Fortuna City Council
February 5, 2024

621 11th Street, Fortuna CA
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We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

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

2. PRESENTATIONS / PROCLAMATIONS
a. Introduction of Community Development Director, Shari Meads b. Introduction of Utility Worker II, Daniel Rockholt
c. Introduction of Park Maintenance Worker II, John Pachak d. Measure E Annual Report, Presented by Measure E Chair Regular Meeting Agenda
Monday, February 5, 2024 at 6:00 pm

3. DISCUSSION ITEM
a. Mark Thurmond - Measure A

4. 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.

5. 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 – January 16, 2024 (Regular Meeting) b. City Council Minutes – January 29, 2024 (Special Budget Workshop) c. Report of Disbursements
d. Approval of a Contract with Mercer-Fraser Company for a Minor Street Paving Maintenance and Repair Project; Resolution 2024-02
e. Council Review and Approval of Commission/Committee Applications and Mayor’s Appointment of Seats
f. Approve Selection of Parks and Recreation Director

6. CITY COUNCIL BUSINESS
a. Second Reading and Adoption of Ordinance 2024-767 EV Charging Station b. Second Reading and Adoption of Ordinance 2024-768 Solar Streamline

7. CITY MANAGER’S REPORT

8. 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.

9. 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

10. ADJOURN TO CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Section 54956.8 of the Government Code; Vacant Land at 624 Main Street, Fortuna CA; Negotiating Parties: City Manager Merritt Perry for the City of Fortuna and Ray Chisum as Negotiating Parties; Under Negotiation: Price and Terms of payment. b. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Employee Organizations: Fortuna Police Employees Association, Fortuna Employees Association, and the Unrepresented/Management group in accordance with Section 54957.6 of the Government Code.

11. REPORT OUT ADJOURN
Pursuant to Government Code Section 54957.5, any non-confidential documents or writings that the City distributes, less than 72 hours before a regular meeting, to all or a majority of the legislative body's members must be made available to members of the public at the same time as the distribution. Documents and information related to the agenda topics are available for review at City Hall, 621 11th Street, between the hours of 8:00 AM to 5:00 PM. Members of the public are invited to come to the meeting and comment. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (707) 725- 7600. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 02/01/2024 at 3:58 PM
Presentation Item 2d
1 CITY OF FORTUNA - MEMORANDUM
TO: Honorable Mayor and City Council Members
FROM: Measure E Oversight Committee
SUBJECT: Annual Report to the City Council
DATE: February 5, 2024
Introduction
Measure “E” is a 3/4% sales tax measure that was approved by the voters of the City of Fortuna on November 8, 2016. Measure E was set to terminate on March 31st, 2025. However, on November 3, 2020, the voters of the City approved Measure “G”. Measure G extended Measure E 8 additional years.

Measure E is now set to terminate on March 31st, 2033.

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

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

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

Committee Members
The City Council made the appointments to the committee with staggered terms as follows:
a. Two (2) members at two (2) years
b. Three (3) members at three (3) years
c. Two (2) members at four (4) years
Members serve at the pleasure of the City Council. There are no restrictions on reappointment of members for successive terms. Currently, the Measure E Oversight Committee is composed of the following seven members:

Presentation Item 2d
2 Term
Expires
Joseph Hardcastle, Chair 12/31/24
Walt Wilson 12/31/24
Sue Long 12/31/25
Donald Ingram 12/31/25
Debi August 12/31/25
Tina Taylor 12/31/24
Vacant 12/31/25
Staff Liaison: Aaron Felmlee, Finance Director
The Committee holds regular meetings on the third Wednesday in January, the third Tuesday in March, September, and December, and the first Tuesday in April. Meetings commence at 5:30 pm as agreed upon by the committee. Special meetings are held as needed.

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

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

6.00%, State of
California

0.25%, County
Transportation
Funds

1.00%, City of
Fortuna

0.75%, City of
Fortuna (Measure E)

0.50%, County of
Humboldt (Measure
Z)
Presentation Item 2d
3 During fiscal year (FY) 2022-23, the City of Fortuna received $1,844,883 (net of administration costs of $12,150) from the City’s transactions and use tax. This represents receipts received from July 2022 through June 2023. These revenues represent approximately 18 percent of the City’s total general fund revenue.

The following data summarizes and compares the revenue generated by Measure E (0.75%) transaction and use tax to the Bradley Burns (1.00%) sales tax by business type for fiscal year 2022-23.

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

0.75 Cent
Measure
“E”
Revenue
75% of
Sales Tax
Revenue
Favorable
(Unfavorable)
Variance
Ratio of Measure
"E" to Sales Tax
Autos & Transportation $225,868 $390,640 $169,401 $221,239 173.0% Building & Construction
264,296

211,625

198,222 13,403 80.1%
Business & Industry
246,733

269,800

185,050 84,750 109.3%
Food & Drugs
247,462

188,567

185,597 2,971 76.2%
Fuel & Service Stations
285,893

242,851

214,420 28,431 84.9%
General Consumer Goods
164,924

317,173

123,693 193,480 192.3%
Restaurants & Hotels
286,702

217,467

215,027 2,441 75.9%
Transfers & Unidentified
2,603

18,910

1,952 16,958 726.5%
Gross Revenue
1,724,481

1,857,033

1,293,361 563,672 107.7%
County/State Pool

420,290
State Board of Equalization
Admin Fees

(15,662)

(12,150)
Net Revenue

2,129,109

1,844,883
Presentation Item 2d
4 Graph 2: Comparison of Transactions and Use Tax as Percentage of Sales Tax The Transactions and Use Tax (TUT) (Measure E) rate is 75 percent of the City’s portion of the sales tax rate (1% Bradley Burns). Due to this, one would expect the percentage of Transactions and Use Tax revenue to sales tax revenue to be 75 percent. However, for fiscal year 2022-23, the City’s Transactions and Use Tax generated approximately 108 percent of the revenue received from sales tax before other adjustments.

This occurs because the City’s TUT is assessed and allocated to the district where goods are delivered or placed into use rather than where the sale was negotiated like general sales tax (aka Bradley Burns). This means that the City is capturing TUT tax on the sale of automobiles and other registered modes of transportation, like boats, motorcycles, and airplanes that occur outside of the City’s taxing district and on business and industry items that are brought into the district from outside (online) suppliers. $0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
Autos &
Transportation
Building &
Construction
Business &
Industry
Food & Drugs Fuel & Service
Stations
General
Consumer
Goods
Restaurants &
Hotels
1 Cent Sales Tax Revenue 0.75 Cent Measure “E” Revenue 75% of Sales Tax Revenue Presentation Item 2d
5 Fiscal Year 2022-23 Expenditures
Graph 3: Expenditures by Department
As stated before the City committed to primarily using Measure E general tax dollars to protect and maintain essential City services, including increasing and restoring police officers and programs, repairing aging/deteriorating streets and potholes, parks maintenance, and programs for youth and seniors. The above chart demonstrates the use of Measure E monies by the department. As you can see from the chart the Police Department accounted for 48% of expenditures, Public Works 16%, Parks and Recreation 26%, and the remaining 10% went to Administrative/City Hall general fund deficit expenses, intended for covering the structural General Fund deficit. Funds that went to the General Fund reserves that were not needed to cover the General Fund deficit will be expended in future fiscal years. Below are individual department reports on the funds derived from Measure E and expended in FY 2022-23.

Public Works Expenditures
12 Street Integrated Stormwater Enhancement Project
In FY 2020-21 and 2021-22, the Measure E Committee approved a total $105,100 allocation for the 12th Street Integrated Stormwater Enhancement Project (CIP 9101). The project included installing several LID rain gardens and a new storm drain pipe along 12th Street in between Loni Drive and K Streets, which has helped address gutter flooding issues along 12th Street as well as future state board permit trash capture requirements. The project was fully completed in December of 2023. The Measure E $933,866
Police
48%
$306,243
Public Works
16%
$187,336
Cover General
Fund Deficit -
Admin/City Hall
10%
$500,784
Parks and
Recreation
26%
Presentation Item 2d
6 funding was used as a grant match for the project, and in total the City received over $1 million in grant funding from the State Water Resources Control Board (Prop 1).

Stormwater Infrastructure Hazard Identification Project In FY 2022-23, the Measure E Committee approved a $37,500 rollover (originally allocated in FY 2020- 21) for the City’s Stormwater Infrastructure Hazard Identification Project. This project will be an engineering and field reconnaissance study that will include physical inspections of various City storm drain facilities, resulting in a prioritized list of storm drain replacement and upgrade projects. This project is also partially funded by a grant from FEMA for $112,500, and the Measure E funds allocated to this project will act as the project’s required local match. Currently, the project is largely complete and the engineering fieldwork to support the findings of the report has been completed. Staff anticipates that the total project effort will be completed in the first quarter of 2024. With the report finalized, staff will be able to better prioritize storm drain asset replacement, and will be in a better position to apply for hazard mitigation grant funding for storm drain work.

Street Maintenance Projects
In FY 2022-23, the City budgeted $178,517.00 towards street maintenance projects from Measure E. With this funding the City was able to complete paving and striping projects at the following locations:
 Smith Lane was resurfaced from Fortuna Boulevard to the corner of Smith Lane. The area was approximately 38,000 feet square with 713 tons of hot mix asphalt placed.  Two small sections of Fortuna Boulevard were resurfaced from the earthquake in December of 2022. The two sections of the road is located over the Hillside Creek fish passage.  Roadway striping was completed at both paving locations.

Storm Drain Maintenance Projects
The City designated $246,900 to the City Wide Storm Drain Maintenance Project (CIP 9373). This FY 2022-23 there were no storm drain failures requiring immediate repair, and as a result, no expenditures were incurred with this funding. Currently, staff are working on several repairs that are anticipated to use this funding in the coming calendar year, including storm drain maintenance work on Elizabeth Barcus, Third Street, and near Newburg Park.

Illegal Camp Cleanup
The Illegal Camp Cleanup for FY 2022-23 was primarily for funding efforts by River Life Foundation. The majority of the funding was for professional services for Sean Swanson of River Life Foundation, and another person to scout, locate, and inform the transients of illegal camping in the City limits. River Life Foundation would also receive calls from Fortuna PD to help clean an area. Mr. Swanson would bill the City for the work. River Life Foundation was in a state of uncertainty after the passing of Sean Swanson, the leader of the group, in 2022. For the remainder of the last quarter of the fiscal year, the City employed New Directions with John Shelter for any cleanup assistance.

Parks and Recreation Expenditures
RCRPD Benefit Assessment Project
The Rohner Community Recreation and Park District (RCRPD) has very limited annual funding, so the City assisted them with Measure E funds to pursue their general mission of planning for a future aquatic center in Fortuna. During FY 2021-22, $50,000 of Measure E funding was allocated to the district to assist with the planning and consultation services (engineer’s report, calculations, ballot proceedings, etc.) related to the Benefit Assessment. Since the RCRPD did not proceed with the Benefit Assessment during FY 2022- 23, nothing was spent, however, these funds are anticipated to be spent in future fiscal years.

Parks & Recreation Director
Measure E continued to fund the Parks & Recreation Director position, with Cameron Mull serving in his sixth year performing the duties of management, direction, and growth of the City’s park and facilities Presentation Item 2d
7 system, recreation activities and programs, the Depot Museum, the River Lodge and Monday Club, and the operation of the Fortuna Transit bus service.

Recreation Program Supervisor Position
In its third year of funding, Measure E supported the Recreation Supervisor position, with Emily Apodaca serving in this role. This position includes management and supervision of all of the City’s Recreation programs and activities, scheduling, training, managing up to 25 part-time staff, and managing many new community-driven events.

Provide Transit to Eureka for Medical Appointments
In its sixth year funded by Measure E, Fortuna Transit continued to provide weekly service to persons with a disability and/or senior citizens with rides to Eureka for medical appointments, since the majority of care providers exist in Eureka. These funds supported the full cost of the service; including fuel, vehicle maintenance, and staff hours for transporting 2-6 riders per week every Tuesday. $5,000 was allocated for FY 22-23, and ultimately $8,932 was needed to fully fund this program.

Rohner Park Basketball Court Rehab and Expansion
In FY 2022-23, the City completed the basketball court expansion project at Rohner Park, which included installing two new, fully fenced and surfaced regulation basketball courts, where previously only a single court existed. The project also included installing planters and a picnic area adjacent to the courts to help buffer the park users from the nearby roadway. Since the opening of the courts, the use of the basketball courts has been significantly above that of the previous courts. In addition to the striping that was placed for the basketball courts, the City added striping for pickle ball courts, which has further ensured the use of the courts and expanded the overall use to the pickle ball community. Overall $125,000 was budgeted from Measure E for the project, and essentially all funding was spent to deliver the project by the end, which was completed in the subsequent fiscal year. This project was born as a recommended improvement in the Measure E project recommendation process and is a fantastic example of how the oversight committee and process have helped to play an active role in providing for community betterment.

Newburg Park Acquisition Improvements
$500,000 was budgeted in FY 2022-23 for this project, which envisions at its build-out installing two new regulation-size soccer fields, a new parking lot, and a new snack shack and bathrooms on the vacant parcel adjacent to Newburg Park which the City acquired in 2022. During this fiscal year, the funding that was spent went towards the engineering design for the improvements, and currently, the City’s engineer is working towards the 60% design submittal for the project. Staff hope to have a better understanding of project cost in the coming months, and at that time will have the ability to determine what improvements can be budgeted and constructed for as an initial phase of work.

Newburg Park Soccer Lights
In FY 2023-24 the lights at the Newburg Park soccer field were replaced to provide enhanced visibility on all fields. In total eleven lights were replaced. The Eel River Valley Youth Soccer League partnered with the City by providing the high-lift rental and the new lights will go a long way for not only the ERVYSL but other user groups as well.

Fortuna Senior Center Program MOU
The City of Fortuna entered into an MOU agreement with the Fortuna Senior Center for $60,000. As part of the MOU the Senior Center agreed to provide the following programs to Fortuna seniors:
 Provide a facility for seniors to congregate and visit Monday through Friday for six hours daily (on average)
 Provide between six and eight hours of programming Monday through Friday including exercise, educational and enhancement opportunities that may include activities such as book club, music classes, sports, hiking, games, etc. and generally consistent with the programming currently being offered for July 2023
Presentation Item 2d
8  Provide assistance upon request directing seniors to other resources and programs available in the community
Police Department Expenditures
Police Detectives
 The Fortuna Police Department received Measure E funds allowing for two full-time police Detectives. These positions continue to provide much-needed additional services to the Fortuna Police Department and our community. Detectives are a valuable resource, allowing for focused investigations and the ability to proactively address major crimes and circumstances that negatively affect our community. The following are just a few examples of the impact the Detectives have had addressing crime in our community during FY 2022-23.
 Detectives conducted 226 investigations, not including the countless investigations they assisted patrol officers with.
 Detectives investigated multiple child molestation cases, which resulted in arrests and convictions.

One investigation involved the arrest of a Eureka High School basketball coach, which resulted in arrest and is currently pending trial.
 Detectives investigated school threats, which resulted in arrest and conviction.  Detectives investigated an assault with a deadly weapon and torture, which resulted in arrest and conviction.
 Detectives investigated an attempted murder, which resulted in the arrest and conviction.  Detectives investigated a murder/suicide, successfully closing the investigation and giving the families impacted the information they needed to start the healing process.  Detectives executed or served multiple search warrants and investigations involving the possession and sales of narcotics, recovery of stolen property, and possession of firearms.  Detectives assisted local partner/allied agencies throughout the county with officer-involved shooting and homicide investigations, as well as arrests of wanted subjects.

Community Service Officer
The Fortuna Police Department received Measure E funds allowing for one full-time Community Service Officer. The Community Service Officer handles lower-level misdemeanor-type crimes, parking complaints/violations, and animal control issues, freeing up our sworn officer staff to focus on more serious violations. The Community Service Officer is a non-sworn position and is assigned to handle property and evidence. During FY 2022-23, the full-time Community Service Officer handled 772 calls for service, in addition to parking enforcement, training a part-time Community Service Officer, property/evidence duties, and animal duties such as licensing, kennel care, and veterinary appointments. Having this non-sworn position is vital to the department.

Code Compliance Officer
The Fortuna Police Department receives Measure E funds allowing for a part-time Code Compliance Officer. This position addressed property abatement and municipal code violations. Almost always, these properties have associated criminal activity ranging from illicit drug crimes to violent crimes. Addressing the abatement issues and municipal code violations resulted in the elimination and/or reduction of criminal activity associated with these properties. In FY 2022-23 code enforcement has worked on many investigations and made a profound impact on our community. The following are a few highlights:
 Code Compliance handled 33 investigations/cases during FY 2022-23.  12 standard abatement case investigations, in which the majority resulted in voluntary compliance and were successfully resolved. Those unresolved are still under investigation.  The Code Compliance Officer has established positive and effective working relationships with a multitude of departments and agencies throughout the county that have greatly aided in the successful and expeditious abatement of blighted properties in violations of local codes and laws.

Presentation Item 2d
9  Approximately 50 properties with existing fire hazards were addressed and neutralized, the majority of these abatement processes were accomplished through self-initiated / proactive contacts. Of these properties approximately 90% were resolved with the initial notice and the rest were resolved with additional follow up from the Code Compliance Officer. Thanks to the efforts of the Code Compliance Officer no city staff was involved in cutting back fire hazards on private property.
 The Code Compliance Officer was trained in addressing abandoned vehicles on our roadways and has taken a proactive approach to addressing abandoned vehicles, successfully addressing 21 abandoned vehicles on our city streets.

K-9 Program
During FY 2022-23, the Fortuna Police Department utilized Measure E funding for the operations budget associated with the department’s K-9 program. The department has K-9 Cain and K-9 Blitz. Both of the department K-9 teams have attended advanced training courses and are certified in patrol, apprehension works, and narcotics detection. The K-9 teams have also attended courses in rural tracking, electronic collar function, and stabilized tactical airborne body operations and they have ongoing maintenance training. In FY 2022-23, Measure E has continued to fund the routine monthly maintenance training associated with department K-9s (Approx. 300+ hours of maintenance training).

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

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

During FY 2022-23, department K-9 teams attended a significant number of public events which sparked community interest, and provided platforms of opportunity to socialize and visit with children and families in attendance. Examples include but are not limited to:
 School visits
 Camp at the park (Summer & Winter break)
 State of the City
 Rodeo
During FY 2022-23, department K-9 teams have participated in numerous narcotic detection deployments, as well as patrol deployments. Some of the deployment highlights include:
 The department K-9 teams were instrumental in detecting and assisting the Humboldt County Drug Task Force with the largest historic seizure of controlled substances, which occurred in September of 2022. The seizure included:
- 30 pounds of methamphetamine
- 5 pounds of cocaine
- 3 pounds of heroin
- 2 pounds of fentanyl
- 150 marijuana plants, 50 pounds of processed marijuana - 2 firearms
- $115,500 dollars in illicit drug money
 K-9 teams assisting the Humboldt County Drug Task Force seized 12 pounds of methamphetamine in Fortuna.
 Throughout the year K-9 teams had multiple no bite surrenders, successfully resolving many high risk situations.

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

Presentation Item 2d
10 Committee Recommendation of Future Measure E Fund Expenditures There are several points the committee wants to be sure the Council pays attention to:

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

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

3. The committee is dedicated to utilizing reserves in excess of the reserve policy built up from unspent monies generated from Measure E to go towards large one time projects such as the Newburg Park acquisition improvements project in the coming fiscal years.

Conclusion
In light of the continuing adverse economic conditions and instability at the state level, the funds derived from Measure E have had a significant and positive effect on the financial stability of the City. The City receives almost the same amount of revenue from Measure E as it does from the General Sales Tax allocation. Without Measure E the City and the public would be exposed to much greater risk Citywide.

Three additional police staff help protect and serve both public members and public property, storm drain funds help mitigate the risk of far greater catastrophes occurring by keeping up on maintenance, and grant match funds help the City take on projects that would otherwise be unattainable with local City revenues.

Biography: Mark Thurmond DVM, MPVM, PhD
Mark was raised in Eureka CA, graduating from Eureka High in 1965. He received his DVM from UC Davis, and then went into mixed-animal and dairy practice. This sparked interest in herd health that led to masters work in epidemiology, which in turn led to work with WHO in Guyana SA to develop a regional school for animal health technicians. Later he was research coordinator for a UC Cooperative Extension milk quality program that transitioned to a PhD program on bovine leukemia at U Florida.

In 1982, he joined UC Davis Veterinary School as a veterinary epidemiologist, where research focused on epidemiology of infectious diseases of cattle. Teaching included critical analysis of medical research, disease surveillance, outbreak investigation, and foreign animal diseases, including foot-andmouth disease. After retirement, he has continued with occasional collaborative research on animal disease modeling. He lives with his wife Audrey on their Kneeland property of 33 years, where he spends his time clearing drainage ditches and making wood, --- upstream from his boyhood home in Freshwater.

Measure A: Humboldt Cannabis Reform Initiative
https://cannabisinitiative.org/
Key Provisions For Commercial Cultivation

1. Caps the eventual number of cultivation permits per watershed to March 4, 2022 level of 957, not 3,500 determined by County Resolution 18-43

2. No new or expanded permits >10,000 sq ft; permits >10,000 sq ft would not expand

3. ‘Liquor license’ process allowing new permits (<10,000 sq ft), if watershed is below its cap

4. No multiple cultivation permits per person/corporation or per parcel; no restrictions for any other types of permits

5. Category 4 roads assessed by engineer, if new or expanded permit

6. Must store sufficient water, or cut back crop – add storage

7. Phase out generators, except one emergency 50 hp

8. Hydrologic study for new wells must prove no negative impacts on streams or other wells

9. Water diversion from streams reduced by one month

10. Only Outdoor, Tier 1 mixed light, or nursery for new permits

11. At least one on-site, in-person inspection per year, < 24 hrs notice

12. Limited one-year term of cultivation permit, renew annually.

13. County to investigate all public complaints

14. Permit expires if requirements are not met within the renewal period

15. County must notify neighborhoods about cultivation permit applications

16. No waiver of public hearings

17. County to coordinate and collaborate with state agencies

18. Protects vested and property rights
Paid for by Humboldt Cannabis Reform Initiative, Yes on A, FPPC # 1443594 Responses to False Claims about Measure A
A There will be economic catastrophe with Measure A’s new regulations. Forcing growers out of business
False

1. So-called ‘new’ regulations are the same as current regs, policy, and required practices the County uses now. Measure A only codifies these practices by putting them into law (generators, hydrologic analysis of wells, requiring water tanks) and ensuring them in the General Plan.

2. A grower who claims they will be forced out of the business would be acknowledging they would be unwilling to abide by the current regulations, policy, etc, and therefore would appear to be admitting they have not been in compliance with the current requirements.

3. Measure A will make it a little more difficult for growers to circumvent regulations because enforcement would be strengthened by mandating inspections (at least one/yr, on-site, in-person), public complaints would have to be investigated (a new requirement of the county), and all requirements would have to be met within the permitted year, or the permit would expire.

4. Measure A says nothing about taxes.

5. Thus, there is no reason why Measure A would affect the ability of current growers to maintain their existing level of productivity, providing they are in compliance with already existing requirements.

The market will continue to have an impact on the industry. In addition, it will be important for the County to interpret and implement the Measure as prescribed by the Measure; it would seem unlikely that the County would implement the Measure in a way that would negatively impact growers.

B Measure A will prevent ‘all’ improvements on virtually ‘all’ farms, including any structures like bathrooms, sheds, housing for labor.

False

1. Measure A defines ‘expanded’ as “an increase in the size, intensity, and resource usage of commercial cannabis cultivation activities.” This could include, for example, an increase in the size or number of structures used “in connection with cultivation” that cause an increase in cultivation area, water usage, or energy usage.

2. Existing permits for cultivation >10,000 square feet could not be “expanded” further under Policy CC-P2. But nothing in Measure A restricts “expanded” uses on existing permits <10,000 square feet.

Smaller existing farms thus could add structures and expand cultivation area up to 10,000 square feet under Policy CC-P2, even if the modifications increase water and energy usage.

3. Measure A also would allow modifications on existing farms >10,000 square feet so long as there would not be an increase in cultivation area or intensity, or increased usage of resources associated with cultivation. In other words, there is no language that would prohibit bathrooms, sheds, or other structures provided they don’t result in an overall increase in cultivation area or resource usage.

4. The County is directed by Measure A to provide implementing ordinances that would further the environmental purposes of Measure A. Thus the County could clarify, without a vote of the people, that Measure A does not restrict modifications or structures that reduce overall energy or resource usage (like water tanks and solar panels).

C Measure A would make farmers and farms non conforming, and that would restrict them from adding structures, or getting tourism permits, or making improvements.

False
Humboldt Cannabis Reform Initiative, Yes on A FPPC #1443594

1. Measure A would mean, according to County ordinance 17.62.010 (Continuing nonconforming use or structure), that the cultivation use indicated in a permit with more than 10,000 sf would be ‘Grandfathered-in’, with a designation of a ‘legally non conforming use’. There is no such thing as a non conforming farmer, grower, or farm; this relates only to use. Here, use is only cannabis cultivation.

2. The county ordinance on non conforming use says only that a legally non conforming use ‘--- may be continued but may not be altered or expanded.’. It says nothing about other aspects of a farm or its operation that does not relate to expansion or alteration of cultivation.

3. Similarly, Measure A says nothing about legally non conforming use.

4. Should there be a need for clarification, Measure A directs the County to do so by developing implementing ordinances.

D After Measure A passes, will the County have discretion to develop ordinances that conform to the intent of A?
No.

The County would not have discretion as to whether or not it would develop ordinances or amendments that conform to measure A. Rather, Measure A specifically directs the County to develop ordinances, amended ordinances, policies, etc., as necessary to implement the Measure in conformance with its intent and purpose. The County does have considerable discretion, however, in its interpretation and implementation, providing it adheres to the purpose of the Measure and the clear meanings of its provisions.

E Measure A was written without input from the public and with no consultation with scientists.

False.

Measure A was written after extensive input obtained from public officials, planning Director, planning commissioners, the public, including review of all public comment made for the DEIR and FEIR, growers association, individual growers, water board staff and biologists, DFW staff and biologists, bird biologists, water quality scientists, laboratory scientists, water quality experts, the scientific literature, CEQA documents and experts, foresters, hydrology publications, UC Berkeley researchers, local hydrology data, scientific papers, and risk assessment experts, to mention some. Public input was obtained from public documents and hearings, personal interviews, and the media. This input was extensive, perhaps covering more public input than was received in creation of the ordinances.

Further, public validation was obtained through the petition process involving well over 10,000 people.

F Measure A creates an entirely new section in Humboldt County’s General Plan only for legal cannabis (no other industry is regulated in the GP) that establishes new rules, requirements, prohibitions, and restrictions. These requirements then mandate the BOS to create a new implementing ordinance to fulfill the objectives of the initiative. The existing two ordinances become obsolete—resulting in the majority of existing farmers becoming “nonconforming.” False
Humboldt Cannabis Reform Initiative, Yes on A FPPC #1443594

1. The massive number of illegal growers, some turning legal, as well as the massive green rush, dictated the need for two land use ordinances, versions 1.0 and 2.0. This is because much of the county’s land had now come under very intensive cannabis cultivation, some on an industrial scale, affecting watersheds, rivers, people, wildlife, soil, water, and air quality, night light pollution, plastics, chemicals, and other potential insults to the land. The state requires that ordinances, particularly those addressing a significant influence to our land and people, such as for cannabis, must have a necessary and appropriate foundation in the General Plan. The General Plan gives the goals, purpose, and other requisite guidelines for ordinances, policy, plans, etc. Currently, there is no General Plan foundation for cannabis cultivation land use in Humboldt county.

Illegal grows come under the auspices of the Sheriff Dept, which must follow the law to identify and remove illegal grows. These laws clearly would protect the county from illegal cultivation, and they should be enforced. No initiative or measure can require a sheriff to enforce the law, but the state constitution does.

2. Other agriculture industries are very heavily regulated, such as the dairy industry, where inspectors, veterinarians, public health officials, and the public are able to ‘inspect’ dairies at any time, night or day---24/7 for such things as sanitation, chemicals, antibiotics, animal welfare, human welfare, pollution, air quality, methane production, nitrate levels, water use, as examples. Equipment can be inspected at any time, without notice, with laboratory tests conducted. Milk is tested twice daily for quality, bacteria, and evidence of contamination. Zoonotic diseases are monitored, cattle are tested for Tb and brucellosis. Regulations are extensive and intensive, and inspections necessary for enforcement are frequent. Dairy owners cannot hide from the inspectors, or cry foul if they are not given a week’s notice of an inspection. Violation of code can result in milk being dumped, not just a slap on the wrist or a fine.

3. There is no reason that the existing two ordinances, 1.0 and 2.0, should become obsolete. The county will be required to amend these ordinances in a few places to ensure they conform to the Measure and to add any appropriate procedural language to clarify and ease implementation. It is a fallacious claim to say it will be necessary to declare the ordinances obsolete. It would incur unnecessary costs if the County chose to do that.

4. Farmers will not become non conforming. There is no such thing as a non conforming farmer, or a non conforming farm. The County has an ordinance (No. 17.62.010) for legally non conforming uses (not farms or farmers); here cannabis cultivation would be the ‘use’. Measure A limits new or expanded permits to 10,000 sf; thus, any existing permit >10,000 sf would be ‘grandfathered in’ as a legally non conforming use. The county has no restrictions on permits with a non conforming use, other than the use (cultivation) cannot be expanded or altered. Measure A does not allow approval of any expanded permit that would result in more than 10,000 sf, but it has no restrictions on improvements or
Humboldt Cannabis Reform Initiative, Yes on A FPPC #1443594 modifications that are not associated with increase cultivation area, intensity, or resource usage, including for permits >10,000 sf. Generators will be phased out to 50 hp max, and a hydrological study will be necessary for new wells.

5. The regulations in Measure A directed to growers already exist either as a regulation, a practice, or non codified requirement. Measure A codifies and tightens these regulations and includes them in the General Plan. The claim that the Measure adds new regulatory burdens to the growers is not true. The Measure does have new requirements for the county to inform the public and to allow the public more say in permit approvals and renewals.

G. The intent and purpose of the initiative are irrelevant –the specific words used in definitions and amendments are binding and don’t allow for interpretation in accordance with the intent.

False
The language is clear and unambiguous, and clearly consistent with the Purposes. The County is mandated to follow the intent and purpose of the Measure, and would be in violation of the law (eg the Measure) if it did not. The Measure gives the County considerable latitude in interpreting the Measure H. Does Measure A subject growers to increased taxation? No.

We cannot control how county staff might interpret or apply Measure A in a specific situation, and we certainly cannot give anyone legal advice. But, we can say how we intend the measure to be applied if it passes. Measure A does not address taxes and there is no intent in Measure A for taxes to be increased.

In addition, in a decision regarding the lawsuit filed by the Growers Alliance and some growers attempting to stop Measure A from appearing on the ballot, Humboldt Superior Court Judge Canning ruled “Measure A does not propose to raise taxes. Measure A changes some definitions of growing techniques, but whether those would result in tax changes is up to county officials. The county has the power under Measure S to reduce taxes, and it has used this power in the past to relieve growers of tax liability.”
I. Provisions in Measure A cannot be changed or removed except by another vote of the people. It would take 20 years to amend and would be very costly. Very difficult.

True – and False 1.

This is correct with a few exceptions. The language could be changed if: a) new state law or state definitions were to affect the Measure. b) the Board of Supervisors approved lower caps on permits and/or acreage (but not higher)

2. It is important to understand the reasons for the mandate that does not allow changes to be made without a vote of the people.

Humboldt Cannabis Reform Initiative, Yes on A FPPC #1443594 Without a mandate, the peoples’ vote could be erased in a month or two, or a year by the Board of Supervisors. As an example, they changed Measure S (which has no mandate), providing for relief from taxes several times. A new board could do away with Measure A altogether, thus dismissing entirely the vote of the people.

3. We do not have faith that even a well-meaning Board will do what it promised, as shown by the failure of the Board to keep its promise in 2018 when it resolved to have an annual public hearing assessment of cannabis activities, including reports from all applicable agencies. No such annual assessment has ever been done. (See Humboldt County Resolution 18-43, end of the Initiative.)

4. The County is directed to provide its interpretation for implementing ordinances, so the County has its say in how language is to be interpreted. The County has demonstrated a profound propensity to side with growers, thus it expected that the County interpretation will be favorable to the growers. It is a state requirement that county ordinances follow the goals and policy laid out in the General Plan.

Currently, there is no General Plan section or language regarding commercial cannabis cultivation. In other words, current cannabis ordinances lack the necessary General Plan underpinnings. Measure A will, for the first time, amend the General Plan with language that provides foundation for cannabis cultivation ordinances and policies. The General Plan addition proposed in Measure A offers broad environmentally and socially- based goals that would serve to promote an environmentally responsible future for cannabis cultivation. It is important that General Plans not be too easily changeable.

5. It would be easy for the County to put changes before the voters. In Nov-Dec 2023, at the encouragement of the Growers Alliance, the Board brought forward a proposed initiative to be placed on the ballot, intended to compete with Measure A. The Board and Planning Department followed the same process that would be followed if Measure A were to be amended. From beginning to end, the process, including drafting language and two ‘public hearings’, took 4-5 weeks. Not onerous or difficult, not 20 years--- perhaps even this coming November.

J. Measure A would forbid solar panels and water tanks, making it an anti-environmental measure.

False

1. This claim derives from a twisted interpretation of the definition (under 4.9.3 Definitions) for ‘Expansion’, which ‘shall mean an increase in size, intensity, or resource usage of cultivation activities’. Examples of ‘expanded uses’ include--- ‘ the number and size of any structures used in connection with cultivation’. The county’s definition of ‘structure’ includes solar panels and water tanks. Thus, opponents say that any farm would be prevented from adding solar panels and water tanks, because they are ‘structures’ and because farms over 10,000 sf are not allowed to expand. This reasoning becomes obscure for farms less than 10,000 sf.

2. Opponents have ignored the ‘meaning’ of expansion. Under Definitions, Measure A tells us what ‘expansion’ means, literally, ‘[Expansion]--- shall mean an increase in size, intensity, or resourse Humboldt Cannabis Reform Initiative, Yes on A FPPC #1443594 allocation.’ A farm that simply wishes to add more water storage, without increasing water usage, would not, by definition, constitute ‘expansion’. Similarly, addition of solar panels to reduce reliance on fossil fuel power, or simply to provide more stable battery back up power, without utilizing more power, would not meet the meaning of ‘expansion’. The County has a say in interpretation.

3. Opponents ignore the purpose and intent of Measure A. Measure A’s overall stated purpose and intent are to protect the environment. The measure’s restrictions on “expanded” uses are intended to limit increased cultivation area, resource usage, and environmental impacts, while allowing existing farms to keep operating. Measure A itself says it must be interpreted broadly by the County to further its purposes; this interpretation is required--- mandated (Section 9). Interpreting Measure A as prohibiting modifications that reduce resource usage and environmental impacts would be contrary to its purposes. Therefore, the County must implement Measure A in a way that allows environmental improvements, such as water tanks and solar panels, at existing farms. (Section 9)

4. Opponents ignore the County’s implementing ordinances. To the extent there is any uncertainty about this, Measure A gives the County additional flexibility for clarification. The Measure allows the County to adopt implementing ordinances that further its purpose without a vote of the people. The County could adopt an implementing ordinance to make clear that Measure A does not prohibit environmental improvements at existing farms. The County also could consider modifying its definition of “structure”—which is not part of Measure A—to address any uncertainty. (Section 7F)

5. Opponents ignore the Measure’s mandate against inconsistent implementation. Measure A forbids the County (including departments, officers, commissions, employees, etc) from granting, or by inaction allowing, any plan, permit, ordinance, policy, or other entitlement that is inconsistent with the Measure. The County is specifically required not to act in any way that is inconsistent with the stated purpose and goals of the measure, namely to protect the environment. (Section 7H) Thus, Measure A specifically and carefully defines in multiple ways the County’s obligation and duty for implementation that augments and is not inconsistent with the stated environmental purpose and goals of the Measure. Forbidding water tanks and solar panels would clearly violate those mandates. If Measure A were approved and became law, a violation by the County of any of these mandates would seemingly contravene the law.

K. Existing farmers would have to upgrade their roads to meet category 4 standards, costing hundreds of thousands of dollars per mile.

False
Measure A does not change anything about Category 4 road standards other than requiring an engineer to verify compliance where it is already otherwise required under 2.0, but only for new or (some) expanded applications. This provision affects only new applications where Category 4 road standards Humboldt Cannabis Reform Initiative, Yes on A FPPC #1443594 would already apply (ie ordinance 2.0). Measure A does not change or eliminate any of the existing exceptions from the Category 4 standard. This provision does not affect ANY existing operation, unless the operation expands in a way that would trigger the Category 4 requirement under the current ordinance 2.0. If the current permit is less than 10,000 sf and does not have a category 4 road requirement, Measure A would not require a category 4 road requirement or engineer validation if the farm wanted to expand to 10,000 sf (there would be no trigger). If that same small farm instead had a permit that required a category 4 road, then an engineer would need to validate that the road met the category 4 road standard (basically two lane, or ‘same practical effect’). “Same Practical Effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two-way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.”.(Ordinance 2.0) L. Our general response to the County Analysis (see HCRI response to Analysis)

1. The Analysis adopts an extreme interpretation that contradicts the Initiative’s environmentally protective purposes and intent—even though the Initiative itself states that it must be interpreted consistent with its purposes.

2. Contrary to the County’s claims, the Initiative’s limitations apply only to “new” and “expanded” uses. The clear intent of these provisions is to allow existing farms to continue operating, but not to expand the amount of cultivation (land usage), energy usage, or water usage.

3. Contrary to the County claim, the current Ordinance 2.0 provides that permits “shall terminate” or “expire” one year after the date of issuance. (County Code §§ 313-55.4.5.6, 314-55.4.5.6.) Policy CCP3 would simply add these existing requirements to the General Plan, which cannot be changed without a vote of the people.

4. Contrary to the County claims, Policy CC-P2 states that “[t]he limitations in this Policy CC-P2 shall not apply to an application for renewal of an existing permit or zoning clearance that does not propose or involve any expanded use.”

5. The Analysis and accompanying statements made at the March 7 Board of Supervisors meeting are not neutral and fair presentations of relevant facts. Rather, they appear intended to influence and undercut public support for the Initiative—in other words, to take part in the political campaign surrounding the Initiative in advance of the March 2024 election. We now see this is becoming reality.

Humboldt Cannabis Reform Initiative, Yes on A FPPC #1443594

396 HAYES STREET, SAN FRANCISCO, CA 94102
T: (415) 552-7272 F: (415) 552-5816
www.smwlaw.com
KEVIN P. BUNDY
Attorney
[email protected]

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April 20, 2023
Via Electronic Mail Only
Steve Madrone, Chair, and Members
Board of Supervisors
Humboldt County
825 5th Street
Eureka, CA 95501
E-mail: [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
John Ford
Director
Humboldt County Planning and
Building Dept.
3015 H Street
Eureka, CA 95501
E-Mail: [email protected]
Re: Errors and Mischaracterizations in the
“Humboldt Cannabis Reform Initiative Analysis and
Recommendations” Prepared for the
Humboldt County Board of Supervisors
Dear Chair Madrone, Director Ford, and Members of the Board:

Our firm represents the proponents of the Humboldt Cannabis Reform Initiative.

We have reviewed the “Humboldt Cannabis Reform Initiative Analysis and Recommendations” prepared by the Humboldt County Building and Building Department on March 7, 2023 (the “Analysis”). As discussed in detail below, the Analysis contains a number of factual errors, mischaracterizations, and misinterpretations regarding the intent and effect of the Humboldt Cannabis Reform Initiative (the “Initiative”).

This memorandum does not attempt to refute every misstatement or mischaracterization in the Analysis, but rather focuses on certain inaccuracies and misinterpretations that appear to have caused the most concern. In particular:
• The Initiative is not intended to prevent existing cultivators from improving the environmental footprint of their operations, such as by installing water storage Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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or solar panels. The Analysis adopts an extreme interpretation that contradicts the Initiative’s environmentally protective purposes and intent—even though the Initiative itself states that it must be interpreted consistent with its purposes. • The Initiative authorizes the County to adopt implementing regulations— without a vote of the people—to further its purposes. To the extent the County truly believes the Initiative is ambiguous as to whether water storage or solar panels would be prohibited, it could adopt an implementing ordinance making clear such additions further the Initiative’s environmentally protective purposes.
• The Initiative does not add a new permit renewal requirement or process.

Under the County’s existing ordinance, cultivation permits already expire automatically after one year unless renewed. The Initiative simply requires an on-site inspection and resolution of legitimate complaints prior to permit renewal. • The Initiative does not prohibit cultivators from obtaining dispensary, bedand-breakfast, or tourism permits. The Initiative applies only to commercial cannabis cultivation permits. It has no effect on any other type of permit. Nor does it prohibit the County from addressing multiple on-site activities in a single permit, to the extent permitted by state law.
• The Initiative does not require any existing cultivators to upgrade their roads to Category 4 standards. The Initiative makes only one road-related change:
when a permit applicant claims a road meets Category 4 standards, the applicant must provide a licensed engineer’s report to back up that claim. The Initiative does not change anything else in the existing ordinance governing road standards or applicable exceptions. • The Initiative codifies a number of things the County says it’s already doing.

The Analysis claims that the Planning Department, as a matter of “practice,” is already requiring several things the Initiative also would require (such as phasing out generator usage, providing hydrologic studies in connection with proposed wells, requiring renewable energy, and holding public hearings on Special Permits). The Initiative would provide legal support for and consistency in these practices rather than leaving them entirely to the discretion of Planning Department staff.

These and other issues are addressed in further detail below.

I. Initiative Purpose and Interpretation
The County’s Analysis, as well as statements by Planning Director John Ford and Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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Supervisors at the March 7 hearing, adopt extreme interpretations of certain Initiative provisions that run directly counter to its purpose. This is inappropriate.

The Initiative’s purposes and goals are clear: (1) to protect Humboldt County’s environment from impacts of cannabis cultivation, particularly water usage and energy consumption; (2) to protect Humboldt County’s historic small-scale, high quality cannabis industry against threats from larger-scale operations.

The Analysis nonetheless interprets the Initiative as precluding changes to existing operations that are intended to make cultivation more environmentally protective. The Initiative itself precludes such interpretations. Section 9 of the Initiative states that it “shall be broadly construed to achieve its purpose.” Interpretations that conflict with the Initiative’s purposes are thus improper.

The Initiative also authorizes the County to adopt implementing “ordinances, guidelines, rules, and/or regulations” to “further the purposes” of the Initiative. (Initiative § 7.F.) To the extent the County believes there are ambiguities that need to be addressed, the Initiative allows for further legislation without a vote of the people to accomplish this, provided the legislation “furthers the purposes” of the Initiative.

II. The Analysis Mischaracterizes the Initiative’s Findings and Intent A. Purportedly “false” and “misleading” statements
The Analysis states that “assertions” in the Initiative’s findings are “misleading or false.” (Analysis at 2.) Yet none of the statements specifically identified as “false” in the Analysis actually appears in the Initiative’s text. Indeed, the only purportedly “false” statements the Analysis identifies are the County’s own inferences and mischaracterizations of the Initiative.
1 Ultimately, the Analysis simply expresses
disagreement with the Initiative’s findings. Planning Department staff may hold the 1 See, for example, Analysis at 8 (“[Finding 3] infers large new cultivators are dominating the permits being obtained in Humboldt County and this is not true. . . .

Finding 4 infers that every cannabis operation is filled with adverse impacts that are not being addressed. This is simply not true.”), 13 (claiming “the assumption behind [the] finding” that large-scale cannabis cultivation contributes to strain on water resources is “false”), 19 (arguing—falsely—that the Initiative “infers notices are not provided for all discretionary projects and that is not true”). None of these inferences or assumptions actually appears in the text of the Initiative.

Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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opinion that the Initiative is unnecessary or unwise as a policy matter, but staff’s mere disagreement with the Initiative does not make its findings false or misleading.

B. Definition of “large-scale” cultivation operations
The 10,000 square foot limitation in the Initiative is not “arbitrary,” as the Analysis claims (Analysis at 16), but drawn directly from state regulations. Ten thousand square feet is the threshold between “small” and “medium” cultivation licenses under state regulations. (Cal. Code Regs., tit. 4, § 16201(c), (d).) This threshold is consistent with the Initiative’s express goal of promoting small-scale cultivation. References in the Initiative to “larger-scale” and “large-scale” operations are in contrast to the operations that the State of California considers “small,” not to the tiny minority of grows over one acre in Humboldt County or mega-grows in other parts of the state referenced in the Analysis. (Analysis at 2.)
Context, history, and geography are important in evaluating which operations are smaller or larger in scale. Many historic and current cultivation operations in Humboldt County are in rural residential areas, near watercourses, and down long dirt roads. The majority of current permitted sites in Humboldt County are less than 10,000 square feet. (Analysis at 4 [Table 1].) Humboldt County is not Riverside County, or even Santa Barbara County. The Analysis quibbles with where the Initiative draws the line between large and small operations, but in the local context, the line itself is permissible for the voters to draw.

C. Codification of existing County “practices”
The Analysis argues that several of the Initiative’s findings are inaccurate, and suggests that the Initiative is unnecessary, because the County is already requiring certain environmental protections as a matter of “practice” or in permit conditions. For example, the Analysis claims “current practice” and standard “project conditions” already require:
(a) phasing out generator usage (Analysis at 14, 17, 21); (b) use of renewable energy for mixed light and indoor cultivation (id. at 17); (c) holding public hearings for Special Permits (rather than waiving hearings) (id. at 12, 20); and
(d) requiring a hydrologic analysis for proposed wells (id. at 14, 20).

Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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The Initiative would codify provisions addressing these issues rather than leaving them entirely to the discretion of the Planning Department. Codification not only ensures consistency in application of standards but also protects the County against challenges from applicants who may not accept a condition that is not required by the County’s current Ordinance.2
III. “Legally Nonconforming” Uses and Definition of “Expanded” Use The Analysis claims that the Initiative would render a significant number of existing farms “non-conforming.” (Analysis at 15.) From this, the Analysis concludes that existing cultivators “would not be allowed to improve their facilities,” “make changes to adapt to the evolving industry,” “make changes and continue to cultivate under their existing permit,” or “add facilities that would make the operation more efficient or more environmentally friendly.” (Id. at 15, 16.) These conclusions are inaccurate and misleading.

First, the Initiative would not force someone to reduce the size of their cultivation area just because they need a discretionary permit for something unrelated to cultivation.

Initiative Policy CC-P2 applies only to an “application for a permit, permit modification, or zoning clearance for new or expanded commercial cannabis cultivation.” Policy CCP2 does not apply to anything unrelated to commercial cannabis cultivation. Nothing in the Initiative renders an entire parcel, or every existing use on that parcel, nonconforming.

Second, the Initiative’s limitations apply only to “new” and “expanded” uses. The clear intent of these provisions is to allow existing farms to continue operating, but not to expand the amount of cultivation, energy usage, or water usage.

The Analysis advances a literal interpretation of “expanded” uses that would perversely preclude efforts to reduce energy and water usage in cannabis cultivation. This interpretation—which focuses on water storage tanks and solar panels—runs directly counter to the express purpose and goals of the Initiative. This is incorrect and impermissible. Section 9 of the Initiative states that it “shall be broadly construed to achieve its purpose.” The text of the Initiative itself forecloses interpretations that would 2 References to the “Ordinance” in this memorandum refer collectively to provisions of the Commercial Medical Marijuana Land Use Ordinance (“CMMLUO”) and the Commercial Cannabis Land Use Ordinance (“CCLUO”) codified at sections 313-55.4 and 314-55.4 of the Humboldt County Code.

Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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defeat its purpose.

The Initiative’s stated purpose is “to promote environmentally responsible cultivation practices and support watershed health for residents, property owners, and ecosystems.” (Initiative § 1.A.) To this end, the Initiative aims to reduce reliance on surface and groundwater extraction and to ensure adequate water storage. (See Initiative § (10); Goal CC-G4; Policies CC-P10 and CC-P11; Standard CC-S2.) The Initiative also aims to reduce energy usage and eliminate reliance on generators. (Initiative § 1.C(6), (11); Goal CC-G7; Policies CC-P2 and CC-P12; Standard CC-S3.) The interpretation advanced in the Analysis—that the addition of water tanks and solar panels to an existing, permitted grow, without any other change, as an impermissible “expansion”— contravenes these clear purposes.

To the extent the County still believes clarification on this point is necessary, Section 7.F of the Initiative allows the Board of Supervisors to adopt implementing ordinances “to further the purposes” of the Initiative without a vote of the people. In my opinion, an implementing ordinance changing the definition of “structure” in the Zoning Ordinance to allow for installation of water tanks and solar panels on existing, permitted cultivation sites would be consistent with, and would further the purposes of, the Initiative.

Finally, assertions in the Analysis regarding the Initiative’s effect on existing mixed light and indoor cultivation are incorrect. The Analysis claims the Initiative would “make all existing mixed light and indoor cultivation permits non-conforming.” (Analysis at 16.) This assertion, however, is based on how the County currently defines mixed-light and indoor cultivation. (Id.) The Initiative contains different definitions of “Indoor” and “Mixed Light” cultivation (drawn from state regulations) that would supersede the County’s current definition. (Initiative at p. 8.) Under the Initiative’s definitions, existing operations using “Mixed-Light tier 1” cultivation—which includes operations using light deprivation and artificial lighting not exceeding six watts per square foot—will not become “non-conforming.” Mixed-Light tier 1 cultivation also will be allowed in new and expanded operations. (Initiative Policy CC-P2(b).) IV. Permit Renewal
The intent of the Initiative is to allow currently permitted operations to continue— and to be renewed—unless they are expanded. The only changes the Initiative makes to permit renewal are to require on-site, in-person inspections (rather than “remote” inspections, “desk reviews,” or self-certification of compliance by permittees), correction Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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of violations, and investigation of legitimate complaints. (Policy CC-P4.) Any suggestion in the Analysis that the Initiative imposes a new one-year expiration date or “renewal” requirement (Analysis at 17) is false. The one-year expiration date and annual renewal requirements are already in existing law. The Ordinance currently provides that permits “shall terminate” or “expire” one year after the date of issuance. (County Code §§ 313-55.4.5.6, 314-55.4.5.6.) Policy CC-P3 would simply add these existing requirements to the General Plan.

The Ordinance also currently provides that permits cannot be “renewed” unless an annual compliance inspection is conducted. (County Code §§ 313-55.4.5.6, 314-

55.4.5.6.) Policy CC-P4 tightens inspection and complaint resolution requirements. But the only change the Initiative makes to these sections of the Ordinance is to add the words “on-site, in person” before “annual compliance inspection.” (Initiative §§ 4.A.1 and 5.A, amending County Code §§ 313-55.4.5.6, 314-55.4.5.6.) The Analysis faults the Initiative for failing to describe the renewal process—but to the extent the County lacks a process for renewals, that is a flaw in the existing Ordinance, not in the Initiative. Indeed, the Analysis concedes as much. (Analysis at 17 [“The existing zoning ordinance does not have a renewal provision”].)
The Analysis suggests that the Initiative is ambiguous as to whether permit renewals would be treated as new applications. There is no ambiguity. Policy CC-P2 states that “[t]he limitations in this Policy CC-P2 shall not apply to an application for renewal of an existing permit or zoning clearance that does not propose or involve any expanded use.” This makes clear that to the extent the County treats a permit renewal request (without any expanded use) as an application, Policy CC-P2 will not apply except as specified.

Policies CC-P3 and CC-P4, along with corresponding revisions to the Ordinance in Initiative sections 4 and 5, also are perfectly clear about what changes are and are not being made in the Initiative. Except as expressly provided, the Initiative does not dictate what process the County must follow in renewing permits.

V. Multiple Permits
The Initiative addresses commercial cannabis cultivation permits, not bed-andbreakfast permits or dispensary permits or tourism permits. This is plain from the language of Policy CC-P5, which explicitly references “permit[s] for commercial cannabis cultivation.” Later references to a “permit” in the same sentence are also to Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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permits for commercial cannabis cultivation. The Initiative’s limitation on multiple permits thus applies only to commercial cannabis cultivation permits, not other types of permits.

Again, the Initiative’s provisions must be understood in the context of its purposes. Those purposes do not include interpreting the Initiative in a way that defeats its objectives. Those objectives include promoting and protecting the County’s traditional, small-scale cannabis cultivation practices. To the extent bed-and-breakfast permits or tourism permits or dispensary permits are consistent with those objectives, the Initiative should not be interpreted as interfering with or precluding issuance of those permits.

The Initiative does not purport to override state law. State law may require separate licenses for cultivation and nurseries, but nothing in the Initiative would prevent the County from addressing cultivation, nurseries, processing, and other on-site activities in a single permit. To the extent any changes to the existing Ordinance are necessary to combine permits, the Board of Supervisors could adopt those changes without a vote of the people, provided they are consistent with the policies and purposes of the Initiative.

The Initiative is not ambiguous on this point. However, under Section 7.F., the Board of Supervisors could address any perceived ambiguity in an implementing ordinance designed to further the Initiative’s core purpose of promoting a small-scale, high-quality, environmentally sustainable cannabis industry.

VI. Category 4 Roads
A. The Initiative does not impose a new Category 4 road standard.

The Analysis claims the Initiative would require new and expanded cultivation sites to be located on a Category 4 road. (Analysis at 21.) But this is not a new or different requirement. The Ordinance already requires that “[u]nless otherwise specified, roads providing access to [cultivation] parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect).” (County Code §§ 313-55.4.12.1.8.2, 314-55.4.12.1.8.2.)
The current Ordinance allows applicants themselves to make a determination as to whether their roads meet Category 4 standards. Many applicants are not qualified to make that determination. The Initiative requires a qualified engineer to determine Category 4 compliance where compliance with the standard is already required. The Initiative does Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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not change the applicability of the standard and does not affect any existing exceptions to the Category 4 road standard requirement in the current Ordinance.

B. There is no inconsistency between the Initiative’s General Plan and Ordinance amendments.

The Analysis claims there is an inconsistency between Initiative Policy CC-P13 and the Initiative’s amendments to the Ordinance. (Analysis at 22.) This is incorrect.

The Analysis misconstrues Policy CC-P13. The Analysis claims the policy “says all roads must be a category 4 road (or same practical effect),” while the Initiative’s amendments to the Ordinance only require review by a licensed engineer. (Analysis at

22.) But Policy CC-P13 is clear: “a licensed engineer’s report shall be required to support a conclusion that the road meets or exceeds the Category 4 standard.” (Initiative at p. 13.) The Initiative’s amendments to the Ordinance require exactly the same thing. (Initiative at pp. 26, 28.) There is no inconsistency.

Accordingly, the statement in the Analysis that “the provision to allow roads of less than a category 4 standard would need to be removed” from the Ordinance to address the inconsistency (Analysis at 22) is false. Other conclusions in this portion of the Analysis that depend on this false statement are similarly inaccurate.

C. Applicants are already providing engineer’s reports.

The Analysis states that “[m]ost road evaluations accompanying projects presented to the Planning Commission and Zoning Administrator are currently utilizing road evaluations prepared by licensed engineers.” (Analysis at 6.) Thus the County concedes that “most” applicants are already doing what the Initiative would require for new and expanded permits.

Suggestions in the Analysis that retaining an engineer always would be costprohibitive are therefore misleading. Once again, the Initiative would simply codify and support a common-sense practice that the County admits is already occurring.

VII. Public Notice and Discretionary Review
The Analysis claims that additional public notice and expanded discretionary review are unnecessary. Sponsors and supporters of the Initiative—many of whom feel they have not received adequate notice of proposed cultivation projects or a full opportunity to participate in the process—disagree with the County’s assessment.

Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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Despite its objections, the Analysis concedes these provisions may have little practical consequence. The Analysis admits that discretionary review and public notice “will not really matter for new permits, because few are expected.” (Analysis at 24.) The Analysis also claims these provisions will affect existing cultivators by forcing permit renewals to go through discretionary review (id.); however, this conclusion flows from the County’s misunderstanding of the Initiative’s permit renewal provisions.

A. Additional public notice is warranted.

The Analysis states that everyone who needs to be notified of proposed projects is already being notified and that the County even goes beyond minimum legal requirements in “controversial” cases. (Analysis at 19, 23.) The Initiative’s sponsors, however, have heard from numerous community members who strongly feel that the County’s current approach is inadequate.

In a large, rural county like Humboldt, notice to property owners 300 or 500 feet from the cultivation parcel boundary may reach only those owners immediately adjacent to the parcel. Commercial cannabis operations, however, can and do affect residents beyond immediately adjacent parcels, including residents sharing a road or water source with a cultivation site or who live downstream. Moreover, given the area’s rugged topography, cultivation operations may be visible or audible across far greater distances.

Initiative Standard CC-S4 adopts reasonable requirements intended to provide public notice to everyone who may be affected by a cultivation project, not just immediately adjacent property owners.

B. Public hearings should not be waived.

The Initiative also enhances public participation by ensuring that the County actually holds public hearings on discretionary permit applications. (Policy CC-P9; Initiative §§ 4.A.2, 5.B.) The Analysis claims the County is already holding public hearings on all Special Permits and Conditional Use Permits anyway “[a]s a matter of practice and to ensure full transparency.” (Analysis at 12.) To the extent this is true, the Initiative would codify this “practice.”
The Analysis complains that this portion of the Initiative “gives a false impression that the County waives public hearing requirements.” (Analysis at 20.) But it is the Analysis that gives a false impression; the County Code clearly authorizes the County to waive public hearings. (County Code § 312-9.2.)
Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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C. Additional discretionary review is appropriate.

The Initiative would require discretionary review of applications for new and expanded permits with a cultivation area greater than 3,000 feet.

The Analysis claims discretionary review would be required to “add water storage improvements” at sites between 3,000 and 10,000 square feet. (Analysis at 19.) However, as discussed above, it is unnecessary and improper to interpret “water storage improvements” that decrease resource usage as “expanded” operations under the Initiative. In contrast, to the extent that applicants truly seek to expand the intensity or resource usage of their operations at this size, the sponsors of the Initiative feel that discretionary review is appropriate.

The Analysis also claims this requirement would “create a large burden on County staff” (Analysis at 19), but then concedes that it “will not really matter for new permits, because few are expected.” (Analysis at 24.) The Analysis does not provide any evidence as to how many applications to expand existing grows between 3,000 and 10,000 square feet can be expected in coming years. Absent such evidence, claims in the Analysis regarding an additional burden on staff appear to be mere speculation.

VIII. Instream Flows, Diversions and Wells
The Analysis professes confusion as to the purpose of Policy CC-P10, which requires the County to confirm that wells proposed for use in cultivation will not reduce instream flows, adversely affect watercourses or springs, or adversely affect another party’s well. (Analysis at 20.) It is not clear why the County would be confused about this. Policy CC-P10 is straightforward. The policy also must be understood in the context of Standard CC-S1, which requires a hydrologic study demonstrating compliance with the requirements of Policy CC-P10 in support of a cultivation permit application. To the extent the County is already requiring hydrologic studies as a matter of “practice” or is taking other steps to accomplish these goals, as the Analysis suggests (see Analysis at 14, 20), the Initiative would simply codify and support those practices.

The Analysis also argues that the Initiative’s groundwater protection measures are unnecessary because average per-acre groundwater recharge in Humboldt County is high, even during drought years. (Analysis at 6.) The argument is disingenuous. Average groundwater recharge per acre across the entire county reveals nothing about whether a particular proposed well, in a particular location, is likely to affect nearby streams, springs, or wells. The Initiative requires analysis of concrete hydrological problems Steve Madrone, Chair, and Members
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April 20, 2023

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related to actual cultivation operations.

Finally, the Analysis disagrees with the Initiative’s extension of the “forbearance period” for water diversion. (Analysis at 20.) The Initiative’s sponsors and supporters feel that given ample (and unrefuted) evidence of streams and even major rivers going dry in recent years, additional caution is necessary regarding diversions in late summer and autumn.

IX. Coordination with Other Agencies
The Analysis claims that the County is already coordinating with state wildlife and water quality agencies. (Analysis at 18-19.) As an example, the Analysis cites the “referral process” in County Code section 312-6.1.3, which requires the County to “refer copies” of permit applications to other agencies. Such a referral, however, also must “include notification that, if the [Planning] Department does not receive a response within (10) working days, the Department will assume that no recommendations or comments are forthcoming.”
The lack of a requirement for meaningful coordination among agencies is not a “false narrative.” (Analysis at 19.) In the judgment of the Initiative’s sponsors and supporters, merely sending copies of documents to overburdened state agencies with a 10-day deadline for responses—after which the County need do nothing further to ensure agencies’ concerns are addressed—falls well short of “coordination.” X. Political Reform Act Limitations
The County’s errors are not limited to the Analysis itself. The misstatements and misrepresentations in the Analysis prompted additional comments from both Supervisors and Planning Department staff at the March 7, 2023 Board of Supervisors meeting. Many of these further statements were inaccurate, and some were patently inflammatory. 3 3
For example, Supervisor Rex Bohn stated that the Initiative “just doesn’t put a nail in the coffin, it digs the hole, names the cemetery and puts everybody in it in a mass grave.” Isabella Vanderheiden, Humboldt County Cannabis Farmers Blast ‘Misleading’ Ballot Initiative That Would Impose New Restrictions on Cultivators; Supervisors Form an Ad Hoc Committee to Work on Alternatives, Lost Coast Outpost (March 8, 2023), at https://lostcoastoutpost.com/2023/mar/8/humboldt-county-cannabis-farmers-blast- (footnote continued on next page)
Steve Madrone, Chair, and Members
John Ford, Planning Director
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The Analysis and accompanying statements made at the March 7 Board of Supervisors meeting are not neutral and fair presentations of relevant facts. Rather, they appear intended to influence and undercut public support for the Initiative—in other words, to take part in the political campaign surrounding the Initiative in advance of the March 2024 election. Accordingly, any efforts or expenditures made by the County to disseminate the Analysis or its flawed conclusions could violate the Political Reform Act.

The Supreme Court has long recognized that spending public funds on informational materials that fail to provide fair and accurate information about a proposed ballot measure can constitute impermissible political advocacy. Materials prepared at public expense must be limited to “fair presentation” of “all relevant facts” and cannot be used “to promote a partisan position in an election campaign.” (Stanson v. Mott (1976) 17 Cal.3d 206, 209-10, 220.) Materials of this nature can cross the line even where they do not use words of express advocacy. (Id.; see also Vargas v. City of Salinas (2009) 46 Cal.4th 1, 40 [“argumentative or inflammatory rhetoric” in informational materials prepared by a public agency is an indicator of improper and unconstitutional advocacy].) Fair Political Practices Commission (“FPPC”) regulations and advice letters reflect these same limitations by imposing reporting and disclosure requirements for any “payment of public moneys” by local agencies that are “made in connection with a communication to the public that … taken as a whole and in context, unambiguously urges a particular result in an election.” (Cal. Code Regs., tit. 2, § 18420.1(a).) “A communication unambiguously urges a particular result in an election if … [w]hen considering the style, tenor, and timing of the communication, it can be reasonably characterized as campaign material and is not a fair presentation of facts serving only an informational purpose.” (Id., § 18420.1(b) (emphasis added).) “[P]ayments of public moneys” encompass both direct and indirect expenditures; indirect expenditures include “payments for the salary, expenses, or fees of the agency’s employees, agents, vendors, and consultants.” (Id., 18420.1(c).)
As discussed in detail above, the Analysis does not fairly present all relevant facts.

Rather, it contains numerous statements of opinion, advances interpretations of the Initiative that run counter to its purpose, and generally casts the Initiative in the most negative light possible. Moreover, the style and tenor of the Analysis are predominantly misleading/. At the same meeting, Planning Director Ford stated that “[Permit holders] could not install new water tanks, they could not install the solar facilities; a lot of potential environmental enhancements would not be able to be installed [under this initiative].” Id.

Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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argumentative. For example, a good portion of the Analysis is devoted to arguing with the Initiative’s findings, claiming that the Initiative is unnecessary because the County is already doing a good job of regulating cannabis cultivation. (Analysis at 3-4 [claiming “Permitting Success”], 7-10 [disputing findings].) The Analysis also indulges in inflammatory rhetoric, claiming that assertions in the Initiative’s findings are “misleading or false.” (Analysis at 2.) Again, as discussed above, the only purportedly “false” statements the Analysis identifies are not statements in the Initiative, but rather the County’s own negative inferences and mischaracterizations. Finally, the Analysis offers extreme interpretations of the Initiative that run counter to the Initiative’s express purposes.

Therefore, taking into account “the style, tenor, and timing” of the Analysis, the County’s use of public funds to disseminate the report or its inaccurate conclusions could constitute an “independent expenditure” under Government Code section 82031, triggering the reporting and disclosure requirements set forth in Government Code section 85500. Failure to comply with these reporting and disclosure requirements would violate the Political Reform Act.

XI. Conclusion
The Initiative’s proponents understand that these are difficult times economically for legal cultivators in Humboldt County. Indeed, the Analysis itself acknowledges that factors other than local regulation are the primary cause of cultivators’ difficulties:
“Small cultivators have found it increasingly difficult to sell their product for what it costs to produce. This is partly due to oversupply at the state level and control over who has shelf space at the retail level.” (Analysis at 3.) The Analysis also concedes that Humboldt cultivators “are competing in a state-wide market which is producing more cannabis than the market can currently absorb. This is not a Humboldt County exclusive issue.” (Analysis at 7.)
The conclusions in the Analysis may well have been influenced or motivated by these economic concerns. However understandable those concerns may be, the pervasive misstatements, mischaracterizations, and misinterpretations of the Initiative advanced in the Analysis create a strong impression that the Analysis was not intended to provide neutral, balanced factual information to the public, but rather to influence public opinion on a ballot measure that will soon come before the County’s voters.

We therefore respectfully request that the County either withdraw the Analysis or promptly correct the errors therein and refrain from using any public resources to further Steve Madrone, Chair, and Members
John Ford, Planning Director
April 20, 2023

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disseminate its inaccurate conclusions.

Very truly yours,

SHUTE, MIHALY & WEINBERGER LLP
Kevin P. Bundy
cc: Kathy Hayes, Clerk of the Board (via email: [email protected]) Scott A. Miles, Interim County Counsel (via email:
[email protected])
1627410.3
621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID 851 4068 6313 Password 346398
We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

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

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

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

2. PRESENTATIONS / PROCLAMATIONS
a. National Mentoring Month Proclamation
Minutes:

Council Member Losey read and presented the proclamation to Florence Parks, Executive Director of Big Brothers Big Sisters of America.
b. Introduction of Street Maintenance Worker II, Brandon Craig Minutes:

General Services Superintendent Bob Natt introduced new Street Maintenance Worker II, Brandon Craig.
c. Introduction of Utility Worker II, Daniel Rockholt
Minutes:

Introduction to be done at a future meeting.

Regular Meeting Agenda
Minutes
Tuesday, January 16, 2024 at 6:00 pm
d. Police Department Quarterly Report
Minutes:

Lieutenant Eberhardt presented the Police Department's quarterly report. e. Fire Department Quarterly Report
Minutes:

Fire Chief Rus Brown presented the Fire Department's quarterly report.

3. ORAL COMMENTS FROM THE PUBLIC
Minutes:

Public Works Director, Brendan Byrd, gave Storm Event update. There being no additional public comments, Mayor Trent closed the Oral Comment section.

4. CONSENT CALENDAR
Minutes:

PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section. Mayor Trent pulled item F, informed public of K9 Fundraiser Drive-By Lasagna event, Thursday at the Veteran's Building. Mayor Trent pulled item J., thanked and welcomed new Board/Commission Members. Council Member Losey moved, seconded by Mayor Pro Tem Johnson to approve Consent Calendar items a - p. 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 – December 18, 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. Council Review and Approval of Commission/Committee Applications and Mayor's Appointment of Seats
k. Approve Selection of Community Development Director
l. Approval of Memorandum of Understanding Between City of Fortuna and Fortuna Union High School District for Shared Facility Use
m. Approve the City of Fortuna's Cash Handling Policy
n. Certify the City of Fortuna's Six-Year Sewer System Management Plan o. Authorize City Manager to Submit Individual Grant Applications for Regional Early Action Planning Grant Programs for which the City of Fortuna is Eligible; Resolution 2024-01
p. Appoint Real Property Negotiator for the City of Fortuna Concerning the Real Property Located at 624 Main Street, Fortuna CA

5. CITY COUNCIL BUSINESS
a. Second Reading and Adoption of Ordinance 2024-765, Amending Chapter 8.16 of the Fortuna Municipal Code to Provide for Revised Nuisance Regulation and Abatement Minutes:

STAFF REPORT: City Manager Merritt Perry provided staff report on Ordinance 2024-765, Amending Chapter 8.16 of the Fortuna Municipal Code to provide for revised nuisance regulation and abatement. PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Pro Tem Johnson to adopt Ordinance 2024-765, "An Ordinance of the City Council of the City of Fortuna Amending Chapter 8.16 of the Fortuna Municipal Code to Provide for Revised Nuisance Regulation and Abatement and Determining the Ordinance to be Exempt From CEQA", read by title only. Roll Call Vote.

AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 b. Second Reading and Adoption of Ordinance 2024-766, Adding Chapter 9.05 to Article 9 of the Fortuna Municipal Code to Adopt Social Host Regulations Minutes:

STAFF REPORT: City Manager Merritt Perry provided staff report on Ordinance 2024-766, Adding Chapter 9.05 to Article 9 of the Fortuna Municipal Code to Adopt Social Host Regulations. PUBLIC COMMENTS: Community Member Lisa Oliva spoke in support of this ordinance. There being no additional public comments, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Council Member Losey to adopt Ordinance 2024-766, "an Ordinance of the City Council of the City of Fortuna Adding Chapter 9.05 to Article 9 of the Fortuna Municipal Code to Adopt Social Host Regulations and Determining the Ordinance to be Exempt from CEQA", read by title only. Roll Call Vote. AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED:
5/0
c. Introduction and First Reading of Ordinance 2024-767, Amending Title 15 of the City of Fortuna Municipal Code by Streamlining the Permit Process for Electric Vehicle Charging Stations
Minutes:

STAFF REPORT: City Manager Merritt Perry provided staff report on Ordinance 2024-767, Amending title 15 of the City of Fortuna Municipal code by streamlining the permit process for electric vehicle charging stations. 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 Mobley to adopt Ordinance 2024-767, "An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.65 to Article 15 of the Fortuna Municipal Code to Provide Procedures for Expediting Permitting Processing for Electric Vehicle Charging Systems and Determining the Ordinance to be Exempt from CEQA", read by title only and continue the Public Hearing to Monday February 5, 2024 for the second reading. Roll Call Vote. AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0
d. Introduction and First Reading of Ordinance 2024-768, Amending Title 15 of the City of Fortuna Municipal Code by Streamlining the Permit Process for Small Residential Rooftop Solar Energy Systems
Minutes:

STAFF REPORT: City Manager Merritt Perry provided staff report on Ordinance 2024-768, Amending title 15 of the City of Fortuna Municipal code by streamlining the permit process for small residential rooftop solar energy systems. PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Mobley to adopt Ordinance 2024-768, "An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.67 to Article 15 of the Fortuna Municipal Code to Provide for Expediting Permitting Processing for Small Residential Rooftop Solar Systems and Determining the Ordinance to be Exempt from CEQA.", read by title only and continue the Public Hearing to Monday February 5, 2024 for the second reading. Roll Call Vote. AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN:

None ABSENT: None MOTION CARRIED: 5/0

6. CITY MANAGER’S REPORT
Minutes:

City Manager Merritt Perry provided a verbal report.

7. FUTURE AGENDA ITEMS
Minutes:

Mayor Trent requested a revision to the Fortuna Municipal Code regarding Temporary Signs.

Council Member Losey requested a presentation from Mark Thurmond, Author of Measure A.

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

9. ADJOURN TO CLOSED SESSION
Minutes:

Mayor Pro Tem Johnson moved, seconded by Council Member Losey to adjourn to closed session at 7:16 p.m. Voice vote. MOTION CARRIED 5/0
a. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Employee Organizations: Fortuna Police Employees Association, Fortuna Employees Association, and the Unrepresented/Management group in accordance with Section 54957.6 of the Government Code.
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Section 54956.8 of the Government Code; Vacant Land at 624 Main Street, Fortuna CA; Negotiating Parties: City Manager Merritt Perry for the City of Fortuna and Ray Chisum as Negotiating Parties; Under Negotiation: Price and Terms of payment.

10. ADJOURN
Minutes:

CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Mayor Trent to adjourn the meeting at 7:53 pm. MOTION CARRIED 5/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) 621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID: 886 8156 6795 Password:
745088
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 9:04 a.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:

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

3. DISCUSSION ITEM
a. Fiscal Year (FY) 2023-24 Mid-Year Budget Review
Minutes:

Finance Director, Aaron Felmlee gave presentation on the 2023-24 Mid-Year Budget Review. PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section.

4. ADJOURN TO CLOSED SESSION
Minutes:

CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member Losey Special Budget Workshop
Minutes
Monday, January 29, 2024 at 9:00 am
to adjourn to closed session at 9:24 a.m. Voice Vote. MOTION CARRIED 5/0 a. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Employee Organizations: Fortuna Police Employees Association, Fortuna Employees Association, and the Unrepresented/Management group in accordance with Section 54957.6 of the Government Code.

5. ADJOURN
Minutes:

CITY COUNCIL ACTION: Mayor Pro Tem Johnson moved, seconded by Council Member Losey to adjourn the meeting at 10:09 a.m. Voice Vote. MOTION CARRIED 5/0 Consent Item 5c

STAFF REPORT
Consent Agenda Item
DATE: February 5, 2024
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for January 17, January 26, and January 31, 2024 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:

January 17, 2024 $ 110,459.81
January 26, 2024 $ 122,410.40
January 31, 2024 $ 54,402.60
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for January 17, 2024
 Disbursements Detail Report for January 26, 2024
 Disbursements Detail Report for January 31, 2024
Amount
78422 01/17/2024 MISSION LINEN INDUS SERV 520779112 Wastewater Linen Service 99.85 1/17/2024 2:12:09 PM Page 1 of 5
78422 01/17/2024 MISSION LINEN INDUS SERV 520755950 Janitorial Supplies - Shop 57.61 78422 01/17/2024 MISSION LINEN INDUS SERV 520779111 Corp Yard Linen Service 66.92 78422 01/17/2024 MISSION LINEN INDUS SERV 520779111 Corp Yard Linen Service 47.58 78419 01/17/2024 HUMMEL TIRE & WHEEL 274416 Tires - PD 676.39 78420 01/17/2024 LEAGUE OF CALIF CITIES INV-11966-N3N5T0 Annual Membership Dues 6742 78421 01/17/2024 MERCER FRASER COMPANY 111697 Aggregate Base 686.94 78417 01/17/2024 HORIZON BUSINESS PRODUCTS 271078 Shipping Service - PD 12.78 78418 01/17/2024 HUMBOLDT SPONSORS 121223 River Lodge Deposit Refund Less Linen Cost -136 78418 01/17/2024 HUMBOLDT SPONSORS 121223 River Lodge Deposit Refund Less Linen Cost 250 78416 01/17/2024 HILFIKER PIPE COMPANY 97039 Manhole Base/Cover 1283.25 78417 01/17/2024 HORIZON BUSINESS PRODUCTS 270971 Pens/Folders - Lab 53.96 78417 01/17/2024 HORIZON BUSINESS PRODUCTS 271054 Lamination Service - General Services 8.14 78415 01/17/2024 HELIX LABORATORIES INC 91068 Magnesium Hydroxide FY 23/24 8110.38 78415 01/17/2024 HELIX LABORATORIES INC 91080 Magnesium Hydroxide Tank, Mixer & Feed-pump - WWTP 52421.55 78415 01/17/2024 HELIX LABORATORIES INC 91097 Magnesium Hydroxide FY 23/24 6340.47 78413 01/17/2024 GRAINGER 9952467653 Cordless Grease Gun/Gate Valve - WWTP 637.21 78414 01/17/2024 GROCERY OUTLET 010824 Catering Supplies - River Lodge 6.49 78414 01/17/2024 GROCERY OUTLET 011024 Playgroup Snacks - Parks 12.76 78411 01/17/2024 FORTUNA ACE HARDWARE 370832 Pavilion Repair Supplies - Parks 58.12 78411 01/17/2024 FORTUNA ACE HARDWARE 370877 Pavilion Repair Supplies - Parks 28.58 78412 01/17/2024 GHD INC 380-0044303 Kenmar/101 Interchange Improvement Project6839.57 78411 01/17/2024 FORTUNA ACE HARDWARE 370653 Weeding Tools - Parks 71.57 78411 01/17/2024 FORTUNA ACE HARDWARE 370770 Cleaning Supplies - Parks 67.35 78411 01/17/2024 FORTUNA ACE HARDWARE 370802 Supplies - WWTP 247.53 78410 01/17/2024 DIVISION OF THE STATE ARCHITECT 123123 4th Quarter Ending 12.31.23 SB1186 404 78410 01/17/2024 DIVISION OF THE STATE ARCHITECT 123123 4th Quarter Ending 12.31.23 SB1186 -363.6 78411 01/17/2024 FORTUNA ACE HARDWARE 370595 Pedestrian Sign Repair - Streets 18.42 78407 01/17/2024 CC CATERING 668951 Catering - River Lodge 61.2 78408 01/17/2024 COUNTY OF HUMB PLANNING & BUILDINGPLI24-0076 Home Monitoring (Fortuna Family) 103.75 78409 01/17/2024 CWEA 010924 Lab Analyst Testing Application - M Rogers 192 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 390.05 78405 01/17/2024 BERREY, SAMUEL 110623 Per Diem 1.29 - 1.30 (Grade 1 WWTPO Cert Test) 79 78406 01/17/2024 BOBCAT OF EUREKA 03-87374 Equipment Maintenance - WWTP 802.75 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 4.51 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 45.07 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 301.84 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 406.76 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 1046.24 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 170.62 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 90.14 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 27.04 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 91.91 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 25.05 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 185.16 78404 01/17/2024 AT&T MOBILITY X01092024 January Cellular Service 1250.84 78403 01/17/2024 AT&T 9011 21080228 9391061228 77.44
78403 01/17/2024 AT&T 9011 21080228 9391061228 77.44
78403 01/17/2024 AT&T 9011 21087302 9391064205 284.97
78401 01/17/2024 ALLEN ATELIER 1 Monday Club Chimney Repair Deposit 1500 78402 01/17/2024 AT&T 5025 01240893 234841089305031 31.57 78403 01/17/2024 AT&T 9011 21080227 9391061226 154.88
Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 1/17/2024 - 1/17/2024
Payment Number Payment Date Vendor Name Payable Number Description (Item) 78400 01/17/2024 ACCESS HUMBOLDT 2067 Franchise Fees FY 23/24 1057.5 78400 01/17/2024 ACCESS HUMBOLDT 2077 City Council Televised Meetings FY 23/24 194.6 Amount
78437 01/17/2024 SPORT & CYCLE 229024 Rain Gear - Utilities 130.19 78438 01/17/2024 STAPLES BUSINESS CREDIT 7622870914 Calendar - Kennel 12.47 1/17/2024 2:12:09 PM Page 2 of 5
78435 01/17/2024 RON DUPRATT FORD 456781 Fuel Tank Assembly - Utilities 1571.29 78435 01/17/2024 RON DUPRATT FORD 458228 Vehicle Repair - General Services 92.15 78436 01/17/2024 SCOTTY'S CUTTERS EDGE 155719 Supplies - Parks 15.18 78433 01/17/2024 RAY'S FOOD PLACE 1729861 Winter Break Program Snacks - Recreation 14.36 78434 01/17/2024 RECOLOGY EEL RIVER 647260 Debris Disposal 44.8 78434 01/17/2024 RECOLOGY EEL RIVER 648006 Debris Disposal 44.8 78432 01/17/2024 QUENCH USA INC INV06802131 Public Works Water System FY 23/24 21.16 78432 01/17/2024 QUENCH USA INC INV06802131 Public Works Water System FY 23/24 21.16 78432 01/17/2024 QUENCH USA INC INV06802131 Public Works Water System FY 23/24 42.32 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12239457 99509569457 51.27 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12239507 47733469507 902.49 78432 01/17/2024 QUENCH USA INC INV06801972 Parks Water System FY 23/24 42.32 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12237872 67125257872 47.05 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12238379 51382078379 407.51 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12239363 48780729363 22.36 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12235729 75033105729 405.08 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12236230 40689526230 406.14 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12236485 44193066485 19.51 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12234082 45966674082 19.84 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12235020 63983385020 86.23 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12235127 43154195127 86.32 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12233473 69711643473 1438.6 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12233994 28883393994 46.09 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12234050 33381924050 78.99 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12232728 48364062728 10.51 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12232970 93570722970 76.21 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12233045 45859733045 132.56 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12231965 88771941965 18.71 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12232034 98154202034 470.83 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12232501 10129392501 225.9 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12230729 95900010729 92.05 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12230906 78346610906 59.41 78430 01/17/2024 PACIFIC GAS & ELECTRIC CO 12231200 81934311200 97.94 78428 01/17/2024 O'REILLY AUTOMOTIVE STORE 219201 Vehicle Repair - PD 16.25 78428 01/17/2024 O'REILLY AUTOMOTIVE STORE 219214 Washer Pump - PD 44.58 78429 01/17/2024 PACE SUPPLY CORP 29049537-5 Meter Supplies - Utilities 488.25 78428 01/17/2024 O'REILLY AUTOMOTIVE STORE 218051 Battery Core Return -40 78428 01/17/2024 O'REILLY AUTOMOTIVE STORE 218051 Battery Core Return -40 78428 01/17/2024 O'REILLY AUTOMOTIVE STORE 219189 Battery - Parks 165.84 78427 01/17/2024 NORTH COAST LABORATORIES 174253 Lab Testing 755 78428 01/17/2024 O'REILLY AUTOMOTIVE STORE 217955 Evap Canister - General Services 192.95 78428 01/17/2024 O'REILLY AUTOMOTIVE STORE 218051 Battery Core Return -40 78426 01/17/2024 NORTH COAST JOURNAL 2023122358 Public Hearing Notice - 9th Street 126 78426 01/17/2024 NORTH COAST JOURNAL 2024123242 Public Notice - Ordinance 15.67 90 78426 01/17/2024 NORTH COAST JOURNAL 2024123243 Public Notice - Ordinance 15.65 90 78424 01/17/2024 NORMAN'S DRY CLEANERS 81707 River Lodge Linen Service 5.95 78424 01/17/2024 NORMAN'S DRY CLEANERS 81707 River Lodge Linen Service 46.5 78425 01/17/2024 NORTH COAST EVENTS & RENTALS 2154 River Lodge Linen Service 136.08 78423 01/17/2024 NAPA AUTO PARTS FORTUNA 54463 Battery - Utilities Camera Trailer 113.26 78423 01/17/2024 NAPA AUTO PARTS FORTUNA 54566 Supplies - WWTP 55.31 78423 01/17/2024 NAPA AUTO PARTS FORTUNA 54572 Batteries/Connector - Home Ave Generator 400.13 78423 01/17/2024 NAPA AUTO PARTS FORTUNA 54227 Fuel Filter - General Services 20.5 78423 01/17/2024 NAPA AUTO PARTS FORTUNA 54278 Supplies - WWTP 214.05 78423 01/17/2024 NAPA AUTO PARTS FORTUNA 54347 Equipment Maintenance - WWTP 31.24 78422 01/17/2024 MISSION LINEN INDUS SERV 520798650 Police Mat Service FY 23/24 41.96 78422 01/17/2024 MISSION LINEN INDUS SERV 520807075 River Lodge Linen Service/Janitorial Supplies 86.91 78422 01/17/2024 MISSION LINEN INDUS SERV 520807075 River Lodge Linen Service/Janitorial Supplies 143.94 Expense Approval Report Payment Dates: 1/17/2024 - 1/17/2024 Payment Number Payment Date Vendor Name Payable Number Description (Item) 78422 01/17/2024 MISSION LINEN INDUS SERV 520779121 Parks/Rink Linen Service 80.94 Amount
78444 01/17/2024 WHITCHURCH ENGINEERING COF-245353 Drafting Service - Police Facility Project 180 Grand Total: 110459.81
1/17/2024 2:12:09 PM Page 3 of 5
78443 01/17/2024 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 24-750875 Bulk Motor Oil 151.1 78443 01/17/2024 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 24-750875 Bulk Motor Oil 151.1 78443 01/17/2024 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 24-750875 Bulk Motor Oil 151.08 78442 01/17/2024 USABLUEBOOK INV00232261 PH Buffer - Lab 358.49 78443 01/17/2024 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 24-750875 Bulk Motor Oil 151.1 78443 01/17/2024 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 24-750875 Bulk Motor Oil 151.1 78441 01/17/2024 TRACTOR SUPPLY CREDIT PLA 793928 Kennel Supplies 16.26 78441 01/17/2024 TRACTOR SUPPLY CREDIT PLA 794064 Kennel Supplies 25.79 78441 01/17/2024 TRACTOR SUPPLY CREDIT PLA 794115 Kennel Supplies 40.12 78440 01/17/2024 TIMES PRINTING COMPANY 23-31667 Utility Billing Window Envelopes 348.17 78441 01/17/2024 TRACTOR SUPPLY CREDIT PLA 532027 Muck Boots - Utilities 206.14 78441 01/17/2024 TRACTOR SUPPLY CREDIT PLA 792788 Kennel Supplies 21.69 Payment Number Payment Date Vendor Name Payable Number Description (Item) 78439 01/17/2024 THRIFTY SUPPLY CO 1026849-01 Check Valve Replacements - Drake Hill Pump 4277.9 78440 01/17/2024 TIMES PRINTING COMPANY 23-31667 Utility Billing Window Envelopes 348.18 Expense Approval Report Payment Dates: 1/17/2024 - 1/17/2024 160-2222 River Lodge Deposits 250
160-5540-5800 Catering - Food 6.49
1/17/2024 2:12:09 PM Page 4 of 5
101-6025-9104 Professional Services 180
120-6205-3000 Cell Phones 170.62
120-6300-3100 Advertising 306
125-2470 SB 1186 State Architect 404
125-4081 SB 1186 Disability Access -363.6
160-1175 A/R River Lodge -136
100-6505-5450 Utility - General & Electric 524.7
100-7015-1400 Dues & Subscriptions 6742
100-7015-2000 Dues & Subscriptions 41.96
100-7221-5400 School Recreation Program 14.36
100-7616-1000 Televised Meetings 194.6
101-5500-9373 Department Supplies 1283.25
100-6205-4000 Cell Phones 27.04
100-6205-4100 Cell Phones 91.91
100-6205-5450 Cell Phones 406.76
100-6210-2000 Internet Service 1046.24
100-6220-2000 CLETS Service 284.97
100-6505-2000 Utility - General & Electric 1438.6
100-5900-5450 Tools & Small Equipment 71.57
100-6036-1400 Franchise Fees 1057.5
100-6205-1100 Cell Phones 25.05
100-6205-1500 Cell Phones 185.16
100-6205-2000 Cell Phones 1250.84
100-6205-3200 Cell Phones 90.14
100-5565-5450 Janitorial Supplies 148.29
100-5715-2000 Vehicle Repairs 848.32
100-5715-4100 Vehicle Repairs 305.6
100-5715-5450 Vehicle Repairs 276.94
100-5720-4100 Equipment Repair 111.1
100-5743-5450 Pavilion Maintenance 86.7
100-1684 Distributed Telephone 77.44
100-5500-2000 Department Supplies 12.78
100-5500-2800 Department Supplies 116.33
100-5500-4100 Department Supplies 198.63
100-5500-5400 Department Supplies 12.76
100-5500-5450 Department Supplies 57.5
280 - Gas Tax Fund 313.35
500 - Water Fund 9173.86
550 - Wastewater Fund 73346.52
670 - Rancho Bueno Vista Fund 46.09
671 - Kenwood Meadows Fund 76.21
677 - Astor Sewer District Fund 78.99
Grand Total: 110459.81
Account Summary
Account NumberAccount Name Payment Amount
100 - General Fund 15745.79
101 - Transaction and Use Tax Fund 1463.25
120 - Development & Building Fund 476.62
125 - ADA Compliance Fund 40.4
160 - Riverlodge Fund 2665.54
210 - Solid Waste Fund 44.8
230 - 2001 Home Grant Fund 103.75
250 - FBID Fund 45.07
270 - STIP/TEA Fund 6839.57
Expense Approval Report Payment Dates: 1/17/2024 - 1/17/2024 Report Summary
Fund Summary
Fund Payment Amount
671-6505-6510 Utility - General & Electric 76.21
677-6505-6526 Utility - General & Electric 78.99
Grand Total: 110459.81
Project Account Summary
Project Account Key Payment Amount
**None** 110459.81
Grand Total: 110459.81
1/17/2024 2:12:09 PM Page 5 of 5
550-6205-6700 Cell Phones 390.05
550-6505-6600 Utility - General & Electric 110.68
550-7000-6600 Travel, Conferences & Training 79
550-7012-6600 Certification 192
550-8000-6600 Capital Outlay 52421.55
670-6505-6505 Utility - General & Electric 46.09
550-5557-6600 Lab Supplies 412.45
550-5715-6500 Vehicle Repairs 1571.29
550-5720-6500 Equipment Repair 151.08
550-5720-6600 Equipment Repair 833.99
550-6045-6600 Laboratory Services 755
550-6200-6500 Telephone 77.44
500-6205-6300 Cell Phones 301.84
500-6505-6000 Utility - General & Electric 2226.32
550-5500-6500 Department Supplies 449.59
550-5500-6600 Department Supplies 1061.06
550-5500-6700 Department Supplies 390.49
550-5555-6600 Plant Chemicals 14450.85
500-5500-6100 Department Supplies 535.83
500-5500-6300 Department Supplies 348.18
500-5520-6100 Base Materials 686.94
500-5715-6100 Vehicle Repairs 151.1
500-5720-6000 Equipment Repair 4678.03
500-6200-6100 Telephone 31.57
230-6020-7150 Legal Services 103.75
250-6205-1800 Cell Phones 45.07
270-6005-9978 Engineering Services 6839.57
280-5500-4200 Department Supplies 18.42
280-6505-4200 Utility - General & Electric 294.93
500-5500-6000 Department Supplies 214.05
160-5565-5800 Janitorial Supplies 190.44
160-5740-5700 Building Repair and Maintenance 1500
160-6200-5800 Telephone 154.88
160-6205-5800 Cell Phones 4.51
160-6505-5700 Utility - General & Electric 405.08
210-5752-5300 Illegal Dumping 44.8
Expense Approval Report Payment Dates: 1/17/2024 - 1/17/2024 Account Summary
Account NumberAccount Name Payment Amount
160-5547-5800 User Group Linen 290.14
Amount
78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 46.21 1/26/2024 8:51:55 AM Page 1 of 5
78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 1724.62 78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 369.72 78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 369.72 78475 01/26/2024 NORTH COAST JOURNAL 2024122356 Treatment Plant Operator Recruitment Advertising 73 78475 01/26/2024 NORTH COAST JOURNAL 2024122356 Treatment Plant Operator Recruitment Advertising 73 78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 1062.94 78473 01/26/2024 NAPA AUTO PARTS FORTUNA 52826 Oil Filter - PD 10.21 78474 01/26/2024 NCL OF WISCONSIN INC 497944 Lab Supplies -24.88 78474 01/26/2024 NCL OF WISCONSIN INC 497944 Lab Supplies 341.76 78471 01/26/2024 MISSION LINEN INDUS SERV 520828499 Parks/Rink Linen Service 76.89 78471 01/26/2024 MISSION LINEN INDUS SERV 520869846 Janitorial Supplies - Parks 465.47 78472 01/26/2024 MORA, SARA 010924 Monday Club Deposit Refund 250 78471 01/26/2024 MISSION LINEN INDUS SERV 520828488 Corp Yard Linen Service 66.74 78471 01/26/2024 MISSION LINEN INDUS SERV 520828488 Corp Yard Linen Service 47.4 78471 01/26/2024 MISSION LINEN INDUS SERV 520828489 Wastewater Linen Service 79.74 78469 01/26/2024 MAD RIVER COMMUNITY HOSPITAL A0141100 Stevens Pre-employment Physical 288.56 78469 01/26/2024 MAD RIVER COMMUNITY HOSPITAL A0141100 Stevens Pre-employment Physical 64.13 78470 01/26/2024 MENDOCINO CO BLACKTAIL ASSOC 011624 River Lodge Deposit Refund 1000 78467 01/26/2024 KEENAN SUPPLY CO S013323693 PVC Pipe - Carson Woods Project 24808.47 78468 01/26/2024 LACO ASSOCIATES 52713 RCRPD Assessment Dist Formation Plan Service2513.75 78469 01/26/2024 MAD RIVER COMMUNITY HOSPITAL A0141100 Stevens Pre-employment Physical 288.56 78465 01/26/2024 HORIZON BUSINESS PRODUCTS 269799 Zipper Pouches - WWTP 28.56 78465 01/26/2024 HORIZON BUSINESS PRODUCTS 270747 Shipping Service - WWTP 11.47 78466 01/26/2024 HUMMEL TIRE & WHEEL 274441 Flat Repair - General Services 111.39 78462 01/26/2024 GROCERY OUTLET 011624 Playgroup Snacks - Parks 9.98 78463 01/26/2024 HDL, COREN & CONE SIN035295 Property Tax Service FY 23/24 1816.3 78464 01/26/2024 HENSELL MATERIALS 648708 Sandbags - Parks 147.5 78459 01/26/2024 GARCIA, JESUS 010924 Monday Club Deposit Refund 250 78460 01/26/2024 GHD INC 380-0044392 Mill Creek Habitat Connectivity Project 54244.42 78461 01/26/2024 GRAINGER 9956261656 Pressure Gauge - WWTP 46.99 78457 01/26/2024 FRESHWATER ENVIRONMENTAL 1861 SSMP Update Service 559 78458 01/26/2024 FRIENDS OF THE FORTUNA LIBRARY 011624 Annual Meeting Tickets - Trent/Perry 16 78458 01/26/2024 FRIENDS OF THE FORTUNA LIBRARY 011624 Annual Meeting Tickets - Trent/Perry 16 78455 01/26/2024 FORTUNA ACE HARDWARE 370989 TSP Cleaner - Parks 26.02 78455 01/26/2024 FORTUNA ACE HARDWARE 371096 Paint Supplies - Pavilion 140.94 78456 01/26/2024 FREEDOM FUEL 28426 Propane - WWTP 17.77 78455 01/26/2024 FORTUNA ACE HARDWARE 370865 Supplies - WWTP 54.42 78455 01/26/2024 FORTUNA ACE HARDWARE 370924 Shop Light Repair Supplies 97.64 78455 01/26/2024 FORTUNA ACE HARDWARE 370952 Gas Can/Batteries - Utilities 258.22 78453 01/26/2024 ELLENA, MAKAYLA 010924 Monday Club Deposit Refund 250 78454 01/26/2024 EUREKA RUBBER STAMP A37519 Council Chambers Name Plate - A Chambers 9.21 78454 01/26/2024 EUREKA RUBBER STAMP A37519 Council Chambers Name Plate - A Chambers 9.21 78451 01/26/2024 DEPT OF CONSERVATION DIV OF ADMIN SRVS 123123 4th Quarter 2023 Seismic 574.18 78451 01/26/2024 DEPT OF CONSERVATION DIV OF ADMIN SRVS 123123 4th Quarter 2023 Seismic -28.76 78452 01/26/2024 ECO MEDICAL 22640 Medical Waste Disposal 91.35 78448 01/26/2024 CA BUILDING STANDARDS COMMISSION 123123 4th Quarter 2023 SB1473 -19 78449 01/26/2024 CSG CONSULTANTS 54866 Recology Draft Analysis Service 2300 78450 01/26/2024 DEPARTMENT OF JUSTICE 705959 December Livescan Service 619 78446 01/26/2024 BELL & ASSOCIATES INC 2024-03 SB 1383 Annual Reporting 1800 78447 01/26/2024 BICOASTAL MEDIA GROUP 18667-3 Advertising - FBID 495 78448 01/26/2024 CA BUILDING STANDARDS COMMISSION 123123 4th Quarter 2023 SB1473 194 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 1/26/2024 - 1/26/2024
Payment Number Payment Date Vendor Name Payable Number Description (Item) 78445 01/26/2024 AUSTRUS, BERGEN 122023 Monday Club Deposit Refund Less Rental Fee 50 78446 01/26/2024 BELL & ASSOCIATES INC 2023-97 SB 1383 Service 3792.5 Amount
78494 01/26/2024 US BANK EQUIPMENT FINANCE 520124504 Copier Lease FY 23/24 78.23 78494 01/26/2024 US BANK EQUIPMENT FINANCE 520124504 Copier Lease FY 23/24 61.22 1/26/2024 8:51:55 AM Page 2 of 5
78494 01/26/2024 US BANK EQUIPMENT FINANCE 519592711 MFP Lease FY 23/24 55.32 78494 01/26/2024 US BANK EQUIPMENT FINANCE 519592711 MFP Lease FY 23/24 55.32 78494 01/26/2024 US BANK EQUIPMENT FINANCE 520124504 Copier Lease FY 23/24 200.66 78494 01/26/2024 US BANK EQUIPMENT FINANCE 519592711 MFP Lease FY 23/24 18.44 78494 01/26/2024 US BANK EQUIPMENT FINANCE 519592711 MFP Lease FY 23/24 18.44 78494 01/26/2024 US BANK EQUIPMENT FINANCE 519592711 MFP Lease FY 23/24 18.44 78493 01/26/2024 UBEO BUSINESS SERVICES 4381470 Printer Services FY 23/24 203.49 78494 01/26/2024 US BANK EQUIPMENT FINANCE 519592711 MFP Lease FY 23/24 165.95 78494 01/26/2024 US BANK EQUIPMENT FINANCE 519592711 MFP Lease FY 23/24 129.08 78493 01/26/2024 UBEO BUSINESS SERVICES 4381470 Printer Services FY 23/24 67.83 78493 01/26/2024 UBEO BUSINESS SERVICES 4381470 Printer Services FY 23/24 67.83 78493 01/26/2024 UBEO BUSINESS SERVICES 4381470 Printer Services FY 23/24 203.49 78493 01/26/2024 UBEO BUSINESS SERVICES 4381470 Printer Services FY 23/24 610.46 78493 01/26/2024 UBEO BUSINESS SERVICES 4381470 Printer Services FY 23/24 474.8 78493 01/26/2024 UBEO BUSINESS SERVICES 4381470 Printer Services FY 23/24 67.83 78492 01/26/2024 TRACTOR SUPPLY CREDIT PLA 794358 Kennel Supplies 26.02 78492 01/26/2024 TRACTOR SUPPLY CREDIT PLA 794371 Muck Boots - Utilities 206.14 78492 01/26/2024 TRACTOR SUPPLY CREDIT PLA 795471 Kennel Supplies 48.8 78490 01/26/2024 STATE BOARD OF EQUALIZATION 123123 4th Quarter 2023 Sales Tax 33 78491 01/26/2024 STATEWIDE COLLECTION INC 11000000006 November Collection Services 67 78491 01/26/2024 STATEWIDE COLLECTION INC 11000000006 November Collection Services 67.01 78489 01/26/2024 STAPLES BUSINESS CREDIT 7624237878 Supplies - Finance 55.72 78490 01/26/2024 STATE BOARD OF EQUALIZATION 12312023 4th Quarter 2023 Use Tax 195 78490 01/26/2024 STATE BOARD OF EQUALIZATION 123123 4th Quarter 2023 Sales Tax 237 78487 01/26/2024 SCOTTY'S CUTTERS EDGE 155753 Nuts & Washers - Parks 23.85 78487 01/26/2024 SCOTTY'S CUTTERS EDGE 155812 Weedeater String - Parks 57.49 78488 01/26/2024 SPORT & CYCLE 229031 Waders - General Services 195.29 78484 01/26/2024 REGLI, SUSAN 010924 River Lodge Deposit Refund 1000 78485 01/26/2024 REMOTE SATELLITE SYSTEMS 126248 Police Satellite Phone Service FY 23/24 69.95 78486 01/26/2024 SCHUELTZLE, ANGELA 010924 Monday Club Deposit Refund 250 78482 01/26/2024 PLATT ELECTRIC SUPPLY 4S72829 Light Bulbs - Parks 179.29 78483 01/26/2024 RAO CONSTRUCTION CO INC 6 12th Street Integrated Sewer Project -250 78483 01/26/2024 RAO CONSTRUCTION CO INC 6 12th Street Integrated Sewer Project 5000 78479 01/26/2024 PACE SUPPLY CORP 29049537-6 Meter Supplies - Utilities 347.2 78480 01/26/2024 PACIFIC GAS & ELECTRIC CO 01246726 44469516726 5275.43 78481 01/26/2024 PAPE MACHINERY 14994692 Equipment Maintenance - Parks 277.27 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 220338 O2 Sensor - Parks 28.86 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 220339 Antifreeze - Utilities 78.05 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 220363 O2 Sensor - Parks 37.5 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219316 Wiper Blades - PD/Gen Srvs/Utilities 37.95 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219665 Vehicle Repair - PD/Utilities 201.67 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219665 Vehicle Repair - PD/Utilities 35.81 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219315 Wiper Blades Return - PD -154.86 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219316 Wiper Blades - PD/Gen Srvs/Utilities 37.95 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219316 Wiper Blades - PD/Gen Srvs/Utilities 37.95 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 215936 Vehicle Repair - Parks 1077.76 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219207 Core Return - Parks -22 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 219308 Wiper Blades - PD 154.86 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 212544 O2 Sensor Return - Parks -35.05 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 214830 Credit Return - Parks -339.88 78478 01/26/2024 O'REILLY AUTOMOTIVE STORE 215253 Wiper Blades - Transit 72.13 78477 01/26/2024 OPTIMUM 101184531 Fiber Optic Service FY 23/24 362.49 78477 01/26/2024 OPTIMUM 101184531 Fiber Optic Service FY 23/24 362.49 78477 01/26/2024 OPTIMUM 101184531 Fiber Optic Service FY 23/24 362.49 78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 323.5 78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 600.79 78477 01/26/2024 OPTIMUM 101184531 Fiber Optic Service FY 23/24 362.48 Expense Approval Report Payment Dates: 1/26/2024 - 1/26/2024 Payment Number Payment Date Vendor Name Payable Number Description (Item) 78476 01/26/2024 NYLEX.NET 14612 IT Services FY 23/24 323.5 Amount
Grand Total: 122410.43
1/26/2024 8:51:55 AM Page 3 of 5
Payment Number Payment Date Vendor Name Payable Number Description (Item) 78495 01/26/2024 USABLUEBOOK INV00233458 Lab Supplies 370.38 78496 01/26/2024 VARGAS, MARIBEL 011624 Monday Club Deposit Refund 250 Expense Approval Report Payment Dates: 1/26/2024 - 1/26/2024 100-7612-1000 Contingency 16
100-7612-1100 Contingency 16
101-6035-5400 Personnel Services 288.56
101-6035-5450 Personnel Services 288.56
110-6025-5450 Professional Services 2513.75
1/26/2024 8:51:55 AM Page 4 of 5
100-5775-5600 Network Support 46.21
100-6025-1400 Professional Services 1816.3
100-6210-1500 Internet Service 362.48
100-6210-2000 Internet Service 362.49
100-6625-2000 Livescan Fees 619
100-7015-2000 Dues & Subscriptions 69.95
100-5720-5450 Equipment Repair 277.27
100-5743-5450 Pavilion Maintenance 166.96
100-5775-1500 Network Support 1062.94
100-5775-2000 Network Support 1724.62
100-5775-4000 Network Support 369.72
100-5775-5400 Network Support 369.72
100-5705-4000 Equipment Maintenance 86.27
100-5705-5450 Equipment Maintenance 147.49
100-5715-2000 Vehicle Repairs 249.83
100-5715-4100 Vehicle Repairs 37.95
100-5715-5450 Vehicle Repairs 747.19
100-5720-4100 Equipment Repair 111.39
100-5500-4100 Department Supplies 262.03
100-5500-5400 Department Supplies 9.98
100-5500-5450 Department Supplies 260.63
100-5565-5450 Janitorial Supplies 542.36
100-5705-1500 Equipment Maintenance 977.07
100-5705-2000 Equipment Maintenance 682.11
100-2455 Calif Bldg - SB 1473 Fee 194
100-2460 Sales Tax Payable 170.12
100-5500-1150 Department Supplies 9.21
100-5500-1200 Department Supplies 55.72
100-5500-1600 Department Supplies 9.21
100-5500-2800 Department Supplies 74.82
500 - Water Fund 7069.04
510 - Water Capital Fund 24808.47
550 - Wastewater Fund 2901.41
560 - Wastewater Capital Fund 370.38
590 - TDA Transit Fund 136.26
Grand Total: 122410.4
Account Summary
Account Number Account Name Payment Amount
100-2450 Dept Conserv. - Seismic Fee 574.18
120 - Development & Building Fund -47.76
160 - Riverlodge Fund 3946.77
165 - Museum Exhibit Fund 33
200 - Storm Drainage Fund 147.5
210 - Solid Waste Fund 91.35
250 - FBID Fund 495
306 - Recycle-Parks 7892.5
350 - Capital Projects Fund 54244.42
352 - DWR-State Water Fund 4750
Expense Approval Report Payment Dates: 1/26/2024 - 1/26/2024 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 12481.22
101 - Transaction and Use Tax Fund 577.12
110 - Rohner Rec District Fund 2513.75
**None** 122410.4
Grand Total: 122410.4
1/26/2024 8:51:55 AM Page 5 of 5
550-7800-6700 Bad Debts 67.01
560-5500-0171 Department Supplies 370.38
590-5715-5000 Vehicle Repairs 72.13
590-6035-5000 Personnel Services 64.13
Grand Total: 122410.4
Project Account Summary
Project Account Key Payment Amount
550-5705-6700 Equipment Maintenance 258.81
550-5720-6600 Equipment Repair 11.47
550-5775-6700 Network Support 600.79
550-6025-6600 Professional Services 559
550-6035-6700 Personnel Services 73
550-6210-6700 Internet Service 362.49
500-6505-6000 Utility - General & Electric 5275.43
500-7800-6300 Bad Debts 67
510-6025-9124 Professional Services 24808.47
550-5500-6500 Department Supplies 492.92
550-5500-6600 Department Supplies 134.16
550-5557-6600 Lab Supplies 341.76
500-5705-6300 Equipment Maintenance 258.81
500-5715-6100 Vehicle Repairs 151.81
500-5740-6100 Building Repair and Maintenance 97.64
500-5775-6300 Network Support 323.5
500-6035-6300 Personnel Services 73
500-6210-6300 Internet Service 362.49
306-6020-5400 Legal Services 7892.5
350-6025-9123 Professional Services 54244.42
352-2030 Retention Payable -250
352-6005-9101 Engineering Services 5000
500-5500-6000 Department Supplies 46.99
500-5500-6100 Department Supplies 412.37
160-5705-5800 Equipment Maintenance 86.27
160-5775-5800 Network Support 323.5
165-4340 Museum Revenue 33
200-5500-4300 Department Supplies 147.5
210-5735-5300 Janitorial Services - HHW 91.35
250-5570-1800 Special Events 495
Expense Approval Report Payment Dates: 1/26/2024 - 1/26/2024 Account Summary
Account Number Account Name Payment Amount
120-4400 Building Permit And Inspection -47.76
160-2221 Monday Club Deposits 1300
160-2222 River Lodge Deposits 2000
160-4334 River Lodge Catering Services 237
Amount
1/31/2024 1:46:53 PM Page 1 of 4
78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220373 Credit Sensor Return -28.86 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220858 Pad/Boot/Bolt Kit - PD 81.9 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220368 Credit Core Returns - WWTP/PD/GS -46 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220368 Credit Core Returns - WWTP/PD/GS -64 78520 01/31/2024 NORTH COAST LABORATORIES 174456 Lab Testing 130 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220368 Credit Core Returns - WWTP/PD/GS -22 78519 01/31/2024 NORMAN'S DRY CLEANERS 81816 River Lodge Linen Service 17.85 78519 01/31/2024 NORMAN'S DRY CLEANERS 81816 River Lodge Linen Service 36 78517 01/31/2024 MITCHELL 1 IB30504958 Teamworks Software FY 23/24 68.63 78518 01/31/2024 NAPA AUTO PARTS FORTUNA 55061 Vehicle Repair - General Services 75.77 78517 01/31/2024 MITCHELL 1 IB30504958 Teamworks Software FY 23/24 68.63 78517 01/31/2024 MITCHELL 1 IB30504958 Teamworks Software FY 23/24 68.63 78516 01/31/2024 MISSION LINEN INDUS SERV 520909954 Trash Can Liners - River Lodge 34.12 78517 01/31/2024 MITCHELL 1 IB30504958 Teamworks Software FY 23/24 68.62 78516 01/31/2024 MISSION LINEN INDUS SERV 520889408 River Lodge Linen Service 17.09 78516 01/31/2024 MISSION LINEN INDUS SERV 520889408 River Lodge Linen Service 36.06 78516 01/31/2024 MISSION LINEN INDUS SERV 520870263 Janitorial Supplies - WWTP 57.61 78516 01/31/2024 MISSION LINEN INDUS SERV 520880804 Police Mat Service FY 23/24 41.96 78516 01/31/2024 MISSION LINEN INDUS SERV 520864007 Wastewater Linen Service 79.44 78516 01/31/2024 MISSION LINEN INDUS SERV 520864016 Parks/Rink Linen Service 86.69 78516 01/31/2024 MISSION LINEN INDUS SERV 520864006 Corp Yard Linen Service 66.92 78516 01/31/2024 MISSION LINEN INDUS SERV 520864006 Corp Yard Linen Service 47.58 78514 01/31/2024 LIEBERT CASSIDY WHITMORE 258095 Legal Services 1403 78515 01/31/2024 MENDES SUPPLY INC M256899 Skate Spray 99.13 78514 01/31/2024 LIEBERT CASSIDY WHITMORE 257637 Legal Services 807.5 78514 01/31/2024 LIEBERT CASSIDY WHITMORE 258081 Legal Services 1231.5 78512 01/31/2024 HUMBOLDT WASTE MNGMNT AUTHORITY 10297 Hazarous Waste Disposal 153.5 78513 01/31/2024 LACAL EQUIPMENT INC 404156-IN Sweeper Brooms 1604.86 78510 01/31/2024 GROCERY OUTLET 011924 Catering Supplies - River Lodge 27.81 78511 01/31/2024 HORIZON BUSINESS PRODUCTS 271377 Bridal Faire Color Copies 196.93 78508 01/31/2024 FREEDOM FUEL 28625 Propane - WWTP 26.45 78509 01/31/2024 GRAINGER 9971240784 Supplies - WWTP 386.39 78507 01/31/2024 FORTUNA ACE HARDWARE 371458 Floor Cleaner - Parks 65.06 78508 01/31/2024 FREEDOM FUEL 28598 Propane - General Services 28.94 78507 01/31/2024 FORTUNA ACE HARDWARE 371440 Pavilion Maintenance Supplies 155.99 78507 01/31/2024 FORTUNA ACE HARDWARE 371445 Wall Clock - Parks 32.53 78507 01/31/2024 FORTUNA ACE HARDWARE 371395 Janitorial/Recreation Supplies - Parks 28.21 78507 01/31/2024 FORTUNA ACE HARDWARE 371407 Kennel Supplies 21.69 78507 01/31/2024 FORTUNA ACE HARDWARE 371366 Extension Cord - Library 75.94 78507 01/31/2024 FORTUNA ACE HARDWARE 371395 Janitorial/Recreation Supplies - Parks 5.37 78507 01/31/2024 FORTUNA ACE HARDWARE 371315 Folding Table - WWTP 92.21 78507 01/31/2024 FORTUNA ACE HARDWARE 371331 Storage Totes - WWTP 97.63 78507 01/31/2024 FORTUNA ACE HARDWARE 371170 Paint Tape/Hooks - River Lodge Bridal Faire 29.27 78507 01/31/2024 FORTUNA ACE HARDWARE 371177 Pavilion Maintenance Supplies 52.01 78505 01/31/2024 DEB'S BARK AVENUE 4816 Grooming Service - K9 Blitz 85 78506 01/31/2024 EUREKA OXYGEN CO 490916 Hood Maintenance - River Lodge 435.54 78503 01/31/2024 CSMFO 300014711 Annual Dues - A Felmlee 135 78504 01/31/2024 DAN COLLINGS TREE SERVICE 1170 Tree Removal - Holman Tank 4000 78501 01/31/2024 BOBCAT OF EUREKA 03-79839 Poly Brushes - WWTP 802.75 78502 01/31/2024 CARRINGTON, AMY 012424 Per Diem 2.5 - 2.9 (Basic Crime Scene Inv) 85 78499 01/31/2024 AT&T 5014 01244494 320584494 134.56
78500 01/31/2024 BANDERA USA 15877 Poly Pipe - Failing Culvert Repair 2495.5 78497 01/31/2024 AQUA BEN CORPORATION 47147 Hydrofloc Supply FY 23/24 11529.21 78498 01/31/2024 ASBURY ENVIRONMENTAL SERVICESI500-01019601 Mixed Fuel Disposal 220 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 1/31/2024 - 1/31/2024
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
1/31/2024 1:46:53 PM Page 2 of 4
78536 01/31/2024 WOODS PEST CONTROL 1245650 River Lodge Pest Services FY 23/24 150 Grand Total: 54402.6
78536 01/31/2024 WOODS PEST CONTROL 1245549 CH/PD Pest Services FY 23/24 44 78536 01/31/2024 WOODS PEST CONTROL 1245549 CH/PD Pest Services FY 23/24 44 78534 01/31/2024 ULINE 172889828 Lab Supplies 24.22
78535 01/31/2024 WILDWOOD SAW 37993 Mower Battery - Parks 84.45 78532 01/31/2024 TOSTE, DAVID 012424 Claim Payment - Clothing Damage 458 78533 01/31/2024 TRACTOR SUPPLY CREDIT PLA 796502 Kennel Supplies 11.38 78530 01/31/2024 STAPLES BUSINESS CREDIT 7624789334 Office Supplies - City Hall 52.41 78531 01/31/2024 SUN RIDGE SYSTEMS, INC 7974 Body Camera Link/Software Install/Annual Support3200 78528 01/31/2024 SHRED AWARE 55918 Shredding Service - Finance 247.29 78529 01/31/2024 SSGFLW LLC 28347 AP Check Stock 227.54 78527 01/31/2024 SCOTTY'S CUTTERS EDGE 155880 Oil/Pull Cord - Parks 58.57 78527 01/31/2024 SCOTTY'S CUTTERS EDGE 155880 Oil/Pull Cord - Parks 7.05 78526 01/31/2024 RICHARDSON, RYAN 012424 Per Diem 2.5 - 2.9 (Basic Crime Scene Inv) 85 78527 01/31/2024 SCOTTY'S CUTTERS EDGE 155846 Oil - Parks 15.18 78525 01/31/2024 QUENCH USA INC INV06936960 Public Works Water System FY 23/24 42.32 78525 01/31/2024 QUENCH USA INC INV06937834 Parks Water System FY 23/24 42.32 78525 01/31/2024 QUENCH USA INC INV06936960 Public Works Water System FY 23/24 21.16 78525 01/31/2024 QUENCH USA INC INV06936960 Public Works Water System FY 23/24 21.16 78523 01/31/2024 PLATT ELECTRIC SUPPLY 4T40246 Supplies - Streets 22.33 78524 01/31/2024 PRIMOFIORE, JUSTIN 012424 Per Diem 2.4 - 2.7 (SLI Session #5) 243 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 504.06 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01245425 14914105425 2.36 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 10277.71 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 1483.55 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 206.25 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 3482.88 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 1669.24 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 350.26 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 3088.2 78522 01/31/2024 PACIFIC GAS & ELECTRIC CO 01240845 46580260845 291.23 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220949 Brake Rotar/Disc Pads - PD 293.55 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 221223 Vehicle Repair - PD 134.92 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220886 Wiper Blades - PD 32.53 78521 01/31/2024 O'REILLY AUTOMOTIVE STORE 220911 Bolt Kit - PD 17.36 Expense Approval Report Payment Dates: 1/31/2024 - 1/31/2024 Payment Number Payment Date Vendor Name Payable Number Description (Item) 500-5500-6000 Department Supplies 386.39
500-5500-6100 Department Supplies 47.58
1/31/2024 1:46:53 PM Page 3 of 4
280-5720-4200 Equipment Repair 1604.86
280-5726-4200 Street Light Maintenance 22.33
280-6505-4200 Utility - General & Electric 3482.88
160-5740-5800 Building Repair and Maintenance 150
160-6210-5700 Internet Service 134.56
210-5735-5300 Janitorial Services - HHW 153.5
160-5565-5800 Janitorial Supplies 106.18
160-5571-5800 Bridal Faire 254.01
160-5720-5800 Equipment Repair 435.54
101-5500-9373 Department Supplies 2495.5
105-5500-2850 Department Supplies 85
160-5547-5800 User Group Linen 34.94
100-7225-5400 Youth Sports League 28.21
100-7230-5400 Skating/Pavilion 99.13
100-8000-2000 Capital Outlay 3200
100-7015-1200 Dues & Subscriptions 135
100-7015-2000 Dues & Subscriptions 110.58
100-7015-4100 Dues & Subscriptions 68.63
100-6505-5500 Utility - General & Electric 350.26
100-6505-5600 Utility - General & Electric 206.25
100-7000-2000 Travel, Conferences & Training 413
100-6360-1600 Claims/Settlement 458
100-6505-5400 Utility - General & Electric 291.23
100-6505-5450 Utility - General & Electric 1671.6
100-5743-5450 Pavilion Maintenance 208
100-6020-1600 Legal Services 3442
100-6025-1200 Professional Services 247.29
100-5720-5450 Equipment Repair 91.5
100-5740-1500 Building Repair and Maintenance 44
100-5740-2000 Building Repair and Maintenance 44
100-5715-2000 Vehicle Repairs 538.26
100-5715-4100 Vehicle Repairs 29.77
100-5715-5450 Vehicle Repairs -28.86
100-5500-5450 Department Supplies 148.6
100-5500-5500 Department Supplies 75.94
100-5565-5450 Janitorial Supplies 157.12
100-5500-1500 Department Supplies 52.41
100-5500-2800 Department Supplies 33.07
100-5500-4100 Department Supplies 117.02
Account Summary
Account NumberAccount Name Payment Amount
100-1680 Distributed Office Supplies 227.54
100-1683 Distributed Utilities 3088.2
500 - Water Fund 14716.31
550 - Wastewater Fund 14577.55
560 - Wastewater Capital Fund 97.63
672 - Forest Hill Water Booster Fund 504.06
Grand Total: 54402.6
101 - Transaction and Use Tax Fund 2495.5
105 - Donations Fund 85
160 - Riverlodge Fund 1115.23
210 - Solid Waste Fund 153.5
280 - Gas Tax Fund 5110.07
Expense Approval Report Payment Dates: 1/31/2024 - 1/31/2024 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 15547.75
1/31/2024 1:46:53 PM Page 4 of 4
Project Account Key Payment Amount
**None** 54317.6
Exp DONATION-K9 85
Grand Total: 54402.6
560-5500-0171 Department Supplies 97.63
672-6505-6515 Utility - General & Electric 504.06
Grand Total: 54402.6
Project Account Summary
550-6045-6600 Laboratory Services 130
550-6505-6600 Utility - General & Electric 1483.55
550-7015-6600 Dues & Subscriptions 68.63
550-5557-6600 Lab Supplies 24.22
550-5715-6500 Vehicle Repairs 220
550-5720-6600 Equipment Repair 802.75
550-5500-6600 Department Supplies 276.87
550-5500-6700 Department Supplies 42.32
550-5555-6600 Plant Chemicals 11529.21
500-5740-6000 Building Repair and Maintenance 4000
500-6505-6000 Utility - General & Electric 10277.71
500-7015-6000 Dues & Subscriptions 68.63
Expense Approval Report Payment Dates: 1/31/2024 - 1/31/2024 Account Summary
Account NumberAccount Name Payment Amount
500-5715-6100 Vehicle Repairs -64
Consent Item 5d

STAFF REPORT
City Council Consent Item
DATE: February 5, 2024
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Director of Public Works/City Engineer SUBJECT: Approval of a Contract with Mercer-Fraser Company for a Minor Street Paving Maintenance and Repair Project; Resolution 2024-02 STAFF RECOMMENDATION:

Adopt Resolution 2024-02 approving a Contract for Minor Street Paving Maintenance and Repair Project with Mercer-Fraser Company.

EXECUTIVE SUMMARY:

The purpose of the Minor Street Maintenance and Repair Project (“Contract”) is to contract with a qualified paving company to provide routine minor repairs and maintenance for City streets on an on-call basis, for an amount not to exceed $900,000.00 (nine hundred thousand dollars) for a oneyear term.

Section 2.50.070.D of the Fortuna Municipal Code provides that formal bidding is not required when the City Council finds that a negotiated contract best serves the City due to the nature of the service. A standard public bidding process would not be appropriate for this Contract due to the on-call nature and the importance of selecting a contractor who has the qualifications, equipment, crew, and availability to respond promptly to requests and to perform the work expeditiously, economically, effectively and safely.

Three paving contractors were requested to provide informal proposals. Two of the three contractors responded. After reviewing the proposed unit pricing, staff recommends that the City contract with Mercer-Fraser Company, which has been identified as the most cost-effective and qualified.

The work will consist of the removal and replacement of hot-mix asphalt at various locations in the City. The locations will be determined and task orders issued, as paving needs arise throughout the year.

FINANCIAL IMPACT:

The Contract is not to exceed $900,000.00 (nine hundred thousand dollars) during the one-year term unless authorized in writing. The actual cost will depend on how much work is required during the one-year term.

Of the $900,000, approximately $530,000 is available funding currently in this year’s budget. The remaining $370,000 is unspent money from last fiscal year that could be requested by staff as a Consent Item 5d

budget rollover if this year’s projects require additional funding. It should be noted that the unspent funding from last year was not due to lack of need, but rather staff and the contractors could not complete all of the planned work during the contract period. Below is a chart outlining City funding sources.

City Fund FY 23-24 Budget Amount FY 22-23 Possible Rollover Amount
101 (Measure E) $ 125,000
260 (TDA Non-Transit) $ 85,000 $ 80,000
275 (RSTP) $ 50,000 $ 150,000
290 (RMRA SB1) $ 270,000 $ 140,000
TOTAL $ 530,000 $ 370,000
RECOMMENDED COUNCIL ACTION:

1. Adopt Resolution 2024-02 by Consent Agenda vote.

Attachments:
 Resolution 2024-02 A Resolution of the City Council of the City of Fortuna Approving the Contract for Minor Street Paving Maintenance and Repair Project with Mercer Fraser Company
 Bid Summary Sheet
RESOLUTION 2024-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

APPROVING THE CONTRACT FOR MINOR STREET MAINTENANCE AND

REPAIR PROJECT WITH MERCER-FRASER COMPANY
WHEREAS, the City has an ongoing need for routine minor repairs and maintenance for City streets on an on-call basis (the “Services”); and
WHEREAS, the City does not possess the specialized equipment or staffing required to promptly, economically and effectively self-perform the Services; and WHEREAS, the City wishes to contract with a qualified paving contractor to provide the Services cost-effectively and on an on-call basis; and
WHEREAS, a standard public bidding process for the Services would not be appropriate due to the on-call nature of the Services, and the importance of selecting a contractor who has the qualifications, equipment, crew and the availability to respond promptly to requests for the Services, and to perform the Services expeditiously, economically, effectively and safely; and WHEREAS, Section 2.50.070.D of the Fortuna Municipal Code provides that formal bidding is not required when the City Council finds that a negotiated contract best serves the City due to the nature of the contractual service; and
WHEREAS, City staff requested informal proposals from seven paving contractors with the requisite qualifications to determine which contractor would best meet the City’s needs for providing the Services; and
WHEREAS, City staff determined that Mercer-Fraser Company, is the best qualified to provide the Services on an on-call basis based upon its overall qualifications, unit pricing, equipment, and availability.

WHEREAS, City staff negotiated with Mercer-Fraser Company to provide the Services for a one-year term, for an amount not to exceed $900,000.00 (nine hundred thousand dollars) without prior written authorization, in accordance to the terms and conditions of the Contract for Minor Street Maintenance and Repair Project with Mercer-Fraser Company.

NOW, THEREFORE, BE IT RESOLVED that the Fortuna City Council of the City of Fortuna hereby finds that pursuant to Section 2.50.070.D of the Fortuna Municipal Code, a negotiated agreement for providing the Services on an on-call basis best serves the City due to the nature of the Services.

BE IT FURTHER RESOLVED that the Fortuna City Council of the City of Fortuna does hereby approve the Contract for Minor Street Maintenance and Repair Project with MercerFraser Company (“Contract”) to provide the Services for a term ending June 30, 2025, for an amount not to exceed $900,000.00 (nine hundred thousand dollars) without prior written authorization, and authorizes the City Manager to execute the Contract and to take all other actions necessary to implement the Contract.

PASSED and ADOPTED on this 5
th day of February, 2024 by the following vote:

AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSTAIN: None
ABSENT: None
_____________________________
Tami Trent, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
City of Fortuna
Annual Paving Contract Proposal Summary
Date - January 30th 2024
Mercer-Fraser GR Sundberg, INC.

Item Description Units Unit Price Unit Price
1 Install up to 100 Tons Hot Mix Asphalt Ton 225.00 $ 235.00 $ 2 Install from 101 to 300 Tons Hot Mix Asphalt Ton 190.00 $ 220.00 $ 3 Install from 301 to 500 Tons Hot Mix Asphalt Ton 170.00 $ 200.00 $ 4 Install from 501 to 700 Tons Hot Mix Asphalt Ton 160.00 $ 190.00 $ 5 Install over 701 Tons Hot Mix Asphalt Ton 150.00 $ 185.00 $ 6 Class II Aggregate Base Ton 55.00 $ 80.00 $
7 Install 6" asphalt dike LF 20.00 $ 25.00 $
8 Foreman charge out rate HR 120.00 $ 155.00 $
9 Operator charge out rate HR 105.00 $ 150.00 $
10 Laborer charge out rate HR 90.00 $ 135.00 $
11 Grind 0.25' HMA up to 1000 sf SF 9.00 $ 8.50 $
12 Grind 0.25' HMA 1001-5000 sf SF 2.50 $ 3.75 $
13 Grind 0.25' HMA 5001-10,000 sf SF 2.00 $ 2.25 $
14 Grind 0.25' HMA 10,001-15,000 sf SF 1.50 $ 1.60 $
15 Grind 0.25' HMA 15,001-20,000 sf SF 1.25 $ 1.10 $
16 Grind 0.25' HMA over 20,001 sf SF 1.00 $ 0.90 $
17 Excavate and backfill with river run CY 60.00 $ 105.00 $ 18 Box Scraper charge out rate HR 150.00 $ 200.00 $
19 Trucking charge out rate HR 180.00 $ 175.00 $
20 Grader charge out rate HR 200.00 $ 250.00 $
21 Raise Iron EA 700.00 $ 1,200.00 $
22 Night or Weekend change out rate 3% 25%
Bid Summary Sheet
Contractor
Consent Agenda Item 5e

STAFF REPORT
City Council Consent Item
DATE: February 5, 2024
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Council Review and Approval of Commission/Committee Applications and Mayor’s Appointment of Seats
STAFF RECOMMENDATION:

Review applications for the Parks & Recreation Commission and Measure E Oversight Committee.

Discuss and consider approving the Mayor’s appointments for 2024.

EXECUTIVE SUMMARY:

Below are the open Commission/Committee seats. A copy of the applications received are attached for review.

Parks & Recreation Commission:

Three (3) of the five Parks & Recreation Commission seats are vacant as of December 31, 2023.

The City received three applications:
 Darrell Jackson (re-appointment)
 Patricia Gomez-Gillard
 Frank Mathes
The term of office for Parks & Recreation Commissioner is three (3) years and if selected, the appointments will expire on December 31, 2027.

Measure E Oversight Committee:

One (1) of the seven seats on the Measure E Oversight Committee is vacant as of December 31, 2023.

The City received one application:
 Martin Morris (re-appointment)
The term of office for this seat on the Measure E Oversight Committee is two (2) years.

RECOMMENDED COUNCIL ACTION:

Motion to Approve Mayors Appointments for Committees/Commissions. Consent Calendar vote.

Consent Agenda Item 5e

ATTACHMENTS:

Commission/Board Applications:
 Darrell Jackson
 Patricia Gomez-Gillard
 Frank Mathes
 Martin Morris

Consent Item 5f

STAFF REPORT
City Council Consent Item
DATE: February 5, 2024
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Approve Appointment of Parks and Recreation Director STAFF RECOMMENDATION:

Approve the appointment of the Heather Stevens as the Parks and Recreation Director.

EXECUTIVE SUMMARY:

The Fortuna Municipal Code (FMC) identifies the Parks and Recreation Director as the Department Head for the Parks and Recreation Department which shall have its main purpose, the obligations and duties of operating and maintaining the City’s parks, open space, and recreation programs.

The position has been vacant since September 2023, and the City actively recruited from September 22, 2023 through November 11, 2023. The City received applications from numerous candidates, and conducted interviews for the position. The City was fortunate to receive an application from a highly qualified candidate for the position named Heather Stevens.

Ms. Stevens received her Master’s degree from Pacific School of Religion and a Bachelor’s degree in Sociology/Psychology from California Lutheran University. Among her academic accomplishments are certification in Humboldt County’s Loretta Nickolaus Management Academy as well as Humboldt County’s Supervisor Academy. Ms. Stevens has over two decades of combined experience in Parks and Recreation including directing for another local agency and supervising the Recreation Division and programs for yet, another municipality.

Most recently, Ms. Stevens worked for the City of Arcata as the Recreation Supervisor and Recreation Division Manager and was responsible for managing all the functions of the division including budget development and administration, annual reports to council, staffing, branding and public outreach among other tasks as the responsible manager.

The Council authorized the City Manager to extend a conditional offer to Ms. Stevens in closed session on November 20, 2023, including compensation at the Step 3 of the pay rate schedule for that position. Ms. Stevens accepted the offer and has cleared the necessary background and physical required to be appointed for the position and is expected to start work on February 12, 2024.

FISCAL IMPACT:

The total pay and benefits cost of the Parks & Recreation Director contract have been included in the Fiscal Year 2023-2024 budget.

Consent Item 5f

RECOMMENDED COUNCIL ACTION:

Approve the appointment of Heather Stevens as the Parks and Recreation Director. Consent Agenda vote.

Business Item 6a

STAFF REPORT
City Council Business Item
DATE: February 5, 2024
TO: City Council
FROM: Katey Schmidt, Community Development Department
THROUGH: Merritt Perry, City Manager
SUBJECT: Second Reading and Adoption of Ordinance 2024-767, Amending Title 15 of the City of Fortuna Municipal Code by Streamlining the Permit Process for Electric Vehicle Charging Stations
STAFF RECOMMENDATION:

Conduct second reading, by title only, and adopt Ordinance 2024-767, which amends Title 15 - Buildings and Construction of the Fortuna Municipal Code, adding Chapter 15.65.

EXECUTIVE SUMMARY:

In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations.

An electric vehicle charging station is any level of electric vehicle supply equipment station that deliver electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 may refer to the recommendations in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research.

BACKGROUND:

Assembly Bill 1236, which amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.

This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply Business Item 6a

with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Section 65850.7 requires that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research.

Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.

Staff recommends that City Council introduce for First Reading the attached ordinance, given Government Code Section 65850.7’s requirement that local agencies adopt such an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations. Most of the procedures, such as electronic submittal of plans are currently in place and comply with the requirements of the Assembly Bill and staff is assuring that successful implementation of an expedited, streamlined process will be available to permit applicants.

FISCAL IMPACT:

There is no immediate financial impact or budget action necessary as a result of the recommended action. Following adoption of Ordinance 2024-767, the City will regain eligibility for State grant funds to install electric vehicle charging stations in public facilities.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report;

2. Open Public Comment;

3. Close Public Comment; and

4. Motion to hold the second reading and adopt Ordinance 2024-767, read by title only.

ATTACHMENTS:
 Ordinance 2024-767, An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.65 to Title 15 of the Fortuna Municipal Code to Provide Procedures for Expediting Permitting Processing for Electric Vehicle Charging Systems and Determining the Ordinance to be Exempt from CEQA.
 Residential And Non-Residential Checklist For Permitting Electric Vehicle Charging Stations
ORDINANCE NO. 2024-767

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 15.65 TO ARTICLE 15 OF THE FORTUNA MUNICIPAL CODE TO

PROVIDE PROCEDURES FOR EXPEDITING PERMITTING PROCESSING FOR

ELECTRIC VEHICLE CHARGING SYSTEMS AND DETERMINING THE ORDINANCE

TO BE EXEMPT FROM CEQA
WHEREAS, the State of California and the City of Fortuna have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the State of California recently adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and
WHEREAS, adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the City Council has considered the staff report, supporting documents, public comment, 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. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment. The City Council hereby directs staff to prepare, execute, and file with the Humboldt County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 3. Municipal Code Amendment. Chapter 15.65 is hereby added to Article 15 - Buildings and Construction--of the Fortuna Municipal Code in the form and substance 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 cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 15 of the Fortuna Municipal Code.

SECTION 4. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

SECTION 5. 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.

SECTION 6. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 16th day of January, 2024 by the following vote:

AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
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 5th day of February, 2024 by the following vote:

AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
Tami Trent, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
Exhibit “A”

15.65 ELECTRIC VEHICLE CHARGING SYSTEMS
Sections:

15.65.010 Purpose

15.65.020 Definitions

15.65.030 Title, Words and Phrases

15.65.040 Expedited Electric Vehicle Charging Station Permitting

15.65.050 Expedited Review Process

15.65.060 Permit Application Processing

15.65.070 Association Approval

15.65.080 Permit Application Processing

15.65.090 Technical Review

15.65.100 Electric Vehicle Charging Station Installation Requirements

15.65.010 Purpose.

The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Section 65850.7.

15.65.020 Definitions.

A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. “Electronic submittal” means the utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Facsimile.

15.65.030 Title, Words and Phrases.

This Chapter shall be known as the City of Fortuna’s Electric Vehicle Charging Station Permit Expediting Ordinance. The terms, phrases, and words used in this Chapter shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.

15.65.040 Expedited Electric Vehicle Charging Station Permitting.

Electric Vehicle Charging Stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this Chapter.

15.65.050 Expedited Review Process.

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

15.65.060 Permit Application Processing.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

15.65.070 Association Approval.

Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

15.65.080 Permit Application Processing.

A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City’s adopted checklist, and are consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

15.65.090 Technical Review.

It is the intent of this Chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting charging stations so long as the action does not supersede the Building Official’s authority to address higher-priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit.

15.65.100 Electric Vehicle Charging Station Installation Requirements.

A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

CITY OF FORTUNA

COMMUNITY DEVELOPMENT DEPARTMENT

BUILDING AND SAFETY DIVISION
621 11th Street, Fortuna, California 95540
Phone: (707)725-7600 Fax: (707)725-7610

RESIDENTIAL AND NON-RESIDENTIAL

CHECKLIST FOR PERMITTING ELECTRIC VEHICLE CHARGING STATIONS Please complete the following information related to permitting and installation of Electric Vehicle Charging Station (EVCS) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVCS installations and is intended to help expedite permitting and use for electric vehicle charging.

Upon this checklist being deemed complete, a permit shall be issued to the applicant. However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued. This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist Submittal Date:

Project Applicant: Phone:

Email:

Property Owner: Phone:

Email:

Project Address: APN:

Contractor: Phone: Email:

Contractor Address:

Project Description:
☐ Single-Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (Multi-Businesses) ☐ Mixed-Use ☐ Public Right-of-Way
Location and Number of EVCS to be Installed:

Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____ EVCS Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V) Maximum Rating (Nameplate) of EV Charging Station = ___________ kW Voltage EVCS= V
Mounting of EVCS: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________ Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:

Connected Load of Existing Panel Supplying EVCS = __________ Amps Calculated Load of Existing Panel Supplying EVCS = __________ Amps Demand Load of Existing Panel or Service Supplying EVCS = _________ Amps (Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVCS Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVCS Rating ________Amps x 1.25 = ___Amps = Minimum Ampacity of EVCS Conductor = # AWG For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil OR
Size of Existing Feeder Conductor
Supplying EVCS Panel = # __________ AWG or
OR
Kcmi (or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verifications may require further substantiation of information.
_______________________ ________________________ ____________

PRINT NAME SIGNATURE DATE
Business Item 6b

STAFF REPORT
City Council Business Item
DATE: February 5, 2024
TO: City Council
FROM: Katey Schmidt, Community Development Department
THROUGH: Merritt Perry, City Manager
Subject: Second Reading and Adoption of Ordinance 2024-768, Amending Title 15 of the City of Fortuna Municipal Code by Streamlining the Permit Process for Small Residential Rooftop Solar Energy Systems
STAFF RECOMMENDATION:

Conduct second reading, by title only, and adopt Ordinance 2024-768 which amends Title 15 - Buildings and Construction of the Fortuna Municipal Code, adding Chapter 15.67.

EXECUTIVE SUMMARY:

Under State of California Government Code Section 65850.5(g), local municipalities are required to adopt an ordinance creating an expedited and streamlined permitting process for small residential rooftop solar energy systems that substantially conforms to the California Solar Permitting Guidebook of the Governor's Office of Planning and Research. The SPG was developed through a collaborative effort managed by the Governor's Office of Planning and Research that included solar industry trade groups, state agencies, and other stakeholders.

In accordance with this mandate, the proposed ordinance establishes a streamlined process through amendments to the City of Fortuna Municipal Code provisions relating to the administration of Building Code Regulations. Required streamlining features include use of standardized forms available online; the ability to accept electronic submittals and the consolidating of required inspections into a single comprehensive inspection.

BACKGROUND:

In 2014 the state Legislature passed Assembly Bill 2188 (AB2188) mandating that cities and counties adopt an expedited, streamlined review and permitting process for small residential rooftop solar systems.

In July 2023, the City launched the OpenGov online permitting portal in conjunction with the SolarApp+ pre-approval portal. The SolarApp+ portal conducts an automated permitting review for safety and code compliance following a pre-approval checklist. Projects with SolarApp+ preapproval will be automatically issued a permit through the OpenGov permit portal, eliminating internal review times. While the City’s current process utilizing these portals and pre-approval checklist conforms with the requirements of AB 2188, this ordinance codifies the city's processes and provides conformance with the State’s streamlining requirements including electronic submittal, pre-approval checklist, and expedited permit issuance.

Business Item 6b

FISCAL IMPACT:

There is no immediate financial impact or budget action necessary as a result of the recommended action.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report;

2. Open Public Comment;

3. Close Public Comment; and

4. Motion to hold the second reading and adopt Ordinance 2024-768, read by title only.

ATTACHMENTS:
 Ordinance 2024-768, An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.67 to Title 15 of the Fortuna Municipal Code to Provide Procedures for Expediting Permitting Processing for Small Residential Rooftop Solar Systems and Determining the Ordinance to be Exempt from CEQA
 Solar Permit Pre-Approval Checklist
ORDINANCE NO. 2024-768

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 15.67 TO ARTICLE 15 OF THE FORTUNA MUNICIPAL CODE TO

PROVIDE FOR EXPEDITING PERMITTING PROCESSING FOR SMALL

RESIDENTIAL ROOFTOP SOLAR SYSTEMS AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM DECA
WHEREAS, the City Council of the City of Fortuna seeks to implement AB 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and
WHEREAS, the City Council of the City of Fortuna wishes to advance the use of solar energy by all of its citizens, businesses and industries; and
WHEREAS, the City Council of the City of Fortuna seeks to meet the climate action goals set by the City Council of the City of Fortuna and the State; and WHEREAS, solar energy creates local jobs and economic opportunity; and WHEREAS, the City Council of the City of Fortuna recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and WHEREAS, it is in the interest of the health, welfare and safety of the people of Fortuna to provide an expedited permitting process to assure the effective deployment of solar technology; and WHEREAS, adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the City Council has considered the staff report, supporting documents, public comment, 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. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment. The City Council hereby directs staff to prepare, execute, and file with the Humboldt County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 3. Municipal Code Amendment. Chapter 15.67 is hereby added to Article 15— Buildings and Construction—of the Fortuna Municipal Code in the form and substance 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 cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 15 of the Fortuna Municipal Code.

SECTION 4. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

SECTION 5. 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.

SECTION 6. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 16th day of January, 2024 by the following vote:

AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
Tami Trent, Mayor
ATTEST:
______________________________
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 5th day of February, 2024 by the following vote:

AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
Tami Trent, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
Exhibit “A”

15.67 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:

15.67.010 Purpose

15.67.020 Definitions

15.67.030 Applicability

15.67.040 Solar Energy System Requirements

15.67.050 Duties of Building Division and Building Official

15.67.060 Permit Application Processing

15.67.010 Purpose.

The purpose of this Chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Fortuna, and expanding the ability of property owners to install solar energy systems. This Chapter allows the City of Fortuna to achieve these goals while protecting the public health and safety

15.67.020 Definitions.

A. A “Solar Energy System” means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

B. A “small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Fortuna and all state and City of Fortuna health and safety standards.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Fortuna Municipal Code.

C. “Electronic submittal” means the utilization of the City of Fortuna Permit Portal.

D. An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

E. A “common interest development” means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.

F. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

G. “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

H. “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.

2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.

15.67.030 Applicability.

A. This Chapter applies to the permitting of all small residential rooftop solar energy systems in the City of Fortuna.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the Ordinance adopting these regulations are not subject to the requirements of this Chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

15.67.040 Solar Energy System Requirements.

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City of Fortuna and the Fortuna Fire Protection District.

B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

15.67.050 Duties of Building Division and Building Official.

A. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City of Fortuna website.

B. Electronic submittal of the required permit application and documents through the City of Fortuna Permit Portal shall be made available to all small residential rooftop solar energy system permit applicants.

C. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

D. The City of Fortuna Building Division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. All code requirements in these documents shall conform to the requirements found in the most recently adopted Solar Permitting Guidebook model Tool Kit documents.

E. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

F. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.

15.67.060 Permit Application Processing.

A. The City of Fortuna Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption on this Chapter. The Building Division shall issue a building permit or other nondiscretionary within 1-3 business days of receipt of a complete application and meets the requirements of the approved checklist and standard plan. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City of Fortuna Planning Commission.

B. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.

C. Where adopted California Building Standards Code conflict with prescribed code requirements found in the most recently adopted California Solar Permitting Guidebook, the code requirements found in the California Solar Permitting Guidebook shall control.

D. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potentially feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City of Fortuna Planning Commission.

E. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

F. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City of Fortuna on another similarly situated application in a prior successful application for a permit. The City of Fortuna shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

G. The City of Fortuna shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

H. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

I. Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed by the Fortuna Fire Protection District.

J. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a two (2) hour inspection window.

K. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Chapter.

City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: February 5, 2024
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Tuesday, February 20, 2024
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall
Monday, March 4, 2024
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, February 13, 2024
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, February 27, 2024
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Tuesday, March 19, 2024
5:30 p.m.

Regular Measure E Meeting
Council Chambers at City Hall
Tuesday, April 2, 2024
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, February 7, 2024
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

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

Regular FBID Meeting
Council Chambers at City Hall

6. Verbal Report