621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID: 831 5587 9316 Password:
233509
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. Special Presentation from the Chief of Police: Employee Commendations
3. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public Regular Meeting Agenda
Monday, July 1, 2024 at 6:00 pm
comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.
4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – June 13, 2024 (Special Meeting) b. City Council Minutes – June 17, 2024 (Special Meeting) c. City Council Minutes – June 17, 2024 (Regular Meeting) d. Report of Disbursements
e. Approval of the July 1, 2024 to June 30, 2025 Memorandum of Understanding (MOU) Concerning Working Conditions, Wages and Benefits with the Fortuna Employee Association (FEA)
f. Establish and Authorize Supplemental Compensation and Benefits for Management and Confidential Employees, Resolution 2024-16
g. Approval of the Full Time Classification and Pay Rate Schedule for Fiscal Year 2024- 2025 Resolution 2024-20
h. Approve a Special Wastewater Agreement with Eel River Brewery and Authorize the City Manager to Execute
5. PUBLIC HEARING
a. PUBLIC HEARING: Proposition 218 Majority Protest Process Relative to Proposed Increase to Water Rates
b. PUBLIC HEARING: Proposition 218 Majority Protest Process Relative to Proposed Increase to Wastewater (Sewer) Rates
6. CITY COUNCIL BUSINESS
a. Consider Adopting Schedule of Fees and Charges for Water Service; Resolution 2024- 23 b. Consider Adopting Schedule of Fees and Charges for Wastewater Service; Resolution 2024-24
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 LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Employee Organizations: the Unrepresented/Management group in accordance with Section 54957.6 of the Government Code.
11. REPORT OUT AND 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 06/27/2024 at 1:54 PM
Zoom Option: 1-669-900-9128 User ID: 845 1596 4372 Password: 272775 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 9:30 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 comments from the public, Mayor Trent closed the public comment section.
3. DISCUSSION ITEM
a. Water & Wastewater Rate Increase Workshop
Minutes:
Public Works Director Brendan Byrd, City Manager Merritt Perry and Finance Director Aaron Felmlee answered the Council's questions regarding the Water & Wastewater Rate Increase. PUBLIC COMMENTS: There being no comments from the public, Mayor Trent closed the public comment section.
4. ADJOURN TO CLOSED SESSION
Minutes:
CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Mayor Pro Tem Johnson to adjourn to closed session at 10:33 a.m. MOTION CARRIED 5/0 a. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Special Meeting
Minutes
Thursday, June 13, 2024 at 9:30 am
Perry, Employee Organization: Fortuna Police Employees Association in accordance with Section 54957.6 of the Government Code.
Minutes:
CITY COUNCIL ACTION: Provided direction to staff
b. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Employee Organizations: Fortuna Employees Association, and the Unrepresented/Management group in accordance with Section 54957.6 of the Government Code.
Minutes:
CITY COUNCIL ACTION: Provided direction to staff
c. PUBLIC EMPLOYMENT, pursuant Section 54957of the California Government Code.
Title: Interim City Manager
Minutes:
CITY COUNCIL ACTION: Provided direction to staff
5. REPORT OUT AND ADJOURN
Minutes:
CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Mayor Pro Tem Johnson to adjourn to the meeting at 11:44 a.m. MOTION CARRIED 5/0 Contact: Siana L. Emmons, City Clerk ([email protected] (707)725-7600) Zoom Option: 1-669-900-9128 User ID: 833 0935 1783 Password: 342169 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 10:00 a.m. and led the flag salute. ROLL CALL:
Council Member Conley - Absent, 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. ADJOURN TO CLOSED SESSION
Minutes:
CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Mayor Pro Tem Johnson to adjourn to closed session 10:00 a.m. MOTION CARRIED 4/0 a. PUBLIC EMPLOYMENT, pursuant Section 54957of the California Government Code.
Title: Interim City Manager
Minutes:
CITY COUNCIL ACTION: None taken
4. REPORT OUT AND ADJOURN
Minutes:
CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Mayor Pro Tem Johnson to adjourn the meeting at 10:40 a.m. MOTION CARRIED 4/0 Special Meeting
Minutes
Monday, June 17, 2024 at 10:00 am
Contact: Siana L. Emmons, City Clerk ([email protected] (707)725-7600) 621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID 812 0788 2096 Password 465267
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 - Absent, Council Member Losey - Present, Council Member Mobley - Present, Mayor Pro Tem Johnson - Present, Mayor Trent - Present
2. PRESENTATIONS / INTRODUCTIONS
a. Introduction of new Street Maintenance Worker II, Trevor Yates Minutes:
General Services Superintendent Bob Natt introduced new Street Maintenance Worker II, Trevor Yates.
b. Special Presentation from the Chief of Police: Employee Commendations Minutes:
This item was continued to the next regular City Council meeting.
3. ORAL COMMENTS FROM THE PUBLIC
Minutes:
There being no comments from the public, Mayor Trent closed to public comment section.
4. CONSENT CALENDAR
Regular Meeting Agenda
Minutes
Monday, June 17, 2024 at 6:00 pm
Minutes:
PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment.
CITY COUNCIL ACTION: Mayor Trent pulled items c & d, expressed enjoyment from reading these updates from the departments. Council Member Mobley pulled item d to inquire about the Fairbox Ratio, Finance Director Aaron Felmlee answered. Council Member Losey moved, seconded by Council Member Mobley to approve Consent Calendar items a - k. AYES: Council Member Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: ABSTAIN: ABSENT:
Council Member Conley MOTION CARRIED: 4/0
a. City Council Minutes – June 3, 2024 (Regular Meeting) b. City Council Minutes - June 7, 2024 (Special Meeting) 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. Consideration of Fee Waiver for Jaripeo Ranchero Event at Rohner Park Rodeo Grounds
k. 2024 Water Supply and Demand Assessment
5. CITY COUNCIL BUSINESS
a. Public Hearing to Consider the Adoption of Rates and Fees for City Services; Resolution 2024-17
Minutes:
STAFF REPORT: Finance Director Aaron Felmlee provided staff report on the rate schedule for Building, Community Development and Water and Wastewater. PUBLIC COMMENTS: There being no additional public comments, Mayor Trent closed the public comment. CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Mayor Pro Tem Johnson to adopt Resolution 2024-17, "Resolution Of The City Of Fortuna Establishing A Schedule Of Fees And Charges For Building, Community Development, and Water & Wastewater, Within The City Of Fortuna For Fiscal Year 2024-2025". Voice vote.
AYES: Council Member Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES:
ABSTAIN: ABSENT: Council Member Conley MOTION CARRIED: 4/0 b. Supplemental Budget Request and Authorization for the Over Hire of One Police Officer
Minutes:
STAFF REPORT: Police Chief Casey Day provided staff report on the Supplemental Budget Request and authorization of the over hire for one Police Officer. PUBLIC COMMENT: There being no comments from the public, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Mobley to approve a supplemental budget request (SBR) authorizing the Chief of Police to over hire one additional police officer. Voice vote. AYES: Council Member Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: ABSTAIN: ABSENT: Council Member Conley MOTION CARRIED: 4/0
c. Supplemental Budget Request and Professional Services Contract Amendment with GHD for Design and Environmental Services for the Mill Creek Habitat Connectivity Project (CIP#9123)
Minutes:
STAFF REPORT: Public Works Director Brendan Byrd provided staff report on the Supplemental Budget Request and Professional Services Agreement with GHD for the Mill Creek Habitat Connectivity Project (CIP#9123).
PUBLIC COMMENT: There being no comments from the public, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Mayor Pro Tem Johnson moved, seconded by Council Member Losey to Authorize the City Manager to execute professional services contract amendment with GHD for engineering and environmental services for the Mill Creek Habitat Connectivity Project (CIP#9123) and authorize a supplemental budget request in the amount $107,000. Voice vote. AYES: Council Member Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: ABSTAIN: ABSENT: Council Member Conley MOTION CARRIED: 4/0
d. Approve an Agreement for Interim City Manager Services Minutes:
STAFF REPORT: City Manager Merritt Perry provided staff report on the agreement for interim City Manager Services. PUBLIC COMMENT: There being no comments from the public, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Mayor Pro Tem Johnson to approve the agreement with Amy Nilsen for Interim City Manager Services for the City of Fortuna effective June 24, 2024. Roll Call Vote. AYES: Council Member Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: ABSTAIN: ABSENT: Council Member Conley MOTION CARRIED: 4/0
6. CITY MANAGER’S REPORT
Minutes:
City Manager Merritt Perry provided a verbal report.
7. FUTURE AGENDA ITEMS
Minutes:
None at this time.
8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
b. Council Member Mike Losey
c. Council Member Kris Mobley
d. Mayor Pro Tem Mike Johnson
e. Mayor Tami Trent
9. ADJOURN
Minutes:
CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Council Member Losey to adjourn the meeting at 6:32 p.m. MOTION CARRIED 4/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Consent Item 4d
STAFF REPORT
Consent Agenda Item
DATE: July 1, 2024
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for June 20 and 26, 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:
June 20, 2024 $ 213,030.90
June 26, 2024 $ 29,438.00
RECOMMENDED COUNCIL ACTION:
Informational Item. Receive report by Consent Agenda vote.
ATTACHMENTS:
Disbursements Detail Report for June 20, 2024
Disbursements Detail Report for June 26, 2024
Amount
6/20/2024 8:11:38 AM Page 1 of 4
79583 06/20/2024 NORMAN'S DRY CLEANERS 24158-382-A River Lodge Linen Service 52.8 79583 06/20/2024 NORMAN'S DRY CLEANERS 24165-707-A River Lodge Linen Service 30 79581 06/20/2024 NAPA AUTO PARTS FORTUNA 63941 Back-up Lights - General Services 24.39 79583 06/20/2024 NORMAN'S DRY CLEANERS 24158-382-A River Lodge Linen Service 73.8 79581 06/20/2024 NAPA AUTO PARTS FORTUNA 63721 Oil/Air Filters & Lights - Utilities 155.04 79581 06/20/2024 NAPA AUTO PARTS FORTUNA 63911 Mower Belts - WWTP 42.94 79580 06/20/2024 MISSION LINEN INDUS SERV 521767149 Toilet Paper - Special Events 931.6 79580 06/20/2024 MISSION LINEN INDUS SERV 521785617 Paper Towels - Special Events 884.38 79580 06/20/2024 MISSION LINEN INDUS SERV 521760900 River Lodge Linen Service 25.53 79580 06/20/2024 MISSION LINEN INDUS SERV 521767139 Paper Towels/Toilet Paper - River Lodge 108.84 79580 06/20/2024 MISSION LINEN INDUS SERV 521754071 Police Mat Service FY 23/24 41.96 79580 06/20/2024 MISSION LINEN INDUS SERV 521760900 River Lodge Linen Service 174.19 79580 06/20/2024 MISSION LINEN INDUS SERV 521734956 Wastewater Linen Service 88.12 79580 06/20/2024 MISSION LINEN INDUS SERV 521734966 Parks/Rink Linen Service 91.24 79580 06/20/2024 MISSION LINEN INDUS SERV 521734955 Corp Yard Linen Service 64.82 79580 06/20/2024 MISSION LINEN INDUS SERV 521734955 Corp Yard Linen Service 52.75 79578 06/20/2024 LOTUS MOUNTAIN 15941 Measure E Sign - New Police Facility 117.18 79579 06/20/2024 MENDES SUPPLY INC M264943 Trash Can Liners - Special Events 938.89 79576 06/20/2024 JACOBS ENGINEERING GROUP INC W8Y10900-027 NPDES Compliance Engineering 102212.75 79577 06/20/2024 KEENAN SUPPLY CO S013823728 Hydrant Meter Supplies 1194.11 79575 06/20/2024 INFINITE CONSULTING SERVICES 11885 Telephone Equipment - PD 434.49 79575 06/20/2024 INFINITE CONSULTING SERVICES 11886 Additional Phone Licenses 511 79574 06/20/2024 HUMMEL TIRE & WHEEL 277012 Tire Repair - WWTP 140 79575 06/20/2024 INFINITE CONSULTING SERVICES 11824 Replacement Phones - City Hall 250.43 79573 06/20/2024 HORIZON BUSINESS PRODUCTS 276303 Pens - WWTP 14.09 79574 06/20/2024 HUMMEL TIRE & WHEEL 276989 Loader Tire Repair - Parks 435.69 79571 06/20/2024 HELIX LABORATORIES INC 91238 Alka Mag - WWTP 7486.23 79572 06/20/2024 HENSELL MATERIALS 653631 Marking Chalk - Parks 834.84 79569 06/20/2024 FREEDOM FUEL 22512 Equipment Fuel 38.63 79570 06/20/2024 GHD INC 380-0052558 Mill Creek Habitat Connectivity Project 17356.91 79569 06/20/2024 FREEDOM FUEL 22472 Equipment Fuel 30.69 79569 06/20/2024 FREEDOM FUEL 22511 Equipment Fuel 29.09 79568 06/20/2024 FORTUNA ACE HARDWARE 377594 Drawer Lock - River Lodge 111.61 79568 06/20/2024 FORTUNA ACE HARDWARE 377627 Door Trim - River Lodge 39.04 79568 06/20/2024 FORTUNA ACE HARDWARE 377526 Supplies - WWTP 179.98 79568 06/20/2024 FORTUNA ACE HARDWARE 377563 Building Maintenance - PD 53.27 79568 06/20/2024 FORTUNA ACE HARDWARE 377525 Light Bulbs/Smoke Alarm - Parks/Museum 36.88 79568 06/20/2024 FORTUNA ACE HARDWARE 377525 Light Bulbs/Smoke Alarm - Parks/Museum 62.91 79568 06/20/2024 FORTUNA ACE HARDWARE 377277 Janitorial Supplies - WWTP 96.89 79568 06/20/2024 FORTUNA ACE HARDWARE 377365 Smartflo Max Hose - Utilities 32.96 79567 06/20/2024 EUREKA BROADCASTING INC 24050196 Big Rig Safety Advertising 175 79567 06/20/2024 EUREKA BROADCASTING INC 24050197 Big Rig Safety Advertising 109 79566 06/20/2024 ENVIRONMENTAL RESOURCE ASSOC 079684 Lab Supplies 238.75 79567 06/20/2024 EUREKA BROADCASTING INC 24050195 Big Rig Safety Advertising 175 79565 06/20/2024 ENVIRONMENTAL PERMITTING SPECIALISTSFOR 24-1 Compliance Audit - Wells/WWTP 3600 79565 06/20/2024 ENVIRONMENTAL PERMITTING SPECIALISTSFOR 24-1 Compliance Audit - Wells/WWTP 4300 79564 06/20/2024 EMMONS, SIANA 040324 Per Diem 6.24 - 6.28 (Master Muni Clerk Acad) 247.08 79564 06/20/2024 EMMONS, SIANA 040324 Per Diem 6.24 - 6.28 (Master Muni Clerk Acad) 247.08 79562 06/20/2024 DUEY, EMILY 061724 Monday Club Deposit Refund 250 79563 06/20/2024 ECO MEDICAL 25291 Medical Waste Disposal Service 57.75 79561 06/20/2024 BAGSPOT PET WASTE SOLUTIONS BAGSPT-8335 One-pull Doggie Bags -80.26 79561 06/20/2024 BAGSPOT PET WASTE SOLUTIONS BAGSPT-8335 One-pull Doggie Bags 1024.51 79559 06/20/2024 ARMSTRONG, LISA 061324 Park Deposit Refund 250 79560 06/20/2024 AT&T 5025 06240893 23484108935031 31.57 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 6/20/2024 - 6/20/2024
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
Grand Total: 213030.94
6/20/2024 8:11:38 AM Page 2 of 4
79606 06/20/2024 WOODS PEST CONTROL 1266621 CH/PD Pest Services FY 23/24 44 79606 06/20/2024 WOODS PEST CONTROL 1266682 Parks Pest Services FY 23/24 150 79605 06/20/2024 WENDT CONSTRUCTION 061024 Perc Pond Retention Release 5505.75 79606 06/20/2024 WOODS PEST CONTROL 1266621 CH/PD Pest Services FY 23/24 44 79603 06/20/2024 USABLUEBOOK INV00377298 Probe Holder - WWTP 64.33 79604 06/20/2024 WALSH, LORIE 061324 Park Deposit Refund 250 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531358554 Copier Leases FY 24/25 78.23 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531358554 Copier Leases FY 24/25 61.22 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531024073 MFP Lease FY 24/25 55.32 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531358554 Copier Leases FY 24/25 200.66 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531024073 MFP Lease FY 24/25 18.44 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531024073 MFP Lease FY 24/25 55.32 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531024073 MFP Lease FY 24/25 18.44 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531024073 MFP Lease FY 24/25 18.44 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531024073 MFP Lease FY 24/25 165.95 79602 06/20/2024 US BANK EQUIPMENT FINANCE 531024073 MFP Lease FY 24/25 129.08 79601 06/20/2024 UBEO BUSINESS SERVICES 4520618 Prop 218 Notification Service 3302.22 79601 06/20/2024 UBEO BUSINESS SERVICES 4520618 Prop 218 Notification Service 3302.21 79600 06/20/2024 TRACTOR SUPPLY CREDIT PLA 838465 Kennel Supplies 161.58 79600 06/20/2024 TRACTOR SUPPLY CREDIT PLA 838568 Kennel Supplies 66.14 79600 06/20/2024 TRACTOR SUPPLY CREDIT PLA 835248 K9 Cain Dog Food 185.5 79600 06/20/2024 TRACTOR SUPPLY CREDIT PLA 837207 Kennel Supplies 112.81 79598 06/20/2024 STAPLES BUSINESS CREDIT 7905902102-2 Credit Price Adjustment - PD -10.07 79599 06/20/2024 THERMCO PRODUCTS INC 274812 Lab Testing 65 79598 06/20/2024 STAPLES BUSINESS CREDIT 7634609054 Bz License Paper/Folders 100.98 79598 06/20/2024 STAPLES BUSINESS CREDIT 7905902102-1 Credit Price Adjustment - PD -4.42 79597 06/20/2024 SPM 57330-1REV Striping Service 11563
79597 06/20/2024 SPM 57330-1REV Striping Service 25482.25 79595 06/20/2024 SIEMENS INDUSTRY INC 5609655999 Contact Basin Flow Meter - WWTP 1220.63 79596 06/20/2024 SLAUGHTER, JOLENE 060724 Summer Fun Refund Less Processing Fee 105 79593 06/20/2024 SANCHO, BRYCE 061724 River Lodge Deposit Refund 1000 79594 06/20/2024 SHRED AWARE 58902 Shredding Service - PD 164.86 79591 06/20/2024 REMOTE SATELLITE SYSTEMS 128145 Police Satellite Phone Service FY 24/25 74 79592 06/20/2024 RON DUPRATT FORD 497779 Moulding - PD 57.53 79589 06/20/2024 RECOLOGY EEL RIVER 671510 Debris Disposal 50.4 79590 06/20/2024 REINHOLTSEN, DENNIS 061124 Monday Club Deposit Refund 250 79587 06/20/2024 PAPE MACHINERY 15321217 Shifter Rods - General Services 146.62 79588 06/20/2024 PLANWEST PARTNERS INC 24-193-03MD-Amend.5Mill District Traffic Operational Analysis 11975.18 79586 06/20/2024 O'REILLY AUTOMOTIVE STORE 247196 Drum Pro Kit - General Services 22.12 79586 06/20/2024 O'REILLY AUTOMOTIVE STORE 247223 Wheel Cylinders/Brake Fluid - Gen Services 48.85 79585 06/20/2024 OPTIMUM JUNE24MC Monday Club Internet 125.17 79586 06/20/2024 O'REILLY AUTOMOTIVE STORE 246221 Brake Rotor/Disc Pad - PD 347.06 79583 06/20/2024 NORMAN'S DRY CLEANERS 24165-707-A River Lodge Linen Service 42.7 79584 06/20/2024 NORTH COAST JOURNAL 2024130016 Public Hearing Notice - Resolution 2024-17 108 Expense Approval Report Payment Dates: 6/20/2024 - 6/20/2024 Payment Number Payment Date Vendor Name Payable Number Description (Item) 160-6210-5800 Internet Service 125.17
6/20/2024 8:11:38 AM Page 3 of 4
160-5547-5800 User Group Linen 277.99
160-5565-5800 Janitorial Supplies 229.87
160-5705-5800 Equipment Maintenance 18.44
160-2222 River Lodge Deposits 1000
160-5500-5700 Department Supplies 111.61
160-5500-5800 Department Supplies 39.04
101-5500-9373 Department Supplies 50.4
101-6015-9994 General Contracting 11563
160-2221 Monday Club Deposits 500
100-7612-1100 Contingency 459
101-5500-2850 Department Supplies 185.5
101-5500-9104 Department Supplies 117.18
100-7015-2000 Dues & Subscriptions 115.96
100-7215-5400 Adult Sports 834.84
100-7220-5400 Summer Fun 105
100-6305-1400 Publication Expense 108
100-7000-1150 Travel, Conferences & Training 247.08
100-7000-1600 Travel, Conferences & Training 247.08
100-5740-5600 Building Repair and Maintenance 62.91
100-6025-2000 Professional Services 164.86
100-6025-3200 Professional Services 11975.18
100-5740-1500 Building Repair and Maintenance 44
100-5740-2000 Building Repair and Maintenance 97.27
100-5740-5450 Building Repair and Maintenance 186.88
100-5715-4100 Vehicle Repairs 95.36
100-5720-4100 Equipment Repair 146.62
100-5720-5450 Equipment Repair 435.69
100-5705-4000 Equipment Maintenance 18.44
100-5705-5450 Equipment Maintenance 79.66
100-5715-2000 Vehicle Repairs 404.59
100-5570-5450 Special Events 2754.87
100-5705-1500 Equipment Maintenance 366.61
100-5705-2000 Equipment Maintenance 207.31
100-5500-5450 Department Supplies 1024.51
100-5505-5450 Vehicle Fuel & Oil 98.41
100-5565-5450 Janitorial Supplies 91.24
100-5500-2000 Department Supplies 420
100-5500-2800 Department Supplies 340.53
100-5500-4100 Department Supplies 64.82
100-2220 Refundable Park Deposits 500
100-2460 Sales Tax Payable -80.26
100-5500-1500 Department Supplies 761.43
Grand Total: 213030.9
Account Summary
Account NumberAccount Name Payment Amount
100-1680 Distributed Office Supplies 100.98
260 - TDA Non-Transit Fund 25482.25
350 - Capital Projects Fund 17356.91
500 - Water Fund 8438.06
550 - Wastewater Fund 22786.15
560 - Wastewater Capital Fund 102212.8
Fund Payment Amount
100 - General Fund 22478.87
101 - Transaction and Use Tax Fund 11916.08
160 - Riverlodge Fund 2302.12
210 - Solid Waste Fund 57.75
Expense Approval Report Payment Dates: 6/20/2024 - 6/20/2024 Report Summary
Fund Summary
Grand Total: 213030.9
6/20/2024 8:11:38 AM Page 4 of 4
560-6005-0171 Engineering Services 102212.8
Grand Total: 213030.9
Project Account Summary
Project Account Key Payment Amount
**None** 213030.9
550-5720-6600 Equipment Repair 1220.63
550-6045-6600 Laboratory Services 65
550-6633-6600 Regulatory Compliance 4300
550-5557-6600 Lab Supplies 238.75
550-5705-6700 Equipment Maintenance 55.32
550-5715-6600 Vehicle Repairs 140
550-5500-6600 Department Supplies 472.26
550-5500-6700 Department Supplies 3302.21
550-5555-6600 Plant Chemicals 7486.23
500-6200-6100 Telephone 31.57
500-6633-6000 Regulatory Compliance 3600
550-2030 Retention Payable 5505.75
500-5500-6200 Department Supplies 3302.22
500-5705-6300 Equipment Maintenance 55.32
500-5715-6100 Vehicle Repairs 155.04
350-6025-9123 Professional Services 17356.91
500-5500-6000 Department Supplies 14.09
500-5500-6100 Department Supplies 1279.82
Account NumberAccount Name Payment Amount
210-5735-5300 Janitorial Services - HHW 57.75
260-8000-4150 Capital Outlay 25482.25
Expense Approval Report Payment Dates: 6/20/2024 - 6/20/2024 Account Summary
Amount
6/26/2024 9:15:32 AM Page 1 of 4
79624 06/26/2024 MISSION LINEN INDUS SERV 521815968 Janitorial Supplies - CH/PD 146.47 79626 06/26/2024 MUNIQUIP LLC 106865 Wemco Shaft - WWTP 1828.23 79624 06/26/2024 MISSION LINEN INDUS SERV 521810631 Toilet Paper - CH/PD 35.83 79624 06/26/2024 MISSION LINEN INDUS SERV 521815968 Janitorial Supplies - CH/PD 146.48 79624 06/26/2024 MISSION LINEN INDUS SERV 521805653 River Lodge Linen Service 30.59 79624 06/26/2024 MISSION LINEN INDUS SERV 521810631 Toilet Paper - CH/PD 35.83 79624 06/26/2024 MISSION LINEN INDUS SERV 521802726 Paper Towels - PD 279.28 79624 06/26/2024 MISSION LINEN INDUS SERV 521805653 River Lodge Linen Service 336.93 79624 06/26/2024 MISSION LINEN INDUS SERV 521780687 Wastewater Linen Service 87.77 79624 06/26/2024 MISSION LINEN INDUS SERV 521780698 Parks/Rink Linen Service 82.08 79624 06/26/2024 MISSION LINEN INDUS SERV 521780686 Corp Yard Linen Service 64.32 79624 06/26/2024 MISSION LINEN INDUS SERV 521780686 Corp Yard Linen Service 52.25 79624 06/26/2024 MISSION LINEN INDUS SERV 521725080 River Lodge Janitorial/Linen Service 145.13 79624 06/26/2024 MISSION LINEN INDUS SERV 521725080 River Lodge Janitorial/Linen Service 57.59 79624 06/26/2024 MISSION LINEN INDUS SERV 521677965 River Lodge Linen Service 35.34 79624 06/26/2024 MISSION LINEN INDUS SERV 521722423 Trash Can Liners - River Lodge 70.81 79624 06/26/2024 MISSION LINEN INDUS SERV 521664251 Janitorial Supplies - Parks 573.3 79624 06/26/2024 MISSION LINEN INDUS SERV 521668823 Police Mat Service FY 23/24 41.96 79624 06/26/2024 MISSION LINEN INDUS SERV 521651601 Corp Yard Linen Service 62.45 79624 06/26/2024 MISSION LINEN INDUS SERV 521651602 Wastewater Linen Services 98.55 79624 06/26/2024 MISSION LINEN INDUS SERV 521632413 River Lodge Linen Service 69.91 79624 06/26/2024 MISSION LINEN INDUS SERV 521651601 Corp Yard Linen Service 76.94 79624 06/26/2024 MISSION LINEN INDUS SERV 521531237 Paper Towels - Corp Yard 30.67 79624 06/26/2024 MISSION LINEN INDUS SERV 521632413 River Lodge Linen Service 185.63 79624 06/26/2024 MISSION LINEN INDUS SERV 521531236 Paper Towels - WWTP 61.33 79624 06/26/2024 MISSION LINEN INDUS SERV 521531237 Paper Towels - Corp Yard 30.66 79622 06/26/2024 INDEPENDENT BUSINESS FORM 43245 Utility Billing Envelopes 1136.9 79623 06/26/2024 MERCER FRASER COMPANY 112689 Aggregate Base 213.7 79621 06/26/2024 HUMBOLDT FENCE CO 7955 Driveway Mirror - Police Facility 113.43 79622 06/26/2024 INDEPENDENT BUSINESS FORM 43245 Utility Billing Envelopes 1136.9 79619 06/26/2024 H&S ENERGY GROUP 134152 Car Wash Services - PD 56 79620 06/26/2024 HUMBOLDT COUNTY SHERIFF'S OFFICE062524 Livescan Service for C Wilson (Recreation Leader) 100 79618 06/26/2024 GROCERY OUTLET 060724 Oil - Parks 33.09 79618 06/26/2024 GROCERY OUTLET 061724 Bleach - Parks 25.97 79616 06/26/2024 GHD INC 380-0052750 Rohner Creek Vegetation Monitoring 945.25 79617 06/26/2024 GRAINGER 9155028401 Supplies - WWTP 570.83 79615 06/26/2024 FREEDOM FUEL 22544 Equipment Fuel 15.05 79616 06/26/2024 GHD INC 380-0052727 CDBG Barrier Removal Project Service 3731 79614 06/26/2024 FORTUNA ACE HARDWARE 377845 Kennel Key Copies 9.96 79615 06/26/2024 FREEDOM FUEL 22540 Propane - WWTP 26.88 79614 06/26/2024 FORTUNA ACE HARDWARE 377832 High Output Battery - Utilities 325.48 79614 06/26/2024 FORTUNA ACE HARDWARE 377833 Battery Pack - Utilities 345.03 79614 06/26/2024 FORTUNA ACE HARDWARE 377775 Spray Paint - Vandalism Repair 28.21 79614 06/26/2024 FORTUNA ACE HARDWARE 377802 Toggle Bolts - PD 5.84 79614 06/26/2024 FORTUNA ACE HARDWARE 377654 Supplies - Parks 186.33 79614 06/26/2024 FORTUNA ACE HARDWARE 377682 Wrench/Batteries - Parks 57.45 79612 06/26/2024 ECOLAB 6346053521 River Lodge Sanitizer Chemicals FY 24/25 217 79613 06/26/2024 EDGE ANALYTICAL INC 24-13208 Compost Screening Service 592 79611 06/26/2024 DEPARTMENT OF JUSTICE 739396 Livescan Services 1351 79611 06/26/2024 DEPARTMENT OF JUSTICE 740168 Fingerprinting Service - Recreation 64 79609 06/26/2024 COLLEGE OF THE REDWOODS 24-201 Range Use/Maintenance 1.1.24 - 6.30.24 - PD 100 79610 06/26/2024 CSG CONSULTANTS 56710 Recology Franchise Agreement Analysis Srvc 3200 79607 06/26/2024 CALIFORNIA DEPT OF FISH & WILDLIFE 062424 Rohner Creek Erosion Stabilization Application Fee1849.25 79608 06/26/2024 CCAC 300002995 Annual Membership Renewal - S Emmons 250 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 6/26/2024 - 6/26/2024
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
Grand Total: 29438.47
6/26/2024 9:15:32 AM Page 2 of 4
79647 06/26/2024 WILDWOOD SAW 38739 Archer Blade - Streets/General Services 11.93 79647 06/26/2024 WILDWOOD SAW 38739 Archer Blade - Streets/General Services 11.93 79646 06/26/2024 USABLUEBOOK INV00384961 Probe Holder w/Protective Glove - WWTP 64.33 79647 06/26/2024 WILDWOOD SAW 38732 Muck Boots - Utilities 141.04 79645 06/26/2024 UNIVERSAL RECOVERY CORP 053124 May Collections 78.09 79645 06/26/2024 UNIVERSAL RECOVERY CORP 053124 May Collections 78.09 79644 06/26/2024 UBEO BUSINESS SERVICES 4545951 Printer Services FY 24/25 143.65 79644 06/26/2024 UBEO BUSINESS SERVICES 4545951 Printer Services FY 24/25 143.65 79644 06/26/2024 UBEO BUSINESS SERVICES 4545951 Printer Services FY 24/25 47.88 79644 06/26/2024 UBEO BUSINESS SERVICES 4545951 Printer Services FY 24/25 47.88 79644 06/26/2024 UBEO BUSINESS SERVICES 4545951 Printer Services FY 24/25 335.19 79644 06/26/2024 UBEO BUSINESS SERVICES 4545951 Printer Services FY 24/25 47.88 79643 06/26/2024 TRACTOR SUPPLY CREDIT PLA 840402 Kennel Supplies 89.47 79644 06/26/2024 UBEO BUSINESS SERVICES 4545951 Printer Services FY 24/25 430.99 79641 06/26/2024 SWRCB 061824 D3 Cert Renewal Fee - A Bowles 90 79642 06/26/2024 THOMAS R BESS INC 5322 Repair Overlay Delivery - Utilities 605.68 79639 06/26/2024 ST JOSEPH HEALTH NO CA 271300460391 SART Exam - PD 64 79640 06/26/2024 STATEWIDE TRAFFIC SAFETY 9009776 Sign Post Supplies - Streets 786.33 79637 06/26/2024 SPORT & CYCLE 228486 Rain Gear - Utilities 182.26 79638 06/26/2024 SPRINGVILLE SAFETY & SUPPLY 40299 Marking Paint - Utilities 195.3 79635 06/26/2024 RYDIN DECAL PS-INV119079 Invoice Sales Tax - PD 80.21 79636 06/26/2024 SIGHTSEER PRODUCTIONS 70224-000134 Inspection Coverage - PD 450 79633 06/26/2024 QUENCH USA INC INV07587662 Water Machine Service - Parks 107.42 79634 06/26/2024 RECOLOGY EEL RIVER 672734 Debris Disposal 28 79632 06/26/2024 PACIFIC GAS & ELECTRIC CO 06243473 69711643473 1208.58 79632 06/26/2024 PACIFIC GAS & ELECTRIC CO 06246726 44469516726 134.34 79631 06/26/2024 O'REILLY AUTOMOTIVE STORE 247631 BlueDef/Wiper Blades/Antifreeze - Utilities 146.16 79631 06/26/2024 O'REILLY AUTOMOTIVE STORE 247791 Brake Rotor/Disc Pad Set - Utilities 347.87 79631 06/26/2024 O'REILLY AUTOMOTIVE STORE 246096 Credit Core Return - Utilities -11.94 79631 06/26/2024 O'REILLY AUTOMOTIVE STORE 247569 Coolant Hose/Antifreeze - Streets 117.68 79630 06/26/2024 OPTIMUM 101288619 Fiber Optic Service FY 23/24 362.49 79630 06/26/2024 OPTIMUM 101288619 Fiber Optic Service FY 23/24 362.49 79630 06/26/2024 OPTIMUM 101288619 Fiber Optic Service FY 23/24 362.48 79630 06/26/2024 OPTIMUM 101288619 Fiber Optic Service FY 23/24 362.49 79628 06/26/2024 NORMAN'S DRY CLEANERS 24172-033-A River Lodge Linen Service 34.6 79629 06/26/2024 NYLEX.NET 15177 Laptop Set-up - River Lodge 68.75 79627 06/26/2024 NAPA AUTO PARTS FORTUNA 64257 Redisensor - PD 56.68 79628 06/26/2024 NORMAN'S DRY CLEANERS 24172-033-A River Lodge Linen Service 61.8 79627 06/26/2024 NAPA AUTO PARTS FORTUNA 63852 Fuel Pressure Sensor - WWTP 119.12 79627 06/26/2024 NAPA AUTO PARTS FORTUNA 64089 Hydraulic Filter - General Services 90.8 Expense Approval Report Payment Dates: 6/26/2024 - 6/26/2024 Payment Number Payment Date Vendor Name Payable Number Description (Item) 500-7012-6000 Certification 90
6/26/2024 9:15:32 AM Page 3 of 4
500-5715-6100 Vehicle Repairs 482.09
500-6210-6300 Internet Service 362.49
500-6505-6000 Utility - General & Electric 134.34
500-5520-6100 Base Materials 213.7
500-5525-6100 Asphalt 605.68
500-5705-6300 Equipment Maintenance 143.65
306-6020-5400 Legal Services 3200
500-5500-6100 Department Supplies 145.37
500-5500-6300 Department Supplies 1136.9
200-6025-4310 Professional Services 945.25
280-5500-4200 Department Supplies 798.26
280-5715-4200 Vehicle Repairs 117.68
160-5575-5800 Kitchen Chemical 217
160-5705-5800 Equipment Maintenance 47.88
160-5775-5800 Network Support 68.75
101-6025-9373 Professional Services 1849.3
160-5547-5800 User Group Linen 729.49
160-5565-5800 Janitorial Supplies 298.84
100-7015-1150 Dues & Subscriptions 250
100-7015-2000 Dues & Subscriptions 41.96
100-7405-2000 Special Expense 64
100-6210-2000 Internet Service 362.49
100-6505-2000 Utility - General & Electric 1208.6
100-6625-2000 Livescan Fees 1351
100-6025-5450 Professional Services 107.42
100-6035-5400 Personnel Services 164
100-6210-1500 Internet Service 362.48
100-5720-4100 Equipment Repair 90.8
100-5740-2000 Building Repair and Maintenance 119.27
100-5745-5450 Vandalism Repair 28.21
100-5705-4000 Equipment Maintenance 47.88
100-5705-5450 Equipment Maintenance 47.88
100-5715-2000 Vehicle Repairs 112.68
100-5565-5450 Janitorial Supplies 681.35
100-5705-1500 Equipment Maintenance 430.99
100-5705-2000 Equipment Maintenance 335.19
100-5500-5450 Department Supplies 276.87
100-5505-5450 Vehicle Fuel & Oil 15.05
100-5515-2000 Ammunition & Range Supplies 100
100-5500-2000 Department Supplies 1019.8
100-5500-2800 Department Supplies 99.43
100-5500-4100 Department Supplies 183.85
Grand Total: 29438
Account Summary
Account Number Account Name Payment Amount
100-5500-1500 Department Supplies 182.31
280 - Gas Tax Fund 915.94
306 - Recycle-Parks 3200
500 - Water Fund 3392.3
550 - Wastewater Fund 6359.3
830 - CDBG Business Fund 3731
Fund Payment Amount
100 - General Fund 7683.5
101 - Transaction and Use Tax Fund 1849.3
160 - Riverlodge Fund 1362
200 - Storm Drainage Fund 945.25
Expense Approval Report Payment Dates: 6/26/2024 - 6/26/2024 Report Summary
Fund Summary
Project Account Key Payment Amount
**None** 29438
Grand Total: 29438
6/26/2024 9:15:32 AM Page 4 of 4
550-7800-6700 Bad Debts 78.09
830-6025-9977 Professional Services 3731
Grand Total: 29438
Project Account Summary
550-5720-6600 Equipment Repair 1947.4
550-5766-6600 Bio solids Management 592
550-6210-6700 Internet Service 362.49
550-5500-6600 Department Supplies 1105
550-5500-6700 Department Supplies 1136.9
550-5705-6700 Equipment Maintenance 143.65
Account Number Account Name Payment Amount
500-7800-6300 Bad Debts 78.09
550-5500-6500 Department Supplies 993.81
Expense Approval Report Payment Dates: 6/26/2024 - 6/26/2024 Account Summary
Consent Item 4e
STAFF REPORT
City Council Consent Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Approval of the July 1, 2024 to June 30, 2025 Memorandum of Understanding (MOU) Concerning Working Conditions, Wages and Benefits with the Fortuna Employee Association (FEA)
STAFF RECOMMENDATION:
Staff is recommending the Council approve the MOU with the FEA for the term, July 1, 2024 to June 30, 2025.
EXECUTIVE SUMMARY:
Staff is presenting the completed MOU between the City and the FEA, for City Council approval.
The attached MOU incorporates the changes agreed upon between the City and the FEA during recent negotiations. Below is a summary of the changes. 2% Cost of Living Adjustment (COLA)
One-time Healthcare lump sum stipend of $684
5% Longevity threshold lowered to 5 years from 10 years Caesar Chavez added to Holidays
Cal Ore Life flight benefit to be paid for by City
Recreation programs will be available to employee’s children at no cost
FISCAL IMPACT
All fiscal impacts associated with the terms of the MOU’s have been reviewed by Council during the negotiations process. With the exception of the healthcare lump sum stipend all cost implications of the new MOU have been included into the fiscal year 2024-25 adopted budget.
The healthcare lump sum stipend is estimated to cost $24,000 and will need to be paid for from reserves. Approximately $9,600 will come from General Fund reserves and the remaining $14,400 will come from Water and Wastewater reserves.
RECOMMENDED ACTION:
1. Receive staff report and review Council questions with staff
2. Consent Agenda vote
ATTACHMENTS:
July 1, 2024 through June 30, 2025 Memorandum of Understanding with the FEA Consent Item 4e
DRAFT Park Worker Carpenter Matrix_2024-25
DRAFT Street Worker Matrix_2024-25
DRAFT Treatment Plant Operator Matrix_2024-25
DRAFT Utility Worker Matrix_2024-25
FEA MOU 2024-25
1 DRAFT Memorandum of Understanding
Between The City of Fortuna
and the
FORTUNA EMPLOYEES ASSOCIATION (FEA)
July 1, 2024 through June 30, 2025
SECTION I: PREAMBLE ......................................................................................................................................3 SECTION II: RECOGNITION .................................................................................................................................3 SECTION III: SOLE AGREEMENT ...........................................................................................................................4 SECTION IV: CITY RIGHTS ....................................................................................................................................4 SECTION V: ASSOCIATION RIGHTS......................................................................................................................6
1. BULLETIN BOARDS................................................................................................................................................6
2. DUES DEDUCTION ................................................................................................................................................6 SECTION VI: CONTRACT GRIEVANCE PROCEDURE ...............................................................................................6 SECTION VII: WAGES............................................................................................................................................8
1. WAGE ADJUSTMENTS ...........................................................................................................................................8
2. BI-WEEKLY PAYROLL.............................................................................................................................................8
3. LONGEVITY PAY ...................................................................................................................................................8
4. SHIFT DIFFERENTIAL..............................................................................................................................................9 SECTION VIII: INSURANCE .....................................................................................................................................9
1. HEALTH & WELFARE.............................................................................................................................................9
2. OPTING OUT OF MEDICAL COVERAGE ....................................................................................................................10
3. STATE DISABILITY PROGRAM ................................................................................................................................11 SECTION IX: HOLIDAY BENEFITS AND PAID LEAVES ........................................................................................... 11
1. PAID TIME OFF.......................................................................................................ERROR! BOOKMARK NOT DEFINED.
2. ACCRUED PAID TIME OFF/SICK LEAVE RECORDS .......................................................................................................11
3. ANNUAL PAID TIME OFF BUYBACK PROGRAM ..........................................................................................................12
4. HOLIDAYS* .......................................................................................................................................................12
5. SICK LEAVE .......................................................................................................................................................13
6. FAMILY SICK/BEREAVEMENT LEAVE.......................................................................................................................13
7. JURY DUTY........................................................................................................................................................14 SECTION X: HOURS OF WORK AND OVERTIME................................................................................................. 14
1. WORK PERIOD...................................................................................................................................................14
2. OVERTIME DEFINITION........................................................................................................................................14
3. FLSA 7(B) WORK PERIOD OVERTIME EXEMPTION....................................................................................................15
4. RATE OF OVERTIME............................................................................................................................................15
5. REST PERIODS....................................................................................................................................................15
6. ACCUMULATION OF COMPENSATORY TIME OFF (CTO).............................................................................................15 FEA MOU 2024-25
2 SECTION XI: OTHER PAY / INCENTIVES.............................................................................................................. 16
1. STANDBY ASSIGNMENTS ......................................................................................................................................16
2. CALL BACK ........................................................................................................................................................17
3. OUT OF CLASSIFICATION DIFFERENTIAL PAY ............................................................................................................17
4. INCENTIVE PROGRAM..........................................................................................................................................17
5. PROTECTIVE FOOTWEAR/BUSINESS APPAREL ALLOWANCE.........................................................................................18
6. TOOL ALLOWANCE FOR VEHICLE MECHANICS ..........................................................................................................18
7. RESIDENCY INCENTIVE .........................................................................................................................................18
8. EMPLOYEE USE OF PARK & RECREATION PROGRAMS ................................................................................................18
9. EDUCATION AND TRAINING REIMBURSEMENT..........................................................................................................18 SECTION XII: RETIREMENT SYSTEM.................................................................................................................... 19
1. MISCELLANEOUS EMPLOYEES (PERS LOCAL MISCELLANEOUS MEMBERS) RETIREMENT FORMULAS: .................................19 SECTION XIII: MISCELLANEOUS ........................................................................................................................... 19
1. PERSONNEL EVALUATIONS ...................................................................................................................................19
2. RAIN GEAR .......................................................................................................................................................20
3. PERSONNEL RULES .............................................................................................................................................20
4. FAIR LABOR STANDARDS ACT ...............................................................................................................................20
5. LAYOFFS ...........................................................................................................................................................20
6. NO STRIKE AND LOCKOUT ....................................................................................................................................20
7. WAIVER CLAUSE ................................................................................................................................................21
8. FULL UNDERSTANDING AND MODIFICATION............................................................................................................21
9. TERM OF AGREEMENT.........................................................................................................................................21
10. NOTIFICATION PROCEDURE ..................................................................................................................................21
11. SAVINGS CLAUSE................................................................................................................................................21 FEA MOU 2024-25
3 Section I: PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by and between the CITY OF FORTUNA , hereinafter referred to as the CITY, and FORTUNA EMPLOYEE ASSOCIATION, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious labor relations between the CITY and the ASSOCIATION, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
Section II: RECOGNITION
The City hereby recognizes the ASSOCIATION as the exclusive bargaining representative for those employees in the Fortuna Employees representation unit consisting of the classes below, and agrees to meet and confer and otherwise deal exclusively with the Association on all matters related to the scope of representation pertaining to said employees as authorized by law.
The City recognizes as represented by the association, the following classes of employees:
1. Account Clerk II/III
2. Accounting Technician
3. Building Inspector
4. Bus Driver II
5. City Carpenter III
6. Conference Center Coordinator
7. Facility Custodian
8. Lab Director
9. Park Maintenance Worker II/III/Lead
10. Treatment Plant Mechanic
11. Street Maintenance Worker II/III/Shift Supervisor
12. Treatment Plant Operator OIT/I/II/III/Shift Supervisor
13. Utility Worker II/III/Shift Supervisor
14. Vehicle and Equipment Mechanic
FEA MOU 2024-25
4 15. Lead Vehicle and Equipment Mechanic
16. Senior Administrative Assistant
Section III: SOLE AGREEMENT
A. This Agreement signed by the parties hereto, and approved by the City Council, supersedes all other Agreements between the parties on the items contained herein.
B. Neither party shall be obligated to meet and confer during the term of this Agreement on any matter contained within this Agreement. However, if during this term, the parties hereto should mutually agree to modify, amend, or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the City Manager for the City and the Association, and when approved by the City Council. Any such changes validly made shall become a part of this Agreement and subject to its terms.
C. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.
Section IV: CITY RIGHTS
It is agreed that during the term hereof, the City shall not be required to meet and confer on matters, which are solely a function of management.
Except as otherwise specifically provided in this Agreement, the City has and retains the sole and exclusive rights and functions of management including, but not limited to, the following:
A. To determine the nature and extent of service to be performed, as well as the right to determine and implement its public function and responsibility.
B. To manage all facilities and operations of the City, including the methods, means, and personnel by which the City operations are to be conducted.
C. The City shall retain, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law with respect to determining the level of, and the manner in which, the City's activities are conducted, managed, and administered, and the Association recognizes the exclusive right of the City to establish and maintain departmental rules and procedures for the administration of its departments.
D. The City has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City to establish, modify, or change work schedules or standards.
E. To direct the working forces, including the right to hire, assign, promote, demote, or transfer any employee.
FEA MOU 2024-25
5 F. To determine the location of all facilities.
G. To determine the layout and the machinery, equipment, or materials to be used.
H. To determine processes, techniques, methods, and means of all operations, including changes or adjustments of any machinery or equipment.
I. To determine the size and composition of the working force.
J. To determine policy and procedures affecting the selection or training of employees.
K. To establish, assess, and implement employee performance standards including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures of said assessment.
L. To control and determine the use and location of City's property, material, machinery, or equipment.
M. To schedule the operation of and to determine the number and duration of shifts.
N. To determine safety, health, and property protection measures.
O. To transfer work from one job to another or from one unit to another.
P. To introduce new, improved, or different methods of operations or to change existing methods.
Q. To layoff employees from duty for reasons of economy or because the need for a position no longer exists.
R. To reprimand, suspend, discharge, or otherwise discipline employees.
S. To establish, modify, determine, or eliminate job classifications.
T. To disseminate, modify, and enforce work and safety rules and regulations that do not contradict a specific provision of this Agreement.
U. To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
V. To contract or subcontract construction, services, maintenance, distribution, or any other work with outside public or private entities.
FEA MOU 2024-25
6 Section V: ASSOCIATION RIGHTS
1. Bulletin Boards
Authorized representatives of the Association shall be allowed to post Association notices on bulletin boards maintained on City premises, for a period of up to two (2) weeks. The Association shall not post notices that contain profane, obscene, or offensive content, as determined by the City.
2. Dues Deduction
Upon formal acknowledgement by the City of a Recognized Employee Organization as defined in Resolution 2007-04, A Resolution of the City Council of the City of Fortuna Establishing Policies Governing Employer-Employee Relations, such Recognized Employee Organization may be provided payroll deductions of membership dues upon written authorization of the individual employee on a form provided and maintained by the Association.. The City shall make any such authorized employee deductions based on certification from the Association and provide reports of these transactions to the Association. The Association hereby agrees to indemnify, defend and hold harmless the City for any loss or damages, claims or causes of action arising from Association dues deductions pursuant to this agreement. It is also agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be. In the event that any provision of the section is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the City will cease abiding by such provision.
Section VI: CONTRACT GRIEVANCE PROCEDURE
A. A grievance shall be considered as any matter for which appeal is not provided, or is prohibited, in the City of Fortuna Personnel Rules and Regulations, the Fortuna Municipal Code, or in this MOU concerning:
1. A claimed violation or non-compliance with the provisions of this MOU.
2. A dispute about the interpretation or application of any City ordinance, rule or regulation governing personnel practices or working conditions.
3. A dispute about the practical consequences of a City decision on hours and other terms and conditions of employment.
B. The following matters are specifically excluded from the grievance procedure:
1. All disciplinary actions (Refer to Rule XV Disciplinary Rules and Processes)
2. The content of performance evaluations
FEA MOU 2024-25
7 3. Layoff
4. Transfer
5. Denial of reinstatement
6. Denial of a pay increase. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation
7. Challenges to a reclassification, examination or appointment to position
8. Management of the City generally, or issues of City or department policy
9. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs
10. Methods of financing
11. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force
12. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions
13. Determination of work assignments and schedules
14. Determination of productivity or performance programs and standards
15. Determination of standards, policies, and procedures for selection, training, and promotion of employees and
16. Establishment, implementation, and modification of department organizations, supervisory assignments, chains of command, and reporting responsibilities.
C. The following are the steps to be taken by any employee who has a grievance. It should be noted that any employee who has a problem or a complaint should try to resolve the problem at the lowest level of management. This should begin through discussion with the employee's immediate supervisor.
Step 1
(a) The employee shall explain the situation to the immediate supervisor who shall either alone or together with his or her supervisors reach a decision and communicate it to the employee in writing within ten (10) working days after receipt of the grievance.
Such discussion shall be initiated within ten (10) working days of the incident complained of, or within ten (10) working days from the date the employee should FEA MOU 2024-25
8 have reasonably become aware of the incident, or the grievance is deemed to have been waived.
Step 2
(a) If the grievance is not settled at the first step, or if the grievance directly concerns the employee’s immediate supervisor, the employee may submit to the department head the grievance in writing within ten (10) working days of the written response, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.
(b) The department head shall notify the employee in writing of his or her decision within ten (10) working days after receipt of the notice or grievance.
Step 3
(a) If the grievance is not settled at the second step, the employee may within ten (10) working days of the written response submit the grievance in writing to the City Manager, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required. (b) The City Manager shall notify the employee, the Department Head, and the employee's immediate supervisor in writing of his/her decision within ten (10) working days after receipt of notice of grievance. The City Manager’s decision is final and binding.
D. Failure of the employee to follow the procedure or time frames provided in the Grievance Procedure shall constitute grounds for dismissing the grievance.
Section VII: WAGES
1. Wage Adjustments
During the term of this one-year agreement, all Association employees shall receive a 2% Cost of Living Adjustment (COLA) increase to their base pay for Fiscal Year (FY) 2024-25.
Represented employees employed by the City on July 1, 2024 will receive a one-time healthcare offset lump sum stipend of $684.00 per represented employee payable no later than the August 16, 2024 payroll. Represented employees hired after June 30, 2024 will not be eligible for the healthcare offset lump sum stipend.
2. Bi-Weekly Payroll
City employees shall be paid on a bi-weekly basis on Fridays.
3. Longevity Pay
Upon completion of five (5) years of continuous employment with the City of Fortuna, eligible employees shall receive an additional five percent (5%) of base wage as longevity FEA MOU 2024-25
9 pay. Upon completion of 15 years of continuous employment with the City of Fortuna, eligible employees shall receive an additional two percent (2%) of base wage as longevity pay. Upon completion of 20 years of continuous employment with the City of Fortuna, eligible employees shall receive an additional two percent (2%) of base wage as longevity pay.
Longevity pay will not be paid retroactively for work performed prior to July 1, 2024 for employees who have worked more than five years, but will be effective and paid as of July 1, 2024.
4. Shift Differential
A. Any employee whose shift is changed and as a result the entire shift falls between the hours of 4:30 p.m. and 8:00 a.m. shall receive one dollar ($1.00) per hour in addition to his or her wage.
B. This section shall not apply to employees whose normal shift may fall within these hours.
C. If an employee is required to work overtime during all or part of those hours between 4:30 p.m. and 8:00 a.m., he or she shall not receive shift differential but shall be compensated in a normal overtime manner.
Section VIII: INSURANCE
1. Health & Welfare
The City agrees to provide medical, dental, vision and life insurance for employees in the Fortuna Employee Association.
A. For the term July 1, 2024 – June 30, 2025, for all employees in the Fortuna Employees Association, the employee contribution towards medical, dental, vision, life insurance, and employee assistance program shall be as follows:
2024-2025 MONTHLY COSTS WITH $250 DEDUCTIBLE
Employee Employee +1 Employee +2
(or more)
Medical- Anthem/Blue Cross $1,075.00 $2,252.00 $3,215.00 Vision-VSP 18.20 18.20 18.20
Dental-Ameritas 56.84 96.20 143.20
Life (10,000) 1.65 1.65 1.65
Employee Assistance Program 2.84 2.84 2.84
TOTAL INSURANCE COSTS $1,154.53 $2,370.89 $3,380.89
Amount paid by City $993.29 $2,033.09 $2,898.65
Amount paid by Employees $161.24 $337.80 $482.24
FEA MOU 2024-25
10 B. The cost of medical premiums will be split between the City at 85% and the employee at 15%.
C. The City will provide a vision plan and a dental plan through the Redwood Empire Municipal Insurance Fund (REMIF) for all represented employees. Vision and dental coverage are optional; however, if an employee declines the coverage amount paid by the employee will stay the same.
D. Life insurance is provided for full-time City employees under REMIF. The City contributes the premium for ten thousand dollars ($10,000) term life insurance per employee.
E. Cal Ore Life Flight benefits will be provided for FY 2024-25, for all full time benefitted employees and their household. Employees that opt-out of medical coverage will also be provided Cal Ore Life Flight benefits at no additional cost.
F. The City offers an employee assistance program that offers 24/7 counseling, nursing, legal, and financial assistance for employees. The City pays this benefit in full for all full time employees.
G. The City will provide access to Aflac supplemental insurance options to all City employees. Premiums for supplemental insurance are to be paid by the employee and may be set up on a “pre-tax” payment schedule.
2. Opting Out of Medical Coverage
A. Under the following circumstances, a full-time employee may decline medical coverage, and receive a stipend for opting out of coverage provided the following conditions are met:
1. The medical insurance plan must allow an employee to decline coverage, and the employee can meet any and all requirements for opting out of coverage.
2. The employee must provide written proof of other coverage.
3. All local, federal and state laws must be observed, as well as conditions of any contract into which the City has entered, or will enter; particularly the Section 125 plan the City has in place.
B. This MOU provides for employees to opt out of the medical insurance coverage and receive $500.00 per month paid out in two equal payments in the first two paydays of the month, as long as the employee works in a full time capacity for two full pay periods in the month. In order to exercise this option, an employee must provide evidence of other insurance coverage provided by a member of his/her immediate family. If an employee does opt out, he/she will not be eligible to come back into the City plan until the next open enrollment period, or in the case of a qualifying event as stated in the medical insurance contract.
FEA MOU 2024-25
11 C. If an employee chooses to “opt out” of the medical coverage, the employee will still have the option to be covered for Vision and Dental only. The cost to the employee would be the minimum monthly contribution rate of: $50 single/$75 employee +1/$100 employee +2, respectively for both, as a package. The employee share for the Vision/Dental package will be deducted from the employee’s bi-weekly paycheck twice a month split in equal amounts if the employee chooses this option.
3. State Disability Program
All employees covered by this MOU are required to enroll for State Disability Insurance (S.D.I.) benefits. S.D.I. benefits shall be integrated with sick leave benefits. S.D.I. premiums are to be paid by the employee.
SDI benefit as determined by the State will be applied first. Long Term Disability benefits, if applicable, will be applied second. Accrued sick leave, paid time off, and approved personal leave will then be applied in a proportionate amount which, when added to SDI, will provide compensation equal to the employee’s regular wage or wage. Under no circumstances will an employee be permitted to aggregate SDI, or other benefits in an amount exceeding the employee’s regular wage or wage.
Section IX: HOLIDAY BENEFITS AND PAID LEAVES
1. Paid Time Off (PTO)
The paid time off schedule for all employees represented by the Association shall be as follows:
Full Years of Service
Completed by Employee
Number of Working Days of
Paid time off Earned
1 through 5 years 80 Hours annually
6 through 10 years 120 Hour annually
11 years and Over 160 Hours annually
Paid time off leave may be taken as it accrues, after one year of employment. Each employee in the Fortuna Employees representation unit shall be granted at least eighty (80) hours paid time off per calendar year provided the employee has paid time off time accrued.
An employee who becomes ill during his or her scheduled paid time off may elect to use sick leave in lieu of paid time off time, provided their supervisor is notified at the beginning of the illness and at the end of the illness or injury and, provided further, the employee, upon return from paid time off, furnishes the Human Resources Manager with a certificate from a medical doctor stating the nature and extent of the employee's illness or injury during his or her paid time off.
2. Accrued Paid time off/Sick Leave Records
The City will provide each employee on a bi-weekly basis a record of accrued paid time off and sick leave which the employee has earned. Paid time off may be accumulated up to an amount FEA MOU 2024-25
12 equal to an employee's allowable paid time off credits for two (2) years. Once an employee has reached the maximum accumulation limit for paid time off leave, the employee will cease accruing additional paid time off benefits until the employee has used a portion of his or her accrued paid time off and reduces his or her balance below the maximum accumulation limit.
Thereafter, paid time off benefits will again begin to accrue, on a prospective basis only, until the employee again reaches the maximum accumulation limit.
3. Annual Paid time off Buyback Program
On an annual basis the City agrees to allow those employees covered by this MOU to sell up to one hundred (100) hours of paid time off. The minimum leave time which may be subject to the buyback is eight (8) hours. Paid time off time may be sold back two times each fiscal year to a maximum of 100 hours. In order to participate in this program, the employee must return a form approved by management that is dated and signed. Payment will be made at the regular pay rate as of the date the form is submitted to the Finance Department. Paid time off time bought back pursuant to this provision shall be subtracted from the employee’s accumulated paid time off time balance when paid. Upon separation, all unused accrued paid time off leave shall be paid to the employee at his or her regular rate of pay.
4. Holidays*
A. The City agrees to pay all full-time regular employees in the Fortuna Employees representation unit for twelve (12) holidays per year. Recognized holidays are: New Year's Day, Martin Luther King Jr., the day observed as President’s Day, Ceasr Chavez, Memorial Day, Juneteeth, Veteran’s Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other day proclaimed by the Fortuna City Council as a public holiday, day of mourning or day of thanksgiving.
Employees shall receive eight (8) hours of pay for a holiday.
B. In addition to the twelve (MOU) paid holidays referenced above, in lieu of providing paid holidays on, Admissions Day and Columbus Day, the City agrees to provide two (2) floating holidays for those employees covered by this MOU. Floating holidays will be accrued at the time the actual holidays occur. Floating holidays may be accrued up to a maximum of 10 days. The timing of taking the floating holidays shall be subject to management's approval.
C. An employee required to work on a paid holiday (except scheduled floating holidays) will be compensated one and one half times the regular rate of pay for all such time worked and may be given an equivalent amount of time off (eight (8) straight time hours) in the same pay period or to bank the equivalent amount as CTO not to exceed the maximum one hundred and sixty (160) hours as provided in Paragraph 26 of this MOU. (*A holiday that falls on a weekend is usually observed on the closest weekday (e.g. a holiday falling on a Saturday is observed on the preceding Friday, while a holiday falling on a Sunday is observed on the succeeding Monday.)
FEA MOU 2024-25
13 5. Sick Leave
Sick leave is a benefit, and should be used only when necessary. The accrual rate for sick leave is 8 hours for each calendar month of service.
A. Sick leave shall not be considered a privilege, which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability.
Sick leave may be used, with prior department head approval, for dental, eye, and doctor appointments.
B. Employees who have accumulated four hundred eighty (480) or more hours of sick leave may on an annual basis convert any sick leave accumulated over four hundred eighty (480) hours to a cash payment at twenty-five percent (25%) of the value of said sick leave time over four hundred eighty (480) hours.
C. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to, or within thirty (30) minutes after the time set for beginning his or her daily duties, or as may be otherwise specified by the employee's department head. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay and may result in disciplinary action.
6. Family Sick/Bereavement leave
A. An employee may be granted up to forty eight (48) hours per Fiscal Year for family sick leave with pay, per California Labor Code Section 233, utilizing an employee’s accumulated sick leave for family illness purposes. Family sick leave is applicable when the employee's presence is necessary to provide or arrange proper care for the employee’s ill child or an ill member of the employee's immediate family or immediate household.
For family sick leave purposes, immediate family member shall include spouse, domestic partner, parents, children and other close relatives, with the approval of the Department Head. Misuse of family sick leave privileges is grounds for disciplinary action.
Family sick must be taken in not less than quarter hour increments.
B. An employee may be granted up to forty (40) hours bereavement leave with pay.
Bereavement leave is applicable when death occurs in the employee's immediate family.
Such family could include spouse, domestic partner, parents, children, stepchildren, children of a domestic partner, grandparent, grandchild, brother, sister, mother/father-inlaw, parent of a domestic partner, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or other person as approved by the Personnel Officer. Misuse of bereavement leave privileges is grounds for disciplinary action. Bereavement leave shall be approved by the City Manager.
C. For purposes of this section, domestic partner means an individual as defined in Family Code section 297 et seq.
FEA MOU 2024-25
14 7. Jury Duty
A. Any employee who is required to report for jury duty shall receive full pay for such absence from duty provided the employee endorses to the City any checks or warrants received in payment for jury duty exclusive of mileage for personal vehicles or other outof-pocket expenses incurred due to jury duty and provides verification of jury duty service.
B. An employee summoned to serve on a jury must notify his or her supervisor or department head as soon as possible after receiving notice of both possible and actual jury service.
C. Time spent on jury duty is not work time for purposes of calculating overtime compensation.
Section X: HOURS OF WORK AND OVERTIME
1. Work Period
For purposes of the Fair Labor Standards Act (FLSA) the City and the association agree for the term of this MOU, all employees represented by the Fortuna Employees Association, the normal work period shall consist of forty (40) hours worked within seven (7) consecutive days beginning at 12:00 a.m. Sunday and ending 11:59 p.m. on the successive Saturday, or as otherwise designated for employees on a flexible schedule.
Schedule of hours of employment shall be established by the department head with the approval of the City Manager. The department head, with the approval of the City Manager, may change the work week for any group of employees. The employee's regular work period shall consist of no more than forty (40) working hours during a seven (7) day period.
For a shift that begins on one day and ends on the following day, the “work day” shall be the day the shift began.
A. All employees shall be assigned to work shifts with regular starting and ending times.
Assigned work shifts are subject to change.
Upon request of the employee, the City Manager or his/her designee shall consider the feasibility of flexible work schedules. The City retains the sole right to determine whether to approve and continue flexible work schedules.
2. Overtime Definition
Except for standby provisions as described below, overtime is defined as hours worked in excess of forty (40) hour per week. Employees will not work overtime without prior authorization from their supervisor or department head, except in case of emergency.
FEA MOU 2024-25
15 3. FLSA 7(b) Work Period Overtime Exemption
Regarding work periods for Waste Water Treatment Plant (WWTP) operations employees:
Fortuna Employees Association petitioned and received certification under Section 7(b) of the Fair Labor Standards Act of 1938 to modify the standard work day and work week to provide for the following:
The Fortuna Employees Association, representing WWTP Operations Employees, modified work day and work week includes the existing standard work day of 8 hours and a standard hour work week of 40 hours to also include, with the concurrence of the City the following option:
10 consecutive 8 hour days with 4 consecutive days off, described herein as the ‘10-8’ shift.
For purposes of the FLSA the 52 week 7(b) work period for WWTP Operations Employees shall be fourteen (14) days and shall consist of no more than eighty (80) hours within said work period at non-overtime rate of pay.
Under this agreement, overtime is defined as time worked in excess of the scheduled work day or time worked on a scheduled day off. In all events, time worked in excess of the hours specified above for a work period under the FLSA shall be overtime.
4. Rate Of Overtime
Unless otherwise specified overtime shall be paid at the rate of one and one-half (1-1/2) times the employee's base rate of pay. The employee shall have the choice of taking overtime in cash or compensatory time off.
For all positions represented by the Association, for the purpose of overtime calculations, the base rate will include incentive pay, longevity pay, and special assignment pay as applicable.
5. Rest Periods
A. Each employee covered by this Agreement will be afforded rest periods.
B. The length of the rest periods will be fifteen (15) minutes during the first half of an employee's work shift, and fifteen (15) minutes during the last half of an employee's work shift, unless the City and the Association agree otherwise in writing.
C. Travel time spent during a rest period to reach a destination shall be counted toward the allotted time for that rest period.
6. Accumulation Of Compensatory Time Off (CTO)
A. Employees represented by the Association acknowledge that it is in the best interest of the City to avoid overtime, and agree to work with their supervisors and department heads to FEA MOU 2024-25
16 rearrange their work week whenever possible to avoid the occurrence of overtime. In the event that overtime must be incurred, employees represented by the association will have two options: 1) be paid at one and one-half (1.5) times the employee's regular rate of pay, or 2) accumulate compensatory time off at the rate of one and one-half (1.5) times for each overtime hour worked up to a maximum of one hundred sixty (160) hours to be taken off at a later time as requested by the employee, and approved by the Supervisor.
B. Once an employee has banked a maximum of 160 hours of compensatory time, any additional overtime will be paid to the employee.
Banked CTO time may be sold back two (2) times each Fiscal Year up to a maximum of 80 hours on the next regular pay day, provided the request is made at least one (1) week prior to such payday.
C. An employee who has accrued compensatory time off shall be permitted by his/her supervisor to use such compensatory time within a reasonable period of time after making the request if the use of compensatory time does not unduly disrupt the operations of the City. Compensatory time off must be used in increments of not less than one-quarter hour.
Section XI: OTHER PAY / INCENTIVES
1. Standby Assignments
A. An employee who is required to remain on standby shall receive an additional twentynine dollars ($29) per day as standby allowance. A day is similar to a shift day in that it begins at 8:00 a.m. and runs to 7:59 a.m. the following morning. Because the “shift day” begins on one day and ends on the following day, it is understood the standby day shall be the day when the shift began. Employees who are called out while on standby shall receive two (2) hours minimum at time and one-half. Any employee who is called out on New Year’s Day, Christmas Day, Thanksgiving Day, or 4th of July, and works a minimum of eight (8) hours shall receive time-and-a half plus get (8) hours holiday to put in a bank to cash out; or may take the holiday on a different day within the same pay period.
B. An employee required to be on standby must be ready to report to work, fit for duty, within 30 minutes of notification. If not fit for duty, or if not reporting within 30 minutes, the employee's standby allowance shall be forfeited and disciplinary action may be initiated.
C. Consistent with the current city vehicle policy, employees assigned to stand – by (or oncall) are permitted to take a city vehicle home for the purpose of assisting in a more rapid response to any call-back duties.
D. Utility Worker and Operator classes shall be subject to Standby Duty Assignment.
Standby Duty will be assigned by the supervisor in charge of the Utility Division.
FEA MOU 2024-25
17 Employees assigned cannot exchange this duty without the knowledge and permission of the supervisor in charge. The City will provide the employee assigned Standby Duty a pager unit or other form of portable communication for notification of an emergency.
2. Call Back
When an employee represented by the Association is called out or called back to work at any time other than his/her scheduled work time, the employee shall be compensated for a minimum of two (2) hours pay at the rate of one and one-half (1.5) times the employee's regular rate of pay, except that there shall be no minimum compensation guarantee in the event that such time is scheduled contiguous to the employee's regular duty shift. When an employee represented by the Association is scheduled for work outside of their regular duty shift, as required by the Director, in the case of an emergency as declared by the City Manager, the employee shall be compensated at the rate of one and one-half (1.5) times the employee's regular rate of pay, only for the number of hours worked. If the employee should complete the work required, leave the work location, and subsequently be recalled during the two hours being compensated for as a result of the initial call out, or call back, no additional compensation will be paid until two hours have been worked by the employee.
3. Out of Classification Differential Pay
Upon specific written assignment by the City Manager or his/her designee, an employee may be required, during a recruitment process for an unfilled position of a higher classification, to perform the duties in a job classification for which the rate of pay is greater than the employee's regular rate of pay. An employee so assigned for more than five (5) consecutive days shall receive an additional five percent (5%) of his or her base wage for all hours worked in such assignment. An employee so assigned shall not suffer any loss of benefits due to such assignment. Time worked in a higher rank shall not be credited toward the completion of probationary requirements in the higher rank.
4. Incentive Program
Certain members of the Association are eligible for incentives. For incentives achieved prior to July 1, 2011 incentives shall be paid as shown in the following table:
Position Incentive* Certification
Lab Director $2,000/year Waste Water II Certificate
Building Inspector 2% for each, up to max of four ICC Certificates: Combination, Plumbing, Electrical, Mechanical
*percentage applied to base pay
For incentives achieved on, or after, July 1, 2011, incentives shall be paid as shown in Attachment A; “Public Works Qualification and Incentive Matrices” City and Association agree to meet and discuss integration of incentives into job descriptions.
FEA MOU 2024-25
18 5. Protective Footwear/Business Apparel Allowance
The City will provide an annual stipend up to $200.00 per Fiscal Year (July 1 to June 30) for the purchase of work boots and/or business attire based on job classification. The stipend will accumulate and be paid out one time annually and be included in the last pay period of the Fiscal Year. The stipend will be pro-rated for new employees or employees that leave employment prior to the end of the Fiscal Year.
6. Tool Allowance for Vehicle Mechanics
The City will reimburse up to two (2) vehicle mechanics up to $1,000 per Fiscal Year to purchase personal hand tools needed to perform their duties for the City of Fortuna. Requests for reimbursement will require purchase receipts and written approval of the Department Head.
7. Residency Incentive
As an incentive for employees to live within or near the city limits of the City of Fortuna, all Association employees who reside within 20 miles of the city limits of the City of Fortuna shall receive $50.00 per month as additional compensation.
8. Employee Use of Park & Recreation Programs
A. The following programs are offered to City Employees free of charge:
President's Week – 4 days
Spring Break – 5 days
Summer Fun/Kiddie Kamp – 10 weeks
Thanksgiving Week – 3 days
Winter Break – up to 8 days
Public Skating at the Firemen’s Pavilion in Rohner Park Youth Basketball
Basketball Camp
B. Children of employees of the City of Fortuna may attend the summer and holiday programs the Parks & Recreation Department offer free of charge. Employee’s must enroll their Children during the designated employee enrollment period, which will open to employees prior to the enrollment period for the general public. If employee’s enroll their children after the designated employee enrollment period, the employeee’s children may be subject to a waitlist.
9. Education and Training Reimbursement
FEA MOU 2024-25
19 A. As an incentive to employee education and training, the City will reimburse employees one time for successful completion of certain coursework and exams related to their employment with the City. Reimbursements must be pre-approved by the Department Head and City Manager, and reimbursement will be given following the satisfactory completion of the course and/or exam. Books and reusable materials will become the property of the City and will be made available for use by other employees.
B. In order to assist employees who may not be financially able to bear the costs while waiting for reimbursement, the City Manager may approve an employee’s written request to prepay costs associated with approved education and training. These costs will be paid only one time per class, test, or related education and training, regardless of whether the employee passes or fails. If any employee does not pass, the cost for any subsequent attempts for the same class, test or related education and training will be paid by the employee.
Section XII: RETIREMENT SYSTEM
1. Miscellaneous employees (PERS Local Miscellaneous Members) Retirement Formulas:
1. If employed on or after January 1, 2013, AND a “New” PERS member (New member as defined by PERS), employee shall receive the 2%@62 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months.
For the 2% @ 62 formulas the employee contribution is paid by the employee and will change each fiscal year to be at least 50% of the normal cost rate as determined by PERS.
2. If employed on or after March 1, 2012, AND a “Classic” PERS member (Classic member as defined by PERS), employee shall receive the 2%@55 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. The 7% employee contribution is paid by the employee.
3. If employed prior to March 1, 2012, employee shall receive the 2.7%@55 (Full) PERS retirement formula, with the final compensation defined as the single highest year. The 8% employee contribution is paid by the employee.
4. If employed prior to June 24, 2012, employee shall receive the 2.7%@55 (Full) PERS retirement formula, with the final compensation defined as the single highest year.
The 8% employee contribution is paid by the employee.
Section XIII: MISCELLANEOUS
1. Personnel Evaluations
FEA MOU 2024-25
20 A. For probationary employees, a performance evaluation is required, at a minimum, every six months.
B. Permanent employees, shall be evaluated annually from the anniversary date of original hiring or current position.
C. If an employee does not agree with an evaluation, the employee may prepare a written response to the evaluation which shall be kept in the employee’s personnel file with the contested evaluation. The employee also may request a meeting with the City Manager to discuss the evaluation.
D. A special employee performance evaluation may be done at any time to recognize exceptional, marginally acceptable, or unacceptable performance but would not be attached to a pay increase.
2. Rain Gear
The City will provide one set of adequate rain gear for each employee required to work outdoors in the rain on a regular basis.
3. Personnel Rules
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of this MOU. Where appropriate, City will meet and confer with applicable employee group or groups (Government Code Section 3300 and following), before amending or creating new personnel rules.
4. Fair Labor Standards Act
All positions included in this Memorandum of Understanding are covered by appropriate sections of the Fair Labor Standards Act of 1935, as amended.
5. Layoffs
Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the City Council may abolish a position in the classified service. Employees laid off or demoted under the provisions of this section shall be given at least two (2) weeks prior written notice.
In those cases wherein a classified employee is demoted in lieu of layoff, the employee who is placed in a lower job classification will be placed at the wage step representing the least loss in pay.
6. No Strike and Lockout
During the term of this agreement, the City agrees that it will not lock out employees; and the Association, despite any sanctions or instructions by the Association, agrees that they will not FEA MOU 2024-25
21 engage in, encourage, or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this agreement, recognizing, with the City, that all matters of controversy within the scope of this agreement shall be settled by established grievance procedures.
7. Waiver Clause
City and Association agree that, for the life of this agreement, each voluntarily and without qualification waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter pertaining to or covered by this Agreement, notwithstanding any other provisions of law to the contrary.
8. Full Understanding and Modification
This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters, are hereby superseded or terminated in their entirety. Any modification or amendment to this MOU must be agreed to in writing by both the Association and the City.
9. Term of Agreement
This Agreement shall be effective from July 1, 2024 and shall continue in effect through June 30, 2025.
10.Notification Procedure
The Association will notify the City by November 15, 2024 of its intent to open contract meet and confer sessions for the following Fiscal Year. Absent notification, the existing Agreement will remain in effect until June 30, 2025. The City may reopen contract meeting and conferring if necessary.
11.Savings Clause
If any section or subsection of this Agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation, or by judicial authority, all other sections or subsections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event of invalidation of any section or subsection of this Agreement, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring over said section or subsection.
FEA MOU 2024-25
22 City of Fortuna Fortuna Employees
Association
Merritt Perry
City Manager
Date Jason Johnson, President Date
Siana L. Emmons
City Clerk/Human Resources
Manager
Date Matt Rogers, Vice President Date
ATTACHMENT “A”
Reviewed and Updated June 2024
NOTE: MUST BE MINIMUM OF 18
YEARS OF AGE IN ORDER TO DRIVE CITY VEHICLES.
City Carpenter III Park Maintenance
Worker II
Park Maintenance
Worker III
Lead Park Maintenance
Worker
Minimum Level of Supervision General direction of
General Services
Superintendent
General direction of
General Services
Superintendent
General direction of
General Services
Superintendent
General direction of General
Services Superintendent
Skill Level Top-level experienced Entry-level Mid-level experienced Top-level experienced, front line supervisor
Probationary Period 12 months 12 months 12 months 12 months Certifications/Job Requirements
Note: Required at time of hire, unless
otherwise noted
Valid CDL Valid CDL Valid CDL Valid CDL
Covered by DOT No (Yes if Class B
License is obtained) No No No
Drug Testing NO (Yes. DOT – Preemployment and random
if Class A or B is
obtained)
Pre-employment Pre-employment Pre-employment
Desired Level of Education/Experience 3 years of journey level experience in building
trades work.
Demonstrated supervisory
skills.
2 years of experience in
facility maintenance and
grounds keeping including
semiskilled work in the
areas of basic carpentry,
electrical, plumbing,
concrete, irrigation and
painting.
3 years of experience in
facility maintenance and
grounds keeping
including skilled work in
the areas of basic
carpentry, electrical,
plumbing, concrete,
irrigation and painting.
3 years of experience in facility
maintenance and grounds keeping
including skilled work in the
areas of basic carpentry,
electrical, plumbing, concrete,
irrigation and painting.
Demonstrated supervisory skills.
City Paid Training Class B License N/A N/A N/A
Incentives per MOU
2 position within the Park Worker Class,
to be determined by the General Services
Superintendent, will receive a $1500 a
year incentive for maintaining a
Playground Inspection Certificate.
REMIF paid training.
2 positions within the Park Worker Class,
to be determined by the General Services
Superintendent, will receive a $1500 a
year incentive for maintaining a Pesticide
Application Certificate. City paid
training.
Two (2) positions within the Street
Worker or Carpenter Class, to be
$50/month residency
incentive
$700/yr. for CDL Class B
$50/month residency
incentive
$50/month residency
incentive
$50/month residency incentive
CITY OF FORTUNA
PARK WORKER & CITY CARPENTER QUALIFICATION/INCENTIVE MATRIX ATTACHMENT “A”
CITY OF FORTUNA
PARK WORKER & CITY CARPENTER QUALIFICATION/INCENTIVE MATRIX Reviewed and Updated June 2024 determined by the General Services
Superintendent, will receive a $1700 a
year incentive for maintaining an IMSA
Traffic Signal Technician 1 Certificate.
City paid training.
CITY OF FORTUNA
STREET WORKER QUALIFICATION/INCENTIVE MATRIX
ATTACHEMENT “A” Reviewed and Updated June 2024
NOTE: MUST BE MINIMUM OF 18 YEARS OF AGE IN ORDER TO DRIVE CITY VEHICLES.
Vehicle Mechanic Street Worker II Street Worker III Lead Street Worker Minimum Level of
Supervision
General direction of
General Services
Superintendent
Generalsupervision of
Lead Street Worker
General direction of Lead
Street Worker
General direction of
General Services
Superintendent
Skill Level Mid-level experienced Entry-level Mid-level experienced Top-level experienced, front line supervisor
Probationary Period 12 months 12 months 12 months 12 months Certifications/Job
Requirements
Note: Required at time of
hire, unless otherwise noted
Valid CDL
Class B within 6 months
of hire
Valid CDL
Class B within one year of
hire
Class B CDL
Demonstrated ability to
operate heavy machinery
including boom mower,
street sweeper, backhoe
Class B CDL
Demonstrated ability to
operate heavy machinery
including boom mower,
street sweeper, backhoe
Covered by DOT? Yes – Class A or B CDL Yes – Class A or B CDL Yes Class A or B CDL Yes Class A or B CDL Drug Testing Yes. DOT –
Pre-employment and
random
Yes. DOT –
Pre-employment and
random
Yes. DOT –
Pre-employment and
random
Yes. DOT –
Pre-employment and
random
Respond to call-outs/pager
duty? If yes - 30 minute
response needed.
No Yes Yes Yes
Desired Level of
Education/Experience
3 years of responsible
work experience in fleet
vehicle and equipment
maintenance, with some
supervisory experience.
Prior work in related field
preferred
2 years of increasingly
responsible work
experience similar to
Fortuna Street Worker II.
One year experience
operating heavy equipment.
3 years of increasingly
responsible work
experience similar to
Fortuna Street Worker III,
including 1 year of
supervisory experience,
and one-year experience
operating heavy
equipment.
City Paid Training Class B License Class B License N/A N/A Incentives per MOU
2 positions within the Street
Worker Class, to be
determined by the General
Services Superintendent,
will receive a $1500 a year
incentive for maintaining a
Pesticide Certificate. City
paid.
$50/month residency
incentive
$1500/yr. for receiving
and maintaining a (Diesel
Emission) Certificate
$50/month residency
incentive
$630/yr. for each:
D1 or D2
Pager pay: $29/day
$50/month residency
incentive
$630/yr. for each:
D1 or D2
Pager pay: $29/day
$50/month residency
incentive
$630/yr. for each:
D1 D2
Pager pay: $29/day
CITY OF FORTUNA
STREET WORKER QUALIFICATION/INCENTIVE MATRIX
ATTACHEMENT “A” Reviewed and Updated June 2024
2 positions within the Street
Worker or Carpenter Class,
to be determined by the
General Services
Superintendent, will receive
a $1700 a year incentive for
maintaining an IMSA
Traffic Signal Technician 1
Certificate. City paid..
CITY OF FORTUNA
TREATMENT PLANT OPERATOR (TPO) QUALIFICATION MATRIX
Reviewed and Updated June 2024
1 NOTE: MUST BE MINIMUM OF 18 YEARS OF AGE IN ORDER TO DRIVE CITY VEHICLES.
Treatment Plant Mechanic OIT/TPO I TPO II TPO III
(Shift Supervisor)
Minimum Level of
Supervision
Generalsupervision of the
Chief Plant Operator
Generalsupervision by Shift
Supervisor
Generalsupervision by Shift
Supervisor
General direction by Chief Plant
Operator
Skill Level Entry, no experience or
certification required
Entry-level as OIT, TPO I
contingent upon WWI
certificate.
Mid-level experienced Top-level experienced
Front-line Supervisor
Probationary period 18 Months
24 months or successful
completion of WWI, whichever
occurs first (One Step increase
once TPO I is achieved)
18 months 18 months
Certifications/Job
Requirements
Valid CDL Valid CDL Valid CDL
WW2
T1
Valid CDL
WW2
T2
Note: Required at time of
hire, unless otherwise
indicated
Grade 1 Collection System
Maintenance Technologist
through CWEA within 18
month of hire (with Incentive)
WW1within 24 months
T1 or T2 within 18 months
T2 within 12 months WW3 within 18 months
AWWA/CWEA Lab Cert
within 12 months
Covered by DOT? No (Yes if Class A or B License
is obtained)
No (Yes if Class A or B License
is obtained)
No (Yes if Class A or B License
is obtained)
No (Yes if Class A or B License
is obtained)
Drug testing
See Note 1
Yes. Designated safety
sensitive, and DOT- preemployment and random if
Class B license is obtained
Yes. Designated safety
sensitive, and DOT- preemployment and random if
Class B license is obtained
Yes. Designated safety
sensitive, and DOT- preemployment and random if
Class B license is obtained
Yes. Designated safety
sensitive, and DOT- preemployment and random if
Class B license is obtained
Respond to call-outs/pager
duty? If yes – 30 minute
response required.
Yes Yes Yes Yes
3 years of increasingly
Desired Level of Prior work in related field 1 year work experience as OIT 2 years’ work experience similar responsible work experience Education/Experience preferred; preferred to Fortuna Operator I or II similar to Fortuna Operator II or III
CITY OF FORTUNA
TREATMENT PLANT OPERATOR (TPO) QUALIFICATION MATRIX
Reviewed and Updated June 2024
2 City Paid Training
(Job class plus one level up.)
CSMT 1
D1
T1 or T2
WW1
WWI
WW2
T1
T2
WW3
T2
T3
AWWA/CWEA Lab Cert
WW3
WW4
T3
AWWA/CWEA Lab Cert
Incentives per MOU $50/month residency incentive $50/month residency incentive $50/month residency incentive $50/month residency incentive If certificate achieved on, or
after, July 1, 2011
$700/yr. for CDL Class B
$1500/yr. for Grade 1 Collection
System Maintenance
Technologist through CWEA
$700/yr. for CDL Class B
$630/yr. for each D2, D3
Pager pay: $29/day
$700/yr. for Class B CDL
$630/yr. for each D2, D3
Pager pay: $29/day
$700/yr. for Class B CDL
$630/yr. for each D2, D3
Pager pay: $29/day
$630/yr. for each:: T1 or T2, D1
or D2, WW1
$1,500/yr. for AWWA or
CWEA Lab Certificate
$2,500/yr. for EIT Certification
$1,500/yr. for AWWA or
CWEA Lab Certificate
(required within 12 months of
hire)
$2,500/yr. for EIT Certification
*Certifications: WW - Wastewater Treatment Plant Operator: State Water Resources Control Board (SWRCB) T - Water Treatment: State Water Resources Control Board (SWRCB) D - Water Distribution (Utility Workers): State Water Resources Control Board (SWRCB) Laboratory Technician California Water Environment Association (CWEA), or Collection System Maintenance Technologist American Water Works Association (AWWA) Engineer in Training (EIT) California Water Environment Association (CWEA) Notes:
1. The City Attorney has determined that Treatment Plant Operators are in “safety-sensitive” positions and drug-testing may be included in the pre-employment physical for these positions.
CITY OF FORTUNA
UTILITY WORKER QUALIFICATION/INCENTIVE MATRIX ATTACHMENT “A” Reviewed and Updated June 2024
NOTE: MUST BE MINIMUM OF 18 YEARS OF AGE IN ORDER TO DRIVE CITY VEHICLES.
Utility Worker II Utility Worker III Utility Lead
Minimum Level of
Supervision
General Supervision of lead utility worker General direction of lead utility worker
General direction of General Services
Superintendent
Skill Level Entry, no experience or certification
required at time of hire.
Mid-level experienced, with
certification
Top-level experienced, front line
supervisor, with certification
Probationary period 24 months 18 months 18 months
Certifications/Job
Requirements
Note: Required at time of
hire unless otherwise
noted.
Valid CDL
D1within 24 months
Class B CDL within 6 months
Valid CDL
D1
D2 within 18 months
T1 or T2 within 18 months
Class B CDL within 6 month
Valid CDL
D2
T1
Class B
D3 within 18 months
T2 within 18 months
BF within 18 month
Covered by DOT? Yes – Class A or B CDL Yes – Class A or B CDL Yes – Class A or B CDL Drug Testing Yes. DOT- pre employment and random Yes. DOT- pre employment and random
Yes. DOT- pre employment and
random
Respond to callouts/pager duty? If yes –
30 minute response
required.
Yes Yes Yes
Desired Level of
Education/Experience
Prior work in related field preferred 2 years of increasingly responsible work experience similar to Fortuna
Utility Worker II
3 years of increasingly responsible
work experience similar to Fortuna
Utility Worker III, including one year in
a position requiring D2 and T1, and 1
year of supervisory experience
CITY OF FORTUNA
UTILITY WORKER QUALIFICATION/INCENTIVE MATRIX ATTACHMENT “A” Reviewed and Updated June 2024
City Paid Training
(Job Class plus one level
up.)
BF
D1
D2
T1
T2
Class B
BF
D2
D3
T1
T2
Class B
BF
D3
D4
T2
T3
Class B
Incentives per MOU
If certificate achieved
before July 1, 2011
$50/month residency incentive
2.5% for each (no limit):
T1, T2, BF, D2, D3
Pager pay: $29/day
$50/month residency incentive
2.5% for each (no limit):
T2, BF, D2, D3
Pager pay: $29/day
$50/month residency incentive
Pager pay: $29/day
Incentives per MOU
If certificate achieved on,
or after, July 1, 2011
$50/month residency incentive
$630/yr. for each:
T2, BF, D2, D3
Pager pay: $29/day
$50/month residency incentive
$630/yr. for each:
T2, BF, D3
Pager pay: $29/day
$50/month residency incentive
$630/yr. for each:
D4, T3
Pager pay: $29/day
*Certifications: WW - Wastewater Treatment Plant Operator: State Water Resources Control Board (SWRCB) T - Water Treatment: State Water Resources Control Board (SWRCB) D - Water Distribution (Utility Workers): State Water Resources Control Board (SWRCB) Laboratory Technician California Water Environment Association (CWEA), OR American Water Works Association (AWWA)
Consent Item 4f
STAFF REPORT
City Council Consent Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Establish and Authorize Supplemental Compensation and Benefits for Management and Confidential Employees, Resolution 2024-16 STAFF RECOMMENDATION:
Staff is recommending the Council Consider establishing and authorizing supplemental compensation and benefits for management and confidential employees by adopting Resolution 2024-16.
EXECUTIVE SUMMARY:
The City’s Management and Confidential employee classifications consist of both sworn (police) and general employees that are unrepresented, which means they have not engaged in collective bargaining with the City on matters related to wages, benefits and other terms and conditions of employment. As negotiations for Memorandum of Understandings (MOU’s) are reaching conclusion for the represented employee groups, it is recommended that Council also consider addressing wages, benefits and other terms and conditions of employment that pertain to the City’s unrepresented classifications.
Although the Management and Confidential employees have not negotiated and therefore do not have an MOU, a Supplemental Compensation and Benefits Resolution has been drafted, for Council consideration that is intended to operate in much the same way as an MOU.
The attached resolution incorporates the below summary of changes. - 3% Cost of Living Adjustment (COLA)
- 5% Longevity threshold lowered to 5 years from 10 years - Accounting Certificate for $2800 added to incentives
- Police Lieutenant shall be eligible for the retention bonus in the same amount and at the same time as other Sworn Officers as approved in the FPEA MOU - Caesar Chavez added to Holidays
- Cal Ore Life flight benefit to be paid for by City
- Recreation programs will be available to employee’s children at no cost This Resolution can be amended if Council authorizes future changes in compensation and benefits for these unrepresented classifications.
FISCAL IMPACT
All fiscal impacts associated with the terms of the resolution have been reviewed by Council during the negotiations process. With the exception of the Police Lieutenants retention bonus all cost implications of the new MOU have been included into the fiscal year 2024-25 adopted budget.
Consent Item 4f
The Police Lieutenants retention bonus is estimated to cost $7,500 and will need to be paid for from General Fund reserves.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review Council questions with staff
2. Consent agenda vote
ATTACHMENTS:
Resolution 2024-16; A Resolution Of The City Council Of The City Of Fortuna Establishing and Authorizing Supplemental Compensation and Benefits For Management and Confidential Employees Effective July 1, 2024 through June 30, 2025. 2 RESOLUTION 2024-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
ESTABLISHING AND AUTHORIZING SUPPLEMENTAL COMPENSATION AND
BENEFITS FOR MANAGEMENT AND CONFIDENTIAL
(“UNREPRESENTED”) EMPLOYEES
Effective July 1, 2024
BE IT RESOLVED by the City Council of the City of Fortuna that the following list of management and confidential employees, which are not represented (“UNREPRESENTED”) by a union or association, shall receive the supplemental compensation and benefits contained within.
Department Heads
Director Parks and Recreation Director of Community Development Division Heads
Chief Treatment Plant Operator Public Works Project Manager General Services Superintendent Utility Superintendent
City Engineer Police Lieutenant
Deputy City Engineer
Confidential Employees/Mid-Management
Payroll/Benefits Administrator (Finance) Finance Office Supervisor Building Official Engineering Tech II
Senior Administrative Assistant/Deputy City
Clerk (City Manager’s Office)
Conference Center Manager
Planner II Recreation Program Supervisor
Those employees identified above shall receive the following supplemental compensation and benefits to be administered at the direction of the City Manager. Department Heads, Division Heads and Confidential/Mid-Management employees hold their positions at the will of the City Council or City Manager.
SECTION 1. Pay
Pay Adjustments
All unrepresented employees will receive a 3% Cost of Living Adjustment (COLA) increase to their base pay for Fiscal Year (FY) 2024-25.
For fiscal year 2024-25 the Police Lieutenant shall be eligible for the retention bonus in the same amount and at the same time as other Sworn Officers as approved in the FPEA MOU.
Longevity Pay
Upon completion of five (5) years of continuous employment with the City of Fortuna, eligible employees shall receive an additional 5% of their base salary as longevity pay. Upon completion of fifteen (15) years of continuous employment with the City of Fortuna, eligible employees shall receive an additional 2% of their base salary as longevity pay. Upon completion of twenty (20) years of continuous employment with the City of Fortuna, eligible employees shall receive an 3 additional 2% of their base salary as longevity pay.
SECTION 2. HEALTH & WELFARE
The City agrees to provide medical, dental, vision and life insurance for UNREPRESENTED Fortuna Employees in the same manner as for employees with the Fortuna Employees Association.
Employees in the Unrepresented Group shall pay the same cost share allocations, including insurance premium increases. For the term July 1, 2024– June 30, 2025, for all unrepresented employees, the employee contribution towards medical, dental, vision, life insurance, and employee assistance program (EAP) shall be as follows:
Monthly Costs With $250 Deductible
Employee Employee +1
Employee +2
(or more)
Medical- Anthem/Blue Cross $1,075.00 $2,252.00 $3,215.00 Vision-VSP $18.20 $18.20 $18.20
Dental-Delta Dental $56.84 $96.20 $143.20
Life (10,000) $1.65 $1.65 $1.65
Employee Assistance Program $2.84 $2.84 $2.84
Total insurance costs $1,154.53 $2,370.89 $3,380.89
Amount paid by City $993.29 $2,033.09 $2,898.65
Amount paid by Employees
(Monthly) $161.24 $337.80
$482.24
1. The cost of medical premiums will be split between the City at 85% and the employee at 15%.
2. The City will provide a vision plan and a dental plan through the Redwood Empire Municipal Insurance Fund (REMIF) for all UNREPRESENTED employees. Vision and dental coverage are optional; however, if an employee declines the coverage amount paid by the employee will stay the same.
3. Life insurance is provided for full-time City employees under REMIF. The City contributes the premium for ten thousand dollars ($10,000) term life insurance per employee.
4. Cal Ore Life Flight benefits will be provided for FY 2024-25, for all full time benefitted employees and their household. Employees that opt-out of medical coverage will also be provided Cal Ore Life Flight benefits at no additional cost.
5. The City offers an employee assistance program that offers 24/7 counseling, nursing, legal, and financial assistance for employees. The City pays this benefit in full for all full time employees.
6. The City will provide access to Aflac supplemental insurance options to all City employees.
Premiums for supplemental insurance are to be paid by the employee and may be set up on a “pre-tax” payment schedule.
4 SECTION 3. OPTING OUT OF MEDICAL COVERAGE
1. Under the following circumstances, a full-time employee may decline medical coverage, and receive a stipend for opting out of coverage provided the following conditions are met:
a) The medical insurance plan must allow an employee to decline coverage, and the employee can meet any and all requirements for opting out of coverage. b) The employee must provide written proof of other coverage. c) All local, federal and state laws must be observed, as well as conditions of any contract into which the City has entered, or will enter; particularly the Section 125 plan the City has in place.
2. This Resolution provides for employees to opt out of the medical insurance coverage and receive $500.00 per month paid out in two equal payments, the first two paydays of the month, as long as the employee works in a full time capacity for two full pay periods in the month. In order to exercise this option, an employee must provide evidence of other insurance coverage provided by a member of his/her immediate family. If an employee does opt out, he/she will not be eligible to come back into the City plan until the next open enrollment period, or in the case of a qualifying event as stated in the medical insurance contract.
3. If an employee chooses to “opt out” of the medical coverage, the employee will still have the option to be covered for vision and dental only. The cost to the employee would be the minimum monthly contribution rate of: $50 single/$75 employee +1/$100 employee +2, respectively for both, as a package. The employee share for the vision/dental package will be deducted from the employee’s bi-weekly paycheck twice a month split in equal amounts if the employee chooses this option.
SECTION 4. STATE DISABILITY PROGRAM
All employees covered by this Resolution are required to enroll for State Disability Insurance (S.D.I.) benefits. S.D.I. benefits shall be integrated with sick leave benefits. S.D.I. premiums are to be paid by the employee.
SDI benefit as determined by the State will be applied first. Long Term Disability benefits, if applicable, will be applied second. Accrued sick leave, paid time off, and approved personal leave will then be applied in a proportionate amount which, when added to SDI, will provide compensation equal to the employee’s regular wage or wage. Under no circumstances will an employee be permitted to aggregate SDI, or other benefits in an amount exceeding the employee’s regular wage or wage.
SECTION 5. HOLIDAY BENEFITS AND PAID LEAVES
Paid Time Off
The paid time off schedule for all UNREPRESENTED employees shall be as follows:
Full Years of Service Completed by
Employee
Paid time off Earned
5 1 through 5 years 80 Hours annually
6 through 10 years 120 Hour annually
11 years and Over 160 Hours annually
Paid time off leave may be taken as it accrues, after one year of employment. Each UNREPRESENTED employee shall be granted at least eighty (80) hours of paid time off per calendar year provided the employee has paid time off time accrued.
An employee who becomes ill or has a family medical emergency during his or her scheduled paid time off may elect to use sick leave or family sick leave in lieu of paid time off time, provided the department head is notified at the beginning of the illness, injury or emergency and; provided further the employee, upon return from paid time off provides the Human Resources Manager with a certificate from a medical doctor stating the nature and extent of the employee's illness or injury during his or her paid time off.
SECTION 6. ACCRUED PAID TIME OFF / SICK LEAVE RECORDS
The City will provide each employee on a bi-weekly basis a record of accrued paid time off and sick leave, which the employee has earned. Paid time off may be accumulated up to an amount equal to an employee's allowable paid time off credits for two (2) years. Once an employee has reached the maximum accumulation limit for paid time off leave, the employee will cease accruing additional paid time off benefits until the employee has used a portion of his or her accrued paid time off and reduces his or her balance below the maximum accumulation limit. Thereafter, paid time off benefits will again begin to accrue, on a prospective basis only, until the employee again reaches the maximum accumulation limit.
SECTION 7. ANNUAL PAID TIME OFF BUYBACK PROGRAM
On an annual basis, the City agrees to allow those employees covered by this Resolution to sell up to one hundred (100) hours of paid time off. The minimum leave time, which may be subject to the buyback, is eight (8) hours.
Paid time off time may be sold back two times each fiscal year to a maximum of 100 hours. In order to participate in this program, the employee must return a form approved by the department director that is dated and signed. Payment will be made at the regular pay rate as of the date the form is submitted to the Finance Department. Paid time off time cashed out pursuant to this provision shall be subtracted from the employee’s accumulated paid time off time balance when paid. Upon separation, all unused accrued paid time off leave shall be paid in cash to the employee at his or her regular rate of pay.
SECTION 8. ADMINISTRATIVE TIME/MANAGEMENT LEAVE
All UNREPRESENTED employees are entitled to Administrative Leave to be accrued on July 1st of each year. New employees hired throughout the year will receive pro-rated Administrative leave. Administrative leave is a management level benefit that represents the time requirement for 6 managers in the public sector, to work on organizational meetings or other work related tasks, outside the regular work period. Management leave is over and above paid time off entitlement, in lieu of overtime pay or compensation time off and is allocated as follows:
Department Head: 80 Hours
Police Lieutenant: 80 Hours
Division Head: 40 Hours
All other UNREPRESENTED - Exempt Employees: 20 hours
SECTION 9. HOLIDAYS
1. The City agrees to pay all UNREPRESENTED Fortuna Employees for twelve (12) holidays per year. Recognized holidays are: New Year's Day, Martin Luther King Jr., the day observed as President’s Day, Caesar Chavez Day, Memorial Day, Juneteenth, Veteran’s Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other day proclaimed by the Fortuna City Council as a public holiday, day of mourning or day of thanksgiving. Employees shall receive eight (8) hours of pay for a holiday.
2. In addition to the ten paid holidays referenced above, in lieu of providing paid holidays on, Admission Day and Columbus Day the City agrees to provide two (2) floating holidays for those employees covered by this Resolution. Floating holidays will be accrued at the time the actual holidays occur. Floating holidays may be accrued up to a maximum of 10 days.
The timing of taking the floating holidays shall be subject to management's approval. (*A holiday that falls on a weekend is usually observed on the closest weekday (e.g. a holiday falling on a Saturday is observed on the preceding Friday, while a holiday falling on a Sunday is observed on the succeeding Monday.)
SECTION 10. SICK LEAVE
Sick leave is a benefit, and should be used only when necessary. The accrual rate for sick leave is 8 hours for each calendar month of service.
1. Sick leave shall not be considered a privilege, which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability.
Sick leave may be used, with prior department head approval, for dental, eye, and doctor appointments.
2. Employees who have accumulated four hundred eighty (480) or more hours of sick leave may on an annual basis convert any sick leave accumulated over four hundred eighty (480) hours to a cash payment at twenty-five percent (25%) of the value of said sick leave time over four hundred eighty (480) hours.
3. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to, or within thirty (30) minutes after the time set for beginning his or her daily duties, or as may be otherwise specified by the employee's department head. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay and may result in disciplinary action. 7 SECTION 11. FAMILY SICK/BEREAVEMENT LEAVE
1. An employee may be granted up to forty eight (48) hours per Fiscal Year for family sick leave with pay, per California Labor Code Section 233, utilizing an employee’s accumulated sick leave for family illness purposes. Family sick leave is applicable when the employee's presence is necessary to provide or arrange proper care for the employee’s ill child or an ill member of the employee's immediate family or immediate household. For family sick leave purposes, immediate family member shall include spouse, domestic partner, parents, children and other close relatives, with the approval of the Department Head. Misuse of family sick leave privileges is grounds for disciplinary action.
Family sick must be taken in not less than quarter hour increments.
2. An UNREPRESENTED employee may be granted up to forty (40) hours bereavement leave with pay. Bereavement leave is applicable when death occurs in the employee's immediate family. Such family shall include spouse, domestic partner, parents, children, stepchildren, children of a domestic partner, grandparent, grandchild, brother, sister, mother/father-in-law, parent of a domestic partner, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or other person as approved by the Human Resources Manager. Misuse of bereavement leave privileges is grounds for disciplinary action. Bereavement leave shall be approved by the City Manager.
3. For purposes of this section, domestic partner means an individual as defined in Family Code section 297 et seq.
SECTION 12. JURY DUTY
1. Any employee who is required to report for jury duty shall receive full pay for such absence from duty provided the employee endorses to the City any checks or warrants received in payment for jury duty exclusive of mileage for personal vehicles or other out-of-pocket expenses incurred due to jury duty and provides verification of jury duty service.
2. An employee summoned to serve on a jury must notify his or her supervisor or department head as soon as possible after receiving notice of both possible and actual jury service.
3. Time spent on jury duty is not work time for purposes of calculating overtime compensation.
SECTION 13. HOURS OF WORK AND OVERTIME
1. For Non-Management UNREPRESENTED Employees the normal work period shall consist of forty (40) hours worked within seven (7) consecutive days beginning at 12:00 a.m. Sunday and ending 11:59 p.m. on the second successive Saturday, except as otherwise designated for employees on a flexible schedule approved in writing by both the Department Head and City Manager.
2. Schedule of alternative work hours may be established by the Department Head with the approval of the City Manager. The Department Head, with the approval of the City Manager, may change the work week hours at any time.
8 3. Overtime is defined as hours worked in excess of forty (40) hour per week. Nonmanagement employees will not work overtime without prior authorization from their supervisor or department head, except in case of emergency.
4. Unless otherwise specified overtime shall be paid at the rate of one and one-half (1-1/2) times the non-management employee's base rate of pay. The non-management employee shall have the choice of taking overtime or compensatory time off.
5. For all UNREPRESENTED positions eligible for overtime and for the purpose of overtime calculations, the base rate will include incentive pay, longevity pay, and special assignment pay as applicable.
SECTION 14. ACCUMULATION OF COMPENSATORY TIME OFF (CTO)
1. In the event that overtime must be incurred, non-management UNREPRESENTED employees will have two options: 1) be paid at one and one-half (1.5) times the employee's base rate of pay, or 2) accumulate at one and one-half (1.5) times the employee's base rate of pay up to a maximum of one hundred sixty (160) hours as compensatory time to be taken off at a later time as requested by the employee, and approved by the Department Head.
2. Once an eligible non-management UNREPRESENTED employee has banked a maximum of 160 hours of compensatory time, any additional overtime will be paid to the employee.
3. UNREPRESENTED non-management employees may sell back up to 80 hours of banked CTO time up to two times per fiscal year.
4. Any non-Management UNREPRESENTED employee who has accrued compensatory time off may be permitted by his/her supervisor to use such compensatory time within a reasonable period of time if the use of compensatory time does not unduly disrupt the operations of the City.
5. Compensatory time off must be used in increments of not less than one-quarter hour.
SECTION 15. PROTECTIVE FOOTWEAR / BUSINESS APPAREL
1. The City will provide an annual stipend up to $200.00 per Fiscal Year (July 1 to June 30) for the purchase of work boots and/or business attire based on job classification. The stipend will accumulate and be paid out one time annually and included in the last pay period of the Fiscal Year. The stipend will be pro-rated for new employees or employees that leave employment prior to the end of the Fiscal Year.
2. The Police Lieutenant is eligible for an annual Uniform/Duty Gear allowance made in two payments, by January 15 and July 15 of each year. The maximum allowance shall be $1,000.00 per year. The Police Lieutenant is not eligible for the Protective Footwear/Business Apparel allowance outlined in 15.1, above.
SECTION 16. RESIDENCY AND OTHER INCENTIVES
1. As an incentive for employees to live within the city limits of the City, eligible UNREPRESENTED Fortuna employees who reside within 20 miles of the City of Fortuna shall receive $50.00 per month as additional compensation. 9 2. Certain unrepresented City employees are eligible for incentives. Incentives can be given or taken away at the discretion of the City Manager based on employee being able and willing to provide additional value to the City based on the certificate/s achieved.
Incentives shall be paid as shown in the following table:
Position Incentive
Amount
For
Chief Treatment Plant
Operator
$630/year Grade IV Waste Water
Building Official $630/year ICC Maintenance & Housing Inspector Payroll and Benefits
Administrator or Finance
Office Supervisor*
$2800/year Accounting Certificate
Utility Superintendent $630/year Distribution Level 4 (D4) *Only one employee will be allowed to receive certificate pay at a time. Certificate pay offering will be determined by the Finance Director and approved by the City Manager.
Position Incentive* For
Sworn Employees $3,950.00/year P.O.S.T. Intermediate Certificate, or $7,900.00/year. P.O.S.T. Advanced Certificate
$2,800.00/year P.O.S.T. Supervisory Certificate
$2,800.00/year. P.O.S.T. Management Certificate
SECTION 17. EMPLOYEE USE OF PARK & RECREATION PROGRAMS
1. The following programs are offered to City Employees and the Children of City employees free of charge:
President's Week – 4 days
Spring Break – 5 days
Summer Fun/Kiddie Kamp – 10 weeks
Thanksgiving Week – 3 days
Winter Break – up to 8 days
Youth Basketball
Basketball Camp
Public Skating at The Firemen’s Pavilion in Rohner Park
2. Employees must enroll their Children during the designated employee enrollment period, which will open to employees prior to the enrollment period for the general public. If employees enroll their children after the designated employee enrollment period, the employee’s children may be subject to a waitlist.
SECTION 18. EDUCATION AND TRAINING REIMBURSEMENT
10 As an incentive to employee education and training, the City will reimburse employees for successful completion of coursework and exams related to their employment with the City.
Reimbursements must be pre-approved by the Department Head and City Manager.
Reimbursement will be given following the satisfactory completion of the course and/or exam. To ensure adequate funds are available in department budget(s), requests for reimbursement must be made and approved by the City Manager no later than March 1st. Books and reusable materials will become the property of the City and will be made available for use by other employees.
SECTION 19. MISCELLANEOUS
1. UNREPRESENTED employees shall be eligible to receive step increases when applicable under the same system as afforded to the Fortuna Employees Association (for non-sworn employees) and the Fortuna Police Employees Association (for sworn employees).
2. This Agreement shall be effective from July 1, 2024 and shall continue in effect through June 30, 2025.
PASSED AND ADOPTED on this 1st day of July 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________
Tami Trent, Mayor
ATTEST:
________________________
Siana L. Emmons, City Clerk
Consent Item 4g
STAFF REPORT
City Council Consent Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk/Human Resources Manager THROUGH: Merritt Perry, City Manager
SUBJECT: Approval of the Full Time Classification and Pay Rate Schedule for Fiscal Year 2024-2025 Resolution 2024-20
STAFF RECOMMENDATION:
Approve the Fiscal Year 2024-25 Classification and Pay Rate Schedule for full time employees by adopting Resolution 2024-20.
EXECUTIVE SUMMARY:
The City completed negotiations with the Fortuna Employees Association (FEA). The bargaining unit and the City, agreed to an individual Memorandum of Understanding (MOU) consisting of a one year term (July 1, 2024 through June 30, 2025).
The FEA’s MOU provided a 2% COLA to be effective July 1, 2024. This cost is appropriated into the FY 2024-25 budget and included in the attached pay rate schedule.
The City’s Unrepresented group resolution provided for a 3% COLA to be effective July 1, 2024.
This cost is appropriated into the FY 2024-25 budget and included in the attached pay rate schedule.
FISCAL IMPACT:
The fiscal impacts associated with the full time classification and pay schedule were incorporated into the FY 2024-25 Adopted Budget.
RECOMMENDED COUNCIL ACTION:
Motion to adopt Resolution 2024-20; and read by title only. Consent agenda vote.
ATTACHMENTS:
Resolution 2024-20; A Resolution of The City Council of the City Of Fortuna Adopting the Full Time Classification And Pay Rate Schedules For Fiscal Year 2024-25. o Attachment “A” FY 2024-25 Full-time Pay Rate Schedule RESOLUTION 2024-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
ADOPTING THE AMENDED FULL-TIME CLASSIFICATION AND PAY RATE SCHEDULE FOR FISCAL YEAR 2024-25
WHEREAS, the City Council has established a Classification and Pay Rate Schedule for Fiscal Year 2024-25 for all full-time employees; and
WHEREAS, this Full-time Pay Rate Schedule shall reflect the proposed reclassifications for Fiscal Year 2024-25; and
WHEREAS this amended Pay Rate Schedule will be effective July 1, 2024; and WHEREAS, this Resolution shall supersede all previous full-time Classification and Pay Rate Schedules.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fortuna that all appointed officers and employees shall be compensated as shown in “Attachment A” of this Resolution.
PASSED AND ADOPTED on this 1st day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Tami Trent, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
305 Bus Driver II (1) F20 Yr: 38,212.09 39,740.57 41,330.20 42,983.41 44,702.74 46,490.85 306 Conference Center Coordinator (1) Hr: 18.3712 19.1061 19.8703 20.6651 21.4918 22.3514 320 Facility Custodian (1)
325 Park Maintenance Worker II (1)
312 Account Clerk II (1) F21 Yr: 39,440.54 41,018.17 42,658.89 44,365.25 46,139.86 47,985.45 326 Street Maintenance Worker II (1) Hr: 18.9618 19.7203 20.5091 21.3295 22.1827 23.0700 334 Records Clerk (2) F22 Yr: 39,421.54 40,998.40 42,638.33 44,343.87 46,117.62 47,962.33 Hr: 18.9527 19.7108 20.4992 21.3192 22.1720 23.0589
338 Administrative Assistant II (1) F23 Yr: 40,286.71 41,898.18 43,574.11 45,317.07 47,129.76 49,014.95 Hr: 19.3687 20.1434 20.9491 21.7871 22.6586 23.5649
313 Recreation Program Supervisor (4) F24 Yr: 40,681.68 42,308.95 44,001.31 45,761.36 47,591.81 49,495.48 Hr: 19.5586 20.3409 21.1545 22.0007 22.8807 23.7960
327 Utility Worker II (1) F25 Yr: 41,371.20 43,026.05 44,747.09 46,536.97 48,398.45 50,334.39 Hr: 19.8900 20.6856 21.5131 22.3736 23.2685 24.1993
350 Community Services Officer II (2) F26 Yr: 41,802.28 43,474.38 45,213.35 47,021.89 48,902.76 50,858.87 351 Police Officer Trainee (2) Hr: 20.0973 20.9012 21.7372 22.6067 23.5110 24.4514 352 Park Maintenance Worker III (1) F27 Yr: 42,472.71 44,171.62 45,938.48 47,776.02 49,687.06 51,674.54 356 Accounting Technician (1) Hr: 20.4196 21.2364 22.0859 22.9693 23.8881 24.8436 353 Street Maintenance Worker III (1) F28 Yr: 43,240.36 44,969.98 46,768.78 48,639.53 50,585.11 52,608.51 365 Treatment Plant Operator I/OIT (1) Hr: 20.7887 21.6202 22.4850 23.3844 24.3198 25.2926 367 Administrative Assistant III (2) F29 Yr: 44,960.73 46,759.16 48,629.52 50,574.70 52,597.69 54,701.60 Hr: 21.6158 22.4804 23.3796 24.3148 25.2874 26.2989
354 Utility Worker III (1) F30 Yr: 45,604.74 47,428.93 49,326.08 51,299.13 53,351.09 55,485.14 Hr: 21.9254 22.8024 23.7145 24.6631 25.6496 26.6756
Classification
Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) Adopted By Council at 7-1-24 Meeting (Effective 7-1-24) FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
376 City Carpenter III (1) F31 Yr: 46,435.03 48,292.43 50,224.13 52,233.09 54,322.42 56,495.32 Hr: 22.3246 23.2176 24.1463 25.1121 26.1166 27.1613
382 Vehicle & Equip Mechanic (1) F32 Yr: 47,265.33 49,155.94 51,122.18 53,167.06 55,293.75 57,505.50 383 Treatment Plant Mechanic (1) Hr: 22.7238 23.6327 24.5780 25.5611 26.5836 27.6469 370 Treatment Plant Operator II (1) F33 Yr: 47,778.43 49,689.57 51,677.15 53,744.24 55,894.01 58,129.77 Hr: 22.9704 23.8893 24.8448 25.8386 26.8722 27.9471
387 Police Dispatcher II (2) F34 Yr: 49,880.82 51,876.05 53,951.10 56,109.14 58,353.50 60,687.65 Hr: 23.9812 24.9405 25.9381 26.9756 28.0546 29.1768
384 Lead Park Maintenance Worker (1) F35 Yr: 49,890.38 51,886.00 53,961.44 56,119.90 58,364.69 60,699.28 389 Senior Administrative Assistant - CD (1) Hr: 23.9858 24.9452 25.9430 26.9808 28.0600 29.1824 390 Senior Administrative Assistant - PW (1)
375 Conference Center Manager (4) F36 Yr: 50,379.51 52,394.69 54,490.47 56,670.09 58,936.90 61,294.37 391 Sr Administrative Assistant / Deputy City Clerk (3) Hr: 24.2210 25.1898 26.1974 27.2453 28.3351 29.4685 380 Streets Shift Supervisor (1) F37 Yr: 50,788.43 52,819.97 54,932.77 57,130.08 59,415.28 61,791.89 400 Building Inspector (1) Hr: 24.4176 25.3943 26.4100 27.4664 28.5651 29.7077 398 Treatment Plant Operator III (1) F38 Yr: 51,979.20 54,058.37 56,220.70 58,469.53 60,808.31 63,240.64 401 Lead Vehicle & Equip Mechanic (1) Hr: 24.9900 25.9896 27.0292 28.1104 29.2348 30.4042 402 Utility Shift Supervisor (1) F39 Yr: 53,627.69 55,772.80 58,003.71 60,323.86 62,736.82 65,246.29 404 Laboratory Director (1) Hr: 25.7826 26.8139 27.8865 29.0019 30.1620 31.3685 405 Planner II (4) F40 Yr: 54,153.46 56,319.59 58,572.38 60,915.27 63,351.88 65,885.96 Hr: 26.0354 27.0768 28.1598 29.2862 30.4577 31.6760
408 Police Officer (2) F41 Yr: 53,951.09 56,109.14 58,353.50 60,687.64 63,115.15 65,639.75 Hr: 25.9381 26.9756 28.0546 29.1768 30.3439 31.5576
Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) Adopted By Council at 7-1-24 Meeting (Effective 7-1-24) FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
403 Treatment Plant Operator III/Shift Supervisor (1) F42 Yr: 56,073.89 58,316.84 60,649.52 63,075.50 65,598.52 68,222.46 Hr: 26.9586 28.0370 29.1585 30.3248 31.5378 32.7993
422 Engineering Tech II (4) F43 Yr: 58,235.36 60,564.77 62,987.36 65,506.86 68,127.13 70,852.22 430 Finance Office Supervisor (4) Hr: 27.9978 29.1177 30.2824 31.4937 32.7535 34.0636 432 Payroll/Benefits Administrator (3)
440 Police Sergeant (2) F47 Yr: 65,369.27 67,984.04 70,703.40 73,531.54 76,472.80 79,531.71 Hr: 31.4276 32.6847 33.9921 35.3518 36.7658 38.2364
458 Building Official (4) F52 Yr: 68,666.69 71,413.35 74,269.89 77,240.68 80,330.31 83,543.52 Hr: 33.0129 34.3334 35.7067 37.1350 38.6204 40.1652
459 Public Works Project Manager (4) F54 Yr: 71,248.15 74,098.07 77,062.00 80,144.48 83,350.26 86,684.27 460 General Services Superintendent (4) Hr: 34.2540 35.6241 37.0491 38.5310 40.0723 41.6752 462 Utility Superintendent (4)
463 Chief Treatment Plant Operator (4)
465 Parks and Recreation Director (4)
480 Deputy City Engineer (4) F60 Yr: 79,568.74 82,751.49 86,061.54 89,504.01 93,084.17 96,807.53 Hr: 38.2542 39.7844 41.3758 43.0308 44.7521 46.5421
472 Lieutenant (4) F61 Yr: 81,138.75 84,384.30 87,759.67 91,270.06 94,920.86 98,717.69 Hr: 39.0091 40.5694 42.1922 43.8799 45.6351 47.4605
464 City Clerk/Human Resource Manager (5) F65 Yr: 85,543.71 88,965.46 92,524.08 96,225.04 100,074.04 104,077.00 Hr: 41.1268 42.7719 44.4828 46.2621 48.1126 50.0371
486 Community Development Director (4) F66 Yr: 88,465.49 92,004.11 95,684.27 99,511.65 103,492.11 107,631.80 Hr: 42.5315 44.2328 46.0021 47.8422 49.7559 51.7461
Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) Adopted By Council at 7-1-24 Meeting (Effective 7-1-24) FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
488 Public Works Director (5) F70 Yr: 101,116.76 105,161.43 109,367.89 113,742.60 118,292.31 123,024.00 Hr: 48.6139 50.5584 52.5808 54.6840 56.8714 59.1462
490 Finance Director (5) F72 Yr: 104,138.17 108,303.69 112,635.84 117,141.28 121,826.93 126,700.00 Hr: 50.0665 52.0691 54.1519 56.3180 58.5707 60.9135
495 Police Chief (5) F97 Yr: 134,203.85
Hr: 64.5211
499 City Manager (5) F99 Yr: 156,679.02
Hr: 75.3265
KEY:
(1) Represented; Fortuna Employees Association (4) Unrepresented; Management Group (2) Represented; Fortuna Police Employees Association (5) Unrepresented; Individual Contract (3) Unrepresented; Confidential Group
* NOTE: The Payroll Department will be paying based on the Hourly Pay as shown in this schedule. Yearly pay is shown for informational purposes only and may, due to rounding, differ slightly from Hourly Pay.
Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) Adopted By Council at 7-1-24 Meeting (Effective 7-1-24) Consent Item 4h
STAFF REPORT
City Council Consent Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer SUBJECT: Approve a Special Wastewater Agreement with Eel River Brewery and Authorize the City Manager to Execute
STAFF RECOMMENDATION:
Approve the Special Wastewater Agreement with Eel River Brewery and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY:
As the Council is aware, in early 2024 Eel River Brewery brought their brewing facility back to the City of Fortuna from Scotia. Since returning, City staff have worked with the brewery to determine how their wastewater service should be billed, and what the strength of their combined brewing waste would be. After several months of laboratory testing by the City’s Lab Director, it has become evident that the brewery should be switched from their current heavy commercial wastewater customer classification to a Special Agreement. Under a special agreement, the brewery’s wastewater bill would reflect the results of laboratory testing of the waste strength, specially the measurement of the effluents Total Suspended Solids (TSS), and Biochemical Oxygen Demand (BOD). The primary driver behind this recommendation is that the brewery does a number of internal treatment processes that effectively reduce the waste load of their brewery effluent, and billing through the Special Agreement category of the City’s wastewater fee schedule would better capture the additional effort the brewery is putting in to managing their waste stream.
With this in mind, Public Works staff and the City Attorney drafted the attached Draft Special Wastewater Agreement. The agreement has also been reviewed and accepted by the brewery’s ownership. Under this agreement, the City would perform regular wastewater strength testing and inspections that would be used to calculate their monthly bill. In addition, staff worked with the brewery to determine how much of their potable water use translates into beer production (and not wastewater), and this agreement captures that amount as a standard number (17% of total water used) which will be deducted from the total billed wastewater flow (similar to a deduct meter for irrigation).
Staff recommend that the Council approve the agreement. If approved, the agreement would be immediately executed and the billing under the special agreement would take effect for their July billing cycle.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the Council approve the agreement and authorize the City Manager to execute the agreement; By Consent Agenda Vote.
ATTACHMENTS:
A. Draft Special Wastewater Agreement with Eel River Brewery JULY 1, 2024
SEWER TREATMENT AGREEMENT
BETWEEN CITY OF FORTUNA AND
EEL RIVER BREWING COMPANY
This AGREEMENT is made and entered into this 1st day of July, 2024 by and between CITY OF FORTUNA (hereinafter called “City”), and EEL RIVER BREWING COMPANY, INC., a California corporation (hereinafter called “Owner”).
RECITALS
A.) The Owner operates a restaurant and brewing facility located at 1777 Alamar Way in Fortuna; B.) The Owner generates wastewater effluent that is pre-treated onsite, and therefore is of a character not typical for any standard customer rate classification as defined in Table 1.A. of the City’s Water and Wastewater Fee Schedule;
C.) The City has in the adopted fee schedule and rate structure billing classification for ‘Special Agreements’, where wastewater service charges are calculated based on measured effluent characteristics;
D.) The Owner requests to be placed into a Special Agreement for wastewater service to account for effluent pre-treatment activities onsite.
NOW, THEREFORE, the City and the OWNER hereby agree as follows:
1. Wastewater Rate Charges. The City agrees to assess wastewater fees for the property in accordance with the ‘Special Agreements’ rate category (Table 2.A) of the City’s adopted fee schedule for water and wastewater. The waste strength and volumes used in the calculation will be determined as outlined further below. The exact fees charged will reflect the most current adopted fiscal year budget and fee schedule. Additional fees for wastewater testing will be added to each monthly bill as determined by the test performed and the frequency, as noted below.
2. Wastewater Testing. The City shall perform wastewater effluent testing quarterly to determine the Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) concentrations to be used in the monthly bill calculation. The sample results will be used to determine the billing rates for the 3-months following the test result. The test shall be performed by taking a composite grab sample of the effluent at the settling chamber located near the southeast corner of the brewing facility. The City will provide a minimum 72-hour notice to the Owner prior to performing testing. The Owner shall pay the City-established fees for the BOD and TSS tests (Wastewater Laboratory Fee Schedule Table 1.A.), and shall pay the actual staff-time cost to transport and set up the composite sampler (estimated at 30-minutes to 1-hour). On an asneeded basis the City reserves the right to inspect or test the sedimentation tank and determine if pumping or other maintenance is required. The Owner can request additional composite samples in between quarterly events, which the City will complete subject to staff availability.
The City or the Owner reserve the right to propose adjustments to the sampling method if deemed appropriate, and modifications can be made subject to Section 6 below.
3. Wastewater Volume Determination. The wastewater volume used for monthly billing will be the monthly meter reading for the primary water service connection, less the meter reading for the irrigation deduct meter. An additional reduction factor of 17% will be applied based on records furnished by the Owner indicating the percentage of overall water usage resulting in finish product (beer). Under this agreement, the Owner agrees to furnish to the City upon written request official documentation pertaining to finished product production volumes for periodic verification of the wastewater reduction percentage.
4. Billing Fees and Charges. City shall bill the Owner promptly for all fees and charges as indicated herein and Owner will pay in accordance with the City’s Municipal Code. The City shall make available the test results and billing calculation used for the monthly bill at the request of the Owner.
5. Notices. All notices required to be given pursuant to this Agreement shall be in writing and shall be deemed made and/or received two (2) days following their deposit in the United States mail, postage prepaid, and addressed as follows:
CITY: City Manager
City of Fortuna
621 11th Street
P.O. Box 545
Fortuna, CA 95540
OWNER: Eel River Brewing Company, Inc.
1777 ALAMAR WAY
FORTUNA,CA95540
Either party may change its address by written notices given pursuant to this section.
6. Termination/Modification. This Agreement shall be terminable or modifiable only upon written agreement of the parties.
7. Attorney’s Fees. If either party commences an action against the other to enforce or interpret this Agreement, the prevailing party shall be entitled to have and recover reasonable attorney’s fees and costs of suit from the party not prevailing.
8. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not be affected.
9. California Law Governs. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in six originals, the date and year first above written:
CITY OF FORTUNA
By: __________________________
Name: _______________________
Its: City Manager
Attest:
_____________________________
Siana Emmons, City Clerk
EEL RIVER BREWING COMPANY, INC.
By: __________________________
Name: _______________________
Its: Chief Executive Officer
Public Hearing Item 5a
STAFF REPORT
City Council Business Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing: Proposition 218 Majority Protest Process Relative to Proposed Increase to Water Rates
STAFF RECOMMENDATION:
Open and conduct a public hearing to receive all written and verbal testimony regarding the proposed water rates and consider the results of protest proceedings in accordance with Proposition 218; adopt a resolution certifying the protest results.
EXECUTIVE SUMMARY:
The City of Fortuna owns and operates a municipal potable water distribution, storage and treatment system comprised of over 50-miles of distribution mains, four water booster stations, a well-field and water treatment facility, and four storage tanks/reservoirs. The operation, maintenance, and improvement of these systems is funded by user rates, which are collected through monthly bills to the City’s customers. As the Council is aware, in recent years operational and maintenance costs are beginning to exceed revenues. Additionally, the City is anticipating being out of compliance with the City’s 2017 water bond requirements (debt coverage ratio relative to user rates), which could significantly impact the City’s ability to get competitive borrowing rates on future infrastructure project, including the NPDES Compliance Project. Understanding the need to adjust rates to cover current and projected future operations, maintenance, and improvement costs, staff in late 2023 began the rate study process.
This process began by retaining Jacobs Engineering, the City’s engineering consultant on the NPDES Compliance Project (CIP 0171), to complete the rate study. At the April 15th 2024 regular City Council meeting, City and Jacobs staff presented the draft proposed rate adjustments that are required to cover anticipated expenses over the next five years. The approach presented at that meeting was based on performing a large year-one adjustment, followed by more modest adjustments in the subsequent four years. After a comprehensive discussion, the Council directed staff to revise the proposed adjustment strategy to lower the initial year increase as much as feasible, and spread the adjustments out more evenly over the five-year period. A revised rate adjustment approach was then presented to the Council at the May 6th 2024 regular City Council meeting, and Council provided direction to staff to begin the Proposition 218 (Prop 218) noticing process with the revised rate adjustment approach. A table showing the original and revised water rate adjustment percentages is included in Attachment A.
Public Hearing Item 5a
Immediately following the May 6th meeting, staff worked with the City’s rate study consultants to finalize a Prop 218 Mailer and Frequently Asked Questions (FAQ) handout, which provided to the City’s customers and property owners information regarding the proposed rate increases, the purpose and need for performing increases, and the methods to protest the proposed increases. The mailers were sent out to all parcels identified in the most current County Property Tax Roll, in additional to all customers associated with the City’s water billing system. The mailers where generated and processed by UBEO, a business services company retained by the City, and the mailers where sent on Friday May 17th. The public hearing date for the proposed rate increases was set for the July 1st regular City Council meeting, which provided for the required 45-day noticing period pursuant to Prop 218.
Since distributing the mailers, the City Clerks staff have been collecting and filing any and all protests received from property owners and rate payers in the City of Fortuna. To date the City has received approximately 200 verified protests meeting the City’s protest procedure requirements.
The protest procedure requirements are included as Attachment B and have been made available on the City’s website. Pursuant to Prop 218, written protests can be received all the way through the closure of the public hearing for this item. Citizens can also attend the public hearing and provide verbal comments or protests, but it should be noted that only signed, written protests meeting the City’s established requirement will be accounted for in the Prop 218 protest tally.
Upon closure of the public hearing associated with this item, the City Clerk will provide a count of the unverified protests and report to the Council the number. Overall, for the proposed rate increases to be rejected by the properties assessed within the City’s wastewater service area, a majority (50% plus one vote) must be received and verified as valid. The City has approximately 4,630 parcels connected to the City’s wastewater system, and therefore approximately 2,315 verified protests would need to be received to reject the increases. If the number of protests received at the closure of public hearing remains below the 50% threshold, the final protest count can be reported as an unverified total. Should the number of protests exceed the 50% threshold, staff would recommend continuing the public hearing to a special meeting in the days following, given that protest verification would need to take place to substantiate protests, which will take additional time.
After closure of the public hearing and a count of the protests is given by the City Clerk, the Council will be asked to adopt one of two resolutions certifying the results of the Prop 218 protest process.
The first Resolution, 2024-21A, certifies a non-majority protest result, while 2024-21B would certify a majority protest vote. The protest number in either resolution would be included prior to final signature, and both versions of the resolution are included as Attachments C and D.
FINANCIAL IMPACT:
The financial impact of this hearing will be dependent on the number of valid written protests received. If a non-majority of protests are received and Resolution 2024-21A is adopted, then the water rates increases for the following fiscal year budget will be considered in a subsequent business item. If a majority of valid written protests are received and Resolution 2024-21B is adopted then there would be no change to the water rates in the coming fiscal year.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation
2. Open and conduct a public hearing to receive all written and verbal testimony regarding the proposed water rates and consider the results of the protests proceedings in accordance with Proposition 218;
Public Hearing Item 5a
3. Close the public hearing;
4. Adopt one of the following resolutions certifying the protest results:
a. For a non-majority protest – Resolution 2024-21A certifying that the number of valid written protests were not received from property owners representing a majority of the parcels subject to the proposed rate increase. b. For a majority protest - Resolution 2024-21B certifying that the number of valid written protests were received from property owners representing a majority of the parcels subject to the proposed rate increase.
Attachments:
Attachment A – Initial and Revised Proposed 5-year Wastewater (Sewer) Rate Increases Attachment B – City Prop 218 Protest Procedures
Attachment C – Resolution 2024-21A
Attachment D – Resolution 2024-21B
Attachment A
Table 1. Draft and Final Annual Water Rate Increases (%) for Five Year Period.
Year % Water Increase Presented at April
15th City Council Meeting
Revised % Water Increase Approved
at May 6th City Council Meeting
FY 24/25 60% 20%
FY 25/26 5% 20%
FY 26/27 5% 20%
FY 27/28 3% 15%
FY 28/29 3% 5%
Table 2. Updated proposed annual water system connection fees.
Meter Size Current FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 5/8” by ¾” $2,165.00 $2,469.60 $2,774.20 $3,078.80 $3,383.40 $3,688.00 1” $5,542.00 $6,277.40 $7,012.80 $7,748.20 $8,483.60 $9,219.00
1.5” $12,470.00 $13,663.60 $14,857.20 $16,050.80 $17,244.40 $18,438.00 2” $22,170.00 $23,636.20 $25,102.40 $26,568.60 $28,034.80 $29,501.00 3” $49,882.00 $51,706.00 $53,530.00 $55,354.00 $57,178.00 $59,002.00 4” $88,678.00 $89,380.60 $90,083.20 $90,785.80 $91,488.40 $92,191.00 6” $199,526.00 $184,382.00 $184,382.00 $184,382.00 $184,382.00 $184,382.00 City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
PROTEST PROCEDURES FOR PROPOSED INCREASES
TO
WATER AND WASTEWATER RATES
City of Fortuna, 2024
SECTION 1: Definitions.
Unless the context plainly indicates another meaning was intended, the following definitions shall apply in construction of these guidelines.
A. “Parcel” means a County Assessor’s parcel the owner or occupant of which is subject to the proposed charge that is the subject of the hearing.
B. “Record customer” and “customer of record” mean the person or persons whose name or names appear on the City records as the person who has contracted for, or is obligated to pay for, utility services to a particular utility account.
C. “Record owner” or “parcel owner” means the person or persons whose name or names appear on the County Assessor’s latest equalized assessment roll as the owner of a parcel.
D. A “fee protest proceeding” is not an election, but the City Clerk will maintain the confidentiality of protests as provided below and will maintain the security and integrity of protests at all times.
SECTION 2: Notice Delivery.
Notice of proposed rates and public hearing shall be as follows:
A. The City shall give notice of proposed charges via U.S. mail to all record owners and customers of record served by the City.
B. The City will post the notice of proposed charges and public hearing at its official posting sites.
SECTION 3: Protest Submittal.
A. Any record owner or customer of record who is subject to the proposed utility charge that is the City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
subject of the hearing may submit a written protest to the City Clerk, by:
a. Delivery to the City Utility Billing Customer Service Desk, 621 11th St, Fortuna CA 95540 during published business hours, or
b. Mail to City Clerk at PO Box 545, Fortuna CA 95540, or c. Personally submitting the protest at the public hearing.
B. Protests must be received by the end of the public hearing, including those mailed to the City. No postmarks will be accepted; therefore, any protest not physically received by the close of the hearing, whether or not mailed prior to the hearing, shall not be counted.
C. Although oral comments at the public hearing will not qualify as a formal protest, unless accompanied by a written protest; the City Council welcomes input from the community during the public hearing on the proposed charges.
SECTION 4: Protest Requirements.
A. A written protest must include:
a. A statement that it is a protest against the proposed charge that is the subject of the hearing.
b. Name of the record owner or customer of record who is submitting the protest; c. Identification of assessor’s parcel number, street address, or utility account number of the parcel with respect to which the protest is made;
d. Original signature and legibly printed name of the record owner or customer of record who is submitting the protest.
B. Protests shall not be counted if any of the required elements (i thru iv) outlined in the preceding subsection “A.” are omitted.
SECTION 5: Protest Withdrawal.
Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or customer of record who submitted both the protest and the request that it be withdrawn.
SECTION 6: Multiple Record Owners or Customers of Record.
A. Each record owner or customer of record of a parcel served by the City may submit a protest.
City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
This includes instances where:
a. A parcel is owned by more than one record owner or more than one name appears on the City’s records as the customer of record for a parcel, or b. A customer of record is not the record owner, or
c. A parcel includes more than one record customer, or
d. Multiple parcels are served via a single utility account, as master-metered multiple family residential units.
B. Only one protest will be counted per parcel as provided by Government Code Section 53755(b).
SECTION 7: Transparency, Confidentiality, and Disclosure.
A. To ensure transparency and accountability in the fee protest tabulation while protecting the privacy rights of record owners and customers of record, protests will be maintained in confidence until tabulation begins following the public hearing.
B. Once a protest is opened during the tabulation, it becomes a disclosable public record, as required by state law and will be maintained in City files for two years.
SECTION 8: City Clerk.
The City Clerk shall not accept as valid any protest if he or she determines that any of the following is true:
A. The protest does not state its opposition to the proposed charges.
B. The protest does not name the record owner or record customer of the parcel identified in the protest as of the date of the public hearing.
C. The protest does not identify a parcel served by the City that is subject to the proposed charge.
D. The protest does not bear an original signature of the named record owner of, or record customer with respect to, the parcel identified on the protest. Whether a signature is valid shall be entrusted to the reasonable judgment of the City Clerk, who may consult signatures on file with the County Elections Official.
E. The protest was altered in a way that raises a fair question as to whether the protest actually expresses the intent of a record owner or a customer of record to protest the charges.
F. The protest was not received by the City Clerk before the close of the public hearing on the proposed charges.
G. A request to withdraw the protest was received prior to the close of the public hearing on the City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
proposed charges.
SECTION 9: City Clerk’s Decisions Final.
The City Clerk’s decision that a protest is not valid shall constitute a final action of the City and shall not be subject to any internal appeal.
SECTION 10: Majority Protest.
A. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of, or customers of record with respect to, a majority (50% plus one) of the parcels subject to the proposed charge.
B. While the City may inform the public of the number of parcels served by the City when a notice of proposed rates is mailed, the number of parcels with active customer accounts served by the City on the date of the hearing shall control in determining whether a majority protest exists.
SECTION 11: Tabulation of Protests.
At the conclusion of the public hearing, the City Clerk shall tabulate all protests received, including those received during the public hearing, and shall report the result to the City Council. If the number of protests received is insufficient to constitute a majority protest, the City Clerk may determine the absence of a majority protest without validating the protests received, but may instead deem them all valid without further examination. Further, if the number of protests received is obviously substantially fewer than the number required to constitute a majority protest, the City Clerk may determine the absence of a majority protest without opening the envelopes in which protests are returned.
If according to the final tabulation of the protests from Record Owners, the number of protests submitted against the proposed increase of water and sewer rates exceeds 50 percent of either: a) the identified number of parcels within the utility service area, or b) the identified number of Record Owners within the utility service area who are subject to the increased water and sewer rates, then a “majority protest” exists and the City Council will not impose any increase to the water and sewer rates for that year.
.
City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
SECTION 12: Report of Tabulation.
If at the conclusion of the public hearing, the City Clerk determines that he or she will require additional time to tabulate the protests, he or she shall so advise the City Council, which may adjourn the meeting to allow the tabulation to be completed on another day or days. If so, the City Council shall declare the time at which the meeting shall be resumed to receive and act on the tabulation report of the City Clerk.
RESOLUTION 2024-21A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA, CALIFORNIA, SETTING FORTH THE RESULTS OF
PROTESTS IN CONNECTION WITH WATER RATE
HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF
PROPOSITION 218
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to rates (fees or charges) for utility services; and
WHEREAS, a Water Rate Study was prepared for the City of Fortuna by Jacobs Engineering Group Inc.and recommends increases to water rates to meet the on-going operational needs of the enterprise and needed funding for capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Water Rate Study at their regular meeting on May 6, 2024 and directed staff to administer the Proposition 218 majority protest process and send out notice of the proposed increases to all parcel owners subject to the increase and set a Public Hearing for July 1, 2024, to consider proposed water rate increases; and WHEREAS, notices of the proposed water rates and Public Hearing were mailed to all parcel owners subject to the proposed increases at least 45 days prior to the Public Hearing; and WHEREAS, the City Council conducted a Public Hearing for proposed water rates on July 1, 2024, to receive public comment and consider the results of protest proceedings in accordance with Proposition 218; and
WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of the July 1, 2024, Public Hearing and has determined that the number of valid protests received is insufficient to constitute a majority protest (50% plus 1).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fortuna:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated by reference.
SECTION 2: Protest Votes. The number of unique parcels eligible to file a protest was 4,630. The number of valid protests required to prevent adoption of the proposed rate increases is 2,315. The number of valid protests received by the City at the end of the Public Hearing was __________________.
SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of valid protests received on proposed water rates is accepted and sets forth that the protest results conclude that there is an insufficient number of valid protests received to constitute a majority protest to the proposed water rates, whereby allowing the consideration to adopt proposed water rates.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna held on the 1st day of July, 2024.
On motion by __________ and seconded by ___________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tami Trent, Mayor
ATTEST:
________________________________
Siana L. Emmons, City Clerk
APPROVED AS TO FORM:
________________________________
Ryan T. Plotz, City Attorney
RESOLUTION 2024-21B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA, CALIFORNIA, SETTING FORTH THE RESULTS OF
PROTESTS IN CONNECTION WITH WATER RATE
HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF
PROPOSITION 218
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to rates (fees or charges) for utility services; and
WHEREAS, a Water Rate Study was prepared for the City of Fortuna by Jacobs Engineering Group Inc. and recommends increases to water rates to meet the on-going operational needs of the enterprise and needed funding for capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Water Rate Study at their regular meeting on May 6, 2024 and directed staff to administer the Proposition 218 majority protest process and send out notice of the proposed increases to all parcel owners subject to the increase and set a Public Hearing for July 1, 2024, to consider proposed water rate increases; and WHEREAS, notices of the proposed water rates and Public Hearing were mailed to all parcel owners subject to the proposed increases at least 45 days prior to the Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed water rates on July 1, 2024, to receive public comment and consider the results of protest proceedings in accordance with Proposition 218; and
WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of the July 1, 2024, Public Hearing and has determined that the number of valid protests received is sufficient to constitute a majority protest (50% plus 1).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fortuna:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated by reference.
SECTION 2: Protest Votes. The number of unique parcels eligible to file a protest was 4,630. The number of valid protests required to prevent adoption of the proposed rate increases is 2,315. The number of valid protests received by the City at the end of the July 1, 2024, Public Hearing was _______.
SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of valid protests received on proposed water rates is accepted and sets forth that the protest results conclude that there is a sufficient number of valid protests received to constitute a majority protest to the proposed water rates, whereby disallowing the consideration to adopt proposed water rates.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna held on the 1
st day of July, 2024.
On motion by __________ and seconded by ___________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tami Trent, Mayor
ATTEST:
_______________________________
Siana L. Emmons, City Clerk
APPROVED AS TO FORM:
_______________________________
Ryan Plotz, City Attorney
Public Hearing Item 5b
STAFF REPORT
City Council Business Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing: Proposition 218 Majority Protest Process Relative to Proposed Increase to Wastewater (Sewer) Rates
STAFF RECOMMENDATION:
Open and conduct a public hearing to receive all written and verbal testimony regarding the proposed wastewater (sewer) rates and consider the results of protest proceedings in accordance with Proposition 218; adopt a resolution certifying the protest results.
EXECUTIVE SUMMARY:
The City of Fortuna owns and operates a municipal wastewater conveyance and treatment system comprised of over 50-miles of sanitary sewer collection mains, numerous wastewater lift stations, and a wastewater treatment plant. The operation, maintenance, and improvement of these systems is funded by user rates, which are collected through monthly bills to the City’s customers. As the Council is aware, in recent years operational and maintenance costs are beginning to exceed revenues. Additionally, the City is under compliance schedules with the State Water Board that will require large and expensive improvements to the City’s infrastructure, much of which will need to be funded through wastewater user rates. Understanding the need to adjust rates to cover current and projected future operations, maintenance, and improvement costs, staff in late 2023 began the rate study process.
This process began by retaining Jacobs Engineering, the City’s engineering consultant on the NPDES Compliance Project (CIP 0171), to complete the rate study. At the April 15th 2024 regular City Council meeting, City and Jacobs staff presented the draft proposed rate adjustments that are required to cover anticipated expenses over the next five years. The approach presented at that meeting was based on performing a large year-one adjustment, followed by more modest adjustments in the subsequent four years. After a comprehensive discussion, the Council directed staff to revise the proposed adjustment strategy to lower the initial year increase as much as feasible, and spread the adjustments out more evenly over the five-year period. A revised rate adjustment approach was then presented to the Council at the May 6th 2024 regular City Council meeting, and Council provided direction to staff to begin the Proposition 218 (Prop 218) noticing process with the revised rate adjustment approach. A table showing the original and revised sewer rate adjustment percentages is included in Attachment A.
Public Hearing Item 5b
Immediately following the May 6th meeting, staff worked with the City’s rate study consultants to finalize a Prop 218 Mailer and Frequently Asked Questions (FAQ) handout, which provided to the City’s customers and property owners information regarding the proposed rate increases, the purpose and need for performing increases, and the methods to protest the proposed increases. The mailers were sent out to all parcels identified in the most current County Property Tax Roll, in additional to all customers associated with the City’s wastewater billing system. The mailers where generated and processed by UBEO, a business services company retained by the City, and the mailers where sent on Friday May 17th. The public hearing date for the proposed rate increases was set for the July 1st regular City Council meeting, which provided for the required 45-day noticing period pursuant to Prop 218.
Since distributing the mailers, the City Clerks staff have been collecting and filing any and all protests received from property owners and rate payers in the City of Fortuna. To date the City has received approximately 200 verified protests meeting the City’s protest procedure requirements.
The City’s protest procedure requirements are included as Attachment B and have been made available on the City’s website. Pursuant to Prop 218, written protests can be received all the way through the closure of the public hearing for this item. Citizens can also attend the public hearing and provide verbal comments or protests, but it should be noted that only signed, written protests meeting the City’s established requirement will be accounted for in the Prop 218 protest tally.
Upon closure of the public hearing associated with this item, the City Clerk will provide a count of the unverified protests and report to the Council the number. Overall, for the proposed rate increases to be rejected by the properties assessed within the City’s wastewater service area, a majority (50% plus one vote) must be received and verified as valid. The City has approximately 4,630 parcels connected to the City’s wastewater system, and therefore approximately 2,315 verified protests would need to be received to reject the increases. If the number of protests received at the closure of public hearing remains below the 50% threshold, the final protest count can be reported as an unverified total. Should the number of protests exceed the 50% threshold, staff would recommend continuing the public hearing to a special meeting in the days following, given that protest verification would need to take place to substantiate protests, which will take additional time.
After closure of the public hearing and a count of the protests is given by the City Clerk, the Council will be asked to adopt one of two resolutions certifying the results of the Prop 218 protest process.
The first Resolution, 2024-22C, certifies a non-majority protest result, while 2024-22D would certify a majority protest vote. The protest number in either resolution would be included prior to final signature, and both versions of the resolution are included as Attachments C and D.
FINANCIAL IMPACT:
The financial impact of this hearing will be dependent on the number of valid written protests received. If a non-majority of protests are received and Resolution 2024-22C is adopted, then the wastewater rates increases for the following fiscal year budget will be considered in a subsequent business item. If a majority of valid written protests are received and Resolution 2024-22D is adopted then there would be no change to the wastewater rates in the coming fiscal year.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation
Public Hearing Item 5b
2. Open and conduct a public hearing to receive all written and verbal testimony regarding the proposed water rates and consider the results of the protests proceedings in accordance with Proposition 218;
3. Close the public hearing;
4. Adopt one of the following resolutions certifying the protest results:
a. For a non-majority protest – Resolution 2024-22C certifying that the number of valid written protests were not received from property owners representing a majority of the parcels subject to the proposed rate increase. b. For a majority protest - Resolution 2024-22D certifying that the number of valid written protests were received from property owners representing a majority of the parcels subject to the proposed rate increase.
Attachments:
Attachment A – Initial and Revised Proposed 5-year Wastewater (Sewer) Rate Increases Attachment B – City Prop 218 Protest Procedures
Attachment C – Resolution 2024-22C
Attachment D – Resolution 2024-22D
Attachment A
Table 1. Draft and Final Annual Wastewater (Sewer) Rate Increases (%) for Five Year Period.
Year % Sewer Increase Presented at April
15th City Council Meeting
Revised % Sewer Increase Approved
at May 6th City Council Meeting
FY 24/25 40% 30%
FY 25/26 25% 22.5%
FY 26/27 10% 22.5%
FY 27/28 3% 10%
FY 28/29 3% 4%
Table 2. Proposed annual wastewater (sewer) system connection fees.
Current FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
Standard
Connection $4,445 $5,070 $5,695 $6,321 $6,946 $7,571
Cost/Additional
Fixture Unit $318 $363 $407 $452 $496 $541
City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
PROTEST PROCEDURES FOR PROPOSED INCREASES
TO
WATER AND WASTEWATER RATES
City of Fortuna, 2024
SECTION 1: Definitions.
Unless the context plainly indicates another meaning was intended, the following definitions shall apply in construction of these guidelines.
A. “Parcel” means a County Assessor’s parcel the owner or occupant of which is subject to the proposed charge that is the subject of the hearing.
B. “Record customer” and “customer of record” mean the person or persons whose name or names appear on the City records as the person who has contracted for, or is obligated to pay for, utility services to a particular utility account.
C. “Record owner” or “parcel owner” means the person or persons whose name or names appear on the County Assessor’s latest equalized assessment roll as the owner of a parcel.
D. A “fee protest proceeding” is not an election, but the City Clerk will maintain the confidentiality of protests as provided below and will maintain the security and integrity of protests at all times.
SECTION 2: Notice Delivery.
Notice of proposed rates and public hearing shall be as follows:
A. The City shall give notice of proposed charges via U.S. mail to all record owners and customers of record served by the City.
B. The City will post the notice of proposed charges and public hearing at its official posting sites.
SECTION 3: Protest Submittal.
A. Any record owner or customer of record who is subject to the proposed utility charge that is the City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
subject of the hearing may submit a written protest to the City Clerk, by:
a. Delivery to the City Utility Billing Customer Service Desk, 621 11th St, Fortuna CA 95540 during published business hours, or
b. Mail to City Clerk at PO Box 545, Fortuna CA 95540, or c. Personally submitting the protest at the public hearing.
B. Protests must be received by the end of the public hearing, including those mailed to the City. No postmarks will be accepted; therefore, any protest not physically received by the close of the hearing, whether or not mailed prior to the hearing, shall not be counted.
C. Although oral comments at the public hearing will not qualify as a formal protest, unless accompanied by a written protest; the City Council welcomes input from the community during the public hearing on the proposed charges.
SECTION 4: Protest Requirements.
A. A written protest must include:
a. A statement that it is a protest against the proposed charge that is the subject of the hearing.
b. Name of the record owner or customer of record who is submitting the protest; c. Identification of assessor’s parcel number, street address, or utility account number of the parcel with respect to which the protest is made;
d. Original signature and legibly printed name of the record owner or customer of record who is submitting the protest.
B. Protests shall not be counted if any of the required elements (i thru iv) outlined in the preceding subsection “A.” are omitted.
SECTION 5: Protest Withdrawal.
Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or customer of record who submitted both the protest and the request that it be withdrawn.
SECTION 6: Multiple Record Owners or Customers of Record.
A. Each record owner or customer of record of a parcel served by the City may submit a protest.
City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
This includes instances where:
a. A parcel is owned by more than one record owner or more than one name appears on the City’s records as the customer of record for a parcel, or b. A customer of record is not the record owner, or
c. A parcel includes more than one record customer, or
d. Multiple parcels are served via a single utility account, as master-metered multiple family residential units.
B. Only one protest will be counted per parcel as provided by Government Code Section 53755(b).
SECTION 7: Transparency, Confidentiality, and Disclosure.
A. To ensure transparency and accountability in the fee protest tabulation while protecting the privacy rights of record owners and customers of record, protests will be maintained in confidence until tabulation begins following the public hearing.
B. Once a protest is opened during the tabulation, it becomes a disclosable public record, as required by state law and will be maintained in City files for two years.
SECTION 8: City Clerk.
The City Clerk shall not accept as valid any protest if he or she determines that any of the following is true:
A. The protest does not state its opposition to the proposed charges.
B. The protest does not name the record owner or record customer of the parcel identified in the protest as of the date of the public hearing.
C. The protest does not identify a parcel served by the City that is subject to the proposed charge.
D. The protest does not bear an original signature of the named record owner of, or record customer with respect to, the parcel identified on the protest. Whether a signature is valid shall be entrusted to the reasonable judgment of the City Clerk, who may consult signatures on file with the County Elections Official.
E. The protest was altered in a way that raises a fair question as to whether the protest actually expresses the intent of a record owner or a customer of record to protest the charges.
F. The protest was not received by the City Clerk before the close of the public hearing on the proposed charges.
G. A request to withdraw the protest was received prior to the close of the public hearing on the City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
proposed charges.
SECTION 9: City Clerk’s Decisions Final.
The City Clerk’s decision that a protest is not valid shall constitute a final action of the City and shall not be subject to any internal appeal.
SECTION 10: Majority Protest.
A. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of, or customers of record with respect to, a majority (50% plus one) of the parcels subject to the proposed charge.
B. While the City may inform the public of the number of parcels served by the City when a notice of proposed rates is mailed, the number of parcels with active customer accounts served by the City on the date of the hearing shall control in determining whether a majority protest exists.
SECTION 11: Tabulation of Protests.
At the conclusion of the public hearing, the City Clerk shall tabulate all protests received, including those received during the public hearing, and shall report the result to the City Council. If the number of protests received is insufficient to constitute a majority protest, the City Clerk may determine the absence of a majority protest without validating the protests received, but may instead deem them all valid without further examination. Further, if the number of protests received is obviously substantially fewer than the number required to constitute a majority protest, the City Clerk may determine the absence of a majority protest without opening the envelopes in which protests are returned.
If according to the final tabulation of the protests from Record Owners, the number of protests submitted against the proposed increase of water and sewer rates exceeds 50 percent of either: a) the identified number of parcels within the utility service area, or b) the identified number of Record Owners within the utility service area who are subject to the increased water and sewer rates, then a “majority protest” exists and the City Council will not impose any increase to the water and sewer rates for that year.
.
City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
SECTION 12: Report of Tabulation.
If at the conclusion of the public hearing, the City Clerk determines that he or she will require additional time to tabulate the protests, he or she shall so advise the City Council, which may adjourn the meeting to allow the tabulation to be completed on another day or days. If so, the City Council shall declare the time at which the meeting shall be resumed to receive and act on the tabulation report of the City Clerk.
RESOLUTION 2024-22C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA, CALIFORNIA, SETTING FORTH THE RESULTS OF
PROTESTS IN CONNECTION WITH WASTEWATER RATE
HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF
PROPOSITION 218
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to rates (fees or charges) for utility services; and
WHEREAS, a Wastewater Rate Study was prepared for the City of Fortuna by Jacobs Engineering Group Inc.and recommends increases to wastewater rates to meet the on-going operational needs of the enterprise and needed funding for capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Wastewater Rate Study at their regular meeting on May 06, 2024, and directed staff to administer the Proposition 218 majority protest process and send out notice of the proposed increases to all parcel owners subject to the increase and set a Public Hearing for July 1, 2024, to consider proposed wastewater rate increases; and WHEREAS, notices of the proposed wastewater rates and Public Hearing were mailed to all parcel owners subject to the proposed increases at least 45 days prior to the Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates on July 1, 2024, to receive public comment and consider the results of protest proceedings in accordance with Proposition 218; and
WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of the July 1, 2024, Public Hearing and has determined that the number of valid protests received is insufficient to constitute a majority protest (50% plus 1).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fortuna:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated by reference.
SECTION 2: Protest Votes. The number of unique parcels eligible to file a protest was 4,630. The number of valid protests required to prevent adoption of the proposed rate increases is 2,315. The number of valid protests received by the City at the end of the Public Hearing was __________________.
SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of valid protests received on proposed wastewater rates is accepted and sets forth that the protest results conclude that there is an insufficient number of valid protests received to constitute a majority protest to the proposed wastewater rates, whereby allowing the consideration to adopt proposed wastewater rates.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna held on the 1st day of July, 2024.
On motion by __________ and seconded by ___________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tami Trent, Mayor
ATTEST:
________________________________
Siana L. Emmons, City Clerk
APPROVED AS TO FORM:
________________________________
Ryan T. Plotz, City Attorney
RESOLUTION 2024-22D
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA, CALIFORNIA, SETTING FORTH THE RESULTS OF
PROTESTS IN CONNECTION WITH WASTEWATER RATE
HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF
PROPOSITION 218
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to rates (fees or charges) for utility services; and
WHEREAS, a Wastewater Rate Study was prepared for the City of Fortuna by Jacobs Engineering Group Inc. and recommends increases to wastewater rates to meet the on-going operational needs of the enterprise and needed funding for capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Wastewater Rate Study at their regular meeting on May 06, 2024, and directed staff to administer the Proposition 218 majority protest process and send out notice of the proposed increases to all parcel owners subject to the increase and set a Public Hearing for July 1, 2024, to consider proposed wastewater rate increases; and WHEREAS, notices of the proposed wastewater rates and Public Hearing were mailed to all parcel owners subject to the proposed increases at least 45 days prior to the Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates on July 1, 2024, to receive public comment and consider the results of protest proceedings in accordance with Proposition 218; and
WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of the July 1, 2024, Public Hearing and has determined that the number of valid protests received is sufficient to constitute a majority protest (50% plus 1).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fortuna:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated by reference.
SECTION 2: Protest Votes. The number of unique parcels eligible to file a protest was 4,630. The number of valid protests required to prevent adoption of the proposed rate increases is 2,315. The number of valid protests received by the City at the end of the July 1, 2024, Public Hearing was _______.
SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of valid protests received on proposed wastewater rates is accepted and sets forth that the protest results conclude that there is a sufficient number of valid protests received to constitute a majority protest to the proposed wastewater rates, whereby disallowing the consideration to adopt proposed water rates.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna held on the 1
st day of July, 2024.
On motion by __________ and seconded by ___________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tami Trent, Mayor
ATTEST:
_______________________________
Siana L. Emmons, City Clerk
APPROVED AS TO FORM:
_______________________________
Ryan Plotz, City Attorney
Business Item 6a
STAFF REPORT
City Council Business Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THRU: Merritt Perry, City Manager
SUBJECT: Consider Adopting Schedule of Fees and Charges for Water Service; Resolution 2024-23
STAFF RECOMMENDATION:
Review and adopt schedule of fees and charges for water service; Resolution 2024-23 EXECUTIVE SUMMARY:
At the April 15th 2024 regular City Council meeting, City and Jacobs staff presented the draft proposed rate adjustments that are required to cover anticipated expenses over the next five years. At that meeting the Council directed staff to revise the proposed adjustment strategy to lower the initial year increase as much as feasible, and spread the adjustments out more evenly over the five-year period.
At the May 6th 2024 regular City Council meeting a revised rate adjustment approach was presented to the Council and Council provided direction to staff to begin the Proposition 218 (Prop 218) noticing process with the revised rate adjustment approach.
At the July 1st 2024 regular City Council meeting the Prop 218 hearing will be completed. Based on the outcome of the hearing, so long as the hearing does not result in enough protests, rates can formally be adopted into the City’s fee schedule.
For transparency and clarity, the adopted fees from FY 23-24, the proposed changes to the adopted FY 23- 24 fees and the proposed FY 24-25 fees are all presented in the attached proposed fee schedule.
FISCAL IMPACT:
The various rates and fees for services have a direct financial impact on City revenues. The changes included in the adopted Fee Schedule will be incorporated into the FY 24-25 Budget.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff
2. Open Public Comment
3. Close Public Comment
4. Motion to Adopt Resolution 2024-23; and read by title only. Roll Call Vote ATTACHMENTS:
FY 24-25 Proposed Water Fee Schedule
Draft Resolution 2024-23; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA ADOPTING A SCHEDULE OF FEES AND CHARGES FOR WATER SERVICE AND
FINDING THE ACTION EXEMPT FROM CEQA
Attachment A
Table 1. Draft and Final Annual Water Rate Increases (%) for Five Year Period.
Year % Water Increase Presented at April
15th City Council Meeting
Revised % Water Increase Approved
at May 6th City Council Meeting
FY 24/25 60% 20%
FY 25/26 5% 20%
FY 26/27 5% 20%
FY 27/28 3% 15%
FY 28/29 3% 5%
Table 2. Updated proposed annual water system connection fees.
Meter Size Current FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 5/8” by ¾” $2,165.00 $2,469.60 $2,774.20 $3,078.80 $3,383.40 $3,688.00 1” $5,542.00 $6,277.40 $7,012.80 $7,748.20 $8,483.60 $9,219.00
1.5” $12,470.00 $13,663.60 $14,857.20 $16,050.80 $17,244.40 $18,438.00 2” $22,170.00 $23,636.20 $25,102.40 $26,568.60 $28,034.80 $29,501.00 3” $49,882.00 $51,706.00 $53,530.00 $55,354.00 $57,178.00 $59,002.00 4” $88,678.00 $89,380.60 $90,083.20 $90,785.80 $91,488.40 $92,191.00 6” $199,526.00 $184,382.00 $184,382.00 $184,382.00 $184,382.00 $184,382.00
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
5. WATER SERVICE CHARGES
A. Inside City Limits
Base Monthly Charge (includes first 300 cu. Ft. of usage), charged depending on Meter Size
5/8" by 3/4" $ 23.04 20% $ 27.65
1" $ 44.07 20% $ 52.88
1 1/2" $ 87.21 20% $ 104.65
2" $ 147.61 20% $ 177.13
3" $ 320.16 20% $ 384.19
4" $ 561.73 20% $ 674.08
6" $ 1,251.95 20% $ 1,502.34
Usage Charge (usage over 300 cu. Ft.), per 100 cu. Ft. $ 1.90 20% $ 2.28 B. Outside City Limits
C. Multiple Unit Water Rate Calculation
Inside the City Limits and the Campton Heights Service Area the rates to be charged for water supplied monthly through meters are as follows:
Outside the City Limits and Campton Heights Service Area the rate charged shall be one and one-half (1.5) times the rate for service within the City Limits.
The water rates for multiple units will be calculated by multiplying the lowest base charge fee and the usage charge by the number of units.
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
D. Summer Usage Charge
E. Penalties
Overdue payment amounts will be assessed a penalty.
Per month charge 10% 10%
6. OTHER WATER SERVICES CHARGES
A. Water Service Deposit
Deposit Required:
New Customers $ 125.00 $ 125.00
Customers who have been shut off for nonpayment more than twice in a two year period. If a deposit already exists on account customer will pay amount equal to but not to exceed the full required deposit
$ 150.00 $ 150.00
B. Delinquent Shut Off Fee and NSF Check Charge
Delinquent Shut Off Fee:
First time $ 75.00 $ 75.00
Each subsequent time $ 100.00 $ 100.00
Meter Re-Set $ 50.00 $ 50.00
Meter Test $ 50.00 $ 50.00
Broken Padlock / Tampering Charge $ 50.00 $ 50.00
NSF Check Charge $ 30.00 $ 30.00
Chargeback Fee $ 30.00 $ 30.00
Between May and November each year summer water consumption allotment will be in effect for all customers. The summer consumption allotment will provide each customer under the base rate with an additional 200 cubic feet of water each month.
A deposit will be required by the consumer for turning on the water supply prior to the opening of a new account or for turning the water back on after shutoff.
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
7. BACKFLOW PREVENTION DEVICES
3/4" & 1" Meters $ 8.33 $ 8.33
Greater than 1" Meters $ 8.33 $ 8.33
8. HYDRANT METER DEPOSIT
Deposit $ 1,600.00 $ 1,600.00
Charges:
Base Charge (Charged Quarterly) $ 100.00 $ 100.00
Per 100 cu. Ft. $ 2.85 20% $ 3.42
9. SALE OF BULK WATER
Base Charge (Charged Quarterly) $ 30.00 $ 30.00
Per 100 cu. Ft. $ 5.00 20% $ 6.00
An additional monthly fee will be charged to those services that are required to maintain testable backflow prevention devices as follows:
A deposit will be charged for the use of a City fire hydrant meter for construction and development purposes. The monthly rates to be charged for the use of a City fire hydrant meter shall be as follows:
Customers purchasing water in bulk from the City of Fortuna shall pay a base charge as well as a usage charge. Bulk water shall only be taken from a location specified by the City.
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
10. STANDBY FIRE SERVICE CAPACITY CHARGE
Size - Fire Service (Monthly Charge)
2" $ 27.89 20% $ 33.47
3" $ 50.79 20% $ 60.95
4" $ 82.85 20% $ 99.42
6" $ 174.47 20% $ 209.36
8" $ 302.73 20% $ 363.28
10" $ 467.63 20% $ 561.16
11. INSTALLATION FEES FOR WATER SYSTEM
A. Service Line Installation
Meter Size:
3/4" $ 2,670.00 $ 2,670.00
1" $ 2,910.00 $ 2,910.00
1 1/2" $ 4,025.00 $ 4,025.00
2" $ 4,200.00 $ 4,200.00
> 2" Actual Cost of
Labor and
Materials
Actual Cost of
Labor and
Materials
If the water service connection requires a service line to be installed to the property line and the setting of a water meter, the fee shall be as follows:
The monthly rates to be charged for private standby fire sprinkler services connected to the water system shall be as follows:
There is hereby established fees for new connections to the City's Water System based upon the size of the meter to be installed and the availability of a water main in the street fronting the property. The fees for said water service shall be based upon one of the following conditions:
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
B. Set Meter Only
Meter Size:
3/4" $ 495.00 $ 495.00
1" $ 610.00 $ 610.00
1 1/2" $ 1,556.00 $ 1,556.00
2" $ 1,765.00 $ 1,765.00
> 2" Actual Cost of
Labor and
Materials
Actual Cost of
Labor and
Materials
C. Main Line Extensions
D. Backflow Prevention Devices (BPD) (if required)
Meter Size:
3/4" $ 402.00 $ 402.00
1" $ 506.00 $ 506.00
1 1/2" $ 721.00 $ 721.00
2" $ 852.00 $ 852.00
> 2" Actual Cost of
Labor and
Materials
Actual Cost of
Labor and
Materials
If the service line and the meter box have been installed at the property line, the fee shall be as follows:
If a main line extension is required to reach the property, the fee for said extension shall be determined by the actual cost of labor and materials based upon size of the line required. The minimum line size for said main line extensions shall be six (6) inches.
A backflow device shall be required on all connections with a secondary source of water and all irrigation services directly connected to the system. The fee for installation by the City shall be as follows:
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
12. WATER SYSTEM CAPITAL CONNECTION FEES
A. Inside City Limits
Basis for Connection Fees - Capital Cost Buy-in
Meter Size (LUE)
5/8" by 3/4" (1.0 LUE) $ 2,165.00 $ 304.60 $ 2,469.60
1" (2.5 LUE) $ 5,542.40 $ 735.00 $ 6,277.40
1 1/2" (5.0 LUE) $ 12,470.40 $ 1,193.20 $ 13,663.60
2" (8.0 LUE) $ 22,169.60 $ 1,466.60 $ 23,636.20
3" (16.0 LUE) $ 49,881.60 $ 1,824.40 $ 51,706.00
4" (25.0 LUE) $ 88,678.40 $ 702.20 $ 89,380.60
6" (50.0 LUE) $ 199,526.40 $ (15,144.40) $ 184,382.00
B. Outside City Limits
C. Drake Hill Capital Connection
Additional Fee $ 2,484.00 $ 2,484.00
Water System Connection Fees charged based on meter size, with the base fee for a Living Unit Equivalent (LUE) being for a 5/8 x 3/4 inch meter. Larger meters charged based on capacity (area), same basis as used for monthly rates.
Rates effective on date of Building Permit submittal
Outside the City Limits the rate charged shall be one and one-half (1.5) times the rate for service within the City Limits.
For any new connection south of Drake Hill Road and serviced by the Drake Hill Road pump station and connecting to the Fortuna Water System there shall be an additional charge for each unit of service.
There shall be collected and deposited into the Water System Capital Improvement Fund a capital connection fee for any new connection to the Fortuna Water System charged per unit of service.
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
D. New Residential Connections
For any new connection (residential only) requiring a one inch water meter for a fire sprinkler system (as per the new building codes), that would previously only required a 5/8 x 3/4 water meter, will only be charged a Capital Connection Fee of $2,469.60. Any other requirement for a one-inch water meter that is NOT due to a fire sprinkler system will be charged the regular Capital Connection Fee. All other fees (service installation, monthly service charges, etc.) associated with a one inch meter will be charged at the rate specified in the fee schedule for a one inch meter.
1 RESOLUTION 2024-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
ADOPTING A SCHEDULE OF FEES AND CHARGES FOR WATER SERVICE AND
FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Fortuna commissioned Jacobs Engineering Group Inc. (“Jacobs”) to prepare a water rate study for the City of Fortuna; and WHEREAS, by way of the water rate study, Jacobs outlined the need and basis for an adjustment to existing water rates in order to continue to maintain and operate the City’s water utility system; and
WHEREAS, Jacobs presented its findings to the City Council on April 15, 2024, and the Council accepted the water rate study report; and
WHEREAS, on May 06, 2024, the City Council directed staff to proceed with the rate adjustment process for the proposed rates, including notifying property owners and water customers of the proposed rates and conducting a public hearing prior to final adoption; and WHEREAS, the Proposition 218 Omnibus Act (as set forth in Government Code section 53756) authorizes the adoption of a five-year schedule of water rates with automatic rate adjustments in order to keep pace with changes in operating and maintenance costs, and help the utility maintain a prudent operating and capital reserve; and WHEREAS, in compliance with Article XIID of the California Constitution and the Proposition 218 Omnibus Act, on or about May 17, 2024, the City mailed written notice to all affected property owners and water customers of record providing notice of the proposed charges, the amount of the proposed charges, the basis for the calculation, the reason for the charge, and the date, time, and location for a public hearing on the proposed charges not less than 45 days after the notice; and
WHEREAS, the City Council conducted a public hearing on July 1, 2024, at which time it considered all written and oral protests; and
WHEREAS, as set forth in Resolution 2024-21A, the City Council found that written protests to the water rates were not presented by a majority of affected property owners and customers of record; and
WHEREAS, by way of this Resolution, the City Council desires to adopt the proposed rates to be effective as of July 1, 2024.
2 NOW, THEREFORE, the City Council of the City of Fortuna does hereby resolve as follows:
1. Findings. The above-recitals are incorporated herein as if set forth in full and each is relied upon independently by the City Council for its adoption of this Resolution. In accordance with Article XIII D, Section 6(b), of the California Constitution, and in reliance on the Water Rate Study previously approved by the City Council and the materials presented by staff, the City Council finds that:
a. The revenues derived from the water service charges shall not exceed the funds required to provide water service, because the rates are calculated to allow the City to recover its costs;
b. The revenues derived from the water service charge will not be used for any purpose other than that for which the charge is imposed, because the revenue will be kept in a separate fund used only for costs related to the provision of water service;
c. The amount of the charge does not exceed the proportional cost of the water service attributable to each parcel, because it is based upon necessary pipe size and water consumption;
d. The water service charge will not be imposed upon parcels for which water service is not immediately available; and
e. The water service charge will be used to enable the City to provide water service rather than general governmental services.
2. Adoption of Rate Schedule. Pursuant to Government Code section 53756, the five-year schedule of water rates set forth in Exhibit A is hereby adopted, and such rates and charges shall be effective July 1, 2024.
3. CEQA Finding. This action is not a project within the meaning of Section 15378 of the CEQA (California Environmental Quality Act) Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. In the event that this resolution is found to be a project under CEQA, this action is statutorily exempt from CEQA pursuant to Public Resources Section 21080(b )(8) and CEQA exemptions contained in CEQA Guidelines section 15273 (a), because it constitutes the establishment of charges for the purpose of obtaining funds to meet the water utility's financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements within existing service areas, and also exempt under the common-sense exemption set forth in CEQA Guidelines section 15061 (b) (3 ), because it can be seen with certainty to have no possibility of a significant effect on the environment.
4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this Resolution, including any individual rate or fee or component thereof, is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining provisions of this Resolution. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna on July 1, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Tami Trent, Mayor
Attest:
Siana L. Emmons, City Clerk
4 EXHIBIT A
Table 1. Draft and Final Annual Water Rate Increases (%) for Five Year Period.
Year % Water Increase Presented at
April 15th City Council Meeting
Revised % Water Increase
Approved at May 6th City
Council Meeting
FY 24/25 60% 20%
FY 25/26 5% 20%
FY 26/27 5% 20%
FY 27/28 3% 15%
FY 28/29 3% 5%
Table 2. Updated proposed annual water system connection fees.
Meter
Size
Current FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
5/8”
by ¾”
$2,165.00 $2,469.60 $2,774.20 $3,078.80 $3,383.40 $3,688.00 1” $5,542.00 $6,277.40 $7,012.80 $7,748.20 $8,483.60 $9,219.00
1.5” $12,470.00 $13,663.60 $14,857.20 $16,050.80 $17,244.40 $18,438.00 2” $22,170.00 $23,636.20 $25,102.40 $26,568.60 $28,034.80 $29,501.00 3” $49,882.00 $51,706.00 $53,530.00 $55,354.00 $57,178.00 $59,002.00 4” $88,678.00 $89,380.60 $90,083.20 $90,785.80 $91,488.40 $92,191.00 6” $199,526.00 $184,382.00 $184,382.00 $184,382.00 $184,382.00 $184,382.00 Business Item 6b
STAFF REPORT
City Council Business Item
DATE: July 1, 2024
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THRU: Merritt Perry, City Manager
SUBJECT: Consider Adopting Schedule of Fees and Charges for Wastewater Service; Resolution 2024-24
STAFF RECOMMENDATION:
Review and adopt schedule of fees and charges for wastewater service; Resolution 2024-24 EXECUTIVE SUMMARY:
At the April 15th 2024 regular City Council meeting, City and Jacobs staff presented the draft proposed rate adjustments that are required to cover anticipated expenses over the next five years. At that meeting the Council directed staff to revise the proposed adjustment strategy to lower the initial year increase as much as feasible, and spread the adjustments out more evenly over the five-year period.
At the May 6th 2024 regular City Council meeting a revised rate adjustment approach was presented to the Council and Council provided direction to staff to begin the Proposition 218 (Prop 218) noticing process with the revised rate adjustment approach.
At the July 1st 2024 regular City Council meeting the Prop 218 hearing will be completed. Based on the outcome of the hearing, so long as the hearing does not result in enough protests, rates can formally be adopted into the City’s fee schedule.
For transparency and clarity, the adopted fees from FY 23-24, the proposed changes to the adopted FY 23- 24 fees and the proposed FY 24-25 fees are all presented in the attached proposed fee schedule.
FISCAL IMPACT:
The various rates and fees for services have a direct financial impact on City revenues. The changes included in the adopted Fee Schedule will be incorporated into the FY 24-25 Budget.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff
2. Open Public Comment
3. Close Public Comment
4. Motion to Adopt Resolution 2024-24; and read by title only. Roll Call Vote ATTACHMENTS:
FY 24-25 Proposed Wastewater Fee Schedule
Draft Resolution 2024-24; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA ADOPTING A SCHEDULE OF FEES AND CHARGES FOR WASTEWATER SERVICE
AND FINDING THE ACTION EXEMPT FROM CEQA
Attachment A
Table 1. Draft and Final Annual Wastewater (Sewer) Rate Increases (%) for Five Year Period.
Year % Sewer Increase Presented at April
15th City Council Meeting
Revised % Sewer Increase Approved
at May 6th City Council Meeting
FY 24/25 40% 30%
FY 25/26 25% 22.5%
FY 26/27 10% 22.5%
FY 27/28 3% 10%
FY 28/29 3% 4%
Table 2. Proposed annual wastewater (sewer) system connection fees.
Current FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
Standard
Connection $4,445 $5,070 $5,695 $6,321 $6,946 $7,571
Cost/Additional
Fixture Unit $318 $363 $407 $452 $496 $541
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
1. SEWER SERVICE CHARGES
A. Inside City Limits
Residential: Includes all residential dwelling units including single family, apartments.
Base Charge (includes first 500 cu. ft.) $ 38.75 30% $ 50.38 Additional Charge for usage over 500 cubic feet, per 100 Cubic feet $ 8.61 30% $ 11.19 Light Commercial: Includes all businesses that produce an effluent with a strength factor of less than 200 mg/l.
Base Charge (includes first 500 cu. ft.) $ 38.02 30% $ 49.43 Additional Charge for usage over 500 cubic feet, per 100 Cubic feet $ 8.45 30% $ 10.99 Medium Commercial: Includes all businesses that produce an effluent with a strength factor of between 200mg/l and 500mg/l.
Base Charge (includes first 500 cu. ft.) $ 49.02 30% $ 63.73 Additional Charge for usage over 500 cubic feet, per 100 Cubic feet $ 10.89 30% $ 14.16 Heavy Commercial: Includes all businesses that produce an effluent with a strength factor of greater than 500mg/l.
Base Charge (includes first 500 cu. ft.) $ 96.69 30% $ 125.70 Additional Charge for usage over 500 cubic feet, per 100 Cubic feet $ 21.49 30% $ 27.94 Industrial: Includes any industry where the waste is difficult to treat because of strength, flow, or solids
Base Charge (includes first 2590 cu. ft.) $ 767.56 30% $ 997.83 Additional Charge for usage over 2590 cubic feet, per 100 Cubic feet $ 29.64 30% $ 38.53 Palmer Creek CSD
Base Charge (includes first 2590 cu. ft.) $ 168.02 30% $ 218.43 Additional Charge for usage over 2590 cubic feet, per 100 Cubic feet $ 6.49 30% $ 8.44 B. Outside City Limits
The rate charged shall be one and one-half (1.5) times the rate for service within the City Limits.
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
C. Multiple Unit Sewer Rate Calculation
D. Summer Bill Calculation
E. Penalties
Overdue payment amounts will be assessed a penalty.
Per month charge 10% 10%
2. SPECIAL AGREEMENTS
A. Biological Oxygen Demand (BOD), Total Suspended Solids (TSS) and Volume (Flow) Residential, Light Commercial, Medium Commercial, Heavy Commercial and Industrial:
$/Ib BOD $ 1.36 30% $ 1.77
$/Ib TSS $ 1.25 30% $ 1.63
$/100 cu. Ft. $ 5.19 30% $ 6.75
Palmer Creek:
$/Ib BOD $ 1.23 30% $ 1.60
$/Ib TSS $ 1.13 30% $ 1.47
$/100 cu. Ft. $ 3.91 30% $ 5.08
The sewer rates for residential multiple units will be calculated by multiplying the residential rate by the number of units. If a commercial establishment has multiple units, the highest user class rate will be used and multiplied by the number of units.
Residential Sewer usage for the months of May through November will be based upon an average water usage from the previous winter months of December through April.
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
3. DISCHARGE FEES
A. Discharge Fees
Single discharges of less than 1,000 gallons of petroleum contaminated water as approved by the Public Works Director
Actual cost for
staff time
expended for
inspection.
Actual cost for
staff time
expended for
inspection.
Long term discharge of fully treated ground water No additional costs
No additional
costs
Septic Discharges $100.00 per
truckload
$100.00 per
truckload
Portable Toilet discharges $100.00 per
truckload
$100.00 per
truckload
Contaminated Water $100.00 per
truckload
$100.00 per
truckload
B. Waste Discharge Permit
Per each two-year permit period $ 200.00 $ 200.00
4. STORM DRAINAGE FEES
A. Maintenance Service Charges
Residential
< 15,000 sq. ft. $ 0.55 $ 0.55
> 15,000 sq. ft. $ 0.88 $ 0.88
Multi-family
< 15,000 sq. ft. $ 0.45 $ 0.45
> 15,000 sq. ft. $ 0.45 $ 0.45
Commercial
< 15,000 sq. ft. $ 1.75 $ 1.75
Billing based upon the strength and volume of the wastewater according to the tables listed under “Special Agreements” plus any costs listed below:
The following monthly user charges shall be assessed each developed parcel, multi family dwelling unit, or place of business based on the type of use and size of parcel:
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
> 15,000 sq. ft. $ 2.81 $ 2.81
Industrial
< 15,000 sq. ft. $ 1.65 $ 1.65
> 15,000 sq. ft. $ 2.65 $ 2.65
13. WASTEWATER CAPITAL CONNECTION FEES
A. Inside City Limits
Basis for Connection Fees - Capital Cost Buy-in
Basis for Connection Fees – Addition of a Second LUE within an Existing LUE Sewer Service Living Unit Equivalents
Base Charge; Up to 14 fixture units $ 4,445.00 $ 625.00 $ 5,070.00 Per additional fixture unit $ 317.50 $ 45.50 $ 363.00
The unit equivalent of plumbing fixtures and devices shall be based on the size of the trap required or the rated discharge capacity in gpm (gallons per minute) in accordance with the California Plumbing Code.
Fixture Unit rates will apply to all applicable Building Permits.
Rates effective on date of Building Permit submittal
The connection fee for the addition of a second LUE that is created entirely within the foundation footprint of an existing LUE and where a portion of the existing plumbing fixtures are incorporated into the second LUE from the existing LUE, the connection fee shall be calculated based solely upon the new and addition fixture units that are added to the second LUE.
The capital connection fees for any service inside or outside the City of Fortuna, connecting to a public sewer, shall be collected and deposited into the Wastewater Capital Reserve.
Sewer System Connection Fees charged based on fixture units, with the base fee for a Living Unit Equivalent (LUE) being for a single family home with one bathroom, kitchen, dishwasher and washing machine having 14 fixture units. Larger homes, commercial and industrial fees would be determined by dividing the total number of fixture units by 14 and multiplying by the base fee for a single LUE.
CITY OF FORTUNA
WATER AND WASTEWATER FEE SCHEDULE
Fee Description FY 23-24 Fee
Proposed
Changes FY 24-25 Fee
B. Outside City Limits
14. INSTALLATION FEES FOR SEWER CLEANOUT
Depth
Less than or equal to 6' $ 2,860.00 $ 2,860.00
Greater than 6' Actual Cost of
Labor and
Materials
Actual Cost of
Labor and
Materials
15. ADMINISTRATIVE ADJUSTMENTS
If the sewer lateral connection requires a pipe to be installed to the property line with a sewer cleanout within 40 feet of the sewer main, the fee shall be as follows (>40' shall be time and materials):
Outside the City Limits the rate charged shall be one and one-half (1.5) times the rate for service within the City Limits.
The City Manager shall have the authority to adjust the aforementioned fees when special circumstances indicate that the fee being charged according to this Resolution is clearly inappropriate. In addition, the City Manager shall have the authority to determine the fee amount for a City service that is not addressed in this Resolution based upon the actual cost of providing the service and / or the actual cost for the City to issue a permit.
1 RESOLUTION 2024-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
ADOPTING A SCHEDULE OF FEES AND CHARGES FOR WASTEWATER SERVICE
AND FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Fortuna commissioned Jacobs Engineering Group Inc. (“Jacobs”) to prepare a wastewater rate study for the City of Fortuna; and WHEREAS, by way of the wastewater rate study, Jacobs outlined the need and basis for an adjustment to existing wastewater rates in order to continue to maintain and operate the City’s wastewater system; and
WHEREAS, Jacobs presented its findings to the City Council on April 15, 2024, and the Council accepted the wastewater rate study report; and
WHEREAS, on May 06, 2024, the City Council directed staff to proceed with the rate adjustment process for the proposed rates, including notifying property owners and wastewater customers of the proposed rates and conducting a public hearing prior to final adoption; and WHEREAS, the Proposition 218 Omnibus Act (as set forth in Government Code section 53756) authorizes the adoption of a five-year schedule of wastewater rates with automatic rate adjustments in order to keep pace with changes in operating and maintenance costs, and help the utility maintain a prudent operating and capital reserve; and WHEREAS, in compliance with Article XIID of the California Constitution and the Proposition 218 Omnibus Act, on or about May 17, 2024, the City mailed written notice to all affected property owners and wastewater customers of record providing notice of the proposed charges, the amount of the proposed charges, the basis for the calculation, the reason for the charge, and the date, time, and location for a public hearing on the proposed charges not less than 45 days after the notice; and
WHEREAS, the City Council conducted a public hearing on July 1, 2024, at which time it considered all written and oral protests; and
WHEREAS, as set forth in Resolution 2024-22C, the City Council found that written protests to the wastewater rates were not presented by a majority of affected property owners and customers of record; and
WHEREAS, by way of this Resolution, the City Council desires to adopt the proposed rates to be effective as of July 1, 2024.
2 NOW, THEREFORE, the City Council of the City of Fortuna does hereby resolve as follows:
1. Findings. The above-recitals are incorporated herein as if set forth in full and each is relied upon independently by the City Council for its adoption of this Resolution. In accordance with Article XIII D, Section 6(b), of the California Constitution, and in reliance on the Wastewater Rate Study previously approved by the City Council and the materials presented by staff, the City Council finds that:
a. The revenues derived from the wastewater service charges shall not exceed the funds required to provide wastewater service, because the rates are calculated to allow the City to recover its costs;
b. The revenues derived from the wastewater service charge will not be used for any purpose other than that for which the charge is imposed, because the revenue will be kept in a separate fund used only for costs related to the provision of wastewater service;
c. The amount of the charge does not exceed the proportional cost of the wastewater service attributable to each parcel;
d. The wastewater service charge will not be imposed upon parcels for which wastewater service is not immediately available; and
e. The wastewater service charge will be used to enable the City to provide wastewater service rather than general governmental services.
2. Adoption of Rate Schedule. Pursuant to Government Code section 53756, the five-year schedule of wastewater rates set forth in Exhibit A is hereby adopted, and such rates and charges shall be effective July 1, 2024.
3. CEQA Finding. This action is not a project within the meaning of Section 15378 of the CEQA (California Environmental Quality Act) Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. In the event that this resolution is found to be a project under CEQA, this action is statutorily exempt from CEQA pursuant to Public Resources Section 21080(b )(8) and CEQA exemptions contained in CEQA Guidelines section 15273 (a), because it constitutes the establishment of charges for the purpose of obtaining funds to meet the wastewater utility's financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements within existing service areas, and also exempt under the common-sense exemption set forth in CEQA Guidelines section 15061 (b) (3 ), because it can be seen with certainty to have no possibility of a significant effect on the environment.
4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this Resolution, including any individual rate or fee or component thereof, is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining provisions of this Resolution. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna on July 1, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Tami Trent, Mayor
Attest:
Siana L. Emmons, City Clerk
4 EXHIBIT A
Table 1. Draft and Final Annual Wastewater (Sewer) Rate Increases (%) for Five Year Period.
Year % Sewer Increase Presented at
April 15th City Council Meeting
Revised % Sewer Increase
Approved at May 6th City
Council Meeting
FY 24/25 40% 30%
FY 25/26 25% 22.5%
FY 26/27 10% 22.5%
FY 27/28 3% 10%
FY 28/29 3% 4%
Table 2. Proposed annual wastewater (sewer) system connection fees.
Current FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
Standard
Connection $4,445 $5,070 $5,695 $6,321 $6,946 $7,571
Cost/Additional
Fixture Unit $318 $363 $407 $452 $496 $541
City Manager’s Report
STAFF REPORT
City Manager's Report
DATE: July 1, 2024
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, July 15, 2024
6:00 p.m.
Regular City Council Meeting
Council Chambers at City Hall
Monday, August 5, 2024
6:00 p.m.
Regular City Council Meeting
Council Chambers at City Hall
2. Upcoming Planning Commission Meeting Dates
Tuesday, July 9, 2024
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, July 23, 2024
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
3. Upcoming Measure E Meeting Dates
Tuesday, September 17, 2024
5:30 p.m.
Regular Measure E Meeting
Council Chambers at City Hall
Tuesday, January 21, 2025
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, July 3, 2024
2:30 p.m.
*CANCELLED*
Regular RCRPD Meeting
Council Chambers at City Hall
Wednesday, August 7, 2024
2:30 p.m.
Regular RCRPD Meeting
Council Chambers at City Hall
5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates Tuesday, July 23, 2024
8:30 a.m.
Regular FBID Meeting
Council Chambers at City Hall
6. Verbal Report