Fortuna City Council
October 6, 2025

Meeting Agenda
Monday, October 6, 2025 at 6:00 pm
Zoom Option: 1-669-900-9128 Meeting ID: 870 5677 8715 Password: 699229 • 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.

CALL TO ORDER / FLAG SALUTE / ROLL CALL
Council
Staff
• Council Member Kyle Conley
• Council Member Carlos Diaz
• Council Member Abe Stevens
• Mayor Pro Tem Tami Trent
• Mayor Mike Johnson
• City Manager Amy Nilsen
• Deputy City Clerk Millie Derby

1. PROCLAMATIONS
a. Domestic Violence Awareness Month

2. 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.

Draft City Council Minutes September 24, 2025 (Special Meeting Closed Session)
a.
b. Draft City Council Minutes September 29, 2025 (Special Meeting)

3. CITY COUNCIL BUSINESS
Approve the Revisions to the Purchasing Procedures Section of the City of Fortuna’s Administrative Policies and Procedures Manual; Resolution 2025- 21 a.

Introduction and First Reading of Ordinance 2025-777, Amending Chapter

2.50 of the Fortuna Municipal Code to Provide for Revised Purchasing Systems
b.

4. STUDY SESSION
a. Study Session #2: Nitrous Oxide and Tobacco Retail License

5. 6. CITY MANAGER’S REPORT

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.

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

8. CITY COUNCIL REPORTS AND COMMENTS
Council Member Kyle Conley
Redwood Region Economic Development Corporation (RREDC) Alternate, Parks & Recreation Commission, Humboldt Transit Authority Alternate a.

Council Member Carlos Diaz
Redwood Region Economic Development Corporation (RREDC), Redwood Coast Energy Authority (RCEA), Parks & Recreation Commission Alternate b.

Council Member Abe Stevens
Humboldt County Association of Government Alternate, Redwood Region Economic Development Corporation
c.

Mayor Pro Tem Tami Trent
Humboldt Transit Authority (HTA), Indian Gaming Commission, League of California Cities Public Safety Commission, Fortuna Business Improvement District (FBID) d.

Mayor Mike Johnson
Humboldt County Association of Governments (HCAOG), Historical Commission, League of California Cities Transportation, Communication, & Public Works Commission e.

9. 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

10. Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 10/01/ 2025 at 2:05 PM
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.

In Recognition and Support of
Domestic Violence Awareness Month
October, 2025
WHEREAS, October is annually recognized as National Domestic Violence Awareness Month; and
WHEREAS, progress continues to be made toward violence prevention, domestic and intimate partner violence remains a serious issue affecting all people regardless of age, race, ethnicity, sex, gender, socioeconomic status, literacy, sexuality, ability, religion, culture, and immigration status; and WHEREAS, domestic and intimate partner violence survivors are deprived of dignity, security, and autonomy with the systematic use of control and power through physical, emotional, sexual, psychological, and economic abuse; and
WHEREAS, children exposed to domestic violence can experience long-term consequences including difficulty at school, substance abuse, behavioral problems in adolescence, and serious adult health problems;
WHEREAS, Humboldt Domestic Violence Services (HDVS) has been serving Humboldt County since 1977 to continuously support all those living with or escaping abuse; WHEREAS, all survivors deserve access to culturally responsive prevention programs and services to increase their safety and self-sufficiency. HDVS enlists a diverse array of allies, agencies, and community members in supporting survivors of domestic and intimate partner violence; WHEREAS, only together can we change the health and safety of our community by challenging the societal norms that perpetuate violence;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fortuna recognizes the month of October 2025 to be DOMESTIC VIOLENCE AWARENESS MONTH. The Council celebrates HDVS’s 48 years of effort to improve community safety by breaking the cycle of domestic and intimate partner violence.

SIGNED this 6th day of October 2025 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
____________________________
Mike Johnson,
Mayor, City of Fortuna
Special Meeting Agenda
Minutes
Wednesday, September 24, 2025 at 5:00 pm
621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID 840 0870 8585 Password 293875 • 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.

CALL TO ORDER / FLAG SALUTE / ROLL CALL
Minutes:

Mayor Johnson called the meeting to order at 5:00 p.m. and led the flag salute. ROLL CALL: Council Member Conley - Present, Council Member Diaz - Present, Council Member Stevens - Present, Mayor Pro Tem Trent - Present.

1. ORAL COMMENTS FROM THE PUBLIC
Minutes:

PUBLIC COMMENT: Community Member Cecilia, Hilary Mosher, Debra Thomas, Jane, Lane, Unnamed Community Member. There being no additional comments from the public Mayor Johnson closed the public comment section.

2. ADJOURN TO CLOSED SESSION
Minutes:

CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Conley to adjourn the meeting to closed session at 5:35 p.m. MOTION CARRIED 5/0

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: one case. The facts and circumstances involve assertions by the owners of the Royal Crest Mobile Estate, through their counsel, that the City of Fortuna’s adoption of a rent stabilization ordinance for mobilehome parks would be unlawful and subject the City to a.

3. Contact: Siana L. Emmons ([email protected] 707-725-1409) | Minutes published on 09/17/2025 at 8:40 AM
litigation.

REPORT OUT AND ADJOURN
Minutes:

CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Johnson to adjourn the Special meeting at 6:02 p.m. MOTION CARRIED 5/0

4. Special Meeting Agenda
Minutes
Monday, September 29, 2025 at 6:00 pm
621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID: 897 3383 9821 Password: 383337 • 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.

CALL TO ORDER / FLAG SALUTE / ROLL CALL
Minutes:

Mayor Johnson called the meeting to order at 6:00 p.m. and led the flag salute. ROLL CALL: Council Member Conley - Present, Council Member Diaz - Present, Council Member Stevens - Present, Mayor Pro Tem Trent - Present, Mayor Johnson - Present

1. ORAL COMMENTS FROM THE PUBLIC
Minutes:

There being no public comments, Mayor Johnson closed public comments.

2. CITY COUNCIL BUSINESS
Consideration of an Urgency Ordinance Creating a Temporary Moratorium on Rent Increases on Mobilehome Spaces in the City of Fortuna Minutes:

STAFF REPORT: City Manager Amy Nilsen provided a staff report on a Consideration of an Urgency Ordinance Creating a Temporary Moratorium on Rent Increases on Mobilehome Spaces in the City of Fortuna.

PUBLIC COMMENT: Community Members; Cecilia, Debra Thomas, Donna, Ann Loten, Ricardo, Ron, Andrew, Lev, Michelle Bushnell, Dan. There being no additional comments from the public, Mayor Johnson closed the public comment section.

COMMISSION ACTION: Council Member Conley Moved, Seconded by Mayor a.

3. Contact: Siana L. Emmons ([email protected] 7077251409) Pro Tem Trent, To Adopt Ordinance 2025-776, "AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF FORTUNA, CALIFORNIA TO IMPOSE A

TEMPORARY MORATORIUM ON RENT INCREASES ON MOBILEHOME
SPACES IN THE CITY OF FORTUNA UNTIL THE EARLIER OF APRIL 30, 2026,

OR THE REPEAL OF THIS ORDINANCE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA ."
Roll Call Vote: AYES: Council Member Conley, Diaz, Mayor Pro Tem Trent, Mayor Johnson NOES: Council Member Stevens. ABSTAIN: None ABSENT:

None MOTION CARRIED 4/1

REPORT OUT AND ADJOURN
Minutes:

Council Member Conley moved, seconded by, Mayor Pro Tem Trent to adjourn the meeting at 6:28 p.m. MOTION CARRIED: 5/0

4. Business Agenda Item 4a

STAFF REPORT
City Council Business Agenda Item
DATE: October 6, 2025
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Approve the Revisions to the Purchasing Procedures Section of the City of Fortuna’s Administrative Policies and Procedures Manual; Resolution 2025- 21
STAFF RECOMMENDATION:

Approve the Revisions to the Purchasing Procedures Section of the City of Fortuna’s Administrative Policies and Procedures Manual; Resolution 2025-21.

EXECUTIVE SUMMARY:

Procurement involves the process of selecting and vetting vendors, establishing payment terms, strategically negotiating contracts, and the actual purchasing of goods. Procurement is concerned with acquiring all goods, services, and work vital to an organization. The City procurement actions are governed by state and federal laws, Fortuna Municipal Code, and by the purchasing policies established by the City Council.

The City of Fortuna adopted its most recent version of the Purchasing Procedures policy in October of 2021. It is good practice to review and revise City Administrative Policies on a recurring basis.

The Purchasing Policy is policy number 4.2 within the Administrative Policies and Procedures Manual. As part of the periodic review of policies staff identified that the current purchasing policies and procedures would benefit from an update to reflect the higher costs of goods and services and to reflect the proposed updates to the Fortuna Municipal Code (FMC) Section 2.50.

First, to align with the proposed updates to FMC section 2.50 changes to the definition and limits to prevailing wages are included in the attached draft.

Second, staff are proposing the below changes to the purchasing approval limits and comparative cost threshold. These changes will allow staff to move quicker through the procurement process by not having to get Council approval prior to the purchase of goods or services. Council will still receive the disbursement report at each Council meeting so they can review the purchases. • Increase Supervisor limit from $1,000 to $2,000
• Increase Department Head limit from $5,000 to $10,000 • Increase City Manager limit from $30,000 to $100,000
Business Agenda Item 4a

• Increase Comparative Cost Form threshold from $2,500 to $5,000 It should be noted that although the purchasing approval limits are increasing the Council still retains the full authority on what Capital items and Capital Improvement Projects are purchased/completed through the adoption of the Annual Budget. Staff will not be able to purchase something not included in the annually adopted budget even if it is below the above thresholds.

Finally, staff are recommending to align the definition of who a Supervisor is to our current City organization chart. Those changes include:
• Remove Police Office Supervisor from Supervisor list
• Add Police Lieutenant to Supervisor list
A draft purchasing policy is attached for Council review.

FISCAL IMPACT
Streamlining the City’s Purchasing Procedures where possible and practicable will result in increased efficiency in Department operations through reduced impacts on staff time to procure goods and services.

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 2025-21; and read by title only. Roll Call vote ATTACHMENTS:

Attachment A: Red-lined Draft Purchasing Procedures
Attachment B: Resolution 2025-21 A Resolution of the City Council of the City Of Fortuna Approving the Purchasing Procedures for Inclusion in the City of Fortuna’s Administrative Policies & Procedures Manual
Purchasing Procedures

CITY OF FORTUNA Purchasing Procedures

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“ATTACHMENT A”

1. PURPOSE
The purpose of these purchasing procedures is to maintain financial control over purchases, to centralize the purchasing responsibility, and to obtain supplies, equipment, and services of the needed quality at the lowest possible cost in accordance with the Purchasing Ordinance and as authorized by Section 401, Purchasing, of the City Charter.

2. DEFINITIONS
The following terms used in these procedures are defined as follows, whether or not capitalized:

City Charter means the Charter for the City of Fortuna.

Department Head(s) means the City Clerk, the Police Chief, and the director or acting director of the Community Development Department, Finance Department, Public Works Department, and Parks and Recreation Department, or an authorized delegee as approved in writing by the City Manager.

Design Professional Services means architectural, landscape architectural, environmental, engineering, land surveying, or construction project management services, which are subject to the procurement requirements of Article XXII of the California Constitution, and Government Code section 4529.10, et seq.

DIR means the California Department of Industrial Relations.

Emergency means a sudden, unexpected occurrence that poses a clear and imminent danger and requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, as determined by the City Manager pursuant to Section 2.050.070.(A) of the Fortuna Municipal Code.

Federal Procurement Requirements means the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.326, as may be amended from time to time, which apply to federally funded procurements, and any additional federal requirements that apply to a particular procurement.

FEMA means the Federal Emergency Management Agency.

Finance means the city’s Finance Department.

Maintenance means routine, recurring, and usual work for the preservation, protection, and keeping of any city owned or operated facility for its intended purposes, as further defined in 8 CCR § 16000.

Municipal Code means the Fortuna Municipal Code.

Open Purchase Order means a purchase order structured for multiple small purchases of goods or services from a pre-authorized vendor.

Pre-authorized Vendor means a vendor who is authorized to provide multiple small purchases of goods or Purchasing Procedures

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services pursuant to an open purchase order.

Procedures means these purchasing procedures.

Purchase Order means the Requisition/Purchase Order form used by the city to authorize procurement of goods or services from vendors.

Purchasing Agent means the individual with overall responsibility for supervising city procurements as further specified in Section 2.50.020 of the Purchasing Ordinance, which provides that the City Manager or his or her authorized delegee will serve as the purchasing agent.

Purchasing Ordinance means Chapter 2.50 of the Municipal Code, Purchase of Supplies, EquipmentGoods and Contractual MattersServices.

RFP means a request for proposals transmitted to qualified vendors to seek a proposal that best meets the City’s needs.

RFQ means a request for qualifications transmitted to potentially qualified vendors to evaluate qualifications for providing required services.

Simplified Acquisition Threshold means the dollar amount below which the City, as a non-federal entity, may procure property or services subject to the Federal Procurement Requirements using the small purchase procedures, as set forth in 2 CFR § 200.88. (See Section 3.6.3(B), Small Purchase Procedures, below.) Supervisor(s) means the City’s Utility Superintendent, General Services Superintendent, Chief Treatment Plant Operator, Finance Office Supervisor, Police Office SupervisorPolice Lieutenant, Building Official, City Engineer, and River Lodge Manager.

Vendor means a business entity or sole proprietor that may provide goods or services to the city.

3. GENERAL POLICY

3.1 General Procurement Standards
All city procurements must be made in compliance with the City Charter, the Purchasing Ordinance, applicable California and federal law, and these procedures. City procurements which are subject to federal funding, in whole or in part, including FEMA disaster aid, must also comply with the applicable Federal Procurement Requirements, as defined above, and as further specified in Section 3.6, Federal Procurement, below. (See 2 CFR § 200.317.) Except as otherwise specified in the Purchasing Ordinance, all procurements of goods or services must be accomplished by or through the purchasing agent. (Purchasing Ordinance, § 2.50.030.)

3.1.1 Fair Competition. City personnel must discharge their duties impartially to ensure fair and open competition for city business by responsible vendors. (See 2 CFR § 200.319, and Section

2.50.020.A of the Purchasing Ordinance.) In addition, they must conduct themselves in a manner Purchasing Procedures

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that will create confidence in the integrity of the city’s purchasing operations. City personnel will treat all vendors equally and fairly, with equal information given to each vendor who participates in the procurement process. City personnel will ensure that all prequalified lists of persons, firms, or products used in acquiring goods or services are current and include enough qualified sources to ensure maximum open and free competition. City personnel may not place unreasonable restrictions on competition, including any of the following restrictions (per 2 CFR § 200.319):
(A) Placing unreasonable requirements on vendors to qualify for the procurement; (B) Requiring unnecessary experience and excessive bonding; (C) Noncompetitive pricing practices between vendors or affiliates; (D) Noncompetitive contracts to consultants that are on retainer contracts; (E) Organizational conflicts of interest;
(F) Non-compliance with sole source restrictions, and “or equal” requirements, including Public Contract Code section 3400;
(G) Precluding potential bidders from qualifying during the solicitation period; and (H) Any arbitrary action in the procurement process.

3.1.2 Conflicts of Interest. No employee, officer, or agent of the city may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest.
(A) A conflict of interest includes any circumstances under which the employee, officer, or agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of those parties, has a financial interest in or a tangible personal benefit from a vendor considered for a contract. No officer, employee, or agent of the city may solicit or accept gratuities, favors, or anything of monetary value from vendors or parties to subcontracts. Disciplinary actions, up to and including termination for cause, will apply to any violation of these conflict of interest standards, in accordance with city policy, and/or, as applicable, a collective bargaining agreement, employment contract, or contract for services. (See 2 CFR § 200.318(c)(1).)
(B) City personnel may not accept gifts, rebates, kickbacks, personal services, or in any way incur personal gain from a vendor, or potential vendor, doing business with the city, or otherwise violate laws pertaining to conflicts of interest, political contributions, or unlawful activities.
(C) A city employee may not participate in the vendor selection process if the employee has (1) a financial relationship, as set forth in Government Code section 87100 et seq., with the person or firm seeking a contract; or (2) a real or apparent conflict of interest under California Purchasing Procedures

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Government Code § 1090, or pursuant to the Federal Procurement Requirements. (D) A vendor that develops or drafts specifications, requirements, statement of work, invitation for bids, RFQ, or RFP for a procurement must be excluded from competing for that procurement. (See 2 CFR § 200.319(a) and Govt. Code § 1090.)

3.1.3 Economical Approach. All procurements must be undertaken in a manner that will avoid acquisition of unnecessary or duplicative items, which may include consideration of consolidating or breaking out procurements, lease alternatives, and other appropriate analysis to determine the most economical approach, subject to the limits of applicable law, including prohibitions against bid-splitting. (See 2 CFR § 200.318(d).)

3.1.4 Oversight. Department heads must maintain oversight over procurements to ensure that vendors perform in accordance with the terms, conditions, and specifications of the contracts or purchase orders. (See 2 CFR § 200.318(b).)

3.1.5 Procurement Records. Records must be maintained for each procurement of goods or services documenting the history of a procurement, including (1) records of the rationale for procurement method, (2) selection of contract type, (3) contractor selection or rejection, and (4) the basis for the contract price. (See 2 CFR § 200.318(i).)

3.1.6 Dispute Resolution. Any and all protests, disputes, claims, and the like, arising from a procurement will be addressed promptly in accordance with good administrative practice and sound business judgment, and in compliance with all applicable legal or contractual requirements. (See 2 CFR § 200.318(k).)

3.1.7 Specifications and Requirements. All procurement solicitations should incorporate a clear and accurate description of the technical requirements or functions of the goods or services to be procured. However, such descriptions should not be drafted to unduly restrict competition among qualified vendors. (See 2 CFR § 200.319(c).)

3.1.8 Prevailing Wages. Pursuant to Labor Code section 1782 and Municipal Code 2.50.090, contracts for city-funded public works construction projects valued in excess of $25,000, and contracts for city-funded alteration, demolition, repair or maintenance projects valued in excess of $15,000, are subject to payment of prevailing wages and compliance with all applicable requirements of Article 2 of Chapter 1, of Part 7, of Division 2 of the California Labor Code beginning at section 1770.With the exception of certain city-funded public works contracts subject to Section 2.50.090 of the Purchasing Ordinance, public works or maintenance projects (excluding routine janitorial services) over $1,000, are subject to prevailing wage requirements set forth in the California Labor Code, beginning at section 1720. This includes any construction, alteration, demolition, installation, repair work, carpet-laying, certain tree-removal work, and certain hauling and delivery of ready-mix concrete. For procurements subject to prevailing wage requirements, the procurement solicitation and contract documents must include information on prevailing wage requirements and compliance as specified in the Labor Code. (A) DIR Registration. For each contract subject to prevailing wage requirements, the City Purchasing Procedures

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may not accept a bid from or award a contract to any contractor or subcontractor that is not registered with the Division of Industrial Relations, as required under Labor Code section 1771.1. Contracts for construction, alteration, demolition, installation, or repair work for $25,000 or less and maintenance contracts of $15,000 or less are exempt from this requirement.
(B) DIR Notification. For contracts subject to DIR registration requirements, Department Directors must ensure that a PWC-100 form is filed online with the DIR within 30 days after the contract is awarded, but no later than the first day that workers are employed on the project. City personnel are encouraged to file the PWC-100 as soon as possible following award to avoid the penalties that may be imposed for late filing. (C) City-Funded Work. Pursuant to Section 2.50.090 of the Purchasing Ordinance, the following contracts are exempt from prevailing wage requirements if paid for exclusively with city funds: (1) construction up to $25,000, and (2) alteration, demolition, repair, or maintenance projects up to $15,000.

3.2 Authorization Levels
City Council approval is required before execution of a contract or purchase order, except as otherwise authorized in the Purchasing Ordinance and as set forth in these procedures.

3.2.1 Pre-authorized All Vendors. The following authorizations apply to approval of open purchase orders for goods or services from pre-authorizedall vendors:

Maximum PO Amount Authorized to Approve
Up to $12,000 Supervisors, Department Heads, City Manager $12,000 to $510,000 Department Heads, City Manager
$510,000 to $3100,000* City Manager

3.2.2 Other Vendors. The following authorizations apply to approval of all other purchase orders:

Maximum PO Amount Authorized to Approve
Up to $5,000 Department Heads, City Manager
$5,000 to $30,000* City Manager
*Services subject to $10,000 limit per FMC Section 2.50.060

3.3 Purchase Order Procedures
Pursuant to Section 2.50.030 of the Purchasing Ordinance, purchases of supplies and equipmentgoods will be made by a purchase order. The purchase order must be written and approved by an authorized person before the materials are ordered. A purchase order must be used to request vendor delivery of goods to the city. The only exceptions to these requirements are emergency purchases, petty cash purchases, or “special purchases” as set forth below.

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3.3.1 Forms. A sample of the Requisition/Purchase Order is attached as Appendix A to these Procedures. The Finance Department is responsible for issuing Requisition/Purchase Order form books and maintaining a record of the number series issued to each department. In order to obtain additional sets of forms, the old forms must be turned in. The purchase order forms have three copies, each with a different color. Once a purchase order is completed and signed by the authorized person, the copies will be distributed as follows:

WHITE: Retained by Finance.

PINK: Retained by Finance.

YELLOW: Retained in book by issuing department, and returned to Finance for new forms.

3.3.2 Pre-authorized Vendors. In cases where local vendors are involved with numerous small purchases, the city may issue a single purchase order or open purchase order to cover all purchases from this vendor during a fiscal year. A list of pre-authorized vendors will be prepared for each fiscal year by the Finance Department. Open order purchases should be limited to items which are needed immediately or which cannot be secured through the regular purchase order procedures, such as gasoline, propane, and other materials or services requiring periodic delivery.

Purchases under the open order procedure will be made as follows:
(A) Complete the Requisition/Purchase Order form and mark the box “Open PO.” Include the PO number from the pre-authorized vendor list. The form must be approved by an authorized person and the white copy must be forwarded to the Finance Department. (B) When supplies, materials, or equipment are received, fill in and sign the receiving copy (pink copy), and forward the pink copy with invoice or receipt to the Finance Department for payment.

3.3.3 All Other Vendors. Complete the Requisition/Purchase Order including a description of the materials or items to be purchased together with quantity and price. The final decision for vendors and brand names lies with the City Manager. The account number or capital improvement project number must be included. The delivery address will be to the issuing department unless otherwise specified. Single items or bulk purchase of single items that cost over $2,5,000 must be accompanied by a Comparative Cost form listing three vendors and prices. In those cases where an item can only be secured by a “sole source,” complete the Sole Source Vendor Justification form. A sample of the combined Comparative Cost and Sole Source Justification form is attached as Appendix B to these Procedures. The procurement will be processed in accordance with the following procedures:
(A) The requisition must be approved by the authorized person. (B) Forward the white and pink copy to the Finance Department. Retain the yellow copy. (C) Place the order and give vendor the purchase order number. (D) Retain yellow copy in book and turn in used books to Finance when obtaining a new book.

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(E) No invoice or bill from any vendor will be paid until the completed pink and white copies and invoice are returned to the Finance Department.

3.3.4 Special Purchases. Certain commodities that are designated by the purchasing agent may be purchased prior to the submission of a purchase requisition. In these prearranged situations, each designated agent shall maintain a log of the purchases and submit a reconciliation along with the vendor billing to the Finance Department. A purchase order will then be completed and submitted to the purchasing agent for approval. Qualifying commodities may include gravel, concrete, asphalt, and fuel.

3.3.5 Emergency Purchases. In case of an emergency, as defined above, purchases may be made without following the purchase procedures. Such purchases may occur after regular working hours or on weekends when a department head or supervisor may not be immediately available to approve the purchase. In the event of an emergency an employee responsible for correcting the situation may make an emergency purchase of any item costing less than $200500. As soon as possible after the emergency, the department head should be notified of the purchase and a Requisition/Purchase Order form forwarded to the Finance Department. In other emergency situations, where the purchase of an item is needed immediately, the department head or designated representative may obtain a blank purchase order and fill out the necessary information before presenting it to the purchasing agent for approval. This procedure is only to be used when the purchase order is needed prior to the standard 48-hour turnaround period. Any emergency procurement that may be eligible for FEMA funding or reimbursement must comply, to the extent practicable under the circumstances, with the Federal Procurement Requirements. Qualifying emergency procurements may be made as a non-competitive proposal as further specified in 3.6.3 (E), Noncompetitive Proposals, below.

3.4 Consulting Professional Services
Procurement of consulting or professional services, which includes, but is not limited to, design professional services, as defined above, will be conducted in compliance with Section 2.50.0650 of the Purchasing Ordinance. Such service contracts may be procured using an open and competitive RFQ, RFP, or combined RFQ/RFP process to select vendors on the basis of demonstrated competence and qualifications, and at a fair and reasonable price.

3.4.1 Design Professional Services. Design professional services, as defined above, must be procured in compliance with Article XXII of the California Constitution and Government Code section 4529.10 et seq., which require a fair, competitive selection process that prohibits city employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract. The procedure must require compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities. The indemnity provision in any contract for design professional services must comply with Civil Code Sections 2782 and 2782.8.

3.4.2 Request for Proposals. RFPs will be issued using forms prepared by the Department Head and approved as to form by the City Attorney. Each RFP must include a clear and comprehensive description of the scope of services, and the applicable terms and conditions. The Purchasing Procedures

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RFP should attach a copy of the form of agreement approved by the City Attorney, that includes the applicable indemnity and insurance requirements. The RFP must include all evaluation criteria and the relative weight attached to each criteria, generally consistent with the following:
(A) Experience and competence of the firm and key personnel in relation to the services. (20%)
(B) Past record of performance with the city, other public entities, or private sector, including factors such as cost control, quality of work, and ability to meet schedules. (20%) (C) Capacity of the firm to complete the services within the time limitations. (10%) (D) Avoidance of personal and organizational conflicts of interest. (10%) (E) General understanding of the services to be provided and overall approach to the services. (20%)
(F) Proposed cost to provide the services. (20%)

3.4.3 RFP Evaluation. Proposals or responses to RFQs will be fairly and objectively evaluated based upon responsiveness to the RFP or RFQ and based on the criteria set forth in the RFP or RFQ. Evaluation may be conducted by a panel that includes individuals with relevant technical expertise. Interviews may be conducted in private to preserve competition.

3.4.4 Risk Management. The city will not retain a consultant that is unwilling or unable to comply with the city’s indemnity and insurance requirements for the contract.

3.4.5 Funding Requirements. For projects involving grant agencies with specific requirements for procurement of consulting professional services, to the extent those requirements conflict or are inconsistent with these procedures, the more stringent provisions will control.

3.4.6 Consultant Selection. The selected consultant must have a clear understanding of the essential requirements for the services, and must demonstrate that it possesses the resources, including staffing, to provide the services within the specified time.

3.4.7 Consulting Agreements. The final agreement must be approved as to form by the City Attorney, and must require the consultant to provide the services in accordance with the applicable scope of services and contract terms and conditions. The price for the services must be fair and reasonable. Fixed price (lump sum) contracts are preferred, but payment may be based on a set hourly rate schedule, or on a cost plus basis, if (1) permitted by law, and (2) a lump sum cost cannot be reasonably estimated. The consulting agreement must include a not-to-exceed limitation on payment.

3.4.8 Local Consultants. With the exception of design professional services, qualified local consultants may be retained without using an RFQ or RFP process, based on the consultant’s past involvement with related projects, expertise, experience, and capacity, under either of the Purchasing Procedures

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following conditions:
(A) The consulting agreement will not exceed $15,000.
(B) In the event of an immediate need due to an emergency, as defined above.

3.5 Public Works Contracts
Procurement of a public works contract, which, for purposes of this Section means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road, or other public improvement of any kind, must be made in compliance with the applicable requirements of the Purchasing Ordinance and in compliance with the applicable requirements of Section 3.1.98, Prevailing Wages, above. The indemnity provision in any contract for public works services must comply with Civil Code Section 2782, and must include all provisions required by law, approved as to form by the City Attorney. A payment bond must be required for all public works contracts in excess of $25,000, in compliance with Civil Code section 9550 et seq., and approved as to form by the City Attorney.

3.6 Federal Procurement
Any procurement made pursuant to a federal award or subject to reimbursement, in whole or in part, with federal funds must comply with the city’s procurement procedures, state law, and the applicable Federal Procurement Requirements, including 2 CFR § 200.322 (“Procurement of recovered materials”), 2 CFR § 200.323 (“Contract cost and price”), 2 CFR § 200.324 (“Federal awarding agency or pass-through entity review”), 2 CFR § 200.325 (“Bonding requirements”), and 2 CFR § 200.326 (“Contract provisions”). In the event of any conflict between city, state, or federal requirements, the most stringent requirement must be used. (See 2 CFR § 200.318.) City personnel must comply with funding agency requests for review of technical specifications or procurement documents as provided in 2 CFR § 200.324.

3.6.1 General Federal Requirements and Recommendations. (A) Required Contract Provisions. Pursuant to 2 CFR § 200.326, contracts for federallyfunded procurements must contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards. Sample Federal Contract Provisions are attached as Appendix C. (B) Solid Waste Disposal Act. Federally-funded procurements must comply with the Solid Waste Disposal Act, as further specified in 2 CFR § 200.322. This requirement must be included in the contract requirements.
(C) Cost/Price Analysis. For federally-funded procurements in excess of the currently applicable Federal Simplified Acquisition Threshold, including contract modifications, a cost or price analysis must be performed, and must include making independent estimates before receiving bids or proposals. (See 2 CFR § 200.323.) Costs or prices based on estimated costs for federally-funded contracts are allowable only as provided in 2 CFR § 200.323. (D) Profit Negotiation. For a federal contract awarded without price competition, profit must Purchasing Procedures

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be negotiated as a separate element of price. To establish fair and reasonable profit, consideration must be given to the complexity of the work, the contractor’s risk, the contractor’s investment, the amount of subcontracting, record of past performance, and industry profit rates, as further specified in 2 CFR § 200.323(b). (E) Excess or Surplus Property. When it will reduce project costs and is feasible, use of federal excess and surplus property is encouraged over purchasing new. (See 2 CFR § 200.318(f).)
(F) Value Engineering. For larger federally-funded construction projects, a provision for value engineering may be added to the construction contract, subject to prior authorization from the Department Head for the Public Works Department. A value engineering provision must include a clear procedure for submission, approval, and cost-sharing of savings, consistent with Public Contract Code section 7101, and approval as to form by the City Attorney. (See 2 CFR § 200.318(g).)
(G) Geographical Preferences. Notwithstanding the provisions of Section 3.4.8, Local Consultants, geographical preferences may not be used for federally-funded procurements, unless expressly authorized by the awarding agency. (See 2 CFR § 200.319(b).) (H) Time and Materials. A time and materials contract may not be used for a federally-funded procurement, unless the Department Head has determined that no other type of contract is suitable for the procurement, and provided the procurement complies with 2 CFR § 200.318(j). Similarly, a “cost plus” contract may not be used, as further specified in 2 CFR § 200.323.
(I) Intergovernmental Agreements. Use of intergovernmental agreements is encouraged where appropriate. (See 2 CFR § 200.318(e).)

3.6.2 Federal Contractor Requirements.
(A) Responsible Contractors. Contracts subject to Federal Procurement Requirements will only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement, with consideration given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (See CFR § 200.318(h).) A contractor must also be “responsible” as determined under California law, including Public Contract Code section 1103.
(B) Small and Minority Businesses. The city will take all necessary affirmative steps, including those identified in 2 CFR § 200.321(b), and set forth below, in paragraphs (1) – (5), to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible for contracts subject to the Federal Procurement Requirements.

Bidders, contractors, and design-build entities must be required in the bid documents or RFP to take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), and as set forth below, in paragraphs (1) – (5), when procuring subcontractors, to ensure that minority businesses, Purchasing Procedures

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women’s business enterprises, and labor surplus area firms are used when possible. These affirmative steps must include:
1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.
2) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.
3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises.
4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises. 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

3.6.3 Methods of Procurement. Depending on the type and amount of goods or services, the city will use one of the below methods for federally-funded procurements, consistent with 2 CFR § 200.320.
(A) Micro-purchases. The city may acquire supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold in 2 CFR § 200.67. A micro-purchase contract may be awarded without soliciting competitive quotes provided the price is reasonable, unless otherwise specified under the city’s procurement procedures. To the extent practicable, the city will distribute micro-purchases equitably among qualified suppliers. (See 2 CFR § 200.320(a).)
(B) Small Purchase Procedures. The city may use simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold in 2 CFR § 200.88. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. (See 2 CFR § 200.320(b).)
(C) Sealed Bids. The city may publicly solicit sealed bids to be opened in public and award a fixed price contract to the lowest responsible bidder, in the manner required for formal bidding as specified in Purchasing Ordinance Section 2.50.040, Formal Bidding Procedure, and in compliance with 2 CFR § 200.320(c)(1).
(D) Competitive Proposals. The city may use this method when the conditions for use of sealed bids is not appropriate and more than one source submits an offer following a request for proposal. If the city uses this method, it must comply with the requirements of 2 CFR § 200.320(d), in addition to any other applicable city or state requirements, including, the Purchasing Procedures

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requirements for procuring design professional services set forth in Section 3.4.1, Design Professional Services, above.
(E) Noncompetitive Proposals. The city may solicit a proposal from only one source when (1) the item is available only from a single source, (2) the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, (3) the federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the city, or (4) competition is determined to be inadequate after solicitation of a number of sources. The procurement must comply with the requirements set forth in 2 CFR § 200.320(f).

3.7 Force Account Work
Pursuant to Section 2.50.090, and Section 400 of the City Charter, the city has reserved expansive rights to perform public works projects using city employees. Force account work must be approved by the Department Head.

4. HISTORY
This policy was approved on October 46, 20215 by Resolution 20215-31XX.

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APPENDIX A

SAMPLE REQUISITION/PURCHASE ORDER FORM
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APPENDIX B

SAMPLE COMPARATIVE COST AND SOLE SOURCE JUSTIFICATION FORM Department: _____________________________________________ Description and Purpose of Item to be Purchased:
_______________________________________________________________________________________ _______________________________________________________________________________________ COMPARATIVE COST: Complete this section when procuring single materials, supplies and equipmentgoods items costing between $2,5,000 and $100,000. Attach completed form to Requisition/Purchase Order.

Vendor 1: Name of Company:________________________________________________ Cost:_______________________________________________________ Vendor 2: Name of Company:________________________________________________ Cost:_______________________________________________________ Vendor 3: Name of Company:________________________________________________ Cost:_______________________________________________________ Notes:
_______________________________________________________________________________________ _______________________________________________________________________________________ SOLE SOURCE JUSTIFICATION: Complete this section to explain why only a single source is available for procurement of supplies, materials, equipment, vehicles, or services.

Name of Company:________________________________________________________ Cost:____________________________________________________________________ Notes:
_______________________________________________________________________________________ _______________________________________________________________________________________ Detailed description of justification for sole source:
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Prepared by:_____________________________________ Date:___________________ Department Head Approval:_________________________ Date:___________________ Purchasing Procedures

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APPENDIX C

SAMPLE FEDERAL CONTRACT PROVISIONS
Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Contract Documents.

Copies of any funding agreement between City and a funding agency will be made available upon request.

1. Equal Opportunity. During the performance of this Contract, the Contractor agrees as follows:
(A) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(D) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representatives of the Contractor’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. (F) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further federal government contracts or Purchasing Procedures

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federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

2. Davis-Bacon Act. Contractor will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Contract, Contractor accepts the attached Wage Determination. <The current Davis-Bacon Act Wage Determination, which may be accessed at https://www.wdol.gov/dba.aspx must be printed and included with the Contract Documents.>

3. Copeland “Anti-Kickback” Act. Contractor will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this Contract.

Contractor and subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each subcontractor of any tier.

4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements, Contractor and each subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 C.F.R. Part 5, as may be amended from time to time, which are fully incorporated herein, including:
(A) No Contractor or subcontractor will require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week.
(B) If Contractor or a subcontractor violates this requirement, the Contractor and any responsible subcontractor will be liable for the unpaid wages. In addition, the Contractor and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law.
(C) Contractor and subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each Subcontractor of any tier.

5. Rights to Inventions. If the federal funding for this Contract meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Contract and are fully incorporated into the Contract Documents by this reference.

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6. Clean Air Act. If the Contract is for an amount in excess of $150,000, Contractor and each Subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. Contractor and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

7. Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Contractor and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

8. Suspension and Debarment. Contractor is required to verify that neither it, nor its principals, as defined at 2 C.F.R section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 C.F.R sections 180.935 and 180.940. Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Contractor did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Contract, Contractor agrees to comply with these requirements.

9. Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of $100,000, Contractor must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient.

10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, Contractor will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPAdesignated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

RESOLUTION 2025-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

APPROVING THE PURCHASING PROCEDURES FOR INCLUSION IN THE CITY OF FORTUNA’S ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL WHEREAS, the Charter of the City of Fortuna provides in Section 400, Public Works, and Section 401, Purchasing, that the City shall have the power to establish standards, procedures, rules or regulations related to the procurement of goods, property, or services, including public works contracts; and
WHEREAS, the City has adopted a purchasing system, set forth in Chapter 2.50 of the Fortuna Municipal Code (the "Purchasing Ordinance"), in order to establish efficient procedures for the purchase of supplies, equipment and services, to obtain these items at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over all purchases, and to clearly define authority for the purchasing function and to assure the quality of purchases; and
WHEREAS, Section 2.50.020 of the Purchasing Ordinance provides that the City Manager shall act as the purchasing agent for the City, and delineates the purchasing agent's authority and duties, including the authority and duty to undertake procurements in accordance with the Purchasing Ordinance, administrative regulations adopted by the purchasing agent, and other rules and regulations that may be prescribed by the City Council or City Manager; and WHEREAS, the purchasing agent has previously adopted administrative procedures, which are no longer up to date as to currently applicable practices, laws, and regulations; and WHEREAS, pursuant to 2 CFR section 200.318, a non-federal recipient of federal funding, must use documented procurement procedures which reflect applicable State and local laws and regulations, provided that procurements that are funded in whole or in part by a federal award, must conform to the applicable federal law and standards identified in Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, of Title 2 of the Code of Federal Regulations (the "Uniform Federal Requirements"); and WHEREAS, the purchasing agent has drafted, with assistance from legal counsel, updated procurement procedures ("Purchasing Procedures") for inclusion in the City's Administrative Policies & Procedures Manual, which are intended to comply with the provisions of the City Charter, the Purchasing Ordinance, applicable state law requirements, and the Uniform Federal Requirements; and
WHEREAS, the draft Purchasing Procedures are attached to and incorporated into this Resolution for Council approval; and
WHEREAS, the Purchasing Procedures must be updated from time to time as necessary to ensure prompt compliance with any applicable changes in local, state, or federal laws or regulations.

NOW, THEREFORE, BE IT RESOLVED:

1. The City Council hereby approves the attached Purchasing Procedures for inclusion in the City's Administrative Policies & Procedures Manual, and directs that all City staff comply with the Purchasing Procedures, as well as all applicable local, State, and federal laws and regulations.

2. Notwithstanding the foregoing, any changes to the dollar thresholds for authorizations set forth in Purchasing Procedures Section 3.2, Authorization Levels, are subject to prior Council approval by a resolution,
PASSED AND ADOPTED by the Fortuna City Council on this 6th day of October 2025 by the following vote:

AYES:

NOES: None
ABSENT: None
ABSTAIN: None
_______________________________
Mike Johnson, Mayor City of Fortuna
ATTEST:
______________________________________
Millie Derby, Deputy City Clerk, City of Fortuna
APPROVED AS TO FORM:
_______________________________
Ryan Plotz, City Attorney
Business Agenda Item 4b.

STAFF REPORT
City Council Business Agenda Item
DATE: October 6, 2025
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Introduction and First Reading of Ordinance 2025-777, Amending Chapter

2.50 of the Fortuna Municipal Code to Provide for Revised Purchasing Systems
STAFF RECOMMENDATION:

Consider introducing and conducting a first reading, by title only, of Ordinance 2025-777, which proposes revisions to the City’s existing Purchasing System.

EXECUTIVE SUMMARY:

The City’s current purchasing regulations, which were last wholistically revised in 1997, are contained in Chapter 2.50 of the Fortuna Municipal Code (FMC). Staff contracted with Clare Gibson who specializes in contract and procurement law. She has identified portions of the City’s purchasing regulation that better align with existing law as applicable to charter cities. The attached Ordinance also endeavors to more clearly delineate between the requirements for the procurement of goods and services.

The proposed ordinance, if adopted, revises the purchasing system to make the following changes:
• Procurement of Goods – Contracts for goods (supplies and equipment) are governed by Government Code section 54202. This Government Code section does not require formal bidding for procuring goods. Likewise, there is no such formal bidding requirement for goods in the City Charter. For this reason, the procurement of goods has been separated from Public Works contracts and services to no longer require formal bidding. The method of informal bidding (requesting quotes) will be more efficient for securing the lowest price for goods. The limit for informal quotes will be anything greater than $5,000. • Public Works Contracts - Public Works contracts are defined in Public Contract Code section 1101. The proposed Ordinance will align that definition with Chapter 2.50 of the FMC. Additionally, the Ordinance will index the thresholds for formal bidding, informal bidding, and negotiated public works contracts to the values used in the California Uniform Public Construction Cost Accounting Act, Public Contract Code section 22000 et seq. (“CUPCCAA”). The CUPCCAA bid thresholds are updated about every five years which Business Agenda Item 4b.

will allow for automatic increases to bidding thresholds without having to routinely adopt revised Ordinances. Currently, the thresholds are as shown below. o Contracts under $75,000 to be purchased by force account o Contracts between $75,000 and $220,000 to be purchased through informal bid procedure
o Contracts above $220,000 to be purchased through formal bid procedure According to information available on State Controller’s Office website, as of May 2, 2025, currently 1665 local agencies have elected to be subject to CUPCCAA, and 62% of all California cities (including some charter cities) have elected to be subject to CUPCCAA. • Professional Services and General Services – In order to align with applicable Government Code provisions, the procedures for professional services have been split into two main subsections. Subsection A addresses “architectural and engineering services” subject to Government Code section 4529.10 et seq., and subsection B addresses “all other services” for which the City has broad discretion under the terms of the Charter and pursuant to Government Code section 37103. Subsection A must always go through the RFP/RFQ process no matter what the cost per Government Code. The limits for all other Professional Services and General Services would be revised to anything under $75,000 be purchased through direct negotiation and quotes and anything over would need to be through an RFP/RFQ process.

Staff recommends that the City Council introduce and conduct a first reading on Ordinance No. 2025-777. Staff would bring the ordinance back for a second reading and adoption on October 20.

FISCAL IMPACT
Streamlining the City’s Purchasing System will result in increased efficiency in Department operations through reduced impacts on staff time to procure goods and services. Increasing the thresholds for formal bidding will also reduce costs associated with advertising costs that have to occur in a local publication.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report and review questions with staff;

2. Open Public Comment

3. Close Public Comment

4. Motion to introduce and conduct a first reading or Ordinance No. 2025-777, read by title only and continue the public hearing to October 20, 2025 to conduct the second reading.

Roll Call vote
ATTACHMENTS:

Attachment A: Ordinance No. 2025-777
ORDINANCE NO. 2025-777

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA CALIFORNIA, AMENDING TITLE 2 – ADMINISTRATIVE AND PERSONNEL OF THE CITY OF FORTUNA MUNICIPAL CODE BY REVISING CHAPTER 2.50 –

PURCHASE OF SUPPLIES, EQUIPMENT, AND CONTRACTUAL SERVICES AND

DETERMINING THE ORDINANCE EXEMPT FROM CEQA
WHEREAS, the City of Fortuna (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, on November 17, 1997, the City Council passed and adopted Ordinance No. 97-611, which amended Title 2 of the Fortuna Municipal Code (“FMC”), to complete a comprehensive review of the City Code; and
WHEREAS, the City Council intends, by this Ordinance, to further amend certain provisions of Chapter 2.50 of the FMC to better align Chapter 2.50 with existing law as applicable to charter cities; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance.

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

SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. The City Council finds, pursuant to the California Environment Quality Act (CEQA), Guidelines section 15378, that this Ordinance is not a Project as defined by CEQA.

Furthermore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

SECTION 3. Fortuna Municipal Code Amendment. Section 2.50 - Purchase of supplies, equipment, and contractual services - of the Fortuna Municipal Code is amended as set forth in Exhibit A attached hereto and incorporated herein by this reference.

SECTION 4. Severability. If any provision of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such invalidity shall not affect the remaining provisions or application of the remaining provisions of this Ordinance, which can be given effect without the invalid provisions or application.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council. The Clerk shall cause this Ordinance to be published in the manner required by Government Code section 36933.

INTRODUCED AND FIRST READING PERFORMED on this 6th day of October 2025 by the following vote:

AYES:

NAYS:

ABSENT: None
ABSTAIN: None

Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 20th day of October 2025 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
‘Exhibit A’
Chapter 2.50

PURCHASE OF SUPPLIES, EQUIPMENTGOODS AND CONTRACTUAL SERVICES Sections:

2.50.010 Adoption of purchasing system.

2.50.015 Purchasing system – Power bestowed by city charter; definitions.

2.50.020 Purchasing agent.

2.50.030 Purchasing procedures for goods.

2.50.040 Formal bidding proceduresPublic works contracts.

2.50.050 Informal bid proceduresProfessional services.

2.50.060 Purchasing of servicesGeneral services.

2.50.070 Exceptions to bidding.

2.50.080 Unlawful purchases.

2.50.090 Public works projectsLabor Code compliance.

2.50.010 Adoption of purchasing system.

In order to establish efficient procedures for the purchase of supplies, equipmentgoods and services, to obtain these items at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over all purchases, and to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted. (Ord. 25-___ § __;Ord. 97-611 § 2; Ord. 81-455 § 1).

2.50.015 Purchasing system – Power bestowed by city charter; definitions.

A. The Charter of the city of Fortuna, Article IV, Section 400, Public Works, provides in part: “The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work.” In addition, Article IV, Section 401, Purchasing, provides: “The city shall have the power to establish standards, procedures, rules, or regulations related to the purchasing of goods, property, or services.” (Ord. 97-611 § 2).

B. Force Account Construction Work. As authorized by City Charter Section 400, Public Works, the city of Fortuna hereby exercises the right granted by the voters to establish force account limits for public works projects. No limit is established for work performed by city employees and the city has the right to complete part of a project with its own employees and bid part of a project, or bid the entire project.

C. Definitions. The following definitions apply to this chapter:
“General services” are services other than professional services or services provided under a public works contract, as defined below, including, but not limited to, services for maintenance of city property; repair of goods; information technology services including installation and maintenance; landscape maintenance; janitorial services; tree-trimming; street sweeping; power washing; and instructors or service providers for recreational programs.
“Goods” means supplies and equipment.
“Professional services” are services that involve the exercise of discretion and independent judgment based on specialized training and experience, including, but not limited to, services provided by accountants, actuaries, auditors, appraisers, architects, attorneys, construction managers, engineers, environmental advisors, financial advisors, information technology experts, expert instructors, land surveyors, landscape architects, and land use planners. “Public works contract” means an agreement for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Ord. 25-___ § __; Ord. 2014-716 § 2; Ord. 2012-695 § 1; Ord. 97-611 § 2; Ord. 97-607 § 2).

2.50.020 Purchasing agent.

The city manager shall act as purchasing agent for the city. The city manager may delegate any of the powers and functions of the purchasing agent to any other officer or employee of the city. The purchasing agent shall have the authority and duty to:

A. Purchase or contract for supplies, equipmentgoods and contractual services required by any using city department or agency in accordance with purchasing procedures prescribed herein, such administrative regulations as the purchasing agent shall may adopt and such other rules and regulations as shall may be prescribed by the city council or city manager, at all times endeavoring to obtain as full and open competition as possible on all purchases;
B. Negotiate Oversee procurement, including negotiation when applicable, and recommend execution of contracts for the purchases of supplies, equipmentgoods and contractual services; C. Act to procure for the city the needed quality in supplies, equipmentof goods and contractual services at least expense to the city, subject to the terms of this chapter; D. Discourage uniform bidding and endeavor to obtain as full an open competition as possible on all purchasesRequire compliance with appliable laws and grant funding conditions; E. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
F. Prescribe and maintain such forms procurement and contract templates as reasonably necessary to conform to the requirements of this chapter and other rules laws and regulations; G. Supervise the inspection of all supplies, goods and contractual services and equipment purchased to ensure conformance with the applicable request, specifications, or scope; H. Administer the transfer of surplus property between departments as needed, or sell, or otherwise dispose of such surplus property;
I. Oversee the operation of all storerooms for the storage of common use items to ensure the safe keeping and proper storage and handling of all supplies and equipment therein; J. Maintain a bidder’s list for public works contracts, vendor’s catalogue file and other records used in modern procurement operations. (Ord. 25-___ § __; Ord. 97-611 § 2; Ord. 81-455 § 2).

2.50.030 Purchasing procedures for goods.

Except as otherwise provided in this chapter, all purchases and contracts for supplies, equipment and commoditiesgoods of any value shall be accomplished either by or through the purchasing agent.

Purchases shall be processed by one of the following:

A. Requisitions. Using City departments and agencies shall must submit requests for supplies and equipmentgoods to the purchasing agent by standard requisition forms.

B. Purchase Orders. Purchase of supplies and equipment shall be made only byA purchase order must be issued for each purchase of goods.

C. Encumbrance of Funds. Except in cases of emergency, as determined pursuant to FMC

2.50.0702.30.160, the purchasing agent shall may not issue any purchase order for supplies or equipmentgoods unless there is an appropriation in the fund account against which such purchase is to be charged.

D. Request for Quotes. For a purchase of goods that are valued over $5,000, an informal request for quotes may be submitted to three or more appropriate vendors from the vendors catalogue file or as otherwise approved by the purchasing agent. The request for quotes must include a general description of the goods, the required quantity, and any other applicable requirements, such as delivery instructions or time for delivery in order to ensure a fair comparison of pricing from separate vendors.

E. Authorization. Except as expressly authorized by the city council, the purchasing agent has authority to approve a purchase of goods up to $100,000. A purchase of goods above that amount must be authorized by the city council. (Ord. 25-___ § __; Ord. 97-611 § 2; Ord. 81-455 § 3).

2.50.040 Formal bidding proceduresPublic works contracts.

Public works contracts are subject to the applicable provisions of the Public Contract Code except as specified in this chapter, as authorized by the Charter of the city of Fortuna.

A. Bid Thresholds. Except as otherwise provided in this chapter, the bid thresholds established pursuant to the California Uniform Public Construction Cost Accounting Act (Public Contract Code section 22000 et seq.) (CUPCCAA) as set forth in Public Contract Code section 22032, as may be amended from time to time, will apply to determine the applicable bidding requirements as set forth below. Notwithstanding that the city has elected to index bid thresholds for public works contracts to the current thresholds approved under CUPCCAA, the city has not elected to be subject to CUPCCAA and none of the CUPCCAA requirements will be construed to apply to the city.

1. Public works contracts that are valued at or less than the amount set forth in Public Contract Code section 22023(a) may be procured by negotiated contract following an informal request for quotes from at least three qualified contractors, as practicable.

2. Public works contracts that are valued over the amount set forth in Public Contract Code section 22023(a), but not more than the amount set forth in Public Contract Code section 22023(b), are subject to the informal bid procedures set forth below.

3. Public works contracts that are valued over the amount set forth in Public Contract Code section 22032(c), are subject to the formal bid procedures set forth below. when the value of any purchases or contract for goods, supplies or equipment is $10,000 for a single item or bulk purchase of a single item, the purchase shall be by bid procedure. In all such cases a written contract must be executed. Written contracts shall mean either purchase order or formal contract, whichever is appropriate as determined by the purchasing agent. The purchasing agent has the authority to award bids up to $30,000. The bid procedure shall be as follows:

AB. Notice Inviting BidsFormal Bid Procedures.

1. Using the bid document forms approved by the purchasing agent, a nNotices inviting bids shall must be prepared to include the a general description of the articles to be purchasedproject, the required contractor license classification, shall state where bid blanks andinformation for obtaining the project plans and specifications may be secured, and the time and place for opening of bids, and any other requirements required by law, including Labor Code requirements.

The purchasing agent shall may solicit sealed bids from all responsible prospective suppliersqualified contractors by one or more of the following: (a) publishing the notice inviting bids in a newspaper of general circulation, (b) submitting the notice inviting bids for publication in local or regional construction trade journals, (c) posting the notice inviting bids on the city website, or (d) by transmitting the notice inviting bids to whose names arequalified contractors on the bidders’ list or who have requested their names to be added thereto, and any other source known to the purchasing agent. The notice inviting bids must be published, submitted, or transmitted at least 14 days before the bid opening date.

B2.. Bidders’ Security. When deemed necessary by the purchasing agent, bidders’ security may be prescribed in the public notices inviting bidsThe bid documents must require each bidder to submit with its bid, bid security equal to 10 percent of the bid amount and made payable to the city, in the form of a bidder’s bond, in a form approved by the purchasing agent, executed by an admitted surety; or a certified check or cashier’s check. Bidders shall be entitled to return to bid security provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within 10days after the notice of award of contract has been mailed unless the city is responsible for the delay. The city council or purchasing agent may, on refusal or failure of the successful bidder to execute the contract or to supply the required payment and performance bonds, award it to the next lowest responsible bidder. If the city council or purchasing agent awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low and the second lowest bid, and the surplus, if any, shall be returned to the surety if a bidder’s bond is used or to the lowest bidder if a check is used.

3. Unless the bid documents require electronic submission of bids, sealed bids must be submitted to the purchasing agent must be identified as bids on the envelope. Bids will be opened in public at the time and place stated in the public notice. A tabulation of all bids received will be opened for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. No bids will be accepted after the specified date and time for bid opening, which is subject to amendment only by addenda.

E4. Approval. The bids shall be submitted to the purchasing agent, who has the discretion to waive any immaterial irregularities as permitted under California law. The cCity council, or the purchasing agent, shallmay approve a contract or purchase order for with the lowest responsible bidder, or reject all bids.

F5. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council or purchasing agent may accept one of them or accept the lowest bid made byfollowing negotiations with the tied bidders at the time of or after the bid opening.

C. Performance Bond. The city council and purchasing agent shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the city. If the city council or purchasing agent requires a performance bond, the form and amount of the bond shall be described in the notice inviting bid.C. Informal Bid Procedures.

The informal bid procedures are identical to the formal bid procedures in this chapter except that the notice inviting bids may be issued 10 days before the bid opening date.

D. Request for Quotes. For public works contracts that are valued below the threshold for informal bid procedures, as authorized by the purchasing agent, an informal request for quotes may be issued via email to three or more qualified contractors, including, but not limited to, contractors on the bidders list.

The request for quotes must include a general description of the project, the required contractor license classification, information for obtaining the project plans and specifications (if applicable), and any other requirements required by law, including Labor Code requirements if applicable. Alternatively, the purchasing agent may authorize direct negotiations with a qualified contractor on the bidders list.

E. Payment and Performance Bonds. For any public works contract valued over $25,000, before commencing any work, the contractor must provide a payment bond in conformance with Civil Code section 9554, as may be amended from time to time, and a performance bond guaranteeing completion of the work under the terms of the contract, each provided for 100 percent of the total amount payable under the contract, and each issued by an admitted surety on bond forms provided by or acceptable to the purchasing agent.

F. Authorization. Except as expressly authorized by the city council, the purchasing agent has authority to approve a public works contract up to $100,000. Any public works contract above that amount must be authorized by the city council. (Ord. 25-___ § __; Ord. 97-611 § 2; Ord. 81-455§ 4).

D. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be opened for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. No bids shall be accepted after the stated time specified in the notice inviting bids.

E. Approval. The bids shall be submitted to the purchasing agent. City council, or the purchasing agent, shall approve a contract or purchase order for the lowest responsible bidder, or reject all bids.

F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council or purchasing agent may accept one of them or accept the lowest bid made by negotiations with the tie bidders at the time of or after the bid opening. (Ord. 97-611 § 2; Ord. 81-455§ 4).

2.50.050 Informal bid proceduresProfessional services.

A. Architectural and Engineering Services. Pursuant to Government Code section 4529.10 et seq., all contracts for architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services will be procured pursuant to a fair, competitive selection process which prohibits city employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure must require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities.

A request for proposals, which may include a request for qualifications, must be used for those professional services subject to Government Code section 4529.10 et seq. While cost may be considered as a factor, the basis for award may include other considerations as well, including relevant qualifications and experience. Award must be based on the factors stated in the request for proposals. Notwithstanding the foregoing, if such services are funded in whole or in part by grant funding that requires specific procurement requirements such as qualifications-based selection, procurement and award must comport with the applicable grant funding requirements.

B. Other Professional Services. For all other professional services, for agreements valued up to $75,000_______, the purchasing agent may directly negotiate the terms of the agreement with a service provider deemed to provide the best value for the city, based on the service provider's qualifications, experience, references or performance history, and cost. For agreements valued over $75,000, the professional services must be procured pursuant to a request for proposals that includes a request for qualifications. Cost may be considered as a factor, but the basis for award may include other considerations as well, including relevant qualifications and experience. Award must be based on the factors stated in the request for proposals.In cases where the value of supplies, equipment or contractual services is less than $10,000, the purchasing agent shall purchase the item or items by informal bidding, negotiations, or annual purchase agreement. Informal bidding means solicitation by the purchasing agent of at least three price quotations, either written or verbal, of which the bid yielding the lowest ultimate cost shall be accepted. The lowest ultimate cost shall mean the lowest informal bid price commensurate with the quality needed and shall include consideration of anticipated operating costs, transportation or packing charges, availability, storage costs, and supplier responsibility when such factors are relevant.

C. Authorization. Except as expressly authorized by the city council, the purchasing agent has authority to approve a contract for professional services up to $100,000. Any contract for professional services above that amount must be authorized by the city council. (Ord. 25-___ § __; Ord. 97-611 § 2; Ord. 81-455 § 5).

2.50.060 Purchasing ofGeneral services.

When the city council or city manager authorize the hiring of general services for which standard specifications cannot be drawn due to the nature of the service or because of national association bylaws or professional policies prohibiting competitive bidding, such as, but not limited to, architectural services, consultant services, legal services, and engineeringmaintenance; janitorial; landscape maintenance; technology installation, maintenance, or repair; or recreational instructional services, the city manager shall may negotiate with qualified providers for the authorized service when the value of the contract does not exceed $75,000. For general services contracts over $75,000, an informal request for proposals must be issued to solicit proposalsProposals shall be submitted whenever practicable from at least three firmsqualified service providers, whenever practicable. When the service lends itself to written standard specifications, then bidding for this service shall be conducted pursuant to FMC 2.50.040. When the value of any agreement for general services is greater than $10,000100,000, the contract or purchase order shall may not be executed unless it is approved by the city council. (Ord. 25-___ § __; Ord. 97-611 § 2; Ord. 81-455§ 6).

2.50.070 Exceptions to bidding.

Purchases of supplies, equipment goods and contractual services shall be bysubject to formal or informal bid procedures pursuant to this chapter exceptmay be exempted from bid procedures under the following circumstances:

A. In case of an emergency as determined by the city manager or, in his or her absence, the acting city manager, pursuant to FMC 2.30.160. The city manager shall be advised of such emergency purchase as soon as practicable;
B. When the supplies, equipmentgoods or contractual services can be obtained from only one vendor or provider;
C. When the city has entered or may enter into a contract with another governmental unit entity to purchase a particular item on a cooperative basis;
D. When the city council finds that direct negotiations with a qualified vendor or provider shall will best serve the city due to the nature of the supplies, equipmentgoods or contractual services.

E. When alternative procurement methodology, including, but not limited to, design-build, progressive design-build, or construction-manager-at-risk has been authorized by the city council for a public works contract. (Ord. 25-___ § __; Ord. 97-611 § 2; Ord. 81-455 § 7).

2.50.080 Unlawful purchases.

No purchase or contract for any supplies, materials, equipmentgoods or contractual services shall may be made contrary to the provisions of this chapter. No contract or purchase shall may be subdivided or split to avoid any of the provisions of this chapter. All purchases for goods or services much be memorialized in a writing by a written agreement in a form approved by the city attorney, or by purchase order as authorized by the purchasing agent. (Ord. 25-___ § __; Ord. 97-611 § 2; Ord. 81-455 § 8).

2.50.090 Public works projectsLabor Code compliance.

A. Prevailing Wages. Contracts Pursuant to Labor Code section 1782, contracts for city-funded public works construction projects valued in excess of $25,000, and contracts for city-funded alteration, demolition, repair or maintenance projects valued in excess of $15,000, shall requireare subject to payment of prevailing wages in accordance withand compliance with all applicable the requirements of Article 2 of Chapter 1, of Part 7, of Division 2 of the California Labor Code beginning at section 1770, as may be amended from time to time, including, but not limited to, requirements for contractor and subcontractor registration with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1771.1; notice of award to the DIR pursuant to Labor Code section 1773.3; and DIR payroll submission requirements pursuant to Labor Code section 1771.4. (Ord. 25-___ § __; Ord. 2014-716 § 2; Ord. 2012-695 § 1; Ord. 97-611 § 2; Ord. 97-607 § 2).

B. Force Account Construction Work. As authorized by City Charter Section 400, Public Works, the city of Fortuna hereby exercises the right granted by the voters to establish force account limits for public works projects. No limit is established and the city has the right to complete part of a project and bid part of a project, or bid the entire project. (Ord. 2014-716 § 2; Ord. 2012-695 § 1; Ord. 97-611 § 2; Ord. 97-607 § 2).

Study Session Item 5a

STAFF REPORT
City Council Study Session
DATE: October 6, 2025
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Study Session #2: Nitrous Oxide and Tobacco Retail License STAFF RECOMMENDATION:

1. Receive a presentation from City staff and County of Humboldt Public Health staff on a Nitrous Oxide and Tobacco Retail License ordinances; and

2. Consider directing the City Manager to return to the City Council with an ordinance banning Nitrous Oxide and further action on a Tobacco Retail License Ordinance.

DISCUSSION:

The City Council received a Nitrous Oxide presentation by the County of Humboldt Public Health staff on August 18, 2025. The City Council directed staff to return with another presentation. As a result of a May 22, 2024 fatal vehicle vs. pedestrian accident in Eureka where the driver was using or had very recently used nitrous oxide and was impaired as a result, causing the fatal accident, many local jurisdictions have taken action to ban nitrous oxide.

At this time, the below is a list of actions taken by local jurisdictions. • County of Humboldt - Unincorporated County: Nitrous Oxide ordinance and TRL amendment (revocation of tobacco license for selling NO) were adopted on June 3, 2025 and took effect on July 3, 2025
• Arcata: Nitrous Oxide ordinance was adopted on June 4, 2025 and took effect in July • Rio Dell: Nitrous Oxide ordinance adopted on June 17, 2025 and took effect in July. • Ferndale: Nitrous Oxide ordinance adopted July 16, 2025 and took effect in August. • Eureka: Introduction (first reading) of the Nitrous Oxide ordinance and Tobacco Retail Licensing (TRL) ordinance planned for end of October.

Staff have also been approached by the County of Humbolt to enact a Tobacco Retail License Ordinance since the County adopted such an ordinance on July 11, 2023 for unincorporated Humboldt County. The purpose of this ordinance is to reduce the availability of tobacco for youth in the community and enforce local, state and federal tobacco laws.

BACKGROUND:

Nitrous oxide, also known as "laughing gas," is a colorless, nonflammable gas that has both legitimate and illegitimate uses. While it is widely used in food preparation and medical or dental care, it has also gained popularity as a recreational inhalant. Despite existing state laws prohibiting inhalation for intoxication purposes and restricting sales to minors, the product remains easily accessible in large quantities and is frequently misused in unsupervised and unsafe ways. This has become a growing Study Session Item 5a

public health concern across Humboldt County, particularly among young people. The recreational use of nitrous oxide, particularly among adolescents, is linked to a range of severe health risks including nerve damage, cognitive impairments, psychosis, and in some cases, death. A 2025 study published in The Lancet found that youth as young as 14 can suffer irreversible neurological damage from recreational nitrous oxide use. In Humboldt County, the 2021–2023 California Healthy Kids Survey reported that 11% of 7th and 11th grade students had used inhalants, with evidence of initiation occurring as early as 5th grade. Nitrous oxide is often sold in small metal cylinders or “whipits,” which are readily available in smoke shops and convenience stores, including near schools and public recreation areas. The lack of clear regulatory authority for local jurisdictions to manage retail sales of nitrous oxide has contributed to increased access and normalization of its recreational use.

Tobacco retail licenses are issued at the state level through the California Department of Tax and Fee Administration. Many counties and cities also have local ordinances requiring a license to sell tobacco products. In California, at least 219 cities and counties have local tobacco retail licensing ordinances.

These ordinances help to provide the local structure for enforcement, as well as funding for tobacco retailer education and compliance checks.

FISCAL IMPACT:

Receiving a presentation on Nitrous Oxide and the Tobacco Retail License has minimal financial impact since the costs of staff time has already been budgeted for Fiscal Year 2025-26. Should the City Council direct the development of a Nitrous Oxide ban and a Tobacco Retail License it is anticipated the ordinance would not have a significant financial impact on the City’s budget. Any enforcement activities will be incorporated into existing code enforcement and public safety operations.

RECOMMENDED COUNCIL ACTION:

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

2. Receive public comment; and

3. Consider directing the City Manager to return to the City Council with an ordinance banning nitrous oxide and a Tobacco Retail License ordinance. Voice Vote.

ATTACHMENTS:

Attachment A – Fortuna Recreational Nitrous Oxide Presentation Attachment B – Approved Countywide Nitrous Oxide Retail Analysis Attachment C – Eel River Valley Nitrous Oxide Report
Attachment D – Tobacco Retail License Matrix
Humboldt County’s Recreational Nitrous Oxide and Tobacco Retail Licensing Ordinance Policy Work October 2025
Fortuna City Council Meeting

Recreational Nitrous Oxide Use in Humboldt
According to the 2021-2023 California Healthy
Kids Survey (CHKS) Humboldt County Secondary
Report, 4% of Grade 7 and Grade 11 students
reported that they have already used inhalants
(California Department of Education, 2023).

In the 2021, “Your Thoughts on Substance Use in
Humboldt County” survey, young people and
community members highlighted that nitrous
oxide misuse and litter should be a priority area
for our prevention work.

In May 2024, a fatal pedestrian collision involving
a driver under the influence of recreational
nitrous oxide occurred in the City of Eureka. Photo courtesy of: Lost Coast Outpost; July 8, 2024 Commercial Tobacco and Vaping Use in Humboldt County
34%
In Humboldt County,
smoking tobacco causes
or contributes to 34% of
all deaths (Humboldt
County Public Health
Data, 2005-2018).
20%
25% of Humboldt County
ninth-graders have used
vape products (California
Healthy Kids Survey Data,
2021-2023).
66%
67% of Humboldt 11thgraders report it is "fairly" or
"very easy” to obtain vape
(e-cigarette) products
(California Healthy Kids
Survey Data, 2021-2023).

Recreational NO Use: Short-Term Effects
Short-term effects may include (Alcohol and Drug
Foundation, 2025)
Dizziness and light-headedness
Blurred vision
Sweating
Unusual tiredness or weakness
Fainting or loss of blood pressure
Heart attack (in extreme cases)
Potential for hypoxia (lack of oxygen).

Packaging for “Great Whip” brand mini
and large sized nitrous tanks, found in
Fortuna at a busy apartment complex
of families with young children.

Recreational NO Use: Long-Term Effects
Long-term effects may include (Alcohol
and Drug Foundation, 2025)
Neurological damage
Memory loss
Vitamin B-12 depletion
Potential brain and nerve damage
Ringing or buzzing in the ears
(tinnitus)
Incontinence
Numbness in hands or feet
Limb spasms; loss of muscle control
Weakened immune system
Disruption to reproductive systems
Potential birth defects, if used during
pregnancy
Peripheral neuropathy
Psychological dependence
Potential for psychosis.

Nitrous oxide “whippet” canister litter
found at the mouth of the Van Duzen River
near Alton.

Canister
Small metal cartridges that contain compressed nitrous oxide gas Chargers, whippets or “Whip-Its”
Cracker:

Metal container that “cracks” the canisters and dispenses nitrous oxide gas Tanks
Dispense a steady stream of nitrous oxide gas without having to use canisters
Small to extra-large containers available.

Recreational NO Use: Paraphernalia Defined
Implementation Timeline
JANUARY 2024 JUNE 2024 2024-2025
The Humboldt County
Board of Supervisors
directed the DHHS
Public Health Branch to
address retail sales of
recreational nitrous
oxide through education
and policy approaches.

Public Health’s
Substance Use
Prevention program
was awarded funding
to work on
recreational nitrous
oxide education and
prevention.

Public Health’s
Substance Use
Prevention program
teamed up with
community partners
from October 2024-April
2025 to conduct a retail
landscape analysis.

DHHS Public Health
collaborated with City
Managers from
incorporated cities to
develop a Recreational
Nitrous Oxide
Ordinance and unified,
countywide approach.
2025
MAY 6, 2025 MAY 21, 2025
DHHS Public Health
did a presentation
about Nitrous
Oxide to the Arcata
City Council on May
21, 2025. Council
voted to adopt the
ordinance on June
4, 2025.

DHHS Public Health
introduced the Nitrous
Oxide Ordinance to the
Board of Supervisors on
May 6, 2025, with the
proposal that it be
adopted on
June 3, 2025.

DHHS Public Health
did a presentation
about nitrous oxide
at the UIHS Board of
Directors Meeting on
April 25, 2025.

APRIL 2025 JUNE 3, 2025
The Nitrous oxide
ordinance for
Humboldt’s
unincorporated
areas was adopted
on June 3, 2025, and
set to be enacted
July 3, 2025.

Implementation Timeline Continued
JUNE 3, 2025 JUNE 3, 2025 JUNE 18, 2025 JULY 2, 2025
DHHS Public Health
and PHEI did a
presentation about
nitrous oxide to the
Rio Dell City Council
on June 3, 2025. Rio
Dell voted to adopt
their ordinance on
June 17, 2025
DHHS Public Health
and PHEI did a
presentation about
nitrous oxide to the
Ferndale City Council
on June 18, 2025.

HWMA provided
public comment in
support of the policy
work.
1,881 community
members responded
to a LoCO Poll. 67%
voted that they
support county and
city jurisdictions
work to ban the sale
of recreational
nitrous oxide.

DHHS Public
Health and PHEI
are scheduled to
present to the
Fortuna City
Council on Aug.
18, 2025.

DHHS Public
Health and PHEI
did a presentation
about nitrous
oxide to County
Prevention
Coordinators on
July 2, 2025.

DHHS Public Health
and PHEI will present
about nitrous oxide
to Hoopa Valley
Prevention team
and UIHS All Staff
and Coalition
Meetings.

AUG. 18, 2025
DHHS Public Health
and PHEI did a
presentation about
nitrous oxide at UIHS
regional meeting on
July 11, and the
California Rural
Indian Health Board
(CRIHB) on July 15-16.

JULY 2025
DHHS Public
Health and PHEI
planning to
present about
nitrous oxide to
the Eureka City
Council in
Summer 2025.

SUMMER 2025 SUMMER 2025
Observation Timeline

OCTOBER
22 Retailers
Unincorporated
Humboldt

NOVEMBER
18 Retailers
Eureka Incorporated
Arcata Incorporated
Unincorporated
Humboldt

DECEMBER
20 Retailers
Unincorporated
Humboldt

JANUARY
20 Retailers
Arcata Incorporated
Trinidad Incorporated

FEBRUARY
61 Retailers
Eureka Incorporated
Fortuna Incorporated
Ferndale Incorporated
Rio Dell Incorporated

MARCH/APRIL
3 Retailers
Ferndale Incorporated
Eureka Unincorporated
Public Health and HASPI-CAN completed 144 retail observations from October 2024-April 2025.

This work included observations in unincorporated and incorporated Humboldt and did not include observations in tribal areas.

Staff observed nitrous oxide products in plain sight at 24 (16.7%) of 144 retail outlets.
5 of the outlets only had crackers and canisters
1 only had canisters.
18 retail outlets had crackers, canisters and tanks
Staff disclosed the nitrous oxide observations at 34 (24%) of the 144 retail outlets the team visited.

Recreational Nitrous Oxide Landscape Analysis
Observed NO Products
No NO products observed
0 10 20 30 40 50
Chef
Home Goods
Store/Convenience Store
Pharmacy/Drug Store
Independent
Liquor
Smoke Shops
Gas Stations
Market/Supermarket
3 18
1 1
1 Independent retail outlets include sex shops, glass shops, non-traditional tobacco retailers and variety or general stores.

Observed NO Products No NO Observed
0 2 4 6 8
Feedstores
Stores/Convienience Stores
Pharmacies
Home Goods
Smokeshops
Liquor Stores
Gas Stations
Markets/Supermarkets
Recreational Nitrous Oxide Sales in the Eel River Valley (ERV) 1 3

87.5%

12.5%
Nitrous oxide products in plain sight observed at 4 of 28 retail outlets.

Three Smoke Shops in Fortuna that also sell tobacco and nicotine products.

One Home Goods store in Ferndale selling NO products intended for home-based culinary use.

Anecdotal evidence that another retail outlet in Rio Dell may sell NO out of plain sight.

Community members shared that residents from other jurisdictions in the ERV travel to the outlets in Fortuna to purchase recreational nitrous oxide products.

Key Findings
Recreational nitrous oxide products are
readily available and located in plain sight in
most jurisdictions in Humboldt County.

The majority of retail outlets that sell
recreational nitrous oxide products are
smoke shops.

The retail outlets selling nitrous oxide also
have a variety of flavored nicotine and
tobacco products on their shelves.

The community, including retailers, have
anecdotally shared that other retailers are
likely selling NO in back rooms or behind
closed doors. The Substance Use Prevention program
trains local youth in annual Photo Voice
Projects. This project highlighted issues
of alcohol and other drug litter,
including nitrous oxide products, on the
HCOE Court & Community campus in
Eureka.

Commercial Tobacco and Vape Sales in the Eel River Valley (ERV) 28 tobacco retail outlets were observed in the ERV in February 2025, including 17 retail outlets in Fortuna.

Four tobacco retail outlets sold flavored tobacco products. Three tobacco retail outlets sold recreational nitrous oxide products.

Underage Sales Rates Across the County
In 2022, youth between the ages of 18-20 were sent into local stores to see if they could purchase tobacco products at local stores. 27% 50% 47% 54% In unincorporated
Humboldt In Fortuna In Ferndale In Arcata
Why are we talking about a tobacco retail licensing ordinance? Tobacco use is the number one cause of preventable death in California
230 cities and counties in California, including Humboldt County, have local TRL ordinances
Prevent youth access
Enforce local, state and federal laws
Without a TRL, there is no local enforcement structure or long-term funding for local control over tobacco sales
Unincorporated Humboldt
Pre-TRL: Over 60% of stores selling flavored products
Post-TRL: Less than 5% out of compliance
Flavor ban is state law
Several rounds of outreach, education and enforcement
In Public Health’s recreational nitrous oxide retail
landscape analysis, the majority of retail outlets that sell nitrous oxide products also sell commercial tobacco
products.

TRL and NO Policy Development
Closing loopholes in state Health and Safety Code
For example, no enforcement mechanism
Protecting youth through limited accessibility
Enforcing local, state and federal laws, as applicable
Local control, local community building
Unified policy approach between unincorporated Humboldt County and city jurisdictions
Recent local policies in Humboldt County
Tobacco Retail Licensing Ordinance (July 2023)
Unincorporated Humboldt; cities now considering
Commercial tobacco use
Nitrous Oxide Ordinance
Unincorporated Humboldt, cities of Arcata, Ferndale and Rio Dell (June/July 2025)
Cities of Eureka and Fortuna (planned fall 2025)
Connect with UIHS Board of Directors to consider how DHHS-Public Health and HASPI-CAN can support local Tribal communities in NO work Reciprocal and collaborative work on policy approaches when there’s interest from both parties
Focus on upstream prevention, protecting youth from harmful substances.

Nitrous oxide is available in
small to extra large tanks at
retail outlets throughout
Humboldt. Some tanks
contain flavored NO.

County of Humboldt Nitrous Oxide Ordinance (NO) Provisions Various brands of nitrous oxide tanks.

Photo courtesy of: Mad River Union;
KLH|Union March 13, 2025.

Ban on sale of NO and associated paraphernalia in
Humboldt County
No exceptions for
Culinary
Automotive
Permissible for use
Health care, dental, pharmacy
Contained in food product for use as a
propellant
For example, packaged, canned whipped
cream
Enforcement
Misdemeanor
Public nuisance
Revocation of business license
Revocation of tobacco retail license
Not a current enforcement mechanism
available to Fortuna without a TRL ordinance.

County of Humboldt’s Tobacco Retail Licensing (TRL)
Ordinance
Adopted in July 2023 by Humboldt County Board of
Supervisors for unincorporated Humboldt County
Purpose
Reduce the availability of tobacco for youth in the
community.

Provide local control for local, state and federal tobacco laws.

Public Health’s Division of Environmental Health provides enforcement for the TRL in unincorporated Humboldt.

TRL amendment on May 6, 2025
Reference standalone NO ordinance
Provide additional enforcement for tobacco retailers
who also sell nitrous oxide products and paraphernalia.

Tobacco retailers who also sell nitrous oxide products risk losing their TRL and Humboldt County business license.

Acknowledgement
Special thanks to all the retailers who have been very helpful allies to this work and have provided useful anecdotal information to guide our work. The DHHS-Public Health team appreciates you!
Additionally, thanks for the support from the following community partners and agencies:

Humboldt County Board of Supervisors
Incorporated City Managers
Health & Social Policy Institute: Communities Addressing Nicotine (HASPI-CAN)
United Indian Health Services (UIHS)
Humboldt County Sheriff’s Office
Eureka Police Department
Rio Dell Police Department
Fortuna Police Department
Humboldt Waste Management Authority
DHHS-Public Health’s Division of Environmental Health
DHHS-Public Health’s Nicotine and Tobacco Prevention program.

Contact Information
Briana Sherlock, MPH
Humboldt County DHHS - Public Health
[email protected]
707-296-5484
Katie Jo Slaughter, MA
Humboldt County DHHS - Public Health
[email protected]
707-296-8312
Jay Macedo, MA
Partnership for Health Equity and Inclusion (PHEI)
[email protected]
916-267-7071
Humboldt County DHHS - Public Health, Substance Use Prevention [email protected]
707-268-2132

References
Alcohol and Drug Foundation. (2025, March 7). Nitrous oxide. https://adf.org.au/drug-facts/nitrous-oxide/ Brunt T. M., van den Brink, W. & van Amsterdam, B. (2022). Mechanisms involved in the neurotoxicity and abuse liability of nitrous oxide: A narrative review. International Journal of Molecular Sciences, 23(23). https://www.mdpi.com/1422-0067/23/23/14747
California Department of Education (2023). California Healthy Kids Survey: Humboldt County secondary report, 2021–2023. WestEd.

Humboldt County Department of Health and Human Services Public Health Branch (2019). Humboldt County lung cancer, chronic obstructive pulmonary disease (COPD), and tobacco use mortality data report, 2005-2018.

Lost Coast Outpost (July 8, 2024). DUI suspect in fatal Eureka collision admitted to using nitrous before driving, says EPD. Lost Coast Communications.

Lost Coast Outpost (June 3, 2025). LoCo Pollz: POLL! Do you think Humboldt governments should ban nitrous oxide sales?

INTRODUCTION
Recreational nitrous oxide (also known as NO, N2O or whippets) use is a significant health and wellness concern in Humboldt County. Many local community members and families have reported being adversely impacted by harmful use of recreational nitrous oxide products that are available in the retail environment. In the 2021, "Your Thoughts on Substance Use in Humboldt County" survey, young people and community members highlighted that nitrous oxide misuse and litter should be a priority area for Department of Health & Human Services (DHHS)-Public Health's substance use prevention work. Throughout this report, discussion of recreational use is separate and distinct from appropriate medical, dental and pharmaceutical use of nitrous oxide.

The chemical abbreviation for nitrous oxide is N2O, but we will refer to nitrous oxide as NO throughout this analysis.

In January 2024, the Humboldt County Board of
Supervisors directed DH HS-Public Health staff to
address retail sales of recreational nitrous oxide
through education and policy approaches. While for
years there had not been conclusive data clearly
articulating the significant short-term and long-term
harms of nitrous oxide, two Supervisors, Michelle
Bushnell and Mike Wilson, saw it firsthand in the
communities they represent. They reached out to
DH HS-Public Health to work together on this
emerging health concern. The DHHS-Public Health
Substance Use Prevention (SUP) program staff
stepped into a lead role coordinating this work for
Public Health.

Nitrous oxide "whippet"
canister litter found at the
mouth of the Van Duzen River
near Alton.

Conducting environmental prevention activities is a critical function of Public Health Departments and substance use prevention programs providing primary prevention services. The goal of these activities is to do upstream work to prevent or mitigate negative health outcomes and to work alongside the community to address social norms around substance use that are harmful to young people and families and/ or impact everyone in the community.

A WATERSHED MOMENT
In May 2024, a fatal pedestrian collision involving a
driver under the influence of recreational nitrous oxide occurred in the City of Eureka, Humboldt's county seat.

The accident occurred at Ninth and I streets, near the
historic Old Town Eureka neighborhood and within
walking distance to the county Courthouse and many
other county facilities including the main DHHS-Public
Health Branch. Multiple local families were involved,
including the driver who admitted to using NO
products before driving (Lost Coast Outpost, 2024).

This watershed moment prompted the City of Eureka
to draft a model Nitrous Oxide Ordinance and rally
other cities to adopt an ordinance, so there would be
a unified approach and outright ban of NO sales
throughout Humboldt County.

In collaboration with partners, SUP landed on
addressing the ongoing issues with recreational nitrous oxide through a two-pronged environmental
prevention approach: a landscape analysis and policy
development. First, a comprehensive and countywide
retail landscape analysis of where recreational nitrous oxide products are being sold in Humboldt was
conducted. Second, policy campaigns to support
local jurisdictions to draft and enact recreational
nitrous oxide retail sale ordinances were led,
leveraging the data collected in the landscape
analysis.

LOCAL & NATIONAL DATA
Photo courtesy of: Lost Coast
Outpost; July 8, 2024
Retai I Landscape
Analysis Defined:

A retail landscape analysis is an
environmental prevention
strategy to engage prevention
workers to assess and evaluate
the presence of alcohol and
other drugs in retail environments
through field work, store
observations, data collection
and analysis.

There is no known beneficial use of recreational nitrous oxide, especially for young people. A recent research study published in "The Lancet" showed that youth as young as 14 years old can have sustained neurological damage due to recreational nitrous oxide use (Zaloum et al., 2025).

The Alcohol and Drug Foundation (2025) describes that long-term adverse consequences from excessive recreational nitrous oxide can include: memory loss, Vitamin B12 depletion, brain and nerve damage, lack of judgement and safety awareness, depression, psychosis and dependence or addiction. If a large amount of recreational nitrous oxide is used in one sitting, it can lead to a drop in blood pressure and fainting. For more information about the effects of recreational nitrous oxide use, visit Nitrous oxide - Alcohol and Drug Foundation

A WATERSHED MOMENT
In May 2024, a fatal pedestrian collision involving a
driver under the influence of recreational nitrous oxide occurred in the City of Eureka, Humboldt's county seat.

The accident occurred at Ninth and I streets, near the
historic Old Town Eureka neighborhood and within
walking distance to the county Courthouse and many
other county facilities including the main DHHS-Public
Health Branch. Multiple local families were involved,
including the driver who admitted to using NO
products before driving (Lost Coast Outpost, 2024).

This watershed moment prompted the City of Eureka
to draft a model Nitrous Oxide Ordinance and rally
other cities to adopt an ordinance, so there would be
a unified approach and outright ban of NO sales
throughout Humboldt County.

In collaboration with partners, SUP landed on
addressing the ongoing issues with recreational nitrous oxide through a two-pronged environmental
prevention approach: a landscape analysis and policy
development. First, a comprehensive and countywide
retail landscape analysis of where recreational nitrous oxide products are being sold in Humboldt was
conducted. Second, policy campaigns to support
local jurisdictions to draft and enact recreational
nitrous oxide retail sale ordinances were led,
leveraging the data collected in the landscape
analysis.

LOCAL & NATIONAL DATA
Photo courtesy of: Lost Coast
Outpost; July 8, 2024
Retai I Landscape
Analysis Defined:

A retail landscape analysis is an
environmental prevention
strategy to engage prevention
workers to assess and evaluate
the presence of alcohol and
other drugs in retail environments
through field work, store
observations, data collection
and analysis.

There is no known beneficial use of recreational nitrous oxide, especially for young people. A recent research study published in "The Lancet" showed that youth as young as 14 years old can have sustained neurological damage due to recreational nitrous oxide use (Zaloum et al., 2025).

The Alcohol and Drug Foundation (2025) describes that long-term adverse consequences from excessive recreational nitrous oxide can include: memory loss, Vitamin B12 depletion, brain and nerve damage, lack of judgement and safety awareness, depression, psychosis and dependence or addiction. If a large amount of recreational nitrous oxide is used in one sitting, it can lead to a drop in blood pressure and fainting. For more information about the effects of recreational nitrous oxide use, visit Nitrous oxide - Alcohol and Drug Foundation

A WATERSHED MOMENT
In May 2024, a fatal pedestrian collision involving a
driver under the influence of recreational nitrous oxide occurred in the City of Eureka, Humboldt's county seat.

The accident occurred at Ninth and I streets, near the
historic Old Town Eureka neighborhood and within
walking distance to the county Courthouse and many
other county facilities including the main DHHS-Public
Health Branch. Multiple local families were involved,
including the driver who admitted to using NO
products before driving (Lost Coast Outpost, 2024).

This watershed moment prompted the City of Eureka
to draft a model Nitrous Oxide Ordinance and rally
other cities to adopt an ordinance, so there would be
a unified approach and outright ban of NO sales
throughout Humboldt County.

In collaboration with partners, SUP landed on
addressing the ongoing issues with recreational nitrous oxide through a two-pronged environmental
prevention approach: a landscape analysis and policy
development. First, a comprehensive and countywide
retail landscape analysis of where recreational nitrous oxide products are being sold in Humboldt was
conducted. Second, policy campaigns to support
local jurisdictions to draft and enact recreational
nitrous oxide retail sale ordinances were led,
leveraging the data collected in the landscape
analysis.

LOCAL & NATIONAL DATA
Photo courtesy of: Lost Coast
Outpost; July 8, 2024
Retai I Landscape
Analysis Defined:

A retail landscape analysis is an
environmental prevention
strategy to engage prevention
workers to assess and evaluate
the presence of alcohol and
other drugs in retail environments
through field work, store
observations, data collection
and analysis.

There is no known beneficial use of recreational nitrous oxide, especially for young people. A recent research study published in "The Lancet" showed that youth as young as 14 years old can have sustained neurological damage due to recreational nitrous oxide use (Zaloum et al., 2025).

The Alcohol and Drug Foundation (2025) describes that long-term adverse consequences from excessive recreational nitrous oxide can include: memory loss, Vitamin B12 depletion, brain and nerve damage, lack of judgement and safety awareness, depression, psychosis and dependence or addiction. If a large amount of recreational nitrous oxide is used in one sitting, it can lead to a drop in blood pressure and fainting. For more information about the effects of recreational nitrous oxide use, visit Nitrous oxide - Alcohol and Drug Foundation

LOCAL & NATIONAL DATA CONTINUED
According to the 2021-2023 California
Healthy Kids Survey (CHKS) Humboldt
County Secondary Report, 4% of
Grade 7 and Grade 11 students
reported that they have already used
inhalants (California Department of
Education, 2023).

Anecdotally, local substance use
disorder treatment providers in the
Humboldt County's Adolescent
Treatment Program have heard that
local youth will use several "hits" of
recreational nitrous oxide in one
sitting, typically in a group.

In Humboldt, it is possible for community
members to purchase recreational nitrous
oxide products in a residential
neighborhood. This mini watermelon nitrous
oxide canister was found in a local
neighborhood.

Local data related to adult recreational nitrous oxide use is difficult to collect. Nitrous oxide leaves the body quickly and it is hard to accurately test if someone experiencing substance use disorder or visiting a local emergency room department for harmful substance use is using recreational nitrous oxide. Locally, our substance use disorder death data shows Humboldt has experienced one reported death related to nitrous oxide use each year since 2021.

PROJECT Tl MELINE
In June 2024, DHHS-Public Health's Substance Use Prevention program was awarded funding from the Department of Health Care Services (DHCS) Substance Use Block Grant (SUBG) Primary Prevention Services grant, which originates with the federal government's Substance Abuse and Mental Health Services Administration (SAMHSA), to work on recreational nitrous oxide education and prevention activities throughout Humboldt County from 2024-2028.

DHHS-Public Health's Nicotine and Tobacco Prevention (NTP) program utilized its Department of Justice (DOJ) funding to partner with SUP. Both DH HS-Public Health programs collaborated with community partners from October 2024-April 2025 to conduct a comprehensive retail landscape analysis of where recreational nitrous oxide products were being sold. In total, 144 retail outlets were visited throughout Humboldt County. NTP completed education at 105 (73%) retail outlets. Retail observations were conducted as follows:

Summary of Retail Observations:
• October 2024: 22 retail outlets in unincorporated
Humboldt including McKinleyville (12), Garberville (5), Redway ( 4) and Piercy (1).
• November 2024: 18 retail outlets in unincorporated
Humboldt including Eureka ( 6 ), Loleta (1) Miranda (1), Myers Flat (1), Scotia (1), Orick (2), Arcata (1),
Garberville (2), Redway (1), City of Arcata (1) and City of Eureka (1).
• December 2024: 20 retail outlets in unincorporated
Humboldt including Willow Creek (4), Blue Lake (1),
McKinleyville (1), Eureka ( 6 ), Fields Landing (1),
Carlotta (1), Bridgeville (1), Hydesville (1), Honeydew (2) and Whitehorn/Shelter Cove (2).
• January 2025: 21 retail outlets in City of Arcata (19) and City of Trinidad (2).
• February 2025: 60 retail outlets in City of Eureka (35), City of Fortuna (17), City of Ferndale ( 4) and City of Rio Dell ( 4).
• March 2025: 2 retail outlets in City of Ferndale.
• April 2025: l retail outlet in unincorporated Eureka. • Total retail observations from October 2024-April
2025=144.

Key partners from the Health & Social Policy Institute-Communities Addressing Nicotine (HASPI-CAN) collaborated with DHHS-Public Health to complete observations in locations throughout the Eel River Valley from Rio Dell to Ferndale. The Eureka Police Department (EPD) provided an invaluable staff escort for the more difficult observations in City of Eureka.

Additionally, DH HS-Public Health would like to thank the following community partners and agencies for their support:
• Incorporated City Managers
• Humboldt County Sheriff's Office
• Rio Dell Police Department
• Fortuna Police Department
• Humboldt Waste Management Authority
• DHHS-Public Health's Division of Environmental Health Summary of Retail Observations:
• October 2024: 22 retail outlets in unincorporated
Humboldt including McKinleyville (12), Garberville (5), Redway (4) and Piercy (1).
• November 2024: 18 retail outlets in unincorporated
Humboldt including Eureka (6), Loleta (1) Miranda (1),
Myers Flat (1), Scotia (1), Orick (2), Arcata (1),
Garberville (2), Redway (1), City of Arcata (1) and City of Eureka (1).
• December 2024: 20 retail outlets in unincorporated
Humboldt including Willow Creek (4), Blue Lake (1),
McKinleyville (1), Eureka (6), Fields Landing (1),
Carlotta (1), Bridgeville (1), Hydesville (1), Honeydew (2) and Whitehorn/Shelter Cove (2).
• January 2025: 21 retail outlets in City of Arcata (19) and City of Trinidad (2).
• February 2025: 60 retail outlets in City of Eureka (35), City of Fortuna (17), City of Ferndale (4) and City of
Rio Dell (4).
• March 2025: 2 retail outlets in City of Ferndale.
• April 2025: 1 retail outlet in unincorporated Eureka. • Total retail observations from October 2024-April
2025-144.

Key partners from the Health & Social Policy Institute-Communities Addressing Nicotine (HASPI-CAN) collaborated with DHHS-Public Health to complete observations in locations throughout the Eel River Valley from Rio Dell to Ferndale. The Eureka Police Department (EPD) provided an invaluable staff escort for the more difficult observations in City of Eureka.

Additionally, DHHS-Public Health would like to thank the following community partners and agencies for their support:
• Incorporated City Managers
• Humboldt County Sheriff's Office
• Rio Dell Police Department
• Fortuna Police Department
• Humboldt Waste Management Authority
• DHHS-Public Health's Division of Environmental Health

SCOPE OF RETAIL OBSERVATIONS
The retaiI observations were focused primarily on
commercial tobacco and vaping outlets,
including smoke shops, but were expanded to
include independent retaiI outlets (also known as
"fringe stores"). Independent retaiI outlets
included sex shops, glass blower studios, private
social clubs, non­traditional tobacco retailers,
home goods stores, chef supply stores, cannabis
industry supply stores and variety or general
stores. The list of independent retaiI outlets was
expanded if program staff received anecdotal
evidence from retailers or community members
that locations needed to be added to the
itinerary of observations.

The retaiI observations were not conducted at
cannabis dispensaries and tattoo shops because
there was not any anecdotal evidence from
partners or community members that recreational
nitrous oxide might be sold at these venues in
Humboldt County. Nitrous oxide products may be
available at tattoo shops in the greater North
Coast region, but they are not currently known to
be selling these products in Humboldt.

Smoke Shop Defined:

Smoke shops are licensed specialty
stores that dedicate the majority of
their retail space to products
related to smoking, vaping and
tobacco. They offer a variety of
smoking-related products and
paraphernalia, including cigarettes,
cigars, hookahs, vapes and
accessories. They also frequently
offer a variety of unregulated
psychoactive substances such as NO
or Kratom and related
paraphernalia.

Tobacco Retailer Defined:

Tobacco retailers are shops, such as
gas stations, corner markets and
grocery stores, that also sell a
variety of tobacco and nicotine
products, such as cigarettes or
vapes. Tobacco is just one of many
products sold at these retail outlets.

It is not the main focus of the retail
space, and products may be limited.

All of these outlets will have the
valid local and state licenses to sell
tobacco products.

The retail observations were also not conducted in Humboldt's tribal areas, because Tribes are sovereign nations and do not fall under the jurisdiction of Humboldt County DHHS-Public Health. DHHS-Public Health and HASPI-CAN are supporting Humboldt's tribal communities in the ongoing policy work related to regulating recreational nitrous oxide sales as it is requested. For example, DH HS-Public Health and HASPI-CAN were invited to present their work on the NO retail landscape analysis to the United Indian Health Services (UIHS) Board of Directors in April 2025.

DHHS-Public Health conducted "located in plain sight" observations. Each retail outlet was scanned to see if there were recreational nitrous oxide products openly displayed on shelves, floors, walls, display cases or any other location that is visible to customers.

Back rooms, closed d rowers, stock rooms, locked cabinets or any spaces in the retai I outlets that are only accessible to retailers and their staff were not included in the retail landscape analysis.

The DHHS-Public Health team only disclosed the retail observations in 34 retail outlets in unincorporated Humboldt, one outlet in City of Fortuna and one outlet in the City of Arcata. The retailers in unincorporated Humboldt are under the jurisdiction of the countywide Tobacco Retail Licensing (TRL) ordinance. They have established relationships with the Nicotine and Tobacco Prevention Health Education Specialist who has visited these outlets several times previously to provide education about the TRL and other local, state and federal tobacco control laws.

One retailer expressed that they would not sell NO because they are located close to a high school campus and would not want any of the students to be exposed to recreational nitrous oxide products while shopping in their store. A retailer in the City of Arcata initiated a conversation with DH HS-Public Health staff about a smoke shop near the Arcata Plaza that they believed was selling flavored tobacco and NO. HASPICAN has previously conducted several rounds of retailer education in the Eel River Valley. They have an established and open relationship with one retailer in the City of Fortuna and could disclose the observation to them. These retailers have been very helpful allies to the retail observations and have provided useful anecdotal information to guide the work. Overall, retailers to whom observations were disclosed expressed that they support this work and recognize recreational NO as a harmful product in the community.

A main priority for the retail observations
was staff safety, which is why "located in
plain sight" and mostly undisclosed
observations were conducted. The majority
of the observations were done by DHHSPublic Health and HASPI-CAN staff without law enforcement support. A notable
exception was an invaluable ride-along
from EPD in the City of Eureka when some of
the more difficult retailers were visited.

Staff disclosed the nitrous oxide
observations at
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34 of the 144 retail
outlets the team visited (24%).

DHHS-Public Health conducted "located in plain sight" observations. Each retail outlet was scanned to see if there were recreational nitrous oxide products openly displayed on shelves, floors, walls, display cases or any other location that is visible to customers.

Back rooms, closed d rowers, stock rooms, locked cabinets or any spaces in the retai I outlets that are only accessible to retailers and their staff were not included in the retail landscape analysis.

The DHHS-Public Health team only disclosed the retail observations in 34 retail outlets in unincorporated Humboldt, one outlet in City of Fortuna and one outlet in the City of Arcata. The retailers in unincorporated Humboldt are under the jurisdiction of the countywide Tobacco Retail Licensing (TRL) ordinance. They have established relationships with the Nicotine and Tobacco Prevention Health Education Specialist who has visited these outlets several times previously to provide education about the TRL and other local, state and federal tobacco control laws.

One retailer expressed that they would not sell NO because they are located close to a high school campus and would not want any of the students to be exposed to recreational nitrous oxide products while shopping in their store. A retailer in the City of Arcata initiated a conversation with DH HS-Public Health staff about a smoke shop near the Arcata Plaza that they believed was selling flavored tobacco and NO. HASPICAN has previously conducted several rounds of retailer education in the Eel River Valley. They have an established and open relationship with one retailer in the City of Fortuna and could disclose the observation to them. These retailers have been very helpful allies to the retail observations and have provided useful anecdotal information to guide the work. Overall, retailers to whom observations were disclosed expressed that they support this work and recognize recreational NO as a harmful product in the community.

A main priority for the retail observations
was staff safety, which is why "located in
plain sight" and mostly undisclosed
observations were conducted. The majority
of the observations were done by DHHSPublic Health and HASPI-CAN staff without law enforcement support. A notable
exception was an invaluable ride-along
from EPD in the City of Eureka when some of
the more difficult retailers were visited.

Staff disclosed the nitrous oxide
observations at
I I I
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I I I
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I I I
I I I
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I I I
I I I
I I I
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I I I
I I I
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34 of the 144 retail
outlets the team visited (24%).

DHHS-Public Health conducted "located in plain sight" observations. Each retail outlet was scanned to see if there were recreational nitrous oxide products openly displayed on shelves, floors, walls, display cases or any other location that is visible to customers.

Back rooms, closed d rowers, stock rooms, locked cabinets or any spaces in the retai I outlets that are only accessible to retailers and their staff were not included in the retail landscape analysis.

The DHHS-Public Health team only disclosed the retail observations in 34 retail outlets in unincorporated Humboldt, one outlet in City of Fortuna and one outlet in the City of Arcata. The retailers in unincorporated Humboldt are under the jurisdiction of the countywide Tobacco Retail Licensing (TRL) ordinance. They have established relationships with the Nicotine and Tobacco Prevention Health Education Specialist who has visited these outlets several times previously to provide education about the TRL and other local, state and federal tobacco control laws.

One retailer expressed that they would not sell NO because they are located close to a high school campus and would not want any of the students to be exposed to recreational nitrous oxide products while shopping in their store. A retailer in the City of Arcata initiated a conversation with DHHS-Public Health staff about a smoke shop near the Arcata Plaza that they believed was selling flavored tobacco and NO. HASPICAN has previously conducted several rounds of retailer education in the Eel River Valley. They have an established and open relationship with one retailer in the City of Fortuna and could disclose the observation to them. These retailers have been very helpful allies to the retail observations and have provided useful anecdotal information to guide the work. Overall, retailers to whom observations were disclosed expressed that they support this work and recognize recreational NO as a harmful product in the community.

A main priority for the retail observations
was staff safety, which is why "located in
plain sight" and mostly undisclosed
observations were conducted. The majority
of the observations were done by DHHSPublic Health and HASPI-CAN staff without law enforcement support. A notable
exception was an invaluable ride-along
from EPD in the City of Eureka when some of
the more difficult retailers were visited.

Staff disclosed the nitrous oxide
observations at 34 of the 144 retail
outlets the team visited (24%).

OBSERVATION TIMELINE
,.
' ' ' ' ' ,-

NOVEMBER
18 Retailers
Eureka Incorporated
Arcata Incorporated
Unincorporated
Humboldt

DECEMBER
20 Retailers
Unincorporated
Humboldt

JANUARY
20 Retailers
Arcata Incorporated
Trinidad Incorporated

FEBRUARY
61 Retailers
Eureka Incorporated
Fortuna Incorporated
Ferndale Incorporated
Rio Dell Incorporated

MARCH/APRIL
3 Retailers
Ferndale Incorporated
Eureka Unincorporated
Public Health and HASPI-CAN completed 144 retail observations from October 2024-April 2025. This work included observations in unincorporated and incorporated Humboldt County and did not include observations on tribal lands.

OCTOBER
22 Retailers
Unincorporated
Humboldt

RETAIL LANDSCAPE ANALYSIS
Humboldt County Overall: 24 Retail Outlets
A wide variety of recreational nitrous oxide products and paraphernalia located in plain sight were found at 24 retail outlets. This included products and paraphernalia at 18 smoke shops, three independent retail outlets, one corner market in a residential neighborhood, one culinary supply and one home goods store.

83.3%
Staff observed nitrous oxide products in
plain sight at 24 of 144 retail outlets.
18 retail outlets had crackers, canisters
and tanks. 5 of the outlets only had
crackers and canisters. l only had
canisters.

Unincorporated Humboldt County, City of Trinidad, City of Blue Lake: 7 Retail Outlets
The team visited 58 retailers in unincorporated Humboldt County and two retailers in the City of Trinidad. The City of Trinidad is included in this section because they are also under the jurisdiction of the Humboldt County Sheriff's Office (HCSO). There weren't visible NO products found at the two tobacco retailers in City of Trinidad, nor was there any anecdotal evidence that observations at any of their other retail outlets were needed. The City of Blue Lake is also under the jurisdiction of HCSO. They do not have any tobacco retailers within city limits and there was not any anecdotal evidence that any of their other retail outlets should be visited.

In contrast, throughout the unincorporated areas of Humboldt County, DH HS-Public Health found a wide variety of NO products and paraphernalia in plain sight at seven smoke shops, non-traditional tobacco retail sites and independent retail outlets. This list also includes US Store CHEF'STORE located on the safety corridor between Eureka and Arcata that sells nitrous oxide products intended for culinary use that are only sold to individuals who have a business license. Their management team estimates that requiring a business license to purchase NO products and increasing the price of their NO products ensures that at least 95% of their NO sales are used for their intended culinary purpose.

RETAIL LANDSCAPE ANALYSIS
Humboldt County Overall: 24 Retail Outlets
A wide variety of recreational nitrous oxide products and paraphernalia located in plain sight were found at 24 retail outlets. This included products and paraphernalia at 18 smoke shops, three independent retail outlets, one corner market in a residential neighborhood, one culinary supply and one home goods store.

83.3%
Staff observed nitrous oxide products in
plain sight at 24 of 144 retail outlets.
18 retail outlets had crackers, canisters
and tanks. 5 of the outlets only had
crackers and canisters. l only had
canisters.

Unincorporated Humboldt County, City of Trinidad, City of Blue Lake: 7 Retail Outlets
The team visited 58 retailers in unincorporated Humboldt County and two retailers in the City of Trinidad. The City of Trinidad is included in this section because they are also under the jurisdiction of the Humboldt County Sheriff's Office (HCSO). There weren't visible NO products found at the two tobacco retailers in City of Trinidad, nor was there any anecdotal evidence that observations at any of their other retail outlets were needed. The City of Blue Lake is also under the jurisdiction of HCSO. They do not have any tobacco retailers within city limits and there was not any anecdotal evidence that any of their other retail outlets should be visited.

In contrast, throughout the unincorporated areas of Humboldt County, DH HS-Public Health found a wide variety of NO products and paraphernalia in plain sight at seven smoke shops, non-traditional tobacco retail sites and independent retail outlets. This list also includes US Store CHEF'STORE located on the safety corridor between Eureka and Arcata that sells nitrous oxide products intended for culinary use that are only sold to individuals who have a business license. Their management team estimates that requiring a business license to purchase NO products and increasing the price of their NO products ensures that at least 95% of their NO sales are used for their intended culinary purpose.

RETAIL LANDSCAPE ANALYSIS
Humboldt County Overall: 24 Retail Outlets
A wide variety of recreational nitrous oxide products and paraphernalia located in plain sight were found at 24 retail outlets. This included products and paraphernalia at 18 smoke shops, three independent retail outlets, one corner market in a residential neighborhood, one culinary supply and one home goods store.

83.3%
Staff observed nitrous oxide products in
plain sight at 24 of 144 retail outlets.
18 retail outlets had crackers, canisters
and tanks. 5 of the outlets only had
crackers and canisters. l only had
canisters.

Unincorporated Humboldt County, City of Trinidad, City of Blue Lake: 7 Retail Outlets
The team visited 58 retailers in unincorporated Humboldt County and two retailers in the City of Trinidad. The City of Trinidad is included in this section because they are also under the jurisdiction of the Humboldt County Sheriff's Office (HCSO). There weren't visible NO products found at the two tobacco retailers in City of Trinidad, nor was there any anecdotal evidence that observations at any of their other retail outlets were needed. The City of Blue Lake is also under the jurisdiction of HCSO. They do not have any tobacco retailers within city limits and there was not any anecdotal evidence that any of their other retail outlets should be visited.

In contrast, throughout the unincorporated areas of Humboldt County, DH HS-Public Health found a wide variety of NO products and paraphernalia in plain sight at seven smoke shops, non-traditional tobacco retail sites and independent retail outlets. This list also includes US Store CHEF'STORE located on the safety corridor between Eureka and Arcata that sells nitrous oxide products intended for culinary use that are only sold to individuals who have a business license. Their management team estimates that requiring a business license to purchase NO products and increasing the price of their NO products ensures that at least 95% of their NO sales are used for their intended culinary purpose.

RETAIL LANDSCAPE ANALYSIS
Humboldt County Overall: 24 Retail Outlets
A wide variety of recreational nitrous oxide products and paraphernalia located in plain sight were found at 24 retail outlets. This included products and paraphernalia at 18 smoke shops, three independent retail outlets, one corner market in a residential neighborhood, one culinary supply and one home goods store.

83.30/o
Staff observed nitrous oxide products in
plain sight at 24 of 144 retail outlets.
18 retail outlets had crackers, canisters
and tanks. 5 of the outlets only had
crackers and canisters. l only had
canisters.

Unincorporated Humboldt County, City of Trinidad, City of Blue Lake: 7 Retail Outlets
The team visited 58 retailers in unincorporated Humboldt County and two retailers in the City of Trinidad. The City of Trinidad is included in this section because they are also under the jurisdiction of the Humboldt County Sheriff's Office (HCSO). There weren't visible NO products found at the two tobacco retailers in City of Trinidad, nor was there any anecdotal evidence that observations at any of their other retail outlets were needed. The City of Blue Lake is also under the jurisdiction of HCSO. They do not have any tobacco retailers within city limits and there was not any anecdotal evidence that any of their other retail outlets should be visited.

In contrast, throughout the unincorporated areas of Humboldt County, DHHS-Public Health found a wide variety of NO products and paraphernalia in plain sight at seven smoke shops, non-traditional tobacco retail sites and independent retail outlets. This list also includes US Store CHEF'STORE located on the safety corridor between Eureka and Arcata that sells nitrous oxide products intended for culinary use that are only sold to individuals who have a business license. Their management team estimates that requiring a business license to purchase NO products and increasing the price of their NO products ensures that at least 95% of their NO sales are used for their intended culinary purpose.

DHHS-Public Health observed cases of "Whip-it" canisters ( also referred to as chargers), other types of canisters or chargers, crackers, NO tanks in various sizes and boxed kits of canisters/chargers and crackers. "Whip-It," "Cream Charger," "Exotic Whip" and "Breaking Bad" brand NO products were available.

Location Type of Retail Outlet Products Observed
McKinleyville Smoke Shop All canisters, crackers, tanks McKinleyville Smoke Shop All canisters, crackers, tanks Ind pendent ( Glass blower
McKinleyville studio) All canisters, crackers, tanks Non-traditional tobacco retailer
Garberville Smoke Shop All canisters, crackers, tanks
Garberville Variety Store Canisters and crackers
Willow Creek Smoke Shop All canisters, crackers, tanks
Unincorporated area Whip-It brand crackers and small boxed between Eureka and Culinary/Chef Store Arcata cases of canisters
Eel River Valley (ERV): 4 Retail Outlets
DHHS-Public Health visited two retailers in Ferndale and one retailer in Scotia. DHHSPublic Health's partners from HASPI-CAN visited 25 retail outlets in Ferndale, Fortuna, and Rio Dell. A wide variety of NO products and paraphernalia located in plain sight were found at three smoke shops in Fortuna and one home goods store in Ferndale.

DHHS-Public Health and HASPI-CAN observed cases of "Whip-it" canisters, other canisters, crackers, NO tanks in various sizes and boxed kits of canisters and crackers.

NO brand products including "Whi p-lt," "Cream Charger," "Galaxy Gas," "Baking Bad," "Creative Whip" and "Breaking Bad" were found. There is an additional retail outlet in Rio Dell which community members and other retailers have disclosed may be selling nitrous products out of plain sight.

Nitrous oxide was observed at smoke shops and was not available in plain sight at other retail establishments, with the exception of a home goods store in Ferndale. The Ferndale store had a "Creative Whip" cracker and canister set, as well as replacement canisters on display behind the counter, presumably intended for home-based culinary use. A notable finding from these observations in the ERV is that recreational nitrous oxide sales were only observed in plain sight within the City of Fortuna (with the exception of Ferndale's home store). Anecdotally, community members have shared that residents from other jurisdictions in the ERV travel to the outlets in Fortuna to purchase nitrous oxide products.

Location Type of Retail Outlet Products Observed
Fortuna Smoke Shop All canisters, crackers, tanks
Fortuna Smoke Shop All canisters, crackers, tanks
Fortuna Smoke Shop All canisters, crackers, tanks
Ferndale Home Goods Packed charger and canister kit
Box of replacement canisters
Eel River Valley (ERV): 4 Retail Outlets
DHHS-Public Health visited two retailers in Ferndale and one retailer in Scotia. DHHSPublic Health's partners from HASPI-CAN visited 25 retail outlets in Ferndale, Fortuna, and Rio Dell. A wide variety of NO products and paraphernalia located in plain sight were found at three smoke shops in Fortuna and one home goods store in Ferndale.

DHHS-Public Health and HASPI-CAN observed cases of "Whip-it" canisters, other canisters, crackers, NO tanks in various sizes and boxed kits of canisters and crackers.

NO brand products including "Whip-It," "Cream Charger," "Galaxy Gas," "Baking Bad," "Creative Whip" and "Breaking Bad" were found. There is an additional retail outlet in Rio Dell which community members and other retailers have disclosed may be selling nitrous products out of plain sight.

Nitrous oxide was observed at smoke shops and was not available in plain sight at other retail establishments, with the exception of a home goods store in Ferndale. The Ferndale store had a "Creative Whip" cracker and canister set, as well as replacement canisters on display behind the counter, presumably intended for home-based culinary use. A notable finding from these observations in the ERV is that recreational nitrous oxide sales were only observed in plain sight within the City of Fortuna (with the exception of Ferndale's home store). Anecdotally, community members have shared that residents from other jurisdictions in the ERV travel to the outlets in Fortuna to purchase nitrous oxide products.

Location Type of Retail Outlet Products Observed
Fortuna Smoke Shop All canisters, crackers, tanks
Fortuna Smoke Shop All canisters, crackers, tanks
Fortuna Smoke Shop All canisters, crackers, tanks
Ferndale Home Goods Packed charger and canister kit
Box of replacement canisters

12.5%
Feedstores -
Stores/Convienience Stores -
Pharmacies -
e Observed NO Products
e No NO Observed
Home Goods - -1 -

87.5%
4 out of 28 retail outlets had recreational
nitrous oxide products in plain sight.

Smokeshops
Liquor Stores
Gas Stations
Markets/Supermarkets
Humboldt Bay Area: 13 Retail Outlets
=== ::::...... _ _ _
0 2 4 6
DHHS-Public Health visited 58 retail outlets throughout the Humboldt Bay Region, 8 which included the incorporated areas of Eureka and Arcata. Retail observations were conducted at 56 outlets; one outlet was closed for the season and one outlet had closed after a fire. DHHS-Public Health found a wide variety of NO products and paraphernalia located in plain sight at 10 smoke shops, two independent retail outlets and one neighborhood corner market in the City of Eureka. The independent outlets in Arcata include a glass blowing retailer located within easy walking distance to the Arcata Plaza and a sex shop located in close proximity to Cal Poly Humboldt and campus apartments. Of note, there are three retail outlets within walking distance of the Arcata Plaza selling NO. In the City of Eureka, a corner market in a mostly residential neighborhood, had recreational nitrous oxide products behind the counter and visible to patrons in a back room.

Retail outlets in both jurisdictions had creative and easily visible ways of displaying the nitrous oxide products, including glass cases on the counter and product packaging attached to the wall behind the cash register. Products observed included cases of "Whip-it" canisters, other canisters, crackers, NO tanks in various sizes and boxed kits of canisters and crackers. Public Health staff encountered "Whip-It," "Cream Charger" and "Master Whip" brand NO products.

Due to safety concerns, the team did not disclose the observations to the outlets in either jurisdiction, with the exception of one retailer in Arcata who openly expressed frustration about recreational nitrous oxide product sales near their store. Given additional safety considerations in Eureka, the team conducted those observations with support from EPD.

12.5%
Feedstores -
Stores/Convienience Stores -
Pharmacies -
e Observed NO Products
e No NO Observed
Home Goods - -1 -

87.5%
4 out of 28 retail outlets had recreational
nitrous oxide products in plain sight.

Smokeshops
Liquor Stores
Gas Stations
Markets/Supermarkets
Humboldt Bay Area: 13 Retail Outlets
=== ::::...... _ _ _
0 2 4 6
DHHS-Public Health visited 58 retail outlets throughout the Humboldt Bay Region, 8 which included the incorporated areas of Eureka and Arcata. Retail observations were conducted at 56 outlets; one outlet was closed for the season and one outlet had closed after a fire. DHHS-Public Health found a wide variety of NO products and paraphernalia located in plain sight at 10 smoke shops, two independent retail outlets and one neighborhood corner market in the City of Eureka. The independent outlets in Arcata include a glass blowing retailer located within easy walking distance to the Arcata Plaza and a sex shop located in close proximity to Cal Poly Humboldt and campus apartments. Of note, there are three retail outlets within walking distance of the Arcata Plaza selling NO. In the City of Eureka, a corner market in a mostly residential neighborhood, had recreational nitrous oxide products behind the counter and visible to patrons in a back room.

Retail outlets in both jurisdictions had creative and easily visible ways of displaying the nitrous oxide products, including glass cases on the counter and product packaging attached to the wall behind the cash register. Products observed included cases of "Whip-it" canisters, other canisters, crackers, NO tanks in various sizes and boxed kits of canisters and crackers. Public Health staff encountered "Whip-It," "Cream Charger" and "Master Whip" brand NO products.

Due to safety concerns, the team did not disclose the observations to the outlets in either jurisdiction, with the exception of one retailer in Arcata who openly expressed frustration about recreational nitrous oxide product sales near their store. Given additional safety considerations in Eureka, the team conducted those observations with support from EPD.

12.5% • Observed NO Products
Feedstores [
Stores/Convienience Stores [
Pharmacies -
• No NO Observed
Home Goods [[1
Smokeshops•i

87.5%
4 out of 28 retail outlets had recreational
nitrous oxide products in plain sight.

Liquor Stores
Gas Stations
Markets/Supermarkets
Humboldt Bay Area: 13 Retail Outlets
0 2 4 6
DHHS-Public Health visited 58 retail outlets throughout the Humboldt Bay Region, 8 which included the incorporated areas of Eureka and Arcata. Retail observations were conducted at 56 outlets; one outlet was closed for the season and one outlet had closed after a fire. DHHS-Public Health found a wide variety of NO products and paraphernalia located in plain sight at 10 smoke shops, two independent retail outlets and one neighborhood corner market in the City of Eureka. The independent outlets in Arcata include a glass blowing retailer located within easy walking distance to the Arcata Plaza and a sex shop located in close proximity to Cal Poly Humboldt and campus apartments. Of note, there are three retail outlets within walking distance of the Arcata Plaza selling NO. In the City of Eureka, a corner market in a mostly residential neighborhood, had recreational nitrous oxide products behind the counter and visible to patrons in a back room.

Retail outlets in both jurisdictions had creative and easily visible ways of displaying the nitrous oxide products, including glass cases on the counter and product packaging attached to the wall behind the cash register. Products observed included cases of "Whip-it" canisters, other canisters, crackers, NO tanks in various sizes and boxed kits of canisters and crackers. Public Health staff encountered "Whip-It," "Cream Charger" and "Master Whip" brand NO products.

Due to safety concerns, the team did not disclose the observations to the outlets in either jurisdiction, with the exception of one retailer in Arcata who openly expressed frustration about recreational nitrous oxide product sales near their store. Given additional safety considerations in Eureka, the team conducted those observations with support from EPD.

Location Type of Retail Outlet Products Observed
Arcata Smoke Shop All canisters, crackers, tanks
Arcata Smoke Shop All canisters, crackers, tanks
Arcata Smoke Shop All canisters, crackers, tanks
lndpendent (Glass Blower
Arcata Studio) Canisters and chargers Non-traditional tobacco retail outlet
Arcata Independent (Sex Shop) All canisters, crackers, tanks Eureka Neighborhood corner All canisters, crackers, tanks market Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Location Type of Retail Outlet Products Observed
Arcata Smoke Shop All canisters, crackers, tanks
Arcata Smoke Shop All canisters, crackers, tanks
Arcata Smoke Shop All canisters, crackers, tanks
Indpendent (Glass Blower
Arcata Studio) Canisters and chargers Non-traditional tobacco retail outlet
Arcata Independent (Sex Shop) All canisters, crackers, tanks Eureka Neighborhood corner All canisters, crackers, tanks market Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks
Eureka Smoke Shop All canisters, crackers, tanks

NITROUS OXIDE PRODUCTS IN THE HUMBOLDT BAY AREA

8.60/o
13 out of 58 retail outlets had
recreational nitrous oxide
products in plain sight.

7.6% of the stores
with NO only had
crackers and
canisters.

Store/Convience Store
Pharmacy
Independent
Liquor
Smokeshops
Market/ Su perm ark et
Gas Stations
0 e Observed NO Products
e No NO Observed
5 lO 15

84.6% of the stores with NO products
had crackers, canisters and tanks. Independent retail outlets include glass blowers, sex shops, private clubs and a variety of non-traditional tobacco retailers.

KEY FINDINGS
• Recreational nitrous oxide products are readily available and located in plain sight in 20 most jurisdictions in Humboldt County, with the exception of Trinidad, Blue Lake, Hydesville, Carlotta, Dinsmore, Myers Flat, Miranda, Piercy, Redway, Rio Dell and Scotia. • The majority of retail outlets that sell recreational nitrous oxide products are smoke shops. • Unlike other jurisdictions on the North Coast, recreational nitrous oxide products were not observed at gas stations or tattoo shops.
• Fringe stores selling nitrous oxide products included one neighborhood corner market in a residential area, one glass blowing shop and one sex shop. • Throughout Humboldt County, recreational nitrous oxide products are available in close proximity to school sites and other youth-serving organizations. • The retail outlets selling nitrous oxide also have a variety of flavored nicotine and tobacco products on their shelves.
• The community, including retailers, have anecdotally shared that other retailers are Ii kely selling NO in back rooms or behind closed doors.
• Throughout Humboldt County, there are retail outlets with a wide variety of unregulated psychoactive products containing Kratom, psilocybin, stimulants and male-enhancing compounds. There are also a wide variety of flavored and unflavored CBD products. These products are found throughout the retail landscape and are not limited to the retail outlets that also sell nitrous oxide products.

NITROUS OXIDE PRODUCTS IN THE HUMBOLDT BAY AREA

8.60/o
13 out of 58 retail outlets had
recreational nitrous oxide
products in plain sight.

7.6% of the stores
with NO only had
crackers and
canisters.

Store/Convience Store
Pharmacy
Independent
Liquor
Smokeshops
Market/ Su perm ark et
Gas Stations
0 e Observed NO Products
e No NO Observed
5 lO 15

84.6% of the stores with NO products
had crackers, canisters and tanks. Independent retail outlets include glass blowers, sex shops, private clubs and a variety of non-traditional tobacco retailers.

KEY FINDINGS
• Recreational nitrous oxide products are readily available and located in plain sight in 20 most jurisdictions in Humboldt County, with the exception of Trinidad, Blue Lake, Hydesville, Carlotta, Dinsmore, Myers Flat, Miranda, Piercy, Redway, Rio Dell and Scotia. • The majority of retail outlets that sell recreational nitrous oxide products are smoke shops. • Unlike other jurisdictions on the North Coast, recreational nitrous oxide products were not observed at gas stations or tattoo shops.
• Fringe stores selling nitrous oxide products included one neighborhood corner market in a residential area, one glass blowing shop and one sex shop. • Throughout Humboldt County, recreational nitrous oxide products are available in close proximity to school sites and other youth-serving organizations. • The retail outlets selling nitrous oxide also have a variety of flavored nicotine and tobacco products on their shelves.
• The community, including retailers, have anecdotally shared that other retailers are Ii kely selling NO in back rooms or behind closed doors.
• Throughout Humboldt County, there are retail outlets with a wide variety of unregulated psychoactive products containing Kratom, psilocybin, stimulants and male-enhancing compounds. There are also a wide variety of flavored and unflavored CBD products. These products are found throughout the retail landscape and are not limited to the retail outlets that also sell nitrous oxide products.

NITROUS OXIDE PRODUCTS IN THE HUMBOLDT BAY AREA

8.60/o
13 out of 58 retail outlets had
recreational nitrous oxide
products in plain sight.

7.6% of the stores
with NO only had
crackers and
canisters.

Store/Convience Store
Pharmacy
Independent
Liquor
Smokeshops
Market/Supermarket
Gas Stations
• Observed NO Products
• No NO Observed
0 5 lO 15

84.6% of the stores with NO products
had crackers, canisters and tanks. Independent retail outlets include glass blowers, sex shops, private clubs and a variety of non-traditional tobacco retailers.

KEY FINDINGS
• Recreational nitrous oxide products are readily available and located in plain sight in 20 most jurisdictions in Humboldt County, with the exception of Trinidad, Blue Lake, Hydesville, Carlotta, Dinsmore, Myers Flat, Miranda, Piercy, Redway, Rio Dell and Scotia. • The majority of retail outlets that sell recreational nitrous oxide products are smoke shops. • Unlike other jurisdictions on the North Coast, recreational nitrous oxide products were not observed at gas stations or tattoo shops.
• Fringe stores selling nitrous oxide products included one neighborhood corner market in a residential area, one glass blowing shop and one sex shop. • Throughout Humboldt County, recreational nitrous oxide products are available in close proximity to school sites and other youth-serving organizations. • The retail outlets selling nitrous oxide also have a variety of flavored nicotine and tobacco products on their shelves.
• The community, including retailers, have anecdotally shared that other retailers are likely selling NO in back rooms or behind closed doors.
• Throughout Humboldt County, there are retail outlets with a wide variety of unregulated psychoactive products containing Kratom, psilocybin, stimulants and male-enhancing compounds. There are also a wide variety of flavored and unflavored CBD products. These products are found throughout the retail landscape and are not limited to the retail outlets that also sell nitrous oxide products.

KEY FINDINGS CONTINUED
• Four retail outlets are selling recreational nitrous oxide located in plain sight within 500 feet of a school site or youth-serving facility or recreational site, including • Prime Montessori, Fortuna
• McKinleyville Family Resource Center, McKinleyville
• Arcata Library, Arcata
• Redwood Discovery Musuem, Eureka
• Five retail outlets are selling recreational nitrous oxide located in plan sight within 1,000 feet of a school site or youth-serving facility, including • Cal Poly Campus Apartment, Arcata
• St. Bernards Academy, Eureka
• Sonoma Street Head Start, Eureka
• Willow Creek Library, Willow Creek
• Garberville Library, Garberville
• Three retail outlets within walking distance of the Arcata Plaza.

NITROUS OXIDE RADIUS FROM SCHOOLS AND YOUTH-SERVING PROVIDERS Two youth facilities in Eureka near a
location where nitrous oxide is
openly sold.

Redwood Discovery Museum in
Eureka within 500 feet of where
nitrous oxide is openly sold.

School in Eureka within 1,000 feet of Library in Garberville within where nitrous oxide is openly sold. 1,000 feet of where nitrous oxide is openly sold.

NITROUS OXIDE RADIUS FROM SCHOOLS AND YOUTH-SERVING PROVIDERS College campus apartments in
Arcata within 750 feet of where
nitrous oxide is openly sold.

Two schools in Fortuna near a location
where nitrous oxide is openly sold.

Plaza in Arcata within
500 feet where nitrous
oxide is openly sold.

Library in Arcata within
500 feet of where
nitrous oxide is openly
sold.

Plaza in Arcata within
500 feet where nitrous
oxide is openly sold.

Youth facility in McKinleyville
within 500 feet of where
nitrous oxide is openly sold.

Two schools in McKinleyville near where nitrous oxide
is openly sold.

Legend
These images are
from Google Maps.

Color is used to
highlight locations
on the map.
'Pinpoint to designate
which building is a youthorientated facility.

POLICY CONSIDERATIONS
Humboldt County is working on a unified policy approach between unincorporated Humboldt County and city jurisdictions.
• On May 6, 2025, the Humboldt Board of Supervisors voted unanimously to approve a standalone NO ordinance and amend the existing countywide Tobacco Retail Licensing ordinance to include a nitrous oxide sales ban clause. Both the ordinance and amendment were adopted at the June 3, 2025, BOS meeting and will be enacted on July 3, 2025.
• The DHHS-Public Health team and partners are preparing to present at local City Council meetings about this analysis and the county's nitrous oxide policy work. • It is important to support Tribal partners and communities in their efforts where appropriate as community partners.

CONCLUSION
The Humboldt community recently learned that problematic use of recreational nitrous oxide products can lead to tragic consequences for local community members and families. It has long been recognized by many that recreational nitrous oxide use is a significant issue that impacts the health and well-being of our community. While it may be difficult to produce data related to recreational nitrous oxide use, the retail landscape analysis shows that access to these products is an issue throughout many local jurisdictions.

In a recent "LoCO Pollz" on June 3, 2025, community members were asked "Do you think that Humboldt Governments Should Ban Nitrous Oxide Sales?" 1,881 community members responded to the poll, and 67% selected this response: "Yes. The environmental nuisance caused by all the discarded little whip-it canisters is one thing.

More concerning is the rise in people negatively affecting their health because of their addiction to the high nitrous oxide provides. This is the right move." For more information on the DHHS-Public Health team's ongoing work with local policymakers and our community partners on recreational nitrous oxide sales, please email [email protected]. or call 707-268 2132.

POLICY CONSIDERATIONS
Humboldt County is working on a unified policy approach between unincorporated Humboldt County and city jurisdictions.
• On May 6, 2025, the Humboldt Board of Supervisors voted unanimously to approve a standalone NO ordinance and amend the existing countywide Tobacco Retail Licensing ordinance to include a nitrous oxide sales ban clause. Both the ordinance and amendment were adopted at the June 3, 2025, BOS meeting and will be enacted on July 3, 2025.
• The DHHS-Public Health team and partners are preparing to present at local City Council meetings about this analysis and the county's nitrous oxide policy work. • It is important to support Tribal partners and communities in their efforts where appropriate as community partners.

CONCLUSION
The Humboldt community recently learned that problematic use of recreational nitrous oxide products can lead to tragic consequences for local community members and families. It has long been recognized by many that recreational nitrous oxide use is a significant issue that impacts the health and well-being of our community. While it may be difficult to produce data related to recreational nitrous oxide use, the retail landscape analysis shows that access to these products is an issue throughout many local jurisdictions.

In a recent "LoCO Pollz" on June 3, 2025, community members were asked "Do you think that Humboldt Governments Should Ban Nitrous Oxide Sales?" 1,881 community members responded to the poll, and 67% selected this response: "Yes. The environmental nuisance caused by all the discarded little whip-it canisters is one thing.

More concerning is the rise in people negatively affecting their health because of their addiction to the high nitrous oxide provides. This is the right move." For more information on the DHHS-Public Health team's ongoing work with local policymakers and our community partners on recreational nitrous oxide sales, please email publichealthaodeco.humboldt.ca. or call 707-268 2132.

SOURCES
l.Alcohol and Drug Foundation (March 7, 2025). Nitrous oxide.

2.California Department of Education (2023). California HealthY- Kids Survey_;_ Humboldt CountY- secondarY- reP-ort, 2021-2023. WestEd.

3. Humboldt County Department of Health & Human Services (2021). Your thoughts on substance use in Humboldt: SurveY- reP-ort 2021.

4. Lost Coast Outpost (July 8, 2024). DUI susP-ect in fatal Eureka collision admitted to using nitrous before driving, saY-s EPD. Lost Coast Communications.

5. Lost Coast Outpost (June 3, 2025). LoCo Pollz: POLL! Do Y-OU think Humboldt governments should ban nitrous oxide sales?

6.Zaloum, S. A., Mair, D., Paris, A., Smith, L. J., Patyjewicz, M., Onen, B. L., & Noyce, A. J. (2025). Tackling the growing burden of nitrous oxide-induced P-ublic health harms.

The Lancet Public Health, 10(2), e83-e9l.

SOURCES

1.Alcohol and Drug Foundation (March 7, 2025). Nitrous oxide.

2. California Department of Education (2023). California Healthy Kids Survey:

Humboldt County secondary report, 2021-2023. WestEd.

3. Humboldt County Department of Health & Human Services (2021). Your thoughts on substance use in Humboldt: Survey report 2021.

4.Lost Coast Outpost (July 8, 2024). DUI suspect in fatal Eureka collision admitted to using nitrous before driving, says EPD. Lost Coast Communications.

5.Lost Coast Outpost (June 3, 2025). LoCo Pollz: POLL! Do you think Humboldt governments should ban nitrous oxide sales?

6.Zaloum, S. A., Mair, D., Paris, A., Smith, L. J., Patyjewicz, M., Onen, B. L., & Noyce, A. J. (2025). Tackling the growing burden of nitrous oxide-induced public health harms.

The Lancet Public Health, 10(2), e83-e91.

Recreational nitrous oxide (NO or whippets) use is a significant health and wellness concern in many areas of Humboldt County. In the 2021, “Your Thoughts on Substance Use in Humboldt County” survey, young people and community members highlighted that nitrous oxide misuse and litter should be a priority area for Public Health’s substance use prevention work.

NITROUS OXIDE (NO) RETAIL LANDSCAPE ANALYSIS:

HUMBOLDT COUNTY EEL RIVER VALLEY
In January 2024, the Board of Supervisors
directed the DHHS-Public Health Branch to
address retail sales of recreational nitrous
oxide through education and policy
approaches. In June 2024, Public Health’s
Substance Use Prevention program was
awarded funding from the Department of
Health Care Services Substance Use Block
Grant Primary Prevention Services grant to
work on recreational nitrous oxide
education and prevention activities
throughout Humboldt County from 2024
through 2028.

Nitrous oxide “whippet” cannister
litter found at the mouth of the Van
Duzen River near Alton.

DHHS-Public Health’s Substance Use Prevention team conducted a retail landscape analysis from October 2024 through April 2025 to gain an understanding of where recreational nitrous oxide is being sold in Humboldt.

Public Health and key partners from the Health & Social Policy InstituteCommunities Addressing Nicotine (HASPI-CAN) completed the Eel River Valley (ERV) observations. The work was focused primarily at tobacco and vaping retail outlets, including smoke shops, and was expanded as needed to independent shops (aka fringe stores) that could also be selling nitrous oxide products. DHHS-Public Health and HAPSI-CAN completed 28 visits to retail outlets throughout the ERV, including Ferndale, Fortuna, Rio Dell and Scotia.

More information about the landscape analysis in other regions of Humboldt County can be found in the “Humboldt Bay Region, City of Arcata and City of Eureka” and “Unincorporated Humboldt County and City of Trinidad” Nitrous Oxide (NO) Retail Landscape Analysis reports.

Nitrous oxide was observed at smoke shops and was not available in plain sight at other retail establishments, with the exception of the store in Ferndale. The Ferndale store had a “Creative Whip” cracker and canister set, as well as replacement canisters on display behind the counter, presumably intended for home-based culinary use. A notable finding from these observations was recreational nitrous oxide products were only observed in plain sight within the City of Fortuna (with the exception of Ferndale’s home store) in the ERV. Anecdotally, community members have shared that residents from other jurisdictions in the ERV travel to the outlets in Fortuna to purchase nitrous oxide products. The majority of the observations were undisclosed. The “located in plain sight” NO observations were only disclosed to a small handful of retailers (roughly 8%) where partners from HASPI-CAN or Public Health staff have established relationships and/or felt safe to have these conversations.

A wide variety of NO products and paraphernalia located in plain sight were found at three smoke shops in Fortuna and one home goods store in Ferndale. This includes cases of “Whip-it” canisters, other canisters, crackers, NO tanks and boxed kits of canisters and crackers. NO brand products including “Whip-It,” “Cream Charger,” “Galaxy Gas,” “Baking Bad,” “Creative Whip” and “Breaking Bad” were found. There is an additional retail outlet in Rio Dell which community members and other retailers have disclosed may be selling nitrous products out of plain sight.

For more information about the Substance Use Prevention program, call Public Health’s Healthy Communities Division at 707-268-2132 or visit humboldtgov.org/SUP.

Proper Age Identification
to Prevent Selling to Youth
STAKE Act Signage
Requirement
Federal
Law
State
Law
Local
Law
Laws and Provisions
That Are Checked
The Humboldt County Board of Supervisors enacted a Tobacco Retail Licensing (TRL) Ordinance on July 11, 2023, for unincorporated Humboldt County. The purpose of this ordinance is to reduce the availability of tobacco for youth in the community and enforce local, state and federal tobacco laws.

Below are the laws that the TRL helps enforce among the community. If you have questions, please email [email protected] Tobacco License Properly
Displayed
Flavored Tobacco/Nicotine
Products
Proper Cigarette Package and
Tax Stamps
Not Selling Tobacco Products
Online or Through Delivery
Services
Federal
Law
State
Law
Local
Law
Laws and Provisions
That Are Checked
No Self Service or Vending
Machine for Tobacco or Nicotine
Products
No Discounts or Coupons
Accepted
Prices Displayed on All Tobacco
and Nicotine Products
Products Not Openly
Accessible to Customers/Public
Density: 1 retailer for every
2,500 among the Population
Proximity: Tobacco Retailer Not
Located within 500 ft of a Youth
Facility or Another Retailer
Store Type: Tobacco Retailer is
not a Cannabis Dispensary or
Pharmacy
License Transferability: License
transferred from parent, child,
spouse or domestic partner