Meeting Agenda
Monday, March 2, 2026 at 6:00 pm
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID 868 0614 2326 Password 060315 • 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
• City Clerk Siana L. Emmons
1. 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
2. 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.
PRESENTATIONS/PROCLAMATIONS
a. Sunshine Week Proclamation
3. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – February 2, 2026 (Regular Meeting) b. Report of Disbursements
c. Receive and File Assembly Bill 2561 Status and Vacancies Report Review and Approve Mayor’s Recommendation of Appointee to the Park Commission
d.
4. CITY COUNCIL BUSINESS
Public Hearing for Second Reading and Adoption of Amendments to Title 17, Zoning Regulations, Ordinance 2026-782
a.
Approve a Hiring Freeze Exception for a Community Development Director/ City Engineer
b.
Approve Two Purchase and Sale Agreements for Acquisition of 7.2 Acres at 1320 Riverwalk Drive and Approximately 236 Acres in the Eel River Corridor; Adoption of Related CEQA Findings; Resolutions 2026-04 and 2026-05 c.
Approve a Zoning Map Amendment for Assessor’s Parcel Number 040-172-009 from Retail Commercial to Commercial Thoroughfare, and Find the Project Exempt from the California Environmental Quality Act, Ordinance 2026-783
d.
Approve a Hiring Freeze Exception for a Part-Time/On-Call Public Safety Dispatcher
e.
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. 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.
8. Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 02/26/ 2026 at 2:59 PM
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.
ADJOURN
Pursuant to Government Code Section 54957.5, any non-confidential documents or writings that the City distributes, less than 72 hours before a regular meeting, to all or a majority of the legislative body's members must be made available to members of the public at the same time as the distribution. Documents and information related to the agenda topics are available for review at City Hall, 621 11th Street, between the hours of 8:00 AM to 5:00 PM. Members of the public are invited to come to the meeting and comment. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (707) 725-7600. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
9. of the Fortuna City Council
in Recognition of
Sunshine Week
March 15
th – 21st, 2026
WHEREAS, Sunshine Week is a national initiative to start dialogue on the importance of open government and the freedom of information; and
WHEREAS, Sunshine Week is a non-partisan initiative whose supporters are conservative, liberal and from every group in between. Sunshine Week participants include print, broadcast and online news media, civic groups, libraries, non-profits, schools and others interested in the public’s right to know; and WHEREAS, James Madison, the father of our federal Constitution, wrote that “consent of the governed” requires that the people be able to “arm themselves with the power which knowledge gives”; and WHEREAS, an open government is vital to establishing and maintaining the people’s trust in their government and in the government’s ability to serve the people effectively. The free flow of information keeps government processes honest and robust. Sunshine Week empowers people to play an active role in their government at all levels and strengthens their access to information that makes their lives better and their communities stronger; and
WHEREAS, protecting every person’s right to access public records and government meetings is a high priority; and
WHEREAS the League of Women Voters of Humboldt County supports the goals of Sunshine Week. The League provides our residents with non-partisan education through public forums, publications and presentations, assists with voter registration and encourages participation in government.
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of Fortuna hereby names March 15-21, 2026, as SUNSHINE WEEK and encourages all residents to educate themselves about government processes that affect their lives.
SIGNED this 2
nd day of March 2026 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
Mayor Mike Johnson, City of Fortuna
Meeting Agenda
Minutes
Monday, February 2, 2026 at 6:00 pm
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID 853 5682 5135 Password 503586 • 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 pm and led the flag salute.
ROLL CALL: Council Member Conley - Absent, Council Member Diaz - Present, Council Member Stevens - Present, Mayor Pro Tem Trent - Present, Mayor Johnson - Present
1. PRESENTATIONS / PROCLAMATIONS
Annual Measure E Report Presented by Measure E Committee Chair Sue Long
Minutes:
Measure E Committee Chair Sue Long presented the annual Measure E report. a.
FY 2025-26 Mid-Year Budget Review Presented by Finance Director Aaron Felmlee
Minutes:
Finance Director Aaron Felmlee presented the Fiscal Year 2025-26 Mid-Year budget.
b.
2. 3. ORAL COMMENTS FROM THE PUBLIC
Minutes:
PUBLIC COMMENT: There being no public comments, Mayor Johnson closed the public comment section.
CONSENT CALENDAR
Minutes:
PUBLIC COMMENT: There being no public comment, Mayor Johnson closed the public comment section.
CITY COUNCIL ACTION: Council Member Diaz moved, seconded by Mayor Pro Tem Trent, to approve the consent calendar. AYES: Council Member Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Conley MOTION CARRIED: 4/0
City Council Minutes – 01-20-2026, (Special Meeting 5pm) and 01-20-2026 (Special Meeting 6pm)
a.
b. Report of Disbursements
Revise Measure E Committee Bylaws - Meeting Date Schedule, Resolution 2026-01
c.
Review and Approve Mayor’s Recommendation of Appointee to the Historical Commission and Park Commission
d.
Authorize the City Manager to Negotiate Professional Services Contracts with GHD, SHN, Ontiveros & Associates, Whitchurch Engineering, and Shobe Engineering to Provide Various On-Call Consulting Services e.
Approval of EV Charging Station MOU and Lease Agreement with Redwood Coast Energy Authority and Associated Utility Easement Agreement with PG&E
f.
4. CITY COUNCIL BUSINESS
Second Reading and Adoption of Ordinance 2026-781 Amendments to the Fortuna Zoning Map
Minutes:
STAFF REPORT: Senior Planner Michelle Nielsen from Planwest Partners Inc. provided a staff report on Ordinance 2026-781, amendments to the Fortuna Zoning Map.
PUBLIC COMMENT: There being no comments from the public, Mayor Johnson closed the public comment section.
CITY COUNCIL ACTION: Council Member Diaz moved, seconded by Mayor Pro Tem Trent to hold a second reading and adopt Ordinance 2026-781, An Ordinance of the City Council of the City of Fortuna Certifying Compliance with the California Environmental Quality Act, and Amending Section 17.302.030 of the Municipal Code (Zoning Map) to Implement General Plan Land Use Amendments and the Mill District Specific Plan. Roll call vote. AYES: Council Members Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Conley MOTION CARRIED 4/0. a.
Public Hearing: Consideration of the Approval of the Permanent Local Housing Allocation Joint Participation Agreement to Allow Full Delegation of the City of Fortuna’s 2022 and 2023 Allocation of the (PLHA) Funds to the b.
5. County of Humboldt
Minutes:
Senior Planner Katey Schmidt provided a staff report on the Permanent Local Housing Allocation Joint Participation agreement.
PUBLIC COMMENT: Oroville Garrison.
There being no additional public comment, Mayor Johnson closed the public comment section.
Mayor Pro Tem Trent moved, seconded by Council Member Diaz to adopt Resolution 2026-02, a Resolution of the City Council of the City of Fortuna Authorizing an Agreement Between the County of Humboldt and the City of Fortuna, for Joint Participation in the Permanent Local Housing Allocation Funding Program for Fiscal Years 2021-2023, and to Delegate the County of Humboldt as the Administering Local Government for the Program. Roll Call vote. AYES: Council Member Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Conley MOTION CARRIED: 4/0
Public Hearing: Introduction and First Reading of Ordinance 2026-782 Amendments to Title 17, the Zoning Regulations
Minutes:
STAFF REPORT: Senior Planner Michelle Nielsen from Planwest Partners Inc. provided a staff report on Ordinance 2026-782 amendments to Title 17, the Zoning regulations. PUBLIC COMMENT: There being no comments from the public, Mayor Johnson closed the public comment section. CITY COUNCIL ACTION: Council Member Diaz moved, seconded by Mayor Pro Tem Trent to introduce and conduct the first reading of Ordinance 2026-782, An Ordinance of the City Council of the City of Fortuna Certifying Compliance with the California Environmental Quality Act, and Amending Title 17 (The Zoning Regulations) of the Fortuna Municipal Code to Comply with State Law for Accessory Dwelling Units and Junior Accessory Dwelling Units and continue the public hearing to the next regular meeting for the second reading and adoption. Roll call vote. AYES: Council Member Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Conley MOTION CARRIED: 4/0
c.
Fortuna Transit Operations and Alternatives
Minutes:
Parks & Recreation Director Kaylyn Stainbrook provided a staff report on the Fortuna transit operations.
PUBLIC COMMENT: Katy Garrison
There being no additional public comment, Mayor Johnson closed the public comment section.
Council Member Diaz moved, seconded by Mayor Pro Tem Trent to authorize Option B, for City staff to begin the process to open same-day transit services to the general public, open recruitment for a full-time, salaried Transit Supervisor, approve RideCo application services and call center contract, and request staff report back with progress in FY 27-28. Roll call vote. AYES:
d.
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Council Member Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES:
None ABSTAIN: None ABSENT: Council Member Conley MOTION CARRIED:
4/0
CITY MANAGER’S REPORT
Minutes:
City Manager Amy Nilsen provided a verbal report.
6. FUTURE AGENDA ITEMS
Minutes:
None.
7. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
b. Council Member Carlos Diaz
c. Council Member Abe Stevens
d. Mayor Pro Tem Tami Trent
e. Mayor Mike Johnson
8. ADJOURN
Minutes:
Mayor Pro Tem Trent moved, seconded by Council Member Diaz to adjourn the meeting at 7:23 pm. MOTION CARRIED: 4/0
9. Consent Agenda Item 4b
STAFF REPORT
Consent Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Report of Disbursements
STAFF RECOMMENDATION:
Receive staff report of disbursements that were processed for the City of Fortuna and the Successor Agency (Fortuna Redevelopment Agency) if applicable, as an informational item only.
REPORT OF DISBURSEMENTS:
Disbursement was processed as follows:
February 4, 2026 $328,527.41
February 11, 2026 $463,515.80
February 18, 2026 $418,027.80
February 26, 2026 $93,064.47
RECOMMENDED COUNCIL ACTION:
Informational Item. Receive report by Consent Agenda vote.
ATTACHMENTS:
• Disbursements Detail Report for February 4, 2026
• Disbursements Detail Report for February 11, 2026
• Disbursements Detail Report for February 18, 2026
• Disbursements Detail Report for February 26, 2026
Amount
84152 02/04/2026 MISSION LINEN INDUS SERV 525367910 Paper Towels - River Lodge 38.61 2/4/2026 10:54:39 AM Page 1 of 5
84152 02/04/2026 MISSION LINEN INDUS SERV 525362717 Wastewater Linen Service 70.59 84152 02/04/2026 MISSION LINEN INDUS SERV 525362727 Parks/Rink Linen Service 99.25 84152 02/04/2026 MISSION LINEN INDUS SERV 525367873 Paper Towels - WWTP 67.35 84151 02/04/2026 MIRANDA'S RESCUE 020126 Animal Rescue Services FY 25/26 800 84152 02/04/2026 MISSION LINEN INDUS SERV 525362716 Corp Yard Linen Service 61.13 84152 02/04/2026 MISSION LINEN INDUS SERV 525362716 Corp Yard Linen Service 59.45 84150 02/04/2026 MICROBAC LABORATORIES INC 186384 Lab Testing 453 84150 02/04/2026 MICROBAC LABORATORIES INC 186436 Lab Testing 816 84150 02/04/2026 MICROBAC LABORATORIES INC 186483 Lab Testing 377 84149 02/04/2026 MERCER FRASER COMPANY 118251 Sidewalk/Valve Box Repair 369.23 84149 02/04/2026 MERCER FRASER COMPANY 118251 Sidewalk/Valve Box Repair 369.24 84149 02/04/2026 MERCER FRASER COMPANY 118252 Aggregate Base - Utilities 674.3 84148 02/04/2026 MENDES SUPPLY INC M290033 Mop Heads - Parks/Monday Club 15.05 84149 02/04/2026 MERCER FRASER COMPANY 118202 Aggregate Base/Cold Mix - Utilities 2008.84 84149 02/04/2026 MERCER FRASER COMPANY 118250 Emulsion Oil 164.25 84147 02/04/2026 GROCERY OUTLET 012626 Puppy Food/Detergent - Kennel 25.33 84148 02/04/2026 MENDES SUPPLY INC M290013 Can Liners/Toilet Seat Covers - Parks 572.6 84148 02/04/2026 MENDES SUPPLY INC M290033 Mop Heads - Parks/Monday Club 30.09 84146 02/04/2026 FREEDOM FUEL 1014333 Equipment Fuel 38.44 84146 02/04/2026 FREEDOM FUEL 1014342 Equipment Fuel 48.81 84146 02/04/2026 FREEDOM FUEL 1014360 Equipment Fuel 13.64 84144 02/04/2026 FORTUNA ACE HARDWARE 403529 Sctoch Extreme Tape - WWTP 14.22 84145 02/04/2026 FORTUNA CHAMBER OF COMMERCE 300 Annual Chamber Dinner Tickets 190 84146 02/04/2026 FREEDOM FUEL 1014238 Equipment Fuel 28.44 84144 02/04/2026 FORTUNA ACE HARDWARE 403441 Nylon Wheel Brush - WWTP 35.02 84144 02/04/2026 FORTUNA ACE HARDWARE 403504 Tools/Janitorial Supplies - Parks 44.65 84144 02/04/2026 FORTUNA ACE HARDWARE 403504 Tools/Janitorial Supplies - Parks 20.4 84143 02/04/2026 FORBUSCO LUMBER 43708 Lumber/Post/Screws - WWTP -15 84144 02/04/2026 FORTUNA ACE HARDWARE 403316 Drill/Pliers/Screwdriver/Janitorial - WWTP 35.01 84144 02/04/2026 FORTUNA ACE HARDWARE 403316 Drill/Pliers/Screwdriver/Janitorial - WWTP 276.57 84143 02/04/2026 FORBUSCO LUMBER 42857 Museum ADA Ramp Repair Supplies 148.83 84143 02/04/2026 FORBUSCO LUMBER 42857 Museum ADA Ramp Repair Supplies -10.33 84143 02/04/2026 FORBUSCO LUMBER 43708 Lumber/Post/Screws - WWTP 216.41 84140 02/04/2026 EUREKA OXYGEN CO A 718980 Disc Flaps/Wheelcow - WWTP 565.17 84141 02/04/2026 EUREKA READY MIX CO 107151 Shortload Mix - Utilities 431.14 84142 02/04/2026 FERGUSON WATERWORKS #3011 1351198-1 6' Cable - Utilities 30.46 84138 02/04/2026 CORPORATE CREDIT INC 2024-CFK-001 Kenmar Tesla Battery Overpayment Refund 242884.38 84139 02/04/2026 COUNTY OF HUMBOLDT 013126 January Parking Fees 14 84139 02/04/2026 COUNTY OF HUMBOLDT 013126 January Parking Fees 30 84135 02/04/2026 CITY OF FERNDALE 013126 January Parking Fees 57.2 84136 02/04/2026 CODE PUBLISHING COMPANY GCI0019283 Municipal Code Update 122.5 84137 02/04/2026 COLLINGS, LUPITA 102725 Monday Club Deposit Refund 500 84133 02/04/2026 BODYWORKS 020126 February Gym Memberships 20 84133 02/04/2026 BODYWORKS 020126 February Gym Memberships 20 84134 02/04/2026 CHARLTON, GABE 011826 Per Diem 2.9 - 2.11 (Training Manger Course) 258 84133 02/04/2026 BODYWORKS 020126 February Gym Memberships 80 84133 02/04/2026 BODYWORKS 020126 February Gym Memberships 20 84133 02/04/2026 BODYWORKS 020126 February Gym Memberships 60 84132 02/04/2026 BALDWIN, BLOMSTROM, WILKINSON & ASSOC 4084 Barney Street Tree Assessment Service 672.75 84133 02/04/2026 BODYWORKS 020126 February Gym Memberships 20 84133 02/04/2026 BODYWORKS 020126 February Gym Memberships 20 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 2/1/2026 - 2/4/2026
Payment Number Payment DateVendor Name Payable Number Description (Item) 84123 02/02/2026 POSTMASTER 020126 Utility Billing Postage 1.31.26 852.07 84123 02/02/2026 POSTMASTER 020126 Utility Billing Postage 1.31.26 852.07 Amount
84166 02/04/2026 SWRCB 012826 Operator Cert Renewal Application - J Jones 274 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 54.52 2/4/2026 10:54:39 AM Page 2 of 5
84163 02/04/2026 SHAPE INC 60574B47801 Sludge Pump Gear Motor - WWTP 6057.93 84164 02/04/2026 STAPLES BUSINESS CREDIT 7674061726 Staples/Batteries/Tape - City Hall 71.03 84165 02/04/2026 SWARCO MCCAIN INC PB3561 Streetlight Timing Conversions 1485 84160 02/04/2026 QUENCH USA INC INV10221521 Public Works Water System FY 25/26 28.47 84161 02/04/2026 REMIF IN-006706 Semi-Annual Deductible 2873 84162 02/04/2026 ROCHA'S AUTOMOTIVE INC 47286 Turbocharger Repair - PD 4992.72 84160 02/04/2026 QUENCH USA INC INV10221518 Parks Water System Service FY 25/26 42.71 84160 02/04/2026 QUENCH USA INC INV10221521 Public Works Water System FY 25/26 28.48 84160 02/04/2026 QUENCH USA INC INV10221521 Public Works Water System FY 25/26 28.47 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 411.02 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01262987 61444662987 42.24 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01264490 91564484490 37.76 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 4596.02 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 18180.57 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 4102.95 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 1885.92 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 187.98 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 347.88 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260527 59188610527 816.59 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 2476.26 84159 02/04/2026 PACIFIC GAS & ELECTRIC CO 01260845 46580260845 378.52 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 357118 Heater Core - General Services 97.15 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 357738 Brake Pads - PD 52.12 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 357859 Ratchet Pad Spread - PD 63.5 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 356794 Fuel Cleaner - PD 223.25 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 356970 Fuel Filter - WWTP 81.95 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 357025 Evap Core - General Services 147.26 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 347071 Credit Compressor/Brakes/Plugs/Sensor -605.86 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 348217 O'Reilly Def - Transit 50.15 84158 02/04/2026 O'REILLY AUTOMOTIVE STORE 356790 Engine Treatment - PD 60.17 84157 02/04/2026 OPTIMUM FEB26CH CH/PD/PW Wifi Service FY 25/26 58.34 84157 02/04/2026 OPTIMUM FEB26PO Park/Rodeo Grounds Wifi Service FY 25/26 235.87 84157 02/04/2026 OPTIMUM FEB26RL River Lodge Wifi Service Fy 25/26 211.43 84157 02/04/2026 OPTIMUM FEB26CH CH/PD/PW Wifi Service FY 25/26 58.33 84157 02/04/2026 OPTIMUM FEB26CH CH/PD/PW Wifi Service FY 25/26 58.34 84157 02/04/2026 OPTIMUM FEB26CH CH/PD/PW Wifi Service FY 25/26 58.34 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6505 3495 Rohnerville Rd Engineering Services 237.5 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6507 Luster Angel Heights Lot Line Adj 95 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6507 Luster Angel Heights Lot Line Adj 95 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6487 Kenmar Subdivision Engineering Services 475 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6504 Gulliksen Subdivision Phase 4/5 Surveyor 570 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6505 3495 Rohnerville Rd Engineering Services 142.5 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6459 Luster Angel Heights Lot Line Adj 712.5 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6459 Luster Angel Heights Lot Line Adj 997.5 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6487 Kenmar Subdivision Engineering Services 95 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6452 Gulliksen Subdivision Phase 4/5 Engineering Srvs 712.5 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6453 3495 Rohnerville Rd Engineering Services 142.5 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6453 3495 Rohnerville Rd Engineering Services 332.5 84154 02/04/2026 NILSEN, AMY 012826 Per Diem/Mileage 1.21 - 1.22 (Rural Econ Exchange) 769.92 84155 02/04/2026 NORMAN'S DRY CLEANERS 26022-095-A River Lodge Linen Service 30 84156 02/04/2026 ONTIVEROS & ASSOCIATES IN 6452 Gulliksen Subdivision Phase 4/5 Engineering Srvs 380 84153 02/04/2026 NAPA AUTO PARTS FORTUNA 94228 Wheel Chocks - General Services 121.04 84153 02/04/2026 NAPA AUTO PARTS FORTUNA 94360 Brakes - PD 124.98 84153 02/04/2026 NAPA AUTO PARTS FORTUNA 94365 Brake Pad Exchange - PD 16.6 84152 02/04/2026 MISSION LINEN INDUS SERV 525369799 River Lodge Linen Service 28.1 84152 02/04/2026 MISSION LINEN INDUS SERV 525383131 Paper Towels - Parks 488.59 84153 02/04/2026 NAPA AUTO PARTS FORTUNA 94210 Filters - WWTP 45.88 Expense Approval Report Payment Dates: 2/1/2026 - 2/4/2026 Payment Number Payment DateVendor Name Payable Number Description (Item) 84152 02/04/2026 MISSION LINEN INDUS SERV 525369799 River Lodge Linen Service 32.75 Amount
84171 02/04/2026 WYCKOFF'S 199794 Plumbing Repair Supplies - WWTP 291.58 84171 02/04/2026 WYCKOFF'S 199838 Coupling/Adapter - WWTP 27.32 Grand Total: 328527.41
2/4/2026 10:54:39 AM Page 3 of 5
84171 02/04/2026 WYCKOFF'S 199128 Couplings/Nipple - Utilities 156.29 84171 02/04/2026 WYCKOFF'S 199433 Toilet - Park Restroom 245.7 84171 02/04/2026 WYCKOFF'S 199491 Plumbing Repair Supplies - Parks 32.37 84171 02/04/2026 WYCKOFF'S 198677 Coupling/PVC Adapter/Pipe/Cutter - Utilities 9.99 84171 02/04/2026 WYCKOFF'S 198677 Coupling/PVC Adapter/Pipe/Cutter - Utilities 65.69 84171 02/04/2026 WYCKOFF'S 199104 Elbow/Nipple - Utilities 92.06 84170 02/04/2026 WINDY POINT FENCE CO CITY26 Relocate Gates - WWTP 1500 84171 02/04/2026 WYCKOFF'S 197697 Couplings/Nipple - Utilities 48.26 84171 02/04/2026 WYCKOFF'S 197821 Couplings/Bushings - Utilities 33.15 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 1191.8 84168 02/04/2026 VERIZON WIRELESS 6134498350 SCADA Messaging Service FY 25/26 5.02 84169 02/04/2026 WEST COAST HYDRAULICS 5254 Equipment Maintenance Supplies - Utilities 636.97 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 148.59 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 3040.33 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 823.62 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 115.43 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 47.7 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 766.35 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 40.54 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 1047.93 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 375.72 Payment Number Payment DateVendor Name Payable Number Description (Item) 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 5075.46 84167 02/04/2026 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 26-953102 Fuel 147.64 Expense Approval Report Payment Dates: 2/1/2026 - 2/4/2026 100-6505-5600 Utility - General & Electric 347.88
100-7000-1100 Travel, Conferences & Training 769.92
100-7000-2000 Travel, Conferences & Training 258
100-7400-2800 Miranda's Rescue 800
100-7612-1000 Contingency 190
2/4/2026 10:54:39 AM Page 4 of 5
100-6210-5450 Internet Service 235.87
100-6225-1400 Codification Misc 122.5
100-6505-4000 Utility - General & Electric 42.24
100-6505-5400 Utility - General & Electric 378.52
100-6505-5450 Utility - General & Electric 1885.92
100-6505-5500 Utility - General & Electric 187.98
100-5740-5600 Building Repair and Maintenance 138.5
100-5741-5450 Newburg Park Maintenance 278.07
100-5900-5450 Tools & Small Equipment 20.4
100-6025-4000 Professional Services 1567.5
100-6210-1500 Internet Service 58.33
100-6210-2000 Internet Service 58.34
100-5505-4000 Vehicle Fuel & Oil 40.54
100-5505-4100 Vehicle Fuel & Oil 1047.93
100-5505-5450 Vehicle Fuel & Oil 505.05
100-5565-5450 Janitorial Supplies 1235.18
100-5715-2000 Vehicle Repairs 4927.48
100-5715-4100 Vehicle Repairs 365.45
100-5500-2800 Department Supplies 25.33
100-5500-4100 Department Supplies 89.61
100-5500-5450 Department Supplies 42.71
100-5505-1500 Vehicle Fuel & Oil 54.52
100-5505-2000 Vehicle Fuel & Oil 5075.46
100-5505-2800 Vehicle Fuel & Oil 147.64
100-2415 Parking Fund - Ferndale 57.2
100-5265-1100 Miscellaneous Benefits 20
100-5265-1200 Miscellaneous Benefits 20
100-5265-2000 Miscellaneous Benefits 80
100-5265-3200 Miscellaneous Benefits 20
100-5265-5400 Miscellaneous Benefits 60
Account Number Account Name Payment Amount
100-1660 Prepaid Workers Compensation 2873
100-1680 Distributed Office Supplies 71.03
100-1683 Distributed Utilities 2514.02
100-2405 Parking Fund-County 14
100-2410 Parking Fund-State 30
280 - Gas Tax Fund 5806.59
351 - FEMA Fund 242884
500 - Water Fund 25007.1
550 - Wastewater Fund 16330.1
560 - Wastewater Capital Fund 2683.14
590 - TDA Transit Fund 1241.95
672 - Forest Hill Water Booster Fund 411.02
Grand Total: 328527
Account Summary
Expense Approval Report Payment Dates: 2/1/2026 - 2/4/2026 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 26656.1
101 - Transaction and Use Tax Fund 115.43
120 - Development & Building Fund 3467.7
140 - Citywide Traffic Impact Fund 1485
160 - Riverlodge Fund 1672.53
189 - Measure Z Fund 766.35
Project Account Summary
Project Account Key Payment Amount
**None** 328527
Grand Total: 328527
2/4/2026 10:54:39 AM Page 5 of 5
550-7012-6600 Certification 274
560-5500-0171 Department Supplies 2683.14
590-5505-5000 Vehicle Fuel & Oil 1191.8
590-5715-5000 Vehicle Repairs 50.15
672-6505-6515 Utility - General & Electric 411.02
Grand Total: 328527
550-5720-6600 Equipment Repair 6057.93
550-5740-6600 Building Repair and Maintenance 1701.41
550-6045-6600 Laboratory Services 1193
550-6205-6700 Cell Phones 5.02
550-6210-6700 Internet Service 58.34
550-6505-6600 Utility - General & Electric 4102.95
500-6505-6000 Utility - General & Electric 18180.6
550-5265-6500 Miscellaneous Benefits 20
550-5500-6600 Department Supplies 1085.5
550-5500-6700 Department Supplies 880.54
550-5505-6600 Vehicle Fuel & Oil 823.62
550-5715-6600 Vehicle Repairs 127.83
500-5720-6100 Equipment Repair 636.97
500-5760-6100 Water Meters 30.46
500-5900-6000 Tools & Small Equipment 276.57
500-5900-6100 Tools & Small Equipment 65.69
500-6045-6000 Laboratory Services 453
500-6210-6300 Internet Service 58.34
351-6005-9102 Engineering Services 242884
500-5500-6000 Department Supplies 49.23
500-5500-6100 Department Supplies 1199.58
500-5500-6200 Department Supplies 852.07
500-5505-6100 Vehicle Fuel & Oil 3040.33
500-5525-6100 Asphalt 164.25
189-5505-2000 Vehicle Fuel & Oil 766.35
280-5265-4200 Miscellaneous Benefits 20
280-5505-4200 Vehicle Fuel & Oil 148.59
280-5726-4200 Street Light Maintenance 369.23
280-5755-4200 Tree Trimming & Removal 672.75
280-6505-4200 Utility - General & Electric 4596.02
160-2221 Monday Club Deposits 500
160-5500-5700 Department Supplies 15.05
160-5547-5800 User Group Linen 32.75
160-5565-5800 Janitorial Supplies 96.71
160-6210-5800 Internet Service 211.43
160-6505-5800 Utility - General & Electric 816.59
Expense Approval Report Payment Dates: 2/1/2026 - 2/4/2026 Account Summary
Account Number Account Name Payment Amount
101-5505-2000 Vehicle Fuel & Oil 115.43
120-5505-3000 Vehicle Fuel & Oil 47.7
120-6005-3100 Engineering Services 3420
140-6025-9120 Professional Services 1485
Amount
84181 02/11/2026 EUREKA OXYGEN CO 508428 Kitchen Oven/Stove Maintenance - River Lodge 462.25 2/11/2026 4:33:49 PM Page 1 of 7
84178 02/11/2026 ECO MEDICAL 42532 Medical Waste Disposal 64.6 84179 02/11/2026 ECOLAB 6357523610 River Lodge Sanitizer Chemicals FY 25/26 219 84180 02/11/2026 ENVIRONMENTAL SYSTEMS RES 137182 Lab Supplies - WWTP 401.23 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 484.42 84176 02/11/2026 CODE PUBLISHING COMPANY GC00133973 Annual Web Fees 830 84177 02/11/2026 COLEMAN, EMMA 020326 Reimburse Vintage Market Expenses - FBID 2986.64 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 213.2 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 4.55 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 474.37 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 120.04 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 329.8 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 1280.2 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 1188.76 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 90.98 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 40.94 84173 02/11/2026 AT&T 9011 24764252 9391062012 48.42
84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 22.75 84175 02/11/2026 AT&T MOBILITY X02092026 Cellular Service 315.34 84173 02/11/2026 AT&T 9011 24764250 9391062010 48.21
84173 02/11/2026 AT&T 9011 24764250 9391062010 89.53
84173 02/11/2026 AT&T 9011 24764251 9391062011 54.16
84173 02/11/2026 AT&T 9011 24764224 24764224 18.89
84173 02/11/2026 AT&T 9011 24764249 9391062009 96.81
84173 02/11/2026 AT&T 9011 24764249 9391062009 179.78
84173 02/11/2026 AT&T 9011 24764222 9391061251 135.21
84173 02/11/2026 AT&T 9011 24764223 24764223 256.68
84173 02/11/2026 AT&T 9011 24764224 24764224 94.44
84173 02/11/2026 AT&T 9011 24764217 9391061221 31.87
84173 02/11/2026 AT&T 9011 24764220 9391061249 43.85
84173 02/11/2026 AT&T 9011 24764221 9391061250 19.83
84173 02/11/2026 AT&T 9011 24764215 9391061219 31.09
84173 02/11/2026 AT&T 9011 24764215 9391061219 31.09
84173 02/11/2026 AT&T 9011 24764216 9391061220 62.18
84173 02/11/2026 AT&T 9011 24764211 9391061214 31.87
84173 02/11/2026 AT&T 9011 24764213 9391061217 31.87
84173 02/11/2026 AT&T 9011 24764214 9391061218 92.49
84173 02/11/2026 AT&T 9011 24764206 9391061209 213.71
84173 02/11/2026 AT&T 9011 24764209 9391061212 31.87
84173 02/11/2026 AT&T 9011 24764210 9391061213 262.32
84173 02/11/2026 AT&T 9011 24756769 9391082149 369.62
84173 02/11/2026 AT&T 9011 24757916 9391083962 287.87
84173 02/11/2026 AT&T 9011 24764205 9391061208 31.87
84173 02/11/2026 AT&T 9011 24756769 9391082149 1013.01
84173 02/11/2026 AT&T 9011 24756769 9391082149 629.71
84173 02/11/2026 AT&T 9011 24756769 9391082149 369.61
84173 02/11/2026 AT&T 9011 24753010 9391062358 64.48
84173 02/11/2026 AT&T 9011 24756769 9391082149 3908.96
84173 02/11/2026 AT&T 9011 24756769 9391082149 2180.53
84173 02/11/2026 AT&T 9011 24752747 9391061237 54.76
84173 02/11/2026 AT&T 9011 24752747 9391061237 101.69
84173 02/11/2026 AT&T 9011 24752751 9391061243 147.77
Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 2/11/2026 - 2/11/2026
Payment NPayment Date Vendor Name Payable Numbe Description (Item) 84172 02/11/2026 ACCESS HUMBOLDT 2387 City Council Televised Meetings FY 25/26 190.75 84172 02/11/2026 ACCESS HUMBOLDT 2388 Planning Commission Televised Meetings FY 25/26 95.38 Amount
84201 02/11/2026 NORTH COAST JOURNAL 2026ci-7174 Public Notice 302.76 84202 02/11/2026 O'CONNOR & COMPANY 0126-52 Auditor Fees FY 25/26 2818.5 2/11/2026 4:33:49 PM Page 2 of 7
84200 02/11/2026 NORMAN'S DRY CLEANERS 26036-995-A Linens - River Lodge 12 84200 02/11/2026 NORMAN'S DRY CLEANERS 26036-995-A Linens - River Lodge 30 84201 02/11/2026 NORTH COAST JOURNAL 2026ci-7173 Public Notice 83.88 84198 02/11/2026 NAPA AUTO PARTS FORTUNA 94519 Oil - WWTP 146.36 84199 02/11/2026 NATIONAL AUTO FLEET GROUP WF15436 WWTP Truck 29185.27 84199 02/11/2026 NATIONAL AUTO FLEET GROUP WF15436 WWTP Truck 29185.28 84197 02/11/2026 MISSION LINEN INDUS SERV 525408240 Corp Yard Linen Service 33.67 84197 02/11/2026 MISSION LINEN INDUS SERV 525444504 Police Mat Cleaning Service FY 25/26 58.04 84198 02/11/2026 NAPA AUTO PARTS FORTUNA 94232 Seat Covers - General Services 336.34 84197 02/11/2026 MISSION LINEN INDUS SERV 525403458 Wastewater Linen Service 90.42 84197 02/11/2026 MISSION LINEN INDUS SERV 525403467 Parks/Rink Linen Service 93.09 84197 02/11/2026 MISSION LINEN INDUS SERV 525408240 Corp Yard Linen Service 33.68 84196 02/11/2026 LEAGUE OF CALIF CITIES 1872 Membership Dues - REMIF 135 84197 02/11/2026 MISSION LINEN INDUS SERV 525403457 Corp Yard Linen Service 54.12 84197 02/11/2026 MISSION LINEN INDUS SERV 525403457 Corp Yard Linen Service 52.44 84194 02/11/2026 JAM SERVICES INC 199138 Traffic System Controller W/ Radio Only - Streets 1314 84195 02/11/2026 KIMBALL-MIDWEST 104140771 Supplies - WWTP 765.41 84195 02/11/2026 KIMBALL-MIDWEST 104140771 Supplies - WWTP 765.41 84193 02/11/2026 INFINITE CONSULTING SERVICES 13679 Abbual Support Renewal 316.3 84193 02/11/2026 INFINITE CONSULTING SERVICES 13679 Abbual Support Renewal 632.6 84193 02/11/2026 INFINITE CONSULTING SERVICES 13679 Abbual Support Renewal 632.6 84192 02/11/2026 HUMMEL TIRE & WHEEL 287435 Tire Sensor Repair - General Services 192.61 84193 02/11/2026 INFINITE CONSULTING SERVICES 13679 Abbual Support Renewal 790.74 84193 02/11/2026 INFINITE CONSULTING SERVICES 13679 Abbual Support Renewal 790.74 84191 02/11/2026 HUMBOLDT VETERINARY MEDICAL GRP 1232988 Vet Services 15 84191 02/11/2026 HUMBOLDT VETERINARY MEDICAL GRP 1232988 Vet Services 77.99 84191 02/11/2026 HUMBOLDT VETERINARY MEDICAL GRP 1232992 Vet Services 76.7 84190 02/11/2026 HUMBOLDT HUMANE 2381832 Vet Services 785 84191 02/11/2026 HUMBOLDT VETERINARY MEDICAL GRP 1231494 Vet Services 30 84191 02/11/2026 HUMBOLDT VETERINARY MEDICAL GRP 1232210 Vet Services 33.15 84188 02/11/2026 HEALTHSPORT 020126 February Gym Memberships 26 84188 02/11/2026 HEALTHSPORT 020126 February Gym Memberships 52 84189 02/11/2026 HELIX LABORATORIES INC 91755 Alka Mag Supply FY 25/26 8899.07 84188 02/11/2026 HEALTHSPORT 020126 February Gym Memberships 182 84188 02/11/2026 HEALTHSPORT 020126 February Gym Memberships 74.65 84188 02/11/2026 HEALTHSPORT 020126 February Gym Memberships 26 84186 02/11/2026 GROCERY OUTLET 020326 Food fpr Strategic Plan Meeting 38.76 84187 02/11/2026 H&S ENERGY GROUP HCL-052546-26 Car Wash Services - PD 49 84188 02/11/2026 HEALTHSPORT 020126 February Gym Memberships 26 84185 02/11/2026 GHD INC 380-0085139 US 101/12th Street Interchange PA & ED 24264.78 84185 02/11/2026 GHD INC 380-0085153 Kenmar Interchange PS&E 217376.3 84185 02/11/2026 GHD INC 380-0085341 Mill Creek Habitat Connectivity Project 59962.75 84184 02/11/2026 FRIESEN, NEVIN 011426 Monday Club Deposit Refund 250 84185 02/11/2026 GHD INC 380-0085121 Downtown Water and Sewer Line Project 619.81 84185 02/11/2026 GHD INC 380-0085121 Downtown Water and Sewer Line Project 619.8 84183 02/11/2026 FREEDOM FUEL 1014532 Equipment Fuel 8.93 84183 02/11/2026 FREEDOM FUEL 1014533 Equipment Fuel 25.53 84183 02/11/2026 FREEDOM FUEL 1014546 Equipment Fuel 20.72 84182 02/11/2026 FORTUNA ACE HARDWARE 403599 Faucet - Utilities 54.74 84182 02/11/2026 FORTUNA ACE HARDWARE 403599 Faucet - Utilities 54.75 84183 02/11/2026 FREEDOM FUEL 1014446 Equipment Fuel 19.15 84182 02/11/2026 FORTUNA ACE HARDWARE 403530 Marking Paint - Parks 29.53 84182 02/11/2026 FORTUNA ACE HARDWARE 403562 Link/Broom - General Services 44.87 84182 02/11/2026 FORTUNA ACE HARDWARE 403592 Batteries/ Cleaner - Recreation 22.54 84181 02/11/2026 EUREKA OXYGEN CO DM26010132 Cylinder Rentals FY 25/26 38.48 84181 02/11/2026 EUREKA OXYGEN CO DM26010132 Cylinder Rentals FY 25/26 38.48 84181 02/11/2026 EUREKA OXYGEN CO DM26010132 Cylinder Rentals FY 25/26 38.48 Expense Approval Repor Payment Dates: 2/11/2026 - 2/11/2026 Payment NPayment Date Vendor Name Payable Numbe Description (Item) 84181 02/11/2026 EUREKA OXYGEN CO DM26010132 Cylinder Rentals FY 25/26 38.5 Amount
84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 16.99 2/11/2026 4:33:49 PM Page 3 of 7
84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 175 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 2794.33 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 16.99 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 219.2 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 18.12 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 150 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 130.58 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 225.57 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 1095.05 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 105.05 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 208.04 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 309.42 84215 02/11/2026 STAPLES BUSINESS CREDIT 7674279631 Scanner - River Lodge 431.59 84216 02/11/2026 TRACTOR SUPPLY CREDIT PLAN 647345 Kennel Supplies - PD 65.66 84217 02/11/2026 ULINE 203424598 Storage Racks 2024.13
84214 02/11/2026 SIX RIVERS PORTABLE TOILE 221647 Sludge Hauling 1770.56 84215 02/11/2026 STAPLES BUSINESS CREDIT 236449286 Monitor - CDD 71.17 84215 02/11/2026 STAPLES BUSINESS CREDIT 236449286 Monitor - CDD 71.17 84211 02/11/2026 SABRE BACKFLOW, INC 5224 Equipment Check - Utilities 292.98 84212 02/11/2026 SHERLOCK RECORDS MANAGEMENT 4776 Finance Record Storage Service FY 25/26 50 84213 02/11/2026 SILKE COMMUNICATIONS INV-25002048 Ear Pieces - PD 153.32 84208 02/11/2026 PLEXUS GLOBAL LLC 19647 DOT Random Test - W Minkel 161 84209 02/11/2026 REMOTE SATELLITE SYSTEMS 135016 Police Satellite Phone Service FY 25/26 79 84210 02/11/2026 RON DUPRATT FORD 124360A Tube/ Gasket - General Services 1262.02 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02269507 47733469507 1214.25 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02269662 43566719662 313.27 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02269729 1752444972-9 262.87 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02268568 41487528568 1002.38 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02268897 65641318897 16.26 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02269251 1012939250-1 350.92 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 022665284 40654195284 592.76 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02268379 51382078379 553.59 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02268481 42737528481 8.65 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02266230 40689526230 518.27 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02266357 27889626357 30586.25 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02266485 44193066485 29.14 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02265020 63983385020 116.83 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02265127 43154195127 109.23 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02266009 33454186009 16.26 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02264082 45966674082 34.61 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02264197 3469744197 1055.91 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02264560 74193064560 300.03 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02263322 79545763322 276.61 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02263881 58771943881 2320.78 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02263994 28883393994 56.58 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02262716 23664592716 3.72 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02262970 93570722970 117.55 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02263045 45859733045 131.9 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02261921 41070861921 659.53 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02261965 88771941965 22.57 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02262034 98154202034 410.98 84204 02/11/2026 OWSLEY ELECTRIC 11937 EV Charging Plans 1500 84205 02/11/2026 PACE SUPPLY CORP 211131730 Meter Gasket - Corp Yard 231.05 84206 02/11/2026 PACIFIC GAS & ELECTRIC CO 02260729 95900010729 126.31 84203 02/11/2026 O'REILLY AUTOMOTIVE STORE 3491-357847 Brake Pads - PD 99.21 84203 02/11/2026 O'REILLY AUTOMOTIVE STORE 3491-357974 Belts - Wastwater 35.63 84203 02/11/2026 O'REILLY AUTOMOTIVE STORE 3491-358962 Oil Drain Plug - Streets 4.22 Payment NPayment Date Vendor Name Payable Numbe Description (Item) 84202 02/11/2026 O'CONNOR & COMPANY 0126-52 Auditor Fees FY 25/26 939.5 84202 02/11/2026 O'CONNOR & COMPANY 0126-52 Auditor Fees FY 25/26 939.5 Expense Approval Repor Payment Dates: 2/11/2026 - 2/11/2026 Amount
84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 8.26 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 21.87 Grand Total: 463515.8
2/11/2026 4:33:49 PM Page 4 of 7
84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 33.98 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 106.31 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 415 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 112.66 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 578.59 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 106.31 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 175 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 66.24 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 37.15 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 427.02 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 30.66 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 35.26 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 11.99 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 25.16 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 10 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 15 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 15 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 84.05 Expense Approval Repor Payment Dates: 2/11/2026 - 2/11/2026 Payment NPayment Date Vendor Name Payable Numbe Description (Item) 84218 02/11/2026 US BANK CORP PAYMENT SYS 12226 January Cal Card Expenses 694.21 100-6205-5450 Cell Phones 329.8
100-6210-1500 Internet Service 3908.96
100-6210-2000 Internet Service 3460.73
100-6210-5450 Internet Service 1013.01
2/11/2026 4:33:49 PM Page 5 of 7
100-6205-1100 Cell Phones 22.75
100-6205-1500 Cell Phones 315.34
100-6205-2000 Cell Phones 1188.76
100-6205-3200 Cell Phones 90.98
100-6205-4000 Cell Phones 40.94
100-6205-4100 Cell Phones 120.04
100-5775-5400 Network Support 316.3
100-6000-1400 Audit Fees 2818.5
100-6025-1200 Professional Services 50
100-6025-4000 Professional Services 83.88
100-6200-2000 Telephone 685.85
100-6200-5400 Telephone 319.64
100-5565-5450 Janitorial Supplies 93.09
100-5700-2000 Radio Equipment 153.32
100-5715-2000 Vehicle Repairs 1410.23
100-5715-4100 Vehicle Repairs 533.17
100-5775-1500 Network Support 790.74
100-5775-2000 Network Support 790.74
100-5500-2800 Department Supplies 65.66
100-5500-4100 Department Supplies 301.75
100-5500-5400 Department Supplies 225.57
100-5500-5450 Department Supplies 1124.58
100-5505-5450 Vehicle Fuel & Oil 74.33
100-5515-2000 Ammunition & Range Supplies 219.2
100-5265-1150 Miscellaneous Benefits 26
100-5265-2000 Miscellaneous Benefits 182
100-5265-5400 Miscellaneous Benefits 74.65
100-5500-1150 Department Supplies 105.05
100-5500-1600 Department Supplies 208.04
100-5500-2000 Department Supplies 309.42
671 - Kenwood Meadows Fund 117.55
Grand Total: 463516
Account Summary
Account N Account Name nt Amount
100-1680 Distributed Office Supplies 2024.13
100-1683 Distributed Utilities 1055.91
100-1684 Distributed Telephone 408.1
270 - STIP/TEA Fund 241641
280 - Gas Tax Fund 1641.95
350 - Capital Projects Fund 59962.8
500 - Water Fund 38020.8
510 - Water Capital Fund 619.81
550 - Wastewater Fund 75454.2
560 - Wastewater Capital Fund 628.06
590 - TDA Transit Fund 213.96
670 - Rancho Bueno Vista Fund 56.58
Expense Approval Repor Payment Dates: 2/11/2026 - 2/11/2026 Report Summary
Fund Summary
Fund nt Amount
100 - General Fund 35141.5
101 - Transaction and Use Tax Fund 427.02
120 - Development & Building Fund 984.35
160 - Riverlodge Fund 5554.93
210 - Solid Waste Fund 64.6
250 - FBID Fund 2986.64
350-6025-9123 Professional Services 59962.8
500-5265-6100 Miscellaneous Benefits 52
500-5500-6000 Department Supplies 765.41
500-5500-6100 Department Supplies 461.95
500-5500-6300 Department Supplies 33.98
2/11/2026 4:33:49 PM Page 6 of 7
250-5570-1800 Special Events 2986.64
270-6005-9112 Engineering Services 24264.8
270-6005-9978 Engineering Services 217376
280-5265-4200 Miscellaneous Benefits 26
280-5725-4200 Traffic Signal Maintenance 1314
280-6505-4200 Utility - General & Electric 301.95
160-6200-5700 Telephone 31.87
160-6200-5800 Telephone 408.78
160-6205-5800 Cell Phones 4.55
160-6210-5800 Internet Service 629.71
160-6505-5800 Utility - General & Electric 2320.78
210-5735-5300 Janitorial Services - HHW 64.6
160-5500-5800 Department Supplies 468.74
160-5547-5800 User Group Linen 12
160-5565-5800 Janitorial Supplies 142.66
160-5571-5800 Bridal Faire 578.59
160-5575-5800 Kitchen Chemical 219
160-5705-5800 Equipment Maintenance 462.25
120-6205-3000 Cell Phones 213.2
120-6305-3100 Publication Expense 302.76
120-7000-3100 Travel, Conferences & Training 175
120-7015-3000 Dues & Subscriptions 66.24
160-2221 Monday Club Deposits 250
160-5265-5800 Miscellaneous Benefits 26
100-7616-1000 Televised Meetings 200.75
100-7616-3200 Televised Meetings 95.38
101-5500-2850 Department Supplies 427.02
120-5500-3000 Department Supplies 101.83
120-5500-3100 Department Supplies 106.43
120-6200-3000 Telephone 18.89
100-7221-5400 Break Camp Program 84.05
100-7230-5400 Skating Program 34.53
100-7400-2800 Miranda's Rescue 800
100-7455-2800 Veterinary Expenses 217.84
100-7612-1100 Contingency 38.76
100-7612-2000 Contingency 25.16
100-7015-1150 Dues & Subscriptions 16.99
100-7015-1400 Dues & Subscriptions 135
100-7015-1600 Dues & Subscriptions 16.99
100-7015-2000 Dues & Subscriptions 831.25
100-7015-3200 Dues & Subscriptions 15
100-7015-5400 Dues & Subscriptions 15
100-6505-5450 Utility - General & Electric 1603.08
100-6505-5500 Utility - General & Electric 300.03
100-6505-5600 Utility - General & Electric 592.76
100-7000-1100 Travel, Conferences & Training 150
100-7000-1400 Travel, Conferences & Training 175
100-7000-2000 Travel, Conferences & Training 2794.33
Account Summary
Account N Account Name nt Amount
100-6220-2000 CLETS Service 287.87
100-6225-1400 Codification Misc 830
100-6300-5400 Advertising 18.12
100-6505-2800 Utility - General & Electric 262.87
100-6505-5400 Utility - General & Electric 659.53
Expense Approval Repor Payment Dates: 2/11/2026 - 2/11/2026 **None** 463516
Grand Total: 463516
2/11/2026 4:33:49 PM Page 7 of 7
590-6035-5000 Personnel Services 161
590-6200-5000 Telephone 31.09
670-6505-6505 Utility - General & Electric 56.58
671-6505-6510 Utility - General & Electric 117.55
Grand Total: 463516
Project Account Summary
Project Accoun nt Amount
550-6205-6700 Cell Phones 484.42
550-6210-6700 Internet Service 369.62
550-6505-6600 Utility - General & Electric 31176.1
550-8000-6600 Capital Outlay 29185.3
560-6015-9976 General Contracting 628.06
590-5500-5000 Department Supplies 21.87
550-5740-6500 Building Repair and Maintenance 54.75
550-5766-6600 Bio solids Management 1770.56
550-5775-6700 Network Support 632.6
550-6000-6700 Audit Fees 939.5
550-6045-6600 Laboratory Services 415
550-6200-6500 Telephone 306.17
500-8000-6000 Capital Outlay 29185.3
510-6015-9108 General Contracting 619.81
550-5500-6500 Department Supplies 38.48
550-5500-6600 Department Supplies 1146.98
550-5555-6600 Plant Chemicals 8899.07
550-5720-6600 Equipment Repair 35.63
500-6000-6300 Audit Fees 939.5
500-6025-6000 Professional Services 1500
500-6200-6100 Telephone 96.35
500-6205-6300 Cell Phones 474.37
500-6210-6300 Internet Service 369.61
500-6505-6000 Utility - General & Electric 2760.84
Expense Approval Repor Payment Dates: 2/11/2026 - 2/11/2026 Account Summary
Account N Account Name nt Amount
500-5557-6000 Lab Supplies 401.23
500-5720-6100 Equipment Repair 292.98
500-5740-6100 Building Repair and Maintenance 54.74
500-5775-6300 Network Support 632.6
Amount
2/18/2026 11:38:07 AM Page 1 of 4
84251 02/18/2026 MISSION LINEN INDUS SERV 525444494 Corp Yard Linen Service 54.27 84251 02/18/2026 MISSION LINEN INDUS SERV 525444494 Corp Yard Linen Service 52.58 84250 02/18/2026 MICROBAC LABORATORIES INC 186660 Lab Testing 88 84251 02/18/2026 MISSION LINEN INDUS SERV 525411478 River Lodge Linen Service 40.46 84249 02/18/2026 MERCER FRASER COMPANY 118302 Asphalt/Hot Mix - Pothole Repair 2133.1 84249 02/18/2026 MERCER FRASER COMPANY 118303 Aggregate Base 157.02 84248 02/18/2026 MENDOCINO CO BLACKTAIL ASSOC 012826 River Lodge Deposit Refund 1000 84249 02/18/2026 MERCER FRASER COMPANY 118302 Asphalt/Hot Mix - Pothole Repair 792.25 84246 02/18/2026 LOCAL GOVERNMENT CONSULTANTS 1114 SB90 Claims Preparation Services 1500 84247 02/18/2026 MACLEOD, THOMAS 011926 Per Diem 2.22 - 2.27 (ICI Sexual Assault Training) 503 84244 02/18/2026 LIEBERT CASSIDY WHITMORE 307304 Legal Services 380 84245 02/18/2026 LIFE LINE SCREENING OF AMERICA 121125 Monday Club Deposit Refund 250 84242 02/18/2026 JEN RICE CONSULTS COF26-01 Synergy to Strategy Consulting Services 7651.98 84243 02/18/2026 LEWIS, BRENT 012826 River Lodge Deposit Refund 250 84240 02/18/2026 JACOBS ENGINEERING GROUP INC W8Y10900-039 NPDES Compliance Engineering 101461.19 84241 02/18/2026 JAM SERVICES INC 199515 Pole Mount - Streets 74.06 84239 02/18/2026 HUMMEL TIRE & WHEEL 287537 Tires - Utilities 993.8 84240 02/18/2026 JACOBS ENGINEERING GROUP INC W8Y10900-038 NPDES Compliance Engineering 106241.55 84238 02/18/2026 HUMBOLDT WASTE MNGMNT AUTHORITY 11276 Flammable Liquid Disposal - WWTP 75 84239 02/18/2026 HUMMEL TIRE & WHEEL 287476 Tires - PD 721.27 84237 02/18/2026 HUMBOLDT LODGING ALLIANCE 021726 2nd Qtr End 12.31.25 HTA Allocation 23900.87 84237 02/18/2026 HUMBOLDT LODGING ALLIANCE 021726 2nd Qtr End 12.31.25 HTA Allocation -239.01 84235 02/18/2026 HAMANAKA PAINTING CO INC 9638 River Lodge Staining Project 71100 84236 02/18/2026 HUMB CO DEPT OF HEALTH 128051128050127816CUPA/HazMat Fees - Home Ave Pump Station 524.89 84234 02/18/2026 GROCERY OUTLET 021026 Break Camp Snack Supplies 75.57 84235 02/18/2026 HAMANAKA PAINTING CO INC 9638 River Lodge Staining Project -3550 84232 02/18/2026 GHD INC 380-0084505 Kenmar Interchange PS&E 47894.24 84233 02/18/2026 GRAINGER 9803829440 Operating Wrench - WWTP 75.68 84231 02/18/2026 FREEDOM FUEL 1014595 Equipment Fuel 25.57 84231 02/18/2026 FREEDOM FUEL 1014627 Equipment Fuel 51.44 84230 02/18/2026 FORTUNA SUNRISE ROTARY 012826 River Lodge Deposit Refund 500 84231 02/18/2026 FREEDOM FUEL 1014564 Equipment Fuel 47.65 84228 02/18/2026 FORTUNA CHAMBER OF COMMERCE 021726 2nd Quarter End 12.31.25 TOT Allocation 12672.62 84229 02/18/2026 FORTUNA FAMILY MEDICINE 012826 River Lodge Deposit Refund 250 84227 02/18/2026 FORTUNA ACE HARDWARE 404140 Masonry Cutting Supplies - General Services 28.38 84227 02/18/2026 FORTUNA ACE HARDWARE 404145 Loose Hardware - Park Restrooms 34.38 84227 02/18/2026 FORTUNA ACE HARDWARE 404082 Electrical Repair Supplies - River Lodge 54.67 84227 02/18/2026 FORTUNA ACE HARDWARE 404137 Aluminum Flag Pole - Museum 26.27 84227 02/18/2026 FORTUNA ACE HARDWARE 404032 Janitorial Supplies - Parks 37.16 84227 02/18/2026 FORTUNA ACE HARDWARE 404040 Smoke Detector - Parks 61.31 84227 02/18/2026 FORTUNA ACE HARDWARE 403915 Vinyl Blinds - Rec Hall 31.74 84227 02/18/2026 FORTUNA ACE HARDWARE 403919 Bracket Posts/Markers/Drill Bits - Parks 86.19 84227 02/18/2026 FORTUNA ACE HARDWARE 403836 Machine Screws/Loose Hardware - WWTP 53.12 84227 02/18/2026 FORTUNA ACE HARDWARE 403847 Plumbing Supplies - WWTP 86.41 84226 02/18/2026 ELECTRO-MECH SCOREBOARD CO 89251 Baseball Scoreboard - Barton Field -582.16 84226 02/18/2026 ELECTRO-MECH SCOREBOARD CO 89251 Baseball Scoreboard - Barton Field 9560.16 84224 02/18/2026 COLANTUONO, HIGHSMITH & WHATLEY, PC69105 Land Use Legal Services 350 84225 02/18/2026 DIKES, BUCKLEY D. 2026-01-007 Monthly K9 Training - Blitz/Cain 750 84223 02/18/2026 CLYDE'S TOWING, INC 28932 Towing Services - PD 150 84223 02/18/2026 CLYDE'S TOWING, INC 28964 Towing Services - Parks 150 84221 02/18/2026 BELL & ASSOCIATES INC 2026-09 Legal Services - Recology Franchise Agreement 2919.5 84222 02/18/2026 CLOSE, PAULINA 021126 River Lodge Deposit Refund 250 84219 02/18/2026 ADVANCED SECURITY SYSTEM 766653 Alarm Service Call - Corp Yard 140 84220 02/18/2026 AT&T 5025 02260893 23484108935031 31.76 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 2/18/2026 - 2/18/2026
Payment Number Payment DateVendor Name Payable Number Description (Item) Amount
2/18/2026 11:38:07 AM Page 2 of 4
84272 02/18/2026 WOODS PEST CONTROL 1368455 River Lodge Pest Service FY 25/26 90 Grand Total: 418027.8
84272 02/18/2026 WOODS PEST CONTROL 1364388 Parks Pest Service FY 25/26 150 84272 02/18/2026 WOODS PEST CONTROL 1364512 Police Pest Service FY 25/26 85 84271 02/18/2026 WILDWOOD SAW 41391 Mower Engine Oil 37.21 84272 02/18/2026 WOODS PEST CONTROL 1364340 City Hall Pest Services FY 25/26 90 84269 02/18/2026 US BANK EQUIPMENT FINANCE 575399647 Printer Lease FY 25/26 253.75 84270 02/18/2026 WATSON, SETH 013026 Per Diem 2.23 - 2.26 (DUI Detection Training) 92 84269 02/18/2026 US BANK EQUIPMENT FINANCE 575399647 Printer Lease FY 25/26 831.73 84269 02/18/2026 US BANK EQUIPMENT FINANCE 575399647 Printer Lease FY 25/26 324.23 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 144.91 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 144.91 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 86.95 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 38.64 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 19.32 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 38.64 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 270.52 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 67.63 84267 02/18/2026 THE PEOPLE OF NEW DIRECTIONS 4223 Encampment Clean-up Services 540 84268 02/18/2026 UBEO BUSINESS SERVICES 5175866 Print Services FY 25/26 154.57 84265 02/18/2026 THATCHER COMPANY INC 2026100900071 Sulfur Dioxide Tank Deposit Refund -5000 84266 02/18/2026 THE NATURE CONSERVANCY 012826 River Lodge Deposit Refund 500 84265 02/18/2026 THATCHER COMPANY INC 2026100101499 Sulfur Dioxide - WWTP 5000 84265 02/18/2026 THATCHER COMPANY INC 2026100101499 Sulfur Dioxide - WWTP 9021 84263 02/18/2026 SANCHEZ, ANA 010726 Park Deposit Refund 250 84264 02/18/2026 SIRCHIE FINGER PRINT LAB 730462-IN Evidence Envelopes - PD 68.74 84262 02/18/2026 RECOLOGY EEL RIVER 767517 Debris Disposal 60.8 84262 02/18/2026 RECOLOGY EEL RIVER 768319 E-waste Disposal 30 84261 02/18/2026 RDO EQUIPMENTCO P2351276 Bearings - WWTP 771.89 84262 02/18/2026 RECOLOGY EEL RIVER 767502 Debris Disposal 102.4 84259 02/18/2026 PACIFIC GAS & ELECTRIC CO 01269457 99509569457 53.52 84260 02/18/2026 PETERSON PC030238692 Equipment Maintenance Supplies - Utilities 99.96 84259 02/18/2026 PACIFIC GAS & ELECTRIC CO 01267872 67125257872 56.9 84259 02/18/2026 PACIFIC GAS & ELECTRIC CO 01269363 48780729363 22.34 84259 02/18/2026 PACIFIC GAS & ELECTRIC CO 01261200 81934311200 133.63 84259 02/18/2026 PACIFIC GAS & ELECTRIC CO 01265729 75033105729 186.71 84258 02/18/2026 PACE SUPPLY CORP 210930099 Pipe Slice Kit/Cable - Utilities 2085.98 84259 02/18/2026 PACIFIC GAS & ELECTRIC CO 01260906 78346610906 69.34 84257 02/18/2026 O'REILLY AUTOMOTIVE STORE 360312 Idler Arm - Parks 66.42 84257 02/18/2026 O'REILLY AUTOMOTIVE STORE 360457 Brake Pads - Utilities 55.41 84257 02/18/2026 O'REILLY AUTOMOTIVE STORE 359597 O'Reilly Def - Utilities 37.61 84257 02/18/2026 O'REILLY AUTOMOTIVE STORE 360272 Power Storage Hose - Parks 26.14 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 636.09 84256 02/18/2026 OPTIMUM FEB26MC Monday Club Wifi Service FY 25/26 125 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 342.51 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 342.51 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 391.44 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 48.93 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 1614.69 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 391.44 84254 02/18/2026 NORMAN'S DRY CLEANERS 26029-520-A River Lodge Linen Service 20.4 84255 02/18/2026 NYLEX.NET 17094 Network Support Services FY 25/26 1125.39 84252 02/18/2026 MITCHELL LAW FIRM, THE 10171 City Attorney Services FY 25/26 2053.5 84253 02/18/2026 NILSEN, AMY 021726 Per Diem/Mileage/Lodging - CalCities CM Conf 1399.21 84251 02/18/2026 MISSION LINEN INDUS SERV 525452773 River Lodge Linen Service 194.86 84251 02/18/2026 MISSION LINEN INDUS SERV 525452773 River Lodge Linen Service 45.25 84251 02/18/2026 MISSION LINEN INDUS SERV 525444495 Wastewater Linen Service 70.59 84251 02/18/2026 MISSION LINEN INDUS SERV 525444505 Parks/Rink Linen Service 99.25 Expense Approval Report Payment Dates: 2/18/2026 - 2/18/2026 Payment Number Payment DateVendor Name Payable Number Description (Item) 120-5705-3000 Equipment Maintenance 86.95
160-2221 Monday Club Deposits 250
2/18/2026 11:38:07 AM Page 3 of 4
101-5500-5450 Department Supplies 9560.16
101-6015-9130 General Contracting 71100
101-6025-2000 Professional Services 540
100-7221-5400 Break Camp Program 75.57
101-2030 Retention Payable -3550
101-5500-2850 Department Supplies 750
100-6801-1800 Chamber TOT 12672.62
100-7000-1100 Travel, Conferences & Training 1399.21
100-7000-2000 Travel, Conferences & Training 595
100-6020-1600 Legal Services 380
100-6025-1400 Professional Services 9151.98
100-6505-5450 Utility - General & Electric 79.24
100-5775-5600 Network Support 48.93
100-6020-1300 Legal Services 2053.5
100-6020-1400 Legal Services 350
100-5775-2000 Network Support 1614.69
100-5775-4000 Network Support 391.44
100-5775-5400 Network Support 391.44
100-5740-4100 Building Repair and Maintenance 140
100-5740-5450 Building Repair and Maintenance 363.62
100-5775-1500 Network Support 1125.39
100-5715-5450 Vehicle Repairs 242.56
100-5740-1500 Building Repair and Maintenance 90
100-5740-2000 Building Repair and Maintenance 85
100-5705-4000 Equipment Maintenance 19.32
100-5705-5450 Equipment Maintenance 292.39
100-5715-2000 Vehicle Repairs 871.27
100-5705-1500 Equipment Maintenance 986.3
100-5705-2000 Equipment Maintenance 594.75
100-5705-3200 Equipment Maintenance 67.63
100-5500-5600 Department Supplies 26.27
100-5505-5450 Vehicle Fuel & Oil 124.66
100-5565-5450 Janitorial Supplies 136.41
100-5500-2000 Department Supplies 68.74
100-5500-4100 Department Supplies 82.65
100-5500-5450 Department Supplies 67.21
100-2220 Refundable Park Deposits 250
100-2460 Sales Tax Payable -582.16
100-4061 Humboldt Tourism Assessment -239.01
Grand Total: 418027.8
Account Summary
Account Number Account Name Payment Amount
100-2040 Humboldt Tourism Assessment 23900.87
280 - Gas Tax Fund 999.94
306 - Recycle-Parks 2919.5
500 - Water Fund 6502.51
550 - Wastewater Fund 11145.55
560 - Wastewater Capital Fund 207859.76
101 - Transaction and Use Tax Fund 78400.16
120 - Development & Building Fund 86.95
160 - Riverlodge Fund 4138.5
200 - Storm Drainage Fund 163.2
270 - STIP/TEA Fund 47894.24
Expense Approval Report Payment Dates: 2/18/2026 - 2/18/2026 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 57917.49
Project Account Key Payment Amount
**None** 418027.8
Grand Total: 418027.8
2/18/2026 11:38:07 AM Page 4 of 4
560-5500-0171 Department Supplies 157.02
560-6005-0171 Engineering Services 207702.74
Grand Total: 418027.8
Project Account Summary
550-6045-6600 Laboratory Services 88
550-6505-6600 Utility - General & Electric 122.86
550-6633-6600 Regulatory Compliance 75
550-5705-6700 Equipment Maintenance 144.91
550-5720-6600 Equipment Repair 771.89
550-5775-6700 Network Support 636.09
550-1310 Chemical Tank Deposits 0
550-5500-6600 Department Supplies 285.8
550-5555-6600 Plant Chemicals 9021
500-5775-6300 Network Support 342.51
500-6200-6100 Telephone 31.76
500-6612-6000 Permits 524.89
500-5705-6300 Equipment Maintenance 144.91
500-5715-6100 Vehicle Repairs 1086.82
500-5720-6100 Equipment Repair 99.96
306-6020-5400 Legal Services 2919.5
500-5500-6100 Department Supplies 2138.56
500-5525-6100 Asphalt 2133.1
280-5525-4200 Asphalt 792.25
280-5725-4200 Traffic Signal Maintenance 74.06
280-6505-4200 Utility - General & Electric 133.63
160-6505-5700 Utility - General & Electric 186.71
200-6618-4310 SWMP Implementation 163.2
270-6005-9978 Engineering Services 47894.24
160-5740-5800 Building Repair and Maintenance 144.67
160-5775-5800 Network Support 342.51
160-6210-5700 Internet Service 125
160-5547-5800 User Group Linen 215.26
160-5565-5800 Janitorial Supplies 85.71
160-5705-5800 Equipment Maintenance 38.64
Expense Approval Report Payment Dates: 2/18/2026 - 2/18/2026 Account Summary
Account Number Account Name Payment Amount
160-2222 River Lodge Deposits 2750
Amount
84302 02/26/2026 KEIN, MICHAEL 022826 Planning Commission 2.10 15 2/26/2026 7:34:13 AM Page 1 of 5
84302 02/26/2026 KEIN, MICHAEL 013126 Planning Commission 1.13 15 84302 02/26/2026 KEIN, MICHAEL 013126 Planning Commission 1.13 15 84302 02/26/2026 KEIN, MICHAEL 022826 Planning Commission 2.10 15 84299 02/26/2026 HUMMEL TIRE & WHEEL 287682 Thurst/Line Alignment - WWTP 159 84300 02/26/2026 JAYME'S REFRIGERATION SERVICE 1368 Oven Repair - River Lodge 186 84301 02/26/2026 JB FABRICATION 2977 Grit Bin Fabrication/Powder Coating - WWTP 5842.5 84298 02/26/2026 HORIZON BUSINESS PRODUCTS 296874 Mounting Tape - Museum 19.18 84299 02/26/2026 HUMMEL TIRE & WHEEL 286706 Tires - PD 743.17 84299 02/26/2026 HUMMEL TIRE & WHEEL 287677 Thurst/Line Alignment - WWTP 159 84296 02/26/2026 HALLEY, STEPHANIE 022826 Planning Commission 2.10 15 84296 02/26/2026 HALLEY, STEPHANIE 022826 Planning Commission 2.10 15 84297 02/26/2026 HERRERRA, FLORENTINO 020626 River Lodge Deposit Refund 500 84295 02/26/2026 H&S ENERGY GROUP HL-053581-26 Car Wash Services 21 84296 02/26/2026 HALLEY, STEPHANIE 013126 Planning Commission 1.13 15 84296 02/26/2026 HALLEY, STEPHANIE 013126 Planning Commission 1.13 15 84292 02/26/2026 GRAINGER 9812239987 Hand Winch - WWTP 421.87 84293 02/26/2026 GRIMALDO, JUSTIN 020526 River Lodge Deposit Refund 500 84294 02/26/2026 GROCERY OUTLET 021826 President's Break Camp Supplies 19.83 84291 02/26/2026 GHD INC 380-0084038 Mill Commerce Center Traffic Analysis 3060 84291 02/26/2026 GHD INC 380-0086301 Well 5B System Tie-in Design/Upgrade 275 84292 02/26/2026 GRAINGER 9811169714 Expansion Joints - WWTP 718.69 84289 02/26/2026 FORTUNA IRON WORKS 96619 Square Tubes - WWTP 147.55 84290 02/26/2026 FREEDOM FUEL 1014758 Equipment Fuel 12.41 84290 02/26/2026 FREEDOM FUEL 1014771 Equipment Fuel 26 84288 02/26/2026 FORTUNA ACE HARDWARE 404210 Drill Bit/Threaded Rod/Hardware - WWTP 120.24 84288 02/26/2026 FORTUNA ACE HARDWARE 404239 Propane Cylinder - General Services 17.51 84288 02/26/2026 FORTUNA ACE HARDWARE 404293 Kennel Supplies 76.54 84288 02/26/2026 FORTUNA ACE HARDWARE 403776 Janitorial Supplies - CH/PD/CD 27.73 84288 02/26/2026 FORTUNA ACE HARDWARE 404154 Mandrel Set/Key Chuck - WWTP 17.06 84288 02/26/2026 FORTUNA ACE HARDWARE 404173 Janitorial Supplies - WWTP 103.55 84287 02/26/2026 FEDEX 9-167-35062 Lab Shipping Services 58.3 84288 02/26/2026 FORTUNA ACE HARDWARE 403776 Janitorial Supplies - CH/PD/CD 27.73 84288 02/26/2026 FORTUNA ACE HARDWARE 403776 Janitorial Supplies - CH/PD/CD 32.07 84284 02/26/2026 ECOLAB 6357724146 River Lodge Dishmachine Rental FY 25/26 156.91 84285 02/26/2026 ENVIRONMENTAL RESOURCE ASSOC137182 Lab Supplies 401.23 84286 02/26/2026 EUREKA OXYGEN CO BO 76562 Sanding Disc Flap - WWTP 189.98 84282 02/26/2026 DEPARTMENT OF JUSTICE 23227 Fingerprinting Services - Parks 32 84283 02/26/2026 DORRIS, JOSHUA 022826 Planning Commission 2.10 15 84283 02/26/2026 DORRIS, JOSHUA 022826 Planning Commission 2.10 15 84281 02/26/2026 CWEA 021826 Lab Analyst 2 Cert - J Jones 29.75 84281 02/26/2026 CWEA 021826 Lab Analyst 2 Cert - J Jones 89.25 84281 02/26/2026 CWEA 21826 Membership Dues - M Rogers 251 84278 02/26/2026 CHRISTENSEN, DIANA 013126 Planning Commission 1.13 15 84279 02/26/2026 COLANTUONO, HIGHSMITH & WHATLEY, PC 69307 Solid Waste Franchise Agreement Services 6843.5 84280 02/26/2026 CSG CONSULTANTS 64785 Franchise Agreement Negotiation Services 3150 84276 02/26/2026 BEAR RIVER BAND OF ROHNERVILLE021226 February Gym Memberships 20 84277 02/26/2026 BEDLINERS PLUS 37978 Vehicle Repairs Unit 266 - WWTP 5544.61 84278 02/26/2026 CHRISTENSEN, DIANA 013126 Planning Commission 1.13 15 84274 02/26/2026 ASAP LOCK & KEY 68222 Key Copies - Parks 35.59 84275 02/26/2026 AT&T 9011 24838697 9391084093 31.87
84276 02/26/2026 BEAR RIVER BAND OF ROHNERVILLE021226 February Gym Memberships 20 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 2/26/2026 - 2/26/2026
Payment Number Payment DateVendor Name Payable NumberDescription (Item) 84273 02/26/2026 AMEN, COLT 013126 Planning Commission 1.13 15 84273 02/26/2026 AMEN, COLT 013126 Planning Commission 1.13 15 Amount
84319 02/26/2026 STAPLES BUSINESS CREDIT 7675253353 Certificate Holders - City Clerk 35.68 84320 02/26/2026 THATCHER COMPANY INC 2026250100464 Chlorine - WWTP 1000 2/26/2026 7:34:13 AM Page 2 of 5
84318 02/26/2026 RON DUPRATT FORD 125270A Evaporator Assembly - General Services 1363.06 84319 02/26/2026 STAPLES BUSINESS CREDIT 6053935284 3-Month Calendar - Community Development 19.04 84319 02/26/2026 STAPLES BUSINESS CREDIT 7674975526 Plot Printer Ink - Engineering 241.22 84316 02/26/2026 RDO EQUIPMENTCO P2356476 Bearings - WWTP 771.89 84317 02/26/2026 ROCHA'S AUTOMOTIVE INC 47468 Turbocharge Replacement - PD 5754.88 84317 02/26/2026 ROCHA'S AUTOMOTIVE INC 47486 Engine Repair - PD 14295.24 84313 02/26/2026 PETERSON PC030238267 Mini Ex Repair Parts - Utilities 166.79 84314 02/26/2026 PHENOVA INC 223930 WS Source Water - Lab 256.3 84315 02/26/2026 PLATT ELECTRIC SUPPLY 7B76607 Leansafe Ladder - General Services 445.04 84310 02/26/2026 O'REILLY AUTOMOTIVE STORE 360666 Coolant Hose - Parks 20.58 84311 02/26/2026 OWENS, GENE 123125 River Lodge Refund - Event Cancelled 225 84312 02/26/2026 PACIFIC GAS & ELECTRIC CO 02266726 44469516726 3321.51 84310 02/26/2026 O'REILLY AUTOMOTIVE STORE 358105 Antifreeze - Shop 19.04 84310 02/26/2026 O'REILLY AUTOMOTIVE STORE 358105 Antifreeze - Shop 19.04 84310 02/26/2026 O'REILLY AUTOMOTIVE STORE 360640 Water Outlet/Thermostat - Parks 25.87 84309 02/26/2026 ONTIVEROS & ASSOCIATES IN 6547 Luster Angel Heights LLA 1567.5 84310 02/26/2026 O'REILLY AUTOMOTIVE STORE 358105 Antifreeze - Shop 19.03 84310 02/26/2026 O'REILLY AUTOMOTIVE STORE 358105 Antifreeze - Shop 19.04 84308 02/26/2026 NORTH COAST JOURNAL 2026148613 Public Notice - Ordinance Adoption 87.48 84309 02/26/2026 ONTIVEROS & ASSOCIATES IN 6545 3495 Rohnerville Road Parcel Map 47.5 84309 02/26/2026 ONTIVEROS & ASSOCIATES IN 6546 Sewer & Water Improvement Survey Services 7019.13 84307 02/26/2026 NORMAN'S DRY CLEANERS 26043-396-A River Lodge Linen Service 23.6 84307 02/26/2026 NORMAN'S DRY CLEANERS 26050-796-A River Lodge Linen Service 43.2 84308 02/26/2026 NORTH COAST JOURNAL 2026148506 Public Notice - 703 Main St Rezone 109.98 84306 02/26/2026 NICHOLS, NELEEN 022826 Planning Commission 2.10 15 84306 02/26/2026 NICHOLS, NELEEN 022826 Planning Commission 2.10 15 84307 02/26/2026 NORMAN'S DRY CLEANERS 26043-396-A River Lodge Linen Service 132 84305 02/26/2026 NAPA AUTO PARTS FORTUNA 95143 Bottle Jack - Shop 15.21 84306 02/26/2026 NICHOLS, NELEEN 013126 Planning Commission 1.13 15 84306 02/26/2026 NICHOLS, NELEEN 013126 Planning Commission 1.13 15 84305 02/26/2026 NAPA AUTO PARTS FORTUNA 95143 Bottle Jack - Shop 15.22 84305 02/26/2026 NAPA AUTO PARTS FORTUNA 95143 Bottle Jack - Shop 15.21 84305 02/26/2026 NAPA AUTO PARTS FORTUNA 95143 Bottle Jack - Shop 15.21 84305 02/26/2026 NAPA AUTO PARTS FORTUNA 94450 Stick Hose/Curved Radiator Hose - Parks 42.25 84305 02/26/2026 NAPA AUTO PARTS FORTUNA 95085 Sleeve Retain Adhesive - WWTP 47.73 84305 02/26/2026 NAPA AUTO PARTS FORTUNA 95128 Air Hose - WWTP 32.54 84304 02/26/2026 MISSION LINEN INDUS SERV 525527563 Parks/Rink Linen Service 98.49 84304 02/26/2026 MISSION LINEN INDUS SERV 5255486848 Corp Yard Linen Service 58.93 84304 02/26/2026 MISSION LINEN INDUS SERV 5255486848 Corp Yard Linen Service 117.14 84304 02/26/2026 MISSION LINEN INDUS SERV 525494009 River Lodge Linen Service 104.35 84304 02/26/2026 MISSION LINEN INDUS SERV 525509675 Can Liners/Latex Gloves - River Lodge 100.36 84304 02/26/2026 MISSION LINEN INDUS SERV 525527562 Police Mat Cleaning Service FY 25/26 58.04 84304 02/26/2026 MISSION LINEN INDUS SERV 525486857 Parks/Rink Linen Service 99.13 84304 02/26/2026 MISSION LINEN INDUS SERV 525492422 Paper Towels - WWTP 134.93 84304 02/26/2026 MISSION LINEN INDUS SERV 525494009 River Lodge Linen Service 148.27 84304 02/26/2026 MISSION LINEN INDUS SERV 525362726 Police Mat Cleaning Service FY 25/26 58.04 84304 02/26/2026 MISSION LINEN INDUS SERV 525386806 Urinal Screens - Parks 109.5 84304 02/26/2026 MISSION LINEN INDUS SERV 525486849 Wastewater Linen Service 64.07 84303 02/26/2026 KIMBALL-MIDWEST 104181899 Fuses/Blades/Kit/Assortment - Shop 132.48 84303 02/26/2026 KIMBALL-MIDWEST 104181899 Fuses/Blades/Kit/Assortment - Shop 132.48 84303 02/26/2026 KIMBALL-MIDWEST 104181899 Fuses/Blades/Kit/Assortment - Shop 132.48 84303 02/26/2026 KIMBALL-MIDWEST 104181683 Wheels - Shop 41.54 84303 02/26/2026 KIMBALL-MIDWEST 104181899 Fuses/Blades/Kit/Assortment - Shop 132.48 84303 02/26/2026 KIMBALL-MIDWEST 104181899 Fuses/Blades/Kit/Assortment - Shop 132.48 84303 02/26/2026 KIMBALL-MIDWEST 104181683 Wheels - Shop 41.56 84303 02/26/2026 KIMBALL-MIDWEST 104181683 Wheels - Shop 41.56 84303 02/26/2026 KIMBALL-MIDWEST 104181683 Wheels - Shop 41.56 Expense Approval Report Payment Dates: 2/26/2026 - 2/26/2026 Payment Number Payment DateVendor Name Payable NumberDescription (Item) 84303 02/26/2026 KIMBALL-MIDWEST 104181683 Wheels - Shop 41.56 Amount
84324 02/26/2026 WESTECH PS-INV108272 Cone Section w/Steel Toggle Clamps - WWTP 3339.32 84325 02/26/2026 WILDWOOD SAW 41425 Toro Mower Blades 118.23 Grand Total: 93064.47
2/26/2026 7:34:13 AM Page 3 of 5
84323 02/26/2026 TRINITY DIESEL INC 100-104291 Sweeper Repair 918 84323 02/26/2026 TRINITY DIESEL INC 100-104416 Diagnostic Service Call - Vacon Truck 435 84323 02/26/2026 TRINITY DIESEL INC 100-104421 Vacon Truck Repair 9987.99 84321 02/26/2026 THOMSON REUTERS - WEST 853118178 Juvenile Law Subscription - PD 135.78 84322 02/26/2026 TRACTOR SUPPLY CREDIT PLAN 100649677 Kennel Supplies 10.93 84322 02/26/2026 TRACTOR SUPPLY CREDIT PLAN 2120279303 Kennel Supplies 68.07 84320 02/26/2026 THATCHER COMPANY INC 2026250100465 Chlorine 150# - WWTP 600 84320 02/26/2026 THATCHER COMPANY INC 2026250900109 Chlorine 150# Deposit Refund -600 84320 02/26/2026 THATCHER COMPANY INC 2026250900110 Chlorine Deposit Refund -1000 Payment Number Payment DateVendor Name Payable NumberDescription (Item) 84320 02/26/2026 THATCHER COMPANY INC 2026250100464 Chlorine - WWTP 4130.38 84320 02/26/2026 THATCHER COMPANY INC 2026250100465 Chlorine 150# - WWTP 5309.71 Expense Approval Report Payment Dates: 2/26/2026 - 2/26/2026 2/26/2026 7:34:13 AM Page 4 of 5
500-5715-6100Vehicle Repairs 208.29
500-5720-6100Equipment Repair 225.09
500-6505-6000Utility - General & Electric 3321.51
500-7012-6000Certification 280.75
510-6005-9066Engineering Services 275
550-1310 Chemical Tank Deposits 0
210-6025-5300Professional Services 9993.5
280-5720-4200Equipment Repair 918
500-5265-6100Miscellaneous Benefits 20
500-5500-6100Department Supplies 117.14
500-5555-6000Plant Chemicals 5309.71
500-5557-6000Lab Supplies 657.53
160-2222 River Lodge Deposits 1000
160-4330 River Lodge Rental Fees 225
160-5547-5800User Group Linen 280.27
160-5565-5800Janitorial Supplies 271.51
160-5706-5800Equipment Lease 156.91
160-5720-5800Equipment Repair 186
100-7015-2000Dues & Subscriptions 251.86
100-7221-5400Break Camp Program 19.83
100-7600-3200Planning Commission 135
120-6005-3100Engineering Services 4627.5
120-6305-3100Publication Expense 109.98
120-7600-3100Planning Commission 135
100-5715-5450Vehicle Repairs 130.26
100-5720-5450Equipment Repair 118.23
100-6025-3200Professional Services 47.5
100-6035-5450Personnel Services 32
100-6200-2000Telephone 31.87
100-6305-1400Publication Expense 87.48
100-5500-5450Department Supplies 35.59
100-5500-5600Department Supplies 19.18
100-5505-5450Vehicle Fuel & Oil 38.41
100-5565-5450Janitorial Supplies 307.12
100-5715-2000Vehicle Repairs 21022.6
100-5715-4100Vehicle Repairs 1703.83
100-5500-1500Department Supplies 27.73
100-5500-2000Department Supplies 32.07
100-5500-2800Department Supplies 155.54
100-5500-3200Department Supplies 46.77
100-5500-4000Department Supplies 241.22
100-5500-4100Department Supplies 521.48
510 - Water Capital Fund 275
550 - Wastewater Fund 32665.4
560 - Wastewater Capital Fund 7019.13
Grand Total: 93064.5
Account Summary
Account Number Account Name Payment Amount
100-5265-1150Miscellaneous Benefits 20
100-5500-1150Department Supplies 35.68
Expense Approval Report Payment Dates: 2/26/2026 - 2/26/2026 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 25061.2
120 - Development & Building Fund 4872.48
160 - Riverlodge Fund 2119.69
210 - Solid Waste Fund 9993.5
280 - Gas Tax Fund 918
500 - Water Fund 10140
**None** 93064.5
Grand Total: 93064.5
2/26/2026 7:34:13 AM Page 5 of 5
550-5720-6600Equipment Repair 10857.4
550-5900-6600Tools & Small Equipment 421.87
550-7012-6600Certification 89.25
560-6015-9976General Contracting 7019.13
Grand Total: 93064.5
Project Account Summary
Project Account Key Payment Amount
Expense Approval Report Payment Dates: 2/26/2026 - 2/26/2026 Account Summary
Account Number Account Name Payment Amount
550-5500-6600Department Supplies 672.62
550-5555-6600Plant Chemicals 4130.38
550-5715-6600Vehicle Repairs 16493.9
Consent Agenda Item 4c
STAFF REPORT
Consent Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, Human Resources Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Receive and File Assembly Bill 2561 Status and Vacancies Report
STAFF RECOMMENDATION
Staff recommend the Council receive and file the staff report and vacancies report and allow for any public comment during the public hearing.
EXECUTIVE SUMMARY
Assembly Bill (“AB”) 2561 adds Government Code Section 3502.3 to the Meyers-Milias-Brown Act (“MMBA”), imposing new obligations on public agencies related to tracking and presenting information on job vacancies. The new law and the legal obligations took effect January 1, 2025 AB 2561 aims to increase transparency and accountability related to job vacancies, recruitment, and retention efforts within California’s public agencies. Public agencies are now required to report on the status of vacancies and recruitment and retention efforts at least once per fiscal year, prior to the adoption of the budget. The report has to include information from allocated full-time positions by bargaining unit. The City of Fortuna has the Fortuna Employees Association (FEA), Fortuna Police Employees Association (FPEA), and an “Unrepresented” group of employees that are included in the report. If the vacancy rate within any of these units reaches or exceeds 20%, the report must include additional data on recruitment timelines, any main cause contributing to high vacancies, and specific recruitment and retention efforts. As part of the reporting requirements, the agency must also allow the recognized employee organization for a bargaining unit the opportunity to make a presentation at the public hearing, should they choose to do so. The City provided this staff report and information regarding AB 2561 to the FEA, FPEA and the unrepresented groups, and each declined making a presentation during the Council meeting.
During the 2025 calendar year, the City ran a significant number of recruitments, however, the total recruitments included part-time, seasonal and on-call positions, which are not required for this reporting. This staff report will stand as the first annual report, which takes place before the adopted budget for Fiscal Year 26-27 and is required to include the following:
• The status of employment vacancies within the public entity’s bargaining units • Recruitment and retention efforts; and
• Identification of any necessary changes to policies, procedures, and recruitment activities that may be creating obstacles in the hiring process.
Consent Agenda Item 4c
During calendar year 2025, vacancy rates within the FEA and unrepresented employee groups exceeded the 20% threshold at various points, triggering the enhanced reporting requirements of Government Code section 3502.3. As a result of successful recruitment efforts throughout the year, vacancy rates were significantly reduced, and as of the January 1, 2026, point-in-time reporting date, current vacancy levels are below 20%.
Employment Vacancies Summary
As part of this reporting effort, staff compiled a spreadsheet with details from every full-time recruitment that took place between January 1, 2025, and December 31, 2025, and the point-intime reporting date is January 1, 2026.
In calendar year 2025, the City successfully completed ten (10) recruitments within the FEA, representing approximately 26% of the allocated positions. Because this surpasses the 20% threshold within that bargaining unit, the spreadsheet reflects additional required reporting data including: all full-time postings for FEA positions, length of recruitment advertising, dates the recruitments were opened and filled, the number of applications received, the number of candidates interviewed, the number of Conditional Offers made, the number of successful hires and the average number of days to complete hires.
The City successfully completed two full-time recruitments for the FPEA representing approximately 7% of the allocated positions. For the unrepresented group of employees, there were five (5) successful full-time recruitments, representing approximately 26% of the unrepresented group. This number of vacancies also surpasses the 20% reporting threshold within the unrepresented group, so the vacancies spreadsheet includes the additional required reporting data.
At this time, using January 1, 2026, as the point-in-time reporting date, the following reflects current vacancy rates for FEA, FPEA and the unrepresented group:
Vacancy Rates 2025
Bargaining Unit Vacancies Total Allocated
Full-time Employees
Vacancy Rate by %
for 2025
FEA 4.0 38.0 10.5%
FPEA 4.0 27.0 14.8%
Unrepresented 1.0 19.0 5.2%
Reason for Vacancies
Bargaining Unit Retirement Voluntary
Separation
Involuntary
Separation
FEA 2.6% 13.1% 10.5%
FPEA 0% 3.2% 0%
Unrepresented 0% 26.3% 5.2%
Due to the success of full-time recruitments in 2025, you can see that in the FEA and unrepresented group, the percentage of vacancies have, in both cases decreased by almost half. There are very few full-time positions to fill and with continued efforts, the City hopes to see increased numbers to full staffing in 2026.
Consent Agenda Item 4c
Recruitment and Retention Efforts
The City has been and remains committed to taking a proactive approach to filling recruitments in both bargaining units and the unrepresented group by examining and streamlining the hiring process, including implementing Neogov, better known to the public as governmentjobs.com, which provides the public with an online application service. Recruitment efforts also include posting jobs on multiple platforms including classic media and social media, and when applicable using targeted outreach through professional associations and industry-specific networks.
While there have been no changes in policies in regard to hiring practices, as of June 29, 2025, to better serve our community by attracting and retaining staff, the City launched a 34-hour work week trial. The City competes for talent against larger agencies with more funding, so is offering a modern, competitive, and sustainable work-life balance for employees. This is intended to help the City compete for talent while keeping offices open for essential services Monday through Thursday.
The City’s police department has faced recruitment challenges over the past year and more, which has put an undue hardship on the current sworn staff. In an effort to compete with higher wages being offered by other local safety agencies, on November 17, 2025, the City entered into a Side Letter with the FPEA, which increased the base salary for Officers and Sergeants by 9% and in December of this year, will increase Officer base salary by another 9% and will increase Sergeants base salaries an additional 6%.
Ongoing retention strategies for all units include development and training opportunities, certification incentives, and competitive benefits packages. All of these strategies are intended to attract and retain qualified candidates and demonstrate the City’s commitment to recruitment efforts and attempt to reach full-staffing levels.
RECOMMENDED COUNCIL ACTION
Motion to receive and file the City of Fortuna’s Annual Vacancy Report. Consent Agenda Vote.
ALTERNATIVE TO STAFF RECOMMENDATION:
1. No Action – do not receive and file report. Under SB 2561, annual vacancy reporting is mandated, and failure to report and receive could result in a perception that the City is not transparent in recruitment efforts and annual workforce data. Currently the consequences are primarily procedural, political and public facing, rather than financial penalties or fines.
ATTACHMENTS:
Attachment “A”: Vacancies Spreadsheet Reporting Period Jan. 2025 – Dec. 2025 Full-time FEA Job Postings
Bargaining
Unit
Length of
Advertisement
Administrative Asst. II (P&R) FEA 2 wks
Utility Worker II-III Mar. 2025 FEA 3 wks
Utility Worker II-III July 2025 FEA 1 month
Street Maintenance Worker II April 2025 FEA 3 wks
Street Maintenance Worker III Jan. 2025 (Promotional) FEA 1 week Street Maintenance Worker II Jully 2025 FEA 3 weeks
Sr. Admin Asst. Community Dev. Jan. 2025 FEA 3 weeks
Recreation Program Supervisor Feb. 2025 FEA 3 weeks
Park Maintenance Worker II March 2025 FEA 3 weeks
Lead Vehicle Mechanic Aug. 2025 FEA 4 weeks
Lead Utility Worker Jan. 2025 FEA 3 weeks
Lead Utility Worker Mar. 2025 FEA 3 weeks
Building Inspector/Plan Checker Mar. 2025 FEA 3 weeks
Building Inspector II/Plans Examiner June 2025 FEA Open Until Filled Building Inspector II/Plans Examiner July 2025 FEA Open Until Filled Building Inspector I//II Aug. 2025 FEA Open Until Filled Treatment Plant Operator I/II Dec. 2025 FEA 3 weeks
Full-time FPEA Job Postings Bargaining Unit Length of Advertisment Police Officers FPEA Continuous
Police Officer Trainee FPEA Continuous
Full-time Unrepresented Job Postings Bargaining Unit Length of Advertisment Senior Planner June 2025 UNREPRESENTED 3 weeks
Senior Planner July 2025 UNREPRESENTED Open Until Filled Sr. Admin Asst. /Deputy Clerk May 2025 UNREPRESENTED 3 weeks Sr. Admin Asst./Deputy Clerk Oct. 2025 UNREPRESENTED 3 weeks Public Works Director Mar. 2025 UNREPRESENTED Open Until Filled Parks and Recreation Director June 2025 UNREPRESENTED Promtional - 11 days ATTACHMENT "A" REPORTING PERIOD: JAN
Dates Opened - Filled
Applications
Received
Candidates
Interviewed
Condtional
Offers Made Hires
7/2/2025 - 9/03/25 35 10 1 1
03/19/25 - 05/12/25 5 4 2 1
07/24/25 - 09/23/25 8 3 1 1
04/28/25 - 06/13/25 16 3 1 1
01/10/25 - 01/26/25 1 1 1 1
07/09/25 - 8/25/25 9 4 1 1
1/27/25 - 03/13/25 17 6 1 1
02/03/25 - 03/10/25 10 5 1 1
03/01/25 - 04/17/25 13 5 1 0
07/03/25 - 10/06/25 2 1 1 1
2/04/25 - 02/28/25 4 0 0 0
04/04/25 -05/09/25 4 2 1 1
03/12/25 -03/28/25 2 (moved to June) 0 0 0
06/17/25 - 3 0 0 0
07/08/25 - 09/15/25 5 2 1 1
08/26/25 - N/A 8 0 0 0
12/08/25- 19 4 In progress
Dates Opened - Filled
Applications
Received
Candidates
Interviewed
Condtional
Offers Made Hires
N/A 6 2 2 2
N/A 33 16 0 0
Dates Opened - Filled
Applications
Received
Candidates
Interviewed
Condtional
Offers Made Hires
06/17/25 - Not Filled 4 4 0 0
07/08/25 - 08/22/25 3 3 1 1
5/19/2025 - 06/25/25 22 5 1 1
09/23/25 - 10/24/25 28 4 1 1
03/24/25 - 05/15/25 6 3 1 1
06/16/25 - 07/02/25 1 1 1 1
TING PERIOD: JANUARY 2025 through DECEMBER 2025
Average Number of
Days to Complete Hire
60 days
27 day
60 days
45 days
16 days
48 days
43 days
37 days
37 days (candidate withdrew)
90 days
N/A Started New Recruitment
35 days
Recruitment was put on hold,
applications moved to June recruitment
No qualified applicants
65 days
Position filled by Building Inspector
II/Plans Examiner July 2025
Interviews taking place 01/28/26
Average Number of Days to Complete
Hire
Varies due to lengthy background
Varies due to academy dates
Average Number of
Days to Complete Hire
N/A
44 days
36 days
30 days
45 days
20 days
R 2025
Consent Agenda Item 4d
STAFF REPORT
Consent Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and Council Members
FROM: Buffy Gray, Deputy City Clerk
THROUGH: Amy Nilsen, City Manager
SUBJECT: Review and Approve Mayor’s Recommendation of Appointee to the Park Commission
STAFF RECOMMENDATION:
Review the applications for the Park Commission and consider approving the Mayor’s recommendation for appointments.
EXECUTIVE SUMMARY:
Park Commission:
One (1) of the five (5) seats on the Park Commission is vacant.
The City received one application:
• Jim Rizza (new appointment)
The terms of office for the Park Commission are three (3) year terms, but this term will be finishing out the term of a commissioner who has resigned from the commission (term 2024-2027). If approved Jim Rizza’s appointment will expire on December 31, 2027.
RECOMMENDED COUNCIL ACTION:
Motion to Approve Mayors’ Appointments for the Park Commission. Consent Agenda vote.
ATTACHMENTS:
Commission Applications:
• Jim Rizza (Park Commission)
Business Agenda Item 5a
STAFF REPORT
Business Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and Council Members
FROM: Michelle Nielsen, Contract City Planner
THROUGH: Amy Nilsen, City Manager
SUBJECT: Public Hearing for Second reading and Adoption of Amendments to Title 17, the Zoning Regulations
STAFF RECOMMENDATION
Hold a public hearing to conduct a second reading and adopt Ordinance 2026-782, amending Chapters 17.06 and 17.08 of Title 17 (Zoning Regulations), and the section titled Statutory References for California Cities of the Fortuna Municipal Code to ensure compliance with current State law for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
PROJECT INFORMATION:
Project: Adoption of amendments to the Zoning Regulations (Title 17 of the Fortuna Municipal Code) to ensure compliance with current State law for accessory dwelling units (ADUs) and junior accessory dwelling units Applicant: City of Fortuna
Project Sites: Applies citywide in the City of Fortuna
Zoning District: N/A – Applies citywide in the City of Fortuna General Plan Land
Use:
N/A – Applies citywide in the City of Fortuna
EXECUTIVE SUMMARY
The California Department of Housing and Community Development (HCD) has recognized ADUs and JADUs as affordable housing solutions because they do not require the purchase of additional land or the construction of significant new infrastructure. ADUs and JADUs also allow homeowners to provide independent living spaces for family members or renters, supporting aging in place and enabling extended families to live nearby while preserving privacy. Recent changes to state law have simplified the development of ADUs and JADUs and require local jurisdictions to align with these state standards.
The City adopted its ADU regulations, Ordinance No. 2021-749, in November 2021 to comply with then-current state requirements for ADUs and JADUs. Since that adoption, new state ADU laws that further modify ADU and JADU requirements have been enacted on a near-annual basis, including the following:
Business Agenda Item 5a
Partial List of Changes to ADU Law in 2025:1
• AB 1154 (Chapter 507, Statutes of 2025) made various changes to State ADU Law (Gov.
Code, § 66333) regarding JADUs and goes into effect on January 1, 2026. This bill:
o Specifies that if a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, owner-occupancy will not be required (Gov. Code, § 66333,subd. (b)). o Requires that JADUs can no longer be used as short-term rentals and, if rented, must now be rented for longer than 30 days (Gov. Code, § 66333, subd. (g)).
Changes to ADU Law in 2024:
• SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws.
• Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Gov. Code, § 66332, subds. (a)-(c)). • Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Provides that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code, § 66314, subd. (d)(11)). • Changes the allowable number of detached ADUs on a lot with an existing multifamily dwelling to eight detached ADUs, provided that the number of ADUs does not exceed the number of existing units on the lot (Gov. Code, § 66323, subd. (a)(4)(A)(ii)). • Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a) (Gov. Code, § 66323, subd. (b)).
Changes to ADU Law in 2023:
• Sunsets a former prohibition on a local agency imposing an owner occupancy requirement on any ADU and instead prohibits a local agency from requiring owner occupancy for an ADU (Gov. Code, § 66315).
• Allows a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342).
HCD ADU Handbook
• Since the adoption of Ordinance No. 2021-749 in November 2021, the HCD ADU Handbook received two substantive updates in 2022 and 2024/2025 to incorporate new laws. The Handbook assists local governments, homeowners, architects, and the public in understanding and applying the requirements of state law. Because the Handbook is authored by HCD, it is 1 HCD ADU Handbook – Updated January 2025 with 2026 Addendum – see pages 56-58 for a comprehensive list of ADU/JADU laws passed in 2025 : https://www.hcd.ca.gov/sites/default/files/docs/policy-andresearch/adu-handbook-update.pdf Business Agenda Item 5a
essentially an interpretative manual on the application of ADU law.
Since 2016, HCD has had statutory authority to review local agencies’ ADU ordinances, and as of January 1, 2024, HCD also has the authority to enforce all State ADU Laws. As part of their enforcement of ADU law, HCD is issuing letters of technical assistance to cities and counties with older ADU ordinances. In their letters, HCD is advising that if a city’s or county’s ADU ordinance fails to meet State law requirements, the entirety of the ordinance is considered “null and void,” and the City must instead apply default State ADU standards until a compliant ordinance is adopted. Additionally, HCD is recommending that cities:
1. Repeal their current ADU ordinance; or
2. Amend and adopt a replacement ordinance that fully complies with State ADU statutes (Gov. Code §§ 66310–66344).
At the time this report was prepared, the City had not received an HCD letter of technical assistance. However, because the ADU ordinance has not been updated since 2021, it does not comply with current state ADU law. The continued application of non-compliant local standards may expose the City to risk and violate State requirements for the timely and objective processing of ADU and JADU applications. Moreover, retaining the existing provisions for ADUs and JADUs may create substantial confusion for property owners and applicants relying on outdated standards.
Adoption of the proposed amendments in Exhibit A of Ordinance 2026-782 will avoid these potential risks by repealing the City’s existing ADU and JADU regulations in their entirety and replacing them with a state-compliant ADU ordinance by directly referencing Government Code Sections 66310-66342, the sections where state ADU and JADU law are chaptered. The proposed amendments are the statutory minimum requirements for ADUs and JADUs. These amendments will address the immediate need to bring the City’s regulations into full compliance with state law, while not foreclosing the City’s ability to adopt local ADU regulations in the future. Although cities are mandated to permit ADUs and JADUs, they are not required to adopt local ADU and JADU ordinances. A local ordinance is an opportunity for a city to establish local regulations that encourage the creation of ADUs and JADUs; a city’s local ADU regulations cannot be more restrictive than state law. All local ADU ordinances are subject to an HCD-compliance review, and any inconsistencies must be addressed to HCD's satisfaction.
PLANNING COMMISSION PUBLIC HEARING
On January 13, 2026, the Planning Commission held a duly noticed public hearing to consider and receive public input on the proposed amendments. No members of the public provided written or oral testimony on the proposed amendments at the hearing. One Planning Commissioner requested clarification about which version of the building code would apply when a property owner seeks to legalize an unpermitted ADU. City Building Official Gary Goade advised that the building code in effect at the time that a property owner seeks to legalize the unit would apply, except as modified by State ADU law (e.g., fire sprinklers are required only when required for the existing primary residence). The Planning Commission did not recommend modifications to the proposed amendments. The Planning Commission unanimously approved Resolution P-2026-3142 recommending that the City Council adopt the proposed amendments.
Business Agenda Item 5a
PROPOSED TEXT AMENDMENTS TO THE ZONING REGULATIONS
Chapter 17.06 Regulations that Apply to Specific Uses
Two sections of Chapter 17.06 are proposed to be amended: 17.06.001.5 (Accessory Dwelling Units) and section 17.06.184.5 (Short-term rentals).
The amendments propose to repeal section 17.06.001.5 of Chapter 17.06 in its entirety and replace it with the following language to ensure compliance with state ADU law:
17.06.001.5 Accessory Dwelling Units and Junior Accessory Dwelling Units:
Sections of 66310 – 66342 of the California Government Code are hereby adopted and made part of this ordinance as though fully set forth herein.
The Zoning Regulations regulate short-term rentals (STRs) in section 17.06.184.5. This section includes definitions with specific application to STRS. The amendments in Exhibit A propose to revise the definition of “Dwelling unit” in 17.06.184.5 as follows:
“Dwelling unit” means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. A dwelling unit includes a single-family residence, and each unit of an apartment, duplex, multiple dwelling structure designed as a separate habitation for one or more persons, or a permitted accessory second residential dwelling that meets the definition of FMC 17.08.222 (Dwelling, second residential), but does not include units located within cityapproved hotels, motels, and bed and breakfasts, and accessory dwelling units or junior accessory dwelling units.
The purpose of this change is to clarify that a permitted second residential dwelling may be used as a short-term rental (STR) and to delete references to ADUs and JADUs to avoid potential conflicts with ADU law. The City’s STR regulations already explicitly define “Short-term” to be fewer than 30 days. The allowable term to rent a STR does not conflict with the State law requirement that ADUs and JADUs be rented for terms longer than 30 days (Gov’t Code Sections 66323(e) and 66333(g)), and an adopted local ordinance may set a rental term of not less than 30 days. Table 1 below compares the rental term requirements for short-term rentals and ADUs/JADUs.
Table 1: Comparison of Rental Term Requirements
Category Short-Term Rentals (STRs) ADUs / JADUs
Definition Rentals for fewer than 30 days Rentals for 30 days or longer Regulatory
Source City regulations (Section 17.06.184.5)
State law (Gov’t Code §§ 66323(e),
66333(g)), and an adopted local
ADU/JADU ordinance.
Proposed
Amendments
Clarify that a permitted second
dwelling may be used as STR;
remove references to ADUs/JADUs
No change; must comply with state
minimum rental term
Business Agenda Item 5a
Category Short-Term Rentals (STRs) ADUs / JADUs
Minimum Rental
Term Less than 30 days Not less than 30 days
Conflict? No conflict due to distinct rental term
requirements No conflict
Chapter 17.08 Definitions and Illustrations
The definition of a second dwelling unit in section 17.08.222 is proposed to be amended to distinguish secondary dwelling units from accessory dwelling units because they are nonconforming ADUs. Also, the proposed changes to the definition intend to reflect the state law requirement (Gov. Code 66332) that cities are to provide a pathway to legalize an accessory dwelling unit that was constructed before 2017 but did not receive city permits:
17.08.222 Dwelling, second residential.
“Second residential dwelling” means a second single-family dwelling constructed or installed prior to January 1, 2017 and that has not been permitted as an accessory dwelling unit, and is located or placed on a parcel of land in the Residential estates or Residential a single-family or multifamily residential zoning districts.
Statutory References for California Cities
This section of the Fortuna Municipal Code refers readers to state statutes that apply to California cities. The proposed amendments to this section update the Government Code section that is referenced from the old section to the new section: The old ADU law section was Government Code § 65852.150 et seq. The new ADU law sections are Government Code §§ 66310 – 66342.
ENVIRONMENTAL REVIEW
The proposed zoning ordinance text amendment is exempt from the California Environmental Quality Act (CEQA). Pursuant to Public Resources Code § 21080.17, the adoption of ordinances that implement Government Code §65852.1, § 66314 et seq., or § 66333 et seq., all of which govern Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs), is statutorily exempt from CEQA.
The ordinance is also categorically exempt under CEQA Guidelines §15303 (Class 3), which covers the construction or conversion of small accessory structures, such as ADUs and JADUs.
PUBLIC HEARING NOTICE
The public notice of this hearing and first reading was given in accordance with Section
17.07.200(C) of the Zoning Regulations and state law. Staff arranged for a public hearing notice to be published in the January 22, 2026, edition of the North Coast Journal. On January 22, 2026, the same public hearing notice was also posted at City Hall and on the City’s website.
Business Agenda Item 5a
RECOMMENDED CITY COUNCIL ACTION
1. Receive staff presentation and review Council questions with staff.
2. Open the public hearing and receive public comment.
3. Close the public hearing.
4. Motion to hold a second reading and adopt Ordinance 2026-782, and read by title only. Roll call vote.
ATTACHMENTS
Attachment 1: Ordinance 2026-782 and Exhibit A – Amendments to the Fortuna Municipal Code, Title 17 (Zoning Regulations)
Attachment 2: Planning Commission Resolution P-2026-3142 Attachment 3: Public Hearing Notice for the City Council, February 2, 2026, hearing and first reading
ORDINANCE 2026-782
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA CERTIFYING
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND AMENDING TITLE 17 (THE ZONING REGULATIONS) OF THE
FORTUNA MUNICIPAL CODE TO COMPLY WITH STATE LAW FOR
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, the City of Fortuna, California (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code Section 65850, et seq. authorizes cities to regulate land use, and to adopt and amend general plans and zoning and building ordinances for such purposes, and sets forth procedures governing the adoption and amendment of such ordinances; and WHEREAS, on October 9, 2019, Governor Gavin Newsom signed Senate Bill 13 Assembly 881, and other legislation (collectively, the “Bills”) into law, amending Government Code Sections 65852.2 and 65852.22, and adding Health and Safety Code Section 17980.12, thereby establishing statewide requirements for ADUs and JADUs; and
WHEREAS, on November 21, 2021, the City Council adopted Ordinance No. 2021-749 that amended Title 17 of the Fortuna Municipal Code (Zoning Regulations), section 17.06.001.5 of Chapter 17.07 (Regulations that Apply to Specific Uses), to comply with changes in state law related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and Ordinance 2021-749 was the last update of the section 17.06.001.5 and the City’s regulations for ADUs; and WHEREAS, since the adoption of Ordinance No. 2021-749, state ADU law has been amended in 2023, 2024, and 2025, including enactment of Senate Bill 477 in 2024, which reorganized and recodified the State’s ADU and JADU provisions into Government Code Sections 66310 through 66342 without substantive change; and
WHEREAS, since 2016, the California Department of Housing and Community Development (HCD) has had statutory authority to review local agencies’ ADU ordinances, and as of January 1, 2024, HCD also has the authority to enforce all State ADU Laws, and WHEREAS, pursuant to Government Code Section 66316, if a city has an existing accessory dwelling unit ordinance that fails to meet the requirements of Article 2 of Chapter 13, of Title 7 of the California Government Code, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the city adopts an ordinance that complies with this article; and WHEREAS, because the City’s ADU and JADU Zoning Regulations were updated most recently in 2021, section 17.06.001.5 of Chapter 17.07 may not be in compliance with multiple provisions of State ADU Law and may therefore be “null and void” under Government Code section 66316, requiring the City to apply default State standards; and
WHEREAS, in order to further comply with state law and avoid substantial confusion for property owners and applicants relying on outdated standards, it is necessary for the City to amend its Zoning Regulation to ensure that its provisions conform to and align exactly with the requirements set forth under Sections 66310 – 66342 of the California Government Code; and
WHEREAS, the amendments to the Zoning Regulations, as identified in Exhibit A, attached hereto and hereby incorporated by reference in its entirety, propose the following changes:
(a) In Chapter 17.07 (Regulations that Apply to Specific Uses), repeal section 17.06.001.5 Accessory Dwelling Units in its entirety, and replace it with ADUs and JADUs regulations directly reference sections of 66310 – 66342 of the California Government Code to comply with state law; and
(b) In Chapter 17.07 (Regulations that Apply to Specific Uses), amendments to section
17.06.184.5 Short-term rentals to replace references to ADUs and JADUs with second residential dwelling as defined in section 17.08.222; and (c) In Chapter 17.08 (Definitions and Illustrations), amendments to section 17.08.222 Dwelling, second residential to update the definition to distinguish these units from accessory dwelling units; and
(d) Amendments to the section titled Statutory References for California Cities section to correct the Government Code citation for state ADU law from section 65852.150 et seq. to sections 66310 – 66342; and
WHEREAS, this Ordinance is intended to promote consistency between the City’s Zoning Regulations for ADUs, JADUs, and state law, eliminate any conflicts or discrepancies, and ensure enforceability in accordance with state legal standards.
WHEREAS, on December 17, 2025, the City posted a Planning Commission (PC) public hearing notice in conspicuous locations including City Hall and the City website, specifying the availability of the proposal, and the date, time, and location of the PC public hearing for these amendments to the Zoning Regulations; and on December 29, 2025, the City caused to be published the same public hearing notice in the January 1, 2026, edition of the North Coast Journal; and WHEREAS, the PC held a duly noticed public hearing on January 13, 2026, and after considering the recommended amendments, the CEQA finding, and written or oral testimony submitted by the public on the proposed amendments, the PC unanimously adopted Resolution No. P-2026-3142, recommending that the Fortuna City Council find the amendments in Exhibit A to be statutorily exempt and categorically exempt from CEQA pursuant to Public Resources Code § 21080.17 and § 15303 of California Code of Regulations Title 14, Division 6, Chapter 3 (the CEQA Guidelines), respectively; make the required findings; and adopt the amendments to Title 17, the Zoning Regulations, of the Fortuna Municipal Code; and
WHEREAS, the review and adoption of the amendments is in conformance with the requirements of California Government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration; and
WHEREAS, the City caused to be published in the January 22, 2026 edition of the North Coast Journal, a notice of City Council public hearing and first reading of the proposed amendments; additionally, the City posted the same notice of public hearing in conspicuous locations including City Hall and the City website, specifying the availability of the proposed amendments, the date, time, and location of the City Council public hearing for these amendments to the Zoning Regulations, and recommended CEQA finding; and
WHEREAS, the City Council held a duly noticed public hearing on February 2, 2026, to consider the amendments and recommended CEQA determination; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, the Planning Commission’s recommendation that the City Council adopt the proposed amendments to the Zoning Regulations, and all appropriate information that has been submitted with these amendments; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above and foregoing recitals are true and correct, and each is incorporated in full herein by reference.
SECTION 2. Public hearing notices and public participation. All necessary public hearings and opportunities for public testimony and comment have been conducted in compliance with state law.
SECTION 3. Findings. That all of the following findings are hereby made:
A. California Environmental Quality Act (CEQA). The proposed zoning ordinance text amendments are exempt from the California Environmental Quality Act (CEQA). Pursuant to Public Resources Code § 21080.17, CEQA does not apply to ordinances implementing Government Code §65852.1, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, which governs ADUs and JADUs. Accordingly, the proposed ordinance is statutorily exempt from CEQA because it implements the State’s ADU and JADU laws.
In addition to the statutory exemption, the proposed ordinance is categorically exempt under the Class 3 exemption set forth in CEQA Guidelines § 15303. The Class 3 exemption applies to the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists appurtenant accessory structures and garages as examples of activities covered by this exemption. Here, the ordinance qualifies for the Class 3 exemption because it regulates the construction of, and conversion of existing structures into, ADUs and JADUs, which are accessory to a primary dwelling and limited in size.
B. Consistency with the Fortuna General Plan. The text amendments repeal the existing ADU regulations and adopt new provisions addressing both ADUs and JADUs, in accordance with California Government Code Sections 66310 through 66342. The proposed amendments implement the City’s goals and policies related to housing, land use, and residential development. They support the General Plan’s objectives to provide a range of housing types, promote efficient use of existing residential neighborhoods, and facilitate housing affordability, while maintaining the character and quality of the community.
C. Public Interest. Adopting ADU and JADU regulations that are consistent with state law is in the public interest because it avoids creating substantial confusion for property owners and applicants who prepare applications relying on outdated standards. Adopting compliant ADU and JADU relations also wards off risks, including improper denial or delay of ADU applications; violation of the Housing Accountability Act and State ADU statutes; exposure to attorney’s fees and enforcement action by HCD or private applicants.
D. Consistency with the Zoning Regulations and Other City Ordinances. The proposed text amendments to the Zoning Regulations are internally consistent with other applicable provisions of the Zoning Code. The amendments repeal the existing ADU regulations and adopt new provisions addressing both ADUs and JADUs, ensuring that the City’s regulations fully conform to the requirements of California Government Code Sections 66310 through 66342. The new provisions maintain consistency with the City’s residential development standards, use classifications, and permitting procedures, thereby preserving alignment with the overall framework of the Zoning Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Fortuna hereby amends the Fortuna Municipal Code Title 17, Chapters 17.06 and 17.08, Zoning Regulations, and the section titled Statutory References for California Cities in the form and substance as set forth in Exhibit A, attached hereto and incorporated in its entirety herein by reference. Following the adoption of this Ordinance, without modifying the substance, the City Clerk shall cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 17 of the Fortuna Municipal Code.
SECTION 4. Effective Date. The effective date of this ordinance is thirty (30) days after adoption by the City Council of the City of Fortuna.
SECTION 5. Severability. If any provision of this ordinance is determined to be invalid, such invalidity does not affect the remaining provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council of the City of Fortuna declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 6. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices to it that are inconsistent with the requirements of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this ordinance.
SECTION 7. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law.
FIRST READING CONDUCTED at a regular meeting of the City Council on this 2nd day of February 2026, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mike Johnson, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 2 day of March 2026, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
Ordinance No. 2026-782
EXHIBIT A
Amendments to Fortuna Municipal Code,
Title 17 (Zoning Regulations)
Notes:
1. Proposed amendments to the following sections are shown in underlined text for additions and strikethrough text for deletions.
2. Yellow highlighting was also applied to the revisions to make them easier for readers to locate in the document.
3. All sub-sections not included in the sections below shall continue in full force, unamended by this Ordinance.
Chapter 17.06
REGULATIONS THAT APPLY TO SPECIFIC USES
…
17.06.001.5 Accessory dwelling units and Junior Accessory Dwelling Units.
Sections of 66310 – 66342 of the California Government Code are hereby adopted and made part of this ordinance as though fully set forth herein.
A. Purpose. This section establishes standards for the location and construction of accessory dwelling units (ADUs) consistent with Government Code Sections 65852.2 through 65852.22. These standards are intended to allow accessory dwelling units as a form of aƯordable housing in Fortuna while maintaining the character and quality of life of residential neighborhoods.
B. Definitions.
1. Accessory Dwelling Unit. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an eƯiciency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
2. Detached Accessory Dwelling Unit. An accessory dwelling unit that does not share a common wall with the primary dwelling and is not fully contained within the existing space of an accessory structure.
3. Attached Accessory Dwelling Unit. An accessory dwelling unit that shares at least one common wall with the primary dwelling and is not fully contained within the existing space of the primary dwelling or an accessory structure.
4. Internal Accessory Dwelling Unit. An accessory dwelling unit that is fully contained within the existing space of the primary dwelling or an accessory structure.
5. Junior Accessory Dwelling Unit. An internal accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
C. Summary of Standards and Permit Requirements.
1. The standards that apply to an accessory dwelling unit vary depending on the type and size of the accessory dwelling unit. For example, an accessory dwelling unit attached to a single-family home must comply with standards in subsections (E) (General Requirements), (G) (Development Standards), and (H) (Objective Design Standards) of this section. In contrast, an accessory dwelling unit up to 800 square feet and 16 feet in height that is detached from a single-family home must comply only with standards in subsection (E) of this section (General Requirements).
2. Table 1 identifies standards that apply to diƯerent sizes and types of accessory dwelling units in conformance with state law. Table 1 also identifies permits required for these accessory dwelling units. See subsection (F) of this section (Units Subject to Limited Standards) for additional information on types of accessory units allowed with a building permit only.
Table 1: Standards and Permits Required for ADU Types
ADU Type Standards Permit
Single-Family Lots
All Internal ADUs, including
JADUs
E. General Requirements Building Permit Only
Attached E. General Requirements
G. Development Standards
H. Objective Design
Standards
ADU Permit and Building
Permit [1]
Detached
Up to 800 sq. ft. and 16 ft.
height
E. General Requirements Building Permit Only
Greater than 800 sq. ft. and/or
16 ft
E. General Requirements
G. Development Standards
H. Objective Design
Standards
ADU Permit and Building
Permit [1]
Multifamily Lots
Table 1: Standards and Permits Required for ADU Types
ADU Type Standards Permit
Internal [2] E. General Requirements Building Permit Only Detached [3] E. General Requirements Building Permit Only [1] ADUs that request deviation from subsection (H) of this section, Objective Design Standards, allowed with design review. ADUs that request deviation from subsection (G) of this section, Development Standards, require a use permit. [2] Limited to portions of existing multifamily dwelling structures that are not used as livable space. Allowed ADUs limited to 25 percent of existing multifamily dwellings. [3] Maximum two ADUs on a lot. Maximum height 16 feet.
D. Permitting Process.
1. When Consistent With Standards.
a. An accessory dwelling unit that complies with all standards in this section shall be approved ministerially without discretionary review or a public hearing. b. As shown in Table 1 and described in subsection (F) of this section (Units Subject to Limited Standards), certain types of accessory dwelling units require a building permit only.
All other types of accessory dwelling units require an ADU permit and a building permit. The purpose of the ADU permit is to confirm project conformance with standards in subsections (G) (Development Standards) and (H) (Objective Design Standards) of this section.
c. The time frame for city action on an application is the same for accessory dwelling units requiring a building permit only and those requiring an ADU permit. If an existing singlefamily or multifamily dwelling exists on the lot upon which an accessory dwelling unit is proposed, the city shall act on the application within 60 days from the date the city receives a completed application. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay.
d. The city has acted on the application if it:
i. Approves or denies the building permit for the accessory dwelling unit; and/or ii. Informs the applicant in writing that the accessory dwelling unit as proposed does not qualify for ministerial approval. If the applicant submits project revisions in response to this information, the city shall accept the revisions as a new application subject to a new 60-day time period.
e. If the accessory dwelling unit application is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the accessory dwelling unit application until the city acts on the permit application for the new single-family dwelling. The city shall act on the accessory dwelling unit application without discretionary review or hearing within 60 days of action on the new single-family dwelling.
2. When Deviating from Standards.
a. A proposed accessory dwelling unit that deviates from the standards in subsection (H) of this section (Objective Design Standards) shall be reviewed and may be approved or denied subject to the design review procedures in FMC 17.07.100 (Design review). b. A proposed accessory dwelling unit that deviates from standards in subsection (G) of this section (Development Standards) or any other applicable physical standard of this section shall be reviewed and may be approved or denied subject to the use permit procedures in FMC 17.07.060 (Use permits).
3. When Dependent on Separate Construction. When a proposed attached or detached accessory dwelling unit is dependent on the construction of a new building or new portion of a building which is not a part of the accessory dwelling unit (“separate construction”) and is not proposed as part of an application to create a new single-family dwelling on the parcel, the city shall either:
a. Accept and begin processing the accessory dwelling unit application only after acting on an application for the proposed separate construction; or b. Upon written request from the applicant, review and act on the accessory dwelling unit together with the separate construction as part of a single application. In this case, the accessory dwelling unit is subject to the same review procedures and requirements as the separate construction.
E. General Requirements. The following requirements apply to all accessory dwelling units:
1. Where Allowed. An accessory dwelling unit is permitted:
a. In any zoning district where single-family or multifamily dwellings are a permitted use; and
b. Only on a lot with an existing or proposed single-family or multifamily dwelling.
2. Maximum Number per Lot. Not more than one accessory dwelling unit is allowed per lot except as allowed by subsection (F) of this section (Units Subject to Limited Standards).
3. Separate Sale from Primary Dwelling. An accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling.
4. Entrance. An accessory dwelling unit must have an exterior entrance separate from the primary dwelling.
5. Rental. A rented accessory dwelling unit shall not be leased for any period less than 30 days.
6. Converting and Replacing Existing Structures.
a. An internal ADU may be constructed regardless of whether the structure within which it would be located conforms to the current zoning requirement for setbacks. b. If an existing structure is demolished and replaced with an accessory dwelling unit, the accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.
7. Nonconformities. The city shall not require, as a condition for approval of an accessory dwelling unit, the correction of nonconforming zoning conditions.
8. Junior Accessory Dwelling Units. Junior accessory dwelling units shall comply with all of the following standards:
a. Either the primary dwelling or the junior accessory dwelling unit must be occupied by the property owner.
b. A junior accessory dwelling unit must either:
i. Contain its own full bathroom with a sink, toilet and shower and/or bath facilities; or ii. Share use of a full bathroom located within the primary dwelling. c. A junior accessory dwelling unit must contain, at a minimum, an eƯiciency kitchen with:
i. A cooking facility with appliances; and
ii. At least three linear feet of food preparation counter space and three linear feet of cabinet space.
d. Cooking appliances may consist of either a permanent cook top and/or built-in oven, or a plug-in microwave oven, hot plate, or similar appliances intended for use on top of a countertop.
9. Foundation. An accessory dwelling unit shall be constructed on a permanent foundation. A manufactured home, as defined in California Health and Safety Code Section 18007, is allowed as an accessory dwelling unit if it is placed on a permanent foundation.
10. Fire Sprinklers. The city shall not require accessory dwelling units to provide fire sprinklers if fire sprinklers would not be required for the primary residence under the current fire code.
11. Utilities.
a. The city shall not consider an accessory dwelling unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed concurrently with a new single-family dwelling.
b. The city shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
c. The following applies to an accessory dwelling unit described in subsection (F)(1) of this section (Internal Accessory Dwelling Units):
i. The city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed concurrently with a new single-family home.
ii. The city may require a new or separate utility connection directly between the accessory dwelling unit and the utility consistent with Government Code Section 65852.2(f)(5). d. The city may require, as part of the application for a permit to create an accessory dwelling unit connected to an on-site wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
F. Units Subject to Limited Standards. The city shall ministerially approve an application for a building permit within a residential or mixed-use zoning district to create the following types of accessory dwelling units. For each type of accessory dwelling unit, the city shall require compliance only with the development standards in this subsection. Standards in subsections (G) (Development Standards) and (H) (Objective Design Standards) of this section do not apply to these types of accessory dwelling units.
1. Internal Accessory Dwelling Units. One internal accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The internal accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are suƯicient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.
2. Detached Accessory Dwelling Units. One detached, new construction, accessory dwelling unit for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (E)(1) of this section. The accessory dwelling unit must comply with the following:
a. Maximum floor area: 800 square feet.
b. Maximum height: 16 feet.
c. Minimum rear and side setbacks: four feet.
3. Nonlivable Multifamily Space.
a. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:
i. At least one accessory dwelling unit is allowed within an existing multifamily dwelling up to maximum of 25 percent of the existing multifamily dwelling units; and ii. Each accessory dwelling unit shall comply with building code standards for dwellings. b. The accessory dwelling unit must be located within a structure containing existing multifamily units. The accessory dwelling unit may not be located in a detached garage, carport, or other accessory structure on the lot that contains no existing multifamily units.
4. Detached Accessory Dwelling Units on Multifamily Lots. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to the following:
a. Maximum height: 16 feet.
b. Minimum rear and side setbacks: four feet.
G. Development Standards. Except as provided in subsection (F) of this section (Units Subject to Limited Standards), an accessory dwelling unit shall comply with the following development standards:
1. Floor Area. The floor area of an accessory dwelling unit shall not exceed the maximums shown in Table 2.
Table 2: Maximum Floor Area
ADU Type Maximum ADU Floor Area
Attached
One bedroom or less 50 percent of the existing primary dwelling or 850 sq. ft., whichever is greater
More than one bedroom 50 percent of the existing primary dwelling or 1,000 sq. ft., whichever is greater
Detached 1,200 sq. ft.
Internal No maximum
Junior 500 sq. ft.
2. Lot Coverage. For lots in the R-1 zoning district with an accessory dwelling unit, the maximum lot coverage is 50 percent.
3. Property Line Setbacks.
a. All Accessory Dwelling Units.
i. An accessory dwelling unit shall be set back from property lines as required by Table 3. ii. See also subsection (E)(6) of this section (Converting and Replacing Existing Structures) for set back exceptions that apply to an accessory dwelling unit created by converting or replacing an existing structure.
b. Detached Accessory Dwelling Units – Front Setbacks.
i. A detached accessory structure shall not occupy a required front yard. ii. In no case may a detached accessory structure be closer to the front property line than the principal structure on the lot. If the principal structure is set back from the front property line greater than the minimum distance required by the zoning district, the front setback of the detached accessory structure must be equal to or greater than the setback of the principal structure.
Table 3: Minimum Property Line Setbacks
Property Line
ADU Type
Attached Detached Internal Junior
Front Same as primary dwelling [1]
Side 4 ft. 4 ft. or 0 ft. adjacent to an alley None required Rear 4 ft. 4 ft. or 0 ft. adjacent to an alley
Note:
[1] For detached accessory dwelling units, see also subsection (G)(3)(b) of this section.
4. Height.
a. Attached ADU.
i. The maximum allowed height for an attached accessory dwelling unit is the height of primary residence or the maximum permitted in the zoning district, whichever is less. ii. A project that increases the height of the primary residence to accommodate an accessory dwelling (e.g., adding a story or raising the structure) is allowed with design review. In such a case, the residence may not exceed the maximum permitted in the zoning district.
b. Detached ADU. The height of a detached accessory dwelling unit shall not exceed:
i. Sixteen feet with ministerial approval; and
ii. The maximum height of the zoning district with a use permit. c. Internal and Junior ADUs. Height standards do not apply to internal and junior accessory dwelling units.
5. Parking.
a. No additional parking is required for an accessory dwelling unit. b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are not required for the demolished or converted parking structure.
H. Objective Design Standards. The standards in this section apply to all accessory dwelling units not approved pursuant to subsection (F) of this section (Units Subject to Limited Standards).
1. Entrance Orientation – Detached ADU. The primary entrance to a detached accessory dwelling unit shall face the front or interior of the parcel unless the accessory dwelling unit is directly accessible from an alley or a public street.
2. Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use.
a. For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:
i. A six-foot solid fence on the property line; or
ii. Clerestory or translucent windows for all windows facing the adjacent property. The bottom of a clerestory window must be at least five and one-half feet above the adjoining floor.
b. For a second story wall, all windows facing the adjacent property shall be located and designed to minimize privacy impacts on adjacent residential properties, as determined by the planning commission through the use permit approval process.
3. Second Story Decks and Balconies. Second story decks and balconies shall be set back a minimum of 10 feet from a side or rear property line adjoining a lot occupied by a singlefamily dwelling.
4. Outdoor Stairs. Outdoor stairs serving a second story accessory dwelling unit shall be oriented to the interior of the lot, rather than a side or rear property line immediately adjacent to the accessory dwelling unit. The planning commission may allow an exception to this requirement through the use permit approval process for projects that utilize alternative methods to minimize privacy, noise, and aesthetics impacts associated with outdoor stairs.
5. Architectural Details. Table 4 shows architectural detail standards for accessory dwelling units.
Table 4: Architectural Detail Standards
Non-Historic Property [1] Historic Property [1]
Attached
ADU
Detached
ADU
Attached ADU Detached ADU
Primary
Exterior
Materials [2]
Same as
primary
dwelling [3]
No
requirement
Same as
primary
dwelling; or
horizontal
wood, fiber
cement, or
board and
batten siding
or shingles [3]
Horizontal wood, fiber cement,
or board and batten siding, or
shingles [4]
Window and
Door
Materials
No requirement
Wood, composite, pre-finished metal with a
non-reflective finish
Window
Proportions
No requirement
Windows must be taller than they are wide or
match the proportions of the primary dwelling
window [5]
Window Pane
Divisions
No requirement
True or simulated divided lights; or same as
primary dwelling
Roof Material
Same as
primary
dwelling [3]
No
requirement
Same as
primary
dwelling [3]
Same as primary dwelling; or
architectural composition
shingles, clay tile, slate, or non-
Table 4: Architectural Detail Standards
Non-Historic Property [1] Historic Property [1]
Attached
ADU
Detached
ADU
Attached ADU Detached ADU
reflective standing seam metal
[3]
Roof Pitch No requirement
No
requirement
4:12 or greater [6]
Notes:
ADUs that request deviation from these standards may be allowed with design review. [1] “Historic property” means a property that qualifies as a historic structure as defined in FMC 15.52.270.
[2] Standard does not apply to secondary and accent materials. [3] “Same as primary dwelling” means the type of material must be the same as the primary dwelling. The size, shape, dimensions, and configuration of individual pieces or elements of the material may diƯer from the primary dwelling. [4] If primary dwelling is predominantly stucco, stucco is allowed for the accessory dwelling unit.
[5] Bathroom windows may be horizontally oriented.
[6] If the primary dwelling has a roof pitch shallower than 4:12, the accessory dwelling unit roof pitch may match the primary dwelling.
6. Building Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource as defined in FMC 15.52.270 for an attached accessory dwelling unit shall be inset or separated by a connector that is oƯset at least 18 inches from the parallel side or rear building wall to distinguish it from the historic structure.
I. Deed Restriction.
1. An executed deed restriction, on a form provided by the city, shall be submitted to the city prior to issuance of a building permit and shall be recorded prior to final occupancy.
The deed restriction shall stipulate all of the following:
a. The accessory dwelling unit shall not be rented for any period less than 30 days at a time. b. The accessory dwelling unit shall not be sold, transferred, or assigned separately from the primary dwelling.
c. For junior accessory dwelling units, restrictions on size, attributes, and owneroccupancy in conformance with this section. d. The property owner and all successors in interest shall maintain the accessory dwelling unit and the property in accordance with all applicable accessory dwelling unit requirements and standards.
2. The deed restriction shall lapse upon removal of the accessory dwelling unit. (Ord. 2021- 749 § 1 (Exh. 1)).
…
17.06.184.5 Short-term rentals.
…
B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Dwelling unit” means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. A dwelling unit includes a single-family residence, and each unit of an apartment, duplex, multiple dwelling structure designed as a separate habitation for one or more persons, or a permitted accessory second residential dwelling unit that meets the definition of FMC 17.08.222 (Dwelling, second residential), but does not include units located within city-approved hotels, motels, and bed and breakfasts, and accessory dwelling units or junior accessory dwelling units. “Good neighbor brochure” means a document prepared by the applicant and approved by the city manager that summarizes general rules of conduct, consideration, respect, and potential remedial actions. Provisions for parking and minimizing noise and quiet hours shall be included.
“Host” means an applicant or operator of the short-term rental. “Owner” means any person who, alone or with others, has legal or equitable title to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.
“Short-term” means fewer than 30 days.
“Short-term rental, commercial” means any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes, and is held out as such to the public. The structure, or any portion of the structure, is not required to serve as the property owner or owners’ primary residence and the entirety of the residence may be utilized as a short-term rental. “Short-term rental, residential” means any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes, and is held out as such to the public. The structure, or portion of the structure, serves as the property owner or owners’ primary residence. “Short-term rental (STR) permit” means an application document prepared by the city and approved by the city manager, which is required for the approval of either residential or commercial short-term rental.
…
Chapter 17.08
DEFINITIONS AND ILLUSTRATIONS
…
17.08.222 Dwelling, second residential.
“Second residential dwelling” means a second single-family dwelling constructed or installed prior to January 1, 2017 and that has not been permitted as an accessory dwelling unit, and is located or placed on a parcel of land in the Residential estates or Residential a single-family or multifamily residential zoning districts. (Ord. 2011-692 § 2 (Exh. A)).
STATUTORY REFERENCES FOR CALIFORNIA CITIES
General Provisions
Accessory dwelling units.
Gov’t Code §§ 65852.150 et seq.66310 – 66342
ATTACHMENT 2
ATTACHMENT 3
Public Notice for the February 2, 2026, Hearing and First Reading Notice published in the January 22, 2026,
edition of the North Coast Journal
Business Agenda Item 5b
STAFF REPORT
Business Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Hiring Freeze Exception – Community Development Director/City Engineer STAFF RECOMMENDATION:
Staff recommends that the City Council approve an exception to the current hiring freeze to allow recruitment and appointment of the Community Development Director / City Engineer and begin the recruitment and appointment process.
EXECUTIVE SUMMARY:
The position of Community Development Director has been either on leave or vacant since August 15, 2025. The City Manager has been assuming these responsibilities in addition to all other duties of that of a City Manager. On November 17, 2025, the City Council established a hiring freeze for General Fund–funded staff positions with explicit allowances for exceptions when positions are essential and critical to operations. The Community Development Director is responsible for both community development services (planning, zoning, housing, building) and the statutory duties of the City Engineer (map approvals, improvement standards, encroachments, traffic engineering, and sewer determinations). Given the legal, operational, and economic impacts of leaving this role vacant, staff requests an immediate exception to the hiring freeze to fill this position.
BACKGROUND:
Existing Hiring Freeze. Per the Council’s adopted staff report, vacancies in General Fund departments require explicit Council approval before recruitment may begin, unless automatically exempt.
Position Overview. The City is updating the title and scope of the Community Development Director position to Community Development Director / City Engineer. This revision reflects the integration of engineering duties into the department head role. Fortuna Municipal Code Section
2.10.010(B) establishes that the Community Development Department’s purpose includes “planning, engineering, building inspection, and solid waste functions.” Formally assigning City Engineer responsibilities to the Director aligns the position with these statutory duties, strengthens coordination between planning and engineering, enhances customer service for applicants, and reduces the City’s dependence on some contract engineering services. The position is at-will, FLSA exempt, and already budgeted. Key responsibilities include:
Community Development Responsibilities:
Business Agenda Item 5b
• Long-range planning, zoning, housing, building inspection oversight, CEQA compliance, staff supervision, and preparation of recommendations to the Planning Commission and City Council.
City Engineer Responsibilities:
• Approval or conditioning of subdivision tentative maps; approval of parcel and final maps; determination of survey monument requirements; and approval of subdivision improvement plans and associated securities.
• Development and maintenance of public improvement and sewer standards; review and approval of engineering plans, specifications, and estimates; inspections and acceptance of public improvements.
• Traffic engineering responsibilities, including signal timing, traffic safety analysis, and determinations on parking/loading zones within the public right-of-way. • Review and approval of encroachment permits and site-specific traffic control plans; enforcement of right-of-way and ADA access requirements. • Sewer system determinations on prohibited discharges; grease/oil/grit interceptor requirements; wastewater sampling methodology approvals. • Authorization of grading and erosion control measures outside standard specifications when warranted by site conditions.
DISCUSSION: URGENT NEED
Legally Mandated Engineering Authority. Many approvals and determinations listed above must be performed by a California-licensed City Engineer. Delays impede subdivision, housing, public infrastructure plan checks, encroachment permitting, and acceptance of improvements.
Economic Development & Housing. Active and anticipated projects—including subdivision activity, Housing Element and General Plan updates, and potential Mill Site progress—require timely engineering and planning leadership to avoid schedule, cost impacts, and regulatory oversight by State agencies such as Housing and Community Development.
Capital Projects & Risk Management. Capital Improvement Program delivery requires an overseeing engineer for scoping, design review, contract and construction management, and standards. Traffic engineering duties directly affect roadway safety and liability.
FISCAL IMPACT:
No additional appropriation is requested. Salary and benefits for the position are included in the adopted budget. Recruitment will reduce some reliance on higher-cost contract engineering and some planning consultant services and support timely processing of fee-generating development activity.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Business Agenda Item 5b
• Deny the exception – Not recommended. This would delay legally required approvals, slow development processing, increase consultant costs, and impede capital projects. • Delay recruitment until freeze is lifted – Not recommended. The City’s statutory engineering obligations and operational needs require immediate action.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions
2. Open Public Comment
3. Close Public Comment
4. Motion to approve an exception to the hiring freeze for the Community Development Director/City Engineer position and begin the recruitment and appointment process. Roll Call vote.
ATTACHMENTS:
A. Community Development Director / City Engineer Job Announcement (for reference)
CITY OF FORTUNA
EMPLOYMENT OPPORTUNITY
COMMUNITY DEVELOPMENT DIRECTOR / CITY ENGINEER
Full-time, with benefits | FLSA Exempt | At-Will
SALARY: DOQ/DOE
APPLICATION: Please apply online at www.governmentjobs.com by creating an account and submitting your application to the City of Fortuna.
FINAL FILING DATE: Open Until Filled (First review: [Insert Date])
DEFINITION
Under administrative direction of the City Manager, plans, organizes, directs, and reviews the functions and activities of the City’s Community Development Department and performs the statutory and administrative duties of the City Engineer. Oversees planning, zoning, building and housing programs; leads engineering for public infrastructure; reviews and approves subdivision and development plans; and performs related work as required. Work is performed with extensive latitude for independent judgment and initiative.
DISTINGUISHING CHARACTERISTICS
This is a full-time, executive management position responsible for the functions of Community Development and Engineering. Work is typically performed in an office environment with periodic field work, including site visits and inspections, which may occur in inclement weather.
SPECIAL CHARACTERISTICS
• This position is “At-Will”; employment may be terminated by either the employee or the City at any time, with or without cause.
• This position is classified as FLSA Exempt under the Executive (Managerial/Supervisory) exemption.
ESSENTIAL FUNCTIONS – COMMUNITY DEVELOPMENT
• Overall administrative responsibility for long-range policy and program development, including planning, zoning, building inspection, housing programs, redevelopment, and general community development activities.
• Provide professional technical direction and guidance in the formulation of planning and community development programs; prepare and present recommendations to the City Council, Planning Commission, and other boards and commissions. • Maintain liaison with citizen groups, businesses, regional and county planning partners; establish and maintain effective public relations.
• Develop and administer the department budget; oversee grants and contracts; ensure compliance with applicable laws and regulations, including CEQA. • Supervise, evaluate, and develop staff; foster a high-performance, service-oriented culture.
• Serve as professional advisor to the City Manager, City Council, Planning Commission and other bodies on planning and community development matters.
ESSENTIAL FUNCTIONS – CITY ENGINEER
• Provide professional engineering approval and expertise where required by statute • Provide professional mentorship and supervision of staff seeking professional engineering credentials
• Approve or condition subdivision tentative maps; approve parcel and final maps; determine survey monument requirements; and approve subdivision improvement plans and cost/security instruments.
• Develop and maintain public improvement standards and specifications; review and approve engineering plans, specifications, and estimates; perform or oversee final inspections and acceptance of public improvements.
• Serve as Traffic Engineer (or manage consultant), including traffic safety analysis, signal timing, and recommendations to improve traffic conditions; determine parking time zones and loading zones within the right-of-way.
• Review and approve encroachment permits and site-specific traffic control plans; enforce minimum requirements for public right-of-way access and ADA considerations. • Authorize special approvals for grading and erosion control measures outside established standards when warranted by site conditions.
ADDITIONAL MANAGEMENT FUNCTIONS
• In coordination with Public Works
• Provide engineering expertise in the planning, development, and delivery of the City’s Capital Improvement Programs
• Manage consulting and construction contracts, project budgets, schedules, and quality control.
• Coordinate land use, infrastructure, and permitting to ensure development readiness and maintenance-aware approvals.
• Attend and present at City Council and commission meetings; prepare reports and recommendations on community development and engineering matters.
MINIMUM QUALIFICATIONS
Education & Experience
• Bachelor’s degree in Civil Engineering, Urban/Regional Planning, Public Administration, or a closely related field. A Master’s degree in Planning, Public Administration, or related field is desirable.
• Seven (7) years of increasingly responsible professional experience in municipal planning, development services, and/or civil engineering, including three (3) years in a supervisory or management capacity.
• An equivalent combination of education and experience sufficient to successfully perform the essential duties of the job may be considered.
Licenses & Certifications
• Valid registration as a Professional Engineer (PE) in the State of California in Civil Engineering, or the ability to obtain California registration within six (6) months of appointment.
• Valid California Class “C” Driver’s License and acceptable driving record. • AICP certification is highly desirable.
Knowledge, Skills, and Abilities
• Principles and practices of civil engineering, municipal planning, zoning, subdivision, site development, and building code administration.
• Applicable federal, state, and local laws and regulations related to land use and development, including CEQA and accessibility standards. • Project management, contract administration, budgeting, procurement, and grant management.
• Effective communication, public presentations, consensus-building, and customer service in a public agency environment.
ESSENTIAL PHYSICAL ABILITIES
• Sufficient clarity of speech, hearing, and vision to communicate effectively and review a wide variety of materials in electronic and hard-copy formats. • Sufficient manual dexterity to operate a computer, telephone, and related equipment; ability to lift, move, or maneuver materials as necessary to perform job duties. • Sufficient mobility to visit various worksites, attend meetings, and conduct field inspections; ability to sit or stand for extended periods.
BENEFITS SUMMARY
The City offers a comprehensive benefits package including CalPERS retirement, medical, dental, vision, life insurance, paid vacation, sick leave, and holidays. Deferred compensation plans are available. Detailed benefits information is available from Human Resources and in the applicable MOUs.
EQUAL OPPORTUNITY & REASONABLE ACCOMMODATION
The City of Fortuna is an Equal Opportunity Employer. The City makes reasonable accommodation for qualified individuals with disabilities in accordance with applicable laws. Applicants requiring accommodation during any phase of the process should notify the City Manager’s Office by the final filing date.
THE COMMUNITY
Fortuna is a small rural community located in the heart of the redwoods along the Eel River, approximately 20 miles south of Eureka. Residents enjoy quality rural living with yearround outdoor recreation and access to nearby higher education institutions.
Business Agenda Item 5c
STAFF REPORT
Business Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Authorize the Execution of Two Purchase and Sale Agreements for Acquisition of 7.2 Acres at 1320 Riverwalk Drive and Approximately 236 Acres in the Eel River Corridor; Adoption of Related CEQA Findings, Resolutions 2026-04 and 2026-05
STAFF RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt the Resolution 2026-04 approving the Agreement of Purchase and Sale and Joint Escrow Instructions with Troy Elbert Land and Trudy Marilyn Ehmke for the acquisition of approximately 7.2 acres at 1320 Riverwalk Drive (Portion of APN 200-362-005-000) through the California River Parkways Grant Program and adopt the related CEQA categorical exemptions (Class 16 and Class 25).
2. Adopt the Resolution 2026-05 approving the Agreement of Purchase and Sale and Joint Escrow Instructions with the same sellers for the acquisition of approximately 236 acres in the unincorporated area of Humboldt County (Portion of APN 200-362-005-000 and APNs 106-091-040-000, 106-091-030-000, and 106-091-044-000) conditioned upon receipt of grant funding from the California Coastal Conservancy, and adopt the related CEQA categorical exemption (Class 25).
BACKGROUND:
The City of Fortuna has long sought to improve public access to the Eel River corridor, preserve riparian habitat, and expand opportunities for open space, recreation, and natural resource stewardship through the purchase of property along the Lower Eel River.
7.2-Acre Property (Riverwalk Drive)
The 7.2-acre parcel at 1320 Riverwalk Drive is unimproved riparian land adjacent to the Eel River.
Acquisition aligns with the City’s parks and natural resources goals and is fully funded through the California River Parkways Grant Program (Grant Agreement No. R86202-0). 236-Acre Property (Eel River Corridor Lands)
The larger 236-acre assemblage consists of multiple parcels within unincorporated Humboldt County. These lands provide critical habitat, open space preservation, and potential long-term public access opportunities consistent with regional conservation objectives. The acquisition is Business Agenda Item 5c
conditioned on successful award of grant funding from the California Coastal Conservancy sufficient to cover the fair market value purchase price.
There is a public benefit for both acquisitions and these included but are not limited to:
• Protect sensitive riparian and open-space environments. • Support long-term ecological conservation.
• Expand or enable future public access to the Eel River. • Are aligned with the City’s parks, recreation, and natural resource priorities.
DISCUSSION:
Purchase terms for both agreements include:
• Purchase price based on independent appraisal.
• A $10,000 deposit.
• Due diligence periods, inspections, and standard contingencies. • Requirements for lot line adjustment or parcel confirmation, CEQA compliance, and State agency review.
The 236-acre PSA includes added requirements:
• Funding contingency ensuring no General Fund contribution is made toward the purchase price.
• Requirement that the City ultimately transfer long-term ownership or stewardship to a qualified conservation organization (“Conservancy Steward”).
CEQA Compliance
7.2-acre parcel:
Categorically exempt under:
• CEQA Guidelines §15316 – Class 16 (Acquisition of Land for Park Purposes) • CEQA Guidelines §15325 – Class 25 (Transfers of Interests in Land to Preserve Open Space)
236-acre property:
Categorically exempt under:
• CEQA Guidelines §15325 – Class 25 (Preservation of Open Space and Habitat) For both acquisitions, staff confirms that none of the exceptions to categorical exemptions (CEQA Guidelines §15300.2) apply.
Following Council approval, the City Clerk will file Notices of Exemption with the Humboldt County Clerk.
FISCAL IMPACT:
7.2-acre parcel:
Funded entirely by the California River Parkways Grant Program with in-kind staff time General Fund contribution.
236-acre acquisition:
City’s obligation to close escrow is conditioned on receiving grant funding from the California Business Agenda Item 5c
Coastal Conservancy in an amount equal to or exceeding fair market value. If funding is insufficient, the agreement may be terminated without penalty with no General Fund expenditure.
The initial $10,000 deposit can come from Park Acquisition funds and should be reimbursable through grant funds upon completion of the sale.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions
2. Open Public Comment
3. Close Public Comment
4. A. Motion to adopt Resolution 2026-04 and read by title only. Roll Call vote.
B. Motion to adopt Resolution 2026-05 and read by title only. Roll Call vote.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
• Approve both resolutions (recommended).
• Approve only one resolution (not recommended; PSAs are mutually contingent). • Decline to approve the resolutions (City would forgo grant-funded acquisition and associated public benefits).
ATTACHMENTS:
• Resolution 2026-04 A Resolution of the City Council of the City of Fortuna, California, Authorizing the City Manager to Execute an Agreement of Purchase and Sale and Joint Escrow Instructions with Troy Elbert Land and Trudy Marilyn Ehmke for the Acquisition of Approximately 7.2 Acres of Unimproved Real property Located at 1320 Riverwalk Drive, Fortuna, California(Portion of APN 200-362-005-000) Through the California River Parkways Grant Program (Grant Agreement No. R86202-0); Adopting CEQA Categorical Exemption Findings Under Guidelines §§ 15316 and 15325; and Making Related Findings and Authorizations
• Purchase Sales Agreement for 7.2 Acre Property with Exhibits • Resolution 2026-05 A Resolution of the City Council of the City of Fortuna, California, Authorizing the City Manager to Execute an Agreement of Purchase and Sale and Joint Escrow Instructions with Troy Elbert Land and Trudy Marilyn Ehmke for the Acquisition of Approximately 236 Acres of Unimproved Real Property in the Unincorporated Area of Humboldt County (Portion of APN 200-362-005-000 and APNs 106-091-040-000, 106- 091-030-000, and 106-091-044-000) Through the California Coastal Conservancy Grant Program, Conditioned Upon Receipt of Grant Funding at or in Excess of Fair Market Value; Authorizing Designation of a Conservancy Steward to Hold and Manage the Property; Adopting a CEQA Class 25 Categorical Exemption Finding (CEQA Guidelines § 15325); and Making Related Findings and Authorizations • Purchase Sales Agreement for Remainder Property with Exhibits RESOLUTION NO. 2026-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS
WITH TROY ELBERT LAND AND TRUDY MARILYN EHMKE FOR THE
ACQUISITION OF APPROXIMATELY 7.2 ACRES OF UNIMPROVED REAL PROPERTY LOCATED AT 1320 RIVERWALK DRIVE, FORTUNA,
CALIFORNIA(PORTION OF APN 200-362-005-000) THROUGH THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM (GRANT AGREEMENT NO. R86202-0);
ADOPTING CEQA CATEGORICAL EXEMPTION FINDINGS UNDER GUIDELINES §§ 15316 AND 15325; AND MAKING RELATED FINDINGS AND AUTHORIZATIONS
RECITALS
WHEREAS, the City of Fortuna ("City") is a municipal corporation duly organized and existing under the laws of the State of California, with the authority to acquire and hold real property for public purposes pursuant to California Government Code section 37350 et seq.; and WHEREAS, Troy Elbert Land and Trudy Marilyn Ehmke (collectively, "Seller") are the owners of certain unimproved real property consisting of approximately 7.2 acres, located at 1320 Riverwalk Drive, Fortuna, California 95540, being a portion of Humboldt County Assessor's Parcel Number 200-362-005-000, as depicted in Exhibit A1 and legally described in Exhibit A2 to the Agreement (the "Property"); and
WHEREAS, the City has determined that acquisition of the Property serves a public purpose by preserving open space and providing access to the Eel River corridor consistent with the City's goals for parks, trails, and natural resource protection; and WHEREAS, the City is purchasing the Property through the California River Parkways Grant Program – Propositions 50 and 68, as administered by the State of California Natural Resources Agency, pursuant to Grant Agreement No. R86202-0; and WHEREAS, the City staff has negotiated an Agreement of Purchase and Sale and Joint Escrow Instructions (the "Agreement") with Seller, setting forth the terms and conditions for the City's acquisition of the Property, including: (i) a purchase price to be established at fair market value as determined by a licensed real property appraiser mutually selected by the parties; (ii) a deposit of Ten Thousand Dollars ($10,000.00); (iii) a due diligence and inspection period; (iv) contingencies for appraisal, State Department of General Services approval, lot split or lot line adjustment, CEQA compliance, and concurrent closing of the separately executed agreement for the remaining portions of APN 200-362-005-000 and adjoining parcels ("Remainder PSA"); and (v) such other terms and conditions as are set forth in the Agreement; and WHEREAS, concurrently herewith, the City Council is also considering approval of the Remainder PSA with Seller for the acquisition of the remaining portion of APN 200-362-005-000 and certain adjoining parcels, the closing of which is a condition to closing under the Agreement; and
WHEREAS, the City Council has reviewed the Agreement and finds that the acquisition of the Property is in the best interests of the City and its residents; and WHEREAS, the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000 et seq., and the CEQA Guidelines, 14 California Code of Regulations section 15000 et seq., require the City to consider the environmental effects of its discretionary actions; and WHEREAS, the Property is unimproved land situated along the Eel River corridor within the City of Fortuna, is in a natural condition, and the City's acquisition of the Property is for the purpose of creating public access to the Eel River corridor as a river parkway consistent with the California River Parkways Grant Program; and
WHEREAS, the City Council finds that the acquisition of the Property is categorically exempt from CEQA pursuant to CEQA Guidelines section 15316 (Class 16 – Acquisition of Land for Park Purposes), which exempts acquisition of land in order to create parks where the site is in a natural condition; the Property is unimproved riparian land in a natural condition, and the acquisition will cause no physical change to the environment; provided that any future park development or improvements on the Property shall be subject to separate CEQA review at that time; and
WHEREAS, the City Council finds in the alternative that the acquisition is also categorically exempt pursuant to CEQA Guidelines section 15325 (Class 25 – Transfers of Ownership of Interests in Land to Preserve Open Space), which exempts transfers of ownership to preserve open space and habitat; the acquisition will preserve riparian open space and natural habitat along the Eel River, and the transfer of ownership will cause no physical change to the environment; and
WHEREAS, the City Council further finds that none of the exceptions to categorical exemptions set forth in CEQA Guidelines section 15300.2 apply to this acquisition: (a) the Property is not located on a site listed on any hazardous waste site list compiled pursuant to Government Code section 65962.5; (b) the project does not have a reasonable possibility of a significant effect on the environment due to unusual circumstances; (c) the project will not cause a significant cumulative impact when viewed in connection with past and reasonably foreseeable future projects; (d) the project will not damage scenic resources within a state scenic highway; and (e) the project does not involve a historical resource; and
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fortuna hereby approves the Agreement of Purchase and Sale and Joint Escrow Instructions by and between the City of Fortuna, as Buyer, and Troy Elbert Land and Trudy Marilyn Ehmke, as Seller, for the acquisition of approximately 7.2 acres of unimproved real property located at 1320 Riverwalk Drive, Fortuna, California (Portion of APN 200-362-005-000), in substantially the form presented to the City Council, with such non-material modifications as the City Manager and City Attorney may approve.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Agreement on behalf of the City, and to execute all ancillary documents, escrow instructions, certifications, and other instruments as may be necessary or appropriate to effectuate the purchase of the Property in accordance with the terms of the Agreement.
BE IT FURTHER RESOLVED that the City Manager is hereby further authorized to take such actions, execute such documents, and make such expenditures as are necessary to fulfill the City's obligations under the Agreement, including, without limitation, delivery of the deposit, satisfaction of contingencies, and cooperation with the State Department of General Services and the State of California Natural Resources Agency as required under the California River Parkways Grant Program (Grant Agreement No. R86202-0).
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to approve non-material amendments to the Agreement as may be reasonably required during the escrow period, provided that any material modification shall be returned to the City Council for approval.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines that the acquisition of the Property is categorically exempt from CEQA pursuant to CEQA Guidelines section 15316 (Class 16 – Acquisition of Land for Park Purposes), and in the alternative pursuant to CEQA Guidelines section 15325 (Class 25 – Transfers of Ownership of Interests in Land to Preserve Open Space), and that none of the exceptions to categorical exemptions set forth in CEQA Guidelines section 15300.2 apply. Any future park development or improvements on the Property shall be subject to separate CEQA review. The City Clerk is hereby directed to cause a Notice of Exemption to be filed with the Humboldt County Clerk within five (5) working days of the adoption of this Resolution, in accordance with CEQA Guidelines section 15062 and Public Resources Code section 21167(d).
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to attest to this Resolution and to take all steps necessary to certify its adoption.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Fortuna at a regular meeting thereof held on the _____ day of _________________, 2026, by the following vote:
AYES: Council Members: _______________________________________________ NOES: Council Members: _______________________________________________ ABSENT: Council Members: _______________________________________________ ABSTAIN: Council Members: _______________________________________________ _________________________________ ____________________________________ Mayor Mike Johnson, City of Fortuna City Clerk Siana L. Emmons, City of Fortuna Date: ___________________ Date: _____________________
APPROVED AS TO FORM:
_________________________________
Ryan T. Plotz
City Attorney, City of Fortuna
Buyer’s Initials:__________; Seller’s Initials: __________
AGREEMENT OF PURCHASE AND SALE AND
JOINT ESCROW INSTRUCTIONS
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Agreement”) is made as of the day of ____________, 2026 (the “Effective Date”), by and between Troy Elbert Land and Trudy Marilyn Ehmke (“Seller”), and the City of Fortuna, a municipal corporation (“Buyer”).
RECITALS
A. WHEREAS, Seller is the owner of certain unimproved real property located in the incorporated area of the City of Fortuna, County of Humboldt, State of California, consisting of a portion of real property measuring approximately 7.2 acres depicted in Exhibit A1, attached hereto, which is a portion of the real property commonly known as 1320 Riverwalk Drive, Fortuna, CA 95540 (Portion of Humboldt County APN 200-362- 005-000), and fully described on Exhibit A2, attached hereto (the portion described in Exhibit A1 is referred to herein as the “Property”).
B. WHEREAS, Seller desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Seller, all on the terms and conditions of this Agreement.
C. WHEREAS, pursuant to that separate AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS between Buyer and Seller, Seller has agreed to sell to Buyer and Buyer has agreed to purchase from Seller, the remaining portion of APN 200-362-005-000, plus certain adjoining parcels held by Seller, under the terms and condition of the separate agreement (“Remainder PSA”). The sale of the Property is contingent on Buyer’s purchase of the Remainder PSA, which purchase shall be performed simultaneously with the close of escrow of the herein Property.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows:
AGREEMENT
1. PURCHASE AND SALE. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, on the terms and conditions hereinafter set forth in this Agreement.
2. PURCHASE PRICE. The total purchase price for the Property shall be determined pursuant to subsection “a”, below, and payable by Buyer to Seller as set forth in sub-sections “b” and “c”, below. (a) Purchase Price. The purchase price for the Property shall mean the fair market value of the Property as determined by a licensed real property appraiser, mutually selected by the Parties hereto, which appraiser shall value the property and prepare a report (“Valuation Report”) in accordance with those Combined Coastal Conservancy and Department of General Services (DGS) Environmental Appraisal Specifications, a copy of which is attached hereto as Exhibit B.
(i) Upon actual receipt of the Valuation Report, either party shall have a period of thirty (30) calendar days to review the Valuation Report and, if desired, send written notice of the Party’s objection to the appraised value (“Objection Notice”).
Buyer’s Initials:__________; Seller’s Initials: __________ (ii) In the event Buyer or Seller sends a timely Objection Notice, the parties shall meet in good faith to resolve the objection. If the parties are unable to agree on the conclusion in the Valuation Report as the Purchase Price within fifteen (15) days after the Objection notice is sent, Buyer or Seller may elect to terminate this Agreement by providing written notice to the other party, in which case all deposits made by Buyer shall be refunded in full, and neither party shall have any further obligations under this Agreement.
(iii) If neither Party sends a timely Objection nor terminates this Agreement in accordance with sub-subsection “ii”, above, the appraised value shall be deemed the Purchase Price.
(b) Within fifteen days (15) business days after the Effective Date, Buyer shall deliver to Escrow Holder (as defined in Paragraph 12.1 below), the amount of Ten Thousand Dollars ($10,000.00) (the “Deposit”) by good check or wire transfer of immediately available funds. Five Thousand Dollars ($5,000.00) of the Deposit shall be deemed to constitute the irrevocable property of Seller upon deposit into Escrow (the “Non-Refundable Portion of Deposit”) except as set forth in Section 4.2, below. The Non-Refundable Portion of Deposit shall be deemed to constitute consideration for Buyer’s option to terminate this Agreement at any time during the term of the Inspection Period (as defined in Section 4.1 of this Agreement, below). The Seller expressly deems the NonRefundable Portion of Deposit to constitute adequate consideration in support of the enforceability of this Agreement, in its entirety, in accord with the adequacy of consideration principles discussed in Steiner v. Thexton, 48 Cal. 4th 411 (2010).
(c) The balance of the Purchase Price (i.e., the Purchase Price less the Deposit) shall be deposited in Escrow by Buyer prior to Close of Escrow for delivery to Seller by way of wire transfer of immediately available funds at the Close of Escrow.
(d) All costs and expenses incurred for or related to the preparation of the Valuation Report shall be paid exclusively by the Buyer. The appraiser will notify Tory Land of when all site visits will occur so he can participate and observe.
(e) The Valuation Report shall provide separate values for the property east of the River being acquired by the City, the property under and west of the River and the mineral value of each of these components.
The mineral values shall be determined by someone who is qualified and has experience in valuing aggregate extraction property.
(f) The map attached as Exhibt A depicts a hatched area between parcels 6 and 2, with the notion “Hatched Area Not Described in 2008-28504-5.” Parcels 6 and 2 are a portion of the Property. The hatched area is the location of the Eel River at the time of subdivision of the Township and was not subject to patent. The Valuation Report shall determine the values of the hatched area based on the likelihood that the Eel River moved from this location to its present location by gradual and natural movement so that the hatched area accreted to the Sellers’ parcel on the west side of the hatched area and Seller’s would own this area and would not own the present bed of the Eel River.
(g) The portion of the Property adjoining property owned by the City has been paved with estimated 16 parking places installed. The Valuation Report should include the value of these improvements as part of the
Buyer’s Initials:__________; Seller’s Initials: __________ value of the Property. If any of the improved parking is determined to be located on the Eel River dike and on the area appraised as a part of the West Side, this value shall be added to the Valuation Report for that portion of the property.
(h) This property includes what Seller has described as a fully permitted well with a 12” casing. The Valuation Report should include a review of this issue and a determination of the value of this improvement to the Property.
(i) This Property includes what Seller has described as the only legal easement over the Army Corp of Engineers dike from its east side to the Eel River. The Valuation Report should include a review of this issue and a determination of the value of this improvement to the Property.
3. TITLE / SURVEY.
3.1 Title. Title to the Property shall be conveyed to Buyer upon the Close of Escrow by a Grant Deed with title to the Property evidenced by the commitment of the Escrow Holder to issue a standard ALTA policy of title insurance with liability in the amount of the Purchase Price showing title to the Property vested in Buyer (“Title Commitment”). Within thirty (30) days of the Effective Date, Seller and Buyer shall order a preliminary title report (“Preliminary Report”) from a national title insurance company of Buyer’s choice (“Title Company”), together with copies of all exceptions and the documents supporting exceptions shown in such Preliminary Report.
Within sixty (60) days of receipt of the Preliminary Report, Buyer shall review the Preliminary Report and notify Seller in writing (the “Title Objection Notice”) of any title exceptions to which Buyer objects (“Title Objections”).
Within five (5) business days of receipt of the Title Objection Notice (“Seller’s Title Response Date”), Seller shall notify Buyer as to which Title Objections, if any, Seller will cure prior to Close of Escrow (as defined in Paragraph
12.2 below). All monetary liens/encumbrances affecting the Property shall be deemed objected to by Buyer without further Title Objection Notice and Buyer shall be deemed to have agreed to have them paid at Close of Escrow. If Seller does not timely respond to the Title Objection Notice, then Seller shall be deemed to have elected to cure no Title Objections. If Seller does not elect to cure all Title Objections prior to Close of Escrow, then, at the option of Buyer, Buyer may (i) terminate this Agreement by providing written notice of such termination to Seller prior to 5:00 p.m. Pacific Time on the date that is five (5) business days following Seller’s Title Response Date, or (ii) proceed to close and take title subject to such Title Objections. In the event of termination as provided herein, the Deposit shall be returned to Buyer, Buyer shall pay all the escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement. Any exceptions to title to which Buyer does not object or which Seller does not agree to cure shall be deemed “Permitted Exceptions.”
3.2 Survey. Prior to the expiration of the Inspection Period, if elected by Buyer in Buyer’s discretion, Buyer shall obtain a current survey of the Property (or any portion of it selected for survey by Buyer) (the “Survey”), at Buyer’s sole cost and expense, and deliver to Seller a written statement (the “Survey Objection Notice”) of any matters disclosed by the Survey to which Buyer objects (the “Survey Objections”). Within five (5) business days following Seller’s receipt of the Survey Objection Notice (“Seller’s Survey Response Date”), Seller shall notify Buyer as to which Survey Objections Seller elects to cure prior to Close of Escrow. If Seller does not timely respond to the Survey Objection Notice, then Seller shall be deemed to have elected to cure no Survey Objections. If Seller does not elect to cure all Survey Objections prior to Close of Escrow, then, at the option of Buyer, Buyer may (i) terminate this Agreement by providing written notice of such termination to Seller prior to 5:00 p.m. Pacific Time on the date that is five (5) business days following Seller’s Survey Response Date, or (ii) proceed to close and take title subject to such Survey Objections. In the event of termination as provided herein, the refundable portion of the
Buyer’s Initials:__________; Seller’s Initials: __________ Deposit shall be returned to Buyer, Buyer shall pay the escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement. All survey matters to which Buyer does not object or which Seller does not agree to cure shall be deemed Permitted Exceptions.
4. CONTINGENCIES.
4.1 Buyer's obligation to purchase the Property is subject to the following contingencies described in subparagraphs (a) through (g) below in this Paragraph 4.1 (“Contingencies”). Each and all of the following Contingencies are for the sole benefit of Buyer and may be waived or deemed satisfied by Buyer in Buyer's sole and absolute discretion.
(a) Inspection/Due Diligence Contingency. Buyer's inspection and examination of the Condition of the Property (as defined in Paragraph 9.1 below). Buyer shall have access to the Property at reasonable times and shall have the right to conduct, at Buyer's expense, environmental investigations and such other studies with respect to the Condition of the Property as Buyer may desire. Subject to Buyer’s right to extend, as stated below, Buyer shall have until 5:00 p.m. Pacific Time on the date which is one hundred and eighty (180) days following the Effective Date (the “Inspection Period”), to conduct such tests and studies, and to give written notice to Seller of any conditions unacceptable to Buyer. Buyer shall hold and save Seller harmless from and against any and all loss, cost, damage, liability, injury or expense, arising out of or in any way related to damage to property, injury to or death of persons, or the assertion of lien claims caused by such entry, inspection and implementation of environmental investigations and other studies with respect to the Condition of the Property. If Buyer elects to terminate this Agreement by reason of failure of the Contingency set forth in this subparagraph (a), Buyer shall promptly upon such election deliver to Seller all written reports, studies and information prepared by third parties for Buyer which pertain to the Condition of the Property. Notwithstanding the foregoing, Buyer shall have the right, by providing written notice to Seller before the date which is ninety (90) days following the Effective Date, to extend the inspection period by an additional ninety (90) days in the event that (i) Buyer is unable to obtain a Title Commitment or (ii) Seller has not cured the Title Objections it has agreed to cure. (b) Additional Lien Contingency. No new liens or encumbrances shall exist against the Property other than the Permitted Exceptions.
(c) Appraisal Contingency. A written appraisal of the Property by a licensed or certified appraiser shall be obtained in accordance with Section 2(a), above. Buyer shall have until 5:00 p.m. Pacific Time on the date which is one hundred and twenty (120) days following the Effective Date (the “Appraisal Contingency Period”), to obtain such an appraisal.
(d) Concurrent Closing Contingency. Buyer shall purchase the real property that is the subject of the Remainder PSA from Seller and the closing of Buyer’s purchase of the Property and the real property that is the subject of the Remainder PSA shall occur simultaneously. The contingency set forth in this paragraph shall remain in place up to the time of Close of Escrow to ensure simultaneous Closing. In the event that closing of the Property cannot occur because of a delay or other circumstances involving the closing of the real property that is the subject of the Remainder PSA, Buyer shall have the right to extend the closing of the Property for up to an additional thirty (30) days upon written notice to Seller.
(e) State Department of General Services Approval Contingency. Buyer and Seller agree and acknowledge that Buyer is purchasing the Property through the California River Parkways Grant Program – Proposition 50 & 68, as administrated by the State of California Natural Resources Agency (Grant Agreement
Buyer’s Initials:__________; Seller’s Initials: __________ No. R86202-0). Buyer shall obtain approval from the State Department of General Service and the State of California Natural Resources Agency as a condition of the Closing. Seller agrees to cooperate with Buyer, the State Department of General Service, and State of California Natural Resources Agency as it relates to the processing and approval of the acquisition of the Property. The contingency set forth in this paragraph shall remain in place up to the time of Closing.
(f) Lot Split Contingency. A lot split, lot line adjustment, or minor subdivision and/or parcel map shall be approved whereby the Buyer can acquire the portion of APN 200-362-005-000 separately from the Property described in the Remainder PSA. The lot split, lot line adjustment, or minor subdivision and/or parcel map shall be completed concurrent with or subsequent to the close of escrow. (g) CEQA. Buyer’s compliance with the California Environmental Quality Act and expiration of any applicable statute of limitations regarding the same prior to Closing. The contingency set forth in this paragraph shall remain in place up to the time of Close of Escrow.
4.2 If Buyer disapproves of the satisfaction of any Contingency within the applicable time period provided above, Buyer's sole remedy shall be to terminate this Agreement and Seller shall have no obligation to remedy any Contingency which Buyer disapproves. If this Agreement terminates as a result of the failure of the satisfaction of any of the Contingencies other than the contingencies recited in Section 4.1(b), above, all sums (other than the Non-Refundable Portion of Deposit which shall remain the property of the Seller) and documents deposited in Escrow shall be returned to the parties who respectively deposited the same, and Buyer shall pay the Escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement. If this Agreement terminates as a result of the failure of the satisfaction of the Contingencies recited in Section 4.1(b), above, all sums (including the NonRefundable Portion of Deposit which shall be returned to Buyer) and documents deposited in Escrow shall be returned to the parties who respectively deposited the same, and Buyer shall pay all of the Escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement.
4.3 If Buyer fails to give written notice to Seller of its disapproval of any Contingency within the respective applicable time limit set forth above in Paragraph 4.1, it shall conclusively be deemed that Buyer has waived such Contingency and such Contingency shall conclusively be deemed satisfied.
5. EXCHANGE. Buyer and Seller acknowledge that Seller shall have the right to cause this Agreement to be modified so that Seller may effectuate an exchange under the Internal Revenue Code of 1954, and the California Revenue and Taxation Code. Seller shall exercise its right to modify this Agreement by giving Buyer written notice by no later than thirty (30) calendar days prior to the date scheduled for the close of Escrow. Buyer shall bear no additional cost, expense or liability (whether actual or contingent) as a result of the exchange transaction and shall not be required to take title to any other property as part of such exchange transaction. If the parties to this Agreement are unable to agree as to the terms of the modification of this Agreement to allow Seller to exchange the Property on or before the Close of Escrow, the Close of Escrow shall take place as if the Seller had not exercised its right to exchange the property for other property.
6. REPRESENTATIONS AND WARRANTIES BY SELLER.
6.1 Seller makes the representations and warranties in this Paragraph 6, each and all of which shall survive any and all inquiries and investigations made by Buyer and shall survive the Close of Escrow and recordation of the Grant Deed, up to a period of four (4) years.
Buyer’s Initials:__________; Seller’s Initials: __________
6.1.1 The individual(s) signing this Agreement on behalf of Seller has the power and authority to enter into this Agreement and to consummate the transactions contemplated hereby.
6.1.2 To the best of Seller's knowledge, neither the entering into this Agreement nor the performance of any of Seller's obligations under this Agreement will violate the terms of any contract, agreement or instrument to which Seller is a party.
6.1.3 Definition of “Day.” Any reference to a number of days herein, unless otherwise specifically stated, is a reference to calendar days. If a party is required to complete the performance of an obligation under this Agreement by a date certain or within a fixed number of days and such a date or last day is a Saturday, Sunday or Federal bank holiday (collectively, a Nonbusiness Day), then the date for the completion of such performance will be the next succeeding day that is not a Nonbusiness Day.
6.1.4 Seller has not been served (by means of formal, legal service of process as required by law) or formally notified in writing by any governmental or quasi-governmental authority (i) that the Property or any adjoining property, contains or may contain any “Hazardous Materials” in violation of any “Environmental Regulations” (as those terms are defined in this Paragraph 6.1.3, below); or (ii) that the Seller has stored, used or maintained Hazardous Materials or suffered, permitted, allowed or acquiesced in any storage, use or maintenance of Hazardous Materials on, in or under the Property in violation of any Environmental Regulations. As used in this Agreement, the terms “Environmental Regulations” and “Hazardous Materials” shall have the following meanings:
(a) “Environmental Regulations” shall mean all applicable statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, and similar items, of all governmental agencies, departments, commissions, boards, bureaus or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial and administrative and regulatory decrees, judgments and orders relating to the protection of human health or the environment, including, without limitation: (i) all requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, releases or threatened releases of Hazardous Materials, whether solid, liquid or gaseous in nature, into the air, surface water, groundwater or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials, whether solid, liquid or gaseous in nature; and (ii) all requirements pertaining to the protection of the health and safety of employees or the public. (b) “Hazardous Materials” shall mean (i) any flammables, explosive or radioactive materials, hazardous wastes, toxic substances or related materials including, without limitation, substances defined as “hazardous substances,” “hazardous materials”, “toxic substances” or “solid waste” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq.; the Toxic Substances Control Act, 15 U.S.C., Section 2601 et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901 et seq.; and in the regulations adopted and publications promulgated pursuant to said laws; (ii) those substances listed in the United States Department of Transportation Table (49 C.F.R. 172.101 and amendments thereto) or by the Environmental Protection Agency (or any successor agency) as hazardous substances (40 C.F.R. Part 302 and amendments thereto); (iii) those substances defined as “hazardous wastes,” “hazardous substances” or “toxic substances” in any similar federal, state or
Buyer’s Initials:__________; Seller’s Initials: __________ local laws or in the regulations adopted and publications promulgated pursuant to any of the foregoing laws or which otherwise are regulated by any governmental authority, agency, department, commission, board or instrumentality of the United States of America, the State of California or any political subdivision thereof, (iv) any pollutant or contaminant or hazardous, dangerous or toxic chemicals, materials, or substances within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders) relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, all as amended; (v) petroleum or any by-products thereof; (vi) any radioactive material, including any source, special nuclear or byproduct material as defined at 42 U.S.C. Sections 2011 et seq., as amended, and in the regulations adopted and publications promulgated pursuant to said law; (vii) asbestos in any form or condition; and (viii) polychlorinated biphenyls.
6.1.5 Until the Close of Escrow, the Property will continue to be operated in substantially the same manner as operated as of the Effective Date. Seller will not do or cause anything to be done that would change, alter or modify the operation of the Property without the prior written consent of Buyer.
6.1.6 Seller has neither engaged nor dealt with any broker or finder in connection with the sale contemplated by this Agreement. Seller shall pay, and shall hold Buyer harmless from and against, any commission or finder's fee payable to any agent or broker who represents or claims to represent Seller.
6.1.7 Seller will not alter the physical condition of the Property from and after the date of this Agreement, reasonable wear and tear excepted. If, through no fault of Seller, the physical condition of the Property is different on the date scheduled for the Close of Escrow as of the date of this Agreement, the terms and conditions of Paragraph 6.2, below shall apply.
6.1.8 On or before the fifteenth (15th) day following the Effective Date, Seller shall disclose to Buyer in writing and provide Buyer all information actually known to Seller which may be reasonably necessary to evaluate the condition or market desirability of the Property, other than matters that would be obvious and apparent to Buyer from a limited inspection of the property.
6.1.9 Seller is not aware of any claim or and has not received any notification from any person or entity claiming any right, title, or interest in and to the Property by way of adverse possession or other prescriptive rights. Seller, during the period of its ownership of the Property, has no knowledge of any uses made of the Property by any the person or entity without Seller’s express permission. The City of Fortuna is using a portion of the Property for parking.
6.2 If, prior to the Close of Escrow, new events have occurred which were beyond the control of Seller and which render any previously true representation or warranty untrue, Seller shall, within three (3) days thereafter, disclose those matters by written notice to Buyer. Buyer shall have ten (10) days after the earlier of (i) such disclosure; or (ii) Buyer's independent discovery that such representation or warranty has become untrue, to elect, in its sole and absolute discretion, and as its sole remedy, by written notice to Seller within said ten (10) day period, whether (1) to purchase the Property or (2) terminate this Agreement. If Buyer elects to terminate this Agreement pursuant to this Paragraph 6.2, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate this Agreement and all sums and documents deposited in Escrow (other than the Non-Refundable Portion of Deposit) shall be returned to the parties who deposited the same and Buyer shall pay Escrow costs. If Buyer fails to notify Seller and Escrow Holder of its election to terminate this Agreement within
Buyer’s Initials:__________; Seller’s Initials: __________ said ten (10) day time period provided above, Buyer shall be deemed to have accepted the modified representations and warranties and elected to purchase the Property.
6.3 Other than those express representations and warranties contained in Paragraphs 6.1 through 6.2 of this Agreement, above, Seller makes no warranty or representation, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, and all such other warranties are expressly disclaimed.
6.4 Except to the extent Seller has made a specific representation and warranty with respect thereto, no document or information provided by Seller to Buyer shall constitute a representation as to the completeness or accuracy of such documents or information.
7. REPRESENTATIONS AND WARRANTIES BY BUYER.
7.1 Buyer makes the following representations and warranties in this Paragraph 7, each and all of which shall survive any and all inquiries and investigations made by Seller and shall survive the Close of Escrow and recordation of the Grant Deed, up to a period of four years.
7.1.1 Buyer has neither engaged nor dealt with any broker or finder in connection with the sale contemplated by this Agreement. Buyer shall pay any commission or finder’s fee payable to any other party who represents or claims to represent Buyer.
7.1.2 Buyer is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of California, and has the power and authority to enter into this Agreement and to consummate the transactions contemplated hereby. The Buyer, and the specific, individual parties signing this Agreement on behalf of Buyer represent and warrant that the parties signing this Agreement on behalf of the Buyer have the full legal power, authority and right to execute and deliver this Agreement.
7.1.3 Buyer has made or will make its own investigation concerning the Condition of the Property (as said term is defined in Paragraph 9.1 of this Agreement, below), the condition of title or any other matter pertaining to the Property, and, other than the specific representations and warranties made by Seller pursuant to Paragraphs 6.1 through 6.2 of this Agreement, above, Buyer is not relying on any representations, warranties or inducements of Seller or Seller's broker with respect to the Condition of the Property.
8. “AS-IS” SALE; ASSUMPTION OF RESPONSIBILITIES.
8.1 “As Is” Sale. Buyer and its representatives, prior to the Close of Escrow, will have been afforded the opportunity to make such inspections of the Property and matters related thereto as Buyer and its representatives desire, including, without limitation, governmental laws and regulations and actions to which the Property is subject, and Buyer shall accept the Property upon the basis of its review and determination of the applicability and effect of such laws and regulations (the “Condition of the Property”). Buyer acknowledges and agrees that the Property is to be sold and conveyed to and accepted by Buyer in an “AS IS” condition with all faults. Except for those limited representations and warranties stated in Paragraphs 6.1 through 6.4 of this Agreement, above, Seller does not make any representations or warranties, oral or written, past, present or future,
Buyer’s Initials:__________; Seller’s Initials: __________ of any kind whatsoever, either express or implied with respect to either the Property or the condition, value, or quality of the Property
9. LIQUIDATED DAMAGES. IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE
PROPERTY AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, IT IS AGREED THAT THE DEPOSIT ACTUALLY MADE PURSUANT TO PARAGRAPH 2(a) OF THIS AGREEMENT (I.E., $ 10,000.00 USD) SHALL BE NON-REFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH
DEPOSIT, WHICH AMOUNTS SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND
NOT AS A PENALTY AND (TOGETHER WITH THE RIGHT TO RECEIVE ATTORNEYS' FEES AS PROVIDED IN THIS AGREEMENT) SHALL BE SELLER'S SOLE AND EXCLUSIVE REMEDY. IT IS
AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ. BUYER AND SELLER
AGREE THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT
MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR
WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE
COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE SELLER'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS PARAGRAPH 10, BUYER AND SELLER AGREE TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW:
Initials:
BUYER SELLER
10. BUYER'S RIGHT TO COMPEL SPECIFIC PERFORMANCE. In the event of any breach or violation of this Agreement by Seller, Buyer expressly reserves the right to seek specific performance of the sale and conveyance of the Property to Buyer, without limitation on any and all other rights and remedies available to Buyer at law or in equity.
11. ESCROW AND CLOSING.
11.1 As soon as possible after the Effective Date, Buyer and Seller shall open an escrow for the purpose of consummating the purchase and sale contemplated by this Agreement (“Escrow”) by depositing an executed copy of this Agreement with ___________________ at __________________________ (“Escrow Holder”). This Agreement shall constitute escrow instructions to Escrow Holder. Seller and Buyer shall, promptly upon request by Escrow Holder, execute such additional escrow instructions as may be reasonably required by Escrow Holder, including Escrow Holder's standard printed conditions and stipulations with respect to escrows concerning the purchase and sale of real property; provided, however, that if there is any conflict between the provisions of this Agreement and the provisions of any such additional instructions, the provisions of this Agreement shall prevail.
Upon delivery to Escrow of a fully executed copy of this Agreement by both parties, Escrow shall be deemed opened on the terms and conditions set forth in this Agreement.
11.2 Escrow shall close, and the Grant Deed shall be recorded in the Office of the County Recorder of Humboldt County, California on or before the date which is sixty (60) days following the expiration of the Inspection Period (“Close of Escrow”).
Buyer’s Initials:__________; Seller’s Initials: __________
11.3 Within the time set forth below, or if none is specified, prior to the Close of Escrow, Seller shall deliver to Escrow Holder, or if so indicated, to Buyer, the following documents and items:
(a) At least one (1) day prior to the Close of Escrow, the duly executed and acknowledged Grant Deed. (b) At least one (1) day prior to Close of Escrow, Seller shall deliver such certifications, declarations or other documents as may be required under Internal Revenue Code §1445 and California Revenue and Tax Code §18662, together with any and all other documents required by law pertaining to foreign or out-of-state sellers.
11.4 Buyer shall deliver to Escrow Holder prior to the Close of Escrow the following documents and items:
(a) The balance of the cash portion of the Purchase Price set forth in Paragraph 2(c), together with an additional sum sufficient to cover Buyer's closing costs as set forth in Paragraph 12.7.1 , below.
11.5 On the Close of Escrow, the Escrow Holder shall record the Grant Deed and shall deliver the monies and instruments to which each party is entitled pursuant to this Agreement, only when the Title Company is in a position to issue its ALTA policy of title insurance subject only (i) to the Permitted Exceptions; and (ii) Title Company's standard pre-printed exceptions, with liability in the amount of the Purchase Price, showing title to the Property vested in Buyer (or as designated by Buyer) (“Title Policy”).
11.6 Upon Close of Escrow, the Property shall be delivered to Buyer subject only to the Permitted Exceptions and the following items, documents and monies shall be delivered to the parties by Escrow Holder as set forth below:
(a) To Seller: the cash portion of the Purchase Price as set forth in Paragraph 2(b), reduced by the amount of Seller's closing costs as set forth in Paragraph 12.7.1, below . (b) To Buyer: the Title Policy.
11.7 Upon Close of Escrow, Escrow and title charges shall be paid in the manner provided below.
11.7.1 Buyer shall pay:
(a) All recording fees; and
(b) The cost of any and all documentary transfer tax or stamps or other sales tax; and (c) Escrow fees; and
(d) The cost of the Title Policy.
11.8 If Escrow fails to close as a result of the default of this Agreement by a party, the defaulting party shall pay all title and escrow charges; provided, however, that nothing in this Paragraph 12.8 shall be deemed to limit, and the provisions of this Paragraph 12.8 shall be in addition to, all other rights and remedies of the nondefaulting party pursuant to this Agreement.
Buyer’s Initials:__________; Seller’s Initials: __________ .
12. PRORATIONS AND POST-CLOSING OBLIGATIONS.
12.1 Prorations shall be made as of the Close of Escrow. All prorations shall be made on the basis of a thirty (30) day month and shall be paid in cash to Seller if it is entitled thereto, or shall be credited against the cash portion of the Purchase Price if Buyer is entitled thereto. Such prorations shall be made by Escrow Holder on the basis of a statement(s) approved by Buyer and Seller and deposited into the Escrow prior to the Close of Escrow. The date used for prorations is hereinafter referred to as the “Proration Date.” (a) All real estate taxes and all personal property taxes due and owing as of the Proration Date, and all penalties and interest thereon, shall be paid by Seller. Current real estate taxes, special assessments and personal property taxes which are not yet due and owing shall be prorated based upon the most recent tax bill, so that the portion of current taxes allocable to the period from the beginning of such tax year through the Proration Date shall be charged to and paid by Seller and the portion of the current taxes allocable to the portion of such tax year from the Proration Date to the end of such tax year shall be charged to and paid by Buyer. Proration of taxes and assessments shall be final as of the Proration Date, regardless of the amount of taxes or assessments that actually are, or subsequently become, due.
(b) Expenses of operating the Property (other than insurance premiums, taxes and utility charges) which were prepaid by Seller for a period beyond the Proration Date.
12.2 Buyer shall be responsible for obtaining and paying for utility services from and after Close of Escrow.
15. DAMAGE OR DESTRUCTION PRIOR TO CLOSE OF ESCROW.
If the Property, or any portion thereof, is damaged or destroyed prior to the Close of Escrow from any cause whatsoever, whether an insured risk or not, including but not limited to, fire, flood, accident or other casualty which, according to the Buyer's and Seller's best estimate, would cost more than Fifty Thousand Dollars ($50,000.00) to repair, Buyer shall have the option, upon written notice to Seller, to either (i) terminate this Agreement, or (ii) purchase the Property. If Buyer elects to terminate this Agreement, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate and Escrow Holder shall thereupon promptly return all documents, items and monies in its possession to the party who shall have deposited same with Escrow Holder. In the event of such termination, Buyer shall pay the Escrow fees. Should any damage or destruction occur prior to the Close of Escrow, the date scheduled for the Close of Escrow shall be extended for a period of time not to exceed thirty (30) days, for the purpose of allowing Buyer and Seller sufficient time to estimate the cost of repair. If Buyer fails to notify Seller of its election under this Paragraph 14, Buyer shall be deemed to have elected to purchase the Property.
16. EMINENT DOMAIN.
16.1 The words “condemnation” or “condemned” as used in this Paragraph 15 shall mean the exercise of, or intent to exercise, the power of eminent domain expressed in writing, as well as the filing of any action or proceeding for such purpose, by any person, entity, body, agency or authority having the right or power of eminent domain (the “condemning authority”).
Buyer’s Initials:__________; Seller’s Initials: __________
16.2 If Seller receives written notice from a condemning authority advising of a condemnation of all or any portion of the Property (“Condemnation Notice”), Seller shall immediately advise Buyer of same in writing and deliver therewith a copy of the Condemnation Notice. Within ten (10) days after Buyer's receipt of the Condemnation Notice, Buyer shall notify Seller of its election to either (i) terminate this Agreement and the Escrow or (ii) purchase the Property. If Buyer elects to terminate this Agreement, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate this Agreement and Escrow Holder shall thereupon promptly return all documents, items and monies in its possession to the party who shall have deposited same with Escrow Holder. In the event of such termination, Buyer shall pay the Escrow fees. If Buyer elects to purchase the Property, Seller shall transfer to Buyer at the Close of Escrow all proceeds from condemnation or Seller's right to receive all such proceeds. If Buyer fails to notify Seller of its election under this Paragraph 15, Buyer shall be deemed to have elected to purchase the Property.
17. SURVIVAL OF CLOSE OF ESCROW. All representations, warranties, covenants, conditions, agreements and obligations contained in or relating to this Agreement shall, except as expressly stated in this Agreement, survive the Close of Escrow and the recordation of the Grant Deed and shall not merge therein unless specifically stated otherwise in this Agreement.
18. NOTICES. All notices to be given pursuant to this Agreement shall be either (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) overnight courier (such as Federal Express, DHL, etc.); (iv) by electronic scan and transfer by e-mail; or (v) by telecopy transmittal. If sent via certified or registered mail, receipt shall be deemed effective forty-eight (48) hours after being deposited in the United States mail. If sent via telecopy transmission, a confirming copy shall be sent to the sender, and receipt of the telecopy transmittal shall be deemed effective at the time the telecopy is transmitted from the location where the transmission originates. If sent via overnight courier, receipt shall be deemed effective twenty-four (24) hours after the sending thereof. If sent via electronic scan and transfer by e-mail, receipt shall be deemed effective at the time the e-mail correspondence is transmitted from the location where the transmission originates; if the electronic scan and transfer by e-mail occurs on a Saturday, Sunday or Holiday (recognized by the California State Legislature), the transmission will not be deemed delivered until the next following business day. All notices to be given pursuant to this Agreement shall be given to the parties at the following respective address.
To Seller: Troy Land
5130 Mill Street
Fortuna, CA 95540
Trudy Ehmke
1113 West White Road
Spokane, WA 99224
With copy to: Richard Smith
The Harland Law Firm, LLP
212 G Street, Suite 201
Eureka, CA 95501
To Buyer: City of Fortuna
Attn: City Manager
621 11th Street
Fortuna, CA 95540
Buyer’s Initials:__________; Seller’s Initials: __________ Telephone: (707) 668-5655
Facsimile: (707) 668-5916
Email: [email protected]
With copy to: Ryan T. Plotz
The Mitchell Law Firm, LLP
426 First Street
Eureka, CA 95501
E-mail: [email protected]
19. ENTIRE AGREEMENT. This Agreement, and the Exhibits attached hereto, represent the entire Agreement between the parties in connection with the transactions contemplated hereby and the subject matter hereof and this Agreement supersedes and replaces any and all prior and contemporaneous agreements, understandings and communications between the parties, whether oral or written, with regard to the subject matter hereof. There are no oral or written agreements, representations or inducements of any kind existing between the parties relating to this transaction which are not expressly set forth herein. This Agreement may not be modified except by a written agreement signed by both Buyer and Seller. Without limiting the foregoing, Buyer and Seller expressly acknowledge and agree that they have not relied on any written or oral statements made by the other party's real estate broker in entering into this Agreement.
20. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, legal representatives, administrators, successors in interest and assigns.
21. WAIVER. No waiver by any party at any time of any breach of any provision of this Agreement shall be deemed a waiver or a breach of any other provision herein or a consent to any subsequent breach of the same or another provision. If any action by any party shall require the consent or approval of another party, such consent or approval of such action on any one occasion shall not be deemed a consent to or approval of such action on any subsequent occasion or a consent to or approval of any other action.
22. CAPTIONS AND HEADINGS. The captions and paragraphs numbers appearing in this Agreement are inserted only as a matter of convenience and do not define, limit, construe, or describe the scope or intent of this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same instrument. Electronic scan signatures and/or facsimile signatures shall be deemed to constitute originals.
24. GOVERNING LAW. This Agreement has been prepared, negotiated and executed in, and shall be construed in accordance with, the laws of the State of California. Any action or proceeding relating to or arising out of this Agreement shall be filed, if a State action, in the Superior Court of the State of California for the County of Humboldt, or if a Federal action, in the District of the United States District Court in which the Property is located.
25. ATTORNEYS FEES. If either party named herein brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action (or proceeding), on trial or appeal, shall be entitled to its reasonable attorneys' fees to be paid by the losing party as fixed by the Court.
Buyer’s Initials:__________; Seller’s Initials: __________
26. TIME OF ESSENCE. Time is of the essence with respect to all matters contained in this Agreement.
27. DATE OF AGREEMENT. All references in this Agreement to the “Effective Date”, “the date of this Agreement” or “the date hereof” shall be deemed to refer to the date set forth in the first paragraph of this Agreement.
28. INVALIDITY OF ANY PROVISION. If any provision (or any portion of any provision) of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction under present or future laws effective during the term of this Agreement, the legality, validity, and enforceability of the remaining provisions (or the balance of such provision) shall not be affected thereby.
29. NO RECORDATION. Buyer shall not record this Agreement, any memorandum of this Agreement, any assignment of this Agreement, or any other document which would cause a cloud on the title to the Property.
30. DRAFTING OF AGREEMENT. Buyer and Seller acknowledge that this Agreement has been negotiated at arm's length, that each party has been represented by independent counsel and that this Agreement has been drafted by both parties and no one party shall be construed as the draftsperson.
31. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the sole benefit of Buyer and Seller and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
32. INCORPORATION OF EXHIBITS. Each and all of the exhibits attached to this Agreement are incorporated herein as if set forth in full in this Agreement.
SIGNATURE PAGE TO FOLLOW
Buyer’s Initials:__________; Seller’s Initials: __________ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth in the first paragraph of this Agreement.
SIGNATURES
SELLER:
_________________________________________________
Troy Elbert Land
________________________________________________
TRUDY MARILYN EHMKE
BUYER: City of Fortuna
BY:
AMY NILSEN, CITY MANAGER
SCHEDULE OF EXHIBITS
Exhibit A1 Depiction of Portion of Property to be Conveyed Exhibit A2 Legal Description of Property
Exhibit B Combined Coastal Conservancy and Department Of General Services (DGS) Environmental Appraisal Specifications
Buyer’s Initials:__________; Seller’s Initials: __________ Exhibit A1 Depiction of Portion of Property to be Conveyed [EXHIBIT FOLLOWS THIS PAGE]
Buyer’s Initials:__________; Seller’s Initials: __________ Exhibit A2 Legal Description of Property
For APN/Parcel ID(s): 200-362-005
Real property in the unincorporated area of the County of Humboldt, State of California, described as follows:
PARCEL ONE
A portion of the Southwest Quarter of the Southwest Quarter of Section 2, and a portion of Lot 3 of Section 3, all in Township 2 North, Range 1 West, Humboldt Meridian, being more particularly described as a whole, as follows:
BEGINNING on the East line of the Southwest Quarter of the Southwest Quarter of said Section 2, at a point distant thereon 2 rods South from the Northeast corner thereof; thence West, along the South line of that certain strip of land 2 rods wide, as described in the deed from William Burnett to Thomas Deveshire, recorded January 7, 1874 in Book O of Deeds at page 99, and along any Westerly prolongation of said South line to the West line of said Lot 3; thence Southerly along the West line of said Lot 3, to the South line of said Section 3; thence East, along the South lines of said Sections 3 and 2, respectively to the Southeast corner of said Southwest Quarter of Southwest Quarter of Section 2;
thence North, along the East line of said Southwest Quarter of Southwest Quarter of Section 2, to the point of beginning.
1515 Clay Street, 10
th Floor
Oakland, California 94612-1401
510•286•1015 Fax: 510•286•0470
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
COMBINED COASTAL CONSERVANCY AND
DEPARTMENT OF GENERAL SERVICES (DGS)
ENVIRONMENTAL APPRAISAL SPECIFICATIONS
The appraisal must be completed and signed by a State of California Certified General Real Estate Appraiser who certifies that the appraisal is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) as currently adopted by the Appraisal Standards Board of the Appraisal Foundation.
The principal appraiser who is responsible for developing the appraisal report must certify that he/she has inspected the subject property and comparable properties whenever physically possible. The following specifications are required when applicable to the assignment:
1. Title page with sufficient identification of appraisal project.
2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value, date of report, etc.
3. Table of contents.
4. Assumptions and Limiting Conditions.
5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.
6. Definition of Fair Market Value as follows: “The most probable price which a property should bring in a competitive and open market under all conditions requisite to a sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus.”
7. Photographs of subject property and comparable data, including significant physical features and the interior of structural units if applicable.
8. Copies of assessor’s plat maps with the subject parcels marked and an assemblage of all contiguous assessor’s parcels that depicts the ownership.
9. A legal description of the subject property if available.
Exhibit B
Coastal Conservancy—Appraisal Specifications Page 2
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
10. For large, remote, or inaccessible parcels, aerial photographs or topographical maps depicting the subject boundaries.
11. Three-year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.
12. Discussion of any current agreement of sale, option, or listing of subject. This issue requires increased diligence since State agencies often utilize nonprofit organizations to quickly acquire sensitive-habitat parcels using option agreements. However, due to confidentiality clauses, the terms of the option are often not disclosed to the State. If the appraiser discovers evidence of an option, or the possible existence of an option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client. Current DGS policy requires disclosure of any option or purchase agreement. If the agreement is not made available, DGS will not review the appraisal.
13. Regional, area, and neighborhood analyses.
14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area (or other areas of competition), and a discussion of the relevant market factors affecting demand for site acquisition and leasing within the relevant market area.
15. Discussion of subject land/site characteristics (size, topography, current use, zoning and land-use issues, development entitlements, General Plan designations, utilities, offsite improvements, access, easements and restrictions, flood and earthquake information, toxic hazards, taxes and assessments, etc.).
16. Description of subject improvements, including all structures, square footage, physical age, type of construction, quality of construction, condition, site improvements, etc.
17. Subject leasing and operating cost history.
18. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use. Such support typically requires a discussion of the four criteria or tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash-flow, and risk factors leading to an ultimate highest and best use decision.
19. All approaches to market value applicable to the property type and in the subject market.
Explain and support the exclusion of any usual approaches to value.
20. Map(s) showing all comparable properties in relation to subject property.
21. Photographs and plat maps of comparable properties.
Coastal Conservancy—Appraisal Specifications Page 3
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
22. In-depth discussion of comparable properties, similarities and differences, and comparisons and adjustments to the comparable data, and discussion of the reliability and credibility of the data as they relate to the indicated subject property value.
23. Comparable data sheets: 1) For sales, include information on grantor/grantee, sale/recordation dates, listed or asking price as of date of sale, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. 2) For listings, also include market time from list date to effective date of the appraisal, original list price, changes in list price, and broker feedback, if available. 3) For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source.
24. Discussion of construction cost methodology, data source used, costs included and excluded, depreciation methodology, a discussion of accrued depreciation from all causes, and remaining economic life.
25. Copies of construction cost data, including section and pages of cost manual (date of estimate or date of publication of cost manual must be provided if not indicated on page), copies of cost estimate if provided from another source, and supporting calculations including worksheets or spreadsheets.
26. In partial take situations, a discussion of special benefit and severance damage.
27. Effect of title exceptions on fair market value. A PRELIMINARY TITLE REPORT MUST BE INCLUDED IN THE APPRAISAL REPORT. The preliminary title report should predate the effective date of the appraisal by no more than one year.
28. Reconciliation and final value estimate. Explain and support conclusions reached.
29. Discussion of any departures taken in the development of the appraisal.
30. Signed Certification consistent with language found in USPAP.
In addition to the above:
31. The appraiser shall investigate whether the appraised property is subject to implied dedications, prescriptive rights, occupancy rights, or other unrecorded easements as described in Sections 801 to 813, inclusive, and Sections 1006 to 1009, inclusive, of the Civil Code. (Regarding implied dedications, see, for example, Gion v. City of Santa Cruz (1970), 2 Cal.3d 29.) The appraisal report shall state the appraiser’s conclusions as to the existence of any such interests and detail the factual basis for the conclusions and the appraiser’s opinion as to the effect of any such interests on market value.
32. The property owner or a designated representative shall be offered the opportunity to accompany the appraiser during the appraiser's inspection of the property. The appraiser Coastal Conservancy—Appraisal Specifications Page 4
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y shall include a statement in the appraisal that on a certain date the owner or the designated representative was given the opportunity to accompany the appraiser and either accepted or declined. If accepted, the appraiser shall indicate the date on which the property was inspected with the owner or the representative.
33. If the appraiser's investigation or the preliminary title report reveals any information related to the public trust, the appraiser shall contact the State Lands Commission to determine the effect on the value of the property. The appraiser shall include in the appraisal report all pertinent facts and the appraiser's conclusion as to the effect, if any, on market value.
34. In the course of the appraiser's investigation of the property and review of related documents, the appraiser shall look for evidence of hazardous substances. The appraiser shall include in the appraisal report all facts and suspicions related to hazardous substances on the property. If the appraiser knows or can calculate the effect of such hazardous substances on value, the appraiser shall discuss these facts and the appraiser's conclusions in the appraisal report.
35. In the course of the appraiser's investigation of the property and review of related documents, the appraiser shall review the Local Coastal Program (or Plan), the Land-Use Plan, and other documents as appropriate to determine whether they delineate the approximate location or size of any sensitive areas on the property, including, but not limited to, riparian areas, wetlands, habitat for species recognized under federal or state endangered species acts, or Environmentally Sensitive Habitat Areas. The appraiser shall note any identified or obvious wetlands (whether or not referred to in any document as listed on the National Wetland Inventory of the U.S. Fish and Wildlife Service).
Additionally, the appraiser shall note references to existing conservation easements and areas subject to agricultural protection, whether or not under the Williamson Act. The appraiser shall include in the appraisal report all facts and suspicions related to the existence of such areas on the property. If the appraiser knows or can calculate the effect of the existence such areas or designations on value, the appraiser shall discuss these facts and the appraiser's conclusions in the appraisal report.
36. If the property’s valuation is based on its development potential, the appraisal shall include the following: (a) verifiable data on the development potential of the land; (b) a description of what would be required for a development project to proceed, such as legal entitlements and infrastructure needs; and (c) presentation of evidence that sufficient demand exists, or is likely to exist in the future, to provide market support for the development.
37. An appraisal report that includes more than nominal value for specialty interests shall include a separate valuation prepared and signed by a certified or registered professional qualified in the field of specialty interest. This valuation shall be reviewed and approved by a second qualified, certified or registered professional, considered by the appraiser, and appended to the appraisal report. "Specialty interests" means those partial property interests that may exist on a property and that can require specialized knowledge and experience to value, including, but not limited to, timber, water, minerals, or carbon credits.
38. On and after January 1, 2015, a landowner shall not be named as a co-client of the appraiser or firm preparing the appraisal. A landowner, however, may contribute to the costs of the appraisal and be identified as an intended user of the appraisal.
Coastal Conservancy—Appraisal Specifications Page 5
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39. If the appraised property is acquired by the State or with funding from the State, the appraisal report will be subject to review by the public after close of escrow.
40. If the appraisal is of a “major acquisition” (i.e., an acquisition for which one or more State agencies propose to spend more than $15,000,000 of State funds), the appraisal report will be subject to review by the State Department of General Services as well as an independent appraiser retained by the State. The independent review report will be made available for public review not less than 30 days before an acquisition agency holds a public hearing for the purpose of authorizing the acquisition of the appraised property.
41. If applicable, in addition to the above, appraisals of telecommunications sites must also provide:
• A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors affecting demand for site acquisition and leasing within the relevant market area.
• An analysis of other (ground and vault) leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities, access, and road maintenance costs.
42. On occasions where properties involve personal property, business interests, water rights, minerals, or merchantable timber, separate valuations may be necessary. If the appraiser determines that there are such property interests or rights requiring a separate valuation, the appraiser shall notify his/her client. The client may choose to modify the appraisal request to include a separate valuation by an appropriate credentialed subject matter specialist. In such cases, the appraisal package submitted to DGS for review shall include the real estate appraisal and a separate valuation of the personal property, business interests, water rights, minerals, or merchantable timber by a credentialed subject matter specialist, together with a review of this separate appraisal/valuation by a second credentialed subject matter specialist.
Questions regarding these appraisal specifications may be directed to Prentiss Williams, Coastal Conservancy, at (510) 286-3773 or [email protected].
Revised 12/19/12.
RESOLUTION NO. 2026-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS
WITH TROY ELBERT LAND AND TRUDY MARILYN EHMKE FOR THE
ACQUISITION OF APPROXIMATELY 236 ACRES OF UNIMPROVED REAL
PROPERTY IN THE UNINCORPORATED AREA OF HUMBOLDT COUNTY
(PORTION OF APN 200-362-005-000 AND APNs 106-091-040-000, 106-091-030-000, AND 106-091-044-000) THROUGH THE CALIFORNIA
COASTAL CONSERVANCY GRANT PROGRAM, CONDITIONED UPON RECEIPT OF GRANT FUNDING AT OR IN EXCESS OF FAIR MARKET VALUE;
AUTHORIZING DESIGNATION OF A CONSERVANCY STEWARD TO HOLD AND MANAGE THE PROPERTY; ADOPTING A CEQA CLASS 25 CATEGORICAL EXEMPTION FINDING (CEQA GUIDELINES § 15325); AND MAKING
RELATED FINDINGS AND AUTHORIZATIONS
RECITALS
WHEREAS, the City of Fortuna ("City") is a municipal corporation duly organized and existing under the laws of the State of California, with the authority to acquire and hold real property for public purposes, including property situated outside the City's boundaries, pursuant to California Government Code section 37350 et seq.; and WHEREAS, Troy Elbert Land and Trudy Marilyn Ehmke (collectively, "Seller") are the owners of certain unimproved real property consisting of approximately 236 acres situated in the unincorporated area of the County of Humboldt, State of California, being a portion of Humboldt County Assessor's Parcel Number 200-362-005-000 and the entirety of Humboldt County Assessor's Parcel Numbers 106-091-040-000, 106-091-030-000, and 106-091-044-000, as depicted in Exhibit A1 and legally described in Exhibit A2 to the Agreement (the "Property"); and WHEREAS, the Property is unimproved riparian land situated along the Eel River corridor, and the City's acquisition of the Property serves a public purpose by preserving open space, wildlife habitat, and public access to the Eel River consistent with the City's goals for parks, natural resource protection, and regional conservation; and WHEREAS, the City is pursuing funding for the acquisition of the Property through the California Coastal Conservancy Grant Program, which supports the preservation of coastal and riparian open space, habitat, and public access; and
WHEREAS, the City's obligation to proceed with the acquisition of the Property is expressly conditioned upon the City's receipt of grant funding from the California Coastal Conservancy in an amount at or in excess of the fair market value of the Property as established by the appraisal required under the Agreement, such that no City general fund expenditure is required for the purchase price; and
WHEREAS, it is the City's intent, consistent with the conditions and requirements of the California Coastal Conservancy grant, that fee title to the Property not be retained by the City in the long term, but rather that fee title be conveyed to, or that the Property be managed and stewarded by, a qualified conservation organization ("Conservancy Steward") capable of holding and managing the Property in perpetuity consistent with the purposes of the grant and applicable open space and habitat conservation requirements; and
WHEREAS, the City staff has negotiated an Agreement of Purchase and Sale and Joint Escrow Instructions (the "Agreement") with Seller, setting forth the terms and conditions for the City's acquisition of the Property, including: (i) a purchase price to be established at fair market value as determined by a licensed real property appraiser mutually selected by the parties; (ii) a deposit of Ten Thousand Dollars ($10,000.00); (iii) a due diligence and inspection period; (iv) contingencies for inspection, parcel confirmation, appraisal, State Department of General Services and California Coastal Conservancy approval and funding, lot split or lot line adjustment, CEQA compliance, title insurance, and concurrent closing of the separately executed agreement for the
7.2-acre portion of APN 200-362-005-000; and (v) such other terms and conditions as are set forth in the Agreement; and
WHEREAS, concurrently herewith, the City Council is also considering approval of a separate Agreement of Purchase and Sale and Joint Escrow Instructions for the acquisition of approximately 7.2 acres of unimproved real property at 1320 Riverwalk Drive (Portion of APN 200-362-005-000) through the California River Parkways Grant Program, the closing of which is a condition to closing under this Agreement; and
WHEREAS, the City Council has reviewed the Agreement and finds that the acquisition of the Property, conditioned upon receipt of sufficient Coastal Conservancy grant funding, is in the best interests of the City and its residents; and
WHEREAS, the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000 et seq., and the CEQA Guidelines, 14 California Code of Regulations section 15000 et seq., require the City to consider the environmental effects of its discretionary actions; and WHEREAS, the Property is unimproved riparian and open-space land along the Eel River corridor in Humboldt County, and the City's acquisition of the Property is for the purpose of preserving open space, wildlife habitat, and natural resources through the California Coastal Conservancy Grant Program; and
WHEREAS, the City Council finds that the acquisition of the Property is categorically exempt from CEQA pursuant to CEQA Guidelines section 15325 (Class 25 – Transfers of Ownership of Interests in Land to Preserve Open Space), which exempts transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources; the acquisition here is expressly for open space preservation and riparian habitat protection, the Property is unimproved and will not be developed as a result of this acquisition, and the transfer of ownership will cause no physical change to the environment; and
WHEREAS, the City Council further finds that none of the exceptions to categorical exemptions set forth in CEQA Guidelines section 15300.2 apply to this acquisition: (a) the Property is not located on a site listed on any hazardous waste site list compiled pursuant to Government Code section 65962.5; (b) the project does not have a reasonable possibility of a significant effect on the environment due to unusual circumstances; (c) the project will not cause a significant cumulative impact when viewed in connection with past and reasonably foreseeable future projects; (d) the project will not damage scenic resources within a state scenic highway; and (e) the project does not involve a historical resource; and WHEREAS, the CEQA contingency set forth in Section 4.1(h) of the Agreement will be satisfied upon the City's filing of a Notice of Exemption with the Humboldt County Clerk and expiration of the applicable 35-day statute of limitations period under Public Resources Code section 21167(d).
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fortuna hereby approves the Agreement of Purchase and Sale and Joint Escrow Instructions by and between the City of Fortuna, as Buyer, and Troy Elbert Land and Trudy Marilyn Ehmke, as Seller, for the acquisition of approximately 46.58 acres of unimproved real property in the unincorporated area of the County of Humboldt (Portion of APN 200-362-005-000 and APNs 106-091-040-000, 106-091-030-000, and 106-091-044-000), in substantially the form presented to the City Council, with such non-material modifications as the City Manager and City Attorney may approve.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Agreement on behalf of the City, and to execute all ancillary documents, escrow instructions, certifications, and other instruments as may be necessary or appropriate to effectuate the purchase of the Property in accordance with the terms of the Agreement.
BE IT FURTHER RESOLVED that notwithstanding the foregoing authorization, the City's obligation to close escrow under the Agreement is expressly conditioned upon the City's receipt of a grant award from the California Coastal Conservancy in an amount at or in excess of the fair market value of the Property as established by the appraisal obtained pursuant to Section 2(a) of the Agreement; in the event that grant funding is not awarded in a sufficient amount, the City Manager is authorized to terminate the Agreement pursuant to the applicable contingency provisions and without further action of the City Council.
BE IT FURTHER RESOLVED that the City Council hereby declares its intent that the City shall not retain fee title to the Property in the long term following close of escrow, and that the City Manager is authorized and directed to identify, evaluate, and select a qualified conservation organization to serve as Conservancy Steward, and to negotiate and execute such agreements, deeds, or other instruments as may be necessary to transfer fee title to, or otherwise vest long-term stewardship responsibility for, the Property in the Conservancy Steward, consistent with the conditions and requirements of the California Coastal Conservancy grant and applicable law; provided that any such transfer of fee title shall be subject to City Council approval if required by applicable law or grant conditions.
BE IT FURTHER RESOLVED that the City Manager is hereby further authorized to take such actions, execute such documents, and make such expenditures as are necessary to fulfill the City's obligations under the Agreement, including, without limitation, delivery of the deposit, satisfaction of contingencies, and cooperation with the State Department of General Services and the California Coastal Conservancy as required under the Coastal Conservancy Grant Program.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to approve non-material amendments to the Agreement as may be reasonably required during the escrow period, provided that any material modification shall be returned to the City Council for approval.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines that the acquisition of the Property is categorically exempt from CEQA pursuant to CEQA Guidelines section 15325 (Class 25 – Transfers of Ownership of Interests in Land to Preserve Open Space), and that none of the exceptions to categorical exemptions set forth in CEQA Guidelines section 15300.2 apply. The City Clerk is hereby directed to cause a Notice of Exemption to be filed with the Humboldt County Clerk within five (5) working days of the adoption of this Resolution, in accordance with CEQA Guidelines section 15062 and Public Resources Code section 21167(d).
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to attest to this Resolution and to take all steps necessary to certify its adoption.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Fortuna at a regular meeting thereof held on the _____ day of _________________, 2025, by the following vote:
AYES: Council Members: _______________________________________________ NOES: Council Members: _______________________________________________ ABSENT: Council Members: _______________________________________________ ABSTAIN: Council Members: _______________________________________________ _________________________________ _________________________________ Mayor Mike Johnson, City of Fortuna Siana L. Emmons City Clerk, City of Fortuna Date: ___________________ Date: ___________________
APPROVED AS TO FORM:
_________________________________
Ryan T. Plotz
City Attorney
Buyer’s Initials:__________; Seller’s Initials: __________
AGREEMENT OF PURCHASE AND SALE AND
JOINT ESCROW INSTRUCTIONS
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Agreement”) is made as of the day of ____________, 2026 (the “Effective Date”), by and between Troy Elbert Land and Trudy Marilyn Ehmke (“Seller”), and the City of Fortuna, a municipal corporation (“Buyer”).
RECITALS
A. WHEREAS, Seller is the owner of certain unimproved real property located within in the unincorporated area of the County of Humboldt, State of California depicted in Exhibit A1, attached hereto consisting of an approximate 46.58-acre portion of Humboldt County APN 200-362-005-000, and the entirety of Humboldt County APNs 106-091-040-000, 106-091-030-000, and 106-091-044-000, and fully described on Exhibit A2, attached hereto (the “Property”).
B. WHEREAS, Seller desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Seller, all on the terms and conditions of this Agreement.
C. WHEREAS, pursuant to that separate AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS between Buyer and Seller, Seller has agreed to sell to Buyer and Buyer has agreed to purchase from Seller, the remaining portion of APN 200-362-005-000, consisting of approximately 7.2 acres, under the terms and condition of the separate agreement (“Remainder PSA”). The sale of the Property is contingent on Buyer’s purchase of the Remainder PSA, which purchase shall be performed simultaneously with the close of escrow of the herein Property.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows:
AGREEMENT
1. PURCHASE AND SALE. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, on the terms and conditions hereinafter set forth in this Agreement.
2. PURCHASE PRICE. The total purchase price for the Property shall be determined pursuant to subsection “a”, below, and payable by Buyer to Seller as set forth in sub-sections “b” and “c”, below. (a) Purchase Price. The purchase price for the Property shall mean the fair market value of the Property as determined by a licensed real property appraiser, mutually selected by the Parties hereto, which appraiser shall value the property and prepare a report (“Valuation Report”) in accordance with those Combined Coastal Conservancy and Department Of General Services (DGS) Environmental Appraisal Specifications, a copy of which is attached hereto as Exhibit B. The appraiser shall be instructed to send the Valuation Report to Buyer and Seller simultaneously.
(i) Upon actual receipt of the Valuation Report, either party shall have a period of thirty (30) calendar days to review the Valuation Report and, if desired, send written notice of the Party’s objection to the appraised value (“Objection Notice”).
Buyer’s Initials:__________; Seller’s Initials: __________ (ii) In the event Buyer of Seller sends a timely Objection Notice, the parties shall meet in good faith to resolve the objection. If the parties are unable to agree on the conclusion in the Valuation Report as the Purchase Price within fifteen (15) days after the Objection notice is sent, Buyer or Seller may elect to terminate this Agreement by providing written notice to the other party, in which case all deposits made by Buyer shall be refunded in full, and neither party shall have any further obligations under this Agreement.
(iii) If neither Party sends a timely Objection nor terminates this Agreement in accordance with sub-subsection “ii”, above, the appraised value shall be deemed the Purchase Price.
(b) Within fifteen days (15) business days after the Effective Date, Buyer shall deliver to Escrow Holder (as defined in Paragraph 12.1 below), the amount of Ten Thousand Dollars ($10,000.00) (the “Deposit”) by good check or wire transfer of immediately available funds. Five Thousand Dollars ($5,000.00) of the Deposit shall be deemed to constitute the irrevocable property of Seller upon deposit into Escrow (the “Non-Refundable Portion of Deposit”) except as set forth in Section 4.2, below. The Non-Refundable Portion of Deposit shall be deemed to constitute consideration for Buyer’s option to terminate this Agreement at any time during the term of the Inspection Period (as defined in Section 4.1 of this Agreement, below). The Seller expressly deems the NonRefundable Portion of Deposit to constitute adequate consideration in support of the enforceability of this Agreement, in its entirety, in accord with the adequacy of consideration principles discussed in Steiner v. Thexton, 48 Cal. 4th 411 (2010).
(c) The balance of the Purchase Price (i.e., the Purchase Price less the Deposit) shall be deposited in Escrow by Buyer prior to Close of Escrow for delivery to Seller by way of wire transfer of immediately available funds at the Close of Escrow.
(d) All costs and expenses incurred for or related to the preparation of the Valuation Report shall be paid exclusively by the Buyer.
(e) The Valuation Report shall provide separate values for the property east of the River being acquired by the City, the property under and west of the River and the mineral value of each of these components. The mineral value shall be determined by someone who is qualified and has experience in valuing aggregate extraction property.
(f) The map attached as Exhibit A depicts a hatched area between parcels 6 and 2, with the notation “Hatched Area Not Described in 2008-28504-5.” Parcels 6 and 2 are a portion of the Property.
The hatched area is the location of the Eel River at the time of subdivision of the Township and was not subject to patent. The Valuation Report shall determine the value of the hatched area based on the likelihood that the Eel River moved from this location to its present location by gradual and natural movement so that the hatched area accreted the Sellers’ parcel on the west side of the hatched area and Seller’s would own this area and would not own the present bed of the Eel River.
3. TITLE / SURVEY.
3.1 Title. Title to the Property shall be conveyed to Buyer upon the Close of Escrow by a Grant Deed with title to the Property evidenced by the commitment of the Escrow Holder to issue a standard ALTA policy of title insurance with liability in the amount of the Purchase Price showing title to the Property vested in Buyer
Buyer’s Initials:__________; Seller’s Initials: __________ (“Title Commitment”). Within thirty (30) days of the Effective Date, Seller and Buyer shall order a preliminary title report (“Preliminary Report”) from a national title insurance company of Buyer’s choice (“Title Company”), together with copies of all exceptions and the documents supporting exceptions shown in such Preliminary Report.
Within sixty (60) days of receipt of the Preliminary Report, Buyer shall review the Preliminary Report and notify Seller in writing (the “Title Objection Notice”) of any title exceptions to which Buyer objects (“Title Objections”).
Within five (5) business days of receipt of the Title Objection Notice (“Seller’s Title Response Date”), Seller shall notify Buyer as to which Title Objections, if any, Seller will cure prior to Close of Escrow (as defined in Paragraph
12.2 below). All monetary liens/encumbrances affecting the Property shall be deemed objected to by Buyer without further Title Objection Notice and Buyer shall be deemed to have to agree to have them paid at Close of Escrow. If Seller does not timely respond to the Title Objection Notice, then Seller shall be deemed to have elected to cure no Title Objections. If Seller does not elect to cure all Title Objections prior to Close of Escrow, then, at the option of Buyer, Buyer may (i) terminate this Agreement by providing written notice of such termination to Seller prior to 5:00 p.m. Pacific Time on the date that is five (5) business days following Seller’s Title Response Date, or (ii) proceed to close and take title subject to such Title Objections. In the event of termination as provided herein, the Deposit shall be returned to Buyer, Buyer shall pay all the escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement. Any exceptions to title to which Buyer does not object or which Seller does not agree to cure shall be deemed “Permitted Exceptions.”
3.2 Survey. Prior to the expiration of the Inspection Period, if elected by Buyer in Buyer’s discretion, Buyer shall obtain a current survey of the Property (or any portion of it selected for survey by Buyer) (the “Survey”), at Buyer’s sole cost and expense, and deliver to Seller a written statement (the “Survey Objection Notice”) of any matters disclosed by the Survey to which Buyer objects (the “Survey Objections”). Within five (5) business days following Seller’s receipt of the Survey Objection Notice (“Seller’s Survey Response Date”), Seller shall notify Buyer as to which Survey Objections Seller elects to cure prior to Close of Escrow. If Seller does not timely respond to the Survey Objection Notice, then Seller shall be deemed to have elected to cure no Survey Objections. If Seller does not elect to cure all Survey Objections prior to Close of Escrow, then, at the option of Buyer, Buyer may (i) terminate this Agreement by providing written notice of such termination to Seller prior to 5:00 p.m. Pacific Time on the date that is five (5) business days following Seller’s Survey Response Date, or (ii) proceed to close and take title subject to such Survey Objections. In the event of termination as provided herein, the refundable portion of the Deposit shall be returned to Buyer, Buyer and Seller shall each pay one-half (1/2) of the escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement. All survey matters to which Buyer does not object or which Seller does not agree to cure shall be deemed Permitted Exceptions.
4. CONTINGENCIES.
4.1 Buyer's obligation to purchase the Property is subject to the following contingencies described in subparagraphs (a) through (g) below in this Paragraph 4.1 (“Contingencies”). Each and all of the following Contingencies are for the sole benefit of Buyer and may be waived or deemed satisfied by Buyer in Buyer's sole and absolute discretion.
(a) Inspection/Due Diligence Contingency. Buyer's inspection and examination of the Condition of the Property (as defined in Paragraph 9.1 below). Buyer shall have access to the Property at reasonable times and shall have the right to conduct, at Buyer's expense, environmental investigations and such other studies with respect to the Condition of the Property as Buyer may desire. Subject to Buyer’s right to extend, as stated below, Buyer shall have until 5:00 p.m. Pacific Time on the date which is one hundred and eighty (180) days following the Effective Date (the “Inspection Period”), to conduct such tests and studies, and to give written notice to Seller
Buyer’s Initials:__________; Seller’s Initials: __________ of any conditions unacceptable to Buyer. Buyer shall hold and save Seller harmless from and against any and all loss, cost, damage, liability, injury or expense, arising out of or in any way related to damage to property, injury to or death of persons, or the assertion of lien claims caused by such entry, inspection and implementation of environmental investigations and other studies with respect to the Condition of the Property. If Buyer elects to terminate this Agreement by reason of failure of the Contingency set forth in this subparagraph (a), Buyer shall promptly upon such election deliver to Seller all written reports, studies and information prepared by third parties for Buyer which pertain to the Condition of the Property. Notwithstanding the foregoing, Buyer shall have the right, by providing written notice to Seller before the date which is ninety (90) days following the Effective Date, to extend the inspection period by an additional ninety (90) days in the event that (i) Buyer is unable to obtain a Title Commitment or (ii) Seller has not cured the Title Objections it has agreed to cure. (b) Parcel Confirmation Contingency. Buyer’s determination that the portion of the Property depicted on Exhibit B hereto as the hatched area is included within the Property and that Seller is able to convey to Buyer fee simple interest in and to the hatched area at Closing. (c) Additional Lien Contingency. No new liens or encumbrances shall exist against the Property other than the Permitted Exceptions.
(d) Appraisal Contingency. A written appraisal of the Property by a licensed or certified appraiser shall be obtained in accordance with Section 2(a), above. Buyer shall have until 5:00 p.m. Pacific Time on the date which is one hundred and twenty (120) days following the Effective Date (the “Appraisal Contingency Period”), to obtain such an appraisal.
(e) Concurrent Closing Contingency. Buyer shall purchase the real property that is the subject of the Remainder PSA from Seller and the closing of Buyer’s purchase of the Property and the real property that is the subject of the Remainder PSA shall occur simultaneously. The contingency set forth in this paragraph shall remain in place up to the time of Close of Escrow to ensure simultaneous Closing. In the event that closing of the Property cannot occur because of a delay or other circumstances involving the closing of the real property that is the subject of the Remainder PSA, Buyer shall have the right to extend the closing of the Property for up to an additional thirty (30) days upon written notice to Seller.
(f) State Department of General Services Approval Contingency. Buyer and Seller agree and acknowledge that Buyer is purchasing the Property through a California Coastal Conservancy Grant Program.
Buyer shall obtain approval and funding for the purchase from the State Department of General Service and the California Coastal Conservancy as a condition of the Closing. Seller agrees to cooperate with Buyer, the State Department of General Service, and California Coastal Conservancy as it relates to the processing and approval of the acquisition of the Property. The contingency set forth in this paragraph shall remain in place up to the time of Closing.
(g) Lot Split Contingency. A lot split, lot line adjustment, or minor subdivision and/or parcel map shall be approved whereby the Buyer can acquire the Property that is the subject of this Agreement separately from the Property described in the Remainder PSA. The lot split, lot line adjustment, or minor subdivision and/or parcel map shall be completed concurrent with or subsequent to the close of escrow. (h) CEQA. Buyer’s compliance with the California Environmental Quality Act and expiration of any applicable statute of limitations regarding the same prior to Closing. The contingency set forth in this paragraph shall remain in place up to the time of Close of Escrow.
Buyer’s Initials:__________; Seller’s Initials: __________ (i) Title Insurance. This Agreement and the Buyer’s obligation to close escrow are conditioned upon Buyer being able to obtain an ALTA Title Commitment in the manner described in Section 3.1, above, and is further conditioned upon Seller curing any Title Objections it agrees to cure pursuant to Section 3.1, above.
4.2 If Buyer disapproves of the satisfaction of any Contingency within the applicable time period provided above, Buyer's sole remedy shall be to terminate this Agreement and Seller shall have no obligation to remedy any Contingency which Buyer disapproves. If this Agreement terminates as a result of the failure of the satisfaction of any of the Contingencies other than the contingencies recited in Section 4.1(b), (c) or (i), above, all sums (other than the Non-Refundable Portion of Deposit which shall remain the property of the Seller) and documents deposited in Escrow shall be returned to the parties who respectively deposited the same, and Buyer shall pay the Escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement. If this Agreement terminates as a result of the failure of the satisfaction of the Contingencies recited in Section 4.1(b), (c) or (i), above, all sums (including the Non-Refundable Portion of Deposit which shall be returned to Buyer) and documents deposited in Escrow shall be returned to the parties who respectively deposited the same, and Buyer shall pay all of the Escrow costs, and the parties shall have no further rights, duties, liabilities or obligations hereunder, except for those matters that specifically survive termination of this Agreement.
4.3 If Buyer fails to give written notice to Seller of its disapproval of any Contingency within the respective applicable time limit set forth above in Paragraph 4.1, it shall conclusively be deemed that Buyer has waived such Contingency and such Contingency shall conclusively be deemed satisfied.
5. EXCHANGE. Buyer and Seller acknowledge that Seller shall have the right to cause this Agreement to be modified so that Seller may effectuate an exchange under the Internal Revenue Code of 1954, and the California Revenue and Taxation Code. Seller shall exercise its right to modify this Agreement by giving Buyer written notice by no later than thirty (30) calendar days prior to the date scheduled for the close of Escrow. Buyer shall bear no additional cost, expense or liability (whether actual or contingent) as a result of the exchange transaction and shall not be required to take title to any other property as part of such exchange transaction. If the parties to this Agreement are unable to agree as to the terms of the modification of this Agreement to allow Seller to exchange the Property on or before the Close of Escrow, the Close of Escrow shall take place as if the Seller had not exercised its right to exchange the property for other property.
6. REPRESENTATIONS AND WARRANTIES BY SELLER.
6.1 Seller makes the representations and warranties in this Paragraph 6, each and all of which shall survive any and all inquiries and investigations made by Buyer and shall survive the Close of Escrow and recordation of the Grant Deed, up to a period of four (4) years.
6.1.1 The individual(s) signing this Agreement on behalf of Seller has the power and authority to enter into this Agreement and to consummate the transactions contemplated hereby.
6.1.2 To the best of Seller's knowledge, neither the entering into this Agreement nor the performance of any of Seller's obligations under this Agreement will violate the terms of any contract, agreement or instrument to which Seller is a party.
6.1.3 Definition of “Day.” Any reference to a number of days herein, unless otherwise specifically stated, is a reference to calendar days. If a party is required to complete the performance of an obligation under this Agreement by a date certain or within a fixed number of days and such a date or
Buyer’s Initials:__________; Seller’s Initials: __________ last day is a Saturday, Sunday, or Federal bank holiday (collectively, a Nonbusiness Day), then the date for the completion of such performance will be the next succeeding day that is not a Nonbusiness Day.
6.1.4 Seller has not been served (by means of formal, legal service of process as required by law) or formally notified in writing by any governmental or quasi-governmental authority (i) that the Property or any adjoining property, contains or may contain any “Hazardous Materials” in violation of any “Environmental Regulations” (as those terms are defined in this Paragraph 6.1.3, below); or (ii) that the Seller has stored, used or maintained Hazardous Materials or suffered, permitted, allowed or acquiesced in any storage, use or maintenance of Hazardous Materials on, in or under the Property in violation of any Environmental Regulations. As used in this Agreement, the terms “Environmental Regulations” and “Hazardous Materials” shall have the following meanings:
(a) “Environmental Regulations” shall mean all applicable statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, and similar items, of all governmental agencies, departments, commissions, boards, bureaus or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial and administrative and regulatory decrees, judgments and orders relating to the protection of human health or the environment, including, without limitation: (i) all requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, releases or threatened releases of Hazardous Materials, whether solid, liquid or gaseous in nature, into the air, surface water, groundwater or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials, whether solid, liquid or gaseous in nature; and (ii) all requirements pertaining to the protection of the health and safety of employees or the public. (b) “Hazardous Materials” shall mean (i) any flammables, explosive or radioactive materials, hazardous wastes, toxic substances or related materials including, without limitation, substances defined as “hazardous substances,” “hazardous materials”, “toxic substances” or “solid waste” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq.; the Toxic Substances Control Act, 15 U.S.C., Section 2601 et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901 et seq.; and in the regulations adopted and publications promulgated pursuant to said laws; (ii) those substances listed in the United States Department of Transportation Table (49 C.F.R. 172.101 and amendments thereto) or by the Environmental Protection Agency (or any successor agency) as hazardous substances (40 C.F.R. Part 302 and amendments thereto); (iii) those substances defined as “hazardous wastes,” “hazardous substances” or “toxic substances” in any similar federal, state or local laws or in the regulations adopted and publications promulgated pursuant to any of the foregoing laws or which otherwise are regulated by any governmental authority, agency, department, commission, board or instrumentality of the United States of America, the State of California or any political subdivision thereof, (iv) any pollutant or contaminant or hazardous, dangerous or toxic chemicals, materials, or substances within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders) relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, all as amended; (v) petroleum or any by-products thereof; (vi) any radioactive material, including any source, special nuclear or byproduct material as defined at 42 U.S.C. Sections 2011 et seq., as amended, and in the regulations
Buyer’s Initials:__________; Seller’s Initials: __________ adopted and publications promulgated pursuant to said law; (vii) asbestos in any form or condition; and (viii) polychlorinated biphenyls.
6.1.5 Until the Close of Escrow, the Property will continue to be operated in substantially the same manner as operated as of the Effective Date. Seller will not do or cause anything to be done that would change, alter or modify the operation of the Property without the prior written consent of Buyer.
6.1.6 Seller has neither engaged nor dealt with any broker or finder in connection with the sale contemplated by this Agreement. Seller shall pay, and shall hold Buyer harmless from and against, any commission or finder's fee payable to any agent or broker who represents or claims to represent Seller.
6.1.7 Seller will not alter the physical condition of the Property from and after the date of this Agreement, reasonable wear and tear excepted. If, through no fault of Seller, the physical condition of the Property is different on the date scheduled for the Close of Escrow as of the date of this Agreement, the terms and conditions of Paragraph 6.2, below shall apply.
6.1.8 On or before the fifteenth (15th) day following the Effective Date, Seller shall disclose to Buyer in writing and provide Buyer all information actually known to Seller which may be reasonably necessary to evaluate the condition or market desirability of the Property, other than matters that would be obvious and apparent to Buyer from a limited inspection of the property.
6.1.9 Seller is not aware of any claim or and has not received any notification from any person or entity claiming any right, title, or interest in and to the Property by way of adverse possession or other prescriptive rights. Seller, during the period of its ownership of the Property, has no knowledge of any uses made of the Property by any the person or entity without Seller’s express permission. The City of Fortuna is using a portion of the Property for parking.
6.2 If, prior to the Close of Escrow, new events have occurred which were beyond the control of Seller and which render any previously true representation or warranty untrue, Seller shall, within three (3) days thereafter, disclose those matters by written notice to Buyer. Buyer shall have ten (10) days after the earlier of (i) such disclosure; or (ii) Buyer's independent discovery that such representation or warranty has become untrue, to elect, in its sole and absolute discretion, and as its sole remedy, by written notice to Seller within said ten (10) day period, whether (1) to purchase the Property or (2) terminate this Agreement. If Buyer elects to terminate this Agreement pursuant to this Paragraph 6.2, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate this Agreement and all sums and documents deposited in Escrow (other than the Non-Refundable Portion of Deposit) shall be returned to the parties who deposited the same and Buyer shall pay Escrow costs. If Buyer fails to notify Seller and Escrow Holder of its election to terminate this Agreement within said ten (10) day time period provided above, Buyer shall be deemed to have accepted the modified representations and warranties and elected to purchase the Property.
6.3 Other than those express representations and warranties contained in Paragraphs 6.1 through 6.2 of this Agreement, above, Seller makes no warranty or representation, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, and all such other warranties are expressly disclaimed.
6.4 Except to the extent Seller has made a specific representation and warranty with respect thereto, no document or information provided by Seller to Buyer shall constitute a representation as to the completeness or accuracy of such documents or information.
Buyer’s Initials:__________; Seller’s Initials: __________
7. REPRESENTATIONS AND WARRANTIES BY BUYER.
7.1 Buyer makes the following representations and warranties in this Paragraph 7, each and all of which shall survive any and all inquiries and investigations made by Seller and shall survive the Close of Escrow and recordation of the Grant Deed, up to a period of four years.
7.1.1 Buyer has neither engaged nor dealt with any broker or finder in connection with the sale contemplated by this Agreement. Buyer shall pay any commission or finder’s fee payable to any other party who represents or claims to represent Buyer.
7.1.2 Buyer is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of California, and has the power and authority to enter into this Agreement and to consummate the transactions contemplated hereby. The Buyer, and the specific, individual parties signing this Agreement on behalf of Buyer represent and warrant that the parties signing this Agreement on behalf of the Buyer have the full legal power, authority and right to execute and deliver this Agreement.
7.1.3 Buyer has made or will make its own investigation concerning the Condition of the Property (as said term is defined in Paragraph 9.1 of this Agreement, below), the condition of title or any other matter pertaining to the Property, and, other than the specific representations and warranties made by Seller pursuant to Paragraphs 6.1 through 6.2 of this Agreement, above, Buyer is not relying on any representations, warranties or inducements of Seller or Seller's broker with respect to the Condition of the Property.
8. “AS-IS” SALE; ASSUMPTION OF RESPONSIBILITIES.
8.1 “As Is” Sale. Buyer and its representatives, prior to the Close of Escrow, will have been afforded the opportunity to make such inspections of the Property and matters related thereto as Buyer and its representatives desire, including, without limitation, governmental laws and regulations and actions to which the Property is subject, and Buyer shall accept the Property upon the basis of its review and determination of the applicability and effect of such laws and regulations (the “Condition of the Property”). Buyer acknowledges and agrees that the Property is to be sold and conveyed to and accepted by Buyer in an “AS IS” condition with all faults. Except for those limited representations and warranties stated in Paragraphs 6.1 through 6.4 of this Agreement, above, Seller does not make any representations or warranties, oral or written, past, present or future, of any kind whatsoever, either express or implied with respect to either the Property or the condition, value, or quality of the Property
9. LIQUIDATED DAMAGES. IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE
PROPERTY AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, IT IS AGREED THAT THE DEPOSIT ACTUALLY MADE PURSUANT TO PARAGRAPH 2(a) OF THIS AGREEMENT (I.E., $ 10,000.00 USD) SHALL BE NON-REFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH
DEPOSIT, WHICH AMOUNTS SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND
NOT AS A PENALTY AND (TOGETHER WITH THE RIGHT TO RECEIVE ATTORNEYS' FEES AS PROVIDED IN THIS AGREEMENT) SHALL BE SELLER'S SOLE AND EXCLUSIVE REMEDY. IT IS
AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO
Buyer’s Initials:__________; Seller’s Initials: __________ SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ. BUYER AND SELLER
AGREE THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT
MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR
WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE
COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE SELLER'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS PARAGRAPH 10, BUYER AND SELLER AGREE TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW:
Initials:
BUYER SELLER
10. BUYER'S RIGHT TO COMPEL SPECIFIC PERFORMANCE. In the event of any breach or violation of this Agreement by Seller, Buyer expressly reserves the right to seek specific performance of the sale and conveyance of the Property to Buyer, without limitation on any and all other rights and remedies available to Buyer at law or in equity.
11. ESCROW AND CLOSING.
11.1 As soon as possible after the Effective Date, Buyer and Seller shall open an escrow for the purpose of consummating the purchase and sale contemplated by this Agreement (“Escrow”) by depositing an executed copy of this Agreement with ___________________ at __________________________ (“Escrow Holder”). This Agreement shall constitute escrow instructions to Escrow Holder. Seller and Buyer shall, promptly upon request by Escrow Holder, execute such additional escrow instructions as may be reasonably required by Escrow Holder, including Escrow Holder's standard printed conditions and stipulations with respect to escrows concerning the purchase and sale of real property; provided, however, that if there is any conflict between the provisions of this Agreement and the provisions of any such additional instructions, the provisions of this Agreement shall prevail.
Upon delivery to Escrow of a fully executed copy of this Agreement by both parties, Escrow shall be deemed opened on the terms and conditions set forth in this Agreement.
11.2 Escrow shall close, and the Grant Deed shall be recorded in the Office of the County Recorder of Humboldt County, California on or before the date which is sixty (60) days following the expiration of the Inspection Period (“Close of Escrow”).
11.3 Within the time set forth below, or if none is specified, prior to the Close of Escrow, Seller shall deliver to Escrow Holder, or if so indicated, to Buyer, the following documents and items:
(a) At least one (1) day prior to the Close of Escrow, the duly executed and acknowledged Grant Deed. (b) At least one (1) day prior to Close of Escrow, Seller shall deliver such certifications, declarations or other documents as may be required under Internal Revenue Code §1445 and California Revenue and Tax Code §18662, together with any and all other documents required by law pertaining to foreign or out-of-state sellers.
11.4 Buyer shall deliver to Escrow Holder prior to the Close of Escrow the following documents and items:
Buyer’s Initials:__________; Seller’s Initials: __________ (a) The balance of the cash portion of the Purchase Price set forth in Paragraph 2(c), together with an additional sum sufficient to cover Buyer's closing costs as set forth in Paragraph 12.7.1 , below.
11.5 On the Close of Escrow, the Escrow Holder shall record the Grant Deed and shall deliver the monies and instruments to which each party is entitled pursuant to this Agreement, only when the Title Company is in a position to issue its ALTA policy of title insurance subject only (i) to the Permitted Exceptions; and (ii) Title Company's standard pre-printed exceptions, with liability in the amount of the Purchase Price, showing title to the Property vested in Buyer (or as designated by Buyer) (“Title Policy”).
11.6 Upon Close of Escrow, the Property shall be delivered to Buyer subject only to the Permitted Exceptions and the following items, documents and monies shall be delivered to the parties by Escrow Holder as set forth below:
(a) To Seller: the cash portion of the Purchase Price as set forth in Paragraph 2(b), reduced by the amount of Seller's closing costs as set forth in Paragraph 12.7.1, below . (b) To Buyer: the Title Policy.
11.7 Upon Close of Escrow, Escrow and title charges shall be paid in the manner provided below.
11.7.1 Buyer shall pay:
(a) All recording fees; and
(b) The cost of any and all documentary transfer tax or stamps or other sales tax; and (c) Escrow fees; and
(d) The cost of the Title Policy.
11.8 If Escrow fails to close as a result of the default of this Agreement by a party, the defaulting party shall pay all title and escrow charges; provided, however, that nothing in this Paragraph 12.8 shall be deemed to limit, and the provisions of this Paragraph 12.8 shall be in addition to, all other rights and remedies of the nondefaulting party pursuant to this Agreement.
12. PRORATIONS AND POST-CLOSING OBLIGATIONS.
13.1 Prorations shall be made as of the Close of Escrow. All prorations shall be made on the basis of a thirty (30) day month and shall be paid in cash to Seller if it is entitled thereto, or shall be credited against the cash portion of the Purchase Price if Buyer is entitled thereto. Such prorations shall be made by Escrow Holder on the basis of a statement(s) approved by Buyer and Seller and deposited into the Escrow prior to the Close of Escrow. The date used for prorations is hereinafter referred to as the “Proration Date.” (a) All real estate taxes and all personal property taxes due and owing as of the Proration Date, and all penalties and interest thereon, shall be paid by Seller. Current real estate taxes, special assessments and
Buyer’s Initials:__________; Seller’s Initials: __________ personal property taxes which are not yet due and owing shall be prorated based upon the most recent tax bill, so that the portion of current taxes allocable to the period from the beginning of such tax year through the Proration Date shall be charged to and paid by Seller and the portion of the current taxes allocable to the portion of such tax year from the Proration Date to the end of such tax year shall be charged to and paid by Buyer. Proration of taxes and assessments shall be final as of the Proration Date, regardless of the amount of taxes or assessments that actually are, or subsequently become, due.
(b) Expenses of operating the Property (other than insurance premiums, taxes and utility charges) which were prepaid by Seller for a period beyond the Proration Date.
13.2 Buyer shall be responsible for obtaining and paying for utility services from and after Close of Escrow.
13. DAMAGE OR DESTRUCTION PRIOR TO CLOSE OF ESCROW.
If the Property, or any portion thereof, is damaged or destroyed prior to the Close of Escrow from any cause whatsoever, whether an insured risk or not, including but not limited to, fire, flood, accident or other casualty which, according to the Buyer's and Seller's best estimate, would cost more than Fifty Thousand Dollars ($50,000.00) to repair, Buyer shall have the option, upon written notice to Seller, to either (i) terminate this Agreement, or (ii) purchase the Property. If Buyer elects to terminate this Agreement, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate and Escrow Holder shall thereupon promptly return all documents, items and monies in its possession to the party who shall have deposited same with Escrow Holder. In the event of such termination, Buyer shall pay the Escrow fees. Should any damage or destruction occur prior to the Close of Escrow, the date scheduled for the Close of Escrow shall be extended for a period of time not to exceed thirty (30) days, for the purpose of allowing Buyer and Seller sufficient time to estimate the cost of repair. If Buyer fails to notify Seller of its election under this Paragraph 14, Buyer shall be deemed to have elected to purchase the Property.
14. EMINENT DOMAIN.
14.1 The words “condemnation” or “condemned” as used in this Paragraph 15 shall mean the exercise of, or intent to exercise, the power of eminent domain expressed in writing, as well as the filing of any action or proceeding for such purpose, by any person, entity, body, agency or authority having the right or power of eminent domain (the “condemning authority”).
14.2 If Seller receives written notice from a condemning authority advising of a condemnation of all or any portion of the Property (“Condemnation Notice”), Seller shall immediately advise Buyer of same in writing and deliver therewith a copy of the Condemnation Notice. Within ten (10) days after Buyer's receipt of the Condemnation Notice, Buyer shall notify Seller of its election to either (i) terminate this Agreement and the Escrow or (ii) purchase the Property. If Buyer elects to terminate this Agreement, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate this Agreement and Escrow Holder shall thereupon promptly return all documents, items and monies in its possession to the party who shall have deposited same with Escrow Holder. In the event of such termination, Buyer shall pay the Escrow fees. If Buyer elects to purchase the Property, Seller shall transfer to Buyer at the Close of Escrow all proceeds from condemnation or Seller's right to receive all such proceeds. If Buyer fails to notify Seller of its election under this Paragraph 15, Buyer shall be deemed to have elected to purchase the Property.
Buyer’s Initials:__________; Seller’s Initials: __________
15. SURVIVAL OF CLOSE OF ESCROW. All representations, warranties, covenants, conditions, agreements and obligations contained in or relating to this Agreement shall, except as expressly stated in this Agreement, survive the Close of Escrow and the recordation of the Grant Deed and shall not merge therein unless specifically stated otherwise in this Agreement.
16. NOTICES. All notices to be given pursuant to this Agreement shall be either (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) overnight courier (such as Federal Express, DHL, etc.); (iv) by electronic scan and transfer by e-mail; or (v) by telecopy transmittal. If sent via certified or registered mail, receipt shall be deemed effective forty-eight (48) hours after being deposited in the United States mail. If sent via telecopy transmission, a confirming copy shall be sent to the sender, and receipt of the telecopy transmittal shall be deemed effective at the time the telecopy is transmitted from the location where the transmission originates. If sent via overnight courier, receipt shall be deemed effective twenty-four (24) hours after the sending thereof. If sent via electronic scan and transfer by e-mail, receipt shall be deemed effective at the time the e-mail correspondence is transmitted from the location where the transmission originates; if the electronic scan and transfer by e-mail occurs on a Saturday, Sunday or Holiday (recognized by the California State Legislature), the transmission will not be deemed delivered until the next following business day. All notices to be given pursuant to this Agreement shall be given to the parties at the following respective address.
To Seller: Troy Land
5130 Mill Street
Fortuna, CA 95540
Trudy Ehmke
1113 West White Road
Spokane, WA 99224
With copy to: Richard Smith
The Harland Law Firm, LLP
212 G Street, Suite 201
Eureka, CA 95501
To Buyer: City of Fortuna
Attn: City Manager
621 11th Street
Fortuna, CA 95540
Telephone: (707) 668-5655
Facsimile: (707) 668-5916
Email: [email protected]
With copy to: Ryan T. Plotz
The Mitchell Law Firm, LLP
426 First Street
Eureka, CA 95501
E-mail: [email protected]
17. ENTIRE AGREEMENT. This Agreement, and the Exhibits attached hereto, represent the entire Agreement between the parties in connection with the transactions contemplated hereby and the subject matter