Special Meeting Agenda
Monday, April 6, 2026 at 5:00 pm
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID 834 3214 3415 Password 280015 • 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. PROCLAMATIONS
a. Sexual Assault Awareness Month April 2026
b. National Public Safety Telecommunications Week
c. National Animal Control Officer Appreciation Week
2. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion.
City Council Minutes – March 16, 2026 (Regular Meeting) & March 16, 2026 (Special Meeting)
a.
b. Report of Disbursements
Approve and Adopt the Humboldt County Operational Area Local Hazard Mitigation Plan, Resolution 2026-08
c.
Approve Pay Schedule, Appointment and Employment Contract for Community Development Director/City Engineer
d.
Approve a Second Amendment of Loan to Debra Kay Chisum for 320 Main Street
e.
Authorize the City Manager to Execute a Professional Services Contract Amendment with Jacobs for City’s Wastewater National Pollutant Discharge Elimination System Compliance Project
f.
Ratification of Amended Resolution 2026-07 — State Community Development Block Grant Program, 2025 Funding Year
g.
3. CITY COUNCIL BUSINESS
EMC Research Regarding a Potential Local Sales Tax Measure and Next Steps
a.
Rent Stabilization Regulations for Mobile Home Parks Urgency Ordinance 2026-784 and Resolution 2026-10
b.
Declare Fortuna City Council's Intent to Levy the Fortuna Business Improvement District's Assessment for Fiscal Year 2026-27, Resolution 2026-09
c.
4. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.
5. 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.
b. Council Member Carlos Diaz
8. Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 04/02/ 2026 at 4:37 PM
Redwood Region Economic Development Corporation (RREDC), Redwood Coast Energy Authority (RCEA), Parks & Recreation Commission Alternate Council Member Abe Stevens
Humboldt County Association of Government Alternate, Redwood Region Economic Development Corporation
c.
Mayor Pro Tem Tami Trent
Humboldt Transit Authority (HTA), Indian Gaming Commission, League of California Cities Public Safety Commission, Fortuna Business Improvement District (FBID) d.
Mayor Mike Johnson
Humboldt County Association of Governments (HCAOG), Historical Commission, League of California Cities Transportation, Communication, & Public Works Commission e.
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. In Recognition of
Sexual Assault Awareness Month
April 2026
WHEREAS, sexualized violence affects children, youth, adults and elders of all genders from all racial, cultural and economic backgrounds with public health and social justice implications for every person in Fortuna; and WHEREAS staff and volunteers of the North Coast Rape Crisis Team provide 24- hour emergency response services to survivors and their significant others and believes that prevention and intervention are essential to a healthy community; and
WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own but can, through collaboration and partnership, work together to support those impacted, improve responses and ensure that survivors are not re-victimized.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fortuna reaffirms its commitment to the North Coast Rape Crisis Team and its values – HEAL: Help Survivors by meeting them where they’re at, Empower them throughout their healing journeys, Affirm their choices, Listen to and believe their truths, and acknowledges April 2026 as SEXUAL ASSAULT AWARENESS MONTH.
SIGNED this 6th day of April, 2026 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna. ___________________________
Mike Johnson,
Mayor, City of Fortuna
In Recognition of
National Public Safety Telecommunications Week
April 13
th – 19th, 2026
WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services and Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Fortuna Police Department communications center; and
WHEREAS, the City of Fortuna is served by a group of men and women working as public safety dispatchers for the law enforcement, fire, rescue and medical emergency response agencies in this community; and
WHEREAS, these dedicated individuals work tirelessly to answer our citizens’ calls for help, and dispatch the first responders to the scene of those emergencies; and WHEREAS, these public safety dispatchers have demonstrated loyalty, commitment and dedication in the performance of their duties;
NOW, THEREFORE BE IT RESOLVED that the Public Safety Dispatchers working in the City of Fortuna are a valuable asset to our community at large. These professionals who toil, with little recognition, twenty-four hours a day, seven days a week, to save lives and provide aid, are unsung heroes.
BE IT FURTHER RESOLVED it is for these reasons that the City Council of the City of Fortuna wishes to honor them and proclaim April 13
th
- 19th, 2026 as “National Public Safety Telecommunications Week” in the City of Fortuna. The Council appreciates their commitment and dedication to their profession and congratulates them on a “job well done.”
SIGNED this 6th day of April, 2026 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
__________________________
Mike Johnson,
Mayor, City of Fortuna
In Recognition of
National Animal Control Officer Appreciation Week
April 12
th – 18th, 2026
WHEREAS, animal control officers provide an essential service to our community by ensuring the safety and well-being of both animals and residents; and
WHEREAS, these dedicated professionals enforce animal-related laws, rescue and protect stray and abused animals, investigate cases of animal neglect and cruelty, and educate the public on responsible pet ownership; and
WHEREAS, animal control officers often face challenging, dangerous, and emotionally demanding situations while carrying out their duties, demonstrating remarkable courage, compassion, and commitment; and
WHEREAS, the National Animal Care & Control Association has designated the week of April 12–18, 2026, as National Animal Control Officer Appreciation Week, recognizing the tireless efforts of these professionals in protecting animals and enhancing public safety; and WHEREAS, it is fitting that we take this opportunity to express our gratitude and appreciation for the dedicated service of our city’s animal control officers and their contributions to the health and safety of our community;
NOW, THEREFORE BE IT RESOLVED it is for these reasons that the City Council of the City of Fortuna wishes to honor them and proclaim April 12
th
- 18
th, 2026 as “National Animal Control Officer
Appreciation Week” in the City of Fortuna. The Council appreciates their commitment and dedication to their profession, and encourage all residents to join in recognizing and thanking our animal control officers for their invaluable service and unwavering dedication.
SIGNED this 6th day of April, 2026 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
__________________________
Mike Johnson,
Mayor, City of Fortuna
Meeting Agenda
Minutes
Monday, March 16, 2026 at 6:00 pm
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID 916 8898 2206 Password 846531 • 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 - Present, Council Member Diaz - Present, Council Member Stevens - Present, Mayor Pro Tem Trent - Present, Mayor Johnson - Present
1. ORAL COMMENTS FROM THE PUBLIC
Minutes:
PUBLIC COMMENT: There being no public comments, Mayor Johnson closed the public comment section.
2. PRESENTATIONS/PROCLAMATIONS
Community Health Assessment in Fortuna presented by Humboldt County Department of Health & Human Services Public Health Branch Minutes:
Humboldt County Department of Health & Human Services employees Sofia Pereira and Marian Strong provided a presentation on the Community Health Assessment in Fortuna.
a.
3. 4. CONSENT CALENDAR
Minutes:
PUBLIC COMMENT: There being no public comment, Mayor Johnson closed the public comment section.
CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member Diaz, to approve consent calendar items a-h and j-n.
AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 Council Member Conley pulled Consent item i, and questioned whether the police department could lose money if the application did not get approved by the United States Department of Agriculture, and staff assured him the City would not lose money.
CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Pro Tem Trent, to approve consent calendar item i.
AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 City Council Minutes – March 2, 2026 (Regular Meeting) & March 2, 2026 (Special Meeting)
a.
b. Administrative Department Monthly Report
c. Community Development Department Monthly Report
d. Finance Department Monthly Report
e. Parks & Recreation Monthly Report
f. Police Department Monthly Report
g. Public Works Monthly Report
h. Report of Disbursements
Approve Submitting a Grant Application to the United States Department of Agriculture Rural Development Loan and Grant Assistance Program Application for Police Vehicles
i.
Receive the 2025 General Plan and Housing Element Annual Progress Reports and Direct Staff to Submit Reports to the California Department of Housing and Community Development and Governor's Office of Planning and Research
j.
Approve Amended and Restated Joint Powers Agreement with the Redwood Region Economic Development Commission
k.
Ratify the Fortuna Fire Protection District’s Ordinance No. 2025/2026-1 Adopting the 2025 California Fire Code, Title 24, Part 9, Based on the 2024 International Fire Code, Resolution 2026-06
l.
m. Approve a Facility Use Agreement with Humboldt Fastpitch Approve a Memorandum of Understanding with the Eel River Valley Official's Association
n.
CITY COUNCIL BUSINESS
Public Hearing: Second Reading and Adoption of 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
Minutes:
a.
5. PUBLIC COMMENT: There being no public comment, Mayor Johnson closed the public comment section.
CITY COUNCIL ACTION: Council Member Diaz moved, seconded by Council Member Council Member Conley, to hold the second reading and adopt Ordinance 2026-783, an Ordinance of the City Council of the City of Fortuna Approving a Zoning Map Amendment from Retail Commercial to Commercial Thoroughfare for Assessor’s Parcel Number 040-172-009 and Finding the Project Exempt from the California Environmental Quality Act. Roll Call vote.
AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 Approve a Memorandum of Understanding with Fortuna Union High School District for Shared Use of Facilities and Authorize the City Manager to Execute
Minutes:
PUBLIC COMMENT: There being no public comment, Mayor Johnson closed the public comment section.
CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Pro Tem Trent, to approve and authorize the City Manager to execute an MOU between the City of Fortuna and the Fortuna Union High School District for shared use of facilities. Voice vote.
AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 b.
Receive and File the Fortuna Business Improvement District's Annual Report and By-Law Amendments
Minutes:
City Manager Amy Nilsen, amended business item c, by removing by-law amendments.
PUBLIC COMMENT: There being no public comment, Mayor Johnson closed the public comment section.
CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member Diaz, to receive and file the FBID Annual Report as presented and provide direction on the proposed changes to assessment. Voice vote.
AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 c.
CITY MANAGER’S REPORT
Minutes:
City Manager Amy Nilsen provided a verbal report.
6. FUTURE AGENDA ITEMS
Minutes:
Council Member Conley moved, seconded by Council Member Diaz, to bring forward an item at a future Council meeting to discuss pedestrian access and connectivity.
Motion passed. 5/0
7. Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409)
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 Conley to adjourn the meeting at 6:43 pm. MOTION CARRIED: 5/0
9. Special Meeting Agenda
Minutes
Monday, March 16, 2026 at 5:00 pm
621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID 941 3674 2922 Password 419911 • We May Disagree, But We Will Be Respectful of One Another • All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council • Personal Attacks are Unacceptable
• The City Council May Take Action on any Item on this Agenda.
CALL TO ORDER / FLAG SALUTE / ROLL CALL
Minutes:
Mayor Johnson called the meeting to order at 5:00 pm and led the flag salute.
ROLL CALL: Council Member Conley - Present, Council Member Diaz - Absent, Council Member Stevens - Present, Mayor Pro Tem Trent - Present, Mayor Johnson - Present
1. ORAL COMMENTS FROM THE PUBLIC
Minutes:
PUBLIC COMMENT: There being no public comments, Mayor Johnson closed the public comment section.
2. CITY COUNCIL BUSINESS
Public Hearing: 2025 NOFA State Community Development Block Grant Application, Resolution 2026-07
Minutes:
PUBLIC COMMENT: Linda Rasmussen, Elizabeth Wardell, Rebecca Moore.
There being no public comments, Mayor Johnson closed the public comment section.
CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Pro Tem Trent to adopt Resolution 2026-07, a Resolution of the City Council Approving an Application for Funding and the Execution of a Grant Agreement a.
3. Contact: Siana L. Emmons ([email protected] 7077251409) and Any Amendments Thereto from the 2025 Funding Year of the State CDBG Program. Roll Call vote.
AYES: Council Members Conley, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Diaz MOTION CARRIED: 4/0
ADJOURN
Minutes:
Council Member Conley moved, seconded by Mayor Pro Tem Trent to adjourn the meeting at 5:50 pm. MOTION CARRIED: 4/0
4. Consent Agenda Item 3b
STAFF REPORT
Consent Agenda Item
DATE: April 6, 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:
March 18, 2026 $73,938.82
March 24, 2026 $77,667.22
April 1, 2026 $628,060.22
RECOMMENDED COUNCIL ACTION:
Informational Item. Receive report by Consent Agenda vote.
ATTACHMENTS:
• Disbursements Detail Report for March 18, 2026
• Disbursements Detail Report for March 24, 2026
• Disbursements Detail Report for April 1, 2026
Amount
84466 03/18/2026 MISSION LINEN INDUS SERV 525573454 Paper Towels - River Lodge 37.58 3/18/2026 12:33:37 PM Page 1 of 5
84465 03/18/2026 MICROBAC LABORATORIES INC 187136 Lab Testing 183 84465 03/18/2026 MICROBAC LABORATORIES INC 187152 Lab Testing 316 84465 03/18/2026 MICROBAC LABORATORIES INC 187218 Lab Testing 606 84463 03/18/2026 LOPEZ, ANGELES 020926 Monday Club Deposit Refund 250 84464 03/18/2026 MCGINNIS, MICHAEL 030526 Per Diem 3.24 - 3.25 (Water Dist Cert Exam) 101 84465 03/18/2026 MICROBAC LABORATORIES INC 187136 Lab Testing 275 84461 03/18/2026 HACH COMPANY 14900056 Lab Supplies 144.9 84462 03/18/2026 HUBNER, TROY 031126 Water Dist Cert Renewal Reimbursement 2.17 84462 03/18/2026 HUBNER, TROY 031126 Water Dist Cert Renewal Reimbursement 60 84459 03/18/2026 FORTUNA ACE HARDWARE 405246 Supplies - WWTP 23.52 84460 03/18/2026 GRAINGER 9829831776 Portable Printer/Vinyl Label - WWTP 292.59 84460 03/18/2026 GRAINGER 9832874458 Ammonia Danger Labels - WWTP 22.47 84459 03/18/2026 FORTUNA ACE HARDWARE 405060 Park Picnic Table Repairs 88.11 84459 03/18/2026 FORTUNA ACE HARDWARE 405093 Janitorial Supplies - Library 45.52 84459 03/18/2026 FORTUNA ACE HARDWARE 405191 Tie-Downs/Caulking Gun - WWTP 53.2 84456 03/18/2026 EUREKA OXYGEN CO 508596 Arrow Signs - Utilities 26.28 84457 03/18/2026 EUREKA RUBBER STAMP A41120 Planning Commissioner Name Tags 94.26 84458 03/18/2026 FEDEX 9-195-08574 Lab Shipping Service 214.14 84455 03/18/2026 EEL RIVER VALLEY OFFICALS 031226 Adult Basketball Ref/Scorers 2026 12264 84456 03/18/2026 EUREKA OXYGEN CO 508594 Fire Extinguisher - General Services 238.71 84456 03/18/2026 EUREKA OXYGEN CO 508595 Fire Extinguisher/Bracket - WWTP 229.91 84453 03/18/2026 COLANTUONO, HIGHSMITH & WHATLEY, PC69576 Legal Services - Land Use 70 84453 03/18/2026 COLANTUONO, HIGHSMITH & WHATLEY, PC69764 Solid Waste Franchise Agreement Services 2210 84454 03/18/2026 COUNTY OF HUMB PLANNING & BUILDING PLI26-0521 Home Monitoring Services 10/25-02/26 874.64 84451 03/18/2026 CA MUNICIPAL CLERKS ASSOCIATION 200003409 Municipal Clerks Institute - S Emmons 400 84452 03/18/2026 CIRA INV-2886 Work Comp/General Liability Oct-Dec 25 10000 84452 03/18/2026 CIRA INV-2886 Work Comp/General Liability Oct-Dec 25 4490.33 84448 03/18/2026 AT&T 9011 24904466 9391062011 54.18
84448 03/18/2026 AT&T 9011 24904467 9391062012 48.42
84450 03/18/2026 BALLISTIC PRECISION INC 54598 Rifle Ammo - PD 3211.58 84448 03/18/2026 AT&T 9011 24904464 9391062009 179.97
84448 03/18/2026 AT&T 9011 24904465 9391062010 48.21
84448 03/18/2026 AT&T 9011 24904465 9391062010 89.53
84448 03/18/2026 AT&T 9011 24904439 9391061253 94.77
84448 03/18/2026 AT&T 9011 24904439 9391061253 18.96
84448 03/18/2026 AT&T 9011 24904464 9391062009 96.91
84448 03/18/2026 AT&T 9011 24904436 9391061250 19.83
84448 03/18/2026 AT&T 9011 24904437 9391061251 136.14
84448 03/18/2026 AT&T 9011 24904438 9391061252 256.68
84448 03/18/2026 AT&T 9011 24904431 9391061220 62.26
84448 03/18/2026 AT&T 9011 24904432 9391061221 31.91
84448 03/18/2026 AT&T 9011 24904435 9391061249 43.61
84448 03/18/2026 AT&T 9011 24904429 9391061218 92.61
84448 03/18/2026 AT&T 9011 24904430 9391061219 31.13
84448 03/18/2026 AT&T 9011 24904430 9391061219 31.13
84448 03/18/2026 AT&T 9011 24904425 9391061213 262.18
84448 03/18/2026 AT&T 9011 24904426 9391061214 31.91
84448 03/18/2026 AT&T 9011 24904428 9391061217 31.91
84448 03/18/2026 AT&T 9011 24904420 9391061208 31.91
84448 03/18/2026 AT&T 9011 24904421 16062005800 213.99
84448 03/18/2026 AT&T 9011 24904424 9391061212 31.91
Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 3/18/2026 - 3/18/2026
Payment Number Payment Date Vendor Name Payable Number Description (Item) 84446 03/18/2026 ABSOLUTE SOFTWARE INC INV01836501 NetMotion Annual Software Renewal - PD 3120 84447 03/18/2026 AT&T 5025 03260893 23484108935031 31.76 Amount
84477 03/18/2026 PETERSON PC030239180 Cap Nuts/Plugs - General Services 56 84477 03/18/2026 PETERSON PC030239258 Couplings/Seals/O-Rings- General Services 122.95 3/18/2026 12:33:37 PM Page 2 of 5
84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2268379 51382078379 562.13 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2269507 47733469507 1006.4 84477 03/18/2026 PETERSON PC030239153 Coupling/O-Ring - Utilities 105.11 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2265127 43154195127 97.31 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2266230 40689526230 438.24 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2266485 44193066485 27.76 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2263994 28883393994 52.81 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2264082 45966674082 32.69 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2265020 63983385020 108.36 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2262034 98154202034 320.77 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2262970 93570722970 93.23 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 2263045 45859733045 126.7 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02267872 67125257872 52.61 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02269363 48780729363 29.28 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02269457 99509569457 48.13 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02262501 10129392501 335.8 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02262728 48364062728 3.41 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02265729 75033105729 171.5 84474 03/18/2026 PACE SUPPLY CORP CM0210651510 Credit Angle Ball Valves Return -2197.13 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02260906 78346610906 63.75 84475 03/18/2026 PACIFIC GAS & ELECTRIC CO 02261200 81934311200 119.93 84474 03/18/2026 PACE SUPPLY CORP 211220742 Supplies - Utilities 2612.67 84474 03/18/2026 PACE SUPPLY CORP 211223119 Supplies - Utilities 812.12 84474 03/18/2026 PACE SUPPLY CORP 211223119-1 Supplies - Utilities 317.77 84473 03/18/2026 O'REILLY AUTOMOTIVE STORE 364751 AFR Sensor - PD 93.06 84473 03/18/2026 O'REILLY AUTOMOTIVE STORE 365519 Transmission Fluid - PD 144.42 84474 03/18/2026 PACE SUPPLY CORP 211197913-1 Supplies - Utilities 37.83 84473 03/18/2026 O'REILLY AUTOMOTIVE STORE 358243 Rear Seat - General Services 281.97 84473 03/18/2026 O'REILLY AUTOMOTIVE STORE 363984 Credit Seat Cover Return - General Services -49.26 84473 03/18/2026 O'REILLY AUTOMOTIVE STORE 364589 Hi-Power Belt - PD 53.45 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 407.61 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 756.99 84472 03/18/2026 OPTIMUM MAR26MC Monday Club Wifi Service FY 25/26 190 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 465.84 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 58.23 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 407.61 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 1339.29 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 1921.59 84471 03/18/2026 NYLEX.NET 17165 Network Support Services FY 25/26 465.84 84468 03/18/2026 NCL OF WISCONSIN INC 532720 Lab Supplies 1694.62 84469 03/18/2026 NORMAN'S DRY CLEANERS 26064-672-A River Lodge Linen Service 47.6 84470 03/18/2026 NORTH COAST JOURNAL 2026149038 Public Notice - CDBG Grant Funds 177.48 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 95927 Adapter - Utilities 4.37 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 96280 Air Filter - General Services 154.5 84468 03/18/2026 NCL OF WISCONSIN INC 532720 Lab Supplies -135.69 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 95631 Tire Air Chucks - Shop 116.6 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 95631 Tire Air Chucks - Shop 116.6 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 95631 Tire Air Chucks - Shop 116.6 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 93259 Credit Coil Plug Return - PD -522.43 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 95631 Tire Air Chucks - Shop 116.58 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 95631 Tire Air Chucks - Shop 116.6 84466 03/18/2026 MISSION LINEN INDUS SERV 525608774 Wastewater Linen Service 65.05 84466 03/18/2026 MISSION LINEN INDUS SERV 525616456 River Lodge Linen Service 388 84467 03/18/2026 NAPA AUTO PARTS FORTUNA 92569 Credit Core Deposit Return - Utilities -58.59 84466 03/18/2026 MISSION LINEN INDUS SERV 525576810 River Lodge Linen Service 39.14 84466 03/18/2026 MISSION LINEN INDUS SERV 525608773 Corp Yard Linen Service 54.06 84466 03/18/2026 MISSION LINEN INDUS SERV 525608773 Corp Yard Linen Service 64.99 Expense Approval Report Payment Dates: 3/18/2026 - 3/18/2026 Payment Number Payment Date Vendor Name Payable Number Description (Item) 84466 03/18/2026 MISSION LINEN INDUS SERV 525573682 Trash Can Liners - River Lodge 37.82 Amount
Grand Total: 73938.82
3/18/2026 12:33:37 PM Page 3 of 5
84487 03/18/2026 WOODS PEST CONTROL 1369662 Monday Club Pest Service FY 25/26 125 84487 03/18/2026 WOODS PEST CONTROL 1369679 Public Works Pest Service FY 25/26 140 84487 03/18/2026 WOODS PEST CONTROL 1373894 Pest Services - Library 275 84485 03/18/2026 US BANK EQUIPMENT FINANCE 577621402 Printer Lease FY 25/26 253.75 84486 03/18/2026 WILDWOOD SAW 41485 Trim Line - General Services 68.97 84486 03/18/2026 WILDWOOD SAW 41499 Safety Chaps - General Services 142.34 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 161.74 84485 03/18/2026 US BANK EQUIPMENT FINANCE 577621402 Printer Lease FY 25/26 831.73 84485 03/18/2026 US BANK EQUIPMENT FINANCE 577621402 Printer Lease FY 25/26 324.23 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 97.05 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 43.13 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 161.74 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 75.48 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 21.57 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 43.13 84483 03/18/2026 TRAFFIC AND PARKING CONTROL CO I820229 Flashing Yield Sign Replacement 1792.5 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 172.52 84484 03/18/2026 UBEO BUSINESS SERVICES 5206088 Print Services FY 25/26 301.92 84481 03/18/2026 THATCHER COMPANY INC 2026100900148 Credit Sulfor Dioxide Tank -3044.1 84481 03/18/2026 THATCHER COMPANY INC 2026400100299 Ammonia 4856.81 84482 03/18/2026 THRIFTY SUPPLY CO 1047835-01 Pump Rebuild Kit - WWTP 2233.11 84481 03/18/2026 THATCHER COMPANY INC 2026100102928 Sulfur Dioxide 10555.8 84481 03/18/2026 THATCHER COMPANY INC 2026100900138 Credit Sulfur Tank Deposit -5000 84481 03/18/2026 THATCHER COMPANY INC 2026100900148 Credit Sulfor Dioxide Tank -2500 84479 03/18/2026 SHERLOCK RECORDS MANAGEMENT 4802 Finance Record Storage Service FY 25/26 50 84480 03/18/2026 SWENSON, JEREMIAH 022626 Class B License Test Fee Reimbursement 100 84481 03/18/2026 THATCHER COMPANY INC 2026100102928 Sulfur Dioxide 5000 Payment Number Payment Date Vendor Name Payable Number Description (Item) 84478 03/18/2026 RECOLOGY EEL RIVER 771349 E-Waste Disposal 15 84478 03/18/2026 RECOLOGY EEL RIVER 771352 Appliance Disposal 35 Expense Approval Report Payment Dates: 3/18/2026 - 3/18/2026 160-6200-5700 Telephone 31.91
3/18/2026 12:33:37 PM Page 4 of 5
160-2221 Monday Club Deposits 250
160-5547-5800 User Group Linen 388
160-5565-5800 Janitorial Supplies 162.14
160-5705-5800 Equipment Maintenance 43.13
160-5740-5700 Building Repair and Maintenance 125
160-5775-5800 Network Support 407.61
100-6505-5450 Utility - General & Electric 645.11
100-7000-1150 Travel, Conferences & Training 400
100-7200-5400 Sports Leagues 12264
120-5705-3000 Equipment Maintenance 97.05
120-6200-3000 Telephone 18.96
120-6305-3100 Publication Expense 177.48
100-5775-5400 Network Support 465.84
100-5775-5600 Network Support 58.23
100-6020-1400 Legal Services 70
100-6025-1200 Professional Services 50
100-6200-2000 Telephone 437.55
100-6200-5400 Telephone 319.72
100-5715-4100 Vehicle Repairs 588.02
100-5715-5450 Vehicle Repairs 116.6
100-5720-4100 Equipment Repair 333.45
100-5775-1500 Network Support 1339.29
100-5775-2000 Network Support 1921.59
100-5775-4000 Network Support 465.84
100-5705-2000 Equipment Maintenance 626.15
100-5705-3200 Equipment Maintenance 75.48
100-5705-4000 Equipment Maintenance 21.57
100-5705-5450 Equipment Maintenance 296.88
100-5710-2000 Software Maintenance 3120
100-5715-2000 Vehicle Repairs -114.92
100-5500-3200 Department Supplies 94.26
100-5500-4100 Department Supplies 265.37
100-5500-5450 Department Supplies 88.11
100-5500-5500 Department Supplies 320.52
100-5515-2000 Ammunition & Range Supplies 3211.58
100-5705-1500 Equipment Maintenance 1004.25
Account Summary
Account NumberAccount Name Payment Amount
100-1600 Prepaid Liability & Property INS 10000
100-1660 Prepaid Workers Compensation 4490.33
100-1683 Distributed Utilities 94.77
100-1684 Distributed Telephone 259.12
100-2460 Sales Tax Payable -135.69
210 - Solid Waste Fund 2225
230 - 2001 Home Grant Fund 874.64
280 - Gas Tax Fund 2020.79
500 - Water Fund 7649.68
550 - Wastewater Fund 15326.5
590 - TDA Transit Fund 31.13
670 - Rancho Bueno Vista Fund 52.81
671 - Kenwood Meadows Fund 93.23
Grand Total: 73938.8
Expense Approval Report Payment Dates: 3/18/2026 - 3/18/2026 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 43193
120 - Development & Building Fund 293.49
160 - Riverlodge Fund 2178.49
Project Account Summary
Project Account Key Payment Amount
**None** 73938.8
Grand Total: 73938.8
3/18/2026 12:33:37 PM Page 5 of 5
550-6200-6500 Telephone 305.79
550-6505-6600 Utility - General & Electric 111.88
590-6200-5000 Telephone 31.13
670-6505-6505 Utility - General & Electric 52.81
671-6505-6510 Utility - General & Electric 93.23
Grand Total: 73938.8
550-5705-6700 Equipment Maintenance 161.74
550-5715-6600 Vehicle Repairs 346.51
550-5740-6700 Building Repair and Maintenance 140
550-5766-6600 Bio solids Management 606
550-5775-6700 Network Support 756.99
550-6045-6600 Laboratory Services 499
500-7012-6100 Certification 60
550-1310 Chemical Tank Deposits -2500
550-5500-6500 Department Supplies 37.83
550-5500-6600 Department Supplies 438.63
550-5555-6600 Plant Chemicals 12368.5
550-5557-6600 Lab Supplies 2053.66
500-5775-6300 Network Support 407.61
500-5900-6000 Tools & Small Equipment 53.2
500-6045-6000 Laboratory Services 275
500-6200-6100 Telephone 63.67
500-6505-6000 Utility - General & Electric 2387.99
500-7000-6100 Travel, Conferences & Training 201
500-5500-6000 Department Supplies 26.28
500-5500-6100 Department Supplies 1616.96
500-5705-6300 Equipment Maintenance 161.74
500-5715-6100 Vehicle Repairs 116.6
500-5720-6000 Equipment Repair 2233.11
500-5720-6100 Equipment Repair 46.52
160-6505-5700 Utility - General & Electric 171.5
210-5735-5300 Janitorial Services - HHW 15
210-6025-5300 Professional Services 2210
230-6025-7150 Professional Services 874.64
280-5725-4200 Traffic Signal Maintenance 1792.5
280-6505-4200 Utility - General & Electric 228.29
Expense Approval Report Payment Dates: 3/18/2026 - 3/18/2026 Account Summary
Account NumberAccount Name Payment Amount
160-6200-5800 Telephone 409.2
160-6210-5700 Internet Service 190
Amount
3/24/2026 2:57:09 PM Page 1 of 4
84511 03/24/2026 NORMAN'S DRY CLEANERS 26071-148-A River Lodge Linen Service 25.15 84512 03/24/2026 NORTH COAST JOURNAL 2026149192 Public Notice - Ordinance 2026-782 81 84509 03/24/2026 NAPA AUTO PARTS FORTUNA 96020 Drive Socket - Utilities 36.82 84510 03/24/2026 NICKOLS, DEBRA 020326 Monday Club Deposit Refund 500 84508 03/24/2026 MUNICIPAL MAINTENANCE EQUIP 47404 Door Seal - Public Works 476.66 84508 03/24/2026 MUNICIPAL MAINTENANCE EQUIP 47404 Door Seal - Public Works 476.67 84507 03/24/2026 MISSION LINEN INDUS SERV 525691156 Police Mat Cleaning Service FY 25/26 58.04 84507 03/24/2026 MISSION LINEN INDUS SERV 525695030 Paper Towels - River Lodge 38.65 84507 03/24/2026 MISSION LINEN INDUS SERV 525650076 Parks/Rink Linen Service 99.89 84507 03/24/2026 MISSION LINEN INDUS SERV 525657351 River Lodge Linen Service 40.46 84507 03/24/2026 MISSION LINEN INDUS SERV 525650067 Corp Yard Linen Service 57.82 84507 03/24/2026 MISSION LINEN INDUS SERV 525650068 Wastewater Linen Service 64.07 84507 03/24/2026 MISSION LINEN INDUS SERV 525608784 Parks/Rink Linen Service 97.84 84507 03/24/2026 MISSION LINEN INDUS SERV 525650067 Corp Yard Linen Service 65.37 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL A0210622 Pre-employment Physical - J Swenson 326.38 84506 03/24/2026 MENDES SUPPLY INC M291805 Disinfectant/Can Liners - Parks 455.43 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL A0210622 Pre-employment Physical - J Swenson 419.62 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL A0210622 Pre-employment Physical - J Swenson 93.25 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL 10739094 Pre-employment Physical - J Swenson 116.05 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL A0210622 Pre-employment Physical - J Swenson 93.25 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL 10739094 Pre-employment Physical - J Swenson 149.21 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL 10739094 Pre-employment Physical - J Swenson 33.16 84504 03/24/2026 K9 STORM INC 251900 K9 Cain Bulletproof Vest 4583.67 84505 03/24/2026 MAD RIVER COMMUNITY HOSPITAL 10739094 Pre-employment Physical - J Swenson 33.16 84503 03/24/2026 JEN RICE CONSULTS COF26-02 Future Fortuna Workshop Project Services 4892.6 84504 03/24/2026 K9 STORM INC 251900 K9 Cain Bulletproof Vest -397.67 84501 03/24/2026 HUMBOLDT COUNTY RECORDER 031826 Reconveyance Recording Fee 185 84502 03/24/2026 INTERNATIONAL CODE COUNCIL INC 1002245118 '24 Building Code Tabs 228.31 84500 03/24/2026 HINDERLITER, DE LLAMAS SIN60898 Sales Tax Review Service FY 25/26 1571.98 84501 03/24/2026 HUMBOLDT COUNTY RECORDER 031726 Notary Public Oath Filing Fee 35 84499 03/24/2026 H&S ENERGY GROUP HCL-055586-26 Car Wash Services - PD 21 84500 03/24/2026 HINDERLITER, DE LLAMAS SIN061141 Sales Tax Review Service FY 25/26 300 84497 03/24/2026 FREEDOM FUEL 1015522 Equipment Fuel 65.42 84498 03/24/2026 FRESHWATER ENVIRONMENTAL 2093 UWMP Reporting Preparation Service - WWTP 5320 84497 03/24/2026 FREEDOM FUEL 1015451 Equipment Fuel 34.3 84497 03/24/2026 FREEDOM FUEL 1015466 Equipment Fuel 36.69 84497 03/24/2026 FREEDOM FUEL 1015373 Equipment Fuel 40.6 84497 03/24/2026 FREEDOM FUEL 1015383 Equipment Fuel 63.21 84496 03/24/2026 FORTUNA KIWANIS 031926 River Lodge Deposit Refund 500 84497 03/24/2026 FREEDOM FUEL 1015361 Equipment Fuel 34.78 84495 03/24/2026 FORTUNA ACE HARDWARE 405340 Supplies - WWTP 156.61 84495 03/24/2026 FORTUNA ACE HARDWARE 405495 Marking Paint - General Services 21.88 84495 03/24/2026 FORTUNA ACE HARDWARE 404375 Janitorial Supplies - CH/Parks 70.66 84495 03/24/2026 FORTUNA ACE HARDWARE 405336 Supplies - General Services 74.39 84494 03/24/2026 ECOLAB 6358261439 River Lodge Dishmachine Rental FY 25/26 156.91 84495 03/24/2026 FORTUNA ACE HARDWARE 404375 Janitorial Supplies - CH/Parks 2.82 84492 03/24/2026 COPWARE 87446 Digital Legal Sourcebook Annual Subscription - PD 460 84493 03/24/2026 CSG CONSULTANTS 65244 Franchise Agreement Negotiation Services 1785 84490 03/24/2026 BUCKEYE, THE 050625 River Lodge Deposit Refund 250 84491 03/24/2026 CEL ANALYTICAL INC 260224-7265 Lab Testing 760 84488 03/24/2026 ASAP LOCK & KEY 68254 Master Re-key/Key Copies - Parks/River Lodge 13.14 84489 03/24/2026 AT&T 9011 24987040 9391084093 31.91
84488 03/24/2026 ASAP LOCK & KEY 68230 Padlocks - WWTP 240.8 84488 03/24/2026 ASAP LOCK & KEY 68254 Master Re-key/Key Copies - Parks/River Lodge 28 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 3/24/2026 - 3/24/2026
Payment Number Payment DateVendor Name Payable Number Description (Item) Amount
Grand Total: 77667.22
3/24/2026 2:57:09 PM Page 2 of 4
84530 03/24/2026 WOODS PEST CONTROL 1369587 City Hall Pest Services FY 25/26 90 84530 03/24/2026 WOODS PEST CONTROL 1369664 River Lodge Pest Service FY 25/26 150 84528 03/24/2026 USABLUEBOOK INV00975071 Poly Lift Line - Utilities 392.85 84529 03/24/2026 VITELLO, HANNAH 031326 Fuel/Parking Expense Reimbursement 33.58 84526 03/24/2026 THE PEOPLE OF NEW DIRECTIONS 4248 Encampment Clean-up Services 765 84527 03/24/2026 TRACTOR SUPPLY CREDIT PLAN 9780 Kennel Supplies 62.39 84524 03/24/2026 SI EEL RIVER VALLEY 031926 River Lodge Deposit Refund 500 84525 03/24/2026 STAPLES BUSINESS CREDIT 7676887121 Envelopes/Dry Erase Markers - PD 128.82 84522 03/24/2026 ROCHA'S AUTOMOTIVE INC 47737 Transmission Repair - PD Unit 158 10135.26 84523 03/24/2026 SHINN, WESTON 022326 Park Deposit Refund 250 84521 03/24/2026 REXEL S144722080.001 Equipment Maintenance Supplies - WWTP 487.7 84521 03/24/2026 REXEL S144722080.002 Powerflex Air Cooled AC Drive - WWTP 4305.13 84520 03/24/2026 RECOLOGY EEL RIVER 772241 Debris Disposal 166.4 84520 03/24/2026 RECOLOGY EEL RIVER 772254 Debris Disposal 76.8 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 185.58 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 185.59 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 46.4 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 92.8 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 46.4 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 92.8 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 139.19 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 92.8 84518 03/24/2026 PACIFIC GAS & ELECTRIC CO 03266726 44469516726 608.62 84519 03/24/2026 PITNEY BOWES 3107697957 Postage Machine Lease FY 25/26 46.4 84516 03/24/2026 OWSLEY ELECTRIC 11936 Gateway Sign Electrical Repair 110 84517 03/24/2026 PACE SUPPLY CORP 211223119-2 Band Clamps - Utilities 63.55 84515 03/24/2026 O'REILLY AUTOMOTIVE STORE 366747 Battery - WWTP 63.36 84515 03/24/2026 O'REILLY AUTOMOTIVE STORE 366884 Generator Battery Replacement - River Lodge 172.39 84515 03/24/2026 O'REILLY AUTOMOTIVE STORE 365752 Socket Holder - Shop 7.22 84515 03/24/2026 O'REILLY AUTOMOTIVE STORE 365752 Socket Holder - Shop 7.24 84515 03/24/2026 O'REILLY AUTOMOTIVE STORE 365752 Socket Holder - Shop 7.22 84515 03/24/2026 O'REILLY AUTOMOTIVE STORE 365752 Socket Holder - Shop 7.22 84514 03/24/2026 ONTIVEROS & ASSOCIATES IN 6572 Luster Angel Heights Lot Line Adjustment Service 47.5 84515 03/24/2026 O'REILLY AUTOMOTIVE STORE 365752 Socket Holder - Shop 7.22 84514 03/24/2026 ONTIVEROS & ASSOCIATES IN 6570 3495 Rohnerville Road Parcel Map Services 190 84514 03/24/2026 ONTIVEROS & ASSOCIATES IN 6572 Luster Angel Heights Lot Line Adjustment Service 380 84514 03/24/2026 ONTIVEROS & ASSOCIATES IN 6569 Gulliksen Sub Phase Engineer/Surveyor Services 1947.5 84514 03/24/2026 ONTIVEROS & ASSOCIATES IN 6569 Gulliksen Sub Phase Engineer/Surveyor Services 997.5 84513 03/24/2026 NYLEX.NET 17185 Annual Microsoft Office 365 Subscription 5691.14 84513 03/24/2026 NYLEX.NET 17185 Annual Microsoft Office 365 Subscription 5691.14 84513 03/24/2026 NYLEX.NET 17185 Annual Microsoft Office 365 Subscription 2845.57 84513 03/24/2026 NYLEX.NET 17185 Annual Microsoft Office 365 Subscription 1422.78 84513 03/24/2026 NYLEX.NET 17185 Annual Microsoft Office 365 Subscription 7113.91 84513 03/24/2026 NYLEX.NET 17185 Annual Microsoft Office 365 Subscription 5691.14 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 29.25 84513 03/24/2026 NYLEX.NET 17184 New Employee Email Activation/MSO 365 215.6 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 15.75 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 15.75 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 18 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 2.25 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 74.25 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 18 84512 03/24/2026 NORTH COAST JOURNAL 2026149263 Conference Center Worker Recruitment Advertising 112 84513 03/24/2026 NYLEX.NET 17166 Switch Replacement Labor - City Hall 51.75 84512 03/24/2026 NORTH COAST JOURNAL 2026149193 Public Notice - USDA Grant PD Vehicles 53.55 84512 03/24/2026 NORTH COAST JOURNAL 2026149261 Police Dispatcher Recruitment Advertising 112 Expense Approval Report Payment Dates: 3/24/2026 - 3/24/2026 Payment Number Payment DateVendor Name Payable Number Description (Item) 3/24/2026 2:57:09 PM Page 3 of 4
120-5500-3000 Department Supplies 228.31
120-5705-3000 Equipment Maintenance 46.4
120-6005-3100 Engineering Services 1235
100-7015-2000 Dues & Subscriptions 518.04
101-6025-2000 Professional Services 765
105-5500-2850 Department Supplies 4583.67
100-6305-3200 Publication Expense 81
100-7000-3200 Travel, Conferences & Training 35
100-7000-5400 Travel, Conferences & Training 33.58
100-6035-2000 Personnel Services 112
100-6200-2000 Telephone 31.91
100-6305-1400 Publication Expense 53.55
100-5775-5600 Network Support 2.25
100-6025-1400 Professional Services 6764.58
100-6025-3200 Professional Services 2327.5
100-5775-2000 Network Support 74.25
100-5775-4000 Network Support 18
100-5775-5400 Network Support 18
100-5740-4100 Building Repair and Maintenance 110
100-5740-5450 Building Repair and Maintenance 28
100-5775-1500 Network Support 51.75
100-5715-4100 Vehicle Repairs 7.22
100-5715-5450 Vehicle Repairs 7.22
100-5740-1500 Building Repair and Maintenance 90
100-5710-2000 Software Maintenance 5691.14
100-5710-5400 Software Maintenance 2845.57
100-5715-2000 Vehicle Repairs 10163.5
100-5705-3200 Equipment Maintenance 46.4
100-5705-5450 Equipment Maintenance 92.8
100-5710-1500 Software Maintenance 7113.91
100-5705-1100 Equipment Maintenance 46.4
100-5705-1200 Equipment Maintenance 139.19
100-5705-2000 Equipment Maintenance 92.8
100-5500-4100 Department Supplies 161.64
100-5505-5450 Vehicle Fuel & Oil 275
100-5565-5450 Janitorial Supplies 723.82
100-5500-1500 Department Supplies 2.82
100-5500-2000 Department Supplies 128.82
100-5500-2800 Department Supplies 62.39
100-2220 Refundable Park Deposits 250
100-2460 Sales Tax Payable -397.67
100-5500-1150 Department Supplies 215.6
550 - Wastewater Fund 13062
825 - Unrestricted Housing Loan Fund 185
Grand Total: 77667.2
Account Summary
Account NumberAccount Name Payment Amount
160 - Riverlodge Fund 2567.25
200 - Storm Drainage Fund 243.2
210 - Solid Waste Fund 1785
280 - Gas Tax Fund 1422.78
500 - Water Fund 13525.6
Fund Payment Amount
100 - General Fund 38018
101 - Transaction and Use Tax Fund 765
105 - Donations Fund 4583.67
120 - Development & Building Fund 1509.71
Expense Approval Report Payment Dates: 3/24/2026 - 3/24/2026 Report Summary
Fund Summary
Exp DONATION-K9 4583.67
Grand Total: 77667.2
3/24/2026 2:57:09 PM Page 4 of 4
825-6025-7200 Professional Services 185
Grand Total: 77667.2
Project Account Summary
Project Account Key Payment Amount
**None** 73083.6
550-5775-6700 Network Support 29.25
550-5900-6500 Tools & Small Equipment 392.85
550-6035-6500 Personnel Services 442.43
550-5715-6600 Vehicle Repairs 483.91
550-5720-6600 Equipment Repair 4792.83
550-5766-6600 Bio solids Management 760
550-5500-6600 Department Supplies 284.04
550-5705-6700 Equipment Maintenance 185.59
550-5710-6700 Software Maintenance 5691.14
500-6035-6100 Personnel Services 568.83
500-6035-6200 Personnel Services 126.41
500-6505-6000 Utility - General & Electric 608.62
500-5900-6100 Tools & Small Equipment 36.82
500-6025-6000 Professional Services 5320
500-6035-6000 Personnel Services 126.41
500-5710-6300 Software Maintenance 5691.14
500-5715-6100 Vehicle Repairs 483.88
500-5775-6300 Network Support 15.75
500-5500-6000 Department Supplies 240.8
500-5500-6100 Department Supplies 121.37
500-5705-6300 Equipment Maintenance 185.58
200-6618-4310 SWMP Implementation 243.2
210-6025-5300 Professional Services 1785
280-5710-4200 Software Maintenance 1422.78
160-5740-5800 Building Repair and Maintenance 322.39
160-5775-5800 Network Support 15.75
160-6035-5800 Personnel Services 112
160-5565-5800 Janitorial Supplies 104.26
160-5705-5800 Equipment Maintenance 92.8
160-5706-5800 Equipment Lease 156.91
160-2221 Monday Club Deposits 500
160-2222 River Lodge Deposits 1250
160-5500-5800 Department Supplies 13.14
Expense Approval Report Payment Dates: 3/24/2026 - 3/24/2026 Account Summary
Account NumberAccount Name Payment Amount
Amount
84557 04/01/2026 KEIN, MICHAEL 033126 Planning Commission 3.10 & 3.24 30 4/1/2026 1:23:24 PM Page 1 of 5
84554 04/01/2026 HUMBOLDT COUNTY RECORDER 032526 CCF Piping/Well 5 Replace Notice of Exempt Fee 50 84555 04/01/2026 HUMMEL TIRE & WHEEL 288237 Tires - PD 661.27 84556 04/01/2026 JACOBS ENGINEERING GROUP INC W8Y10900-041 NPDES Compliance Engineering 211798.75 84551 04/01/2026 HELIX LABORATORIES INC 91785 Alka Mag Supply FY 25/26 8899.07 84552 04/01/2026 HENDERSON, CHRISTINA 021726 Monday Club Deposit Refund 250 84553 04/01/2026 HUMB CO HISTORICAL SOCIETY 402 Resale Calendars - Museum 24 84549 04/01/2026 GROCERY OUTLET 032326 Aerosol/Bleach/Citric Acid - Parks 36.41 84550 04/01/2026 HALLEY, STEPHANIE 033126 Planning Commission 3.10 & 3.24 30 84550 04/01/2026 HALLEY, STEPHANIE 033126 Planning Commission 3.10 & 3.24 30 84547 04/01/2026 GHD INC 380-0088286 Kenmar Interchange PS&E 83060.93 84548 04/01/2026 GRAINGER 9851749565 Fire Hose Nozzle/Batteries/Chargers - WWTP 716.34 84548 04/01/2026 GRAINGER 9853964949 AVR UPS Systems - WWTP 662.65 84546 04/01/2026 FREEDOM FUEL 1015680 Equipment Fuel 36.11 84546 04/01/2026 FREEDOM FUEL 1015850 Equipment Fuel 26.39 84547 04/01/2026 GHD INC 380-0088033 Well 5B System Tie-in Design/Upgrade 644 84546 04/01/2026 FREEDOM FUEL 1015529 Equipment Fuel 38.7 84546 04/01/2026 FREEDOM FUEL 1015553 Equipment Fuel 37.86 84546 04/01/2026 FREEDOM FUEL 1015626 Equipment Fuel 49.63 84544 04/01/2026 FORTUNA ACE HARDWARE 405937 Muriatic Acid/Rubbing Alcohol/Air Filters - WWTP 119.48 84545 04/01/2026 FORTUNA PISTOL CLUB 031725 River Lodge Deposit Refund 250 84546 04/01/2026 FREEDOM FUEL 1015329 Equipment Fuel 30.1 84544 04/01/2026 FORTUNA ACE HARDWARE 405858 Key Copies - PD 137.1 84544 04/01/2026 FORTUNA ACE HARDWARE 405859 Ant Poison/Twine - Parks 14.87 84544 04/01/2026 FORTUNA ACE HARDWARE 405913 Air Duster/Washer Fluid/Dry Erase Markers - WWTP 50.85 84544 04/01/2026 FORTUNA ACE HARDWARE 405503 Burlap/Twist Tie Roll & Cutter - Parks 28.01 84544 04/01/2026 FORTUNA ACE HARDWARE 405609 Batteries - Council Chamber Blinds 39.4 84544 04/01/2026 FORTUNA ACE HARDWARE 405853 Dish Soap/Tru-Flat/Air Blow Gun Kit - Gen Services 53.62 84542 04/01/2026 ENGINEERED FIRE SYSTEMS, INC 23100 Fire Plan Review Service 202.5 84543 04/01/2026 FEDEX 9-212-97072 Lab Shipping Service 420.68 84544 04/01/2026 FORTUNA ACE HARDWARE 405421 Baited Rat Trap - Museum 20.1 84539 04/01/2026 DORRIS, JOSHUA 033126 Planning Commission 3.24 15 84540 04/01/2026 ELAINE PALMER REVOCABLE TRUST 020326 Monday Club Deposit Refund 250 84541 04/01/2026 EMC RESEARCH 19323 Feasibility Survey Polling Service 12750 84537 04/01/2026 CUTTER'S EDGE 166906 Saw Oil - Parks 87.59 84538 04/01/2026 DAN COLLINGS TREE SERVICE 1474 Tree Limb Service - Parks 600 84539 04/01/2026 DORRIS, JOSHUA 033126 Planning Commission 3.24 15 84535 04/01/2026 BODYWORKS 040126 April Gym Memberships 20 84536 04/01/2026 CIRA INV-2923 General Employment Practice Liability 7/25 - 12/25 5000 84537 04/01/2026 CUTTER'S EDGE 166884 Supplies - Utilities 48.17 84535 04/01/2026 BODYWORKS 040126 April Gym Memberships 20 84535 04/01/2026 BODYWORKS 040126 April Gym Memberships 60 84535 04/01/2026 BODYWORKS 040126 April Gym Memberships 40 84535 04/01/2026 BODYWORKS 040126 April Gym Memberships 20 84535 04/01/2026 BODYWORKS 040126 April Gym Memberships 60 84535 04/01/2026 BODYWORKS 040126 April Gym Memberships 80 84533 04/01/2026 AWP SAFETY 8016480 Construction Street Signs 737.1 84534 04/01/2026 BLANKENSHIP GATES 032426 Gate Repair - WWTP 951 84534 04/01/2026 BLANKENSHIP GATES 032426 Gate Repair - WWTP 951 84532 04/01/2026 AMEN, COLT 033126 Planning Commission 3.10 & 3.24 30 84532 04/01/2026 AMEN, COLT 033126 Planning Commission 3.10 & 3.24 30 84533 04/01/2026 AWP SAFETY 8016480 Construction Street Signs 836.79 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 4/1/2026 - 4/1/2026
Payment Number Payment DateVendor Name Payable Number Description (Item) 84531 04/01/2026 ADVANCED SECURITY SYSTEM 771947 Corp Yard Security Service FY 25/26 106.5 84531 04/01/2026 ADVANCED SECURITY SYSTEM 774064 Police Security Service FY 25/26 642 Amount
84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 1972.51 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 295.36 4/1/2026 1:23:24 PM Page 2 of 5
84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 215.33 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 4049.6 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 13118.63 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 265.11 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 1464.64 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 263.62 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 368168 O2 Sensor - PD 74.45 84572 04/01/2026 OWSLEY ELECTRIC 12019 ATS Review - River Lodge 110 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260845 46580260845 1904.53 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 368052 Fuel Cleaner - PD 148.83 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 368055 Fuel Treatment - PD 35.04 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 368139 Spray Bottle - PD 6.01 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 367474 Grease - Shop 37.62 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 367474 Grease - Shop 37.62 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 367474 Grease - Shop 37.63 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 367364 O'Reilly Def - Shop 9.41 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 367364 O'Reilly Def - Shop 9.4 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 367364 O'Reilly Def - Shop 9.4 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 365804 Socket Holder - Shop 2.84 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 365804 Socket Holder - Shop 2.84 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 367364 O'Reilly Def - Shop 9.4 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 365804 Socket Holder - Shop 2.84 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 365804 Socket Holder - Shop 2.84 84571 04/01/2026 O'REILLY AUTOMOTIVE STORE 365804 Socket Holder - Shop 2.86 84569 04/01/2026 NORTH COAST JOURNAL 2026148198 Wedding Guide Advertising - River Lodge 675 84569 04/01/2026 NORTH COAST JOURNAL 2026149250 Public Notice - City Ambulance 97.2 84570 04/01/2026 ONTIVEROS & ASSOCIATES IN 6573 ACGC Newburg Development Project Services 2090 84566 04/01/2026 NICHOLS, NELEEN 033126 Planning Commission 3.10 & 3.24 30 84567 04/01/2026 NOR CAL GLOVES 1584815 Latex Gloves - WWTP 772.63 84568 04/01/2026 NORMAN'S DRY CLEANERS 26078-573-A River Lodge Linen Service 44.05 84565 04/01/2026 NAPA AUTO PARTS FORTUNA 96697 Performance Tool Grease Fitting - Shop 7.26 84565 04/01/2026 NAPA AUTO PARTS FORTUNA 96708 Release 74.53 84566 04/01/2026 NICHOLS, NELEEN 033126 Planning Commission 3.10 & 3.24 30 84564 04/01/2026 MUNICIPAL MAINTENANCE EQUIP 47706 Lever/Bushing/Bolt/Crank/Shaft/Washers - Utilties 645.46 84565 04/01/2026 NAPA AUTO PARTS FORTUNA 96697 Performance Tool Grease Fitting - Shop 7.27 84565 04/01/2026 NAPA AUTO PARTS FORTUNA 96697 Performance Tool Grease Fitting - Shop 7.26 84563 04/01/2026 MITCHELL 1 M1-01122121 Teamwork Software FY 25/26 66.24 84563 04/01/2026 MITCHELL 1 M1-01122121 Teamwork Software FY 25/26 66.24 84564 04/01/2026 MUNICIPAL MAINTENANCE EQUIP 47701 Pivot Mount/Rubber Spacer/Isolator - Utilities 338.7 84562 04/01/2026 MISSION LINEN INDUS SERV 525714185 River Lodge Linen Service 36.49 84563 04/01/2026 MITCHELL 1 M1-01122121 Teamwork Software FY 25/26 66.24 84563 04/01/2026 MITCHELL 1 M1-01122121 Teamwork Software FY 25/26 66.24 84562 04/01/2026 MISSION LINEN INDUS SERV 525695606 Paper Towels - Corp Yard 26.59 84562 04/01/2026 MISSION LINEN INDUS SERV 525695608 Paper Towels - WWTP 53.17 84562 04/01/2026 MISSION LINEN INDUS SERV 525712845 Paper Towels - Parks 488.59 84562 04/01/2026 MISSION LINEN INDUS SERV 525691147 Wastewater Linen Service 65.05 84562 04/01/2026 MISSION LINEN INDUS SERV 525691157 Parks/Rink Linen Service 98.49 84562 04/01/2026 MISSION LINEN INDUS SERV 525695606 Paper Towels - Corp Yard 26.58 84561 04/01/2026 MIRANDA'S RESCUE 040126 Animal Rescue Services FY 25/26 800 84562 04/01/2026 MISSION LINEN INDUS SERV 525691146 Corp Yard Linen Service 72.65 84562 04/01/2026 MISSION LINEN INDUS SERV 525691146 Corp Yard Linen Service 66.77 84560 04/01/2026 MERCER FRASER COMPANY 118638 Emulsion Oil/Asphalt Concrete - Streets 947.38 84560 04/01/2026 MERCER FRASER COMPANY 2164-004 Annual Paving 100000 84560 04/01/2026 MERCER FRASER COMPANY 2164-004 Annual Paving 143770 84558 04/01/2026 KNIGHTS OF COLUMBUS 012926 River Lodge Deposit Refund 500 84559 04/01/2026 MACMILLAN, LILY 011926 Monday Club Deposit Refund 250 84560 04/01/2026 MERCER FRASER COMPANY 118638 Emulsion Oil/Asphalt Concrete - Streets 164.25 Expense Approval Report Payment Dates: 4/1/2026 - 4/1/2026 Payment Number Payment DateVendor Name Payable Number Description (Item) 84557 04/01/2026 KEIN, MICHAEL 033126 Planning Commission 3.10 & 3.24 30 Amount
Grand Total: 628060.22
4/1/2026 1:23:24 PM Page 3 of 5
84587 04/01/2026 WILDWOOD SAW 41549 Chainsaw Oil - Parks 37.21 84588 04/01/2026 WOODS PEST CONTROL 1369782 Police Pest Service FY 25/26 85 84589 04/01/2026 ZUMAR INDUSTRIES INC 59306 Blank Signs - Streets 620.51 84585 04/01/2026 TIMES PRINTING COMPANY 26-60342 Window Envelopes - CH/Utilities 315.09 84585 04/01/2026 TIMES PRINTING COMPANY 26-60342 Window Envelopes - CH/Utilities 315.1 84586 04/01/2026 WECO INDUSTRIES, LLC 57128-IN Debris Basket/Pole - Utilities 899.17 84584 04/01/2026 THE BRIEFING ROOM LLC 1589 Online LE Training Platform Software - PD 1128.74 84585 04/01/2026 TIMES PRINTING COMPANY 26-60056 Wedding Directory Booklet - River Lodge 264.77 84585 04/01/2026 TIMES PRINTING COMPANY 26-60342 Window Envelopes - CH/Utilities 157.55 84583 04/01/2026 THATCHER COMPANY INC 2026250100790 Caustic Soda - WWTP 3029.57 84583 04/01/2026 THATCHER COMPANY INC 202625090204 Caustic Soda Deposit Refund -825 84583 04/01/2026 THATCHER COMPANY INC 202640010759 Ammonia - WWTP 6139.35 84581 04/01/2026 STAPLES BUSINESS CREDIT 767740106 Pads/Pens/Rubber Bands/Tape - PD 89.89 84582 04/01/2026 SWRCB 032626 Water Distribution Certification - M McGinnis 80 84583 04/01/2026 THATCHER COMPANY INC 2026250100790 Caustic Soda - WWTP 825 84579 04/01/2026 SECURITY LOCK & ALARM 220046630 Museum Security Service FY 25/26 70.5 84580 04/01/2026 SPORT & CYCLE 232433 Hauler Rain Jackets/Hauler Bibs - WWTP 705.24 84580 04/01/2026 SPORT & CYCLE 232433 Hauler Rain Jackets/Hauler Bibs - WWTP 705.24 84578 04/01/2026 RESERVE ACCOUNT 032626 Replenish Postage Meter 2000 84579 04/01/2026 SECURITY LOCK & ALARM 220046526 Parks Shop Security Service FY 25/26 75 84579 04/01/2026 SECURITY LOCK & ALARM 220046527 Parks Garage Security Service FY 25/26 300 84576 04/01/2026 QUENCH USA INC INV10640560 Public Works Water System FY 25/26 28.47 84576 04/01/2026 QUENCH USA INC INV10640560 Public Works Water System FY 25/26 28.47 84577 04/01/2026 RAILFAN SPECIALTIES 7387 Museum Gift Shop Resale Items 154.72 84575 04/01/2026 POSTMASTER 040126 Utility Billing Postage 3.31.26 837.5 84576 04/01/2026 QUENCH USA INC INV10640552 Parks Water System Service FY 25/26 42.71 84576 04/01/2026 QUENCH USA INC INV10640560 Public Works Water System FY 25/26 28.48 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03265425 14914105425 2.89 84574 04/01/2026 PETERSON PC030239566 Elements - WWTP 200.81 84575 04/01/2026 POSTMASTER 040126 Utility Billing Postage 3.31.26 837.49 Payment Number Payment DateVendor Name Payable Number Description (Item) 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03260847 06162570847 68.05 84573 04/01/2026 PACIFIC GAS & ELECTRIC CO 03263473 69711643473 445.04 Expense Approval Report Payment Dates: 4/1/2026 - 4/1/2026 4/1/2026 1:23:24 PM Page 4 of 5
100-7015-4100Dues & Subscriptions 66.24
100-7400-2800Miranda's Rescue 800
100-7600-3200Planning Commission 135
120-6005-3000Engineering Services 2292.5
120-6305-3100Publication Expense 97.2
120-7600-3100Planning Commission 135
100-6505-5400Utility - General & Electric 265.11
100-6505-5450Utility - General & Electric 1467.53
100-6505-5500Utility - General & Electric 263.62
100-6505-5600Utility - General & Electric 215.33
100-7000-2000Travel, Conferences & Training 1128.74
100-7015-2000Dues & Subscriptions 66.24
100-5740-1500Building Repair and Maintenance 39.4
100-5740-2000Building Repair and Maintenance 85
100-5755-5450Tree Trimming & Removal 600
100-6025-1400Professional Services 12750
100-6025-2000Professional Services 642
100-6505-2000Utility - General & Electric 513.09
100-5715-2000Vehicle Repairs 928.44
100-5715-4100Vehicle Repairs 57.13
100-5715-5450Vehicle Repairs 12.27
100-5720-5450Equipment Repair 124.8
100-5730-5450Alarm System Maintenance 375
100-5730-5600Alarm System Maintenance 70.5
100-5500-2000Department Supplies 226.99
100-5500-4100Department Supplies 181.33
100-5500-5450Department Supplies 122
100-5500-5600Department Supplies 20.1
100-5505-5450Vehicle Fuel & Oil 218.79
100-5565-5450Janitorial Supplies 587.08
100-1683 Distributed Utilities 1904.53
100-5265-1150Miscellaneous Benefits 20
100-5265-1200Miscellaneous Benefits 60
100-5265-2000Miscellaneous Benefits 80
100-5265-3200Miscellaneous Benefits 20
100-5265-5400Miscellaneous Benefits 60
560 - Wastewater Capital Fund 211799
672 - Forest Hill Water Booster Fund 295.36
Grand Total: 628060
Account Summary
Account Number Account Name Payment Amount
100-1600 Prepaid Liability & Property INS 5000
100-1610 Prepaid Postage 2000
100-1680 Distributed Office Supplies 157.55
165 - Museum Exhibit Fund 178.72
200 - Storm Drainage Fund 164.25
260 - TDA Non-Transit Fund 100000
270 - STIP/TEA Fund 83060.9
280 - Gas Tax Fund 5546.9
290 - RMRA - SB1 Fund 143770
500 - Water Fund 18177.3
510 - Water Capital Fund 694
550 - Wastewater Fund 27955.2
Expense Approval Report Payment Dates: 4/1/2026 - 4/1/2026 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 31263.8
120 - Development & Building Fund 2524.7
160 - Riverlodge Fund 2630.31
4/1/2026 1:23:24 PM Page 5 of 5
550-7015-6600Dues & Subscriptions 66.24
560-6005-0171Engineering Services 211799
672-6505-6515Utility - General & Electric 295.36
Grand Total: 628060
Project Account Summary
Project Account Key Payment Amount
**None** 628060
Grand Total: 628060
550-5555-6600Plant Chemicals 18068
550-5715-6600Vehicle Repairs 257.94
550-5900-6500Tools & Small Equipment 899.17
550-6025-6700Professional Services 951
550-6045-6600Laboratory Services 420.68
550-6505-6600Utility - General & Electric 1972.51
550-1310 Chemical Tank Deposits 0
550-5265-6500Miscellaneous Benefits 20
550-5500-6500Department Supplies 48.17
550-5500-6600Department Supplies 3123.03
550-5500-6700Department Supplies 1181.07
550-5525-6500Asphalt 947.38
500-6025-6300Professional Services 951
500-6505-6000Utility - General & Electric 13118.6
500-7012-6100Certification 80
500-7015-6000Dues & Subscriptions 66.24
510-6005-9066Engineering Services 644
510-6025-9066Professional Services 50
500-5500-6000Department Supplies 756.09
500-5500-6100Department Supplies 830.46
500-5500-6200Department Supplies 837.49
500-5500-6300Department Supplies 315.09
500-5715-6100Vehicle Repairs 1115.81
500-5730-6000Alarm System Maintenance 106.5
270-6005-9978Engineering Services 83060.9
280-5265-4200Miscellaneous Benefits 40
280-5500-4200Department Supplies 836.79
280-5722-4200Retroflective Sign Compliance 620.51
280-6505-4200Utility - General & Electric 4049.6
290-6015-9997General Contracting 143770
160-5571-5800Bridal Faire 264.77
160-5740-5800Building Repair and Maintenance 110
160-6300-5800Advertising 675
165-5550-5610Gift Shop Purchases 178.72
200-5500-4300Department Supplies 164.25
260-6015-9994General Contracting 100000
Expense Approval Report Payment Dates: 4/1/2026 - 4/1/2026 Account Summary
Account Number Account Name Payment Amount
160-2221 Monday Club Deposits 750
160-2222 River Lodge Deposits 750
160-5565-5800Janitorial Supplies 80.54
Consent Agenda Item 3c
STAFF REPORT
Consent Agenda Item
DATE: April 6, 2026
TO: Honorable Mayor and Council Members
FROM: Brian Issa, Director of Public Works
THRU: Amy Nilsen, City Manager
SUBJECT: Approve and Adopt the Humboldt County Operational Area Local Hazard Mitigation Plan (LHMP), 2025 Update Volume 1 and the City of Fortuna Annex of Volume 2; and Authorize the City Manager or Designee to Submit the Adopted Resolution to Appropriate Agencies; Resolution 2026-08 STAFF RECOMMENDATION:
Adopt Resolution 2026-08 approving and adopting the Humboldt County Operational Area Local Hazard Mitigation Plan (LHMP), 2025 Update Volume 1 and the City of Fortuna Annex in Volume 2; and authorize the City Manager or designee to submit the adopted resolution to Humboldt County Office of Emergency Services (OES), California Office of Emergency Services (Cal OES), and the Federal Emergency Management Authority (FEMA)_.
EXECUTIVE SUMMARY:
• What this is. Adoption of the Humboldt County Operational Area Local Hazard Mitigation Plan (2025 Update) and the City of Fortuna Annex—the countywide, FEMA-compliant plan that documents our risks and the mitigation projects we intend to pursue. • Why it matters to Fortuna. Adoption is a FEMA requirement for eligibility to apply for Hazard Mitigation Assistance grants (e.g., Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA), Building Resilient Infrastructure and Communities (BRIC)) that can fund local priorities such as hardening critical facilities, stormwater/flood projects, and seismic resilience. FEMA approved the plan on Dec. 19, 2025; each partner city must formally adopt to keep grant eligibility.
• What's new in this update. Stronger public/stakeholder outreach, higher-resolution loss modeling (Hazus Level 2), integration of climate impacts, and a focus on community lifelines (water, power, transportation, safety) to better target funding and projects. • Project/CIP coordination. Table 178 of the Fortuna Annex shows specific actions and associated costs. Where applicable, projects are typically added to the Capital Improvement Program (CIP) as prioritization and funding allow. This City utilizes this approval to seek grant funding for many of these projects where feasible. • Timing. The previous LHMP was approved March 11, 2020, and expired March 10, 2025.
The 2025 update was developed Dec 2024–June 2025, went through public review in May 2025, and is now ready for local adoption; the next resubmission is due Dec. 9, 2030.
Consent Agenda Item 3c
FINANCIAL IMPACT:
Adoption itself has minimal cost (staff time) and preserves access to external grant dollars; specific match requirements will be brought to Council with each project/grant.
RECOMMENDED COUNCIL ACTION:
Motion to adopt Resolution 2026-08. Consent Agenda vote.
ALTERNATIVES:
1. Do not adopt the updated LHMP. Not recommended; it would jeopardize eligibility for FEMA hazard mitigation funding and delay implementation of the City’s Annex action list.
DECISION MAKING CRITERIA
• Increase opportunities for cross-org and external collaboration • Positive community impact and increased emergency preparedness and grant positioning Attachments:
• Exhibit A - Humboldt Operational Area Hazard Mitigation Plan: City of Fortuna Annex • Exhibit B - Resolution 2026-08, a Resolution of the City Council of the City of Fortuna Authorizing Adoption of the Humboldt County Operational Area Hazard Mitigation Plan 2025 Update
• Exhibit C – Entire Humboldt Operational Area Hazard Mitigation Plan (volumes 1 & 2) - https://humboldtgov.org/DocumentCenter/View/149343/Humboldt-County-HMPVolume-1_2025-09_24_-508-ready-
CITY OF FORTUNA ANNEX
285
# Action Description Priority Lead
Agency Hazards Mitigated
Potential
Funding
Source(s)
Estimated Cost Estimated
Timeline
New
and/or
Existing
Asset
Vulnerable
Population
Benefit?
Community
Lifelines Benefit?
FGCSD10 Improve alternative communication
capabilities throughout the district,
including the acquisition of and licensing
for ham radios, satellite telephones,
mobile backup dispatch devices and
other communication devices.
High FGCSD
General
Manager
and Fire
Chief
Dam failure,
drought,
earthquake,
extreme
temperatures,
flooding, landslide,
wildfire, wind,
winter weather
HMGP, PDM,
CDBG
Under $100,000 MediumtermNew Yes Communications
CITY OF FORTUNA ANNEX
286
9. City of Fortuna Annex
This section presents the jurisdictional annex for the City of Fortuna. The jurisdiction’s governing body passed a formal resolution to participate in this multi-jurisdictional hazard mitigation plan update. The City identified no changes in priorities for this plan update.
9.1. Planning Process
9.1.1. Contact Information
A key part of hazard mitigation planning is engaging the whole community. This plan was developed by planning consultant IEM, with input from the participating jurisdictions, including the City of Fortuna, the stakeholders and the public. The City of Fortuna was represented during the planning process by the following individual listed in Table 158.
Table 158: City of Fortuna Point of Contact
Name Job Title Jurisdiction/Agency Preferred Contact Info (Email and/or Phone)
Shari Meads Community
Developer Director
Fortuna [email protected]
9.1.2. Stakeholder Engagement
Stakeholders, including local and regional agencies, neighboring communities, representatives of businesses and academia, private organizations, nonprofit organizations and communitybased organizations that work directly with and/or provide support to underserved communities and vulnerable populations, were invited to be involved in the planning process and are recognized in Table 159. Stakeholders were invited to the stakeholder meetings through emails, calendar invites and phone calls. Additionally, they were encouraged to complete and share a public survey to gather more information. Lastly, all stakeholders were provided the opportunity to review the draft plan and provide feedback.
Table 159: Stakeholders Invited to Participate
Name Job Title Agency or
Organization
Preferred Contact Info
(Email and/or Phone)
Stakeholder Type
Brendan
Byrd
Public Works
Director
City of
Fortuna
[email protected]
s
2. Agencies that
have the authority
CITY OF FORTUNA ANNEX
287
Name Job Title Agency or
Organization
Preferred Contact Info
(Email and/or Phone)
Stakeholder Type
to regulate
development
Kyle
Kertscher
Division Chief Fortuna Fire
Protection
District
kkertscher@fortunafir
e.com
1. Local and
regional agencies
involved in hazard
mitigation activities
Steven
Baker
Fire Chief Orick VFD [email protected] 3. Neighboring communities,
including special
districts
Cal Poly
Humboldt
Emergency
Management
[email protected] 4. Representatives
of businesses,
academia and
other private
organizations
Simon
Knopf
Disaster
Program
Manager
American Red
Cross –
Northern CA
Coastal
Region
simon.knopf@redcros
s.org
5. Representatives
of nonprofit
organizations,
including
community-based
organizations
9.1.3. Public Outreach
Continued public involvement was imperative to the overall success of the plan’s implementation. The update process provided an opportunity to solicit participation from new and existing stakeholders, publicize success stories of mitigation efforts and seek additional public comments. The plan’s maintenance and update will include continued public and stakeholder involvement and input through attendance at designated committee meetings, web postings, press releases to local media and public hearings. Figure 16 illustrates how the public was encouraged to participate in the survey. The City of Fortuna utilized a variety of free and easily accessible communication channels, including the city webpage, Facebook and X.
CITY OF FORTUNA ANNEX
288
Figure 16: Public Outreach Methods
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The public survey received 44 responses from residents of the City of Fortuna. When asked, “What types of projects do you believe the County and other local jurisdictions (cities and community service districts) should be doing to reduce damage and disruption from natural hazard events?” most indicated that they wanted to see mitigation projects focused on upgrades to bridges, power, roads, water supply and wastewater, improvements to public infrastructure against potential impacts from climate change, restoration of the natural environment to absorb impacts from natural hazards and opportunities for training for the public to better respond to natural disasters. One example of City of Fortuna’s efforts to incorporate public feedback into mitigation actions: FOR5 – Identify and pursue strategies to increase adaptive capacity to climate change, including but not limited to the following:
• Assess storm drain infrastructure, natural waterways and associated floodplains for condition and capacity, then implement projects that provide adaptive capacity for increased rainfall and runoff.
• Mitigate fire-related risk by participating in fire mitigation measures, defensible space, education and outreach and supporting Firewise communities’ programs.
Public feedback was incorporated, as appropriate, into the City of Fortuna’s risk assessment and the list of ideas which the City reviewed during the Mitigation Action Workshop to determine which should be included in the updated list of mitigation actions for this plan update. This process is reflected in the area-wide actions that Fortuna selected for inclusion in the update.
9.1.3.1.VULNERABLE POPULATION OUTREACH
Some Fortuna residents may be disproportionately affected by natural hazard events for reasons other than proximity to high-risk areas. Vulnerable and underserved residents in Fortuna may have less access to information and resources to help mitigate risk and increase preparedness for emergencies. To better understand the risks and vulnerabilities city residents face, this planning update developed a bilingual public survey that collectively identified ways to support, enhance and broaden capacity and resilience at the individual and social network levels. The city used a multi-tiered approach with multiple stakeholders’ social media accounts and the city website, which residents often use.
9.1.4. Plan Integration
9.1.4.1.INTEGRATION INTO LOCAL PLANNING MECHANISMS
This section identifies where such integration is already in place and where there are opportunities for further integration in the future. The successful implementation of this plan will require constant and vigilant review of existing plans and programs to ensure coordination and identify multi-objective opportunities that promote a safe, sustainable community. Existing planning mechanisms into which this plan has been integrated are listed in Table 160.
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Table 160: Previous Plan Integration for the City of Fortuna Plan Name Description
Capital Improvement Plan
(CIP)
The CIP is updated annually, and LHMP action items inform CIP projects.
The plan must also identify the local planning mechanisms where the updated hazard mitigation information and actions may be integrated in the future. The plan must describe each participant’s process for integrating information from the mitigation strategy into their identified planning mechanisms. Table 161 displays how each community will integrate the hazard mitigation plan into other planning mechanisms in the future.
Table 161: Future Types of Plan Integration for the City of Fortuna Type of Plan Integration Method
General Plan, Safety
Element
The city plans to update the General Plan in the next few years. The city will adopt an ordinance to incorporate the HMP in the Safety Element of the General Plan.
9.2. Risk Assessment
This plan must develop a comprehensive risk assessment to systematically identify the specific hazards and vulnerabilities of the most concern for each jurisdiction, as displayed in Table 162 and Table 163. For further information about these hazards, including extent, please refer to Volume 1 of this HMP.
Table 162: City of Fortuna Hazards
Type of Hazard Event Jurisdiction Impact?
(Yes/No)
If Not, What Is the Rationale for
Omitting Hazard?
Dam Failure No There are no dams of sizable risk in
the vicinity.
Drought Yes
Earthquake Yes
Extreme Heat Yes
Extreme Cold Yes
Flooding Yes
Landslide Yes
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Type of Hazard Event Jurisdiction Impact?
(Yes/No)
If Not, What Is the Rationale for
Omitting Hazard?
Tsunami Yes
Wildfire Yes
Wind Yes
Winter Weather Yes
Table 163: City of Fortuna Risk Assessment
Type of Hazard
Event
Probability
of Future
Occurrence
People
Impact
Property
Impact
Economy
Impact Category
Drought Medium High Low Low Medium
Earthquake High High High High High
Extreme Heat Medium Medium Low Low Low
Extreme Cold Medium Medium Low Low Low
Flooding High Medium High High High
Landslide High Low Medium Low Medium
Tsunami None Low None Low Low
Wildfire Medium High High High High
Wind High Medium Medium Medium High
Winter Weather Low Low Low Low Low
Note: The process for assigning risk rankings is described in Volume 1.
9.2.1. Historical Events and Impacts
The following section lists past occurrences of natural hazards for which specific impacts and damages were recorded in the City of Fortuna. Other hazard events that broadly affected the entire planning area, including the City of Fortuna, are listed in the risk assessments in Volume
1. 9.2.1.1.HISTORICAL EVENTS
Fortuna has experienced a relatively calm weather pattern in recent times, with no recorded storm events directly affecting it. However, the broader northern Humboldt coastal region has
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faced several storm events, as documented by the National Storm Events Database, which can be reviewed in the Humboldt County Annex.
While Fortuna itself may have avoided the brunt of these storms, neighboring areas have seen varying impacts, ranging from high winds to heavy rainfall. Fortuna’s proximity to the coast means it can still feel the effects of these weather systems, even when it does not experience severe weather directly. The National Centers for Environmental Information database does not always capture localized hazard data. The City of Fortuna has documented additional significant events to address this gap, and their impacts are detailed below.
DROUGHT
• April 12, May 10 and July 8, 2021: Proclamation of State of Emergency issued. The city’s water shortage contingency plan measures were put into place. • Oct. 19, 2021: Executive Order declaring a statewide drought emergency.
EARTHQUAKE
• Nov. 3, 2024: Earthquake with a magnitude of 3.4. There was damage to buildings, property, roadways, water and gas distribution lines.
• Jan. 27, 2023: Earthquake with a magnitude of 3.2. There was damage to buildings, property, roadways, water and gas distribution lines.
EXTREME HEAT AND COLD
• February, 2023: This event brought significant cold temperatures to much of California, including Fortuna. The cold wave was notable for its intensity and the impact on residents and infrastructure.
• August, 2022: State of emergency due to a heatwave.
• July, 2021: Extreme heat due to the heat dome phenomenon. • January, 2019: During this period, parts of Northern California, including Fortuna, experienced a cold snap with temperatures dropping significantly. The cold weather was part of a broader pattern affecting the West Coast at the time.
FLOODING
• April 14, 2023: Flooding due to severe winter storms. • March 10, 2023: Flooding due to severe winter storms. • Jan. 9, 2023: Flooding due to severe winter storms. Heavy rainstorms and subsequent flood warnings led to significant flooding in Fortuna. The city worked to manage the overflow from the Eel River, and emergency services responded to assist with impacted areas.
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• Winter, 2021–2022: Multiple storms brought heavy rainfall to the area, contributing to river flooding and saturated ground conditions. There were reports of flooding in the low-lying regions of Fortuna.
• January, 2021: Continued heavy rainfall led to further flooding problems. Emergency services were active in monitoring conditions and responding to flood-related incidents. • December, 2020: Another significant event occurred in December, 2020 when storms brought excessive rain and flooding to various parts of Humboldt County. Fortuna experienced similar issues as rivers swelled, causing street flooding with at least 5 inches of rain and impacting homes.
• May 17, 2019: Flooding due to severe winter storms.
• February, 2019: Heavy rains caused significant flooding across Humboldt County, including Fortuna. The Eel River rose rapidly, resulting in localized flooding and the closure of roads.
LANDSLIDE
• 2025: A landslide occurred at 2300 Hillside Drive, in the driveway to the house near the gate. The property owner covered it up and had Mercer Fraser inspect it. • December, 2025: There were two affected areas. The first location is around the 3900 block of South Loop Road. Bank erosion on Jameson Creek affected the roads. The second location is also around the 3900 block of South Loop Road. A group of redwood trees fell from the bank into Jameson Creek, requiring an emergency repair. The trees were removed, and the bank and road were restored.
TSUNAMI
• Dec. 5, 2024: Tsunami warning issued.
WILDFIRE
• Sept. 22, 2024: Wildfire near Palmer Blvd. and U.S. Highway 101, north of Fortuna.
Residents in the Hansen Dr. area were asked to evacuate. The fire was estimated to be 1/4 acre in size.
• Aug. 25, 2024: The East Fire broke out 2.3 miles south-southwest of Fortuna. The fire was estimated to be 115 acres in size.
• August Complex Fire, 2020: This large wildfire impacted parts of Northern California, including areas near Fortuna. Dry conditions and high winds exacerbated the fire.
WIND
• No events have occurred for this hazard.
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WINTER WEATHER
• No events have occurred for this hazard.
9.2.2. Jurisdiction-Specific Vulnerabilities and Impacts Table 164 provides information on a few key vulnerabilities and impacts on the City of Fortuna.
Table 164: City of Fortuna Vulnerabilities and Impacts
Hazard Vulnerabilities and Impacts
Drought Vulnerabilities: Residents may face vulnerabilities from drought due to limited access to clean drinking water, which may result in health issues. Agricultural communities are at risk as crop yields decline, directly impacting local farmers and food supply in areas with limited irrigation infrastructure or reliance on surface water. Critical infrastructure is also affected, with water treatment facilities experiencing reduced capacity. Fire suppression systems may become less effective, heightening the risk of wildfires.
Impacts: The impacts on people include increased health risks, especially to the homeless population and individuals who work outdoors, and economic strain on local businesses reliant on agriculture and tourism. For critical infrastructure, drought can cause shortages in water delivery systems and impair wastewater management, creating public health risks and long-term community challenges.
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Hazard Vulnerabilities and Impacts
Extreme Cold Vulnerabilities: The primary vulnerability related to extreme cold is inadequate insulation in residential structures, which can lead to higher heating demands and increased energy costs. Many homes, particularly older ones in areas such as the downtown, and neighborhoods with historical character might not be equipped to handle severe temperature drops. Additionally, certain populations, including the elderly and individuals with preexisting health conditions, are especially vulnerable to the health effects of extreme cold, such as hypothermia and frostbite.
Impacts: The impacts of extreme cold on people can manifest as increased health-related issues, including respiratory problems and elevated rates of hospitalization among vulnerable groups such as the elderly, children and those with preexisting health issues.
Infrastructure also can suffer, with pipes freezing and bursting, leading to water damage and costly repairs. Transport may be disrupted by icy roads, particularly in hilly areas that are less frequently maintained during winter weather, affecting both emergency response times and daily commuting.
Extreme Heat Vulnerabilities: Vulnerabilities to extreme heat are heightened in areas with less tree cover and vegetation, such as some residential neighborhoods on the outskirts of town. Homes without adequate cooling systems or those that are poorly ventilated are particularly at risk. The increased presence of concrete and asphalt in urbanized areas can lead to urban heat island effects, further contributing to localized warming. Additionally, certain community members, including lowincome families and those without access to air-conditioning, face greater risks during heat waves.
Impacts: The impacts of extreme heat on residents can include heat exhaustion, heat stroke and exacerbated chronic health conditions.
The strain on local healthcare systems can increase, particularly during prolonged heat events. Infrastructure can also be negatively affected; for example, power outages may occur as demand for cooling peaks and road surfaces may degrade more rapidly under extreme temperatures. Water sources can become stressed due to increased evaporation and higher consumption rates, leading to potential shortages, especially in drought-prone areas surrounding Fortuna.
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Hazard Vulnerabilities and Impacts
Earthquake Vulnerabilities: The entire population of the City of Fortuna is vulnerable to seismic activity from the Big Lagoon Bald Mountain Fault, from very strong peak ground acceleration (18-34%g). Emergency response systems may become overwhelmed, limiting support during crises. Critical infrastructure has its own vulnerabilities; roads and bridges may not withstand significant shaking, potentially collapsing and obstructing emergency services. Additionally, utility lines for electricity, gas and water could be damaged, disrupting essential services.
Impacts: For critical infrastructure, service disruptions could occur, with damaged roads hindering emergency responses and
compromised utilities depriving residents of essential services.
Communities might face reduced access to shelters, food and medical care, resulting in economic strain.
Flooding Vulnerabilities: Flooding creates vulnerabilities for residents, especially those in low-lying areas near the Eel River who are at a greater risk of displacement. This situation can threaten their safety and well-being.
Critical infrastructure is also at risk, with roads and bridges potentially compromised, limiting access to emergency services and disrupting public transportation.
Impacts: The impacts can include loss of property and displacement, leading to economic hardships and emotional strain, especially for vulnerable populations. For critical infrastructure, flooding can overwhelm water treatment facilities, creating unsafe drinking water.
Damaged roads may impede emergency services and slow recovery efforts, affecting the entire community.
Landslide Vulnerabilities: Residents of Fortuna face risks from landslides, particularly in unstable areas such as the east side near Humboldt Redwoods State Park. This can lead to displacement and safety concerns. Critical infrastructure, like roads and utility lines, is also at risk, as landslides can block access and damage essential services.
Impacts: The impacts on people include loss of life, potential injuries, loss of homes, and economic hardship due to displacement. For critical infrastructure, landslides can disrupt transportation and utility services, complicating access to healthcare and increasing public health risks.
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Hazard Vulnerabilities and Impacts
Tsunami Vulnerabilities: Fortuna, California, is somewhat sheltered from tsunami impacts due to its location along the Eel River, but it remains vulnerable to flooding if river levels rise significantly.
Impacts: A tsunami-triggered flood of the Eel River could impact Fortuna, such as through the inundation of residential areas, leading to property damage and the displacement of residents. Key
infrastructure, such as roads and utilities, would be at risk, complicating emergency response efforts and transportation.
Additionally, local businesses could face economic losses, while public health risks may arise from contaminated water supplies.
Wildfire Vulnerabilities: Residents of Fortuna are vulnerable to wildfires, especially those near forested areas, facing evacuation threats and potential property loss. Hilly and mountainous regions, particularly near the Van Duzan River and zones adjacent to the Eel River, are more susceptible due to dense forest cover, steep slopes and riparian vegetation. Many homes lack fire-resistant materials, increasing risk.
Critical infrastructure, like water supply systems, may struggle to support firefighting efforts, and access roads can become blocked, hindering emergency response.
Impacts: Wildfires can lead to loss of homes and possessions for residents, causing emotional distress and financial instability. Health risks from smoke inhalation can also affect vulnerable populations. For critical infrastructure, damage to utility lines and communication networks disrupts essential services, delays recovery and harms the local economy, particularly businesses reliant on tourism.
Wind Vulnerabilities: Residents of Fortuna are at risk from falling trees and branches due to strong winds, which can threaten safety and property.
Critical infrastructure, such as power lines and communications systems, is vulnerable to outages and disruptions.
Impacts: The impacts on people may include property damage, leading to financial strain and emotional distress. Injuries from debris are also a concern. For critical infrastructure, wind disruptions can cause power outages and hinder communication, impacting emergency response and community safety.
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Hazard Vulnerabilities and Impacts
Winter Weather Vulnerabilities: During winter weather, residents face risks from snow and ice, leading to hazardous travel conditions and difficulty accessing essential services. Poor insulation in many homes increases the risk of heat loss, putting vulnerable populations, like the elderly, in danger of hypothermia. Critical infrastructure is also vulnerable; public transportation can be disrupted, and roads may be damaged by heavy snowfall and ice, hindering emergency response and the delivery of essential services like water and electricity.
Impacts: The impacts on people include increased risks of accidents and health issues related to cold exposure, alongside isolation from family and services due to impassable roads. For critical infrastructure, winter weather can disrupt services and increase repair costs.
Damaged roads and power outages can impair transportation, leave residents without heating and strain local businesses, affecting overall public health and community well-being.
9.2.2.1.DEVELOPMENT CHANGES
Table 165 summarizes development trends in the City of Fortuna since the preparation of the previous hazard mitigation plan, as well as expected future development trends.
Table 165: Recent and Expected Future Development Trends Type of
Development
Recent
Development Future Development
Overall Vulnerability
(Increased, Decreased,
No Change)
Residential Annually, 20–50
new residential
dwelling units.
Potential residential
development of 250
dwelling units or more over
the next 5 years.
Increased,
development =
increased risks.
Commercial Approximately one
to two per year for
the last 5 years.
Potential new commercial
development in the
Fortuna Mill Commerce
Center and citywide,
exceeding 300,000 square
feet. This development is
considered long-term.
There has been minimal
change in recent years,
but it could be
significantly higher if
the former mill site is
developed.
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Type of
Development
Recent
Development Future Development
Overall Vulnerability
(Increased, Decreased,
No Change)
Industrial None Potential significant
industrial development
(400,000 sq. ft.) at the
Fortuna Mill Commerce
Center and citywide. This
development is considered
long-term.
There has been no
change in recent years;
however, increased
vulnerabilities may
occur if the former mill
site is developed.
9.3. Capability Assessment
Local mitigation capabilities are essential for reducing the impact of hazards on communities.
Local authorities can effectively mitigate hazards by leveraging existing authorities, policies, programs and resources. The City of Fortuna performed an assessment of its existing capabilities for implementing hazard mitigation actions. The capability assessment is evaluated upon a multifaceted approach, including the following:
• Planning and Regulatory Capabilities
• Administrative and Technical Capabilities
• Financial Capabilities
• Education and Outreach Capabilities
9.3.1. Planning and Regulatory Capabilities
Table 166 and Table 167 summarize the City of Fortuna’s planning and regulatory capabilities, including plans, policies, codes and ordinances that prevent and reduce the impacts of hazards.
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Table 166: Plans
Plans
Does the Plan
Address
Hazards? (Y/N)
How Can the Plan Be Used
to Implement Mitigation
Actions?
When Was It Last
Updated? When Will It
Next Be Updated?
General Plan Yes
Assembly Plan:
No
The General Plan does not
include all identified hazard
risks. Additionally, the Safety
Element should be updated
sooner than the General
Plan update timeline to
incorporate the LHMP, the
newly adopted CAL FIRE Fire
Hazard Severity Zone maps
and evacuation routes.
Last Update: 10/2010
Next Update: 01/2030
Recovery Plan N/A N/A N/A
Capital
Improvement
Plan
Yes The City of Fortuna’s Capital
Improvement Program
routinely has projects that
address flooding and
earthquake resilience. While
the city does incorporate
LHMP mitigations this could
probably increase.
Last Update: 06/2024
Next Update: 06/2025
Climate Change
Adaptation Plan
N/A N/A N/A
Community
Wildfire
Protection Plan
N/A N/A N/A
Economic
Development
Plan
N/A N/A N/A
Land Use Plan Yes Add potential new
requirements related to
additional identified risk
hazards.
Last Update: 03/2011
Next Update: 01/2030
Local Emergency
Operations Plan
N/A N/A N/A
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Plans
Does the Plan
Address
Hazards? (Y/N)
How Can the Plan Be Used
to Implement Mitigation
Actions?
When Was It Last
Updated? When Will It
Next Be Updated?
Stormwater
Management
Plan
Yes The City’s Stormwater
Management Plan currently
addresses flooding but could
be expanded to look at other
hazards.
Last Update: 04/2024
Next Update: 04/2034
Transportation
Plan
N/A N/A N/A
Substantial
Damage Plan
N/A N/A N/A
Debris
Management
Plan
N/A N/A N/A
Forest
Management
Plan
N/A N/A N/A
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Table 167: Regulations and Ordinances
Regulation or
Ordinance
Does This
Effectively Reduce
Hazard Impacts?
Is It Adequately
Administered and
Enforced?
When Was It Last
Updated? When Will It
Next Be Updated?
Building Code Yes Yes. California
Building Standards
Code (CBSC), which
is based on the
International Code
Council (ICC) codes.
The CBSC includes
various model
codes, such as the
California Building
Code, Residential
Code, Plumbing
Code, Mechanical
Code and Electrical
Code. These codes
are updated every
three years, with
the current edition
being the 2022
version, effective
January 1, 2023.
Last Update: 01/2023
Next Update: 01/2026
Flood Insurance
Rate Maps
Yes Yes Last Update: 11/2016
Next Update: 11/2030
Floodplain
Ordinance
Yes Yes Last Update: 11/2008
Next Update: 11/2030
Subdivision
Ordinance
Yes Yes Last Update: 01/2008
Next Update: 01/2030
Zoning Ordinance Yes Yes Last Update: 03/2011
Next Update: 01/2030
Natural Hazard
Specific Ordinance
Yes Yes Last Update: 11/1999
Next Update: 01/2030
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Regulation or
Ordinance
Does This
Effectively Reduce
Hazard Impacts?
Is It Adequately
Administered and
Enforced?
When Was It Last
Updated? When Will It
Next Be Updated?
Acquisition of Land
for Open Space and
Public Recreation
Use
N/A N/A N/A
Prohibition of
Building in At-Risk
Areas
N/A N/A N/A
9.3.2. Administrative and Technical Capabilities
Table 168 and Table 169 summarize the City of Fortuna’s administrative and technical capabilities, including the staff and their respective skills and the available tools to support mitigation actions.
Table 168: Administrative Capabilities
Administrative
Capability
Status
(Non-Vacant,
Vacant)
Is Staffing
Adequate?
Is Staff
Trained on
Hazards?
Is Coordination
Effective?
Chief Building Official Non-Vacant No Yes No
Grant Writer Vacant N/A N/A N/A
Civil Engineer Non-Vacant Yes Yes Yes
Community Planner Non-Vacant No Yes Yes
Emergency Manager Vacant No N/A N/A
Floodplain
Administrator
Non-Vacant Yes Yes Yes
Geographic Information
System (GIS)
Coordinator
Vacant N/A N/A N/A
Planning Commission Non-Vacant Yes No No
Fire Safe Council Vacant N/A N/A N/A
Community Emergency
Response Team (CERT)
Vacant N/A N/A N/A
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Administrative
Capability
Status
(Non-Vacant,
Vacant)
Is Staffing
Adequate?
Is Staff
Trained on
Hazards?
Is Coordination
Effective?
Active Organizations
Active in Disaster
Non-Vacant No Yes Yes
Table 169: Technical Capabilities
Technical
Capability
Utilized?
(Y/N)
How Has the Capability
Been Used to Assess or
Mitigate Risk in the Past?
How Can the Capability Be
Used to Assess or Mitigate
Risk in the Future?
Hazard Data and
Information
Yes Through the entitlement
process, we require
geotechnical and soil
reports on soil stability and
landslides. We utilize data
from engineering studies
and design to manage
stormwater effectively and
prevent flooding.
The General Plan and Zoning
Ordinance could include
more data to develop wildfire
zones or other data-driven
regulations.
GIS Yes We haven’t used it for risk
mitigation purposes, except
when examining floodplain
extents.
Develop and utilize layers for
wetlands, seismic zones,
wildfire areas, stream
setbacks and topography.
Mutual Aid
Agreements
Yes The police and volunteer
fire departments work with
other local agencies to
increase responsiveness.
We also provide this to
participating jurisdictions
and allied agencies.
Mutual aid agreements
enhance Fortuna’s ability to
assess and mitigate risks from
disasters, such as flooding, by
enabling resource sharing,
streamlining emergency
response coordination and
providing collaborative
training. They also support
community preparedness and
recovery efforts, ultimately
strengthening the area’s
resilience to future
emergencies.
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Technical
Capability
Utilized?
(Y/N)
How Has the Capability
Been Used to Assess or
Mitigate Risk in the Past?
How Can the Capability Be
Used to Assess or Mitigate
Risk in the Future?
On-call
consulting
contracts for GIS
specialists and
developing a
Regional Climate
Action Plan.
Yes Consultants have been used
as technical resources to
help move projects
forward.
The Regional Climate Action
Plan could help inform
necessary amendments to
the General Plan and Zoning
Regulations.
9.3.3. Financial Capabilities
Table 170 summarizes the City of Fortuna’s financial capabilities, which refer to the resources to fund mitigation actions. Discussing the funding and financial capabilities of the city is important to determine the kinds of projects that are feasible given their cost.
Table 170: Financial Capabilities
Funding Resource Used?
(Y/N) What Types of Activities?
Can Be Used
to Fund Future
Mitigation
Actions?
Can Be Used
as a Local
Match for a
Federal Grant
Capital
Improvement
Project Funding
Yes Infrastructure resilience
projects
Yes Yes
General Funds Yes Staff time and infrastructure
resilience projects
Yes Yes
Hazard Mitigation
Grant Program
(HMGP/404)
Yes The first project we
undertook was the
installation of standby
emergency generators at two
water pumping stations. This
project was completed in
2023. The next project was
completion of an updated
Stormwater Vulnerability
Assessment, which reviewed
our storm drain network and
prioritized projects to be
completed.
Yes, we have
more
mitigation
actions that
could be
funded.
No
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Funding Resource Used?
(Y/N) What Types of Activities?
Can Be Used
to Fund Future
Mitigation
Actions?
Can Be Used
as a Local
Match for a
Federal Grant
Building Resilient
Infrastructure and
Communities
(BRIC)
No N/A No No
Flood Mitigation
Assistance (FMA)
No N/A N/A No
Community
Development
Block Grant
(CDBG)
No N/A N/A Yes
Natural Resources
Conservation
Services (NRCS)
Programs
No N/A N/A N/A
U.S. Army Corps
of Engineers
(USACE) Programs
No N/A N/A N/A
Property, Sales,
Income or Special
Purpose Taxes
Yes Assessment benefit district
for flood control (property
taxes utilized)
Yes Yes
Stormwater Utility
Fee
Yes No No No
Fees for Water,
Sewer, Gas or
Electric Services
Yes Water and sewer
infrastructure resilience
projects.
Yes Yes
Impact Fees from
New Development
and
Redevelopment
Yes No No No
General
Obligation or
Special Purpose
Bonds
Yes No No No
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Funding Resource Used?
(Y/N) What Types of Activities?
Can Be Used
to Fund Future
Mitigation
Actions?
Can Be Used
as a Local
Match for a
Federal Grant
Federal-Funded
Programs
No N/A N/A No
State-Funded
Programs
Yes Programs: Emergency
response programs through
CAL OES and Caltrans.
Activities: Roadway hazard
mitigation or emergency
openings to establish
connectivity.
Yes Yes
Private Sector or
Nonprofit
Programs
No N/A N/A Yes, a private
sector or
nonprofit
program can
often be used
as a local
match for a
federal grant,
but it largely
depends on
the specific
grant program
and its
requirements.
9.3.4. Education and Outreach Capabilities
Table 171 summarizes the City of Fortuna’s education and outreach capabilities, which refer to programs and actions that can communicate information about and encourage risk reduction.
Table 171: Education and Outreach
Education and Outreach
Capability
Used?
(Y/N)
Does It Incorporate
Hazard Mitigation? Notes
Community Newsletter(s) No N/A N/A
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Education and Outreach
Capability
Used?
(Y/N)
Does It Incorporate
Hazard Mitigation? Notes
Hazard Awareness
Campaigns (such as
Firewise, Storm Ready,
Severe Weather Awareness
Week, School Programs)
No N/A N/A
Public Meetings/Events Yes No The city holds public
meetings of the Planning
Commission and City Council
as well as other boards and
commissions.
Emergency Management
Listserv
Yes No N/A
Local News Yes Yes N/A
Distributing Hard Copies of
Notices (e.g., Public
Libraries, Door-to-Door
Outreach)
No No N/A
Insurance Disclosures/
Outreach
No N/A N/A
Organizations that
Represent, advocate for or
Interact with Underserved
and Vulnerable
Communities
Yes No American Red Cross
Social media Yes No Facebook and X (Twitter)
Weekly Press Releases No N/A N/A
9.3.5. Opportunities to Expand and/or Improve Capabilities The capability assessment findings were reviewed to identify opportunities to expand, initiate or integrate capabilities to further hazard mitigation goals and objectives. These opportunities are included in Table 172. Where such opportunities were identified and determined to be feasible, they are included in the action plan.
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Table 172: Opportunities to Expand and/or Improve
Capability Type Opportunity to Expand and/or Improve
Planning and
Regulations
The city would like to develop a Community Wildfire Plan and an Economic Development Plan.
Administrative and
Technical
Add GIS functionality with more hazard layers. Increase Community Development staff.
Financial Adding a grant writing specialist would improve the city’s ability to apply for, secure and implement grant funding. Additionally, if the city could increase revenue through sales tax or special taxes earmarked for mitigation or matching funding use(s), additional work could be performed in this area.
Education and
Outreach
As a small community, we are staffed only well enough to meet minimums. With additional staff and resources, we could be more proactive in mitigation, public outreach and education, among other areas. Additionally, we do not have a Public Information Officer, so information tends to be disseminated on a project-byproject basis.
9.4. National Flood Insurance Program
The City of Fortuna has been a participant in the NFIP since 1982. Details of NFIP policies in the City of Fortuna are in Table 173. Additional NFIP information is in Table 174 through Table 176.
Continued compliance with NFIP standards is expected for the City of Fortuna.
Table 173: City of Fortuna NFIP Details
Community
Name
Community
Number
Total Premium +
FPF 15
Total Policy
Count Total Coverage Total Losses
Fortuna, City
of
060063B $30,285 30 $9,976,000.00 4
Table 174: Floodplain Management
Question Response
Who is the floodplain manager? Is this
their primary or secondary role?
City Engineer
15 FPF: Federal Policy Fee
CITY OF FORTUNA ANNEX
310
Question Response
Does the floodplain manager have
adequate training and capacity for their
role? If not, what else is needed?
Yes
How does the community enforce its
floodplain rules? Does enforcement
include monitoring compliance and
acting to correct violations?
The city ensures the enforcement of floodplain
rules through participation in the NFIP, the
building permit review process and inspections
to ensure compliance.
When was the community’s most recent
Community Assistance Visit (CAV)?
04/2024
Were any violations noted on the
community’s most recent CAV?
No.
Is there an upcoming CAV? If no, is one
needed?
Upcoming CAV: No. Is one needed? No
When was the most recent floodplain
management ordinance adopted?
11/1987
Does your community participate in the
Community Rating System (CRS)? If so,
describe the steps the community has
taken to achieve the CRS goals.
No
Does the community’s floodplain
management ordinance include any
higher standards? If so, please list.
No
Who is responsible for permitting? Engineering and Community Development staff How does the community issue
development permits in the special flood
hazard area?
Development permits in special flood hazard
areas are evaluated for NFIP conformance
through the building permit and inspection
process.
Does the community maintain elevation
certificates?
Yes
Does the community track the number
of buildings in the special flood hazard
area? If yes, are there any trends?
Yes. In the prior six years, two building permits
have been approved in the flood hazard area.
How many repetitive loss (RL) structures
does the community have?
(List number and type of structure)
0 CITY OF FORTUNA ANNEX
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Question Response
How many severe repetitive loss (SRL)
structures does the community have?
(List number and type of structure)
0 Have any RL/SRL properties been
mitigated since the last plan update?
No
Who is responsible for making
substantial damage/substantial
improvement determinations?
City Engineer, Community Development Director
and Building Official
How does the substantial
damage/substantial improvement
process work in your community?
City staff evaluates and assesses each situation
on a case-by-case basis, then follows the NFIP
and any other applicable regulations.
Is there sufficient staff and training to
make substantial damage/substantial
improvement determinations?
Yes
How are substantial damage/substantial
improvement requirements messaged to
the public before and after an event?
We have not been faced with this issue.
Have any substantially
damaged/substantially improved
structures been mitigated since the last
plan update?
No
How will the community remain in
compliance with the NFIP moving
forward?
(Simply stating “the community will
continue to comply with the NFIP” will
not meet FEMA’s planning
requirements)
The city will implement any recommendations
identified through Community Assistance visits.
We will ensure that ordinances meet NFIP
minimum standards and continue to train city
staff on NFIP requirements.
Table 175: Floodplain Mapping
Question Response
How does the community support map
change requests? This could be requests
during the Risk MAP process or through
Letters of Map Amendment or Revision.
The community provided maintenance
easements that allowed for flood mitigation
projects along Rohner Creek.
CITY OF FORTUNA ANNEX
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Question Response
When did the latest Flood Insurance
Rate Map (FIRM) become effective?
11/2016
When was the latest FIRM adopted? 11/2016
Is the FIRM and Flood Insurance Study
(FIS) report in an accessible location?
How would the public get access to their
flood map information?
Yes. It is available on the city’s website and also
posted on FEMA’s website.
Does the community use any Risk MAP
products? If so, describe.
No
Does the community collect updated
floodplain data or modeling? Is this
shared with partners and with FEMA?
Yes
Table 176: Flood Insurance and Outreach
Question Response
How does the community educate the
public on floodplain management and
the availability of flood insurance, in and
out of the floodplain?
By providing access to FEMA’s FIRM through the
city’s GIS Parcel Finder web application
How does the community engage with
insurance agents on flood insurance?
N/A
Does the community (or state) have
flood hazard disclosure laws?
Yes
How familiar is the public with their
flood insurance options?
Needs further investigation
How many properties have flood
insurance in the community?
30 Are there any areas where flood
insurance is lacking?
Yes, land areas adjacent to creeks
CITY OF FORTUNA ANNEX
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9.5. Mitigation Strategy
The City of Fortuna has adopted the same goals and prioritization process as Humboldt County in Volume 1. Previous mitigation actions and their statuses are in Table 177, while new mitigation action items and those carried forward from the previous plan are in Table 178.
9.5.1. Previous Mitigation Actions
Table 177: Previous Mitigation Actions
Mitigation
Action Description Status
FOR1 Where appropriate, support retrofitting, purchase
or relocation of structures located in hazard areas,
prioritizing those that have experienced repetitive
losses and/or are located in high- or medium-risk
hazard areas.
Deferred
FOR2 Integrate the hazard mitigation plan into other
plans, ordinances and programs that dictate land
use decisions in the community, including General
Plan, Storm Drain Master Plan, Emergency
Operations Plan, Debris Management Plan.
Deferred
FOR3 Actively participate in the plan maintenance
protocols outlined in Volume 1 of this hazard
mitigation plan.
Deferred
FOR4 Continue to maintain good standing and
compliance under the NFIP through the
implementation of floodplain management
programs that, at a minimum, meet the NFIP
requirements:
• Enforce the flood damage prevention
ordinance.
• Participate in floodplain identification and
mapping updates.
• Provide public assistance/information on
floodplain requirements and impacts.
Deferred
CITY OF FORTUNA ANNEX
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Mitigation
Action Description Status
FOR5 Identify and pursue strategies to increase adaptive capacity to climate change, including but not
limited to the following:
• Assess storm drain infrastructure, natural
waterways and associated floodplains for
condition and capacity and implement and
prioritize projects that provide adaptive
capacity for increased rainfall and runoff.
• Mitigate fire-related risk by participating in fire
mitigation measures, defensible space,
education and outreach and supporting
Firewise communities’ programs.
Deferred
FOR6 Implement flap gate valves at various locations
throughout the city.
Deferred
FOR7 Increase channel capacity in localized regions
affected by repetitive flooding incidents.
Deferred
FOR8 Stabilize hillsides from mass landslide movements
at or adjacent to street rights-of-way, including but
not limited to P Street (12th to 14th) bank
stabilization (CIP 9656).
Deferred
FOR9 Prepare the Citywide Storm Water Management
Master Plan to inform future Citywide
Vulnerability Assessments (CVAs) in the HighPriority Management Plans (HPMs) and implement high-priority projects that improve the capacity
and resiliency of the system, including the Home
Avenue Culvert Replacement (CIP 9704) and the
3rd Street culvert replacement.
Deferred. Plan completed
in 2024. Follow-up action
for this item will be to
complete the project
identified in the
Vulnerability Assessment.
FOR10 Elevate control panels at the Water Supply facility above 100-year Flood Elevation and provide
seismic retrofit of electrical connections.
Deferred
FOR11 Seismic Retrofit of At-Grade Water Storage Tanks.
Including but not limited to Campton Heights and
Hilltop Reservoirs.
Deferred
FOR12 Elevate the roadway above the flood elevation,
including the Dinsmore Drive flood control (CIP
9502).
Deferred
CITY OF FORTUNA ANNEX
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Mitigation
Action Description Status
FOR13 Continue to maintain compliance and good
standing under the National Flood Insurance
Program. This will be accomplished through the
implementation of floodplain management
programs that, at a minimum, will meet the
minimum requirements of the NFIP, which include
the following:
• Enforcement of the adopted flood damage
prevention ordinance,
• Participating in floodplain identification and
mapping updates, and
• Providing public assistance/information on
floodplain requirements and impacts
Deferred
FOR14 Implement generators for critical facilities and
infrastructure that lack adequate backup power,
including water pump stations, water disinfection
and corrosion control facilities, sewer pump
stations, emergency operations centers.
Deferred. Two generator
installations were
completed in 2024 using
HMGP funds; however, the
city would like to plan for
other possible locations.
FOR15 Develop an Emergency Operation Plan, establish
an Emergency Operations Center and training for
staff related to hazard mitigation or post-disaster
recovery.
Deferred
FOR16 Update FEMA FIRM special flood hazard areas to
reflect current flood risk based on updated
topography and rainfall frequencies to better
communicate risk and identify and implement
flood mitigation projects through channel and
floodplain restoration.
Deferred. Some of this
work was completed in
2022 by remapping the
floodplain for Rohner
Creek. Other areas of
Strongs or Mill Creek could
be explored in the future.
FOR17 Coordinate the upgrading or implementation of
radio communications and emergency
communication equipment with other area
jurisdictions.
Deferred
FOR18 Support the development of Firewise Community
programs; implement defensible space
requirements including education and outreach.
Deferred
CITY OF FORTUNA ANNEX
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9.5.2. Updated Mitigation Actions
Table 178: 2025 Mitigation Actions16
# Action Description Priority Lead Agency Hazards
Mitigated
Potential
Funding
Source(s)
Estimated
Cost
New and/or
Existing
Asset
Timeframe
for
Completion
Vulnerable
Population
Benefit?
Community
Lifelines
Benefit?
FOR1 Where appropriate, support the retrofitting,
purchase or relocation of structures located in
hazard areas, prioritizing those that have
experienced repetitive losses and/or are situated
in high- or medium-risk hazard areas.
Medium Fortuna City
Manager
Earthquake,
flooding,
landslide, wildfire
HMGP,
PDM, FMA
$20,000,000 Existing 5+ years Yes All
FOR2 Integrate the hazard mitigation plan into other
plans, ordinances and programs that dictate land
use decisions in the community, including the
General Plan, Storm Drain Master Plan,
Emergency Operations Plan and Debris
Management Plan.
Medium Fortuna City
Manager
Drought,
earthquake,
flooding,
landslide, wildfire
Staff time,
general
funds
$65,000 Both 1–2 years Yes All
FOR3 Actively participate in the plan maintenance
protocols outlined in Volume 1 of this hazard
mitigation plan.
Medium Fortuna City
Manager
All hazards Staff time,
general
funds
$100,000 Both 1–5 years Yes All
16 BRIC: Building Resilience Infrastructure and Communities, FMA: Flood Mitigation Assistance, HMGP: Hazard Mitigation Grant Program, PDM: Pre-Disaster Mitigation
CITY OF FORTUNA ANNEX
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# Action Description Priority Lead Agency Hazards
Mitigated
Potential
Funding
Source(s)
Estimated
Cost
New and/or
Existing
Asset
Timeframe
for
Completion
Vulnerable
Population
Benefit?
Community
Lifelines
Benefit?
FOR4 Continue to maintain good standing and
compliance under the NFIP through the
implementation of floodplain management
programs that, at a minimum, meet the NFIP
requirements:
• Enforce the flood damage prevention
ordinance.
• Participate in updating floodplain
identification and mapping.
• Provide public assistance and information on
floodplain requirements and impacts.
Medium Fortuna City
Manager
Flooding, severe
weather
Staff time,
general
funds
$1,000,000 Both 1–2 years Yes All
FOR5 Identify and pursue strategies to increase
adaptive capacity to climate change, including
but not limited to the following:
• Assess storm drain infrastructure, natural
waterways and associated floodplains for
condition and capacity, then implement
projects that provide adaptive capacity for
increased rainfall and runoff.
• Mitigate fire-related risk by participating in
fire mitigation measures, defensible space,
education and outreach and supporting
Firewise communities’ programs.
Medium Fortuna City
Manager
Flooding, wildfire Staff time,
general
funds
$1,000,000 Both 1–2 years Yes All
FOR6 Implement flap gate valves at various locations
throughout the city.
Medium Fortuna City
Manager
Flooding, severe
weather
Staff time,
general
funds
$2,000,000 Existing 1–2 years Yes All
FOR7 Increase channel capacity at localized regions of
repetitive flooding incidents.
Medium Fortuna City
Manager
Flooding HMGP,
PDM, FMA
$2,000,000 Existing 1–2 years Yes All
CITY OF FORTUNA ANNEX
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# Action Description Priority Lead Agency Hazards
Mitigated
Potential
Funding
Source(s)
Estimated
Cost
New and/or
Existing
Asset
Timeframe
for
Completion
Vulnerable
Population
Benefit?
Community
Lifelines
Benefit?
FOR8 Stabilize hillsides from mass landslide
movements at or adjacent to street rights of
way, including but not limited to P Street (12th
to 14th) bank stabilization (CIP 9656).
Medium Fortuna City
Manager
Earthquake,
flooding,
landslide, wildfire
HMGP,
PDM, FMA
$10,000,000 Both 3–5 years Yes Transportation
FOR9 Prepare Citywide Storm Water Management
Master Plan to inform citywide vulnerability
assessment in future High Priority Management
HPMs and Implement high priority projects that
improve the capacity and resiliency of the
system, including Home Avenue Culvert
Replacement CIP 9704 and 3rd street culvert
replacement.
Medium Fortuna City
Manager
Flooding HMGP,
PDM, FMA
$100,000 Both 1–2 years Yes Water Systems,
Hydration,
Transportation
FOR10 Elevate control panels at Water Supply facility
above 100-year Flood Elevation and provide
seismic retrofit of electrical connections.
Medium Fortuna City
Manager
Flooding,
Earthquake
Staff time,
general
funds
$2,000,000 Existing 3–5 years Yes Safety and
Security,
Transportation
FOR11 Seismic Retrofit of at-grade water storage tanks, including but not limited to Campton Heights
and Hilltop Reservoirs.
Medium Fortuna City
Manager
Earthquake HMGP,
PDM, FMA
$1,000,000 Existing 1–2 years Yes Hydration,
Water Systems
FOR12 Elevate roadway above flood elevation, including
Dinsmore Drive flood control (CIP 9502).
Medium Fortuna City
Manager
Flooding HMGP,
PDM, FMA
$10,000,000 Existing 1–2 years Yes Transportation,
Safety and
Security
FOR14 Implement generators for critical facilities and
infrastructure that lack adequate backup power,
including water pump stations, water
disinfection and corrosion control facilities,
sewer pump stations, emergency operations
centers.
Medium Fortuna City
Manager
Earthquake,
flooding,
landslide, severe
weather, wildfire
HMGP,
PDM, FMA
$1,000,000 Both 1–2 years Yes Power
CITY OF FORTUNA ANNEX
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# Action Description Priority Lead Agency Hazards
Mitigated
Potential
Funding
Source(s)
Estimated
Cost
New and/or
Existing
Asset
Timeframe
for
Completion
Vulnerable
Population
Benefit?
Community
Lifelines
Benefit?
FOR15 Develop an Emergency Operation Plan, establish
an Emergency Operations Center and training for
staff related to hazard mitigation or post-disaster
recovery.
Medium Fortuna City
Manager
Earthquake,
flooding,
landslide, severe
weather, wildfire
Staff time,
general
funds
$1,000,000 Both 1–2 years Yes Safety and
Security
FOR15 Update FEMA FIRM special flood hazard areas to
reflect current flood risk based on updated
topography and rainfall frequencies to better
communicate risk and identify and implement
flood mitigation projects through channel and
floodplain restoration.
Medium Fortuna City
Manager
Flooding HMGP,
PDM, FMA
$1,000,000 Both 1–2 years Yes Safety and
Security
FOR16 Coordinate the upgrading or implementation of
radio communications and emergency
communication equipment with other area
jurisdictions.
Medium Fortuna City
Manager
Earthquake,
flooding,
landslide, severe
weather, wildfire
Staff time,
general
funds
$50,000 Both 1–2 years Yes Safety and
Security,
Communication
FOR17 Support the development of Firewise
Community programs; implement defensible
space requirements including education and
outreach.
Medium Fortuna City
Manager
Wildfire Staff time,
general
funds
$50,000 Both 1–2 years Yes Safety and
Security
FOR18 Consider adopting a vegetation management
ordinance for existing and new development in
wildland-urban interface and/or areas
designated as having moderate or greater fire
risk.
High Fortuna City
Manager
Wildfire,
landslides
Staff time,
general
funds
$50,000 Both 1–2 years Yes Safety and
Security
FOR19 Develop ordinance requiring a certain
percentage of front and rear setback areas to
contain only permeable development features to
promote infiltration and reduce stormwater
runoff.
High Fortuna City
Manager
Drought,
flooding,
landslide,
extreme
temperatures,
dam failure
Staff time,
general
funds
$50,000 Both 1–2 years Yes Safety and
Security, water
systems
CITY OF FORTUNA ANNEX
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# Action Description Priority Lead Agency Hazards
Mitigated
Potential
Funding
Source(s)
Estimated
Cost
New and/or
Existing
Asset
Timeframe
for
Completion
Vulnerable
Population
Benefit?
Community
Lifelines
Benefit?
FOR21 Prepare a comprehensive Hazardous Materials
Area Response Plan
Medium Fortuna City
Manager
Fire General
funds,
HMGP,
PDM, FMA
$100,000 Both 1–2 years Yes All lifelines
FOR22 Conduct microgrid feasibility study High Fortuna City Manager
Earthquake,
wildfire, extreme
temperatures,
dam failure,
flooding, wind
General
funds,
HMGP,
PDM, FMA
$100,000 Both 1–2 years Yes Power
FOR23 Consider prohibiting shake roofs in wildlandurban interface and/or areas designated as having moderate or greater fire risk.
Medium Fortuna City
Manager
Wildfire Staff time,
general
funds
$50,000 Both 1–3 years Yes Safety and
Security
FOR24 Explore the feasibility of establishing community resilience hubs
Medium Fortuna City
Manager
Dam failure,
drought,
earthquake,
extreme
temperatures,
flooding,
landslide,
tsunami, wildfire,
wind, winter
weather
Staff time,
general
funds
$50,000 New 1–3 years Yes Safety and
Security
FOR25 Actively participate in the area wide mitigation
actions.
High Fortuna City
Manager
All hazards Staff time,
general
funds
$150,000 Both 5+ years Yes All
FOR26 Perform a feasibility study for potential
evacuation routes for rural, single access
roadways, including Home Avenue, Carson
Woods Road and Mill Street.
Medium Fortuna City
Manager
Wildfire,
landslide, severe
weather,
earthquake, wind
HMGP,
PDM, FMA,
BRIC
$100,000 Existing 1–2 years Yes Transportation,
Safety and
Security
CITY OF FORTUNA ANNEX
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# Action Description Priority Lead Agency Hazards
Mitigated
Potential
Funding
Source(s)
Estimated
Cost
New and/or
Existing
Asset
Timeframe
for
Completion
Vulnerable
Population
Benefit?
Community
Lifelines
Benefit?
FOR27 Install creek bank revetments or other
engineered system to protect structures against
bank erosion or landslides, specifically along
Jameson and Mill Creeks
High Fortuna City
Manager
Landslide,
flooding
HMGP,
PDM, FMA,
BRIC
$20,000,000 Both 3–5 years Yes All
FOR28 Install a new water tank in the southern Fortuna
area servicing City Pressure Zone 8 to increase
firefighting capacity and water supply resiliency
High Fortuna City
Manager
Wildfire, drought City
enterprise
funds,
HMGP,
BRIC, PDM,
FMA
$50,000 New 1 year Yes Water Systems,
Safety and
Security
FOR29 Install PV systems at critical city facilities to provide energy resiliency for buildings and
vehicle charging
High Fortuna City
Manager
Earthquake,
extreme
temperature,
flooding, wind
HMGP,
PDM, FMA,
BRIC
$1,000,000 New 3–5 years Yes Power
FOR30 Develop a Hillside Development Ordinance High City of Fortuna
Earthquake,
flooding,
landslide,
wildfire, wind
Staff time,
general
funds
$50,000 Both 2–5 years No Transportation
RESOLUTION 2026-08
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FORTUNA, AUTHORIZING ADOPTION OF THE
HUMBOLDT COUNTY OPERATIONAL AREA HAZARD
MITIGATION PLAN 2025 UPDATE
WHEREAS, all of Humboldt County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and
WHEREAS, pro-active mitigation of known hazards before a disaster can reduce or eliminate long-term risk to life and property; and
WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, a coalition of Humboldt County, Cities, Towns, Tribes and Special Districts with like planning objectives has been formed to pool resources and create consistent mitigation strategies within the Humboldt County Operational Area; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy;
NOW, THEREFORE, BE IT RESOLVED that the City of Fortuna:
1. Adopts Volume I and the Fortuna Annex portion of Volume II of the Humboldt County Operational Area Hazard Mitigation Plan (HMP) 2025 update.
2. Will use the adopted and approved portions of the HMP to guide pre- and post-disaster mitigation of the hazards identified.
3. Will coordinate the strategies identified in the HMP with other planning programs and mechanisms under its jurisdictional authority.
4. Will continue its support of the Steering Committee and continue to participate in the Planning Partnership as described by the HMP.
5. Will help to promote and support the mitigation successes of all HMP Planning Partners.
PASSED AND ADOPTED on this 6
th day of April 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mike Johnson, Mayor
ATTEST: _________________________
Siana L. Emmons, City Clerk
Consent Agenda Item 3d
STAFF REPORT
Consent Agenda Item
DATE: April 6, 2026
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Approve Pay Schedule, Appointment and Employment Contract for Community Development Director/City Engineer
STAFF RECOMMENDATION:
Approve the updated pay schedule and the appointment of Brendan Byrd as the Community Development Director/City Engineer and authorize the City Manager to execute the employment contract.
EXECUTIVE SUMMARY:
The Fortuna Municipal Code (FMC) identifies the Community Development Director/City Engineer as the Department Head for the Community Development Department with the main purpose of operating and maintaining the city’s streets, drainage system, buildings, utility system, vehicles, and equipment. The position of Community Development Director has been either on leave or vacant since August 15, 2025. The position is an unrepresented at-will position under the supervision of the City Manager.
The City updated 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. FMC 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:
• 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.
The City conducted a recruitment and interviewed qualified applicants for the position. The City was fortunate to receive an application from a highly qualified candidate for the position named Brendan Byrd. Mr. Byrd is familiar with the City as he was the City’s Public Works Director/ City Engineer from August 2019 to April 2025.
Mr. Byrd has a bachelor’s degree from Cal Poly Humboldt and is a licensed Professional Engineer. Mr. Byrd most recently is serving as the Executive Director to the Humboldt County Association of Governments since April 2025 where he was responsible for the planning and executive leadership of Humboldt County’s 7th Cycle Regional Housing Needs Allocation Process, 2026 update to the Regional Transportation Plan and 2026 Regional Transportation Improvement Program.
The Council reviewed with the City Manager the Community Development Director/City Engineer potential recruitment on February 2 and approved an exception to the hiring freeze on March 2. The recruitment for the position immediately followed the approval of the exception to the hiring freeze. Mr. Byrd has accepted the offer and is expected to start work around June 22, 2026. During Mr. Byrd’s previous tenure with the City, after five years of employment he received an employment contract. Therefore, it is recommended the City Council appoint Mr.
Byrd to the position of Community Development Director/City Engineer and authorize the City Manager to execute the employment agreement.
FISCAL IMPACT:
The total pay and benefits cost of the employment contract with the Community Development Director/City Engineer is within the budgeted amount included in the Fiscal Year (FY) 2025-2026 budget due to salary savings from the position being vacant for an extended period. This position, as with past Director’s, is distributed across the General Fund, Development Funds – Building and Development Review, as well as Enterprise Fund Water and Wastewater. There is an increase to the General Fund of $4,000 due to a salary increase, as the previous salary was not competitive locally or statewide and will be included in the Fiscal Year 2026-27 budget. This increase in FY 26-27 will be entirely offset by decreasing the amount of contracted Planning services.
In addition, as staff continue to expand the Community Development Block Grant (CDBG) program, there is an opportunity to leverage CDBG administrative funds to offset staff costs. Staff Consent Agenda Item 3d
Consent Agenda Item 3d
are also exploring modifications to the Building Program to possibly incorporate code enforcement functions, which are partially supported by Measure E.
RECOMMENDED COUNCIL ACTION:
Approve the updated FY25-26 Pay Schedule and appointment of the Community Development Director/City Engineer and authorize the City Manager to execute the employment contract.
Consent Agenda vote.
ATTACHMENT:
• Employment contract
• FY 2025-26 Pay Schedule
CITY OF FORTUNA COMMUNITY DEVELOPMENT DIRECTOR/CITY ENGINEER
EMPLOYMENT AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, is made and entered into this ______day of June 2026, was made and entered into by and between the CITY OF FORTUNA, California (hereinafter "CITY"), and BRENDAN BYRD (hereinafter "EMPLOYEE") each of whom understand and agree as follows:
WITNESSETH
WHEREAS, Employer desires to obtain the services of said employee to perform the duties of the Community Development Director/City Engineer; and
WHEREAS, it is the desire of the parties to establish certain conditions of employment and to set forth the working conditions of the employee within the framework of an at-will employment relationship; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
SECTION 1. DUTIES
A. Employer hereby agrees to employ said Employee as Community Development Director/City Engineer to perform the functions and duties of Community Development Director/City Engineer as set forth in the Fortuna Municipal Code.
B. Employee shall perform other legally permissible and proper duties and functions, as the City Manager shall from time-to-time assign.
C. It is recognized that the position of Community Development Director/City Engineer may call for unusual work hours. It is therefore agreed the employee will devote the necessary amount of time and energy needed to faithfully perform the duties of Community Development Director/City Engineer under this Agreement, and generally be available during normal work hours or otherwise as approved by the City Manager.
SECTION 2. TERM
A. The term of this Agreement, unless terminated earlier as provided for in this Agreement, shall be for a period of three (3) years, commencing on June 22, 2026.
B. Pursuant to the Charter of the City of Fortuna and its Municipal Code, the parties acknowledge and agree that the Community Development Director/City Engineer serves at the pleasure of the City Manager; that there exists no contract for or right to employment; either expressed or implied, with the sole exception of the provisions contained herein; that the City Manager may terminate the employment of the EMPLOYEE with or without cause; and that upon such termination, with or without cause, EMPLOYEE'S sole remedy under the laws of the State of California, the laws of these United States, the Charter of the City of Fortuna, its Municipal Code, and this Agreement consists of the provisions contained in Section 3 hereof.
C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of EMPLOYEE to resign at any time from his position with CITY, subject only to the provisions set forth in Section 3 of this Agreement.
D. EMPLOYEE agrees to remain in the exclusive employ of CITY during the employment term, and neither to accept, nor to become employed by another employer until said termination date, unless said termination date is effected as hereinafter provided. Notwithstanding, with the consent of, and at the sole discretion of the City Manager, EMPLOYEE may accept compensation for outside consulting, writing, or speaking engagements; or while teaching or training; or while serving on the Board of Directors of one or more corporations; provided however, that such outside activities or work are not inconsistent or incompatible with CITY employment.
SECTION 3. TERMINATION AND SEVERANCE PAY
A. This Agreement shall terminate upon the occurrence of any of the following events:
1. Upon thirty (30) days’ notice given to CITY by EMPLOYEE upon election by the City Manager to terminate this Agreement without cause; or 2. Upon the death of EMPLOYEE; or 3. Upon the effective date of retirement from CITY service pursuant to PERS; or 4. Upon decision of the City Manager of CITY to terminate EMPLOYEE with cause (as defined below); or 5. upon thirty (30) days’ notice given by EMPLOYEE to CITY upon the election by EMPLOYEE to resign.
B. "Termination for Cause" shall include:
1. Willful breach of this Agreement pursuant to Labor Code Section 2924.
2. Habitual neglect of the duties required to be performed as Community Development Director/City Engineer pursuant to Labor Code Section 2924.
3. Any acts of dishonesty, fraud, or other acts of moral turpitude.
4. Conviction of any act which would constitute a serious crime, whether misdemeanor or felony.
5. Willful violations of CITY policies of a serious nature, including for example, CITY'S sexual harassment or drugs-in-the-work-place policies.
C. Pursuant to Fortuna Municipal Code, should EMPLOYEE be terminated or suspended for cause, EMPLOYEE shall have a written notice of the cause of his removal or suspension from duty, and he shall have the opportunity to be heard on the cause of his removal or suspension before a public hearing of the City Council.
D. In the event CITY at any time during the employment term reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across the board reduction for management employees, or in the event the City refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, then, in that event EMPLOYEE may at his option, be deemed to be "terminated without cause" at the date of such reduction or such refusal to comply with the meaning or the context of the herein severance pay provision.
SECTION 4. COMPENSATION
A. CITY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual, base salary of $135,000, payable in installments at the same time as other employees of CITY are paid. Pursuant to CITY personnel policies and procedures, EMPLOYEE will be reviewed and evaluated annually following the EMPLOYEE’S anniversary date of hire, and annually thereafter.
B. In addition, CITY agrees to increase said salary in increments of 3 percent per year each July 1 (commencing with July 1, 2027) provided that the EMPLOYEE has performed in a satisfactory manner during the previous annual review period, as determined by the City Manager.
C. Except as hereinafter provided, EMPLOYEE shall receive such other and further benefits as are accorded other management employees of CITY, including, but not limited to, vacation, holidays, sick and bereavement leaves, and management leave days.
D. Vacation Pay. Notwithstanding anything in the Agreement or policies of the CITY to the contrary, and in recognition of EMPLOYEE’s prior service to the CITY, Employee shall accrue vacation hours at the rate of 136 hours (four weeks) of vacation leave per fiscal year, commencing with the 2026-2027 fiscal year.
Additionally, for the current fiscal year (i.e., 2025-2026), Employee shall, at the commencement of his employment, receive a one-time accumulation of 34 hours of vacation and 40 hours of sick leave.
Employee shall accrue and utilize vacation leave in the same manner as other unrepresented employees of Employer.
SECTION 5. AUTOMOBILE
A. Employee’s duties require that he have the use at all times during his employment with Employer of an automobile. In addition, Employer shall provide a car allowance of three hundred fifty dollars ($350) per month to compensate Employee for the use of his personal vehicle.
SECTION 6. EQUIPMENT
A. CITY shall provide all business computing, and communications equipment and service costs, furniture, and fixtures necessary and convenient to carry out the terms of this Agreement.
B. All such equipment, furniture and fixtures provided by CITY shall be deemed the property of CITY.
SECTION 7. DISABILITY, HEALTH, AND LIFE INSURANCE
A. The Employer agrees to provide health insurance (including medical, dental, and vision coverage to the Employee and eligible dependents), life insurance, workers compensation, and short-term disability coverage to the Employee, and to pay all premiums thereon on the same basis as other Unrepresented Employees of the City.
B. Employee shall have the option to “buy-out” the employer’s health insurance coverage, and if Employee elects to do so, Employee shall be paid the then current rate paid to other City Employees exercising this option.
C. Employer’s Medicare contribution of 1.45% is matched by an Employee contribution of 1.45% of Employee’s salary for mandated Medicare coverage.
SECTION 8. RETIREMENT
A. Employer agrees to pay the Employer’s Cost, excluding the Employee’s share, into the Public Employees’ Retirement System for the benefit of the Employee. Employee is a part of the PEPRA group (2.0% at 62 formula).
B. To the extent authorized by Internal Revenue Code Section 457 and regulations applicable thereto (“federal laws”), CITY agrees to pay annually, in bi-weekly installments, on behalf of EMPLOYEE 75% of the maximum allowable contribution pursuant to applicable federal laws, into the EMPLOYEE’S deferred compensation account with the City’s current deferred compensation provider.
SECTION 9. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
A. To the extent, as provided and agreed upon by the City Council, in the CITY'S annual budget, CITY agrees to pay the dues and subscriptions of EMPLOYEE necessary for his contribution and full participation in national, regional, state and local associations necessary and desirable for his continued professional participation, growth, and advancement, and to maintain active communication with and through local organizations, and for the good of CITY.
B. To the extent, as provided and agreed upon by the City Council, in the CITY'S annual budget, CITY hereby agrees to pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, short courses, institutes, seminars and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official and other functions for CITY.
C. The Employee shall utilize and accrue, and have credited and removed from his personal account holidays (including floating holidays), vacation and sick leave at the same rate and on the same basis as other Unrepresented Employees of the City. In the event of the termination or retirement of this agreement, the employee shall be entitled to payment of all leave balances in accordance with this agreement. Earned Sick leave shall be compensated according to the same practice as other Unrepresented Employees.
D. EMPLOYEE shall receive 80 hours of management leave per year in recognition of the time EMPLOYEE must work outside normal office hours.
SECTION 10: INDEMNIFICATION.
In addition to that required under state and local law, CITY shall defend, save harmless, indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE'S duties. The CITY, however, expressly does not waive, and does fully retain all discretion reserved to it by law under Government Code Sections 995 through 996.6, and successor provisions, if any. CITY may compromise and settle any such claims or disputes and pay the amount of any settlement or judgment rendered thereon.
SECTION 11. GENERAL PROVISIONS
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE and may only be amended by the mutual written agreement of the parties.
C. If any provisions, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
D. If any provisions of the of CITY'S Personnel Rules, Regulations, and Policies conflict with the at-will employment status described in this Agreement, such conflicts will be resolved in favor of the at-will status contained in this Agreement.
E. CITY and EMPLOYEE agree that they will, at all times, assist each other in defending any litigation involving CITY, or EMPLOYEE'S duties with CITY, and CITY agrees to defend EMPLOYEE against any claim or action against him arising out of an act or omission occurring within the scope of his employment. The parties shall each comply with the requirements of Section 825 of the Government Code or its successor, in implementing this paragraph.
IN WITNESS WHEREOF, the City of Fortuna, State of California, has caused this Agreement to be signed and executed on its behalf by its City Manager, and duly attested by its City Clerk, and the EMPLOYEE has signed and executed this Agreement, both in duplicate, the day and year first above written.
EMPLOYEE EMPLOYER
___________________________ __________________________
Brendan Byrd, Amy Nilsen, City Manager
Community Development Director/City Engineer
ATTEST:
___________________________
Siana Emmons, City Clerk
FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
305 Bus Driver II (1) F20 Yr: 38,212.09 39,740.57 41,330.20 42,983.41 44,702.74 46,490.85 306 Conference Center Coordinator (1) Hr: 21.6132 22.4778 23.3769 24.3119 25.2844 26.2958 320 Facility Custodian (1)
325 Park Maintenance Worker II (1)
312 Account Clerk II (1) F21 Yr: 39,440.54 41,018.17 42,658.89 44,365.25 46,139.86 47,985.45 326 Street Maintenance Worker II (1) Hr: 22.3080 23.2004 24.1284 25.0935 26.0973 27.1411 334 Records Clerk (2) F22 Yr: 40,604.18 42,228.35 43,917.48 45,674.18 47,501.15 49,401.20 Hr: 19.5213 20.3021 21.1142 21.9588 22.8371 23.7506
338 Administrative Assistant II (1) F23 Yr: 40,286.71 41,898.18 43,574.11 45,317.07 47,129.76 49,014.95 Hr: 22.7867 23.6981 24.6460 25.6319 26.6572 27.7234
313 Recreation Program Supervisor (4) F24 Yr: 40,681.68 42,308.95 44,001.31 45,761.36 47,591.81 49,495.48 Hr: 23.0101 23.9305 24.8877 25.8832 26.9185 27.9952
327 Utility Worker II (1) F25 Yr: 41,371.20 43,026.05 44,747.09 46,536.97 48,398.45 50,334.39 Hr: 23.4000 24.3360 25.3095 26.3219 27.3747 28.4697
350 Community Services Officer II (2) F26 Yr: 43,056.35 44,778.61 46,569.75 48,432.54 50,369.84 52,384.64 351 Police Officer Trainee (2) Hr: 20.7002 21.5282 22.3894 23.2849 24.2163 25.1850 352 Park Maintenance Worker III (1) F27 Yr: 42,472.71 44,171.62 45,938.48 47,776.02 49,687.06 51,674.54 356 Accounting Technician (1) Hr: 24.0231 24.9840 25.9834 27.0227 28.1036 29.2277 353 Street Maintenance Worker III (1) F28 Yr: 43,240.36 44,969.98 46,768.78 48,639.53 50,585.11 52,608.51 365 Treatment Plant Operator I/OIT (1) Hr: 24.4573 25.4356 26.4530 27.5111 28.6115 29.7560 367 Administrative Assistant III (2) F29 Yr: 46,309.55 48,161.93 50,088.41 52,091.95 54,175.62 56,342.65 Hr: 22.2643 23.1548 24.0810 25.0443 26.0460 27.0879
354 Utility Worker III (1) F30 Yr: 45,604.74 47,428.93 49,326.08 51,299.13 53,351.09 55,485.14 Hr: 25.7946 26.8264 27.8994 29.0154 30.1760 31.3830
Classification
Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) Adopted By Council at 4-6-26 Meeting (Effective 4-6-26) FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
376 Facility Maintenance Worker III (1) F31 Yr: 46,435.03 48,292.43 50,224.13 52,233.09 54,322.42 56,495.32 Hr: 26.2642 27.3148 28.4074 29.5437 30.7254 31.9544
382 Vehicle & Equip Mechanic (1) F32 Yr: 47,265.33 49,155.94 51,122.18 53,167.06 55,293.75 57,505.50 Hr: 26.7338 27.8032 28.9153 30.0719 31.2748 32.5258
370 Treatment Plant Operator II (1) F33 Yr: 47,778.43 49,689.57 51,677.15 53,744.24 55,894.01 58,129.77 Hr: 27.0240 28.1050 29.2292 30.3984 31.6143 32.8789
387 Police Dispatcher II (2) F34 Yr: 51,377.25 53,432.33 55,569.63 57,792.41 60,104.11 62,508.27 Hr: 24.7006 25.6887 26.7162 27.7849 28.8963 30.0521
384 Lead Park Maintenance Worker (1) F35 Yr: 49,890.38 51,886.00 53,961.44 56,119.90 58,364.69 60,699.28 389 Senior Administrative Assistant - CD (1) Hr: 28.2186 29.3473 30.5212 31.7421 33.0118 34.3322 390 Senior Administrative Assistant - PW (1)
375 Conference Center Manager (4) F36 Yr: 50,379.51 52,394.69 54,490.47 56,670.09 58,936.90 61,294.37 391 Sr Administrative Assistant / Deputy City Clerk (3) Hr: 28.4952 29.6351 30.8205 32.0533 33.3354 34.6688 380 Lead Street Maintenance Worker (1) F37 Yr: 50,788.43 52,819.97 54,932.77 57,130.08 59,415.28 61,791.89 400 Building Inspector (1) Hr: 28.7265 29.8756 31.0706 32.3134 33.6060 34.9502 398 Treatment Plant Operator III (1) F38 Yr: 51,979.20 54,058.37 56,220.70 58,469.53 60,808.31 63,240.64 401 Lead Vehicle & Equip Mechanic (1) Hr: 29.4000 30.5760 31.7991 33.0711 34.3939 35.7696 381 Lead Utility Worker (1) F39 Yr: 53,627.69 55,772.80 58,003.71 60,323.86 62,736.82 65,246.29 404 Laboratory Director (1) Hr: 30.3325 31.5458 32.8076 34.1199 35.4847 36.9041 405 Planner II (4) F40 Yr: 54,153.46 56,319.59 58,572.38 60,915.27 63,351.88 65,885.96 406 Building Inspector II (1) Hr: 30.6298 31.8550 33.1292 34.4544 35.8326 37.2659 408 Police Officer (2) F41 Yr: 60,570.89 62,993.73 65,513.48 68,134.02 70,859.38 73,693.75 Hr: 29.1207 30.2855 31.4969 32.7568 34.0671 35.4297
Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) Adopted By Council at 4-6-26 Meeting (Effective 4-6-26) FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
403 Treatment Plant Operator III/Shift Supervisor (1) F42 Yr: 56,073.89 58,316.84 60,649.52 63,075.50 65,598.52 68,222.46 Hr: 31.7160 32.9847 34.3041 35.6762 37.1033 38.5874
422 Engineering Tech II (4) F43 Yr: 58,235.36 60,564.77 62,987.36 65,506.86 68,127.13 70,852.22 430 Finance Office Supervisor (4) Hr: 32.9386 34.2561 35.6264 37.0514 38.5335 40.0748 432 Payroll/Benefits Administrator (3)
440 Police Sergeant (2) F47 Yr: 73,390.08 76,325.68 79,378.71 82,553.86 85,856.01 89,290.25 Hr: 35.2837 36.6951 38.1629 39.6894 41.2770 42.9281
450 Senior Planner (4) F54 Yr: 71,248.15 74,098.07 77,062.00 80,144.48 83,350.26 86,684.27 458 Building Official (4) Hr: 40.2988 41.9107 43.5872 45.3306 47.1439 49.0296 460 General Services Superintendent (4)
462 Utility Superintendent (4)
463 Chief Treatment Plant Operator (4)
465 Parks and Recreation Director (4)
480 Deputy City Engineer (4) F60 Yr: 79,568.74 82,751.49 86,061.54 89,504.01 93,084.17 96,807.53 Hr: 45.0050 46.8052 48.6774 50.6245 52.6495 54.7554
472 Lieutenant (4) F61 Yr: 81,138.75 84,384.30 87,759.67 91,270.06 94,920.86 98,717.69 Hr: 39.0091 40.5694 42.1922 43.8799 45.6351 47.4605
464 City Clerk/Human Resource Manager (5) F65 Yr: 88,110.02 91,634.42 95,299.80 99,111.79 103,076.26 107,199.31 Hr: 49.8360 51.8295 53.9027 56.0588 58.3011 60.6331
487 Community Development Dir/City Engineer(5) F66 Yr: 110,960.16 115,398.57 120,014.51 124,815.09 129,807.69 135,000.00 Hr: 62.7603 65.2707 67.8816 70.5968 73.4207 76.3575
488 Public Works Director (4) F70 Yr: 101,116.76 105,161.43 109,367.89 113,742.60 118,292.31 123,024.00 Hr: 57.1928 59.4805 61.8597 64.3341 66.9075 69.5838
490 Finance Director (5) F72 Yr: 107,262.31 111,552.81 116,014.92 120,655.51 125,481.74 130,501.00 Hr: 60.6688 63.0955 65.6193 68.2441 70.9739 73.8128
Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) Adopted By Council at 4-6-26 Meeting (Effective 4-6-26) FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
495 Police Chief (5) F97 Yr: 148,000.00
Hr: 71.1539
499 City Manager (5) F99 Yr: 164,800.00
Hr: 93.2127
KEY:
(1) Represented; Fortuna Employees Association (4) Unrepresented; Management Group (2) Represented; Fortuna Police Employees Association (5) Unrepresented; Individual Contract (3) Unrepresented; Confidential Group
* NOTE: The Payroll Department will be paying based on the Hourly Pay as shown in this schedule. Yearly pay is shown for informational purposes only and may, due to rounding, differ slightly from Hourly Pay.
Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) Adopted By Council at 4-6-26 Meeting (Effective 4-6-26) Consent Agenda Item 3e
STAFF REPORT
Consent Agenda Item
DATE: April 6, 2026
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Second Amendment of Loan to Debra Kay Chisum for 320 Main Street STAFF RECOMMENDATION:
Staff recommends the City Council approve a second amendment to promissory note Secured by Deed of Trust between the City of Fortuna and Debra Kay Chisum.
EXECUTIVE SUMMARY:
In 2020 the City Council authorized the City Manager to negotiate a sale of the City-owned real property located at 320 Main Street with Debra Kay Chisum, who operates a restaurant at the location. The City previously acquired the property through a judicial foreclosure sale. The material terms of the sale, which were previously approved by the Council, are as follows: the purchase price for the real property was $375,000, payable by way of a $15,000 down payment and a City carried promissory note in the amount of $360,000. The promissory note is secured by a first priority deed of trust in and to the property, as evidenced by a lender’s policy of title insurance issued by Fidelity National Title Company. The loan accrues interest at the rate of 5% per annum and, although amortized over a thirty-year period, all principal and interest is due and payable on the fifth anniversary of the close of escrow. During the five-year period, Ms. Chisum will make sixty (60) monthly payments to the City, each in the amount of $1,932.56, and a balloon payment in the amount of $330,583.29 due on November 1, 2025.
At the November 3, 2025 Council Meeting, the first amendment was approved and authorized to extend the balloon payment due date to April 1, 2026.
Ms. Chisum has expressed an interest in extending the balloon payment due date a second time to continue to allow for her to sell other properties she owns so that she can make the balloon payment. Ms. Chisum has regularly made her monthly payment and is current on her loan.
Staff recommends that the City Council approve the second amendment to the Promissory Note extending the due date of the balloon payment to December 31, 2026, while continuing interim monthly payments and maintaining all other terms in the original note.
FINANCIAL IMPACT:
The estimated earnings from interest on the extended loan terms is similar to the amount of investment interest the City would earn if the loan was paid off on the original payment date. This Consent Agenda Item 3e
results in no overall fiscal impact to Fund 836, Business Loan Fund.
RECOMMENDED COUNCIL ACTION:
Approve the Second Amendment to Promissory Note Secured by Deed of Trust between the City of Fortuna and Debra Kay Chisum, extending the note’s maturity date to December 31, 2026, and authorize the City Manager to execute the amendment. Consent Agenda vote.
ATTACHMENTS:
• Original Promissory Note Secured by Deed of Trust
• Draft Second Amendment to Promissory Note Secured by Deed of Trust
SECOND AMENDMENT TO PROMISSORY NOTE
SECURED BY DEED OF TRUST
This Second Amendment to Promissory Note Secured by Deed of Trust (“Second Amendment”) is made and entered into as of April 6, 2026, by and between:
Borrower: Debra Kay Chisum, an individual (“Borrower”), and
Lender: City of Fortuna, a California public entity (“Lender”).
This Second Amendment is made and entered into on the basis of the following recitals of facts:
A. Borrower executed that certain Promissory Note Secured by Deed of Trust dated October 22, 2020, in the original principal amount of Three Hundred Sixty Thousand Dollars ($360,000.00) (the “Note”), payable to Lender.
B. The Note is secured by that certain Short Form Deed of Trust and Assignment of Rents, dated October 22, 2020, executed by Borrower in favor of Lender, recorded November 17, 2020, as Instrument No. 2020-021148, Official Records of Humboldt County, California (the “Deed of Trust”).
C. The parties entered into that certain First Amendment to Promissory Note Secured by Deed of Trust dated as of October 21, 2025 (“First Amendment”), pursuant to which the maturity date of the Note was extended to April 1, 2026 (the “Current Maturity Date”).
D. Borrower has requested, and Lender is willing to agree, to further extend the maturity date of the Note to allow additional time for payment of the remaining principal balance and accrued interest, while maintaining all other terms and continuing interim monthly payments.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Borrower agree to amend the Note as follows:
1. Extension of Maturity Date. The maturity date of the Note is hereby extended from April 1, 2026, to December 31, 2026 (the “Extended Maturity Date”). All principal and accrued interest remaining unpaid as of the Extended Maturity Date shall be due and payable in full on that date.
2. Continuing Interim Payments. Borrower shall continue making monthly installment payments of $1,932.56, or such adjusted amount as may be required under the Note, on each Installment Payment Date until the Extended Maturity Date. Each payment shall continue to be applied first to accrued interest and then to principal, at the Note Rate of 5.00% per annum.
3. Deed of Trust Remains in Effect. This Second Amendment constitutes an extension and renewal of the Note as referenced in the Deed of Trust. The lien, priority, and all terms of the Deed of Trust and all other loan documents securing the Note shall remain in full force and effect and shall continue to secure payment of the Note, as amended hereby.
4. No Other Changes. Except as expressly modified herein, all terms, covenants, and conditions of the Note, the Deed of Trust, and the First Amendment shall remain unchanged and in full force and effect.
5. Ratification. Borrower reaffirms all obligations under the Note, the Deed of Trust, and the First Amendment, as amended by this instrument.
6. Reaffirmation of Representations and Warranties. Borrower hereby reaffirms that all representations, warranties, and covenants made by Borrower in the Note, the Deed of Trust, and all related loan documents were true and correct when made and are true and correct in all material respects as of the date of this Second Amendment, with the same force and effect as if made on and as of such date.
7. No Transfer or Assignment. Borrower represents and warrants that Borrower has not sold, transferred, assigned, conveyed, pledged, or otherwise encumbered any portion of the property described in the Deed of Trust or any interest therein, nor has Borrower assigned or transferred any rights, obligations, or interests under the Note, the Deed of Trust, or any related loan documents. Borrower further covenants that Borrower shall not do so without the prior written consent of Lender.
8. No Default. Borrower represents and warrants that no event of default exists under the Note, the Deed of Trust, or any other loan document, and that Borrower is not aware of any condition that, with notice or the passage of time, would constitute a default. Nothing in this Second Amendment shall be deemed or construed as a waiver by Lender of any default or event of default, whether known or unknown, existing or future.
9. Consideration. Borrower acknowledges that the extension of the Maturity Date and the continued forbearance of Lender constitute good and valuable consideration for this Second Amendment, the receipt and sufficiency of which are hereby acknowledged.
10. Governing Law. This Second Amendment shall be governed by and construed in accordance with the laws of the State of California.
11. Counterparts; Electronic Signatures. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, email, or other electronic means shall be deemed original signatures for all purposes.
12. Entire Agreement. This Second Amendment, together with the Note, the Deed of Trust, and the First Amendment, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous negotiations and understandings.
SIGNATURE PAGE FOLLOWS THIS PAGE
BORROWER:
By: ___________________________
Debra Kay Chisum
Date: _________________________
LENDER:
CITY OF FORTUNA,
a California public entity
By: ___________________________
Name: _________________________
Its: ___________________________
Date: _________________________
Consent Agenda Item 3f
STAFF REPORT
Consent Agenda Item
DATE: April 6, 2026
TO: Honorable Mayor and Council Members
FROM: Brian Issa, Public Works Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Authorize the City Manager to Execute a Professional Services Contract Amendment with Jacobs for City’s Wastewater National Pollutant Discharge Elimination System Compliance Project (CIP 0171 Amendment #4).
STAFF RECOMMENDATION:
Authorize the City Manager to execute a professional services contract amendment in the amount of $409,821 with Jacobs to provide engineering and support services for the City of Fortuna Wastewater National Pollutant Discharge Elimination System (NPDES) Compliance Project, Capital Improvement Program (CIP) 0171, and establish a contract not to exceed limit of $5,100,302.
EXECUTIVE SUMMARY:
The City of Fortuna is the owner and operator of the Tom Cooke Memorial Wastewater Treatment Plant (WWTP). The plant currently operates as an activated sludge secondary treatment facility, which focuses on the removal of organic matter and suspended solids, and at present does not treat the effluent to remove nutrients (nitrogen or phosphorus). Under current operating conditions, treated effluent is discharged during wet weather periods to Strongs Creek and during dry weather periods to two percolation ponds located generally along the eastern bank of the Eel River.
The City’s WWTP operates under the jurisdiction of the North Coast Regional Water Quality Control Board (Board). In 2017 the Board adopted a Time Schedule Order (TSO) and Waste Discharge Requirement (WDR) for the City’s WWTP. Specifically these orders require that the City treat wastewater to remove nitrogen (by enforcing effluent nitrogen limits on the City’s WWTP), and to move the City’s dry weather effluent discharge from the existing percolation ponds to a new location not affecting surface water flows, the assumption being that the ponds are hydraulically linked to the adjacent river and therefore, discharge to the ponds is functionally equivalent to a direct river discharge. Also included in these orders is a compliance schedule, which outlines the timeframe in which the City is required to achieve the overarching goals of the orders. The primary work products required by the Board Orders are shown in the table below:
Consent Agenda Item 3f
Table 1. Summary of TSO and NPDES Permit Requirements.
Phase of Work TSO/NPDES Permit Requirement
Preliminary Engineering
and California
Environmental Quality
Act (CEQA)
Compliance
Evaluate water quality impacts of discharge on Strong’s Creek and the Eel River
Evaluate site-specific disposal alternatives and develop a technical report for the Preferred Alternative
Submit a preliminary report of waste discharge
Complete CEQA for the Preferred Alternative
Complete a Sanitary Sewer Evaluation Study
Develop a technical report for the Preferred Treatment Alternative Engineering Design,
Permitting, and
Construction
Secure funding for the preferred alternative
Secure necessary land rights and right of way
Complete final design plans, permits, and reports of waste discharge
Complete construction
After receiving the orders from the Board in 2017, the City began working with GHD to complete all items included in the Preliminary Engineering and CEQA Compliance phase of work, shown in Table 1 above. These items were completed and furnished to the Board in 2020.
After completing the Preliminary Engineering and CEQA Compliance phase of work, staff decided to put the Engineering Design and Permitting phase of the project out for competitive bid. In October of 2020, this culminated in awarding a $3 million engineering contract to Jacobs Engineering. In early 2021 the Jacobs team began developing work under the Project Definition phase of work in the scope, which included gathering treatment plant data, developing the wastewater process models, and performing the preliminary field investigations required to facilitate the design. These investigations included the geotechnical/geophysical investigation required to facilitate the design of the directionally-bored pipeline that at that time was envisioned to lead to a new subsurface effluent disposal field on the western side of the Eel River.
In early 2022, the City was contacted by the Regional Board regarding the City’s deliverables associated with the Preliminary Engineering and CEQA Compliance phase of work (as noted submitted in 2020). The Board took exception to the Preliminary Report of Waste Discharge, which showed that the proposed subsurface percolation field on the opposite side of the river could result in the same functional discharge to surfaced water as the existing ponds. This ultimately led to the City pivoting and approximately $625,000 of the original contract was repurposed for other professional support that was required to deal with the new project uncertainties. This work included assistance to update the City’s grant funding application, a CEQA document amendment, providing triennial review support, expediting the City’s water and wastewater rate study, and providing oversight for the City’s updated Anti-Degradation Analysis.
From 2022 to late 2024, City staff and Jacobs worked with the Regional Board to re-envision the project, specifically the requirement that the City move the location of summertime effluent discharge. Through some expanded analysis which modelled the proposed effluent disposal field on the opposite side of the river, it was found that over time the new percolation fields were anticipated to result in the same impacts as the current percolation ponds at the WWTP. With this finding City staff were very hesitant to proceed with a project that either could be rejected by the Board, or could be deemed out of compliance within a short period of time with the ever-changing regulatory climate. With no alternative disposal site apparent, in 2024 the City was directed by Consent Agenda Item 3f
Water Board staff to pursue an amendment to the Basin Plan to allow the City to continue to use the existing percolation ponds for summertime effluent disposal into the future. Rather than developing an alternative disposal regime, the City would seek an exemption to the summer surface water discharge prohibition under the premise that the City’s effluent has no potential to degrade surface water quality or adversely affect the beneficial uses thereof. The City was successfully added to the project review list in the summer of 2024. Since that time, staff have been actively working with the Regional Board, Jacobs and SHN to provide support for the City’s Basin Plan amendment request including significant efforts to characterize the flow of groundwater and any constituents that may be transported from the percolation ponds. This analysis is ongoing, but preliminary results appear to support the City’s stance that discharge to the ponds has no adverse effects on surface water quality.
With the disposal portion of the project on a track for an alternate resolution, staff worked with Jacobs to re-evaluate the treatment plant upgrade project. The primary goal of reassessing the Project Definition work phase was to make sure that the compliance project at the WWTP would be robust and scalable in the future, given that regulatory treatment mandates will continue to increase. Additionally, given that another five years had elapsed since the previous contract, staff identified several new items that needed to be included in the project, most notably including redesigning and constructing a new Supervisory Controls and Data Acquisition (SCADA) network, which is the system of hardware and software that runs and records the functions of the entire plant. The City’s current SCADA system will be unsupported by the hardware suppliers in 2028 and is extremely brittle and a significant source of concern for our operators. In April of 2025 staff brought an amended contract to Council for approval including this new scope of work.
SCADA design and implementation is complex and involves extremely specialized disciplines such as Project Logic Controller (PLC) programming, Human Machine Interface (HMI) development, electrical engineering, Information Technology (IT) network development and cyber security. Because these disciplines are largely unfamiliar to most City staff, SCADA projects require a great deal of faith that the contractor knows what they are doing, understands the City’s needs and has the resources to fully execute on that vision. Based on staff’s previous experience with SCADA upgrade projects and contractors that delivered incomplete or substandard work products that resulted in long-term operational issues and protracted litigation, we chose to frontload SCADA design providing additional focus on this task to ensure that Jacobs understood what the current situation was and what the City desires to achieve. Through this additional focus staff hope to ensure that the City receives a thorough, robust and secure update to the SCADA system ahead of commissioning the other equipment. Along the way, staff have called upon Jacobs to help us through SCADA outages and problems with the existing system which allowed them to become intimately familiar with its shortcomings.
It is often the case that treatment plant upgrades add new equipment and wiring to the system but don’t clean up the existing work or standardize equipment to ensure full functionality. The industry has advanced in the 25+ years since the system was originally built including advances in software, hardware, backups and security requirements and staff want to ensure that the system we are handed at the end of this project is built to industry standards. Staff have directed the Jacobs team to implement new software and hardware, to standardize equipment and clean up existing wiring and cabinet layouts whenever possible, the desired result being a “clean slate” moving forward rather than a collection of patches and band-aids on the existing system. The amendment reflects this additional direction and the work required to deliver a system that will serve the City for decades to come.
Consent Agenda Item 3f
The proposed amendment reflects the additional emphasis on the SCADA portion of the project and a refined understanding of the work involved on the part of the contractor. A detailed description of the services to be provided pursuant to this amendment is attached as Attachment 1.
The amendment has been reviewed in detail and staff believe the proposed fee is reasonable, and the proposed scope would cover the necessary work. Staff strongly recommend that the Council approve the proposed contract amendment.
FINANCIAL IMPACT:
The proposed contract amendment is included as Attachment 1, and the funding summary table from the amendment is presented below.
As shown, an additional $409,821 is being requested by Jacobs to augment the existing contract and take the SCADA Design phase of this project to full completion. The funding augmentations would go to the Final Engineering Design phase of work.
The additional design funding would be paid for from the Wastewater Reserve Fund (560), which currently has a 2025 year-end fund balance of $7.7 million. The NPDES Compliance Project was also one of the key budget considerations for the recent water and wastewater rate study and rate adjustments that were adopted in 2024. In the five-year rate study, the project was budgeted at $40 million in City funding potential, with an anticipated additional $5.5 million that is expected to be made available as grant funding from the Clean Water State Revolving fund. The current project delivery estimate is approximately $45 million (including Construction and Engineering), which generally matches the City’s budgeting at this point.
RECOMMENDED COUNCIL ACTION:
Motion to approve a professional services contract amendment in the amount of $409,821 with Jacobs Engineering to provide engineering and support services for the City of Fortuna Wastewater NPDES Compliance Project, CIP 0171, and establish a contract not to exceed limit of $5,100,302. Consent Agenda vote.
ALTERNATIVES:
1. Adopt the proposed contract amendment (recommended action)
2. Delay the amendment and direct staff to provide specific information to aid in making a decision. Staff does not recommend this option as it has the potential to cause significant delay in design and bidding of the SCADA project.
3. Reject the proposed amendment. Also not recommended as it would require a significant change of direction and revising the scope of the SCADA project to trim a significant amount of work from the current plan.
ATTACHMENTS:
1. Jacobs Engineering Draft Contract Amendment #4
Jacobs Engineering Inc.
2525 Airpark Drive
Redding, CA 96001-2443
United States
T +1.530.229.3225
F +1.530.243.1654
www.jacobs.com
March 31, 2026
Mr. Brian Issa
Director of Public Works
P.O. Box 545
Fortuna, California 95540
Subject: Amendment No. 4 - City of Fortuna NPDES Compliance Project Dear Brian:
This proposal is to amend the Scope of Work, dated December 2, 2020, for providing services to City of Fortuna (City) on the NPDES Compliance Project. The Scope of Work has been amended as follows:
Contract Date Amount Total
Initial Contract December 2, 2020 $2,860,759 $2,860,759 Amendment No. 1 September 15, 2023 $0 (No Cost
Amendment)
$2,860,759
Amendment No. 2 January 10, 2024 $0 (No Cost
Amendment)
$2,860,759
Amendment No. 3 March 12, 2025 $1,829,722 $4,690,481
Amendment No. 4 March 31, 2026 $409,821 $5,100,302
This amendment includes the following changes (a detailed scope of work for these changes is included as Exhibit 1 to this amendment):
• Task 5 includes new budget necessary to complete the SCADA and Operational Technology (OT) Systems Upgrade Final Design of the Project, as defined in the concept definition effort completed in December 2025. This includes:
o Final Design (Drawing Production, PLC Hardware Equipment List, PLC I/O Summary, etc.) o Implementation Planning and Preparation (SCADA Software Functional Loop Descriptions, OT Logical Design, etc.)
o Electrical Contractor Procurement Support
o Production of PLC I/O Wiring Diagrams
o Owner Managed Contingency
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The revised task budgets will be:
Task Previous Budget Change New Budget
Task 1 – Project Management $428,897 $0 $428,897
Task 2 – Project Definition $589,765 $0 $589,765
Task 3 – Wastewater Rate Study $72,205 $0 $72,205
Task 4 – Landowner Outreach Services $0 $0 $0
Task 5 – Final Design $3,359,314 +$409,821 $3,769,135
Task 6 – Triennial Review Support $114,000 $0 $114,000
As-Needed Support $126,300 $0 $126,300
Total $4,690,481 $409,821 $5,100,302
All work under the amended Scope is expected to be completed by July 30, 2026. If the work is delayed beyond the reasonable control of Consultant, Consultant reserves the right to request a scope and fee modification for additional administrative and support time.
The Task Order may be amended in the future with additional budget as the need arises. Such amendments will be authorized by letter. All work will be performed in accordance with the terms and conditions of the December 2, 2020 contract.
To authorize this amendment, please sign both copies of this letter, keep one copy for your files, and return the other copy to my attention. If you have any questions regarding this proposed amendment, please call Ted at 650-644-5948.
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1. Exhibit 1: Detailed Scope of Work for Amendment 4
This scope of work is an exhibit to Amendment 4, between Jacobs (Consultant), and the City of Fortuna (City), for engineering and consulting services related to the NPDES Compliance Project.
PURPOSE:
To upgrade the SCADA and Operational Technology (OT) systems at the City’s Wastewater Treatment Plant (WTP) based on the project concept definition effort completed in December 2025.
BACKGROUND
Design of the upgrades was previously included in the scope of the National Pollutant Discharge Elimination System (NPDES) Compliance Project, however, the SCADA system was identified as an urgent need for replacement and improvement due to its age and lack of resiliency. Failure of the SCADA system could leave operations without supervisory control of the plant for an extended period of time. The control system upgrade is being broken out as a separate standalone effort so that the upgrade can be completed more quickly than would be possible via the NPDES Compliance Project. With this modified approach, the improvements associated with the NPDES Compliance project can be constructed to interface with an already-upgraded control system.
The project design and future implementation will be based on the December 2025 pre-design concept definition report. The project will be phased in 3 major steps, as outlined below:
• Phase 1 – Concept Definition (this work is COMPLETED) • Phase 2 – Final Design (THIS AMENDMENT)
• Phase 3 – Implementation Support (FUTURE – NOT INCLUDED IN THIS AMENDMENT) This amendment is for PHASE 2, final design of the improvements. A future amendment is expected for engineering implementation services, including major equipment procurement and SCADA software programming.
APPROACH
**NOTE: This section describes the general project implementation approaches, including work during construction that will be scoped in a future amendment.
Jacobs will perform engineering design, SCADA software programming and field testing, and OT system configuration and deployment. All field construction will be performed by an electrical contractor procured directly by the City.
The engineering design will produce a technical package to guide the contractor’s work (biddable documents are not required). The technical package will consist primarily of drawings with photographs and notes identifying major specification requirements. Written specifications will be prepared only
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where drawing notes are deemed insufficient by Jacobs’ design team. No bid specifications will be included.
The City will prepare any required bid package and select the construction contractor. The City will directly contract the electrician for construction based on qualifications and best value, as determined by the City’s project manager. Jacobs will guide the contractor’s field work based on the simple concept design drawings produced under this scope of work. The project will require significant participation by City staff, including attendance at multiple workshops, review of design and software products, and support during field implementation.
The new SCADA platforms will use Allen-Bradley PLCs and Inductive Automation Ignition HMI. All SCADA software configuration will be implemented using Jacobs’ SCADA software standards, including AllenBradley PLC add-on-instructions (AOIs) and Ignition HMI graphical objects. All OT systems will be configured using Jacobs’ standards.
Major project responsibilities are summarized below:
• Jacobs’ responsibilities:
o Engineering design for the SCADA upgrade
o SCADA software programming and field testing (FUTURE) o OT system configuration and deployment (FUTURE)
o Major equipment supply (FUTURE)
• City responsibilities:
o Provide information and decisions to facilitate the work, including workshop and meeting attendance
o Procure installation contractor and manage contract
o Provide O&M staff to support Jacobs SCADA software field testing effort (FUTURE) • Contractor responsibilities (FUTURE):
o All material supply, except as noted otherwise
o All installation
o Support of Jacobs’ field testing effort
Jacobs will perform the work as described in the detailed scope of work below.
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SCOPE OF WORK
Task 5.5 - SCADA AND OPERATIONAL TECHNOLOGY (OT) SYSTEMS UPGRADE - FINAL DESIGN
5.5.1 Task Management
Jacobs will plan and execute the project as described in this scope of work. Major efforts are described below:
a. Regular Monthly Project Management Support
Jacobs will provide the following task management duties on a regular basis throughout the project duration. The budget estimate is based on an average of 4 hours per month through December 31, 2026, for the task manager to coordinate with Jacobs NPDES project manager. Major tasks include the following:
• Monitor task progress.
• Monitor task activities for potential changes.
• Document meeting decisions and action items.
• Assist Jacobs’ project manager with preparation of financial and status reporting associated with SCADA upgrade task to support monthly invoicing. b. Status and Coordination Meetings with the City’s Project Manager Jacobs will lead up to (10) bi-weekly MS Teams coordination meetings with the City’s project manager to discuss schedule, budget, the direction of the project, and any needed information or data. The level of effort assumes an average meeting length not exceeding 1 hour.
Deliverables
• Summary meeting notes
• Log of action items and decisions
• Log of scope changes
Assumptions
• This task provides support for up to (10) months of project delivery (through December 31, 2026). Additional funding for task management will be warranted for any work beyond December 31, 2026. Additional task management budget is anticipated to be included in the amendment for Phase 3 implementation support because the schedule for implementation is expected to require labor beyond 2026.
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5.5.2 Final Design
This task will produce a technical design package for the improvements based on the findings of the Task 1 project definition effort (as documented in the December 2025 Concept Validation report) and provide information to support the City’s procurement effort related to selection of the construction contractor. Major efforts are described below:
a. Allowance for Data Collection Site Trips
Jacobs will provide up to 40 hours of labor (including travel) for site visits to collect information required for the design effort. We assume site visits would only be used, as needed, to supplement information provided by the City. b. Technical Design Package Production
Jacobs will produce a technical design package to guide the work of the City’s contracted electrician for implementation of the improvements. Because the project concepts and approaches have been well defined in the Task 1 concept validation report, the project will progress directly to a 90% deliverable for City review. Jacobs will lead a 2-hour design review workshop with City staff to present the design deliverable and collect all City review comments, then incorporate the review comments into the 100% design package for construction.
Jacobs’ estimated level of effort for the design activities is shown in Attachment A, which is based on the drawing list, approaches, and assumptions outlined in this scope of work.
The technical package is limited to technical drawings shown in the assumed drawing list (see Attachment B), supplemented by simple Microsoft Excel lists, including a PLC Hardware Equipment List, PLC I/O Summary (showing the quantity of hardwired PLC I/O points by type for each PLC being upgraded), SCADA Software List, OT Hardware List, and OT Software List.
No written specifications will be provided.
c. Budgetary Implementation Cost Estimate Update at 90% Jacobs will update the budgetary implementation cost estimate with the 90% deliverable.
The work will simply update the previous deliverables from the Phase 1 concept definition effort (concept validation report). The budgetary estimates will be based on AACE International Class 4 preliminary engineering opinion of costs. d. Supplements to Support City’s Selection of Electrical Contractor The City will provide all bid documents required for procurement of the electrical installation contractor. Jacobs will provide a simple technical memorandum summarizing the contractor’s scope of work, contractor minimum qualifications, and project implementation work sequence and constraints concepts. The format and content of the technical memorandum will be similar to that prepared by Jacobs for a recently completed PLC replacement project for another client (4 pages maximum). The document will be used by the City in preparation of the bid package. The scope of work includes a workshop (up to 2 hours) to collect work sequence and constraints concepts from City staff as the basis for the written content.
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e. Price Quotations for Major Materials
Jacobs will provide up to 16 hours of labor to obtain quotations for the following project material (as specified in the final material list supplements) that is anticipated to be provided by Jacobs as part of Phase 3 implementation support:
• PLC Hardware
• SCADA Software
• OT Hardware
• OT Software
This effort will support the budgetary cost estimate update and development of the followon amendment for implementation.
Deliverables
Jacobs will provide one electronic PDF copy of each deliverable identified below via email. Native copies of the drawing CAD files will be provided with the final deliverables. No hard copies will be provided.
• For the technical package:
o 90% design review workshop meeting notes
o Draft document at 90%
o Final 100% for construction
• Updated budgetary cost estimate for implementation
• Supplements to support the City’s Selection of the Electrical Contactor:
o Contractor’s scope of work summary
o Contractor minimum qualifications statement
o Sequence and constraints narrative
• Quotations for the following project material (at Jacobs’ pricing):
o PLC Hardware
o SCADA Software
o OT Hardware
o OT Software
Assumptions
• The scope of work is limited to control system improvements at the City’s existing wastewater treatment plant.
• All City review of the technical package will be conducted at the design review workshop with Jacobs. Jacobs has not included budget or schedule allowance for any other review period.
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• Development of control narratives for the existing plant processes is not required because the control system provides relatively little and/or simple automated control.
Jacobs assumes City staff can provide sufficient input during loop description development (under separate scope item) to allow for proper SCADA software functional definition.
• The project technical staff is limited to instrumentation and controls (I&C), electrical, and operational technology (OT) disciplines. The level of effort estimate does not include labor for any other technical disciplines.
• Building department review is not required. The level of effort estimate does not include budget for any review deliverables except for those defined above. • The PLC upgrades will be accommodated via rack replacements inside the existing enclosures and re-use of existing PLC I/O wiring. The scope of work does not include design of new control panels or I/O wiring replacement. If the design determines that new panels or replacement of PLC I/O wiring is required, additional budget will be required.
• The project deliverable includes drawings to show wiring migration concepts from the existing PLC I/O modules to the new Allen-Bradley replacement I/O modules. • Drawings will use photographs of existing infrastructure with notes overlaid to convey concepts and guidance for installation.
• The scope of work does not include production of new base sheets for facility plan drawings. If facility plans are required, existing content from the NPDES will be used or a PDF of an existing City-provided drawing will be used as background for overlaid content. As an alternative to using facility plan drawings, approximate distances for conduit / cable runs may be noted on cable block diagrams to provide sufficient information for bidding contactors to estimate the project cost. • The City will provide all front-end documents for bidding. Jacobs will develop a technical memorandum to document the sequence of work and constraints. The City will utilize the content when preparing the biddable document for procurement of the electrical contractor.
• The estimated level of effort assumes the new work will not trigger requirements for other building or facility updates.
• Jacobs will provide all specifications on drawings to minimize labor effort. The scope of work does not include production of written specifications. • The City will handle any required permit review and application. The level of effort estimate does not include budget for assistance with permitting. • Basis of LOE:
o The level of effort estimate for production of drawings is based on the assumed preliminary drawing list shown in Attachment B and assumed hours-per-drawing allowances for each drawing.
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o For modifications to PLC panels:
▪ The scope of work is limited to replacement of the following existing PLCs:
- PLC-L1 at Administration Building (one panel)
- PLC-L2 at Operations Building (one panel)
- PLC-L3 at Headworks Building (one panel)
- PLC-S1 at Digesters (one panel)
- PLC-S2 at Compost (three panels)
▪ Control panel elevation drawings will be produced using existing drawings or panel photos with overlaid notes to show major equipment locations and work requirements.
▪ PLC I/O wiring drawings will not be included in the technical design package for construction because they are not needed to accommodate construction (the field wiring will not change). Jacobs assumes all PLC I/O wiring modifications will be accommodated by simple I/O module replacement using the existing panel and field wiring.
▪ The project will not include PLC I/O additions, except possibly UPS and 24VDC power supply failure alarm discrete inputs, where applicable and can be accommodated without adding new PLC I/O modules (maximum 20 new points, 4 points per PLC). The level of effort estimate does not include labor for production of new PLC I/O wiring drawings. o For replacement of existing network cabling:
▪ Scope of work is limited to replacement of existing PLC network cabling with new CAT-6 Ethernet cables in existing raceways. The scope of work does not include new raceway for PLC network cabling.
▪ The City should consider having an electrician evaluate the existing conduit runs during design to minimize risk of finding unusable raceway runs during construction.
o For specifications:
▪ Preparation of Division 0 and Division 1 specifications is NOT INCLUDED.
The City will prepare the bid package.
▪ All project specifications will be defined in drawing notes. ▪ The following lists will be provided as supplements to the technical design package:
- PLC Hardware Equipment List
- PLC I/O Summary (I/O counts by type for each PLC)
- SCADA Software List
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- OT Hardware Component List
- OT Software List
• The scope of work does not include the following:
o Any new raceway between buildings or facilities. Any new raceway that may be required is limited to exposed conduit within a building or facility. o Production of any new plan drawings or base sheets. In some cases, PDF images of existing drawings may be embedded on drawings to show general locations of project-relevant panels or devices. Refer to assumed drawing list, which was used as a basis for this level of effort estimate.
o Development of any P&IDs
o Preparation of any demolition drawings
o Development of bid specifications (information will be supplied to support the City’s procurement of the electrical contractor as identified in this scope of work) o Development of a control panel specification (the project will not include any new control panel enclosures).
o Any labor for structural engineering, including seismic anchorage and bracing calculations, submittal review, or structural inspections. o Design of any new security systems, including entry/intrusion detection, keycard access, or CCTV
o Budget for any work related to energy code
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5.5.3 Implementation Planning and Preparation
Jacobs will perform the following major efforts to support planning and preparation for implementation of the designed improvements:
a. Allowance for Implementation Planning Support
Jacobs will provide up to 24 hours of labor for planning related to implementation of the improvements. This task is an allowance that can be used for planning tasks deemed helpful by the City. Examples include but are not limited to project implementation schedule and cash flow topics.
b. Assistance with Validation of Existing Plant Infrastructure Jacobs will provide up to 60 hours of onsite labor to assist City staff with validation of existing system equipment and instrumentation to identify issues to be addressed by plant O&M staff in advance of the future SCADA software field testing effort. The intention of this effort is to allow O&M staff to address existing infrastructure problems to minimize troubleshooting and delay during SCADA software field testing. The scope includes a travel allowance for one site trip, 8 hours of labor for site trip preparation, and 16 hours of labor to develop an issues list to document the findings from the field work. c. SCADA Software Programming Concepts Workshop
Jacobs will lead (1) two-hour workshop with City staff to present and finalize the SCADA software tagging, PLC, and HMI programming concepts to be used on the future SCADA software programming effort. Major topics to be addressed include the SCADA software tag naming convention, HMI graphical appearance and navigation approaches, and PLC programming languages and programming block concepts. The concepts will be documented in a brief and simple technical memorandum (up to 4 written pages) for record and guidance to Jacobs’ team during the future SCADA software programming effort.
Note that an option for more formal and thorough documentation of the SCADA software standards, including description of functionality of each PLC programming block, can be presented for consideration in a future amendment. The purpose of a more thorough SCADA software standard would be for guidance of work by future system software developers to ensure consistency in the approaches and appearance throughout the life of the system.
d. Final PLC I/O List and Software Tag Assignments
Jacobs will assemble a final PLC I/O list to document the existing system PLC I/O, including the existing hardwired I/O type, address, and description. The list will define the PLC I/O for the future programming effort and will be used as the basis for SCADA software loop description definition effort (separate task in this scope of work). The task will also consider application of software tagnames based on the SCADA software tagging approaches defined in the SCADA software concepts workshop (separate task in this scope of work). e. SCADA Software Functional Loop Descriptions
Jacobs will define new SCADA software monitoring and control functions based on the available PLC I/O (per the final I/O lists developed in the task above) and commonly used
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approaches for the plant’s processes. The functions will be documented in written loop descriptions for review by City staff, then finalized for use by Jacobs’ programmers. Jacobs will provide loop description signoff forms for signature by an authorized City representative to provide acceptance of the loop descriptions and authorize Jacobs to commence the programming effort.
The scope of work includes up to 40 hours of onsite labor to walk the existing system and discuss existing infrastructure and control functions with City staff, an allowance of up to 300 hours to prepare draft loop descriptions, up to 80 hours of labor for loop description review meetings with City staff (40 hours for each of 2 staff members via MS Teams), and up to 40 hours to finalize the loop descriptions based on the City review comments.
We have not included labor effort for reverse engineering existing PLC or HMI code. f. OT Logical Design
Jacobs will develop a written plan to be used for future configuration of the OT system components, including definition of the VLANs, IP address scheme, and firewall rules. The plan will be documented in a simple technical memorandum.
Deliverables
Jacobs will provide one electronic PDF copy of each deliverable identified below via email. Native document copies will be provided with the final deliverables. No hard copies will be provided. • List of existing plant infrastructure issues found during the validation effort • SCADA Software Programming Concepts technical memorandum • Final PLC I/O list and SCADA software tag assignments • SCADA software functional loop descriptions (draft and final) • OT logical design
Assumptions
• For Assistance with Validation of Existing Plant Infrastructure:
o The effort will be led by City staff with support by Jacobs. The work requires significant participation by plant O&M staff. It may not be practical to test equipment without affecting operation.
• For SCADA Software Functional Loop Descriptions
o The budget is based on relative efforts for recently completed projects of similar I/O count and scope (we assume an I/O count of approximately 540 hardwired points, but the exact quantity will be finalized as part of the design effort included in this scope of work).
o Efficient delivery of software functional loop descriptions typically requires complete and accurate P&IDs and control narratives for all plant processes. We understand that the plant may only have partial information, including an early draft of plant P&IDs that have not been finalized or checked for accuracy. As a result, we have included some budget for site investigation and discussion with
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plant O&M staff as well as an allowance for minor support by a process engineer.
5.5.4 Electrical Contractor Procurement Support
Jacobs will provide the following support for the City’s procurement effort to select and contract the project electrician:
a. Pre-bid Jobsite Walk
Jacobs will lead a half-day pre-bid jobsite walk at the WWTP with the City’s bidding electrical contractors. The effort will explain the major project tasks and approaches to the bidders as they walk the site to see the existing conditions first hand. We have included budget for up to 1 Jacobs participant for the site visit. As an alternative, the City could elect to perform a virtual pre-bid meeting to minimize project travel cost. b. Allowance for Consulting
Jacobs will provide up to 8 hours of consulting to assist the City with responses to technical questions or providing input to the City related to contractor bids.
Deliverables
Jacobs will provide one electronic PDF copy of each deliverable identified below via email. Native document copies will be provided with the final deliverables. No hard copies will be provided. • Email or telephone responses to bidder questions
Assumptions
• The installation contractor will be selected and contracted by the City. Jacobs can provide technical input and / or professional opinion, as requested, to support the City’s selection.
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5.5.5 Production of PLC I/O Wiring Drawings
Jacobs will produce PLC I/O wiring drawings to support long-term system O&M. The scope of work is limited to production of PLC I/O wiring diagrams only for the PLC panels to be upgraded under this scope of work. The level of effort estimate is based on a quantity of 56 drawings for an anticipated 56 new PLC I/O modules (one drawing per I/O module). The drawings will be based on an existing Jacobs template to minimize project cost (the level of effort estimate does not include budget for development of a new drawing template with a custom appearance or format). Drawing content will be based on the I/O assignments shown in the existing PLC I/O list and will show empty boxes for I/O terminals at the field device (to accommodate future addition of information by City staff). The drawings will show only terminations at the final field device and the PLC panel terminals (the drawings will not show any intermediate termination detail). The level of effort estimate does not include field investigation to determine any field termination information. a. Initial Drawing Production
The project budget is based on an average of 7 hours per drawing (half designer and half CAD).
b. Allowance for Record Drawing Updates
The project budget is based on an average of 1 hour per drawing (half designer and half CAD). The purpose of this task is to update the drawings based on red-line markups captured during the SCADA software field testing effort.
Deliverables
Jacobs will provide one electronic PDF copy of each deliverable identified below via email. Native document copies will be provided with the final deliverables. No hard copies will be provided. • I/O wiring drawings (initial and record)
Assumptions
• n/a
5.5.6 Owner-Managed Contingency
This task is to allow for Jacobs’ support of any unanticipated work as directed and authorized by the City. A $100,000 allowance has been established for this task.
Assumptions
• None (to be negotiated in the future)
Deliverables:
• None (to be negotiated in the future)
Jacobs Engineering Inc. 15
GENERAL ASSUMPTIONS
The scope assumes the following:
• Jacobs increases labor rates annually on January 1 each calendar year. All work in this amendment will be completed prior to the end of 2026, so the estimated cost is based on 2026 labor rates with no escalation for work beyond December 31, 2026. • Biddable contract drawings are NOT required. Jacobs’ design effort is limited to production of instructions to the City’s installation contractor using simple sketches, drawings with embedded photographs supplemented with notes and/or Bluebeam markups on PDFs, and Excel templates.
• Installation will be provided by an electrical contractor procured directly by the City. • Project deliverables will be provided in electronic format (Jacobs has not included cost for production or delivery of hardcopies, unless noted otherwise). For each deliverable, electronic files will be provided in native and PDF formats. • The existing PLC replacements can be accommodated by simple rack replacements using the existing panel and field wiring. The scope of work does not include budget for investigating or designing replacement or modification of existing panel or field wiring. • The following work is excluded from this scope of work:
• The scope of work does not include replacement / addition of instruments or electrical system components that are external to the PLC panel enclosures. • A future amendment will be negotiated for engineering services related to implementation and final system documentation. Anticipated engineering services include engineering construction support (submittal review, site observation during construction, etc.), SCADA software services, OT configuration and deployment, construction detailed design, material procurement support, and production of supplemental control system documentation that is not required for implementation but will support the City’s long-term O&M effort.
SCHEDULE CONCEPT
Major milestones and planned activity are outlined below:
• Contracted / Notice to Proceed – by March 30, 2026
• Design Complete – Within 3 months from Notice to Proceed, assuming the following approximate approach:
o 8 week design period for 90% deliverable
o 2 week QC period (internal and external)
o 2 week fixup for 100% final technical package
• Completion of All Work in This Amendment – by December 31, 2026
Jacobs Engineering Inc. 16
BUDGET AND COMPENSATION
Jacobs proposes to perform the services on a time-and-materials basis as described herein for an amount not-to-exceed $409,821 without prior written approval. Jacobs’ domestic staff labor will be billed at agreed per-diem rates, as previously negotiated and agreed with the City. All Jacobs GID staff will be billed at a $133/hour rate for engineering and a $118/hour rate for CAD work. Subcontractors will be billed with a 10% markup. Materials will be billed at a 10% markup. All other expenses will be billed at cost.
Consent Agenda Item 3g
STAFF REPORT
Consent Agenda Item
DATE: April 6, 2026
TO: Honorable Mayor and Council Members
FROM: Katey Schmidt, Senior Planner
THROUGH: Amy Nilsen, City Manager
SUBJECT: Ratification of Amended Resolution2026-07 - State Community Development Block Grant (CDBG) Program, 2025 Funding Year
STAFF RECOMMENDATION:
Staff recommends that the City Council:
1. Ratify the amended Resolution 2026-07, approving the submission of the City’s State Community Development Block Grant (CDBG) application under the 2025 Notice of Funding Availability (NOFA); and
2. Confirm that the amendments reflect updated resolution requirements issued by the California Department of Housing and Community Development (HCD) and are non material and do not change the City Council’s previously authorized projects, funding amounts, or policy direction.
EXECUTIVE SUMMARY:
On March 16, 2026, the City Council adopted Resolution 2026‑07 authorizing submission of a State CDBG application for the 2025 funding year. Following Council action, staff received updated clarification from the California Department of Housing and Community Development (HCD) regarding required resolution language and structure necessary for application acceptance.
The amended resolution incorporates HCD‑required changes related to:
• Explicit authorization for the use of Program Income (PI); and • Clarification of signatory authority, including execution of all associated documents and amendments; and
• Alignment with the State‑issued sample resolution format included in the 2025 NOFA.
The amendments are administrative and technical in nature, and were made to ensure application eligibility and compliance, and do not modify the projects approved by Council, the funding amounts authorized, or the intent or substance of the original Council action.
Staff is requesting Council ratification of the amended resolution to ensure a clear legislative record and continued compliance with State CDBG requirements. The CDBG application was due April 2, 2026, hence why ratification of the non-material changes to the resolution are necessary.
Consent Agenda Item 3g
RECOMMENDED COUNCIL ACTION:
Motion to approve:
1. Ratify the amended Resolution 2026-07, approving the submission of the City’s State Community Development Block Grant (CDBG) application under the 2025 Notice of Funding Availability (NOFA); and
2. Confirm that the amendments reflect updated resolution requirements issued by the California Department of Housing and Community Development (HCD) and are non material and do not change the City Council’s previously authorized projects, funding amounts, or policy direction. Consent agenda vote.
ATTACHMENTS:
• Amended Resolution 2026-07
Resolution of the Governing Body
RESOLUTION NO. 2026-07
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2025 FUNDING YEAR OF THE STATE CDBG
PROGRAM
BE IT RESOLVED by the City Council of the City of Fortuna as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $4,000,000 for the following CDBG activities, pursuant to the and 2025 CDBG NOFA:
List activities and amounts
Activity (e.g. Public Services,
Infrastructure, etc.)
Dollar Amount Being Requested for the
Activity
Program-Economic Development - Acquisition loan to
Fortuna Theater Foundation utilizing existing CDBG PI
funds and new CDBG funding
$ 1,000,000
Project- ADA Barrier Removal - City-wide ADA Barrier
Removal project (sidewalks, curb ramps, driveways, etc.) $ 1,500,000
Planning- General Plan Elements - Funding for eligible
portions of the upcoming comprehensive General Plan
Update including housing, economic development, and
infrastructure planning
$ 1,500,000
$
$
SECTION 2:
The City Council hereby approves the use of Program Income in an amount not to exceed $910,469 for the CDBG activities described in Section 1.
SECTION 3:
The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Manager or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement), any recordable or nonrecordable contract documents, and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna held on 3/16/2026 by the following vote:
AYES: Conley, Stevens, Trent, Johnson
NOES: 0
ABSENT: Diaz
ABSTAIN: 0
Mike Johnson, Mayor
City Council
STATE OF CALIFORNIA
City of Fortuna
I, Siana L. Emmons, City Clerk of the City of Fortuna, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 16th day of March, 2026and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.
Siana L. Emmons, City Clerk of the City of Fortuna, State of California
______________________________________
By: Siana L. Emmons, City Clerk
Business Agenda Item 4a
STAFF REPORT
Business Agenda Item
DATE: April 6, 2026
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
SUBJECT: EMC Research Regarding a Potential Local Sales Tax Measure and Next Steps STAFF RECOMMENDATION:
Receive the report on public opinion research conducted by EMC Research regarding a potential local sales tax measure and provide direction to staff.
BACKGROUND:
The City of Fortuna has experienced several consecutive years of structural financial challenges driven primarily by stagnant or declining revenues and rapidly increasing operational costs— particularly for public safety, insurance, and core community services.
Since Fiscal Year (FY) 2021–22, revenue sources that historically grew modestly each year have instead flattened or declined. Simultaneously, cost drivers outside the City's control—especially liability insurance—have increased substantially, resulting in a widening budget gap.
To better understand voter attitudes toward these challenges and gauge the feasibility of a future sales tax measure, the City commissioned EMC Research to conduct a statistically valid public opinion survey from February 23 to March 5, 2026, collecting 200 interviews with a margin of error of ±6.9%.
DISCUSSION:
1. How Fortuna Reached this Fiscal Crossroads
a. Sales Tax Revenues Are Not Keeping Pace With Inflation The City’s largest unrestricted revenue source is sales tax, and sales tax has not kept up with inflation. Under normal inflation, revenues would have increased to $5.2M by FY 2026–27. Actual projected revenues are only $4.1M. This results in a gap of over $1,000,000. This means the City effectively lost the purchasing power of nearly one million dollars over a five-year period. See below chart.
Business Agenda Item 4a
b. Transient Occupancy Tax (TOT) Revenues Have Declined Significantly Traditionally, TOT helps fund City services and tourism-related impacts. The City’s TOT revenue has dropped sharply since FY 2021–22. Expected inflation-adjusted TOT for FY 2026–27 is approximately $1.1M. Actual projected TOT is $700,000, a gap of over $400,000. This decline appears linked to regional lodging patterns and reduced tourism activity. See below chart.
Business Agenda Item 4a
c. Liability Insurance Costs Have Skyrocketed
Liability insurance—an unavoidable cost—has increased more dramatically than any other major expense category. Actual costs for liability insurance in fiscal year 2021– 22 were $435,894. Projected costs for fiscal year 2026-27 is $1,051,372, an increase of over $615,000, or over 140%. The resulting gap compared to inflation-adjusted expectation is over $500,000. These increases are consistent with statewide trends affecting municipal risk pools. See below chart.
The result of these three trends is a General Fund structural budget deficit. These combined trends demonstrate rising costs and flat to declining revenues. In order to address these trends the use of reserves and a hiring freeze has been put into place. In addition, there is a potential for reductions in services to maintain critical operations.
2. EMC Research Survey Results
EMC Research staff will review the survey results with staff and the City Council. Overall, the survey shows Fortuna residents generally feel positive about the community and the City’s performance, with strong majorities saying the City is headed in the right direction and rating its overall job performance favorably. At the same time, many voters recognize that the City is facing financial challenges, with nearly two-thirds believing there is a need for additional funding for city services, and a notable share naming economic or budget concerns as Fortuna’s most important problem unprompted. Although voters value maintaining high-quality services, they also express sensitivity to new taxes and concerns about affordability, resulting in mixed attitudes toward tax increases and divided levels of trust in how the City manages public funds.
Initial support for a potential 0.75% sales tax measure is close to but below the majority threshold in this poll; support improves after voters hear about accountability requirements, exemptions for essential goods, and benefits to local services, but it declines when opposition messages are introduced, indicating both promise and vulnerability for any future measure.
Voters’ highest priorities for new revenue include supporting local small businesses, repairing Business Agenda Item 4a
aging streets and potholes, maintaining youth and senior programs, protecting public safety, and keeping public areas clean and safe, areas that closely align with current service and budget pressures in Fortuna.
3. Next Steps
As the City considers placing a sales tax measure on the November 3, 2026, General Election ballot, the next steps focus heavily on preparing and finalizing ballot measure language, including the full text of the ordinance and the 75-word ballot question early enough to meet statutory and County-administered deadlines. In particular, the Council will need to approve the submission of a proposed ordinance increasing the existing tax rate and adopt a resolution that, among other things, requests that the County Board of Supervisors consolidate the City’s tax measure with the County-facilitated state-wide election on November 3, 2026. The County Election’s Office normally requires Cities to submit the proposed ordinance and resolution of consolidation in June to allow time for action by the Board of Supervisors.
Once the Resolution is filed with the Elections Department, this will trigger a mandatory 10-day public inspection period, followed by deadlines for impartial analyses and ballot arguments that will also be specified by the County. This means, staff will need to begin preparing draft ballot text immediately, coordinate closely with the City Attorney, schedule Council action to adopt the ordinance and resolution well ahead of the June deadline, and maintain ongoing coordination with the Elections Office to ensure compliance with all statutory requirements once the official November 2026 measure calendar is issued.
FISCAL IMPACT:
A three-quarter cent sales tax measure is estimated to generate $1.8 million per year and is essential for the City to maintain and continue to improve City services.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions
2. Open Public Comment
3. Close Public Comment
4. Motion to approve placing a local sales tax measure on the November 3, 2026 ballot and for staff to return with the 75-word ballot question and subsequent ordinance and resolution. Roll Call vote.
ATTACHMENTS:
• EMC Research Summary Report
Survey of City of
Fortuna Voters
Executive Summary
April 6, 2026
#26-9705 City of Fortuna Voter Survey | 2
Methodology
Multimodal live telephone, email- and text-to-web survey of voters in the City of Fortuna • Telephone interviews were conducted by trained, professional interviewers; landlines and mobile phones included
• To take the survey online, voters were randomly selected and invited via email and SMS to take the survey online
Survey conducted February 23 – March 5, 2026
200 interviews; overall margin of error ±6.9 percentage points Please note that due to rounding, some percentages may not add up to exactly 100%. #26-9705 City of Fortuna Voter Survey | 3
Key Findings
Fortuna voters are optimistic about the City’s direction and rate the job the City is doing positively.
Many voters are aware of the City’s need for additional funding, and some even mention it unprompted as the City’s most important problem in an open-ended question.
While a majority of voters agree that it is important to fund city services, there is some sensitivity to new taxes, and the economy and affordability are top-of-mind. Initially, support for the measure is within reach of the majority threshold.
Additional information about accountability features, exemptions, and benefits is compelling, but support is vulnerable to opposition.
Funding priorities for voters include encouraging small businesses; repairing streets and potholes; and maintaining youth programs, transit for seniors and those with disabilities, and public safety services.
#26-9705 City of Fortuna Voter Survey | 4
Direction of Fortuna
A majority of Fortuna voters are optimistic about the City’s direction.
Right Direction
61%
Wrong Track
32%
(Don't Know)
7%
Q3.
Do you feel that things in Fortuna are generally going in the right direction, or do you feel things have gotten pretty seriously off on the wrong track?
#26-9705 City of Fortuna Voter Survey | 5
Most Important Problem
Voters’ top-of-mind concerns relate to economic and financial troubles, both personal and for the City.
Q4.
What do you think is the most important problem facing Fortuna today? 19%
15%
11%
9%
5%
5%
5%
4%
4%
4%
12%
8%
Economy/Jobs
City Revenue/Budget
Cost of living
Crime/Public safety
Lack of Activities
Homelessness
Government
Infrastructure
Housing
Community Identity/Direction
Other
Don't know/Nothing/Refused
(Open-ended question; verbatim
responses coded into categories)
#26-9705 City of Fortuna Voter Survey | 6
Job Rating
Two-thirds of voters positively rate the City’s overall job performance. Intensity is low on both sides.
Q5.
Excellent 12% Poor 8%
Good 55%
Only Fair 25%
Positive
66%
Negative
33%
(Don't know)
1%
Positive Negative (Don't know)
How would you rate the job the City of Fortuna is doing overall? #26-9705 City of Fortuna Voter Survey | 7
Perceived Need for City Funding
About two-thirds say the City is in need of more money for city services, with a third who believe there is a great need.
Q5.
Great 32%
No Need 14%
Some 32%
Little 14%
Need
64%
Little or No Need
29%
(Don't know)
8%
Need Little or No Need (Don't know)
How much of a need do you think the City of Fortuna has for more money for city services? #26-9705 City of Fortuna Voter Survey | 8
31%
24%
14%
25%
32%
37%
1%
2%
26%
21%
26%
18%
22%
21%
57%
56%
50%
43%
43%
48%
+13
+14
+3
I generally oppose increases to taxes, regardless of
what they are used for
It is crucial to have high-quality city services, even
if it means raising taxes
I trust the City of Fortuna to properly manage our
tax dollars
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Tax Attitudes
Q10-12.
Voters endorse the conflicting viewpoints that it is worth raising taxes for city services and that they generally oppose tax increases at similar levels. Voters are divided over trust in the City’s management of tax dollars.
Total
Agree
Total
Disagree
Net
Agree
Please indicate whether you agree or disagree with the following statements. #26-9705 City of Fortuna Voter Survey | 9
Vote Progression
Support for a potential measure begins under the majority threshold, but within range accounting for the margin of error.
Q7/Q33/Q39. Finally, after everything you have read, would you vote yes to approve or no to reject the proposed measure for the City of Fortuna? 45% 50% 52% 46% 42%
54%
Lean 1%
Lean 1% Lean 1%
Lean 1% Lean 2%
Lean 1%
Yes
46%
No
51%
(Undecided)
3%
Yes
53% No
47%
(Undecided)
0%
Yes
44%
No
55%
(Undecided)
1%
0%
50%
Initial After Additional Information After Opposition
Shall the measure to provide funding for essential City services, such as protecting public safety; increasing and restoring police officers; repairing aging/deteriorating streets and potholes; providing programs for seniors and youth; and keeping parks clean and safe, by enacting a 0.75% sales tax in the City of Fortuna, providing an additional $1,800,000 annually for general government use until ended by voters, requiring independent audits, community oversight, and all funds staying in Fortuna, be adopted? #26-9705 City of Fortuna Voter Survey | 10
Funding Priorities
Q13-Q25. Next you will read a list of items that could be funded with a revenue measure for the City of Fortuna. After each one, please rate how important that item is to you using a scale from 1 to 7.
Priorities for voters include encouraging small businesses, street repair, providing youth programs, maintaining transit for seniors, and protecting public safety services.
42%
39%
37%
37%
35%
31%
30%
29%
29%
27%
27%
18%
9%
42%
45%
42%
37%
37%
41%
40%
46%
41%
42%
36%
44%
30%
84%
84%
79%
75%
72%
72%
70%
75%
70%
69%
63%
62%
39%
7 - Extremely important 6-5 Total Important
Retaining and attracting local small businesses
Repairing aging, deteriorating streets and potholes
Providing programs and services for youth
Maintaining public transit for seniors and people with disabilities Protecting public safety services
Keeping streets, sidewalks, and public areas clean and safe Retaining and recruiting police officers
Keeping public parks clean and safe
Providing programs and services for seniors
Improving traffic safety for pedestrians and bicyclists Increasing and restoring police officers
Maintaining and expanding park lands and sports fields
Maintaining and improving the River Lodge Conference Center Bolded items were included in the tested ballot language. #26-9705 City of Fortuna Voter Survey | 11
Informational Statements
Q26-32. Next you will read statements from people who support the proposed measure for the City of Fortuna. After each one, please indicate how convincing that statement is as a reason to vote for the measure.
Additional information about accountability, exemptions, and emphasis on the funds being a good investment for the community is helpful in conveying the benefits of the potential measure. 43%
39%
32%
30%
33%
35%
73%
72%
67%
Fiscal Protections
Exemptions
Good Investment
Very Convincing Somewhat Convincing Total Convincing
This measure requires independent annual audits and public disclosure of all spending to ensure funds are used properly and, by law, revenue from this measure cannot be taken by the State, ensuring our tax dollars stay local for the benefit of Fortuna residents.
By law, essential purchases like groceries and medicine are exempt from the sales tax to help ensure this measure is not a burden to those on fixed incomes.
This measure is a smart investment for our community and local economy that will keep our city safe and clean. Maintaining our public safety services, streets, and roads is good for our property values and helps make Fortuna a great place to live and raise a family.
#26-9705 City of Fortuna Voter Survey | 12
Informational Statements
Q26-32. Next you will read statements from people who support the proposed measure for the City of Fortuna. After each one, please indicate how convincing that statement is as a reason to vote for the measure.
Other statements are compelling, but with less intensity. 29%
25%
28%
22%
32%
35%
31%
37%
61%
61%
59%
59%
Public Safety
Fair Share
Dire Need
Self-Reliant
Very Convincing Somewhat Convincing Total Convincing
Our police officers are among the lowest paid in the area. This measure will help keep residents and small businesses safe and secure by ensuring the Fortuna Police Department can attract and retain a competitive workforce and maintain needed staffing levels for crime prevention efforts and neighborhood patrols.
This measure is not a property tax or a tax on homeowners. Instead, it ensures that everyone who visits and shops in Fortuna pays their fair share for local services like streets, parks, and public safety, and reinvests that money directly in our community.
The City has already started to reduce services, implemented a hiring freeze, and had to dip into deficit spending to maintain police staffing. Next our streets, youth and senior services, and parks could be impacted. The City is in dire need of this measure to maintain vital services.
In these uncertain times, Fortuna needs to be self-reliant and not dependent on the state or federal government. This measure would allow Fortuna to maintain adequate voterapproved funding for local public safety, roads, parks, and other services we count on. #26-9705 City of Fortuna Voter Survey | 13
Historical Context
Previous sales tax measures in Fortuna have had mixed success with voters. 37%
58%
69%
42% 46%
Nov 2014 Measure V
(Establish 1% Sales Tax)
Nov 2016 Measure E
(Establish 0.75% Sales
Tax)
Nov 2020 Measure G
(0.75% Sales Tax
Extension)
2024 Measure P
(0.75% Sales Tax
Increase)
March 2026 Survey
(0.75% Sales Tax)
50%
Election Results
Polling Support (Initial Vote)
#26-9705 City of Fortuna Voter Survey | 14
Conclusions
Most voters are happy and satisfied with things in Fortuna, and they also acknowledge the City’s need for additional funding.
That said, the current environment is challenging, with relatively high tax sensitivity, some skepticism about how the funds would be spent, and the economy and affordability top-of-mind.
As it stands today, support for a potential sales tax is within range of the majority threshold, marginally higher than support for 2024’s Measure P. Informing voters about the accountability features, exemptions, and benefits of the measure brings support above the majority threshold, but the measure is vulnerable to opposition.
Jessica Polsky-Sanchez
510.550.8933
[email protected]
Sianna Ziegler
[email protected]
Jacob Detiege
[email protected]
Business Agenda Item 4b
STAFF REPORT
Business Agenda Item
DATE: April 6, 2026
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Rent Stabilization Regulations for Mobile Home Parks Urgency Ordinance STAFF RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt an Urgency Ordinance of the City of Fortuna City Council Adopting Chapter 11.02 of the Fortuna Municipal Code, Rent Stabilization Regulations for Mobile Home Parks (4/5th Vote Required) (Attachment A); and
2. Adopt Resolution 2026-10 establishing fees for Rent Stabilization Regulations for Mobile Home Parks Program Including Fees for Annual Consumer Price Index (CPI) Rent Increase Applications, Capital Improvement Pass-Through Applications, and Fair Return Rent Increase Applications (Attachment C).
BACKGROUND:
The purpose of this report is to propose an urgency ordinance to provide rent stabilization regulations for mobile home parks and summarize the substantive public feedback received during the public comment period on the Draft Urgency Ordinance for Rent Stabilization Regulations for Mobile Home Parks (RSRMHP) and to explain the revisions incorporated into the updated draft ordinance in response to that feedback. The revisions aim to address resident concerns, enhance fairness and transparency, and ensure City administrative capacity and efficiency to implement the ordinance while maintaining compliance with governing law.
Timeline:
• January 30, 2026, final public comments received.
• January 5, 2026, City staff released a draft Urgency Ordinance for Rent Stabilization Regulations for Mobile Home Parks.
• September 29, 2025, the City Council approved an Urgency Ordinance Creating a Temporary Moratorium on Rent Increases on Mobile Home Spaces in the City of Fortuna until April 30, 2026.
• On September 15, 2025, City staff presented information to the City Council on mobile home rent stabilization and staff were directed to return with a mobile home rent stabilization ordinance.
• July 21, 2025, the City Council received significant public comment from the community on the need for a mobile home rent stabilization ordinance. In addition, prior to the July 21 City Council meeting the Council received a number of email communications from Royal Crest Mobile Home Park tenants.
Business Agenda Item 4b
• July 17, 2025, City staff and the Mayor Pro Tem met with citizens from the Royal Crest Mobile Home Park to listen to their concerns regarding rent increases that were becoming unaffordable. In addition, Royal Crest residents have continued to attend City Council meetings advocating for rent stabilization.
BACKGROUND:
On January 5, 2026, the City released an initial draft of the Urgency Ordinance for Rent Stabilization Regulations for Mobile Home Parks (RSRMHP). Public comments were accepted through the comment period, during which the City received extensive written and oral submissions from mobile home residents, advocates, mobile home park owners, and their representatives.
The public comments (Attachment C), as compiled and analyzed highlight several recurring themes including requests for:
• Automatic annual CPI increases with caps,
• A rent-reduction process for reductions in services,
• Neutral and final decision-making by Hearing Officers, • Stronger limitations and clearer process for capital improvement passthroughs, • Restrictions on rent increases at sale, and
• Administrative funding mechanisms to support implementation.
These comments, along with additional technical guidance from legal counsel, informed the changes reflected in the updated draft ordinance before City Council.
Summary of Urgency Ordinance Changes Based on Public Comment:
A. CPI Rent Adjustments
Public Input:
Residents overwhelmingly requested that CPI increases be automatic, predictable, and subject to a hard cap between 3–5%. They also asked to eliminate applications and fees associated with CPI adjustments.
Change Made:
The updated ordinance incorporates a 5% CPI cap, as shown in Section 11.02.030 of the revised draft. While CPI increases still require a standardized application, the ordinance now places a maximum ceiling on CPI-based rent increases, directly reflecting public requests for greater predictability.
B. Prohibition on Rent Increases Upon Sale (In-Place Transfer) Public Input:
Residents and advocates requested strict limits, or elimination, of rent increases when a mobile home is sold in place.
Change Made:
The proposed urgency ordinance includes express language prohibiting any rent increase upon in-place sale or replacement of a mobile home. (Section 11.02.035 / In-Place Transfer Rent Increase).
C. Fair Return Petitions – Decision Maker and Process Reforms Business Agenda Item 4b
Public Input:
Residents advocated for neutral, professional Hearing Officers (ideally from OAH or similarly qualified), limits on filing frequency, and final, non-appealable administrative decisions subject only to judicial review under Code of Civil Procedure (CCP) §1094.5.
Park owners also requested a clearer, more predictable process.
Change Made:
The updated draft removes the City Council from the decision-making role and makes City-selected Hearing Officer decisions final, subject only to court review under CCP §1094.5. This change directly responds to requests for neutral, depoliticized adjudication and aligns with public recommendations.
D. Capital Improvement Passthroughs and Optional Pre-Approval Public Input:
Residents requested stronger limitations, including requiring majority homeowner consent and preventing passthroughs for capital improvements. Park owners, conversely, requested the ability to seek pre-approval before capital expenditures are incurred.
Change Made:
The revised draft adds a capital improvement pre-approval option, allowing park owners to seek conditional review before undertaking improvements. The Hearing Officer may grant preliminary approval based on scope and cost, though such approval is not binding if the actual project materially differs. This balances operational predictability for park owners with continued oversight.
E. Establishment of a Process for Rent Reductions Due to Reduction in Services Public Input:
Multiple residents requested a mechanism for proportional rent reductions when park-wide services are decreased.
Change Made:
While the full rent-reduction petition system was not explicitly incorporated in the latest draft, the issue has been flagged for further policy discussion and as administrative capacity increases within the City, as the ordinance’s current provisions do not yet address this request.
F. Registration, Transparency, and Maximum Allowable Rent (MAR) Establishment Public Input:
Residents requested more structured registration timelines, access to filings, clearer MAR determinations, and earlier notification protocols.
Change Made:
Revised Section 11.02.060 now requires registration of rents and services by fixed deadlines (July 31 and September 8, 2026) and requires a Hearing Officer review if MAR is challenged. The process includes detailed notice timelines and public access to documents.
Business Agenda Item 4b
G. Additional Administrative and Procedural Clarifications Public Input:
Additional public comments requested using a more localized CPI measure, adopting service-reduction remedies, and adopting park-closure procedures at a future point in time.
Change Made:
• CPI remains “Western States CPI-U,” unchanged to maintain administrative simplicity and because Western States CPI-U averages everything from Denver, CO to the coast, which is more representative of rural Northern California than the San Francisco or another metropolitan area’s index would be.
• Park-closure procedure suggestions are noted for potential future ordinance development.
The updated ordinance reflects substantial revisions directly responsive to stakeholder concerns, especially regarding fairness, transparency, predictability, and resident protections. Significant improvements include a CPI cap, elimination of rent increases upon sale, final Hearing Officer authority, and the addition of capital improvement pre-approval.
Further policy consideration may be needed on service-reduction remedies, local CPI selection, and long-term administrative funding.
FEES FOR RENT STABILIZATION REGULATIONS FOR MOBILE HOME PARKS:
California Government Code Sections 66014 and 66016 authorize local agencies to establish regulatory and processing fees to recover the reasonable cost of providing services.
Administration of the RSRMHP requires City staff to process three types of applications:
1. Annual CPI increases (administrative review),
2. Capital improvement pass-throughs (hearing required), and
3. Fair return rent increase requests (hearing required).
To determine the fees, staff prepared a cost analysis of expected labor and hearing-related expenses as shown in Attachment D. The analysis also reviewed similar programs in jurisdictions such as County of Humboldt and Carson, California, which provided comparative benchmarks for estimated staff hours.
1. Annual CPI Rent Increase Application Fee
These applications require only administrative review by staff.
Based on estimated review time (5 hours Senior Planner; 2 hours CDD/City Engineer), the full cost totals $594. The fee also includes a $10 per space charge to reflect workload proportional to the number of affected tenants. Proposed Fee:
• $594 + $10 per space
2. Capital Improvement Pass-Through Application Fee
These applications require significant staff analysis, noticing, and a full evidentiary hearing before a Hearing Officer. Estimated costs include:
• Senior Planner: 16 hours
• CDD/City Engineer: 9 hours
Business Agenda Item 4b
• Hearing Officer: 20 hours @ $350/hour
Total estimated cost: $9,216 (rounded to $9,217 deposit) Because actual costs may vary depending on the complexity of the application, deposits will be reconciled at closeout. Overages are billed and any remaining funds are refunded. Proposed Fee:
• $9,217 deposit + $10 per space
3. Fair Return Rent Increase Application Fee
Fair return applications require the most extensive analysis and hearing time.
Estimated costs include:
• Senior Planner: 30 hours
• CDD/City Engineer: 12 hours
• Hearing Officer: 25 hours @ $350/hour
Total estimated cost: $12,310 (rounded to $12,311 deposit). Similar to capital improvement applications, this fee is structured as a deposit subject to reconciliation. Proposed Fee:
• $12,311 deposit + $10 per space
ADDITIONAL DISCUSSION:
Rent Stabilization in Fortuna
According to the California Department of Housing and Community Development (HCD) Mobile home/RV Parks database, there are 115 parks in Humboldt County but only 97 have mobile home spaces. The others may be campsites or house RVs. These 97 parks have 3,018 mobile home spaces that are licensed and monitored by the State Department of Housing and Community Development (HCD). According to HCD, the City of Fortuna contains 4 mobile home parks for a total of 283 spaces. Fortuna’s four parks, which vary in size from 3 to 205 spaces, are located at:
• 544 Fortuna Boulevard – 3 spaces
• 2432 Newburg Road – 30 spaces
• 365 Fortuna Boulevard – 43 spaces
• 2283 Crest Drive – 205 spaces
Rent stabilization mechanisms are relatively consistent with Council’s goals stated in the Housing Element and General Plan to: (1) Provide decent housing for all persons regardless of age, sex, race, marital status, ethnic background, income, or arbitrary factors; (2) Provide adequate housing by location, type, price, and tenure, including for those of low and moderate income; and (5) Improve and conserve existing residential neighborhoods.
Table 2 below analyzes rent trends at Royal Crest Mobile Home Estates from 2012 to 2025.
Average.
Business Agenda Item 4b
Table 2: Royal Crest Mobile Home Increases
Rent
Effective
Date
Space
Rent
Annual
Increase $
Value
% Increase CPI - San
Francisco Bay
Area, August
2012 $419
2013-
Sept. $441 $22.00 5.25% 2.00%
2014-Oct. $462 $21.00 4.76% 3.00%
2015-Oct. $487 $25.00 5.41% 2.60%
2016-Oct. $509 $22.00 4.52% 3.10%
2017-Oct. $535 $26.00 5.11% 3.00%
2018-Oct. $570 $35.00 6.54% 4.30%
2019-Nov. $609 $39.00 6.84% 2.70%
2020-Dec. $669 $60.00 9.85% 1.60%
2021-Dec $699 $30.00 4.48% 3.70%
2022 $699 $0.00 0.00% 5.70%
2023-Jan. $733 $34.00 4.86% 3.40%
2024-Jan. $777 $44.00 6.00% 2.70%
2025-Jan. $822 $45.00 5.79% 2.50%
The average annual increase is $31per year or 5.34%. The highest increase was $60 in 2020 (9.85%), significantly above CPI (1.6%). In most years, rent increases exceeded inflation, especially in 2020 and 2019. Cumulative growth in rent rose from $419 in 2012 to $822 in 2025 — a 96% increase over 13 years.
FINANCIAL IMPACT:
Adoption of the proposed fee schedule ensures the City can fully recover the costs of administering mobile home rent stabilization regulations. Without the fees, the General Fund would subsidize these regulatory functions.
No net fiscal impact is anticipated because:
• Deposits are reconciled against actual expenses;
• Overages are billed to the applicant; and
• Unused funds are refunded.
It should be noted the adoption of the RSRMHP is additional work for City staff, particularly for Community Development staff, where this program will be housed, and the proposed fees do not support the addition of an additional full-time equivalent staff person.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions with staff.
2. Open and close Public Comment
3. Motion to adopt Urgency Ordinance 2026-784 and read by title only. Roll Call vote.
4. Motion to adopt Resolution 2026-10 and read by title only. Roll Call vote.
Business Agenda Item 4b
ATTACHMENTS:
Attachment A – Urgency Ordinance 2026-784, an Ordinance of the City of Fortuna City Council Adopting Chapter 11.02 of the Fortuna Municipal Code, Rent Stabilization Regulations for Mobile Home Parks
Attachment B – Ordinance with tracked changes
Attachment C – Resolution 2026-10, A Resolution of the City Council of the City of Fortuna Authorizing Fees for Rent Stabilization Regulations for Mobile Home Parks Program, Including Fees for Annual CPI Rent Increase Applications, Capital Improvement Pass-Through Applications, and Fair Return Rent Increase Applications
Attachment D – Proposed Fee Calculations
Attachment E – All public comments received on draft ordinance 1 ORDINANCE NO. _
URGENCY ORDINANCE OF THE CITY OF FORTUNA CITY COUNCIL
ADOPTING CHAPTER 11.02 OF THE FORTUNA MUNICIPAL CODE,
RENT STABILIZATION REGULATIONS FOR MOBILE HOME PARKS
(4/5TH Vote Required)
The City Council of the City of Fortuna does ordain as follows:
Section I. Title. This Ordinance shall be known as the “Fortuna Mobile Home Space Rent Stabilization Ordinance.”
Section II. Purpose and Authority. This ordinance adopts chapter 11.02 of the Fortuna Municipal Code to stabilize rents for spaces in mobile home parks in the City. This urgency ordinance is adopted pursuant to California Constitution, Article XI, section 7 and Government Code sections 36934 and 36937 and shall take effect immediately on approval by at least a fourfifths vote of the Fortuna City Council.
Section III. Emergency Findings. The City Council finds that the adoption of this ordinance on an urgency basis is necessary to preserve the public peace, health, and safety of the residents, and property owners of the City. The City Council further finds that the facts constituting the basis for the urgency are as follows:
A. Mobile home parks house a substantial number of City residents; and B. A significant majority of the residents of mobile home parks in the City are older individuals or couples living on fixed incomes. These are low- and very-lowincome households and typically spend over 30 percent of their household income on housing; and
C. Nearly all mobile home park residents own and occupy their mobile homes and have made a large investment to live in a mobile home park; and D. Residents of a mobile home park have very limited mobility due to the impracticality of relocating a mobile home; and
E. Alternative housing affordable to, and suitable for, the typical mobile home park resident is limited in and near the City and mobile home parks are a valuable source of housing affordable to low- and very-low-income individuals and families; and F. Several residents of mobile home parks in the City have expressed the concern that they could become homeless if mobile home park owners continue to impose significant rent increases; and,
2 G. Failure to adopt this ordinance on an urgency basis, before a temporary moratorium on above-inflation rent increases expires, could lead many or all park owners to substantially raise rents before the new ordinance takes effect, defeating the purpose of rent stabilization.
H. For these reasons, the City Council finds it is necessary to adopt rent stabilization by urgency ordinance.
Section IV. The Fortuna Municipal Code is hereby amended to add Title 11 to read as follows:
Title 11
Other Police Power Ordinances
Chapter 11.02 Mobilehome Space Rent Stabilization
Section 11.02.010 Definitions.
These words and phrases, whenever used in this chapter, shall be construed as defined in this section unless the context clearly indicates another meaning was intended.
A. “Camping trailer” shall mean a vehicular portable housing unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold for occupancy, and designed for recreational or emergency human occupancy.
B. “Capital improvement” shall mean improvements to a park, major refurbishment of a park, and rehabilitation of a mobile home park any of which involves more than ordinary maintenance.
C. “Department” shall mean the Community Development Department of the City.
D. “Hearing Officer” shall mean a licensed attorney with no financial interest in Mobilehomes, Mobilehome Spaces, or Mobilehome Parks who has not represented Mobilehome Park Owners or Mobilehome Park Mobilehome Owners in disputes involving mobile home rent setting,or Park closings, Park conversions, or between Park Owners and Park residents in the five years before his or her appointment by the City Manager to conduct a hearing under this Chapter.
E. “Homeowner” shall mean an owner of a mobile home in a mobile home park in the City.
E. “Maximum allowable rent” or “MAR’ has the meaning stated in 11.02.060 of this chapter.
F. “Mobile home” means those structures defined in Civil Code Section 798, et. seq., and 3 other vehicles designed or used for human habitation, including camping trailers, recreational vehicles, motorhomes, slide-in campers, or travel trailers, that occupy a site in a mobile home park as defined in Civil Code sections 798.4 and 798.6.
G. “Mobile Home Park” or “Park” means any manufactured home park in the City as defined in Civil Code sections 798.4 and 798.6 with 10 or more mobilehome spaces.
H. “Mobile home space” shall mean a site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached to or used in conjunction with a mobile home.
I. “Motor home” shall mean a vehicular unit built on or permanently attached to a selfpropelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for recreational or emergency human occupancy.
J .“Ordinance” means the ordinance which adopted this chapter.
K. “Park Owner” shall mean an owner or operator of a mobile home park or a person authorized to act on an owner’s behalf in operating a park.
L. “Rehabilitation” shall mean any renovation or repair completed on or in a mobile home park to comply with the direction or order of a public agency, or to repair damage resulting from fire, earthquake, or other casualty.
M. “Rent” shall mean the consideration paid for the use or occupancy of a mobile home space.
N. “Resident Homeowner” shall mean a Homeowner who has a tenancy in a park and lives in a mobile home there.
O. “Tenancy” means the lawful occupation of a mobile home park space and includes a lease or sublease.
P. “Tenant” means a residential tenant, subtenant, lessee, sublessee, or any other person entitled by written or oral rental agreement, or by sufferance, to use or occupancy of a space in a mobilehome park.
Q. “Travel trailer” shall mean a portable unit, mounted on wheels, of such size and weight as not to require special highway movement permits when drawn by a motor vehicle, and designed for recreational or emergency human occupancy.
R. “Slide-in camper” shall mean a portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for recreational or emergency human occupancy and shall include a truck camper.
Section 11.02.020 Base Rent.
4 Except as provided in this chapter, a Park Owner shall not demand, accept, or retain rent for a Mobile home Space exceeding the rent in effect for the space on September 29, 2025. If a previously rented Mobile home Space was not rented on that date, the Park Owner shall not demand, accept, or retain rent for the space exceeding the rent in effect during the last month the space was rented before that date. If a Mobile home Space is rented for the first time after that date, the Park Owner shall not demand, accept or retain rent for the space exceeding the rent first charged for the space. No Park Owner shall notify Tenants of the amount of a proposed rental increase before the City approves it and any notice not approved by the City shall have no legal effect.
Section 11.02.030 Consumer Price Index (CPI) Rent Increase.
A. The maximum rent a Park Owner may request, demand, or receive for a Mobile Home Space covered by this section shall not exceed the monthly rent charged for such Mobile Home Space as of the date of approval of the park’s last rent increase under this chapter. Rent increases shall not occur more than once during any 12- month period and shall be no more than the change in the cost of living since the last rent increase under this chapter, as indicated in the latest available Consumer Price Index (“CPI”). CPI rent increases shall not exceed five percent (5%). Larger increases may be sought pursuant to section 11.02.040 of this chapter.
B. “Consumer Price Index” means that index for All Urban Consumers in the Western States Area (commonly known as the “CPI-U”) as provided by the United States Bureau of Labor Statistics (1982–84 = 100) or any successor to that index.
C. The City Manager shall calculate of any rent increase allowable under this section as follows:
Multiply the allowable percentage rent increase by the current lawful rent. The resulting figure is the maximum allowable rent increase.
D. An application for a CPI rent increase under this section shall be filed upon a form prescribed by the City Manager and shall be submitted to the Department. It shall be accompanied by a fee to be established by resolution of the City Council. The application shall specify the address of the Mobile Home Park, the space number or numbers for which the CPI rent adjustment is requested, and the amount of the CPI rent adjustment permitted under this chapter.
E. The application shall be a disclosable record under the California Public Records Act.
F. Unless waived by a park owner in writing, the City Manager or his/her designee shall, within 30 days of the date an application is found to be substantially complete, approve, conditionally approve, of disapprove the application.
Section 11.02.035 In-Place Transfer Rent Increase
5 A. Upon the sale of a Mobilehome in place no rent increase may be imposed.
B. No increase may be imposed pursuant to this Section when an existing Mobilehome Owner replaces an existing Mobilehome with another Mobilehome, occupying the same Mobilehome space.
C. Instead, increases shall apply under this chapter as if no change of mobilehome or owner had occurred.
Section 11.02.040 Fair Return Rent Increases Applications A. A Park Owner who seeks a rent adjustment in addition to that permitted annually under section 11.02.030 to a “fair return,” as the law defines that term, may file with the Department a rent increase petition for one or more Mobile home spaces for approval by the City Council pursuant to this subdivision C.
B. An application for a rent adjustment pursuant to this section shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee to be established by resolution of the City Council. The application shall specify the address of the Mobile Home Park, the space number or numbers for which a rent increase is requested, the amount of the requested rent increase, and the facts supporting the application. Supporting documentation shall be filed with the application and the applicant shall produce at the request of the Department any records, receipts, reports, or other documents that the Department may consider necessary for the Hearing Officer to make findings and recommendations concerning the application. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department.
C. A rent increase application accompanied by the required fee shall be accepted and lodged by the Department but shall not be filed until it is substantially complete and the time periods provided by this chapter for processing the application shall not begin to run until an application is substantially complete and filed. The Department shall determine within 30 days after an application is lodged whether it is complete. If the Department determines that an application is not complete, it shall so notify the applicant in writing and the notice shall state what additional information is required to complete the application. An application which is substantially complete but lacks documentation to support certain claims can be processed for hearing, but any claimed expenses lacking adequate documentation shall not be allowed in determining fair return. The Department shall return to the applicant any application which has not been substantially completed within six (6) months of its submission to the Department. Thereafter, a new application and fee shall be required if the applicant wishes to apply for a rent increase.
D. Upon receipt of a Fair Return rent increase application, the Department shall mail a notice to the affected Homeowners informing them that an application has been 6 lodged and is being reviewed for completeness. The notice shall state the rent increase sought. Homeowners may review the application in the Department and may also obtain copies of the application after payment of the City’s copying costs. After determining that an application is substantially complete, the Department shall notify the applicant that the application is substantially complete and has been filed. At the same time, the Department shall notify the affected Homeowners that the application is substantially complete, of the rent increase sought , that they have 30 days from the date of the notice to submit to the Department written statements, photographs, documents, or other evidence relating to the application. No such evidence may be filed later than 10 days before the hearing on the application. All materials submitted by a Park Owner, Homeowner, or any other interested party are public records, may be inspected and may be copied upon payment of the City’s copying costs.
E. The City Manager, or his/her designee, shall designate a Hearing Officer to conduct a public hearing on an application under this section within 60 days of the date that the application is determined to be substantially complete, except as provided in subsection H of this Section. Notice of the time, date and place of the hearing shall be mailed to the applicant and affected Homeowners at least 15 days before the hearing date and shall state that evidence be submitted not later than 10 days before the hearing as required by subdivision D of this section. A staff report on an application shall be provided to the Hearing Officer, and made available to the applicant, the Homeowners, and their designated representatives (if any) at least five days before the hearing.
1. At the public hearing, the applicant, affected Homeowners, their representatives, and any interested person may offer any testimony relevant to the application. They may offer documents, written declarations, photographs or other written or documentary evidence for the first time at the hearing only if good cause is shown (a) why this evidence could not, with reasonable diligence, have been filed with the Department 10 days before the hearing and (b) that the material was filed with the Department as soon as possible.
2. All persons testifying at the hearing shall do so under penalty of perjury.
Formal rules of evidence shall not apply.
3. The Hearing Officer shall approve of a Fair Return rent increase requested, a modified rent increase, or denial of the application under the standards of subdivision F of this section and applicable law and shall submit written findings of fact and conclusions of law to the City Manager or designee no later than 75 days after the petition was deemed substantially complete except as provided in subdivision H of this section.
The Hearing Officer’s decision shall be final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5.
F. The Hearing Officer shallgrant Fair Return rent increases as he or she determines to be fair, just, and reasonable. A rent increase is fair, just, and reasonable if it protects 7 Homeowners from excessive rent increases and allows a fair return on investment to the Park Owner. The following factors and any Guidelines adopted by the City Council, as well as any other relevant factors, shall be considered in deciding whether to grant a Fair Return rent increase; no single factor shall be determinative.
1. Changes in the Consumer Price Index for All Urban Consumers in the Western States Area published by the Bureau of Labor Statistics. If the Bureau of Labor Statistics subsequently changes the geographic reporting area in which the City is located, the most current reporting area established by the Bureau for an area including the City shall be used.
2. The rent lawfully charged for comparable Mobile home spaces in the City.
3. The length of time since either the last hearing on a rent increase application or the last rent increase if no previous rent increase application has been made.
4. The completion of any capital improvements related to the mobile home space or spaces for which the increase is sought, including costs of materials, labor, interest, permit fees, and other items as established by evidence the Hearing Officer deems relevant.
5. Changes in property taxes or other taxes related to the Mobile Home Park.
6. Changes in any rent the applicant pays to lease the land on which the Mobile Home Park is located.
7. Changes in the utility charges for the Mobile Home Park paid by the applicant and the extent of reimbursement from tenants.
8. Changes in reasonable operating and maintenance expenses.
9. The need for repairs caused by circumstances other than ordinary wear and tear.
10. The amount and quality of services the applicant provides the affected tenant(s).
11. Any existing written lease(s) lawfully entered into between the applicant and the affected tenant(s).
G. Notice of the Hearing Officer’s findings and determination on an application shall be mailed to the applicant, the Park Owner, and all affected Homeowners. The Hearing Officer’s decision shall become final as to the City upon mailing, with proofs of service, to all parties of the final decision on the merits of the application. Judicial review of the Hearing Officer’s decision may be had pursuant to Code of Civil Procedure section 1094.5.
8 H. 1. Any deadline set by this section may be extended without the written consent of the applicant or Park Owner if the need for the extension is caused by the conduct of the applicant or the Park Owner.
2. If the Hearing Officer cannot submit his or her findings of fact, conclusions of law, and decision when this chapter otherwise requires, including any extensions of time the applicant consents to, and that inability is not due to the conduct of the applicant or the Park Owner, or some cause beyond the Hearing Officer’s control, such as, but not limited to, fire, earthquake or flood, the Hearing Officer shall include in the decision a temporary additional rent increase to compensate the applicant for the delay after the date an increase would have been granted under the timeline otherwise required by this Chapter.
Section 11.02.050 Time Limitation for Increase Due to Capital Improvement A. A Park owner may request a Capital Improvement Rent Increase upon a form prescribed by the City Manager which shall be submitted to the Department. It shall be accompanied by a fee to be established by resolution of the City Council. Capital Improvement rent increases require approval from a Hearing Officer after a hearing noticed as provided in section 11.02.040. The Hearing Officer’s decision shall be final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5.
B. A Park owner may, but need not, seek preliminary approval of a Capital Improvement Rent Increase before making the improvement provided the Hearing Officer determines that the Park owner has provided sufficient information about the scope of work and its estimated cost to allow the Hearing Officer to implement this section.
Such a preliminary approval will not bind the City to approve the preliminarily approved rent increase after the improvement is completed, but a Hearing Officer’s decision to deny such an increase shall be supported by substantial record evidence demonstrating that the capital improvement constructed differs materially in scope or cost from that presented in the preliminary application. Such a request shall be otherwise subject to the provisions of this section for Capital Improvement rent increases.
C. The Hearing Officer may provide that an increase in rent, or a portion of an increase in rent, be limited to the time necessary to allow the Park Owner to reasonably amortize the cost of a capital improvement, including interest and any necessary costs, excluding attorneys’ fees. Such increases shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement and shall be listed separately from base rent on a monthly rent statement, invoice, or bill provided to Homeowners. When calculating other rent increases, any capital improvement rent increase shall not be included in the existing rent.
9 D. If the cost of a capital improvement for which an increase was granted under this subsection is later recovered by the Park Owner from a third party before the expiration of the amortization period approved by the Hearing Officer, the Park Owner, any affected Homeowner, or the Director of the Department or his or her designee, may apply to the Department to terminate the capital improvement rent increase. The capital improvement rent increase shall be suspended pending determination of the application and, if the application is denied, the amortization period during which the increase may be collected shall be extended as necessary to allow the full amortization period the Hearing Officer originally allowed.
E. Upon receipt of an application to terminate a capital improvement rent increase, and upon satisfactory proof of recovery of the cost of the improvement, such as, but not limited to, a court judgment or insurer’s acknowledgment of coverage, the Director of the Department shall notify the Park Owner and affected Homeowners of the application. The capital improvement rent increase shall be terminated within 15 days of the notice unless within 10 days of the notice the Park Owner protests the termination on the ground that he or she has not in fact recovered the cost of the improvement. If satisfactory proof of recovery of the cost of the improvement is submitted with the application, the Department shall give notice of that determination to the applicant, the affected Homeowners, and the Park Owner and the Director’s approval shall become final within 15 days of the notice unless the applicant or an affected Homeowner protests within that time. If an affected Homeowner or the Park Owner protests, the Department shall notify the affected Homeowners and Park Owner that a Hearing Officer will hear the protest on a date not later than 30 days after the protest was filed. The notice shall be mailed no later than 15 days prior to the hearing and the Hearing Officer shall make a decision final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5, within 45 days after the protest was filed. Any deadline under this section may be extended pursuant to subdivision H of section 11.02.040 of this chapter.
Section 11.02.060 Maximum Allowable Rent (“MAR”)
A. The maximum allowable rent (“MAR”) for any Mobile Home Space is the rent the City last approved pursuant to this chapter or as otherwise specified in this section.
B. Any Mobile Home Park which has not sought approval of a rent increase from the City by July 31, 2026 shall register, on a form provided by the Department, the rent for each space in the park on that date, and the amenities and services provided to the Homeowners in the Park on that date by September 8, 2026. The rent so registered for each space shall become the MAR (Maximum Allowable Rent) for that space unless that rent is challenged by a Homeowner within 30 days after notice is sent by the Department to each Homeowner showing the rent registered for each space.
C. The challenge must be supported evidence that the rent registered is not, in fact, the recent lawfully charged on the date specified in section 11.02.020 of this chapter or otherwise exceeds the rent permitted by this chapter and other law. 10 D. Any challenge shall be submitted in writing to the Department. Upon receipt of the challenge, the Department shall notify the Park Owner that he or she has 30 days in which to provide any information relevant to determining the challenge.
E. The Department shall set a public hearing before a Hearing Officer to determine the MAR for each space for which a challenge has been filed no later than 30 days after the expiration of the Park Owner’s time to respond to a challenge. The department shall mail notice of the time, date, and place of hearing to the Park Owner and affected Homeowners at least 15 days before the public hearing and no written or documentary evidence may be submitted later than 10 days before the hearing unless the Hearing Officer finds that good cause is shown (i) why this evidence could not, with reasonable diligence, have been filed with the Department 10 days before the hearing and (ii) that the material was filed with the Department as soon as possible.
F. The hearing shall be held according to the provisions of this chapter governing hearings on rent increase applications. The Hearing Officer shall set forth in writing his or her findings and the MAR for the spaces for which a challenge was filed within 15 days after the date on which the public hearing is opened. No fee shall be charged for registering rents or for filing a challenge under this section. Any deadline under this section may be extended pursuant to subdivision H of section 11.02.040 of this chapter. The Hearing Officer’s decision shall be final as to the City but subject to judicial review under Code of Civil Procedure section 1094.5.
Section 11.02.070 Tenancies Not Governed by the Mobile home Residency Law A. A Resident Homeowner whose tenancy is not regulated by the Mobile Home Residency Law (Civil Code Sections 798 et seq.) shall not be charged a fee for anything other than rent or utilities except for reasonable charges for incidental services actually rendered.
B. A tenancy which is not subject to the Mobile Home Residency Law (Civil Code Sections 798 et seq.) shall not be terminated nor shall its renewal be refused, except for one or more of these reasons:
1. Failure of the Homeowner to comply with a local ordinance or State law or regulation relating to mobile homes within a reasonable time after the Homeowner receives a notice of noncompliance from an appropriate governmental agency.
2. Conduct by the Homeowner upon the mobile home park premises which constitutes a substantial annoyance to other Homeowners.
3. Failure of the Homeowner to comply with reasonable rule or regulation of the Mobile Home Park. No act or omission of the Homeowner shall constitute such a failure to comply unless the Park Owner has given the 11 Homeowner written notice of the alleged rule or regulation violation and the Homeowner has not adhered to the rule or regulation within seven days.
4. Nonpayment of rent, utility charges, or reasonable charges for incidental services.
5. Condemnation of the Mobile Home Park.
6. Change of use of the Mobile Home Park; provided that:
a) The Park Owner has satisfied the provisions of Section 798.56 of the California Civil Code, Government Code
Sections 65863.7 and 65863.8 and any applicable ordinance of the City; and
b) The Park Owner gives the Homeowner written notice of the proposed change 12 months or more before the date of the proposed change; and c) The Park Owner gives written notice of the proposed change of use to each Homeowner whose tenancy will commence within 12 months of the proposed change before inception of that tenancy.
C. Notice of termination or refusal to renew must be given in writing as prescribed by Section 1162 of the Code of Civil Procedure at least 60 days before a tenancy is to terminate. That notice shall state the date the tenancy is to terminate, the reason for the termination or refusal to renew, and the specific facts on which the Park Owner relies to terminate the tenancy.
Section 11.02.080 Refusal to Pay Illegal Rent
A. Homeowner may refuse to pay any rent exceeding the maximum allowable rent (“MAR”). That such unpaid rent exceeds the MAR shall be a defense in any action brought to collect such unpaid rent or to recover possession of a Mobile Home Space for nonpayment of rent.
Section 11.02.090 Remedies
A. Any person who demands, accepts, or retains any rent in violation of this chapter shall be liable in a civil action to the person who paid that rent for damages in the sum of three times the amount by which the rent demanded, accepted, or retained exceed the maximum allowable rent together with reasonable attorneys’ fees and costs as determined by the court.
B. Any person violating any provisions of this chapter shall be guilty of a misdemeanor and shall be punishable as provided by chapters 1.08 and 1.09 of this Code. 12 C. Code of Civil Procedure Section 1094.6 applies to decisions of the City under this chapter and no legal challenge to any such decision may be brought unless it is filed within the time permitted by that statute. The City Council’s resolution reflecting such a decision or other City decision shall state that the time within which judicial review must be sought is governed by Code of Civil Procedure Section 1094.6 and a copy of the resolution or decision, including a certificate of mailing, shall be sent to the applicant, and to a representative of the affected Homeowners, if one has been designated, by first class mail.
Section 11.02.100 City Council Review of this Chapter
The City Council shall review this chapter 18 months after its adoption, and periodically thereafter, to consider:
a) Whether this chapter continues to be necessary to protect the public health, safety and welfare;
b) Whether its implementation has been adequate; and
c) Whether its should be amended to provide more effective regulations or to avoid unnecessary hardship to Homeowners or Park Owners.
Section 11.02.110 Lease Regulations
No Park Owner may require, directly or indirectly, that any Homeowner or prospective Homeowner sign a lease or rental agreement that exempts the agreement from local rent control or provides for space rent greater than the maximum allowable rent and no Park Owner may deny a tenancy to a prospective purchaser of a mobile home in the park on the ground that the prospective purchaser will not sign such a lease or rental agreement.
Section 11.02.120 Utility Fees – Registration and Posting A. Not less than 90 days before imposing a separate charge for a utility service previously included in rent pursuant to Civil Code Section 798.41, a Park Owner shall file notice with the Department on a form provided by the City, which specifies for each space the current rent, the new charge to be imposed, the duration and expiration date of the charge if it has a limited duration, the rent reduction to be made simultaneously with imposition of the charge, the calculation of the new charge and rent reduction and the new MAR for each space.
B. Not less than 90 days before imposing, increasing, decreasing or eliminating a charge separately billed pursuant to Civil Code Section 798.49, a Park Owner shall file a notice with the Department on a form provided by the City which specifies for each space the current rent, the new charge or charge eliminated or the amount of any increase or decrease in an existing charge, the fee or assessment on which the charge 13 or change is based, the basis for the amount of the charge or any change therein, and the duration and expiration date of the charge if it has a limited duration.
C. Within 10 days of executing any rental agreement or lease which is exempt from this chapter pursuant to the Mobile Home Residency Law, Civil Code Sections 798 et seq., a Park Owner shall register that lease with the Department on a form provided by the City, which specifies the beginning and ending date of the lease and the rental rate(s) applicable during its duration, and shall provide the City a copy of the lease.
D. Every Park Owner shall post a copy of this chapter in the park office or manager’s office where it may be viewed by Homeowners and in any clubhouse, recreation building or room, auditorium or assembly room; shall give each Resident Homeowner a copy of this chapter and shall give each prospective Homeowner a copy of this chapter before the prospective Homeowner executes any lease or rental agreement with the Park; and, shall file with the Department within five days of execution of a lease or rental agreement a signed receipt from each new Homeowner acknowledging receipt of a copy of this chapter before execution of any lease or rental agreement.
Section V. CEQA
Adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly).
Section VI. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, this decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares it would have adopted this Ordinance and every section, subsection, sentence, clause, or phrase thereof despite the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unconstitutional, or otherwise unenforceable.
Section VII. Immediate Effectiveness, Publication
This Ordinance shall be in full force and effect immediately on its passage by a four-fifths or greater vote of the City Council. Notice of its adoption shall be given as required by Government Code section 36933.
APPROVED at a regular meeting of the City Council on this ___ day of April 6, 2026, by the following vote:
AYES:
NAYS:
14 ABSENT:
ABSTAIN:
______________________________
Mike Johnson, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
1 ORDINANCE 2026-784
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORTUNAADOPTING CHAPTER 11.02 OF THE FORTUNA
MUNICIPAL CODE, RENT STABILIZATION REGULATIONS FOR
MOBILE HOME PARKS (4/5TH Vote Required)
The City Council of the City of Fortuna does ordain as follows:
Section I. Title. This Ordinance shall be known as the “Fortuna Mobile Home Space Rent Stabilization Ordinance.”
Section II. Purpose and Authority. This ordinance adopts chapter 11.02 of the Fortuna Municipal Code to stabilize rents for spaces in mobile home parks in the City. This urgency ordinance is adopted pursuant to California Constitution, Article XI, section 7 and Government Code sections 36934 and 36937 and shall take effect immediately on approval by at least a fourfifths vote of the Fortuna City Council.
Section III. Emergency Findings. The City Council finds that the adoption of this ordinance on an urgency basisis necessary to preserve the public peace, health, and safety of the residents, , and property owners of the City. The City Council further finds that the facts constituting the basis for the urgency are as follows:
A. Mobile home parks house a substantial number of City residents; and B. A significant majority of the residents of mobile home parks in the City are older individuals or couples living on fixed incomes. These are low- and very-lowincome households and typically spend over 30 percent of their household income on housing; and
C. Nearly all mobile home park residents own and occupy their mobile homes and have made a large investment to live in a mobile home park; and D. Residents of a mobile home park have very limited mobility due to the impracticality of relocating a mobile home; and
E. Alternative housing affordable to, and suitable for, the typical mobile home park resident is limited in and near the City and mobile home parks are a valuable source of housing affordable to low- and very-low-income individuals and families; and F. Several residents of mobile home parks in the City have expressed the concern that they could become homeless if mobile home park owners continue to impose significant rent increases; and,
2 G. Failure to adopt this ordinance on an urgency basis, before a temporary moratorium on above-inflation rent increases expires, could lead many or all park owners to substantially raise rents before the new ordinance takes effect, defeating the purpose of rent stabilization.
H. For these reasons, the City Council finds it is necessary to adopt rent stabilization by urgency ordinance.
Section IV. The Fortuna Municipal Code is hereby amended to add Title 11 to read as follows:
Title 11
Other Police Power Ordinances
Chapter 11.02 Mobilehome Space Rent Stabilization
Section 11.02.010 Definitions.
These words and phrases, whenever used in this chapter, shall be construed as defined in this section unless the context clearly indicates another meaning was intended.
A. “Camping trailer” shall mean a vehicular portable housing unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold for occupancy, and designed for recreational or emergency human occupancy.
B. “Capital improvement” shall mean improvements to a park, major refurbishment of a park, and rehabilitation of a mobile home park any of which involves more than ordinary maintenance.
C. “Department” shall mean the Community Development Department of the City.
D. “Hearing Officer” shall mean a licensed attorney with no financial interest in Mobilehomes, Mobilehome Spaces, or Mobilehome Parks who has not represented Mobilehome Park Owners or Mobilehome Park Mobilehome Owners in disputes involving mobile home rent setting, cases or Park closings, Park conversions, or between Park Owners and Park residents in the five years before his or her appointment by the City Manager to conduct a hearing under this Chapter.
E. “Homeowner” shall mean an owner of a mobile home in a mobile home park in the City.
E. “Maximum allowable rent” or “MAR’ has the meaning stated in 11.02.060 of this chapter.
F. “Mobile home” means those structures defined in Civil Code Section 798, et. seq., and other vehicles designed or used for human habitation, including camping trailers, recreational vehicles, motorhomes, slide-in campers, or travel trailers, that occupy a site in 3 a mobile home park as defined in Civil Code sections 798.4 and 798.6.
G. “Mobile Home Park” or “Park” means any manufactured home park in the City as defined in Civil Code sections 798.4 and 798.6 with 10 or more mobilehome spaces.
H. “Mobile home space” shall mean a site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached to or used in conjunction with a mobile home.
I. “Motor home” shall mean a vehicular unit built on or permanently attached to a selfpropelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for recreational or emergency human occupancy.
J .“Ordinance” means the ordinance which adopted this chapter.
K. “Park Owner” shall mean an owner or operator of a mobile home park or a person authorized to act on an owner’s behalf in operating a park.
L. “Rehabilitation” shall mean any renovation or repair completed on or in a mobile home park to comply with the direction or order of a public agency, or to repair damage resulting from fire, earthquake, or other casualty.
M. “Rent” shall mean the consideration paid for the use or occupancy of a mobile home space.
N. “Resident Homeowner” shall mean a Homeowner who has a tenancy in a park and lives in a mobile home there.
O. “Tenancy” means the lawful occupation of a mobile home park space and includes a lease or sublease.
P. “Tenant” means a residential tenant, subtenant, lessee, sublessee, or any other person entitled by written or oral rental agreement, or by sufferance, to use or occupancy of a space in a mobilehome park.
Q. “Travel trailer” shall mean a portable unit, mounted on wheels, of such size and weight as not to require special highway movement permits when drawn by a motor vehicle, and designed for recreational or emergency human occupancy.
R. “Slide-in camper” shall mean a portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for recreational or emergency human occupancy and shall include a truck camper.
Section 11.02.020 Base Rent.
Except as provided in this chapter, a Park Owner shall not demand, accept, or retain rent for a Mobile home Space exceeding the rent in effect for the space on [date],September 29, 2025. If a 4 previously rented Mobile home Space was not rented on that date, the Park Owner shall not demand, accept, or retain rent for the space exceeding the rent in effect during the last month the space was rented before that date. If a Mobile home Space is rented for the first time after that date, the Park Owner shall not demand, accept or retain rent for the space exceeding the rent first charged for the space. No Park Owner shall notify Tenants of the amount of a proposed rental increase before the City approves it and any notice not approved by the City shall have no legal effect.
Section 11.02.030 Consumer Price Index (CPI) Rent Increase.
A. The maximum rent a Park Owner may request, demand, or receive for a Mobile Home Space covered by this section shall not exceed the monthly rent charged for such Mobile Home Space as of the date of approval of the park’s last rent increase under this chapter. Rent increases shall not occur more than once during any 12-month period and shall be no more than the change in the cost of living since the last rent increase under this chapter, as indicated in the latest available Consumer Price Index (“CPI”). CPI rent increases shall not exceed five percent (5%). Larger increases may be sought pursuant to section 11.02.040 of this chapter.
B. “Consumer Price Index” means that index for All Urban Consumers in the Western States Area (commonly known as the “CPI-U”) as provided by the United States Bureau of Labor Statistics (1982–84 = 100) or any successor to that index.
C. The City Manager shall calculate of any rent increase allowable under this section as follows:
Multiply the allowable percentage rent increase by the current lawful rent. The resulting figure is the maximum allowable rent increase.
D. An application for a CPI rent increase under this section shall be filed upon a form prescribed by the City Manager and shall be submitted to the City ManagerDepartment.
It shall be accompanied by a fee to be established by resolution of the City Council.
The application shall specify the address of the Mobile Home Park, the space number or numbers for which the CPI rent adjustment is requested, and the amount of the CPI rent adjustment permitted under this chapter.
E. The application shall be a disclosable record under the California Public Records Act.
F. Unless waived by a park owner in writing, the City Manager or his/her designee shall, within 30 days of the date an application is found to be substantially complete, approve, conditionally approve, ofor disapprove the application.
Section 11.02.035 In-Place Transfer Rent Increase
A. Upon the sale of a Mobilehome in place no rent increase may be imposed.
B. No increase may be imposed pursuant to this Section when an existing Mobilehome Owner replaces an existing Mobilehome with another Mobilehome, occupying the 5 same Mobilehome space.
C. Instead, increases shall apply under this chapter as if no change of mobilehome or owner had occurred.
Section 11.02.040 Fair Return Rent Increases Applications A. A Park Owner who seeks a rent adjustment in addition to that permitted annually under section 11.02.030 to a “fair return,” as the law defines that term, may file with the Department a rent increase petition for one or more Mobile home spaces for approval by the City Council pursuant to this subdivision C.
B. An application for a rent adjustment pursuant to this section shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee to be established by resolution of the City Council. The application shall specify the address of the Mobile Home Park, the space number or numbers for which a rent increase is requested, the amount of the requested rent increase, and the facts supporting the application. Supporting documentation shall be filed with the application and the applicant shall produce at the request of the Department any records, receipts, reports, or other documents that the Department may consider necessary for the Hearing Officer to make its findings and recommendations concerning the application. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department.
C. A rent increase application accompanied by the required fee shall be accepted and lodged by the Department but shall not be filed until it is substantially complete and the time periods provided by this chapter for processing the application shall not begin to run until an application is substantially complete and filed. The Department shall determine within 30 days after an application is lodged whether it is complete. If the Department determines that an application is not complete, it shall so notify the applicant in writing and the notice shall state what additional information is required to complete the application. An application which is substantially complete but lacks documentation to support certain claims can be processed for hearing, but any claimed expenses lacking adequate documentation shall not be allowed in determining fair return. The Department shall return to the applicant any application which has not been substantially completed within six (6) months of its submission to the Department.
Thereafter, a new application and fee shall be required if the applicant wishes to apply for a rent increase.
D. Upon receipt of a Fair Return rent increase application, the Department shall mail a notice to the affected Homeowners informing them that an application has been lodged and is being reviewed for completeness. The notice shall state the rent increase sought.
Homeowners may review the application in the Department and may also obtain copies of the application after payment of the City’s copying costs. After determining that an application is substantially complete, the Department shall notify the applicant that the application is substantially complete and has been filed. At the same time, the 6 Department shall notify the affected Homeowners that the application is substantially complete, of the rent increase sought , that they have 30 days from the date of the notice to submit to the Department written statements, photographs, documents, or other evidence relating to the application. No such evidence may be filed later than 10 days before the hearing on the application. All materials submitted by a Park Owner, Homeowner, or any other interested party are public records, may be inspected and may be copied upon payment of the City’s copying costs.
E. The City Manager, or his/her designee, shall designate a Hearing Officer to conduct a public hearing on an application under this section within 60 days of the date that the application is determined to be substantially complete, except as provided in subsection H of this Section. Notice of the time, date and place of the hearing shall be mailed to the applicant and affected Homeowners at least 15 days before the hearing date and shall state that evidence be submitted not later than 10 days before the hearing as required by subdivision D of this section. A staff report on an application shall be provided to the Hearing Officer, and made available to the applicant, the Homeowners, and their designated representatives (if any) at least five days before the hearing.
1. At the public hearing, the applicant, affected Homeowners, their representatives, and any interested person may offer any testimony relevant to the application. They may offer documents, written declarations, photographs or other written or documentary evidence for the first time at the hearing only if good cause is shown (a) why this evidence could not, with reasonable diligence, have been filed with the Department 10 days before the hearing and (b) that the material was filed with the Department as soon as possible.
2. All persons testifying at the hearing shall do so under penalty of perjury. Formal rules of evidence shall not apply.
3. The Hearing Officer may recommendshall determine approveal of a Fair Return rent increase requested, a modified rent increase, or denial of the application under the standards of subdivision F of this section and applicable law and shall submit written findings of fact and recommendations conclusions of law to the City CouncilCity Manager or designee no later than 75 days after the petition was deemed substantially complete except as provided in subdivision H of this section.
4. The City Council will consider the Hearing Officer’s findings and recommendations within 30 days of receipt and render a final decision within 15 days of consideration except as provided in subdivision H of this sectionHearing Officer’s decision shall be final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5.
F. The Hearing Officer shall recommend and the City Council shall shall grantshall grant Fair Return rent increases as it he or she determines to be fair, just, and reasonable. A rent increase is fair, just, and reasonable if it protects Homeowners from excessive rent increases and allows a fair return on investment to the Park Owner. The following 7 factors and any Guidelines adopted by the City Council, as well as any other relevant factors, shall be considered in deciding whether to grant a Fair Return rent increase; no single factor shall be determinative.
1. Changes in the Consumer Price Index for All Urban Consumers in the Western States Area published by the Bureau of Labor Statistics. If the Bureau of Labor Statistics subsequently changes the geographic reporting area in which the City is located, the most current reporting area established by the Bureau for an area including the City shall be used.
2. The rent lawfully charged for comparable Mobile home spaces in the City.
3. The length of time since either the last hearing and final determination by the City Council on a rent increase application or the last rent increase if no previous rent increase application has been made.
4. The completion of any capital improvements related to the mobile home space or spaces for which the increase is sought, including costs of materials, labor, interest, permit fees, and other items as established by evidence the Hearing Officer deems relevant.
5. Changes in property taxes or other taxes related to the Mobile Home Park.
6. Changes in any rent the applicant pays to lease the land on which the Mobile Home Park is located.
7. Changes in the utility charges for the Mobile Home Park paid by the applicant and the extent of reimbursement from tenants.
8. Changes in reasonable operating and maintenance expenses.
9. The need for repairs caused by circumstances other than ordinary wear and tear.
10. The amount and quality of services the applicant provides the affected tenant(s).
11. Any existing written lease(s) lawfully entered into between the applicant and the affected tenant(s).
G. Notice of the Hearing Officer’s findings and determination on an application shall be mailed to the applicant, the Park Owner, and all affected Homeowners. The Hearing Officer’s recommendation shall be presented to the City Council within 30 days following mailing of the Hearing Officer’s findings and recommendations except as otherwise provided in subsection H of this section.decision shall become final as to the City upon mailing, with proofs of service, to all parties of the final decision on the merits of the application. Judicial review of the Hearing Officer’s decision may be had pursuant to Code of Civil Procedure section 1094.5.
8 H. 1. Any deadline set by this section may be extended without the written consent of the applicant or Park Owner if the need for the extension is caused by the conduct of the applicant or the Park Owner.
2. If the Hearing Officer cannot submit his or her findings of fact, conclusions of law, and decision and recommendations to the City Council when this chapter otherwise requires, including any extensions of time the applicant consents to, and that inability is not due to the conduct of the applicant or the Park Owner, or some cause beyond the Hearing Officer’s control, such as, but not limited to, fire, earthquake or flood, the Hearing Officer shall, when he or she submits findings and recommendations, recommend include in the decision a temporary additional rent increase to compensate the applicant for the delay after the date an increase would have been granted under the timeline otherwise required by this Chapter.
Section 11.02.050 Time Limitation for Increase Due to Capital Improvement A. A Park owner may request a Capital Improvement Rent Increase upon a form prescribed by the City Manager andwhich shall be submitted to the Department. It shall be accompanied by a fee to be established by resolution of the City Council. Capital Improvement rent increases require approval from a Hearing Oofficer after a hearing noticed as provided in section 11.02.040. The Hearing Officer’s decision shall be final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5.
B. An Park owner may, but need not, seek preliminary approval of a Capital Improvement Rent Increase before making the improvement provided the Hearing Officer determines that the Park owner has provided sufficient information about the scope of work and its estimated cost to allow the Hearing Officer to implement this section. Such a preliminary approval will not bind the City to approve the preliminarily approved rent increase after the improvement is completed, but a Hearing Officer’s decision to deny such an increase shall be supported by substantial record evidence demonstrating that the capital improvement constructed differs materially in scope or cost from that presented in the preliminary application. Such a request shall be otherwise subject to the provisions of this section for Capital Improvement rent increases.
A.C. The Hearing Officer may recommend and/or City Council may provide that an increase in rent, or a portion of an increase in rent, be limited to the time necessary to allow the Park Owner to reasonably amortize the cost of a capital improvement, including interest and any necessary costs, excluding attorneys’ fees. Such increases shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement and shall be listed separately from base rent on a monthly rent statement, invoice, or bill provided to Homeowners. When calculating other rent increases, any capital improvement rent increase shall not be included in the existing rent.
9 B.D. If the cost of a capital improvement for which an increase was granted under this subsection is later recovered by the Park Owner from a third party before the expiration of the amortization period approved by the City CouncilHearing Officer, the Park Owner, any affected Homeowner, or the Director of the Department or his or her designee, may apply to the Department to terminate the capital improvement rent increase. The capital improvement rent increase shall be suspended pending determination of the application and, if the application is denied, the amortization period during which the increase may be collected shall be extended as necessary to allow the full amortization period the City CouncilHearing Officer originally allowed.
C.E. Upon receipt of an application to terminate a capital improvement rent increase, and upon satisfactory proof of recovery of the cost of the improvement, such as, but not limited to, a court judgment or insurer’s acknowledgment of coverage, the Director of the Department shall notify the Park Owner and affected Homeowners of the application. The capital improvement rent increase shall be terminated within 15 days of the notice unless within 10 days of the notice the Park Owner protests the termination on the ground that he or she has not in fact recovered the cost of the improvement. If satisfactory proof of recovery of the cost of the improvement is submitted with the application, the Department shall give notice of that determination to the applicant, the affected Homeowners, and the Park Owner and the Director’s approval shall become final within 15 days of the notice unless the applicant or an affected Homeowner protests within that time. If an affected Homeowner or the Park Owner protests, the Department shall notify the affected Homeowners and Park Owner that a Hearing Officer will hear the protest on a date not later than 30 days after the protest was filed.
The notice shall be mailed no later than 15 days prior to the hearing and the Hearing Officer shall make written recommendationsmake a final decision final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5, within 45 days after the protest was filed. Those recommendations will be submitted to the City Council for consideration not later than 30 days following receipt of the Hearing Officer’s recommendations. The Council will have 15 days following submission to decide the matter. Any deadline under this section may be extended pursuant to subdivision H of section 11.02.040 of this chapter.
Section 11.02.060 Maximum Allowable Rent (“MAR”)
A. The maximum allowable rent (“MAR”) for any Mobile Home Space is the rent the City last approved pursuant to this chapter or as otherwise specified in this section.
B. Any Mobile Home Park which has not sought approval of a rent increase from the City by July 31, 2026 shall register, on a form provided by the Department, the rent for each space in the park on that date, and the amenities and services provided to the Homeowners in the Park on that date by September 8, 2026. The rent so registered for each space shall become the MAR (Maximum Allowable Rent) for that space unless that rent is challenged by a Homeowner within 30 days after notice is sent by the Department to each Homeowner showing the rent registered for each space.
C. The challenge must be supported evidence that the rent registered is not, in fact, the recent 10 lawfully charged on the date specified in section 11.02.020 of this chapter or otherwise exceeds the rent permitted by this chapter and other law.
D. Any challenge shall be submitted in writing to the Department. Upon receipt of the challenge, the Department shall notify the Park Owner that he or she has 30 days in which to provide any information relevant to determining the challenge.
E. The Department shall set a public hearing before a Hearing Officer to determine the MAR for each space for which a challenge has been filed no later than 30 days after the expiration of the Park Owner’s time to respond to a challenge. The department shall mail notice of the time, date, and place of hearing to the Park Owner and affected Homeowners at least 15 days before the public hearing and no written or documentary evidence may be submitted later than 10 days before the hearing unless the Hearing Officer finds that good cause is shown (i) why this evidence could not, with reasonable diligence, have been filed with the Department 10 days before the hearing and (ii) that the material was filed with the Department as soon as possible.
F. The hearing shall be held according to the provisions of this chapter governing hearings on rent increase applications. The Hearing Officer shall set forth in writing his or her findings and the MAR for the spaces for which a challenge was filed within 15 days after the date on which the public hearing is opened. No fee shall be charged for registering rents or for filing a challenge under this section. Any deadline under this section may be extended pursuant to subdivision H of section 11.02.040 of this chapter. The Hearing Officer’s decision shall be final as to the City but subject to judicial review under Code of Civil Procedure section 1094.5.
Section 11.02.070 Tenancies Not Governed by the Mobile home Residency Law A. A Resident Homeowner whose tenancy is not regulated by the Mobile Home Residency Law (Civil Code Sections 798 et seq.) shall not be charged a fee for anything other than rent or utilities except for reasonable charges for incidental services actually rendered.
B. A tenancy which is not subject to the Mobile Home Residency Law (Civil Code Sections 798 et seq.) shall not be terminated nor shall its renewal be refused, except for one or more of these reasons:
1. Failure of the Homeowner to comply with a local ordinance or State law or regulation relating to mobile homes within a reasonable time after the Homeowner receives a notice of noncompliance from an appropriate governmental agency.
2. Conduct by the Homeowner upon the mobile home park premises which constitutes a substantial annoyance to other Homeowners.
3. Failure of the Homeowner to comply with reasonable rule or regulation of the Mobile Home Park. No act or omission of the Homeowner shall 11 constitute such a failure to comply unless the Park Owner has given the Homeowner written notice of the alleged rule or regulation violation and the Homeowner has not adhered to the rule or regulation within seven days.
4. Nonpayment of rent, utility charges, or reasonable charges for incidental services.
5. Condemnation of the Mobile Home Park.
6. Change of use of the Mobile Home Park; provided, that:
a) The Park Owner has satisfied the provisions of Section 798.56 of the California Civil Code, Government Code
Sections 65863.7 and 65863.8 and any applicable ordinance of the City; and
b) The Park Owner gives the Homeowner written notice of the proposed change 12 months or more before the date of the proposed change; and c) The Park Owner gives written notice of the proposed change of use to each Homeowner whose tenancy will commence within 12 months of the proposed change before inception of that tenancy.
C. Notice of termination or refusal to renew must be given in writing as prescribed by Section 1162 of the Code of Civil Procedure at least 60 days before a tenancy is to terminate. That notice shall state the date the tenancy is to terminate, the reason for the termination or refusal to renew, and the specific facts on which the Park Owner relies to terminate the tenancy.
Section 11.02.080 Refusal to Pay Illegal Rent
A. Homeowner may refuse to pay any rent exceeding the maximum allowable rent (“MAR”). That such unpaid rent exceeds the MAR shall be a defense in any action brought to collect such unpaid rent or to recover possession of a Mobile Home Space for nonpayment of rent.
Section 11.02.090 Remedies
A. Any person who demands, accepts, or retains any rent in violation of this chapter shall be liable in a civil action to the person who paid that rent for damages in the sum of three times the amount by which the rent demanded, accepted, or retained exceed the maximum allowable rent together with reasonable attorneys’ fees and costs as determined by the court.
B. Any person violating any provisions of this chapter shall be guilty of a misdemeanor and shall be punishable as provided by chapters 1.08 and 1.09 of this Code. 12 C. Code of Civil Procedure Section 1094.6 applies to decisions of the City under this chapter and no legal challenge to any such decision may be brought unless it is filed within the time permitted by that statute. The City Council’s resolution reflecting such a decision or other City decision shall state that the time within which judicial review must be sought is governed by Code of Civil Procedure Section 1094.6 and a copy of the resolution or decision, including a certificate of mailing, shall be sent to the applicant, and to a representative of the affected Homeowners, if one has been designated, by first class mail.
Section 11.02.100 City Council Review of this Chapter
The City Council shall review this chapter 12 18 months after its adoption, and periodically thereafter, to consider:
a) Whether this chapter continues to be necessary to protect the public health, safety and welfare;
b) Whether its implementation has been adequate; and
c) Whether its should be amended to provide more effective regulations or to avoid unnecessary hardship to Homeowners or Park Owners.
Section 11.02.110 Lease Regulations
No Park Owner may require, directly or indirectly, that any Homeowner or prospective Homeowner sign a lease or rental agreement that exempts the agreement from local rent control or provides for space rent greater than the maximum allowable rent and no Park Owner may deny a tenancy to a prospective purchaser of a mobile home in the park on the ground that the prospective purchaser will not sign such a lease or rental agreement.
Section 11.02.120 Utility Fees – Registration and Posting A. Not less than 90 days before imposing a separate charge for a utility service previously included in rent pursuant to Civil Code Section 798.41, a Park Owner shall file notice with the Department on a form provided by the City, which specifies for each space the current rent, the new charge to be imposed, the duration and expiration date of the charge if it has a limited duration, the rent reduction to be made simultaneously with imposition of the charge, the calculation of the new charge and rent reduction and the new MAR for each space.
B. Not less than 90 days before imposing, increasing, decreasing or eliminating a charge separately billed pursuant to Civil Code Section 798.49, a Park Owner shall file a notice with the Department on a form provided by the City which specifies for each space the current rent, the new charge or charge eliminated or the amount of any increase or decrease in an existing charge, the fee or assessment on which the charge or change is based, the basis for the amount of the charge or any change therein, and the duration and expiration date of the charge if it has a limited duration. 13 C. Within 10 days of executing any rental agreement or lease which is exempt from this chapter pursuant to the Mobile Home Residency Law, Civil Code Sections 798 et seq., a Park Owner shall register that lease with the Department on a form provided by the City, which specifies the beginning and ending date of the lease and the rental rate(s) applicable during its duration, and shall provide the City a copy of the lease.
D. Every Park Owner shall post a copy of this chapter in the park office or manager’s office where it may be viewed by Homeowners and in any clubhouse, recreation building or room, auditorium or assembly room; shall give each Resident Homeowner a copy of this chapter and shall give each prospective Homeowner a copy of this chapter before the prospective Homeowner executes any lease or rental agreement with the Park; and, shall file with the Department within five days of execution of a lease or rental agreement a signed receipt from each new Homeowner acknowledging receipt of a copy of this chapter before execution of any lease or rental agreement.
Section V. CEQA
Adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly).
Section VI. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, this decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares it would have adopted this Ordinance and every section, subsection, sentence, clause, or phrase thereof despite the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unconstitutional, or otherwise unenforceable.
Section VII. Immediate Effectiveness, Publication
This Ordinance shall be in full force and effect immediately on its passage by a four-fifths or greater vote of the City Council. Notice of its adoption shall be given as required by Government Code section 36933.
APPROVED at a regular meeting of the City Council on this 6th day of JanuaryApril, 2026, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
14 ______________________________
Mike Johnson, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
438786.1
RESOLUTION 2026-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
AUTHORIZING FEES FOR RENT STABILIZATION REGULATIONS FOR MOBILE
HOME PARKS PROGRAM, INCLUDING FEES FOR ANNUAL CPI RENT INCREASE
APPLICATIONS, CAPITAL IMPROVEMENT PASS-THROUGH APPLICATIONS, AND
FAIR RETURN RENT INCREASE APPLICATIONS
WHEREAS, the City has adopted Rent Stabilization Regulations for Mobile Home Parks (“RSRMHP”) to prevent excessive or unreasonable space rent increases while ensuring park owners may obtain a fair return; and
WHEREAS, the administration of the RSRMHP requires staff time and third-party hearing expenses to review and process applications for (1) annual CPI rent increases, (2) capital improvement pass-throughs, and (3) fair return rent increases; and WHEREAS, California Government Code sections 66014 and 66016 authorize cities to adopt regulatory and processing fees that do not exceed the estimated reasonable cost of providing the service, after public notice, data availability, and a public meeting; and require that such fees be adopted by ordinance or resolution; and the City has complied with all procedural requirements of Government Code section 66016, including mailing and posting of notice and making cost data available at least ten (10) days prior to the public meeting; and WHEREAS, the City desires to establish a fee schedule for RSRMHP applications to recover the City’s reasonable costs, including staff review, noticing, independent hearing officer time, transcription/record preparation, and overhead allocations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES RESOLVE AS FOLLOWS:
SECTION 1. Findings; Purpose.
The City Council finds the fees adopted by this Resolution are regulatory/processing fees intended solely to recover the City’s estimated reasonable costs to administer the RSRMHP application processes and are not imposed as taxes or for general revenue purposes. The fee amounts are based on comparative benchmarks (including Carson, California) and the City’s cost estimates for staff time, professional services, noticing, and overhead.
SECTION 2. Definitions.
Unless otherwise defined herein, capitalized terms have the meaning given in the RSRMHP and implementing regulations.
SECTION 3. Fee Schedule.
Effective on the date specified in Section 7, the following fees shall apply to RSRMHP applications:
A. Annual CPI Rent Increase Applications (administrative staff review):
438786.1
1. Base Application Fee: inclusive of intake/review/notice):
• $594 plus $10 per space subject to the application.
B. Capital Improvement Pass-Through Applications (hearing required):
1. Application Deposit: $9,217 plus $10.00 per space in the park.
2. Cost-Recovery/Reconciliation: Actual City costs (staff, hearing officer, noticing, transcript, independent review) shall be charged against the deposit; any shortfall is billed to the applicant and any surplus refunded at closeout.
C. Fair Return Rent Increase Applications (hearing required):
1. Application Deposit: $12,311 deposit plus $10 per space
2. Cost-Recovery/Reconciliation: Actual City costs shall be charged against the deposit; shortfalls billed, surpluses refunded.
D. Third-Party/Direct Costs.
In addition to the fees/deposits above, the applicant shall reimburse the City for direct third-party costs reasonably incurred to process the application (e.g., translation/interpretation, special noticing, outside financial/engineering consultants, hearing officer if separately retained). These costs may be drawn from deposits.
E. Annual Indexing.
The City Manager (or designee) may annually adjust the flat-fee and per-space amounts by up to the change in the Consumer Price Index used in the RSRMHP, rounded to the nearest dollar, and shall publish a schedule each year. Any larger changes require Council action.
F. Fee Waivers/Reductions.
The City Manager (or designee) may approve a partial fee waiver for demonstrated City error or duplicative filings if the fact of an earlier review of a duplicative filing reduces the burden to renew a later filing. No waivers shall reduce fees below the City’s recoverable costs.
SECTION 4. Cost Data; Compliance with Government Code § 66016.
The City has made available at least ten (10) days before adoption the data indicating the amount of cost, or estimated cost, required to provide the services for which the fees are levied and the anticipated revenue sources. The fees do not exceed the estimated reasonable cost of providing such services. Any revenues in excess of actual cost shall be used to reduce the fees in subsequent periods. (Gov. Code § 66016.) As fee deposits will be refunded if unused, this is unlikely.
SECTION 5. Fee Payment; Refunds; Non-Payment.
A. Fees and/or required deposits are due at filing.
B. If an application is withdrawn before hearing, the City will close the account and refund any unused deposit balance after deducting actual costs incurred to date. 438786.1
C. Failure to pay required deposits or reimburse shortfalls within the time specified by the City may result in an application being deemed incomplete or abandoned.
SECTION 6. Relationship to RSRMHP; Conflicts.
These fees supplement the RSRMHP and implementing regulations. In the event of conflict, the RSRMHP controls. Nothing in this Resolution alters any substantive rights of any tenant or owner under the RSRMHP.
SECTION 7. Effective Date.
This Resolution shall take effect immediately upon adoption. Fees herein apply to applications filed on or after __________, 2026.
SECTION 8. Severability.
If any portion of this Resolution is held invalid, the remainder shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED this ___ day of __________, 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Mike Johnson, Mayor
ATTEST:
__________________________________
Siana L. Emmons, City Clerk
City of Fortuna
Fees for Rent Stabilization Regulations for Mobile Home Parks Annual CPI Rent Increase Application
Senior Planner
Community Development
Director/City Engineer
Per Space Fee
Capital Improvement Pass-Through Application
Senior Planner
Community Development
Director/City Engineer
Hearing Officer
Per Space Fee
Fair Return Increase Application
Senior Planner
Community Development
Director/City Engineer
Hearing Officer
Per Space Fee
*Estimated hours based on information from Carson, CA and County of Humboldt Proposed Fee
Estimated
Hours Rate
5 $ 69.83 $ 349.15
2 $122.10 $244.20
$593.35 $594
$10 Plus $10 per space
16 $ 69.83 $ 1,117.28
9 $122.10 $ 1,098.90
20 $350 $ 7,000.00
$ 9,216.18 Actual cost ($9,217 deposit)
$10 Plus $10 per space
30 $ 69.83 $ 2,094.90
12 $122.10 $ 1,465.20
25 350 $ 8,750.00
$ 12,310.10 Actual Cost ($12,311 deposit)
$10 Plus $10 per space
Calculation
From: Abe Stevens
To: Amy Nilsen
Subject: Comments on Mobile Home Ordinance
Date: Tuesday, January 6, 2026 2:06:26 PM
You were right, and I was referencing the wrong rent ordinance document yesterday. I used google to search on what I thought was the correct PDF, instead of the correct version you actually sent. Here is my own feedback:
It doesn't seem fair to expect the park owner to pay a fee and assume the burden of applying every year to request the CPI Rent Increase. I think that increase should be automatically approved and published each year. The goal is to limit excessive rent increases, but modest increases to keep up with inflation should be a given.
I think there should be a provision allowing the city to add an administrative fee to the rent, so the city can recoup at least some or all of the expense of managing this process. Park residents have already suggested such a fee, and it doesn't seem fair for the other residents of the city to subsidize a process for the benefit of park residents.
There should be an option for the park owner to increase the maximum rent amount when a home is sold and there is a transfer of ownership. I think they should be able to raise the rent to whatever they feel is the market rate price. Protecting owner-occupants from large increases is one thing, but artificially suppressing prices indefinitely is another.
From: Hilary Mosher
To: Amy Nilsen
Subject: public comment re: Mobilehome Rent Stabilization draft Date: Saturday, January 17, 2026 1:30:49 PM
Comments on City of Fortuna Rent Stabilization Ordinance By Hilary Mosher, GSMOL Regional Manager
1. The draft RSO does not include any protections from excessive lot rent increases at sale or transfer of a home. This means that the park owner can increase the rent as high as they want, thereby sabotaging all RSO protections in the long run.
1A: Request: include an increase limit of no more than 3% upon sale or transfer of home
2. The draft RSO allows for a “Hearing Officer” to be appointed by the City Manager in the event a park owner files a Fair Return Petition.
This is non-specific in terms of the qualification requirements for a Hearing Officer. Also, the proposal includes no limits on how often a park owner can file a Fair Return petition, which means residents could be under constant barrage and threat of rent increases while petitions are pending. Also, the regulation does not include any mention of fees for the filing. This means that the cost of the petition would have to come out of the already overburdened Fortuna General Fund.
2A: Request: The RSO should require the City Manager to submit all completed Fair Return petitions to the California Office of Administrative Hearings. This office, established for this purpose by state taxes, provides hearing officers that are trained sworn officers of the court experienced in judiciary proceedings with no local biases. Park owners shall be allowed only one Fair Return Petition per park, per 12-month period. If they submit a petition and it is deemed incomplete and they fail to complete it within the 45-day limit, they must wait another 12- month period and must forfeit their filing fee. A filing fee should be charged for the petition that is equal to the expense of staff time to process it through evaluation and submission.
3. The draft requires the City Council to vote to approve the Hearing Officer’s final decision. This presumes that the City Council knows as much or more than the hearing officer, and could undermine a competent hearing officer’s decision through local bias. It would also take valuable time away from council members to prepare and hear in public forum.
3A: Request: The Hearing Officer’s (from the California Office of Administrative Hearings) decision should be the final determination in the matter.
4. The draft includes an annual rent increase cap of 100% of the CPI.
This means that if the CPI should happen to be extraordinarily high (as it was in 2022= 8.0%) rent stabilization would be eroded. 4A: Request: The RSO should include an annual cap of no more than
3% or the CPI, whichever is lower.
5. The draft does not allow for any Reduction in Rent for Reduction in Services resident petitions. This means that if park owners should decide to cut back parkwide services (in retaliation for rent stabilization), such as landscaping, clubhouse, street lights or watering, residents have no way of maintaining the value of their homes in a run-down park and resale values will plummet. 5A: Request: The RSO should include a Reduction in Rent for Reduction in Services regulation that would allow residents to file A petition (with the Office of Administrative Hearings) to either get The park owner to bring back the services that were in place before
RSO went into effect, or have their rents lowered according to the
Value of the lost services. Any residents filing such a petition must
Get signatures of at least ⅓ of park residents to proceed, and only
One petition may be filed within a 12-month period. Residents are Responsible to provide substantiation documentation and testimony
To prove the service reduction.
6. The draft does not include any administrative fees to be paid by residents or park owners to offset expenses related to the RSO.
This means that any costs related to the RSO must come out of the already insufficient General Fund.
6A: Request: Park Owners pay a 5% monthly fee per rented lot, and park residents pay $3.00 per month, to be collected by the park owner with the rent and paid to the City.
7. The draft allows for a park owner to submit a Fair Return petition to increase the rents in the event of a Capital Expenditure. This means that a park owner could decide to put in a swimming pool or a second floor on the clubhouse, or expand the park, and pass on the expense to the park residents, greatly eroding rent stabilization and possibly providing new services/amenities that park residents don’t want or need while the park owner exploits their ability to force park residents to pay..
7A: Request: In order for the park owner to institute any “Pass through” rent increases involving a Capital Expenditure, they must secure the written yes votes of 51% of the residents. The process should include open books; residents should be able to see that the expenditures are being made for reasonable amounts, and the rent increase should go away once the capital improvement has been completed.
8. The draft fails to offer protections from non-capital expenditure park owner pass-throughs, for such expenses as infrastructure and general improvement/upkeep expenditures, etc... Tagging on such fees is a back-door method of increasing park resident’s payments and eroding affordability and housing stability.
8A Request: the park owner is prohibited from adding any noncapital expense pass-through fees (for any reason) to the rent, or as part of the billing process. Park up-keep and maintenance is the responsibility of the park owner, as it enhances the value of their property, just as park residents must pay out of pocket for any improvements to their homes, enhancing the resale value. -Hilary Mosher, Regional Manager Golden State Manufactured Home Owner's League
From: Gail Admendares
To: Amy Nilsen
Cc: [email protected]
Subject: Comment to draft RSO
Date: Sunday, January 18, 2026 3:56:30 PM
You don't often get email from [email protected]. Learn why this is important Ms Nielsen
Good evening. My name is Gail, and I’m a homeowner at
Royal Crest.
I’d like to comment on the draft Rent Stabilization
Ordinance. One important issue that’s missing is any
opportunity for park residents to petition the City if park services are reduced or eliminated.
Without a right to petition, park owners could potentially offset the impacts of the RSO by cutting services to save money. That shifts the burden onto residents and
undermines the purpose of rent stabilization.
Including a petition process would provide an important safeguard. It would allow residents to document
diminished services and give the City the ability to
establish a rent reduction that reflects the value of the services that were lost. Any approved reduction could be shared among all residents.
To keep the process fair, the ordinance could limit
petitions to once every twelve months and require
support from at least one-third of park residents before moving forward.
I respectfully urge the City to include this protection so that rent stabilization does not come at the cost of
reduced services or quality of life. Thank you and
appreciate your time.
Sent from Yahoo Mail for iPhone
From: Ann Leverton
To: Amy Nilsen
Subject: Comment to draft RSO
Date: Sunday, January 18, 2026 1:06:24 PM
You don't often get email from [email protected]. Learn why this is important Dear Ms. Nilsen:
I am a homeowner at Royal Crest. I have a comment about the draft RSO. It does not include any opportunity for park residents to petition the City in the event that the park owners reduce services at the park. Without including a right to petition in the RSO, park owners can try to recoup any losses they perceive from the RSO by lowering the level or existence of park services to save money. If park residents are able to file a petition, it would allow residents to prove any diminished services and establish a rent deduction in line with the value of the services that were discontinued. Any rent deduction would be divided amongst all residents. The provisions of the petition would necessarily include that it could be filed once per 12 months and would require signatures of agreement from at least 1/3 of the park residents to proceed.
Thank you for considering this comment.
Sincerely,
Anne Leverton
Yahoo Mail: Search, Organize, Conquer
From: Hilary Mosher
To: Amy Nilsen
Cc: Layne Moon; Ricardo Tallamante
Subject: Final draft City of Fortuna RSO - Google Docs.pdf Date: Monday, January 19, 2026 11:00:18 AM
Attachments: Final draft City of Fortuna RSO - Google Docs.pdf Here is a complete RSO. It has been adapted from Measure V, which has been Humboldt County's RSO for 10 years and has been working well. Please distribute to all council members.
You will see that it contains far more important protections for long term stabilization than the current Fortuna Draft RSO. The additional protections, such as limited rent increase upon sale, are not just frills. They are essential to preserving affordibility. Without them, SOS will have to come back to city council meetings to advocate until they are added.
DRAFT PROPOSED
CITY OF FORTUNA MOBILE HOME RENT STABILIZATION
PURPOSE
(a) It is the purpose of this Ordinance to:
(b) Prevent excessive and unreasonable increases in mobile home park space rents. (c) Prevent exploitation of the shortage of available mobile home park spaces in the County and neighboring areas.
(d) Enable mobile home owners to preserve the equity in their mobile homes. (e) Permit mobile home park owners to receive a fair return. (f) Help preserve affordable mobile home space rents within the City of Fortuna.
Findings
(a) There are at least 2 mobile home parks with a total of approximately 253 spaces located within the incorporated boundaries of the City of Fortuna, comprising five percent (5%) of the housing units in the City. This is higher than the State average of four percent (4%).
(b) The Fortuna General Plan Housing Element provides for the following goals:
H-3.4 Make a maximum effort to promote affordable housing for retired Fortuna residents, particularly those with limited incomes. (senior mobile homes constitute
57.10% of senior housing available in Fortuna)
H-5 Improve and conserve residential neighborhoods
H-6 Strive to reduce the cost of housing
(c) During recent years, rent increases for most lot fees in Fortuna mobile home parks have substantially exceeded the percentage increase in the Consumer Price Index (CPI).
1 (d) As a practical matter, the mobile homes in Fortuna’s mobile home parks are “immobile” homes. A large percentage of the mobile homes were manufactured before 2000. Very few mobile home parks in the area will accept mobile homes that are more than a few years old. The cost of moving and setting up a mobile home in a park is substantial. About half of the mobile homes are “doublewide” structures that consist of two (2) ten- or twelve-foot-wide sections joined together when installed on top of a simple foundation. Mobile homes are rarely moved after they are placed in mobile home parks. When mobile home park residents move they sell their mobile homes “in place” on the rented space.
Special characteristics of mobile home park tenancies generally include the following:
(1) The “historical” investments of the mobile home owner (tenants) in mobile homes in mobile home parks generally exceed those of the landlord park owners. (2) Physical relocation of mobile homes is costly.
(3) Relocation is practically impossible because there are virtually no vacant spaces in mobile home parks.
(4) Park owners generally will not permit older mobile homes to be moved into their parks when they do have vacant spaces for rent.
(5) The supply of mobile home park spaces in California is either frozen or declining.
Mobile home park construction in California virtually ceased by the early 1980’s as alternative land uses became more profitable and land use policies continually tightened restrictions on the construction of new mobile home parks. (6) The investments of mobile home park residents in their mobile homes are “sunk” costs. The benefits of these investments can only be realized by continuing occupancy or by an “in-place” sale of the mobile home.
(e) Court opinions and academic reviews have repeatedly noted the captive nature of mobile home park tenancies. In 2001, the California Supreme Court concluded:
“THE MOBILEHOME OWNER-MOBILEHOME PARK OWNER RELATIONSHIP:
This case concerns the application of a mobilehome rent control ordinance, and some background on the unique situation of the mobilehome owner in his or her relationship to the mobilehome park owner may be useful. ‘The term ‘mobilehome’ is somewhat misleading. Mobile homes are largely immobile as a practical matter, because the cost of moving one is often a significant fraction of the value of the mobile home itself. They are generally placed permanently in parks; once in place, 2 only about 1 in every 100 mobile homes is ever moved. [Citation.] A mobile home owner typically rents a plot of land, called a ‘pad,’ from the owner of a mobile home park. The park owner provides private roads within the park, common facilities such as washing machines or a swimming pool, and often utilities. The mobile home owner often invests in site-specific improvements such as a driveway, steps, walkways, porches, or landscaping. When the mobile homeowner wishes to move, the mobile home is usually sold in place, and the purchaser continues to rent the pad on which the mobile home is located.’ (Yee v. Escondido (1992) 503 U.S. 519, 523, 112 S.Ct. 1522, 118 L.Ed.2d 153.) Thus, unlike the usual tenant, the mobilehome owner generally makes a substantial investment in the home and its appurtenances-- typically a greater investment in his or her space than the mobilehome park owner. [cite omitted] The immobility of the mobilehome, the investment of the mobilehome owner, and restriction on mobilehome spaces, has sometimes led to what has been perceived as an economic imbalance of power in favor of mobilehome park owners.” (Galland v. Clovis, 24 Cal.4th 1003, 1009 (2001)).
The Florida Supreme Court concluded that mobile home owners face an “absence of meaningful choice” when space rents increase: “Where a rent increase by a park owner is a unilateral act, imposed across the board on all tenants and imposed after the initial rental agreement has been entered into, park residents have little choice but to accept the increase. They must accept it or, in many cases, sell their homes or undertake the considerable expense and burden of uprooting and moving. The ‘absence of meaningful choice’ for these residents, who find the rent increased after their mobile homes have become affixed to the land, serves to meet the class action requirement of procedural unconscionability.” Lanca Homeowners, Inc. v. Lantana Cascade of Palm Beach, Ltd., 541 So. 2d 1121, 1124 (Fla.), cert. denied, 493.
(f) In response to the special situation of mobile home park residents, California has adopted landlord-tenant laws which provide special protections for mobile home park tenants. (California Civil Code Section 798.) In addition, approximately ninety (107) jurisdictions in California have adopted some type of rent control of mobile home park spaces. Typically the rent control ordinances tie annual allowable rent increases to at least a large portion of the percentage increase in the Consumer Price Index (CPI)--All Items. Most such ordinances do not permit additional rent increases (vacancy decontrol) or limit rent increases to ten percent (5%) or less when a mobile home is sold “in place”.
Under all ordinances, park owners are entitled to petition for additional rent increases in order to obtain a fair return.
(g) Many of the mobile home owner households have “very low” income. In 2008, the income ceilings for households classified as “very low” income under federal HUD 3 standards (fifty percent of area median income or under) are twenty-two thousand, seven hundred dollars ($22,700.00) for one-person households and twenty-five thousand, nine hundred dollars ($25,900.00) for two-person households. The income ceilings for households classified as “extremely low” income (thirty percent (30%) of area median income or under) are thirteen thousand, six hundred dollars ($13,600.00) for one-person households and fifteen thousand, five hundred dollars ($15,500.00) for two-person households. According to demographic, housing and economic data compiled by the Federal Reserve Bank of San Francisco in 2014, sixty-two percent (62%) of Humboldt County (including Fortuna) renters spend more than thirty percent (30%) of their income on rent, making them “cost-burdened renters.” Sixteen percent (16%) of Humboldt County residents have a disability, and all but one city within the County had median income below the state average of $61,400.00 as of 2012. (h) Mobile home owners, unlike apartment tenants or residents of other rental units, are in the unique position of having made a substantial investment in a residence which is located on a rented or leased parcel of land. Their investment commonly includes the purchase of the mobile home and the cost of installing the mobile home on its space along related improvements such as a foundation, carports, and integrated landscaping.
Excessive rent increases may drastically reduce or eliminate mobile home owners’ equity in their mobile homes, causing mobile home owners to lose a substantial portion or all of their investments.
(i) The “maintenance of net operating income” (MNOI) standard is a “fairly constructed formula,’ which provides a fair return. (Rainbow Disposal Co. v. Escondido Mobilehome Rent Review Bd., 64 Cal.App.4th 1159 (1998).
(j) Adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2)-the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15060(c)(3)-the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly
Definitions
(a) “Consumer Price Index” means the Consumer Price Index-- All Items for all urban consumers for the San Francisco-Oakland-San Jose area (base year equals 1982-1984) as reported by the Bureau of Labor Statistics of the United States Department of Labor.
(b) “In-place transfer” means the transfer of the ownership of a mobile home with the mobile home remaining on the mobile home lot following the transfer. 4 (c) “Landlord” means a mobile home park owner, mobile home owner, lessor or sub lessor who receives or is entitled to receive rent for the use and occupancy of any rental unit or portion thereof, and the agent, representative or successor of any of the foregoing.
(d) “Mobile/manufactured home” means a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling unit, to be used with or without a foundation system or any habitation such as a trailer, recreational vehicle or “park model” unit occupied as a primary residence for 9 months or more per year.
(e) “Mobile home park” means any area or tract of land where two or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation for permanent, as opposed to transient, occupancy. (f) “Rent” means any consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for or in connection with the use or occupancy, including housing services, of a rental unit or in connection with the assignment of a lease or in connection with subleasing of the rental unit.
“Rent” shall not include:
(1) Utility charges for charges for sub-metered gas and electricity. (2) Charges for water, refuse disposal, sewer service, and/or other services which are either provided and charged to mobile home residents solely on a cost pass-through basis and/or are regulated by state or local law.
(3) Any amount paid for the use and occupancy of a mobile home unit (as opposed to amounts paid for the use and occupancy of a mobile home space). (4) Charges for laundry services.
(5) Storage charges.
(g) “Rent increase” means any rent demanded or paid by a mobile home owner or mobile home tenant in excess of rent paid for the rental unit immediately prior to such demand or payment. Rent increase includes any reduction in the services provided to a mobile home resident or transfer of the cost without a corresponding reduction in the amount demanded or paid as rent.
5 (h) “Rental agreement” means a written agreement between a landlord and a mobile home owner or mobile home tenant for the use and occupancy of a rental unit to the exclusion of others.
(i) “Rental unit” means a mobile home or mobile home lot, located in a mobile home park in the County of Humboldt, which is offered or available for rent. Rental unit includes the land, with or without a mobile home, and appurtenant buildings thereto and all housing services, privileges and facilities supplied in connection with the use or occupancy of the mobile home or mobile home lot.
(j) “Service reduction” means a decrease or diminution in the basic service level provided by the park since January, 2016, including but not limited to services the park owner is required to provide pursuant to:
(1) California Civil Code Sections 1941.1 and 1941.2.
(2) The Mobile Home Residency Law, California Civil Code Section 798 et seq. (3) The Mobile Home Parks Act, California Health and Safety Code Section 18200 et seq.
(4) The landlord’s implied warranty of habitability.
(5) An express or implied agreement between the landlord and the resident Applicability of Ordinance.
This Ordinance shall be applicable to all mobile home park spaces within the incorporated areas of the City of Fortuna.
Exemptions from This Ordinance.
(a) The following exemptions from local rent regulations are provided by state law:
(1) New mobile home park spaces which are exempted pursuant to Civil Code Section 798.45.
(2) Spaces which are not the principal residence of the mobile home owner, which can be exempt pursuant to Civil Code Section 798.21.
6 The purpose of this subsection is to provide information about exemptions based on state law which preempts local law, rather than to provide any basis for an exemption based on this Ordinance.
(b) This Ordinance shall not apply to mobile homes or mobile home parks owned or operated by any governmental agency or any rental unit whose rent is subsidized pursuant to a public program that limits the rent that can be charged for the mobile home.
(c) This Ordinance shall not be applicable to spaces in mobile home parks with less than ten (10) spaces
Permissible Rent Increases.
No rent in excess of rent in effect on December 31, 2026, may be charged unless authorized by one of the following sections of this Ordinance: (Automatic annual increases based on increases in the Consumer Price Index), (Allowable rent following the expiration of an exempt lease), (Allowable rent increases upon in-place transfers of mobile home ownership), (Fair return standard), or (Rent increases for majority resident agreement for new capital improvements)..
Automatic Annual Increases Based Upon Increases in the Consumer Price Index (CPI). (a) Commencing in calendar year 2026, on or after May 1st of each year the rent may be increased over the allowable rent as of May 1st of the prior year by seventy-five percent (75%) of the percentage increase in the CPI last reported as of January 30th in the current year over the CPI last reported as of January 30th in the prior year. The percentage amount of said increase shall be rounded to the nearest one-quarter percent. There shall be a cap of 5% if the percentage increase of the CPI is higher. (b) Notice of Annual Allowable Annual Rent Increase.
(1) The allowable annual rent increase shall be annually calculated by the City Council and posted by February 15th of each year in the City Hall Building, on the City’s website, and posted on a notice board in each mobile home park by the park owner, and shall be mailed by City to each park owner and to the mobile home owner representative in each park.
(2) Notice in Mobile Home Parks. A copy of the City’s notice shall also be posted in a prominent place by each park owner in each mobile home park within three (3) work days after it is received by the park owner.
7 (c) In the event that the CPI decreases, no rent decrease shall be required pursuant to this section. In the event that the CPI decreases by more than two percent (2%) in any year, said decrease shall be subtracted from the following annual increase(s) allowable pursuant to this section.
(d) Increases authorized pursuant to this section may be implemented by the landlord at any future time, subject to the precondition that by January 30th of each year the park owner notify the mobile home owner of each increase allowed pursuant to this section which has not been implemented and notification that the banked increase may be added to the rent at a future date.
(e) Compliance with State Law. Rent increases permitted pursuant to this section shall not be effective and shall not be demanded, accepted, or retained until the landlord has given the notice required by state law.
Allowable Rent Following Expiration of an Exempt Lease
In the event a space was previously exempt under a lease pursuant to California Civil Code Section 798.17, the base space rent, for purposes of calculating the annual adjustment, shall be the rent in effect as of the date of expiration of the lease; provided, that space rents can be verified by information required on, and/or documentation submitted with, the annual registration application.
Allowable Rent Increases Upon 'in Place' Transfer of Mobile Home Ownership (a) Subject to the limitations stated herein, upon the closure of an “in-place” sale, transfer or other conveyance of a mobile home subject to this Ordinance, the park owner may increase the space rent by five (5%) percent. (b) No rent increase may be imposed pursuant to this section when an existing mobile home owner or resident replaces an existing mobile home with another mobile home, occupying the same mobile home space.
(c) No increase may be imposed pursuant to this section where title to the mobile home passes to one or more person(s) who, at the time of the title transfer, (1) was/were also lawful, authorized resident(s) of the mobile home, or (2) were/are parents, siblings, children, nieces, or nephews of the mobile home owner, and the mobile home remains in the same space.
8 (d) No increase may be imposed pursuant to this section if an increase was imposed pursuant to this section within the twenty-four-month (24) period preceding the most recent transaction that would otherwise justify the increase pursuant to this section. (e) Rent increases authorized by this section shall be in addition to any other space rent increases authorized by this Ordinance.
Fair Return Standard
(a) Presumption of Fair Base Year Net Operating Income. It shall be presumed that the net operating income received by the landlord in the base year provided the park owner with a fair return.
(b) Fair Return. A park owner has the right to obtain a net operating income equal to the base year net operating income adjusted by one hundred percent (75%) of the percentage increase in the CPI since the base year. It shall be presumed this standard provides a fair return. The base year CPI shall be the annual average CPI for 2026. The current year CPI shall be the annual average CPI for the calendar year which is used as the current year in the application.
(c) Base Year.
(1) Except as provided in subsection (c)(2) of this section, “base year” means the 2026 calendar year.
(2) In the event that a determination of the allowable rent is made pursuant to this section, if a subsequent petition is filed the base year shall be the year that was considered as the “current year” in the prior petition. (d) Current Year. The current year shall be the calendar year that precedes the year in which the application is filed.
(e) Adjustment of Base Year Net Operating Income. The park owner or the tenants may present evidence to rebut the presumption of fair return based upon the base year net operating income as set forth in subsection A of this section based on at least one of the following findings:
(1) Exceptional Expenses in the Base Year. The park owner’s operating expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The following factors shall be considered in making such a finding:
9 (A) Extraordinary amounts were expended for necessary maintenance and repairs. (B) Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided.
(C) Other expenses were unreasonably high or low notwithstanding the application of prudent business practices.
(2) Exceptional Circumstances in the Base Year. The gross income during the base year was disproportionately low due to exceptional circumstances. In such instances, adjustments may be made in calculating base year gross rental income consistent with the purposes of this Ordinance. The following factors shall be considered in making such a finding:
(A) If the gross income during the base year was lower than it might have been because some residents were charged reduced rent.
(B) If the gross income during the base year was significantly lower than normal because of the destruction of the premises and/or temporary eviction for construction or repairs.
(C) The pattern of rent increases in the years prior to the base year and whether those increases reflected increases in the CPI.
(D) Base period rents were disproportionately low in comparison to the base period rents of other comparable parks in the City.
(E) Other exceptional circumstances.
(f) Calculation of Net Operating Income.
(1) Net Operating Income. Net operating income shall be calculated by subtracting operating expenses from gross rental income.
(2) Gross Rental Income.
(A) Gross rental income shall include the following:
1. Gross rents calculated as gross rental income at one hundred percent (100%) occupancy, adjusted for uncollected rents due to vacancy and bad debts to the extent such vacancies or bad debt are beyond the control of the landlord. Uncollected space rents in excess of three percent (3%) of gross space rent shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income.
10 2. All other income or consideration received or receivable in connection with the use or occupancy of the rental unit, except as provided in subsection (f)(2)(B) of this section. (B) Gross rental income shall not include:
1. Utility charges for charges for sub-metered gas and electricity.
2. Charges for water, refuse disposal, sewer service, and/or other services which are either provided and charged to mobile home residents solely on a cost pass-through basis and/or are regulated by state or local law.
3. Any amount paid for the use and occupancy of a mobile home unit (as opposed to amounts paid for the use and occupancy of a mobile home space).
4. Charges for laundry services.
5. Storage charges.
(3) Operating Expenses.
(A) Operating expenses shall include the following:
1. Reasonable costs of operation and maintenance.
2. Management Expenses. It shall be presumed that management expenses have increased by the percentage increase in rents or the CPI, whichever is greater, between the base year and the current year unless the level of management services has either increased or decreased significantly between the base year and the current year.
3. Utility Costs. Utility costs except utility where the consideration of the income associated with the provision of the utility service is regulated by state law and consideration of the costs associated with the provision of the utility service is preempted by state law.
4. Real Property Taxes. Property taxes are an allowable expense, subject to the limitation that property taxes attributable to an assessment in a year other than the base year or current year shall not be considered in calculating base year and/or current year operating expenses.
5. License and Registration Fees. License and registration fees required by law to the extent these expenses are not otherwise paid or reimbursed by tenants.
6. Landlord-Performed Labor. Landlord-performed labor compensated at reasonable hourly rates.
11 a. No landlord-performed labor shall be included as an operating expense unless the landlord submits documentation showing the date, time, and nature of the work performed.
b. There shall be a maximum allowed under this provision of five (5%) percent of gross income unless the landlord shows greater services were performed for the benefit of the residents.
7. Costs of Capital Replacements. Costs of essential capital replacements plus an interest allowance to cover the amortization of those costs where all of the following conditions are met:
a. The essential capital improvement is made at a direct cost of not less than one hundred dollars ($100.00) per affected rental unit or at a total direct cost of not less than five thousand dollars ($5,000.00), whichever is lower.
b. The costs, less any insurance proceeds or other applicable recovery, are averaged on a per unit basis for each rental unit actually benefited by the improvement. c. The costs are amortized over a period of not less than thirty-six (36) months. d. The costs do not include any additional costs incurred for property damage or deterioration that result from any unreasonable delay in undertaking or completing any repair or improvement.
e. The costs do not include costs incurred to bring the rental unit into compliance with a provision of the Fortuna City Code or state law where the original installation of the improvement was not in compliance with code requirements. f. At the end of the amortization period, the allowable monthly rent is decreased by any amount it was increased because of the application of this provision. g. The amortization period shall be in conformance with a schedule adopted by the City unless it is determined that an alternate period is justified based on the evidence presented in the hearing.
8. Legal Expenses. Attorneys’ fees and costs incurred in connection with successful good faith attempts to recover rents owing, successful good faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the park to the extent such expenses are not recovered from adverse or other parties, subject to the following requirements:
12 a. All expenses related to the Fair Return Petition shall be incurred by the park owner filing the petition and may not be passed through, in any way, to homeowners.. b. At any time after filing a fair rate of return rent application, the designated representative of the residents of the mobile home park may serve an offer in writing to the mobile home park owner who has filed that petition to stipulate a compromise amount for the fair rate of return rent increase requested in the petition. The designated representative shall also file a copy of this written settlement offer with the City in a separately sealed envelope and with a statement on the outside of the envelope stating that it is a written settlement offer pursuant to this subsection. The sealed copy of the written settlement offer that is so filed with the City is not to be opened by the City until it is either accepted by the park owner or, if it is not accepted by the park owner, after a final rent increase award or denial has been made on the park owner’s petition by either the City or by the hearing officer. Upon receiving such offer to compromise, the mobile home park owner has seven (7) days to accept the offer by filing a written acceptance with the County.
d. A mobile home park owner is not entitled to recover a portion of application expenses, fees, or other costs that are incurred following the submission of a prevailing offer and the residents may recover reasonable attorneys’ fees incurred by the residents after the rejection of a “prevailing” offer. The designated mobile home owners’ representative shall be determined to have made a prevailing offer if a settlement offer has been made and that offer has not been accepted by the park owner within seven (7) days after the making of that offer, and the park owner’s rent increase award fails to exceed the amount of that settlement offer.
9. Interest Allowance for Expenses That Are Amortized. An interest allowance shall be allowed on the cost of amortized expenses; the allowance shall be the interest rate on the cost of the amortized expense equal to the “average rate” for thirty (30)-year fixed rate on home mortgages plus two percent (2%). The “average rate” shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey (PMMS) as of the date of the initial submission of the petition. In the event that this rate is no longer published, the index which is most comparable to the PMMS index shall be used. (B) Operating expenses shall not include the following:
1. Mortgage principal or interest payments or other debt service costs.
2. Any penalties, fees or interest assessed or awarded for violation of any provision of this Ordinance or of any other provision of law.
3. Land lease expenses.
13 4. Political contributions and payments to organizations which are substantially devoted to legislative lobbying purposes.
5. Depreciation.
6. Any expenses for which the landlord has been reimbursed by any utility rebate or discount, security deposit, insurance settlement, judgment for damages, settlement or any other method or device.
7. Unreasonable increases in expenses since the base year.
8. Expenses associated with the provision of master-metered gas and electricity services.
9. Expenses which are attributable to unreasonable delays in performing necessary maintenance or repair work or the failure to complete necessary replacements (e.g., a roof replacement may be a reasonable expense, but if water damage occurred as a result of unreasonable delays in repairing or replacing the roof, it would not be reasonable to pass through the cost of repairing the water damage). (C) Adjustments of Operating Expenses. Base year and/or current operating expenses may be averaged with other expense levels for other years or amortized or adjusted by the CPI, or may otherwise be adjusted in order to establish an expense amount for that item which most reasonably serves the objectives of obtaining a reasonable comparison of base year and current year expenses. Grounds for such adjustments include, but are not limited to:
1. An expense item for a particular year is not representative;
2. The base year expense is not a reasonable projection of average past expenditures for that item in the years immediately preceding or following the base year;
3. The current year expense is not a reasonable projection of expenditures for that item in recent years or of future expenditures for that item;
4. If a particular expense exceeds the normal industry or other comparable standard for the area, the park owner shall bear the burden of proving the reasonableness of the expense. To the extent that it is found that the expense is unreasonable it may be adjusted to reflect the normal industry standard;
5. A base year expense is exceptionally low by industry standards and/or on an inflation adjusted basis is exceptionally low relative to current year expenses although the level or type of service has not changed significantly;
14 6. An increase in maintenance or management expenses is disproportionate to the percentage increase in the CPI, while the level of services has not changed significantly and/or is not justified by special circumstances.
(g) In the event that the period for determining the allowable rent increase pursuant to this section exceeds one hundred twenty (120) days, the park owner may recover increases that would have been permitted if the rent increase decision had been made within one hundred twenty (120) days. The allowance for these increases may be amortized or may be factored into the prospective allowable increase in order to avoid undue hardship on the mobile home owners.
(h) The allowable rent increase per mobile home park space pursuant to this section shall not be increased as a result of the fact that there are exempt spaces in the park. (i) Assurance of a Fair Return. It shall be presumed that the MNOI standard provides a fair return. Nothing in this Ordinance shall preclude the City or the hearing officer from granting an increase that is necessary in order to meet constitutional fair return requirements.
Procedures for Review of Fair Return Petitions
(a) Right to Petition. A park owner (the “applicant”) may petition, at their own expense, for a rent increase in excess of the amount allowed in order to obtain a fair return. The petition shall constitute a ‘fair return application’. No petition for a fair return rent adjustment may be filed pursuant to this Ordinance until thirty (30) days after this Ordinance goes into effect. After 2026, no petition may be filed in November or December of any calendar year except in cases of exceptional or unforeseen circumstances.
(b) Limit on Frequency of Petitions. Only one (1) petition pursuant to this section may be filed for a mobile home park within a twelve (12)-month period. An exception to this limitation shall be authorized in the event of extraordinary circumstances that could not reasonably have been foreseen at the time the prior petition was filed. In the event of a park sale during the period of a pending petition, the petition may not be included in the sale and must be withdrawn. A new petition may not be filed by the new park owner for at least 12 months.
(c) Submission of Petition.
(1) Petition Form Required. Such a petition shall be on a form prescribed by the City and filed with a city office or official which is designated by the City to receive it. 15 (2) Petition Fee. Upon the receipt of a fair return application, the City shall determine if the employment of a certified public accountant or other expert is necessary or appropriate for a proper analysis of the applicant’s petition. Such determination shall be made by City staff assigned for this purpose, or by third party experts retained by the City. If the City so determines, it shall also determine the anticipated cost of employing any such experts. The resulting figure shall be communicated to the applicant. The petition shall not be further processed until the applicant has paid to the City the estimated cost of expert analysis. Any unused portion of the advance payment for expert analysis shall be refunded to the applicant.
(3) Contents of Petition Form. The form may require any information deemed relevant by the County. The form shall include, but not be limited to:
(A) The names and addresses of all mobile home park tenants subject to the rent increase.
(B) A statement of the date the rent increase is proposed to be effective. (C) The rent for each space in the park in the base year, the current year, and the three (3) prior years.
(D) An income and expense statement for the base year, the current year, and the three (3) years prior to the current year. If the applicant is a limited partnership affiliate/subsidiary, they must include all and any related income and expense statement information from their associated entity.
(E) Evidence documenting the income and expenses claimed by the park owner. (F) All other documentation and opinion testimony upon which the park owner is relying to justify the rent increase.
(G) A statement of the petitioner’s theories in support of the rent increase application. (4) Notice of Petition. The park owner and City shall provide notice of a petition by:
(a) Sending a hard copy and electronic .pdf copy of the petition to the tenants’ representative;
(b) Providing the City with hard and electronic copies of the petition; (c) Notifying each tenant household that the petition has been filed on a form provided by the City.
16 (5) Determination That the Petition Is Complete. City staff will determine if a petition pursuant to this section is complete within thirty (30) days after the petition is submitted and all requested fees are paid. A petition will not be deemed complete if the required fees have not been paid. If the petition is incomplete, City staff will inform the petitioner what additional information is required, and the petitioner shall be given 30 days to complete the petition, or the City will disqualify the petition, and another may not be filed for 12 months from the date of the disqualification.
(6) Access to the Petition. The documentation required by this section shall be available for inspection and copying by any person during the normal City business hours. City staff shall make a copy of all submissions by the park owner and the residents in conjunction with a petition, all of which shall be available in the form of an electronic .pdf file.
(7) Cost of Expert Analysis. Upon the receipt of a petition, County staff shall determine if the employment of experts will be necessary or appropriate for a proper analysis of whether the applicant’s petition is complete. If staff so determines, then staff shall also determine the anticipated cost of employing any such experts. The resulting figure shall be communicated to the petitioner. The petition shall not be further processed until the petitioner has paid to the County the estimated cost of expert analysis. Within thirty (30) days after a petition and the required fee, if any, is submitted to the County, staff shall determine if the petition is complete. Any unused portion for payments so collected shall be refunded to the petitioner.
(8) Contents of Expert Analysis. Any analysis pursuant to this subsection shall be in writing and made available to the hearing officer, and shall include a determination of:
(a) Base year and current year rental income;
(b) Base year and current year operating expenses by category; (c) Base year and current year overall operating expenses; (d) Base year and current year net operating income;
(e) The percentage change in net operating income between the base period and the current period;
(f) The percentage change in the CPI between the base period and the current period; (g) The ratio of the percentage change in net operating income to the percentage change in the CPI between the base period and the current period; 17 (h) The rent adjustment required under an MNOI standard pursuant to Ordinance. (9) Submission by Mobile Home Owner Tenants. The mobile home owner tenants may submit a written response to the park owner’s submission within twenty (20) days after the petition is deemed complete.
(d) Review Procedures.
(1) Once a petition is deemed complete, with any expert analysis completed if required, the petition review process shall automatically commence. A decision on any petition for a fair return adjustment shall be rendered within sixty (60) days of the date that the hearing officer has been chosen unless extended as allowed herein. The decision shall be emailed and sent by mail, with proof of mailing to the park owner, the park owner’s designated representative for the petition, and a designated representative of the residents.
(2) Petition review shall be conducted by a hearing officer pursuant to this section. (3) Procedure for Selection of a Hearing Officer.
(A) Hearing officers shall be licensed attorneys of the State Bar of California in good standing, and shall have no financial interest in mobile homes, mobile home spaces or mobile home parks and shall not have represented mobile home park owners or mobile home park residents in rent setting cases or park closing or park conversions or any disputes between park owners and park residents.
(B) A hearing officer shall be selected through the California Office of Administrative Hearings (OAH). In the event that it is not possible or impracticable to obtain a hearing officer through the OAH, the City may elect to contract with any other statewide or regional agency or office that provides arbitration services or may establish a panel in accordance with the following procedure set forth in subsection (d)(3)(C) of this section. (C) In the event that a panel of hearing officers is established, City staff shall make all reasonable efforts to ensure that there are at least three (3) qualified candidates to form a panel of prospective hearing officers. Hearing officers shall be selected on a rotational basis from the panel list. A hearing officer shall disqualify himself or herself from serving as hearing officer in a particular matter where he/she has a conflict of interest within the meaning of the Political Reform Act (Government Code Section 87100 et seq.), and shall otherwise comply with the disqualification provisions of Canon 3.E. of the Code of Judicial Ethics. The parties shall be advised in writing of the selected hearing officer, and advised of their right to disqualify the selected hearing officer. In the event of a disqualification, another hearing officer shall be randomly selected from the panel, and a 18 new notice of hearing sent to the parties. Each party shall have the right to disqualify one hearing officer for a particular matter without cause if there are three (3) or fewer hearing officers on the list and may disqualify up to two (2) hearing officers if there are five (5) or more hearing officers on the list.
(4) Time of and Scheduling of Hearing.
(A) A review hearing on the petition shall commence within forty (40) days of the selection of a hearing officer unless both parties agree to a different schedule. The hearing shall be completed within fifteen (15) days after it is commenced. These time deadlines may be extended if the hearing officer finds that there is good cause to commence and/or complete the hearing at a later date.
(B) The hearing may be scheduled during the normal business hours of the City unless a majority of the residents that are subject to the petition requests that the hearing be scheduled during the evening. The hearing shall be scheduled at a time that it is convenient for the residents’ and park owner’s representatives. (C) The presentations of each party at the hearing and of City staff and experts shall be limited to ninety (90) minutes each unless there is good cause for providing a greater period of time. Each party and the City shall be permitted one hour of cross-examination of expert witnesses.
(5) Notice of Hearing. Written notice of the time, date and place of the hearing shall be given once the hearing officer has been chosen at least thirty (30) days prior to the hearing.
(6) Requests for Additional Information by Opposing Party. (A) Either party or the County may request that additional specific supporting documentation be provided to substantiate the claims made by a party. The request shall be presented in writing to the hearing officer.
(B) The hearing officer may order production of such requested documentation, if the hearing officer determines the information is relevant to the proceedings. (7) Submission of Reports.
(A) Any response by the residents or the park owner to any report or expert analysis prepared by the County must be submitted to the other parties at least ten (10) days prior to the hearing. The submissions shall be in printed and electronic form. 19 (B) Rebuttal reports may be submitted by the park owner, residents, and/or County staff and/or a consultant on behalf of the County and provided to the parties at least five (5) days prior to the hearing.
(C) For good cause, the hearing officer may accept additional information at the hearing.
(8) Conduct of Hearing.
(A) The hearing shall be conducted in accordance with such rules and regulations as may be promulgated by the County and any rules set forth by the hearing officer. (B) The hearing officer shall have the power and authority to require and administer oaths or affirmations where appropriate, and to take and hear evidence concerning any matter pending before the hearing officer.
(C) The rules of evidence generally applicable in the courts shall not be binding in the hearing. Hearsay evidence and any and all other evidence which the hearing officer deems relevant and proper may be admitted and considered. (D) Any party or such party’s representative, designated in writing by the party, may appear at the hearing to offer such documents, oral testimony, written declaration or other evidence as may be relevant to the proceedings.
(E) The hearing officer may grant or order not more than two (2) continuances of the hearing for not more than ten (10) working days each. Additional continuances may be granted only if all parties stipulate in writing or if the hearing officer finds that there is a good cause for the continuance. Such continuances may be granted or ordered at the hearing without further written notice to the parties.
(F) A tape recording of the proceedings shall be made by City staff in a format that is easily made available and is easily usable.
(G) The hearing shall be conducted in a manner that ensures that parties have an opportunity to obtain documents and to obtain information about the theories and facts to be presented by the opposing parties in adequate time in advance of the hearing to enable preparation of a rebuttal.
(9) Required Findings in Decision. Any decision pursuant to this subsection shall include a determination of:
(A) Base year and current year rental income;
20 (B) Base year and current year operating expenses by category; (C) Base year and current year overall operating expenses; (D) Base year and current year net operating income;
(E) The percentage change in net operating income between the base period and the current period;
(F) The percentage change in the CPI between the base period and the current period; (G) The ratio of the percentage change in net operating income to the percentage change in the CPI between the base period and the current period; (H) The rent adjustment required under an MNOI standard pursuant to Section 9101-10 and this section.
(10) Conditions for Allowance or Disallowance of Rent Increase. The allowance or disallowance of any proposed rent increase or portion thereof may be reasonably conditioned in any manner necessary to effectuate the purposes of this Ordinance. (11) Deadline for Decision. An application for a fair return adjustment shall be decided by the hearing officer within sixty (60) days of the date that the filed petition, including the receipt of fees, has been deemed complete, unless the hearing officer determines that there is good cause for an extension of this period or the City extends this period due to the length of time required to accommodate scheduling availability and limitations required to obtain the services of a hearing officer.
(12) Notice of Decision. City staff shall mail copies of the decision to the park owner and all affected mobile home park tenants within three (3) days of the decision. Copies of the decision shall be emailed to the park owner and residents’ representative as soon as possible after the decision is made and in all cases within twenty-four (24) hours after the decision is made.
(13) Preservation of Record. Any findings pursuant to this section shall be reported to the County in an agenda packet and permanently preserved in the City records, so that they are available in the event of a future rent increase application involving the same mobile home park.
(14) Representation of Parties.
(A) The parties in any hearing may be represented at the hearings by a person of the party’s choosing. The representative need not be an attorney. 21 (B) Written designation of representatives shall be filed with the City or the hearing officer.
(C) The written designation of the representative shall include a statement that the representative is authorized to bind the party to any stipulation, decision or other action taken at the administrative hearing.
(15) Modification of Decision in the Event of Mathematical or Clerical Inaccuracies. Any party alleging that the hearing officer’s statement of decision contains mathematic or clerical inaccuracies may so notify the hearing officer and the other party within fifteen (15) calendar days of the mailing of the decision. The hearing officer may make any corrections warranted, and re-file the statement of decision within ten (10) working days after receiving the allegation of the mathematical error. Upon re-filing of the statement, the decision shall be final.
(16) Calculation of Allowable Application Expenses if a Sealed Offer Has Been Submitted. If any sealed settlement offers have been submitted to the City by any parties to the dispute, after the hearing officer determines the allowable rent adjustment pursuant to this section, the hearing officer shall open the sealed offers and make a determination of whether there has been a “prevailing party” and shall announce that determination in the hearing officer’s notice of decision issued pursuant to subsection (d)(12) of this section. Within seven (7) days of receipt of the notice of decision awarding fees, the prevailing party shall submit a written request and accounting of these fees and serve that request simultaneously on all parties by regular and electronic mail. Within seven (7) days of receiving the request by the prevailing party, the opposing party may file an objection to that request. Within seven (7) days of the date that an opposition is submitted or within seven (7) days of the deadline for an opposition, if none is submitted, the hearing officer shall submit a proposed supplemental decision stating the amount of fees included in the award, which shall become final in seven (7) days after the proposed decision, unless either party requests an evidentiary hearing within seven (7) days, in which case a final decision shall be made within seven (7) days after the hearing. If the prevailing party is the mobile home owners’ representative, then the park owner shall file an affidavit with the City, stating that the award of attorneys’ fees has been paid in full and shall not be permitted to implement a rent increase pursuant to this section. For good cause, the hearing officer may modify the procedure set forth in this subsection for determining an award for a prevailing party, excluding rewarding the park owner with legal fees at the expense of park residents.. (e) Overall Period for Review of Fair Return Petition. After a petition is deemed complete, the overall time for conducting a hearing and issuing a final decision by the hearing officer shall not exceed one hundred eighty (180) days, unless the hearing 22 officer determines that there is good cause for extending this deadline or the County extends this period due to the length of time required to accommodate scheduling availability and limitations required to obtain the services of a hearing officer Rent Increases for New Capital Improvements
(a) A park owner may obtain a pass through of a new capital improvement cost under this section. Any capital improvement assessment shall be identified separately and listed on rent statements along with their date of expiration. (b) New Capital Improvements. Improvements that did not previously exist in the park shall be deemed “new capital improvements,” unless the park owner was required by law to make the capital improvements. A park owner may charge each affected mobile home owner as additional rent the pro rata share of new service and capital improvement costs including financing costs subject to the following preconditions:
(1) Prior to initiating the service or incurring the capital improvement cost, the park owner must consult with the mobile home owners regarding the nature and purpose of the improvements and the estimated cost of the improvements. (2) The park owner must obtain the prior written consent to the proposed capital improvement from at least one (1) adult mobile home owner in each of a majority (50% + 1) of the occupied mobile home spaces within the park. Each space shall have only one (1) vote.
Rent Reductions for Service Reductions
(a) “Service reductions” shall mean the elimination or reduction of any service or park facility provided as of December, 2016. “Service” shall also include physical improvements or amenities, the employment of park management/maintenance staff, and regular common area maintenance.
(b) A service reduction complaint shall be submitted to the City alleging in a written form and should state:
(1) The affected spaces;
(2) The prior level of service established by the park owner for that homeowner’s mobile home space and common facilities used by that homeowner; (3) The specific changes in the prior level of services comprising the alleged reduction in service;
23 (4) The date the service reduction was first noticed by the homeowner; (5) The date of notice to the park owner of the alleged service reduction, and if such notice was given, whether the notice was given orally or in writing; (6) When and how the park owner responded to the homeowner' s notice, if notice was given;
(7) Whether the condition was improved or corrected, and if so, when and how; (8) The status of the condition as of the date the complaint is signed; and (9) Where such service reduction was the result of a vote of a majority of the affected homeowners.
(c) Submission of Service Reduction Complaint to Hearing Officer. (1) Thirty (30) days after the service reduction complaint is submitted to the City, if the dispute is not settled, either one-third (1/3) of the tenants in a park or the park owner may request that the dispute be submitted to a hearing officer. (2) If the hearing officer finds that a material service reduction has occurred, the hearing officer shall determine the resultant percentage reduction in the homeowners’ enjoyment of their homes due to the service reduction.
(3) Rent shall be reduced by that percentage or amount. The homeowners also shall be entitled to a rebate of the following sum: the monthly rent reduction multiplied by the number of months between the date the homeowners notified the park owner of the reduction in service, and the date the County determined the rent reduction. (4) A service reduction shall not include the elimination or reduction of a recreational facility or service when such elimination or reduction and rent decrease resulting therefrom have the prior written approval of two-third (2/3) of the homeowners. In such cases no rebate shall be required.
(5) No recreational service or facility which has been reduced or eliminated shall be reinstituted at any cost to the homeowners without prior written approval of two-third (2/3) of the homeowners.
(6) In the event that a service reduction claim is filed while a fair return petition is pending, either the City, the park owner, or the tenants may require consideration of a claim pursuant to this section in conjunction with the fair return claim. 24 (7) In the event that the homeowners do not prevail in their service reduction claim, any legal fee award to the prevailing park owner shall be paid through the City administrative account.
Waivers
(a) Any waiver or purported waiver by a mobile home owner or mobile home tenant of rights granted under this Ordinance shall be void as contrary to public policy. (b) It shall be unlawful for a landlord to require or attempt to require, as a condition of tenancy in a mobile home park, a mobile home owner, mobile home tenant, prospective mobile home owner, or prospective mobile home tenant to waive in a lease or rental agreement or in any other agreement the rights granted to a mobile home owner or mobile home tenant by this Ordinance.
(c) It shall be unlawful for a landlord to deny or threaten to deny tenancy in a mobile home park to any person on account of such person’s refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a mobile home owner or mobile home tenant by this Ordinance Information to Be Supplied by Park Owner to Tenants and Prospective Tenants A copy of this Ordinance shall be posted in the office of every mobile home park and in the recreation building or clubhouse of every mobile home park, by the owner of the park.
Information to Be Provided by County to Public
The City’s web page shall include a copy of this Ordinance, a summary of this Ordinance and other issues related to mobile home park space rentals within the City, and a copy of the California Mobilehome Residency Law (Civil Code 798 et seq Resident Representatives
The residents of each mobile home park in the City shall annually elect by majority vote, with one vote per space, a resident representative to receive all notices required by this Ordinance. The residents shall advise City staff of the name, address and phone number of the elected resident representative in writing no later than January 31st of each year and shall promptly notify City staff of any change of representative. 25 Rights of Prospective Tenants
(a) Any prospective tenant must be offered the option of renting a mobile home space in a manner which will permit the “tenant-to-be” to receive the benefits of the mobile home space rent stabilization program which includes, but is not limited to, rental of a mobile home space on a month-to-month basis. Such a person cannot be denied the option of a tenancy of twelve (12) months or less in duration. (b) The park owner shall provide each prospective tenant with a photocopy of the written notification attached as Appendix A of this Ordinance and will provide each prospective tenant with a copy of this Ordinance.
(c) Any effort to circumvent the requirements of this section shall be unlawful.
Annual Registration and Other Required Notices
(a) No later than February 1st of each year, each park owner shall file an annual registration statement, on a form provided by the City. (b) Contents of Registration Form. The registration statement shall include the name(s), business address(es), and business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home spaces within the park; a rent schedule reflecting the current space rents within the park; a listing of all other charges, including utilities not included in space rent, paid by mobile home owners within the park and the approximate amount of each such charge; the name and address to which all required notices and correspondence may be sent; and other information required by County. (c) Certification of Registration Statements. All registration statements, and any accompanying documentation, shall contain an affidavit or declaration, signed by the park owner or a designated agent, with his/her signature notarized, certifying that the information contained therein is true, correct and complete. (d) Notice of Sale of a Park. Upon the sale or transfer of a mobile home park, the seller or transferor shall notify the City of the sale or transfer and of the name and address of the buyer or transferee. Within ten days of the sale or transfer of a mobile home park, the buyer or transferee shall provide a new registration statement. (e) Notice to Prospective Park Purchasers. The park owner shall provide prospective park purchasers with a copy of this Ordinance and notice that the following would be a prerequisite to filing a rent increase application pursuant to this ordinance:
26 (1) A statement of the base year income, expenses, and net operating income of the park with a breakdown of income and expenses by category. (2) Documents supporting the amounts reported in the income and expense statement.
Retaliation Prohibited
(a) It shall be unlawful for any landlord to evict a mobile home owner or mobile home tenant where the landlord’s dominant motive in seeking to recover possession of the rental unit is:
(1) Retaliation for the mobile home owner’s or mobile home tenant’s organizing, petitioning government for rent relief, or exercising any right granted under this Ordinance; or
(2) Evasion of the purposes of this Ordinance.
(b) It shall be unlawful for a landlord to retaliate against a mobile home owner or mobile home tenant for the owner’s or tenant’s assertion or exercise of rights under this Ordinance in any manner, including but not limited to:
(1) Threatening to bring or bringing an action to recover possession of a rental unit. (2) Engaging in any form of harassment that causes the owner or tenant to quit the premises.
(3) Decreasing housing services.
(4) Increasing rent.
(5) Imposing or increasing a security deposit or other charge payable by the owner or tenant.
Demands for Excessive Rents.
It shall be unlawful for a park owner to demand, accept, receive, or retain any rent in excess of the amounts authorized by this Ordinance.
Excessive Rent-Civil Penalties
(a) If any person is found to have demanded, accepted, received or retained any payment of rent in excess of the maximum rent allowed by this Ordinance, such person 27 shall be liable to the mobile home owner or mobile home tenant from whom such payment was demanded, accepted, received, or retained for damages as determined by a court of competent jurisdiction.
(b) In the event a mobile home owner or mobile home tenant is the prevailing party in a civil action against a person found to have demanded, accepted, received or retained any payment ofrent as described in subsection A of this section, such mobile home owner or mobile home tenant, in addition to damages as determined by the court pursuant to subsection A of this section, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars or three times the damages determined by the court pursuant to subsection A of this section, whichever is greater. For the purposes of this subsection, a mobile home owner or mobile home tenant shall be deemed to be a prevailing party if the judgment is rendered in such mobile home owner’s or mobile home tenant’s favor or if the litigation is dismissed in such mobile home owner’s or mobile home tenant’s favor prior to final judgment, unless the parties otherwise agree in the settlement or compromise.
(c) Remedies provided by this section are in addition to any other legal or equitable remedies and are not intended to be exclusive.
Rules and Guidelines
The City may adopt rules and procedures to implement the applications, notices, registration, verification and certification required by this Ordinance, and for the review of rent increase applications and the conduct of hearings. Such rules and guidelines shall be submitted to the City for review and approval.
Compelling Compliance
The City may institute a civil action to compel compliance with this Ordinance.
Fees of Administration
(a) Definition. “Administrative service fee” or “fee” means a reasonable charge upon persons occupying a space within a mobile home park for the privilege granted by this Ordinance of receiving the specific rent stabilization benefits conferred by this Ordinance.
(b) Collection. The administrative service fee shall be paid to the City from every occupied mobile home space, except exempt spaces which shall be excluded from paying the fee.
28 (c) Purpose and Limitation on Use. The purpose of the fee is to reimburse, in whole or in part, the County for the reasonable costs of conferring the benefits and privileges provided by this Ordinance to the benefit of the mobile home owners who are collectively paying the fee. These costs may include, but not be limited to, the costs of administering and enforcing the rent stabilization provisions of this Ordinance; defending those provisions and their administrative enforcement from litigation challenging them; defending the administrative decisions of the County that would result in the preservation of the mobile home spaces receiving the benefits of this Ordinance as rental spaces that are qualified, under state law, to continue to receive the benefits of this Ordinance from their conversion to subdivided lots or other uses that would result in their loss of the rent stabilization benefits and privileges conferred by this Ordinance from litigation challenging them and providing grants to mobile home park homeowners’ associations, or legal service providers, to partly cover the costs of providing the legal services necessary for enforcing their rights in administrative proceedings under this Ordinance. All moneys collected by the City through this administrative fee shall be set aside and used by the City only for the purposes set forth in this subsection and shall not exceed the reasonable costs of conferring the benefits and privileges provided by this Ordinance to the persons collectively paying the fee, including providing the City with a reserve for covering such future costs, compensating the City for the expenditure of such prior costs and covering the payment of any loans that the City has or may incur to help pay for the costs of providing the benefits and privileges of this Ordinance, including loans to help pay the City’s costs of defending against litigation that is covered under this subsection.
(d) The amount of administrative fees and requirements for submission of the fees shall be reasonable, shall not exceed a total of five dollars ($5.00) per space per month, and shall be set by resolution of the Board of Supervisors in compliance with the specific purpose and limits of this section. Monthly fees applicable to mobile home park spaces covered by this Ordinance shall be collected by each park owner and submitted to the County on a quarterly basis, within thirty (30) days after the end of each quarter. The payments shall be accompanied by reporting as required on a form provided by County staff.
Appeal.
City determinations pursuant to this Ordinance, including but not limited to fair return determinations, shall be subject to review pursuant to California Code of Civil Procedure Section 1094.5 as a final administrative determination, within the time constraints established pursuant to Code of Civil Procedure Section 1094.6.
Severability
29 If any section, subsection, sentence or clause of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 30 From: Gail Admendares
To: Amy Nilsen; Ann Leverton; Hilary Mosher
Subject: Comment to draft
Date: Tuesday, January 20, 2026 4:03:52 PM
You don't often get email from [email protected]. Learn why this is important Hello - I would like to change my comment of the Reduction in Rent for Reduction of Services:
Good evening Mayor and Council representatives. My
name is Gail and I am a resident of Royal Crest. The
proposed draft RSO fails to include a Reduction in
Rent for Reduction in Services petition, leaving park
residents vulnerable to retaliation by park owners.
Without this protection, park owners can—and
historically have—attempted to recoup perceived
losses from rent stabilization by cutting services rather than operating in good faith.
This is not a hypothetical concern. When Humboldt
County adopted its RSO, a park owner responded by
firing 90% of the landscaping staff, discontinuing lawn irrigation, halting repairs to aging and broken
amenities, and removing a significant portion of the
clubhouse. Only after residents filed a petition did the services return—before the matter ever reached
judgment—demonstrating the petition’s effectiveness
as a deterrent.
A Reduction in Services petition provides residents
with a clear, lawful mechanism to document
diminished services and calculate a proportional rent
reduction based on the value of those lost services,
divided among all residents. Just as importantly, once
notified of the intent to file, park owners retain the
option to restore services immediately and avoid a
hearing altogether. This balance encourages
compliance, not conflict.
Wherever this provision exists, it has proven to work. It protects residents while incentivizing park owners to
maintain services rather than undermine the intent of
the RSO.
To prevent abuse, this petition process can be limited
to once per 12-month period and require the support of
at least one-third of park residents to proceed. Without this safeguard, the RSO lacks a critical enforcement
mechanism and fails to fully protect residents from
service reductions used as retaliThe proposed draft
RSO fails to include a Reduction in Rent for Reduction
in Services petition, leaving park residents vulnerable to retaliation by park owners. Without this protection, park owners can—and historically have—attempted to
recoup perceived losses from rent stabilization by
cutting services rather than operating in good faith.
This is not a hypothetical concern. When Humboldt
County adopted its RSO, a park owner responded by
firing 90% of the landscaping staff, discontinuing lawn irrigation, halting repairs to aging and broken
amenities, and removing a significant portion of the
clubhouse. Only after residents filed a petition did the services return—before the matter ever reached
judgment—demonstrating the petition’s effectiveness
as a deterrent.
A Reduction in Services petition provides residents
with a clear, lawful mechanism to document
diminished services and calculate a proportional rent
reduction based on the value of those lost services,
divided among all residents. Just as importantly, once
notified of the intent to file, park owners retain the
option to restore services immediately and avoid a
hearing altogether. This balance encourages
compliance, not conflict.
Wherever this provision exists, it has proven to work. It protects residents while incentivizing park owners to
maintain services rather than undermine the intent of
the RSO.
To prevent abuse, this petition process can be limited
to once per 12-month period and require the support of
at least one-third of park residents to proceed. Without this safeguard, the RSO lacks a critical enforcement
mechanism and fails to fully protect residents from
service reductions used as retaliatiation. Thank you for your time and appreciate you hearing us out.
Sent from Yahoo Mail for iPhone
From: Diana Zavala
To: Amy Nilsen; Mike Johnson; Tami Trent; Kyle Conley; Carlos Diaz; Abe Stevens Subject: Draft RSO
Date: Tuesday, January 20, 2026 5:37:55 PM
You don't often get email from [email protected]. Learn why this is important As you are aware the Draft RSO includes an annual rent increase cap of 100 percent of the CPI. This means that if the CPI should be extraordinarily high (as in 2022 - 8 percent) rent stabilization would be eroded.
On behalf of seniors, I respectfully request the Dradr RSO should include an annual cap of no more than 3 percent of of the CPI.
Diana Zavala
From: Lynn Bates
To: Amy Nilsen
Subject: Please Read- Rent Control Ordinance- Pass through Expenses Date: Tuesday, January 20, 2026 12:04:02 PM
You don't often get email from [email protected]. Learn why this is important Dear Council member,
My name is Lynn and I live at Royal Crest. I have been a resident here for 10 years now. I am very grateful that the council is looking into a rent control ordinance for the seniors in this park.
The issue that I have most concern about with the proposed draft that you submitted is pass through expenses.
In regard to capital expenditures, as we all know, these would be long-term investments in the park, which increases the value of the asset. For example, rebuilding the clubhouse or putting in a swimming pool. Capital expenditures benefit the park owner by increasing the value of the asset. Without proper oversight, the park owner could choose to upgrade the property and pass these expenses onto us the park residences, thereby increasing their asset while we pay the bills for it.
That is not right.
In regard to deferred maintenance pass through expenses: . The park owner has chosen to defer maintenance and done the minimal amount necessary to keep this park going. To now allow the park owner to choose to do their long deferred maintenance plans and pass these costs onto us, the residences, is again wrong, unfair, and duly burdens us the homeowners while rewarding the park owner for not taking care of the property.
I appreciate your attention to this matter.
One thing that I am unclear about is why the council chose to have their lawyer create this draft without looking to the rent ordinances already established, not only in Humboldt County, but other neighboring areas. It seems remiss to me to have the draft be so open ended and not address these concerns that other areas have realized are important.
Sincerely,
Lynn Bates, Lot # 5.
From: Gail Admendares
To: Amy Nilsen; Ann Leverton; Hilary Mosher
Subject: Re: Comment to draft
Date: Tuesday, January 20, 2026 4:18:12 PM
You don't often get email from [email protected]. Learn why this is important Please accept my apologies - my comments somehow got duplicated. Here is a more simplistic version:
Good evening Mayor and City Council Representatives. The proposed draft RSO fails to include a Reduction in Rent for Reduction in Services petition, leaving park residents vulnerable to retaliation by park owners. Without this protection, park owners can—and historically have— attempted to recoup perceived losses from rent stabilization by cutting services rather than operating in good faith.
This is not a hypothetical concern. When Humboldt County adopted its RSO, a park owner responded by firing 90% of the landscaping staff, discontinuing lawn irrigation, halting repairs to aging and broken amenities, and removing a significant portion of the clubhouse. Only after residents filed a petition did the services return—before the matter ever reachedjudgment— demonstrating the petition’s effectiveness as a deterrent.
A Reduction in Services petition provides residents with a clear, lawful mechanism to document diminished services and calculate a proportional rent reduction based on the value of those lost services, divided among all residents. Just as importantly, once notified of the intent to file, park owners retain the option to restore services immediately and avoid a hearing altogether. This balance encourages compliance, not conflict.
Wherever this provision exists, it has proven to work. It protects residents while incentivizing park owners to maintain services rather than undermine the intent of the RSO.
To prevent abuse, this petition process can be limited to once per 12-month period and require the support of at least one-third of park residents to proceed. Without this safeguard, the RSO lacks a critical enforcement mechanism and fails to fully protect residents from service reductions used as retaliation.
Thank you and appreciate you for your time.
Sent from Yahoo Mail for iPad
On Tuesday, January 20, 2026, 4:01 PM, Gail Admendares <[email protected]> wrote:
Hello - I would like to change my comment of the Reduction in Rent for Reduction of Services:
Good evening Mayor and Council
representatives. My name is Gail and I am a
resident of Royal Crest. The proposed draft
RSO fails to include a Reduction in Rent for
Reduction in Services petition, leaving park
residents vulnerable to retaliation by park
owners. Without this protection, park owners
can—and historically have—attempted to
recoup perceived losses from rent stabilization
by cutting services rather than operating in
good faith.
This is not a hypothetical concern. When
Humboldt County adopted its RSO, a park
owner responded by firing 90% of the
landscaping staff, discontinuing lawn irrigation,
halting repairs to aging and broken amenities,
and removing a significant portion of the
clubhouse. Only after residents filed a petition
did the services return—before the matter ever
reached judgment—demonstrating the
petition’s effectiveness as a deterrent.
A Reduction in Services petition provides
residents with a clear, lawful mechanism to
document diminished services and calculate a
proportional rent reduction based on the value
of those lost services, divided among all
residents. Just as importantly, once notified of
the intent to file, park owners retain the option
to restore services immediately and avoid a
hearing altogether. This balance encourages
compliance, not conflict.
Wherever this provision exists, it has proven to
work. It protects residents while incentivizing
park owners to maintain services rather than
undermine the intent of the RSO.
To prevent abuse, this petition process can be
limited to once per 12-month period and require
the support of at least one-third of park
residents to proceed. Without this safeguard,
the RSO lacks a critical enforcement
mechanism and fails to fully protect residents
from service reductions used as retaliThe
proposed draft RSO fails to include a
Reduction in Rent for Reduction in Services
petition, leaving park residents vulnerable to
retaliation by park owners. Without this
protection, park owners can—and historically
have—attempted to recoup perceived losses
from rent stabilization by cutting services rather
than operating in good faith.
This is not a hypothetical concern. When
Humboldt County adopted its RSO, a park
owner responded by firing 90% of the
landscaping staff, discontinuing lawn irrigation,
halting repairs to aging and broken amenities,
and removing a significant portion of the
clubhouse. Only after residents filed a petition
did the services return—before the matter ever
reached judgment—demonstrating the
petition’s effectiveness as a deterrent.
A Reduction in Services petition provides
residents with a clear, lawful mechanism to
document diminished services and calculate a
proportional rent reduction based on the value
of those lost services, divided among all
residents. Just as importantly, once notified of
the intent to file, park owners retain the option
to restore services immediately and avoid a
hearing altogether. This balance encourages
compliance, not conflict.
Wherever this provision exists, it has proven to
work. It protects residents while incentivizing
park owners to maintain services rather than
undermine the intent of the RSO.
To prevent abuse, this petition process can be
limited to once per 12-month period and require
the support of at least one-third of park
residents to proceed. Without this safeguard,
the RSO lacks a critical enforcement
mechanism and fails to fully protect residents
from service reductions used as
retaliatiation. Thank you for your time and
appreciate you hearing us out.
Sent from Yahoo Mail for iPhone
From: Rb
To: Amy Nilsen
Subject: Fair return petition
Date: Wednesday, January 21, 2026 11:21:50 PM
[You don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
I wish to comment on the Royal Crest problem of rent control. I have seen the way management is starting to pave the way to get around their problem of being fair about increasing our fees by making costly changes that the most of us do not want or need. It should have been written into the proposal not to allow them doing that. They could add fees supposedly to pay their costs that could be carried on forever! That is not fair, they are not telling what is planned for the park or asking what we need.
Most of us are on fixed incomes and will not be able to stay here if the rents keep going up! Already a lot of people have had to leave already!
Ruth Burk
1579 Imperial Way
Forums CA 95540
From: Layne Moon
To: Mike Johnson; Tami Trent; Kyle Conley; Carlos Diaz; Abe Stevens Cc: Amy Nilsen; Hilary Mosher; Ricardo Tallamante
Subject: Request for adjustment to Temporary Rent Increase Moratorium Date: Wednesday, January 21, 2026 3:08:42 PM
Hello City Council,
In order to avoid you being inundated with emails from many of the residents at Royal Crest Mobile Estates, I am sending this request to you so you are informed.
After last night's City Council meeting, many residents came up to us asking what they could do to reinforce the request to have all park owner pass-throughs (capital expenditures) included in the Temporary Rent Increase Moratorium, we told them to send an email in their own words to the City Manager, Amy to express their concerns and make the request.
Some Additional Context: The park at Royal Crest has once again fired the previous manager and has enacted 2 managers for the park; 1) a new hire who will be the main office manager, and 2) an employee from Storz Management, who has been with Storz managing properties for 30+ years and knows the business well. This man will be the maintenance person, as well as the overarching manager for the property - overseeing the office manager.
To remind you, over the 5-years we have now been living here, this is the 8th manager, which is not common to have such a high turnover.
Anyways, these 2 new managers have communicated to various residents here their intent to make changes to the clubhouse, where we suspect they are likely to pass those costs through to the mobile home owners. Hence our request to have this added to the moratorium until the RSO is completed and voted-in.
We hope that you will vote in very soon to have any park owner pass-throughs covered in the moratorium.
thank you - Layne
From: Laura Pelletier
To: Amy Nilsen
Subject: Moratorium
Date: Friday, January 23, 2026 12:35:06 PM
You don't often get email from [email protected]. Learn why this is important Good morning; could you please put a moratorium on any pass through for renovations to be done. They didn't inform amyone in the Mobile Park about making changes to the club house where we all gather for events, and meetings. Thank you for your time, and work in thus matter. Laura P
From: cecelia holland
To: Amy Nilsen
Subject: rent moratiorium
Date: Friday, January 23, 2026 10:21:45 AM
You don't often get email from [email protected]. Learn why this is important Thank you for your work on this. I appreciate your time and effort.
There is a related issue I hope you'll address. The current rent moratorium allows Storz, the park owner, to pass on costs of upgrades on the park to the residents. Please amend the moratorium to keep this from happening until the RSO is passed.
I don't understand Storz' attitude here. If they make Royal Crest unaffordable they'll go bankrupt eventually. They should be working with us, not against us. cecelia holland
7077253196
[email protected]
From: Ann Leverton
To: Amy Nilsen
Subject: RSO and temporary moratorium
Date: Friday, January 23, 2026 6:21:25 PM
You don't often get email from [email protected]. Learn why this is important Dear Ms. Nilsen:
I am a homeowner at Royal Crest. Currently the park owners are remodeling the clubhouse but not for the benefit of the residents. I am requesting that an amendment be made to the Temporary Moratorium on rent increases such that no pass through expenses can be initiated until the Fortuna RSO is adopted.
Thank you,
Anne Leverton
Yahoo Mail: Search, Organize, Conquer
From: Anthony Rodriguez
To: Mike Johnson; Tami Trent; Kyle Conley; Carlos Diaz; Abe Stevens Cc: Amy Nilsen; "Doug Johnson"; "Jeff Hunter"; "Pete Deterding"; [email protected] Subject: RE: City of Fortuna - Proposed Amendments to Draft Rent Control Ordinance - Royal Crest Mobile Estates Date: Monday, January 26, 2026 5:05:21 PM
Attachments: Storz - Royal Crest - Letter to City Council Re Amendments to Proposed Ordinance - January 26 2026.pdf Storz - Royal Crest - Exhibits 1 through 3 to Letter to City Council (Y) - January 14 2026.pdf Mayor Johnson and City Council Members:
Attached please find Royal Crest’s proposed amendments to the “draft” rent control ordinance prepared by City Staff. Please note that my clients are willing to provide essentially the same benefits to the City that they would have provided under an MOU, provided two relatively minor changes are made to the “draft” ordinance.
First, rather than requiring parkowners to apply for rent increases based on capital improvements after their money is spent, Royal Crest asks that parkowners be allowed to apply for such rent increases before their money is spent.
Second, Royal Crest requests that parkowners be allowed a 10% increase in rent when mobilehomes are sold and new tenants move in, which will not only lower the cost of those mobilehomes for those new tenants, it will reduce the likelihood of fair return applications by all four parkowners within the city limits. Royal Crest submits such 10% increases are also consistent with the City’s goals because (1) parkowners have the legal right to make certain those new tenants can afford those rents when they apply for tenancy, and (2) there is no reason to provide a windfall to tenants who are selling their homes and moving out of Fortuna, at the expense of the parkowners and those tenants who remain in Fortuna.
Anthony C. Rodriguez
_____________________________
Law Office of Anthony C. Rodriguez
1425 Leimert Boulevard, Suite 101
Oakland, California 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: [email protected]
IMPORTANT / CONFIDENTIAL
This message from the Law Office of Anthony C. Rodriguez, is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to the Law Office of Anthony C.
Rodriguez and then immediately destroy this message.
From: Anthony Rodriguez <[email protected]>
Sent: Thursday, September 25, 2025 6:59 PM
To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>
Cc: Amy Nilsen <[email protected]>; 'Doug Johnson' <[email protected]>; 'Jeff Hunter' <[email protected]>; 'Pete Deterding' <[email protected]>; [email protected] Subject: RE: City of Fortuna - Objection to Proposed Moratorium on Legally Noticed 2.49% Rent Increase at Royal Crest Mobile Estates - September 29 2025 City Council Meeting - Agenda Item C Mayor Johnson and City Council Members:
Attached please find my client’s opposition to the proposed moratorium on the legally noticed 2.49% rent increase at Royal Crest Mobile Estates, which is on the City Council’s Agenda for September 29, 2025 meeting. Please include my client’s opposition in the record for that meeting.
Thank you,
Anthony C. Rodriguez
_____________________________
Law Office of Anthony C. Rodriguez
1425 Leimert Boulevard, Suite 101
Oakland, California 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: [email protected]
IMPORTANT / CONFIDENTIAL
This message from the Law Office of Anthony C. Rodriguez, is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to the Law Office of Anthony C.
Rodriguez and then immediately destroy this message.
From: Anthony Rodriguez <[email protected]>
Sent: Wednesday, September 24, 2025 3:50 PM
To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>
Cc: Amy Nilsen <[email protected]>; 'Doug Johnson' <[email protected]>; [email protected] Subject: RE: City of Fortuna - Proposed Rent Control Ordinance and MOU - September 15 2025 and September 24 2025 City Council Meetings
Mayor Johnson and City Council Members:
Earlier today I sent you an email and a letter regarding the item you are scheduled to address this evening in closed session. Before learning of that closed session meeting earlier today, I had been preparing a letter for you regarding the proposed ordinance, the proposed moratorium and the proposed MOU, which I had planned to send to you prior to you next regular meeting. However, in view of your meeting tonight, I am sending that letter now, which addresses not only the closed session, but various other issues related to that closed session, including my clients’ honoring the City’s request with respect to its January 1, 2026 inflationary adjustment, as well as my clients’ commitment not to implement another rent increase at the park until at least January 1, 2027. That letter also contains several exhibits rebutting some of the statements made by some of the speakers at your September 15, 2025 meeting, including the 1977 deed for the park, a list showing the ownership shares of the 38 limited partners, and the granting of rental assistance by the parkowner as early as 2019.
If you or City Staff have any questions or comments regarding any of the above, please do not hesitate to contact me.
Thank you,
Anthony C. Rodriguez
_____________________________
Law Office of Anthony C. Rodriguez
1425 Leimert Boulevard, Suite 101
Oakland, California 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: [email protected]
IMPORTANT / CONFIDENTIAL
This message from the Law Office of Anthony C. Rodriguez, is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to the Law Office of Anthony C.
Rodriguez and then immediately destroy this message.
From: Anthony Rodriguez <[email protected]>
Sent: Wednesday, September 24, 2025 2:27 PM
To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>
Cc: Amy Nilsen <[email protected]>; 'Doug Johnson' <[email protected]>; [email protected] Subject: RE: City of Fortuna - Proposed Rent Control Ordinance and MOU - September 24 2025 City Council Agenda - Closed Session Item
Mayor Johnson and City Council Members:
Please see the attached letter regarding my clients’ position with respect to the closed session item on your agenda for this evening. In short, although rent control can and often does lead to litigation, my client has never taken the position that rent control is illegal. What my client has said is that if a long term agreement can be reached regarding rents, it will waive its right to file such litigation throughout the term of that agreement.
Anthony C. Rodriguez
_____________________________
Law Office of Anthony C. Rodriguez
1425 Leimert Boulevard, Suite 101
Oakland, California 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: [email protected]
IMPORTANT / CONFIDENTIAL
This message from the Law Office of Anthony C. Rodriguez, is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to the Law Office of Anthony C.
Rodriguez and then immediately destroy this message.
From: Anthony Rodriguez <[email protected]>
Sent: Friday, September 12, 2025 5:12 PM
To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>
Cc: Amy Nilsen <[email protected]>; 'Doug Johnson' <[email protected]>; [email protected] Subject: RE: City of Fortuna - Proposed Rent Control Ordinance and MOU - September 15 2025 City Council Agenda Item 6a
Mayor Johnson and City Council Members:
Attached please find my clients’ preliminary comments regarding some of the issues raised in the City’s Staff Report with respect to Agenda Item 6a for the City Council’s September 15, 2025 meeting. Please note that the attached letter also contains an important clarification regarding the proposed MOU. More specifically, rather than litigating the issue of the parkowner’s constitutional right to a “fair return” under a rent control ordinance each year, under an MOU parkowners actually “waive” their right to a fair return over the term of the MOU, not only providing certainty for all parties, but allowing all parties to avoid costly and time-consuming litigation.
In addition to reviewing the attached letter, please include it in the record for the September 15, 2025 City Council meeting.
Thank you,
Anthony C. Rodriguez
_____________________________
Law Office of Anthony C. Rodriguez
1425 Leimert Boulevard, Suite 101
Oakland, California 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: [email protected]
IMPORTANT / CONFIDENTIAL
This message from the Law Office of Anthony C. Rodriguez, is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to the Law Office of Anthony C.
Rodriguez and then immediately destroy this message.
From: Anthony Rodriguez <[email protected]>
Sent: Monday, July 21, 2025 2:11 PM
To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>
Cc: '[email protected]' <[email protected]>; [email protected]; 'Doug Johnson' <[email protected]>; [email protected] Subject: RE: City of Fortuna - Parkowner's Opposition to Proposed Rent Control Ordinance - Follow Up - Royal Crest Mobile Estates
Mayor Johnson and City Council Members:
I am writing to follow up my previous letter regarding the proposed rent control ordinance, and to respond to several statements recently made in the press regarding that proposal. Of particular importance, I am writing to object to any suggestion my clients would retaliate against the residents for exercising their First Amendment rights to petition the government. Although my clients object to the proposed ordinance, they wholeheartedly support the right of every person to speak freely regarding any issue, including rent control.
Please note that the attached letter also addresses several other issues, including the status of residents who live primarily or exclusively on social security payments. In addition to the fact that social security payments have increased by 21.6% since January of 2021, my clients have for many years participated in a program that provides rental assistance to low income residents who are struggling to pay their rent. If you would like more information regarding that program, please let me know.
Anthony C. Rodriguez
_____________________________
Law Office of Anthony C. Rodriguez
1425 Leimert Boulevard, Suite 101
Oakland, California 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: [email protected]
IMPORTANT / CONFIDENTIAL
This message from the Law Office of Anthony C. Rodriguez, is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to the Law Office of Anthony C.
Rodriguez and then immediately destroy this message.
From: Anthony Rodriguez <[email protected]>
Sent: Friday, July 18, 2025 1:05 PM
To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>
Cc: '[email protected]' <[email protected]>; 'Doug Johnson' <[email protected]>; [email protected]
Subject: City of Fortuna - Parkowner's Opposition to Proposed Rent Control Ordinance - Royal Crest Mobile Estates
Mayor Johnson and City Council Members:
This office represents the owner of Royal Crest Mobile Estates. Attached please find my client’s preliminary objections to the adoption of a rent control ordinance, which has been proposed by some of the residents at the park. If any of you have any questions or comments regarding the attached letter, or if you would like to discuss the issues raised in that letter, please do not hesitate to contact me.
Thank you,
Anthony C. Rodriguez
_____________________________
Law Office of Anthony C. Rodriguez
1425 Leimert Boulevard, Suite 101
Oakland, California 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: [email protected]
IMPORTANT / CONFIDENTIAL
This message from the Law Office of Anthony C. Rodriguez, is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to the Law Office of Anthony C.
Rodriguez and then immediately destroy this message.
From: [email protected]
To: Amy Nilsen
Subject: Comments on Urgency Ordinance for Rent Stabilization Date: Friday, January 30, 2026 4:48:04 PM
Dear Amy and Fortuna City Council,
The following are my comments on the above topic:
I am a strong proponent for free enterprise:
Free enterprise refers to business activities that are not regulated by the government but are defined by a set of legal rules such as property rights, contracts, and competitive bidding.
The argument for free enterprise is based on the belief that government interference in business and the economy hampers growth.
A free enterprise legal system tends to result in capitalism.
A free enterprise aims to increase freedom, market efficiency, consumer rights, financial security and stability, and economic opportunities.
This ordinance as written creates additional work for city staff including taking and reviewing applications from the mobile home parks, sending notices to affected homeowners three separate times for each application (upon receipt of application, upon deeming application complete, and notification of a hearing).
It creates more red tape and fees for the property owner. Aren’t we trying to keep rents down? It disturbs me that the City will decide what a “fair return” for the park owner is. Since when is that a City decision? Which of the city staff or city council has been a landlord and has the background and experience to determine what is needed for repairs, maintenance, and capital improvements? Who gets to decide what is considered “rent gouging” vs. a “reasonable return on an investment?”
Royal Crest Mobile Home Estates is not the only mobile home park in the city of Fortuna. I am concerned that the at least one of the other property owners does not understand how this will affect his property. Have all other park owners been notified? A meeting with each owner should be conducted.
I know you have received pressure from the residents of Royal Crest as well as an attorney that has inserted herself into the middle of the issue. It seems you are responding to bullying and the threat of a lawsuit from a small group of citizens. There are over 12000 citizens in Fortuna, and 30 – 40 people have shown up and pushed this agenda (.03 %). I’ve seen agencies sued for developing an ordinance that is then challenged legally, but have there been any lawsuits against an agency that does not have rent stabilization? WHEN, and it’s definitely when, not if, the City is sued over this reactionary ordinance, there will finances spent on attorney fees that are intended for the betterment of the entire population that will have to come out of the dwindling reserves in the general fund.
I understand that seniors on limited incomes are experiencing financial hardships. Families and individuals at all levels are having a difficult time financially in this economic climate. The City of Fortuna is not tasked with insuring that citizens can pay their bills. Where is the line drawn between real City business and the private sector?
Have any of you done any research individually?
Have you taken into account any comments from Storz?
How long will it be before people living in apartments and single-family residents are coming before the council saying rents are too high? Then what? Contractors are investing in Fortuna and building apartments currently. If there is an inkling of rent control in the future, I see them discontinuing projects in Fortuna. This will put a screaming halt to getting much needed additional housing units in town.
I also found this interesting:
There is a consensus among economists that rent control reduces the quality and quantity of rental housing units.
Thank you for the opportunity to comment on this important issue. PLEASE think carefully before making a decision in favor of this ordinance.
Respectfully submitted,
Sue Long
Business Owner and former Councilmember
Business Agenda Item 4c