last three years.
h. A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.
3. Application Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. In the absence of a fee specific to two-unit projects, the applicant shall pay the fee related to site plan review. The fee may be in the form of a deposit for the City’s actual costs incurred. Nothing in this section shall limit the requirements to pay any other City fees, including building permit processing fees.
B — Objective Development Standards
A two-unit project shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other requirements that are not in conflict with Government Code section 65852.21.
C — Grounds for Denial
The Director shall deny an application for a two-unit project if any of the following are true:
1. Development Standards. The two-unit project does not satisfy the requirements of subsection “B” (Objective Development Standards) or subsection “D” ( Standards Specific to Two-Unit Projects) of this section.
2. Lawful Subdivision. The lot was not legally subdivided.
3. Zone. The lot is not zoned for single-family residential uses. If the lot is designated as a Specific Plan area, then it will be considered to be zoned for residential uses under this section if the lot is within a portion of the Specific Plan where a single family residence is a permitted use.
4. Statutory Exemptions. The lot does not satisfy the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Government Code section 66411.7(a)(3)(C).)
5. Inspection.
a. Very High Fire Hazard Severity Zone. For lots within a high fire hazard severity zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with all existing fire and building code standards.
Business Agenda Item 5c
b. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard City requirements for development within an earthquake fault zone.
6. Historic Properties and Districts. The lot is a historic property or within a historic district that is included on the State Historic Resources Inventory or is within a site that is designated by ordinance as a city landmark or as a historic property or within a historic district.
7. Impact on Protected Housing. The two-unit project requires or includes the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
8. Unit Count. The applicant proposes to construct more than two units, to add a unit to a lot that already contains two or more units, to add two or more units to a lot with at least one existing unit, or the lot violates sub-section “2” (No Multifamily Dwellings) of subsection “D” ( Standards Specific to Two-Unit Projects) of this section.
9. Specific Adverse Impacts. If the Director makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. a. A specific adverse impact includes, but is not limited to, the two-unit project would result in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.
b. The City Council may adopt, by resolution or ordinance, guidelines that set forth additional circumstances that create a rebuttable presumption that a Business Agenda Item 5c
project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
10. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code section 65852.21, initiative or referendum, court decision or any circumstance in which section 65852.21 does not obligate the ministerial approval of a two-unit project, or if for any reason the Director is not required to ministerially approve a two-unit project.
D — Standards Specific to Two-Unit Projects
1. Applicability. The following development standards shall apply to two-unit projects approved under this Chapter. This section shall govern in the event of a conflict between this section and any other development standard contained outside of Chapter
17.09. 2. No Multifamily Dwellings. A two-unit project shall not result in the creation of a multifamily dwelling. “Multifamily dwelling” or “multifamily lot” means a property that has two (2) or more permitted attached dwellings on a single lot. Two-unit projects shall only consist of two detached dwellings on a single lot.
3. Dedications/Offsite Improvements. The applicant shall dedicate right-of-way and impose offsite improvements as would be required for any subdivision dividing the property into two lots or as otherwise would be required under any City law, regulation or policy, including but not limited to the dedication of right- of-way for, and/or improvement of, sidewalks, curb, gutter, streets, or stormwater facilities.
4. Unit Size. A unit developed under this Chapter shall be limited as follows:
a. The total floor area of each unit that is developed under this Chapter must be: (1) less than or equal to 800 square feet and (2) more than 500 square feet.
b. A unit that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet in floor area is limited to the lawful floor area and structural footprint at the time of the two-unit project. The unit may not be expanded.
Business Agenda Item 5c
c. A unit that was legally established prior to the two-unit project and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after or as part of the two-unit project.
5. Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
6. Setbacks.
a. Subject to subsections “b” and “c” below, all setbacks must comply with the standard setbacks for its location.
b. Only to the extent necessary to comply with Government Code section 65852.21, no setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. c. A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of up to two units on the lot or that would result in a unit size of less than 800 square feet in floor area, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet in floor area. However, in no event may any unit be constructed without at least providing a four foot setback from the side and rear lot lines.
7. Parking. Subject to Government Code section 65852.21(c)(1)(A)-(B), each new primary dwelling unit must provide at least one off-street parking space per unit. This section does not preclude an applicant from complying with the standard parking requirements of the Development Code.
8. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
9. Utilities. Each dwelling unit on the lot must have its own direct utility connection to the utility service provider.
a. Each dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewatertreatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. This section shall not be interpreted to allow an onsite water treatment system where a Business Agenda Item 5c
sewer connection is available or required.
E — Separate Conveyance
1. Separate Ownership or Conveyance. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
2. Condominiums. Condominium airspace divisions and common interest developments are not permitted within the lot.
3. Fee Interests. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
F — Restriction of Uses
1. Residential-only. No non-residential use is permitted on the lot.
2. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
3. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
G — Deed Restriction
1. Required Provisions. The owner must record a deed restriction with senior priority for the benefit of the City, in a form acceptable to the Director and the City Attorney that provides constructive notice of the restrictions resulting from the two-unit project and does each of the following:
a. Gives notice that the two-unit project was created pursuant to this Chapter. b. Gives notice of any site limitations resulting from the two-unit project, including but not limited to restrictions on off-street parking, the size of units on the parcel and on the ability to obtain a standards modification for the parcel.
c. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.
d. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
Business Agenda Item 5c
e. Expressly prohibits any non-residential use of the lot. f. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
g. Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
h. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.
2. Mortgagee Consent and Subordination.
a. The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.
b. The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.
3. Building Permit. The Director shall not issue a building permit for any two-unit project unless the applicant provides a recorded copy of a deed restriction and applicable subordination agreement that satisfies the provisions set forth in subsections 1 – 2 of this subsection “G”.
Business Agenda Item 5d
STAFF REPORT
City Council Business Agenda Item
DATE: January 18, 2022
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Council Review and Discussion of Commission Applications and Mayor’s Appointment of Seats
STAFF RECOMMENDATION:
Review applications for the Historical Commission. Discuss and consider approving the Mayor’s appointments for 2022.
EXECUTIVE SUMMARY:
Below is the current Historical Commission open seats. A copy of the applications received are attached for review.
Historical Commission:
Three (3) of the five Historical Commissioner seats are vacant as of December 31, 2021 and the City received four applications: Ruth Dekat, Susan O’Hara, Eldon Whitehead, & Pam Zana.
The term of office for Historical Commissioners are three (3) years and if selected, the appointments will expire on December 31, 2024.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review Council questions with staff.
2. Open Public Comment
3. Close Public Comment
4. Mayor recommends Commission appointments to the Council.
5. Motion to approve the Mayor’s appointments. Roll Call vote.
ATTACHMENTS:
Commission Applications:
Ruth Dekat
Susan O’Hara
Eldon Whitehead
Pam Zana
Business Agenda Item 5e
STAFF REPORT
City Council Consent Agenda Item
DATE: January 18, 2022
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Approve Recruitment for a Public Works Director and Eliminate the Deputy Public Work Director Position
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the recruitment to hire a Public Works Director and eliminate the Deputy Public Works Director Position.
EXECUTIVE SUMMARY:
The recent resignation by the Deputy Director of Public Works led to the review of that position and its responsibilities. Staff feels that the City would be better served by removing the City Managers’ responsibility to Public works as its Director and having a full time, dedicated position to serve that department. Due to the demands on the City Manager for other assignments and projects outside of Public Works, there has not been sufficient oversight, staff development and the general participation needed by the department. By eliminating the Deputy Director position and adding the Director position, we expect to be able to provide the oversight and expertise needed in that department. This change would result in a cost increase as summarized in the table below:
Staff expects to bring a comprehensive organizational chart with several proposed changes to the Council at the first meeting of February. This change will be reflected in the updated organizational chart and pay plan at that time. The proposed pay scale for the new Public Works Director Position is shown in the proposed Pay Rate Schedule attached, and will start at $84,329.47 and top out at $102,559.70. It is expected that this pay range will be updated upon approval of any negotiated increases with the City’s unrepresented employees.
Business Agenda Item 5e
FISCAL IMPACT:
The anticipated cost changes for the proposed addition of a Public Works Director and elimination of the Deputy Director of Public Works are shown in the table below:
Proposed Change General Fund
Annual Cost
Impact
Enterprise Funds
Annual Cost
Impact
Eliminate Deputy Director of Public Works Position (30,900) (92,700) Add Public Works Director Position 35,900 107,600
Net Budget Impact 5,000 14,900
The addition of the position will result in an increase to the General Fund in the amount of $5,000 and an increase to the Water and Wastewater Enterprise Funds in the amount of $14,900 combined.
RECOMMENDED ACTION:
1. Receive staff report and review any questions with staff
2. Open Public Comment
3. Close Public Comment
4. Motion to approve City staff proceeding with the recruitment of a Public Works Director and elimination of the Deputy Public Works Director Position. Roll Call vote.
ATTACHMENTS:
Proposed Pay Rate Schedule
FY 2021-22 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) F15 Yr: $ 31,200.00 $ 32,448.00 $ 33,745.92 $ 35,095.76 $ 36,499.59 $ 37,959.57 306 Conference Center Coordinator (1) Hr: 15.0000 15.6000 16.2240 16.8730 17.5479 18.2498 312 Account Clerk II (1)
313 Recreation Program Supervisor (1)
320 Facility Custodian F19 Yr: 33,423.66 34,760.61 36,151.03 37,597.08 39,100.96 40,665.00 Hr: 16.0691 16.7119 17.3804 18.0756 18.7986 19.5505
325 Park Maintenance Worker II (1) F20 Yr: 34,007.66 35,367.96 36,782.68 38,253.99 39,784.15 41,375.51 326 Street Maintenance Worker II (1) Hr: 16.3499 17.0039 17.6840 18.3914 19.1270 19.8921 327 Utility Worker II (1)
334 Records Clerk (2) F22 Yr: 35,197.80 36,605.71 38,069.94 39,592.74 41,176.45 42,823.51 Hr: 16.9221 17.5990 18.3029 19.0350 19.7964 20.5883
335 Recreation/Transit Administrative Supervisor (4) F23 Yr: 35,854.01 37,288.17 38,779.70 40,330.89 41,944.12 43,621.89 338 Administrative Assistant II (1) Hr: 17.2376 17.9271 18.6441 19.3899 20.1655 20.9721 345 Account Clerk III (1) F25 Yr: 37,142.57 38,628.27 40,173.40 41,780.34 43,451.55 45,189.62 Hr: 17.8571 18.5713 19.3142 20.0868 20.8902 21.7258
350 Community Services Officer II (2) F26 Yr: 37,323.47 38,816.41 40,369.06 41,983.83 43,663.18 45,409.71 351 Police Officer Trainee (2) Hr: 17.9440 18.6618 19.4083 20.1846 20.9920 21.8316 352 Park Maintenance Worker III (1) F27 Yr: 37,799.48 39,311.46 40,883.92 42,519.28 44,220.05 45,988.85 353 Street Maintenance Worker III (1) Hr: 18.1729 18.8998 19.6558 20.4420 21.2597 22.1101 354 Utility Worker III (1)
365 Treatment Plant Operator I/OIT (1) F28 Yr: 38,482.67 40,021.98 41,622.86 43,287.77 45,019.28 46,820.06 Hr: 18.5013 19.2414 20.0110 20.8115 21.6439 22.5097
Classification
Adopted By Council at 6-7-21 Meeting (Effective 7-1-21) Updated By Council at 7-19-21 Meeting (Effective 7-19-21) Updated By Council at 12-20-21 Meeting (Effective 1-1-22) Updated By Council at 1-18-22 Meeting (Effective 1-18-22) FY 2021-22 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
367 Administrative Assistant III (2) F29 Yr: 40,143.51 41,749.25 43,419.22 45,155.99 46,962.23 48,840.72 Hr: 19.2998 20.0718 20.8747 21.7097 22.5780 23.4812
370 Treatment Plant Operator II (1) F30 Yr: 40,586.90 42,210.37 43,898.79 45,654.74 47,480.93 49,380.17 Hr: 19.5130 20.2935 21.1052 21.9494 22.8274 23.7405
375 Conference Center Manager (4) F31 Yr: 41,325.84 42,978.87 44,698.02 46,485.94 48,345.38 50,279.20 376 City Carpenter III (1) Hr: 19.8682 20.6630 21.4895 22.3491 23.2430 24.1727 380 Lead Street Maintenance Worker (1) F32 Yr: 42,064.77 43,747.36 45,497.26 47,317.15 49,209.84 51,178.23 381 Lead Utility Worker (1) Hr: 20.2235 21.0324 21.8737 22.7487 23.6586 24.6050 382 Vehicle & Equip Mechanic (1)
383 Treatment Plant Mechanic (1)
384 Lead Park Maintenance Worker (1)
387 Police Dispatcher II (2) F34 Yr: 44,536.45 46,317.90 48,170.62 50,097.45 52,101.34 54,185.40 Hr: 21.4118 22.2683 23.1590 24.0854 25.0488 26.0507
390 Senior Administrative Assistant (1) F35 Yr: 44,401.00 46,177.04 48,024.12 49,945.09 51,942.89 54,020.60 391 Sr Administrative Assistant / Deputy City Clerk (3) Hr: 21.3467 22.2005 23.0886 24.0121 24.9726 25.9715 400 Building Inspector (1) F36 Yr: 45,200.23 47,008.24 48,888.57 50,844.12 52,877.88 54,993.00 Hr: 21.7309 22.6002 23.5042 24.4443 25.4221 26.4390
403 Treatment Plant Operator III/Shift Supervisor (1) F39 Yr: 47,727.10 49,636.18 51,621.63 53,686.49 55,833.95 58,067.31 404 Laboratory Director (1) Hr: 22.9458 23.8636 24.8181 25.8109 26.8433 27.9170 408 Police Officer (2) F40 Yr: 48,170.62 50,097.44 52,101.34 54,185.40 56,352.81 58,606.92 Hr: 23.1590 24.0854 25.0488 26.0507 27.0927 28.1765
431 Senior Account Clerk (3) F43 Yr: 51,324.60 53,377.59 55,512.69 57,733.20 60,042.53 62,444.23 432 Payroll/Benefits Administrator (3) Hr: 24.6753 25.6624 26.6888 27.7564 28.8666 30.0213 Adopted By Council at 6-7-21 Meeting (Effective 7-1-21) Updated By Council at 7-19-21 Meeting (Effective 7-19-21) Updated By Council at 12-20-21 Meeting (Effective 1-1-22) Updated By Council at 1-18-22 Meeting (Effective 1-18-22) FY 2021-22 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
440 Police Sergeant (2) F47 Yr: 56,352.82 58,606.93 60,951.21 63,389.26 65,924.83 68,561.82 Hr: 27.0928 28.1765 29.3035 30.4757 31.6947 32.9625
450 Assistant City Engineer II (4) F50 Yr: 58,330.43 60,663.65 63,090.20 65,613.80 68,238.36 70,967.89 Hr: 28.0435 29.1653 30.3319 31.5451 32.8070 34.1192
458 Building Official (4) F52 Yr: 60,518.05 62,938.77 65,456.32 68,074.58 70,797.56 73,629.46 Hr: 29.0953 30.2591 31.4694 32.7282 34.0373 35.3988
460 General Services Superintendent (4) F54 Yr: 62,793.17 65,304.90 67,917.10 70,633.78 73,459.13 76,397.50 461 Deputy Community Development Director (4) Hr: 30.1891 31.3966 32.6525 33.9586 35.3169 36.7296 462 Utility Superintendent (4)
463 Chief Treatment Plant Operator (4)
464 City Clerk/Human Resource Manager (4)
465 Parks and Recreation Director (4)
470 Deputy Director of Public Works (4) F58 Yr: 67,620.07 70,324.87 73,137.87 76,063.38 79,105.92 82,270.16 Hr: 32.5097 33.8101 35.1625 36.5690 38.0317 39.5530
472 Lieutenant (4) F61 Yr: 71,510.06 74,370.46 77,345.28 80,439.09 83,656.66 87,002.92 Hr: 34.3799 35.7551 37.1853 38.6727 40.2196 41.8284
485 City Engineer (4) F66 Yr: 77,967.34 81,086.04 84,329.48 87,702.66 91,210.76 94,859.19 Hr: 37.4843 38.9837 40.5431 42.1648 43.8514 45.6054
488 Public Works Director (4) F70 Yr: 84,329.47 87,702.65 91,210.76 94,859.19 98,653.55 102,599.70 Hr: 40.5431 42.1648 43.8514 45.6054 47.4296 49.3268
490 Finance Director (5) F72 Yr: 90,411.98 94,028.46 97,789.60 101,701.18 105,769.23 110,000.00 Hr: 43.4673 45.2060 47.0143 48.8948 50.8506 52.8847
495 Police Chief (5) F97 Yr: 110,000.00
Hr: 52.8847
Adopted By Council at 6-7-21 Meeting (Effective 7-1-21) Updated By Council at 7-19-21 Meeting (Effective 7-19-21) Updated By Council at 12-20-21 Meeting (Effective 1-1-22) Updated By Council at 1-18-22 Meeting (Effective 1-18-22) FY 2021-22 Full-time Pay Rate Schedule
City of Fortuna
P / R
Code
499 City Manager (5) F99 Yr: 133,673.40 137,683.60
Hr: 64.2661 66.1941
KEY:
(1) Represented; Fortuna Employees Association (4) Unrepresented; Management Group (2) Represented; Fortuna Police Employees Association (5) Unrepresented; Individual Contract (3) Unrepresented; Confidential Group
Classification
* 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.
Pay Range
Adopted By Council at 6-7-21 Meeting (Effective 7-1-21) Updated By Council at 7-19-21 Meeting (Effective 7-19-21) Updated By Council at 12-20-21 Meeting (Effective 1-1-22) Updated By Council at 1-18-22 Meeting (Effective 1-18-22) City Manager’s Report
STAFF REPORT
City Manager's Report
DATE: January 18, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager
1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, February 7, 2022
6:00 p.m.
Regular City Council Meeting
Teleconference
2. Upcoming Planning Commission Meeting Dates
Tuesday, January 25, 2022
6:00 p.m.
Regular Planning Commission Meeting
Teleconference
3. Upcoming Measure E Meeting Dates
Wednesday, January 19, 2022
5:30 p.m.
Regular Measure E Meeting
Teleconference
4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, February 2, 2022
2:30 p.m.
Regular RCRPD Meeting
Teleconference
5. Verbal Report