ORDINANCE 2022-756
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA, CALIFORNIA AMENDING CHAPTER 5.40 – FORTUNA BUSINESS IMPROVEMENT DISTRICT – OF THE FORTUNA MUNICIPAL CODE AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Fortuna, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, by way of Ordinance 90-550 adopted on May 21, 1990, the City Council established the Fortuna Business Improvement District (“FBID”) pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code, §§ 36500 et seq.); and WHEREAS, since its inception in 1990, FBID has existed to promote the economic revitalization and physical maintenance of the business districts in order to create jobs, promote tourism, support existing businesses, and attract new businesses; and
WHEREAS, FBID’s activities are funded through a limited assessment upon businesses located and operating within the district and, from time-to-time, from general fund revenues as determined annually by the City Council; and
WHEREAS, by way of this Ordinance, the City Council desires to make limited changes to Chapter 5.40 of the Fortuna Business Improvement District as to make up and qualifications of the advisory committee; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. The City Council finds, pursuant to the California Environment Quality Act (CEQA), Guidelines section 15378, that this Ordinance is not a Project as defined by CEQA.
Furthermore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, adoption of this Ordinance is statutorily exempt from CEQA.
SECTION 3. Fortuna Municipal Code Amendment. Section 5.40.050 – Advisory Committee – of the Fortuna Municipal Code is hereby amended to delete the text shown as strikethrough text below and to add the text in underlined font:
5.40.050 Advisory committee.
A. The authorized number of members of the advisory committee of the district shall be seven unless modified by an amendment of this chapter. The City Council shall appoint the advisory committee and prioritize appointments such that the advisory committee is comprised of the following appointments: The advisory committee shall be represented by the following:
1. Downtown Core Area, one representative;
2. Redwood Village Shopping Center Core Area, one representative;
3. Strongs Creek Plaza Core Area, one representative;
4. City of Fortuna Council Liaison, one representative;
5. Citywide, one representative;
6. Fortuna Chamber of Commerce, one representative;
7. One person nominated by the six representatives identified above.
B. The city council, in making appointments to the advisory committee, shall endeavor to make appointments so that the following categories of businesses are The following types of businesses shall be represented on the advisory committee:
1. Retail, three representatives;
2. Professional and service, two representatives;
3. Manufacturing/wholesale, one representative; and
4. Hospitality, one representative.
C. If a person to represent the above business categories cannot be found, the advisory committee shall nominate a representative from one of the other categories.
D. The advisory committee members shall serve as the members of the Fortuna Business Improvement Corporation.
E. The city council shall approve all nominations.
C. Each member of the advisory committee shall serve a two-year term and may be eligible for re-appointment. The city council may stagger terms of the advisory committee members by resolution.
D. The advisory committee shall make recommendations and report to the city council on the general expenditure of revenues derived from the levy of assessments pursuant to this Chapter, on the classification of businesses, as applicable, and on the method and basis of levying the assessments, among other responsibilities as may be directed by the city council or as required by law.
SECTION 4. Fortuna Municipal Code Amendment. Section 5.40.060 – Allocation of funds – of the Fortuna Municipal Code is hereby amended to delete the text shown as strikethrough text below and to add the text in underlined font below:
5.40.060 Allocation of funds.
A total of 62 percent of the funds raised within each of the three core areas identified in Exhibit A attached to the ordinance codified in this chapter and found on file in the office of the city clerk shall remain in such area. These funds shall be used to promote such area. The advisory committee shall appoint a subcommittee of no less than three persons from each individual core area to determine how the funds are spent within the core area and to promote the purposes of the district within the core area. The advisory committee shall act as the subcommittee until a subcommittee is appointed or in the event of a vacancy causing the number of subcommittee members to be less than three.
The funds raised within the citywide area and the remaining 38 percent of the funds raised within each of the three core areas shall be used to promote the entire community. The advisory committee shall determine how these funds are spent.
SECTION 5. Effective Date. This Ordinance shall become effective on the 31st day after its adoption by the City Council. The Clerk shall cause this Ordinance to be published in the manner required by Government Code section 36933.
SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 6th day of June 2022 by the following vote:
AYES: Council Member Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NAYS: None
ABSENT: Council Member Johnson
ABSTAIN: None
Sue Long, Mayor
ATTEST:
___________________________
Buffy Gray, Deputy City Clerk
SECOND READING CONDUCTED, PASSED, and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 21 day of June 2022 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Sue Long, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk