Fortuna City Council
August 7, 2023

STAFF REPORT
City Council Business Item
DATE: August 7, 2023
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Authorize the City Manager to Submit a Grant to the Wildlife Conservation Board for the Design and Permitting of Replacement Culverts along Mill Creek and to Designate the City Manager as the Authorized Representative; Resolution 2023-21
STAFF RECOMMENDATION:

Consider adopting Resolution 2023-21 approving the submission of a grant application to the Wildlife Conservation Board for the Mill Creek Habitat Connectivity Project and designate the City Manager as the authorized representative.

EXECUTIVE SUMMARY:

Since the completion of the Jameson Creek Project in 2020, staff have been interested in pursuing further restoration grant funding for various culvert crossings along Mill Creek, the southernmost of the City’s four major creeks in the City. Although one of the smaller creeks, Mill Creek is a surprisingly productive stream for salmonids, and as high up a Weber Street (Campton Heights) adult steelhead, coho, and coastal cutthroat trout have been observed by fish and wildlife officials.

The Weber Street crossing is the uppermost extent that fish have been observed at, as the crossing is a fish passage barrier. Additionally, the crossing is significantly undersized and beyond its design life.

Figure 1. Mill Creek culvert outlet at Weber Street.

Business Item 5c

In 2022, it came to staff’s attention that funding was available for such planning projects through the Wildlife Conservation Board (WCB). The WCB is the agency that partially funded the Jameson Creek project. In response to the funding availability, staff initially began working with our consulting engineer to develop a planning project for the Weber Street culvert crossing, which would include 100% engineering plans, specifications, construction cost estimate, and permitting for the project. When complete, the engineering plans could be used to seek further construction implementation grant funding if/when it became available.

After some initial discussions with the WCB, it became clear that their program was seeking to fund larger projects, beyond the overall scope and scale of the City’s proposed single crossing, and therefore staff elected to include the next three upstream crossings along Mill Creek in the project.

These three additional crossings are located at Rohnerville Road, Mill Street, and Mountain View Road. Each of these crossings poses at least a partial barrier to fish passage, and several of them are also in need to repair or reconfiguration. In early 2023, staff and our consultants finalized a scope of work for the project, which would include all work necessary to develop bid-ready construction plans for each crossing location, and staff submitted the grant application to the WCB.

In May, staff were informed that the project would be recommended to the WCB board for a funding recommendation in August 2023.

The final piece to finish the application is to include in the WCB board packet a Resolution from the City confirming the council’s approval of the project, and designating an authorized representative that is able to execute all applicable grant documentation. To meet this requirement, Resolution 2023-21 has been drafted, and the City Manager has been designated as the authorized representative.

If the resolution is approved, the project will go to the WCB board in August. If approved by the WCB, staff would anticipate working with WCB on developing the grant agreement, and staff are hopeful that reimbursable project activity could begin before the end of the year.

FINANCIAL IMPACT:

If awarded, the grant would provide $976,000 of funding for the completion of field investigations, design, and permitting for the four culvert crossings associated with the Mill Creek Habitat Connectivity Project. In the grant application, staff have committed to providing $10,000 of inkind staff time match, which over the course of the project should be achievable through regular project participation and grant management. No City funds are being proposed or are required to obtain the grant funding.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open public comment

3. Close public comment

4. Motion to adopt Resolution 2023-21 and read by title only. Roll call vote.

ATTACHMENTS:
 Resolution 2023-21; A Resolution of the City Council of the City of Fortuna Approving the Application for Grant Funds from the Wildlife Conservation Board for the Mill Creek Habitat Connectivity Project and Designating the City Manager as the Authorized Representative
Business Item 5d

STAFF REPORT
City Council Business Item
DATE: August 7, 2023
TO: Honorable Mayor and Council Members
FROM: Mat Nyberg, Public Works Project Manager
THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing: Introduction and First Reading of Ordinance 2023-762 Amending Title 15—Buildings and Construction of the Fortuna Municipal Code by Adding Chapter 15.48—Construction and Demolition Debris Diversion (CD3)
STAFF RECOMMENDATION:

Adopt the proposed amendments of Title 15—Buildings and Construction of the Fortuna Municipal Code by Adding Chapter 15.48, which incorporates the Construction and Demolition Debris Diversion Ordinance by adopting Ordinance 2023-762.

DISCUSSION:

The Construction and Demolition Debris Diversion Ordinance (CD3) is a California state regulation, which has become part of the Building Code, and is designed to divert nonhazardous recyclable and/or salvageable construction waste material. Construction and demolition waste can have a significant impact on a jurisdiction’s waste stream, and diverting it from landfills can help achieve and maintain diversion goals established by AB 939, California’s Integrated Waste Management Act (1989) where jurisdictions throughout the state were mandated to realize a 50% reduction in their solid waste flow by 2000. Subsequently in 2011, the California Green Building Standards Code (CALGreen) was enacted with the goal of ensuring that new construction projects would be built in compliance with sustainable construction practices. CALGreen mandates locally permitted new residential and non-residential building construction, grading, demolition and certain addition and alteration projects to recycle and/or salvage for reuse a minimum 65% of the nonhazardous construction and demolition debris generated during the project (CALGreen sections 4.408, 5.408, 301.1.1 and 301.3). Jurisdictions have the latitude to adopt their own ordinances that meet or exceed the requirements of CALGreen standards.

Proposed Ordinance:

The attached ordinance amends section 15.48, Buildings and Construction, of the Fortuna Municipal Code by adopting standards that meet CALGreen sections 4.408, 5.408, 301.1.1 and 301.3. The implementation of the CD3 Ordinance will facilitate the city’s compliance with state mandates to track, divert and report construction waste that can be recycled or salvaged. The Ordinance ensures ongoing compliance with State standards and will automatically incorporate Business Item 5d

any future changes to applicable sections of the CALGreen code. The Ordinance also complies with California’s Short-Lived Climate Pollutant Reduction Strategy (SB 1383) regulations that require jurisdictions to adopt a construction and demolition diversion ordinance or other enforceable mechanism requiring compliance with CALGreen Building Standards Code.

Ordinance Implementation:

The following provides further information on how projects will comply with CD3 requirements and required documentation to be provided during the building permit process. All construction and demolition projects that require a permit shall submit a Waste Management Plan (WMP), and a Final Report. Staff will provide these forms and informational material on the City website and at City Hall to assist residents, property owners and developers with complying with these regulations. The forms and informational items have been included in Attachments 2-5. Qualifying projects will require a security deposit based on size, and an administrative fee to cover the added staff time to process and review the paperwork required on a larger project. Qualifying projects are those over 1,000 square feet or with an implementation cost of $200,000 or more. The deposit for these projects is 1% of the cost or $500, whichever is greater as written in the ordinance, which is modeled after other agencies currently implementing these measures. Staff have concerns that 1% may be too large and are seeking Council input on reducing that value to 0.5% or perhaps even

0.25%.

In order to successfully navigate the permitting process, applicants will be required to complete CD3 documentation. In addition to existing permit application submittals, applicants will need to complete the City’s WMP form with estimates of quantities of debris types and destination identification. Qualifying project applicants will also need to pay a deposit as noted above. When the project is complete, a Final Report Form with actual quantities and documentation from receiving facilities will be required to get a final inspection and recuperate deposits as applicable.

There are some exemptions. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by a public safety official or code compliance officer shall be considered a non-covered/exempt project. Further, if an applicant for a covered project believes that circumstances exist which make it infeasible to comply with the diversion requirement; the applicant may apply for an exemption at the time of the WMP submittal. The City’s Compliance Official shall review the information supplied by the applicant and may grant an exemption or potentially a reduction diversion percentage for the project. Denials will be eligible for an appeal process. The first step in an appeal would be at the staff level (appeal to the City Manager), and the second step would be to the Council. The proposed appeal fees are consistent with others in the budget, and are presented in the fiscal impact section below.

FISCAL IMPACT:

There is no immediate fiscal impact to the City budget as a result of adopting the CD3 ordinance.

As noted above, three additional fees would be added to the fee schedule as a result of this ordinance. The first is an Administrative Fee that is meant to capture the staff time required to process the paperwork and enforce the ordinance for covered projects large enough to also require a deposit. As stated in the ordinance, the proposed fee for a covered project would be equal to three fully-burdened staff time hours of the ‘compliance official’, who in the City’s case would be the building official.

Business Item 5d

The next two fees are the appeal fees, which as noted above are generally consistent with appeal fees the City has for other processes throughout the budget. All proposed fees are shown in the table below.

CONSTRUCTION & DEMOLITION DEBRIS DIVERSION FEES
Administrative $ 175.00
Appeals-Staff Level $ 250.00
Appeals-City Council Level $ 500.00
Staff are seeking Council input on the proposed fees as outlined in the table above and as required in the ordinance. At the second reading, staff intend to bring forth the final recommendation for fees and an amendment to the adopted Fiscal Year 2023-24 fee schedule to bring them into the budget.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review questions with staff

2. Open public comment

3. Close public comment

4. Motion to hold the first reading of Ordinance 2023-762, read by title only and continue the Public Hearing to Monday, August 21, 2023 for the second reading and adoption. Roll Call vote.

ATTACHMENTS:

1. Ordinance 2023-762, An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.48 to Title 15 of the Fortuna Municipal Code—Construction and Demolition Debris Diversion Ordinance (CD3)
a. Exhibit 1 to Ordinance

2. Construction & Demolition Waste Management Plan

3. Construction & Demolition Waste Final Report

4. Construction & Demolition Recycling Guide

5. Volume to Weight Conversion Table
ORDINANCE NO. 2023-762

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 15.48, TO TITLE 15 OF THE FORTUNA MUNICIPAL CODE - CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION (CD3)
WHEREAS, the State of California, through its California Waste Management Act of 1989 (Assembly Bill 939), requires that each local jurisdiction in the state divert 50 percent of discarded materials from landfills; and
WHEREAS, the California Green Building Standards Code (“CalGreen”) requires jurisdictions to divert at least 65% of all construction and demolition debris from construction, demolition, and renovation projects; and
WHEREAS, the City desires to ensure to reduce the amount of debris entering landfills to the greatest extent feasible;
NOW, THEREFORE, the City Council of the City of Fortuna, State of California, does ordain as follows:

SECTION 1. Code Amendment. Chapter 15.48 of the Fortuna Municipal Code is hereby added in its entirety as set forth in Exhibit “1” hereto and incorporated herein.

SECTION 2. The City Council finds that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3, CCR, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance adopts standard codes in effect pursuant to state law and sets requirements for compliance. The adoption of this ordinance does not entitle new development or any changes to the physical environment.

SECTION 3. Severability. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Conflicts. All ordinances and parts of ordinances or resolutions, in conflict herewith, are hereby repealed to the extent of such conflicts and no further.

SECTION 5. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

INTRODUCED AND FIRST READING PERFORMED on the 7th day of August 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:

Tami Trent, Mayor
___________________________
Siana Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the day of _________, 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:

Tami Trent, Mayor
___________________________
Siana Emmons, City Clerk
Exhibit “1”
Chapter 15.48

CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
CD3

15.48.005 Definitions
For the purposes of this chapter, the following definitions shall apply:

A. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits or approvals to undertake construction, demolition or renovation projects within the city.

B. “AB 939” shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

C. “CalGreen” means the California Green Building Standards Code, which is codified as Part 11 of Title 24 of the California Code of Regulations.

D. “Construction” means the building or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

E. “Construction and Demolition Debris” (“C&D debris”) means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, residential or commercial building or other structure.

F. “Conversion factor” means the value set forth in the standardized volume-to-weight conversion table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan (WMP).

G. “Covered project” means projects that shall be subject to the requirements of this Ordinance.

H. “Deconstruction” means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

I. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

J. “Divert” means activities that reduce or eliminate discarded materials from disposal in a landfill, including, reuse, salvage, recycling, and composting.

K. “Diversion Requirement” means diversion from the waste stream of at least 65% (or other percentage as stipulated by CalGreen) of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 15.48.030, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.

L. “Non-covered project” shall have the meaning set forth in Section 15.48.015(B) of this chapter.

M. “Project” means any activity, which requires an application for a building, grading or demolition permit, or any similar permit from the city.

N. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include gasification, pyrolysis, transformation as defined by State Public Resources Code Section 40201, or other processes that use solid waste for conversion to energy.

O. “Renovation” means any change, addition, or modification in an existing structure for which a permit is required.

P. “Reuse” means further or repeated use of construction or demolition debris.

Q. “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

R. “Solid Waste” shall have the same meaning as provided in subdivision “III” of Section

8.14.010 of Chapter 8.14 this Code, and shall exclude recyclables placed in an approved recycling container.

S. “Total costs” means the total construction value of the project using standard commercial and residential valuation formulas.

T. “Waste Management Plan” (“WMP”) means a completed WMP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

The WMP shall identify anticipated C&D debris materials that will be generated for disposal and recycling. The WMP will record actual material weight or volume and disposal and recycling receipts.

U. “WMP compliance official” (“official”) means the city employee(s) designated by the City Manager authorized and responsible for implementing this chapter.

15.48.010 Diversion Requirement
The applicant for a covered project, as defined below, shall divert at least 65% (or such other percentage as stipulated by CalGreen) of construction and demolition debris unless the applicant is granted an infeasibility exemption.

15.48.015 Threshold for Covered Projects.

A. Covered Projects. Each of the following types of projects shall be considered a covered project and shall comply with the requirements of this Chapter:

1. All new construction projects;

2. Non-residential building additions and building alteration projects;

3. Residential additions and alterations that increase a building's footprint, volume, or size;

4. Demolition projects associated with new construction, additions, and alterations covered by subsections (A)(1), (A)(2), and (A)(3) above;

5. Non-residential excavation and grading projects associated with new construction, additions, and alterations projects covered by subsections (A)(1) and (A)(2) above; and,

6. Residential excavation and grading projects associated with new construction, additions, and alterations projects covered subsections (A)(1) and (A)(3) above that require grading permits pursuant to the requirements of this Code
For the purposes of determining whether a project meets the foregoing thresholds for a covered project, all phases of the project and all related projects taking place on a single or adjoining parcel shall be deemed a single project.

B. Non-covered Projects. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by a public safety official or code compliance officer shall be considered a non-covered project. Projects eligible for an exemption as described in the (CalGreen) Mandatory Residential and NonResidential Measures shall be considered “non -covered.” C. Building and Demolition Permits: Compliance with the provisions of this chapter shall be identified as a condition of approval on any building or demolition permit issued for a covered project.

15.48.020 Submission of the Waste Management Plan (WMP).

A. WMP Form. All applicants for covered projects shall complete and submit a WMP in accordance with a City-approved format (paper form or online system) as part of the application requirements for a building, grading or demolition permit. The completed WMP shall include all of the following:

1. Identification of C&D debris material to be generated by the project and be diverted from disposal by recycling, reuse, or salvage;

2. For each type of C&D debris material, declare whether the disposal method will be “Recycle”, “Salvage” or “Landfill”;

3. For each type of C&D debris material which will be diverted, identification of the vendor or facility that will collect or receive the material and identify the approved or certified diversion rate achieved by that vendor or facility.

4. Specify that the amount of construction and demolition waste materials diverted shall be calculated by weight or volume, but not by both.

B. Deconstruction and Material Salvage. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to being transported for disposal to a recycling center, transformation facility, or landfill.

15.48.025 Diversion Security Deposit Required
Each applicant of a covered project involving structures of at least 1,000 square feet or estimated construction costs of at least $200,000 shall submit as part of the WMP a diversion security deposit, in cash or by irrevocable letter of credit, in the amount of one percent (1%) of the total costs for the project or $500, whichever is greater. The deposit shall be returned, without interest, in total or in proportion, upon the WMP compliance official’s determination, in accordance with Section 15.48.040 that the applicant has satisfied, or failed to satisfy, the diversion requirement approved as part of the WMP. For the purposes of this Section, the value of the Project shall be as determined by the City’s Building Official or designee in connection with permit issuance. The square footage and valuation thresholds established by this Section may be adjusted every five (5) years by the City Manager or his/her designee to reflect an increase or decrease in the cost of construction due to inflation or deflation, or other changes in the local construction marketplace.

15.48.030 Diversion Exemption.

A. Application. If an applicant for a covered project believes that circumstances exist which make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP as required by section 15.48.020 of this chapter. The applicant shall state on the WMP form the maximum rate of diversion the applicant believes is feasible for each type of C&D debris material and the specific circumstances why the applicant believes it is infeasible to comply with the diversion requirement.

B. WMP Compliance Official Review. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting the Exemption. If the WMP compliance official determines that it is infeasible for the applicant to meet the diversion requirement, the official shall put the reasons for this determination in writing based on the criteria contained in subsection “E” below. The WMP compliance official shall determine the maximum feasible diversion rate for each C&D debris material and shall indicate this rate on the WMP application submitted by the applicant. The official shall then determine the diversion rate which will be applicable for the project. The official shall return a copy of the WMP application to the applicant marked “Approved for Infeasibility Exemption” and shall notify the building department that the WMP has been approved provided that the applicant has posted the required diversion security deposit.

D. Denial of Exemption. If the WMP compliance official determines that it is possible for the applicant to meet the 65 percent (or other percentage as stipulated by CalGreen) diversion requirement specified in Section 15.48.010, the official shall state the reasons therefore in writing based on the criteria contained in subsection “E” below. The applicant shall have 30 days to resubmit a WMP application that complies with Section 15.48.010. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not satisfy the requirements of Section 15.48.020(B), the official shall deny the WMP in accordance with Section 15.48.030(D). An extension may be requested for a fixed period of time.

E. Criteria. In determining whether to approve or deny an application for an exemption from the diversion requirement, the WMP compliance official shall base his or her written determination on the following criteria.

1. The presence or absence of exceptional or extraordinary circumstances or conditions applicable to the project that do not apply to similar projects.

2. A determination of whether the granting the exemption constitutes a grant of special privilege inconsistent with the limitations imposed on like projects.

3. In determining whether to approve or deny an application for an exemption, the cost to the applicant of satisfying the diversion requirement shall not be the primary reason for granting an exemption although cost may be a factor in the official’s determination of whether there are exceptional or extraordinary circumstances or conditions applicable to the project.

15.48.035 Review of the Waste Management Plan (WMP).

A. WMP Approval Required For Issuance of Construction Permits. No building or demolition permit shall be issued or approved for any covered project unless and until the WMP has been approved.

B. WMP Approval. A WMP shall be approved only if the official determines that the following conditions have been satisfied:

1. The WMP form submitted by the applicant satisfies all of the requirements specified in Section 15.48.020 and the official has determined that the form is complete.

2. The applicant demonstrates to the WMP Compliance Official’s satisfaction, that at least 65% (or other percentage as stipulated by CalGreen) of the C&D debris for the covered project, or an alternative percentage approved by the official as part of the infeasibility exemption, will be diverted. WMP Compliance Official may request additional documentation of diversion or reuse as applicable as a part of this review.

3. The applicant has posted the required diversion security deposit (if applicable).

15.48.040 Determination of Compliance and Release of Diversion Security Deposit A. WMP Final Submission. Within 30 days after the completion of construction for any covered project, the applicant shall submit to the WMP Compliance Official documentation that the applicant has met the diversion requirement for the project.

This documentation shall include the following:

1. A copy of the previously approved WMP for the project with actual material volume or weight generated by the project; and

2. Receipts and/or disposal weight records from both disposal and recycling facilities and/or vendors that received each material showing whether the material was landfilled or recycled; and

3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

4. Any additional information requested by the WMP Compliance Official that is relevant to determining efforts to comply in good faith with this chapter.

B. Weighing of C&D Debris Materials. Applicants shall make reasonable efforts to ensure that all C&D waste diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or to other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates provided by the City for this purpose.

C. Determination of Compliance. The WMP Compliance Official shall review the information submitted by the applicant and determine whether the applicant has complied with the diversion requirement.

D. Full Compliance. If the official determines that the applicant has fully complied with the diversion requirement applicable to the project as contained in the approved WMP, the official shall release the full diversion security deposit to the applicant.

E. Less Than Full Compliance: If the WMP compliance official finds that the applicant has not satisfied the diversion requirement for the project, the official shall calculate the applicant’s percentage rate of compliance. The official shall then determine whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the official shall consider the availability of markets for the C&D debris, the size of the project, and the documented efforts of the applicant to divert the C&D debris. The official shall then authorize the release of some or all of the deposit to the applicant. At a minimum, the applicant shall be entitled to a release of that portion of the diversion security deposit which equals the applicant’s percentage rate of compliance.

Therefore, if the applicant has achieved sixty percent (60%) of the diversion requirement for the project, the official shall release at least 60 percent (60%) of the diversion security deposit. The official shall furnish the applicant in writing with the method by which the official calculated the applicant’s percentage of compliance and the reasons for the official’s determination of the amount of the deposit to be released to the applicant.

F. Failure to Submit Documentation. If the applicant fails to submit the documentation required by Section 15.48.040(A) within the required time period of 30 days after the completion of a covered project, the entire diversion security deposit shall be deemed forfeited. The official shall inform the applicant in writing of the forfeiture of the deposit for failure to timely submit the required documentation.

If the documentation is submitted after the required time period, but before the City has informed the applicant in writing, the official shall evaluate whether the applicant has complied with the diversion requirement for the project. However, ten percent (10%) of the deposit shall be deemed forfeited to the City because of the applicant’s failure to submit the required documentation within the required time period.

G. Withdrawal of Building or Demolition Permit Application. The WMP compliance official shall authorize the refund of the entire diversion security deposit if the building or demolition permit is withdrawn or cancelled before any work begins.

H. Use of Retained Diversion Security Deposits. All diversion security deposit monies retained by the City shall be used only for the purpose of administering the program established through this chapter or for the purpose of promoting recycling within the City.

15.48.045 Appeals
A. Appeal to the City Manager or the City Manager’s Designee. An applicant shall have the right to appeal any decision or determination of the WMP compliance official to the City Manager or the City Manager’s designee. The applicant must file a notice of appeal within 10 calendar days from the date of the official’s decision or determination. The notice of appeal shall state the reasons for the appeal as well as all of the evidence and legal arguments upon which the applicant bases the appeal. The appeal must also be accompanied by the appeal fee established by resolution of the City Council. The City Manager or the City Manager’s designee shall schedule the appeal for a hearing and provide the applicant at least five (5) days written notice of the time and place of the hearing. Within thirty (30) days of the conclusion of the hearing, the City Manager or the City Manager’s designee shall inform the applicant in writing whether the decision or determination of the WMP Compliance Official shall be affirmed, denied or modified. The written determination by the City Manager or the City Manager’s designee shall include the reasons for the determination.

B. Appeal to the City Council. The applicant may appeal the determination of the City Manager or the City Manager’s designee to the City Council by filing a written notice of appeal with the City Clerk within 10 days from the date of the City Manager’s or the City Manager’s designee’s written determination. The notice of appeal shall be accompanied by the appeal fee established by City Council resolution. The notice of appeal shall also include all evidence and legal arguments which the applicant wishes the City Council and any reviewing court to consider. The City Clerk shall cause the appeal to be set for hearing before the City Council. The City Clerk shall provide the applicant with no less than 10 days written notice of the time and place of the hearing. The written determination of the City Council at the conclusion of the hearing shall be final.

15.48.050 Administrative Fee.

As a condition precedent to the issuance of any building or demolition permit for a covered project requiring a deposit, the applicant shall pay the City a fee, established by resolution of the City Council and equivalent to three compliance officer staff hours per the city’s staff cost rate table, to compensate the City for staffing expenses incurred in administering this Chapter.

15.48.055 Enforcement
A. Public Nuisance. Violation of any provision of this chapter shall constitute a public nuisance and be subject to abatement as provided by law.

B. Civil Action. Violation of any provision of this chapter may also be enforced by any means available to the City, including, but not limited to, an action for injunctive relief.

In any civil action, administrative or judicial, the City shall be entitled to recover its attorney fees and costs from the defendant if it is determined that defendant violated this chapter.

C. Administrative Citations. Violations of any provision of this chapter may also be enforced pursuant to Chapter 1.09 of this Code.

D. Cumulative Remedies. The remedies under this chapter are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

CITY OF FORTUNA

COMMUNITY DEVELOPMENT DEPARTMENT

BUILDING AND SAFETY DIVISION
621 11th Street, Fortuna, California 95540
Phone: (707)725-7600 Fax: (707)725-7610

CONSTRUCTION & DEMOLITION WASTE MANAGEMENT PLAN
Submittal Date:

Project Applicant: Phone:

Email:

Property Owner: Phone:

Email:

Project Address: APN:

Contractor: Phone: Email:

Street Address:

Project Description: Construction Demolition

ENTER VOLUME/WEIGHT FOR EACH TYPE QUANTITY METHOD FACILITY Asphalt
Bath Fixtures
Brick, Masonry, Tile, Cinderblock
Cardboard
Carpet, Carpet Padding
Ceiling Tile (Acoustic)
Concrete
Containers – Bottles and Cans
Dirt – Must be Wet Down
Doors – Storefront, Hollow, Solid
Drywall (New), Unpainted Sheets / Scrap
Drywall (Used) Electric Panels
Furnaces / Water Heaters
Green Waste – Brush, Tree Trimmings, Stumps
Metal – Scrap, Rails, Metal Siding, etc. PVC Pipe
Roofing, Roof Shingles
Trash – Non-Recyclable Materials
Windows and Window Framing, Glass
Wood and Pallets - Unpainted
I hereby certify that this project will adhere to the following:
a. Every effort will be made to use reuse and or recycling measures to reduce the amount of construction waste and other materials sent to landfill. Whenever possible, site-sorted debris boxes shall be used to segregate construction waste materials to maximize materials diversion.
b. All personnel that will be performing any work on the project site will receive and read a copy of the Construction and Demolition Waste Management Plan (CDWMP). The CDWMP will meet all CALGreen requirements. Additionally, all personnel shall be instructed on the location and proper use of debris boxes for disposal of C&D materials. c. The process of waste management, recycling and reuse of construction waste materials will be monitored regularly to ensure compliance with the CDWMP during the course of the project. d. A record will be kept of the total amount of construction waste leaving the project site by weight or by volume, and how these materials will be disposed. This includes copies of tickets or detailed receipts from all loads of C&D materials removed from the project site.
e. All supporting documentation which demonstrates compliance with the CDWMP and required diversion will be provided to the permitting jurisdiction upon completion of the project. _______________________ ________________________ ____________

PRINT NAME SIGNATURE DATE

CITY OF FORTUNA

COMMUNITY DEVELOPMENT DEPARTMENT

BUILDING AND SAFETY DIVISION
621 11th Street, Fortuna, California 95540
Phone: (707)725-7600 Fax: (707)725-7610

CONSTRUCTION & DEMOLITION WASTE FINAL REPORT
Completion Date: Permit Number:

Project Applicant: Phone:

Email:

Property Owner: Phone:

Email:

Project Address: APN:

Contractor: Phone: Email:

Street Address:

Project Description: Construction Demolition

ENTER VOLUME/WEIGHT FOR EACH TYPE RECYCLED REUSED DISPOSED FACILITY Asphalt
Bath Fixtures
Brick, Masonry, Tile, Cinderblock
Cardboard
Carpet, Carpet Padding
Ceiling Tile (Acoustic)
Concrete
Containers – Bottles and Cans
Dirt – Must be Wet Down
Doors – Storefront, Hollow, Solid
Drywall (New), Unpainted Sheets / Scrap
Drywall (Used) Electric Panels
Furnaces / Water Heaters
Green Waste – Brush, Tree Trimmings, Stumps
Metal – Scrap, Rails, Metal Siding, etc. PVC Pipe
Roofing, Roof Shingles
Trash – Non-Recyclable Materials
Windows and Window Framing, Glass
Wood and Pallets - Unpainted
Percent of Total Waste

CONSTRUCTION AND

DEMOLITION

RECYCLING GUIDE
Eel River
Transportation
& Salvage
707-725-6530
850 Riverwalk Dr,
Fortuna
Humboldt Waste
Management
Authority
707-268-8680
1059 W Hawthorne,
Eureka
Kernen
Construction
707-826-8686
2350 Glendale Drive,
McKinleyville
Resale Lumber
707-822-6034
4056 US 101,
Eureka
Wes Green
Landscaping
707-822-8035
6360 West End
Road, Arcata
Alves, Inc.
707-825-4725
4200 West End
Road, Arcata
Asphalt
Bath Fixtures $5
Brick / Masonry / Tile / Cinderblock
Cardboard
Carpet / Carpet Padding $90 / Ton
$160 / Ton
Ceiling Tile (Acoustic)
Concrete – Concrete Blocks / Pier Blocks
Containers – Bottles and Cans
DIRT
$ 10 / Ton–Clean
$ 80 / Ton–Mixed
$160 / Ton–Grow
Dirt
Doors Metal Only
Drywall – New – Unpainted Sheets / Scrap
Drywall – Used $160 / Ton
Electrical Panels
Furnace / Water Heater
$25 Each
Green Waste – Brush, Trees, Etc. $90 / Ton
Metal – Scrap, Rail, Rebar, Etc.
$160 / Ton
PVC Pipe
Roofing, Roof Shingles
Tin,
Corrugated $160 / Ton
Trash – Non-Recyclable Materials
Windows, Window Frames
Metal Frames Complete
$160 / Ton
Wood – Pallets, Untreated / Unpainted $90 / Ton Call – May Accept $160 / Ton
Window Only
Volume to Weight Conversion Table for Construction and Demolition Debris 2,000 pounds = 1 ton
Material Type Pounds/Cubic Yard Tons/Cubic Yard
Mixed Construction and Demolition (C&D) Debris 417 .2085 Trash/Municipal Solid Waste (MSW) 417 .2085
Appliances (White Goods) 340 0.17
Bulky Items (mattresses, box springs, sofas, etc.) 80 0.04 Cardboard and Paper 100 0.05
Carpet 147 0.0735
Carpet Padding 63 0.0315
Concrete and Asphalt 1,400 0.7
Fiberglass Insulation 17 0.0085
Glass (Plate Glass) 1,400 0.7
Gypsum Board (sheetrock) 467 0.2335
Metal 225 0.1125
Plastic 40 0.02
Roofing materials 731 0.3655
Tires 200 0.1
Wood 169 0.0845
Volume to Weight Conversion Table for Land Clearing and Excavation Debris 2,000 pounds = 1 ton
Material Type Pounds/Cubic Yard Tons/Cubic Yard
Tree Branches, Stumps, & Clean Plant Debris 127 0.0635
Soil, Dirt, and Clean Fill 929 0.4645
Sand, Gravel, and Rock 999 .04995
Contaminated Plant Debris (Disposal OK) 127 0.0635
Business Item 5e

STAFF REPORT
City Council Business Item
DATE: August 7, 2023
TO: Honorable Mayor and Council Members
FROM: Casey Day, Chief of Police; and Ryan Plotz, City Attorney THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing: Introduction and First Reading of Ordinance No. 2023-763 Amending Title Eight (8), Chapter 8.26 – Abandoned Shopping Carts and Determining the Ordinance to be Exempt from CEQA
STAFF RECOMMENDATION:

Receive staff report, receive public comment, and discuss and consider conducting a first reading of Ordinance No. 2023-763 by title only.

EXECUTIVE SUMMARY:

This ordinance adds Chapter 8.26 – (Abandoned Shopping) Carts to Title 8 – (Health and Safety) of the Fortuna Municipal Code. Chapter 8.26 is set forth in Exhibit “A,” attached hereto and incorporated herein by reference.

The addition of Chapter 8.26 identifies the fact that the presence of abandoned or unattended shopping carts, or parts thereof, on private or public property creates a condition that reduces the value of private property. Abandoned or unattended carts or parts thereof also create blight and deterioration, interfere with pedestrian and vehicular traffic, are injurious to health, safety, and general welfare, and contributes to landfill waste.

The presence of abandoned or unattended carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance, which may be abated as such in accordance with the provision of the Fortuna Municipal Code.

This ordinance establishes the following prohibitions and requirements, and makes the following additions to the Fortuna Municipal Code.
 It prohibits the unauthorized removal of shopping carts from a business premises without the written consent of the owner.
 It requires any shopping cart taken off premises to be returned to the owner’s premises within seventy-two (72) hours.
 It requires mandatory secure containment of shopping carts on the business premises after hours.

Business Item 5e

 It requires on premises collection schedules for businesses open 24 hours.  It requires a mandatory retrieval of shopping carts by businesses within 24 hours of notification by the City.
 It requires businesses to submit an abandoned shopping cart prevention and retrieval plan within sixty (60) days after the ordinance that implements this chapter becomes effective or within thirty (30) days of opening any new business utilizing shopping carts.

This ordinance also establishes the following nuisance remedies and makes the following additions to the Fortuna Municipal Code.
 Impoundment with Notice - After 72 hours, any shopping cart located outside the business premises shall be impounded by the City if the cart is not retrieved by the business after proper notice.
 Impoundment without 72 hour Notice – Failure of business to collect the shopping cart, free of charge, after 72 hours upon receiving a 24 hour notice following impound.  Immediate Retrieval and Impoundment by City for Impeding Emergency Services.

This ordinance also establishes the following punitive fines for recovery and non-compliance and makes the following additions to the Fortuna Municipal Code.  $100 fine per each calendar month an Abandoned Shopping Cart Prevention and Retrieval Plan is delinquent.
 $50 fine per cart, per three-day period in which a business fails to retrieve a shopping cart from impound.

This ordinance also establishes the following authorities and makes the following additions to the Fortuna Municipal Code.
 City may sell or otherwise dispose of any shopping cart not reclaimed within thirty (30) days of notice, or if the owner cannot be determined, or if the cart is rendered unusable.

DISCUSSION:

Over the past few months, the Chief of Police has facilitated in-person meetings with the majority of Fortuna retailers utilizing shopping carts. The purpose of these meetings were to involve Fortuna businesses in a collaborative process and to encourage input from store managers. The majority of retailers attended these meetings and a few declined based on corporate policy. Overall there was a mutual understanding that this ordinance will enhance the quality of life in Fortuna, reduce costs associated with property loss, protect the environment and improve store operations.

The addition of Ordinance No. 2023-763, will mutually benefit both the community and businesses by promoting an orderly City, enhancing pedestrian safety, preserving business integrity, encouraging responsible consumer behavior, reducing costs for businesses and taxpayers, strengthening the cooperation between businesses and local government, by minimizing environmental impacts, and by enhancing the community image.

Business Item 5e

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to hold the first reading of Ordinance No. 2023-763, read by title only and continue the Public Hearing to Monday, August 21, 2023 for the second reading and adoption. Roll call vote.

ATTACHMENTS:
 Ordinance No. 2023-763, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health And Safety Of The Fortuna Municipal Code By Chapter 8.26 – Abandoned Shopping Carts And Determining The Ordinance To Be Exempt From CEQA
ORDINANCE NO. 2023-763

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA, CALIFORNIA AMENDING TITLE 8 – HEALTH AND SAFETY OF THE FORTUNA MUNICIPAL CODE BY CHAPTER 8.26 – ABANDONED SHOPPING CARTS 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, the City has a substantial interest in promoting the public health, safety, and welfare of its residents, visitors, and businesses, and the aesthetic qualities of the City; and WHEREAS, abandoned or unattended shopping carts off the premises of retail establishments can interfere with pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and public rights-of-way; can constitute a hazard to streams, riparian areas, and other natural areas; can contribute substantially to litter, clutter, and visual blight; and can reduce property values; and WHEREAS, pursuant to its broad police powers, the City Council desires to adopt regulations to ensure that measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner's premises, to make removal of the cart a violation of the Fortuna Municipal Code, and to facilitate the retrieval of abandoned shopping carts in a manner consistent with State law; 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. Findings.

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The presence of abandoned or unattended carts, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private property, to create blight and deterioration, interfere with pedestrian and vehicular traffic, to be injurious to health, safety, and general welfare, and contributes to landfill waste. The presence of abandoned or unattended carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance, which may be abated as such in accordance with the provision of the Fortuna Municipal Code.

3. Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Fortuna Municipal Code Amendment regarding the security of shopping carts will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)) and the proposed ordinance would be exempt per CEQA Section 15301 Existing Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by Regulatory Agencies for the Protection of the Environment, as the proposed ordinance is intended to assure the maintenance and protection of the environment; and 15311 Accessory Structures, regarding potential placement onpremise signage needed for public notification associated with the proposed ordinance.

SECTION 2. Fortuna Municipal Code Amendment. Chapter 8.26 – Abandoned Shopping Carts is hereby added to Title 8 – Health and Safety of the Fortuna Municipal Code as set forth in Exhibit “A,” attached hereto and incorporated herein by reference. Without modifying the substance, following approval of this Ordinance, the City Clerk shall, if necessary, cause the Municipal Code amendment adopted by this Ordinance to be consistent in form and style with Title 8 of the Fortuna Municipal Code.

SECTION 3. 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 4. 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 7th day of August 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Tami Trent, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
SECOND READING CONDUCTED, PASSED, and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this ____ day of ____________, 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Tami Trent, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
Exhibit “A”
Title 8

HEALTH AND SAFETY
Chapter 8.26

ABANDONED SHOPPING CARTS

8.26.010 Short Title.

This Ordinance shall be known as the “Abandoned Shopping Cart Ordinance.”

8.26.020 Authority and Purpose.

This chapter is adopted pursuant to Business and Professions Code Sections 22435 through 22435.8 and the City's general police powers for the purpose of regulating and prohibiting the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the authorization or consent of the shopping cart's owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments.

8.26.030 Applicability.

This chapter applies to all businesses located in the City that provide shopping carts for customer use and to all shopping carts on and off the premises of businesses within the City.

8.26.040 Administration.

The Director is authorized to administer this chapter, which includes, without limitation, the ability to promulgate administrative policies and procedures to interpret, implement and enforce this chapter.

8.26.050 Definitions.
"Abandoned or unattended shopping cart" means any shopping cart, which is left unattended, discarded or abandoned upon any public property other than the premises from which the shopping cart was removed, without the authorization or consent of the cart's owner. "Abandoned shopping cart prevention and retrieval plan," shall mean a document required to be submitted by the responsible business owner, pursuant to this chapter. "Agent" means the person or persons designated by the owner of a shopping cart authorized to perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager, employee or a private cart retrieval company.
"Director" shall mean the City Manager or the Director of Community Development for the City of Fortuna, or such other employee, as designated by the City Manager, to administer the appropriate sections of this chapter.
"Occurrence" means the retrieval or impoundment by the City pursuant to this chapter of all shopping carts of an owner in a one-day period.
"Owner" means a person who owns or provides shopping carts for use by customers in connection with the operation of a business.
"Person" includes, without limitation, individuals, corporations, partnerships, and all other legal entities, and officers, employees, and authorized agents of an owner. "Premises" means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking lot or other off-street area provided by an owner, or shared with other retail establishments, for use by customers for parking automobiles or other vehicles.
"Public property" means the outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property.
"Retail establishment," with regard to shopping carts, means any business located in the City of Fortuna which offers or provides shopping carts for the use by customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store.
"Shopping cart" means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail establishment or designated parking or loading area of that business establishment.

8.26.060 Required Signs and Identification.

A. Cart identification and removal warning signs required.

Pursuant to Section 22435.1 of the Business and Professions Code, every shopping cart owned or provided by an owner shall have a sign permanently affixed to the shopping cart that includes the following information:

1. The owner's name, business address and phone number.

2. Notice of the procedure to be utilized for authorized removal of the shopping cart from the premises.

3. Notice that unauthorized removal of the shopping cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and this chapter.

8.26.070. Prohibitions.

A. Unauthorized removal unlawful.

It shall be unlawful for any person, either temporarily or permanently, to remove a shopping cart from a business premises or be in possession of a shopping cart with a permanently affixed sign as provided in Section 8.26.060 that has been removed from a premises without written consent of the owner authorized by this chapter. This section shall not apply to shopping carts removed by the owner for the purposes of maintenance, repair or disposal.

An owner may permit customer off-premises use of a shopping cart for transportation of purchased items. The authorization must be in writing with date(s) and time(s) of authorized use. Any shopping cart taken off premises must be returned to the owner's premises within seventy-two (72) hours.

B. Abandonment prohibited.

It shall be unlawful and a public nuisance for any person to cause or permit any shopping cart to be abandoned or remain unattended on or upon any sidewalk, street, alley or other public area, other than the premises of the owner of such shopping cart.

8.26.080 Cart Container and Retrieval by Owners.

A. Mandatory Secure Containment of Shopping Carts After Hours.

Every shopping cart owner must lock or otherwise securely contain all shopping carts of the owner after business hours in a manner that prevents theft or removal from the premises. All shopping carts located on the premises of a retail establishment, other than an establishment open for business twenty-four hours per day, must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated cart confinement area on the premises until the commencement of the next business day.

All shopping carts located on the premises of any retail establishment open for business twentyfour hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is open for business.

This section does not apply to:

1. Shopping carts located within an enclosed building.

2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner.

3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from a business location of the owner.

B. Mandatory Retrieval of Carts.

All abandoned shopping carts of a retail establishment that are found off the premises of the retail establishment must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, including a cart retrieval service retained by the owner. The City shall notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be accessed safely by the owner. Such notice may given be by telephone, email or text message to the owner or owner's agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved plan is in place, and shall include the cart's location. Within three (3) business days from the date the owner of the cart is provided with notice by the City that an abandoned shopping cart of the owner has been located, the owner or agent shall cause the identified shopping cart(s) to be retrieved.

C. Retrieval Services.

Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the Director or designee. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service.

8.26.090 Impoundment and Retrieval of Abandoned Shopping Carts.

A. The Director or designee may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code Section 22435.7.

B. lmpoundment Following Three-Day Notice.

A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the City provided both of the following conditions are met:

1. The shopping cart is located outside the premises or parking area of a retail establishment; and

2. Except as provided in subsection “C” of this Section of this chapter, the shopping cart is not retrieved within three (3) business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the City of the shopping cart's discovery and location.

C. lmpoundment Without Three-Day Notice.

1. The City may retrieve and impound any abandoned shopping cart without first giving three-days' notice provided:
a. The Director or designee provides actual notice to the owner, or his or her agent, of the impoundment of the shopping cart within twenty-four (24) hours following the impound;
b. The notice informs the owner, or his or her agent, of the location where the shopping cart may be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent, within three (3) business days after the date of actual notice to the owner, or his or her agent, of the impound, must be released and surrendered to the owner, or his or her agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and d. The shopping cart is held at a location that is both:
i. Reasonably convenient to the owner of the shopping cart; and ii. Open for business at least six (6) hours of each business day.

D. Immediate Retrieval and lmpoundment by City for Impeding Emergency Services.

The Director or their designee may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services.

E. Any cart reclaimed by the owner or their agent within three (3) business days from the date the owner of the shopping cart, or their agent, is given actual notice by the City of the shopping cart's discovery and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter.

F. The owner of any shopping cart that is not reclaimed within three (3) business days after the date the owner has been given actual notice by the City of the shopping cart' s discovery and location, or impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four (4) business days after the date of notice.

8.26.100 Abandoned Shopping Cart Prevention and Retrieval Plan.

A. Abandoned Shopping Cart Prevention and Retrieval Plan Required.

Every owner who provides or intends to provide the use of shopping carts for customers shall develop, implement and comply with the terms and conditions of an approved abandoned shopping cart prevention and retrieval plan to prevent the unauthorized removal of shopping carts from a premises and, if removed, to retrieve the shopping cart within three (3) business days after knowing of the cart's removal from the premises or after receiving notice from the City that the shopping cart has been abandoned. To be effective, an abandoned shopping cart prevention and retrieval plan must be approved by the Director. To be eligible for approval, an abandoned shopping cart prevention and retrieval plan shall include the following elements:

1. Name. The name of the owner and the business name, the physical address where the business is conducted, name, address and phone number(s) of the on-site and off-site owner, if different.

2. Inventory of Carts. A complete list of all shopping carts maintained on or in the premises.

3. Cart Identification. Signs and shopping cart identification requirements which conform to state law. Owners shall attach an example of the proposed shopping cart ownership identification sign which shall conform to California Business and Professions Code Section 22345.1.

4. Languages. The information required above must be provided in English and Spanish or in such other language the Director may reasonably require.

5. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent shopping cart removal from the owner's premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use of shopping cart, or other demonstrable measures acceptable to the Director that are likely to prevent shopping cart removal from the premises. Cart owners shall conduct regular maintenance to ensure disabling devices and/or security deposit systems are working properly. If at any time, a cart owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use.

6. Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned shopping cart prevention plan and conditions contained therein at least annually.

7. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within three (3) business days after knowing of a cart's removal from the owner's premises or after receiving notice from the City that the shopping cart has been abandoned.

B. Failure to Submit Plan.

The plan must be submitted to the City within sixty (60) days after the ordinance that implements this chapter becomes effective or alternatively, if a business opens after the date the ordinance that implements this chapter becomes effective, then within thirty (30) days after a business that uses carts commences operations. Any owner who fails to provide the abandoned shopping cart prevention and retrieval plan shall be required to pay the City one hundred dollars ($100) for each calendar month the plan is not provided, as a penalty for not complying with this Section 8.26.100.

8.26.110 Recovery of Fines and Costs by City.

A. Pursuant to Business and Professions Code Section 22435. 7(f), any owner that fails to retrieve the owner's shopping cart or shopping carts within three (3) business days from the date of being given notice of the cart's or carts' discovery and location, or impoundment, by the City, is guilty of a violation of this chapter and may be punished with an administrative fine of fifty dollars ($50) for each occurrence in excess of three (3) during the six-month period starting January 1 and ending on June 30 or the six-month period starting July 1 and ending December 31 of each calendar year.

B. In addition to the fines imposed above, the owner shall pay the City's actual costs for retrieving and storing the owner' s shopping cart or carts except when the owner, or their authorized agent, reclaims their cart or carts within three (3) business days from being given notice of the cart's or carts' discovery and location, or impoundment, by the City, in which case, all fines, costs and fees shall be waived.

8.26.120 Disposal of Abandoned Shopping Carts.

The City may sell or otherwise dispose of any shopping cart:

1. That is not reclaimed from the City within thirty (30) days of receipt by the owner, or the owner's agent, of actual notice from the City of the cart's discovery and location, or impoundment.

2. If the owner of the cart cannot be determined.

3. If the cart is rendered unusable (e.g., mangled, destroyed).

8.26.130 Violation – Penalties.

Any person who violates any provision of this chapter is guilty of an infraction and is subject to punishment as provided in Chapter 1.08 (General Penalty) or as provided under Chapter 1.09 (Administrative Citations). Any violation of this chapter is further declared a public nuisance.

Business Item 5f

STAFF REPORT
City Council Business Item
DATE: August 7, 2023
TO: Honorable Mayor and Council Members
FROM: Casey Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Accept the Annual Military Equipment Report Required by Assembly Bill 481; Resolution 2023-22
STAFF RECOMMENDATION:

Accept the Annual Military Equipment Report required by Assembly Bill 481, and adopt Resolution 2023-22.

BACKGROUND:

On September 30, 2021, Assembly Bill 481 (AB-481) required all law enforcement agencies to adopt a military use policy by ordinance. The City of Fortuna adopted Ordinance No. 2022-753 in compliance with AB-481.

AB-481 required law enforcement agencies to submit to the City Council, an annual Military Equipment Report on the use of the equipment, any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency and the intention to purchase additional equipment in the following budget year. In addition, within 30 days of submitting and publicly releasing the report, a well-publicized community engagement meeting must be held to allow for the public comments.

EXECUTIVE SUMMARY:

On May 2, 2022, the Fortuna City Council adopted Ordinance No. 2022-753 approving a Military Equipment Use Policy pursuant to AB-481. In accordance with AB-481 and the Fortuna Police Department’s policy, a military equipment report shall be submitted to the City Council annually for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

ACTION(S):

To meet the original requirements of AB-481, a review of inventory pre-existing property designated as “Military Equipment” was conducted prior to the adoption of Ordinance No. 2022- 753. The Fortuna Police Department’s original military equipment inventory and the findings were documented in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report.

Business Item 5f

Since the adoption of AB-481, the Fortuna Police Department acquired the following equipment:

1. In December of 2022, the City Council approved the purchase and acquisition of an additional Unmanned Aerial Vehicle (UAV) through Resolution No. 2022-35. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.

2. Additional PepperBall LIVE-X Projectile munitions were purchased to maintain the required inventory. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.

3. Additional ammunition for patrol rifles were purchased to maintain the required inventory.

The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.

COMPLAINTS OR CONCERNS:

No complaints or concerns were reported regarding the use of equipment in 2022. The department maintains an AB-481 Military Equipment Transparency website link as well as a dedicated email address and telephone number for any member of the public wishing to contact the department’s Military Equipment Coordinator regarding complaints or concerns. The link, email address, and telephone number are publicly published in English and Spanish on the department’s website under the sub-link, “California Assembly Bill 481 Agency Transparency” and are contained in the department policy manual under the sub-link, “California Senate Bill 978 Agency Transparency”.

INTERNAL AUDIT:

There were no violations of the Military Use Equipment Policy in 2022.

INTENT TO PURCHASE IN 2023:

The Fortuna Police Department intends to purchase two (2) additional patrol rifles in 2023 as defined in Fortuna Police Department Policy No. 709, § 709.4, subsection (c). The department patrol rifles comply with Fortuna Police Department Policy No. 312 and are specified in § 312.3.3 as AR-15 style nomenclature - .223 caliber / 5.56mm (NATO) semi-auto or select fire (auto) carbine rifles.

The department maintains an inventory of practice and duty ammunition for patrol rifles. The department also maintains an inventory of pepper ball munitions. The approximate quantity, description, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report. The department budgets approximately $15,000 per fiscal year for all range and firearm supplies including ammunition (100-2000-5515).

PUBLICIZED COMMUNITY ENGAGEMENT MEETING:

The required community engagement meeting was held and facilitated by the Chief of Police on July 7, 2023, from 5:30 PM to 6:00 PM. The meeting was publicly posted and was held in the City Council Chambers, located at 621 11th St., Fortuna, CA. No community members attended to ask questions or offer input. The meeting was posted on the City of Fortuna’s webpage on June 1st 2023.

Business Item 5f

FISCAL IMPACT:

There is no fiscal impact related to the production of the annual report. In addition, all purchases past and present derive from the department’s allotted budget (100-2000-5515). Individual equipment costs can be found in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open public comment

3. Close public comment

4. Motion to adopt Resolution 2023-22 and read by title only. Roll call vote.

ATTACHMENTS:
 Resolution 2023-22, A Resolution of the City Council of the City of Fortuna Accepting the Annual Military Equipment Report by the Police Chief and Making Findings Related Thereto
 Fortuna Police Department Policy No. 709 § 709.4
RESOLUTION 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

ACCEPTING THE ANNUAL MILITARY EQUIPMENT REPORT BY THE POLICE

CHIEF AND MAKING FINDINGS RELATED THERETO
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, in 2021, the California Legislature approved, and the Governor signed into law Assembly Bill 481 (“AB 481”), which among other things, provides certain requirements for the funding, acquisition, and use of military equipment by local law enforcement agencies; and WHEREAS, AB 481 required that the City Council adopt, by ordinance, a military equipment policy that complies with the requirements of AB 481 and to make said policy publicly available; and
WHEREAS, pursuant to Ordinance No. 2022-753, which Ordinance is codified as Section

2.10.150 of the Fortuna Municipal Code, the City Council adopted a military equipment policy that complies with the requirements of AB 481; and
WHEREAS, pursuant to the City’s Military Equipment Use Ordinance, the Police Chief is required to annually prepare and submit to the City Council an Annual Military Equipment Report containing the information set forth in Government Code section 7072 and make the report publicly available on the City’s website; and
WHEREAS, on June 1, 2023, the Police Chief submitted his Annual Military Equipment Report and posted the same to the City’s website;
WHEREAS, on June 20, 2023, the Police Chief submitted his Annual Military Equipment Report to the City Council;
WHEREAS, the City’s Military Equipment Use Ordinance further requires that, within thirty (30) days of making the Annual Military Equipment Report publicly available, the Police Chief hold at least one well-publicized community engagement meeting on the report; WHEREAS, the Police Chief held a well-publicized community engagement meeting as required by the Military Equipment Use Ordinance on July 7, 2023; WEHEREAS, by way of this Resolution, the City Council desires to approve the Annual Military Equipment Report and make findings relating thereto, as set forth below.

NOW, THEREFORE, the City Council of the City of Fortuna does hereby resolve as follows:

1. The above recitals are hereby incorporated by this reference as findings of the City Council;

2. The Annual Military Equipment Report submitted to the City Council on June 20, 2023, a copy of which is attached to this Resolution as Exhibit A, is hereby approved;

3. The City Council makes the following findings, as required by Section 2.10.150(E)(4) of the Fortuna Municipal Code:
a. That the military equipment identified in the Annual Military Equipment Report complies with the standards for approval set forth in the Military Equipment Use Ordinance and the Military Equipment Policy (No. 709); and b. The proposed amendments to the Military Equipment Policy (No. 709), as submitted in “draft” form by the Police Chief as part of the Annual Military Equipment Report, are hereby approved and shall be incorporated into the Military Equipment Policy (No. 709).

4. The Military Equipment Policy, as amended by this Resolution, is hereby approved and reauthorized.

PASSED and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 7th day of August 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Tami Trent, Mayor
ATTEST:
___________________________
Siana Emmons, City Clerk

EXHIBIT A
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Business Item 5g

STAFF REPORT
City Council Business Item
DATE: August 7, 2023
TO: Honorable Mayor and Council Members
FROM: Katey Schmidt, Community Development Department
THRU: Merritt Perry, City Manager
SUBJECT: Public Hearing: For the Approval of a Major Subdivision of Two Parcels, 1.61 Acres in Size, Consisting of 9 Residential Parcels Ranging in Size From 6,014 Square Feet to 14,646 Square Feet; and a 1.77-Acre Remainder Parcel. Resolution 2023-23
PROJECT INFORMATION:

Applicant: Tina Christensen
APN: 203-031-018 and 203-031-019
Project Site: 3120 Kenmar Road
STAFF RECOMMENDATION:

Approve the subdivision with the attached conditions of approval.

EXECUTIVE SUMMARY:

Background
The proposed project is a major subdivision of a 1.43-acre and 8,031-square-foot parcel resulting in nine residential parcels, ranging in size from 6,014 square feet to 14,646 square feet; and a 1.77- acre remainder vacant residential parcel. Located on Kenmar Road, this project is phase 2 of a 3- phase subdivision. The previously approved Phase 1 was a minor subdivision of a 3.7-Acre Parcel into one developed single-family parcel (8,901 square feet) and a remainder (151,770 square feet) recorded in August 2021. The Planning Commission voted (6-0) at their hearing on July 11, 2023, to recommend that the Council approve the tentative map for Phase 2 of the subdivision with the attached conditions of approval.

Project Location
The project is located on the south side of Kenmar Road, between Remie Court and Church Street (see Attachment A: Location Map). Mill Creek is located just to the south of the project site on the adjoining property. The site zoning is Residential Single Family (R-1-6). The R-1-6 establishes a minimum lot size of 6,000 square feet. The project is located within the Rohnerville neighborhood, in an area that is developed with single-family residences of similar nature.

Business Item 5g

Land Use
The General Plan land use designation is Residential Low (RL), with a maximum density of 6.9 units per gross acre. The floor-area ratio (FAR) for residential uses shall not exceed 0.50. The proposed project will provide residential development in a land use district that is intended for and consistent with the proposed use.

Improvements
Kenmar Road is a public roadway with no current sidewalks along the parcel frontage. Frontage improvements will be required along the half of Kenmar Road fronting the subject project. This will include paving half of the Kenmar Road right of way and installing curb, gutter, and sidewalk.

Public utilities, including sewer and water mains, are located within existing public utility easements in the roadway and shall be extended within the project in accordance with the City of Fortuna Improvement Standards.

Natural and Cultural Resources
A Wetland Determination Report was prepared for the site (“Wetland Determination Report for CLK Subdivision, 8/20/2019” by J. Regan) which determined the subject parcel did not contain any areas that meet all three criteria for a jurisdictional wetland.

An archaeological report was prepared by Nick Angeloff, MA, and Abby Barrios-Gonzalez, BA (“A Historic Resource Evaluation of Significance of the Fortuna Christensen Property July 2019”) and determined there were no significant archaeological resources present that would be affected by the project, however, the report recommends inadvertent discovery protocols should be followed.

The City initiated the Tribal consultation process in August 2022. The Wiyot Tribe and the Bear River Band of the Rohnerville Rancheria reviewed the Archaeological Report, and both Tribes were in agreement with the report’s recommendation that inadvertent discovery protocols be followed. Inadvertent Discovery Protocols have been added to the Conditions of Approval.

Environmental
The project is exempt from the California Environmental Quality Act (CEQA) under a Class 32 exemption (CEQA Guidelines Section 15332 - In-Fill Development Projects); the project meets the criteria for infill development projects, as described in Attachment F, Section III, Findings.

Required Findings
The Planning Commission must base its decisions on legal findings, pursuant to the Fortuna Municipal Code, California Government Code, and the California Subdivision Map Act Section 66474 requiring a City to deny approval of a tentative map if the findings to deny are made. The project-specific findings described in Attachment F to the Resolution demonstrate the project’s conformance with City standards, Subdivision Map Act statutes, and public health and safety, and adopted by reference through the resolution for the tentative map.

Business Item 5g

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review questions with staff.

2. Open Public Comment

3. Close Public Comment

4. Motion to adopt Resolution 2023-23 and read by title only. Voice vote.

ATTACHMENTS:

1. Location Map

2. Assessor's Parcel Map

3. Aerial Map

4. Tentative Map

5. Resolution 2023-23, a Resolution of the City Council of the City of Fortuna Approving a Subdivision of Two Parcels, 1.61 Acres in Size, Consisting of 9 Residential Parcels Ranging in Size From 6,014 to 12,383 Square Feet; and a 1.77-acre Remainder Parcel

6. Findings
Business Item 5g

ATTACHMENT A:

Location Map
Project
Area
North
Project Location
USGS Topo Map, Fortuna Quad
Business Item 5g

ATTACHMENT B:

Assessor’s Parcel Map
CLK Subdivision
Assessor’s Parcel Map
Business Item 5g

ATTACHMENT C:

Ariel Map
CLK Subdivision
Aerial Map
Business Item 5g

ATTACHMENT D:

Tentative Map
CLK Kenmar Phase 2
Subdivision
Tentative Parcel Map
Business Item 5g

ATTACHMENT E:

RESOLUTION 2023-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA APPROVING A SUBDIVISION OF TWO PARCELS, 1.61 ACRES IN SIZE, CONSISTING OF 9 RESIDENTIAL PARCELS RANGING IN SIZE FROM 6,014 TO 12,383 SQUARE FEET; AND A 1.77-ACRE REMAINDER PARCEL
WHEREAS, Tina Christensen has applied for approval of a tentative map to subdivide two parcels, 1.61 acres in size, consisting of 9 residential parcels ranging in size from 6,014 square feet to 14,646 square feet; and a 1.77-acre remainder parcel.; and WHEREAS, the project is exempt from the California Environmental Quality Act as a Class 32 in-fill development (Sec. 15332); and
WHEREAS, the proposed project, and its design and improvements, conform to the applicable local policies, ordinances, and the Fortuna General Plan, as discussed in the staff report and the “Findings for the CLK Kenmar Subdivision” (Exhibit 1); and WHEREAS, the Planning Commission has considered this project at a duly noticed public hearing and approved the tentative map on July 11, 2023;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fortuna that the subdivision shown on the tentative map dated March 17, 2023, is hereby approved, subject to the following conditions being satisfied and improvements being installed or secured in accordance with the Fortuna General Plan, Fortuna Municipal Code, Fortuna Improvement Standards and Specifications, and other applicable regulations, prior to recordation of the subdivision map:

I. PLANNING DIVISION:

1. Control Measures. Shall comply with grading and erosion control measures, including the prevention of sedimentation and damage to off-site property, as set forth in the standard improvement specifications, or as specified by the city engineer (FMC §16.44.020).

2. Improvements. The subdivider shall construct all required improvements both on- and offsite according to approved standards specified in FMC §16.16.030 (FMC §16.16.010(A)), §16.12.040, §16.16.050 and §16.16.060 (FMC §16.16.020(B)).

3. Standards. The standards for required improvements shall be those stated in the standard improvement specifications as prepared by the city engineer, recommended by the planning commission, and adopted by the city council by resolution (FMC §16.08.080).

4. Agreements. If the subdivision improvements have not been completed prior to filing the final map, parcel map, or instrument of waiver, the owner or owners of the subdivision Business Item 5g

shall enter into an agreement with the city agreeing to have the required improvements completed and post security in accordance with FMC §16.16.070 (FMC §16.16.040).

5. Completion. The subdivision improvements shall be completed by the developer within 12 months, or such time as approved by the city engineer or public works director, not to exceed a period of 18 months, from the recording of the final map unless an extension is granted by the city council (FMC §16.16.060(A)).

6. Failure. Should the subdivider fail to complete the improvements within the specified time, the city may by resolution of council, and at its option, cause any or all uncompleted improvements to be completed, and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor before the acceptance of the improvements. (FMC §16.16.060(A)).

7. Permits. No permit or other grant of approval for the development of any of the lots in the subdivision can be issued or granted until the improvements are completed, or until an improvement agreement is entered into with the city (FMC §16.16.020).

8. Map Act. Final maps, and procedures in connection therewith, shall conform to the Subdivision Map Act, Section 66433 et seq., and ordinances of the city (FMC §16.08.050).

9. Expiration. The approval or conditional approval of a tentative map shall expire two years from the date the map was approved or conditionally approved (FMC §16.08.070(A)).

10. Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the planning commission, such application to be filed at least 30 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension (FMC §16.08.070(B)).

11. Time Limit on Extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an additional 18 months (FMC §16.08.070(C)).

12. Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section (FMC §16.08.070(D)).

13. Fees. Every person submitting a tentative, parcel, or final map, or petition for reversion to acreage shall pay a processing fee in an amount prescribed by resolution of the city council (FMC §16.08.090).

14. Drainage Fees. Drainage fees shall be collected prior to the filing of any parcel map or final map.

Business Item 5g

15. Dedication. The subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements including, but not limited to, access to public natural resources pursuant to Section 66478.1 et seq., of the Subdivision Map Act (FMC §16.24.010).

16. Street Access Wavier. Any dedication or offer of dedication of a street shall include a waiver of direct vehicular access rights to such street from any property shown on a final or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with its provisions (FMC §16.24.020).

17. Monuments. Monuments shall be set on all corners unless this requirement is waived by the city engineer (FMC §16.40.010(A)).

18. Monument Standards. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey (FMC §16.40.020(A)).

19. Additional Monuments. The engineer or surveyor shall also set any additional monuments required by the standard improvement specifications, or as required by the city engineer.

All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recording the final map (FMC §16.40.020(B)).

20. Agreement. The agreement shall be prepared and signed by the public works director and approved as to form by the city attorney and shall provide for:
i. Construction of all improvements per the approved plans and specifications (FMC §16.18.080(A)).
ii. Completion of improvements within the time specified by FMC §16.12.040, §16.16.050, and §16.16.060 (FMC §16.18.080(B)).
iii. Right by city to modify plans and specifications (FMC §16.18.080(C)). iv. Warranty by subdivider that construction will not adversely affect any portion of adjacent property (FMC §16.18.080(D)).
v. Payment of inspection fees in accordance with the city’s resolution establishing fees and charges (FMC §16.18.080(E)).
vi. Payment of drainage district or area fees, if required (FMC §16.18.080(G)). vii. Improvement security as required by FMC §16.16.090 (FMC §16.18.080(H)).
viii. Maintenance and repair of any defects or failures and causes thereof (FMC §16.18.080(I)).

Business Item 5g

ix. Release of the city from all liability incurred by the development, and payment of all reasonable attorney’s fees that the city may incur because of any legal action arising from the development (FMC §16.18.080(J)). x. Any other deposits, fees, or conditions as required by city ordinance or resolution and as may be required by the public works director (FMC §16.18.080(K)).

21. Security Bond. A performance bond or security in the amount of 100 percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions (FMC §16.16.090(A)) and shall be approved by the city engineer including:
i. Not less than five percent nor more than 10 percent of the total construction cost for contingencies (FMC §16.16.090(B)(1)).
ii. Increase for projected inflation computed to the estimated midpoint of construction (FMC §16.16.090(B)(2)).
iii. All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to ensure installation (FMC §16.16.090(B)(3)).
iv. Setting of all street monuments and property corners as set forth on the final map (FMC §16.16.090(B)(4)).
v. An additional amount of 50 percent of the estimated construction cost shall be required to guarantee the payment to the subdivider’s contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements (FMC §16.16.090(A)).

22. Warranty Security. Upon acceptance of the subdivision improvements by the city council, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements throughout the warranty period of one year from the date of acceptance by the city of the subdivision improvements (FMC §16.16.100).

23. Performance Security. The performance security shall be released only upon acceptance of the improvement by the city council and on an approved warranty security that has been filed with the city engineer (FMC §16.16.120(A)).

24. Material and Labor Security. Security given to secure payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment may, six months after the completion and acceptance of the improvements by the city council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given (FMC §16.16.120(B)).

Business Item 5g

25. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period (FMC §16.16.120(C)) provided:
i. All deficiencies appearing on the final deficiency list for the subdivision have been corrected (FMC §16.16.120(C)(1)).
ii. Not less than 12 months have elapsed since the acceptance of the improvements by the city council (FMC §16.16.120(C)(2)).

26. Construction. Construction shall not commence until required improvement plans have been approved by the city engineer (FMC §16.16.130(B)).

27. Construction Methods. The construction methods and materials for all improvements shall conform to the standard specifications of the city as adopted by council resolution (FMC §16.16.130(A)).

28. Construction Standards. The general provisions of the city’s standard specifications shall apply to the developer where applicable (FMC §16.16.130(B)).

29. Inspections. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city’s standard specifications (FMC §16.16.140).

30. Final Inspection. Upon completion of the subdivision improvements, the developer shall apply in writing to the city engineer for final inspection (FMC §16.16.150(A)).

31. Supplemental Improvements. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, or number for the benefit of property not within the subdivision as a condition prior to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public (FMC §16.36.030).

32. Sewer Facilities. The subdivider shall construct sanitary sewer trunk lines and provide sanitary facilities as necessary to connect to the existing system without causing any manner of overloading (FMC §16.36.011(D)).

33. Construction of Off-Site Drainage Improvements. Storm drainage improvements shall be constructed in conformance with the city’s 1982 Storm Drainage Master Plan and Improvements Standards and Specifications (FMC §16.36.011(B)).

34. Building Permit. The proposed project shall comply with the terms and conditions of the building permit (FMC §17.07.050(B)(2)).

35. In conjunction with review and approval of the subdivision improvement plans, an Inadvertent Discovery Plan shall be prepared and approved by the Community Development Department, pursuant to California Title 14 CCR 15064.5 (f), if Business Item 5g

concentrations of prehistoric or historic-period materials are encountered as a result of ground-disturbing activity attributable to the project, all work in the immediate vicinity shall halt until a qualified archaeologist can evaluate the finds and make recommendations.

The recommendations of the archaeologist shall be implemented. Prehistoric materials could include obsidian and chert debitage or formal tools, grinding implements, (e.g., pestles, hand stones, bowl mortars, slabs), locally darkened midden, deposits of shell, faunal remains, and human burials. Historic materials could include ceramics/pottery, glass, metal, can and bottle dumps, cut bone, barbed wire fences, building pads, structures, and trails/roads. If human remains are inadvertently discovered during project construction, work will stop at the discovery location, within 20 meters (66 feet), and any nearby area reasonably suspected to overlie adjacent to human remains (Public Resources Code, Section 7050.5). The Humboldt County coroner will be contacted to determine if the cause of death must be investigated. If the coroner determines that the remains are of Native American origin, it is necessary to comply with State laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (NAHC) (Public Resources Code, Section 5097). The coroner will contact the NAHC and the Wiyot and Bear River Tribes. The descendants or most likely descendants of the deceased will be contacted, and work will not resume until they have made a recommendation to the landowner or the person responsible for the excavation work for means of treatment and disposition, with appropriate dignity, of the human remains and any associated grave goods, as provided in Public Resources Code, Section 5097.98. Work may resume if NAHC is unable to identify a descendant or failed to make a recommendation.

II. ENGINEERING DIVISION:

Final Map/Dedications:

36. The applicant shall submit to the City Engineer a final map prepared by a Land Surveyor or Civil Engineer, licensed in the State of California to practice Land Surveying, that is substantially the same as the approved Tentative Map dated March 17, 2023, for review, approval, and recordation with the County Recorder, within two years of the approval date of the Tentative Map. All existing easements and interests shall be shown and/or noted on the final map. Upon city approval and prior to recordation, an Autodesk-compatible electronic file of the final map shall be delivered to the City Engineer.

37. The applicant shall dedicate upon the final map, the following easements to the City of Fortuna:
a. An easement for rights-of-way to the back of sidewalk for all internal access roads within the subdivision as shown on the tentative map.

Business Item 5g

b. An area(s) shall be set aside, and easements dedicated, if necessary, for a postal Cluster Box Unit (CBU). Such area shall be approved by the Postmaster or the Postmaster's representative of the City of Fortuna, and written verification shall be provided.
c. A public utility easement 10 feet in width along the frontage of all parcels. Such easement shall be used for undergrounding utilities and the placement of utility poles and/or street lights.
d. Additional drainage easements, as required for drainage improvements outside of the street right-of-way, as noted in the Storm Drainage and Improvement Plan sections below.
e. A one-foot non-vehicular access strip shall be dedicated to the City along the portions of parcels 1 and 8 that front Kenmar Road.
f. Any other easements not anticipated at this time, as may be required to facilitate the construction of improvements shown on the final improvement plans, as approved for construction by the City Engineer.

38. City Council authorization to accept the required dedications and improvements and to record the final map, shall be required prior to submittal of the final map to the County Recorder for recordation.

Roads and Streets:

39. The following improvements shall be constructed or secured in accordance with the City of Fortuna's Standard Improvement Specifications and Subdivision Ordinance prior to recordation of the parcel map or final map:
a. The internal access roads shall be constructed to the standards of a High Density Collector Road (Exhibit A). Road structural sections will be based upon R-value tests of the subgrade soils, utilizing Traffic Index values approved by the City Engineer. Typical sections shall be shown on improvement plans for all street improvements. Sidewalks, driveways, and handicapped ramps shall be constructed as a contiguous pour with curb and gutter, at the time of roadway construction. b. The road width within the access road shall be 50-feet, measured from back of sidewalk.
c. A cul-de-sac having a minimum radius of forty (40) feet to the face of curb shall be required at any dead-end public street.

Business Item 5g

40. Prior to recording of any parcel map, final map, or issuance of any building permit, the applicant shall pay Traffic Impact or Road Extensions and Expansions fees noted below, in accordance with City of Fortuna Resolution No. 2007-12:
a. Prior to filing of any parcel map or final map, the applicant shall pay a fee for Arterial and Collector Road Extensions and Expansions in the amount of $305 for each new undeveloped parcel. Such fee shall be placed in the "Collector and Arterial Street Improvement Fund."
b. Prior to the issuance of any building permit, the applicant shall pay a fee for Arterial and Collector Road Extensions and Expansions in the amount of $610.00 for each new dwelling. A credit will be given for any fees paid under section a) directly above (per Resolution 2007-12, section 7.b).

41. Street name signs shall be installed at the intersections of Kenmar Road, and stop signs and stop bars, and crosswalk markings shall be installed, where applicable. New street names shall be submitted and approved prior to submittal of improvement plans or final map, in accordance with the Planning Department requirements.

42. A Street light shall be installed at the intersection of the access road and Kenmar Road.

The street light shall be constructed in accordance with City Standard Details, page R-111, and dedicated to the City. The applicant will be required to coordinate installation and activation with PG&E.

43. Red curb paint shall be installed along the face of curb of the cul-de-sac if the minimum radius dimension is proposed.

44. Frontage improvements will be required along the half of Kenmar Road fronting the subject project. This will include paving half of the Kenmar Road right of way (as shown on the approved tentative map), and installing curb, gutter, and sidewalk.

Soils Reports (Soils, Drainage, Geology, Traffic)

45. A Soils Report shall be prepared for the development, in accordance with Section 66490, et. seq., of the California Government Code. All construction shall comply with the recommendations contained in the report and any subsequent updates, revisions, or additions. The measures recommended in this report(s) shall be incorporated into any and all improvement plans, site development plans, or building permits (if applicable) on the property unless a more detailed report has been prepared for a specific site. A note to this effect shall be placed on the improvement plan drawings.

46. Provisions of the Drainage and Soils Report(s) must be complied with during construction of any improvements in order to ensure site stability and that drainage issues are addressed.

In order to ensure compliance with the findings of the geologic/soils and drainage report(s) Business Item 5g

during building permit stage, a copy any report(s) shall be placed on file with the Fortuna Building Department. Site-specific soils/slope stability and drainage issues noted by the city inspector, at the time of construction, shall be mitigated prior to acceptance of the construction improvements
Water System

47. A hydraulic analysis to determine the ability of the city’s existing water facilities to serve the project will be required. The analysis shall determine whether adequate domestic pressure and minimum fire flows can be provided within the project. If the analysis determines that adequate domestic pressure or minimum fire flows cannot be provided by the city’s existing water facilities, the applicant shall upsize the existing water line(s) serving the project, as needed, so that adequate pressure and flows can be provided; or provide other means, acceptable to the City Engineer, to supply adequate water pressure and fire flows to the project. If the applicant is required to oversize, improve, or extend the city’s existing water facilities, a rebate agreement may be considered in accordance with Fortuna City Council Policy “Rebate Agreements for Water and Sewer Extensions and/or Facilities” dated June, 2004.

48. Water mains, as sized by the developer’s engineer, and approved by the City Engineer, shall be extended within the project in accordance with the City of Fortuna Improvement Standards, Section V-3, page 15.

49. Fire hydrants shall be installed every 500 feet within residential areas, and 300 feet within commercial areas, at locations approved by the Fortuna Volunteer Fire District and City of Fortuna Improvement Standards, Section V-3, page 15. A letter of approval from the fire department, including a schematic diagram of approved fire hydrant locations, shall be provided prior to approval of the improvement plans.

50. Water valves shall be installed in accordance with City of Fortuna Improvement Standards, Article V – Water Systems.

51. All dead end mains shall be provided with a standard blow off or other acceptable means of flushing in accordance with the City of Fortuna Improvement Standards, Article V – Water Systems.

52. Backflow prevention shall be provided at all landscape irrigation and fire service connections.

53. Provide easements to any on-site fire hydrant required by FVFD.

Sewer System:

Business Item 5g

54. A hydraulic analysis to determine the ability of the city’s existing sewer facilities to serve the project may be required, (at the discretion of the City Engineer). The analysis shall determine whether adequate capacity is present within the existing city facilities, including collection, pumping, and treatment facilities (if necessary); downstream of the project, to provide adequate service to the project. If the analysis determines that adequate service cannot be provided by the city’s existing sewer facilities, the applicant shall upsize the existing collection, pumping and/or treatment facilities serving the project, as needed, so that adequate sewer service can be provided; or provide other means, acceptable to the City Engineer, to supply adequate sewer service to the project. If the applicant is required to oversize, improve, or extend the city’s existing sewer facilities, a rebate agreement may be considered in accordance with Fortuna City Council Policy “Rebate Agreements for Water and Sewer Extensions and/or Facilities” dated June 2004.

55. Sewer mains, as sized by the developer’s engineer, and approved by the City Engineer, shall be extended within the project in accordance with the City of Fortuna Improvement Standards, Article VI – Sanitary Sewers.

56. Minimum size of sewer mains shall be 8”, except for final runs within cul-de-sacs, or other area where there is no possibility of future extension of the sewer main. No sewer main shall be smaller than 6”. Sewer manholes shall be installed at a maximum spacing of 300 feet. Sewer cleanouts to grade may be installed at the end of final runs within cul-de-sacs, other areas where there is no possibility of future extension of the sewer main, or at the end of a sewer main that will likely be extended in the future. Sewer cleanouts to grade can be installed no further than 150 feet from a manhole.

Storm Drainage:

57. All development shall comply, to the extent reasonably possible, with the recommendations of the 2005 Storm Drain Master Plan prepared by Winzler and Kelly, a copy of which is available for purchase at City Hall. Drainage Reports and/or calculations shall specifically include consideration of the recommendations within this report. If recommendations per the Master Plan are not included within the proposed development design, the Drainage Report and/or calculations must address specific justification for omission thereof. Specific provisions that should be incorporated into any development design, and/or addressed within the project Drainage Report include, but are not necessarily limited to:
a. Incorporate onsite and regional storm drainage detention. b. New development shall not increase the estimated existing peak runoff rate from the site due to the 25-year 24-hour storm. Any increase beyond the 25-year event peak resulting from new development shall be retained or detained at the expense of the developer/owner.

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58. Design of all Storm Drainage Facilities shall incorporate Low Impact Development (LID) practices, and shall comply with all requirements of the Humboldt County Low Impact Development Manual (V3.0).

59. A Drainage Report shall be prepared for the project by a properly licensed professional.

All of the measures recommended in these reports shall be incorporated into any and all improvement plans, site development plans, or building permits (if applicable).

Improvement plans shall include a signature block for consultant(s) that have prepared the drainage report(s) for the project, stating the appropriate plans have accurately reflected the recommendations contained therein. In the event that the Drainage Report is prepared by the same engineer or firm that prepares the Improvement Plans, a separate signature block acknowledging the Drainage Report shall not be required. In this case, a general note shall be included on the title sheet of the plans, acknowledging the Drainage Report by title and date, and confirming that the plans have accurately reflected the recommendations contained therein.

60. 25. Prior to recording of any parcel map, final map, or issuance of any building permit, the applicant shall pay Storm Drainage fees noted below in accordance with City of Fortuna Resolution No. 2007-12:
a. Prior to filing any parcel map or final map, the applicant shall pay a drainage assessment fee of $600/vacant parcel.
b. Parcels developed prior to 1985 shall pay a drainage fee of $0.32/square foot for all existing impervious surface coverage on the parcel.
c. Prior to issuance of any building permit, the applicant shall pay a drainage fee of $0.32/square foot of impervious surface coverage created. d. A drainage fee calculated upon the issuance of a building permit shall be reduced by the amount of the drainage fee paid prior to the filing of a parcel or final map, per section a) above (per Resolution 2007-12, section 4.a.ii).

61. Storm Drainage Improvements, as determined necessary by the Drainage Report, and as shown on the Improvement Plans, shall be extended within the project in accordance with the City of Fortuna Improvement Standards, Article IV – Drainage Improvements.

Appropriate easements to accommodate maintenance and repair of the improvements shall be provided on the final map. Specific storm drainage improvements required include, but may not be limited to the following:
a. Storm drain pipes and structures to deliver project storm water runoff to the nearest existing City-owned facility.

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b. Lot grading (as shown on the Improvement Plans) to ensure post-project runoff does not flow to adjacent lots of the project.
c. Lot grading (as shown on the Improvement Plans) to ensure off-site flows not routed through the project's storm drainage system do not change in character, location, or volume.
d. Mitigation of stormwater runoff flows as noted above to prevent post-development flows from exceeding pre-development flows.

62. All public storm drain inlets are to be marked with “No Dumping—Drains to River” using brass markers purchased from the City of Fortuna Public Works Division, or other supplier approved by the Public Works Division.

63. As well as being shown on the final map, a “Notice of Special Development Conditions” shall be recorded noting the need for any private storm drainage easements to be created on any of the lots of this development, as determined by the approved final grading and drainage plan. The Notice shall state that no structures, uses, or modification of ground elevations shall be allowed that obstruct storm water runoff within the drainage easement(s).

64. The drainage culverts front the project along Kenmar Road shall be replaced all of the way to the drainage inlet near the intersection of Kenmar Road and Remie Court. Drainage inlets shall be provided as needed to meet general engineering practices. All existing drainage path utilizing the frontage of the property shall be maintained, including any drainage pipes crossing Kenmar Road.

Improvement Plans:

65. Prior to performing any work on the improvements, an Improvement Plan shall be submitted to the City Engineer, and approved and signed by the City Engineer, Director of Public Works, City Planner, City Compliance Coordinator, Pacific Gas and Electric, AT&T, Optimum, U.S. Postal Service, the Fortuna Building Official, and the Fortuna Fire District Chief. Once approved, an Autodesk compatible electronic file shall be delivered to the city. After completing the work, a complete set of “Record Drawings” including reproducible improvement plan drawings shall be filed with the City documenting all asbuilt improvements. It shall be the responsibility of the Design Engineer who prepares the Improvement Plans to certify the Record Drawings as being accurate and complete.

66. Improvement Plans shall include full design data for all improvements proposed to be constructed in conjunction with the development, including any required off-site improvements. Improvement plan drawings shall be reasonably organized and presented with a title sheet showing a location map, general notes, and sheet index. Plan sheets shall include match lines and references to adjacent sheets. If off-site improvements are required Business Item 5g

as a part of the development, the location and sheet number for these improvements shall be clearly shown and identified on the title sheet. Improvement plans for required off-site improvements shall be an integral part of the improvement plans prepared for the development, unless specifically approved otherwise by the City Engineer.

67. A Construction Cost Estimate, prepared by a Registered Civil Engineer, showing estimated quantities and unit prices based upon prevailing wage labor rates, shall be provided for all work included on the final approved Improvement Plans.

68. Improvement Plans shall include a grading plan clearly showing existing contours and finish grade elevations, including all cut and fill slopes, and cut and fill daylight lines. The general location of finished building pads and finish pad elevations shall be shown for each parcel. Detailed location, finished grade elevations, and grading shall be provided for all flag lots to be created (if applicable). Maximum driveways slope shall be 15% . All of the improvements required by the Conditions of Approval, and shown on the grading plan shall be installed prior to the filing of the final map, unless appropriate agreements and bonding have been executed. All lots shall be graded so that the surface water runoff shall drain to the street or other drainage facility approved by the City Engineer adjacent to the parcel.

Surface water runoff shall be directed to the street whenever possible. Designation of rear lot drainage on an approved Tentative Map shall not be interpreted as a tacit approval to provide rear lot drainage in conjunction with the final grading plan. Extraordinary, extenuating, and compelling conditions must exist before rear lot drainage will be allowed.

All drainage facilities outside the street right-of-way shall be installed in pipe. Drainage outfalls may require Best Management Practices to reduce storm water contamination, as determined by the Public Works Director, City Engineer, and/or jurisdictional regulatory agencies. All grading plans shall consider the surface flow of waters in the event that proposed storm drainage facilities fail for any reason, minimizing the potential for flooding of buildings or other damage.

69. All improvement plans shall be prepared using the NAVD88 vertical datum. The improvement plans shall include a note acknowledging how the datum was established on the project site (which benchmarks were used to establish the elevation datum). A temporary benchmark shall be provided for the city inspector’s and contractors’ use within 100’ of the limits of the development. The location, description, and elevation of the TBM shall be clearly shown on the improvement plans.

70. Prior to any grading on the site, Improvement Plans shall be prepared for the project, reviewed, and approved by the City Engineer. Improvement plans shall include an erosion control plan identifying construction site BMP’s. The erosion control plan must be approved prior to issuance of any grading permit (including rough grading), or prior to signing the Improvement Plans, and ongoing inspections will be conducted by the City Engineer or appointed designee. If grading is started on the project prior to approval of improvement plans or issuance of a grading permit, or receipt of a Waste Discharge Business Item 5g

Identification Number (WDID) from the Regional Water Quality Control Board (if required), the City will immediately issue a Stop Work Notice, the contractor shall be subject to fines and penalties as specified in Municipal Code, and the City Manager may elect to request the City Council or Planning Commission to consider rescinding approval of the development.

71. Projects that involve grading or disturbance of soil shall comply with the requirements of the State of California State Water Resources Control Board National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ, NPDES No.

CA S000002 (General Order). This General Order became effective on July 1, 2010. If proposed construction activity will disturb less than one (1) acre of land, BMP's shall be implemented to eliminate, minimize and/or treat stormwater discharges from the site.

These BMP's shall be monitored for effectiveness throughout construction activities. If proposed construction activity will disturb one (1) acre of land or more, the General Order requires that the Legally Responsible Person (LRP) (usually the property owner or leasehold interest) is required to obtain permit coverage under the General Permit through the submittal of Permit Registration Documents (PRD’s) prior to the commencement of construction activities. Permit Registration Documents include, but are not limited to, a Notice of Intent (NOI) and a Storm Water Pollution Prevention Plan (SWPPP) prepared by a Qualified SWPPP Developer (QSD), certified by the State Water Resources Control Board (the Board). The General Order requires all PRD’s to be electronically submitted and the appropriate fee paid to the Board prior to the Board issuing a Waste Discharge Identification Number (WDID). The WDID shall be provided to the City Engineer in conjunction with improvement plan review and checking, and must be confirmed by the City Engineer prior to the approval of the improvement plans.

72. A note shall be added to the Improvement Plans, stating “This project is required to meet all requirements of the State of California State Water Resources Control Board National Pollutant Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009- DWQ, NPDES No. CA S000002 (General Order) regarding storm water erosion control.

All mass grading shall be completed between May 1st and October 15th unless otherwise specifically approved by the City Engineer. If project construction activity is anticipated to extend beyond October 15th, the developer and/or contractor shall submit written notice to the City Engineer by September 15th of each year, requesting approval of wet weather construction activities. Wet weather construction activities may not be approved for sensitive sites. The project site shall be adequately winterized, and all Best Management Practices (BMP’s) shall be in place, and all disturbed areas adequately stabilized, before the onset of seasonal rains which may produce runoff or erosion, or no later than October 15th of each year, whichever occurs first. The City may issue Stop Work Notice and/or notify the Board of any violations of these provisions." Business Item 5g

If construction activity is proposed on the site during wet weather periods, the written notice required directly above shall request a meeting with City staff prior to October 1st to review anticipated construction activities during wet weather periods. The site's SWPPP, and the project site's calculated risk level, as determined in the PRD's, will be evaluated to determine whether construction activity during wet weather periods will be permitted. In the event that construction activities within wet weather periods are allowed, an additional general note shall to be included on the improvement plans, as follows:
a. All site inspections (including pre- and post-storm inspections) required by the General Order shall be faithfully performed and properly documented. In the event any erosion control provision fails to perform adequately, or as intended; or there is any observed erosion on, or sediment transport from, the project site, all construction activities shall immediately cease on the project, and notice provided to the Legally Responsible Person, the designated Qualified SWPPP Developer or Practitioner (QSD/QSP as designated in the project's PRD's), and the City Engineer.

The QSD/QSP shall provide direction for the repair of any failed erosion control BMP measure(s), and/or additional erosion/sediment control BMP's recommended to prevent further erosion or sediment transport. No additional new work shall be completed on the project until the failed erosion control BMP measures have been repaired to the satisfaction of the QSD/QSP and the City of Fortuna, and/or additional recommended erosion/sediment control BMP's have been properly installed. The QSD/QSP shall prepare a letter or memo to the City, acknowledging that repairs and/or additional BMP's have been completed to the QSD/QSP's satisfaction, prior to work resuming on the project.

73. All permits from outside agencies (if applicable) will be required prior to the approval of the improvement plans.

Miscellaneous Requirements:

74. A cement pad for a Cluster Box Unit (CBU) shall be poured, location to be approved in writing by the Post Office. The CBU shall be installed, or receipt showing payment of it shall be provided. If necessary, additional easements for the placement of the CBU shall be shown and dedicated on the final map.

75. Public utilities, including sewer, water, electricity, cable TV, gas, and telephone, shall be installed within the right-of-way within the subdivision and laterals shall be installed to each parcel, when necessary, in accordance with each utility’s rules and regulations. Utility poles and/or street lights shall be placed within the 10-foot wide utility easement. If necessary, any existing utility poles shall be relocated. The installation of public utilities shall be coordinated with and approved by the applicable utility. All laterals shall be marked for easy identification. Prior to the filing of the final map, the developer shall Business Item 5g

provide proof that financial arrangements have been made for installation of all public utilities to each lot of the subdivision.

76. If existing utility poles or street lights are located within widened roadway areas, the City will determine whether any necessary relocations will be relocated at the expense of the utility or the developer, in accordance with the Public Utilities Code, § 6297. Minimum ADA accessibility requirements shall be strictly maintained around all existing utility poles or street lights located within proposed sidewalk areas, either by granting additional easement or right-of-way, or fee simple dedication; and transitioning the sidewalk around the existing utility pole such that ADA requirements are met. If existing utility poles or street lights are required to be relocated to maintain ADA accessibility requirements within proposed sidewalk areas, or for public safety concerns, these relocations shall be completed at the sole expense of the developer. The City Engineer shall determine whether sidewalk transitions can be made in lieu of relocation of utility poles or street lights.

77. The applicant shall obtain a Demolition Permit from the City of Fortuna Building Department prior to demolition of any existing buildings on the project site.

PASSED AND ADOPTED on this 7th day of August 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_____________________________
Tami Trent, Mayor
______________________________
Siana Emmons, City Clerk
Business Item 5g

Attachment F
Findings for the CLK Kenmar Subdivision
I. The Fortuna Zoning Code, Section 16.08.060 requires that the approval of a parcel map be based on certain findings. Parcel maps may be approved only if they conform to the ordinances of the City. The following discussion presents the project in relation to the City’s ordinances:

A. The parcel map conforms to the General Plan:

The project is consistent with the General Plan because the General Plan land use map designates this area for single-family residential development of the type that is being proposed. The proposed project conforms to the General Plan policies in terms of land use, road standards and other infrastructure, environmental constraints, and health and safety issues and there are no other General Plan policies in conflict with this subdivision.

Fortuna General Plan Goals, Policies & Programs
Land Use Designation
Residential Low (RL)
This designation provides for single-family detached homes, secondary residential units, public and quasi-public uses, limited neighborhood-serving commercial uses, and similar and compatible uses. Residential densities shall be in the range of 3.0 to 6.9 units per gross acre. The FAR in this district shall not exceed 0.50.

Goal LU-1.5 Land Use Balance: The City shall promote the development of a healthy balance of residential, commercial, open space, institutional, and industrial businesses within the city.

Public Facilities & Services
Goal PFS-1: To ensure the efficient and cost-effective delivery of services and wellmaintained infrastructure systems, commensurate with the City’s ability to finance and operate.

Goal PFS-1.2 Adequate Public Facilities to Serve New Development: The City shall ensure through the development review process that adequate public facilities and services are available to serve new development when required.

Goal PFS-14: The City shall continue to implement a Storm Drainage Master Plan and Flood Protection Master Plan to assure adequate protection for residents and property.

All sections of the Fortuna General Plan were reviewed for this project, and it has been determined that there are no General Plan policies in conflict with this subdivision.

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B. The parcel map conforms to the Zoning Ordinance:

The zoning is Residential Single Family (R-1-6), which allows the creation of 6,000 square foot minimum lot sizes. The lots ranging between 6,014 square feet to 14,646 square feet, and a 1.77-acre remainder parcel meet the R-1-6 zone minimum lot size. The project also meets the standards of the R-1-6 zone in terms of minimum lot depth (60 feet) and minimum lot width (60 feet). The proposed development represents the principally permitted use allowed in this zone.

C. The parcel map conforms to the City’s Improvement Standards and Specifications:

With the improvements and easements required in the attached conditions of approval, the project will conform to the City’s Improvement Standards and Specifications.

CITY STANDARD: PROJECT COMPLIANCE: DISCUSSION/FINDING:

Road standards
High-Density Collector
Road
The new interior access road is
proposed to be developed with a
50-foot ROW.

City of Fortuna Improvement
Standards and Specifications
Sec. III.5.C., page 9.

Fire Department
Fortuna Fire District is satisfied with the fire safety provisions of the proposed development, as indicated in their referral comments dated 2/27/23. The Fire District will have approving authority on the Improvement Plans, pursuant to Condition 49.

Utilities
Waterline installation A hydraulic analysis to determine the ability of the city’s existing
water facilities to serve the
project will be required.

Water mains, as sized by the
developer’s engineer, and
approved by the City
Engineer, shall be extended
within the project in
accordance with the City of
Fortuna Improvement
Standards, Section V-3, page
15”
Sewerline installation A hydraulic analysis to determine the ability of the city’s existing
sewer facilities to serve the
project may be required, (at the
discretion of the City Engineer).

Sewer mains, as sized by the
developer’s engineer, and
approved by the City
Engineer, shall be extended
within the project in
accordance with the City of
Fortuna Improvement
Standards, Article VI –
Sanitary Sewers.

PG&E & SBC utility
installation
The existing system is located in
PUE and conforms to utility
standards. Utility companies
responded to the City referral and
Utility companies are to sign
improvement plans to
confirm that the final plans
conform to their standards.

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have no additional issues of
concern.

Preliminary Soils Report A Soils Report shall be prepared for the development, in
accordance with Section 66490,
et. seq., of the California
Government Code. Provisions of
the Drainage and Soils Report(s)
must be complied with during the
construction of any
improvements in order to ensure
site stability and that drainage
issues are addressed.

Under the Fortuna General
Plan section HA-5.7, soils
reports are required for all
subdivisions. The Map Act
allows soils reports to be
waived with tentative maps if
based on neighboring
developments, it is
determined that there is no
known soils hazards.

II. Findings for All Tentative Maps.

A. State Government Code 66473.1. “The design of the subdivision for which a tentative map is required pursuant to 66426 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision”.

The proposed subdivision will not interfere with future passive or natural heating or cooling. The proposed parcels will allow for and accommodate the design and orientation of buildings such that passive or natural heating or cooling opportunities exist.

B. State Government Code 66473.5. “No local agency shall approve a tentative map, or parcel map for which a tentative map is not required, unless the legislative body finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan …”.

The proposed project is consistent with the policies of the Fortuna General Plan, as discussed in section I.A.

C. In compliance with the Subdivision Map Act (California Government Code § 66474), if any of the following findings found in can be made, the tentative map shall be denied:
a. That the proposed map is not consistent with applicable general and specific plans as specified in Sec. 66451.

The proposed project is consistent with the policies of the Fortuna General Plan, as discussed in Section I.1.
b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

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The proposed project is consistent with the policies of the Fortuna General Plan, as discussed in Section I.1.
c. That the site is not physically suitable for the type of development.

The project site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. The project site is a developed part of the city, with adequate provision of public services and utilities. All access and services will remain the same. The site is relatively level, has no creeks, wetlands, or other sensitive communities, and is suitable for the development of a single-family residence.
d. That the site is not physically suitable for the proposed density of development.

The project is a subdivision on a relatively level lot and will result in 9 residential lots and a remainder. Development of the lots will meet the standards of the Fortuna Zoning Code, and as such will comply with density standards as reflected in minimum setbacks and building height. As shown on the tentative map, there is adequate room setbacks, access, and utilities. e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The parcel is located on a level lot, in an area of residential development. There are no unique wildlife features located on the site. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that all public services to the area will remain the same.

The proposed project is in the public interest as there will be a community benefit in the economic/residential opportunities.
f. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

The proposed development will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that all public services to the area will remain the same. The proposed project will result in 9 new single-family parcels for the purpose of residential development.

There is no potential for the proposed subdivision to result in serious public health problems. The project has been reviewed by the City Planning, Building, Engineering, and Public Works departments. The project has also Business Item 5g

been reviewed by the Fortuna Fire District and the County Environmental Health Department. There were no significant concerns regarding the proposed project. Applicable departmental conditions have been included in the Conditions of Approval.
g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The approximate location of existing and proposed easements are shown on the parcel map. The tentative map has been reviewed by the City Engineer and the City Surveyor to confirm the location of existing and proposed public services and existing and proposed easements. The project site will not conflict with any existing public easements.

III. Environmental Finding required pursuant to CEQA: This project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA), and qualifies for the exemptions described below.

Section 15332 - In-Fill Development Projects
Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services.

A. The subdivision is consistent with the Fortuna General Plan land use designation of Residential Low density (RL).

The General Plan allows the proposed uses at the proposed densities because the General Plan land use map designates this area for single-family residential development.

B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The project is located on a 1.43-acre parcel and an 8,031-square-foot parcel within the City of Fortuna and is substantially surrounded by urban residential uses. The project site does not include any Prime or Unique Farmland, or Farmland of Statewide Importance, as shown on any maps prepared pursuant to the California’s Farmland Mapping and Mitigation Program. Zoning for the site and surrounding neighboring land is Residential Single Family
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C. The project site has no value as habitat for endangered, rare, or threatened species.

The existing property is primarily open land/pasture land within a residential neighborhood. The project will not impact any riparian habitat, wetlands, or other sensitive natural communities. Grassy vegetation found on the site may be habitat to various species, but no species have been identified as special status.

D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

The project consists of a subdivision of two parcels, 1.61 acres in size, consisting of 9 residential parcels parcel 9 is developed with a single-family residence.

1. Traffic: Phase 2 of this project will add approximately 8 additional single-family residences to the existing residential area, however, it is not expected to have a significant impact on the performance of any transportation system.

2. Noise: The addition of eight residences and the existence of the single-family residence will not result in a significant increase in noise or air quality. Residential uses are not considered to be significant noise generators.

3. Air Quality: The North Coast Air Basin is non-compliant with regard to 24-hour and annual average particulate matter smaller than 10 microns in size (PM10). During construction, the project would generate a minor and temporary amount of particulate emissions in the form of dust, and vehicle and equipment emissions. The project would not result in any long-term increase in the emissions of particulate matter or other air pollutants. To reduce potential impacts to air quality, the City of Fortuna General Plan includes construction emission reduction measures.

4. Water Quality: Due to the size and nature of the project, it will require conformance with Section E.12 of the MS4 General Permit. Design measures will be implemented to ensure post-construction site stormwater runoff will be minimized using the County of Humboldt’s Low Impact Development Stormwater Manual V2.0.

Stormwater is expected to be retained on site and will not result in the construction of new or expansion of existing stormwater drainage facilities.

E. The site can be adequately served by all required utilities and public services.

The project is located in a developed area of the City where utilities and public services are existing and will be extended to the new lots within the new roadway and utility easements.
15300.2(c) Significant Effect.

A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no unusual circumstances on the site, as it is a vacant field that has been utilized and maintained for decades as a grazing pasture. The site is located within a heavily developed residential neighborhood, and is substantially surrounded by urban uses and populated areas.

Business Item 5h

STAFF REPORT
City Council Business Item
DATE: August 7, 2023
TO: City Council
FROM: Cameron Mull, Parks & Recreation Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Appointment of CalPERS Retired Annuitant to Extra Help Bus Driver 1 Position
STAFF RECOMMENDATION:

Consider adopting Resolution 2023-24, appointing Orlando Payne as a retired annuitant for the extra help part-time Bus Driver 1 position.

EXECUTIVE SUMMARY:

Orlando Payne was selected as the top candidate for a part-time Bus Driver 1 position, which is considered a permanent part-time position. He is a retired annuitant of CalFire, in which this agency (along with the City of Fortuna) falls under the CalPERS retirement system. State and Federal laws provide specific employment restrictions for retirees who return to work with an employer in the same public retirement system from which they receive a benefit. These restrictions are intended to prevent the “double dipping” of a retiree receiving a monthly retirement benefit while also receiving a salary from regular employment within that same retirement system.

Due to these restrictions he was not able to fill the permanent part-time Bus Driver 1 position.

However, due to the lack of qualified candidates it is being proposed by staff to hire Orlando as an extra help retired annuitant. According to CalPERS retirement regulations, a retired employee returning to work for another CalPERS agency has stipulations where employees continuing beyond retirement cannot exceed 960 hours per fiscal year. The limitation of working 960 hours or less per fiscal year equates to about 18 hours per week of work. This request is for City Council to adopt a resolution in order to hire Orlando Payne in the position of extra help Bus Driver 1 as a retired annuitant.

FISCAL IMPACT:

This position will fall under the existing pay scale for the Bus Driver 1 position in the City’s budget, so there would be no additional financial expense to the City’s current budget since the permanent part time position is currently vacant. Should the permanent part time job be filled then Orlando’s employment with the City would be terminated.

Business Item 5h

RECOMMENDED COUNCIL ACTION:

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

2. Open Public Comment

3. Close Public Comment

4. Motion to adopt Resolution 2023-24 and read by title only. Roll call vote.

ATTACHMENT:
 Resolution 2023-24; A Resolution of the City Council of the City of Fortuna Appointing Retired Annuitant Orlando Payne as an extra help Part-Time Bus Driver 1.  A Guide to CalPERS Employment After Retirement
RESOLUTION NUMBER 2023-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FORTUNA APPOINTING RETIRED ANNUITANT ORLANDO PAYNE AS
AN EXTRA HELP PART-TIME BUS DRIVER 1
WHEREAS, Government (Gov.) Code section 7522.56, 21224, 21227, and 21229 of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to an extra help position requiring specialized skills of limited duration or employment is needed during an emergency, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City of Fortuna and Orlando Payne certify that Orlando Payne has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $19,299.84 and the hourly equivalent is $20.1040; and
WHEREAS, the hourly rate paid to Orlando Payne will be $17.8724; and WHEREAS, Orlando Payne has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council of the City of Fortuna hereby certifiesthe nature of the employment of Orlando Payne for extra help and that this appointment is necessary to fill the position of Retired Annuitant Bus Driver 1 by 8/7/2023.

PASSED and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 7th day of August 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
___________________________
Tami Trent, Mayor
ATTEST:
___________________________
Siana Emmons, City Clerk
A Guide to CalPERS
Employment After
Retirement
learn consider decide
Working After Retirement?
Know the Rules
If you are planning to supplement your CalPERS pension by working after retirement, you need to know there are specific laws governing the type, timing, and amount of work you can accept without affecting your pension.

You should fully understand the rules surrounding employment after retirement and the consequences of unlawful employment.

This publication is designed to help you navigate those rules and help you avoid these potential pitfalls:
• Termination of your monthly CalPERS retirement allowance • Reinstatement from retirement
• Repayment of retirement benefits already received
• Payment of retroactive retirement contributions and interest • Loss of cost-of-living increases
• Loss of golden handshake benefits
This publication also provides information about working for a CalPERS employer as an independent contractor, contract employee, or through a third-party employer, such as a temp agency. Additional CalPERS publications referenced within can be obtained on our website at www.calpers.ca.gov or by calling us at 888 CalPERS (or 888-225-7377).

Contents
Introduction . . . . . . . . . . . . . . . 2
Post-Retirement Employment Scenarios . . . . . 5
Retired Annuitant Rules . . . . . . . . . . . 7
Independent Contractor Employment . . . . . 12
Disability Retirees – Additional Requirements
and Restrictions . . . . . . . . . . . . . 14
How to Contact Us . . . . . . . . . . . . 18
Visit Your Nearest CalPERS Regional Office . . . 19
Privacy Notice . . . . . . . . . . . . . 20
2 Introduction
Terms and Definitions
The following table lists key terms and definitions used in this publication .

Term Definition
Reinstatement Returning from retirement status to active employment with a CalPERS employer . Your retirement allowance is terminated until you re-retire in the future . You and your employer also resume making retirement contributions, and you earn service credit .

CalPERS Retiree An employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance .

Retired Annuitant A CalPERS retiree working as an at-will employee for a CalPERS employer without reinstating from retirement .

Termination of Retirement The cancellation of your monthly retirement allowance .

Unlawful Employment Retiree employment found to be in violation of the retirement law and regulations .

Partial Service Retirement
An alternative to service retirement and working
as a retired annuitant is partial service retirement .

This benefit is available to full-time state
miscellaneous, full-time state industrial, and
full-time public agency employees whose employer
contracts for this benefit . Partial service retirees are not subject to the working after retirement rules .

The benefit works this way: With employer
approval, an employee who meets the eligibility
requirements can reduce his or her work time by
at least 20% but not more than 60% and receive
a retirement allowance for the balance .

For more information about partial service
retirement, contact your employer and ask if they
contract for this benefit and see A Guide to Your
CalPERS Partial Service Retirement (PUB 14) .

Volunteering for a CalPERS Employer
After Retirement
You may serve as a volunteer for a CalPERS
employer after your retirement . Service as a bona
fide volunteer is not subject to retired annuitant
restrictions . However, you may not volunteer
in a position that is normally compensated,
and you may not volunteer in order to avoid
retired annuitant restrictions . Service that is
not in a bona fide volunteer position will have
to comply with retired annuitant restrictions .
3 Before You Retire

1. Apply for Retirement and Select a Retirement Date
Separation from employment alone is not considered
retirement—you must submit a retirement
application to CalPERS to complete the retirement
process . You must stop working in all CalPERScovered employment, including all full-time and part-time positions and any elected or appointed
offices for which you have CalPERS membership .

Please consider employment that you may be
working in as noncontributory . If you cease working
in a full-time position, noncontributory part-time
positions will become contributory if you do not
separate from them prior to retirement .

It is your responsibility to inform every CalPERS
employer of your planned retirement date so that
each employer can submit permanent separation
information on your behalf . Your retirement date
can be no earlier than the day after your last day
on payroll with any CalPERS employer .

2. Determine your “Normal Retirement Age”
You will want to know how we define “normal
retirement age” if you intend on working for a
CalPERS employer after retirement; this age
determines if you will be subject to the bona fide
separation requirement . Federal tax law and
California retirement law require a retiring member
who is younger than normal retirement age on his
or her retirement date to meet a bona fide separation
in service before working after retirement for a
CalPERS employer .

Normal retirement age for CalPERS purposes is
the age listed in your retirement benefit formula,
for example, age 55 for the 2% at 55 formula or
age 62 for the 2% at 62 formula . However, maximum
normal service retirement age is never greater than
62, even for the 1 .25% at 65 formula .

If your retirement allowance is based on more than
one formula, regardless of when that formula was
earned, the oldest benefit formula age determines
your normal retirement age . If you are younger than
the age in that formula on your retirement date,
please refer to the “Bona Fide Separation in Service
Requirement” section on page 8 .

To determine your normal retirement age, please
access your myCalPERS account through our
website . Your normal retirement age is listed on
the home page . You can also refer to your CalPERS
Annual Member Statement or contact CalPERS .

To view your most recent Annual Member
Statement, log in to your myCalPERS
account at my.calpers.ca.gov .

Restrictions on Post-Retirement
Employment
State and federal laws provide specific employment
restrictions for retirees who return to work with an
employer in the same public retirement system from
which they receive a benefit .

These restrictions are intended to prevent the
“double-dipping” of a retiree receiving a monthly
CalPERS retirement benefit while also receiving a
salary from permanent or regular staff employment
with a CalPERS employer . Retirees may work in
retired annuitant positions only . See “Retired
Annuitant Rules” beginning on page 7 . Disability
retirees are subject to additional requirements and
restrictions . Also see “Disability Retirees – Additional Requirements and Restrictions” beginning on
page 14 .

Introduction (continued)
4 When applying for employment with any employer,
it is your responsibility to:
• Ask if the employer contracts with CalPERS for
retirement benefits .
• Inform the employer you are a CalPERS retiree
(receiving a retirement benefit from CalPERS) and
specify the type of retirement, whether service,
disability, or industrial disability .
• Apply for retired annuitant positions only .

Disability retirees may work in a permanent
position upon receipt of CalPERS’ written preapproval . See “Working for a CalPERS Employer in a Permanent Capacity After Disability Retirement”
beginning on page 15 .

You and the employer are responsible
for ensuring your employment complies
with the retirement law when hired
and during the entire course of your
employment . Violating these laws and
restrictions could financially impact you,
so it is advised that you be aware of these
laws and ensure you are in compliance .

Termination of Retirement
(Reinstatement From Retirement)
Due to Unlawful Employment
Any retiree employment found to be
in violation of the retirement laws and
regulations is unlawful employment . If
you are found to be employed in unlawful
employment, you will be financially impacted
due to the violation . This could result in your
reinstatement from retirement, retroactive
to the date the unlawful employment began .

If reinstated, your retirement allowance (pension
payments) will stop and you will be required to
reimburse CalPERS the amount of retirement
allowance you received during the period of
unlawful employment . In addition, you will pay
your employer the member contributions plus
interest owed retroactive to your reinstatement
date . The employer who unlawfully employed
you will submit your member contributions
and pay employer contributions plus interest
owed retroactive to your reinstatement date .

When you re-retire, please be aware that your
new retirement may not include the same
benefits you had with your previous retirement .

Reinstatement may result in a loss of medical
coverage and adversely affect other benefits from
your prior retirement, such as a golden handshake or
reciprocity, if another system’s final compensation
was used to calculate your CalPERS allowance .

For information about voluntary reinstatement from
retirement into active employment, review A Guide
to CalPERS Reinstatement From Retirement (PUB 37) .

Introduction (continued)
5 Post-Retirement Employment Scenarios
Private Sector Employment
If you are a service retiree, you can work for a
private industry employer not associated with any
CalPERS employer without restrictions and continue
to receive your CalPERS retirement allowance .

If you are a disability retiree, there are restrictions on the work you can do for a private industry
employer . If you retired on a disability or
industrial disability, be sure to review the
“Disability Retirees – Additional Requirements
and Restrictions” section beginning on page 14 .

If you are either a service retiree or a disability
retiree, and you want to work for a private sector
employer who provides a service to a CalPERS
employer, please see the section on “Independent
Contractor Employment” beginning on page 12 .

Employment in Other Public
Retirement Systems
If you are a service retiree, you can work
without restrictions in a position that qualifies
for membership in any other public retirement
system without terminating your CalPERS
retirement and continue to receive your CalPERS
allowance . This includes certificated (teaching)
positions covered by the California State
Teachers’ Retirement System (CalSTRS) .

If you are a disability retiree, there are restrictions on working for an employer in a different
public retirement system . See the section on
“Disability Retirees – Additional Requirements
and Restrictions” beginning on page 14 .

CalPERS/CalSTRS Election
The retirement system election to elect coverage
under CalSTRS for a CalPERS-covered position or
CalPERS for a CalSTRS-covered position under
Government Code section 20309 only applies
to active members . Retirees are ineligible for
this election .

Employment in JRS II
For information about employment in positions that
qualify for membership in the Judges’ Retirement
System II, please call (916) 795-3688 .

Working for a CalPERS Employer
If your post-retirement plans include working
for a CalPERS employer, you have these options:
reinstating from retirement, working as an
independent contractor, or retired annuitant
employment . Disability retirees have another option,
which is to work in a permanent position under
Government Code section 21232 . If you retired on a
disability or industrial disability, there are additional restrictions on the work you can do while retired .

Please review the “Disability Retirees – Additional
Requirements and Restrictions” section beginning
on page 14 for information on that option .

Voluntary Reinstatement From Retirement
You should only apply for and accept a regular
staff position with a CalPERS employer if you are
voluntarily reinstating from retirement, and you and
the employer have completed the Reinstatement
From Service Retirement Application form or the
Reinstatement From Disability/Industrial Disability
Retirement Application form . For more information
about voluntary reinstatement from retirement
into active employment, review A Guide to CalPERS
Reinstatement From Retirement (PUB 37) .
6 Independent Contractor Employment
You can be lawfully employed by a CalPERS employer
as an “independent contractor” or as an “employee
of a third-party employer,” including your own
business entity, if there is no common law employeremployee relationship between you and the CalPERS employer . Please see the section on “Independent
Contractor Employment” beginning on page 12 .

Retired Annuitant Employment
A retired annuitant is a CalPERS retiree who works
as an at-will employee of a CalPERS employer with
certain restrictions to avoid jeopardizing his or
her retirement allowance (pension payments) .

As a retired annuitant, you do not accrue service
credit or otherwise acquire any additional retirement
benefits from the employment . If you intend to
remain retired and work for a CalPERS employer,
you should only apply for and accept a retired
annuitant position . Appointment to any permanent
or regular staff position (part or full time,
intermittent, hourly, seasonal, on call, exempt
from civil service, exempt from membership, etc .)
requires reinstatement from retirement . This
applies to all CalPERS member classifications
(miscellaneous, safety, police, fire, etc .) .

Post-Retirement Employment Scenarios (continued)
7 Retired Annuitant Rules
There are two types of retired annuitant
employment: “extra help” and interim (or acting)
“vacant position” employment .

Extra Help Positions
The retired annuitant employment restrictions for
extra help positions are authorized by Government
Code sections 7522 .56, 21224, 21227, and 21229 . All
CalPERS-covered employers are able to use retirees
to fill in for extra help positions . However, your
employment must meet the following restrictions:
• Limited-Duration Work
You have skills needed to perform work of limited
duration or your employment is needed during an
emergency (such as floods, earthquakes, etc .) to
prevent stoppage of public business . While these
workloads may last more than one fiscal year, the
employment should terminate when the limitedduration work you were hired to perform is completed . Examples of work of limited duration
are work to eliminate a backlog, work on a special
project, and work that is in excess of what regular
staff can do . You cannot be employed in any
regular staff position such as “seasonal,”
“permanent intermittent,” “exempt from civil
service,” “exempt from membership,” “TAU,” or
any other “temporary” position other than a retired
annuitant position .
• Compensation
The hourly pay rate you receive cannot be less
than the minimum or exceed the maximum paid
to other employees performing comparable duties
as listed in the employer’s publicly available pay
schedule . Also, you cannot receive any benefit,
incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay
rate . For example, longevity compensation, sick
leave, or vacation benefits cannot be provided to a
retired annuitant . The only exception would be if
the employee is being reimbursed dollar for dollar
for job-related expenses .
• 960-Hour Limit
The hours you work cannot exceed 960 hours in a
fiscal year (July 1 through June 30) for employment
with all CalPERS employers combined . There are
no exceptions to this limit. Your hours will reset
each July 1, and you can work another 960 hours
for the new fiscal year . Your employer must enroll
and report your hours to CalPERS, per Government
Code section 21220 . Your employer-reported
retired annuitant hours can be viewed in your
myCalPERS account . You are able to view your
total employer-reported hours from all employers
for the current fiscal year .

California State University (CSU) academic
staff retirees can work as retired annuitant
academic staff for CSU employers as
authorized by Government Code sections
7522 .56 and 21227 . However, the hours
worked for all CSU employers cannot exceed
960 hours in a fiscal year or 50% of the
hours employed during the last fiscal year
prior to retirement, whichever is less .
• Unemployment Insurance Payments
You cannot be appointed as a retired annuitant if
you received unemployment insurance payments
for prior retired annuitant work for any CalPERS
employer within 12 months prior to your
appointment date . Upon accepting employment,
you must certify in writing to the employer that
you comply with this requirement . See additional
information in the section “Unemployment
Insurance Payments” on page 9 .
8 Vacant Positions
A CalPERS-contracted public agency may appoint
you to an interim position by the governing body
of an employer, as authorized by Government Code
sections 7522 .56 and 21221(h) . The employment
must meet all the requirements on page 7 for
extra help positions and the following additional
requirements below . Examples of these positions
include city manager, police chief, fire chief,
individual department head, director, CEO, etc .
• Active Recruitment
Before you are hired, the employer must have
in place an active recruitment for a permanent
replacement for the vacant position .
• Limited-Duration Work
You can be hired only as an interim or acting
appointment during the period of recruitment;
you cannot work in a permanent capacity or for
an indefinite period of time .
• Single Appointment
You can be appointed only once to the vacant
position . If your contracted term ends and a
replacement has not been found, then you must
vacate the position . If you continue after your
contracted term expires, this is considered a
second appointment .
• Compensation
Your hourly pay rate cannot be less than the
minimum or exceed the maximum for the
vacant position as listed on the employer’s
publicly available pay schedule . You cannot
receive any benefit, incentive, compensation in
lieu of benefits, or other form of compensation
in addition to the hourly pay rate .

Eligibility Requirements for
Retired Annuitants
In addition to the requirements on the previous
pages, all retirees must meet both of the following
two requirements to be eligible to work for a
CalPERS employer:

1. Bona Fide Separation in Service Requirement
You cannot be employed as a retired annuitant if
you are younger than the “normal retirement age”
on your retirement date, unless both of the following
conditions are met:
• There was no verbal or written agreement to
return to work as a retired annuitant between you
and any CalPERS employer before you retired .
• There is a termination of employment (separation
in service) for 60 days between your retirement
date and the date your limited-duration
employment as a retired annuitant will begin .

Normal retirement age is the oldest age
listed in your retirement benefit formulas .

To find this age, log in to your myCalPERS
account at my.calpers.ca.gov .

All retirees who are under normal retirement age
at retirement must meet the bona fide separation
in service requirement even if an exception to the
180-day wait period applies . These two requirements
may be served concurrently . The only exception to
this restriction is for employment due to the specific
emergency conditions as defined in Government
Code section 8558 . This bona fide separation
requirement is in California retirement law and
regulations to comply with Internal Revenue Code
tax regulations .

Retired Annuitant Rules (continued)
9 2. 180-Day Wait Period Requirement
You cannot be employed as a retired annuitant for a
period of 180 days after your retirement date, unless
you qualify for one of the following exceptions . The
180-day wait period begins on your retirement date .

Exceptions
• Before you begin work, your employer must
certify the nature of the employment and that
the appointment is necessary to fill a critically
needed position sooner than 180 days . The
appointment must be approved by the employer’s
governing body, in a public meeting, and must
be approved as an action item, rather than on
a consent calendar .
• You will participate in the California State
University’s (CSU) Faculty Early Retirement
Program (FERP) pursuant to a collective
bargaining agreement with CSU that existed
prior to January 1, 2013, or has been included
in subsequent agreements .
• You are a retired firefighter or retired public
safety officer as defined in Government Code
section 3301 (peace officer) who will perform
firefighter or peace officer retired annuitant work .
• You are a CalSTRS retiree who is subject to
sections 24212, 24214 .5, or 26812 of the Education
Code . Call CalSTRS at (800) 228-5453 for more
information .

If you receive a golden handshake or any other
retirement or separation incentive, you must wait
180 days before returning to work and you are not
eligible for any of the 180-day wait period exceptions .

State Employer Civil Service
Eligibility Requirement
Retired annuitant employment with a state
agency is limited to retirees who have civil
service eligibility from previous state agency
employment or who qualify for appointment
under an applicable civil service employment
list . Visit the California Department of Human
Resources website at www.calhr.ca.gov for more
information . Retired State of California employees
can apply for retired annuitant positions via the
Boomerang website at boomerang.ca.gov .

Unemployment Insurance Payments
California law prohibits appointment of a retired
annuitant by a CalPERS employer if, during the
12-month period before an appointment, you
received unemployment insurance compensation
for prior retired annuitant employment with any
CalPERS employer . Upon accepting employment,
you must certify in writing to the employer
that you comply with this requirement .

If you are working as a retired annuitant and it is
discovered that during the previous 12 months you
were paid unemployment insurance compensation
based on prior retired annuitant employment with
any CalPERS employer, your employment must
be terminated on the last day of the current pay
period . You will not be eligible for appointment as
a retired annuitant with any CalPERS employer for
12 months following the termination date of the
current employment . Violation of this unemployment
insurance compensation restriction does not result
in mandatory reinstatement from retirement .

Retired Annuitant Rules (continued)
10 Exceptions to Retired Annuitant
Requirements
Elected or Appointed Offices
You can serve in an elected or appointed office
after retirement without reinstatement from
retirement . However, if you serve without
reinstatement and part or all of your retirement
allowance is based on service in that elected or
appointed office, the portion of your allowance
based on service in that office must be suspended
for your time in office . When you leave office, your
allowance will be unsuspended going forward .

If you wish to elect membership to earn additional
CalPERS service credit for your time in the elected or
appointed office and that office is subject to CalPERS
membership, you must reinstate from retirement .

If you are serving in an elected or appointed
office for which you have CalPERS membership
and wish to retire before your term expires,
you must resign from that office .

If you are serving in an elected or appointed
office for which you have not elected CalPERS
membership and wish to retire before your term
expires, you do not have to resign from that office .

Special State Appointments
Part-Time Member of State Board or Commission –
CalPERS Retirees and Non-CalPERS Retirees
You can serve without reinstatement from retirement
as a salaried part-time member of a state board
or commission, where part time is defined as
an appointment with a salary of no more than
$60,000 annually, which will be increased in
any fiscal year in which a general salary increase
is provided for state employees . The amount
of the increase cannot exceed the percentage
of the general salary increases provided for state
employees during that fiscal year . You acquire
no benefits, service credit, or retirement rights
from this employment .

Full-Time Member of State Board or Commission –
CalPERS Retirees
You can serve without reinstatement from
retirement as a non-salaried full-time member
of a state board or commission . You may receive
only per diem authorized to all members of
the board or commission . You do not earn any
service credit or benefits in CalPERS, or make
any CalPERS contributions . If you accept the
salary, you must reinstate from retirement .

Full-Time Member of State Board or Commission –
Non-CalPERS Retirees
If you receive retirement from a public retirement
system other than CalPERS, you can serve as a
non-salaried full-time member of a state board
or commission and continue to receive your
retirement allowance in addition to any per
diem authorized to all members of the board or
commission . If you accept the salary, you must
suspend your retirement benefit from the other
system and enroll as a new member of CalPERS .

Upon retirement (1) the pensionable compensation
earned from the service on this board or commission
will not be eligible for reciprocity with any other
retirement system or plan, and (2) you will be
entitled to future reinstatement of any suspended
benefits, including employer-provided retiree health
benefits, for which you were entitled at the time
of appointment to the board or commission .

Retired Annuitant Rules (continued)
11 Full-Time Commissioner of the State Board
of Parole Hearings or Full-Time Commissioner
of the State Board of Juvenile Hearings –
CalPERS Retirees and Non-CalPERS Retirees
If you are appointed as a full-time commissioner
of the California Board of Parole Hearings or the
California Board of Juvenile Hearings, you may
serve without reinstatement from retirement,
and without loss or interruption of benefits
provided by the retirement system . These
appointments are made by the Governor and
require confirmation by the California Senate .

Retired Annuitant Rules (continued)
12 Independent Contractor Employment
You can be lawfully employed by a CalPERS
employer as an “independent contractor” or as
an “employee of a third-party employer,” including
your own business entity, without restrictions if there is no common law employer-employee relationship
between you and the CalPERS employer .

If a common law employer-employee relationship
exists, the employment is subject to the retired
annuitant restrictions even if the employment
agreement claims to be for an independent
contractor . If the work you will perform is the
same or similar to work you performed as an
active employee or is work performed by an active
employee of that employer, an employer-employee
relationship exists and the employment is subject
to the retired annuitant restrictions .

If you work as a supposed independent contractor
and are later determined to be an employee and
that employment violates any of the retired annuitant
restrictions, your retirement will be terminated .

See “Termination of Retirement (Reinstatement
From Retirement) Due to Unlawful Employment”
on page 4 for details .

Independent Contractor or
Third-Party Employee
Independent contractors are not “employees”
and are excluded from membership in CalPERS
by Government Code section 20300(b) . A true
independent contractor or third-party employee
is someone who contracts to provide a service or
complete a task according to his or her own methods .

This person is not subject to the contracting entity’s
control as to the end product, final result of work, or manner and means by which the work is performed .

We use the “common law control test” as a guide to
determining independent contractor status . Many
factors are considered, including the manner and
means by which the work is accomplished . We
will request and use all relevant information that
provides evidence of the degree of control of the
work being performed to make a determination .

The common law control test is a guide
to determine whether a worker should
be classified as an employee or an
independent contractor .

You cannot be hired as an independent contractor
or as an employee of a third-party employer for
a position established by statute, city charter,
or municipal code . Examples of these positions
are city manager, police chief, fire chief, etc .
13 Independent Contractor Determination
To ensure a proposed employment agreement or
position is a true independent contractor position,
we recommend you obtain an independent
contractor determination from CalPERS
before you begin any such employment .

If you would like us to review your proposed
independent contractor service agreement,
please send the complete agreement by
mail, email, or fax as shown below . We will
review the contract within 60 days .

Mail:

Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Email: Membership_Reporting@calpers .ca .gov
Fax: (916) 795-4166
Independent Contractor Employment (continued)
14 Disability Retirees – Additional Requirements
and Restrictions
In addition to being subject to all the rules and
restrictions mentioned on the previous pages,
disability and industrial disability retirees are
subject to the following additional eligibility
requirements and restrictions.

If you are a disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer in
a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” on page 15 for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• If you are under the minimum service retirement
age (50, 52, or 55) and work for a non-CalPERScovered employer, your retirement benefit will be subject to an earnings limit under Government
Code section 21432 .
− You are required to report your gross
earnings to CalPERS annually .
− The total employer-paid portion of your
monthly retirement allowance and your new
gross earnings cannot be greater than the
current compensation of the position from
which you retired . If the total is greater, your
retirement allowance will be reduced .
− Once you reach your minimum service
retirement age, your employment is no longer
subject to an earnings limit (Government Code
section 21432) . Call us toll free at 888 CalPERS
(or 888-225-7377) to request a Disability
Retiree’s Report of Earnings form .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition
to determine whether you should be reinstated
from retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment
is in a position similar to the one from which
you retired .
15 If you are an industrial disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer
in a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• Your retirement benefit is not subject to an
earnings limit if you work for a non-CalPERScovered employer per Government Code section 21432, even if you are under the minimum service
retirement age .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition to
determine whether you should be reinstated from
retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment is in a
position similar to the one from which you retired .

Working for a CalPERS Employer
in a Permanent Capacity After
Disability Retirement
Under Government Code section 21232, disability
or industrial disability retirees may seek permanent
employment while receiving retirement benefits
with CalPERS’ written pre-approval . However,
certain restrictions apply .

Your job duties must differ significantly from those
required in the position from which you retired . The
position should not be the same position from which
you retired or in the same member classification, and
the position should not include duties or activities
you were restricted from performing at the time of
your retirement . If you are approved to work, you will be required to report your earnings to CalPERS and
your retirement allowance will be subject to an
earnings limit .

To be eligible for employment, you must first meet
the following requirements (refer to specific sections
in this publication):
• The bona fide separation requirement,
if applicable .
• The 180-day wait period requirement or an
allowable exception .
• No receipt of unemployment insurance payments
for previous retired annuitant employment for
12 months before the appointment .
• State Employer Civil Service Eligibility for
employment with a state agency employer .

Disability Retirees – Additional Requirements and Restrictions (continued) 16 Applying to Work Under Government
Code Section 21232
You must have CalPERS’ written approval before
beginning employment . To request approval to
work for a CalPERS employer in a permanent parttime or full-time position while receiving disability or industrial disability benefits, you must submit
the following required documents to CalPERS:
• Request to Work While Receiving Disability/
Industrial Disability Retirement Benefits form
− You complete and sign Section 1 .
− Your prospective employer
completes and signs Section 2 .
• Physical Requirements of Position/
Occupational Title form
− You and your prospective employer must
complete all sections and sign jointly .
• Position duty statement
− Submit to CalPERS a position duty
statement provided by your prospective
employer that describes the permanent
position in which you wish to work .
• Current medical report(s)
− You must schedule an appointment with
a specialist for the disabling condition(s)
that precluded you from working, and
you must provide the specialist with a
copy of the position duty statement and
the completed Physical Requirements
of Position/Occupational Title form .

Disability Retirees – Additional Requirements and Restrictions (continued) − Provide to CalPERS a current medical report
from that specialist . If you had more than one
disabling condition at the time of retirement,
you must provide a medical report on
appropriate letterhead from each medical
specialist . The specialist(s) must include the
following pertinent information in their
medical report:
• Your name and the date of the most
recent examination .
• Confirmation that the specialist reviewed
and discussed with you the position duty
statement (by title) and the Physical
Requirements of Position/Occupational
Title form .
• Whether you have any limitations or
restrictions to performing all tasks involved .
• Specific details explaining the restrictions,
if any .
• Specialist’s signature, printed name,
medical specialty, and contact information .
• Additional required documents –
local safety retirees
− If you are a local safety disability or local
safety industrial disability retiree, you must
also submit the medical documentation
used at the time of your retirement identifying
the restrictions placed upon you . You must
also submit a position duty statement
describing the position you held when
you became disabled .
• Physician’s Report on Disability form is not required .

All the forms are available on our website
at www.calpers.ca.gov .
17 Disability Retirees – Additional Requirements and Restrictions (continued) For CalPERS to begin the determination process,
which can take approximately three months to
complete, you must submit all required documents
with your request form . There are times when
we may require additional information or an
independent medical examination to supplement
your medical specialist’s report . If so, we will
select the medical specialist, schedule the
appointment, and pay for the examination .

All permanent employment under
Government Code section 21232
requires CalPERS’ written approval prior
to employment; there are no exceptions .

If you violate this law, you and your employer
will be responsible for the unlawful
employment . This could result in your
mandatory reinstatement from retirement
into the current position, whether or not
the permanent position is part time or
full time . See “Termination of Retirement
(Reinstatement From Retirement) Due to
Unlawful Employment” on page 4 for details .

Once Approved Under Government
Code Section 21232
Retirees approved to work under Government
Code section 21232 do not accrue service credit
or otherwise acquire retirement rights for
employment as a retiree .

You will be informed of the amount of your earnings
limit and how to report your earnings . The total
employer-paid portion of your monthly retirement
benefit and your new earnings cannot be greater
than the current compensation of the position from
which you retired . If it is greater, your retirement
benefit will be reduced . The earnings limitation
continues as long as you are employed in the
approved position; it does not end when you
reach your service retirement age .

If you wish to change to a different employer,
change job location, change to a different job
(demotion, reclassification, lateral transfer,
promotion, etc .), or restart employment in
a previously approved position, you must
reapply to CalPERS and await our written
approval before beginning employment .

If you do not receive prior written approval,
you will be considered unlawfully employed
and subject to reinstatement, i .e ., termination
of retirement . There are no exceptions to
this requirement .

You cannot be concurrently employed in any other
positions (retired annuitant, other temporary
position, or another permanent position) with the
employer you are approved to work for or any other
CalPERS-covered employer(s) . If you are found in
violation of this requirement you will be subject to
mandatory reinstatement from retirement into the
approved position . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
18 How to Contact Us
Experience CalPERS
Through Social Media
Connect with us to get the latest
CalPERS news .

Find Us Online
www.calpers.ca.gov
Learn about your benefits and
subscribe to email alerts . You’ll also
find all our publications and forms .
my.calpers.ca.gov
Log in to access your account
information or send us a
secure message .
news.calpers.ca.gov
Stay up to date on CalPERS news
that matters to you .

Write to Us
California Public Employees’ Retirement System
Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Call Us
Our offices are open Monday through Friday,
8:00 a .m . to 5:00 p .m . We’re closed on state holidays .

Toll free: 888 CalPERS (or 888-225-7377)
TTY: (877) 249-7442
Fax: (800) 959-6545
International Calls: +1 916-795-3000
¿Hablas Español?
Para servicio en español marque:
888 CalPERS (o 888-225-7377)
19 Visit Your Nearest CalPERS Regional Office
Go to www.calpers.ca.gov/regionaloffices
to learn how to make an appointment and
prepare for your visit .

Sacramento Regional Office
Lincoln Plaza East
400 Q Street
Lincoln Plaza East, Suite 1820
Sacramento, CA 95811
San Bernardino Regional Office
650 East Hospitality Lane, Suite 330
San Bernardino, CA 92408
Walnut Creek Regional Office
Pacific Plaza
1340 Treat Blvd ., Suite 200
Walnut Creek, CA 94597
San Jose Regional Office
181 Metro Drive, Suite 520
San Jose, CA 95110
Fresno Regional Office
10 River Park Place East, Suite 230
Fresno, CA 93720
Glendale Regional Office
Glendale Plaza
655 North Central Ave ., Suite 1400
Glendale, CA 91203
Orange Regional Office
500 North State College Blvd ., Suite 750
Orange, CA 92868
San Diego Regional Office
7676 Hazard Center Drive, Suite 350
San Diego, CA 92108
20 Privacy Notice
The privacy of personal information is of the utmost
importance to CalPERS. The following information is
provided to you in compliance with the Information
Practices Act of 1977 and the Federal Privacy Act of 1974.

Information Purpose
The information requested is collected pursuant to the
Government Code (sections 20000 et seq.) and will be
used to conduct CalPERS Board of Administration duties
under the Public Employees’ Retirement Law, the Social
Security Act, and/or the Public Employees’ Medical and
Hospital Care Act, as the case may be. Submission of the requested information is mandatory. Failure to submit
the required information may result in CalPERS being
unable to perform its functions regarding your status.

Please do not include information that is not requested.

Social Security Numbers
Social Security numbers are collected either on a
mandatory or voluntary basis. If this is CalPERS’ first request for disclosure of your Social Security number,
then disclosure is mandatory. If your Social Security
number has already been provided, disclosure is
voluntary. Due to the use of Social Security numbers
by other agencies for identification purposes, we
may be unable to verify eligibility for benefits without the number.

Social Security numbers are used for the
following purposes:

1. Enrollee identification

2. Payroll deduction/state contributions

3. Billing of contracting agencies for employee/
employer contributions

4. Reports to CalPERS and other state agencies

5. Coordination of benefits among carriers

6. Resolving member appeals, complaints, or
grievances with health plan carriers
Information Disclosure
Portions of this information may be transferred to other state agencies (such as your employer), physicians, and insurance carriers, but only in strict accordance with
current statutes regarding confidentiality.

Your Rights
You have the right to review your membership files
maintained by CalPERS. For questions about this notice, our Privacy Policy, or your rights, please write to:

CalPERS
CalPERS Privacy Officer
400 Q Street
Sacramento, CA 95811
You may also call us at 888 CalPERS (or 888-225-7377).

CalPERS is governed by the Public Employees’ Retirement Law and the Alternate Retirement Program provisions in the Government Code, together referred to as the Retirement Law. The statements in this publication are general. The Retirement Law is complex and subject to change. If there is a conflict between the law and this publication, any decisions will be based on the law and not this publication. If you have a question that is not answered by this general description, you may make a written request for advice regarding your specific situation directly to the CalPERS Privacy Officer at 400 Q Street, Sacramento, CA 95811.

California Public Employees’
Retirement System
400 Q Street
P .O . Box 942701
Sacramento, California 94229-2701
888 CalPERS (or 888-225-7377)
www.calpers.ca.gov
PUB 33
June 2023
2023.6.1
Business Item 5i

STAFF REPORT
City Council Business Item
DATE: August 7, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Professional Services Agreement with California Consulting for Reconnecting Communities Grant for the Kenmar Interchange Improvements
STAFF RECOMMENDATION:

Authorize the City Manager to negotiate and execute a contract with California Consulting, Inc. to complete two Reconnecting Communities Grants for the Kenmar Interchange Improvement in an amount not to exceed $18,000.

BACKGROUND:

The City’s General Plan identified that the Kenmar Interchange would need to be improved to be able to accommodate the traffic generated by the City’s planned growth. Mitigation measures were included in the General Plan Programmatic Environmental Impact Report that call for improving city intersections when financially feasible or as development occurs to maintain the level of service (LOS) at acceptable levels.

It is anticipated with the City’s planned growth that the Kenmar Interchange with Highway 101 will not operate at and acceptable level of service without mitigation. Additionally, there are not bike, or pedestrian facilities that allow crossing of Highway 101 to the Riverwalk Area on the westerly side of Highway 101.

Therefore, the City has been steadily working to identify the improvements needed and develop a plan for improving the interchange. In 2016, the City complete a Complete Streets Connectivity Study that identified improvement alternatives for both the Kenmar/101, and the 12th Street/101 interchanges. A copy of the report can be found at the following link:
https://www.hcaog.net/documents/fortuna-complete-streets-and-connectivity-study The City requested and received $550,000 to complete the preliminary design and environmental documentation phase (PA&ED) of the project in 2018. Caltrans contributed staff time and funding to supplement the project and was an active project partner. The PA&ED phase is essentially complete, and the City adopted the Initial Study/Mitigated Negative Declaration for the project on March 20, 2023. A copy of that document can be found at the following link:

Business Item 5i

https://cms8.revize.com/revize/fortunaca/Document%20center/Government/Public%20Notices/C ommunity%20Development%20Notices/Kenmar%20101%20Interchange_ISMND_Appendicies %20Public%20Review%20Draft.pdf
EXECUTIVE SUMMARY:

The future growth of the City is dependent on the 12th and Kenmar Interchanges with Highway 101 being improved. Without improvement, future growth of the City will create an unacceptable level of service at those intersections. The City has completed the PA&ED phase for the Kenmar Interchange with Highway 101 and has recently initiated the PA&ED phase for the 12th Street Interchange with Highway 101. It is now time for the City to identify funding for the subsequent phases of work to deliver the Kenmar/Highway 101 Improvement Project including the development of the plans and specifications, acquisition of right of way and construction.

Congress passed the Infrastructure Investment of Jobs Act (IIJA) in 2021 that has directed an unprecedented level of funding for infrastructure projects in excess of $180B over the next 10 years. The IIJA, also known as the “Bipartisan Infrastructure Law,” is a once-in-a-generation investment in the nation’s infrastructure and competitiveness. California receives federal infrastructure funding based on formula and competitive grants. Based on formula funding alone, the IIJA will bring California an estimated $41.9 billion over five years. The improvements to the Kenmar/101 Interchange are estimated to cost $25M.

Based on the funding available, now is an important time for the City to pursue grant funds to improve its interchanges with Highway 101. Because Kenmar/101 interchange has completed the environmental analysis it is essentially “shovel ready” and will be more competitive for grant funding. Staff have identified two grant programs funded by the IIJA that the Kenmar/101 Interchange will qualify for that do not require a match (most programs require 50% match).

The two grant programs that the staff would like to pursue are the Federal and State Reconnecting Communities Grant Programs. Each require a separate application and include different requirements. These guidelines for these grants were released at the end of June, and applications are due on September 20th and September 28th respectively.

Currently, we do not have the capacity to complete these grant applications in house and there are few grant writing consultants with the transportation planning and grant writing experience that have the capacity to help the City. The City has identified one consultant, California Consulting, Inc., that has the expertise, and availability necessary to assist the City. California Consulting has provided the attached proposal for assistance. Their proposed fee for grants over $250,000 is between $9,000 and $12,000 depending on the actual effort.

Staff is requesting that the council authorize the City manager to negotiate a contract for up to $18,000 with California Consulting for their assistance. It is likely the actual effort will be less than this amount. If approved, the City Attorney will review the agreement prior to finalization.

Business Item 5i

FINANCIAL IMPACT:

The proposed cost for the services from California Consulting, Inc. is expected to be up to $18,000. There is currently no budget item for this work in the FY 2023-2024. Staff is requesting that the council approve this expenditure to come from the City’s General Fund, Fund 100. There are adequate General Fund reserves to fund this effort in the City’s General Fund, and for the City to remain in compliance with its adopted reserve policy.

RECOMMENDED COUNCIL ACTION

1. Receive staff report and review questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to authorize the City Manager to negotiate and execute an agreement with California Consulting, Inc. to assist the city with two Reconnecting Communities Grants in an amount not to exceed $18,000. Voice vote.

ATTACHMENT:

Attachment A - Draft Agreement with California Consultants, Inc. for Grant Writing Services Attachment A

GRANT WRITING SERVICES AGREEMENT
DATED: July 24, 2023
PARTIES: California Consulting, Inc. (hereinafter the “Consultant”); and City of Fortuna, (hereinafter the “Client”)
AGREEMENT:

The undersigned hereby agree to the following terms and conditions:

Section 1. Duties of Consultant: During the term of this Agreement, Consultant shall provide the Client as follows:
a. Grant writing at the direction of the Client on specific grants identified by the Client.

Section 2. Time for Performance of Duties: Notwithstanding any other term or condition of this Agreement, Client specifically acknowledges that Consultant has other clients and/or outside employment. Consultant shall have control over the time and manner of performing its duties described in Section 1, and shall make available such time as it, in its sole discretion, shall deem appropriate for the performance of its duties under this Agreement.

Section 3. Term of the Agreement: The effective date of this Agreement is July 25, 2023 and shall continue on a month to month basis allowing either party to discuss new terms at any time.

Section 4. Compensation: Client shall pay Consultant on a per grant basis as compensation for Consultant’s grant writing services as described in Section 1. Consultant shall provide Client with a written invoice monthly. Client agrees to pay invoice within 30 days of receipt.

The following is a breakdown of cost Per Grant:

Grant Amount Request Cost
Up to $10,000 $1,500
$10,001 - $50,000 $4,000
$50,001 - $100,000 $5,500
$100,001 - $250,000 $7,500
Over $250,000 $9,000 - $12,000
Cost will be determined based on complexity of grant preparation for all grants exceeding $250,000. Consultant will provide Client with cost prior to commencing work on grant selected by Client. If Client decides to withdraw the application or cease work on the application prior to submission and after work has begun, Client agrees to pay Consultant for work completed at an hourly rate of $150.00, not to exceed the total amount of the per grant rate. Consultant will provide Client with breakdown of time spent along with invoice.

Section 5. Expenses: The Client agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the Client. Such expenses typically might include, but are not limited to, mileage, conference calls, copies, binding - 2 -
costs, postage, parking, travel, and lodging expenses. Consultant shall provide Client with a receipt and a description of the expense with the invoice.

Section 6. Relationship: Consultant shall perform its grant writing services hereunder as an independent contractor and not as an employee of the Client or an affiliate thereof.

It is expressly understood and agreed to by the parties hereto that Consultant shall have no authority to act for, represent or bind the Client or any affiliate thereof in any manner, except as may be agreed to expressly by the Client in writing from time to time.

Section 7. Confidentiality: Except in the course of the performance of its duties hereunder, each party agrees that it shall not disclose any trade secrets, know-how, or other proprietary information not in the public domain learned as a result of this Agreement. Similarly, the parties agree that they shall not disclose or divulge this Agreement, or any of its term or conditions to third parties, except as is necessary to perform the terms and conditions stated herein.

Section 8. Indemnification: The Client agrees to indemnify and hold harmless the Consultant, its members, officers, directors, employees, attorneys, and contractors and each person who controls Consultant or any of its affiliates from and against any demands, losses, claims, actions or causes of action, damages, judgment, arbitration awards, liabilities (whether absolute or accrued, contingent or otherwise), costs, and expenses whatsoever (including reasonable costs of investigation or defending any action) to which they or any of them may become subject under any applicable law arising out of Consultant’s performance under this Agreement and will reimburse Consultant for all expenses (including counsel fees) as they are incurred.

Consultant maintains liability insurance in the amount of one million dollars.

Section 9. Assignment: This Agreement shall not be assignable by either party; provided however, that Consultant shall have the discretion to allocate its duties hereunder to owners, affiliates, or employees of Consultant.

Section 10. No Guaranteed Result: Client acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results. Consultant, however, shall act in good faith toward the performance of its duties described above.

Section 11. Prior Agreements: This Agreement shall supersede any prior agreements between the parties, and serves as the sole and only agreement between them. This Agreement may only be modified by a writing signed by both parties.

Section 12. Governing Law: This Agreement shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be construed in accordance with the laws of said State.

Section 13. Attorney’s Fees: The prevailing party in any action filed that arises out of this Agreement shall be entitled to recoup their reasonable attorney’s fees and costs from the other party.
- 3 -
Section 14. Notices: All notices will be sent via certified mail or overnight courier to:

Consultant at: California Consulting, Inc.
214 Main Street, Suite 102
El Segundo, CA 90245
Client at: City of Fortuna
621 11th Street
Fortuna, CA 95540

Section 15. Termination: This Agreement may be terminated by either party for any reason not in violation of federal and/or California State law upon thirty (30) days written notice to the other party. Client shall compensate Consultant for all services rendered prior to the date of termination. There shall be no liquidated damages in the event of termination under this provision.

IN WITNESS THEREOF, this Agreement is executed on the dates set forth below and effective on the date first set forth above.
“CONSULTANT” “CLIENT”
California Consulting, Inc. City of Fortuna
By________________________________ ________________________________ Steven N. Samuelian, CEO Name: __________________________ Title: __________________________
City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: August 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, August 21, 2023
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall
Tuesday, September 5, 2023
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, August 8, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, August 22, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Tuesday, September 19, 2023
5:30 p.m.

Regular Measure E Meeting
Council Chambers at City Hall

4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, September 6, 2023
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates Tuesday, August 22, 2023
8:30 a.m.

Regular FBID Meeting
Council Chambers at City Hall