Fortuna City Council
January 16, 2024

Final Spill Destination:  Beach  Building structure  Other paved surface  Storm drain  Street/curb & gutter  Surface water  Unpaved surface  Other (specify):

Estimated spill volume (in gallons): Method calculated:

Est. volume of SSO recovered (gal): Were photos taken?  No  Yes – how many? Estimated volume of spill reaching surface water, drainage channel, or not recovered from a storm drain (gal):

SPILL OCCURRANCE TIME
SSO Reported to: SSO Reported by:

Phone: Estimated spill start date and time:

Date and time spill reported to sewer crew: Date and time sewer crew arrived:

Estimated spill end date and time:

Weather conditions prior 72 hours:  Sunny Weather  Cloudy Weather  Measurable Rain  Rain for Several Days
DRAFT

CAUSE OF SPILL
SSO cause (check all that apply):  Debris/Blockage  Flow exceeded capacity Grease  Operator error  Roots  Pipe problem/failure  Pump station failure  Rainfall exceeded design  Vandalism  Inflow/infiltration  Animal carcass  Electrical power failure  Bypass  Debris from laterals  Construction Debris  Other (specify):

If SSO is caused by a service lateral, please specify: This is the Owner Tenant Manager Property contact: Contact telephone:

If SSO is caused by wet weather, choose size of storm: 1-yr 2-yr 5-yr 10-yr 50-yr 100-yr >100-yr Unknown
Diameter (in inches) of pipe at point of blockage/spill cause (if applicable):

Sewer pipe material at point of blockage/spill cause (if applicable):

Description of terrain surrounding point of blockage/spill cause:  Flat  Mixed  Steep

SPILL RESPONSE
Spill response activities (check all that apply):  Cleaned up  Contained all/portion of spill  TV inspection  Restored flow  Returned all/portion of spill to sanitary sewer Other (specify):

Spill response completed (date & time): Name of impacted waters (if applicable):

Visual inspection result of impacted waters (if applicable):

Any fish killed?  Yes  No Any ongoing investigation?  Yes  No Name of impacted beach (if applicable):_____________________Were health warnings posted?  Yes  No Health warning/beach closure posting/details:

Were samples of impacted waters collected?  Yes  No
If YES, select the analyses:  DO  Ammonia  Bacteria  Other Recommended corrective actions:  Add sewer to PM Program  Adjust PM schedule  Adjust PM method  Rehab sewer  Replace sewer  Enforcement action against FOG source  Other (specify):

NOTIFICATION DETAILS
CEMA (former OES) contacted date and time (if applicable):

CEMA (former OES) Control Number (if applicable): Spoke to:

DRAFT
Is the estimated volume greater than 1,000 gal.?
Did overflow reach receiving waters or require samples to be collected? Is there evidence of killed fish?
Was there human contact and/or was a public area affected? Was overflow discharged to a storm drain/arroyo and not fully recovered?

REPORT INCIDENT
Optional Report: Incident due to
problem in private service lateral
RWQCB SWRCB Cnty. Health
Department
Contact information for each agency is on the other side of this form.

NO
Report

IMMEDIATELY
Report within 30 days
after the end of the
occurance month.

EVALUATE INCIDENT
NOTIFICATION REQUIRED TO:

OVERFLOW
CIRCUMSTANCE: OES
≥ 1,000 gal.

Report within
24 hours
YES
ALL SSO Incidents (including
incidents when regulatory notices
are not otherwise required)
Posting of public warning signs
were required
Imminently and substantially
endangers human health
Fish have been killed
Any amount discharged to
storm drain; not fully
recovered
Receiving waters reached
and/or required sampling
DFG
Sanitary System Overflow
Regulatory Notice Worksheet
DRAFT
If you are not authorized to perform regulatory reporting, please notify one of the following agency personnel immediately:

LRO*
Name: Phone: day after hours o
Name: Phone: day after hours o
Name: Phone: day after hours o
*SWRCB Legally Responsible Official (LRO) is the person authorized to complete and sign SSO reports online.

Department of Fish and
Game, Spill Prevention
& Response
24 Hr
Dispatch:
916-445-0380
Discharged to storm drain and not fully recovered,
reached and/or required sampling of receiving waters,
and/or required posting of public warnings. Contact Person: (insert name) (insert name of county
health department)
Press "2" to report pollution incident.

DFG Fish have been killed, reached and/or required sampling of receiving waters.

Cnty. Health
Department
Telephone:
xxx-xxx-xxxx
Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, and/or fish have been killed.

SWRCB
Reached and/or required sampling of receiving waters,
and/or required posting of public warnings
Optional Report when caused by a problem in a private
service lateral
Telephone:
800-852-7550
Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, and/or fish have been killed.

RWQCB
All overflow and backup incidents, including incidents
where other regulatory notice is not required.

Optional report when caused by problems in a private
service lateral. Provide as much information as possible, indicate cause and identify responsible party.

Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, fish have been killed, discharged to storm drain and not fully recovered, reached and/or
required sampling of receiving waters.

Regional Water
Quality Control Board
Telephone:
916-464-3291
Contact Person: (insert name)
State Water
Resources Control
Board
LRO only:

Report Online
www.swrcb.ca
.gov/ciwqs
Incomplete reports must be finished
within 15 days.

OES Governor's Office of
Emergency Services
Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, and/or fish have been killed.

REGULATORY CONTACT INFORMATION
Sanitary System Overflow
Regulatory Notice Worksheet
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SEWER BACKUP PREVENTION & RESPONSE

INCIDENT

REPORTED

TO MEMBER
Field Crew Initial Response:

Refer to Response Procedures
• Advise Customer to keep pets, children
and others away from spill area
• Initial Assessment/Determine Cause
• Document spill completely with
photographs, diagrams, narrative, etc.
o Do not contaminate unaffected areas
• Always Use the Buddy System when
entering private property
• Remain Calm and Professional
Inform Customer:
• Agency not responsible
• Crew may not service private lines
• If plumbing work was completed
recently, advise to contact plumber
• Recommend using cleaning
contractor
Backup is
NOT due to
Agency’s
Sewer Line
Failure
Backup is
due to a
Sewer Line
Failure
Field Crew Immediately:
• Relieve cause
• Notify on-call supervisor and Sierra Pacific
Loss Management (SPLM). SPLM will call
Restoration Firm.
• If Restoration Firm arrives before SPLM,
authorize emergency cleaning only
• Ensure complete photo documentation of
affected and unaffected areas
• Complete Initial Assessment Form
Inform Customer:
• SPLM and Restoration
Firm will arrive soon
• Do not attempt to clean
affected area yourself
• Do not remove items
from affected area
SPLM
Provide Response Kit and
all documentation to
Sierra Pacific Loss
Management
Review with Customer:
• Customer Information brochure
(including instructions for obtaining
a claim form).
• Customer Information Letter &
Cleaning Release.
• Hotel Selection & Release Form.
• Only emergency services are
authorized in the field.
• Future expenses/questions are
referred to the George Hills Claims
Adjuster (contact information is
included in Customer Information
Letter).

SPLM will:
• Review Scope of Work with
Restoration Firm
• Contact George Hills Claims
Adjuster and provide
Customer contact
information, extent of
backup, and approved scope
of emergency services
• Review documentation to
ensure cause and extent of
backup is evident
o Complete Sewer Backup
Incident Report
o Take additional photos, if
necessary
If ANY of the following
circumstances exist:
• Overflow exceeds 1,000 gal.
• Imminent and Substantial danger to
human health
• Fish killed
• Spill reaches receiving waters
• Discharged to Storm Drain and not
fully recovered

IMMEDIATE REGULATORY

NOTIFICATIONS ARE REQUIRED
Complete Regulatory
Notifications
Worksheet
Forward completed
Response Kit to Claims
Adjuster
DRAFT
Updated 12/22/21
FOR INTERNAL USE ONLY – DO NOT DISTRIBUTE EXTERNALLY

INSTRUCTIONS FOR HANDLING

SEWER AND FLOODING LOSSES
A. SEWER and FLOODING LOSSES

1. Process for SSO (Sanitary Sewer Overflow) or Water Main Flooding:
a. The City/Town receives a call of a SSO or ruptured water main. b. For an SSO, the department responds and confirms/denies there is a blockage in the main line and/or lower lateral (if your agency accepts responsibility at that point). Please note, each entity has their own Municipal Code that distinguishes the responsibility of the public vs. private services. CIRA recommends the agency accept responsibility at the “tap” or “connection point” and main. Or
For water flooding, the department responds and confirms/denies if the flooding is due to an issue in the main line and service line (i.e. ruptured pipe) c. If the cause of the loss cannot be immediately determined, error on the side of caution and proceed as if the member entity has liability withoutverbal or written acceptance of liability. DO NOT discuss liability. Obtain information regarding presence and /or functionality of the backflow preventer.
d. The City/Town’s staff will need to complete the initial site assessment form and provide the following information to CIRA (or those working on behalf of CIRA) or the restoration company:

What was the cause of the blockage or water rupture?
What areas of the structure were affected?
Do the occupants need to be relocated? Is
there any other pertinent information?
CIRA (or those working on behalf of CIRA) or the restoration company will need to know:

What are the names/date of births of ALL occupants?
Is the occupant the owner or renter? (If the occupant is a renter, the homeowner and occupant will have separate claims).

Are there any pre-existing health concerns of occupants? If emergency services are needed, please contact Sierra Pacific Loss Management (SPLM) at the number listed below immediately (they are working on behalf ofCIRA):

Sierra Pacific Loss Management:

Main Line - (800) 413-2999/707.252.5525
Doug Thompson – 707.592.9918
[email protected]
PLEASE NOTE: THAT SIERRA PACIFIC LOSS MANAGEMENT WILL HANDLE MOST, IF NOT ALL, OF THE CLAIM IF CONTACTED IMMEDIATELY.

DRAFT

2. If attempts to contact Sierra Pacific are unsuccessful, please contactGeorge Hills staff directly. They have emergency 24/7 numbers and will answer and respond.

George Hills Staff:

Dana Calkins: (916) 333-0575
Parmit Randhawa: (510) 375-1141
Craig Nunn: (916) 378-5772 (Arcata, Eureka, Fortuna & Ft. Bragg) Edie Yamamura: (707) 602-3149

3. Both Sierra Pacific and George Hills staff have been trained to handle the initial part of a loss and assist any individual(s) who need to be relocated.

The claimant will hear from CIRA (or those acting on behalf of CIRA) as soon as possible to explain the claim process and needs regarding subject claim (relocation process, per diem/meals, etc.).

4. CIRA (or those acting on behalf of CIRA) will obtain all information andwork with the City/Town on providing a claim form.

5. Sierra Pacific will project manage the claim until completion. This will include the following:

Usually within the first hour:
• Arrive onsite and meet with City/Town personnel and/or claimant
• Walk loss with claimant
• Discuss process with claimant
• Collect photographs
Within 30-60 minutes of arrival:
• Review initial scope with restoration contractor
• Determine if relocation is necessary
• If relocation is necessary, make arrangements with pre- approved hotel/motel for stay Within 24 hours of arrival
• Contact George Hills with pertinent information
• Meet with restoration contractor supervisor and agree on full scope of work
• Meet with rebuild contractor to include the following:
• Introduce to claimant
• Discuss scope of work
• The claimant has the right to have his/her own
contractor perform the work, but most will use
the general contractor supplied by the
City/Town
• Meet with rebuild contractor to include the following:

Following completion of remediation
• Arrange for hygienist to complete clearance testing (bio, mold, asbestos)
• Confirm with restoration contractor that site is ready for rebuild and arrange for them to start work

DRAFT
Throughout project
• Track remediation contractor to confirm that they are on schedule
• Track rebuild contractor to confirm that they are on
schedule
• Communicate with claimant to assure that they are made aware of contractor visits, schedules and completion
dates
• If claimant is relocated, confirm that they are satisfied with accommodations
Following Project Completion
• Review the following:
• Emergency services (ES) invoice
• Hygienist’s report/invoice
• Rebuild contractor’s estimate
• Develop submittal package to include:
• Adjuster’s report
• Statement of loss
• ES invoice/detail
• Hygienist’s invoice/report
• Rebuild Contractor’s invoice/detail
• Non-Salvageable list
• Submit package to George Hills for processing

6. Communication with the claimants will be continuous throughout the claim process. CIRA (or those acting on behalf of CIRA) will be available to relocated claimants with any special needs. If there are items that need to bepurchased immediately, CIRA will purchase on their behalf.

7. The restoration company will contract directly with the claimants. The claimant will file a claim with the City/Town. CIRA will work with both and finalize the claim for both mitigation and repairs at the conclusion of the claim. If it is a largeloss or problems occur, CIRA may advance fees to the restoration company or other approved vendor.

8. Often the only time things go wrong with sewer/water claims is when communication breaks down. There needs to be continuous and constant communication throughout the entire claim process with everyone (the claimant, the restoration company, the City/Town and CIRA
DRAFT
).

APPENDIX C

SSO VOLUME ESTIMATION GUIDE
DRAFT
DRAFT
Sewer Spill Estimation Guide
A Guide to Estimating Sanitary Sewer Overflow (SSO) Volumes Developed by the Orange County Area
Waste Discharge Requirements Steering Committee
Orange County, CA
February 18, 2014
Revised May 15, 2014

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 1 of 29 Acknowledgements
This Sewer Spill Estimation Guide has been compiled through the efforts of members of the Orange County Wastewater Discharge Requirements (WDR) Steering Committee. This committee was originally formed to address the requirements of the original WDR imposed by the California Regional Water Quality Board, Region 8 and later the statewide WDR imposed by the California State Water Resources Control Board. Committee members who assisted in the compilation of this Sewer Spill Estimation Guide are:

Nicholas J. Arhontes Director Orange County Sanitation District Facilities Support Services
Peggy Echavarria Executive Assistant Orange County Sanitation District Gene Estrada Environmental Program Manager City of Orange Rob Hamers District Engineer Costa Mesa Sanitary District Robert Kreg (Former) Director of Support Services South Coast Water District (Retired) Disclaimer
This Sewer Spill Estimation Guide is freely offered to agencies to assist the user with the estimation process for a sanitary sewer overflow. Methods used for spill estimation and the estimate itself are solely the responsibility of the agency making the estimate. The authors or contributors to this Sewer Spill Estimation Guide do not accept any responsibility for the spill estimation methods used; their accuracy or any spill estimate determined through the use of this guide. Information found in this guide is commonly available on the internet and is also common practice with many cities and sewering agencies throughout Southern California.

No statewide or national standards issued by a regulatory agency exist at this time.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 2 of 29 Table of Contents
Acknowledgements .............................................................................................................................1 Disclaimer ...........................................................................................................................................1 SSO Volume Estimation .....................................................................................................................3 Start Time............................................................................................................................................4 Stop Time ............................................................................................................................................4 Photographs.........................................................................................................................................5 Flow Rate ............................................................................................................................................5 Volume Estimation Methods ..............................................................................................................5 Visual or Eyeball Method ...................................................................................................................5 Measured Volume ...............................................................................................................................6 Counting Connections .........................................................................................................................8 Pick and Vent Holes in Manhole Covers ............................................................................................8 Pick and Vent Hole Estimation Chart ...............................................................................................10 Manhole Ring....................................................................................................................................12 Partially Covered Manhole ...............................................................................................................13 Open Manhole ...................................................................................................................................15 Pictorial Reference ............................................................................................................................18 City of San Diego Manhole Overflow Picture Chart ........................................................................19 SSCSC Manhole Overflow Gauge ....................................................................................................20 Gutter Flow (Simplified Version) .....................................................................................................21 Bucket Method ..................................................................................................................................22 Pipe Size............................................................................................................................................23 Metered Flow ....................................................................................................................................24 Rain Events .......................................................................................................................................25 Saturated Soils ..................................................................................................................................25 Combo Truck or Vacuum Truck Recovery ......................................................................................26 Conversion Factors ...........................................................................................................................27 Volumes Recovered with Trucks or Pumped to Tanks ....................................................................27 References .........................................................................................................................................28 Sample Worksheet ............................................................................................................................29

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 3 of 29 SSO Volume Estimation
Accurate flow estimation is essential to determine the volume of a Sanitary Sewer Overflow (SSO). An accurate estimate of an SSO is required for reporting to the California Integrated Water Quality System (CIQWS) and to the local health care agency. The estimated volume of an SSO is used to determine the category of the SSO and can also be used in the calculation of penalties or fines from the State or Regional Water Quality Control Boards in California.

Additionally, accurate flow estimation is important to determine the extent of the cleanup and its effectiveness.

Volume estimation is basically the flow rate (gallons per minute) times the amount of time (in minutes) the flow has occurred. Each SSO tends to be unique requiring different strategies for determining the volume of the SSO. Different methods can also be used for the same SSO acting as a check to ensure the most accurate estimate. The method(s) utilized will be determined by several factors including the type of SSO and the personnel responding. Some SSO volumes, due to terrain, rainfall or other factors, can be very difficult for field staff to determine and may require someone with additional expertise. There is no one method that works for all types of SSOs. The following are methods that may be utilized for SSO volume estimation. These methods are effective means of estimating a sewer spill volume during dry weather but may not be effective during rain events.

During rain events, infiltration and/or inflow into the collection system and runoff in the stormwater system, including the curb and gutter, can affect the SSO estimate. When estimating an SSO during a rain event, the SSO estimate is to include only the wastewater that left the collection system and not any waters that the wastewater comingled with after leaving the system. The same is true for any wash down water; although contaminated, the water is not considered part of the SSO estimate. Any water that infiltrated into the collection system upstream of the SSO and subsequently became part of the SSO is included in the SSO volume estimate.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 4 of 29 Start Time
Determining the start time for an SSO is one of the most critical, yet can be one of the most difficult, factors to determine. Depending upon the location and time of day, an SSO may occur for some time before it is reported to the City or Agency or it may trickle for an extended period of time before being noticed. What is known is that the SSO started some time before the City or Agency was notified. It is common for SSOs to start and stop as flows in the pipeline routinely rise and fall because most blockages do not entirely block the flow in the pipe. Every effort should be utilized to determine the most accurate start time of each SSO.

These efforts may include:
 If possible, contact the person who reported the SSO to determine when they became aware of the SSO.
 Make contact with residences or businesses in the area of the SSO to determine if there were any witnesses that could help establish the start time.  Conditions change during the SSO. This is particularly true in remote areas out of public view. Initially, there may be an amount of toilet paper and solids around the spill site. This will increase the longer the SSO continues. After a few days to a week, these may form a light brown residue that may turn dark after a few weeks to a month.

Lacking direct evidence supporting a specific start time the operator should rely upon their experience and system flow characteristics based upon observed conditions to establish a reasonable estimated start time for the event. The agency’s management staff should review the estimate before being finalized. Methods used to establish the start time should be documented.

Stop Time
The stop time is the time that wastewater stopped overflowing. For manhole covers in low areas, this is noted by water flowing back into the manhole through the vent holes and should be easy to determine by SSO response personnel. Care should be taken to accurately record the time that the SSO stopped.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 5 of 29 Photographs
Take photographs of the spill event. Try to include objects of known size in the photographs to give a perspective of the extent of the spill. Photographs should include the initial spill, remediation efforts, clean up, and the spill area after the spill remediation has been completed.

Photographs should be maintained with the spill report information.

Flow Rate
The flow rate is the volume of flow per unit time that is escaping from the collection system.

SSOs do not always occur at a constant rate. This is because flows into the collection system are not constant and rise and fall throughout the day. Additionally, most blockages are not full blockages. Pressure buildup as the wastewater surcharges in the pipe can cause the blockage to clear or partially clear, resulting in changes to the flow rate.

To make an SSO volume estimate as accurate as possible, the onsite City or Agency employee should note the time and the amount of change of any significant differences in flow noticed during the event. For example, if the employee determines the flow rate escaping from the manhole is 100 gallons per minute when they arrive on scene but noticed that it has dropped to 50 gallons per minute five minutes later, their report should reflect that fact. The estimated flow rate and the time period for that flow rate should be recorded. During any one SSO event there could be multiple flow rates spread over the duration of the SSO.

Volume Estimation Methods
Visual or Eyeball Method
The volume of small spills can be estimated using an “eyeball estimate.” To use this method, imagine the amount of water that would spill from a bucket or a barrel. A full bucket may contain 1, 2 or 5 gallons and a barrel contains 55 gallons when full. If the spill is larger than 55 gallons, try to divide the standing water into barrels and then multiply by 55 gallons. This method is useful for contained spills up to approximately 200 gallons. This method can be useful on spills that occur on hard surfaces such as concrete or asphalt. Crews can be trained DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 6 of 29 by estimating the volume of a measured amount of potable water spilled upon concrete and asphalt surfaces.

Measured Volume
The volume of most small spills that have been contained can be estimated using this method.

The shape, dimensions, and the depth of the contained wastewater are needed. The shape and dimensions are used to calculate the area of the spills and the depth is used to calculate the volume.

Common Shapes and Dimensions

1. Sketch the shape of the contained wastewater.

2. Measure or pace off the dimensions.

3. Measure the depth at several locations and select an average.

4. Convert the dimensions, including depth, to feet.

5. Calculate the area:

Rectangle: Area = length (feet) x width (feet)
Circle: Area = diameter (feet) x diameter (feet) x 3.14 divided by 4 Triangle: Area = base (feet) x height (feet) x 0.5

6. Multiply the area (square feet) times the depth (in feet) to obtain the volume in cubic feet.

7. Multiply the volume in cubic feet by 7.48 to convert to gallons

RECTANGLE CIRCLE TRIANGLE

LENGTH BASE
W
I
D
T
H
H
E
I
G
H
T

DIAMETER
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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 7 of 29 Not all SSOs will conform to a specific shape. When this occurs, break up the area of the SSO into various shapes or segments, then calculate the amount of wastewater spilled in each segment, adding them together to arrive at the total spill volume.

Example:

Basic spill area Basic spill area
divided into 4
geometric sections.

Determine the area of each of the geometric sections adding them all together to determine the total area of the spill.

Inch to Feet
Conversion:

Inches to Feet
1/8” = 0.01’
1/4” = 0.02’
3/8” = 0.03’
1/2” = 0.04’
5/8” = 0.05’
3/4” = 0.06’
7/8” = 0.07’
1” = 0.08’
2” = 0.17’
3” = 0.25’
4” = 0.33’
5” = 0.42’
6” = 0.50’
7” = 0.58’
8” = 0.67’
9” = 0.75’
10” = 0.83’
11” = 0.92’
12” = 1.00’
Measure the depth of the
SSO at various locations.

Where it is difficult to measure wet spots on asphalt, use a depth of 0.0026’or 1/32”. For wet spots on concrete use depths of 0.0013’or 1/64” for reasonable estimates.

Sample Calculation:

A 20 ft x 20 ft square wet spot on concrete equals 3.9 gal and for asphalt is 7.8 gal.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 8 of 29 Counting Connections
Once the location of the blockage has been established, the amount of the SSO could be estimated by counting the number of upstream connections. On the sewer atlas maps or GIS system, locate the pipeline where the SSO occurred. Count all of the developed parcels that are connected to the pipeline upstream of the blockage. The typical single family residential parcel may discharge 8 to 10 gallons of wastewater per hour during active times of the day.

For a multi-family residential development such as an apartment or condo complex, count each apartment as a single family residential unit. Use the higher flow number (10 gallons per hour) during typical peak flow hours and the lower flow number (8 gallons per hour) during low flow periods. Multiply the number of connections times the average flow (8 to 10 gallons per hour) times the time period (duration) that the SSO occurred.

Example for an SSO occurring on a weekday at 8:00am:

Number of upstream connections 22
Estimated flow per parcel 10 gallons per hour
Duration of SSO event 45 minutes
Total spill estimation (22 x 10 x .75) 165 gallons
(22 connections x 10 gallons per hour x 45 minutes (.75 hour) = 165 gallons) Data may be available in your drainage area from your capacity planners at your city or agency. Consult with them on reasonable flow amounts or rates of flow.

Pick and Vent Holes in Manhole Covers
Small SSOs will occur where the wastewater escaping from the manhole is isolated to the pick or vent holes in the cover. Larger SSOs may involve both the discharge from the pick and/or vent holes and the gap between the manhole cover and manhole frame. To estimate an SSO occurring from the manhole pick and vent holes, measure the height of the wastewater plume exiting the holes. Find that height and hole diameter on the manhole pick or vent hole chart to determine the flow rate escaping the pick/vent hole. Multiply the flow rate times the number of holes that are discharging wastewater. Once the total volume (gpm) has been determined, DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 9 of 29 multiply the gpm by the duration of the SSO in minutes. This will result in the total estimated gallons of the SSO.

Example: Measured height of plume exiting pick/vent hole is 1 inch from a ½-inch vent hole and there are 4 vent holes. The total volume per minute would be .94 gpm per hole (from attached chart) or 3.76 gpm total (.94 gpm x 4 holes) from the manhole cover. If the SSO lasted one hour, the total wastewater lost would be 226 gallons (3.76 x 60 = 225.6).

Number of pick holes 4
Flow from each pick hole .94 gpm
Duration of SSO 60 minutes
Total SSO volume (.94 x 4 x 60=225.6) 226 gallons
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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 10 of 29 Pick and Vent Hole Estimation Chart
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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 11 of 29 Pick and Vent Hole Estimation Chart ‐ continued
Courtesy of OCSD: Created 5/17/99 and modified 5/15/14, as an estimating tool for field staff.

This is based on flow through orifices assumptions. Your city or agency may want to develop a similar tool.

Q=CA(2gh)^.5 Where Q=cfs C=Cv x Cc A=area(sq. ft.) g=32.2 ft/sec/sec h= water height (ft.)

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 12 of 29 Manhole Ring
Some manhole covers in use today typically only have one pick hole forcing most of the wastewater to escape from the perimeter of the manhole cover during higher flow SSOs. To estimate the volume in this example, measure the observed height of the wastewater plume exiting the manhole cover. Find the height and manhole diameter on the Manhole with Cover in Place to determine the flow rate escaping the manhole. The chart has two columns, one for 24-inch diameter covers and one for 36-inch diameter covers. Wastewater will also be escaping from the pick hole and must be accounted for separately by following the instructions for estimating an SSO from pick/vent hole. Multiply the flow rate times the number of holes that are discharging. The total estimated rate (gpm) is determined by adding together the rate being lost (gpm) from around the cover with the rate being lost (gpm) from the pick and/or vent hole(s). Once the total rate (gpm) has been determined, multiply the gpm by the duration of the SSO in minutes. This will result in the total estimated gallons of the SSO.

Example: The measured height of the plume exiting the ring of a 36-inch manhole is 1 inch.

The total volume per minute would be 13 gpm from around the ring of a 36-inch manhole cover (from the attached chart). (Calculate the amount exiting the pick hole(s) and add to the total being lost around the ring). If the SSO lasted one hour the total wastewater lost would be 780 gallons (13 x 60 = 780).

Estimated loss around ring (from chart) 13 gpm
Duration of SSO 60 minutes
Total SSO (without loss from pick hole) 780 gallons
(13 gal/min x 60 minutes = 780 gallons plus amount lost from pick hole(s)) DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 13 of 29 Partially Covered Manhole
Sometimes an SSO will occur that only lifts one side of the manhole cover. This is especially true of manholes where the cover is on an incline with the cover lifting on the downward side of the manhole. To estimate the volume of an SSO under these conditions, calculate the area (in square feet) from where the wastewater is escaping and the velocity (in feet per second) that the wastewater is normally traveling in the sewer at half the pipe depth. The velocity is estimated from visual observation with 2 feet/second or less being a small velocity, 4 to 5 feet/second being a medium velocity, and 7 feet/second or higher being a large velocity.

Velocities in the sewer above 7 feet/second may be strong enough to blow the manhole cover off. Higher velocities also tend to raise the manhole lid higher. Next, multiply by the duration The formula used to develop Table 1 measures the maximum height of the water coming out of the maintenance manhole above the rim. The formula was taken from Hydraulics and Its Application by A.H. Gibson (Constable & Co. Limited).

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 14 of 29 (in seconds) that the SSO occurred. Finally, multiply by 7.48 to determine the volume of the SSO in gallons. The formula is Volume (gallons) = Area (sq. ft.) x Velocity (ft/sec) x Time (in seconds) x 7.48 (gal/cu. ft.).

Example: The measured height of the plume exiting the side ring of a 24-inch manhole is 2 inches. Based upon the data provided in the Area Calculation Chart below, a 2-inch plume from one side of a 24-inch manhole cover provides 0.524 square feet of area. The velocity of the flow is estimated at 4 ft/sec (visual observation) with the assumed duration of the flow lasting for one hour. The total amount of the SSO is estimated at 56,441 gallons (.524 x 4 x 60 x 60 x 7.48 = 56,441)
Height of plume 2 inches
Area for 24 inch manhole 0.524 square feet
Estimated velocity 4 ft/sec
Duration of SSO 60 minutes
Conversion from cu. ft. to gallons 7.48
Total estimated SSO volume 56,441 gallons
(.524 sq. ft. x 4 ft/sec x 60 minutes x 60 sec/min x 7.48 gal/cu ft = 56,441 gal) Area Calculation Chart
Height of Flow 24 Inch Manhole 36 Inch Manhole
.5 inches 0.131 sq. ft. 0.195 sq. ft.
1 inches 0.262 sq. ft. 0.391 sq. ft.

1.5 inches 0.393 sq. ft. 0.586 sq. ft.
2 inches 0.524 sq. ft. 0.782 sq. ft.

2.5 inches 0.655 sq. ft. 0.977 sq. ft.
3 inches 0.786 sq. ft. 1.173 sq. ft.

3.5 inches 0.917 sq. ft. 1.368 sq. ft.
4 inches 1.048 sq. ft. 1.564 sq. ft.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 15 of 29 Open Manhole
In large events the force of the overflowing wastewater will have sufficient pressure and volume to unseat the cover from the frame and move the manhole cover away from the manhole. Typically, when the SSO rates reach approximately 7 cfs (approximately 3,000 gpm or about 4.32 mgd), there is sufficient flow and pressure to blow off the manhole cover. To estimate the volume of an SSO where the manhole cover has been removed, the average height of the plume of wastewater exiting the manhole must be measured. This measurement is from the pavement surface close to the manhole ring to the top of the plume. Take several measurements in several locations around the ring and average the findings. If possible, and being safe to protect yourself from the open manhole, find the average height of the plume for the size of the manhole lid (24-inch or 36-inch diameter) on the Area Calculation Chart to determine the rate of flow exiting the manhole. Multiply the flow rate expressed in gallons per minute from the chart multiplied by the duration of the SSO in minutes to determine the total volume of the SSO. A photo taken at a safe distance upon arrival may help you refine your estimate.

Example: Determine the observed height of the plume at several locations around the ring of the manhole and average the results. Determine the size of the manhole cover. If the average height of the plume exiting an open 24-inch diameter manhole is 2 inches, find 2 inches on the 24-inch Manhole Cover Removed Chart. Based upon the data provided in the Manhole Cover Removed Chart, the flow in gallons per minute would be 3,444 gpm. If the duration of the flow lasted for one hour (60 minutes), the total amount of the SSO would be estimated at 206,640 gallons (3,444 x 60 = 206,640).

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 16 of 29 Height of plume (average) on 24-inch manhole 2 inches
Estimated flow from chart 3,444 gpm
Duration of SSO 60 minutes
Estimated SSO total volume 206,640 gallons
(Est flow from chart 3,444 x 60 minutes = 206,640)

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 17 of 29

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 18 of 29 Pictorial Reference
Currently there are two picture charts being widely used to assist with estimating SSO volumes. The older chart is the city of San Diego’s Manhole Overflow Rate Chart with the newer chart being the CWEA Southern Section Collection Systems Committee (SSCSC) Manhole Overflow Gauge. Each chart is a pictorial depiction of how an overflowing manhole appears at a given flow rate. The SSCSC Manhole Overflow Gauge has an additional picture for each flow rate showing a wide angle view of the spill area. When using either of the pictorial reference charts, select which picture most accurately represents the SSO being estimated. Use the gpm of the associated picture multiplied times the duration of the SSO to determine the total spill volume. Example: If the selected picture shows 300 gpm and the duration of SSO is 55 minutes, the total estimated spill volume would be 16,500 gallons (300 gpm x 55 min).

Selected picture volume 300 gpm
Duration of SSO 55 minutes
Total estimated SSO 16,500 gallons
(300 gpm x 55 minutes = 16,500 gallons)
Note: Data was obtained at training facilities where potable water was metered and photos were taken at various flow rates.

Training facilities also exist at the Orange County Sanitation District in Fountain Valley, CA.

As a reference point, an 8-inch diameter sewer flowing half full at a velocity of 2.5 ft/sec would have a flow rate of about 192 gal/min. If fully blocked, the SSO rate would be 192 gpm. For a partial blockage, the SSO rate will be less.

Other agencies have developed above ground estimating tools such as frame and cover sets that can be pressurized using potable water and simple flow meters.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 19 of 29 City of San Diego Manhole Overflow Picture Chart

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 20 of 29 SSCSC Manhole Overflow Gauge

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 21 of 29 Gutter Flow (Simplified Version)
Although the traditional Manning’s Equation is used to calculate flows in open channels, this simplified version can be used to measure SSOs that are flowing in open channels such as ditches, curb and gutter, etc. and still achieve reasonable estimations. Two things need to be determined to utilize this method of spill estimation, the cross sectional area of the channel and the velocity of the flow in the channel. First, determine the cross sectional dimensions of the channel (width and depth of flow) to determine the area of the flow. Then determine the velocity of the flow in the channel. To determine the velocity, drop a small floating object (ping pong ball, leaf, small piece of wood, etc.) into the flow and time how long it takes the object to travel a measured distance. This should be practiced several times in a non-SSO situation, and averaged to determine the flow velocity. The velocity of the flow multiplied by the cross sectional area of the flow multiplied by the duration of the SSO will result in the approximate volume of the SSO.

Q = V x A
Flow (gal/min) = Velocity (ft/sec) x Area (ft2
) x 7.48 gal/cu ft x 60 sec/min
Example: If the cross section triangular area of the spill is calculated at .5 sq.ft. with the velocity measured at .25 ft. per second, the flow would be .125 cubic feet per second. Multiply times 449 (one cubic foot per second equals 449 gallons per minute) to determine the gallons per minute (56 gpm). If the SSO lasted for 35 minutes the total estimated spill volume would be 1,964 gallons.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 22 of 29 Simplified Cross Section Area of the SSO
Estimated Triangular Area 0.5 square feet
Estimated Velocity .25 feet per second
Duration of the SSO 35 minutes
Gallons per minute per cubic foot per second conversion 449 Total estimated spill volume 1,964 gallons
(Area .5 sq.ft. x Est velocity .25 ft. per sec. = .125 cfs x 449 = 56 gpm x 35 minutes = 1,964 estimated gallons spilled)
Gutters on steep hillsides will flow at higher velocities. Practice your estimating on flatter areas and steeper areas of your service area.

Bucket Method
This method can be used for small spills due to partial blockages where the entire flow stream could be captured in a bucket. Estimate how many minutes it takes to fill the bucket. Dividing the volume of the bucket (in gallons) by the elapsed time to fill the bucket (in minutes). This provides the flow rate in gallons per minute (gpm). Once the gpm has been established, multiply the gpm by the total time duration in minutes of the SSO until it stopped to determine the total estimated volume of the SSO.

Example: If it takes 30 seconds (.5 minutes) to fill a 5 gallon bucket and the total spill duration was 20 minutes, the total spill volume would be 200 gallons. (5gal/.5 min = 10 gpm x 20 min = 200 gal).

Time to fill a 5 gallon bucket 30 seconds (.5 minute)
Duration of SSO 20 minutes
Estimated spill volume 200 gallons
(5 gallons every 30 seconds equals 10 gallons per minute x 20 minutes = 200 gallons) You can practice visual estimating by filling a bucket of known volume for a measured time from a garden hose.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 23 of 29 Pipe Size
To calculate an SSO based upon pipe size requires the diameter of the pipe, the depth of flow in the pipe downstream of the blockage during and after the blockage, and the flow velocity in the pipe. This method calculates the amount of flow in the pipe at the same time of the day during the blockage compared to the amount of flow normally in the pipe to determine how much flow had been lost over time.

To use this method, measure the flow depth at the nearest manhole downstream from the blockage. Record the depth reading. Once the blockage has been cleared and the flow stabilized, measure the flow depth at the same manhole as before and record the reading. The attached chart can be used on various size pipelines where the velocity is 2.0 feet per second.

Pipelines of other rates will have to be calculated.

To use the attached chart, find the depth of the flow during the blockage in column 1. Follow the row across to the diameter of the pipe where the blockage has occurred. The number listed will be the flow rate in gallons per minute for pipelines with a velocity of 2 feet per second.

Next find the flow depth after the blockage has been removed and the flow stabilized. Move across the chart to the proper pipe size and record the flow rate for a free flowing pipeline.

Subtract the flow rate from the blocked pipe from the flow rate of the free flowing pipe. The remainder will be the flow rate lost. Multiply the flow rate lost times the duration of the SSO to determine the total flow volume lost. Example: If the flow depth during the blockage of a 10-inch pipe was 1 inch, the flow rate would 25 gpm. After the blockage was cleared and the flow stabilized, the flow depth was now 5 inches then the flow rate would be 240 gpm. To determine the amount lost, subtract the gpm (pipe blocked) from the gpm (pipe cleared) (240 gpm – 25 gpm = 215gpm) leaving the flow rate of the SSO. Multiply the remaining flow rate multiplied by the duration of the SSO in minutes to estimate the total volume of the SSO.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 24 of 29 Note: The above chart is only for pipelines of the diameters shown and flowing at a velocity of

2.0 ft/sec.

Metered Flow
Estimates of the amount of wastewater spilled from a continuously metered system can be achieved utilizing upstream and downstream flow meters located close to the point where the wastewater escaped. Flow meters may be located at strategic locations throughout the wastewater collection system or at the intake or discharge of wastewater pump or lift stations.

Flow metering usually occurs on pressure systems. If a spill is suspected on a metered upstream wastewater line, check the flow meter readings for abnormalities and note the time they start. Also check the flow meter readings at the downstream flow meter. If the downstream readings are lower than usual, the difference may be the amount of wastewater being lost to a spill. Abnormal pumping cycles for pump or lift stations located downstream from the spill can also be used to estimate the volume of a spill. Portable flow meters could also be installed in gravity sewers after a SSO event to help verify average flows at various times of the day when full or partial blockages may have occurred. You should also perform DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 25 of 29 this on the same day of the week that the SSO occurred. This is also a good way to understand how flows will change during the day in various parts of your system.

Rain Events
Previous examples of methods throughout the document were all in dry weather situations.

Rain events cause substantial difficulties for SSO responders in establishing an accurate estimate of an SSO. Infiltration into the sewer system will increase, sometimes dramatically, the system flow including the amount of the SSO. When estimating the SSO amount during a rain event, the estimate is to include only the amount of wastewater that left the collection system (this includes any clear water inflow and/or infiltration (I&I) that entered the collection system upstream of the SSO) and not any waters that the wastewater comingled with after leaving the system. Although the comingled waters are considered contaminated by the SSO and may be involved in the cleanup, they should not be considered in the estimate of the volume of sewage spilled for the event. Consult with your city or agency management or your site-specific procedures to be used during wet weather SSOs.

Saturated Soils
Spills that have occurred on or migrated to grassy or dirt areas can be estimated if the area is dry and is not regularly irrigated like a field or dirt parking lot. This method is effective only during dry weather and not during or after a rain event. To estimate how much wastewater has been lost to the soil, first determine how many cubic feet of soil has been wetted. First determine the size of the area where the spill occurred. This is done in the same manner as for spills that occurred on hard surfaces and as discussed in the Measured Volume Method. Next determine how deep the soil has been saturated. To determine the depth of the soil saturation, dig several test holes with a round point shovel until dry soil is reached. Measure the depth of each hole and determine the average depth of the saturated soil. Multiply the area of the spill (in square feet) times the average depth of the soil saturation to determine the amount (in cubic feet) of saturated soil. Different types of soils will retain moisture in different amounts. Water will penetrate sandy soils quicker than clay soils and clay soils are capable of holding more moisture than sandy soils. Use an average of 18% moisture content when estimating the amount of wastewater that has saturated the soil.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 26 of 29 Example: If the spill was contained in a dry dirt or grassy area of 10 feet by 20 feet, the area of the spill would be 200 square feet if it was a perfect rectangle (assumed). If the wastewater penetrated the soil to an average depth of 3 inches, the total amount of saturated soil would be 50 cubic feet (10 x 20 x .25 = 50 cf.). To determine the amount of wastewater suspended in the wetted soil, multiply the 50 cubic feet times 7.48 gallons per cubic foot (50 cf x 7.48 gal/cf = 374 gallons). Next multiply the gallons times the average amount of moisture the soil can hold (use 18% as a rough estimate or calculate the soil moisture) to determine the actual estimated amount of wastewater that has saturated the soil (374 gal x .18 = 67.3 gallons of wastewater contained in the soil for the area of the spill). Add the amount of wastewater estimated to be contained in the soil with the amount of surface wastewater that was removed to achieve an estimated total amount of the wastewater spill.

Simple method to calculate soil moisture content:

Equipment needed: One coffee filter; a funnel; a graduated measuring cup; a jar or bottle.

Place the coffee filter into the funnel. Place the funnel into the mouth of the jar or bottle.

Place one cup of clean dry soil from the spill site onto the coffee filter. Pour one cup (8 ounces) of water onto the soil and allow the water to drain into the jar. Once the water has stopped dripping from the funnel, remove the funnel and measure the amount of water in the jar. The difference between the amount of water in the jar and the 8 ounces originally poured over the soil is the amount of moisture the soil retained.

Example: If six and one half ounces (6.5) remained in the jar, one and one half ounce (1.5) or

18.75% remained in the soil. The soil moisture content would be 18.75%.

Combo Truck or Vacuum Truck Recovery
When the spill is contained to a specific area and recovered by a combo or vacuum truck, the amount recovered can be used in calculating the amount of the original spill. If the spill is contained on a hard surface, estimate the total spill volume by what was captured by the combo or vacuum truck plus the amount that could not be captured. To estimate the amount not captured by the combo or vacuum truck, use the Measured Volume Method. For wet spots on concrete, use a depth of 0.0013 ft. or 1/64 inch. For wet stains on asphalt, use a depth of DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 27 of 29

0.0026 ft. or 1/32 inch. If the spill is contained on soil, use the Saturated Soils Method to determine how much of the spill soaked into the soil and add to the amount captured by the combo or vacuum truck.

Conversion Factors

1.0 cfs = .6463 mgd
One cubic foot of water (cf) = 7.48 gallons
One cubic foot of water per second (cfs) = 448.8 gallons per minute A cylinder 1 foot in diameter and one foot deep = 5.87 gallons A 1 square foot triangle 1 foot deep = 3.25 gallons
One inch or 1/12 ft = .083 feet
Volumes Recovered with Trucks or Pumped to Tanks
Level gauge on truck or
Known volume of the full tank or
Number of full tank trucks used during large SSO events Use your agency’s approved conversion factors, if available.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 28 of 29 References
California Environmental Protection Agency
http://www.calepa.ca.gov/
State Water Resources Control Board
http://www.swrcb.ca.gov/
Sanitary Sewer Overflow (SSO) Reduction Program
http://www.swrcb.ca.gov/water_issues/programs/sso/index.shtml

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 29 of 29 Sample Worksheet
(City or Agency Name)
SSO Volume Estimation Worksheet
SSO Address/Location: Date:

SSO Volume Method of Estimation (check appropriate box and provide appropriate information for method used below)
Pictorial Reference Flow Rate Chart (San Diego Chart CWEA Ruler ) Vent or Pick Holes Eyeball estimate
Measured volume Counting Connections Manhole Ring Partially Covered Manhole Open Manhole
Bucket Method Pipe Size Method Gutter Flow Method Metered Flow Rain Event Method
Saturated Soils Method Combo/Vacuum Truck Recovery Method Spill Start Date: Spill Start Time:

Spill End Date: Spill End Time: Total Est. Spill Volume (gal):

Provide a detailed description of the method(s) used to determine the SSO estimate. (Use additional sheets as needed)
Signed: Date:

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APPENDIX D

TRAINING DOCUMENTS
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Fortuna
Spill Emergency Response Plan - Training Log
Instructions: Following annual training on the Fortuna Spill Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should sign and date below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.

Training Date
Employee/ Contractor
Name Signature Comments
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Fortuna
Spill Emergency Response Plan - Training Log
Instructions: Following annual training on the Fortuna Overflow Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should sign and date below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.

Training Date
Employee/ Contractor
Name Signature Comments
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Fortuna
Spill Emergency Response Plan - Training Log
Instructions: Following annual training on the Fortuna Spill Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should sign and date below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.

Training Date
Employee/ Contractor
Name Signature Comments
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Fortuna
Spill Emergency Response Plan - Training Test
Instructions: Following annual training on Fortuna Spill Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should answer the questions below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.
1) What are the goals of the Fortuna SERP?
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 2) What are the priorities of a first responder to a SSO? _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 3) How do you locate the nearest stormwater inlet that could be impacted by the SSO? _____________________________________________________________________ 4) How do you know the location of the outfall of a stormwater conduit impacted by an SSO? DRAFT
_____________________________________________________________________ 5) What SSOs trigger a Failure Analysis Investigation?
_____________________________________________________________________ 6) What is determined by the Failure Analysis Investigation? _____________________________________________________________________ _____________________________________________________________________ 7) Who receives a copy of the Failure Analysis Investigation report? _____________________________________________________________________ 8) Where are the materials stored for responding to an SSO? _____________________________________________________________________ 9) What conditions constitute a Category 1 SSO?
_____________________________________________________________________ 10) If a large SSO occurs and Fortuna needs outside equipment or resources, who do you call? and what are their 24-hour phone numbers?
_____________________________________________________________________ DRAFT

APPENDIX G
FOG CONTROL POLICY (2010)
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Fortuna Fats, Oils and Grease (FOG) Policy
Policy Objectives:

To set forth policies, procedures and requirements governing the installation and maintenance of grease and oil interceptors for Food Service Establishments (FSEs).

To protect the sewer collection system from grease accumulation and blockages that may cause sanitary sewer overflows (SSOs) in violation of the City of Fortuna NPDES Permit, which can create public health hazards and subject the City to administrative penalties.

Authority:

Fortuna Municipal Code (FMC) Title 13, Division II, Section 13.32.070 H Interceptor Requirements
California Plumbing Code (CPC)

Assigned Responsibility:

City Manager, Director of Public Works, City Engineer, Utilities Superintendent, Engineer Technician.

Applicability:

This policy shall apply to all Food Service Establishments (FSEs) within the City Limits of Fortuna.

Definitions:

Fats, Oils, and Greases (FOG): Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules.

Grease Interceptor: Any plumbing appurtenance or appliance that intercepts fats, oil and grease from a wastewater discharge.

A. Hydromechanical Grease Interceptor: A plumbing appurtenance or appliance that intercepts fats, oil and grease from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. The design incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination.

1. Grease Removal Device: Any hydromechanical grease
interceptor that automatically, mechanically removes FOG from DRAFT

the interceptor, the control of which are either automatic or manually initiated.

2. Grease Trap: A device designed to retain grease from one to a maximum of four fixtures.

3. Trapzilla or Approved Equal: A polyethylene large capacity hydromechanical grease interceptor.

B. Gravity Grease Interceptor: A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept FOG from a wastewater discharge and is identified by volume, retention time, baffles, a minimum of two compartments, a minimum total volume of 300 gallons, and gravity separation. Gravity grease interceptors are generally installed outside.

Food Service Establishment (FSE): Those establishments primarily engaged in activities of preparing, serving, or otherwise making food available for consumption by the public. FSEs include but are not limited to restaurants, commercial kitchens, caterers, hotels, schools, hospitals, prisons, correctional facilities, and care institutions.

Best Management Practice (BMP): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to reduce the FOG discharges.

FOG Requirements:

A. All FSEs where food is being prepared or kitchenware is being washed shall install an appropriately sized grease interceptor. Espresso bars, juice bars, and other low impact FSEs may be excluded on a case by case basis.

B. Existing FSEs with planned plumbing improvements or tenant improvement plans subject to a building permit shall be evaluated during the building permit process and shall install an appropriately sized grease interceptor if one is not already in place. If a grease interceptor is required, these facilities shall first obtain approval of device type and size from the City Engineer for proper device type and size prior to receiving a building/plumbing permit.

Newly constructed FSEs shall install an appropriately sized gravity grease interceptor in conformance with CPC Chapter 10. All such facilities shall obtain prior approval from the City Engineer for sizing prior to receiving a building permit.

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C. All existing food service establishments that are determined by the City Engineer, to have a reasonable potential to adversely impact the City’s sanitary sewer system will be required to install an appropriately sized grease interceptor or upgrade their current system to conform to the requirements of this policy. Facilities with undersized or nonfunctional grease interceptors as determined by the city will be required to install an appropriately sized grease interceptor or upgrade their current system to conform to the requirements of this policy. FSEs will be notified of their obligation to fulfill applicable requirements within a time period specified in a Notice of Correction.

Plan Review:

All building plans for the new construction of FSEs, as well as alterations of an existing FSE that require a building permit shall be approved by the City Engineer prior to issuance of the building permit.

Alternative Pretreatment Technology:

A. Devices required under this Policy shall be installed unless the City Engineer authorizes the installation of alternative pretreatment technology.

The installation of alternative pretreatment technology will be considered where the installation of a grease interceptor is not feasible due to physical constraints or other considerations.

B. Alternative pretreatment technology includes, but is not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the sanitary sewer. All alternative pretreatment technology must be appropriately sized and approved by the City Engineer.

Installation Requirements:

A. Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code or other codes adopted by the City of Fortuna.

B. Waste lines leading from sinks, drains, and other fixtures or equipment in FSEs where grease may be introduced into the sanitary sewer system may be required to be connected to a grease interceptor.

C. Gravity grease interceptors shall be constructed in accordance with the City of Fortuna Standard Drawings. The minimum size gravity grease interceptor allowed is 750 gallons. If more than one interceptor will be installed to achieve the required storage capacity, the interceptors shall be DRAFT

installed in series. All interceptors except the final one shall be designed as a single chamber interceptor. Gravity grease interceptors shall not be located in a food or utensil handling area.

D. Trapzilla Hydromechanical Grease Interceptors or Approved Equal shall be a minimum size of 75 gallons per minute unless specifically authorized by the City Engineer.

E. Grease interceptors shall be installed at a location where they are easily accessible for inspection, cleaning, and removal of intercepted grease.

F. Grease traps are not allowed in new construction and remodels unless specifically approved by the City Engineer. Approval shall only be granted in instances where the installation of a gravity grease interceptor, grease removal device, Trapzilla (or Approved Equal), or alternative pretreatment technology is not feasible. Grease traps shall not be located, in a food or utensil handling area.

G. Sanitary wastes shall not be discharged to a grease interceptor.

H. No food waste disposal unit or dishwasher shall discharge into any hydromechanical grease interceptor.

1. Existing facilities with food waste disposal units that discharge to hydromechanical grease interceptors or discharge directly to the sanitary sewer shall remove the food waste disposal unit or connect it to a gravity grease interceptor with a minimum size of 1,000 gallons.

2. Existing facilities with dishwashers that discharge to hydromechanical grease interceptors shall re-route the dishwasher to discharge directly to the sanitary sewer or with the approval of the City Engineer may discharge to a gravity grease interceptor with a minimum size of 750 gallons.

Maintenance Requirements:

A. All grease interceptors/devices shall be maintained in efficient operating condition in conformance with CPC § 1014.1.2 and FMC Chapter 13. Accumulated grease and sediment shall be removed as required. At a minimum gravity grease interceptors and grease traps shall be cleaned when the volume of sediment and grease equals or exceeds 25% of the total depth of the sediment, water, and grease layers.

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B. Grease Removal Devices, Trapzillas (or Approved Equals), and Alternative Pretreatment Technologies shall be cleaned and maintained in accordance with the manufactures’ recommendations.

C. No collected waste shall be introduced into the sanitary sewer.

D. All grease interceptors shall be kept free of non-food waste including but not limited to grit, rocks, gravel, sand, eating utensils, cigarettes, trash, towels, and rags.

E. The addition chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives used for purposes of grease reduction to a grease interceptor is specifically prohibited.

F. If the City of Engineer determines that a grease interceptor is not being properly cleaned and maintained, the City may mandate a maintenance program. Maintenance programs shall include but are not limited to mandatory cleaning frequencies. Facilities that fail to adhere to a mandated maintenance program may be required to install additional grease interceptors.

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APPENDIX H

SEWER SECTION OF CAPITAL IMPROVEMENT PLAN
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City of Fortuna 2023-2024 CIP
Drainage Systems 22
Sewer System Model and Master Plan CIP# 9110
Description
Develop an updated master plan for the sewer system
of the entire City.

Justification
This master plan will provide information that staff
can use to identify improvements needed to develop
future projects to provide proper capacity and
collection of the City’s sewer system.

Studies and Reports
Oscar Larson Sanitary Sewer System Evaluation and
Recommended Improvements Report 2011

Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
N/A
Comments
(Director of Public Works)
Project Cost Estimate
2023 Dollars

1. Planning $165,000 23/24
Total $165,000
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City of Fortuna 2023-2024 CIP
Drainage Systems 23
NPDES Compliance Project CIP# 0171
Description
Perform engineering design and permitting for the
treatment plant upgrade and new summertime
effluent disposal location. Restrict flows to Strongs
Creek to 1% of the creek flow and comply with
nutrient effluent limitations. Includes WWTP
Equalization Pond Project
Justification
This project will bring the plant into compliance
with the 2016 permit standards set by the Regional
Water Quality Control Board.

Studies and Reports
GHD 2015 Pre-Feasibility Analysis
Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
Sewer Reserve Fund 560;
Prefeasibility Analysis $178,709
Compliance Project $440,000
SWRCB Grant Fund 360;
Compliance Project $500,000
Comments
The projected costs below are for complete
compliance with the RWQCB including
construction, potential property acquisition(s),
plant upgrades and design. The estimates will
be updated as the analysis is more complete and
a clearer picture of the permit is realized.
(City Engineer)
Project Cost Estimate
2023 Dollars

1. Design $2,000,000 23/24

2. Construction $10,000,000 25/26

3. Construction $10,000,000 26/27
Total $22,000,000
DRAFT
City of Fortuna 2023-2024 CIP
Drainage Systems 24
Sanitary Sewer Lining Project CIP# 9976
Description
Identify locations and contract for lining of
existing sanitary sewer lines at various
locations within the City. Includes from 12th
Street to the parking lot at Forbusco Lumber.

Justification
The City has aging infrastructure, and
especially sewer lines age and crack
resulting in inflow from storm water
impacting the sewage treatment facility, this
will help in alleviating those impacts.

Studies and Reports
SHN 2018 Sanitary Sewer Evaluation Study
Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
$200,000 grant funds SWRCB for
planning
Comments
2nd Avenue was recommended by the
SSES as one of the worst sections in the 2018 study.
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $100,000 23/24

2. Construction $800,000 24/25
Total $900,000
DRAFT
City of Fortuna 2023-2024 CIP
Drainage Systems 25
East Downtown Sewer Replacement Project CIP# 9514
Description
Replacement of the existing sewer line with 6” SDR 35
(plastic) in the alleys between 14th and 15th Street as well as 15th to 16th Street from N Street to P Street. Also on 8th Street from P Street to Main Street.

Justification
The existing line was constructed from clay, which, over time, has led to storm water infiltration of the sewer.

Replacing these lines will reduce the cost of treating this water at the wastewater treatment facility.

Studies and Reports
Identified and recommended by the Utilities Crew.

Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $550,000 25/26
Total $550,000
DRAFT
City of Fortuna 2023-2024 CIP
Drainage Systems 26
P Street Sewer Replacement Project CIP# 9121
Description
Replacement of the existing sewer line with 6” SDR
35 (plastic) on P Street in between Garden and 9th
Street, including manhole rehabilitations.

Justification
The existing line was constructed from clay, which
over time has deteriorated and been damaged by
roots. The damage has led to storm- and ground
water infiltration of the sewer. Replacing these lines
will reduce the cost of treating this water at the
wastewater treatment facility.

Studies and Reports
Identified and recommended by the Utilities Crew
while performing sewer camera inspections in 2022.

Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $150,000 23/24
Total $150,000
DRAFT
City of Fortuna 2023-2024 CIP
Drainage Systems 27
Hilltop Sewer Main Project CIP# TBD
Description
Extend 6” SDR 35 (plastic) sewer main to
include all of Hilltop Drive (approximately
900 feet).

Justification
Currently the City’s sewer ends at the
intersection of Ridgeview and Hilltop. This
leaves approximately 30 homes on Hilltop
Drive with septic systems. City code requires
anyone within 1,000 feet of City sewer to be
connected to sanitary sewer system. This project
will reduce the inherent ground water pollution
sources from septic systems.

Studies and Reports
Identified by the Utility Superintendent.

Funding Sources
Future Unidentified Grant Funds
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $50,000 26/27

2. Construction $450,000 27/28
Total $500,000
DRAFT
City of Fortuna 2023-2024 CIP
Drainage Systems 28
Treatment Plant PLC, VPN, and Hardware Upgrades CIP# TBD Description
Replace defunct SE Modicon PLC Cards, non-functioning VPN, and rewire PLC cabinets (5 total).

Justification
Our Modicon PLCs were discontinued in 2020, and
their end of life is in 2028. With a new plant upgrade
on the way, we need PLCs with extended life that can
keep up with our plant until the next upgrade is needed.

Our VPN has been non-functional since 2020, and we
need secure remote access to our SCADA system at all
times. Wiring is optional, but currently some of our
cabinets are an unlabeled, or mislabeled, mess. Getting PLC addresses properly labeled and all equipment
wired during the plant upgrade can allow for proper
future automation, maintenance, and operation of our
equipment.

Studies and Reports
Identified by the assistant city engineer, wastewater
operations team, and consulting engineers.

Funding Sources
TBD
Prior Appropriations
N/A
Comments
This project could be combined with the Compliance Project, CIP 0171. (City Engineer)
Project Cost Estimate
2023 Dollars

1. Design $50,000 26/27

2. Construction $350,000 27/28
Total $400,000
DRAFT
City of Fortuna 2023-2024 CIP
Drainage Systems 29
Sanitary Sewer Collections System CCTV CIP# 9122
Description
This CIP would fund a sewer camera contractor to assist the City in cleaning and inspecting gravity sewer lines older than 10-years.

Justification
The City is required through a settlement agreement with California River Watch to complete CCTV sewer camera inspection of the entire collection system by May 2024. To date City staff have been able to complete inspections of 12 miles of sewer line, however there are approximately 40 miles remaining. This funding would allow the City to contract with a sewer camera specialist to complete the effort
Studies and Reports
N/A
Funding Sources
Sewer Fund 560
Prior Appropriations
Sewer Fund 560: $250,000
Comments
City staff will proceed with
performing CCTV inspection of as
much of the system as possible prior
to contracting with a specialist to
complete the effort by the compliance date.
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $600,000 23/24
Total $600,000
DRAFT
Consent Item 4o

STAFF REPORT
City Council Consent Item
DATE: January 16, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Authorize City Manager to Submit Individual Grant Applications for Regional Early Action Planning Grant Programs for which the City of Fortuna is Eligible; Resolution 2024-01
STAFF RECOMMENDATION:

Authorize the City Manager to submit all grant applications for Regional Early Action Planning Grant Programs for which the City of Fortuna is eligible by adopting Resolution 2024-01.

EXECUTIVE SUMMARY:

On April 3, 2020, the Humboldt County Association of Governments (HCAOG) received a Regional Early Action Planning Grant to so support the region with one-time funding in the amount of $199,000 to enable Humboldt County jurisdictions to meet the sixth cycle of the regional housing needs assessment.

HCAOG set aside $18,000 of this funding for the City of Fortuna to implement a planning project as a sub applicant to HCAOG. The City is responsible for identifying a project that meets the requirements of the grant and to submit a suballocation to HCAOG and implementing the work identified in the suballocation.

When the grant was originally applied for, the intention was to use the funds designated generically to obtain technical assistance for infill planning or to develop a grant application for additional planning funding or to adopt development standards. The City has the ability to change or specify how the work to be completed and is responsible for completing the work by end of the current fiscal year.

Staff expect to use the funding to complete California Environmental Quality Act Analysis for housing scenarios within the City including the for the planned growth with and without the changes contemplated for the former Pacific Lumber Mill Site, for which a specific plan is being prepared.

To meet the completion deadline of May 30, 2024, and receive grant funding, staff suggests that the City Council adopt Resolution 2024-01 to authorize the City Manager to submit all necessary grant suballocation documents. This authorization is effective until rescinded by the Signature Authority or by the City Council.

Consent Item 4o

FINANCIAL IMPACT:

The City will be eligible to receive a base grant award of $18,000 and possibly additional funds if unused by other jurisdictions. If not approved, the City will have to find another source to complete the necessary work.

RECOMMENDED COUNCIL ACTION:

Authorize the City Manager to submit individual grant applications for the Regional Early Action Planning Grant Programs for which the City of Fortuna is eligible, Resolution 2024-01. Consent Agenda vote.

ATTACHMENTS:
 Resolution 2024-01; A Resolution of the City Council of the City of Fortuna Authorizing The City Manager to Apply for Regional Early Action Planning Grant RESOLUTION 2024-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

AUTHORIZING THE CITY MANAGER TO APPLY FOR REGIONAL EARLY

ACTION PLANNING GRANT
WHEREAS, the Humboldt County Association of Governments (HCAOG) is administering the Regional Early Action Planning Grant (REAP); and
WHEREAS, the City may apply for grant funds and technical assistance to support planning efforts that will stimulate housing production; and
WHEREAS, the City's efforts on the Mill Site Specific Plan and traffic analysis meet the objectives of the REAP Program; and
WHEREAS, the traffic analysis will provide a basis to evaluate impacts of vehicle miles traveled as required California Environmental Quality Act Analysis for various housing scenarios, and will include analysis of the planned growth of the City with and without and the Mill Site; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fortuna authorizes the submittal of sub-allocation requests to HCAOG for REAP grants for which The City of Fortuna is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or their designee, is hereby authorized and empowered to execute in the name of the City of Fortuna all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project PASSED and ADOPTED on this 16th day of January 2024, by the following roll call vote:

AYES: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSTAIN: None
ABSENT: None
Tami Trent, Mayor
ATTEST:

Siana L. Emmons, City Clerk
Consent Item 4p

STAFF REPORT
City Council Consent Item
DATE: January 16, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Appoint Real Property Negotiator for the City of Fortuna Concerning the Real Property Located at 624 Main Street, Fortuna CA
STAFF RECOMMENDATION:

Appoint the City Manager as the real property negotiator for the City of Fortuna concerning the real property owned by Ray Chisum located at 624 Main Street, Fortuna CA.

EXECUTIVE SUMMARY:

In accordance with Government Code Section 54956.8, the legislative body of a local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate.

Ray Chisum, the property owner of 624 Main Street approached the City and has expressed interest in selling his property adjacent to the Monday Club to the City for uses associated with the Monday Club. This property has the potential to be a valuable asset to the City.

The City Manager or City Attorney have been appointed as the real property negotiator in the past.

In this case, the recommendation is that the City Manager be appointed the real property negotiator.

FISCAL IMPACT:

There is no direct fiscal impact from this action.

RECOMMENDED COUNCIL ACTION:

Appoint the City Manager as the real property negotiator for the City of Fortuna concerning the real property owned by Ray Chisum located at 624 Main Street, Fortuna CA. Consent Agenda vote.

Business Item 5a

STAFF REPORT
City Council Business Item
DATE: January 16, 2023
TO: Honorable Mayor and Council Members
FROM: Ryan Plotz, City Attorney
THROUGH: Merritt Perry, City Manager
SUBJECT: Second Reading and Adoption of Ordinance 2024-765, Amending Chapter

8.16 of the Fortuna Municipal Code to Provide for Revised Nuisance Regulation and Abatement
STAFF RECOMMENDATION:

Conduct a second reading and adoption, by title only, of Ordinance No. 2024-765, which proposes revisions to the City’s existing nuisance regulations.

EXECUTIVE SUMMARY:

The City’s current nuisance regulations, which were last revised in 1990, are contained in Chapter

8.16 of the Fortuna Municipal Code. The City Attorney has identified portions of the City’s nuisance regulation that require revisions.

The proposed ordinance, if adopted, revises the nuisance regulations to make the following changes:

1. Provide a more expansive definition of conditions and conduct that constitute a nuisance;

2. Provide an option for summary abatement of conditions or conduct that pose an imminent risk to health and safety;

3. Provide for administrative fines;

4. Update cost recovery options; and

5. Re-name the nuisance regulations from “Property Maintenance” to “Neighborhood Preservation”.

Staff recommends that the City Council introduce and conduct a first reading on Ordinance No. 2024-765. Staff would bring the ordinance back for a second reading and adoption in January.

DISCUSSION:

The City has broad powers to regulate and provide for the abatement of conditions or conduct that are declared to be public nuisances. Abatement options include administrative abatement, summary abatement, court ordered abatement, or criminal prosecution. This authority comes from the California Constitution and statutory law, including the Government Code and the Civil Code.

Business Item 5a

The City’s existing nuisance regulations were last revised in 1990 and require updating for several reasons.

First, the existing nuisance regulations are too limiting in the definition of what constitutes a public nuisance. The existing definition provides an inflexible listing of particular conditions of real property. (See Section 8.16.020 of the FMC for the City’s current list.) The proposed ordinance revises the definition of public nuisance to be more expansive. The proposed ordinance declares all of the following to constitute a public nuisance:
 Activities prohibited by California Penal Code, Part 1, Title 10 and Sections 370, 371 and 11225. These sections cover conduct such as illegal gambling, human trafficking, or “anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood”;  Any condition recognized in law or equity as constituting a public nuisance;  Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;
 Any condition that is in violation of any duly enacted ordinance of the Fortuna Municipal Code, or resolution or lawful order promulgated by authorized city officials;  Any condition in violation of Chapter 17, Zoning Regulations, of the FMC;  Anything defined as a nuisance pursuant to state and federal law, including, but not limited to, California Civil Code Section 3479 et seq.;  Any condition in violation of the weed and rubbish abatement laws;  Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;  Any condition that constitutes an attractive nuisance, which include those objects or conditions that, by their nature may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded;
 Any condition that constitutes a visual blight, including:
o Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials;
Business Item 5a

o Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment;
o Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles;
o Stagnant water or excavations;
o Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location;
o The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values;
o Any condition of a building or structure deemed to be unsafe or that in the discretion of the code compliance administrator or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this Code or any other applicable law;
o Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3;  Behavior constituting a violation of Cal. Penal Code §§ 407, 409, 415, 416, and 603 or other noise, explosions, destruction of property or audible conduct that is unreasonably loud, raucous, excessive or jarring to persons within the area of audibility in any zone of the city which disturbs the peace or quiet of any neighborhood; and  Any violation of the Fortuna Municipal Code.

The proposed ordinance also includes a provision declaring certain conduct occurring on public property to be a public nuisance. (See Section 8.16.040 (Unlawful nuisance on public property) of Exhibit A to the proposed ordinance.)
By providing a more expansive definition of public nuisance, the City has more effective enforcement options at its disposal to abate conditions and/or unlawful conduct.

Second, the proposed ordinance revises the abatement procedures to include a summary abatement option, which the existing regulations do not provide. Summary abatement allows the City to immediately (i.e., without prior notice and opportunity to cure) abate any nuisance which the city manager determines is imminently dangerous to the life, limb, health or safety of the occupants or users of the property or to the public.

Third, the proposed ordinance updates the penalties for violating the nuisance regulations by doing each of the following: (i) allows the City to choose between punishing violations as either an infraction or a misdemeanor and (ii) provides for a daily fine for continuing violations following a final order to abate in the amounts set forth in Section 8.16.270 of the proposed regulations.

Environmental Review
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) Business Item 5a

Guidelines Section 15061 based on the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed ordinance would increase the ability of the City to assure code compliance within the City and would not have any potential for creation of a significant environmental impact.

FISCAL IMPACT:

None.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report;

2. Take public comment;

3. Discuss and consider the proposed ordinance; and

4. Motion to conduct a second reading and adopt Ordinance No. 2024-765, and read by title only.

ATTACHMENTS:
 Ordinance No. 2024-765, an Ordinance of the City Council of the City of Fortuna Amending Chapter 8.16 of the Fortuna Municipal Code to Provide for Revised Nuisance Regulation and Abatement and Determining the Ordinance to be Exempt from CEQA ORDINANCE NO. 2024-765

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA AMENDING CHAPTER 8.16 OF THE FORTUNA MUNICIPAL CODE TO PROVIDE

FOR REVISED NUISANCE REGULATION AND ABATEMENT 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, pursuant to Ordinance No. 90-557, the City adopted nuisance regulations, which are codified in Chapter 8.16 of the Fortuna Municipal Code; and WHEREAS, by way of this Ordinance No. 2024-765, the City Council desires to update and amend its nuisance regulations, as set forth below; and WHEREAS, adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the City Council has considered the staff report, supporting documents, public comment, and all appropriate information that has been submitted with this Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment. The City Council hereby directs staff to prepare, execute, and file with the Humboldt County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 3. Findings.

A. Article XI, Section 7 of the California Constitution authorizes the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations; B. Government Code Section 38771 permits the City to identify public nuisances by ordinance;
C. Code of Civil Procedure Section 731 permits civil actions to be brought in the name of the People of the State of California to abate public nuisances; D. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare, including, without limitation, matters that devalue real property and contribute to blight; and
E. A review of Chapter 8.16 of the Fortuna Municipal Code shows that it is desirable to update the City’s nuisance regulations as set forth herein to, among other things, provide for a more comprehensive declaration of what constitutes a public nuisance and to provide for revised abatement processes.

SECTION 4. Municipal Code Amendment. Chapter 8.16 – Property Maintenance — of the Fortuna Municipal Code is hereby amended, in its entirety, in the form and substances 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 cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 8 of the Fortuna Municipal Code.

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

SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 18th day of December, 2023 by the following vote:

AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
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 16th day of January, 2024 by the following vote:

Tami Trent, Mayor
AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
______________________________
Siana L. Emmons, City Clerk
Exhibit “A”
Chapter 8.16

NEIGHBORHOOD PRESERVATION
Sections:

Division I. General Provisions

8.16.010 Purpose.

8.16.020 Definitions.

Division II. Nuisance

8.16.030 Nuisance

8.16.040 Unlawful nuisance on public property.

8.16.050 Declaration of public nuisance.

Division III. Abatement Procedure

8.16.060 Notification of nuisance.

8.16.070 Hearing to abate nuisance.

8.16.080 Notice of hearing.

8.16.090 Hearing by city manager.

8.16.100 Procedure, no appeal.

8.16.110 Appeal procedure, hearing by city council.

8.16.120 Decision by council.

8.16.130 Service of order to abate.

8.16.140 Hearing procedure before city manager and council.

8.16.150 Abatement by city.

8.16.160 Limitation of filing judicial action.

8.16.170 Summary Abatement

8.16.180 Limitation of filing judicial action following summary abatement..

8.16.190 Demolition.

8.16.200 Notice of intent to demolish.

Division IV. Lien Procedure

8.16.210 Record of cost of abatement.

8.16.220 Revolving fund.

8.16.230 Sale of materials.

8.16.240 Assessment lien.

8.16.250 Alternative actions available.

8.16.260 Violations.

8.16.270 Administrative fines for violations of Chapter.

Division I. General Provisions

8.16.010 Purpose.

The Purpose of this chapter is to ensure the comfortable enjoyment of life and property within the city. Anything or condition, including, but not limited to, violations of this code, which threatens injury or damage to the health, safety, welfare or property of members of the public, which obstructs the free use of property of others or interferes with the comfortable enjoyment of life or property is considered a nuisance by this council.

8.16.020 Definitions.

As used in this chapter:

A. “Building” means any structure used or intended for supporting or sheltering any use or occupancy and includes any house, garage, duplex, apartment, condominium, stock cooperative, or other residential structure, and includes all retail commercial and industrial structures.

B. “City manager” means the city manager or the city manager’s designee.

C. “Owner” means any individual(s) or legal entity(ies) having legal record ownership of the subject property, or effective possession or control of the property, or the individual(s) and entity(ies) having responsibility for maintenance or management of the subject property, including but not limited to fee owners, lessees, occupants and homeowners’ associations. A homeowners’ association or a property management company which exercises control or management over a common area shall be deemed an owner of such common area.

D. “Person” means any individual, partnership, corporation, association or other organization, however formed.

E. “Property” means all personal and real property within the city and shall include any building located on such real property.

F. “Unreasonable state of partial construction” means any unfinished building or structure which has been in the course of construction two years or more, and where the appearance or the conditions of said unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property value in the immediate neighborhood.

G. “Abatement costs” means all specific abatement costs, including reasonable reinspection fees prescribed by city council resolution, administrative and incidental expenses. “Incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect, costs incurred in inspecting the property, in documenting the nuisance, the actual expense to the city for the preparation of notices, preparation of specifications and contracts for abatement and the inspection of the work, the costs of printing and mailings required hereunder, and attorneys’ fees pursuant to California Government Code § 38773.5.

Article II. Nuisance

8.16.030 Nuisance.

A. Activities prohibited by California Penal Code, Part 1, Title 10 and Sections 370, 371 and 11225 et seq., as enacted or hereinafter amended, shall be unlawful, constitute a public nuisance, and enforcement and abatement shall be undertaken as provided by law.

B. It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this city to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:

1. Any condition recognized in law or equity as constituting a public nuisance;

2. Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;

3. Any condition that is in violation of any duly enacted ordinance of the Fortuna Municipal Code, or resolution or lawful order promulgated by authorized city officials;

4. Any condition in violation of Chapter 17, Zoning Regulations, of this Code, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the city council or the planning commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the city;

5. Anything defined as a nuisance pursuant to state and federal law, including, but not limited to, California Civil Code Section 3479 et seq.;

6. Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39501 et seq., and 39560 et seq., as enacted or hereafter amended and enforced by city ordinance and resolutions;

7. Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;

8. Any condition that constitutes an attractive nuisance, which include those objects or conditions that, by their nature may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded;

9. Any condition that constitutes a visual blight. For purposes of this Code, visual blight is any unreasonable, nonpermitted or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:
a. Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials,
b. Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment,
c. Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this article, “active state of renovation or restoration” means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed ninety days, whether consecutive or non-consecutive, out of any twelve-month period,
d. Stagnant water or excavations,
e. Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location,
f. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project;
g. Any condition of a building or structure deemed to be unsafe or that in the discretion of the code compliance administrator or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this Code or any other applicable law;
h. Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3 or its successor; i. Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by city inspectors and before such final inspection has been noted on the permit card obtained from the city;
C. Behavior constituting a violation of Cal. Penal Code §§ 407, 409, 415, 416, and 603 or other noise, explosions, destruction of property or audible conduct that is unreasonably loud, raucous, excessive or jarring to persons within the area of audibility in any zone of the city which disturbs the peace or quiet of any neighborhood.

D. Any violations of this Code.

8.16.040 Unlawful nuisance on public property.

It shall be unlawful for any property owner to maintain or to allow to be maintained property for any purpose so as to create any of the following conditions on adjacent or contiguous public property:

A. The discarding of furniture, appliances, containers of used motor oil, car batteries, tires and other household waste upon a public street, right-of-way or other public property; B. The depositing or spilling of debris, including trash, paper, wood, plant cuttings and other vegetation onto the public right-of-way or other public property; C. The depositing of mud, dirt, sand, gravel, or concrete onto the public right-of-way; D. The existence of any condition or use which unlawfully obstructs the free passage or use of any public right-of-way, street, or sidewalk.

8.16.050 Declaration of public nuisance.

Any property found to be maintained in violation of the foregoing section is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures for abatement set forth herein or as otherwise provided by law. However, the city shall take into consideration the overall character of the neighborhood in declaring a public nuisance. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

Article III. Abatement Procedure

8.16.060 Notification of nuisance.

Whenever the city manager determines that any property within the city is being maintained contrary to one of the provisions of Section 8.16.030 of this Chapter, the city manager shall give written notice (the “Notice to Abate”) to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event more than fifteen (15) days unless granted a longer period of time by the city manager, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 8.16.080 of this Chapter covering service in person or by mail.

8.16.070 Hearing to abate nuisance.

In the event said owner shall fail, neglect, or refuse to comply with the “Notice to Abate,” the city manager shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance.

8.16.080 Notice of hearing.

Notice of said hearing shall be served upon the owner not less than fifteen (15) days before the time fixed for hearing. Notice of hearing shall be served in person or by certified mail to the owner’s last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:

NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE This is a notice of hearing before the City Manager (or his designees) to ascertain whether certain property situated in the City of Fortuna, State of California, known and designated as (street address) _________________________, in said City, and more particularly described as (assessor’s parcel number) _______________________ constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings situated thereon. If said property, in whole or part, is found to constitute a public nuisance as defined in this Code and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such property, and such costs, together with interest thereon, will constitute a lien upon such property until paid, in addition, you may be cited for violation of the provisions of the Municipal Code and subject to a fine.

Said alleged conditions consist of the following:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
The method(s) of abatement are:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.

Dated this __________________day of _______________________, 20_______ _________________________________
City Manager
Time and Date of Hearing:
_________________________________
Location of Hearing:
_________________________________
_________________________________

8.16.090 Hearing by city manager.

A. At the time stated in the notice, the city manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property.

Said hearing may be continued from time to time.

B. If the city manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the city manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement, and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 8.16.110 of this Chapter. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section

8.16.080 of this Chapter. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property.

8.16.100 Procedure, no appeal.

In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the findings and order. In the event the owner fails to abate the nuisance as ordered, the city manager shall cause the same to be abated by city employees or by private contract. The costs shall be billed to the owner, as specified in Section 8.16.150 of this Chapter. The city manager, city employees, or private contractors are expressly authorized to enter upon said property for such purposes.

8.16.110 Appeal procedure, hearing by city council.

A. The owner may appeal the city manager’s findings and order to the city council by filing a written appeal with the city clerk within seven (7) days of the date of service of the city manager’s decision. The appeal shall contain:

1. A specific identification of the subject property;

2. The names and addresses of all appellants;

3. A statement of appellant’s legal interest in the subject property;

4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;

5. The date and signature of all appellants; and

6. The verification of at least one appellant as to the truth of the matters stated in the appeal.

B. As soon as practicable after receiving the appeal, the city clerk shall set a date for the council to hear the appeal which date shall be no less than seven (7) days nor more than thirty (30) days from the date the appeal was filed. The city clerk shall give each appellant written notice of the time and place of the hearing at least five (5) days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal.

C. Continuances of the hearing may be granted by the council on request of the owner for good cause shown, or on the council’s own motion.

8.16.120 Decision by council.

Upon the conclusion of the hearing, the council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the council so finds, the council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event more than 15 days unless additional time is granted by the council due to weather. The decision and order of the council shall be final.

8.16.130 Service of order to abate.

A copy of the resolution of the council ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of Section 8.16.080 of this Chapter. Upon abatement in full by the owner, the proceedings hereunder shall terminate.

8.16.140 Hearing procedure before city manager and council.

A. There shall be a record made of all hearings.

B. Hearings need not be conducted according to the technical rules of evidence.

C. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper admission of any such evidence over objection in civil actions in courts of competent jurisdiction in this state.

D. Oral evidence shall be taken only on oath or affirmation.

E. Irrelevant and unduly repetitious evidence shall be excluded.

8.16.150 Abatement by city.

If such nuisance is not abated as ordered within said abatement period, the city manager shall cause the same to be abated by city employees or private contractor. The city manager, city employees, or private contractors are expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty (30) days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect; costs incurred in documenting the nuisance; the actual expenses and costs of the city in the presentation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

8.16.160 Limitation of filing judicial action.

Any action appealing the council’s decision and order shall be commenced within thirty (30) days of the date of service of the decision.

8.16.170 Summary abatement.

A. Any nuisance which the city manager determines is imminently dangerous to the life, limb, health or safety of the occupants or users of the property or to the public may be summarily specifically abated in accordance with the procedures set forth in subsection (D) of this section.

B. Actions taken to specifically abate imminently dangerous property nuisances may include, but are not limited to, any abatement action determined by the city manager to be necessary.

C. Summary abatement actions taken by the city manager shall be fully documented prior to or contemporaneously with abatement. Documentation may include photographs or drawings of the condition, and a written statement by city staff, and/or other firsthand witnesses as to the circumstance, condition or occurrence constituting the nuisance.

D. Whenever the city manager determines that summary abatement is justified by an imminently dangerous condition, circumstance, or occurrence, the city manager shall, if practicable, give immediate written notice to the property owner and personal or written notice to the occupant of the premises as to the nuisance. If the property owner cannot be located or fails to take prompt appropriate action to abate the nuisance, the city manager may proceed to take abatement action authorized in this chapter to the extent necessary to remedy the immediate danger without further notice or right to a prior hearing.

E. No imminently dangerous building or property shall be abated by demolition unless the order is based on a competent declaration under penalty of perjury by the city manager, describing the specific conditions existing in the structure which justify the demolition.

F. Prior to any demolition as provided for in this chapter, the property owner may submit engineering or other information supporting preservation of the building rather than demolition.

Such data or information shall be submitted to the city manager within five (5) city business days after the declaration of substandard building is received by the property owner. The city manager shall have no duty to withhold demolition in an emergency situation.

G. Once summary abatement action has been completed, the property owner may appeal the need for abatement action, and/or the abatement cost, in the manner provided in Sections 8.16.110 within seven (7) calendar days after service, by first-class mail, postage prepaid, of the statement of abatement cost. No abatement cost shall be assessed against a property owner under this section if the city hearing officer makes a finding, based on the objections and protests, that the property owner did not create, acquiesce in, or allow to continue the nuisance which created the need for summary abatement or was otherwise not at fault.

8.16.180 Limitation of filing judicial action following summary abatement.

Any action appealing the council’s decision and order shall be commenced within thirty (30) days of the date of service of the decision.

8.16.190 Demolition.

No property shall be found to be a public nuisance under Section 8.16.030 of this Chapter and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.

8.16.200 Notice of intent to demolish.

A copy of any order or resolution requiring abatement by demolition under Section 8.16.190 of this Chapter shall be forthwith recorded with the Humboldt County recorder.

Division IV. Lien Procedure

8.16.210 Record of cost of abatement.

The city manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition, or repair of said property, including any salvage value relating thereto; provided, that before said report is submitted to the city council, a copy of the same shall be posted for at least five days upon such property, together with a notice for the time when said report shall be heard by the city council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with provisions of Section 8.16.080 of this Chapter at least five (5) days prior to submitting the same to the city council. Proof of said service shall be made by affidavit filed with the city clerk.

8.16.220 Revolving fund.

The council may create a revolving fund or funds from which may be paid the costs of enforcing the provisions of this chapter and into which shall be paid the receipts from the collection of costs as set forth in this chapter.

8.16.230 Sale of materials.

The materials contained in any nuisance abated by the enforcement official may be sold in the same manner as surplus city personal property is sold, and the proceeds from such sale shall be paid into the revolving fund.

8.16.240 Assessment lien.

The total cost for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a certified copy of the council’s decision shall be filed with the Humboldt County auditor-controller on or before August 1st of each year, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

In the alternative, after such recordation, such lien may be foreclosed by judicial, or other sale in the manner and means provided by law.

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN
(Claim of City of Fortuna)
Pursuant to the authority vested by the provisions of Section ______________ of the Fortuna Municipal Code, the City Manager of the City of Fortuna did on or about the _______ day of _________________, 20______, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Fortuna did on the _______day of _________________, 20______, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Fortuna does hereby claim a lien on such rehabilitation, repair, or demolition in the amount $________________; and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Fortuna, County of Humboldt, State of California, and particularly described as follows:
(description)
Dated this ______day of ____________, 20_____.
_________________________________
City Manager
City of Fortuna

8.16.250 Alternative actions available.

Nothing in this chapter shall be deemed to prevent the council or the city manager from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to them under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.

8.16.260 Violations.

A. The owner or other person having charge or control of any such building, structure or property who maintains any public nuisance defined in this chapter or who violates any chapter is guilty of a misdemeanor.

B. Any person who removes or defaces any notice or order posted as required by this chapter is guilty of a misdemeanor.

C. No person shall obstruct, impede or interfere with any representative of the city department or any private contractor engaged by the city, or with any person who owns or holds any estate or interest in the building or structure which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed or with any person to whom such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the city, purchaser, or person having interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

8.16.270 Administrative fines for violations of Chapter.

A violation of this Chapter may be punishable as an infraction or misdemeanor, within the discretion of the City Attorney. The fines shall be levied as follows:

A. Infractions. Except as provided in Subsection B of this section, an infraction is punishable by:

1. A fine not exceeding one hundred dollars for the first violation;

2. A fine not exceeding two hundred dollars for the second violation within any consecutive 12-month period; and

3. A fine not exceeding five hundred dollars for the third or subsequent violation within any consecutive 12-month period.

B. An infraction committed in violation of the City’s building and safety codes is punishable by:

1. A fine not exceeding $130.00 for a first violation;

2. A fine not exceeding $700.00 for a second violation of the same ordinance within one year of the first violation;

3. A fine not exceeding $1,300 for each additional violation of the same ordinance within one year of the first violation;

4. A fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

C. Misdemeanors. A misdemeanor is punishable by a fine not exceeding one thousand dollars, imprisonment, or both.

D. The administrative fines shall constitute a civil debt owing to the city jointly and severally by the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the city.

E. Each day or portion thereof that the provisions of this Chapter are violated shall be deemed as a separate offense.

Business Item 5b

STAFF REPORT
City Council Business Item
DATE: January 16, 2023
TO: Honorable Mayor and Council Members
FROM: Ryan Plotz, City Attorney
THROUGH: Merritt Perry, City Manager
SUBJECT: Second Reading and Adoption of Ordinance 2024-766, Adding Chapter 9.05 to Article 9 of the Fortuna Municipal Code to Adopt Social Host Regulations STAFF RECOMMENDATION:

Conduct a second reading and adoption, by title only, of Ordinance No. 2024-766, which imposes penalties upon persons responsible for loud or unruly gatherings where alcohol is consumed by, served to, or in the possession of minors, as set forth in the proposed ordinance.

EXECUTIVE SUMMARY:

The purpose of the proposed ordinance is to make it a violation of the Fortuna Municipal Code for any person to permit, allow, or host a loud or unruly gathering at his or her place of residence, or on other private property or rented public property, if such person either knows or reasonably should have known that a minor has consumed an alcoholic beverage. Importantly, if the person responsible for loud or unruly gathering is a juvenile, the juvenile’s parents and/or legal guardian are jointly and severally responsible.

By making such activity a violation of the Fortuna Municipal Code, the City has additional enforcement options at its disposal. In particular, the proposed ordinance imposes a civil fine as follows: (i) a first violation is a $500 fine, (ii) a second violation is a $750 fine, and (iii) a third and each subsequent violation is a $1,000 fine. The fines would be issued pursuant to the City’s administrative citation process, which provides for notice and an opportunity to appeal the fine.

The proposed ordinance also provides for recovery of expenses for public safety responses for repeat offenders. In particular, the proposed ordinance provides that “when any loud or unruly gathering occurs on private property whether or not alcohol is served to, consumed by or in the possession of underage person(s) and a public safety officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the public safety officer shall give to the person(s) responsible for the event warning that a second or follow up violation of this section on the same date or within six (6) months of the date of the warning shall result in his/her/their liability for the cost of providing public safety services (i.e., fire, ambulance, sheriff, and other emergency providers).”
Environmental Review
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) Business Item 5b

Guidelines Section 15061 based on the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed ordinance would increase the ability of the City to assure code compliance within the City and would not have any potential for creation of a significant environmental impact.

FISCAL IMPACT:

None.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report;

2. Take public comment;

3. Discuss and consider the proposed ordinance; and

4. Motion to conduct a seconding reading and adopt Ordinance No. 2024-766, and read by title only.

ATTACHMENTS:
 Ordinance No. 2024-766, an Ordinance of the City Council of the City of Fortuna Adding Chapter 9.05 to Article 9 of the Fortuna Municipal Code to Adopt Social Host Regulations and Determining the Ordinance to be Exempt from CEQA
ORDINANCE NO. 2024-766

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 9.05 TO ARTICLE 9 OF THE FORTUNA MUNICIPAL CODE TO ADOPT

SOCIAL HOST REGULATIONS 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, pursuant to its broad police powers, the City may provide regulations to reduce underage drinking by imposing penalties on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of minors; and WHEREAS, by way of this Ordinance No. 2024-766, the City Council desires to add Chapter

9.05 to Article 9 of the Fortuna Municipal Code; and
WHEREAS, adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the City Council has considered the staff report, supporting documents, public comment, and all appropriate information that has been submitted with this Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment. The City Council hereby directs staff to prepare, execute, and file with the Humboldt County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 3. Findings.

A. Article XI, Section 7 of the California Constitution authorizes the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations; B. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare; and
C. It is in the public interest to promote the reduction of underage alcohol consumption within the City by, among other things, imposing penalties on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to, or in the possession of minors.

SECTION 4. Municipal Code Amendment. Chapter 9.05 is hereby added to Article 9--Public Peace, Morals and Welfare--of the Fortuna Municipal Code in the form and substance 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 cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 9 of the Fortuna Municipal Code.

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

SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 18th day of December, 2023 by the following vote:

AYES: City Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
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 16th day of January, 2024 by the following vote:

AYES: City Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
Tami Trent, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
Exhibit “A”

9.05 SOCIAL HOST ORDINANCE
Sections:

9.05.010 Purpose.

9.05.020 Definitions.

9.05.030 Prohibition of loud or unruly gatherings.

9.05.040 Protected activities.

9.05.050 Violation - Civil fine.

9.05.060 Payment of fine.

9.05.070 Cost recovery fee for public safety responses.

9.05.080 Appeals.

9.05.090 Remedies Cumulative-Actions-Relationship to other laws.

9.05.010 Purpose.

A. To protect the public health, safety and general welfare; and B. To promote the reduction of underage drinking by imposing penalties on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of minors; thereby enhancing the enforcement of laws prohibiting the consumption of alcohol by minors and reducing the costs of providing police services to parties, gatherings, or events by requiring hosts to ensure minors are not consuming alcoholic beverages.

9.05.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

B. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

C. “Juvenile” means any person less than eighteen years of age.

D. “Loud or unruly gathering” means a party or gathering of two or more persons at a residence or on other private property or rented public property upon which loud or unruly conduct occurs.

Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to:

1. Excessive noise; making, continuing, maintaining or causing to be made or continued, any excessive, unnecessary, unreasonable or unusually loud noise in such a manner as to disturb the quiet and repose of the residents of nearby properties so as to interfere with the comfortable enjoyment of life and property;

2. Excessive traffic;

3. Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets;

4. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages;

5. Service to or consumption of alcohol or alcoholic beverages by any underage persons;

6. Assaults, batteries, fights, domestic violence or other disturbances of the peace;

7. Vandalism;

8. Litter; or

9. Any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare.

E. “Minor” means any person less than twenty-one years of age.

F. “Other private property” refers to hotel or motel room; an assembly hall or meeting room; a common room of a dwelling unit used for a party (e.g., recreation room of an apartment building); a site in a privately owned campground; privately owned vacant lot; privately owned agricultural land; or privately owned rural land whether occupied as a dwelling, part or other social function, and whether owned, leased, rented or used without compensation.

G. “Person responsible for the event” means and includes, but is not limited to:

1. The person who owns, rents, leases or otherwise has control of the premises where the gathering occurs; and/or

2. The person in charge of the premises; and/or

3. The person who organized the event. If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter.

H. “Public safety services” and/or “Response costs” means the costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings, including but not limited to:

1. The portion of the cost of salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the loud or unruly gathering(s), and the administrative costs attributable to such response(s);

2. The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering; and

3. The cost of the use of any equipment or property, and the cost of repairing any equipment or property damaged, in responding to, remaining at or leaving the scene of a loud or unruly gathering.

I. “Residence” includes a dwelling unit such as a home, condominium or apartment; structures on the residence other than the dwelling unit such as a garage, studio, tent, boat dock, swimming pool, barn or boat house; land on the residence whether improved or unimproved such as a yard, patio, open fields, piers or lake shores; water bodies on the residence such as a pond, lake, river or stream; a motor vehicle, camper or trailer located on the residence or a boat, watercraft, or other marine vessel located on the residence whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or gathering, and whether owned, leased, rented, or used with or without compensation.

J. “Underage person” means any person less than twenty-one years of age and shall have the same meaning as “minor,” defined above.

9.05.030 Prohibition of loud or unruly gatherings.

The following shall apply to the permitting, allowing, or hosting of a loud or unruly gathering where alcoholic beverages have been consumed by a minor:

A. It is unlawful for any person to permit, allow, or host a loud or unruly gathering at his or her place of residence, or on other private property or rented public property, if such person either knows or reasonably should have known that a minor has consumed an alcoholic beverage.

B. A person who permits, allows, or hosts a loud or unruly gathering shall be deemed to have actual or constructive knowledge that a minor has consumed alcoholic beverages if the person has not taken all reasonable steps to prevent the consumption of alcoholic beverages by minors.

C. Any person who permits, allows, or hosts a loud or unruly gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed alcoholic beverages if such person is present at the premises of the gathering at the time any minor consumes an alcoholic beverage.

9.05.040 Protected activities.

This ordinance shall not apply to activities protected by Article 1, Section 4, of the California Constitution; the California Alcohol Beverage Control Act; or the First or Fourteenth Amendments to the United States Constitution.

9.05.050 Violation - Civil fine.

It shall be a civil violation for a person to conduct or allow a loud or unruly gathering where alcohol is served to, consumed by or in the possession of an underaged person on premises owned by the person responsible for the event, on premises rented by or to the person responsible for the event, on premises where the person responsible for the event resides or on premises where the person responsible for the event is in control of such premises during the event. Law enforcement personnel, at his or her discretion, may immediately issue a citation for this civil violation upon evidence of the violation. There is no requirement of a first warning in order for law enforcement to issue this civil citation.

A. Civil fine: A first violation of this section shall result in a citation with a $500.00 fine. A second violation shall result in a citation with a $750.00 fine. A third or subsequent violation shall result in a citation with a $1,000.00 fine.

B. Law enforcement shall give notice of a violation of this section by issuing a citation to any and all responsible persons identified by law enforcement within thirty days of the violation. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing in accordance with Chapter 1.09 of this Code.

C. In the event that the responsible person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the civil violation.

9.05.060 Payment of fine.

A. The fine shall be paid to the city within 30 days from the date of the violation.

B. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

9.05.070 Cost recovery fee for public safety responses.

A. In addition to any civil fine imposed for violation of this section, when any loud or unruly gathering occurs on private property whether or not alcohol is served to, consumed by or in the possession of underage person(s) and a public safety officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the public safety officer shall give to the person(s) responsible for the event warning that a second or follow up violation of this section on the same date or within six (6) months of the date of the warning shall result in his/her/their liability for the cost of providing public safety services (i.e., fire, ambulance, sheriff, and other emergency providers). The requirement of a first warning does not limit the ability of public safety personnel to issue a civil citation for the imposition of civil penalties for cost recovery on the same day that the warning is given if the warning does not end the loud or unruly gathering. The cost recovery for public safety responses shall be separate and distinct from a citation and fine for a civil violation described in Section 9.05.050 of this Chapter.

B. The amount of cost recovery under this subsection shall be the response costs.

C. If the responsible person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the imposition of civil penalties for the cost of providing public safety services.

D. If there is more than one responsible person for the event then each responsible person shall be jointly and severally liable for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter.

E. Civil cost recovery fee(s) shall not be imposed for the medical response costs in those situations where those present at the gathering call for emergency services for an actual emergency at the premises.

9.05.080 Appeals.

Any person subject to a civil fine pursuant to Section 9.05.050 shall have the right to request an administrative hearing in accordance with Chapter 1.09 of this Code.

9.05.090 Remedies Cumulative-Actions-Relationship to other laws.

The remedies provided under this chapter are cumulative and shall not restrict the City to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any conduct authorized by the state of federal constitution.

Business Item 5c

STAFF REPORT
City Council Business Item
DATE: January 16, 2024
TO: City Council
FROM: Katey Schmidt, Community Development Department
THROUGH: Merritt Perry, City Manager
SUBJECT: Introduction and First Reading of Ordinance 2024-767, Amending Title 15 of the City of Fortuna Municipal Code by Streamlining the Permit Process for Electric Vehicle Charging Stations
STAFF RECOMMENDATION:

Conduct first reading, by title only, of Ordinance 2024-767, which amends Title 15 - Buildings and Construction of the Fortuna Municipal Code, adding Chapter 15.65.

EXECUTIVE SUMMARY:

In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations.

An electric vehicle charging station is any level of electric vehicle supply equipment station that deliver electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 may refer to the recommendations in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research.

BACKGROUND:

Assembly Bill 1236, which amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.

This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply Business Item 5c

with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Section 65850.7 requires that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research.

Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.

Staff recommends that City Council introduce for First Reading the attached ordinance, given Government Code Section 65850.7’s requirement that local agencies adopt such an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations. Most of the procedures, such as electronic submittal of plans are currently in place and comply with the requirements of the Assembly Bill and staff is assuring that successful implementation of an expedited, streamlined process will be available to permit applicants.

FISCAL IMPACT:

There is no immediate financial impact or budget action necessary as a result of the recommended action. Following adoption of Ordinance 2024-767, the City will regain eligibility for State grant funds to install electric vehicle charging stations in public facilities.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report;

2. Open Public Comment;

3. Close Public Comment; and

4. Motion to hold the first reading of Ordinance 2024-767, read by title only and continue the public hearing to February 5, 2024 to conduct the second reading.

ATTACHMENTS:
 Ordinance 2024-767, An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.65 to Title 15 of the Fortuna Municipal Code to Provide Procedures for Expediting Permitting Processing for Electric Vehicle Charging Systems and Determining the Ordinance to be Exempt from CEQA.
 Residential And Non-Residential Checklist For Permitting Electric Vehicle Charging Stations
ORDINANCE NO. 2024-767

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 15.65 TO ARTICLE 15 OF THE FORTUNA MUNICIPAL CODE TO

PROVIDE PROCEDURES FOR EXPEDITING PERMITTING PROCESSING FOR

ELECTRIC VEHICLE CHARGING SYSTEMS AND DETERMINING THE ORDINANCE

TO BE EXEMPT FROM CEQA
WHEREAS, the State of California and the City of Fortuna have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the State of California recently adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and
WHEREAS, adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the City Council has considered the staff report, supporting documents, public comment, and all appropriate information that has been submitted with this Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment. The City Council hereby directs staff to prepare, execute, and file with the Humboldt County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 3. Municipal Code Amendment. Chapter 15.65 is hereby added to Article 15 - Buildings and Construction--of the Fortuna Municipal Code in the form and substance 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 cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 15 of the Fortuna Municipal Code.

SECTION 4. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

SECTION 5. 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.

SECTION 6. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 16th day of January, 2024 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 5th day of February, 2024 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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

15.65 ELECTRIC VEHICLE CHARGING SYSTEMS
Sections:

15.65.010 Purpose

15.65.020 Definitions

15.65.030 Title, Words and Phrases

15.65.040 Expedited Electric Vehicle Charging Station Permitting

15.65.050 Expedited Review Process

15.65.060 Permit Application Processing

15.65.070 Association Approval

15.65.080 Permit Application Processing

15.65.090 Technical Review

15.65.100 Electric Vehicle Charging Station Installation Requirements

15.65.010 Purpose.

The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Section 65850.7.

15.65.020 Definitions.

A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. “Electronic submittal” means the utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Facsimile.

15.65.030 Title, Words and Phrases.

This Chapter shall be known as the City of Fortuna’s Electric Vehicle Charging Station Permit Expediting Ordinance. The terms, phrases, and words used in this Chapter shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.

15.65.040 Expedited Electric Vehicle Charging Station Permitting.

Electric Vehicle Charging Stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this Chapter.

15.65.050 Expedited Review Process.

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

15.65.060 Permit Application Processing.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

15.65.070 Association Approval.

Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

15.65.080 Permit Application Processing.

A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City’s adopted checklist, and are consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

15.65.090 Technical Review.

It is the intent of this Chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting charging stations so long as the action does not supersede the Building Official’s authority to address higher-priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit.

15.65.100 Electric Vehicle Charging Station Installation Requirements.

A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

Business Item 5d

STAFF REPORT
City Council Business Item
DATE: January 16, 2024
TO: City Council
FROM: Katey Schmidt, Community Development Department
THROUGH: Merritt Perry, City Manager
Subject: Introduction and First Reading of Ordinance 2024-768, Amending Title 15 of the City of Fortuna Municipal Code by Streamlining the Permit Process for Small Residential Rooftop Solar Energy Systems
STAFF RECOMMENDATION:

Conduct first reading, by title only, of Ordinance 2024-768 which amends Title 15 - Buildings and Construction of the Fortuna Municipal Code, adding Chapter 15.67.

EXECUTIVE SUMMARY:

Under State of California Government Code Section 65850.5(g), local municipalities are required to adopt an ordinance creating an expedited and streamlined permitting process for small residential rooftop solar energy systems that substantially conforms to the California Solar Permitting Guidebook of the Governor's Office of Planning and Research. The SPG was developed through a collaborative effort managed by the Governor's Office of Planning and Research that included solar industry trade groups, state agencies, and other stakeholders.

In accordance with this mandate, the proposed ordinance establishes a streamlined process through amendments to the City of Fortuna Municipal Code provisions relating to the administration of Building Code Regulations. Required streamlining features include use of standardized forms available online; the ability to accept electronic submittals and the consolidating of required inspections into a single comprehensive inspection.

BACKGROUND:

In 2014 the state Legislature passed Assembly Bill 2188 (AB2188) mandating that cities and counties adopt an expedited, streamlined review and permitting process for small residential rooftop solar systems.

In July 2023, the City launched the OpenGov online permitting portal in conjunction with the SolarApp+ pre-approval portal. The SolarApp+ portal conducts an automated permitting review for safety and code compliance following a pre-approval checklist. Projects with SolarApp+ preapproval will be automatically issued a permit through the OpenGov permit portal, eliminating internal review times. While the City’s current process utilizing these portals and pre-approval checklist conforms with the requirements of AB 2188, this ordinance codifies the city's processes and provides conformance with the State’s streamlining requirements including electronic submittal, pre-approval checklist, and expedited permit issuance.

Business Item 5d

FISCAL IMPACT:

There is no immediate financial impact or budget action necessary as a result of the recommended action.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report;

2. Open Public Comment;

3. Close Public Comment; and

4. Motion to hold the first reading of Ordinance 2024-768, read by title only and continue public hearing to February 5, 2024 to conduct the second reading.

ATTACHMENTS:
 Ordinance 2024-768, An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.67 to Title 15 of the Fortuna Municipal Code to Provide Procedures for Expediting Permitting Processing for Small Residential Rooftop Solar Systems and Determining the Ordinance to be Exempt from CEQA
 Solar Permit Pre-Approval Checklist
ORDINANCE NO. 2024-768

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 15.67 TO ARTICLE 15 OF THE FORTUNA MUNICIPAL CODE TO

PROVIDE FOR EXPEDITING PERMITTING PROCESSING FOR SMALL

RESIDENTIAL ROOFTOP SOLAR SYSTEMS AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Fortuna seeks to implement AB 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and
WHEREAS, the City Council of the City of Fortuna wishes to advance the use of solar energy by all of its citizens, businesses and industries; and
WHEREAS, the City Council of the City of Fortuna seeks to meet the climate action goals set by the City Council of the City of Fortuna and the State; and WHEREAS, solar energy creates local jobs and economic opportunity; and WHEREAS, the City Council of the City of Fortuna recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and WHEREAS, it is in the interest of the health, welfare and safety of the people of Fortuna to provide an expedited permitting process to assure the effective deployment of solar technology; and WHEREAS, adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the City Council has considered the staff report, supporting documents, public comment, and all appropriate information that has been submitted with this Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Adoption of this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the “General Rule”, which states that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment. The City Council hereby directs staff to prepare, execute, and file with the Humboldt County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 3. Municipal Code Amendment. Chapter 15.67 is hereby added to Article 15— Buildings and Construction—of the Fortuna Municipal Code in the form and substance 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 cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 15 of the Fortuna Municipal Code.

SECTION 4. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

SECTION 5. 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.

SECTION 6. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 16th day of January, 2024 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 5th day of February, 2024 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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

15.67 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:

15.67.010 Purpose

15.67.020 Definitions

15.67.030 Applicability

15.67.040 Solar Energy System Requirements

15.67.050 Duties of Building Division and Building Official

15.67.060 Permit Application Processing

15.67.010 Purpose.

The purpose of this Chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Fortuna, and expanding the ability of property owners to install solar energy systems. This Chapter allows the City of Fortuna to achieve these goals while protecting the public health and safety

15.67.020 Definitions.

A. A “Solar Energy System” means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

B. A “small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Fortuna and all state and City of Fortuna health and safety standards.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Fortuna Municipal Code.

C. “Electronic submittal” means the utilization of the City of Fortuna Permit Portal.

D. An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

E. A “common interest development” means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.

F. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

G. “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

H. “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.

2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.

15.67.030 Applicability.

A. This Chapter applies to the permitting of all small residential rooftop solar energy systems in the City of Fortuna.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the Ordinance adopting these regulations are not subject to the requirements of this Chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

15.67.040 Solar Energy System Requirements.

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City of Fortuna and the Fortuna Fire Protection District.

B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

15.67.050 Duties of Building Division and Building Official.

A. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City of Fortuna website.

B. Electronic submittal of the required permit application and documents through the City of Fortuna Permit Portal shall be made available to all small residential rooftop solar energy system permit applicants.

C. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

D. The City of Fortuna Building Division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. All code requirements in these documents shall conform to the requirements found in the most recently adopted Solar Permitting Guidebook model Tool Kit documents.

E. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

F. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.

15.67.060 Permit Application Processing.

A. The City of Fortuna Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption on this Chapter. The Building Division shall issue a building permit or other nondiscretionary within 1-3 business days of receipt of a complete application and meets the requirements of the approved checklist and standard plan. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City of Fortuna Planning Commission.

B. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.

C. Where adopted California Building Standards Code conflict with prescribed code requirements found in the most recently adopted California Solar Permitting Guidebook, the code requirements found in the California Solar Permitting Guidebook shall control.

D. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potentially feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City of Fortuna Planning Commission.

E. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

F. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City of Fortuna on another similarly situated application in a prior successful application for a permit. The City of Fortuna shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

G. The City of Fortuna shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

H. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

I. Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed by the Fortuna Fire Protection District.

J. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a two (2) hour inspection window.

K. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Chapter.

SolarAPP PV Eligibility 4/26/2021
System
New Rooftop Residential PV Systems Only
Installed by contractor with all licenses required by jurisdiction No building integrated solar systems
Electrical
Limited to 2017 NEC
600V Max per DC System Size
Single phase only
No Aluminum Wires
Must Use 600V rated PV wire (due to outer diameter > 0.24" (6.1mm)) Must use 90 deg C rated insulated wire
Height of rooftop conduit > = 7/8"
Max 2 DC strings in parallel
Max 9 current carrying conductors in a raceway
Inverter output circuit conductors must be THWN-2, or listed NM Terminals must be rated to 75 deg C, labeled for use with Cu wires, and accept minimum 8 AWG wire If using microinverter, 1 module per microinverter
Permitted to install on up to or equal to 400A Service
Permitted to install on up to or equal to 225A Service Disconnect Permitted to install on up to or equal to 225A busbars
No existing PV on site
May install only 1 module type
May install only 1 racking system type
May install up to 2 Inverters for String Inverters, up to 1 inverter type for Micro-inverters and AC modules Systems Conduit may not be Schedule 80 PVC
Single Family Dwelling Only
Modules and Inverters must be listed on CEC
Rapid Shutdown cannot be satisfied using the method: No exposed wiring or conductive parts [690.12(B)(2)(3)] Flat Plate PV Modules Only
No trenching allowed
All power production inverter outputs have the same point of connection Structural
2018 IBC
PV system + hardware weight is less than or equal to 4psf Limited to 10” above the roof for pitched (>2/12) roof
No metal roof or low-slope roof in areas with > 15psf snow load No wood shake or wood shingle roofing
No carports or non-permanent structures
No ground mounted systems
Only one type of mounting hardware system per project
Fire
2018 IRC
City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: January 16, 2023
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, February 5, 2024
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall
Tuesday, February 20, 2024
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, January 23, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, February 13, 2024
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Wednesday, January 17, 2024
6:00 p.m.

Regular Measure E Meeting
Council Chambers at City Hall
Tuesday, March 19, 2024
6:00 p.m.

Regular Measure E Meeting
Council Chambers at City Hall

4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, February 7, 2024
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates Tuesday, January 23, 2023
8:30 a.m.

Regular FBID Meeting
Council Chambers at City Hall

6. Verbal Report