Fortuna City Council
October 7, 2024

STAFF REPORT
City Council Consent Item
DATE: October 7, 2024
TO: Honorable Mayor and City Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Amy Nilsen, Interim City Manager
CC: Ryan Plotz, City Attorney
SUBJECT: Authorization of Destruction of Selected Finance Department Files, Resolution 2024-32
STAFF RECOMMENDATION:

Authorize destruction of specific files by approving Resolution 2024-32.

SUMMARY:

A review of City files has resulted in the attached lists of files selected for destruction. Files selected for destruction meet the criteria according to California Government Code Section 34090.

State law provides that these records may be destroyed with the approval of the City Council by Resolution and the written consent of the City Attorney. A copy of this staff report was sent to the City Attorney for review and approval.

File destruction information was provided by the following department, and a list of City records scheduled for destruction is attached:
 Finance Department
RECOMMENDED COUNCIL ACTION:

Adopt Resolution 2024-32. Consent Agenda vote.

ATTACHMENTS:
 Resolution 2024-32: A Resolution of the City Council Authorizing the Destruction of Records
 List of files to be destroyed from Finance Department RESOLUTION 2024-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

AUTHORIZING THE DESTRUCTION OF RECORDS
WHEREAS, the City of Fortuna staff has determined that certain records are no longer needed for the operation of business, nor required by statute; and WHEREAS, California Government Code 34090 authorizes the destruction of City records upon approval of the City Council by resolution and written approval by the City Attorney.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Fortuna hereby declares the attached City records to be no longer needed and may therefore be destroyed; and BE IT FURTHER RESOLVED that the City Attorney of the City of Fortuna hereby approves the destruction of the attached City records.

PASSED AND ADOPTED, on the 7
th day of October 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
______
Ryan Plotz, City Attorney Tami Trent, Mayor
ATTEST:

Siana L. Emmons, City Clerk

Consent Item 4g

STAFF REPORT
City Council Consent Item
DATE: October 7, 2024
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director
THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Approve Proposed Change to Public Works Department Organizational Chart
STAFF RECOMMENDATION:

Staff recommends that the City Council approve the proposed Public Works Department organizational chart by deallocating a Streets Maintenance Worker II position and allocating a Streets Maintenance III position.

EXECUTIVE SUMMARY:

Currently the General Services Division of Public Works has one full time equivalent (FTE) position for a Streets III, and 4 FTE’s for Streets II positions. This has been the case for the last several years, as the Division has had a less-experienced crew with regular turnover. However, currently the Division has several staff members that are working out very well and management staff would like to change one Streets II FTE to a Streets III, which could allow for continued growth opportunities for staff members within the division.

FISCAL IMPACT:

The annual change in cost between a Streets Maintenance Worker II and a Streets Maintenance Worker III at the top step would be approximately $5,000. This position and its related cost is allocated 75% to General Fund dependent departments (General Services and Streets) and 25% to Enterprise dependent departments (Water and Wastewater).

This action will not require an SBR due to pay and benefit savings the related departments have recognized already through the year, including the budgeting for a Lead Mechanic over hire (4- months) which will not be used at this point. Future costs of the position change will be built into the annual budget during the annual budget process.

RECOMMENDED COUNCIL ACTION:

Approve proposed change to Public Works Department Organizational Chart. Consent Agenda vote.

ATTACHMENTS:
 Proposed Organizational Chart
Consent Item 4g

Figure 1. Proposed organizational chart.

Business Item 5a

STAFF REPORT
City Council Business Item
DATE: October 7, 2024
TO: Honorable Mayor and Council Members
FROM: Mat Nyberg, Deputy City Engineer
THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Authorize the Interim City Manager to award a Construction Contract for the Main Street Gateway Project (CIP 9128) and Approve a SBR STAFF RECOMMENDATION:

Authorize the Interim City Manager to award a Construction Contract to GRS Inc. for the Main Street Gateway Project and Approve a Supplemental Budget Request for $387,838.

EXECUTIVE SUMMARY:

A Northern entrance gateway project has been a topic of conversation among staff and the Fortuna community for decades. In 2016, the idea gained some traction but fell short due to lack of funding.

Later in 2023, staff applied for a Caltrans Clean California Project, a program that aims to beautify and improve local streets, roads, tribal lands, parks, pathways, and transit centers through grant funding. Unfortunately, the application did not lead to sufficient funds and the gateway concept was halted once again. However, in late 2023 Caltrans staff reached out to the City regarding a second round of 2023 funds, reviving the project.

Since February of this year, City staff have been working with Caltrans in a cooperative agreement to develop and ultimately construct the Main Street Gateway concept. The Project will rehabilitate the two concrete medians on Main Street and Highway 101, located to the South of the C. Crane facility and to the North of Sunbelt Rentals. The improvements will be visible as one enters the City from the Highway 101 South Main Street off-ramp and departs the City via North Main Street to the Highway 101 on-ramp. The design includes a mixture of native and low-maintenance, drought-tolerant landscaping, decorative concrete, and a welcome sign to be placed on the larger median, with the smaller median to be improved only with decorative concrete. The proposed landscaping palette is similar in nature to the existing landscaping at the private business (C. Crane) to the North. The stamped concrete and welcome sign will be a river rock pattern or a similar that complements the masonry rock wall to the Northwest. A four-foot-wide perimeter of decorative concrete will allow easy and off-street access for median maintenance. The welcome sign will be made of pre-cast concrete or concrete block with river rock façade, and placed to be visible to vehicles entering and leaving the City. The draft sign design included in the project bid package is included as Attachment C, and staff will be seeking final concurrence from the council on the sign design during the staff report presentation.

Business Item 5a

The Main Street Gateway Project design and bid package were finalized and publicly advertised on September 12. The bid period ended on September 30th, 2024, at which time the City received four responsive bids. The bid totals are shown in the table below:

Name of Contractor Base Bid Amount
GR Sundberg Inc. $330,960.00
Mercer Fraser $344,344.00
RAO Construction $360,730.00
Mobley Construction $431,740.00
The apparent low bid was submitted by GR Sundberg Inc. with a total bid price of $330,960 which is within the Clean California funding allocation of $387,838.

City staff have confirmed that the bid received from GR Sundberg Inc. was fully responsive and that they have active licenses and registrations. Staff recommend awarding the contract to GR Sundberg Inc.

If the project is awarded, staff anticipate being under contract in mid-October. Mobilization and construction is anticipated to take approximately four-weeks, and is scheduled to be completed by December 13, 2024. The draft Notice of Potential Award is included as Attachment A.

FINANCIAL IMPACT:

This project is fully funded by the Caltrans Clean California Program, which is grant funding that will be reimbursed through a cooperative agreement the City has with Caltrans. Staff are requesting the approval of a Supplemental Budget Request to fund 350, which would bring the Clean California funding into this fiscal year’s budget as both revenue and expenditure. The available funding would cover the contract bid amount and also provide a 17% contingency during construction. See the table below for a breakdown of budgetary impacts on project funding.

Contract
Amount Contingency
Not To Exceed
Contract Amount
Clean California
Funding
City Fund
Budgetary
Impact
$330,960 $56,878 $387,838 $387,878 $0
Staff recommends approval of a Supplemental Budget Request (Attachment B) allocating $387,878 in expenditures from Fund 350 for construction and accepting $387,878 in revenues from the Caltrans Clean California Program for reimbursement.

Business Item 5a

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to Authorize the Interim City Manager to award a Construction Contract for the Main Street Gateway Project and Approve a Supplementary Budget Request for $387,838. Voice vote.

Attachments:
 Notice of Potential Award
 Supplemental Budget Request
 Final Draft Welcome Sign Design
City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707) 725-7600
October 8, 2024 Sent via E-mail: [email protected]
GR Sundberg Inc.
5211 Boyd Rd.

Arcata, CA 95521
Re: NOTICE OF POTENTIAL AWARD
Main Street Gateway Project
Dear Tanner Wiltse:

I am pleased to inform you of the intent to recommend that the City Council or its authorized designee award the Contract for the above-referenced Project (“Project”) to GR Sundberg Inc., (“Contractor”) for the Contract Price of $330,960 based on Contractor’s Bid Proposal submitted on September 30, 2024.

A copy of the Contract accompanies this Notice. The Contractor must execute 2 copies of the enclosed Contract and return the wet-inked copies to my attention, accompanied by the required Payment Bond, Performance Bond, and insurance certificates and endorsements, no later than ten days from the date of this Notice of Potential Award, above.

Failure to execute and return the enclosed Contract and required bonds and insurance documentation within the specified time could result in forfeiture of the Contractor’s bid security.

This Notice of Potential Award does not bind the City to award the Contract. The City, acting through its City Council or authorized designee, reserves the right to reject any or all bids, and the right to decline to award the Contract, notwithstanding any staff recommendation.

Please acknowledge receipt of this Notice of Potential Award by signing the attached Acknowledgement of Notice of Potential Award, as indicated, and transmitting the Acknowledgement to my office via email at [email protected]. Do not hesitate to contact me if you have any questions in this regard.

Sincerely,
Ashley A. Chambers
Deputy City Clerk
Enclosure
Acknowledgement of Notice of Potential Award
On behalf of <________________________________________> (“Contractor”), I acknowledge receipt of the Notice of Potential Award for the Main Street Gateway Project:
s/_________________________________
Name: _____________________________
Title: ______________________________
Date: _________________________________

CITY OF FORTUNA

SUPPLEMENTAL BUDGET REQUEST
Requesting Department:

Fund Name/s Amended:

Fund #/s Amended:

Engineering/Public Works
Capital Projects Fund
350
Packet #
JV #
Prepared By MN
Checked By BB
Post Date
Intra‐Department Budget Transfer
Other Budget Transfer

REVENUES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
Clean California Grant 350-xxxx-9128 0.00 387,838.00 387,838.00 TOTAL 0.00 387,838.00 387,838.00

EXPENDITURES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
Clean California Grant 350-xxxx-9128 0.00 387,838.00 387,838.00 TOTAL 0.00 387,838.00 387,838.00

PURPOSE
Department Head: Date:

Finance Director: Date:

City Manager: Date:

Clean CA grant funds for the Main Street Gateway Project. Approved at the October 7th City Council Meeting.
✔ New Budget Appropriation
Additional Budget Appropriation

Business Item 5b

STAFF REPORT
City Council Business Item
DATE: October 7, 2024
TO: Honorable Mayor and Council Members
FROM: Bob Natt, General Services Superintendent
THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Consider Approval of Supplemental Budget Request for Rollover of Fiscal Year (FY) 23-24 Capital Outlay Funds to FY 24-25
STAFF RECOMMENDATION:

Approve a Supplemental Budget Request to rollover Capital Outlay funds from FY 23-24 to be used in FY 24-25 for purchase of two service vehicles for Utility and Waste Water Treatment Plant Departments.

EXECUTIVE SUMMARY:

Staff is requesting that the unused funding from the Fiscal Year (FY) 23-24 budget for Utility and Wastewater Departments vehicle replacements be rolled over to the current budget year (FY 24- 25). The amount of unused funds from last fiscal year is $160,000. The two vehicles were ordered in September of 2023. The City has still not been assigned vehicle allocations under this order, due to delays in microchips and material shortage, and all manufactures are experiencing extended lead times.

In the current budget, the rollover amount was not applied to these vehicles but were applied to the Community Development Department vehicles. This was an oversight in the budget review process, as these funds were intended to be brought forward to this fiscal year.

In addition to the funds rollover noted above, staff are requesting that the Council approve an additional $20,000 to the rollover which would increase the budget to $180,000. The additional request would cover the cost increases to vehicles and outfitting over the last two years, and provide a bit more flexibility in procuring an available vehicle under the State contract (as sometimes the base models are not available, as has been the case with the current vehicle order).

FISCAL IMPACT:

Approval of the recommended Supplemental Budget Request will increase $45,000 to the FY 24- 25 Capital Outlay in four sources. 500-8000-6000 (water), 550-8000-6600 (waste water), 500- 8000-6100 (water utility), and 550-8000-6500 (waste utility) for total of $180,000.

Business Item 5b

RECOMMENDED COUNCIL ACTION:

Motion to Approve Supplemental Budget Request to rollover unused Capital Outlay Funds from FY 23-24 to be used in FY 24-25 for vehicle purchases. Voice vote.

ATTACHMENTS:
 Supplemental Budget Request

CITY OF FORTUNA

SUPPLEMENTAL BUDGET REQUEST
Requesting Department:

Fund Name/s Amended:

Fund #/s Amended:

Public Works
Capital Outlay
500/550
Packet #
JV #
Prepared By
Checked By
Post Date
BNATT
BByrd
Intra‐Department Budget Transfer
Other Budget Transfer

REVENUES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
TOTAL 0.00 0.00 0.00

EXPENDITURES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
Capital Outlay 500-8000-6000 80,000.00 45,000.00 125,000.00 Capital Outlay 500-8000-6100 0.00 45,000.00 45,000.00
Capital Outlay 550-8000-6500 0.00 45,000.00 45,000.00
Capital Outay 550-8000-6600 335,000.00 45,000.00 380,000.00 TOTAL 415,000.00 180,000.00 595,000.00

PURPOSE
Department Head: Date:

Finance Director: Date:

City Manager: Date:

To rollover unspent fund Capital Outlay funds from FY '23-'24 to FY '24-'25 for the purchase of two vehicles for Utility and WWTP Departments.

New Budget Appropriation
Additional Budget Appropriation ✔
Business Item 5c

STAFF REPORT
City Council Business Item
DATE: October 7, 2024
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Authorize the Interim City Manager to Negotiate a Contract for the 2024 Stormdrain Lining Project, Resolution 2024-33
STAFF RECOMMENDATION:

Adopt Resolution 2024-33, authorizing the Interim City Manager to negotiate a construction contract with Miksis Services, Inc. for the 2024 Stormdrain Lining Project without competitive bidding.

EXECUTIVE SUMMARY:

As the Council is aware, the City has had ongoing issues with corrugated metal stormdrain pipe failure. Normally, the City has had several new pipes each year come to the forefront for replacement, which are usually identified by localized sinkholes. Earlier this year staff developed and advertised a project for bid to rehabilitate/line failed stormdrain assets at three priority locations, including:
 112-feet of 36-inch culvert crossing 3rd Street near the Auction Yard  230-feet of 18-inch culvert located along Rohnerville Road fronting the new Police Facility  42-feet of 18-inch culvert crossing Elizabeth Barcus Way Each of the locations above are good candidates for lining, where the contractor can ‘trenchlessly’ rehabilitate the pipe without having to excavate or disturb the ground. Unfortunately, the City did not receive any bids for this project.

After the bid period closed staff reached out to the list of northern California contractors that perform this type of work. Most contractors cited inability to meet the City’s desired schedule (before this winter) as their reason for not submitting a bid however one contractor, Miksis Services, noted they were interested and would have provided a bid however they were unable to at the time of bid solicitation. Recognizing the need to get these repairs performed before this coming winter in order to avoid further potential road damage from sinkhole development, staff asked for an informal bid from the contractor to complete the work associated with the City’s bid package. The contractor provided a bid for services, included in Attachment B, and indicated that they could complete the repairs before the winter months arrive.

Given the City’s need to get the work performed, and the inability to procure a contractor using formal competitive bidding, staff are proposing to sole-source award the contract to Miksis Services. This type of contract award is allowable as set forth in Fortuna Municipal Code Section Business Item 5c

2.50.070 (D), when it is found by Council Resolution that direct negotiations best serve the City.

A copy of the resolution drafted by staff, and reviewed by the City Attorney, has been included as Attachment A. In addition to the need to get the work done as soon as possible, staff have reviewed Miksis’ bid and finds their proposed price competitive with market bidding rates. Lastly, Miksis is a licensed and qualified local contractor in this type of construction, and they have successfully performed the only other culvert lining jobs that have been completed in Fortuna in recent years.

Should the Council approve of a contract award via direct negotiations, staff would finalize a contract with Miksis Services, and staff anticipate work commencing within a month after the Council meeting. All project work should be completed with one-week.

FINANCIAL IMPACT:

As shown in Attachment B, Miksis Services quote for the repairs as noted is $158,170. Staff are seeking authorization for the ability to negotiate and execute a contract for this amount, and to establish a contract not too exceed value of up to $175,000, which would allow for an approximate 10% construction contingency. Staff would cover the cost for these repairs out of the Measure Efunded Stormdrain Maintenance Fund, which currently has a balance of approximately $195,000.

It should be noted that the remaining balance of the Measure E Stormdrain Fund is currently obligated to the creek bank repair along Rohner Creek behind the Cook Shack, so this lining project would expend the entirety of the available Measure E funding for this fiscal year. Should another failure occur that requires immediate attention, funding for that effort would need to come from the City’s drainage fund or General Fund CIP reserve, which collectively currently has a fund balance of approximately $550,000.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to adopt Resolution 2024-33, read by title only, and authorize the Interim City Manager to negotiate a construction contract for the 2024 Stormdrain Lining Project.

Roll Call vote.

ATTACHMENTS:
 Resolution 2024-33, A Resolution of the City Council of the City of Fortuna Authorizing the City Manager to Negotiate and Execute a Construction Contract for the 2024 Stormdrain Lining Project
 Miksis Services Scope of Work and Fee
RESOLUTION 2024-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONSTRUCTION CONTRACT FOR THE 2024 STORMDRAIN LINING PROJECT WHEREAS, the City has routinely experienced stormdrain failures, particularly with corrugated metal pipe stormdrain assets;
WHEREAS, it is critical to repair the stormdrains as soon as possible to avoid further damage to the public right of way or private property;
WHEREAS, the City developed and advertised a bid package to repair three culverts located in priority areas throughout Fortuna;
WHEREAS, the City received no bids to perform the project outlined in the bid documents; WHEREAS, staff identified a contractor that can complete the necessary improvements associated with the bid at a competitive price and before the upcoming winter rains; WHEREAS, formally bidding the project again would likely result in the inability to complete the required improvements before the winter rains;
WHEREAS, pursuant to section 2.50.70(D) of the Fortuna Municipal Code, the Council may elect to dispense with formal competitive bidding for the procurement of contractor services and may instead authorize the City Manager to negotiate directly with the manufacturers if the Council finds it to be in the public interest;
WHEREAS, pursuant to Public Contract Code section 20161(c), work involving the repair and/or maintenance of streets and sewers is exempt from the formal bidding requirements of the Public Contract Code, and the Council finds that the subject project is therefore exempt.

NOW, THEREFORE, BE IT RESOLVED that the Fortuna City Council of the City of Fortuna hereby:

1. Finds and declares that it is in the public interest to dispense with the formal competitive bidding requirements set forth in Section 2.50.040 of Chapter 2.50 of the Fortuna Municipal Code for the completion of the 2024 Stormdrain Lining Project; and

2. The City has identified a contractor available to perform the work before the winter season; and

3. The City Manager is authorized to negotiate a construction contract with Miksis Services, Inc, for a not to exceed amount of $175,000, allowing for an approximately 10% construction contingency; and

4. The City Manager is further authorized to execute and submit all documents including, but not limited to applications, purchase agreements, which may be necessary for the completion of the aforementioned purchase.

PASSED AND ADOPTED on this 7
th day of October 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Tami Trent, Mayor
ATTEST:
______________________________
Siana Emmons, City Clerk
3561 Quote
Dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
Email: [email protected] Website: www.unplugu.com
Contractor’s License 544530, A, C-36, HAZ, D6, D12
GM | fc Page 1 | 2
September 26, 2024
Brendan Byrd
City of Fortuna
PO Box 545
Fortuna, CA 95540
(707) 725-1469
[email protected]
Jobsite: Various Locations, Fortuna
Scope of work: Culvert Repairs
Miksis Services, Inc. (MSI) proposes to bypass the pump where needed. The location with invert missing will be grout filled. The various segments will be lined using Dynaliner Thermoform Seamless PVC Pipe Liner.
1) 3rd Street Location: 36” x 112’ CMP
 Cofferdam with internal bypass installed.
 Two days confined space entry to reestablish the invert.  Stabilize the outfall exterior with bonding in order to terminate the liner.  Line using Dynaliner Thermoform Seamless PVC Pipe Liner.

Equipment, Materials, & Labor $61,780.00
2) Newburg Rd Location: 18” x 230’
 Cofferdam with external bypass installed.
 Three days of confined space entry to reestablish the invert.  Line using Dynaliner Thermoform Seamless PVC Pipe Liner.

Equipment, Materials, & Labor $68,660.00
3) Elizabeth Barcus Way Location: 24” x 42” CMP
 Remove roots and clean culvert.
 One day of confined space entry to grout fill and reestablish the invert.  Line using Dynaliner Thermoform Seamless PVC Pipe Liner.

Equipment, Materials, & Labor $18,130.00
3561 Quote
Dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
Email: [email protected] Website: www.unplugu.com
Contractor’s License 544530, A, C-36, HAZ, D6, D12
GM | fc Page 2 | 2
Mob/Demob $6,000.00
Per Diem/VRBO $3,600.00
Grand Total $158,170.00
Conditions and Assumptions:
• MSI will be allowed unlimited and uninterrupted access to the job site. • Costs associated with permit(s), bond(s), and license(s) are excluded. • Any changes, modifications, or additions to this scope of work will require a change order. • This job is bid at a prevailing wage.
• Access to private property locations will be arranged by the client. • A water source suitable for supporting pipe cleaning and pipe processing will be available at the job site. • Traffic control consists of cones, any further traffic control necessary for public safety shall be provided by the customer.
• If required, Engineering, storm water pollution prevention plans, construction management plans, etc. will be produced and paid for by others.
• Not included is the following:
o Removal of obstructions that interfere with our work. o Portable toilet.
• Pipe diameter and length must be field verified prior to ordering the pipe. • An equipment and materials staging area, in close proximity to the job site, is to be provided by the client.

Thank you for the opportunity to present our proposal for this project. Please contact us if you have any questions or comments. This quote will remain valid for 30 days.

Gary Miksis
President
Miksis Services, Inc.

Authorized Signature for Bid Acceptance Date
Business Item 5d

STAFF REPORT
City Council Business Item
DATE: October 7, 2024
TO: Honorable Mayor and Council Members
FROM: Shari Meads, Community Development Director
THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Amend General Plan Land Use Diagram and Rezone 0.81 Acres of Assessor’s Parcel Numbers 202-092-006, 202-092-003, and 1.1 Acres of 202-103-010; Second Reading and Adoption of Ordinance 2024-771
STAFF RECOMMENDATION:

The Community Development Department recommends that the City Council conduct the second reading and adopt Ordinance 2024-771, an Ordinance of the Fortuna City Council amending the General Plan Land Use Diagram from Residential Very Low (RVL) and Rural Residential (RR) to Commercial (COM) and Rezoning from Residential Estates (RE) and Residential Single-Family (R-1-10) to Commercial Thoroughfare (C-T) 0.81 Acres of Assessor’s Parcel Numbers 202-092- 006, 202-092-003, and 1.1 acres of Assessor’s Parcel Number 202-103-010 and finding the amendments exempt from the California Environmental Quality Act.

REGULATORY CONTEXT:

In California, general plan amendments are changes to the text or maps of a community’s longrange plan that guides its physical development. California Government Code Section 65358 allows a jurisdiction to amend State-mandated general plan elements up to four times yearly. The proposed amendments are being considered as a package and, as such, together represent the first City of Fortuna General Plan amendment in 2024.

Section 17.07.200 (Zoning amendments) of the City of Fortuna Municipal Code establishes procedures for Title 17 (Zoning Regulations), to be amended, supplemented, changed, modified, or repealed, including, but not limited to, amendment of the zoning text, changing any property from one zone to another, imposing any regulation not theretofore imposed, or modifying any such regulation theretofore imposed. The proposed zoning amendment is consistent with these procedures. The City’s Zoning Regulations do not prohibit split zoning of parcels.

DISCUSSION:

The applicants have requested the proposed General Plan Land Use Diagram amendments and rezonings to expand allowable uses and facilitate new commercial development. All proposed development governed by the C-T zone will be evaluated for compatibility with and conditioned to protect existing and future development in the neighboring residential zones. Residential uses will remain conditionally permitted within the C-T zoned area.

The northern area to be rezoned includes Parcel 202-092-006, a 4.12-acre parcel, and Parcel 202- 092-003, a 0.69-acre parcel. Both parcels are located east of Rohnerville Road, north of Gulliksen Drive, and are currently undeveloped. Surrounding uses include existing single-family residential development to the east and commercial uses to the north, south, and west.

The proposed zoning amendment will rezone a small western portion of each parcel from Residential Estates (RE) to Commercial Thoroughfare (C-T), expanding the existing C-T zone by

0.81 acres as depicted on the site plan included with this report.

The southern portion of the rezoning area includes parcel 202-103-010, located on the eastern side of Rohnerville Road near the Kenwood Drive intersection. Commercial uses border it to the north, and residential uses border it to the south, east, and west. The parcel is developed with an existing single-family residence, single-car garage, and a 5,662-square-foot commercial shop.

The commercial shop was constructed in 1986 and has historically been used for general automotive services, principally permitted in the C-T Zone. The proposed rezoning will bring the northern 1.1-acre portion of the parcel and the existing commercial shop into conformance with the neighboring commercial zoning and allow for electrical system upgrades not permitted under the current residential zoning. There are no plans to expand the existing structure. Neighboring residential uses are protected from additional development by the Streamside Management Area (SMA) of 50 feet buffering Jameson Creek to the east. The southern 0.6-acre portion of the parcel where the existing residence is located will retain the Single-Family Residential zoning.

A General Plan Land Use Diagram amendment is required to allow the proposed zoning changes and to ensure consistency between the two governing documents. The General Plan Land Use Diagram amendment will change the land use designation of parcels 202-092-006 and 202-103- 010 from Residential Very Low (RVL) to Commercial (COM) and parcel 202-092-003 from Rural Residential (RR) to Commercial (COM). This will not increase the potential density significantly as the existing RVL Floor Area Ratio (FAR) is 0.30 and the COM FAR is 0.35. The RR Land Use Designation will remain for the eastern portion of Parcel 202-092-006, maintaining a FAR of 0.10 and a residential density of 1 unit per gross acre.

ANALYSIS
The following table compares the existing and proposed zoning districts.

Existing Zoning

17.03.010 RESIDENTIAL ESTATES
Proposed Zoning

17.03.022 COMMERCIAL

THOROUGHFARE
Purpose
The purpose of the RE district is to provide
for very low-density areas for single-family
residences. Such a low-density district is
particularly intended to permit a reduction in
streets, public utilities, and related public
services that is not possible in higher-density
residential areas. The range of density classes
indicated for RE districts is intended to permit
the implementation of the density
recommendations of the Fortuna general plan
and to permit harmonious development of
estate districts of different density
characteristics.

The purpose of the C-T district is to provide
for retail, wholesale, highway, and heavy
commercial uses, along with amusement,
transient residential, warehousing and
distribution, maintenance, repair, and
servicing activities. C-T districts are to be
established in zones of two acres or larger and
shall be located only in the immediate vicinity
of arterial streets, freeways, or the
service/frontage drives thereof.

Principal Permitted Uses
B. One single-family dwelling or mobile
home per lot.

C. Permitted Accessory Uses.

3. One-second residential dwelling per lot.

4. Childcare facilities with eight or fewer
children.

5. Community care facilities for six or fewer.

6. Home occupations.

7. Servants’ quarters.

8. Guesthouses.

9. Private garages and parking areas;

10. Garage and yard sales.

11. Public parks, playgrounds, and other
public recreational uses;

12. Keeping of not more than eight household
pets on each lot.

13. Other accessory uses and buildings
customarily appurtenant to a permitted use.

1. Automotive services, general.

2. Childcare facilities with eight or fewer
children.

3. Commercial recreation facilities, such as
swimming pools, bowling alleys, skating
rinks, and dance halls.

4. Community care facilities for six or fewer.

5. Convenience markets, not to exceed 3,000
square feet in gross floor area.

6. Food stores with at least 3,000 square feet
of gross floor area.

7. Motels.

8. Offices.

9. Plant nurseries, greenhouses, and fruit
stands.

10. Restaurants, including bars, dancing, and
entertainment.

11. Restaurants, drive-in.

12. Retail shops for sale of auto parts and
accessories, souvenirs, curios, and other
similar products, primarily to serve the
touring public.

13. Bed-and-breakfast inns, subject to the
provisions of FMC 17.06.010.

14. Emergency homeless shelters in the areas
shown on the homeless shelters zoning maps.

Conditional Uses

1. Essential services, public and quasi-public
storage buildings and uses, not including
service centers, storage or repair yards,
warehouses, and similar uses;

2. Model homes and temporary sales offices.

3. Country clubs, tennis clubs, and golf
courses.

4. Community care facilities with seven or
more.

5. Child care facilities with nine or more
children.

1. Auto body, fender, and radiator shops;

2. Ambulance service, mortuary,
crematorium, or columbarium;

3. Child care facilities with nine or more
children, subject to the provisions of FMC

17.06.020;

4. Community care facilities with seven or
more (FMC 17.08.152);

5. Commercial stables;

6. Contractors’ shops and yards;

7. Live theater;

8. Equipment rental and storage;

9. Light service industries, as defined by
resolution of the city council;

10. Major retail development, subject to the
provisions of FMC 17.06.120;

11. Mobile home parks, subject to the
provisions of FMC 17.06.123;

12. Public and quasi-public buildings and
uses, including corporation yards,
warehouses, and similar uses;

13. Recreational vehicle parks, subject to
FMC 17.06.170;

14. Residential uses that conform with the
density, open space and setback requirements
of the RM zone, subject to design review
under Chapter 17.07 FMC, with the exception
of single-family dwellings;

15. Shopping centers, which are subject to all
four of the following:
a. Minimum size of two acres, including
adjacent and associated lots developed,
managed, or owned by the same party, which
may or may not be enjoying joint reciprocal
parking and/or access; and
b. Placement of the -D design control
combining zone on the entire project site; and
c. Approval of the final site plan by the city
council after review by the planning
commission; and
d. All principal permitted uses allowed in the
R-C zone;

16. Veterinary facilities, subject to the
provisions of FMC 17.06.210;

17. Secondhand stores;

18. Warehousing and wholesaling, when
completely enclosed inside a building;

19. Mobile food vending.

Existing Zoning

17.03.010 RESIDENTIAL SINGLE
FAMILY
Proposed Zoning

17.03.022 COMMERCIAL

THOROUGHFARE
Purpose
The purpose of the R-1 district is to provide
areas where existing single-family dwellings
may be protected and to encourage the
development of new neighborhoods of singlefamily dwellings. The R-1 district is intended to accommodate groups of single-family
homes, together with the schools, parks, open
spaces, and other public services required for
a satisfactory family environment. The range
of density classes indicated for the R-1 district
is intended to permit the implementation of
the density ranges in Fortuna’s general plan
and to permit harmonious development of
residential districts of different density
characteristics.

The purpose of the C-T district is to provide
for retail, wholesale, highway, and heavy
commercial uses, along with amusement,
transient residential, warehousing and
distribution, maintenance, repair, and
servicing activities. C-T districts are to be
established in zones of two acres or larger and
shall be located only in the immediate vicinity
of arterial streets, freeways, or the
service/frontage drives thereof.

Principal Permitted Uses
B. One single-family dwelling or mobile
home per lot.

C. Permitted Accessory Uses.

1. One second residential dwelling per lot,
subject to the provisions of FMC 17.06.183;

2. Child care facilities with eight or fewer
children, subject to the provisions of FMC

17.06.020;

3. Community care facilities for six or fewer
(FMC 17.08.152);

4. Home occupations, subject to the
provisions of FMC 17.06.071;

5. Guest rooms for not more than two persons
in any single-family dwelling;

6. Servants’ quarters;

7. Guesthouses, subject to the provisions of
FMC 17.06.061;

8. Garage and yard sales, subject to the
provisions of FMC 17.06.060;

9. Public parks, playgrounds, and other public
recreational uses;

10. Keeping of not more than four household
pets on each lot, subject to the provisions of
FMC 17.06.006;

11. Other accessory uses and buildings
customarily appurtenant to a permitted use.

1. Automotive services, general.

2. Childcare facilities with eight or fewer
children.

3. Commercial recreation facilities, such as
swimming pools, bowling alleys, skating
rinks, and dance halls.

4. Community care facilities for six or fewer.

5. Convenience markets, not to exceed 3,000
square feet in gross floor area.

6. Food stores with at least 3,000 square feet
of gross floor area.

7. Motels.

8. Offices.

9. Plant nurseries, greenhouses, and fruit
stands.

10. Restaurants, including bars, dancing, and
entertainment.

11. Restaurants, drive-in.

12. Retail shops for sale of auto parts and
accessories, souvenirs, curios, and other
similar products, primarily to serve the
touring public.

13. Bed-and-breakfast inns, subject to the
provisions of FMC 17.06.010.

14. Emergency homeless shelters in the areas
shown on the homeless shelters zoning maps.

Conditional Uses

1. Essential services, public and quasi-public
storage buildings and uses, not including
service centers, storage or repair yards,
warehouses, and similar uses;

2. Model homes and temporary sales offices,
subject to the provisions of FMC 17.06.124;

3. Community care facilities with seven or
more (FMC 17.08.152);

4. Child care facilities with nine or more
children, subject to the provisions of FMC

17.06.020;

5. Principal permitted uses in the
neighborhood commercial (N-C) zoning
district: (FMC 17.03.020).

1. Professional offices;

2. Antique, art, music, and hobby stores;

3. Cleaning and dyeing establishments;

4. Dry goods stores;

5. Food stores;

6. Household appliance, radio, and TV repair
establishments (small scale);

7. Restaurants seating less than 100 persons,
including service of alcoholic beverages at
tables and a bar;

8. Sporting goods stores;

9. Barber and beauty shops;

11. Community care facilities for six or fewer
(FMC 17.08.152) (where a use permit is
obtained for the residential use prior to
establishment of the community care facility);

12. Bed-and-breakfast inns.

1. Auto body, fender, and radiator shops;

2. Ambulance service, mortuary,
crematorium, or columbarium;

3. Child care facilities with nine or more
children, subject to the provisions of FMC

17.06.020;

4. Community care facilities with seven or
more (FMC 17.08.152);

5. Commercial stables;

6. Contractors’ shops and yards;

7. Live theater;

8. Equipment rental and storage;

9. Light service industries, as defined by
resolution of the city council;

10. Major retail development, subject to the
provisions of FMC 17.06.120;

11. Mobile home parks, subject to the
provisions of FMC 17.06.123;

12. Public and quasi-public buildings and
uses, including corporation yards,
warehouses, and similar uses;

13. Recreational vehicle parks, subject to
FMC 17.06.170;

14. Residential uses that conform with the
density, open space and setback requirements
of the RM zone, subject to design review
under Chapter 17.07 FMC, with the exception
of single-family dwellings;

15. Shopping centers, which are subject to all
four of the following:
a. Minimum size of two acres, including
adjacent and associated lots developed,
managed, or owned by the same party, which
may or may not be enjoying joint reciprocal
parking and/or access; and
b. Placement of the -D design control
combining zone on the entire project site; and
c. Approval of the final site plan by the city
council after review by the planning
commission; and
d. All principal permitted uses allowed in the
R-C zone;

16. Veterinary facilities, subject to the
provisions of FMC 17.06.210;

17. Secondhand stores;

18. Warehousing and wholesaling, when
completely enclosed inside a building;

19. Mobile food vending.

GENERAL PLAN LAND USE DESIGNATION
Existing Land Use Designations
Rural Very Low
Residential Rural
Proposed Land Use Designation
Commercial
Rural Very Low
This designation provides for single-family
detached homes, secondary residential units,
public and quasi‐public uses, and similar and
compatible uses adjacent to the city limits.

Development in Very Low-Density
Residential areas should provide a buffer
between urban areas of the city and steep
slopes, natural habitat, or other geologically‐
or biologically-constrained areas. Residential
densities shall be in the range of 1.1 to 2.9
units per gross acre. The FAR for
nonresidential uses shall not exceed 0.30.

Residential Rural
Residential Rural (RR) This designation
provides for single‐family detached homes,
secondary residential units, public and quasi‐
public uses, and similar and compatible uses
in a rural setting. Development in Rural
Residential areas is generally limited due to
extreme slopes, natural habitat, or other
geologic and biologic constraints. Residential
density shall be up to 1.0 unit per gross acre.

The FAR for nonresidential uses shall not
exceed 0.10.

This designation provides for neighborhood
and locally‐oriented commercial centers that
may include retail and service uses, limited
professional and administrative offices as part
of a larger commercial center, public and
quasi‐public uses as part of a larger
commercial center, and similar and
compatible uses. The FAR shall not exceed

0.35. FISCAL IMPACT
The General Plan Land Use Diagram amendments and re-zones included in this Ordinance will have no foreseeable General Fund impact.

ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061 (b)(3) the “General Rule Exemption” because it can be seen with certainty that the rezone and General Plan amendment will not result in any changes to the environment since the density is not increasing by a significant amount. Further, any future development projects associated with this rezone and General Plan amendment will undergo additional environmental review at the time of application.

EXHIBITS
Exhibit 1: Location Map
Exhibit2: Assessor’s Parcel Map
Exhibit 3: Aerial Map
Exhibit 4: Site Plan-North
Exhibit 5: Site Plan-South
Exhibit 6a: Existing General Plan Land Use Map
Exhibit 6b: Proposed General Plan Land Use Map
Exhibit 7a: Existing Zoning Map
Exhibit 7b: Proposed Zoning Map
RECOMMENDED COUNCIL ACTION:

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

2. Open Public Comment.

3. Close Public Comment;

4. Motion to hold the second reading and adopt Ordinance 2024-771, read by title only. Roll call vote.

Any requirements and/or modifications should be included in the motion.

ATTACHMENT:
 Ordinance 2024-771; An Ordinance of the Fortuna City Council Amending the General Plan Land Use Diagram from Residential Very Low (RVL) and Rural Residential (RR) to Commercial (COM) and the Rezoning from Residential Estates (RE) and Residential Single-Family (R-1-10) to Commercial Thoroughfare (CT) of 0.81 acres of Assessor’s Parcel Numbers 202-092-006, 202-092-003, and 1.1 acres of Assessor’s Parcel Number 202-103-010 and finding the amendments exempt from the California Environmental Quality Act
.

Project Location
Rohnerville Road General Plan Land Use
Map and Zoning Amendment
Assessor’s Parcel Maps
Rohnerville Road General Plan Land Use Map
and Zoning Amendment
Aerial Map
Rohnerville Road General Plan Land Use Map and
Zoning Amendment
Site Plan 202-092-006, 202-092-003
Rohnerville Road General Plan Land Use Map and
Zoning Amendment
Site Plan 202-103-010
Rohnerville Road General Plan Land Use Map and
Zoning Amendment
Existing Land Use Designation
Rohnerville Road General Plan Land Use Map and
Zoning Amendment
Proposed Land Use Designation
COM
COM
Rohnerville Road General Plan Land Use Map and
Zoning Amendment
Existing Zoning
Rohnerville Road General Plan Land Use Map and
Zoning Amendment
Proposed Zoning
CT
CT
ORDINANCE 2024-771

AN ORDINANCE OF THE FORTUNA CITY COUNCIL AMENDING THE

GENERAL PLAN LAND USE DIAGRAM FROM RESIDENTIAL VERY LOW (RVL) AND RURAL RESIDENTIAL (RR) TO COMMERCIAL (COM) AND THE

REZONING FROM RESIDENTIAL ESTATES (RE) AND RESIDENTIAL
SINGLE-FAMILY(R-1-10) TO COMMERCIAL THOROUGHFARE (C-T) OF 0.81 ACRES OF ASSESSOR’S PARCEL NUMBERS 202-092-006, 202-092-003, AND 1.1 ACRES OF 202-103-010 AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City Council of the City of Fortuna has the authority to approve and amend the land use designations of parcels from one zoning designation to another in order to address unforeseen circumstances and changing priorities; and
WHEREAS, a General Plan amendment is required to allow the proposed zoning change; the General Plan amendment will change the land use designation from Residential Very Low (RVL) And Rural Residential (RR) To Commercial (COM)
WHEREAS, the proposed rezone will amend the Zoning Map designation from Residential Estates (RE) and Residential Single-Family to Commercial Thoroughfare (C-T); and WHEREAS, pursuant to the Fortuna General Plan Goal LU-1.5, the City shall encourage the reuse and redevelopment of blighted or underutilized structures and areas to facilitate new growth and economic vitality and the proposed C-T rezoning will encourage economic vitality through the commercial development of the parcels.; and
WHEREAS, The City’s General Plan Land Use Policy LU-1.5 requires the City to ensure that land use and development decisions are not detrimental to the positive character and identity of Fortuna’s existing residential neighborhoods and future residential uses will be protected through the development review process; and
WHEREAS, the Planning Commission considered the General Plan Land Use Diagram amendments and Rezonings at duly noticed public hearings on July 23, 2024, and September 10, 2024, and after considering the staff report, discussion, and public comment, voted unanimously to recommend that the City Council amend the General Plan Land Use Diagram and Rezone the parcels stated herein;
NOW, THEREFORE, The City Council of the City of Fortuna, State of California, does ordain as follows:

SECTION 1. Pursuant to the City of Fortuna General Plan and Fortuna Municipal Code Section

17.07.200 Zoning amendments, the City Council does hereby amend the General Plan Land Use Diagram from Residential Very Low (RVL) and Rural Residential (RR) to Commercial (COM) and the rezoning from Residential Estates (RE) and Residential Single-Family (R-1-10) to Commercial Thoroughfare (CT) of 0.81 acres of assessor’s parcel numbers 202-092-006, 202-092- 003, and 1.1 acres of 202-103-010 as set forth in Exhibit 2b and 3b and finding the amendments exempt from the California Environmental Quality Act.

SECTION 2. Severability. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. Conflicts. All ordinances and parts of ordinances or resolutions, in conflict herewith, are hereby repealed to the extent of such conflicts and no further.

SECTION 4: Environmental Determination. The Council finds that adoption and implementation of this ordinance are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061 (b)(3) the “General Rule Exemption” because it can be seen with certainty that the rezones and General Plan amendments will not result in any changes to the environment since the density is not increasing by a significant amount. Further, any future development projects associated with this rezone and General Plan amendment will undergo additional environmental review at the time of application.

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

INTRODUCED AND FIRST READING PERFORMED on this 16th day of September 2024 by the following vote:

AYES: Council Member 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 PERFORMED on the 7th day of October, 2024 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Tami Trent, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: October 7, 2024
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, Interim City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, October 21, 2024
3:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall
Monday, November 4, 2024
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, October 8, 2024
6:00 p.m.
**CANCELLED**
Regular Planning Commission Meeting
Tuesday, October 22, 2024
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Tuesday, January 21, 2025
5:30 p.m.

Regular Measure E Meeting
Council Chambers at City Hall

4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, November 6, 2024
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates Tuesday, October 22, 2024
8:30 a.m.

Regular FBID Meeting
Council Chambers at City Hall

6. Verbal Report