City Council Meeting Agenda: 02-08-2022 Page 1
Posted: Friday, February 04, 2022
NOTICE AND CALL OF A REGULAR MEETING OF THE
TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, FEBRUARY 08, 2022, at 6:00 PM
THIS MEETING WILL BE HELD VIA ZOOM VIDEOCONFERENCE
CLOSED SESSION BEGINS AT 5:15PM
In accordance with Executive Order N-29-20 this meeting will be held via videoconference, and will be hosted on the Zoom.
Learn more about Zoom here: https://zoom.us
PUBLIC COMMENT: Public comment may be submitted via email in advance of the meeting, or in an orderly process during the meeting. If you do not have access to email and you would like to provide a written statement, please deliver your comment to 409 Trinity Street, Trinidad CA, by 2:00pm on the meeting day.
Email public comments to [email protected] Your comments will be included in the public record for the meeting, and will be accepted at any time during the meeting.
HOW TO PARTICIPATE: The City will publish a direct link to the conference, along with the participant code, on the City Calendar page online at http://trinidad.ca.gov/calendar To phone in, dial 1-888-278-0296, Conference Code: 685171 Meeting ID: 835 7191 7750 Passcode: 471659 I. CALL TO ORDER
II. TELECONFERENCE MEETINGS
1. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
III. PLEDGE OF ALLEGIANCE
IV. CLOSED SESSION AGENDA PUBLIC COMMENT
At this time, members of the public may only comment on an item appearing on the agenda. Please adhere to the following when addressing the Council: 1) Individual comments will be limited to 3 minutes or less, 2) Comments should be directed to the Council as a whole and not directed to individual Council Members V. ADJOURN TO CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation (Calif. Gov. Code Section 54956.9(d)(1)) (1 Case: City of Trinidad vs. Tsurai Ancestral Society, et. al, Humb. Co. Sup. Court Case No. 180684)
2. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9: City of Trinidad v. Trinidad Bay Bed & Breakfast/Mike Morgan (Humboldt Co. Superior Court Case No. CV2100112)
3. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9): City of Trinidad vs. Mike Morgan (Humboldt Co. Superior Court Case No. CV2100066)
VI. RECONVENE TO OPEN SESSION
VII. APPROVAL OF AGENDA
VIII. APPROVAL OF MINUTES – 12-14-2021 cc, 01-11-2022 cc, 01-25-2022 ccpcstr IX. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
X. STAFF REPORTS – City Manager & Law Enforcement
XI. ITEMS FROM THE FLOOR
City Council Meeting Agenda: 02-08-2022 Page 2
At this time, members of the public may comment on items NOT appearing on the agenda. Individual comments will be limited to 3 minutes or less. Comments should be directed to the Council as a whole and not to individual Council Members or staff. Council and staff responses will be minimal for non-agenda items.
XII. CONSENT AGENDA
All matters on the Consent Agenda are considered routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items. If discussion is requested by any Council member, that item is removed from the Consent Calendar and considered separately. A single opportunity for public comment on the Consent Agenda is available to the public.
1. Staff Activity Report – January 2022
2. Financial Statements – December 2021
3. Law Enforcement Report – January 2022
4. Approve Contract with Coleman Engineering to Provide Qualified and Certified Chief Water Treatment Plant Utility Operations for the City of Trinidad.
5. Approve Contract with Best, Best, Krieger for Supplemental Legal Advice in Connection to Issues Involving Local Native American Tribes.
6. Resolution 2022-01; Revised Local Coastal Program (LCP) Planning Grant Funding Request
7. Resolution 2022-02; Caltrans Funding Agreement.
XII. DISCUSSION/ACTION AGENDA ITEMS
1. Resolution 2022-03; Recognizing the Public Service of Tom Davies
2. Discussion/Decision regarding Proposed Trinidad Head Trail Sign.
3. Continued Discussion/Decision regarding Short-Term Rental Ordinance Revisions.
4. Discussion/Presentation/Brainstorming Session regarding Per Capita Grant Projects to Improve City Park and Recreation Opportunities.
5. Discussion/Decision regarding First Reading of Ordinance 2022-01; Amending the Requirements for Election of the Chair of the Planning Commission.
6. Discussion/Decision regarding Appointment to Fill the City Council Vacancy through December 2022.
7. Discussion/Decision regarding Appointment to Fill the Vacant Resident Member to the Trinidad Trails Advisory Committee.
XIII. FUTURE AGENDA ITEMS
XIV. ADJOURNMENT
TELECONFERENCE MEETINGS
SUPPORTING DOCUMENTATION ATTACHED
1. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION 2021-12
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF TRINIDAD MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361,
AND AUTHORIZING THE CONTINUED USE OF VIRTUAL MEETINGS
WHEREAS, as a result of the COVID-19 pandemic, the Governor issued Executive Order Nos. N-08-21, N-25-20 and N-29-20, which suspended certain provisions of the Ralph M. Brown Act to allow legislative bodies to conduct public meetings without strict compliance with the teleconferencing provisions of the Brown Act; WHEREAS, Assembly Bill 361, which was signed into law on September 17, 2021, amended Government Code section 54953, to provide relief from the teleconferencing provisions of the Brown Act under certain circumstances provided the legislative body makes certain findings; WHEREAS, as a result of the COVID-19 pandemic, the Governor proclaimed a state of emergency on March 4, 2020, in accordance with the section 8625 of the California Emergency Services Act, and the state of emergency remains in effect;
WHEREAS, as a result of the COVID-19 pandemic, the Humboldt County Health Officer has imposed and has recommended measures to promote social distancing as more particularly set forth in his August 6, 2021, Order, among other prior orders and guidance;
NOW, THEREFORE, the City Council does hereby find and resolve as follows:
1. That the Council has reconsidered the circumstances of the previously declared and existing state of emergency arising from the COVID-19 pandemic;
2. That the state of emergency continues to directly impact the ability of the members of the Council to meet safely in person, and further that local officials continue to impose or recommend measures to promote social distancing;
3. That the Council and its subordinate Committees, Commissions, and Boards may continue to conduct public meetings in accordance with Government Code section 54953(e);
4. That the Council will reconsider the above findings within 30-days of this Resolution.
PASSED, ADOPTED, and EXTENDED on the 14th day of December, 2021 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
______________________________
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
APPROVAL OF MINUTES FOR:
DECEMBER 14, 2021 CC
JANUARY 11, 2022 CC
JANUARY 25, 2022 CCPCSTR
Supporting Documentation follows with: 0 PAGES
All sets of minutes will be uploaded to the website by Monday, February 07.
12-14-2021 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, DECEMBER 14, 2021 (ZOOM)
I. CALL TO ORDER
Mayor Ladwig called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Ladwig, Grover, Davies, and West. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, City Planner Trever Parker. Approximately (12) participants were present online at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION – No closed session
IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF THE AGENDA
Motion (Grover/West) approve the agenda as submitted. Passed unanimously.
VI. APPROVAL OF MINUTES – 10-12-2021 cc (revised), 11-09-2021 cc Motion (Grover/West) to approve both sets of minutes as submitted. Passed unanimously.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: Nothing to report.
Davies: Nothing to report.
Grover: (RCEA) meeting early due to holiday. Attended the Green Party General Assembly meeting as well.
Ladwig: Attended HTA meeting, continued to move forward with replacing fossil fuel busses with hydrogen or solar powered busses and charging stations.
VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted the law enforcement stats, as well as other notable updates listed in the staff report included in the meeting packet, including an update on Verizon cell facility development in Westhaven.
Construction is expected to be finished by the end of December. Also recognized new Water Plant employees Jamie Vincent and Lyle Lowery, and introduced City Auditor Ralph Marcello.
Marcello explained that will be his last year in the CPA business. Over the years his recommendations have resulted in revenue savings and capital outlay programs. Trinidad has done well this past year despite the impact of Covid. No questions from the Council.
Naffah concluded with an Organics Recycling Mandate SB1383 update. The County Task Force has hired a consultant to assist with compliance requirements, and Trinidad will qualify for a 2-year waiver.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Mike Morgan – Trinidad
Read from a Facebook post published regarding grievances against the City over the restraining order, rental moratoriums, and litigation expenses. Submitted the complete post in writing prior to the meeting.
X. CONSENT AGENDA
1. Staff Activity Report
2. Financial Statements – October 2021.
3. Law Enforcement Report – November 2021.
4. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
5. Resolution 2021-15; Authorize Submittal of the Local Coastal Plan (LCP) Planning Grant to the California Coastal Commission.
6. Acceptance of the FY 2020-2021 Audit
Motion (Grover/West) to approve the consent agenda as submitted. Passed unanimously. 12-14-2021 City Council Meeting Minutes Page 2
X. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Presentation Regarding Local Road Safety Plan.
City Manager Naffah introduced Katheryn Kleinschmidt from GHD. Kleinschmidt presented slides included in the meeting packet, and explained that the City received $40,000 in grant funding from Caltrans for development of a Local Roadway Safety Plan (LRSP). The City will provide $4,500 in match funds. On October 13, 2020, Council adopted Resolution 2020-08 to authorize the City Manager to execute LRSP funding documents. On January 26, Council authorized the City Manager to sign a scope of services with GHD, Inc. for development of the Local Roadway Safety Plan.
The LRSP is a data driven process that provides a framework for organizing safety partners and other stakeholders to identify, analyze and prioritize roadway safety improvements on local and rural roads. GHD applied a systematic approach which included a citywide analysis of the roadway system in Trinidad comprising of the current collisions patterns (only 2 collisions in the past five years in the City limits) and high-risk roadway characteristics with a goal to identify safety countermeasures to help increase the City’s safety. The draft LRSP can be viewed on the project website at https://lrsp.mysocialpinpoint.com/trinidad/draft .
The next Highway Safety Improvement Program (HSIP) Cycle 11 requires a Caltrans compliant LRSP for applying and receiving funding. HSIP Cycle 11 call for projects is anticipated to begin around April 2022, with applications due at the end of September 2022.
Council questions included:
Grover: Has Edwards Street safety been considered? Kleinschmidt acknowledged that speed was identified in the plan. Becky Price-Hall reminded the Council that the City abandoned the Active Transportation Grant that was originally for the Van Wycke Trail repair, but pivoted to placing sidewalks on Edwards. The community rejected it.
West: What is the next step? Kleinschmidt explained that tonight’s goal is to collect feedback, and then return in January with the final draft for approval. The plan is open and inclusive. The plan identifies a wide variety of things that can be done.
Davies: It very much concerns me that the City chases grants to the detriment of what this City should look like. This is leading to the urbanization look of Trinidad, and many people are concerned about sharrows and traffic lines. Moving forward, I hope we can keep this in mind. The roundabout was looked at for the Gateway Project many years ago. It would be good to look at that, along with safety improvements on Scenic. I hope we’re not going after money that makes the town look urbanized. One day I woke up and found white lines on my street (Ocean Avenue) and don’t know how that happened. It encourages speeding.
Ladwig: I agree with Davies. Grateful for the low collision rate, but also support moving forward to January with a list that doesn’t require everything to be completed.
Price-Hall suggested including Davies comments into the plan, and clarify that the Plan is the menu, with any future improvements requiring future Council approval. Davies agreed.
There was no public comment.
Presentation only. Comments will be included in the final plan to be brought back in January.
2. Discussion/Decision regarding Water Master Services Agreement with Pacific Watershed Associates.
City Manager Naffah explained that the agreement follows up with previous Council discussions and decisions to enhance water resiliency. Exhibit A identifies 2 tasks; 1) Project Oversight, and 2) Water Storage Support Services.
PWA Danny Hagans explained the strategy they’ll use to identify storage properties in the Luffenholtz Creek vicinity, develop an outreach letter to landowners of interest, and conduct preliminary evaluations to determine site capability to support additional infrastructure and what volume of storage is feasible.
Council questions included:
West: You’ll also be pursuing funding opportunities as well, correct? Hagans explained that wasn’t explicitly in this agreement, but PWA will share that information if available. 12-14-2021 City Council Meeting Minutes Page 3
Public comment included:
Paula Levine – Trinidad Area, Water Customer
What’s the advantage of having additional tanks on private property vs. having additional tanks at the Treatment Facility? Is there enough land at the Treatment Plant to place additional tanks? Hagans stated PWA is looking for areas to place tanks that do not require grading. The watershed is steep and undevelopable. To my knowledge the City does not have excess flat land for storage.
Levine continued, stating that the object of the October PWA report was to provide feasibility data for developing the watershed. PWA provided a geology report with no data. PWA wasn’t able to identify similar projects done for a municipal water source. The Council made this decision on emotion, not on data. GHD provided data. PWA wants up to $24,000 for a feasibility study. Does the City put projects like this out for bid? Is PWA the only game in town?
City Manager Naffah claimed that a master service agreement can be prepared with a company with special expertise or skills. We also have a master service agreement with GHD.
Jim Baker – Mendocino area
The Treatment Plant is on old county road property. There may be adjacent land available, work investigating.
Davies/West to approve the master services agreement with Pacific Watershed Associates. Passed 3-1. NoGrover.
City Manager Naffah requested the Council vote independently on Task Order 1.
Ladwig/Davies to approve Task Order 1 in the master services agreement. Passed 3-0-1. Grover abstained due to lack of information.
3. Discussion/Decision regarding Water System Drought Resiliency Funding Update.
Grant Administrator Becky Price-Hall explained that the City Council directed staff to seek funding to address a suite of inter-related issues to promote water resiliency, improve water infrastructure and address impacts of the drought, including projects to reduce water loss by fixing leaky pipes, increase water storage and explore alternative water sources and watershed restoration. The following grants are being pursued; Small Community Drought Relief Grant: As authorized by Council Resolution 2021-11 on September 14th, the grant application was submitted on October 5 for $6,167,453 to construct a 300,000-gallon steel water tank and to replace of 7500 feet of old leaky water lines. The City’s application is still in the queue for review and we may not know if it’s approved for funding until February 2022.
Drinking Water State Revolving Fund Planning Grant: Staff is working with GHD to complete the application to submit in January for the Trinidad Water System Resiliency Capital Improvement Planning Project. The project will conduct resiliency planning, develop a Capital Improvement Plan (CIP) with environmental documentation, draft plans, and funding application(s) for priority projects. The CIP will be a more proactive approach to developing and funding projects, and has the potential to lower costs to secure project funding because details for the prioritized project are developed as part of the plan. The CIP would also include a budget for securing funding and applying for grants.
Multibenefit Drought Relief Grant: At the November 9, 2021, City Council authorized staff to prepare an application for the Trinidad Multi-benefit Water Resilience Project and adopted Resolution 2021-13, Authorizing the Grant Application, Acceptance, and Execution for the Trinidad Multi-benefit Water Resilience Project.
The City’s application for the Small Community Drought Program is still pending so staff recommends applying again for a new water tank and fixing leaky pipes. Staff also recommends including an emergency intertie with Westhaven Community Services District. The intertie connection would have a100 gallon per minute capacity and would likely be a 6” diameter pipe with system sizing details to be updated as appropriate by engineers during the grant development process. All three projects provide multiple benefits and address “immediate impacts of the drought on human health and safety; and to protect fish and wildlife resources plus other public benefits, such as ecosystem improvements.
12-14-2021 City Council Meeting Minutes Page 4
Council questions included:
Davies: $6,000 was approved at the last meeting. Is there another $6,000 needed? Price-Hall explained that the previous grant cost more than anticipated due to the expansion of the scope, with the total cost of $20,000 for all 3 concepts.
There was no public comment.
Motion (Grover/West) to;
• Direct staff to develop of an emergency intertie proposal and negotiate an emergency intertie MOU or agreement with WCSD for Council approval.
• Direct staff to include the Emergency Intertie Project in the application for the Trinidad Multi-benefit Water Resilience Project.
• Approve an additional $6,000 for water system funding assistance. Passed unanimously.
4. Discussion/Presentation regarding General Plan Update.
City Planner Trever Parker explained that as part of this discussion, staff provided “clean” and “track changes” versions of both the Introduction and Land Use Element of the draft General Plan in the meeting packet. The track changes version shows all the edits and comments since the documents were submitted to Coastal Commission staff. Many of the edits are based on the CCC comments, but some reflect new information and other changes. For example, the Planning Commission reviewed and revised the policies related to the water service area after developing the policies for responding to water hook-up requests from outside City limits.
The Council have seen the clean versions of both of these documents (Introduction at the September 2019 meeting and Land Use in July 2020). But the Council did not spend much time discussing them and did not see the Coastal Commission comments and responses with the changes tracked. All the Coastal Commission staff feedback on the general plan update thus far can be accessed on the City’s website at the following link:
https://trinidad.ca.gov/document-library/coastal-commission-comments-and-responses-lcp-update Two different CCC staff commented on the Introduction, KC (pinkish purple) and TG (green). City Planner comments and responses are TP (pinkish orange). New comments and questions have been added since the document was reviewed by the Planning Commission in both the Introduction and Land Use Element.
Also included with this report are 2018 and 2020 draft figures for the LU element. The 2018 figures are what the Coastal Commission comments were based on. The 2020 figures have been updated but should be considered interim drafts. As I mentioned at the last Council meeting, staff are currently working on updating all the figures. That has been stalled with the creation of a new figure 1 for the Introduction, which required us to take a closer look at the GIS data and City limits. Previously, the City limit line was based on the County's GIS data, which is primarily based off Assessor Parcel Maps, which are notoriously inaccurate, especially the older ones. So, we have been using survey and LiDAR data (digital elevations) to get the City limit lines accurately located and georeferenced. For example, the AP map parcel lines only extend seaward to the US Meander Line, which is well above the mean high tide line, where most of the parcels and City limits actually extend down to. That is almost done, and then we can get back to updating all the figures.
There was no public comment.
Parker explained that the entire document will eventually come to the Council, but each element will be brought for review when prepared, starting with the Conservation and Open Space elements next – which include many Coastal Commission comments.
Davies: “Consistent with the character of the community”. This is a phrase we should keep in mind when chasing grants and evaluating or considering future development.
Ladwig: Regarding Section 7, Harbor Area. Will this element have to be updated since the Fee-to-Trust status has moved ahead significantly since June? Parker noted that it would be revised. Ladwig also mentioned his satisfaction with the progress, and if the Commission is ready to move the Conservation and Open Space elements, let’s have them in January.
Discussion item only. No decision was made.
12-14-2021 City Council Meeting Minutes Page 5
5. Discussion/Decision regarding City Council Vacancy Appointment.
City Clerk Adams explained that the City received a letter of resignation from Councilmember Richard Clompus, effective October 13. Clompus was appointed to fill the vacancy left by the resignation of Dwight Miller in July 2020. Miller was elected to the position in 2018 and served 1-year and 6 months of his 4-year term upon resignation.
Clompus served 1-year and 4 months (July 14, 2020 through October 12, 2021) upon resignation. His term expires December 2022.
The current Councilmember terms are:
Ladwig Term Expires December 2024
West Term Expires December 2024
Clompus Term Expires December 2022
Davies Term Expires December 2022
Grover Term Expires December 2022
Basic eligibility requirements for serving on the City Council are:
- Must reside inside the city limits
- Must be a registered voter, inside the City limits.
- In the case of an appointment, the new member must be affirmed by a majority vote of the remaining Council members during an open session.
The City Council is responsible for appointing a new member to fulfill the remaining term, and may set whatever qualifications, criteria, and experience they feel is necessary for the applicants to have.
Vacancy notices were published at various locations within the community. The local news media outlets have also publicized the position, along with City announcements. The notifications remained posted until letters of interest were received.
As of the filing deadline of November 17, two (2) letters of interest were received. - City resident and current Planning Commission Chairperson Cheryl Kelly. - City resident and business owner Mike Morgan.
Kelly introduced herself as the current Planning Commission Chairperson, Trinidad homeowner for 20 years, and retired high-tech executive living in Trinidad full-time now for 3-years. I enjoy being prepared and open minded.
Morgan requested a letter submitted by Patti Fleschner be read aloud on his behalf. The letter suggested Morgan be seriously considered for the position.
There was no public comment.
By unanimous vote, the Council welcomed Cheryl Kelly to fill the vacancy through December 2022 on the City Council.
FUTURE AGENDA ITEMS
- Continued General Plan Update Elements.
ADJOURNMENT: 8:05pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
01-11-2022 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, JANUARY 11, 2022 (ZOOM)
I. CALL TO ORDER
Mayor Ladwig called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Ladwig, Grover, Davies, and West. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, City Planner Trever Parker. Approximately (13) participants were present online at the beginning of the meeting.
New Councilmember Cheryl Kelly was sworn into office.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation (Calif. Gov. Code Section 54956.9(d)(1)) (1 Case: City of Trinidad vs.
Tsurai Ancestral Society, et. al, Humb. Co. Sup. Court Case No. 180684)
2. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9: City of Trinidad v. Trinidad Bay Bed & Breakfast/Mike Morgan (Humboldt Co. Superior Court Case No. CV2100112)
3. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9): City of Trinidad vs. Mike Morgan (Humboldt Co. Superior Court Case No. CV2100066)
4. Water Plant Employment/Performance Pursuant to Government Code Section 54957.
IV. RECONVENE TO OPEN SESSION
Mayor Ladwig reported that the Council voted unanimously to approve a contract with Coleman Engineering to provide standard operating procedures for the Water Plant and train new employees.
V. APPROVAL OF THE AGENDA
Motion (Grover/West) approve the agenda as submitted. Passed unanimously.
VI. APPROVAL OF MINUTES – Minutes from the 12-14-2021 meeting will be reviewed at the February meeting.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: Nothing to report.
Davies: Nothing to report.
Grover: Due to the passing of my landlord, I will have to leave my residence in the City and therefore my Council seat within the next few months.
Ladwig: Recognized two residents identified in Senior News publication that help keep Trinidad clean.
VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet, including an update on Verizon cell facility development in Westhaven. Construction completion pushed to end of January due to the delay of bringing fiber cable to the site. Asked Verizon customers to keep the City informed of the quality of service they’re receiving. Also provided update on Organics Waste mandate, as well as a possible grant opportunity to develop vista points on Van Wycke, and his attendance at the City Manager conference in February.
Lieutenant Kevin Miller summarized law enforcement stats for December.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Paula Levine – Trinidad Area, Water Customer
Submitted a letter to the City Clerk for the record. Recommend Pacific Watershed Associates itemize their accounting on a monthly basis on progress towards their feasibility task order. Asked if all contracts are published online in a timely manner, and recommended receiving updates on water related grants or business at every meeting.
01-11-2022 City Council Meeting Minutes Page 2
X. CONSENT AGENDA
1. Staff Activity Report – December 2021
2. Financial Statements – November 2021.
3. Law Enforcement Report – December 2021.
4. Adopt Revised Local Road Safety Plan
Councilmember Grover noticed an absence of the Edwards Street sidewalk concept listed in the draft plan. It is a concern of the public and asked if it could be included.
GHD representative Katheryn Kleinschmidt noted that sidewalks aren’t typically funded through the HSIP program. The Active Transportation Program (ATP) does, but an ATP project was turned down by the city in 2020 that included sidewalks on the south side of Edwards Street. Will be happy to include that concept in the plan.
Kelly: Are speed bumps considered? Kleinschmidt noted that traffic calming wasn’t part of the HSIP program but would be happy to include it in the plan.
City Manager Naffah noted that any project proposed for future funding would be brought back to the Council for final consideration.
Motion (West/Grover) to adopt the Local Road Safety Plan. Passed unanimously.
5. Prop 84 ASBS Stormwater Project Outreach and Update
Motion (Grover/West) to pull item 4 for discussion. Passed unanimously.
X. DISCUSSION/ACTION AGENDA ITEMS
1. Welcoming New Councilmember Cheryl Kelly.
Mayor Ladwig noted Kelly was sworn into office prior to Closed Session. Kelly briefly introduced herself and shared her excitement to serve and see the General Plan come to fruition as she’s been developing it on the Planning Commission for the last 3 years.
Introduction only. No decision was made.
2. Continued Discussion regarding General Plan Update, Conservation Element.
City Planner Trever Parker explained that for this agenda item, staff provided “clean” and “track changes” versions of the Conservation, Open Space and Recreation (CONS) Element of the draft general plan, included in the meeting packet. There are two track changes versions of the document due to the number of comments, responses, and edits. The track changes show all the edits and comments since the document was submitted to Coastal Commission staff in 2018. Many of the edits are based on the CCC comments, but some reflect new information and other changes made by the Planning Commission.
The Planning Commission has reviewed this document, but the PC has not yet recommended it to the Council due to a few outstanding issues, including updated figures. It will be ready to go back to Coastal Commission once we have new figures. As mentioned last month, the PC is working on updating all the figures. The 2018 figures have been included for context, and are what the Coastal Commission comments were based on.
Coastal Commission staff comments are included within the document itself and in two comment letters (July 5, 2019 general comments and September 10, 2019 comments specific to the CONS element). This time, three Coastal Commission staff commented on the document, and two SHN staff responded. A key of who's who is included below. For comments that are greyed out, the suggested changes were made, and no response was needed. Where there are comments/responses with "...[#]" in a white box, the rest of the statement is included at the end of the document under that reference #.
Comment Color and Initial Key:
KC (pinkish-purple) Cristen Kenyon, Supervising Coastal Planner at the Arcata CCC office TG (grey) Tamara Gedik, Coastal Planner overseeing Trinidad at the Arcata CCC office KL (yellowish-green) Laurie Koteen, CCC Ecologist (out of a different office) SW (blue) Sarah West, SHN
01-11-2022 City Council Meeting Minutes Page 3
TP (pinkish-orange or pink-pink) me.
All the Coastal Commission staff feedback on the general plan update thus far can be accessed on the City’s website at the following link: https://trinidad.ca.gov/document-library/coastal-commission-comments-andresponses-lcp-update The clean version was uploaded to the GP update - draft elements section (https://trinidad.ca.gov/documentlibrary/gp-update-draft-elements).
Council questions included:
West: Did we include enough information about communication with the local Tribal Governments in this element? Parker explained that the City has a Cultural and Historic Resources Element, and Tribal Consultation will need to be continued. Once all the elements are put together, they will be cross-referenced.
West also asked about public access to the school grounds after-hours.
Public comment included:
Sherry Provolt – Yurok Tribe
Acknowledge all the work done by the Planning Commission so far. On page 6, stakeholders are listed, but it does not list the Yurok Tribe. Also, was there a reference to the Tsurai Management Plan? City Planner Parker noted that as we get closer to the final draft of the General Plan in total, the City should consider publicizing the document on a larger scale, perhaps in a workshop setting, to make sure all the stakeholders get a chance to comment. The Circulation Element should be next on the Council’s list, perhaps in February.
Ladwig: Important to hear from the Coastal Commission before getting too committed to a final draft that could see significant revisions.
Presentation only. No decisions made.
3. Accept Councilmember Tom Davies Resignation and Authorization to Begin Recruitment to Fill the Vacancy through December 2022.
City Clerk Adams explained that the City received a letter of resignation from Councilmember Tom Davies, effective December 31, 2021. Davies was elected to the position in 2018 and will have served 3-years upon resignation. The City must actively seek a replacement for the remainder of his term through December 2022.
The current Councilmember terms are:
Ladwig Term Expires December 2024
West Term Expires December 2024
Kelly Term Expires December 2022
Davies Term Expires December 2022
Grover Term Expires December 2022
Basic eligibility requirements for serving on the City Council are:
- Must reside inside the city limits
- Must be a registered voter, inside the City limits.
The City Council is responsible for appointing a new member to fulfill the remaining term, and may set whatever qualifications, criteria, and experience they feel is necessary for the applicants to have.
A vacancy notice will be published immediately to seek applicants to fill the position with a likely soft deadline of February 04.
Informational item only. No decision was made.
01-11-2022 City Council Meeting Minutes Page 4
4. Discussion/Decision regarding Commissioner Assignments.
With the addition of a new member to the Council, it is customary to assign (or reassign) the exiting Councilmembers duties. Kelly agreed to take on the Gateway Committee assignment and taking on the other duties through the remainder of this year.
Ladwig volunteered to become the RCEA alternate.
COMMITTEE REP ALT
Humboldt Waste Management Authority HWMA Clompus West
Humboldt County Association of Governments HCAOG West Davies Tsurai Management Plan Implementation Committee West No Alt.
Redwood Regional Economic Development Corp. RREDC Ladwig Grover HTA Humboldt Transit Authority HTA Ladwig West
Redwood Coast Energy Authority RCEA Grover Clompus
CCNM Trinidad Gateway Committee Clompus Ladwig
Humboldt County Convention & Visitors Bureau HCCVB. Clompus Office of Emergency Services OES Grover Ladwig
Hazardous Materials Response Authority HMRA Grover West Indian Gaming Benefit Committee Clompus West
Humboldt Mayors Committee Ladwig West
Tribal Government Liaison – (Trinidad Rancheria/Yurok Tribe) Ladwig West League of CA Cities Naffah Grover
Trinidad Trails Committee Davies West
Water Advisory Committee Clompus Grover
FUTURE AGENDA ITEMS
- Continued General Plan Update – Circulation Element.
ADJOURNMENT: 7:45pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
01-25-2022 CCPCSTR Meeting Page 1
MINUTES OF THE ANNUAL JOINT MEETING OF THE TRINIDAD CITY COUNCIL,
PLANNING COMMISSION, AND SHORT-TERM RENTAL ADVISORY COMMITTEE TUESDAY, JANUARY 25, 2022 (ZOOM)
I. CALL TO ORDER
Mayor Ladwig called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Ladwig, West, and Kelly. Grover was absent. Planning Commissioners in attendance: Johnson, Stockness, Hakenen, and Hopkins. STR Advisory Committee members in attendance: Bruce, Stockness, Nash-Hunt, and Moran.
City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, City Planner Trever Parker.
Approximately (15) participants were present online at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF THE AGENDA
Motion (West/Kelly) approve the agenda as submitted. Passed unanimously.
IV. STAFF REPORTS
City Manager Naffah explained that STR Permit renewal cycle is underway.
V. ITEMS FROM THE FLOOR - None
VI. CONSENT AGENDA – No consent items.
X. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Presentation of the Annual Report of the STR Advisory Committee.
STR Advisory Chairman Dick Bruce explained that the following annual report presented was included in the meeting packet:
The Committee met 3 times in 2021 with the scheduled December meeting pushed out to January 4, 2022 due to holiday scheduling conflicts. It has been our usual practice to request a staff report for each of our meetings detailing any complaints (and their resolution) received by the City since our last meeting, along with any specifically requested information pertaining to STRs like license renewals or Planning Commission activities related to the STR Ordinance.
March 23, 2021- The Committee reviewed the staff report documenting that:
1. The Covid related STR rental moratorium was lifted on March 9, 2021 and that during the moratorium approximately 12-15 STRs were occupied by essential workers as allowed.
2. No complaints were received by the City from November 2020 to date through March 2021.
3. The license application/renewal cost tracking timesheets previously recommended by the Committee had been implemented by staff for the 2021 license renewals. The cost of each individual license renewal is now tracked to provide the City data on the fees necessary to cover staff support.
Additionally, staff implemented two more cost tracking timesheets to track any post licensing costs for each individual STR along with a timesheet to track general staff costs associated with maintaining the STR program.
At the November 17, 2020 Committee meeting the City Manager was asked to get an opinion from the City Attorney “regarding enforcement of the ordinance and who should be responsible for the collection of fines resulting from violations of the ordinance”, the occupant or the STR operator. At the March 2 meeting the City Manager reported back to the Committee that the attorney advised that “the STR operator is clearly responsible for fines/penalties of this nature. If the Ordinance is not drafted as such, it should be”. After a back and forth discussion, the Committee deferred to the Planning Commission to review this at their upcoming review of the Ordinance.
The Committee next discussed the Planning Commission’s upcoming review of the Ordinance. Commissioner Stockness reported that the review/revision of the Ordinance would be completed in 2021 and that the Planning 01-25-2022 CCPCSTR Meeting Page 2
Commission wanted more input from the Committee. After discussion the following motion was passed unanimously:
Each Committee member to review the ordinance individually and bring forth two-three items for discussion (at the next meeting).
June 29, 2021- The Committee reviewed a staff report prepared by the City Manager that reported:
1. The renewal process was complete and STR Contact Information identifying 28 STRs had been sent to all city residents.
2. No complaints received since the March STR Committee meeting.
3. The new cost tracking timesheets provided the following data:
1. Average processing cost per application $141.21. Overall cost for all applications $3,812.75.
2. General cost to the City for all STR activity not associated with individual STRs (May 2020- current) including City Clerk, Administrative Assistant and City Planner $3,184.26
3. Average cost per application post license issuance $0.00.
The Committee discussed the Planning Commission’s initial review of the STR Ordinance and the Committee’s role in the process and agreed with staff’s observations that most of the Committee’s previous recommendations can be handled administratively. It was also agreed that since the Planning Commission was now already in the review process (two meetings, May and June had already been held) that further review by the Committee would be a duplication of the Planning Commission’s efforts. Commissioner Stockness confirmed she would be advising the Planning Commission to discuss the addition of the collection of security deposits in the ordinance. No motions were brought forth.
October 5, 2021- The Committee reviewed a staff report documenting that:
1. No complaints received since the June STR Committee meeting.
2. After the City Council addresses changes to the STR Ordinance (proposed by the Planning Commission) in November, a lottery process will be held to fill any available STR licenses from the waitlist.
3. Despite the moratorium on STR rentals for most of the 3rd quarter of the fiscal year the TOT revenues received for FY 2020-21 should total approximately $134,000 versus the budgeted projection of $140,000.
In the prior fiscal year 2019-20, TOT revenues totaled $101,453 due to the moratorium on STR rentals covering most of the 4th quarter of that fiscal year.
The City Manager also reported that the TOT totals were for the fiscal year ended June 30, 2021 and that the new budget projection for fiscal year 2021-22 would again be $140,000 even though the actual amount collected could be more due to less covid related restrictions on rentals this year versus last.
The Committee discussed the status of the Planning Commission’s review and revision of the Ordinance.
Commissioner Stockness reported on the process and confirmed that the Commission had finished their revision and had made it available for the City Council to review back in August, but so far it had not gone to the Council.
The City Manager stated that due to other pressing City matters that the revised ordinance would not go to the Council until it’s November meeting. During the review process the Planning Commission received very little comment or input from the public, even though three meetings were held where the Ordinance revision was on the agenda.
One of the biggest issues discussed by the Committee has been complaints/fines and who is responsible for collection of fines. The revised ordinance addresses this along with several clarifications. The Committee was generally in favor of the revision as presented, particularly the inclusion of the Committee’s proposed definition of the “meet and greet”, but due to the absence of one committee member did not want to make a recommendation to the Council at this time. We invite comment to the Council from the Planning Commission on the process and the revised Ordinance.
January 4, 2022- The Committee reviewed a staff report documenting that:
01-25-2022 CCPCSTR Meeting Page 3
1. No complaints received since the October STR Committee meeting.
2. The City Council is waiting for a review by Coastal Commission staff before addressing the Planning Commission’s suggested revisions to the ordinance. Comments/suggested changes from Commission staff are expected in February or March, at which time the City Council will address the suggested revisions.
3. Annual license renewals for 2022 were in progress. 28 STR permit renewal packets were mailed out on November 10, 2021 with January 10, 2022 the deadline to return applications.
The Committee discussed a draft of the annual report to the City Council and requested chairman Bruce to add several additional comments to the draft.
Final Comments:
1. Although not perfect, the ordinance seems to be working. According to staff there were no formal complaints regarding STRs filed in 2021. Additionally, the STR Committee has had very little public input or participation in our quarterly meetings and we have not received any complaints during either items from the floor or public comment on agendized discussion items. This does not mean that there are not still occasional problems, but it appears to be an indication that at least in 2021 things have improved.
2. The Planning Commission reviewed and discussed the ordinance at 3 meetings and completed their suggested revision of the ordinance last August. The revision incorporates several of the Committee’s recommendations. It is somewhat disheartening, but at the same time understandable (due to more pressing matters like the water issue), that the Council has not yet acted on the revision. We strongly encourage the Council to move quickly on the ordinance revision once Coastal Commission staff returns their comments on the draft.
3. In the past, questions have been raised about how much the STR industry is costing the City. During 2021 staff implemented cost tracking measures (recommended by the Committee in 2020) to analyze costs associated with running the STR program. As discussed above in the City Manager’s June 29th Committee meeting staff report, the total cost to process the annual renewals was $3,812 and the general costs not specific to individual STRs was $3,184 for a grand total just under $7,000. As reported in the October 5th Committee meeting staff report, even though the summer of 2020 was year one of Covid, the TOT revenue received by the City for FY 2020-21 totalled approximately $134,000. As of January 10th 2022, staff reports that the revised TOT figure for fiscal year 2020-21 is $135,811 of which $19,393 is attributable to the B&B, making the amount generated by STRs $116,418. Looking at these numbers on a strictly financial basis there is definitely a financial benefit to the City from the STR industry, not to mention the economic benefits to the City’s business community from tourists staying in town.
4. The Committee has had several discussions about our future as a committee. We have been 1 “city resident” member short for over a year and no one has expressed an interest in filling that vacancy.
Although the current group is respectful of each other and works well together the vacancy means there is a 2 to 1 voting imbalance in favor of the STR industry representatives which is not the way the committee was designed to operate. Additionally, the Planning Commission has completed their revision of the ordinance and we are all waiting for first the Coastal Commission staff comments and then the City Council’s decision moving forward. At our recently completed January 4th meeting the consensus was to ask the City Council for direction. Unanimously we feel that there is currently no need to meet 4 times a year. We are not receiving public input at our meetings. There is presently not a lot more we can look at. Our recommendation is for us to meet twice a year (in June at the start of the tourist season and again in October or November at the end of the tourist season) to review any complaints or just act as a sounding board for the community. An annual joint meeting with the Council and Planning Commission would still be held if requested by the Council and any number of special committee meetings could be scheduled on an “as needed” basis as determined by either the Council or Staff. We request direction from the Council moving forward.
5. And lastly, we thank the Trinidad community, neighborhoods and residents for welcoming our daytime and city visitors and tourists.
01-25-2022 CCPCSTR Meeting Page 4
Questions from Council and Commissioners:
Richard Johnson – PC
Question regarding the cost of administering the STR program. What is included in the $3k + figure? City Manager Naffah explained that the cost reflects administrative staff plus City Planner and Building Official, confirming a total cost of just over $7k per year.
West – CC
Appreciate the hard work from everyone involved.
Stockness – PC/STR
Complimented Angela Zetter for doing an excellent job tracking costs.
2. Discussion/Presentation – Open Public Forum to Solicit Input from the Community, Council, and Commission on Issues or Successes related to the implementation of the Short-Term Rental Ordinance and Regulations.
Dwight Miller – Trinidad
Complimented the STR Committee and tone of Bruce’s report, and the industry members for running STR’s in a professional manner. They deserve the respect of the Council and the entire community. The Ordinance isn’t perfect, but it seems to be working. The Council should revise the ordinance per the Committee’s recommendations. Also important to note that the administrative costs were minimal. The TOT income is a significant portion of the City’s budget. Anyone wanting to restrict STR’s to only owner-occupied have a responsibility to suggest ways to fill the budget gap that would cause. Letters of concern from residents primarily reflect problems occurring prior to the ordinance. Those issues have disappeared. We now have a limit and strict controls on the business and the managers. The ordinance works.
Sherry Provolt – Trinidad
I would like to read the ordinance in detail.
Bryce Kenny – Trinidad
Submitted comments by email. STR numbers have been limited and resolve some fiscal problems, but they also impact the number of residents available to volunteer for public positions. Decreasing the number may help us keep the City run with more people to contribute.
Dick Bruce – STR
What’s the status of the lottery moratorium? Naffah explained that we’re waiting for the Coastal Commission to weigh in on the proposed ordinance changes. Planner Trever Parker noted that the Coastal Commission’s preliminary review was brief and favorable.
Adora King – Trinidad
I love this town. I appreciate all the Committee’s work. I’m bothered that the vacation rental business is profitable, but I hope the people that live here are listened to. Many houses are empty. My neighbors don’t live here. The houses are a mix of STR’s and second homes. Residents participating aren’t listened to. The Committee’s votes are one-sided.
Paula Levine – Trinidad Area
The town has changed over the decades. Businesses come and go. Does a person that owns a home in Trinidad have a right to use their property the way they want? There’s no perfect solution, but things seem to be working.
Written correspondence received, and included in the public comment record:
Maria Bartlett – Trinidad
Alan Grau – Trinidad
Kathleen Lake – Trinidad
Jacques BeauPre – Trinidad
Ladwig, CC: Shared a story of other tourist communities that developed policies to encourage full-time residency.
01-25-2022 CCPCSTR Meeting Page 5
Hakenen, PC: Consistent theme involving the complaint process. Closing the loop on the complaint process would be helpful. Notify the contact person and the City, so there is follow up. That may help.
Kelly, PC: Thanked the Committee and Planning Commission. Meeting less frequently seems reasonable.
Community outreach is needed to gain more participation. We haven’t received many complaints, but public comments written in advance of the meeting seems to indicate there are problems. We need to update our website with new software that encourages interaction. I’m sensitive to the economic and social benefits that vacation rentals create, but also the balancing and preserving quality of life for the full-time residents. I agree with Ladwig that there are other ways to solve these problems and I look forward to working on that.
Stockness, PC/STR: I get a lot of feedback from residents who report problems to the managers, they get resolved, but aren’t reported to the City. We need to clarify the property manager’s duty to follow through with the City.
Bruce, STR: It’s my recollection that the property manager is supposed to notify the City if they receive a complaint.
Johnson, PC: What does it mean when a complaint is filed? The expectation is that the manager handles it, but it’s a different thing if we expect that the complaint (minor or major) is filed.
Moran, STR: Complaints should go to the City, but there should be a distinction made between major and minor issues.
Hakenen, PC: Volunteer creating a complaint flow chart. Staff recognized that Commissioner Johnson created a flow chart in 2016, and will share it at the next discussion for consideration.
Kelly, PC: It’s my understanding that the revised Ordinance will now come before the City Council for review. It seems like a reasonable request to have the STR Committee meet twice per year, and request the complaint flow chart be discussed.
West, CC: For residents that feel threatened by submitting complaints, we need to encourage a safe environment to communicate with the City. I support keeping the annual meeting.
Stockness, PC: Put the STR Ordinance review at the top of your February meeting priority.
No decision was made. The City STR Ordinance will be on the February 08 meeting for Council review.
ADJOURNMENT: 7:50pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Staff Activity Report – January 2022
City Manager’s Staff Report
“Cal Cities” City Manager’s Meeting”
I attended the City Managers meeting this week in Monterey. On my drive from Oakland to the meeting , a burglar broke the window of my rental car and took my lap top along with other items. In addition, the business center at the hotel was shut down due to Covid. I was unable to prepare my normal staff report.
The updates below were prepared by Grants Administrator, Becky Price Hall.
City of Trinidad Stormwater Improvement Project Update:
As reported at the January meeting, based on recommendations by the Regional Water Quality Control Board, staff has been exploring options to add bioswales into the stormwater project area. Bioswales will provide water quality benefits as well as potential regulatory benefits to the City, but there are limited options for where they can be located. Underwood Drive provides the most feasible location to include bioswales in the existing project. Therefore, staff are proceeding to add bioswales into the project area at two places on Underwood and one location on Hector near the intersection with Underwood within the City’s existing right-of-way. Staff will prepare an addendum to the CEQA Mitigated Negative Declaration to clarify these additions. The bioswales will not substantially alter the impacts of the project nor require additional mitigation measures. Therefore, the CEQA addendum will not need to be re-circulated for public review or City approval. However, staff will report and provide the revised plans and addendum to the City Council at the March meeting.
Construction has been moving forward with the good weather. The contractor, GR Sundberg, has been focused on the stormwater improvements at the HSU Marine Lab and has started construction on Underwood Drive. It is anticipated that construction will continue on Underwood Dr. for the next two weeks. The contractor is trying to be considerate of neighbors and traffic and they do not plan to work during wet weather. Within approximately two weeks, the stormwater system upgrades at the Marine Lab will be tied into the City’s new stormwater treatment system located on Edwards Street. To facilitate this, road work will be necessary on Ewing, Edwards, and Galindo Streets. Intermittent one lane road closures should be expected in these areas during the month of February. Work at the Marin Lab is expected to take between 3 to 4 weeks to complete.
Materials for the project are on their way and are expected to start arriving next week. Materials will be staged on View St. behind Murphy’s Market. Construction Updates are usually provided every other Friday. Please let the City Clerk know if you would like to be added to this email list.
Department of Water Resources (DWR) Drought Relief Grant Applications A Small Community Drought Relief Grant application was submitted on 10/5/21 for $6,167,453 to reduce water loss due to leaky AC water lines and increase water storage. The project proposes to construct 1.5 miles of new water lines (Westhaven Dr & Edwards) and construct a 300,000 gallon water storage tank to replace a 150,000 gallon redwood water tank. The grant program anticipates announcing the next round of awards in February. The application reviewer said she did not find anything ineligible in Trinidad’s application.
A Multibenefit Drought Relief Grant application was submitted on 1/14/22 for 4 projects totaling $13,221,144 that will provide drought relief by reducing water loss, increasing water storage, constructing an emergency intertie and increasing efficiency and water conservation. 1) Water Storage Resiliency: construct a 300,000 gallon water storage tank to replace a 150,000 gallon redwood water tank;2) Water Main Reliability: Upgrade 3 miles of AC water lines that lack appropriate valving with valves and PVC water mains; 3) Water Demand Reduction: install a network of radio read smart meters; and 4) Construct an emergency intertie with Westhaven Community Services District. There has been no schedule published about when the awards can be anticipated.
Becky Price-Hall
Grant & Project Coordinator
City of Trinidad
P. O. Box 390
463 Trinity Street
Trinidad, CA 95570
(707) 499-6454
CONSENT AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Financial Statements – December 2021
CONSENT AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Law Enforcement Report – January 2022
CONSENT AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Approve Contract with Coleman Engineering to Provide Qualified and Certified Chief Water Treatment Plant Utility Operations for the City of Trinidad.
CONSENT AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. Approve Contract with Best, Best, Krieger for Supplemental Legal Advice in Connection to Issues Involving Local Native American Tribes
CONSENT AGENDA ITEM 6
SUPPORTING DOCUMENTATION ATTACHED
6. Resolution 2022-01; Revised Local Coastal Program (LCP) Planning Grant Funding Request
CONSENT AGENDA ITEM
February 8, 2022
---------------------------------------------------------------------------------------------------------------- Item: Revised Resolution for LCP Update Grant Application Background
At the December 14, 2021 meeting, the City Council approved Resolution No. 2021-15 authorizing submittal of a grant application for $150,000 to the Coastal Commission’s LCP Planning Grant program. The grant application is requesting funds for completion of all the outstanding portions of the LCP update with the goal of having a complete Land Use Plan (general plan), Implementation Plan (land use ordinances) and background reports ready to submit to the Coastal Commission. The grant period runs through the end of 2025.
Coastal Commission staff reviewing the application reached out to City staff on January 19, 2022 and we met on January 21, 2022. After clarifying the project, Coastal Commission staff expressed concern that the City had not requested enough money and encouraged us to submit a revised application and budget.
City staff had been conservative in the budget request in order to increase our chances of being awarded the grant. It was assumed that the City would need to fill in some funding gaps, especially for contingencies, out of the general fund. The revised grant budget will allow the City to dedicate additional staff resources to completing the LCP update and will ensure that funding the LCP update will not have to compete with other City priorities.
Attachments
• Resolution 2022-01 authorizing staff to submit a LCP Update grant application to the Coastal Commission for $200,000 (revised from $150,000).
Recommended Action:
Approve Resolution 2022-01.
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY OF TRINIDAD, CALIFORNIA, FOR SUBMITTING AN APPLICATION FOR FUNDING UNDER ROUND 7 OF THE LOCAL COASTAL PROGRAM PLANNING GRANT TO THE
CALFORNIA COASTAL COMMISSION
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and
WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and
WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, City of Trinidad has an effectively certified LCP; and WHEREAS, the City of Trinidad desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of a comprehensive amendment to the certified LCP (LUP and IP), including for the Trinidad Harbor Area of Deferred Certification; and WHEREAS, the City of Trinidad commits to and agrees to fully support a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Trinidad hereby:
1. Directs City of Trinidad staff to submit the grant application package attached hereto as Attachment 1 to the California Coastal Commission to provide financial and planning assistance, under authority of the CA Coastal Act, in the amount of $200,000 to fund the project more particularly described in the grant application package.
2. Authorizes the City Manager of the City of Trinidad to execute, in the name of the City of Trinidad all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.
PASSED AND ADOPTED by the City Council of the City of Trinidad, on this 8th day of February, 2022 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
_________________________ _________________________
Gabriel Adams, City Clerk Steve Ladwig, Mayor
CONSENT AGENDA ITEM 7
SUPPORTING DOCUMENTATION ATTACHED
7. Resolution 2022-02; Caltrans Funding Agreement
AGENDA ITEM
Date: February 8, 2022 ________________________________________________________________________ Caltrans Funding
Humboldt County Association of Governments (HCAOG) received $649,621 in “Coronavirus Response and Relief Supplemental Appropriations Act of 2021” (CRRSAA) funding. Trinidad’s share of this funding is $897.00, which can be used for routine maintenance and rehabilitation projects. To minimize the paperwork involved for such a small award, staff requested the funding for purchase of road paint and thermal marking materials.
To receive funding from Caltrans, a resolution is required authorizing execution of funding documents. The attached Caltrans Funding Resolution authorizes the City Manager or Mayor to sign on the City of Trinidad’s behalf to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto with California Department of Transportation.
Staff Recommendation:
Pass Resolution 2022-02 to authorize the City Manager to execute Caltrans funding documents for the CRRSAA funds or other allocations and awards that do not require match funding.
Alternative to staff resolution:
• Adopt a Resolution specifically for the CRRSAA funding. If the Council desires to pass a resolution for each project funded by Caltrans, the Resolution 2022-xx could be revised as follows:
Revise the title: A RESOLUTION OF THE TRINIDAD CITY COUNCIL AUTHORIZING
THE CITY MANAGER OR THE MAYOR TO SIGN FUNDING AGREEMENTS FOR THE
CRRSAA PROJECT FUNDED BY CALTRANS
Revise the first whereas: Whereas the City of Trinidad is eligible to receive $897 in Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding for road maintenance and rehabilitation; and
Attachments:
• Draft Resolution 2022-02
City of Trinidad Resolution 2019-xx Page 1 of 1
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION 2022-02
A RESOLUTION OF THE TRINIDAD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR THE
MAYOR TO SIGN FUNDING AGREEMENTS FOR PROJECTS FUNDED BY CALTRANS
WHEREAS, the City of Trinidad is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed.
NOW, THEREFORE BE IT RESOLVED, that for Caltrans projects that do not require local match funds, the City of Trinidad hereby authorizes the City Manager or Mayor to sign on the City of Trinidad’s behalf to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto with California Department of Transportation.
PASSED AND ADOPTED BY THE TRINIDAD CITY COUNCIL of Humboldt County of the State of California this 8th day February 2022.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the Trinidad City Council by the following vote:
PASSED, APPROVED AND ADOPTED this 8th day February 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
___________________________ ________________________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
DISCUSSION AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Resolution 2022-03; Recognizing the Public Service of Tom Davies City of Trinidad Resolution 2022-03 Page 1 of 1
TRINIDAD CITY HALL Gabriel Adams, City Clerk
P.O. Box 390 Steve Ladwig, Mayor
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
RESOLUTION 2022-03
ACKNOWLEDGING THE PUBLIC SERVICE OF TOM DAVIES
WHEREAS, Tom Davies has served as a Trinidad City Council member from 2011 through 2014; and again from January 2019 through December 2021.
WHEREAS, Davies served as the City of Trinidad’s Trails Advisory Committee Chairperson, keeping the Council and community engaged in policies and priorities involving one of the City’s biggest recreational assets; and
WHEREAS, Davies attended countless meetings, budget brainstorms, challenging closed sessions, and participated thoughtfully, well-studied, with careful consideration, always adding balance; and WHEREAS, Davies was a champion for open government, kept a close eye on process and fairness, and spoke his mind honestly and respectfully; and
WHEREAS, Davies shared a common vision that has and continues to attract residents and visitors alike to Trinidad for - preserving the community design and character that makes this coastal town unique; and
NOW, THEREFORE IT BE RESOLVED, THAT the City Council of Trinidad congratulates and thanks Tom Davies for his years of whole-hearted and dedicated service to the citizens of Trinidad and to the future well-being of the community.
PASSED UNANIMOUSLY AND ADOPTED BY THE TRINIDAD CITY COUNCIL of Humboldt County of the State of California this 08th day of February, 2022.
Attest:
____________________ ____________________
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
DISCUSSION AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Discussion/Decision regarding Proposed Trinidad Head Trail Sign.
Trinidad Head Sign
Summary –
Subsequent to the last time the City Council addressed the Trinidad Head Sign, we received input from the Trinidad Rancheria, the Tsurai Ancestorial Society and the Yurok Tribe. • The Trinidad Rancheria suggested two further changes to the proposed sign.
1. Change the Tsurai Trail to Tsurewa Trail to reference the Yurok name for Trinidad Head.
2. Change references from Tsurai People to Yurok People. • I met with representatives of the Tsurai Ancestorial Society and the Yurok Tribe to go over suggested changes to the sign by the Trinidad Rancheria.
1. The representatives felt that the name of the trail should be Tsurai Trail since historically that was the name used for the trail. Therefore, it can be referred to as Tsurai Trail, as well as Tsurai Trail on Tsurewa.
2. Prior references to Tsurai People have been changed to Yurok People as well as People of the Tsurai Village.
3. Additionally, the following statement appears at the bottom of the sign:
“Tsurai is a unique Yurok Village because the people here speak the most linguistically divergent Yurok dialect.”
Attachment – Attached is the version of the sign that incorporates suggested changes after input by the Trinidad Rancheria, the Tsurai Ancestorial Society, and the Yurok Tribe.
Recommendation – Staff suggests that the City Council discuss and approve the sign to replace the existing worn sign.
DISCUSSION AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Continued Discussion/Decision regarding Short-Term Rental Ordinance Revisions.
DISCUSSION AGENDA ITEM
February 8, 2022
---------------------------------------------------------------------------------------------------------------- Item: STR Ordinance Revision
Update
Because the City Council did not spend much time discussing the ordinance at the November meeting and some of the attachments were missing, I am providing the same introductory material. Outside of this update section, the following information is the same as was provided in the November report. The primary reason the City Council held off its discussion on the STR ordinance amendment was to get comments from Coastal Commission staff.
The Coastal Commission is short staffed right now, so they did not have time for a detailed review. However, I was able to get the new District Manager, who was the staff person to process the ordinance in 2016, to give it a quick review. Her main comment was that it “all looks very minor.” She stated that the amendment, as currently written, will likely qualify as a minor LCP amendment. Her only suggestion was that we don’t use the acronym LCP for Local Contact Person, since that is more commonly used for Local Coastal Program. She did have a few questions about current STR numbers.
At the November meeting, Councilmember Davies pointed out that there were some discrepancies between the amended ordinance and the adopted ordinance. So, I went through them line-by-line and found four phrases that were missing from my amended version compared to the final adopted ordinance. I am not sure how I ended up with a document that was slightly different, but I’m glad Councilmember Davies caught that.
The amended version of the ordinance I have provided for this meeting has the missing phrases, but not in track changes, since they were part of the adopted ordinance.
Based on the discussion at the recent CC/PC/STR Committee meeting, I have an additional suggestion for consideration. The “Resident” and “Homeshare” STRs have fairly strict limitations that could potentially be relaxed. This might encourage more of those types of STR’s, which are preferrable to some residents. As mentioned at the CC/PC/STR Committee meeting, there are currently no licenses for either of those types of STRs, but if the City did have some, it could help justify reducing the number of full-time STRs in the future.
Resident STRs are for people who live most of the year in Trinidad but rent out their home for part of the year when they are not there. The ordinance currently limits that to less than 60 days. Homeshare STRs are for those who are renting out a bedroom in their home while they are living there. The ordinance currently limits them to only one bedroom and the homeowner must be onsite between 10PM and 7AM.
Introduction
Earlier this year, the City Council requested that the Planning Commission expedite their review of the STR ordinance. Section 17.56.190.S calls for the ordinance to be reviewed by the Planning Commission within two years of its certification, and periodically thereafter, to ensure it is meeting the needs of the community. The ordinance was certified by the Coastal Commission in June 2017, so the review is overdue. Staff did not prioritize the review, because the ordinance seems to be working well overall. In addition, the City Council created the STR Advisory Committee in April 2019, one of the purposes of which is “to evaluate the Ordinance for its effectiveness relating to permitting and implementation;” and one of the objectives is to “make balanced and informed recommendations to the City Council on ways to improve the Ordinance...” The STR Committee has made annual reports to the City Council in 2019 and 2020, and no substantial changes to the ordinance were recommended. The 2019 and 2020 STR Committee reports are attached.
Background
For those who were not involved in the development of the first ordinances, or if you need a refresher, the following provides a little history on the development of the regulations.
The City first started discussing VDUs (vacation dwelling units, as they were known then) in 2005. At first, it was determined that they were not a problem, but the numbers continued to increase over the next few years. The City then formed a VDU Committee in December 2009, which proceeded to draft some regulations for VDUs that were passed along to the City Council in June 2010 and then to the City Attorney to draft an ordinance. It came to the Planning Commission in early 2011. The Planning Commission worked on the regulations for about a year, and the first ordinance was approved by the Council in January 2012 (Ordinance 2012-01).
Staff then prepared an LCP amendment and submitted it to the Coastal Commission. In all, the City spent more than 1.5 years (May 2012 through the end of 2013) working with Coastal Commission staff to amend the ordinance to their satisfaction. Note that the Coastal Commission is generally supportive of STRs, particularly in a place like Trinidad, which lacks most other types of visitor-serving overnight accommodations.
The revised ordinance was brought back to the Council in February 2014 and discussed at several additional meetings before being approved in October 2014 (Ordinance 2014- 01). It was then certified by the Coastal Commission in March 2015.
In June 2015, the Council passed a moratorium on new VDUs and formed another VDU Committee to consider instituting a cap on the number of VDUs in the City. That VDU Committee provided their recommendations to the Council in September 2015, and then it went to the Planning Commission starting in November 2015. A revised ordinance was adopted in October 2016 (Ordinance 2016-03) and approved by the Coastal Commission in June 2017, just before the moratorium ran out.
Although the current ordinance was adopted in a year and a half, it was a very intense time, sometimes with weekly meetings. (This was due to a legal time limit on the length of the moratorium.) In that time, the City held more than 30 public hearings on the ordinance. The file contains more than 100 pages of just excepts from meeting minutes, and there are 100’s of pages of correspondence received by the City during the process as well as 100’s of pages of staff reports, agenda memos and background material.
Ordinance Review
A lot of work and thought and public participation went into the existing ordinance.
And STRs do provide an important visitor service, (and Coastal Act priority use) and provide substantial revenue to the City. I want to try to avoid unnecessarily retreading a lot of the same issues that have already been discussed at length. I suggest that any cap reduction or new caps should be justified in some way. Arbitrarily setting lower caps is likely going to result in a request from the Coastal Commission for analysis to justify that those numbers are reasonable. Because the current ordinance and caps seem to be working fairly well for most people, and because the City has several other projects and priorities, I would suggest making only minor modifications that will not take too much staff time to get through the Coastal Commission. The Planning Commission concurred with this advice
The Planning Commission review primarily focused on recommendations of the STR Committee, some of which can be implemented administratively. Enforcement has been a major topic at STR Committee meetings, so that issue was given consideration. And due to the discussion of a possible moratorium, it was assumed that the City Council wanted the Planning Commission to reconsider the existing caps and/or consider caps in other zones or City-wide. Finally, a number of other suggestions and issues that have come up at previous meetings were also discussed. The ordinance will continue to be evaluated, reviewed and revised as needed in the future.
STR Committee Recommendations (2019 & 2020)
Many of the recommendations made by the STR Committee so far can be or have been implemented administratively. Things like adding language to the Good Neighbor Brochure fall into this category. Section 17.56.190.Q allows the City Manager to establish administrative rules to help implement the ordinance. The enforcement process can potentially be refined and improved in this way. Fine amounts could also be set administratively, or by resolution of the Council, but who pays the fine and collects the fine may need more clarity.
Some of the STR Committee recommendations had to do with definitions. I don’t believe definitions are necessary for the various zones (e.g. UR and SR), since this ordinance is a part of the zoning ordinance, however, they were spelled out for clarity.
There was general agreement to include a definition of what has become known as the “meet and greet” outlined in § 17.56.190.M.1. STR managers have stated that it is a difficult to requirement to meet, but it has been supported almost universally by the public. The definition suggested by the STR Committee seems reasonable. The STR Committee met again on June 22 to specifically review the ordinance. They did not have any additional specific recommendations at this time, but noted they are short one public member.
Caps and STR Numbers
An updated 2021 license map has been provided that also includes the current zoning designations for reference.
At this time, there are 15 STRs in the UR zone with a cap in the ordinance of 19 and a waitlist of 6 people (and 7 properties) who want STR licenses, the first request having been submitted in December 2017. There are five STRs in the SR zone, with a cap in the ordinance of 6 and no waitlist. There are four STRs in the PD zone, with no cap in the ordinance; an application has been submitted for a 5th STR in the PD zone. There are three STRs in the C zone, also with no cap in the ordinance. There is an additional allowance for up to 6 “Resident STRs” in the UR zone with no cap in other zones, but there are currently no Resident STR licenses in the City. No cap on the number of STRs was included for zones other than UR and SR, because the intent was to shift some STRs out of residential zones and into zones such as PD, which allows commercial and a mix of other uses.
The vacancies under the UR cap did not occur until this year, and the City Manager was requested to delay holding a lottery for the licenses pending amendment of the ordinance. The City has never held a lottery under the existing ordinance (§17.56.190.E.6).
Under the first (VDU) ordinance, there were as many as 43 VDU licenses, though only about 32 were active in any one quarter. The first round of permitting under the existing ordinance resulted in 31 licenses. There were 27 licenses this year, with several on the waitlist pending to fill vacancies left by numerous property sales this past year.
Until this year, the City has maintained between 30 and 32 active licenses, which equates to about 13.6% to 14.5% of the total number of housing units in the City (not counting RVs). Around 15% of the housing stock is a metric that has been used by some other communities for capping STRs, and it was used as a guideline in the development of the caps in the existing ordinance. The best current estimate of housing units in the City is 224 (not including RVs), fifteen percent of which is 33.6.
The existing cap of 19 in the UR zone represents 15.6% of the developed parcels (14.8% of all developable parcels), but some parcels have ADUs, so the percentage of housing units is less. The cap of 6 in the SR zone represents 16.7% of the developed parcels, but only 11.3% of the total number of parcels with SR zoning, some of which may not be developable. There are ADUs in the SR zone as well. When the ordinance was adopted, the cap of six STRs represented almost 20% of the developed parcels in the SR zone. But several properties have been developed since then, so the percentage has gone down.
The properties in the SR zone are more spread out, and so STRs tend to have fewer impacts on neighbors, so the higher percentage might be appropriate.
There is not much potential for additional STRs in the C zone, because residences are only allowed with a use permit, and they must be associated with a commercial use.
Therefore, there are not many residences in the C zone, nor is there much potential for more. Further, the general plan update has proposed rezoning several C parcels to PD to better match the existing mixed uses, including two properties that currently have STRs (Eatery and Beachcomber buildings). The City has also received an application to rezone a PR parcel to PD (and another application to rezone a different PR parcel to SR).
A cap in the PD zone was discussed by the Planning Commission. However, it was determined that a City-wide cap would be more appropriate than a cap specific to the PD zone. The Planning Commission recommended a City-wide cap of 32 STRs (14.3% of the existing housing units in the City). That number was based on the fact that, prior to COVID, the City has maintained 31-32 licenses under the existing ordinance with few issues. The Planning Commission also recommended reducing the cap in the UR zone by one, to 18 and increasing it in the SR zone from six to seven. Although most complaints about STRs have come from the densely developed UR zone, that is also where the highest demand for them is by far. And there are people that have been waiting several years for the opportunity for a license under the lottery. In addition, the City is drafting an ADU ordinance that should provide additional housing opportunities in the City. Therefore, further cap reductions in the UR zone were not recommended at this time.
If the City Council wants to consider cap reductions, I would suggest also considering adding an option to apply for a use permit for additional STRs above the cap. Then they could be considered on a case-by-case basis. It would also allow more STRs if and when the number of housing units increases. And it might help satisfy the Coastal Commission and limit the amount of justification and analysis required for cap decreases.
Complaints/Enforcement
The complaint process and enforcement have probably been the most discussed issue since the ordinance was adopted. The attached flowchart, which was prepared by Commissioner Johnson as part of the Planning Commission’s recommendation to the City Council on the ordinance, provides a summary of the process. The Planning Commission did recommend to the Council that a formal complaint process be developed and adopted, and the STR Committee made a similar recommendation (August 2019). Section 17.56.190.Q of the ordinance allows the City Manager to establish administrative rules to help implement the ordinance, which could include a more detailed complaint/enforcement process.
The City has not received many written complaints since the current ordinance was enacted, though there have been comments at meetings that the reason is because people don’t trust the process and/or don’t trust the City to follow through. The City did go through the violation process a few times shortly after the ordinance was adopted, including a determination of significant violations, but not everyone was satisfied with the outcome. The City keeps binders for the STR licenses and complaints.
A more formal or automated complaint process is a task the STR Committee could potentially work on.
Complaints by year:
2018 – 4 complaints
2019 – 3 complaints (one was procedural)
2020 – 1 complaint
2021 – 0 complaints so far
One of the reasons that the City may not be getting many complaints is because the property managers are adequately dealing with issues through the 24-hour Local Contact Person and the requirement to deal with calls within 30 minutes. However, those exchanges are supposed to be reported to the City (§ 17.56.190.R.6). One member of the public mentioned having a good response from the onsite manager of a large STR whenever there is an issue, though that is not the 24-hour contact person.
One of the primary issues at this point seems to be the imposition and collections of fines and who is responsible for both paying and collecting those fines. This has been a topic of discussion at numerous STR Committee meetings. In response, I added clarification to the violations subsection of the ordinance (R.2) that occupants will be fined if they are unresponsive to a complaint and that the property manager will be responsible for paying the fine to the City. The manager should be immediately aware that the City is going to institute a fine if the occupants don’t comply in resolving a complaint and can act accordingly to hold back some deposit or other alternative to collect the fines that works for them. The manager, in turn, could have an agreement that the owner would cover any fines not covered by an occupant’s deposit if they desire. I also separated complaints and significant violations for clarity and added clarification to R.6 that not reporting complaints, even if resolved, is a violation and to R.7 that failure to do so twice or more could be considered a significant violation.
Enforcement solution(s) may not fall just within the ordinance provisions. For example, it has been suggested that a more automated system for complaints would be helpful.
Most of the issues that have come up can be dealt with, at least on some level, through administrative actions that do not require an ordinance amendment. Some suggestions/ideas are included below.
• Investigate options for updating the City’s website to have a more interactive interface regarding STRs/complaints.
• Investigate the possibility of using 3rd party compliance services/software (e.g.
Granicus, Hamari STR).
• Add administrative rules to refine and clarify the complaint/enforcement process.
• Include more information on the complaint process (such as a flowchart) with the STR contact information that is sent to neighbors.
Other Issues and Suggestions
A few suggestions have been brought up by individuals at meetings (e.g. the joint STR/PC/CC meeting last December). I provided the minutes from that joint meeting, since it was well attended with thoughtful comments. The other suggestions for consideration in the ordinance update that I have noted include the following along with staff responses:
• Prohibit exceptions: The ordinance does not allow any new exceptions for STRs.
The original ordinance allowed parking exceptions for existing STRs, and the current ordinance allows those to continue under certain circumstances; see §
17.56.190.M.6. Records indicate that only one parking exception was originally granted, and that STR still exists. No other exceptions, including anything related to the OWTS, are allowed in the ordinance. The ordinance does allow modification of the location standards (one STR per parcel and no abutting STRs) with approval of a use permit by the Planning Commission. That process requires notification of neighbors and a public hearing. • Prohibit STRs in multi-family housing: Currently, §17.56.190.G limits STRs to one per parcel. A use permit may be obtained for additional STRs on the same parcel, so that would be considered on a case-by-case basis at a public hearing. No STRs in multi-family units have been proposed since adoption of the ordinance, so there doesn’t seem to be a need for such a prohibition. • Define bed-and-breakfast: This would be a good definition to include in the zoning ordinance when it is updated, but the STR ordinance does not regulate bed and breakfasts. Permitted bed and breakfasts are excluded from the definition of STRs. And, because it specifies that they must be permitted, I don’t think the lack of definition creates any ambiguity.
• Allow only Resident STRs: There are currently no licenses or applications for Resident STRs, though there may have been rentals in the past that qualified as such. There is apparently little to no demand for this type of STR, and such a limitation would effectively eliminate STRs in the City. It is doubtful whether the Coastal Commission would certify such a limitation.
• Expand the restriction on the number of STRs owned by one individual to other zones besides just UR and SR (see §17.56.190.H): The ordinance previously limited ownership of STRs in the UR and SR zones to one, with no limit in other zones.
The ordinance now limits the total number of licenses that can be held by one owner to two total (and only one in the UR and/or SR zones). • Expand the prohibition on adjacent STRs (see § 17.56.190.G). Previously, the ordinance prohibited new STRs in the UR zone that would abut another STR in the UR zone. That restriction has been expanded to prohibit abutting STRs regardless of zoning. A use permit may be obtained to allow abutting STRs on a case-by-case basis.
Housing Affordability and Population Issues
Although STRs, including Homeshare (hosted types), can impact housing affordability, it is a complex issue with factors that vary substantially from jurisdiction to jurisdiction.
People have also expressed concerns about the lack of residents due to STRs, particularly with the new census population data coming out, but that isn’t a simple issue either. Trinidad has historically had high housing costs and vacancy rates, long before STRs were a thing. This was a result of the idyllic setting and many seasonal homes. When we were developing the VDU/STR ordinances (and in the 2013 Housing Element update), I looked at trends in things like population, vacancy rates, housing prices, number of families, etc. in Trinidad between 1980 and 2000 prior to the rise in vacation rentals, and between 2000 and 2010 when vacation rentals expanded to their peak.
Housing prices and vacancy rates rose substantially between 1980 and 2000, and continued to rise between 2000 and 2010, but rents decreased during the later decade, possibly due to the housing crash. In addition, between 1980 and 2000, the population decreased, the average age of the population increased, household size decreased, and the number of children and families also decreased. However, those trends were all reversed between 2000 and 2010 while the number of STRs exploded. The table below presents some of the available data.
Year Population STRs TOT
1980 379 NA NA
1990 362 NA NA
2000 311 Unknown $7,500
FY 01/02 NA 7 $17,646
FY 04/05 NA 16 $30,865
2007 NA 23 $44,344
2010 (FY 09/10) 367 41 (32 active) $69,758
2020 (FY 19/20) 307 30 $100,069
The data in the table above is not even as straightforward as it may look. The number of active STRs (VDUs then) in the decade between 2000 and 2010 varied substantially yearto-year and even quarter-to-quarter. The TOT values include the Bed and Breakfast and Hidden Creek RV Park (Hidden Creek is now long-term tenants, so no longer pays TOT). And the 41 VDUs in 2010 is somewhat artificial. Because the City was developing new regulations, many people got licenses in order to be “grandfathered” in, but never used them; only 32 were active (paying TOT) that year. And obviously, the 2020 data could be somewhat skewed by COVID. The data doesn’t really prove anything but indicates that population, housing characteristics, and market factors are much more complex than to be affected by just a single factor such as STRs.
Attachments
• Amended STR Ordinance (16 pages)
• STR Committee Reports (5 pages)
• 2021 STR Map w Zoning (1 page)
• Complaint process flowchart (1 page)
• Minutes from STR/PC/CC meeting (6 pages)
Recommended Action:
Discuss the STR ordinance and Planning Commission recommended amendments.
Provide direction to staff for additional amendments and/or to prepare an amended ordinance for first reading at the next meeting.
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Section 17.56.190 (6.26) Regulations for Short Term Rentals Sections:
17.56.190 (6.26).A Short Title
17.56.190 (6.26).B Findings
17.56.190 (6.26).C Purpose
17.56.190 (6.26).D Definitions
17.56.190 (6.26).E Application Requirements
17.56.190 (6.26).F Maximum Number of Short Term Rentals
17.56.190 (6.26).G Location
17.56.190 (6.26).H One STR License Per Owner
17.56.190 (6.26).I Effect on Existing STRs
17.56.190 (6.26).J License Transferability
17.56.190 (6.26).K Homeshare STR Licenses
17.56.190 (6.26).L Resident STR Licenses
17.56.190 (6.26).M STR Standards
17.56.190 (6.26).N Tourist Occupancy Tax
17.56.190 (6.26).O Audit
17.56.190 (6.26).P Dispute Resolution
17.56.190 (6.26).Q Administrative Standards and Rules
17.56.190 (6.26).R Violations
17.56.190 (6.26).S Ordinance Review
17.56.190 (6.26).T Severability
17.56.190 (6.26).A Short Title.
This Section shall be known and may be cited as “City of Trinidad Short Term Rental Ordinance.”
17.56.190 (6.26).B Findings
The City Council finds that adoption of a comprehensive code to regulate issuance of and standards for Short Term Rental Licenses is necessary to protect the public health, safety and welfare and to strike a proper balance between City residents’ concerns and the rights of property owners, STR owners and operators as well as visitors to the City.
The City Council finds the regulation of short-term rental uses through this Ordinance, including its nontransferability provisions, to be a valid exercise of the city’s police power in furtherance of the legitimate governmental interests documented in this chapter.
17.56.190 (6.26).C Purpose.
The purpose of this Section is to establish a permitting process, together with appropriate standards that regulate short-term rental of dwellings in the City in order to: minimize negative secondary effects of Short Term Rentals (STRs) on surrounding residential neighborhoods; preserve the character of neighborhoods in which any such p. 2 of 16
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use occurs; ensure that STRs are compatible with surrounding residential and other uses and will not act to harm or alter the neighborhoods within which they are located; minimize impacts to coastal resources; provide for visitor services in accordance with the Coastal Act; and ensure STRs are consistent with all other provisions of the General Plan and Zoning Ordinance. This section addresses traffic, noise and density; ensures health, safety and welfare of neighborhoods as well as of renters and guests patronizing short-term rentals; and imposes limits on the number of licenses issued to ensure longterm availability of the affordable housing stock and to ensure Trinidad has enough residents to maintain a viable community. This chapter section also sets regulations to ensure enforcement of these standards, and collection and payment of fees and transient occupancy taxes.
17.56.190 (6.26).D Definitions.
1. City Manager
“City Manager” means the City Manager of the City of Trinidad or their designee.
2. Dwelling.
“Dwelling” means a single family dwelling, including associated accessory structures, or a dwelling unit within a duplex or multi-family dwelling, not to include mobile homes in a mobile home park.
3. Event.
"Event" means any use of a structure or land for a limited period of time. “Event” includes, but is not limited to, art shows, religious revivals, tent camps, concerts, fundraisers, and weddings or receptions. ”Event” does not include small parties and social gatherings, of no more than the maximum allowed occupancy, consistent with normal residential use.
4. Existing STR.
“Existing STR” means an STR that had a valid STR license as of the effective date of this ordinance.
5. Full-time STR
“Full-time STR” means any STR that is not a Homeshare STR or Resident STR.
6. Good Neighbor Contract & Good Neighbor Brochure.
"Good Neighbor Contract" means a document, specific to each STR, prepared by the City and approved by the City Manager that summarizes general rules of conduct, consideration, respect, and potential remedial actions. In particular, the contract shall include provisions for maximum occupancy and visitors, off-street parking, noise standards, and penalties for violations. The “Good Neighbor Brochure” is a brief summary of the Good Neighbor Contract, in a form approved by the City Manager, which may include additional information and suggestions for Occupants p. 3 of 16
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for minimizing disturbance to neighbors and environmentally sensitive habitat areas. The Good Neighbor Brochure shall be posted or placed in a prominent location inside each STR.
7. Homeshare STR
“Homeshare STR” means a Short Term Rental whereby a homeowner rents out no more than one bedroom in their primary residence and is present on site between the hours of 10PM to 7AM while rented as an STR.
8. Meet and Greet
“Meet and Greet” means an in-person, on-site meeting at the STR between the Property Manager and the Responsible Person on the day of arrival, or no later than 12:00 p.m. on the morning after a late night arrival, at which time the parties will sign, date, and time stamp the Good Neighbor Contract to indicate it has been reviewed and the Responsible Person has not misrepresented their group during the reservation process.
98. Occupant.
“Occupant” within this Section means a person, not a host, owner, guest or tenant, renting or occupying an STR in accordance with this section and staying overnight therein. As used in this Section, “occupant” does not include up to two children aged 12 or under.
109. Primary Residence
“Primary Residence” means the dwelling owned and occupied as the owner’s principle place of residence, where the homeowner lives more than 50% of the year.
A person can only have one primary residence at any time.
11. Property Manager
“Property Manager” or STR Manager means the designee(s) responsible for managing an STR, including authorizing rental contracts. The Property Manager may be the owner and/or the Local Contact Person.
120. Resident STR
“Resident STR” means a Short Term Rental that is operated less than 60 nights per year and which is the owner’s primary residence, but the owner does not have to be in residence while the dwelling is rented as an STR.
131. Responsible Person.
“Responsible Person” Means the occupant of an STR who is at least twenty-five (25) years of age, who signs the Good Neighbor Contract and who shall be legally responsible for compliance of all occupants of the STR and / or visitors with all provisions of this Section.
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142. Short Term Rental (STR)
“Short Term Rental” (STR) means a rental of any dwelling, in whole or in part, within the City of Trinidad, to any person(s) for transient use, other than (1) a permitted bed and breakfast, (2) ongoing month-to-month tenancy granted to the same renter for the same dwelling, (3) one less-than-30-day rental per year, or (4) a house exchange for which there is no payment.
153. STR Watch List
“STR Watch List” means a list of one or more Short Term Rentals that the City Manager has identified on the basis of good cause, including one or more significant violations, as STRs that warrant a higher level of oversight, scrutiny, review, or monitoring.
164. Transient Use.
“Transient use” means any contractual use of a structure or portion thereof for residential, dwelling or sleeping purposes, for any period of time which is less than 30 consecutive days.
176. Visitor.
“Visitor” means someone staying temporarily at an STR, such as guests of occupants, who is not an ’occupant’ and not staying at the STR overnight.
17.56.190 (6.26).E Application Requirements.
1. Initial Application.
a. Each STR must procure an STR License. No additional business license is required for an STR. The STR License shall identify the existence of a STR at a particular address and declare the type of STR, number of bedrooms rented in the STR and its intended maximum occupancy.
b. A site plan and floor plan must be submitted along with the STR License application so the City can verify the number of bedrooms, off-street parking spaces, and other requirements. The site plan and floor plan do not have to be professionally prepared, but must be to scale and include enough information to verify compliance. A sample rental agreement that includes the Good Neighbor Contract and any other forms as required by the City Manager shall also be provided. Applicants for a Homeshare or Resident STR License shall provide documentation that the property is owner’s Primary Residence. c. At the time of application for a new STR, the dwelling shall be subject to inspection by the Building Inspector. The purpose of the inspection is to determine the conformance of the dwelling with applicable City regulations.
Prior to the issuance of the STR license, the owner of the dwelling shall make all necessary alterations to the dwelling as required by the Building Inspector to p. 5 of 16
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conform with applicable codes. This does not mean that the dwelling has to be brought into conformance with current building codes unless, in the opinion of the Building Inspector, the work is necessary to protect public health and safety. d. Each application for an STR License shall be accompanied with proof of a general liability insurance in the amount of one million dollars combined single limit. In addition, the applicant shall sign an acknowledgement that they will operate the STR in accordance with all applicable rules and regulations, including this section, and that they can be held responsible for the behavior of their occupants and visitors in accordance with this Section.
e. The City will notify all property owners within 300 feet of an STR property of the STR License within 10 working days of its issuance or re-issuance. This notice shall be combined with the distribution of contact information required in subsection 2.c below. STR License information, including, but not limited to, license number, address, maximum occupancy, Local Contact Person, and 24- hour Contact Phone Number, will also be posted on the City’s website. f. Upon initial application for an STR License, the City shall provide all STR licensees with copies of informational materials identifying protective measures for preventing and minimizing impacts to environmentally sensitive habitat areas, water resources, and septic systems from the short term rental use of the residence. Such protective measures include, but are not limited to: (1) avoiding human encroachment into environmentally sensitive habitat areas; (2) directing or screening exterior lighting from illuminating riparian corridor areas; and (3) best management practices for the proper handling and disposal of trash and chlorinated water from hot tubs, swimming pools, and other spa facilities.
2. Contact Information.
a. Local Contact Person (LCP).
Each STR must designate a Local Contact Person on the STR License form. That person may be the owner or the pProperty mManager. The LCP may designate a temporary LCP for a specific rental night(s); that designation must be reported to the City at least 24 hours before the rental date. The LCP, or their temporary designee, must live within 20 miles of Trinidad and be able to respond personally to an STR concern within 30 minutes.
b. 24-Hour Contact Phone Number.
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A 24-hour Contact Phone Number is required for each STR. The 24-hour Contact Phone Number shall be prominently placed for the occupants’ use inside the STR. Any change to the 24-hour Contact Phone Number shall be promptly posted within the STR and provided to the Trinidad City Clerk at least 15 days prior to any change. A temporary LCP designee shall use the same Contact Phone Number as the LCP.
c. Distribution of Contact Information
The name of the LCP and 24-hour Contact Phone Number will be forwarded by the City Clerk to the Trinidad Police Department, the County Sheriff’s Office, the Trinidad Volunteer Fire Department, and to each neighbor within 300 feet of the STR, and posted on the City’s website within 10 business days after the issuance or reissuance of an STR License for the STR.
The contact information sent to neighbors may include further instructions in the case that a response from the LCP is not forthcoming. If there is an emergency or complaint, and the LCP does not respond within a reasonable period of time, concerned persons will be encouraged to report an emergency through the 911 emergency calling system or the Police or Sheriff’s Department for other complaints. It is unlawful to make a false report or complaint regarding activities associated with an STR.
3. STR License Renewals.
STR licenses shall be renewed annually. Renewals must be submitted by February 1.
New STRs that received a license after October 1 do not need to renew their license until the February after the license has been in place for a year. Any changes to the site plan, floor plan, allowable occupancy, or rental agreement shall be submitted along with the license renewal application. Existing STRs that have not had an initial inspection as required by §17.56.190.E.1.c will be subject to such an inspection.
Although the renewal process includes a staff review of City records and other pertinent information specific to complaints, if any, that have been received about the particular STR, it is the intention of the City of Trinidad that there is a presumption that an application for renewal of a STR License for an existing STR will be approved as long as all applicable standards are still met unless or until such time as the permit is revoked pursuant to §17.56.190.R.4 (6.26.R.4, Revocation) or
17.56.190.M14 (6.26.M.14, Minimum Activity) or until the STR license expires pursuant to 17.56.190.J (6.26.J, License Transferability) or if it is voluntarily withdrawn.
4. Appeals
Appeals of staff determinations or decisions in accordance with this section shall be appealable per section 17.72.100 (7.14) except that STR License decisions are not appealable to the Coastal Commission because they do not constitute a Coastal p. 7 of 16
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Development Permit. Notwithstanding section 17.72.100.D (7.14.D), fees for appeals of STR License decisions shall be set by resolution of the City Council.
5. Fees
Fees for initial applications and renewals for each type of STR shall be set by resolution of the City Council.
6. Application Wait List & Lottery
It is the City’s intention to maintain no more than 189 Full-time STR Licenses and 6 Resident STR Licenses in the Urban Residential (UR) Zone, and 76 Full-time STR Licenses in the Suburban Residential (SR) Zone and no more than a total of 32 Fulltime STR Licenses City-wide. When an STR license becomes available within one of those limits, the City will hold a lottery to allocate that STR License. The City will maintain a waiting list, for each type of STR License by zone as needed, of property owners who are interested in obtaining an STR License for their dwelling. A property owner may place his or her name on the waiting list at any time, but only once per property. The City will randomly draw a name from the waiting list for the appropriate type of license and zone. If the property meets the applicable location standards (§17.56.190.G (6.26.G)), that owner will have 45 days to submit a complete STR License application, along with any other associated license or permit applications (Use Permit, OWTS Operating Permit, etc.) that may be required. If the property owner does not obtain an STR License within 90 days, or if the property does not meet the applicable location standards, the City will draw another name from the waiting list for that zone and STR type.
17.56.190 (6.26).FE Maximum Number of Short Term Rentals In order to preserve community character and an appropriate balance of residential, commercial and visitor-serving uses, no new Full-time STR licenses shall be issued by the City if the total number of Full-time STR Licenses would exceed 189 in the UR Zone and or 76 in the SR Zone, with no limit in other zones, except that no more than a total of 32 Full-time STRs shall be allowed within City limits at any one time. An additional 6 Resident STR Licenses shall be allowed in the UR Zone, with no limit in other zones.
Additional Resident STR Licenses may be granted in the UR Zone with approval by the Planning Commission pursuant to the Conditional Use Permit findings and procedures of Chapter 17.72 (Sections 7.06 - 7.18) of the Zoning Ordinance.
17.56.190 (6.26).G Location.
STR’s are permitted only in legally established dwelling units within any zoning district. Each separate STR must obtain its own, individual STR License. There shall be no more than one STR per parcel.
No new STR within the UR zone shall be located where it shares a property boundary with a property containing another STR within the UR zone. p. 8 of 16
DRAFT STR Ordinance Amendment July September 2021
Either of these location standards may be modified through an exception approved by the Planning Commission pursuant to the Conditional Use Permit findings and procedures of Chapter 17.72 (Sections 7.06 7.18) of the Zoning Ordinance. Such an exception shall only be valid as long as the associated STR license is maintained.
17.56.190 (6.26).H One Number of STR Licenses Per Owner No new STR license shall be issued for a property in the UR or SR Zones if the owner already holds another STR license in the UR or SR Zones unless there are fewer than the maximum number allowed pursuant to §17.56.190.F (6.26.F) and no other names on the wait lists. No more than a total of two Full-time STR licenses may be held by one property owner, regardless of the zone. Theseis limitations shall not apply to renewals of existing STR licenses.
17.56.190 (6.26).I Effect on Existing Vacation Dwelling Units.
Existing STRs, in excess of the number allowed in §17.56.190.F, or that do not meet the location requirements of §17.56.190.G (6.26.G), shall be allowed to continue to operate under an STR license as long as the permit is renewed in accordance with §17.56.190.E.3 (6.26.E.3) unless or until such time as the permit is revoked pursuant to §17.56.190.R.4 (6.26.R.4, Violations) or 17.56.190.M.14 (6.26.M.14, Minimum Activity) or until the STR license expires pursuant to 17.56.190.J (6.26.J, License Transferability).
17.56.190 (6.26). J. License Transferability
An STR License is issued to a property owner for a single location. The STR License shall be revoked when the permit holder sells or transfers the real property which was rented pursuant to the STR License except as provided below. For purposes of this section, “sale or transfer” means any change of ownership during the lifetime of the license holder or after the death of the permit holder whether there is consideration or not except a change in ownership where title is held in survivorship with a spouse, or transfers on the owner’s death to a trust which benefits only a spouse for the spouse’s lifetime, or lifetime transfers between spouses. If the owner is a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, then “sale or transfer” shall mean a change in 50% or more of the shareholders or members or partners or beneficiaries. A license holder may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to permit revocation pursuant to this section so long as the transferor lives and remains the only owner of the entity. Upon the transferor’s death or the sale or transfer of his or her interest in the entity to another person, the transient rental permit held by the transferor shall be revoked.
17.56.190 (6.26).K Homeshare STR Licenses
Homeshare STR Licenses allow owners, in their Primary Residence, to rent up to one bedroom as an STR, and the owners must be present at night as host during STR use. p. 9 of 16
DRAFT STR Ordinance Amendment July September 2021
Homeshare STRs are subject to all the provisions of this ordinance (section) except the following:
17.56.190 (6.26).F Maximum Number of Short Term Rentals
17.56.190 (6.26).G Location
17.56.190 (6.26).H One STR License Per Owner
17.56.190 (6.26).M.14 Minimum Activity
17.56.190 (6.26).L Resident STR Licenses
Resident STR Licenses only allow STR use up to 59 nights per year. Resident STRs are subject to all the provisions of this ordinance (section) except the following:
17.56.190 (6.26).M.14 Minimum Activity
17.56.190 (6.26).M STR Standards
All STRs will be required to meet the following standards:
1. Transmittal of Rules and Good Neighbor Contract
Prior to rental of an STR, the Responsible Person shall be provided with a Good Neighbor Contract, consisting of a list of rules and responsibilities, in a form approved by the City Manager. The Responsible Person shall initial each rule indicating that they have read it and sign an acknowledgement that infractions will not be tolerated and if any rules are broken, occupants can be fined by the City, lose their security deposit and / or be evicted. In addition, the Property Manager STR owner or manager, or designated LCP, shall meet conduct a Meet and Greet at least one occupant on the day of their arrival in order to ensure that the rules are understood, and that the occupants have represented themselves correctly. A Good Neighbor Brochure, summarizing the Good Neighbor Contract shall be placed or posted in a clearly visible location within the STR.
2. Noise.
Occupants of STR properties and visitors shall not generate noise such that it would unreasonably interfere with the quiet use and enjoyment of any other residence or business in the area. Any noise occurring after 10:00 pm and before 7:00 am should be contained within the STR and shall not be able to be heard by or offend any adjacent neighbors. What is reasonable in terms of noise generated shall be determined under existing legal standards applicable to evaluating alleged nuisances, including any City noise standards or ordinances.
3. Number of Occupants.
The maximum number of occupants allowed in an STR shall not exceed two persons per bedroom plus two people (e.g., a two-bedroom STR may have six occupants), less any residents, tenants, hosts or caretakers living onsite while it is rented. Except that in the UR Zone, on lots less than 10,000 sq. ft. in area, the maximum occupancy is two people per bedroom (e.g. a two bedroom STR in the UR zone may have four occupants). In the SR Zone, if the STR has a total floor area that exceeds 800 square p. 10 of 16
DRAFT STR Ordinance Amendment July September 2021
feet per bedroom, then for each additional 500 square feet of floor area above this total, one additional occupant may be allowed, up to a maximum of two additional occupants. Where it can be determined based on the Humboldt County Division of Environmental Health permit or file information or an actual inspection of the system, the number of bedrooms will be based on the design capacity of the septic system.
4. Visitors.
The number of visitors to an STR shall be limited to not more than the allowable occupancy of the STR at any time. For example, if the maximum occupancy is 6, then no more than 6 visitors are allowed. Visitors are not allowed in the STR between 11 p.m. and 7 a.m. and shall not stay overnight on the premises. Regardless of the allowable occupancy, there shall be no more than 20 combined occupants and visitors on the premises at any time.
5. Guest Registry
The STR owner or mManager shall maintain an occupant and vehicle register for each tenancy of the STR. The register shall include the names, and vehicle license plate numbers for all occupants as well as the dates of the rental period. The guest registry must be available for City inspection upon request.
6. Off-Street Parking.
An STR must provide at least one off-street parking space for every two occupants allowed in the STR pursuant to Section 17.56.190 (6.26).M.3. The off-street parking space(s) shall be entirely on the STR property. STRs owners/managers shall not use public right-of-way (street) spaces to meet their required off-street parking needs.
Off-street parking spaces will not be located on the septic system unless it is designed and rated for traffic in a manner that will not compromise the functioning of the septic system. STRs that were previously granted a parking exception by the City may continue to operate under that exception as long as they maintain their STR license in good standing. Occupants will be required to utilize onsite parking prior to utilizing offsite and on-street parking as part of the rental contract but are not allowed to park onsite in undesignated parking spaces. Occupants and visitors shall be encouraged to not take up all of the available street parking of adjacent and nearby properties.
7. Water Use.
To prevent overloading of septic systems, each STR shall be operated in a manner to ensure that the occupancy and use of an STR shall not result in annual domestic water use greater than that associated with the non-STR use of the residence based on an average daily consumption of 150 gallons per bedroom (7,324 cubic feet per year per bedroom) with a 30% allowance for landscaping above the design flow. p. 11 of 16
DRAFT STR Ordinance Amendment July September 2021
Where it can be determined based on the Humboldt County Division of Environmental Health permit of file information or an actual inspection of the system, the number of bedrooms will be based on the design of the septic system.
Annual water use records will be kept on file along with the STR License and application materials to allow for verification that the STR water use did not exceed allowable volumes as described above.
If the City determines that the STR use has exceeded the appropriate average annual water usage, as described above, during the preceding year, the STR owner/mManager shall take constructive measures to reduce water use. Adaptive measures include, but are not limited to: (a) installing water conservation fixtures and appliances; (b) planting xerophytic landscaping; and/or (c) reducing the maximum occupancy of the STR.
8. Septic System.
Each STR’s owner or pProperty mManager must provide proof that the septic system for the structure in which the STR is located is functioning properly and in conformance with all federal, state, and local regulations. Information on the appropriate use of a septic system, in a form approved by the City, shall be posted in each kitchen and bathroom in the STR.
9. Appearance and Visibility.
The outside appearance of the STR structure shall not change the residential character of the structure by the use of colors, materials, lighting, or signage (except as allowed by Section 17.56.160 (6.16)). The STR shall not create any noise, glare, flashing lights, vibrations, or odors that are not commonly experienced in residential areas or that would unreasonably interfere with the quiet use and enjoyment of any other residence or business in the area.
10. Signs.
A single sign, legible from the property’s street frontage, and no greater than 3 square feet in size may be attached to the STR structure or placed immediately adjacent to the front of the STR structure. The purpose of the sign is to notify the public that the structure is or contains an STR. The sign must provide the 24-hour Contact Phone Number for complaints, and a business telephone number for persons seeking information on the STR. The signage shall comply with all applicable standards of the Zoning Ordinance’s sign regulations.
11. Trash.
Trash and refuse shall not be left stored within public view, except in proper containers for the purposes of collection. There shall be no accumulation or storage of trash and / or debris on the site or within the STR.
12. Traffic.
p. 12 of 16
DRAFT STR Ordinance Amendment July September 2021
Vehicles used and traffic generated by the STR shall not exceed normal residential levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area. What is reasonable in terms of traffic generated shall be determined under existing legal standards applicable to evaluating alleged nuisances.
13. Tenancy.
The rental of an STR shall not be for less than two successive nights.
14. Minimum Activity.
A Full-time STR shall be rented for a minimum of 60 nights per year in order to maintain an STR License. If the STR owner / mManager fails to document rentals of at least 60 nights per year, the City Manager may determine that license is inactive and ineligible for renewal.
15. Emergency Preparedness.
Information regarding local hazards, such as earthquakes and ocean related hazards, in a form approved by the City, shall be posted within the vacation rental in an easily seen location, such as the entry or kitchen area. In particular, information regarding regular testing of the tsunami siren, the Volunteer Fire Department siren and real emergencies shall be included.
17.56.190 (6.26).N Tourist Occupancy Tax.
The letting, leasing, or other contractual use of an STR is subject to a Tourist Occupancy Tax (“TOT”) and any other mandated taxes. Each STR owner and/or mManager shall meet all of the requirements of the City with respect to registration of TOT collectors, and the collection, recordkeeping, reporting and remittances of applicable TOT.
17.56.190 (6.26).O Audit & Inspection
Each owner and Property Mmanager or representative of any owner shall provide access to each STR for inspection and any records related to the use and occupancy of the STR to the City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this Section are being fulfilled.
17.56.190 (6.26).P Dispute Resolution.
By accepting a STR License, STR owners agree to act in good faith to resolve disputes with neighbors arising from the use of a dwelling as a STR, including engaging in mediation, at owners’ expense. Unless an alternative dispute resolution entity is agreed to by all parties involved, dispute resolution should be conducted through Humboldt Mediation Services.
17.56.190 (6.26).Q Administrative Standards and Rules
p. 13 of 16
DRAFT STR Ordinance Amendment July September 2021
The City Manager shall have the authority to establish administrative rules and regulations consistent with the provisions of this Section for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Section. In particular, the City Manager will establish administrative procedures for complaints. A copy of such administrative rules and regulations shall be on file in the Office of the City Clerk and posted on the City’s website.
17.56.190 (6.26).L Violations
1. Penalty
It is unlawful to violate the provisions of this Section. Violations of this Section are punishable as either infractions or misdemeanors, pursuant to the provisions of Section 17.76.050 (7.20) of the Zoning Ordinance. Each separate day in which a violation exists may be considered a separate violation. The City of Trinidad can also enforce these STR regulations by way of nuisance abatement action pursuant to Chapter 8.12 of the Municipal Code. Enforcement by way of a nuisance action shall be discretionary and shall only occur upon a lawful vote of the Trinidad City Council to prosecute the matter as a civil nuisance action.
2. Fines
(a) The City Manager shall be authorized to impose administrative penalties for the violation of any provision of this section or ordinance in an amount not to exceed a maximum of $1000 per day for each continuing violation, except that the total administrative penalty shall not exceed $100,000 exclusive of administrative costs, interest and restitution for compliance re-inspections, for any related series of violations.
(b) In determining the amount of the administrative penalty, the City Manager may take any or all of the following factors into consideration:
(i) The duration of the violation;
(ii) The frequency, recurrence and number of violations, related or unrelated, by the same violator;
(iii) The seriousness of the violation;
(iv) The effect the violation may have upon adjoining properties; (v) The good faith efforts of the violator to come into compliance; (vi) The economic impact of the penalty on the violator; and/or (vii) The impact of the violation on the community.
(c) In most cases, initial fines will start at $200, with higher amounts reserved for exceptional situations like, repeated violations, failures to promptly correct violations, or deliberate violations of this Section.
p. 14 of 16
DRAFT STR Ordinance Amendment July September 2021
(d) Occupants shall be fined if they do not rectify the situation within 30 minutes after being contacted by the LCP. Fines for violations by STR occupants shall be paid to the City by the Property Manager.
3. Property Watch List
Upon a determination of good cause including but not limited to one or more significant violations, the City Manager may impose additional or special standards or requirements for (1) the determination or placement of properties on the Property Watch List; (2) placement or imposition of special conditions or performance standards for Owners, Owner’s Agents, Local Contact Persons, and their affected STRs on the Property Watch List; and (3) and removal of an STR from the Property Watch List.
4. Revocation
If the STR owner or pProperty mManager is deemed by the City Manager to be negligent in responding to a complaint more than two times in a 12-month period, or if more than two documented, significant violations, defined below, occur in any 12-month period, the STR License may be revoked. No revocation shall occur unless decided by a lawful majority vote of the Trinidad City Council and after written notice, served by first class mail, of at least 21 days was given to the owner of record and the Local Contact Person as set forth in the STR application. Revocation may be temporary or permanent depending on the nature and number of the violations.
5. Appeals
Appeals of City Manager determinations or decisions regarding violations, penalties and fines shall be appealable per section 17.72.100 (7.14) except that such determinations and decisions are not appealable to the Coastal Commission because they do not constitute a Coastal Development Permit. Notwithstanding section
17.72.100.D (7.14.D), fees for appeals of violation and penalty decisions shall be set by resolution of the City Council.
6. Significant ViolationsComplaints
Complaint as used in this subsection means the need or requirement to contact the Local Contact Person to rectify a situation that is disturbing to a neighbor or resident. Complaints, and their resolution, must be reported to the City Clerk’s office by the Local Contact Person within two business days of being received; failure to do so is a violation of this ordinance.
7. Significant Violations
As used in this subsection, significant violation is a situation where the Local Contact Person is either unable to unwilling to rectify the situation within 30 minutes, and / or when public safety personnel must be called to assist in resolving the situation, or that causes substantial disturbance to the neighbors or neighborhood.
p. 15 of 16
DRAFT STR Ordinance Amendment July September 2021
Examples of significant violations include, but are not limited to:
(i) Failure of the local contact person, owner or manager LCP to respond to a complaint within 30 minutes.
(ii) The inability of City staff or the Sheriff’s Dispatch to reach a contact person. (iii) Failure of the LCP to report two or more complaints to the City. (iv) Failure to maintain or provide the required guest registry. (iv) Violation of the STR maximum occupancy, parking, noise and other requirements as set forth in Section 17.56.190.H (6.26.H). (vi) Failure to notify City staff when the contact person or contact information changes.
(vii) Failure to pay fees or TOT in accordance with this Section. (viii) Providing false or misleading information on an STR License application or other documentation as required by this Section.
(viiix) Violations of state or County, or City health regulations (ix) Repeated minor violations and / or complaints
Examples of acceptable documentation of significant violations include, but are not limited to:
(i) Copies of citations, written warnings or other documentation filed by law enforcement.
(ii) City file information.
(iii) Advertisements for the STR
(iv) Signed affidavits and / or photographic evidence from neighbors or other witnesses
(v) Other documents which substantiate allegations of significant violations.
The City Manager shall have the authority to determine what constitutes a significant violation, as necessary, to achieve the objectives of this Section. A list of all such additional significant violations shall be maintained and on file in the office of the City Clerk and such offices as the City Manager designates.
7. False Reports and Complaints
It is unlawful to make a false report to law enforcement or City officials regarding activities associated with short term rentals.
17.56.190 (6.26).S Ordinance Review
This ordinance shall be reviewed by the Planning Commission within two years after its certification, and periodically thereafter, to ensure that it is meeting the needs of the community.
17.56.190 (6.26).T Severability
p. 16 of 16
DRAFT STR Ordinance Amendment July September 2021
Should any subsection or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.
Annual Report of STR Advisory
Committee to Trinidad City Council- December 15, 2020
The following information is a report of the activities of the STR Committee during 2020. It includes our recommendations for possible changes to the STR Ordinance at the upcoming 2 year review and suggestions to staff to implement cost tracking measures during both the permit application process and throughout the year.
January 9, 2020- The Committee met and the following two recommendations were made to the City Council at their January 14, 2020 meeting:
1. Use the following STR Permit Application Fee Structure language, and to include the Permit Application Cost Recovery Timesheet and STR Permit Cost Tracking Timesheet in every STR Permit Application. (Drafts of the Cost Recovery Timesheet, Cost Tracking Timesheet, and Permit Application Fee Structure language were included.)
2. Set up Best Practice Workshop for Property Managers and Independent STR Owners, along with a representative from the City. Discussion on enforcement and possible revisions of the ordinance not to take place at such a meeting, only an exchange of ideas on best management practices.
The Council unanimously passed recommendation #1 but rejected recommendation #2. Staff was given the cost recovery/tracking timesheets and the sample permit application fee structure language but reported later that since the annual application renewals were already in process that they would not be able to use the cost tracking sheets until the 2021 renewals were sent out. If the recommendations are followed it will provide the City with the data to conduct a cost analysis of the STR program.
May 19, 2020- Following a period of inactivity due to the Covid 19 pandemic the Committee met and discussed a staff report detailing the results of the 2020 application/renewal process, the effect of the moratorium on STR rentals in the City and that no citizen complaints against STR’s had been submitted to the City from January 1 through April 30th. Due to the City’s moratorium on STR rentals the Committee passed the following recommendations and forwarded them to the Council:
1. That they suspend the 60-day minimum activity as required in the ordinance, due to the Moratorium on STRs, for this year and any future years that the moratorium is in place.
2. That they suspend the meet and greet as required in the ordinance, during the Moratorium on STRs, as long as the good neighbor agreement brochure is provided electronically or by mail to the guests with the initial rental agreement.
The Council adopted recommendation #1 but rejected recommendation #2 at their next meeting.
June 24, 2020- The Committee met and discussed the re-opening of STRs. Staff reported that 28 of the 30 licensed STRs had been approved and certified for re-opening by the County and City and that the City had contacted property managers to inform them that signs needed to be placed in each STR to remind visitors of mask requirements. The Committee then discussed Ordinance violations and a possible fine structure to be included in the “Good Neighbor Contract or Brochure”. The Committee unanimously passed the following recommendation:
The Committee recommends that the City Council add general language to the “Good Neighbor Contract/Brochure (under good neighbor guidance) about the $200 minimum fine for violation of the general rules of conduct, and that the City Council add specific language to the contract for each rule regarding the $200 minimum fine while also requiring the guests to initial each rule in acknowledgement. *NOTE- The rationale behind this recommendation was to encourage STR tenant compliance with the rules of conduct, and by doing so lessen the need for City enforcement actions.
The Committee next discussed “Analyzing Benefits of the Ordinance and What is Working with the Ordinance as Currently Written”. Although no motions were made or passed it was generally agreed that:
1. The T.O.T. from STRs was the second largest revenue source in the City budget.
2. Unlike many other City residences, STRs are in compliance with the City’s septic ordinance.
3. STRs bolster the economy for local businesses.
4. Availability of STR lodging encourages eco-tourism and allows for unique businesses to flourish, benefitting both residents and visitors.
5. The Ordinance makes sure that residents are provided with a contact list for all of the STRs.
October 5, 2020- The Committee met and discussed a staff report detailing the re-opening of STRs, an estimate of the impact to T.O.T. from reduced STR occupancy due to the pandemic (a loss of approximately $31,500), and 1 resident complaint that the City had received since the Committee’s June 24th meeting. The complaint centered around 3 STRs that were being advertised as “self-check-in”, a violation of the “meet and greet” requirement in the Ordinance. Staff reported that the property managers of the involved properties had been contacted and the issue was being resolved. However, after reviewing the language in the Ordinance the Committee felt that the Ordinance lacked a clear definition of the “meet and greet”. A general discussion of definitions in the Ordinance ensued, and following that the Committee unanimously passed the following recommendation:
The Committee recommends that the City Council have the Planning Commission review the definition section of the STR Ordinance, specifically adding new definitions for Meet and Greets, SR, UR, and PD zoning, and lastly that definition #6 (good neighbor contract and good neighbor brochure) in the STR Ordinance include the penalties for violations voted upon by the Committee at the June 24, 2020 meeting. *NOTE- The Council may not yet have been presented with this recommendation.
November 17, 2020- The Committee met and received a staff report that there had been no new resident complaints since the October 5th Committee meeting. The Committee discussed who should be responsible for the collection of fines (property manager or tenant) for violations of the Good Neighbor Contract. No consensus could be reached and the City Manager was asked to request an opinion from the City Attorney on this issue. The Committee next discussed recommending draft language for the new definition “Meet and Greet” to be added to the Ordinance that was proposed at the October 5th Committee meeting and the following recommendations were passed unanimously:
1. The Committee recommends that a new definition “Meet and Greet” be added to the STR Ordinance and recommends the following language:
“Meet and Greet” means an in-person on-site meeting at the STR between the Property Manager and the Responsible Person on the day of arrival (or no later than 12 noon on the morning after a late night arrival) at which time the parties will sign, date, and time stamp the Good Neighbor Contract to indicate it has been reviewed and the Responsible Person has not misrepresented their group during the reservation process.” Along with the addendum: “If County Health and Safety guidelines recommend remote check in, the in-person check-in will be suspended for the duration of the County Health and Safety recommendation”.
2. The Committee recommends to the City Council that language be added to the Ordinance that a $200 fine be assessed to the Property Manager if the “Meet and Greet” has not been properly documented should the City request such documentation during the investigation of a complaint filed against the STR. Along with the following addendum: “Pending review by legal counsel on its legality”. *NOTE- The Council is being presented with these two recommendations tonight for the first time.
Final Comments- One of the reasons the STR Committee was authorized by the Council was that in previous years resident complaints indicated that enforcement of the Ordinance was a significant problem. It appears that in 2020 there have been very few formal complaints filed. However, anecdotal evidence (including public comment and discussions between neighbors) seems to indicate that there are members of the community who have stopped filing official complaints due to the perception that the City is either incapable or unwilling to resolve them. The Committee has had several discussions regarding the hiring of a Code Enforcement Officer with the authority to issue citations for violations of not only the STR Ordinance but all City ordinances. However, the City’s current financial limitations would seem to preclude this. At last year’s joint meeting with the Council and Planning Commission the STR Committee was encouraged to look for and recommend cost effective ways to improve compliance so that enforcement became less of a problem. The above recommendations are a start in that direction. We have also suggested measures to help the City with a cost analysis of the STR program.
The STR Ordinance is overdue for the 2 year review by the Planning Commission as specified in the Ordinance under Section 17.56.190 (6.26).S “Ordinance Review”. The Committee recommends that the Planning Commission begin the review process at its earliest convenience and encourages the residents of Trinidad to actively participate in this process.
Respectfully Submitted,
Dick Bruce, Chairperson Trinidad STR Advisory Committee 6 5
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26 2021 Licenses & Zoning
SHN 016105.004
June 2021 ShortTermRentals20210520 Figure 1
City of Trinidad
Short-Term Rentals
Trinidad, California
EXPLANATION
OS - OPEN SPACE
SE - SPECIAL ENVIRONMENT
SR - SUBURBAN RESIDENTIAL
UR - URBAN RESIDENTIAL
PD - PLANNED DEVELOPMENT
C - COMMERCIAL
VS - VISITOR SERVICES
PR - PUBLIC & RELIGIOUS
SHORT-TERM RENTAL
TRINIDAD CITY LIMITS
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DISCUSSION AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Discussion/Presentation/Brainstorming Session regarding Per Capita Grant Projects to Improve City Park and Recreation Opportunities.
DISCUSSION AGENDA ITEM
Date: February 8, 2022 ________________________________________________________________________ Item: STATE PARKS & RECREATION PER CAPITA GRANT PROJECTS The City submitted its Per Capita Grant application on December 30, 2021. The initial proposed project requested $57,750 to upgrade the tennis court to include pickle ball, including resurfacing, installing firehouse gutters to reducing runoff onto court and other minor improvements. One or more additional projects could be funded by the remaining $120,202 in allocated Per Capita funds.
Trinidad qualifies as a disadvantaged community so no match is required for this funding.
Eligible Projects: Acquisition of land and development projects must be consistent with the General Plan Recreation Element. Funding must be used for capital outlay (building something new or improving the condition of the facility beyond its original or current state). Maintenance and repair costs are not eligible.
• Project must meet CEQA requirements. Due to the short timeline, staff suggests projects that do not involve a lengthy CEQA process.
• Project implementation must be completed by December 31, 2023 • Must be for recreational purposes, either acquisition or development. • Projects must be accessible with an accessible path of travel to the Project (meet City requirements).
City Council adopted Resolution 2019-12 Approving Application(s) for Per Capita Grant Fund on and directed staff to develop Per Capita application packet(s) for priority eligible project(s).
The Proposition 68 State Department of Parks and Recreation Per Capita Program allocated a maximum of $177,952 in grant funding to the City of Trinidad for parks and recreation acquisition and development projects.
Staff recommends Council holding this brainstorming session to solicit ideas for a list of potential recreation projects that could be proposed for Per Capita or other funding sources, as applicable.
The Procedural Guide is attached for reference to determine what type of projects – or project components – are eligible. The screenshot below provides a very brief overview of what the Per Capita Program intends to support. The examples provided led Staff to conclude that the program would be an excellent funding source to make much needed improvements to the Tennis Court facility, but to be eligible a new activity had to be included to expand the use of the facility.
Pickleball.
Project ideas will be reviewed by staff to determine eligibility and feasibility for Per Capita funding.
Staff Recommendation:
Increase Council/Public involvement to expand ideas and/or direction on possible concepts for Staff to explore that match the intent of the 2018 Per Capita Program.
Attachments:
• Per Capita Grant Procedural Guide
1 2018-2019 California State Budget, Chapter 29
Budget Item 3790-101-6088 (b) - $185,000,000 shall be available for the Local Park Rehabilitation, Creation in Urban Areas Program, consistent with subdivision (a) of Section 80061 of the Public Resources Code.
Procedural Guide
for the
California Drought, Water, Parks, Climate, Coastal
Protection, and Outdoor Access for All Act of 2018
PER CAPITA PROGRAM
September 2020
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send correspondence to:
Street Address for Overnight Mail: Mailing Address:
Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
1416 Ninth Street, Room 918
Sacramento, CA 95814
Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
Phone: (916) 653-7423
Website: http://www.parks.ca.gov/grants
2 STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.
Community Engagement Division Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all.
The Office of Grants and Local Services Mission
The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.
OGALS VISION GOALS
To Be:
• A leader among park and recreation professionals.
• Proactive in anticipating public park and recreation needs and hownew legislation and grant programs could best meet these needs. • Honest, knowledgeable and experienced grant administration facilitators. • Sensitive to local concerns while mindful of prevailing laws, rules and regulations. • Perceptive to opportunities for partnerships, growth and renewal where few existed before.
• Committed to providing quality customer service in every interaction and transaction.
• Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees. 3 TABLE OF CONTENTS
PER CAPITA PROGRAM DESCRIPTION ........................................................................ 4 Eligible Recipients (PRC §80062)...................................................................................... 4 Eligible Projects.................................................................................................................. 5 GRANT PROCESS OVERVIEW........................................................................................ 6 Authorizing Resolution ....................................................................................................... 7 APPLICATION PACKET................................................................................................. 10 Application Packet Checklist............................................................................................ 11 Per Capita Project Application Form ................................................................................ 12 Per Capita Match ............................................................................................................. 13 Acquisition Projects.......................................................................................................... 14 Development Projects...................................................................................................... 16 Development Project Scope/Cost Estimate Form ............................................................ 19 Funding Sources Form.....................................................................................................20 CEQA Compliance Certification ......................................... .............................................21 Land Tenure..................................................................................................................... 22 Site Plan........................................................................................................................... 24 Sub-leases or Agreements............................................................................................... 24 Photos.............................................................................................................................. 24 Greenhouse Gas Emissions Reduction and Carbon Sequestration................................. 24 SPECIAL REQUIREMENTS............................................................................................ 26 Status Report ................................................................................................................... 26 Bond Act Sign .................................................................... .............................................28 Deed Restriction............................................................................................................... 29 GRANT PAYMENTS ....................................................................................................... 33 Payment Request Form ................................................................................................... 35 Grant Expenditure Form................................................................................................... 35 Project Completion Packet............................................................................................... 37 PER CAPITA CONTRACT .............................................................................................. 42 ACCOUNTING AND AUDITS.......................................................................................... 48 Accounting Requirements................................................................................................ 49 Audit Checklist .................................................................................................................50 REFERENCES ................................................................................................................ 50 Public Resources Code relating to the Proposition 68 Per Capita program ..................... 51 Allocation Tables.............................................................................................................. 54 ALLOCATION TRANSFER............................................................................................. 54 DEFINITIONS .................................................................................................................. 55 Words and terms shown in SMALL CAPS are in the definitions section. 4 Per Capita Program Summary
Background
This program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018.
Funds for the program were appropriated via State Budget item 3790-101-6088(b).
Legislative program information is found in the Public Resources Code (PRC) beginning at §80000 (see page 51). OGALS retains the right to waive requirements not mandated by statute. Funds are provided for two programs, as described below:
General Per Capita Program: $185,000,000
Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (PRC §80061(a)).
Urban County Per Capita: $13,875,000
Additional funds are available for Per Capita grants to cities and districts in urbanized counties (a county with a population of 500,000 or more) providing park and recreation services within jurisdictions of 200,000 or less in population. An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under the General Per Capita Program (PRC §80061(b)).
Eligible Recipients (PRC §80062)
Sixty percent (60%) of the General Per Capita funds are allocated to the following entities based on population. The minimum allocation is $200,000. • Cities
• Eligible Districts, other than a regional park district, regional park and open-space districts, and regional open-space districts1
Forty percent (40%) of the General Per Capita funds are allocated to the following entities based on population. The minimum allocation is $400,000. • Counties
• Regional park districts, regional park and open space districts, and regional open space districts
Allocations
Visit OGALS’ Per Capita webpage at www.parks.ca.gov/percapita for allocations. 1 For purposes of this chapter, “district” means any regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4 (commencing with §5780) of Division 5, or any authority formed pursuant to Division 26 (commencing with §35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, “district” also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 (commencing with §71000) of the Water Code. 5 Eligible Projects
• PROJECTS must be capital outlay for recreational purposes, either acquisition or DEVELOPMENT. Do not submit combined acquisition and DEVELOPMENT projects, rather submit separate APPLICATION PACKETS for each PROJECT type. • Multiple PROJECTS may be completed under one contract; each PROJECT requires a separate APPLICATION PACKET.
• A PROJECT can only have one location. One PROJECT serving several parks is not permitted.
• GRANTEES are encouraged to partner with other GRANTEES on PROJECTS (PRC §80063(b)). See page 54 for information on allocation transfers.
Match
PROJECTS not serving a “severely disadvantaged community” (median household income less than 60% of the statewide average) require a 20% match (see page 13) (PRC §80061(c)).
No Supplanting
GRANTEES must use Per Capita grant funds to supplement existing expenditures, rather than replace them (PRC §80062(d)). For example, a GRANTEE has a budget for recreational capital expenditures of $500,000 per year, and is receiving a $200,000 allocation under the Per Capita program. The budget cannot be reduced to $300,000, with the Per Capita funds making up the difference.
Similarly, if a PROJECT has been approved by the governing body, and a funding source has been identified, Per Capita funds cannot be swapped in as a new funding source unless the prior funding source is applied to other identified recreational capital projects.
GRANTEES should keep all documents indicating intent to use Per Capita grant funds for PROJECTS.
6 Grant Process Overview
The GRANT PERFORMANCE PERIOD is shown on the contract. Visit OGALS’ Per Capita webpage at www.parks.ca.gov/percapita for deadlines and current information on each step in the process listed below.
1. OGALS Mandatory Grant Administration Workshops will be held statewide.All recipients are required to attend.
2. Resolution: GRANTEE passes one resolution approving the filing of all applications associated with the contract, and provides a copy to OGALS.
3. APPLICATION PACKET(s): The GRANTEE defines the PROJECT SCOPE(s) and amount of GRANT funds needed for each PROJECT. As PROJECTS are identified, the GRANTEE submits individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information.
4. Contract: OGALS sends a contract to the GRANTEE once the OGALS has received and approved APPLICATION PACKET(S) equaling the total contract amount. a. The contract section, beginning on page 42, includes a sample contract. b. The GRANTEE must return the contract signed by the AUTHORIZED REPRESENTATIVE to OGALS.
c. OGALS returns a copy of the fully executed contract to the GRANTEE.
5. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for eligible costs. The grant payments section, beginning on page 33, provides payment request instructions and forms.
a. The GRANTEE may request payments after each PROJECT is approved by OGALS. b. The GRANTEE completes PROJECT SCOPE(s).
c. The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS. d. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS by conducting a site inspection.
6. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records, including source documentation with original signatures, for five years following issuance of the final GRANT payment or PROJECT termination, whichever is later. The Accounting and Audit Section, beginning on page 48, provides directions and an Audit Checklist for DPR audit and accounting requirements.
7 Authorizing Resolution
GRANTEE passes one resolution approving the filing of all APPLICATION PACKETS associated with the contract, and forwards a copy to OGALS.
The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged.
The Authorizing Resolution serves two purposes:
1. It is the means by which the GRANTEE’S Governing Body agrees to the terms of the contract; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the contract.
2. Designates a position title to represent the Governing Body on all mattersregarding PROJECTS associated with the contract. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE.
Resolution items 4, 5, 7, 8 and 9 are required by Proposition 68.
Complete the highlighted areas of the Authorizing Resolution (beginning on following page). The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. This may be included in item 11 of the resolution, or the AUTHORIZED REPRESENTATIVE may submit a letter (on letterhead) or email to OGALS delegating authority. 8 Resolution Form
Resolution Number: (insert number here)
RESOLUTION OF THE (Title of Governing Body/City Council, Board of Supervisors) OF (City, County, or District) APPROVING APPLICATION(S) FOR PER CAPITA
GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the (grantee’s governing body) hereby:
1. Approves the filing of project application(s) for Per Capita program grant project(s); and
2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and
3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and
4. Certifies that all projects proposed will be consistent with the park and recreation element of the [city/county/district’s] general or recreation plan (PRC §80063(a)), and
5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and
6. Certifies that it will comply with the provisions of §1771.5 of the StateLabor Code, and
7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the [city/county/district] will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, lowincome, and disabled populations and tribal communities, to increaseawareness within those communities and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservationleaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, andnonprofit organizations to expand access for diverse populations. 9 (D) Identifying and implementing improvements to existing programs toincrease visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youthengagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations.
8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)).
9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on anongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)).
10. Certifies that the grantee has reviewed, understands, and agrees to theGeneral Provisions contained in the contract shown in the Procedural Guide; and
11. Delegates the authority to the (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements,amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Approved and adopted the day of , 20 .
I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the (grantee’s governing body) following a roll call vote:
Ayes:
Noes:
Absent:
(Clerk)
10 Application Packet
• GRANTEE may submit multiple APPLICATION PACKETS.
• Separate APPLICATION PACKETS are required for each PROJECT site and/or PROJECT type.
• Provide all APPLICATION PACKET items in the order shown in the following checklist. • Submitted documents need not contain original signatures; but the GRANTEE must keep all original signed documents.
• GRANTEES are encouraged to submit documents digitally, as .pdf files. Do not send the APPLICATION PACKET as one file. E-mail each checklist item to the PROJECT OFFICER as a separate digital file, labeled using the digital file names indicated on the application checklist.
• If submitting hard copies, number all pages of the APPLICATION PACKET.
Any costs incurred prior to finalizing the contract are at the GRANTEE’S own risk. 11 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Application Packet Checklist
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.
An APPLICATION PACKET is not complete unless all items on the checklist are submitted.
Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item
Procedural
Guide
Page #
Check when
signed by
AUTHORIZED
REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 11 Pg.
Application
Digital file name: application.pdf Pg. 12 Pg.
Development Project Scope/Cost
Estimate, or
Digital file name: devscope.pdf
Pg. 19 Pg.
Acquisition Requirements
Digital file names: acqscope.pdf & acqdocs.pdf Pg. 14 Pg.
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 20 Pg.
Per Capita Match Calculator
Digital file name: match.pdf Pg. 13 Pg.
CEQA Compliance Certification
Digital file name: ceqa.pdf Pg. 21 Pg.
Land Tenure documentation
Digital file names: ownership.pdf or
nonownership.pdf
Pg. 21 Pg.
Sub-Leases or Agreements
Digital file name: otheragreements.pdf Pg. 24 Pg.
Site Plan
Digital file name: siteplan.pdf Pg. 24 Pg.
GHG Emissions Reduction
Worksheet (at completion)
Digital file name: emissions.pdf
Pg. 24 Pg.
Photos
Digital file name: photos.pdf Pg. 24 Pg.
12 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Per Capita Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS
where PROJECT is located including zip code
(substitute latitude and longitude where no street
address is available)
MATCH AMOUNT (if project is not serving
a severely disadvantaged community)
$
LAND TENURE ( all that apply)
Owned in fee simple by GRANTEE
Available (or will be available) under
a ( ) year lease or easement
NEAREST CROSS STREET
Project Type (Check one) Acquisition☐ Development☐
COUNTY OF PROJECT LOCATION
GRANTEE NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
Name (typed or printed) and Title Email address Phone
GRANT CONTACT-For administration of grant (if different from AUTHORIZED REPRESENTATIVE) Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Development PROJECT Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate.
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name:
Title:
13 Per Capita Match
PROJECTS that do not serve severely disadvantaged communities (median household income less than 60% of the statewide average) must include 20% match from the GRANTEE (PRC §80061(c)).
Costs incurred to provide match must be eligible costs. Calculate match using thePer Capita match calculator at https://www.parksforcalifornia.org/percapita; submit the report with the APPLICATION PACKET.
Costs incurred to provide match must be eligible costs. State funds are not allowedfor match. Eligible match sources are:
• Federal funds
• Local funds
• Private funds
• IN-HOUSE EMPLOYEE SERVICES
• Volunteer labor – must maintain time and attendance records showingactual hours worked (see https://independentsector.org for volunteer hourly wage value)
Match and Eligible Costs
The match is 20% but grantee must show 25% in additional costs if match is required.
For example:
Determining the match amount:
PROJECT amount: $125,000
20% match: ($25,000)
GRANT amount: $100,000
Submitting costs for reimbursement
GRANT amount: $100,000
25% in additional costs: $25,000
PROJECT amount: $125,000
In summary, the 20% match calculation is based on the PROJECT amount, not on the GRANT amount.
14 Acquisition Rules
Acquisition Projects
1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.
2. Land cannot be acquired through eminent domain.
3. Associated acquisition costs, such as appraisals, escrow fees, title insurance, etc., combined must be less than 25% of the PROJECT costs.
4. A deed restriction must be recorded on the property after the acquisition iscomplete (see page 29).
5. Land must be open to the public for recreational purposes within three yearsfrom the date the final payment is issued by the State Controller’s Office (SCO).2
6. GRANTEE must provide Title Insurance.
7. PROJECTS must be consistent with the park and recreation element of the [city/county/district’s] general or recreation plan (PRC §80063(b)).
8. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)).
Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED REPRESENTATIVE:
• A brief description, for example, “Acquisition of approximately (enter total acreage to be acquired) for the development of park by (enter date no later than three years from the date final payment is issued by the SCO).” • Estimated total costs for land and relocation
• Estimated total costs other than the purchase price and relocation costs, such as appraisals, escrow fees, title insurance fees, deed restriction recordation costs Acquisition Documentation
For each parcel to be acquired, submit these documents:
1. An appraisal conducted within the last twelve months
2. A separate letter from an independent third party, AG rated appraiser certified by the California Office of Real Estate Appraisers stating the appraisal wasreviewed, and was completed using acceptable methods
3. County Assessor’s parcel map, showing parcel number and parcel to be acquired
4. Estimated value of each parcel to be acquired with a description of how thatvalue was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value)
5. Acreage of each parcel to be acquired
6. A description of any encumbrances that will remain on the property, such as grazing, timber, mineral rights or easements
2 Grantees will see this date on their project complete letter – “A final payment was issued by the SCO on xx/xx/20xx”
15 7. A brief description of the intended recreational use of the land with theestimated date by which the site will be open to the public for recreational purposes For easement acquisitions, in addition to the requirements above, provide:
8. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.
For relocation costs, in addition to the requirements above, provide:
9. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §7260-7277.
Eligible Acquisition Costs
• IN-HOUSE EMPLOYEE SERVICES – see accounting rules (page 48) • GRANT/PROJECT administration and accounting
• Public meetings/focus groups/design workshop
• Appraisals, escrow fees, surveying, other costs associated with acquisition • Cost of land
Ineligible Acquisition Costs – Cannot be charged to the grant • Costs to fulfill any mitigation requirements imposed by law (PRC §80020) • Acquisitions where purchase price is greater than appraised value • Costs for land acquired through eminent domain or condemnation • Costs incurred outside the GRANT performance period
• Development costs
16 Development Project Rules
Development Projects
1. PROJECTS must be consistent with the park and recreation element of the GRANTEE’S general or recreation plan (PRC §80063(b)).
2. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)).
3. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.
4. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.
5. PRE-CONSTRUCTION COSTS may not exceed 25% of the PROJECT amount.
6. The primary purpose of any building constructed or improved must be public recreation. For example, renovating a gymnasium that includes office space for staff is eligible; renovating GRANTEE’S office building is not.
7. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.
Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.
Eligible Pre-construction Costs – up to 25% of PROJECT costs; incurred prior to groundbreaking as determined by the GRANTEE
• Public meetings, focus groups, design workshops
• Plans, specifications, construction documents, and cost estimates • Permits
• CEQA
• Bid preparation and packages
• IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
• GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after groundbreaking.
• Construction – necessary labor and construction activities to complete thePROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
• Equipment – Equipment use charges (rental and in-house) must be madein accordance with GRANTEE’S normal accounting practices.
• Bond and other signs
• Premiums on hazard and liability insurance to cover personnel or property • Site preparation
• Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc.
• Construction management: including site inspections and PROJECT administration 17 Distinguishing capital outlay (eligible) from maintenance and repair (not eligible):
• Capital outlay – building something new, or for existing structures,activities intended to boost the condition beyond its original or current state. • Repairs – activities performed to a section of a structure that are intendedto allow the continued use.
• Maintenance – activities intended to be performed on a regular basis tomaintain the expected useful life of a structure.
Examples:
Roof – replacing broken shingles is maintenance; fixing a hole is repair; replacing the roof is capital outlay.
Playground – adding additional fall material is maintenance; fixing the chains on a swing set is repair; replacing the play structures is capital outlay.
Windows – repairing the glazing is maintenance; replacing broken panes is repair; replacing the windows is capital outlay.
• Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications • IN-HOUSE EMPLOYEE SERVICES after groundbreaking
• GRANT/PROJECT administration and accounting after groundbreaking Ineligible Development Costs – Cannot be charged to the grant • PRE-CONSTRUCTION COSTS that exceed 25% of the PROJECT costs • Development to fulfill any mitigation requirements imposed by law (PRC §80020) • All non-capital costs, including interpretive and recreational programming, software and software development
• Construction or improvements to facilities that are not primarily designatedfor recreational purposes, such as park district offices
• Construction outside the boundaries of the recreation facility • Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
• Costs incurred before or after the GRANT PERFORMANCE PERIOD • Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Food and beverages
• Out-of-state travel
• Fundraising and grant writing
• Repairs – activities performed to a section of a structure that are intended toallow the continued use.
• Maintenance – activities intended to be performed on a regular basis to maintainthe expected useful life of a structure.
18 Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’sactual time spent on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation. • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
• If planning to claim IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet for OGALS review to confirm these accounting practices are being followed.
19 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Development Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Install
new
Renovate
existing
Replace
existing Recreation Element
Pool, aquatic center, splash pad
Trails or walking paths
Landscaping or irrigation
Group picnic, outdoor classrooms, other gathering spaces Play equipment, outdoor fitness equipment
Sports fields, sports courts, court lighting
Community center, gym, other indoor facilities
Restroom, concession stand
Other:
Other:
Minor elements which support one or more of the recreation elements checked above: benches, lighting, parking, signage, etc.
PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design, permits, bid packages, CEQA); up to 25% of total PROJECT cost. $ Construction $
Total PROJECT cost $
Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT cost, see page 13)
Less match
-$
Total GRANT amount requested $
The GRANTEE understands that all elements listed on this form must be complete and open to the public before the final grant payment will be made.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
Development project scope (Describe the project in 30 words or less):
Project Scope Items - all that apply:
Add Pickle Ball to Tennis Court
NA
City of Trinidad City Hall Ball Court
lighting, bench and fencing improvements.
Improve City Hall tennis court by resurfacing and adding pickle ball court amenities including court markings, 20 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Funding Sources Form
GRANTEE: PROJECT Name
PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete, and the PROJECT is open to the public. PROJECTS will:
• Be entirely funded by the GRANT, or
• Require funds in excess of the GRANT.
If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.
For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public. ☐ The PROJECT will be entirely funded by the GRANT, or
☐ The PROJECT requires funds in excess of the GRANT:
☐ The SCOPE is the same as the scope of the larger project, or ☐ The SCOPE is a subset of a larger project, the scope of that larger project is:
Larger project cost: $ Anticipated completion date:
List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.
Funding Source Date Committed Amount
Per Capita/State of California July 1, 2018 $
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the abovementioned GRANT is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
21 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification
GRANTEE:
Project Name:
Project Address:
Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis:
Date complete/expected to be completed
Notice of Exemption (attach recorded copy if filed)
Notice of Determination (attach recorded copy if filed) Other:
If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.
Lead Agency Contact Information
Agency Name:
Contact Person:
Mailing Address:
Phone: ( ) Email:
Certification:
I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.
I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
FOR OGALS USE ONLY
CEQA Document Date Received PO Initials
NOE NOD
22 Land Tenure
The purpose of the land tenure requirement is to verify that the GRANTEE has sufficient legal rights to the property to fulfill the terms of the contract. • PROJECT amounts up to $100,000 require at least 20 years of land tenure at the site to be acquired or developed.
• PROJECT amounts greater than $100,000 require at least 30 years of land tenure at the site to be acquired or developed.
• The 20- or 30-year land tenure requirement begins on July 1, 2018. • The GRANTEE remains responsible for fulfillment of the terms of the contract,even if the GRANTEE’S land tenure agreement changes within the contract PERFORMANCE PERIOD.
Land Tenure Ownership Documentation
If the GRANTEE owns the PROJECT site in fee simple, provide one of the following:
• Deed or deed recordation number, or
• Title report, or
• Tract map or assessor’s map with owner’s name
Land Tenure Non-Ownership Documentation
If the GRANTEE does not own the PROJECT site in fee simple, provide:
• Land Tenure Agreement Checklist (page 22)
• Signed land tenure agreement
If the grantee does not own the project site in fee simple, and the existing land tenure agreement does not meet the requirements in the Land Tenure Checklist, provide • Land Tenure Agreement Checklist (page 22)
• Signed land tenure agreement
• An explanation as to how the existing land tenure agreement adequatelyprotects the State’s interest. OGALS will review and determine if the land tenure is sufficient.
Land Tenure Agreement Checklist
If the GRANTEE does not own the land in fee simple, complete this checklist. Attach a copy of the signed land tenure agreement. Identify the page numbers where the required items can be found in the land tenure agreement and highlight the provisionsin the agreement where the information is located. All items are required. 23 Land Tenure Checklist
GRANTEE: PROJECT Name
Page Required Item
□
Type of agreement: For example: lease, joint powers agreement, easement, memorandum of understanding, etc.
□
Parties to the agreement (land owner must be public agency or utility) and date signed:
Party Date Signed
□ Term of the agreement: years
□
Agreement end date:
• Grant amounts up to $100,000 require at least 20 years of land tenure. • Grant amounts above $100,000 require at least 30 years of land tenure. • The land tenure requirement begins on July 1, 2018.
□ Renewal option: Must include an option, which can be non-binding, for the GRANTEE to renew the agreement beyond the original 20 or 30 year term. □
Termination clause: Any of the following is acceptable:
• No termination clause – the agreement is non-revocable. • Termination clause specifies the agreement is revocable only for cause. • The termination clause cannot allow the land owner to revoke the agreement without cause, i.e., at will.
□
Site Control, Roles and Responsibilities should the GRANT be awarded, the agreement:
• Authorizes the GRANTEE to proceed with the construction PROJECT. The GRANTEE may delegate construction to other entities.
• Establishes when the general public can use the PROJECT and gives GRANTEE permission to operate the PROJECT site (such as scheduling recreational programs). The GRANTEE may delegate operational roles to other entities but is bound through the contract provisions to ensurefull public access for the duration of the land tenure period. • Identifies which entity will maintain the PROJECT site. The GRANTEE may delegate maintenance to other entities but is bound through the contract provisions to ensure maintenance of the PROJECT site for the duration of the land tenure period.
24 Site Plan
Provide a drawing showing where all the items listed in the project scope/Cost Estimate Form will be located. To ensure that any building use meets the requirements of the program, include the function and approximate square footage of each room within buildings that are part of the scope, and the approximate total square footage of the buildings. It does not need to be a detailed engineering rendering.
Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc., affecting PROJECT property or its operation and maintenance.
Photos
Provide photos that will establish a “before” comparison for the site to be improved.
Greenhouse Gas Emissions Reduction and Carbon Sequestration. 3 If your PROJECT involves tree planting, follow the instructions below and submit with the PROJECT COMPLETION PACKET.
Before getting started, gather the following PROJECT information:
• Tree species
• Size of trees at planting
• Information on the distance and direction to the nearest building (ifapplicable) • Information on the age and climate control of any nearby buildings (ifapplicable) • Information about the tree’s growing conditions
Getting started:
1. Navigate to the i-Tree site at https://planting.itreetools.org and select the tab for a new project.
2. On the Location map, select your state, county and city, and then click Next.
3. Configure the project parameters4:
• “Electricity emissions factor” enter 285 and select kilograms • “Fuel emissions factor” enter 53.1 and select kilograms • “Years for the project” is the age of the trees 40 years from when they are planted. So, if the trees will be four years old at the time of planting, enter44. • “Tree mortality” enter 0
4. Tree Planting Configurations
• Enter the tree groups for the project; create a new group for each new species or for each new location.
• Species – select the species; add multiple species by creating new groups. 3 PRC §80001(b)(7)
4 Project parameters are from the California Air Resources Board’s “Quantification Methodology for the California Natural Resources Agency Urban Greening Grant Program.”
25 • DBH – tree diameter four feet above the ground at time of planting. • Distance to nearest tree – select from drop down menu • Tree is (north, south, east or west) of Building – select the direction the tree is located to the nearest climate-controlled building.
• Climate controls – select the type of climate controls the nearby building has installed. If a tree is more than 60 feet away from a climate-controlled building, select “none.”
• Condition – select the overall health of the trees at the time of planting. • Exposure to sunlight – select the amount of sun that reaches the tree,based on its surroundings.
• Number of trees – enter the number of trees that are the same species and the same characteristics (e.g. distance to building, location in respect to building, exposure to sunlight, etc.) If some of these characteristicschange, multiple lines of the same species should be input into the tool.
Once all the groups are entered, click next
5. Print the report in landscape mode, and submit it to OGALS. 26 Special Requirements
• Status Reports (page 26)
• Bond Act Sign (page 28)
• Deed Restriction (page 29)
Status Report
OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. See sample on following page.
27 Sample Status Report – Due xx/xx/20xx (30 days from mail date) Grantee:
Project Number:
Project Name:
Project Scope:
Project Phase: □ Pre-Construction/Pre-Acquisition □ Acquisition and/or Construction When will you submit your next payment request? For how much? Estimated date of project completion:
Potential obstacles affecting completion:
Is the project: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no, explain:
Describe grant-funded work completed since last status report submitted on (DATE):
Are CCC or certified local corps working on this project? Yes/No Provide photos showing work completed since (DATE)
Describe grant-funded work expected to be completed by (MailDate + 6 mos) If there have been any changes to the proposed funding for this project, attach a revised Funding Sources Form.
Provide information on payments to be submitted over the next three years:
Between
7/1/20
and
6/30/21
Between
7/1/21
and
12/31/21
Between
1/1/22
and
6/30/22
Between
7/1/22
and
12/30/22
Between
1/1/23
and
6/30/23
Between
7/1/23
and
12/30/23
After
1/1/24
$ $ $ $ $ $ $
The purpose of this data is to help the State estimate borrowing needs; you will not be held to these estimates.
I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, forthe above-mentioned Grant is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
(*Certification to above information requires a signature by a person authorized in the resolution)
28 Bond Act Sign
A sign acknowledging the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 as the funding source for the project must be installed during construction and at completion (PRC §80001(b)(3)). If appropriate, the same sign can be used during construction and completion.
Sign requirements
The sign must be available during construction, at the final inspection of the PROJECT, and remain in place for a minimum of four (4) years from date of PROJECT completion.
There is no minimum or maximum size other than the minimum size for the logo, as long as the sign contains the required wording.
Sign Language
All signs must contain the following language:
GAVIN NEWSOM, GOVERNOR
Wade Crowfoot, Secretary for Natural Resources
Armando Quintero, Director, California Department of Parks and Recreation Use the names of the current officials. The name of the director of the local agency or other governing body may be added. The sign may also include names (and/or logos) of other partners, organizations, individuals and elected representatives.
Logo
All signs must display the Parks and Water Bond Act logo (shown on the cover of this guide). Display the logo to maximize visibility and durability. Download the logo at http://resources.ca.gov/grants/logo-art/. The logo must measure a minimum of 24″ tall.
Exceptions may be approved, when appropriate, at OGALS’ discretion.
Sign Construction
All materials used shall be durable and resistant to the elements and graffiti.
Sign Cost
The cost of the sign(s) is an eligible PROJECT cost. Permanent signage is encouraged.
Appropriateness of Signs
For projects where the required sign may be out of place or affected by local sign ordinances, OGALS may authorize a sign that is more appropriate to the project.
State Approval
GRANTEE shall submit the proposed number, locations, size, and language of signs for preliminary review. Final payments will not be processed until post completion signage has been approved and installed.
29 Deed Restriction
The Deed Restriction restricts the title to the property, safeguarding the property for purposes consistent with the GRANT for the duration of the CONTRACT PERFORMANCE PERIOD.
If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title to the property before OGALS will approve any grant payments. If the GRANTEE is acquiring land, a deed restriction is required before the PROJECT is complete.
A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such as where the GRANTEE is improving property it has access to under a lease agreement.
Deed Restriction Instructions
1. The GRANTEE must own the PROJECT land and have an encumbered contract for the GRANT amount.
2. The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alterthe Deed Restriction. The GRANTEE takes the following steps:
1. Add ownership information to Paragraph I of the Deed Restriction: [formal name of GRANTEE] Insert ownership information as it appears on the deed.
2. Create 3 copies (GRANTEE copy, OGALS copy and recorder’s copy) of the Deed restriction and the required attachments:
(1) Exhibit A: Label this attachment “Exhibit A (Legal Description of Property).” Include a formal legal description of every parcel of property to which grant funds will be used for the development and/or acquisition thereof. This information can be obtained from the grant deed or title policy. (The assessor’s parcel number or a street address is NOT a valid legal description.) and,
(2) Exhibit B: Label this attachment “Exhibit B (Grant Contract)” and include a complete copy of the Grant Contract and provisions signed by theAUTHORIZED REPRESENTATIVE and the State of California.
3. Notarize it: Take the following documents to a notary. OGALS recommends submitting these documents to the OGALS PROJECT OFFICER for review prior to notarizing.
• Unsigned and undated Deed Restriction
• Exhibit A (Legal Description of Property)
• Exhibit B (Grant Contract)
The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature page in the presence of a notary. The notary will complete a Notary Acknowledgement (Civil Code §1189).
4. Record it: Take the notarized documents bulleted above to the County Recorder’s Office of the county in which the property is located. Ask the County Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A, and Exhibit B, on the title to the property.
5. Send it: Send a copy of the notarized and recorded documents bulleted above to the OGALS PROJECT OFFICER.
30 RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: [Project Officer]
DEED RESTRICTION
I. WHEREAS, insert ownership information as it appears on the deed (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafterreferred to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for improvements on the Property; and
IV. WHEREAS, on (enter date), DPR’s Office of Grants and LocalServices conditionally approved Grant [project number], (hereinafter referred to as “Grant”) for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition ofthe Grant, the Grant would not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant could therefore not have been allocated; and
31 VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction requirement of the Grant, so as to enable Owner(s), to receive theGrant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPRthat the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 20xx to June 30, 20xx (20 years) or June 30, 20xx (30 years).
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to 32 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding such breach, or any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
Business Name (if property is owned by a business):
Additional signature, if required Date
Print Name and Title
33 Grant Payments
Payments may be requested after a PROJECT is approved and the contract is encumbered. Payment requests are processed through the State Controller’s Office and mailed to the GRANTEE approximately six to eight weeks from the date OGALS approves the request.
Payment Rules
1. A Grant Expenditure Form (see page 35) is required with all reimbursement andfinal payment requests.
2. Payment requests prior to groundbreaking are limited to 25% of the PROJECT amount.
3. Payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final reimbursement.
4. A deed restriction is required prior to processing any reimbursement payments except an acquisition ADVANCE.
5. Group costs together to avoid frequent payment requests. Reimbursement requests greater than $10,000 are encouraged.
6. For PROJECTS where match is required, GRANTEES must show eligible costs equal to 125% of the requested reimbursement amount (see page 13).
7. Complete CEQA prior to requesting any construction reimbursement.
8. Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs, and if claiming IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet with each reimbursement payment request.
9. Provide a summary list of bidders, recommendation by reviewer of bidders, awarding by governing body and contract agreement to the PROJECT OFFICER prior to requesting reimbursement for costs on contracts requiring a bid process.
10. Provide construction progress photos, including a photo with the construction sign visible on the PROJECT site (see page 28), with all construction payment requests.
11.OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
• breach of any other contract with OGALS
• an unresolved audit exception
• an outstanding conversion
• park sites closed or inadequately maintained
• overdue Project Status Reports
• other unmet grant requirements
34 Payment Request Form Instructions
• All payment request types (reimbursement, final, ADVANCE) require this form. • Payment requests may be submitted by e-mail to the PROJECT OFFICER. • Round all amounts to the nearest whole dollar.
• A Grant Expenditure Form (see page 35) is required with all reimbursement andfinal payment requests.
• Complete the Payment Request Form as follows:
1. PROJECT Number - Number assigned by OGALS when this PROJECT was approved.
2. Contract Number - As shown in Certification of Funding section of the contract
3. APPLICANT - GRANTEE name as shown on the contract
4. PROJECT Title - Name of the PROJECT as shown in the Application
5. Type of Payment – check appropriate box on form
6. Payment Information – always round to the nearest dollar.
7. Send Warrant To - AGENCY name, address and contact person
8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution 35 Payment Request Form
36 Grant Expenditure Form
All payment requests require a summary of costs incurred. An electronic version of the grant expenditure form is available at www.parks.ca.gov/grants. GRANTEES may use their own spreadsheet if it contains the required information shown below. Keep copies of invoices or warrants with the PROJECT records, available to OGALS on request. Only provide the following information to OGALS:
PROJECT Number:
Warrant/
Check #(1) Date(2) Recipient(3) Purpose(4) Pre-Construction Amount(5) Construction
Amount(6)
PRE-CONSTRUCTION Subtotal (5) $
Construction Subtotal (6) $
Grand Total (5) + (6) $
List only ELIGIBLE COSTS charged to the GRANT.
Column (1) Electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column are acceptable. Include an “EP” next to the electronic payment numbers/electronic funds transfer numbers.
If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.
Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked, and a sample timesheet.
Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials.
Column (4) SCOPE item related to the expenditure and a brief description, such as “playground design,” “community center permits,” “walkway materials,” “sports field construction.” Column (5) PRE-CONSTRUCTION costs eligible for up to 25% of the GRANT.
Column (6) DEVELOPMENT costs eligible for up to 100% of GRANT. 37 Project Completion Packet
PROJECT COMPLETION PACKETS must be submitted by March 31st of the year the contract expires.
GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail the documents to the PROJECT OFFICER as separate digital files, labeled as the document item. GRANTEES should follow up with PROJECT OFFICER to confirm documents were received.
The final payment (not less than 20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs:
1. Approval of the PROJECT COMPLETION PACKET (page 37).
2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.
To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents:
1. Payment Request Form (page 35)
2. Grant Expenditure Form (page 35)
3. Final Funding Sources Form (page 20)
4. GHG Emissions Reduction Worksheet (page 24)
5. PROJECT COMPLETION Certification Form (page 38)
6. Photo of the bond act sign and location (page 28)
7. Recorded Deed Restriction, if not already provided (page 29)
8. Completed CEQA, if not already provided (page 21)
9. Notice of Completion (optional)5
10. Audit checklist with items checked that GRANTEE will retain for five years following receipt of final payment (page 50)
For acquisition PROJECTS, the GRANTEE must submit these additional documents:
1. A copy of the recorded deed to the property
2. A map sufficient to verify the description of the property including parcel numbersand acreage
3. Copy of title insurance policy
4. Copy of title report
5 OGALS recommends that the GRANTEE file a Notice of Completion with the County Recorder pursuant to State of California Civil Code §3093. Filing the Notice of Completion is not a PROJECT COMPLETION requirement.
38 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:
Grantee contact for audit purposes
Name:
Address:
Phone: ( ) Email:
Project completion – list the grant scope items:
Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Was a Notice of Completion filed with the County Recorder or other appropriate entity? Yes / No
Certification:
I hereby certify that all Grant funds were expended on the above-named Project and that the Project is complete and we have made final payment for all work done.
I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.
Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.
I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
39 Advance Payments
• OGALS reserves the right to disapprove ADVANCE payment requests. • Past performance, GRANTEE capacity, and the GRANTEE’S financial resources will all be considered before issuing an ADVANCE.
• GRANTEES that are unable to finance a considerable portion of their PROJECTS are encouraged to seek an allocation transfer (page 54).
• ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.
• ADVANCE funds must be placed in an interest-bearing account. Any interest earned on those funds must be spent within six months of receipt.
• The sum of DEVELOPMENT ADVANCES cannot exceed 50% of the PROJECT amount.
Pre-Construction Advance
Payment
Type
Maximum Request When to
Request
Documents to
Send to PROJECT OFFICER
Costs to
be
incurred
in next six
months
Preconstruction
estimate shown on
Development
Project SCOPE/Cost
Estimate Form
After the
contract has
been
encumbered
• Payment Request Form
• ADVANCE justification (see below)
• Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE
SERVICES
Construction Advance
Payment
Type
Maximum
Request
When to
Request
Documents to
Send to PROJECT OFFICER
Costs to
be
incurred
in next six
months
No more than 50%
of the grant
amount.
After the
contract has
been
encumbered,
and
construction
will
commence
during the
next six
months
• Payment Request Form
• ADVANCE justification (see below)
• Bid documents (see page 33,
number 9)
• Copy of signed contract and a
notice to proceed or IN-HOUSE
EMPLOYEE SERVICES schedule
• Filed NOD or NOE (page Error!
Bookmark not defined.)
• Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE
SERVICES
Advance Justification
Provide the following information:
• Explanation as to why an ADVANCE is needed instead of a reimbursement. Describe any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE.
• A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six-month period should begin six to eight weeks after payment request is submitted.
40 • A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit.
• A statement indicating the GRANTEE will put the advanced funds into a separate, interest bearing account, and spend any interest earned on the PROJECT. • An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made available to OGALS on demand.
Clearing the Advance
ADVANCES must be cleared with six months of receipt, or earlier. ADVANCES should be cleared incrementally, that is, as costs are incurred.
An ADVANCE is cleared as follows:
• Submit a grant expenditure form (see page 35) documenting expenditures of eligible costs equal to the ADVANCE amount plus any earned interest (or 125% of the ADVANCE amount if match is required).
• Submit photos of construction completed and the construction sign (see page 28) with the ADVANCE funds (for construction ADVANCES).
• Return the balance of unspent GRANT funds to OGALS no later than thirty days after the end of the six-month ADVANCE period.
• OGALS will then return the GRANT funds to the contract balance. OGALS cannot returninterest to the contract balance.
Subsequent Payments
ADVANCE payments must be cleared before any payments will be approved.
This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment. The following are required to request a waiver:
1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE, explaining why the waiver is needed.
2. A statement in the letter that the majority of ADVANCED funds has been cleared.
3. A payment schedule with month by month estimates detailing the anticipated amountneeded including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.
Acquisition Advance into Escrow
Payment Type When to Request Documents to Send
ADVANCES up to 100% of
the GRANT and MATCH
amounts
After the contract is
encumbered and escrow
is open
See following instructions
1. Escrow letter
2. Title report cover page
3. Payment request form
The following items are required to request an ADVANCE payment into escrow:
1. A letter on the GRANTEE’s letterhead, addressing all of the following elements, and signedby the GRANTEE’s AUTHORIZED REPRESENTATIVE:
41 a) Name, address and telephone number of the title company or escrow holder, andthe escrow account number to which the GRANT funds will be disbursed. b) Copy of the property appraisal and written concurrence (page 14). c) GRANT contract number and amount of GRANT funds requested. d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the PROJECT SCOPE and fulfillment of the contract provisions.” e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” In making this statement, the GRANTEE is entitled to reasonably rely on the representations of the seller.
2. Cover page of the preliminary title report.
3. Payment Request Form. The “Send Warrant To” item 7 on the Payment Request Formmust be completed using the title company’s or escrow holder’s name, mailing address, and contact person (see page 35).
After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.
Returning Unexpended Advanced Funds for Acquisition
If all or a portion of GRANT funds ADVANCED to the title or escrow company are not expended, the unused portion of the ADVANCED funds must be returned to OGALS within 60 days after completion of the acquisitions), within 60 days of the acquisition withdrawal, or within 60 days after the end of the GRANT PERFORMANCE PERIOD, whichever is earliest.
42 Per Capita Contract
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Per Capita Grant Program
GRANTEE: Grantee Name
GRANT PERFORMANCE PERIOD is from July 1, 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 1, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
Total State grant amount not to exceed $ [GRANT amount]
GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
43 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name] (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 20xx to June 30, 20xx.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property bymeans of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guidefor California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in thisCONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after 44 STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of theGrant Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §15000 etseq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Procedural Guide
1. GRANTEE agrees to abide by the PROCEDURALGUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonabletime.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period isidentified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant tothis contract available for inspection upon request by theSTATE. 45 E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of theletter notifying GRANTEE of the award or when the funds are appropriated, whichever is later.After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is notrequired.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but notlimited to court and arbitration costs, fees, expenses of litigation, and reasonable attorneyfees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agentsand employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, oremployees. 46 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event theGRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorneyfees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a juryapportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it hascertified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquiredor developed with the GRANT MONIES, for the duration of the Contract PerformancePeriod.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
47 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grantwas awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.
5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shallnotify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race,color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship,fraud, or other potential loss associated with completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. 48 N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
N. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
O. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
49 Accounting and Audits
Accounting Requirements
GRANTEES must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.
Accounting Rules for Employee Services (IN-HOUSE EMPLOYEESERVICES) GRANTEES must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying theemployee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.
• Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
• May not include overhead or cost allocation. These are costs generally associatedwith supporting an employee, such as rent, personnel support, IT, utilities, etc.
State Audit
Grants are subject to audit by DPR. All PROJECT records must be retained for five years after final payment was issued, or PROJECT terminated, whichever is later.
The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
• All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR. • An employee having knowledge of the PROJECT and its records to assist the DPR auditor.
Record Keeping Recommendation
GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible.
Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements. 50 Audit Checklist
An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make available all PROJECT related records for five years following PROJECT termination or final payment of GRANT funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, contact the State Department of Parks and Recreation Audits Office at (916) 657-0370.
CONTRACTS
□ Summary list of bidders (including individual
bid packages)
□ Recommendation by reviewer of bids
□ Award by governing body (minutes of the
meeting/resolution)
□ Construction contract agreement
□ Contract bonds (bid, performance, payment)
□ Contract change orders
□ Contractor's progress billings
□ Payments to contractor (cancelled checks/
warrants, bank statements, EFT receipts**)
□ Stop Notices (filed by sub-contractors and
release if applicable)
□ Liquidated damages (claimed against the
contractor)
□ Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
□ Authorization/work order identifying project
□ Daily time sheets signed by employee and
supervisor
□ Hourly rate (salary schedules/payroll
register)
□ Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
□ Authorization/work order
□ Daily time records identifying the project site
□ Hourly rate related backup documents
MINOR CONTRACTS/ MATERIALS/
SERVICES/EQUIPMENT RENTALS
□ Purchase orders/Contracts/Service
Agreements
□ Invoices
□ Payments (cancelled checks/ warrants,
bank statements and EFT receipts **)
ACQUISITION
□ Appraisal Report
□ Did the owner accompany the appraiser?
□ 10 year history
□ Statement of just compensation (signed by
seller)
□ Statement of difference (if purchased above
appraisal)
□ Waiver of just compensation (if purchased
below appraisal: signed by seller)
□ Final Escrow Closing Statement
□ Cancelled checks/warrants, bank
statements and EFT receipts, [payment(s) to
seller(s)]
□ GRANT deed (vested to the participant) or
final order of condemnation
□ Title insurance policy (issued to participant)
□ Relocation documents
□ Income (rental, grazing, sale of
improvements, etc.)
INTEREST
□ Schedule of interest earned on State funds
advanced (Interest on grant advances is
accountable, even if commingled in a pooled
fund account and/or interest was never
allocated back to the grant fund.)
AGREEMENT/CONTRACTS
□ Leases, agreements, etc., pertaining to
developed/acquired property
□ Proof of insurance pertaining to
developed/acquired property
* Estimated time expended on the projects is
not acceptable. Actual time records and all
supporting documentation must be maintained
as charges are incurred and made available for
verification at the time of audit.
** Front and back if copied.
51 References
Public Resources Code relating to the Proposition 68 Per Capita program 80000.
This division shall be known, and may be cited, as the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. 80001.
(b) It is the intent of the people of California that all of the following shall occur in the implementation of this division:
(3) To the extent practicable, a project that receives moneys pursuant to this division will include signage informing the public that the project received funds from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018.
(5) To the extent practicable, a project that receives moneys pursuant to this division will provide workforce education and training, contractor, and job opportunities for disadvantaged communities.
(7)To the extent practicable, administering entities should measure or require measurement of greenhouse gas emissions reductions and carbon sequestrations associated with projects that receive moneys pursuant to this division. (8)To the extent practicable, as identified in the “Presidential Memorandum-- Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the public agencies that receive funds pursuant to this division will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, lowincome, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 80002.
(d) “Department” means the Department of Parks and Recreation. (n) “Severely disadvantaged community” means a community with a median household income less than 60 percent of the statewide average.
52 80020.
Moneys allocated pursuant to this division shall not be used to fulfill any mitigation requirements imposed by law.
CHAPTER 3.
80060.
For purposes of this chapter, “district” means any regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4 (commencing with §5780) of Division 5, or any authority formed pursuant to Division 26 (commencing with §35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, “district” also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 (commencing with §71000) of the Water Code. 80061.
(a) The sum of two hundred million dollars ($200,000,000) shall be available to the department, upon appropriation by the Legislature, for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients shall be encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. (b) The sum of fifteen million dollars ($15,000,000) shall be available to the department, upon appropriation by the Legislature, for grants to cities and districts in urbanized counties providing park and recreation services within jurisdictions of 200,000 or less in population. For purposes of this subdivision, “urbanized county” means a county with a population of 500,000 or more. An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under subdivision (a). (c) Unless the project has been identified as serving a severely disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share.
80062.
(a)(1) The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of Section 80061 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each city’s and district’s allocation shall be in the same ratio as the city’s or district’s population is to the combined total of the state’s population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district.
53 (2) On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions.
(b)(1) The department shall allocate 40 percent of the funds available pursuant to subdivision (a) of §80061 to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 (commencing with §35100), and regional open-space districts formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5. (2) Each county’s allocation under paragraph (1) shall be in the same ratio that the county’s population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000). (3) In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional openspace district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district.
(c) For the purpose of making the calculations required by this section, population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district.
(d) The Legislature intends all recipients of funds pursuant to subdivision (a) of §80061 to use those funds to supplement local revenues in existence on the effective date of the act adding this division. To receive an allocation pursuant to subdivision (a) of §80061, the recipient shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction.
A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years.
Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller.
80063.
(a) The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivision (a) of §80061. The application shall be accompanied by certification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be.
(b) To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state project.
54 Allocation Tables
Visit OGALS’ Per Capita webpage at www.parks.ca.gov/percapita for allocations.
Allocation Transfer
Entities that receive an allocation under the Per Capita program may transfer all or part of that allocation to another eligible entity, provided that the following requirements are met:
1. All required documentation must be submitted no later than six months from the end of the encumbrance period.
2. The transferring agency must submit a resolution authorizing the transfer of the allocation. The resolution must name the recipient entity and the transferred amount.6
3. The recipient must be eligible to receive Per Capita funds.
4. The recipient must have submitted the authorizing resolution shown on page 7.
5. The recipient must submit a resolution authorizing the receipt of funds; theresolution must state the donor and the transferred amount.
6 Please contact OGALS for sample transfer and recipient resolutions. 55 Definitions
Capitalized words and terms used in this guide are defined below.
ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.
APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions beginning on page 10.
AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.
CEQA – the California Environmental Quality Act established policies and procedures requiring GRANTEES to identify, disclose to decision makers and the public, and attempt to lessen, significant impacts to environmental and historical resources that may occur as a result of the GRANTEE’S proposed PROJECT. (Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq.) CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.
CONTRACT PERFORMANCE PERIOD – the amount of time stated on the contract agreement, specifying the performance of the contractual grant obligations between the GRANTEE and DPR.
DEVELOPMENT – construction, expansion, or renovation.
DPR – the California Department of Parks and Recreation.
GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s) during the GRANT PERFORMANCE PERIOD.
GRANTEE – an entity having a fully executed contract with DPR.
GRANT PERFORMANCE PERIOD – period of time that eligible costs may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract.
IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’S employees working on the PROJECT SCOPE.
OGALS – DPR’s Office of Grants and Local Services.
PRE-CONSTRUCTION COSTS – costs incurred within the GRANT PERFORMANCE PERIOD for the planning, design, and permit phase of the PROJECT before construction can begin.
PROJECT – the SCOPE as described in the APPLICATION PACKET to be completed with GRANT funds.
PROJECT COMPLETION – when the PROJECT is complete and the facilities are open and useable by the public.
PROJECT COMPLETION PACKET – The documents listed on page 37 that are required in order to request final payment following PROJECT COMPLETION. 56 PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Procedural Guide, and the GRANT contract.
SCOPE – the acquisition, recreation features, and major support amenities described in the APPLICATION PACKET that must be completed prior to final GRANT payment.
TOTAL PROJECT COST – the combined dollar amount of all funding sources used to complete the acquisition, or recreation features and major support amenities described in the APPLICATION PACKET.
DISCUSSION AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. Discussion/Decision regarding Ordinance 2022-01; Amending the Requirements for Election of the Chair of the Planning Commission.
DISCUSSION AGENDA ITEM
February 8, 2022
---------------------------------------------------------------------------------------------------------------- Item: Ordinance 2022-01 amending the requirements for election of the Chair of the Planning Commission.
Background
At their February 17, 2021 meeting, the Planning Commission recommended to the City Council that they consider amending the requirements for the election of the Planning Commission Chair. Then, at the March 9, 2021 City Council meeting, the Council voted to direct staff to prepare an amendment as recommended by the Planning Commission.
However, there was a lot going on at that time and staff had other priorities. Now the Planning Commission is again in the position of having to elect a new Chair.
The current code (§2.20.070) restricts Planning Commissioners from serving multiple two-year terms as Chair unless everyone else on the Commission has already served.
Due to the high turnover and occasional lack of having a full Commission, the Commission has found itself in the position of having to elect someone who is very new and/or who does not want to serve as the Chair. Meetings run more smoothly with a Chair that has experience being on the Commission and who wants to be in that position. There does not seem to be any advantage to requiring turnover of the Planning Commission Chair. The amendment will make the provisions for the election of the Planning Commission Chair similar to those for electing the Mayor.
Attachments
• Ordinance 2022-01 amending the requirements for election of the Chair of the Planning Commission.
Recommended Action:
Approve the first reading of Ordinance 2022-01.
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
ORDINANCE NO. 2022-01
AN ORDINANCE OF THE CITY OF TRINIDAD
AMENDING SECTION 2.20.070 OF TITLE 2 OF THE TRINIDAD MUNICIPAL CODE
RELATING TO THE ELCTION OF THE PLANNING COMMISSION CHAIR ORDINANCE 2022-01, SECTION 1:
Revise Chapter 2.20, Section 2.20.070, Election of chair and vice chair, to read, in context, as follows:
2.20.070 Election of chair and vice chair.
The commission shall elect its chair and vice chair from among the appointed members of the commission.
The chair of the planning commission shall be elected to a two-year term, unless removed by a majority vote of the commission.
PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday February 8, 2022, by the following vote:
First Reading of Ordinance 2022-01: Tuesday February 8, 2022 Second Reading of Ordinance 2022-01:
AYES:
NOES:
ABSTAIN:
Attest:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
Deleted: , on a rotating basis, so that no individual may serve a second term as chair as long as there are
others on the commission who have not so served
DISCUSSION AGENDA ITEM 6
SUPPORTING DOCUMENTATION ATTACHED
6. Discussion/Decision regarding Appointment to Fill the City Council Vacancy through December 2022.
DISCUSSION AGENDA ITEM
Tuesday, February 08, 2022
Item: Discussion/Decision regarding Appointment to Fill the City Council Vacancy through December 2022.
The City received a letter of resignation from Councilmember Tom Davies, effective December 31, 2021 and began recruiting following the Council meeting in January.
Davies was elected to the position in 2018 and will have served 3-years upon resignation. The City must actively seek a replacement for the remainder of his term through December 2022.
The current Councilmember terms are:
Ladwig Term Expires December 2024
West Term Expires December 2024
Kelly Term Expires December 2022
Davies Term Expires December 2022
Grover Term Expires December 2022
Basic eligibility requirements for serving on the City Council are:
- Must reside inside the city limits
- Must be a registered voter, inside the City limits.
The City Council is responsible for appointing a new member to fulfill the remaining term, and may set whatever qualifications, criteria, and experience they feel is necessary for the applicants to have.
AS OF FRIDAY, FEBRUARY 04, 2022, the City received (2) letters of interest. - Robert Mott, MD., 50 Scenic Drive, Retired.
- Mike Morgan, 560 Edwards Street, Owner Trinidad Bay Bed & Breakfast.
Action Requested: Evaluate and make appointment to fill the vacancy through December 2022.
Attachments: Letters of Interest from Mott and Morgan.
February 1st, 2022
Mike Morgan, 560 Edwards Street
www.councilguymike.us
Honorable Councilmembers,
My name is Mike Morgan, and I would appreciate consideration of appointment to the remainder of former Councilmember Davies’ term.
I’m a long-term resident and business owner, an #AmericaFirst Trump🇺🇸 Republican, registered to vote here in the City of Trinidad, California.
Running in November 2022, again 🙃
I want government control out of our wallets, out of our homes, out of our bodies, and off our faces. #MikeMorgan2022 for Councilman, CITY OF TRINIDAD, California #AmericaFirst #MAGAA #BestIsYetToCome
For Wokesters: My pronouns are he/him. I’m a 57 year old, 2nd generation American Caucasian white male, of British-Irish-German-Scandinavian ancestry, with blue eyes and a full, if thinning, head of dark blond hair with some gray.
Elected to the City of Trinidad City Council 2008—2012, I have also served as City of Trinidad Planning Commission Chair before that term, and as a Trinidad Volunteer Fire Department Fire Captain & EMT. Community Service and Support: Trinidad California Tourism and Lodging, Humboldt Lodging Alliance, Humboldt County Tourism Business Improvement District Executive Board, Trinidad Museum Society, Trinidad Civic Club, Trinidad California Saints Martha and Mary Church Leadership, Greater Trinidad Chamber of Commerce President.
Besides remodeling my home and business, the Trinidad Bay Bed and Breakfast Hotel, I also enjoyed starting the Trinidad Town Hall remodel project. I enjoy, and miss, traveling the world, and backpacking in our Trinity Alps Wilderness with my partner Tyler James and friends — Trinidad is still my favorite adventure discovery, and luckily, it is also home.
Thank you for your consideration, Mike 🇺🇸
3 November 2020
24.12% Vote for Trinidad City Councilmember
Humboldt County, PRESIDENTIAL GENERAL ELECTION
10:11AM Runtime 12/01/2020 Rundate trinidad.ca.gov .pdf p8,9 COPY
-------- Forwarded Message --------
Dear City Council,
I write in support of appointing former Councilman, former Planning Commissioner, former Greater Trinidad Chamber of Commerce President, former Trinidad Volunteer Fire Department captain and Trinidad business owner Michael Morgan to Dr. Clompus's vacant seat.
Before you faint, because based on City Closed Session announcements there appears to be City litigation pending with Mr. Morgan, please consider all of the past and present good he has accomplished. When he was in community leadership positions, he always treated colleagues, applicants, members of the public, businesses and customers with the utmost professionalism and courtesy. He was unbiased in his decision making and recommendations in a public forum.
What do you have to lose by encouraging bringing out the best in him now? During the coronavirus challenges, small businesses have been among the worst affected. I don't know the details of the litigation, however because tempers seem to flare in town when visitor lodging is discussed, I expect there has been some turmoil for Mr. Morgan in trying to save his business, which has been an Inn, not an STR, since the mid 1980s and has accommodated many very happy guests.
I remember the horrible and expensive years of litigation for the City and litigants in the 1990s over trails.
On reflection, passions ran high, many harsh pronouncements were made, diverse views were expressed at every Council meeting. Did these personally and professionally destructive lawsuits satisfy anyone? Did they make our beautiful town a better place? Was there a positive outcome? Were they worth the money and agony? I suppose each of us has to try to answer these questions individually. I cannot say that the City, nor the citizenry, grew more content or unified.
This is a different time, with different problems. How about giving Mr. Morgan another chance at being a problem solver, at which he excelled, instead of considering him a trouble maker. We all might be surprised, and, I hope, pleased, at the result.
Best regards and wishes,
Patricia Fleschner
P. O. Box 1010
Trinidad, CA 95570
[email protected]
Subject: Re: Meeting Notice/public comment on item 5, last part of agenda Date: Sun, 12 Dec 2021 15:14:53 -0800
From: [email protected] <[email protected]>
To: Trinidad City Clerk <[email protected]>
CC: [email protected] <[email protected]>
Trinidad Bay Bed and Breakfast Hotel
www.hotel-trinidad-california.com
***********************
CITY COUNCIL
The Trinidad City Council is looking to fill the vacancy left by long-time member Tom Davies. Tom has served 3 years of a 4-year term, expiring December 2022, and leaves only 1-year of service to be filled.
If you've been contemplating ways to volunteer or serve your community, and are looking for the right opportunity to test the water, this is your calling. You must reside AND be a registered voter inside the City limits to qualify. If you would like to discuss the demands of the position, or would like to consider submitting a letter of interest, reach out to the City Clerk's office, by phone: (707) 677-0223, or by email:
[email protected]
DISCUSSION AGENDA ITEM 7
SUPPORTING DOCUMENTATION ATTACHED
7. Discussion/Decision regarding Appointment to Fill the Vacant Resident Member to the Trinidad Trails Advisory Committee.
DISCUSSION AGENDA ITEM
Tuesday, February 08, 2022
Item: Discussion/Decision regarding Trails Committee Appointments.
Background: At the regular meeting on April 13, 2021, the City Council made the following adjustments to the Trails Advisory Committee:
- Appointed city resident Tim Needham to fill a General Public representative vacancy. - Confirmed Planning Commissioner Aaron Hakenen to replace Cheryl Kelly as the Planning Commission Liaison to the Committee.
On December 31, 2021, Councilmember Tom Davies resigned from the Council. Councilmember Jack West was the alternate for Davies to the Trails Committee and therefore assumed the Chairperson role.
On January 11, 2022, Councilmember Cheryl Kelly accepted the role as Committee alternate to West when Council assignments were discussed.
On January 16, resident Gail Kenny resigned from the Committee (letter attached).
The Trails Committee is now currently operating without 1 member; (1) General Public Representative.
The Committee Membership currently consists of:
(1) City Councilmember (Committee Chair) Jack West
(1) Planning Commission liaison Aaron Hakenen
(2) General Public representatives Gail Kenny / Tim Needham (1) Tribal representative of the Yurok Tribe Frankie Myers (1) Tribal representative of the Trinidad Rancheria Shirley Laos (1) Tribal representative of the Tsurai Ancestral Society Kelly Lindgren (1) Visitor Services/Business Community representative Carol Van Der Meer The City announced the resignation via electronic notice. As of Friday, February 04, two letters of interest were received for the General Public representative:
- Anita Thompson, 840 Van Wycke.
- Karyn Menexas, 60 Scenic Drive.
Both candidates have been notified of a possible appointment on February 08, and their attendance was requested.
Side note: The latest, revised version of the Resolution 2019-13 establishing the Trails Advisory Committee calls for members holding “staggered two-year terms” (See No.4, Terms of Office).
Considering periodic difficulties of maintaining full attendance and full-membership, this condition may need further discussion in the near future. The term “staggered” may need clarification as it relates to each member.
Recommended Action: Interview candidates and appoint one member to fill the general public representative position.
Attachments: (1) Letter of Resignation – Kenny, (2) Letters of interests – Menexas & Thompson.
Resolution 2019-13, Establishing the Trails Advisory Committee Workspace Webmail :: Print 2/4/22, 4:15 PM
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Subject: Trails Committee Resignation
From: Gail Kenny <[email protected]>
Date: Sun, Jan 16, 2022 10:37 am
To: Trinidad City Clerk <[email protected]>
Hi Gabe:
Please forward my resignation from the Trinidad Trails Committee to the City Council:
1. The base of the Axel Lindgren Memorial Trail has washed away and needs major repairs. It is impassable for many people.
2. The beginning of the Trinidad Head Trail from the parking lot needs major repairs.
Many of the steps have fallen apart.
3. Trail signage needs to be replaced or updated.
Copyright © 2003-2022. All rights reserved.
Dear Trinidad City Council:
I joined the Trinidad Trails Committee in June 2017 when it was originally formed. As a city resident and daily walker on Trinidad trails, my goal for being on the committee was to give feedback on the conditions of the trails and help form a plan for regular trail maintenance and repair.
The committee met monthly for the first 3.5 years, then went to quarterly meetings. Early on, the committee agreed that there were some major repairs that needed to be done on a few of the trails. In our annual report to the City Council each year, we advised that:
In the 4.5 years I have been on the trails committee, none of these three priorities have been addressed at all, let alone completed. Even though $10,000 has been in the annual budget for trails in the last few years, very little of that money has been spent on trail maintenance.
Much of the work of the committee was creating a Trinidad Trails policy with the intention that it would give guidance to the city maintenance crew in keeping the trails repaired. I believe that policy is stalled at the planning commission level.
At this point, I don’t see any results for my volunteer efforts on the committee, therefore, please accept my resignation from the Trinidad Trails Committee.
Sincerely,
Gail Kenny
Workspace Webmail :: Print 2/4/22, 3:53 PM
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Subject: ATTN: Gabe RE: Letter of Interest Trinidad Trails Advisory Committee From: Anita Thompson <[email protected]>
Date: Thu, Jan 20, 2022 5:10 pm
To: Trinidad City Clerk <[email protected]>
Cc: Cheryl Kelly <[email protected]>, Jack West <[email protected]> Copyright © 2003-2022. All rights reserved.
Anita Thompson
PO Box 585
Trinidad, CA 95570
(951) 440-9592
January 20, 2022
Dear Trinidad City Council:
The purpose of this letter is to request the City of Trinidad to consider me as a candidate for the general public representative position on the Trinidad Trails Advisory Committee.
In the early 1980’s, I was a student at Humboldt State University and I learned to love the trails in Trinidad. I am now a retired high school business teacher and a permanent resident of Trinidad. I have years of experience in collaborating with others. It would be an honor to work for the city to support the trail infrastructure in Trinidad. For years I have been an avid hiker who has walked many trails in several countries. I believe that I have valuable experience to offer this advisory committee.
Thank you for your consideration.
Anita Thompson
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Subject: Trails Advisory Committee
From: karyn menexas <[email protected]>
Date: Thu, Feb 03, 2022 12:57 pm
To: [email protected]
Hello!
I reside within the city limits and utilize the local trails on a regular basis for leisurely activities and to travel to the school and stores in town. I would like to serve on the trail committee. It is important to me the trails are enjoyed by our community and are welcoming to the public.
Thank you for your consideration.
Kind regards,
Karyn Menexas
60 Scenic Drive
917 579-0751
Copyright © 2003-2022. All rights reserved.
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION 2019-13
Revised 10-13-2020, and 03-09-2021
A RESOLUTION AUTHORIZING THE TRAILS ADVISORY COMMITTEE
WHEREAS, the City of Trinidad’s unique location on the coast with panoramic vistas and beautiful beaches makes its trail system a treasured asset for residents and visitors alike; and WHEREAS, trails are important because they provide access to natural and culturally significant areas, for recreation, for scientific study, and for understanding our relationship with nature; and WHEREAS, trails enhance public health and provide a vital medium for community cohesion, they are also serve to bolster the local economy by attracting people to the area, and some of the trails in the City also provide a means of use for alternative transportation; and WHEREAS, the Council established the Trails Advisory Committee as a sub-committee of the City Council on March 22, 2019 to bring members with various viewpoints together to make recommendations to the City Council, City Staff, and Planning Commission on various topics identified below; and NOW, THEREFORE BE IT RESOLVED, the Trinidad City Council hereby adopts a Trails Advisory Committee to hold public meetings in accordance with the Brown Act, and to operate within the framework as follows:
1. PURPOSE: The purpose of the Committee is 1) to advise on matters relating to policies affecting trails in the City of Trinidad, 2) to serve in an advisory capacity to the Council, Commissions, and City Staff, 3) make recommendations during the environmental review process on projects that may involve or affect trails in the City of Trinidad, 4) provide a forum for community engagement, outreach, and education regarding trails, and 5) make recommendations to City Manager and City Council on the maintenance and repair of trails in the City of Trinidad.
2. OBJECTIVES: Committee objectives include; 1) provide a public forum to solicit input from the community on issues or successes related to the maintenance and management of City trails, 2) assist City Staff in evaluating the need for maintenance on the trails throughout the calendar year, 3) make balanced and informed recommendations to the City Council on ways to improve the trails, and 4) report to the Council annually on the Committee meetings, activity, and recommendations.
3. COMMITTEE MEMBERSHIP: The Trails Committee will consist of one City Council representative, one Planning Commissioner, two City residents, one Trinidad Rancheria Representative, one Yurok Tribe Representative, one Tsurai Ancestral Society Representative, and one Visitor Services/Business Representative. The City Council representative will be appointed by the City Council, and will serve as the Committee Chairperson. The Planning Commission will be recommended by the Commission and appointed by the City Council. The Tribal Representatives will be appointed by the appropriate Tribal governments, and will also provide their alternates. The two city residents, as well as the Visitor Services/Business Representative, will be appointed by the City Council in open session based on letters of interest and public interviews.
4. TERMS OF OFFICE: All members will hold staggered two-year terms. Committee members serve at the pleasure of the City Council and may be removed from office by a majority vote of the Council.
5. MEETING DATES: The Trails Committee will meet at minimum quarterly. The meetings will be held on the 3rd Tuesday of January, April, July, and October, with special meetings as needed. The Committee will report to the City Council on a regular basis and present recommendations to the City Council on a quarterly or annual basis as needed.
6. STAFF ASSISTANCE: City Staff will provide agenda preparation, notification, and outreach assistance to the Committee. The Trails Committee may choose a member of the Committee to record the meeting minutes, or request to have a City Staff member to provide the service.
7. ETHICS CODE: All members shall review, accept, and conduct themselves in a manner consistent with the values promoted in the City of Trinidad’s Code of Ethics.
PASSED, APPROVED AND ADOPTED this 12th day of November, 2019 by the following vote:
AYES: West, Miller, Ladwig, Grover, Davies
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
___________________________ ________________________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor