City Council Meeting Agenda: 03-08-2022 Page 1
Posted: Friday, March 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, MARCH 08, 2022, at 6:00 PM
THIS MEETING WILL BE HELD VIA ZOOM VIDEOCONFERENCE
NO CLOSED SESSION SCHEDULED
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: 860 7038 7781 Passcode: 434656 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 – No closed session scheduled. 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 – No closed session scheduled.
VI. RECONVENE TO OPEN SESSION
VII. APPROVAL OF AGENDA
VIII. APPROVAL OF MINUTES – 02-08-2022cc, 02-22-2022 cc2 IX. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
X. STAFF REPORTS – City Manager & Law Enforcement
XI. ITEMS FROM THE FLOOR
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.
City Council Meeting Agenda: 03-08-2022 Page 2
1. Staff Activity Report – February 2022
2. Financial Statements – January 2022
3. Law Enforcement Report – February 2022
4. Stormwater Construction Project Update
XII. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Resolution 2022-04; Rescinding Resolution 2021-14 Increasing the Tourist Occupancy Tax Rate from 10% to 12%.
2. Discussion/Decision regarding First Reading of Ordinance 2021-02; Amending Section 17.56.160 (6.26 as Certified) of the Trinidad Zoning Ordinance Regulating Short-Term Rentals.
3. Discussion/Decision regarding Future Schedule of the Water Advisory Committee.
4. Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings.
5. Discussion/Decision Resolution 2022-05; Opposing Initiative 21-0042A1.
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:
FEBRUARY 08, 2022 CC
FEBRUARY 22, 2022 CC2
Supporting Documentation follows with: 2 PAGES
FEBRUARY 22 MINUTES INCLUDED FOR REVIEW TONIGHT.
FEBRUARY 08 MINUTES WILL BE REVIEWED AT THE NEXT
REGULAR MEETING.
02-22-2022 Second City Council Meeting Minutes Page 1
MINUTES OF THE SECOND REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, FEBRUARY 22, 2022 (ZOOM)
I. CALL TO ORDER
Mayor Ladwig called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Ladwig, Grover, Kelly, and West. City Staff in attendance: City Manager Eli Naffah, City Administrative Tech Anton Souza. Approximately (12) participants were present online at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION
1. 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 IV. RECONVENE TO OPEN SESSION
Nothing to report.
V. APPROVAL OF THE AGENDA
Motion (Grover/West) approve the agenda as submitted. Passed unanimously.
VI. 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. PWA has been hired to located areas within the Luffenholtz Creek watershed adequate for placing additional water storage containers. Ex-resident Jim Baker noted that the County may be able to offer land for free in that area, and I suggest we consider that before considering negotiating with upland property owners. Also suggest putting detailed updates on this project on future meeting agendas, and increasing public outreach.
Mike Morgan – Trinidad
TOT Increase must be submitted to the voters for approval. STR closures in 2020 and 2021 cost the city of tens of thousands of dollars, and should require all city officials to resign.
VII. CONSENT AGENDA - None
X. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Second Reading of Ordinance 2021-01; Amending requirements for Election of Chair of the Planning Commission.
Mayor Ladwig explained that upon approval of the second reading, the ordinance will become effective in 30 days.
Council comments included:
Kelly: Agree that rotation is encouraged, but should not be mandated. Grover agreed.
By consensus, the Council adopted the second reading.
2. Discussion/Decision regarding Appointment to Fill the Council Vacancy through December 2022.
Mayor Ladwig explained that the Council must fill a vacancy left upon resignation of Tom Davies, effective December 31. Two residents applied; Mike Morgan and Jack Tuttle.
Jack Tuttle: Moved here 2 years ago with wife and daughter, from the central valley. Wife’s family is local.
Feel honored to participate and contribute to the City. Been working in the solar industry for 15 years.
Kelly: Any specific areas of interest with the City?
Tuttle: Listening to all the water challenges we’re having, I’m very interested in that topic along with alternative and sustainable energy.
02-22-2022 Second City Council Meeting Minutes Page 2
Public comments/questions:
Mike Morgan – Trinidad
I started volunteering for the City on the Planning Commission. That was a good way to start. Have you ever been elected to a position, served on a board, or ran meetings? I’m also confused about the filing deadline and why it was extended? Who contacted you to join the Council? A letter was apparently sent to Tuttle.
Concerned with the filing deadline being extended. It should not have been extended.
Tuttle: I currently serve on a non-profit board that serves solar industry growth. I’m aware of what it will take to be on this Council. I’ve been looking into volunteering for a while.
City Manager Naffah explained that a letter was sent to all residents, but not businesses, asking them to consider serving on Council and Committee vacancies.
City Attorney Russ Gans explained that there are only 2 obligations to fill the seat, either by appointment, or by holding an election. If an appointment is made, it must be made in open session and the Council is entitled to encourage participation.
Public comment included:
Sherry Provolt – Trinidad
I received letters that Naffah mentioned encouraging volunteers apply. I don’t know much about the closed session litigation, but is it a conflict to have a Councilmember in litigation with the City? Gans noted that it wouldn’t preclude his service, but would require his recusal during discussions of that topic.
Aaron Hakenen – Trinidad
I’d like to hear from both candidates regarding consensus building.
Kelly: Mr. Morgan, what are your areas of focus, and what would you prioritize? Morgan: Because of my hotel, I would prioritize support of STR’s, and also the General Plan update.
Community relations and supporting senior citizens are also important. Our community has both sides, and finding common ground by having all sides represented on the Council will be very helpful. I also believe we should end the unnecessary litigation.
Tuttle: I echo what Morgan said. I look at both sides. I was raised conservatively, but work in a liberal industry. Finding balance is important, and making good decisions by listening to all information is key.
Motion (Grover/Kelly) to appoint Jack Tuttle to fill the vacancy through November 2022. Passed unanimously.
FUTURE AGENDA ITEMS
- TOT Increase Update
- Water Advisory Committee status
ADJOURNMENT: 7:20pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Staff Activity Report – February 2022
City Manager’s Report March 8, 2022 Meeting
Great News:
Staff found out on Friday that the Department of Water Resources has awarded the City $5 million for a new water storage tank and replacing water mains and pipes. More details are in the Project and Grant Report under Small Community Drought Relief Program.
Staff has found out also that the Coastal Commission staff is recommending approval of Trinidad’s Local Coastal Plan grant application at the Commission’s March meeting. Last month the Council approved the resolution authorizing the grant application.
PWA and GHD:
Geologists from Pacific Watershed Associates and our City Engineer from GHD are working on creating Pre-filtration Water Storage sites that could handle tanks in the 500,000 to 1 million gallon range. Vacant parcels greater than 5 acres and within three-quarters of a mile from the Water Plant are viable and being analyzed for this use. This will create water resiliency for the water system where untreated water in the wet season can be stored in tanks for gradual use in the dry season.
Also, representatives from the City along with PWA and GHD visited our existing Treated Water Storage Tank site and determined that there is room for at least one or two additional storage tanks. Treated water storage tanks are part of our recent grant applications.
Water System Loss:
The water system loss reported for February was 18.88%. Grants that the City has recently sought will replace some existing pipes that are old and contribute to the loss of water.
Verizon Cell Site Decommissioning:
A pre-bid meeting was held on March 2nd with prospective contractors, engineers, public works and representatives of Verizon. The existing cell site on Trinidad Head will be decommissioned once the new Westhaven cell tower is operational and cell coverage is up to par.
Decommissioning will entail removing exist equipment and returning the site to its natural condition with native plants. Cultural monitors will be present when any soil is disturbed.
Verizon customers in the greater Trinidad area are encouraged to contact the city to report any change in reception ASAP to assist in assuring adequate coverage going forward.
CalFire Water Service:
Construction is anticipated to commence in April on the water line to serve the CalFire station on Patricks Point Drive. The water line will tie into the existing water connection from the intersection with Main Street. Controlled traffic along Patricks Point Drive will be addressed by the contractor, Solid Rock. Construction should be completed within 3 weeks, weather permitting.
Trinidad Chamber of Commerce:
The Trinidad Chamber of Commerce is looking for new board members in order to continue their mission. Six new board members are being sought; I have volunteered leaving the needed number at five. Residents and businesses of the City and area are encouraged to serve. The Chamber provides a number of events for the community, and it is an exciting way to serve.
The viability of the Chamber is in jeopardy, not financially but volunteer support to serve on the Board and assist in its leadership. We don’t want the Chamber to cease, since it contributes to the vibrancy of our community. Please contact the City if you are interested in becoming a part of the Chamber Board.
CalCities Redwood Empire Division Upcoming Meeting:
The City of Ukiah will host the next Redwood Empire Division meeting on Friday, March 25th.
Following the business meeting will be a tour of their recently completed Downtown Streetscape Project along the old Highway 101 that used to cut through the city. A networking reception and dinner will follow. Any interested councilmembers should let me know if they wish to attend to represent the city.
To: Trinidad City Council
From: Becky Price-Hall, Project & Grant Coordinator
Date: March 4, 2022
Re: March 2022 Project and Grant Report
Grant Application status
• Small Community Drought Relief Program: The grant program called me today to let me know they are emailing a letter of commitment today for $5,079,090 million. The City submitted a grant application on October 4 to the Department of Water Resources for $6,167,453 for the Water System Drought Resiliency Project to improve old AC waterlines and construct a new 300,000 gallon steel water storage tank.
• Multi-Benefit Drought Relief Grant Program: Staff worked with GHD to develop 4 projects for the $13 million grant application, including a new water storage tank, improving water main reliability, installing SMART meters and constructing an emergency intertie with Westhaven Community Services District. The application was submitted on January 14, and award announcements are anticipated in March.
• Drinking Water State Revolving Fund (DWSRF): An initial planning grant application ($500,000) for the Water System Capital Improvement and Resiliency Planning Project was submitted to the Drinking Water State Revolving Fund in December 2020. Staff is working with GHD to complete the Technical, Environmental and Financial application packages in March. The planning project tasks include: identify near term and long-term capital projects to improve reliability and resiliency; engage in regional water resiliency planning; develop concept designs on prioritized projects; prepare CEQA documents; prepare DWSRF construction application for priority projects. • State Parks and Recreation Per Capita Grant Allocation–7 project ideas were suggested in February at the Council meeting, at the Trail Committee meeting and submitted via email. Due to a heavy work load, staff was not able to complete project screening and cost estimates in time for the March Council meeting, so the screened list will be presented at a future meeting. The projects fall into the following categories:
o Trail improvements (railings, steps, and/or signage)
o Vista Point Improvements (bench, signage and or accessibility) o Bicycle facilities – bike racks as shown in the draft Recreation Element o Trail Wayfinding Signage Design and Installation
o Improving accessibility (ADA) on Stagecoach Road to Trinidad State Park parking lot and picnic area.
Existing and new Grant Projects – There is a separate staff report for the Stormwater Project. The tow Housing & Community Development planning grants are moving forward. The Grant Agreement for the Ocean Protection Council Coastal Resilience Planning Grant is awaiting execution. Preliminary engineering for the Highway Safety Improvement Project is underway. Two projects will be wrapped up in March.
• Downtown Trinidad Pedestrian & Connectivity Improvements - This project is close to complete and will be wrapped up in March.
• Local Roadway Safety Plan - The final Local Roadway Safety Plan has been submitted to Caltrans along with the final invoice, so this project is completed.
CONSENT AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Financial Statements – January 2022
CONSENT AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Law Enforcement Report – February 2022
Received only January 31 – February 06 statistics by the packet deadline.
CONSENT AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Stormwater Construction Project Update
CONSENT AGENDA ITEM
Date: March 8, 2022 ________________________________________________________________________ Item: ASBS STORMWATER PROJECT UPDATE
The City of Trinidad is constructing improvements to the stormwater system funded by a Proposition 84 Stormwater Grant and USDA Stormwater funding. The purpose of the project is to eliminate two stormwater discharges (City and the Humboldt State University’s Marine Lab) into the Trinidad Head Area of Special Biological Significance (ASBS) by constructing treatment and infiltration facilities that will intercept and treat the stormwater without discharging into the bay.
As reported at the February meeting, bioswales are being added to the Stormwater Project on Underwood and Hector based on recommendations by the Regional Water Quality Control Board. Bioswales will provide water quality benefits as well as potential regulatory benefits to the City. Three bioswales will be constructed at two places on Underwood and one location on Hector near the intersection with Underwood all within the City’s existing right-of-way. Staff has prepared 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. The revised plans and addendum are attached to this staff report.
Construction has been proceeding 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 Edwards Street and Underwood Drive. It is anticipated that construction will continue on Ewing Street and 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 March. Work at the Marine Lab is expected to be completed in March.
Materials for the project are being delivered and some are stockpiled behind Murphy’s Market and also down at the Harbor parking lot. Construction Updates are usually provided via email every other Friday. Please let the City Clerk know if you would like to be added to this email list.
Recommendation
Informational only, no action needed.
Attachments:
• Revised Project Plans
• CEQA Addendum
5 15 GHD Inc.
7 15 GHD Inc.
Trinidad ASBS Stormwater Improvement Project - Phase 2
CITY OF TRINIDAD Addendum
Planning Department 409 Trinity Street, Trinidad, CA 95570, (707) 677-0223
CEQA ADDENDUM
to a
MITIGATED NEGATIVE DECLARATION
PROJECT: Trinidad ASBS Stormwater Improvement Project - Phase 2 LEAD AGENCY: City of Trinidad
Planning Department
409 Trinity Street, P.O. Box 390, Trinidad, CA 95570
(707) 677-0223, Fax: (707) 677-3759
LEAD AGENCY CONTACT PERSON:
Becky Price-Hall, Grant Manager
(707) 499-6454
PERMIT NUMBER: Trinidad 2019-12
SCH NUMBER: 2019059011
PROJECT LOCATION: Ewing, Underwood, Van Wycke, Galindo and Edwards Rights-of-Way, and Harbor Area (APN 042-071-009).
PROJECT PROPONENT / PROPERTY OWNER:
City of Trinidad
409 Trinity Street, P.O. Box 390
Trinidad, CA 95570
(707) 677-0223
PROJECT SUMMARY: The proposed project includes decommissioning the existing stormwater outfall and replacing it with a system of localized stormwater treatment chambers infiltration basins and bioswales. The intent of the design is to treat and dispose of stormwater closer to the areas of stormwater generation, which allows for a more distributed network of stormwater infrastructure that can be tailored to the anticipated runoff volumes generated by the contributing sub-watersheds. In addition, the proposed project includes infrastructure to provide pollutant removal and capture of stormwater runoff. The treatment units are designed to remove oil, dirt, and trash from the stormwater, and are sized to allow the flow from the 50-year, 24-hour storm event through the unit. Stormwater is then infiltrated into native soils after leaving the treatment unit. The project includes primary treatment systems located prior to each infiltration unit along or near Ewing Street, Underwood Drive, Edwards Street and the Trinidad ASBS Stormwater Improvement Project - Phase 2
Trinidad Harbor parking area. The project also includes installation of a new stormwater drainage pipe that connects to the existing pipe at the intersection of Galindo and Van Wycke, along Van Wycke and then down Edwards to the Harbor infiltration system. The existing storm drain pipe between the intersection of Van Wycke and Galindo and the existing outfall will be abandoned in place.
SURROUNDING LAND USES AND SETTING: The City of Trinidad is a small community located on a coastal terrace above the Pacific Ocean. The project occurs mostly within City rights-of-way through residential areas. The improvements on Ewing Street are located near the Humboldt State University Marine Lab and Trinidad Beach State Park. The treatment system located within the Harbor parking area will be on or near land designed as Open Space and Commercial that is currently used for public parking and coastal access.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. ¨ Aesthetics
¨ Agriculture and
Forestry Resources ¨ Air Quality
¨ Biological Resources ¨ Cultural Resources ¨ Energy
¨ Geology/Soils ¨ Greenhouse Gas
Emissions
¨ Hazards & Hazardous
Materials
¨ Hydrology/Water
Quality ¨ Land Use/Planning ¨ Mineral Resources
¨ Noise ¨ Population/Housing ¨ Public Services
¨ Recreation ¨ Transportation ¨ Tribal Cultural Resources ¨ Utilities/Service
Systems
¨ Mandatory Findings of
Significance x None
PROJECT INFORMATION:
1. SUMMARY OF THIS DOCUMENT
This addendum assesses the environmental impact(s) of the proposed revisions to the Trinidad ASBS Stormwater Improvement Project (Project), as required by the California Environmental Quality Act (CEQA) (California Public Resources Code 21000 et seq.) and in compliance with the State CEQA Guidelines (14 California Code of Regulations 15000 et seq.) Sections 15162 and 15164. The original Mitigated Negative Declaration was adopted by the Trinidad Planning Commission via Resolution #02-2019 on June 19, Trinidad ASBS Stormwater Improvement Project - Phase 2
2019 and the Grading Permit and Coastal Development Permit were approved on November 20, 2019.
This Addendum is an informational document, intended to be used in the planning and decision making process as provided for under Section 15164 of the CEQA Guidelines.
This Addendum neither recommends approval or denial of the proposed revisions to the Project nor will it be the sole basis for the City’s action on the revised project. The fundamental conclusion of this addendum is that the proposed changes to the original project will not result in new significant impacts nor substantially increase the severity of previously disclosed impacts beyond those already identified in the original project.
Thus, a subsequent or supplemental Negative Declaration need not be prepared.
2. CEQA REQUIREMENTS
An Initial Study is generally prepared by a lead agency to determine whether a project may have a significant effect on the environment. An Initial Study and Negative Declaration (IS/ND) or Mitigated Negative Declaration (IS/MND) may be prepared instead of an Environmental Impact Report (EIR) if the project’s significant environmental effects can be reduced to less than significant levels through the adoption of mitigation measures. Once an IS/MND for a particular project has been approved, that IS/MND is conclusively presumed valid unless a lawsuit to challenge the IS/MND is filed in a timely manner. (Pub. Res. Code, § 21167.2.) Once an IS/MND has been adopted for a project, no subsequent IS/MND is required and an addendum may be prepared “if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration of occurred.” Those conditions are determined “on the basis of substantial evidence in the light of the whole record,” and include the following:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
Trinidad ASBS Stormwater Improvement Project - Phase 2
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines, §§ 15162(a)(1)-(3); see also Pub. Res. Code, § 21166.)
If a subsequent EIR or IS/MND is not required, the lead agency may document its decision and supporting evidence in an addendum to the EIR or IS/MND. (CEQA Guidelines, §§ 15164(b), (c), (d), (e)) The addendum and lead agency’s findings should include a “brief explanation of the decision not to prepare a subsequent EIR [or IS/MND],” and the explanation “must be supported by substantial evidence.” (CEQA Guidelines, § 15164(e).) “An addendum need not be circulated for public review,” but must be considered by the lead agency prior to making a decision on the project. (Id., § 15164(c)-(d).)
3. PROJECT REVISIONS:
The City of Trinidad has prepared this Addendum to the Trinidad ASBS Stormwater Improvement Project – Phase 2 Initial Study/Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines.
Three bioswales are being added to the Stormwater Project on Underwood Drive and Hector Street to add water quality benefits to the City’s stormwater improvement project. In addition, the infiltration chamber on Underwood is being moved to the northwest within the right-of-way, and approximately 500 ft. of additional, mountable curb is being added to the outside of the northwest portion of Underwood. Finally, the configuration and angle of the large infiltration chambers in the harbor parking lot was adjusted based on property boundaries, but it is still the same area and location, so no impacts will change as result of that.
Two bioswales will be constructed at two separate places on Underwood and one bioswale will be constructed on Hector near the intersection with Underwood. All three bioswales and related components are within the City’s existing right-of-way and adjacent to and complimentary to other components of the City’s Stormwater Project.
All three bioswales intercept stormwater surface flow, providing a Low impact development, or LID, stormwater management practice to capture, treat, and infiltrate stormwater runoff. These LID features capture runoff, promote natural infiltration, and process pollutants through natural biological activity in soil, rendering some pollutants Trinidad ASBS Stormwater Improvement Project - Phase 2
less toxic per the Humboldt Low Impact Development Stormwater Manual updated in August 2021.
Each vegetated bioswale is shallow and 8 feet wide, with varying lengths depending on the location. Vegetation in the channel provides filtration and solids removal and reduces flow velocities as stormwater is conveyed through the system. They incorporate open pavers with grass vegetation covering the bottom and side slopes. These bioswales are designed to encourage infiltration, decreasing runoff volume and providing additional filtration. Each bioswale has a drainage outlet so that for larger storm events that could overwhelm a bioswale, the stormwater is collected and conveyed to either additional LID treatments such as the rain garden at the intersection of Hector and Underwood, or else to one of the pretreatment chambers incorporated into the City’s stormwater improvement project.
The first bioswale on North Underwood Drive (adjacent to 854 Underwood Drive) is approximately 80 linear feet in length and 8 feet wide. It is on the East side of the road adjacent to the relocated treatment chamber and infiltration gallery at the same location.
The outlet of the bioswale is collected and piped to the pretreatment unit, and then the infiltration gallery near the same location. Total additional disturbance area is approximately 1,000 square feet and approximately 100 cubic yards of excavation.
The second bioswale on Underwood Drive and third bioswale on Hector Street are both near the intersection where the existing rain garden is located and where the infiltration was originally located. The second bioswale on Underwood Drive is approximately 60 linear feet in length and 8 feet wide. It is on the South side of the road. Approximately 25 feet of new asphalt curb will help direct flow to the bioswale from the west, and the outlet from the bioswale will carry additional stormwater to the east via a concrete swale approximately 60 linear feet in length to the existing concrete swale that conveys stormwater to the rain garden in the middle of the intersection. Total additional disturbance area is approximately 900 square feet and approximately 70 cubic yards of excavation.
The third bioswale on Hector is approximately 35 linear feet in length and 8 feet wide.
The outlet of the bioswale is collected and piped to the pretreatment unit, and then the infiltration gallery near the same location. Total additional disturbance area is approximately 700 square feet and approximately 40 cubic yards of excavation.
4. ANALYSIS
The City has determined that no subsequent EIR or negative declaration is required for this Project based on the following analysis.
Trinidad ASBS Stormwater Improvement Project - Phase 2
As described above, the revised project involves the relocation of the infiltration chamber on Underwood to the northwest of the original location, the addition of curb to the outside of Underwood, and the addition of three bioswales on Underwood. The project will result in a greater area of soil disturbance, but treatment of a greater volume of stormwater. However, work is still occurring within the City’s developed right-ofway in previously disturbed areas, adjacent to existing residential development.
Overall, the project will improve water quality in the City of Trinidad and Trinidad Bay by eliminating the discharge of untreated stormwater into the Bay.
The following is a brief analysis by CEQA topic. Topics not mentioned have no change to the impacts, all of which were already found to be less than significant.
Aesthetics: The vegetated bioswales are at ground level and will be located on the roadway shoulder in areas currently vegetated with grass and small forbs. The infiltration chamber is located underground. Therefore, there are no additional aesthetic impacts.
Air quality: The increased ground disturbance could increase the potential for release of particulate matter (dust). However, construction is occurring during the wet season, when the potential for air quality impacts is minimal. In addition, Mitigation Measure 3 (erosion control – see below) will ensure impacts are less than significant.
Biological Resources: The project revisions on the northwest end of Underwood and the bioswale on Hector are outside of the original Area of Potential Effect that was surveyed for biological resources. However, the project components are still within the developed right-of-way. No sensitive resources have been previously identified in the immediate vicinity and would not be expected due to the existing disturbance regime.
In addition, Mitigation Measure 1 (biological resources) requires nesting bird surveys to be completed prior any woody vegetation removal, but no woody vegetation will need to be removed due to the revisions. All disturbed areas will either be repaved or revegetated with a native seed mix, which will ensure impacts are less than significant.
Cultural Resources/Tribal Cultural Resources: Again, the project revisions will increase the area and volume of disturbance within the developed Underwood right-of-way.
Essentially, the entire City of Trinidad is considered to have the potential for cultural and historic resources. Mitigation Measure 2 requires a cultural monitor to be onsite during all ground disturbing activities. And there is already a NAGPRA Plan of Action in place that include inadvertent discovery protocols, ensure the impacts are less than significant.
Energy/Greenhouse Gasses (GHG): The new project elements will increase the construction activities associated with the project. However, the entire project is modest Trinidad ASBS Stormwater Improvement Project - Phase 2
in size, and the project revisions will not cause a substantial increase in energy use or GHG emissions.
Geology and Soils: The project revisions will not be in an area subject to geologic hazards. The geotechnical and groundwater studies that were completed included the entire project area, including the revisions. Mitigation Measure 3 will require that erosion and sediment controls be in place during construction, which will ensure that impacts are less than significant.
Hydrology and Water Quality: The project revisions will have beneficial impacts to water quality by increasing the amount of stormwater treated in the new bioswales.
Mitigation Measure 3 will require that erosion and sediment controls be in place during construction, which will ensure that impacts are less than significant. In addition, Mitigation Measure 4 (construction dewatering protocol) will ensure that any groundwater encountered during construction is appropriately treated.
Noise: The project revisions will increase the area of construction which will increase the area exposed to temporary construction noise. However, the new project areas will not be any closer to sensitive receptors than the original project. In addition, Mitigation Measure 5 (noise reduction actions) will ensure that impacts remain less than significant.
Traffic: The project changes will result in more construction on Underwood Drive and the corner of Hector. Underwood is a dead-end, residential street with minimal traffic.
Mitigation Measure 6 (traffic control plan) will ensure that impacts remain less than significant.
As described above, the proposed changes are not substantial. The impacts are of the same nature and intensity of the impacts analyzed in the MND. No new impacts are anticipated. Impacts related to ground disturbance have been adequately mitigated to reduce the impacts to less the significant. Those mitigation measures apply to the proposed revisions and will adequately serve to reduce the impacts to less than significant.
The environmental setting of the project and location circumstances have not changed since adoption of the MND. No new information has been obtained that there will be any impacts not already analyzed in the MND. Impacts from the revised project are of the same magnitude as the original project. No new alternatives or mitigation measures or project alternatives have been identified that would reduce project impacts; impacts are already mitigated to less than significant.
Conclusion
This Addendum has determined that none of the conditions requiring preparation of an EIR or new negative declaration have occurred and that the changes proposed would Trinidad ASBS Stormwater Improvement Project - Phase 2
not result in any significant impacts. Therefore, as provided by CEQA, this Addendum is the appropriate documentation to address the changes to the project.
MITIGATION MEASURES, MONITORING, AND REPORTING PROGRAM
Section 4 – Biological Resources
Mitigation Measure 1 – Biological Resource Protection Measures.
1. If construction activities occur during the nesting season (February 1 – August 15), a nesting bird survey shall be conducted prior to removal of woody vegetation.
2. Disturbed areas along the project right-of-way will be re-seeded with native, locally sourced vegetation that is compatible with the local coastal environment.
Timing for Implementation/Compliance: During construction.
Person/Agency Responsible for Monitoring: Contractor, City Manager, Qualified Professional.
Monitoring Frequency: Plans reviewed once. During
construction activities.
Evidence of Compliance: Site inspections.
Section 5 – Cultural Resources
Mitigation Measure 2 – Cultural Resource Protection Measures
1. A Monitoring Plan / NAGPRA Plan of Action shall be put in place prior to permit approval, thereby setting up a formal agreement between stakeholders regarding the plan for items discovered and excavated dirt removed during project construction. The plan will be developed with input from the NAHC, Yurok Tribe, Trinidad Rancheria, and the Tsurai Ancestral Society.
2. Any grading or earthwork activities within the project area shall be monitored by tribally appointed monitor(s).
3. Cultural resource monitors shall be empowered to halt heavy equipment operations in the event that significant cultural features or human remains are uncovered. Construction activities in the immediate vicinity will be delayed Trinidad ASBS Stormwater Improvement Project - Phase 2
until an archaeologist, qualified to the Secretary of Interior Standards, has assessed the significance of the find.
4. The cultural resource monitor(s) shall be kept informed by the contractor of the ground disturbance schedule. Field notes shall be kept by the monitor(s) and a brief letter report of the monitoring effort filed with the Northwest Information Center.
Timing for Implementation/Compliance:
At the time of CDP/DR
application. During ground
disturbing activities.
Person/Agency Responsible for Monitoring:
City Manager, Contractor,
Tribal Representative, and
Professional Archaeologist.
Monitoring Frequency: Ongoing. During ground
disturbing activities.
Evidence of Compliance: CDP approval. Site
inspections.
Section 6 – Geology and Soils
Mitigation Measure 3: Erosion Control. An erosion control plan will be included as part of the Grading Permit application. At a minimum the following erosion control actions shall be included in the plan and implemented by the construction contractor to prevent soil erosion and sedimentation during construction. Erosion and sediment control actions will be in effect and maintained by the contractor on a year-round basis until all disturbed areas are stabilized.
• At all times during construction activities, the contractor shall minimize the area disturbed by excavation, grading, or earth moving to prevent the release of excessive fugitive dust. During periods of high winds (i.e. wind speed sufficient that fugitive dust leaves the site) contractor shall cover or treat areas of exposed soil and active portions of the construction site to prevent fugitive dust.
• No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wind, or rain erosion and dispersion.
Material handling on and offsite shall be required to comply with California Vehicle Code Sec. 23114 with regard to covering loads to prevent materials spills onto public roads.
• All construction equipment shall be equipped and maintained to meet applicable EPA and CARB emission requirements for the duration of construction activities.
Trinidad ASBS Stormwater Improvement Project - Phase 2
• Throughout construction, contractor shall maintain adjacent paved areas free of visible soil, sand or other debris.
• If stockpiled on or offsite, or if rain is expected, soil and aggregate materials shall be covered with secured plastic sheeting and runoff shall be diverted around them.
• Drainage courses, creeks, or catch basins shall be protected with straw bales, silt fences, and/or straw wattles.
• Storm drain inlets shall be protected from sediment-laden runoff with sand bag barriers, filter fabric fences, straw wattles, block and gravel filters, and excavated drop inlet sediment traps.
• Vehicle and equipment parking and vehicle maintenance shall be conducted in designated areas away from creeks or storm drain inlets. • Major maintenance, repair, and washing of vehicles and other equipment shall be conducted offsite or in a designated and controlled area. • Construction debris, plant and organic material, trash, and hazardous materials shall be collected and properly disposed.
• Any areas of bare soil disturbed during construction that are not paved will be re-seeded or planted with native vegetation or a locally appropriate seed mix.
Timing for Implementation/Compliance: At the time of CDP/Grading Permit application.
Person/Agency Responsible for Monitoring: City Engineer, Contractor.
Monitoring Frequency: Plans reviewed once. During
construction activities.
Evidence of Compliance: Issuance of CDP and Grading
Permit and site inspections.
Section 9 – Hydrology and Water Quality
Mitigation 4 – Construction Dewatering Protocol: Excavation and below grade work will be scheduled during summer/fall to coincide with the period of the lowest groundwater levels at the site and the timeframe with the least chance for rainfall. If groundwater is encountered, the contractor, in coordination with the City will evaluate options for dewatering management. If dewatering is necessary, one or more Trinidad ASBS Stormwater Improvement Project - Phase 2
of the following management options shall be used by the construction contractor to protect water quality:
• Reuse the water on-site for dust control, compaction, or irrigation, as appropriate. • Retain the water on-site in a grassy or porous area to allow infiltration/evaporation.
• Discharge (by permit) to a sanitary sewer or storm drain (this option may require a temporary method to filter sediment-laden water prior to discharge). If discharge to a storm drain (i.e., surface waters) is the only feasible option, the project will comply with Water Board requirements for construction dewatering.
Actions may include characterizing the discharge and receiving waters and developing a BMP Plan including filtering methods, monitoring and reporting requirements, and a description of the pump systems proposed to remove groundwater and maintain a dry work area.
Timing for Implementation/Compliance:
At the time of CDP /
grading permit application,
and during construction.
Person/Agency Responsible for Monitoring: City Engineer and Contractor.
Monitoring Frequency:
Plans reviewed once.
During construction
activities.
Evidence of Compliance: Issuance of CDP/Grading
Permit and site inspections.
Section 12 – Noise
Mitigation Measure 5 – Noise Reduction Actions: During project construction, the following actions will be incorporated into the project to reduce daytime noise impacts to the maximum feasible extent:
• A preconstruction meeting (or conference call) will be held among the City of Trinidad, construction manager, and the general contractor to confirm that the following noise reduction practices are to be implemented in the appropriate phase of construction.
• Hours of construction will typically be limited 7:00 a.m. to 6:00 p.m. Monday through Friday, unless other hours are specified by the City Engineer. No construction would occur on weekends except with permission from the City as needed to keep the project on schedule.
• Semi-stationary equipment (e.g., generators, compressors, etc.) will be located as far as possible from residences.
Trinidad ASBS Stormwater Improvement Project - Phase 2
• Quietest available equipment and electrically-powered equipment will be used, rather than internal combustion engines where feasible. • Equipment and on-site trucks used for project construction will be equipped with properly functioning noise control devices such as mufflers, shields, and shrouds.
All construction equipment will be inspected by construction personnel at periodic intervals to ensure proper maintenance and resulting lower noise levels. • Impact tools (e.g., jack hammers, pavement breakers, rock drills) used for project construction will be hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust from pneumatically powered tools.
Timing for Implementation/Compliance:
At the time of CDP
application and during
construction.
Person/Agency Responsible for Monitoring: City Manager, City Engineer and Contractor.
Monitoring Frequency: Plans reviewed once. During
construction activities.
Evidence of Compliance: Issuance of CDP and site
inspections.
Section 16 – Traffic
Mitigation Measure 6: Traffic Control Plan: In coordination with the City of Trinidad, the construction contractor shall develop an approved traffic control plan prior to the commencement of construction. Elements of this plan shall be implemented as necessary and appropriate for construction. The plan shall include, but not be limited to:
• Adherence to City and Caltrans traffic management standards. • Location(s) of designated project construction staging area(s) for equipment/materials storage and construction worker parking. • Temporary replacement parking for residents during the construction period, if needed.
• Detour routes will be used in order to maintain access throughout the City and to the coastline during project construction.
• Use of flagging and signage during construction of the retaining wall improvements, materials delivery, and/or movement of construction equipment in any private or public roadway.
• Provisions to maintain unobstructed access for law enforcement, fire department, or other official or emergency personnel and vehicles.
Trinidad ASBS Stormwater Improvement Project - Phase 2
Timing for Implementation/Compliance: Prior to construction.
Person/Agency Responsible for Monitoring: City Engineer, City Manager and Contractor.
Monitoring Frequency: Plans reviewed once. During
construction activities.
Evidence of Compliance: Issuance of construction
contract and site inspections.
DISCUSSION AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Discussion/Decision regarding Resolution 2022-04; Rescinding Resolution 2021-14 Increasing the Tourist Occupancy Tax Rate from 10% to 12%.
TRINIDAD CITY HALL Gabriel Adams, City Clerk
P.O. Box 390 Steve Ladwig, Mayor
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
RESOLUTION NO. 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TRINIDAD, CALIFORNIA, RESCINDING RESOLUTION NO. 2021-14
WHEREAS, the City Council of the City of Trinidad, State of California, adopted resolution 2021-14 on November 9, 2021, entitled “A Resolution of the Trinidad City Council to increase the Tourist Occupancy Tax Rate to 12% Effective January 1, 2022”, related to the collection of increased Tourist Occupancy Tax (“TOT”); WHEREAS, the City Tax Administrator has elected not to collect TOT taxes at the increased rate recited in Resolution No. 2021-14 following further direction and instruction from the City Council; WHEREAS, the City Tax Administrator seeks the Council’s direction to rescind Resolution No. 2021-14 and commission staff to review and propose TOT Ordinance amendments for Council consideration and potential submission to the electorate for the City of Trinidad for voter approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Trinidad, California, as follows:
1. That Resolution No. 2021-14 is hereby rescinded; and
2. City staff is directed to review, consider and propose amendments to the City of Trinidad TOT Ordinance for City Council consideration at a future Council meeting and, to the extent required by applicable law, submission to the voters of the City of Trinidad for approval and/or ratification.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Trinidad at a regular meeting thereof on March 8, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest: Approved:
_________________________ _________________________
Gabriel Adams, City Clerk Steve Ladwig, Mayor
To: All Subject to City of Trinidad Tourist Occupancy Tax (T.O.T.) Date: February 28, 2022
Re: Resolution 2021-14 – T.O.T. - TOURIST OCCUPANCY TAX RATE TO 12% Preliminary Action by City Tax Administrator
_________________________________________________________________________ You are receiving this letter because you are involved in transactions with the City of Trinidad Tourist Occupancy Tax (TOT). (Trinidad Municipal Code Chapter 3.20) As you may know, Resolution 2021-14 was adopted by the City Council on November 9, 2021, which was entitled “A RESOULTION OF THE TRINIDAD CITY COUNCIL TO INCREASE THE TOURIST OCCUPANCY TAX RATE TO 12% EFFECTIVE JANUARY 01, 2022” (see attached).
The City Manager and City Tax Administrator (City Clerk), upon consultation with the City Attorney’s office, has determined at this time to not implement the TOT increase to 12% as provided for in Resolution 2021-14. The matter will be presented to the City Council for consideration and potential rescission of the Resolution at a future City Council meeting.
This is preliminary action by the City Tax Administrator. As such, please be advised that the City Tax Administrator at this time intends to collect the TOT at the previous rate set by the TOT Ordinance (i.e., 10%) from and after January 1, 2022, not at the increased rate. We apologize for any inconvenience this may create.
Should you have any questions please do not hesitate to contact me.
Sincerely,
Eli Naffah
City Manager
City of Trinidad
DISCUSSION AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Discussion/Decision regarding First Reading of Ordinance 2021-02; Amending Section 17.56.160 (6.26 as Certified) of the Trinidad Zoning Ordinance Regulating Short-Term Rentals.
DISCUSSION AGENDA ITEM
March 8, 2022
---------------------------------------------------------------------------------------------------------------- Item: STR Ordinance Revision
At the February 8, 2022 meeting, the City Council discussed the STR Ordinance amendment recommended by the Planning Commission as well as other suggestions.
The City Council expressed their satisfaction with, and support of the amendments recommended by the Planning Commission and did not want to complicate the revision with further amendments. The City Council directed staff to prepare the amendment for the first reading at the March 8 meeting. I did make one change in addition to those recommended by the Planning Commission, which was to write out Local Contact Person rather than using the acronym LCP. This was suggested by Coastal Commission staff to avoid confusion with the more commonly used LCP as an acronym for Local Coastal Program.
Attachments
• Amended STR Ordinance (16 pages)
Recommended Action:
Approve the first reading of Ordinance #2022-02 amending Section 17.56.160 (6.26 as certified) of the Trinidad Zoning Ordinance regulating Short Term Rentals. p. 1 of 16
DRAFT Final STR Ordinance Amendment July March 2021
ORDINANCE #2022-02
AN ORDINANCE OF THE CITY OF TRINIDAD
AMENDING SECTION 17.56.190 OF TITLE 17 OF THE TRINIDAD MUNICIPAL CODE REGULATING SHORT TERM RENTALS (AMENDING SECTION 6.26 OF
THE COASTAL COMMISSION CERTIFIED ZONING ORDINANCE)
ORDINANCE 2022-02, SECTION 1:
Revise Chapter 17.56, Section 17.56.190, Regulations for Short Term Rentals, to read, in context, as follows:
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. p. 2 of 16
DRAFT Final STR Ordinance Amendment July March 2021
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 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. p. 3 of 16
DRAFT Final STR Ordinance Amendment July March 2021
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 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
p. 4 of 16
DRAFT Final STR Ordinance Amendment July March 2021
“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.
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 p. 5 of 16
DRAFT Final STR Ordinance Amendment July March 2021
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 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).
p. 6 of 16
DRAFT Final STR Ordinance Amendment July March 2021
Each STR must designate a Local Contact Person on the STR License form. That person may be the owner or the pProperty mManager. The LCPLocal Contact Person may designate a temporary LCPLocal Contact Person for a specific rental night(s); that designation must be reported to the City at least 24 hours before the rental date. The LCPLocal Contact Person, 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.
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 LCPLocal Contact Person designee shall use the same Contact Phone Number as the LCPLocal Contact Person. c. Distribution of Contact Information
The name of the LCPLocal Contact Person 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 LCPLocal Contact Person is not forthcoming. If there is an emergency or complaint, and the LCPLocal Contact Person 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 p. 7 of 16
DRAFT Final STR Ordinance Amendment July March 2021
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 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.
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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.
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 p. 9 of 16
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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.
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.
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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 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 p. 11 of 16
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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.
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.
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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.
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 p. 13 of 16
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to by all parties involved, dispute resolution should be conducted through Humboldt Mediation Services.
17.56.190 (6.26).Q Administrative Standards and Rules
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.
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(d) Occupants shall be fined if they do not rectify the situation within 30 minutes after being contacted by the Local Contact Person. 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.
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Examples of significant violations include, but are not limited to:
(i) Failure of the local contact person, owner or manager Local Contact Person 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 Local Contact Person 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
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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.
PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday March 8, 2022, by the following vote:
First Reading of Ordinance 2022-02: Tuesday March 8, 2022 Second Reading of Ordinance 2022-01:
AYES:
NOES:
ABSTAIN:
Attest:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
DISCUSSION AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Discussion/Decision regarding Future Schedule of the Water Advisory Committee.
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 - 02
A RESOLUTION AUTHORIZING THE WATER ADVISORY COMMITTEE
WHEREAS, the City has an obligation to assure that clean and potable water is available for the residents, businesses, visitors, buildings, and properties of the City of Trinidad; and WHEREAS, the current source of water provided to the City of Trinidad is from Luffenholtz Creek which can be impacted by drought, climate change, and other stream users; and WHEREAS, the City of Trinidad desires to explore supplemental sources of water to create resiliency; and WHEREAS, the City of Trinidad desires to improve its water infrastructure including storage and distribution; and
NOW, THEREFORE BE IT RESOLVED, the Trinidad City Council hereby forms a Water 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 evaluate water needs of the City, 2) analyze potential options of water sources and infrastructure, and 3) assist the Council in pursuing waterrelated opportunities including funding.
2. OBJECTIVES: Committee objectives include; 1) provide a public forum to address and discuss water concerns and solutions, 2) assist the City Manager and Public Works Department in addressing waterrelated issues, 3) make balanced and informed recommendations to the City Council on ways to improve the supply of water, and 4) report to the Council regularly.
3. COMMITTEE MEMBERSHIP: The Water Advisory Committee will consist of (2) City Council members, (1) Planning Commissioner, and (2) City of Trinidad water customers. The Council Members and the Planning Commissioner shall vote and select one of their own to serve as the committee Chairperson.
4. TERMS OF OFFICE: The Council Members and the Planning Commissioner will hold two-year terms.
5. MEETING DATES: The Water Advisory Committee will meet monthly or on an as needed basis (either more or less frequently depending on need).
6. STAFF ASSISTANCE: City Staff will provide agenda preparation, notification, and outreach assistance to the Committee. The Water Advisory 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 by the City Council on the 13th day of April, 2021 by the following vote:
Ayes: Ladwig, West, Clompus, Davies, Grover
Noes: None
Abstain: None
Absent: None
Attest:
_________________________ _________________________
Gabriel Adams Steve Ladwig
City Clerk Mayor
DISCUSSION AGENDA ITEM 4
NO SUPPORTING DOCUMENTATION ATTACHED
4. Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings.
No information was submitted for this item.
DISCUSSION AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. Discussion/Decision Resolution 2022-05; Opposing Initiative 21-0042A1.
TRINIDAD CITY HALL Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION 2022-05
OPPOSING INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
THEREFORE, BE IT RESOLVED that the City of Trinidad, opposes Initiative 21-0042A1.
THEREFORE, BE IT FURTHER RESOLVED, that the City of Trinidad will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.
PASSED, APPROVED, AND ADOPTED this day 8th day of March, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest: Approved:
_________________________ _________________________
Gabriel Adams, City Clerk Steve Ladwig, Mayor
The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.
Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.
Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.