Trinidad City Council
May 24, 2022

City Council Meeting Agenda: 05-24-2022 Page 1
Posted: Friday, May 20, 2022

NOTICE AND CALL OF A SECOND REGULAR MEETING

OF THE TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, MAY 24, 2022, at 6:00 PM

NO CLOSED SESSION
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: 857 3035 5857 Passcode: 155241 I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. 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.

V. CONSENT AGENDA - None
XII. DISCUSSION/ACTION AGENDA ITEMS

1. Presentation/Discussion from Humboldt County Planning Regarding the Regional Climate Action Plan.

2. Discussion/Decision to Schedule a Government-to-Government Meeting with the Trinidad Rancheria.

3. Discussion/Decision regarding First Reading of Ordinance 2022-02; Organics Reduction and Recycling Ordinance.

4. 2022 General Election Calendar and Upcoming Deadlines.

5. Discussion/Decision regarding Distribution of T.O.T. Funds to Community Organizations

6. Continued Discussion/Presentation regarding FY2022-2023 Budget.

XIII. FUTURE AGENDA ITEMS
XIV. ADJOURNMENT
DISCUSSION AGENDA ITEM 1

NO SUPPORTING DOCUMENTATION ATTACHED

1. Presentation/Discussion from Humboldt County Planning Regarding the Regional Climate Action Plan.

The City of Trinidad will welcome Humboldt County Planning, Senior Supervising Planner Michael Richardson to present the most recent draft of the Regional Climate Action Plan (CAP).

AGENDA ITEM
May 24, 2022
---------------------------------------------------------------------------------------------------------------- Item: Regional CAP
Summary
City staff have been participating in the development of a Regional Climate Action Plan (CAP) that has been spearheaded by Humboldt County and Redwood Coast Energy Authority (RCEA) with all seven cities in the County participating in and supporting the endeavor. Trinidad is so small that the commitments and benefits of the plan for the City are minimal, but it is still an important project. The County is getting ready to start environmental review of the CAP under the California Environmental Quality Act. Once the Board of Supervises gives the go-ahead, County staff will prepare an Environmental Impact Report, which will undergo its own public review process. The City may eventually adopt the County’s EIR and then the CAP.

No decision from the Council is needed at this meeting. This is an opportunity for the Council and the public to ask questions and provide input on the current draft prior to preparation of the final draft that will undergo environmental review.

The CAP can be accessed at the following link:
https://humboldtgov.org/2464/Climate-Action-Plan
Background
In early 2019, staff from the Humboldt County Planning & Building Department convened a group of staff from the seven cities within the county and RCEA to begin work on a regional CAP. Later that year, a Memorandum of Understanding was adopted, committing the County and the seven cities to develop a CAP with a greenhouse gas target, inventory and reduction measures. The primary goal of the CAP is to reduce greenhouse gas (GHG) emissions from local sources, because the scientific consensus is that significant reductions in human-caused GHG emissions are needed by the mid-21st century to prevent the most catastrophic effects of climate change.

The CAP begins with an inventory of baseline GHG emissions for the region in 2015 which leads to an understanding of where emissions are being generated and begins to reveal where effective emission-reduction strategies might be targeted. The inventory shows most local emissions come from transportation (53%), a difficult sector to address. Most of the remaining emissions are from livestock (13%), stationary combustion sources such as the use of natural gas and propane within buildings (12%), and electricity consumption (11%). Geographically, emission sources loosely follow population figures, so Humboldt County with more than half of the region’s population contributes the most (61%), followed by the Cities of Eureka (18%) and Arcata (12%). All the other cities combined contribute less than 10% of the countywide GHG emissions.

Based on the inventory results, the CAP makes forecasts of what countywide GHG emissions will be in the future out to the year 2040. It compares the projected emissions to the statewide target and proposes measures that can be implemented locally to hit that target. The primary GHG reduction measures identified in the CAP will result in measurable, quantifiable reductions in emissions. Supporting measures are qualitative measures that are difficult to quantify but will still contribute to achieving local GHG reductions.

The top measures in the CAP that achieve the most local GHG emissions reductions by the year 2030 include:
• Measures 1.1.1.2 and 1.1.1.3: Replacing gas powered vehicles with electric vehicles will reduce annual emissions by 69,301 million metric tons of carbon dioxide equivalent (MTCO2e).
• Measures 3.2.1.1 and 3.2.1.2: Replacing gas/propane residential water heating systems with electrically-powered systems will reduce emissions annually by 38,623 MTCO2e.
• Measure 3.2.6.1: Replacing gas/propane commercial heating systems with electrically-powered systems will reduce emissions annually by 20,928 MTCO2e.

Other measures include things like promoting transit, carpooling and rideshares, improving active transportation infrastructure for pedestrian and bicyclists, and increasing recycling opportunities. While the measures included in the CAP are geared towards reducing GHG emissions, many will also result in environmental or economic “cobenefits,” including improvements to public health.

The CAP also discusses some GHG reduction measures that have not yet been quantified, but with further study may make important contributions to meeting the GHG reduction targets. For example, wetland restoration and enhancement projects such as those in the sloughs around Humboldt Bay are highly effective in sequestering additional carbon over time and holding it out of the atmosphere for long periods. Wetland restoration and enhancement projects also achieve the co-benefits of improvements in aquatic diversity and ecosystem health and productivity, and increase the resilience of these biologically rich systems to climate warming and sea level rise.

Implementation of the measures in the CAP will require the jurisdictions adopt new ordinances, programs and projects. City staff have started incorporating CAP goals and policies into the general plan update. The targets for each jurisdiction can be found in Appendix B. Monitoring is an important aspect of the CAP to ensure the region is on track to achieve the GHG reduction targets. The CAP assumes regular updates of the baseline information at least once every five years to track the community’s progress on CAP implementation.

If statewide targets are met, jurisdictions may use the CAP to streamline the analysis of project-level GHG emissions during environmental review, pursuant to CEQA Guidelines Section 15183.5. Projects that are consistent with the CAP have no further GHG impact analysis requirements, which could save applicants thousands of dollars in permitting large projects. This would be a huge advantage for larger communities and is the primary reason that a quantified CAP was developed. The CEQA streamlining will have limited applicability in Trinidad, but Trinidad’s commitments are also limited.

A series of public workshops were held to help identify the proposed GHG reduction measures for the CAP and staff has presented the draft CAP to a number of city councils.

Public comment and suggestions from these meetings have been incorporated into the draft CAP. Also, the environmental review phase of the CAP will include a broad public engagement effort with agencies, community organizations, Native American Tribes and community members to ensure the CAP measures have as much public support as possible heading into the environmental review phase.

Action
This item requests the City Council and the public consider the draft CAP prior to the County beginning the environmental review phase of its adoption by the County and all the cities. A more careful and thorough review of the document will occur when the Planning Commission and City Council hold public hearings considering adoption of the CAP after environmental review is complete, which is anticipated to begin in September, 2022. There will also be ample opportunity for public review of the draft CAP throughout the environmental review process prior to those future public hearings.

Workspace Webmail :: Print 5/20/22, 4:30 PM
https://email16.secureserver.net/view_print_multi.php?uidArray=34784|INBOX&aEmlPart=0 Page 1 of 2 Print | Close Window
Subject: Regional Climate Action Plan - Public Review Draft From: Trever Parker <[email protected]>
Date: Wed, Apr 20, 2022 4:33 pm
To:
"[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Dave Grover <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Tristan Cole <[email protected]> Cc: Trinidad City Manager <[email protected]>, cityclerk <[email protected]>, "[email protected]" <[email protected]>
Attach: Outlook-xrz4a1nz.png
Good afternoon,
I am emailing to let you know that a draft Regional Climate Action Plan (CAP) is available for public review (link below). City staff have been working with staff from the County, other local jurisdictions, Redwood Coast Energy Authority, and consultants to develop this plan. We plan on providing additional information at the May 10 City Council meeting with representatives from the CAP working group. Although not listed on the website, and introductory presentation was made to the Trinidad City Council on May 11, 2021, and a PowerPoint slideshow can be found in that packet on the City's website (https://trinidad.ca.gov/sites/trinidad.ca.gov/files/library/05-11- 2021%20cc%20packet.pdf). The public comment period will go to the end of May. Please feel free to forward this to anyone you think might be interested. https://humboldtgov.org/2464/Climate-Action-Plan
Let me know if you have any questions.

Trever Parker, AICP
Senior Planner
Trinidad City Planner
Climate Action Plan | Humboldt County, CA - Official Website The County is coordinating with other local agencies to develop a regional Climate Action Plan (CAP) to reduce greenhouse gas (GHG) emissions throughout Humboldt County. The plan will explore locally-oriented strategies to reduce emissions from vehicle travel, livestock, electricity consumption and other sources of GHGs. This page provides background on Climate Action Plans, and specifically ...
humboldtgov.org
DISCUSSION AGENDA ITEM 2

NO SUPPORTING DOCUMENTATION ATTACHED

2. Discussion/Decision to Schedule a Government-to-Government Meeting with the Trinidad Rancheria.

Workspace Webmail :: Print 5/20/22, 3:44 PM
https://email16.secureserver.net/view_print_multi.php?uidArray=35565|INBOX&aEmlPart=0 Page 1 of 2 Print | Close Window
Subject: Fwd: Trinidad Rancheria Request for Government to Government Consultation From: Eli Naffah <[email protected]>
Date: Thu, May 19, 2022 9:08 am
To: Gabriel Adams <[email protected]>
Attach: image001.jpg
3600-P5 J52 566 City of Trinidad Federal Responsibility Acknowledgement.pdf Gabe:

Include this email and attachment for the agenda item setting up a G2G Ad Hoc committee and choosing 2 council members for the committee.

Thanks,
Eli
Eli Naffah
City Manager
Trinidad, CA
707-677-3876
Begin forwarded message:
> From: Jacque Hostler-Carmesin <[email protected]> > Date: May 10, 2022 at 10:04:29 AM PDT
> To: [email protected], [email protected], Tribal Council <[email protected]> > Cc: Eli Naffah <[email protected]>, Amy Atkins <[email protected]>, "Timothy C. Seward" <[email protected]>
> Subject: Trinidad Rancheria Request for Government to Government Consultation >
> -
> Dear Mayor Ladwig, and Mayor Pro-tem West,
> On behalf of Trinidad Rancheria Tribal Chairman and Council, we are requesting formal Government to Government Consultation and request a meeting regarding the upcoming Trinidad Rancheria Harbor Projects, including the Trinidad Memorial Lighthouse Project, the TR Stormwater Project, and the TR Interpretive Center Project. We are very concerned with statements made by the Yurok Tribe, the City Council Ad-Hoc Committee, and the City Manager in the Government to Government Meeting with the Yurok Tribe on May 2.
> Please let us know your availability for a meeting as soon as possible. We would also request that Mayor Ladwig, and Mayor Pro-Tem Jack West be present at this meeting. If this is not possible, we would request an open agenda item on the agenda of the City Council Meeting on June 14, 2022.
> Attached, please see a letter from the Bureau of Indian Affairs, (BIA) Area Director, Amy Dutschke, dated 05/02/22, to Trever Parker, City Planner addressing the issue with the City’s Stormwater Project. This letter clearly addresses the issues we have encountered with our projects and “reaffirms that all Federally recognized Tribal Governments within the jurisdiction of the BIA Pacific Region, are sovereign with distinct capacities to engage in the partnerships necessary to advance the priorities, objectives and goals of their constituents.”
> We look forward to meeting with you and resolving this matter that continues to be debated with the City Council. > Best Regards,
>
> Jacque
>
>
> Jacque Hostler-Carmesin
> Chief Executive Officer
> Trinidad Rancheria
> 707.677.0211 x2736
>
>
> This message is intended only for the use of the individuals to which this e-mail is addressed, and may contain information that DISCUSSION AGENDA ITEM 3

NO SUPPORTING DOCUMENTATION ATTACHED

3. Discussion/Decision regarding First Reading of Ordinance 2022-02; Organics Reduction and Recycling Ordinance.

City Manager Eli Naffah will introduce the proposed ordinance.

Ordinances require two readings not less than 5 days apart to become effective. If the first reading is accepted tonight and no substantive changes are required, the second reading will be scheduled for the regular meeting on June 14.

Recommended action: Waive full reading and adopt second reading of Ordinance 2022-02 by title only, Establishing the Organics Reduction and Recycling Ordinance. -1-
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
ORDINANCE 2022-02

ORGANICS REDUCTION AND RECYCLING ORDINANCE

TABLE OF CONTENTS
SECTION 1. PURPOSE AND FINDINGS..........................................................................2 SECTION 2. TITLE OF ORDINANCE................................................................................4 SECTION 3. DEFINITIONS................................................................................................4 SECTION 4. REQUIREMENTS FOR COMMERCIAL EDIBLE FOODGENERATORS ..15 SECTION 5. REQUIREMENTS FOR FOOD RECOVERYORGANIZATIONS AND SERVICES.......................................................................................................................17 SECTION 6. REQUIREMENTS FOR REGULATED HAULERS ANDFACILITY OPERATORS ..................................................................................................................18 SECTION 7. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS.........20 SECTION 8. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE
REQUIREMENTS...........................................................................................................21 SECTION 9. INSPECTIONS AND INVESTIGATIONS....................................................22 SECTION 10. ENFORCEMENT.......................................................................................23 SECTION 11. SEVERABILITY ........................................................................................25 SECTION 12. EFFECTIVE DATE OF ORDINANCE 2022-02 .........................................26 -2-
ORDINANCE 2022-02: ORGANICS REDUCTION

AND RECYCLING ORDINANCE
The City Council of the City of Trinidad does ordain as follows:

SECTION 1. PURPOSE AND FINDINGS
(a) The purpose of this Ordinance is to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators. This Ordinance repeals seeks to provide a single framework to achieve its purposes and comply with various state laws as set forth below.
(b) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (approved by the Governor of the State of California on September 29, 1989, which among other things, added Division 30 (Section 40000, et seq.) to the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(c) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling service and requires jurisdictions to implement a Mandatory Commercial Recycling program.
(d) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter

12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of Solid Waste, recycling, and Organic Waste per week to arrange for recycling service for those materials, requires counties and cities to implement a recycling program to divert Organic Waste from businesses subject to the law, and to implement a Mandatory Commercial Organics Recycling program.
(e) State organics recycling law, Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016 (approved by the Governor of the State of -3-
California on September 19, 2016, which added Sections 39730.5, 39730.6, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), took effect on January 1, 2017 and sets Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of statewide Organic Waste disposal reduction targets with compliance required beginning January 1, 2022. (f) In furtherance of the food recovery objectives of the laws noted above and to reduce legal risks associated with food recovery, the State food donation law, Assembly Bill 1219 of 2017, the California Good Samaritan Food Donation Act of 2017 (approved by the Governor of the State of California on October 9, 2017, which amended Section 1714.25 of the Civil Code, amended Section 58502 of, and repealed Section 58506 of, the Food and Agricultural Code, and amended Sections 114432, 114433, and 114434 of, and added Section 114435 to, the Health and Safety Code, as amended, supplemented, superseded and replaced from time to time), provides additional protections for entities that donate and distribute food for human consumption.
(g) By January 1, 2022, the SB 1383 Regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations. (h) It is in the public interest for haulers, processors, facility operators, businesses, institutions, and the public to work together to advance the goals in the state legislation noted above.
-4-
SECTION 2. TITLE OF ORDINANCE
This Ordinance is titled “Organics Reduction and Recycling Ordinance”.

SECTION 3. DEFINITIONS
The following definitions govern the use of terms in this Ordinance:
(a) “Back-Haul” means generating and transporting Organic Waste to a destination owned and operated by a generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). (b) “C&D” means construction and demolition debris.
(c) “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.
(d) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (e) “Certification of Recycling Service Form” means documentation certifying that a Commercial Business does not subscribe to collection services for Compost Containers and/or Recycling Containers because the Commercial Business has arranged for collection of its Source Separated Compost Container Organic Waste and/or Source Separated Recyclable Materials by self-hauling, Back-Haul -5-
contracting with a third-party hauler, or shares service with another Commercial Business.
(f) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, institution or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or a MultiFamily Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).
(g) “Commercial Edible Food Generator” includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined herein or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). (h) “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (i) “Compliance Review” means a review of records by the Enforcement Agency to evaluate compliance with this Ordinance.
(j) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Waste that is Source Separated from the municipal Solid Waste stream, or whichis separated at a centralized facility.
(k) “Compost Container” has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Compost Container Organic Waste.
(l) “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 and D6868 standards for compostability and are certified by the Biodegradable Products Institute (BPI) or similar third-party approved by the WMA and are approved by the City of Trinidad for placement in the Compost Container.
(m) “Container Contamination” or “Contaminated Container” means a container, regardless of type, which contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(n) “Designee” means an entity that the City of Trinidad contracts with or otherwise arranges to carry out or assist with any of the City of Trinidad with the SB 1383 Regulations or administration or enforcement of this Ordinance. A Designee may be a governmententity, a private entity, or a combination of those entities. (o) “Edible Food” means food intended for human consumption, or as otherwise -6-
defined in 14 CCR Section 18982(a)(18). For the purposes of this Ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code Section 113700, et seq. (p) “Enforcement Action" means an action of the relevant Enforcement Agency to address non-compliance with this Ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (q) “Enforcement Agency” means an entity with the authority to enforce part, or all of this Ordinance as specified herein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this Ordinance. Nothing in this Ordinance authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity.
(r) “Excluded Waste” means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City of Trinidad and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the reasonable opinion of the City of Trinidad or a Regulated Hauler operating in Trinidad would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Trinidad or a Regulated Hauler to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City of Trinidad’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City of Trinidad or the Regulated Hauler providing service to the generator. -7-
(s) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(t) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(u) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(v) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Ordinance. (w) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (x) “Food Scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. (y) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations ofothers based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(z) “Food-Soiled Paper” is compostable paper material that has come in contact with -8-
food or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes, and is approved by the applicable the City of Trinidad for placement in the Compost Container.
(aa) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plasticsin combination or separately.
(bb) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(cc) “Hauler Route” means the designated itinerary or sequence of stops for each segment of a Trinidad’s collection service area, or as otherwise defined in 14 CCR Section 18982(a) (31.5).
(dd) “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.
(ee) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(ff) “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
(gg) “Inspection” means an Enforcement Agency’s electronic or on-site review ofrecords, containers, and an entity’s collection, handling, recycling, or landfilldisposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Ordinance, or as otherwise defined in14 CCR Section 18982(a)(35).
(hh)“Landfill Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Landfill Container Waste.
(ii) “Landfill Container Waste” means Solid Waste that is collected in a LandfillContainer that is part of a three-container or three-plus container collection service that prohibits the placement of Organic Waste in the Landfill Container as specifiedin 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section -9-
17402(a) (6.5). (Three container collection service refers to service collecting materials in Landfill Containers, Organics Containers, and Recycling Containers.) (jj) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Ordinance. For the purposes of this definition of Large Event, “local agency” means all public agencies except those that are not subject to the regulatory authority of the City of Trinidad.
(kk) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation. For purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Ordinance.
(ll) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a) (11.5).
(mm) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five or more dwelling units. Multi-Family premises are considered a distinct type of Commercial Business for the purposes of implementing this Ordinance. Consistent with the SB 1383 Regulations, residential premises that consist of fewer than five units are not “Multi-Family” and instead are “Single-Family” for the purposes of implementing this Ordinance. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered other types of Commercial Businesses. (nn) “MWELO” is the Model Water Efficient Landscape Ordinance. (oo) “Non-Compostable Paper” includes, but is not limited to, paper that is coated, lined or treated with a non-compostable material, or otherwise unacceptable to the compostable materials handling facility processing the material. -10-
(pp) “Non-Local Entity” means the following entities that are not subject to the City of Trinidad’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Public universities located within the boundaries of the City of Trinidad, including Cal Poly Humboldt’s Telonicher Marine Lab.
(2) Federal facilities located within the boundaries of the City of Trinidad, including Bureau of Land Management facilities.
(3) Facilities operated by the State Park system located within the boundaries of the City of Trinidad, including Trinidad State Beach.
(qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable materials including but not limited to recyclable food and beverage glass containers, metal (aluminum and steel) food and beverage cans, HDPE (high density polyethylene) bottles and PET (polyethylene terephthalate) bottles, and other materials specified in 14 CCR Section 18982(a)(43). (rr) “Notice of Violation” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. (ss) “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). (tt) “Organic Waste Generator” means a Person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(uu) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (vv) “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever, or as otherwise defined in Public Resources Code Section 40170.
-11-
(ww) “Printing and Writing Paper” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(xx) “Prohibited Container Contaminants” includes all of the following: (i) materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the Recycling Container; (ii) materials placed in the Compost Container that are not identified as acceptable Source Separated Compost Container Organic Waste for the Compost Container; (iii) materials placed in the Landfill Container that are acceptable Source Separated Recyclable Materials and/or acceptable Source Separated Compost Container Organic Waste that can be placed in the Compost Container and/or Recycling Container; and, (iv) Excluded Waste placed in any container.
(yy) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (zz) “Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials and Source Separated Recycling Container Organic Waste.
(aaa) “Regulated Hauler” means a Person that collects Solid Waste (other than Solid Waste generated by a permitted building project) originating in Trinidad from Compost Containers, Recycling Containers, and/or Landfill Containers, and does so under a contract, franchise agreement, or permit with the City of Trinidad. (bbb) “Remote Monitoring” means the use of mechanical or electronic devices to identify the types of materials in Recycling Containers, Compost Containers, and/or Landfill Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (ccc) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(ddd) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical or electronic Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
-12-
(eee) “SB 1383” means Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016.
(fff) “SB 1383 Regulations” means or refers to, for the purposes of this Ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (ggg) “Self-Hauler” means a Person, who hauls Solid Waste, Organic Waste or recyclable material they have generated to another Person for disposition as allowed by the City of Trinidad and otherwise in accordance with all applicable laws. Self-Hauler also includes a Person who Back-Hauls such materials, and as otherwise defined in 14 CCR Section 18982(a)(66).
(hhh) “Single-Family” means, for purposes of this Ordinance, of, from, or pertaining to any residential premises with fewer than five units.
(iii) “Solid Waste” has the same meaning as defined in Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code.
(jjj) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstreamin the form of raw material for new, reused, or reconstituted products, which meetthe quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Ordinance, -13-
Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Landfill Container Waste or other Solid Waste for the purposes of collection and processing.
(kkk) “Source Separated Compost Container Organic Waste” means Source Separated Organic Waste that can be placed in a Compost Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Recycling Container Organic Waste, carpets, NonCompostable Paper, and textiles. (lll) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Recycling Container Organic Waste. (mmm) “Source Separated Recycling Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Recycling Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables, as defined herein or as otherwise defined in Sections 18982(a)(43) and 18982(a)(46). Source Separated Recycling Container Organic Waste shall include materials as determined by the City of Trinidad and includes unsoiled Paper Products and Printing and Writing Paper.
(nnn) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(ooo) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Ordinance.
(ppp) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
-14-
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(qqq) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
-15-
SECTION 4. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD

GENERATORS
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 7 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or such later deadline established by State law or regulations. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024, or such later deadline established by State law or regulations.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed.
(2) Enter into a contract or other written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection for Food Recovery of Edible Food that would otherwise be disposed; or (ii) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organization or Food Recovery Service on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the Food Recovery Organization or Service.
(4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
(5) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(6) Allow the Enforcement Agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4.
(7) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or Food Recovery Organization -16-
that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this Ordinance.
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or selfhauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(D) If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to Section 7(c)(2), a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.
(8) Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators shall provide, upon request, a Food Recovery report to the Enforcement Agency that includes the information in Section 7(c)(7). Entities shall provide the requested information within 60 days of the request.
(d) Nothing in this Ordinance shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 commencing with Section 49580 to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time); or (2) otherwise applicable food safety and handling laws and regulations. (e) Nothing in this Ordinance prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
(f) The Enforcement Agency for the provisions of this section is the City of Trinidad. -17-
SECTION 5. REQUIREMENTS FOR FOOD RECOVERY

ORGANIZATIONS AND SERVICES
(a) Nothing in this Ordinance prohibits a Food Recovery Service or Food Recovery Organization from refusing to accept edible food from a Commercial Edible Food Generator, in accordance with 14 CCR Section 18990.2(d). (b) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(c) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in Trinidad and contract with or have written -18-
agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City of Trinidad the total pounds of Edible Food recovered from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) according to the following schedule: (i) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022 to June 30, 2022; and (ii) no later than March 31, 2023, and no later than every March 31thereafter, submit a report covering the period of January 1 to December 31 of theprevious calendar year.
(e) In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in Trinidad shall provide, upon request, information and consultation to the City of Trinidad regarding existing, or proposed new or expanded, Food Recovery capacity in a form that can be provided to or that can be accessed by the City of Trinidad. A Food Recovery Service or Food Recovery Organization contacted by the Enforcement Agency shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Enforcement Agency.
(f) The Enforcement Agency for the provisions of this section is TrinidadCity of Trinidad.

SECTION 6. REQUIREMENTS FOR REGULATED HAULERS AND

FACILITY OPERATORS
(a) Requirements for Regulated Haulers.
(1) A Regulated Hauler providing Single-Family, Commercial, or industrial Organic Waste collection service to generators within Trinidad shall meet the following requirements and standards in connection with collectionof Organic Waste:
(A) Through written notice to the City of Trinidad annually on or before March 31, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Compost Container Organic Waste if applicable.
(B) Transport Source Separated Recyclable Materials to a facility that recycles those materials and transport Source Separated Compost Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) Obtain approval from the City of Trinidad to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a -19-
manner that complies with 14 CCR Section 18989.1 and any City of Trinidad rules.
(2) Within the boundaries of Trinidad in which it has customers, a Regulated Hauler collecting Organic Waste shall:
(A) Up to four times per year, provide reports to the City of Trinidad on Commercial Business account information and service levels in a form to be specified by the Trinidad.
(B) Assist in the dissemination of SB 1383 educational materials to Single-Family and Commercial Business accounts.
(C) At least annually and during new staff on-boarding, train Regulated Hauler’s customer service representatives and account
managers/recycling coordinators serving Organic Waste Generators in Trinidad on any generator requirements.
(D) Provide quarterly reports to the City of Trinidad identifying SingleFamily and Commercial accounts that are subscribed to Landfill Container collection service, Recycling Container service, and/or Compost Container collection service. If a Regulated Hauler providing Landfill Container collection service does not offer Recycling Container Collection Service and/or Compost Container collection service to its Landfill Container collection service customers, the requirements of subsection (D) and (E) shall not apply with respect to those customers and the type(s) of service that is not offered.
(E) Inform generators when Container Contamination is observed by the Regulated Hauler.
(F) If requested by the Enforcement Agency, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver.
(G) Provide Commercial Business accounts with interactive assistance such as employee trainings, in a virtual or in-person format, when Recycling Container collection service or Composting Container collection service is added, or upon request.
-20-
(3) The Enforcement Agency for this section is the City of Trinidad. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon request from the City of Trinidad, provide within 60 days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
(2) Community Composting operators shall, upon request from the City of Trinidad, provide within 60 days information to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of OrganicWaste anticipated to be handled at the Community Composting operation.
(3) The Enforcement Agency for the provisions of this section is the City of Trinidad.

SECTION 7. COMPLIANCE WITH CALGREEN RECYCLING

REQUIREMENTS
(a) Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to Jurisdiction’s building and/or planning code for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the Jurisdiction’s permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. -21-
(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Jurisdiction’s C&D ordinance, and all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

SECTION 8. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE

REQUIREMENTS
(a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch. (b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7 (c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
(B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for -22-
beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
(2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 14(a) shall consult the full MWELO for all requirements. (d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

SECTION 9. INSPECTIONS AND INVESTIGATIONS
The Enforcement Agency is authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with the provisions of this Ordinance for which it has enforcement authority by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, Regulated Haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

This section does not allow entry in a private residential dwelling unit for Inspection. (a) A Person subject to the requirements of this Ordinance shall provide or arrange for access during all Inspections (with the exception of a private residential dwelling unit) and shall cooperate with the Enforcement Agency during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, inspection of Edible Food Recovery activities, review of required records, or other verification or Inspection to confirm compliance with any other requirement of this Ordinance. Failure to provide or arrange for: (i) access to the premises; or (ii) access to records for any Inspection or investigation is a violation of this Ordinance and may result in penalties . (b) Any records obtained by the Enforcement Agency during Inspections and other -23-
reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
(c) The Enforcement Agency is authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals ofthis Ordinance, subject to applicable laws.
(d) The Enforcement Agency shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this Ordinance. (e) The Enforcement Agency is the City of Trinidad and any Designee authorized by Trinidad to enforce one or more sections of this Ordinance.

SECTION 10. ENFORCEMENT
Violation of any provision of this Ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Agency.

Enforcement Actions under this Ordinance are issuance of an administrative citation and assessment of a fine. The Enforcement Agency’s procedures on imposition of administrative citations and fines as contained shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this Ordinance and any rule or regulation adopted pursuant to this Ordinance, except as otherwise indicated in this Ordinance. (a) Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The Enforcement Agency may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The Enforcement Agency may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Enforcement Agency staff and resources.
(b) Process for Enforcement
(1) All provisions of this Ordinance may be enforced beginning on January 1, 2024:
(2) The Enforcement Agency will monitor compliance with this Ordinance through Compliance Reviews, investigation of complaints,and an inspection program.
(3) The Enforcement Agency may issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the Enforcement Agency shall commence an action to -24-
impose penalties, via an administrative citation and fine, pursuant to the Enforcement Agency’s standard procedures.
(c) Penalty Amounts for Violations
The penalty levels are as follows:
(1) For a first violation, the amount of the penalty shall be $50 to $100 per violation, or such higher amount as may be established by the Enforcement Agency.
(2) For a second violation, the amount of the penalty shall be $100 to $200 per violation, or such higher amount as may be established by the Enforcement Agency.
(3) For a third or subsequent violation, the amount of the penalty shall be $250 to $500 per violation, or such higher amount as may be established by the Enforcement Agency.
(d) Compliance Deadline Extension Considerations
The Enforcement Agency may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.
(2) Delays not within the control of respondent or their agents in obtaining discretionary permits or other government agency approvals; or, (e) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed in the administrative citation and consistent with the Enforcement Agency’s appeal procedures. (f) Education Period for Non-Compliance
With respect to provisions of this Ordinance subject to enforcement starting January 1, 2024, the Enforcement Agency will, prior to that date, conduct Inspections, Compliance Reviews, and other enforcement investigative actions depending upon the type of regulated entity, to determine compliance, and if the Enforcement Agency determines that Organic Waste Generator, Self-Hauler, Regulated Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Ordinance and a notice -25-
that compliance is required and that violations may be subject to administrative citations, penalties, or other remedies starting on January 1, 2024. (g) Civil Penalties for Non-Compliance
If the Enforcement Agency determines that an Organic Waste Generator, SelfHauler, Regulated Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Ordinance, it may document the noncompliance or violation, issue a Notice of Violation, and/or take Enforcement Action pursuant to this section, as needed and consistent with the enforcement commencement dates set forth above.
(h) The Enforcement Agency for the provisions of this section is the City of Trinidad and any Designee authorized by the City of Trinidad to enforce one or more sections of this Ordinance.

SECTION 11. SEVERABILITY
If any provision of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such invalidity shall not affect the remaining provisions or application of the remaining provisions of this Ordinance, which can be given effect without the invalid provisions or application.
-26-
SECTION 12. EFFECTIVE DATE OF ORDINANCE 2022-02
PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday, March 24, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

Attest:

Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
First Reading of Ordinance 2022-02: Tuesday, March 24, 2022 Second Reading of Ordinance 2022-02:

DISCUSSION AGENDA ITEM 4

NO SUPPORTING DOCUMENTATION ATTACHED

4. 2022 General Election Calendar and Upcoming Deadlines.

City Clerk Gabriel Adams will summarize information included in the packet regarding the upcoming November 2022 Election Schedule.

DISCUSSION/ACTION AGENDA
Date: Tuesday, May 24, 2022
NOVEMBER 2022 CITY ELECTION CALENDAR
June
• Prepare/Present/Announce the upcoming election season calendar • Propose First Reading of Amended Occupancy Tax Ordinance.

July
• Second Reading of Amended Occupancy Tax Ordinance
• Adopt Resolution Directing Staff to Prepare Occupancy Tax Increase Ballot Measure • Publish Election Notice for (3) Upcoming November Council Seats & Sales Tax Election • Candidate Nomination Period opens.

August
• Filing period for City Council Candidate nominees closes in early August (date to be specified at the regular meeting in June).
• Prepare Impartial Analysis, and Arguments For/Against the Occupancy Tax Increase Measure.

September
• Coordinate and prepare ballot details (candidate statements, ballot proofs, etc.) with County Elections office.

October
• Publish notification of (3) upcoming Planning Commission vacancies November
• General Election, Tuesday, November 08, 2022.

December
• When County Elections results are certified, swear in new Council members, appoint Mayor, and re-distribute or confirm Committee/Commissionership assignments.

DISCUSSION AGENDA ITEM 5

NO SUPPORTING DOCUMENTATION ATTACHED

5. Discussion/Decision regarding Distribution of T.O.T. Funds to Community Organizations City Manager Eli Naffah will present the distribution allocation proposed, based on a request from the community groups as per Council adoption of the FY2021-2022 City Budget.

City of Trinidad Memo: re: Budget 2022-2023
Produced by: Eli Naffah, City Manager
Date: May, 18, 2022
Reference: 4-10-22 Letter re: TOT allocation suggestions from Trinidad non-profit organizations I spoke to Patti Fleschner today re: the suggested allocation of TOT funds for non-profit organizations. I told her since the TOT for the past year is now based on 8% rather than 10% revenue, that we would fund 80% of the request in her letter. The request from the four organizations that received TOT funding in recent years is equivalent to the 80%:
25% for the Greater Trinidad Chamber of Commerce
25% for the Trinidad Museum Society
25% for the Trinidad Coastal Land Trust
5% for the Friends of the Trinidad Library
In the last audit the City’s TOT revenue was $99,419. Since 2013, the City has given 10% of it to nonprofit organizations which this year totals $9,941.90. Funding 80% of that total results in:
25% for the Greater Trinidad Chamber of Commerce = $2,485.48 25% for the Trinidad Museum Society = $2,485.48
25% for the Trinidad Coastal Land Trust = $2,485.48
5% for the Friends of the Trinidad Library = $497.10
Total Allocation is: $7,953.54 (which is 80% of the $9,941.90) Attachment: 4-10-22 letter from Patti Fleschner
Workspace Webmail :: Print 5/20/22, 3:37 PM
https://email16.secureserver.net/view_print_multi.php?uidArray=34538|INBOX&aEmlPart=0 Page 1 of 2 Print | Close Window
Subject: Transient Occupancy Tax (TOT) allocation request from "Public Purpose" local organizations From: "[email protected]" <[email protected]>
Date: Sun, Apr 10, 2022 9:41 am
To: [email protected], [email protected], Trinidad City Manager <[email protected]>, Gabe Adams <[email protected]>, "[email protected] jwest"@trinidad.ca.gov Cc:
[email protected], Dennis Koutouzos <[email protected]>, Matthew Marshall <[email protected]>, [email protected], [email protected], Jan West <[email protected]>, Dana Hope <[email protected]>, "[email protected]" <[email protected]>, Michelle Kunst <[email protected]>, Carol Vander Meer <[email protected]>
April 10, 2022
City of Trinidad Leaders
409 Trinity Street
Trinidad, CA 95570
Re: TOT allocation suggestions from Trinidad non-profit organizations which serve the "Public Purpose" in Trinidad Dear Mayor Ladwig and Council Members West, Grover, Kelly and Tuttle, City Manager Naffah and City Clerk Adams, The City of Trinidad has generously shared Transient Occupancy Tax revenues with "public purpose" serving local organizations for many years. Starting in 2011, a 12% of annual TOT city revenues were distributed to the Greater Trinidad Chamber of Commerce, Trinidad Museum, and Friends of the Trinidad Library. At the suggestion of former City Manager Karen Suiker, and subsequently CM Dan Berman, an informal ad hoc committee was formed with representatives from each organization to make recommendations to the City for TOT distributions. Starting in 2018, Trinidad Coastal Land Trust and Trinidad Art Night were added to the list of recipients and in 2019 funds were distributed to the five organizations.

A request for funds was made in June 2020, with Trinidad Art Night not included because the May-October art-music event was suspended due to Covid precautions. For the same reason, the Greater Trinidad Chamber of commerce was obliged to cancel the Fish Festival in 2020 and 2021 along with the Trinidad-Clam Beach Run in 2021. Happily, the Trinidad Chamber of Commerce has renewed energy, has attracted a full Board of Directors, and is making plans for 2022-23 community events, including Taste of Trinidad. The January 2022 Trinidad to Clam Beach Run was a wildly popular and successful event. Trinidad Museum has remained open to the public, free of charge, Thursday-Sunday, except for a County-mandated spring-summer closure in 2020. The Museum Native Plant and Historic gardens, maintained by volunteers, is open to the public every day.

Trinidad Museum volunteer docents, with the cooperation of the Bureau of Land Management and the Trinidad Rancheria, host the regular first Saturday opening of Trinidad Head Lighthouse. Trinidad Coastal Land Trust has continued all of its outdoor trail stewardship, public education walks, and Coastal Ambassador programs and tours and has re-opened its Simmons Gallery for events. Friends of the Trinidad Library has re-started outdoor book sale events and other programs as Trinidad Library is returning to normal open hours. Trinidad Art Night will commence "last Saturday" 6-9 p.m. art and music evenings from April 30 through September in indoor & outdoor venues all over Trinidad. All of these organizations add greatly to Trinidad's quality of life and rich culture, for residents and the visitors alike who frequent Trinidad lodging establishments, from which the TOT tax originates.

Since January 10, 2018, when the Trinidad Civic Club's Memorial Lighthouse and 1898 Fog Bell were moved to the harbor due to coastal erosion, the Club has been fully engaged in a costly project to bring the iconic structures back to life. An 899 page Coastal Development Permit Application is pending with the Coastal Commission since its submission on January 14, 2022. The Trinidad Civic Club respectfully requests that the Memorial Lighthouse Restoration Project be added as a TOT allocation recipient.

The unofficial ad hoc committee of representatives from the Greater Trinidad Chamber of Commerce, Trinidad Museum Society, Trinidad Coastal Land Trust, Friends of the Trinidad Library, Trinidad Art Night, and the Trinidad Civic Club's Memorial Lighthouse Project Leadership Team make the following recommendations for the 12% TOT allocation RETROACTIVE for the 2020-21 City fiscal year and for the 2022-23 fiscal year:

Workspace Webmail :: Print 5/20/22, 3:37 PM
https://email16.secureserver.net/view_print_multi.php?uidArray=34538|INBOX&aEmlPart=0 Page 2 of 2 25% Greater Trinidad Chamber of Commerce, Attn: John Lee, P. O. Box 356, Trinidad, CA 95570 25% Trinidad Museum Society, Attn: Patricia Fleschner, P. O. Box 1126, Trinidad, CA 95570 25% Trinidad Coastal Land Trust, Attn: Michelle Kunst, P. O. Box 457, Trinidad, CA 95570 15% Trinidad Memorial Lighthhouse Project, Trinidad Civic Club, Attn: Jan West and Dana Hope, P. O. Box 295, Trinidad, CA 95570
5% Friends of the Trinidad Library, Attn: Essence Torries, P. O. Box 856, Trinidad, CA 95570 5% Community Arts Trinidad (Trinidad Art Night), Attn: Joli Einem, C/O The Ink People, 525 7th Street, Eureka, CA 95501 Kindly advise if you require additional information about any of the above organizations' projects, exhibits, events, or the responsibilities of the Boards of Directors or Trustees.

Warmest regards and appreciation,
Patricia Fleschner (unofficial ad hoc committee chairman) & President, Trinidad Museum Society
P. O. Box 1126/400 Janis Court
Trinidad, CA 95570
707 677-3816 (home)

Copyright © 2003-2022. All rights reserved.

DISCUSSION AGENDA ITEM 6

NO SUPPORTING DOCUMENTATION ATTACHED

6. Continued Discussion/Presentation regarding FY2022-2023 Budget.

DISCUSSION AGENDA ITEM
Tuesday, May 24, 2022.

Item: Continued Discussion/Presentation regarding FY 2022-2023 Budget.

Background: The annual budget is a reflection of the City’s goals and priorities, which is measured through the financial record keeping. At the May 11 meeting, staff kicked-off preparation for the 2023 budget by reflecting back on the current year.

At that meeting, Councilmember Kelly sharply pointed out Trinidad’s goals and priorities have been consistent for many years. In 2015 the City did an extensive public survey to help steer the community into the future.

Former Mayor Julie Fulkerson summarized the findings presented to the Council as part of the budget process leading into the 2016-2017 budget season. It’s remarkable to look back and see how future Council’s remained aligned with community values through the years.

Nearly all of the 12 primary goals set by the Council on July 01, 2022 remained in focus through the year. Most of them make up the backbone of what the City is obligated to provide, and what residents believe are core services they desire. A few priorities, however, were not met due to the resignation of the Water Plant/Public Works Director. This loss represented the end of nearly 40 years of institutional water knowledge that was passed from one director to the next.

The price-tag of this loss forces the City to reflect on many things from the cost of operating a small water system, importance of maintaining healthy reserves, and staff redundancy.

BUDGET STRUCTURE
Trinidad’s revenue profile is made up of general (unrestricted) revenues, special (restricted) revenues, and grant income. The quality and quantity of services that the City provides are expressed through its spending plan. Expenditures are tracked and presented to the Council each month in the financial statements.

Primary general revenue sources are:
- Sales Tax - General
- Sales Tax – Add-on
- Occupancy Tax
- Property Tax
- Rent and Franchise Income (cell tower and harbor leases, utility franchise payments, Town Hall rental) - Miscellaneous (Business & STR Licenses, etc)
Supplemental (restricted) revenue source examples are:
- Measure Z Income
- COPS Funding
- Transportation and Gas Taxes
- Grant Funds
- Water Sales
- Cemetery Sales
General Fund expense categories include:
- Permanent and Consultant Staff members
- Public Safety Expenses (police and fire)
- General utilities and maintenance of public buildings, spaces, streets, infrastructure and associated costs (often referred to as “keeping the lights on” or “overhead”).

Special Revenue Funds
- Water Fund
- Cemetery Fund

BUDGET TOOLS
The City uses several tools and processes to draft, monitor, and control the budget:
- Monthly Financial Statements (Fund Categories, Revenue & Expense Accounts) - Annual Audit
- Investment Policy
- Reserve Policy (Adopted by Council Resolution).

The primary goals of this preliminary budget meeting discussion are; 1) Summary recap of how the city’s finances are structured. 2) Review the financial statements received through March 31, 2021. 3) Discuss how activity from the current year, combined with the dedicated reserves will impact budgeting for 2023.
4) Request that Council provide any general direction to staff, upon review of discretionary activity that was intended for the current fiscal year, on any future spending in those same categories. 5) Identify roadblocks or delays to spending plans to preserve assets (trail maintenance, for example). 6) Set the stage for any upcoming meeting in May or June to finalize the budget.

Proposed action:

Staff will take information received at this meeting, incorporate Council feedback into the analysis process, and return to the next meeting in June with a final draft.

AGENDA ITEM
Date: June 30th 2015
________________________________________________________________________ Item: Receive Presentation and Accept Report of Community Goals Survey Results.

Summary: A Community Goals and Projects meeting was held this spring that captured a wide range of project ideas and goals from the community members that attended. A subsequent effort encouraged people to prioritize among the over 100 separate ideas captured at the initial meeting. 60 ballots were received and tallied. As the ballots asked people to list their top 14 items in order, the votes for each were recorded as worth 14 points for a #1 ranking, down to 1 point for a #14 ranking.

The top 20 ranked items are listed below, along with the points they received in the prioritization and Staff’s attempt at grouping ideas by category:

Project Ideas from Spring 2015 Community
Goals Meeting
Total
Rank
Score
Category
Increase sheriff department time/presence. Have deputy be more proactive in enforcing rules and regulations. 7 days/week police presence, especially at night (9pm-5am)
186 Public safety
Protect water quality, and develop long-term plan for water, ensuring adequate and safe water supply for future generations. 177 Freshwater Resources Increase live in : vacation ratio 172 Community
Character (VDU)
Preserve forest around strawberry rock. Pressure Green Diamond to cancel two timber harvest plans around strawberry rock. 165 Strawberry Rock/Forestry Return city to a community of residents—moratorium on vacation rentals and phase out—decide on limit 159 Community
Character (VDU)
Keep people from camping on city property, especially museum, library and city park 147 Transients
Photo-Voltaic Solar Panels (PV) on City Buildings 143 Environment/Climate Protect and enhance the fishing village qualities that remain 138 Community Character
Kids have a skatepark supported by our community 135 Parks Keep forests intact to increase O2 and decrease CO2, aka lungs of the earth. Maintains water quality. Increases biodiversity, habitat, native flora.
120 Forest-Parks
Have more library hours 116 Library
Build/improve relationships with local tribes Respect indigenous people and land. Honor indigenous cultures and sacred sites 116 Native American Partners Encourage more basic commercial facilities (laundromat, …_) 114 Community Character
Regularly pick up litter 109 Community
Character
Liberate Trinidad’s Head open space from the commercial cellular communication facility 103 Views - T Head Cell
Tower
Save surrounding forest from clear cutting 101 Forestry Restored Luffenholtz Creek watershed. Upstream restoration, droughtresistant re-vegetation, develop plan for groundwater recharge.

Engage with all landholders. “What if Luffenholtz Creek goes dry?” 96 Freshwater
Resources
Forest stewardship should drive decision making 91 Forestry Be examples of health forests, watersheds and biodiversity 88 Forestry Reduce transient population 86 Transients
The prioritization ballot results are included as Attachment A to this report.

The entire list of ideas generated is included as Attachment B to this staff report.

The results of this effort will be carried forward by Staff, Council, and the Community, and some of the priority projects are already reflected in the proposed 2015-16 City Budget. Some of those actions are highlighted in the following Table:

Category/Idea Action Plan
Public Safety and
Transients
City staff will organize a community Public Safety meeting this summer with the Sheriff’s Office and County staff to coordinate Neighborhood Watch efforts; discuss changes occurring in the Sheriff’s Office, improve the connection between the City and County Social Services, and develop next steps.

Water Supply and
Water Quality
The City is purchasing new leak detection equipment to identify and prioritize water lines for replacement/repair.

The City is implementing a permanent system for mandatory low flow monitoring on Luffenholtz Creek
The City will be actively engaged with partners to investigate alternate water supply and storage options over the coming year
The new stormwater Ordinance will help protect water quality The City anticipates applying for another significant grant in the coming year to fully eliminate our discharge to Trinidad Bay
Community
Character (VDU)
An urgency ordinance to put a temporary halt on further conversion of residences to vacation rentals is on the City Council Agenda for June 30th.

Trails/Parks The City will work with the community to restart a volunteer trails maintenance effort. The budget has additional funds for trail maintenance in the coming year.

Native American
Partners
The City is actively working to peacefully resolve the lawsuit between the City and the Tsurai Ancestral Society. The City is budgeting significant funds to help implement the Tsurai Management Plan in the coming year.

The City has significantly improved our notification process to ensure our Native American Partners have full and early notice of any ground disturbing activities that may warrant a cultural monitor.

The City recently established a Liason Committee between the City Council and the Trinidad Rancheria Tribal Council
Forests The City will attempt to engage the County in the ongoing conversation regarding a trail and easement or purchase associated with Strawberry Rock. The County is a key partner as the entire area is outside City Limits.

BUDGET SESSION
MAY 24, 2022 CITY COUNCIL MEETING
2021-2022 BUDGET GOALS & HIGHLIGHTS

GENERAL FUND
• Increased admin staffing to support committees and improve communication and services provided to the City.
• Invest in technology to improve/enhance digital communications. • Rebuild Public Works Department and shift leadership during staff shortage.
• Continued Support of Library, Museum, Chamber, Land Trust. • Maintained Critical & General Services – Public Safety and Admin • Continued progress on the General Plan Update.
2021-2022 BUDGET GOALS & HIGHLIGHTS

PUBLIC SAFETY
• Contract Renewal with HCSO for (1) Full-Time Deputy
• Entire contract paid for with COPS FUNDING, allowing the City to build reserve for future spending when HCSO Deputy has more staff to offer.

PUBLIC WORKS
• Temporary separation of Water Treatment from Distribution. • Hiring of (3) part-time employees to assist (1) full-time supervisor. • Vehicle and equipment assets maintained by new hire Bob Cavers. • Funds remain reserved for Civic Club Room Update $10k • Funds remain reserved for Trails Improvements $20k.
• Successful grant application to the State approved for Tennis Court rehab. 2021-2022 BUDGET GOALS & HIGHLIGHTS

WATER FUND
• Maintained Licensed, Plant Operation following resignation of Director in September. • Continuted Luffenholtz Creek Flow monitoring & drought monitoring. • Updated policies to guide the City during future water shortage emergencies. • Technical and Admin Support provided to the Water Advisory Committee. • Budget for valve replacement was utilized in conjunction with the Stormwater Project.

STREETS
• Dedicated street funds were used to support the Downtown Ped Connectivity project. • Remaining reserves are set aside for future road improvements.

GRANTS
• Stormwater Project Construction near completion.
• Downtown Pedestrian Connectivity Project Complete.
• Secured funding for several planning and major water infrastructure improvements. 2021-2022 BUDGET MISSES

WATER FUND
• Rate Analysis
• Challenging labor market resulted in hiring an interim engineering firm to run the Water Plant at significant cost.

PUBLIC WORKS
• Additional $10k Trails Maintenance Budget unspent.
• Town Hall maintenance projects postponed due to staff adjustments.

STAFF/CONSULTANTS
• HCSO staff shortage meant no dedicated Deputy or additional ½ time shared Deputy.
• PROPERTY TAX
• SALES TAX
• 1% & .75% Voter Initiated, Renews April 01, 2021 for 4-years. • TRANSIENT OCCUPANCY TAX
• 8% Tax (until further notice) on overnight stays – Short-Term Lodging • LICENSES, PERMITS
• Business Licenses, Planning & Building Permits, Etc.
• RENT/FRANCHISE FEES
• Trinidad Head Cell Site, PG&E, Suddenlink, Harbor Lease • INTEREST EARNINGS

SUPPLEMENTAL REVENUES
• MEASURE Z
• Trinidad was not awarded $75,000 in Measure Z Funds in 2021-2022 due to HCSO staff shortages.
• COVID RELIEF
• 2021-2022: $65,000
• 2022-2023: None anticipated
• TRINIDAD CELL SITE
• Hold-Over Period continued through 2022 at $4,500/month. No revenue anticipated in upcoming fiscal year.

CITY OF TRINIDAD REVENUE SOURCE COMPARISON

GENERAL FUND RESERVES
As of June 30, 2021

WATER FUND RESERVES
As of June 30, 2021
• Approximately $ 1,067,000 as of June 30, 2021
• As of March 31, 2022 water sales revenues were on track, expecting to end the year at approximately $342,000.
• As of March 31, 2022 expenses have exceeded end-of-year expected total of $379,000, by approximately $10k.
• Year-end reserve fund use approximately $175,000

STATE-LEVEL BUDGET HIGHLIGHTS
• California's projected budget surplus has reached an eye-popping $97.5 billion, more than double the estimated surplus in January. It is a stunning amount that, as Gov. Gavin Newsom noted in his revised May budget proposal, is "simply without precedent.” • Despite this historic discretionary General Fund windfall, the state and local governments are cognizant of the economic pressures resulting from record rates of inflation, continued global supply chain disruptions, labor force declines, and the war in Ukraine. • In general, the May Budget Revision reinforces the Governor’s January budget priorities, which provided billions in funding for COVID-19 response measures, climate change, homelessness, the cost of living, and public safety.
• The May Budget Revision also includes new investments to help cities transform underutilized commercial space into housing, build safe and reliable infrastructure, deploy high-speed broadband, and address the effects of climate change.

GRANTS IN

PROGRESS
FY2022

CITY STAFF

ADMINISTRATIVE
• City Manager .75 FTE (Full-Time Equivalent)
• City Clerk 1.0 FTE
• Lead Grant Administrator 1.0 FTE
• Grant Admin Asst. 1.0 FTE
• Project Manager 1.0 FTE
• Administrative Support .5 FTE
Total Admin: 5.25 FTE

PUBLIC WORKS
• Maintenance Supervisor 1.0 FTE
• Maintenance 1 .5 FTE
• Maintenance 2 .5 FTE
• Maintenance 3 .25 FTE
Total TPW: 2.25 FTE
CITY STAFF (continued)
WATER
• Chief Plant Operator 1.0 FTE
• Operator 1 .5 FTE
• Operator 2 .5 FTE
Total Water: 2.0 FTE
Total Projected Staff Needs for FY2023: 9.5 FTE
Estimated payroll projection: $801,000
• Approximately $170,000 covered by grants
• Leaving $631,500 to be paid for with General and Special Revenue Funds Total Budgeted for FY2022: 7.5 FTE
• Payroll projected at approximately $579,000
• Approximately $80,000 covered by grants

NEXT STEPS
• Staff to review April 30 Financial Statements that include many significant revenue receipts and determine how the City performed in 2021.
• Receive Council input with priorities for discretionary spending. • Staff prepare a Final Draft of all funds revenues/expenditures with summary provided at the June 14, 2022 Council Meeting.