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City Council Meeting Agenda: 07-13-2021

Posted: Friday, July 09, 2021

NOTICE AND CALL OF A REGULAR MEETING OF THE TRINIDAD CITY COUNCIL

The Trinidad City Council will hold a regular meeting on

TUESDAY, JULY 13, 2021, at 6:00 PM

THIS MEETING WILL BE HELD VIA ZOOM VIDEOCONFERENCE 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: 893 2531 1515 Passcode: 233301 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. CLOSED SESSION AGENDA PUBLIC COMMENT

At this time, members of the public may only comment on an item appearing on the agenda. Please adhere to the following when addressing the Council: 1) Individual comments will be limited to 3 minutes or less, 2) Comments should be directed to the Council as a whole and not directed to individual Council Members

IV. ADJOURN TO CLOSED SESSION – No closed Session V. RECONVENE TO OPEN SESSION VI. APPROVAL OF AGENDA VII. APPROVAL OF MINUTES – 05-11-2021 cc, 06-08-2021 cc VIII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS IX. STAFF REPORTS – City Manager & Law Enforcement X. 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.

XI. CONSENT AGENDA

All matters on the Consent Agenda are considered routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items. If discussion is requested by any Council member, that item is removed from the Consent Calendar and considered separately. A single opportunity for public comment on the Consent Agenda is available to the public.

1. Staff Activity Report 2. Financial Statements – May 2021 3. Law Enforcement Report – June 2021 4. City Manager Contract Renewal

City Council Meeting Agenda: 07-13-2021

IX. DISCUSSION/ACTION AGENDA ITEMS 1. Discussion/Decision regarding First Reading of Ordinance 2021-03; Water Shortage Contingency 2. Discussion/Update regarding Drought. 3. Discussion/Presentation regarding Stormwater Project Outreach and Update 4. Discussion/Decision regarindg Resolution 2021-08; Authorizing the City to Sign Funding Agreements for

Cycle 10 Highway Safety Improvement Program Projects Funded By Caltrans. XII. FUTURE AGENDA ITEMS XIII. ADJOURNMENT

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

July 13, 2021

Committee Reports for Council Member Richard Clompus

1. Indian Gaming Benefits Committee • No meetings scheduled for this committee. Inactive since 2011 due to lack of state funds.

2. California Coastal National Monument Gateway Committee (CCNM) • Planning has begun began to organize the 150th anniversary for the Trinidad Head Lighthouse on

December 4th, 2021.

3. Humboldt County Visitors Bureau (HCVB) • Visitredwoods.com website continues to support organizations that highlight the natural beauty and

local offerings in Trinidad.

• Trinidad Bay Art & Music Festival (TBAMFest) is a series of seven live classical music concerts (from

Beethoven to modern!) presented alongside stunning artwork, occurring at Trinidad Town Hall on six

nights this August. It is organized by Julie Fulkerson. All performers and artists are locals, former

locals, or connected to the area, and the concerts are a great place to socialize in celebration of live

music. Dater: Fri., Aug. 13, 8-10 p.m., Sat., Aug. 14, 8-10 p.m., Sun., Aug. 15, 8-10 p.m., Fri., Aug.

20, 8-10 p.m., Sat., Aug. 21, 8-10 p.m. and Sun., Aug. 22, 2-4 & 8-10 p.m. More information

available at: www.tbamfest.com

4. Trinidad Ad Hoc Water Committee

• This committee was authorized under the City's current code (chapter 13.08) to deal with drought

conditions. It consists of two council members (Richard Clompus & Jack West) and unofficially the

city manager (Eli Naffah). It will be replaced with the Water Shortage Response Team that will be

formed when the Water Shortage Ordinance is adopted.

• On May 10, 2021, Governor Newsom expanded the state’s drought emergency declaration to

include 41 counties including Humboldt County. This year’s drought is steadily approaching the peak

severity of the last one. It’s a dangerous benchmark: 2012 through 2015 was the state’s driest

consecutive four- year stretch since record-keeping began in 1896. Much of the state has received

less than half of average rain and snowfall since October, with some areas seeing as little as a

quarter. For most of Northern California, the past two years have been the second driest on record.

Richard Clompus Page of 1 4

http://visitredwoods.com

http://www.tbamfest.com/

July 13, 2021

• Establishing real-time measurements of the Luffenholtz Creek water flow has been a challenge over

the past year. Weekly measurements are recommended during the drought until real time data is

available.

• Luffenholtz Creek flow measurements show drop in flow rate 6.5% in the past week.

• % change: (1.230-1.115)/1.23x100)= 6.5

• Weekly updates of California drought data for Trinidad and Humboldt County is available at:

www.drought.gov.


1.0

1.5

2.0

2.5

3.0

3.5

4.0

8.531 CFS

June 14 2021

Flow Measurements by: Todd Kraemer, Hydrologist, CPESC, Pacific Watershed Associates

Heavy rainfall

www.drought.gov

1.15 CFS

1.230 CFS

June 29

2021

July 7

2021

http://www.drought.gov

July 13, 2021


Trinidad

Trinidad

Streamflow Estimates

July 13, 2021

• “The universal truism is that by the time you react to a drought it’s too late to react to a

drought,” said Jeffrey Mount, a senior fellow at the Public Policy Institute. “The majority of

things you have to do to mitigate impacts have to be done before the drought.”

• Trinidad is experiencing a STAGE 1 drought according to the reference table in the Water

Shortage Ordinance document. The drought communication plan developed in 2020 for this

purpose should be activated immediately by the City Council with the following activities:

A. Press release declaring water drought alert for Trinidad promoting voluntary water conservation

steps for residential and commercial water customers.

B. Letter declaring drought mailed to Trinidad’s 1000 water customers with table indicating severity

of drought with voluntary steps to conserve water usage.

C. City website updated declaring drought alert with additional water conservation measures to

reduce water use

D. Color coded stickers placed on back of the monthly water bill post cards sent indicating the

severity of the drought. More serious drought stages (0.836 cfs flow rate) have mandatory

reductions in waster use with fines for non-compliance.

5. Trinidad Advisory Water Committee

• The first committee meeting was held on June 14, 2021. The committee’s objectives as described

in City RESOLUTION 2021 - 02 as follows:

• PURPOSE: The purpose of the Committee is 1) to evaluate water needs of the City, 2) analyze

potential options of water sources and infrastructure, and 3) assist the Council in pursuing

water-related opportunities including funding.

• OBJECTIVES: Committee objectives include; 1) provide a public forum to address and

discuss water concerns and solutions, 2) assist the City Manager and Public Works

Department in addressing water-related issues, 3) make balanced and informed

recommendations to the City Council on ways to improve the supply of water, and 4) report to

the Council regularly.

• Members include: Richard Clompus, Chair (City Council Member), Dave Grover, Co-Chair (City

Council Member), Cheryl Kelly (City Planning Commission Chair), Bryce Kenny (water customer),

Dwight Miller (water customer).

• Issues being investigated with preliminary reports due on July 14, 2021:

• Richard Clompus: investigate repairing leaks in the water distribution system and grant

options (if known)

• Dave Grover: investigate trucking in potable water to water plant & processing for emergency

drought conditions and grant options (if known)

• Cheryl Kelly: investigate increasing water storage (treated and rain catchment) and grant

options (if known)

• Bryce Kenny: investigate legal rights to access water from Mill Creek and grant options (if

known)

• Dwight Miller: investigate sourcing water from Humboldt Bay Water District and grant options

(if known)

• Eli Naffah: report from Beck Price-Hall on grant options for water improvement projects

The next Water Advisory Committee meeting will be Wednesday, July 14, 2021, 5:00pm to 8:00pm on

the Zoom video platform due to COVID-19 distancing recommendations. The Agenda and Packet will be

available in the Document Library 72 hours prior to the meeting. Information on how to join the meeting

will be provided 72 hours prior to the meeting on www.trinidad.ca.gov website.


http://www.trinidad.ca.gov

APPROVAL OF MINUTES FOR:

MAY 11, 2021 CC

JUNE 08, 2021 CC

Supporting Documentation follows with: 10 PAGES

June 21, 2021 scc minutes will be submitted for review and approval at the August regular meeting.

05-11-2021 City Council Meeting Minutes Page 1

MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, MAY 11, 2021 (ZOOM)

I. CALL TO ORDER

Mayor Pro-Tem West called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Clompus, West, Grover, Davies. Ladwig was absent. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, City Attorney Russ Gans, City Planner Trever Parker. Approximately (19) attendees were present online at the beginning of the meeting.

II. PLEDGE OF ALLEGIANCE III. ADJOURN TO CLOSED SESSION 1. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9: City of Trinidad v. Trinidad Bay Bed &

Breakfast/Mike Morgan (Humboldt Co. Superior Court Case No. CV2100112) 2. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9): City of Trinidad vs. Mike Morgan

(Humboldt Co. Superior Court Case No. CV2100066) 3. City Manager Contract Review/Negotiations Pursuant to Government Code Section 54957 IV. RECONVENE TO OPEN SESSION

Mayor Pro-Tem West announced that the City Manager performance evaluation will continue in June. V. APPROVAL OF THE AGENDA

Motion (Davies/Grover) to move agenda item 10 up to 4 on the list, and approve the agenda as amended. Passed 4-0.

VI. APPROVAL OF MINUTES – 04-13-2021 cc

Davies noted a correction on page 2, Discussion 1; “It was unfortunate we didn’t get this advice at the prior meeting,,,” . Motion (Grover/Davies) to approve the minutes as amended. Passed 4-0.

VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS

Davies: Trails committee met April 20. Discussed universal trail signage, Trinidad Head wayside sign, and removing covid barricade signage. Clompus: Provided a written report included in the packet that highlight his committee discussions, actions, and progress. Update on the CCNM Gateway Committee meeting upcoming on May 18. Regarding Luffenholtz Creek flow and CA drought status. Water Advisory Committee and Water Shortage Response Committee will be meeting soon. Humboldt County is affected by the drought. 62nd driest year to date in over 120 years of recording. Flow rate of Luffenholtz Creek was less in May than it was last June.

Grover: Announced his candidacy as Green Party delegate. Attended RCEA board meeting, Racial Equity subcommittee, and Offshore Wind subcommittee. West: HCAOG discussed Indianola overpass construction starting in spring 2023. Last Chance Grade update, and Complete Streets program being planned for Broadway in Eureka.

VIII. STAFF REPORTS – City Manager & Law Enforcement

City Manager Naffah summarized and highlighted various accomplishments from March that were outlined in the meeting packet. Announced Connectivity Project update, Redwood Empire League Meeting in May, planning for re-opening of Town Hall for special events this summer, and an update on the Verizon cell facility project. HCSO Lt. Miller provided summary of April service call statistics.

IX. ITEMS FROM THE FLOOR (Three (3) minute limit per Speaker unless Council approves request for extended time.)

Katrine Homan – Trinidad Area At the January meeting, Supervisor Madrone submitted false and harmful information about my family’s project on Stagecoach Road. According to Madrone, “an 18-acre property on Stagecoach Road was proposed as an 18-unit subdivision, and the residents would be pooping into each other’s water source.” In actuality, the 19-


acre property was proposed as a 9-parcel subdivision with 4 new wells. After community input, we further reduced it to 6 parcels with 3 wells. Supervisor Madrone’s theory of “residents pooping in each other’s water source” is based on inaccurate data. He speculated that water was the only restrictive element without any knowledge of the extensive research and data that was required. At no point in the project was water quantity an issue. Location was the only detail Madrone had correct about our project. A note should be posted with Madrone’s letter written on the County’s official letterhead in your document library online. It was used to influence your government decision making process. Aaron Hakenen – Trinidad Concerned with speeding in town. Does the City have the ability to manage speeding through the Sheriff or with radar feedback signage? Jacque Hostler-Carmeson – Trinidad Rancheria The Rancheria requests edits to the Trinidad Head signage. Request Government to Government meeting to discuss this. Steve Madrone – Trinidad Area Formal apology to the Homan Family for misinformation that I put out. There could have been the potential for 18 houses with 9 parcels (2 homes on each parcel). Patty Stearns laid out all the potential development that could occur if unlimited water was available. We all make mistakes and I apologize for the misinformation.

X. CONSENT AGENDA 1. Staff Activity Report 2. Financial Statements – March 2021 3. Law Enforcement Report – April 2021 4. ASBS Stormwater Project Update

Motion (Grover/Clompus) to approve the consent agenda as submitted. Passed 4-0.

X. DISCUSSION/ACTION AGENDA ITEMS 1. Discussion/Decision regarding revised Government-to-Government Consultation Policy with Native American

Tribes. City Attorney Russ Gans explained that this plan has gone through multiple revisions, with the most recent incorporating Council input. This is a general guidance policy to facilitate requests and notifying Tribal Governments of the Council’s obligation to open meetings. It is not tailored to address any specific issue, or Tribal Government. Council questions included: Clompus: Have all Tribal entities submitted feedback? Gans explained that yes, comments have been received and considered. Davies: Do you see any reason why comments provided by Richard Harris cannot be incorporated? Gans explained that his comments are general policy related, and are adequately addressed in the policy as-is, recognizing the Council’s obligation to meet in open session. Public comment included: Bryce Kenny – Trinidad Commend the City Attorney for the hard work put in on this policy. It balances the rough terrain of all interested parties. I agree that Richard Harris’s comments would be useful if incorporated. Jacque Hostler-Carmeson – Trinidad Rancheria The Rancheria requests Tribal review one additional time. Tribes should be able to review each draft. Richard Harris Jr. – Bay Area Clarified corrections proposed in his written comments submitted. Gans explained that all Harris’s comments are well stated and sensible, but I need to review the exhibit submitted.

Council comment included: Grover: Are we going to wait to approve this until a revised version is reviewed again by the Tribes?


Clompus: I want to be respectful to the Tribes and give them a chance to review it. Motion (Davies/Grover) direct City Attorney to consider incorporating comments submitted on May 01, 2021 by Richard Harris, Exhibit 1 as he sees fit into the final draft of the G2G Consultation Policy, and send to Tribal Governments for review and comment prior to the next meeting. Passed 4-0.

2. Presentation/Discussion regarding the Climate Action Plan.

Humboldt County Planner Connor McGuigan presented the Climate Action plan, included in the meeting packet. There was no public or Council comment. Presentation only. No decision was made.

3. Discussion/Decision regarding Interim Urgency Ordinance 2021-01; Placing a Moratorium on Issuance of New

Short-Term Rental Licenses in the City of Trinidad. City Attorney Gans drafted the urgency ordinance in response to Council direction at the last meeting to place a moratorium on issuing new licenses pending Planning Commission review of the existing ordinance. As explained in the memo included in the Council meeting packet, urgency ordinances are only approved for a limited duration, for no longer than 2-years. Council questions included: Clompus: How long would it take, realistically, for the Planning Commission to expedite the ordinance review process? City Planner Parker envisioned that the STR Committee would perform the ordinance review for the Planning Commission, but it’s possible that it will take at least a year.

Public comment included: Aaron Hakenen – Trinidad Is the moratorium necessary? Could we direct our energy and resources in other directions? City Manager Naffah explained that the current ordinance is working well, and considering current Planning Commission priorities it would be ideal to start the process at the STR Committee level. Council comments included: Clompus: The ordinance should be reviewed carefully, allowing the Committee and Commission time to complete the process. Grover: We can request an expedited process, but it will take as long as it takes. Davies: The ordinance needs to be reviewed by the Planning Commission, not the STR Committee. The STR Committee is made up of volunteers. Motion (Davies/Clompus) to approve interim urgency ordinance 2021-01, waiving full reading and adopt by title only, and request the Planning Commission to expedite review and revision of the STR Ordinance. Passed 3-1 (No – Grover) *** City Attorney Gans noted that an urgency ordinance requires a super majority 4/5ths vote to be adopted. A yes vote will be required by all four (4) Council members for this ordinance to be imposed. Lacking 4 votes required means Council action to support the motion has been noted, but is not legal.

4. Discussion/Decision to Remove COVID Signage at Trail Heads per Trails Committee Recommendation.

City Manager Naffah explained that on April 20, the Trails Committee recommended removing Covid-19 Trail safety signage posted on trailheads. The Council should consider either removing signage or wait until June when more information from the State will be received regarding Covid safety.

Council comments included:


Davies: CDC and CA State Department of Health support no masks outside, and the Trails Committee recommends removing the signage. Grover: I support the Trails Committee recommendations, but will go with the Council on this. Clompus: CDC supports no-mask requirement outside. There’s no question that the Country is rounding a corner, but I’m ok either way. West: I would be willing to reconsider this on June 15 when the State of CA predicts a full re-opening. Public comment included: Aaron Hakenen – Trinidad Signage helped tremendously early on to educate the public. If the Council decides to keep them in place, they should be refreshed to send a clear message. Anita Thompson – Trinidad I agree with Aaron that the signs need to be refreshed. Signs are good reminders for people to know the risk still exists to transmit Covid. Motion (Grover/Clompus) to keep signage in place until June and adjust signs that are blocking any trails. Passed 3-1. (No-Davies)

5. Discussion/Decision regarding Resolution 2021-05; Restricting Overnight Parking on North Side of Main Street.

City Manager Naffah explained that at the last meeting the Council approved placing signs on Edwards and restricting overnight parking. However, after consulting with the Coastal Commission staff, a Coastal Development Permit is required to restrict parking on Edwards. In addition, a resolution has been drafted to restrict overnight parking on the North side of Main Street. That is what is being proposed tonight. Council comments included: Clompus: Giving violators a ticket will help reduce repeat offenses. West: Concerned with locals needing an exception to this restriction. Public comment included: Aaron Hakenen – Trinidad Has there been any discussion regarding a piecemeal approach to this issue? That could push the problem inadvertently over to other streets. Motion (Grover/Davies) to adopt Resolution 2021-05; Restricting Overnight Parking on North Side of Main Street. Passed 4-0.

6. Discussion/Decision regarding First Reading of Ordinance 2021-02; Amending Trinidad Municipal Code

10.08.010 to Restrict Overnight Parking in Public Parking Lots. City Attorney Gans explained that at the April meeting, the Council requested this ordinance to be drafted. City Manager Naffah explained that no CDP is required. There was no public comment. Motion (Davies/Grover) to adopt the first reading of Ordinance 2021-02, waiving full reading and approved by title only, Amending Municipal Code 10.08.010 to Restrict Overnight Parking in Public Parking Lots. Passed 4-0.

7. Discussion/Decision to Appoint Councilmembers to the Tsurai Management Team.

City Manager Naffah explained that Council members can only participate on standing committees when the meetings are held in public. In order to avoid quorum issues, up to two Council members can serve on a committee.


Public comment included: Jacque Hostler-Carmeson – Trinidad Rancheria It would be premature to resume TMT meetings while in litigation, and during mediation. Targeting issues subject to litigation would not be appropriate. Gans explained that the TMT meetings will occur in an open, public forum when Council representatives are present. Motion (Davies/Clompus) to appoint West and Grover as City Representatives to the Tsurai Management Team. Passed 4-0.

8. Discussion/Decision to appoint Two (2) Councilmembers to the Water Advisory Committee.

City Manager Naffah explained that at the April 13 meeting, the Council approved Resolution 2021-02 creating the Water Advisory Committee with membership of 2 City Councilmembers, 1 Planning Commissioner, and 2 City water customers. There was no public comment. Motion (West/Davies) to nominate Grover and Clompus to represent the Council on the Water Advisory Committee. Passed 4-0.

9. Discussion/Decision to Review Letters of Interest Received from Trinidad Water System Customers to Serve on

the Water Advisory Committee and Consider Appointments. City Manager Naffah explained that in order to complete the Water Advisory Committee make-up the City must appoint to water customers to committee. As of the filing deadline, 3 letters were received; Dwight Miller, Bryce Kenny, and Paula Levine. Public comment included: Bryce Kenny – Trinidad With all due respect to Ms. Levine, this committee is too important for first-timer volunteers. She should start with another committee and work her way up to the “big-time”. I am the right candidate. I have been participating in City government for decades. Paula Levine – Trinidad Area It’s time for fresh blood and to include female energy on the committee. I spent $7500 to connect to the City’s water system 30 years ago. I have a passion for water. Break with the routine and give me a chance. Motion (Davies/West) to appoint Bryce Kenny and Dwight Miller to the Water Advisory Committee. Passed 4-0.

10. Continued Discussion/Presentation regarding FY 2022 Budget Preparation.

City Clerk Adams presented information included in the meeting packet that summarized the status of the current fiscal year to help frame expectations and kick-off the budget for the upcoming fiscal year. Focusing on the General Fund and the revenue streams that support it, several factors were examined, including:

1) Revenue sources, Impact of losses in 2021, and COVID Relief for Cities. 2) Current staffing levels, challenges, and expectations. 3) The role that several Grants will play in decreasing General Fund and Water Fund obligations, respectively

in 2021-2022. 4) The loss of FY2021-2022 Measure Z funding to support the additional half-time law enforcement position.

The primary goals of this preliminary budget meeting are;

1) Examine the financial statements received through March 31, 2021. 2) Review significant highlights in spending (or not spending) and revenues in all departments. 3) Discuss how activity from the current year, combined with the dedicated reserves will impact budgeting for

2022.


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.

Council comments included: Davies: Recommended increasing the Tourist Occupancy Tax to 12%, and requested that be considered at a future meeting. There was no public comment. Staff will take information received at this meeting, incorporate Council feedback into the analysis process, and return to the next meeting in May or June with a final draft.

FUTURE AGENDA ITEMS - CM Evaluation, Contract Renewal - Final Budget

ADJOURNMENT: 10:00pm.

Submitted by: Approved by:

_____________________________ _____________________________ Gabriel Adams Jack West Trinidad City Clerk Mayor Pro-Tem


MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, JUNE 08, 2021 (ZOOM)

I. CALL TO ORDER

Mayor Ladwig called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Ladwig, Clompus, Grover, Davies. West was absent. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams. Approximately (15) attendees were present online at the beginning of the meeting.

II. PLEDGE OF ALLEGIANCE III. ADJOURN TO CLOSED SESSION 1. City Manager Evaluation and Contract Review/Negotiations Pursuant to Government Code Section 54957 IV. RECONVENE TO OPEN SESSION

Mayor Ladwig West announced that the City Manager contract will be presented for approval in July. V. APPROVAL OF THE AGENDA

Motion (Grover/Davies) to move agenda consent 4 & 5 for discussion. Passed 4-0. VI. APPROVAL OF MINUTES – No minutes to approve. 05-11-2021 cc minutes to be approved in July. VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS

Davies: No report. Clompus: Provided a written report included in the packet that highlight his committee discussions, actions, and progress. Update on the CCNM Gateway Committee, Water Committee, Luffenholtz Creek flow and CA drought status.

Grover: Attended RCEA meeting and Offshore Wind Subcommittee meeting. Ladwig: Attended HTA Meeting.

VIII. STAFF REPORTS – City Manager & Law Enforcement

City Manager Naffah summarized and highlighted various accomplishments from March that were outlined in the meeting packet. Announced Connectivity Project update, Stormwater Construction project schedule, completion of the Town Hall Solar Installation, Verizon cell facility update, thanked Supervisor Madrone for assisting Trinidad in securing Measure Z funding, and introduced TPW new hire Mark Gower. HCSO Lt. Miller provided summary of May service call statistics.

IX. ITEMS FROM THE FLOOR (Three (3) minute limit per Speaker unless Council approves request for extended time.)

Katrine Homan – Trinidad Area I wish I wouldn’t need to correct false statements by Supervisor Madrone. His facts in May were incorrect again. When confronted with this in May, he focused his comments on 18 alleged houses. His expertise is in hydrology. We had several hydrologists working on our project. If he was an expert in the other fields, he would know this was an exaggeration. Engineers and consultants that studied our site assured us that due to natural land constraints and regulatory restrictions, this many homes would never be allowed. It is important to have accurate data. Misinformation is hurtful and damaging. Public officials are expected to do their homework. Madrone should become informed, or stop talking about my project as if he knows it. My project is 6 parcels, 3 wells. This is public information available in County archives, just as Madrone’s false comments are in your City document archive. His false statements are influencing others.

X. CONSENT AGENDA 1. Staff Activity Report 2. Financial Statements – April 2021 3. Law Enforcement Report – May 2021


Motion (Davies/Clompus) to approve the consent agenda 1-3, pulling 4 & 5 for discussion. Passed 4-0. 4. Calfire Water Service Agreement

City Manager Naffah explained that Resolution Exhibit A, was added to the packet today. There was no public or Council comment. Motion (Davies/Clompus) to authorize the City Manager to execute the Water Service Agreement with Calfire. Passed 4-0.

5. Ocean Protection Council Grant Consultant Agreement

City Manager Naffah explained that the agreement has been modified to add “Tsurai Management Team” to the list of partners. There was no public comment. Motion (Ladwig/Davies) to amend and execute the Grant Consultant Agreement with Greenway Partners. Passed 4-0.

X. DISCUSSION/ACTION AGENDA ITEMS 1. Discussion/Decision regarding returning to live meetings in the Town Hall.

City Manager Naffah explained that Mayor Ladwig expressed an interest in returning to live meetings in a safe manner. Staff is considering a hybrid system that allows for live and web participation. Logistically, it is technically complex to integrate both options. Grover: I get a lot more out of in-person meetings, and support going live soon. Clompus: I’ll defer to CDC and State guidance before making an assessment. We aren’t losing anything by having meetings online, but would like to be live as soon as the guidance suggests it is safe. Davies: I echo Clompus’s comment, encourage YouTube broadcasts, and suggest it is not impossible to have both live and web-based participation. Public comment included: Aaron Hakenen – Trinidad Encourage the hybrid meeting, offering both options. The more community engagement and involvement, the better. The Council expressed interest in the hybrid meeting format, and will defer to a future meeting when health guidance suggests it is safe to return to live meetings.

2. Continued Discussion/Presentation regarding FY 2022 Budget Preparation.

City Manager Naffah summarized revenues received to date, and projected possible future unknowns that may have an impact on future budgets. City Clerk Adams explained that At the May 11 meeting, staff provided a preliminary evaluation regarding the current fiscal year to help frame expectations for the upcoming fiscal year. At that time, several significant quarterly revenue receipts had not been reported yet in the financial statements; Property Tax, Bed Tax, and Sales Tax. Those receipts were reported later in May, giving staff a clearer picture of how the City fared in 2021. Several key takeaways from the fiscal year ending June 30, 2021 are;

• Sales Tax, Trinidad Head Cell Facility Rent, and Bed Tax revenues exceeded budget expectations. • With the exception of a few large projects, the City spent cautiously due to the uncertainty of the Covid

pandemic on the city’s volatile revenue streams. • The combination of underspending and revenue increases left the City with a second straight year of

General Fund savings. • Nearly all of the City’s budgeting goals from July 01, 2020 were met.


The following documents are provided in this packet to help aide in the final budget preparation: - April 30, 2021 financial statements included in the Consent Agenda. - Draft worksheets for the General Fund: Revenues, Admin, Police, Fire, Public Works. In addition, COPS

Grant Funding, Gas Tax, TDA, Cemetery, and Water are also included. - Year-End summaries for 2020 & 2021 for reference.

Some goals of this session are; • Examine the financial statements received through April 30, 2021. • Review the preliminary budget worksheets and ask/answer questions. • Discuss how activity from the current year, combined with the dedicated reserves impact budgeting for

2022. • Discuss the 2021-2022 spending forecast and themes; Water, Staffing, Enforcement, and Construction

Recovery. • Identify roadblocks or delays to spending plans that preserve assets (trail maintenance, for example). • Set the stage for the second meeting in June to finalize the budget.

Council comments included: Davies: Regarding the Public Works trail maintenance budget, I would like to have unspent funds from one year transferred to the next year. Also would like to see the Occupancy Tax raised to 12%. Ladwig: Regarding water, do we have anything set aside in the budget for water system improvements. Adams explained that the water reserve fund is healthy and can be used when needed. Included in the budget is $25,000 for valve replacement, along with other funds for maintenance and upkeep. There was no public comment. Staff will take information received at this meeting, incorporate Council input, and return to the next meeting in June with a final draft.

3. Continued Discussion/Decision to Remove COVID Signage at Trail Heads per Trails Committee

Recommendation. City Manager Naffah explained that at the May 11 meeting, the Council decided to keep the signage until June 15. Council comments included: Clompus: I support removing signs. The CDC says Covid transmission outdoors is zero to minimal. Grover, Davies, Ladwig all agree to remove the signage. Motion (Davies/Clompus) to remove all Covid signage on trails by June 15. Passed 4-0.

4. Second Reading of Ordinance 2021-02; Amending Trinidad Municipal Code 10.08.010 to Restrict Overnight

Parking in Public Parking Lots City Manager Naffah explained that the first reading was conducted in May. This is the second reading. Ordinance will go into effect in 30 days, assuming it is adopted tonight. There was no Council or public comments. Motion (Davies/Grover) to waive the full reading, and adopt by title only, the Second Reading of Ordinance 2021-02; Amending Trinidad Municipal Code 10.08.010 to Restrict Overnight Parking in Public Parking Lots. Passed 4-0.

5. Discussion/Decision regarding the Water Shortage Response Team

City Manager Naffah explained that at the January 26, 2021, meeting, the City Council approved the Water Shortage Contingency Plan (WSCP). As part of the Plan, the Water Shortage Response Team is made up of the following members:


“Water Shortage Response Team (WSRT): City Manager, Public Works Director, City Engineer, City Planner, City Clerk/Assistant City Clerk, Planning Commission Representative, and City Council Representative.” The Agenda Review Committee (made up of the Mayor, Mayor Pro-Tem, and City Manager) meets regularly once a week, and suggests that they function as the Water Shortage Response Team in the interest of providing quick, effective decisions in a timely manner. The make-up of the 3-member Committee makes it more efficient in times of an emergency rather than the 7-member team concept as originally conceived in the WSCP. The action recommended tonight is to change the make-up of the Water Shortage Response Team to include members of the Agenda Review Committee rather than the composition laid out in the Water Shortage Contingency Plan. Council questions included: Clompus: Procedure wise, do we have to pass the ordinance first? Are we doing this in reverse? I agree with wanting to be expeditious, but I’m uncomfortable not having a technical expert – such as the Water Plant Director – on the team. Their insights are very important. Naffah explained that we’re simply giving direction as to the makeup of the team, to be included in the ordinance. Public comment included: Aaron Hakenen – Trinidad I’m also concerned with not having a technical expert on the team. Their role in this process is critical. Richard Johnson – Trinidad Area Submitted comments in writing. It’s very important in this decision-making process, there is transparency. The draft team won’t require open meetings, and I recommend that the meetings be held in public. Council comments included: Grover: I’m ok with the original composition proposed in the draft ordinance. Clompus: I suggest a hybrid approach – Engineer and Planner (as-needed), City Manager, Planning Commissioner, Councilmember, City Clerk, and Water Plant Director. Anything that opens this up to the public, the better. Davies: I agree with Richard Johnson’s comments, that the meetings should be public and exclude the City Planner and Engineer. The meetings should be publicly noticed, but not subject to the Brown Act. City Manager Naffah explained that decisions enacted by the WSRT do not need to come to the Council for approval. The Ordinance outlines the steps, very clearly. Opening the meetings to the public will offer transparency. This is not an advisory committee. Motion (Clompus/Grover) to adopt the WSRT consisting of the City Manager, Public Works Director, Planning Commissioner, City Councilmember and require the meetings to be open to the public. Passed 4-0.

FUTURE AGENDA ITEMS - Final Budget - Government to Governement Meeting Policy

ADJOURNMENT: 9:00pm.

Submitted by: Approved by: _____________________________ _____________________________ Gabriel Adams Steve Ladwig Trinidad City Clerk Mayor

CONSENT AGENDA ITEM 1

SUPPORTING DOCUMENTATION ATTACHED

1. Staff Activity Report – June 2021

City Manager’s Report Date: July 13, 2021 ________________________________________________________________________ Angela Zetter: Angela has accepted a full-time job to work for the Pacific Union School in Arcata. She plans to continue to cover meetings and minutes for several of our commissions and committees in a part-time capacity after hours. The City will be advertising for a full-time Administrative Assistant position beginning July 13th with a deadline of July 28th. Angela will be sorely missed since she has been an essential part of our staff; with her productive, friendly and professional manner. Stormwater Project: The City’s Stormwater Project has accepted the low bidder of G. R. Sundberg, Inc. Construction should begin the third week of July, pending availability of materials for the project. In addition to the City’s project, an additive bid covers stormwater improvements for the Humboldt State University Marine Lab. Construction will take place on part of Underwood, Ewing, Edwards, and mostly in the Harbor/Beach Parking Lot. CIRA: On July 1st, I virtually attended the first board meeting of CIRA (the California Intergovernmental Risk Authority), our insurance consortium. CIRA is the result of the merger of PARSAC and REMIF. Former PARSAC members Trinidad, Blue Lake and Ferndale joined former REMIF members Eureka, Arcata and Fortuna in CIRA. Water Advisory Committee: The Water Advisory Committee (WAC) had their first meeting on June 14th. The five committee members identified areas of focus for each member to research and report back at their next meeting on July 14th at 6 pm via Zoom. STR Advisory Committee: The STR Advisory Committee had their quarterly meeting on June 29th. Improvements to the STR Ordinance were discussed. Topics included caps in zoning areas and fines for violations. Many STR’s are using insurance policies through the booking platform rather than security deposits.



2. Financial Statements – May 2021



3. Law Enforcement Report – June 2021



4. City Manager Contract Renewal

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This EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on July 13, 2021, by and between the CITY OF TRINIDAD, CALIFORNIA,

(hereinafter "Employer"), and Eli Naffah (hereinafter "Employee"). RECITALS WHEREAS, the Employer is represented in this Employment Agreement by its governing body, the City Council; and WHEREAS, the Employee has significant applicable experience in local government and public sector management that qualifies him to perform the duties of City Manager; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

AGREEMENT Section 1. DUTIES OF THE EMPLOYER

It shall be the responsibility of the Employer to provide timely support and assistance to the Employee in his role as the City Manager.

The Employer shall provide policy guidance to the Employee by ongoing acts of the City Council. Section 2. DUTIES OF THE EMPLOYEE

A. City Management: It shall be the responsibility of the Employee to manage the daily affairs of the City of Trinidad in a manner that is consistent with the generally accepted practices of city management in the State of California.

B. Law Enforcement It shall be the duty of the Employee to see that all laws and

ordinances of the Employer are duly enforced, and to see that all franchises, licenses, and permits granted by the Employer, and contracts entered into by the Employer are faithfully performed and observed.

C. Authority Over Other Employees: It shall be the duty and the authority of the

Employee to control and give directions to all City Staff and contracted employees such as the City Planner, City Attorney, City Building Inspector.

D. Power of Appointment and Removal: It shall be the duty of the Employee to appoint,

remove, promote, demote, suspend, or dismiss all officers and employees of the Employer, subject to all applicable personnel ordinances, rules and regulations. No department head shall be appointed or removed until the Employee has first reviewed such appointment or removal with

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the City Council and received approval of such appointment or removal from the City Council, in Executive Session.

E. Legislative Recommendations: It shall be the duty of the Employee to recommend to

the City Council for adoption of measures, ordinances, and resolutions as he deems necessary or expedient.

F. Council Meetings and Records: It shall be the duty of the Employee to prepare

agenda materials for City Council meetings, and to maintain a complete and up-to-date record of the City Council meetings.

G. Attendance at City Council Meetings: The Employee shall attend all meetings of the

City Council except (1) when specifically excused from attending a particular meeting, or (2) when his removal is under consideration by the City Council.

H. Financial Reports: The Employee shall keep the City Council at all times fully

advised as to the financial condition and needs of the Employer. I. Budget Preparation: It shall be the duty of the Employee to prepare and submit the

proposed Annual Budget to the City Council for its consideration and to be responsible for the efficient administration of the budget after its adoption by the City Council.

J. Fiscal Responsibility: It shall be the responsibility of the Employee to allocate funds

and approve expenditures necessary for the ongoing operations of the City of Trinidad, in accordance with allocation made in the approved and/or amended Annual Budget.

K. Long Term Planninq: The Employee, with assistance from staff and consultants, shall develop long-range plans and capital improvement programs for maintaining and upgrading of City of Trinidad facilities, buildings, and infrastructure.

L. Tracking Laws: The Employee shall keep track of changes to State and Federal laws

that are applicable to the Employer. M. Grant Applications: It shall be the responsibility of the Employee, with assistance

from staff and consultants, to apply for and administer Federal, State, and private foundation grant funding.

N. Employee Relations: It shall be the responsibility of the Employee to carry out the

labor relations process on behalf of the City Council.

O. Additional Duties: The City Council may, from time to time by ordinance, resolution, or other action, fix any such other terms and conditions of employment as it may determine, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Trinidad's Municipal Code, or any other law. It shall be the duty of the Employee to perform such other duties and exercise such other powers as may be delegated to him by the City Council. Section 3. SPECIFIC PROJECT DUTIES

The Employer may direct the Employee to undertake and manage specific projects leading to the betterment of the City of Trinidad and the established policy guidelines of the City Council.

Specific projects will vary and will be defined by the City Council. Examples of specific projects may include updating of the General Plan, pursuit of improvements to the Water System,

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preparing or managing the preparation of new or amended plans or studies, undertaking of negotiations for new or revised professional services, and solicitation of actions that would improve the revenue situation for the Employer. Section 4. DIRECTION AND SUPERVISION OF THE EMPLOYEE

The Employee must be able to perform the duties of this position on an ongoing basis with minimal direction from the Employer.

The Employee shall take specific directions, orders, and instructions from the Employer through action of the majority of the City Council acting in a duly convened meeting, and no individual Council member shall give any orders or instructions to the Employee. Section 5. WORK SCHEDULE OF THE EMPLOYEE

The Employer and the Employee agree that the Employee shall carry out the above responsibilities forty-seven weeks a year, at an average rate of 30 hours per week, for an annual total of no more than 1410 hours. Of the 47 weeks contracted for, it is anticipated and expected that the Employee shall work (a) at least one day each week, and (b) four days per week generally. The Employee shall receive advance approval from the Mayor for being absent any of the remaining five weeks of the year that the Employee is not contracted to work at all.

The Employee will report for work at a work location to be provided by the Employer during normal work hours, and at such other times (such as evening meetings) as to be determined and agreed upon by the Employer and the Employee.

Of the contracted 1410 hours annually, some flexibility in hours worked per day or per week is assumed, to allow for personal or family events, or for extraordinary council sessions, etc.

The Employee will be asked to attend annual meetings of the California League of Cities.

The Employer will cover expenses for attendance at said meetings, not to exceed 2 (two) meetings per year. Section 6. COMPENSATION The Employee shall receive an annual salary of $79,000 effective at the next full pay period after the date of this agreement.

The Employee shall be provided with a City cell phone for City business. This cell phone provision assumes reasonable access to the City Manager after hours by City Staff.

The Employee shall be included in the Life Insurance benefit provided to full time City Employees.

To the extent allowed by law, the Employee will be allowed to pay some of his hourly

compensation, before taxes, into the Employer’s deferred compensation plan. The Employee shall receive the equivalent of 6% of the employee’s salary as a City contribution to Employer's deferred compensation plan and up to an additional amount of 6% of the employee’s salary paid by the City based on the level of contribution by the employee.

The Employee shall receive $400 per month as a Rent Stipend to offset the cost of

renting housing in the Greater Trinidad area, in order to be readily accessible to the City.

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There are no other compensation or benefits provided to the Employee by the Employer.

Section 7. TERM

The term of this Agreement shall be from July 13, 2021 through July 12, 2022, if the sales tax initiative passes.

Employee agrees that, during the periods described in Section 5 herein, Employee remains in the exclusive employ of Employer during the employment term and will neither accept employment nor become employed by another employer which requires the performance of work duties during the periods described. Notwithstanding this, and at the sole discretion of Employer, Employee may accept compensation for outside consulting, writing, or speaking engagement; or while teaching or training; or while serving on the Board of Directors of one or more corporations; provided, however, that such outside activities or work are not inconsistent or incompatible with City of Trinidad employment. Remaining on the faculty with College of the Redwoods is permitted within this provision.

At the end of the term of this Agreement, the Agreement shall be reconsidered by both parties and, at such time, may be terminated of extended with any modifications that are agreed upon by both parties. Section 8. INDEMNIFICATION

In addition to that required under state and local law, the Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of a lawful alleged act or omission occurring in the performance of Employee's duties. Employer will compromise and settle such claims or disputes as appropriate and pay the amount of any settlement or judgment rendered thereon. Section 9. PERFORMANCE EVALUATION

The City Council shall review and evaluate annually the performance of the Employee. Said review and evaluation shall be in accordance with the POSITION RESPONSIBILITIES of the attached document: City Manager Job Description & Evaluation. Said POSITION RESPONSIBILITIES may be added to or deleted from as the Council may from time to time determine, in consultation with Employee. Further, the City Council shall provide the Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council.

Annually, the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of Trinidad and the attainment of the City Council's policy objectives and shall further establish a relative priority among those goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations involved.

In effecting the provisions of this Section, the City Council and Employee mutually agree to abide by the provisions of applicable law.

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Section 10. AT-WILL EMPLOYMENT

This is an at-will employment relationship, and either the Employer or the Employee may terminate the relationship for any reason, with or without cause, and without prior written notice, except as specified in Section 11 of this Agreement.

Pursuant to the Trinidad Municipal Code, the parties acknowledge and agree that the City Manager serves at the pleasure of the City Council; that there exists no contract for or right of employment, either express or implied, with the sole exception of the provisions contained herein; that the City Council may terminate the employment of the Employee with or without cause; and that upon such termination, with or without cause, Employee's sole remedy under the laws of the State of California, the laws of these United States, the Trinidad Municipal Code, and this Agreement consists of the provisions contained herein. Section 11. TERMINATION OF THE AGREEMENT

The removal/dismissal of the Employee shall be affected only by a majority vote of the entire City Council. In the event of termination of this Agreement by the Employer for cause, the Employee shall be provided no severance payment, and will be paid for any work done to the time of termination.

In the event of termination of this Agreement by the Employer without cause, the

Employee shall be provided a severance payment equivalent to one month’s pay at the Employee’s current compensation level.

‘Cause’ for the purposes of this paragraph, shall be defined as a documented failure of

the Employee to effectively perform the duties of the position as defined in Section 2, or other specific action by the Employee which a majority of the City Council finds to warrant termination of the agreement.

In the event that the City Council elects to terminate the Agreement, the Employee will be

provided the option to resign from the position.

In the event of termination of this Agreement by act of the Employee, the Employee will act in a professional manner by giving 60 days notification to the City Council and will assist in whatever transition is necessary upon his termination of employment, within reason. Section 12. AMENDMENTS

Unless otherwise specified herein, this Agreement may be changed or modified only upon written consent of the parties hereto. Section 13. GENERAL PROVISIONS

If any provisions, or any portion thereof, contained in this Agreement are held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

If any provisions of the City of Trinidad's Personnel Rules, Regulations, and Policies conflict with the at-will employment status described in this Agreement, such conflicts will be resolved in favor of the at-will status contained in this Agreement.

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Employer and Employee agree that they will, at all times, assist each other in defending any litigation involving the City of Trinidad, or Employer's duties with Employer, and Employer agrees to defend Employee against any claim or action against him arising out of an act or omission occurring with the scope of Employee's employment. The parties shall each comply with the requirements of Section 825 of the Government Code or its successor implementing this paragraph. Section 14. ENTIRE AGREEMENT

This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the provision thereof and supersedes any and all prior agreements and understanding, oral or written, in connection therewith. Section 15. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same Agreement.

EXECUTION OF THE AGREEMENT

The Employer approved this agreement and authorized the Mayor to sign on the Employer’s behalf at their duly noticed Council meeting of July 13, 2021.

IN WITNESS THEREOF, the Employer and the Employee have executed this Agreement effective July 13, 2021 EMPLOYER EMPLOYEE By: _____________________ By:_______________________

Mayor Steve Ladwig Eli Naffah Date: ________________,2021 Date:_________________ ,2021

DISCUSSION AGENDA ITEM


1. Discussion/Decision regarding First Reading of Ordinance 2021-03; Water Shortage Ordinance

DISCUSSION AGENDA ITEM July 13, 2021 ---------------------------------------------------------------------------------------------------------------- Item: Water Shortage Ordinance This ordinance was developed to implement the Water Shortage Contingency Plan (WSCP) that was adopted by the Council in February of this year. This ordinance would replace the existing water rationing ordinance that makes up Chapter 13.08 of the Municipal Code. It also includes a revision to §13.04.440 of the City’s water service ordinance to add specific, permanent water waste prohibitions. These could be permanently enacted as proposed, or just during a drought (e.g. Stage 1+). Much of the ordinance framework and language was taken from the City of Santa Cruz (Chapter 16.01 of their Municipal Code), because much of the WSCP also came from Santa Cruz’s Plan. They are also in a Stage 1 Warning right now, and you can find more information about the implementation of their program at the following link: https://www.cityofsantacruz.com/government/city-departments/water/2021-stage-1-warning. There are some notable differences between Santa Cruz and Trinidad, which require the WSCP and ordinance to differ as well. One is that Santa Cruz has substantially more staff, including a large water department, so there is more flexibility in staff roles and authorities, and the public works director has most of the power to implement the ordinance. Secondly, Santa Cruz has storage reservoirs, so their stage declarations are generally a function of storage capacity, and conservation is intended to preserve storage. It is recognized that conservation early in the dry season in Trinidad will not increase supply later in the season, but it will help get people used to conserving in case of a real shortage and help preserve the required bypass flow in the creek. In writing the ordinance, it made me further consider the logistics and details of implementing the WSCP. Therefore, I did deviate from the WSCP in places, mostly for clarity and to improve the efficiency of implementation. Therefore, the WSCP will need to be updated as well. For example, the City Council recently reduced the make-up of the Water Shortage Response Team to make it more responsive. Similarly, declaration of each stage by the City Council may not be reactive enough to respond to conditions that can change quickly on Luffenholtz Creek and at the City’s water plant. Therefore, after the first stage, authority to increase the stage declarations has been given to the City Manager. In addition, the list of water use restrictions for each stage is more specific in the ordinance. Additional information is provided below. The following are specific comments/questions to consider by section: § 13.04.440.E: The State has also been considering enacting regulations to prohibit waste, and the most recent version (though it seems to be on hold) includes a total prohibition of

https://www.cityofsantacruz.com/government/city-departments/water/2021-stage-1-warning

https://www.cityofsantacruz.com/government/city-departments/water/2021-stage-1-warning

washing exterior (ground) surfaces, except for sanitary reasons. Another option, besides just requiring a shut-off nozzle as currently proposed, it could require using a high-efficiency power washer using not more than a specified gallons per minute. § 13.08.080.A: As mentioned above, the WSCP authorizes the City Council to make each water shortage stage declaration. That isn’t an issue for Stage 1, but beyond that, it may take too much time to document conditions leading to a subsequent stage, convening and meeting, and publishing in a newspaper. Therefore, I made the City Manager response for declaring subsequent stages. If the City Council agrees, the WSCP should be updated to reflect that. § 13.08.080-120.B: The water use restrictions that ended up in the WSCP are a bit sparse. I realized this may have been due to how it was originally presented to the Planning Commission. Staff provided a variety of sources and options rather than a list of suggestions. And we never really got into a detailed discussion about the restrictions and which to include in the WSCP, so not many ended up in it, and the ones that are, tend to be general. For the ordinance, I followed the City of Santa Cruz’s restrictions pretty closely, and there are more in the ordinance than in the WSCP. This topic should be further discussed, and one or the other, or both, of the documents should be updated for consistency. § 13.08.090.B.8; 13.08.100.B.13-16; 13.08.110.B.11-14; 13.08.120.B.1 and 10-13: These all refer to the WSRT. Another option would be to make the City Manager ultimately responsible. The WSCP just refers to the “City” doing these actions without any detail. Also, recall that at the June 8 meeting the City Council voted to change the make-up of the WSRT to consist of the City Manager, Public Works Director, Planning Commissioner, and a City Councilmember. So that will also need to be updated in the WSCP. The ordinance has been circulated to City staff for review (City Manager, City Engineer, Public Works Director) and has also been reviewed by the City Attorney. Attachments Ordinance 2021-03 Water Shortage Contingency Plan (adopted February 2021) Recommended Action: Consider the attached draft Ordinance 2021-03 and the WSCP that it implements. The Council could take action to approve the first reading of the ordinance and direct staff to amend the WSCP in accordance with the ordinance. Or the Council could direct staff to make changes to the ordinance and bring it back to a future meeting, along with the amended WSCP for a first reading of the ordinance and adoption of a revised WSCP.

of 14 Trinidad Water Shortage Ordinance DRAFT – July 2021

TRINIDAD CITY HALL STEVE LADWIG, MAYOR P.O. BOX 390 GABRIEL ADAMS, CITY CLERK 409 Trinity Street Trinidad, CA 95570 (707) 677-0223

ORDINANCE NO. 2021-03

AN ORDINANCE OF THE CITY OF TRINIDAD

AMENDING SECTION 13.04.440 AND REPEALING CHAPTER 13.08 (WATER RATIONING) AND ADDING A NEW CHAPTER 13.08 (WATER SHORTAGE

REGULATIONS AND RESTRICTIONS) TO TITLE 13 OF THE TRINIDAD MUNICIPAL CODE.

The City Council of the City of Trinidad does hereby ordain as follows:

ORDINANCE 2021-XX, SECTION 1:

Revise chapter 13.04, Section 13.04.440, Water Waste, to read as follows: [strike through text indicates deletions]:

13.04.440 Water waste prohibitions.

No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the city may discontinue the service if such conditions are not corrected within five days after giving the customer written notice. [Ord. 140 § 141, 1971].

It shall be unlawful for any person, firm, partnership, association, corporation, political entity (including the City) or any other water system customer to use water for any of the following:

A. Fire Hydrants. Use of water from any fire hydrant unless specifically authorized by permit from the City, except by regularly constituted fire protection agencies for fire suppression purposes, or for other authorized uses, including distribution system flushing, fire flow testing, and filling of approved vehicles for authorized purposes.

B. Watering/Irrigation. The application of potable water to outdoor landscapes in a manner that causes runoff such that more than just incidental water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots or structures.


C. Watering/Irrigation. The application of potable water to outdoor landscapes within 48 hours after rainfall totaling 0.25 inches or more.

D. Plumbing Leaks. The escape of water through leaks, breaks, or other malfunctions within the water user’s plumbing or distribution system for any period of time after such break or leak should have reasonably been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers such break, leak or malfunction, or receives notice from the City of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangements for correction.

E. Washing of Exterior Surfaces. The washing of sidewalks, walkways, driveways, parking lots, patios, or other exterior surfaces unless the hose is equipped with an automatic shutoff nozzle.

F. Cleaning of Structures and Vehicles. The cleaning of building exteriors, mobile homes, cars, boats, and recreational vehicles unless the hose is equipped with an automatic shutoff nozzle.

G. Fountains and Decorative Water Features. The operation of a water fountain or other decorative water feature that does not use re-circulated water.

H. Construction. The use of potable water for dust control or soil compaction purposes in construction activities where there is a reasonably available source of reclaimed water appropriate for such use.

I. The indiscriminate running of water or washing with water, not otherwise prohibited in this section which is wasteful and without reasonable purpose.

ORDINANCE 2021-XX, SECTION 2:

There is hereby added to the Trinidad Municipal Code a new chapter, chapter 13.08, replacing the existing chapter 13.08, to be known as the “City of Trinidad Water Shortage Regulations and Restrictions Ordinance,” which shall read as follows:

Chapter 13.08

WATER SHORTAGE REGULATIONS AND RESTRICTIONS

13.08.010 – FINDINGS

Whereas, the City of Trinidad water system draws exclusively from Luffenholtz Creek, whose yield varies from year to year depending on the amount of rainfall received and runoff generated during the winter season; and


Whereas, the City water system is susceptible to water shortages in very dry years or in periods of prolonged regional drought when water conditions, characterized by low surface flows in Luffenholtz Creek, could reduce the available supply to a level that cannot support daily water demand; and

Whereas, on ___________, the City Council of the City of Trinidad adopted a Water Shortage Contingency Plan that describes how the City will respond to future water shortages and lists the various actions the City would take to reduce water demand under different water shortage scenarios; and

Whereas California Water Code Sections 350 et seq. authorize water suppliers, after holding a properly noticed public hearing and after making certain findings, to declare a water shortage (emergency) and to adopt such regulations and restrictions to conserve the water supply for the greatest public benefit with particular regard for domestic use, sanitation, and fire protection; and

Whereas, the voluntary and mandatory water conservation measures and progressive restrictions on water use and method of use set forth herein provide an effective and immediately available means of conserving water which is essential during periods of water shortage to ensure a reliable and sustainable minimum supply of water for the public health, safety, and welfare; and

Whereas, public outreach and conservation in the early stages of a drought or other foreseeable shortage helps people transition to using less water and helps to minimize the adverse effects of potential future critical water supply shortages and emergency water supply conditions; and

Whereas, the usage allotments hereinafter established will equitably spread the burden of restricted and prohibited usage in a manner prescribed by the City’s Water Shortage Contingency Plan over all City water customers and other consumers of City water.

13.08.020 – PURPOSE

The purpose of this chapter is to implement the City of Trinidad’s Water Shortage Contingency Plan (WSCP) in order to protect public health, welfare, and safety through conservation of the City’s water resources in times of insufficient water supply, which could be caused by drought, mechanical failure, and other conditions. Implementation of this chapter is intended to conserve the water supply of the City of Trinidad for the greatest public benefit, to mitigate the effects of a water supply shortage on public health and safety and economic activity, and to budget water use so that a reliable minimum supply of water will be available for the most essential purposes for the extent possible during the duration of the water shortage.

13.08.030 – DEFINITIONS

A. “City Manager” refers to the City Manager of the City of Trinidad.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT&sectionNum=350


B. “Water” refers to water produced and served by the City of Trinidad water system.

C. “City” refers to the City of Trinidad.

D. “Customer” shall refer to any account customer of the City of Trinidad water system as well as to any consumer of City water who may not be a City of Trinidad water system account customer.

E. Issue/Declare. Whenever this chapter references the City Council’s, City Manager’s, or other City staff’s issuance or declaration of an alert, warning, emergency, or regulation, said alert, warning, emergency or regulation shall be put into effect by the placement of a legal advertisement in a newspaper of general circulation, by a posting on the City’s website and by a posting in three conspicuous public places. Any such alert, warning, emergency or regulation shall take effect upon the date of its publication in the Mad River Union or Times-Standard.

F. “Water Shortage Response Team (WSRT)” refers to a committee formed by the City Council of the City of Trinidad during water shortage conditions to advise the Council on implementation of the WSCP and this chapter.

13.08.040 – DECLARATION OF WATER SHORTAGE

The provisions of this chapter shall take effect whenever the City Council, upon analysis of City water supplies and/or upon recommendation appropriate City staff, finds and determines that a water shortage exists or is imminent within the City of Trinidad Water Service Area and a declaration of a water shortage is made by a resolution of the City Council, and shall remain in effect for the duration of the water shortage and until the City Council rescinds the resolution. Once the City has declared that a water shortage exists, the WSRT shall be formed and the City Manager shall be empowered to declare the various water shortage stages as recommended by the WSRT and outlined in the WSCP and herein.

13.08.050 – APPLICATION OF REGULATION

The provisions of this chapter shall apply to all persons using or consuming water produced by the Trinidad water system both inside and outside the City and within the City Water Service Area, and regardless of whether any person using water shall have a contract for water service with the City.

13.08.060 – PRECEDENCE OF REGULATIONS

Where other provisions of the municipal code, whether enacted prior or subsequent to this chapter, are inconsistent with the provisions of this chapter, the provisions of this chapter shall supersede and control for the duration of the water shortage set forth in the resolution of the City Council.


13.08.070 – WATER SYSTEM CUSTOMER CLASSIFICATIONS/ALLOCATIONS

For determining a water system customer’s water allocation during a declared water shortage under this chapter and for all other purposes under this title, the following customer classification definitions shall apply based on the customer’s ownership or occupation of the following types of property served by the water system:

A. Residential User: Account serving not more than two residences.

B. Commercial User: Account serving non-residential uses and accounts serving more than two residences.

C. Large User: Account that averages 500 gpd or more during the water shortage.

13.08.080 – STAGE 1: WATER SHORTAGE ALERT

A. The City Council, upon finding that the criteria delineated in the City’s adopted WSCP have been met for Stage 1, shall issue a water shortage alert and recommend the water shortage restrictions in this section. In a Stage 1 water shortage, the City will encourage the following water shortage restrictions.

B. During Stage 1, the City shall encourage any person, firm, partnership, association, corporation, political entity (including the City) or any other water system customer to utilize the following conservation measures:

1. To not water or irrigate lawn, landscape, or other vegetated area between the hours of 10:00 a.m. and 5:00 p.m., except when performed with a bucket or watering can, or by use of a drip irrigation system or similar low volume, nonspray irrigation equipment, or for very short periods of time for the express purpose of allowing landscape contractors to adjust or repair an irrigation system;

2. To not use a hose that is not equipped with a shutoff nozzle for any purpose;

3. To not use water to wash down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking lots, tennis courts, patios, or other paved surfaces, except when it is necessary to alleviate safety or sanitation hazards or to prepare paved surfaces for sealing; and/or

4. To not irrigate unlandscaped areas.

13.08.090 – STAGE 2: WATER SHORTAGE WARNING

A. The City Manager, upon recommendation by the WSCT that the criteria delineated in the City’s adopted WSCP have been met for Stage 2, shall issue a water shortage warning and enforce the water shortage restrictions in this section. In a Stage 2 water shortage, the recommended measures from Stage 1 shall become mandatory. The City will enforce the following water shortage restrictions.

B. During Stage 2, it shall be unlawful for any person, firm, partnership, association, corporation, political body (including the city) or other water department customer:


1. To water or irrigate lawn, landscape, or other vegetated area between the hours of 10:00 a.m. and 5:00 p.m., except when performed with a bucket or watering can, or by use of a drip irrigation system or similar low volume, nonspray irrigation equipment, or for very short periods of time for the express purpose of allowing landscape contractors to adjust or repair an irrigation system;

2. To irrigate unlandscaped areas;

3. To use a hose that is not equipped with a shutoff nozzle for any purpose;

4. To use water to wash down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking lots, tennis courts, patios, or other paved surfaces, except when it is necessary to alleviate safety or sanitation hazards or to prepare paved surfaces for sealing;

5. To wash the exterior of dwellings, buildings or structures (with the exception of window washing and preparation of property for painting or for sale);

6. To operate a commercial lodging establishment, including STRs, without offering patrons the option to forego the daily laundering of towels, sheets and linens;

7. To serve water in a restaurant or other commercial food service establishment except upon the request of a patron; and/or

8. To disobey WSRT direction to large users to conduct water use audits and to prepare water conservation plans.

13.08.100 – STAGE 3: WATER SHORTAGE EMERGENCY

A. The City Manager, upon recommendation by the WSCT that the criteria delineated in the City’s adopted WSCP have been met for Stage 3, shall issue a water shortage emergency and enforce the water shortage restrictions in this section. In a Stage 3 water shortage, the City will enforce the following water shortage restrictions.


1. To water or irrigate lawn, landscape, or other vegetated area between the hours of 10:00 a.m. and 5:00 p.m., except when performed with a bucket or watering can, or by use of a drip irrigation system or similar low volume, nonspray irrigation equipment, or for very short periods of time for the express purpose of allowing landscape contractors to adjust or repair an irrigation system;

2. To water or irrigate lawn, landscape, or other vegetated area on days of the week other than the specified day(s) of the week authorized and publicized by the City Manager, except when performed with a bucket or watering can, or by use of a drip irrigation system or similar low volume, nonspray irrigation equipment, or for very short periods of time for the express purpose of allowing landscape contractors to adjust or repair an irrigation system. Hourly restrictions set forth in subsection (B)(1) continue to apply on authorized watering days. This provision shall not


apply to residential vegetable gardens/edible plantings watered with a hose equipped with a shutoff nozzle;

3. To water or irrigate lawn, landscape, or other vegetated area using an automatic irrigation system for more than fifteen minutes per watering station per assigned day. This provision shall not apply to automatic irrigation systems exclusively using low output sprinkler equipment, including rotors, stream rotors, or micro-spray systems;


5. To install new landscaping;


7. To use potable water to wash down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking lots, tennis courts, patios, or other paved surfaces, except when it is necessary to alleviate safety or sanitation hazards or to prepare paved surfaces for sealing;


9. To wash vehicles, including RVs and boats;

10. To operate a commercial lodging establishment without offering patrons the option to forego the daily laundering of towels, sheets and linens;

11. To serve water in a restaurant or other commercial food service establishment except upon the request of a patron;

12. To initially fill or to drain and refill swimming pools and hot tubs;

13. To disobey WSRT direction to large users to conduct water use audits, to prepare water conservation plans and to submit progress reports, or to immediately repair water system leaks, including leaks attributable to faulty pipes or fixtures;

14. To violate residential and commercial user water rationing regulations, including regulations intended to preclude excessive water usage and specifying maximum water usage limitations, issued by the WSRT in accordance with the City’s adopted water shortage contingency plan; and/or

15. To disobey WSRT directives issued to commercial users requiring the prominent placement of “Save Water” signage at specified locations at the customer’s premises.

16. To exercise any rights conferred by hydrant and bulk water sales that were issued prior to the severe water shortage emergency declaration absent special permission granted by the WSRT. Said special permission may be granted only for projects necessary to protect the public health, safety and welfare where no alternative to potable water exists and for emergency response purposes.


13.08.110 – STAGE 4: SEVERE WATER SHORTAGE EMERGENCY



1. To water or irrigate lawn, landscape, or other vegetated area with potable water, except with low-flow drip irrigation;




5. To use potable water to wash down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking lots, tennis courts, patios, or other paved surfaces, except when it is necessary to alleviate safety or sanitation hazards or to prepare paved surfaces for sealing;


7. To wash vehicles, including RVs and boats;



10. To initially fill or to drain and refill swimming pools, hot tubs, wading pools, or decorative water features;


12. To violate residential and commercial user water rationing regulations, including regulations intended to preclude excessive water usage and specifying maximum water usage limitations, issued by the WSRT in accordance with guidelines set forth in the City’s adopted water shortage contingency plan; and/or

13. To disobey WSRT directives issued to commercial customers requiring the prominent placement of “Save Water” signage at specified locations at the customer’s premises.

14. To exercise any rights conferred by hydrant and bulk water sales that were issued prior to the severe water shortage emergency declaration absent special permission granted by the WSRT. Said special permission may be granted only for projects


necessary to protect the public health, safety and welfare where no alternative to potable water exists and for emergency response purposes.

13.08.120 – CRITICAL WATER SHORTAGE EMERGENCY



1. To water or irrigate lawn, landscape, or other vegetated area with potable water, except as authorized by the WSRT;




5. To use potable water for any outdoor washing purpose including vehicle washing, window washing, and paint preparation;



8. To fill or top off swimming pools, hot tubs, wading pools, or decorative water features;

9. To use water for recreational purposes;


11. To violate residential and commercial user water rationing regulations, including regulations intended to preclude excessive water usage and specifying maximum water usage limitations, issued by the WSRT in accordance with guidelines set forth in the City’s adopted water shortage contingency plan; and/or

12. To disobey WSRT directives issued to commercial customers requiring the prominent placement of “Save Water” signage at specified locations at the customer’s premises.

13. To exercise any rights conferred by hydrant and bulk water sales that were issued prior to the severe water shortage emergency declaration absent special permission granted by the WSRT. Said special permission may be granted only for projects


necessary to protect the public health, safety and welfare where no alternative to potable water exists and for emergency response purposes.

13.08.130– EXCEPTIONS

A. The WSRT, with the exception of the City Council representative, upon application made in writing by a customer on a form promulgated by the City and accompanied by supporting documentation, shall be authorized to issue an exception from the strict application of any restriction, regulation or prohibition enforced pursuant to this chapter, upon the customer’s production of substantial evidence demonstrating the existence of one or more of the following circumstances that are particular to that customer and which are not generally shared by other water users:

1. Exceptions applicable to all City water service customers:

a. Failure to approve the requested exception would cause a condition having an adverse effect on the health, sanitation, fire protection, or safety of the customer or members of the public served by the customer;

b. Alternative restrictions to which the customer is willing to adhere are available that would achieve the same level of demand reduction as the restriction for which an exception is being sought and such alternative restrictions are enforceable by the water department;

c. Circumstances concerning the customer’s property or business have changed since the implementation of the subject restriction warranting a change in the customer’s water usage allocation.

d. A customer has already implemented sustainability measures that have reduced water consumption to the maximum extent feasible. As used in this subsection the term “sustainability measures” refers to installation of high efficiency plumbing fixtures, devices, equipment, and appliances, recycled water systems, and landscaping consisting exclusively of low-water-using plant materials using drip or similar high efficiency, nonspray irrigation systems, or to buildings that are designed, built, and continuously operated according to Leadership in Energy and Environmental Design (LEED) certification standards.

2. Exceptions applicable only to commercial users. For purposes of this subsection a residential dwelling unit which is used as a short-term rental shall not be classified as a business.

e. Strict application of the subject restriction, regulation or prohibition would impose a severe or undue hardship on a particular business customer or render it infeasible for a particular business customer or class of business customers to remain in operation;

f. A commercial user utilizing industry best management practices is eligible for an exception upon demonstrating that the subject restriction, regulation or


prohibition is interfering with or preventing it from providing service to its customers in accordance with industry hygiene, sanitation and care standards.

B. In order to qualify for an exception, a customer must first complete a self water audit pursuant to standards and procedures promulgated by the WSCT. This audit shall be made part of the customer’s exception application and water conservation measures indicated by the audit may be incorporated as conditions of approval to an exception in addition to any other conditions of approval imposed by the WSRT in connection with the WSRT’s approval of the customer’s exception application.

13.08.140 – APPEALS

A. Any person affected by a decision on water allocation, rationing, fines or enforcement by the WSRT or City staff as authorized herein may appeal to the City Council by filing a notice of appeal with the Clerk of the City within 10 working days of the action of the WSRT or City staff.

1. A water service resident who is not an account customer may notify the City Clerk of his or her intention to file a petition to force the resident’s account customer to appeal an excess water use penalty within ten business days following the penalty;

2. If the water department has been given a notice of intention to file a petition per subsection (A)(1) by a water service area resident who is not an account customer, the appeal from the account customer must be received within fifteen business days after the account customer has been petitioned by the resident;

B. The appeal shall be accompanied by a filing fee set by resolution of the City Council of the City in an amount sufficient to cover costs to the City. The appeal shall stay the effect of the action of the WSRT or City staff.

C. The appeal shall be in writing and shall state the nature of the appeal specifying the action or penalty that is being appealed and the basis upon which the action or penalty is alleged to be in error. Penalty appeals shall include a copy of the notice of violation.

D. The City Clerk shall forward copies of the appeal to the City Council and WSRT and/or the City staff member who made the decision. In the notice of appeal, the appellant shall state in full the facts and circumstances which make the action of the WSRT or City staff unreasonable. It shall also state the date of the claimed unreasonable action of the WSRT or City staff.

E. The City Council shall cause the matter to be set for hearing not earlier than 14 days after the appeal has been filed with the Clerk of the City. The Clerk of the City shall cause notice to be mailed to all affected persons (within 100 feet of the property boundaries) at least 10 days prior to the hearing.

F. At the time and place set for the hearing, the City Council shall proceed to hear the testimony of the WSRT or City staff, the testimony of the owner or their representatives, and the testimony of other competent persons concerning conditions upon which the action of the WSRT or City staff is based and other matters which the


City Council may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and other witnesses. The hearing may be continued from time to time. The City Council may request an opinion from the City Attorney.

G. The City Council may upon the appeal either affirm the action of WSRT or City staff or modify the WSRT’s or City staff’s action in whole or in part. The decision of the City Council upon an appeal shall be based upon the facts presented to it and shall be final.

13.08.150 – ADMINISTRATIVE ENFORCEMENT

A. Any person, firm, partnership, association, corporation, political entity or other water department customer violating any provision of this chapter may be assessed an administrative penalty.

B. Each and every day a violation of this chapter exists constitutes a separate and distinct offense for which an administrative penalty may be assessed.

C. Penalties. The purpose of the administrative penalties assessed pursuant to this section is to assure future chapter compliance by the cited customer through the imposition of increasingly significant penalties so as to create a meaningful disincentive to commit future chapter violations. In acknowledgment of the fact that the City’s water is a scarce and irreplaceable commodity and that this chapter is intended to equitably distribute that commodity among water service customers and to assure that, to the extent feasible, City water is conserved and used only for purposes deemed necessary for public health and safety, the penalty schedule herein prescribed is not to be construed as creating a “water pricing” structure pursuant to which customers may elect to pay for additional water at significantly higher rates. To this end, a customer’s repeated violation of this chapter shall result in either the installation of a flow restriction device or disconnection of the customer’s property from the City’s water service system at the customer’s cost.

D. Administrative penalties for failure to comply with water waste prohibition requirements in Section 13.04.440 or mandatory water use restrictions and regulations commencing with Stage 1 in Section 13.08.080 are as follows:

1. First Offense. Written notice of violation and opportunity to correct violation.

2. Second Offense. A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars ($100.00).

3. Third Offense. A third violation within the preceding twelve calendar months is punishable by a fine not to exceed two hundred fifty dollars ($250.00).

4. Fourth Offense. A fourth violation within the preceding twelve calendar months is punishable by a fine not to exceed five hundred dollars ($500.00). In addition to any fines, the City Manager may order a water flow restrictor device be installed.


5. Large Users. Administrative penalties for large users shall be triple the amounts listed above.

6. Discontinuing Service. In addition to any fines and the installation of a water flow restrictor, the City Manager may disconnect a customer’s water service for willful violations of mandatory restrictions and regulations in this chapter. Upon disconnection of water service, a written notice shall be served upon the customer which shall state the time, place, and general description of the prohibited or restricted activity and the method by which reconnection can be made.

E. Excessive Water Use Penalties. An excessive use penalty shall be assessed where the customer, during any given billing cycle, uses more than the customer’s water allotment per the City Managers water rationing regulations issued pursuant to this chapter commencing with Stage 3 in Section 13.08.100. Excess use penalties shall be in addition to ordinary water consumption charges, as follows:

1. One percent to ten percent over customer monthly rationing allotment: not to exceed twenty-five dollars ($25.00) per 100 cubic feet.

2. Between ten and twenty-five percent over customer monthly rationing allotment: not to exceed fifty dollars ($50.00) per 100 cubic feet.

3. More than twenty-five percent over customer monthly rationing allotment: not to exceed one hundred dollars ($100.00) per 100 cubic feet.

4. In addition to any excess use penalties, the City Manager may order a water flow restrictor device be installed and/or may disconnect a customer’s water service for willful violations of the water rationing regulations in this chapter. Upon disconnection of water service, a written notice shall be served upon the customer which shall state the time, place, and general description of the prohibited or restricted activity and the method by which reconnection can be made.

5. The WSRT is authorized to develop administrative policies and procedures for the waiver of excessive water use penalties.

F. Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this chapter is responsible for payment of charges for installing and/or removing any flow-restricting device and for disconnecting and/or reconnecting service in accordance with the City’s miscellaneous water service fee resolution then in effect. The charge for installing and/or removing any flow restricting device must be paid before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

G. Notice and Hearing. The City Manager will issue a notice of violation by mail or personal delivery at least ten business days before taking any enforcement action described in subsection (D). Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of the business day before the date scheduled for enforcement action, accompanied by a twenty-five-


dollar appeal fee. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the City will mail written notice of the hearing date to the customer at least ten days before the date of the hearing. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City Manager may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violation and the current declared water shortage condition.

13.08.160 – ADDITIONAL ENFORCEMENT AUTHORITY

In addition to the remedies referenced above, the City Manager is empowered to pursue any additional remedies necessary, including criminal, civil and administrative remedies provided in the Trinidad Municipal Code, to correct a violation of this chapter.

13.08.170 – SEVERABILITY

If any portion of this chapter is held to be unconstitutional, it is the intent of the city council that such portion of the chapter be severable from the remainder and that the remainder be given full force and effect.

PASSED, APPROVED AND ADOPTED this ______ Day of ____________, 2022 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attest: ____________________________ _____________________________ Gabriel Adams Steve Ladwig

Trinidad City Clerk Mayor First Reading: Second Reading:

p. 1 of 14 Trinidad Water Shortage Contingency Plan Final – February 2021

City of Trinidad

DROUGHT AND WATER SHORTAGE CONTINGENCY PLAN Purpose The purpose of the City of Trinidad’s Water Shortage Contingency Plan (WSCP) is to protect public health, welfare, and safety through conservation of the City’s water resources in times of insufficient water supply, which could be caused by drought, mechanical failure, and other conditions. Implementation of the WSCP is intended to prioritize critical water supplies for fire protection, sanitation, and domestic water use. Public outreach and conservation in the early stages of a drought or other foreseeable shortage helps people transition to using less water and helps to minimize the adverse effects of critical water supply shortages and emergency water supply conditions. Scope The WSCP defines a system-specific drought and water shortage index with associated mitigation measures to be used for water supply management in times of projected shortages and insufficient supply. It is not an overall Water Management Plan. Thus, it does not cover water supply sourcing, improvements to water plant equipment and operations, or water system maintenance. Definitions Water User Types:

Residential User: Account serving not more than two residences. Commercial User: Account serving non-residential uses and accounts serving more than two residences. Large User: Account that averages 500 gpd or more during the water shortage.

Trinidad Water System Overview The City of Trinidad’s (City) water supply is from Luffenholtz Creek, which is subject to limitations based on the terms of the City’s water right as it relates to flows in the creek. The flow in the creek varies significantly throughout the year. Multi-year droughts, other extractions from the creek, and long-term climate change can significantly reduce summer flows. Treatment system characteristics also affect the City’s ability to produce potable water; and storage and distribution system characteristics affect the City’s ability to distribute water. Luffenholtz Creek is currently the only source of raw water that serves the City of Trinidad system. The City purveys water to approximately 1,000 people inside and outside City limits. The City’s diversion and water plant is located at 1313 Westhaven Dr.


Trinidad California adjacent to Luffenholtz Creek. Water for the plant is pumped from a wet well that is filled through an infiltration gallery of perforated pipes located approximately ten feet below the creek bed. The point of diversion is just upstream of the Westhaven Dr. culvert. The City has current water rights limiting the rate of diversion, the annual maximum diversion, and requiring minimum bypass flows. In addition to water right limitations, the effective water production rates are limited by physical constraints in the processing of the water which include: infiltration gallery limitations, flocculator flow rates, filter fouling rates, backwash periods, and chlorine contact time requirements. In addition, the City has a relatively small amount of finished water storage that could supply typical uses for only a few days and is insufficient for bridging long term supply limitations. Because Trinidad’s water source is a small creek with no reservoir, the City essentially has no long-term storage. Therefore, the situation is different from most larger water systems that obtain water from a reservoir or groundwater storage. It means that water conservation early in the dry season, when flows on Luffenholtz Creek are normal, does not preserve water for future use when creek flows get low. Essentially, the amount of water the City can supply is a function of how much water it pumps each day. (See the Water Treatment Plant Production Memo dated May 1, 2020 by GHD for additional information.) Once flows in the creek drop to a certain level, the pump outpaces the rate at which the wet well infiltration gallery refills. Once the wet well drops to a certain level, the pump has to be turned off to allow it to refill again, limiting the amount of water that can be pumped into the treatment system each day. There is a tipping point where the City can go from pumping at normal capacity, to a very sharp drop in pumping capacity once the creek reaches a critically low flow level that impacts the City’s intake system. Roles and Responsibilities Water Committee / Water Shortage Response Team The City Manager shall be responsible for monitoring all potential water shortage conditions and shall make recommendations to the City Council regarding the implementation of the Water Shortage Contingency Plan. It is the responsibility of the City Council or its designee to declare a water shortage. At the time of, or prior to the declaration of Stage 1, the City Council shall form a Water Shortage Response Team to make recommendations to the City Council and facilitate implementation of the WSCP. The specific stages and triggers to activate each stage based on the condition of the water supply will be determined in cooperation with the Water Shortage Response Team. Table 1 summarizes the triggers and degree of water shortage for each stage of action based on the stages described below. Water Shortage Response Team (WSRT): City Manager, Public Works Director, City Engineer, City Planner, City Clerk/Assistant City Clerk, Planning Commission Representative, and City Council Representative.

http://trinidad.ca.gov/sites/trinidad.ca.gov/files/library/Water%20Production%20Memo%20May%201%202019.pdf


Declaration of Water Shortage Upon recommendation by the WSRT, formal action declaring a water shortage is taken by City Council. The legal requirements for such action are covered in Section 350 et. seq. and 375 et. seq. of the California Water Code. The code requires the following process be followed unless an immediate emergency exists:

• That City Council hold a public hearing on the matter; • That the public hearing be properly noticed (minimum of publishing once in

newspaper at least seven days prior to the date of the hearing); • Upon determining and declaring the existence of a water shortage, City Council

may then adopt regulations and restrictions governing the use and delivery of water.

In accordance with CA Water Code § 376, water conservation rules adopted by the City Council establishing water use regulations become effective immediately, but the ordinance or resolution, or a summary, shall be posted in three public places within the City within 10 days of its adoption. Public Outreach and Education Even before formal declaration of a water shortage, a public information/media program should be activated to provide customers with as much advance notice as possible. The WSRT has developed a Drought Communications Plan to be used to implement the procedures and recommendations of this WSCP. The following section provides an overview of the general procedures for and types of public outreach that may be used in Trinidad. As technology changes, public outreach should adapt accordingly. The purpose is to reach the maximum number of people possible in a timely manner. Following Council action, all residents and businesses, not just customers of record, would need to be provided notice of water shortage rules and regulations via a variety of media and communications methods, including print and television media, internet, and other methods. The timeline for getting information out to the public is very short. Initial notification would occur though the City’s email newsletter and water billing postcards. Notifications will also be posted around town and on the City’s website. Large water users and those businesses that are most likely to be seriously affected should be contacted directly. Coordination between City staff and other public agencies can begin prior to formal declaration of a water shortage and can be accomplished through regular meetings, e-mail group updates, and presentations. Getting the public involved and keeping them informed will require a significant expansion of existing water conservation public information and outreach efforts. Contracting with an advertising agency to assist with a communications campaign and mass media advertising is one way to expand outreach efforts quickly. A


substantial amount of printed information on how to conserve water during a water shortage has already been developed by others and can be put to immediate use. RVS Software: Brief messages, such as what Stage the City is in can be printed on the postcard sized water bills, and they can be printed on colored paper to indicate the water shortage stage. The software does have robust query options, so the City can search for and flag accounts that used a certain percentage more water than their own average, or an overall average for example. And since the City only has a little over 300 accounts, it wouldn’t be too much work export the data to Excel and produce customized messages or mailings. Email Newsletter: The City should develop an email list for all water customers and Luffenholtz Creek residents, that is separate from the City’s email newsletter list. The City will send out weekly updates or as conditions change. Texts: The City may develop an alert notification system that includes sending out text messages to those who sign up. City Website: Put most current information and conservation requirements, or links to it, on the home page. City Council meetings: City staff will provide updates at City Council meetings. Water Committee or WSRT: Regular meetings, forums or announcements as needed. Brochures and/or flyers: Brochures and/or flyers with information and tips on conserving water will be mailed to residents in the City, the City’s Water Service Area and within the Luffenholtz Creek watershed. Brochures and flyers will be made available in City Hall and other locations around the City as available. Flyers and posters will also be posted in public locations. Newspaper: The City does not have a daily paper of general circulation. A local, weekly newspaper may not be able to provide immediate information but may be a good tool for regular updates. Social media may also provide a platform for public education and outreach. In addition to outreach to water customers and the general public, the City should also develop and education and outreach program for residents of the Luffenholtz Creek watershed. The City should partner with the Trinidad Bay Watershed Council to help further this endeavor. In addition to outreach, the City should inventory and monitor wells, diversions and other water rights and uses within the watershed. The City may provide assistance to watershed residents to further the City’s goals of maintaining the reliability of its water supply in dry years. This may include assistance or incentives for


registering water diversions and increasing storage capacity and rainwater catchment and other actions deemed beneficial. Water Shortage Responses The City will manage water conservation and cutbacks for each water shortage stage. Public outreach and education are also an important part of these measures. Water Conservation and Rationing For each water shortage stage, the City will implement water conservation measures. In the earliest stages, measures will be voluntary and minimal. But as the stages progress, the measures will become stricter. Early conservation measures will focus on types and times of use. This means required reductions in or prohibitions on certain uses of water. This would include things like filling hot tubs, outdoor washing (cars, boats, driveways, etc.) watering during certain times of the day, providing water only upon request at restaurants, etc. As water shortage stages become more severe, water rationing will be required based on baseline water use for different types of users. Required cutbacks will be based on a pre-determined baseline by type of use (e.g. commercial v. residential). Those who are already below the baseline will not need to reduce water use, or will need to conserve less, and those above the baseline would need to conserve more. Because of Trinidad’s small size, the City will work with the largest water users to implement conservation/rationing methods that reduce water use without significantly impacting critical business operations. This is important, because modest cutbacks by a few large users could save more water than all residences having to reduce their use by a certain percent. Rate increases Water shortage stages will also be associated with rate increases for water service. If people are using less water, revenues will go down, but many of the operating costs for treating and delivering water will stay the same. In addition, more education, monitoring and enforcement will be needed, further increasing costs to the City. Water rates may be based on the baseline water use standards; rates for use in amounts below the baseline volume would be less than rates for use above the baseline. (Also see monitoring, enforcement and penalties section.) Note that an analysis of expected revenue losses may be required in order to legally raise rates. Water Shortage / Drought Stages As part of planning for a water shortage, the City has determined stages, or triggers, for water conservation requirements based on the severity of the water shortage. The City


Council declares each stage as it occurs, which then triggers implementation of certain conservation measures or actions. Stages may also be stepped back as conditions warrant and as recommended by the WSRT and declared by the City Council. These measures, outlined herein, are implemented and enforced through Ordinance 20##-##. The Water Supply Shortage tiering system are as shown in Table 1.

Table 1. Water Supply Shortage Stages and Conditions

Stage No. Water Supply Conditions

% Reduced Production Capacity

Demand Reduction Actions

Normal Normal operating conditions.

0% Typical conservation with water waste prohibition ordinance(s) or regulations.

Stage 1: Water Shortage Alert

DEWS at D2 or above Rainfall at 75% or less for the season, or 65% or less March-June

0% Public outreach and education, voluntary reductions.

Stage 2: Water Shortage Warning

Luffenholtz Creek flow rate low at 0.86 cfs

0% Mandatory water use restrictions, additional public outreach.

Stage 3: Water Shortage Emergency

Reduced pumping capacity at water plant

0-25% Mandatory water restrictions and rationing, work with individual large water users.

Stage 4: Severe Water Shortage Emergency

Further reduced pumping capacity at the plant, or restrictions based on required bypass flows.

25-50% Strict water rationing, monitoring and enforcement of water use

Stage 5: Critical Water Shortage Emergency

Extreme low flow on Luffenholtz; emergency water service disruption due to disaster or plant failure; insufficient water for sanitation and fire protection.

50-100% Severe water rationing; water supply supplementation


Stage 0 Normal or above water year. Normal conservation measures recommended. Stage 1: Water Shortage Alert Description Based on cumulative rainfall/water year type. This stage is be triggered early in the dry season based on the lack of rainfall over the previous wet season and/or the classification of the California Drought Early Warning System (DEWS). The criteria for entering this stage is a drought classification of D2 or higher, and/or 75% or less of total normal rainfall for the season or 65% or less of normal rainfall during the months of April through June. These numbers may need to be adjusted in multi-year droughts. This stage indicates the potential for water shortages later in the dry season. City Actions and Responsibilities • Form Water Shortage Response Team • Public outreach will occur to let users know about the potential for shortages later in

the season. • Careful monitoring of flows on Luffenholtz will occur with summary reports provided

to the WSRT on a weekly basis. • Promote regular meter reading and leak detection by residents. • Publish weekly consumption graph on City website and email newsletter. Demand Reduction Measures Conservation is voluntary at this point. Water waste is prohibited as usual per City ordinance. • No irrigation of unlandscaped areas • No irrigating such that water runs off the subject property • Hoses must have hose-end shut-off nozzles • No non-recirculating fountains Stage 2: Water Shortage Warning Description Based on a low flow. The second stage is triggered by a sustained flow rate on Luffenholtz Creek of 0.86 cfs or less as measured just above the water plant, or just below the water plant with the pumps off. This number is based on the criteria for having to notify CA Dept. of Fish and Wildlife in the City’s water right. This stage indicates that water shortages are likely to occur in the near future. The flow basis may be revised as better flow information becomes available. This stage includes public education and minor mandatory cutbacks to get people ready for the potential for more severe shortages.


City Actions and Responsibilities • Daily reporting on Luffenholtz Creek flows • Weekly meetings of the WSRT • (Any changes in City operations, such as no flushing of lines?) • Increased water waste monitoring and enforcement and leak detection • Continue to promote meter reading and self-monitoring for customers • Public weekly newsletter, including consumption graph(s) • Consult with large water users to develop conservation plans Demand Reduction Measures • Restrict landscape irrigation to designated water days and times; days/times may be

alternated by addresses or other means to prevent excessive water use at any one time/day.

• Prohibit exterior washing of hardscapes, dwellings, buildings or structures (with exceptions for window washing or in preparation for painting

• Water only upon request at restaurants • Require option for no laundry at B&B and STRs Stage 3: Water Shortage Emergency Description Based on reduced pumping capacity from the wet well that cannot keep pace with demand on a daily basis as determined by the Public Works Director in consultation with the City Engineer. This stage indicates a current water shortage and reduced pumping and treatment capacity at the water plant. Water rationing is required at this point, along with continued public education, monitoring and enforcement of water use. City Actions and Responsibilities • Cease flushing of lines and hydrants • Discontinue filling water trucks • Institute drought rates and penalties for overuse • Water Shortage Response Team to convene as needed to consider exceptions to

rationing requirements, appealable to the City Council. • Undertake contingency planning and preparation for continuing/escalating shortage • Develop strategy to mitigate revenue losses • Prepare to implement supplemental water plan Demand Reduction Measures • Require commercial users to put up signage notifying patrons of the drought

conditions and encouraging conservation • Restaurants to provide water only upon request • Commercial users using more than 200 gpd to cut back use by 10%


• Require large users to inspect and monitor premises and repair any leaks that are found

• Residential rationing at the following allocation: 150 gpd per residence • No filling/refilling of hot tubs • No new landscaping • Further restrict landscaping days/times • No auto/boat washing • Reduced time allowed to resolve water waste Stage 4: Severe Water Shortage Emergency Description This stage indicates a critical shortage and potential emergency situation. This is based on a 25% reduced pumping capacity at the plant that may only be sufficient to supply enough water for basic drinking, sanitation and fire protection needs. Substantial cutbacks in water use are required. City Actions and Responsibilities • This stage requires substantial monitoring and management by the City. As the

pumping and production capacity is reduced, additional measures and restrictions may be required.

• Continue to work with large water users to identify additional measures to reduce use • Increased staffing to provide customer service / drought hotline • Increased staffing to patrol and monitor water use • Publish information on ways to minimize most valuable landscaping damage and loss,

including promotion of appropriate use of grey water • Coordinate procurement of supplemental water source(s) Demand Reduction Measures • Commercial users using more than 200 gpd to cut back use by 20% • Residential rationing at the following allocation: 150 gpd per residence • Restrictions on exterior washing of surfaces and structures • No irrigation except drip or hand irrigation of perennials or with grey water • Further restrictions and rationing may be required as plant production capacity is

reduced Stage 5: Critical Water Shortage Emergency Description Catastrophic failure. This stage indicates 50% or more water loss due to extreme drought, plant failure, pipe breakage, natural disaster, etc. There may be enough storage to provide for a few days of water supply depending on the nature of the emergency.


City Actions and Responsibilities • Consider shifting to Emergency Operations Center model of command management

for overall policy guidance and coordination • Coordinate with law enforcement agencies to address enforcement challenges Demand Reduction Measures • Further reductions in residential and commercial allocations • Prohibit all outdoor irrigation • No water for outdoor recreation or washing Monitoring, Enforcement and Penalties In addition to determining how water use will need to be reduced, the City will also need to monitor compliance, create enforcement mechanisms and set penalties for noncompliance. Enforcement is carried out in a number of ways during a water shortage. In cases such as a report of water waste, the first step is to communicate with the customer by telephone, letter, door tag, or by making personal contact in the field to educate them about regulations. This contact may be all that is required to get the problem resolved. If not, enforcement progresses to a written notice of violation. Beyond this, there are several methods that can be adopted in the City’s water conservation and water shortage ordinances that can be used to enforce water restrictions and rationing regulations. These methods are described below. Penalty fees This method would apply in situations involving violation of water restrictions, if, after multiple warnings had been given, a violation continued to occur at an account. The fee would be added to a customer’s utility bill along with a written notice sent to the customer in advance. The penalty fee shall be set by Resolution of the City Council and would increase with subsequent violations, as in the following example:

• 1st Violation $100 • 2ndViolation $250 • 3rd Violation $500 • 4th Violation $1,000

Additional, higher penalty fees may also be established and applied to large users that willfully violate water restrictions. Excess use fees Excess use fees are the primary method for enforcing water rationing and are imposed on customers whose water use exceeds their allocation when rationing is in effect. The purpose of the excess use fee is to make the consequences of exceeding one’s rationing allocation so severe that the customer is induced to keep their water use within their


allocation and avoid being fined. Like water rates, there are two components to setting excess use fees: 1) the way they are structured, and 2) the dollar amount. Staff and the Planning Commission looked at several models from other agencies and recommend utilizing a two-tiered excess use fee structure for billing reasons and for clarity in communicating penalties to the public, and example of which is shown in Table 2. Actual fees shall be set by Resolution of the City Council. Table 2. Proposed Excess Use Fees Excess Use Range

Percent of Water Used in Excess of Allotment

Excess Use Charge per 100 Cubic Feet (~25 gpd) for all Water Used in Excess of Allotment (in addition to ordinary water consumption charges)

A 0% to 10% over allotment $0.00 B 10% to 25% over allotment $50.00 C More than 25% over

allotment $100.00

The purpose of a two-tier excess use structure is to avoid very large penalties for households that make a good faith effort to stay within their allocation but wind up going over a little. If a customer’s water use exceeds one’s allocation by a large amount, though, the penalty should be very steep. Flow restriction Some customers will continue to exceed their allotment regardless of the amount of their water bill. In such instances, the Public Works Director is authorized to install, or have installed, a flow restricting device to provide minimal water flow, just enough for health and safety purposes. In these cases, the customer is charged a fee to cover the staff time needed to install the flow restrictor and another fee for its removal. The Public Works Director would not use this method where fire suppression sprinklers are on the same supply line as domestic water. Disconnection/reconnection fees. Water suppliers have the legal authority to enforce water shortage regulations by terminating service for egregious violations. In such cases, the customer would be charged for both disconnection and reconnection. Citation Finally, the City’s water shortage ordinance authorizes staff to issue citations that would have to be paid or challenged in court. This method could be used in cases like a multifamily property where terminating service or restricting flow to all households may not be an option.


Exceptions and Appeals Exceptions No water shortage plan can account for all situations. The exception procedure allows the WSRT to provide for special or exceptional circumstances that otherwise would create undue hardship for an individual customer or class of customers. An exception allows a customer to be relieved of a particular regulation or receive an increased allocation for the duration of the shortage. Therefore, it should be granted only when justified on specific grounds that warrant allocating more water than other similarly situated customers and when consistent with the intent of the water shortage regulations, while providing equal treatment of all customers. This policy is to make the customer first demonstrate the demand reduction efforts taken to meet the restriction or allocation, and places responsibility for managing and monitoring water use on the customer, where it belongs. It also serves to minimize the number of exception applications from those merely seeking more water without having gone to the effort to try to live within their given allocation. For the purpose of granting exceptions, the City Council representative shall not participate as part of the WSRT in order to avoid having to recuse themselves in the case of an appeal. In order to grant an exception, the WSRT, minus the City Council representative, shall make the following findings as applicable: • Failure to do so would cause a condition affecting the health, sanitation, fire protection,

or safety of the applicant or the public; • Strict application of the allotment provisions imposes a severe or undue hardship on a

particular customer, or render it infeasible for a business or class of business to remain in operation;

• Alternative restrictions which achieve the same level of demand reduction as the restrictions from which an exception is being sought are available and are binding and enforceable;

• The customer has demonstrated to the WSRT’s satisfaction that circumstances have changed warranting a change in the customer’s allocation;

• Facilities using industry best management practices are eligible for an exception; • Demonstration by a customer of actions already taken to increase environmental

sustainability that have reduced water consumption to the maximum extent feasible, as determined by the WSRT.

Additional recommendations regarding the exception process are as follows: (1) that the denial of an exception may be appealed to the City Council; (2) the City adopt administrative procedures [such as those used by the City of Tampa Bay] for including appropriate information on an exception application, including the requirement that the applicant must demonstrate maximum practical reduction in water consumption; and (3)


that a policy be added allowing the WSRT to impose conditions requiring long-term water efficiency improvements from customers as part of the exception process. Appeals A. Any person affected by a decision on water allocation, rationing, fines or enforcement

by the WSRT or City staff as authorized herein may appeal to the City Council by filing a notice of appeal with the Clerk of the City within 10 working days of the action of the WSRT or City staff. The notice of appeal shall be accompanied by a filing fee set by resolution of the City Council of the City in an amount sufficient to cover costs to the City. The appeal shall stay the effect of the action of the WSRT or City staff.

B. The appeal shall be in writing and addressed to the City Council. The applicant shall file the appeal with the City Clerk. The City Clerk shall forward copies of the appeal to the City Council and WSRT. In the notice of appeal, the appellant shall state in full the facts and circumstances which make the action of the WSRT or City staff unreasonable. It shall also state the date of the claimed unreasonable action of the WSRT or City staff.

C. The City Council shall cause the matter to be set for hearing not earlier than 14 days after the appeal has been filed with the Clerk of the City. The Clerk of the City shall cause notice to be mailed to all affected persons (within 100 feet of the property boundaries) at least 10 days prior to the hearing.

D. At the time and place set for the hearing, the City Council shall proceed to hear the testimony of the WSRT or City staff, the testimony of the owner or their representatives, and the testimony of other competent persons concerning conditions upon which the action of the WSRT or City staff is based and other matters which the City Council may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and other witnesses. The hearing may be continued from time to time. The City Council may request an opinion from the City Attorney.

E. The City Council may upon the appeal either affirm the action of WSRT or City staff or modify the WSRT’s or City staff’s action in whole or in part. The decision of the City Council upon an appeal shall be based upon the facts presented to it and shall be final.

Water Shortage Recovery and Plan Termination A water shortage ends when local rainfall, runoff, and aquifer storage levels improve to the point where the water system is once again capable of supporting unrestricted water demand. Any water use rules and regulations in effect at the time are officially rescinded by City Council and public notice is given that the water shortage is over. The WSRT would then oversee any remaining termination and plan review activities. These activities could include:

• Publicize gratitude for the community’s cooperation • Restore water utility operations, organization, and services to pre-event levels • Document the event and response and compile applicable records for future

reference


• Continue to maintain liaison as needed with external agencies • Collect cost accounting information, assess revenue losses and financial impact, and

review deferred projects or programs • Debrief staff to review effectiveness of actions, to identify the lessons learned, and

to enhance response and recovery efforts in the future • Complete a detailed evaluation of affected facilities and services to prepare an

“after action” report • Update the water shortage contingency plan as needed. • Continue to evaluate and implement measures to increase supply and security.



2. Discussion/Update regarding California Drought Conditions.

REFER TO COUNCILMEMBER RICHARD CLOMPUS COMMITTEE ASSIGNMENT REPORT LOCATED AT THE BEGINNING OF THIS MEETING PACKET FOR PRESENTATION MATERIAL.



3. Discussion/Presentation regarding Stormwater Project Outreach and Update.

AGENDA ITEM Date: July 13, 2021 ________________________________________________________________________ Item: PROP 84 ASBS STORMWATER PROJECT OUTREACH AND UPDATE Construction is scheduled from July to October 15 to complete the final phase of the Stormwater Management Improvement Project. The purpose of this agenda item is to reach out to the public, present information and answer questions about the project purpose, benefits and construction. The Project Engineer will provide details and answer questions covering the following: Project Purpose – To eliminate the two stormwater discharges (City and Marine Lab) into the Trinidad Head Area of Special Biological Significance (ASBS) by constructing treatment and infiltration facilities that will intercept and treat the stormwater without discharging into the bay. Stormwater system improvements will be constructed at the sites shown in the table below. Project Components Location Description of Construction Underwood curb and gutter, treatment and infiltration chambers Ewing St treatment and infiltration chambers Marine Lab construct connection from Marine Lab stormwater system to City’s

system Edwards treatment and infiltration chambers State Beach parking lot treatment and infiltration chambers Van Wycke between Galindo and Edwards

sewer pipe to route stormwater away from ocean discharge pipe and connecting to pipe leading to (new) State Beach facilities

Traffic Impacts There will not be any full street closures, but there will be some temporary traffic delays and impacts to parking in active construction areas. Project benefits: There are multiple project benefits, including protecting Trinidad Bay, replacing aging infrastructure, engaging with other stakeholders (HSU, Trinidad Rancheria) to address a shared issue, addresses regulatory requirements, and utilizes available grant funding for the project. Attachments:

• ASBS Stormwater Project Presentation • Stormwater Project Construction Notice

(707) 677-0223 ● 409 Trinity Street ● P.O. Box 390 ● Trinidad, CA 95570 ● [email protected]

Advance Construction Notice Project: ASBS Stormwater Improvement Project

Location: Underwood St, Edwards St, Ewing St, Van Wycke St, Beach Parking Area.

Construction Schedule: July 2021 to October 15, 2021

Description of Work: Installation of stormwater improvements consisting of storm drain inlets, piping, treatment units, and underground infiltration chambers. The complete project plans are available for review at City Hall and on the City website. A summary figure is attached on the back of this notice.

Project Objective: To improve water quality by treating stormwater and to comply with the State of California requirements to reduce stormwater pollutants from entering Trinidad Bay, which is designated as an Area of Special Biological Significance (ASBS).

FAQs: Who is funding this project? A State Water Resources Control Board Proposition 84 grant and USDA Stormwater funding.

Were impacts to businesses and residents considered? Yes. The project has been developed to minimize impacts to businesses and residents as much as possible while complying with project grant and permit requirements.

Why is this project being constructed during the summer? Because summer is the least rainy season, and since this project includes a significant amount of excavation work, construction must occur during the drier summer months.

Will any streets be closed during construction? No, not full road closures. When required for construction, detours or one-way traffic control will be provided during construction activities. Access by local residents, visitors, commercial vehicles, and emergency responders will always be provided.

Will street parking be affected? There will be no permanent loss of street parking as a result of this project. There will be some temporary parking restrictions during construction.

Contractor: GR Sundberg

City’s Contacts: City Hall 707-677-0223 Dagan Short, Construction Manager (GHD), 707-407-7973

The City and the contractor will strive to minimize inconveniences during construction. Thank you for your understanding and cooperation.

(707) 677-0223 ● 409 Trinity Street ● P.O. Box 390 ● Trinidad, CA 95570 ● Fax (707) 677-3759 2

Proposed Location of Construction


NO SUPPORTING DOCUMENTATION ATTACHED

4. Discussion/Decision regarindg Resolution 2021-08; Authorizing the City to Sign Funding Agreements for Cycle 10 Highway Safety Improvement Program Projects Funded By Caltrans.

AGENDA ITEM Date: July 13, 2021 ________________________________________________________________________ Item: Cycle 10 Highway Safety Improvement Program Grant Awards In November 2020, the City submitted three applications to Caltrans Highway Safety Improvement Program Cycle (HSIP) 10 for Set-Aside funding. The City Engineer worked with Public Works staff to identify and develop applications for these project components. In March 2021, Caltrans notified the City that all these applications have been selected for funding: Project H10-01-005 Crosswalk Enhancement Set-Aside for $250,000 Project H10-01-006 Guardrail Upgrades Set-Aside for $416,000 Project H10-01-007 Edgeline Striping Set-Aside for $132,800 The next step is to authorize the City Manager or Mayor to sign on behalf of the City to execute the Program Supplement Agreements (PSAs) for each project component. In order to initiate the Project, staff is recommending the Council authorize a contract with City Engineer GHD, Inc. to support all phases of the project. Project costs for services provided by GHD will be reimbursed by Caltrans. In accordance with Caltrans required consultant selection process, this scope of service is a “task order” under the existing Contract City Engineer agreement with GHD.

Staff Recommendation:

• Pass Resolution 2021-xx to authorize the City Manager and/or Mayor to execute HSIP funding documents.

• Authorize City Manager to execute a task order with GHD Inc. to complete the environmental, engineering, and construction management services for the City of Trinidad’s Cycle 10 HSIP project.

Alternative to staff resolution:

Attachments:

• Resolution 2021-xx • HSIP Funding Application summaries • GHD Proposal/Scope for the Trinidad Cycle 10 HSIP Project

City of Trinidad Resolution 2021-xx Page 1 of 1

Trinidad City Hall Steve Ladwig, Mayor P.O. Box 390 Gabriel Adams, City Clerk 409 Trinity Street Trinidad, CA 95570 707-677-0223

RESOLUTION 2021-08

A RESOLUTION OF THE TRINIDAD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR THE MAYOR TO SIGN FUNDING AGREEMENTS FOR HSIP PROJECTS FUNDED BY CALTRANS

WHEREAS, the City of Trinidad is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, the City of Trinidad applied for and was awarded funding from the Cycle 10 Highway Safety Improvement Program Set-Aside for State-only funding for H10-01-005 Crosswalk Enhancements Set-Aside, H10-01-006 Guardrail Upgrades Set-Aside and H10-01-007 Edgeline Striping Set-Aside; and

WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed. NOW, THEREFORE BE IT RESOLVED, that the City of Trinidad hereby authorizes the City Manager or Mayor to sign on the City of Trinidad’s behalf to execute Program Supplemental Agreements and any amendments thereto with California Department of Transportation for the Highway Safety Improvement Program Cycle 10 set aside Trinidad projects H10-01-005, H10-01-006 and H10-01-007. PASSED AND ADOPTED BY THE TRINIDAD CITY COUNCIL of Humboldt County of the State of California this 13th day of July 2021. I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the Trinidad City Council by the following vote: PASSED, APPROVED AND ADOPTED this 13th day of July 2021 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: ___________________________ ________________________________________ Gabriel Adams Steve Ladwig Trinidad City Clerk Mayor

GHD 718 Third Street Eureka California 95501 USA T 707 443 8326 F 707 444 8330 W www.ghd.com

Proposal for

Professional Engineering Services

Trinidad HSIP Cycle 10 Project City of Trinidad

July 6, 2021

Introduction In November 2020, the City submitted three applications to Caltrans Highway Safety Improvement Program (HSIP) Cycle 10 for Set-Aside funding. In March 2021, Caltrans notified the City that all these projects have been selected for funding: Project H10-01-005 Crosswalk Enhancement Set-Aside - Install Rectangular Rapid Flashing Beacons (RRFBs), curb/driveway extensions, ADA curb ramps, yield lines, traffic signs, striping and pavement markings at the following locations:

Location 1: Main Street at View Avenue Location 2: Edwards Street at Hector Street Location 3: Edwards Street at Galindo Street

Project H10-01-006 Guardrail Upgrades Set-Aside - Upgrading existing guardrail systems and end treatments at the following two (2) locations:

Location 1: Scenic Drive, south of Langford Road Location 2: Patrick's Point Drive, north of Ocean Avenue

Project H10-01-007 Edgeline Striping Set-Aside - Install edgelines and improve striping along roadways at the following three (3) locations:

Location 1: Trinidad Frontage Road, from N. Westhaven Drive to End Location 2: Stagecoach Road, from City Limits to Main Street Location 3: Westhaven Drive, from City Limits to Trinidad Frontage Road

The City has requested a proposal from GHD to provide environmental, engineering and construction management services related to the project. We understand that the projects received state-only funding (no federal funds) and that although a single bid package can be prepared for all three projects, the project budgets and costs will need to be tracked and accounted for individually. The following describes GHD proposed scope of services. Scope of Services Based on our understanding of the project, GHD has developed the following scope of services for the project, which will include:

Task 1 – Preliminary Engineering (PE) Task 2 – Right-of-Way Engineering (ROW) Task 3 – Construction Engineering (CE)

http://www.ghd.com/

Trinidad HSIP Proposal 7.2.21.docx 2

TASK 1 – PRELIMINARY ENGINEERING Project Management, Meetings, and Coordination GHD will be responsible for providing project management activities throughout the entire contract. This work will include scheduling and coordination for meetings, preparing and distributing meeting minutes, managing the project schedule, field reviews, and tracking action items as necessary for the City of Trinidad. In addition, GHD will provide quality control services as the project moves forward, and will provide close coordination with the internal project team, as well as with the City, additional stakeholders and adjacent property owners that may be affected by the project. Project management services will include, but are not limited to: scheduling and attending meetings; preparing meeting agendas and minutes; overseeing data collection and field reviews; supervising, coordinating, and monitoring the preparation of the project contract documents; coordinating submittals to and reviews by the City; coordination with adjacent property owners; providing quality control/quality assurance; maintaining the schedule and budget and providing regular updates; and providing monthly invoices to the City. GHD will coordinate and attend an initial in-field project kick-off meeting with City staff. GHD will prepare the meeting agenda and take notes to ensure that all pertinent information from the meeting is captured. At the project kick-off meeting, the City will provide any available information pertinent to the project to GHD for use in completing the project. GHD will coordinate and attend project team meetings with City staff and other stakeholders as needed. The purpose of these meetings are to discuss project status, any potential project issues, and review City comments. GHD will provide meeting agendas and meeting minutes. GHD will also be available to attend up to two (2) City Council meetings to present the project, if requested. Deliverables

• Meeting agendas and minutes Topographic Mapping and Right-of-Way Survey To the extent practical, GHD will utilize existing topographic and right-of-way mapping that has been developed for other recent projects in Trinidad. GHD will conduct supplemental field surveys to augment existing survey data as-necessary. The specific locations where topographic and right-of-way mapping will be needed are as follows: Crosswalk Enhancements

• Location 1: Main Street at View Avenue • Location 2: Edwards Street at Hector Street • Location 3: Edwards Street at Galindo Street

Guardrail Upgrades

• Location 1: Scenic Drive, south of Langford Road • Location 2: Patrick's Point Drive, north of Ocean Avenue

Base mapping for the following improvements will be based on available aerial imagery only (e.g. Google Earth):


• Location 1: Trinidad Frontage Road, from N. Westhaven Drive to End • Location 2: Stagecoach Road, from City Limits to Main Street • Location 3: Westhaven Drive, from City Limits to Trinidad Frontage Road

Deliverables

• Final topographic and right of way mapping. CEQA NOE & Coastal Development Permit Assistance The project is subject to the California Environmental Quality Act (CEQA). The project potentially meets the definition for a CEQA Class 1 Categorical Exemption (§15301.1(c)) which allows for minor alterations, repairs and permitting of existing highways, streets, sidewalks, gutters and bicycle/ pedestrian trails involving negligible or no expansion of use. GHD will develop a brief project description and prepare a Notice of Exemption (NOE) for CEQA. In addition, GHD will file the NOE with the Humboldt County Recorder. The City of Trinidad has permitting authority within the project area based on land use and zoning regulations. The Project is also located within the coastal zone’s primary jurisdiction of the City of Trinidad and within the appeal zone to the California Coastal Commission (CCC). If a Coastal Development Permit (CDP) is determined to be required by the City Planner, then GHD will assist the City Planner with the preparation of a City of Trinidad CDP application. An alternatives analysis is not anticipated to be required for the CDP. It is our understanding that the City Planner will coordinate necessary approvals through the Trinidad Planning Commission.

Plans, Specifications & Estimates (PS&E) The primary objective of the design will be to develop a set of plans and specifications suitable for bidding and construction. The GHD Team will prepare a set of final design documents suitable for construction. The plans, specifications, and estimates will be prepared based on the standards of practice in the industry and will include sufficient detail to allow for review by the City. The design will rely on the 2018 Caltrans Standard Plans and Specifications where appropriate. The Construction plans, specifications and estimate will make up the design set and will be submitted to the City for review at 60%, 90% and 100% completion stages. The City will have the opportunity to comment on the 60% and 90% design sets. During each review stage, GHD will respond to and incorporate as necessary, any comments received from the City. GHD will prepare a comment resolution table that will summarize all comments received during each review stage. The table will include a summary of the revisions made to address the comments, or an explanation as to why any comments were not addressed and revised in the updated submittals. Construction Plans The Construction Plans will be developed on 22” x 34” sheets that allow scaled reduction to 11” x 17” sheets. The project will be designed using English Standard units in AutoCAD at an appropriate scale utilizing AutoCAD standards, including project folder structures, layer names, line styles and font resources, color tables, etc. All plans will be stamped and signed by a professional engineer and will be used as part of the construction documents. Construction plans are expected to include:

• Cover Sheet • Construction Area Signs • Project Control


• Typical Sections • Layout Plan • Grading or Profile Sheets • Signage and Striping Plans • Construction Details • Erosion Control Plans • other sheets we deem necessary to convey the design intent

Technical Specifications GHD will prepare technical specifications consisting of Special Provisions to amend and supplement the State of California Department of Transportation Standard Specifications (2018). Technical Specifications for this project will include information specific to the project and work items, such as order of work, testing and quality control, concrete, guard rail and end treatments, roadside signs, thermoplastic paving markings, etc. Construction Estimates The engineer’s opinion of probable construction costs will be prepared using standard engineering estimate procedures for each design submittal. The opinion of cost will include the anticipated cost for the items of work included with the project based on bid results from previous projects or published unit costs available from Caltrans. Actual construction costs will vary and the low bidder may be higher than the Opinion of Probably Construction Cost due to availability of labor, equipment, materials, market conditions, or other factors. Bidding Package GHD will develop the bidding package which we anticipate will include the following: advertisement for bid, bid schedule, bidding requirements, contract forms, special contract requirements, general conditions, state requirements (Non-Lobbying Certification, prevailing wage, etc.), technical specifications, and construction plans. Deliverables:

• 60% PS&E Submittal: Plans, Specifications, and Estimates • 90% PS&E Submittal: Plans, Specifications, and Estimates • 100% PS&E Submittal: Plans, Specifications, and Estimates • Final bidding package

TASK 2 – RIGHT-OF-WAY ENGINEERING (ROW) Utility Coordination GHD will prepare Utility "A" letters to request mapping from utility companies. GHD will utilize the topographic survey developed and utility information provided by the City and utility companies to identify existing utilities within the project area. GHD will work to minimize the amount of utility relocations required, however if unavoidable utility conflicts are identified, GHD will prepare Utility "B" and "C" letters and will coordinate with the affected utilities for necessary adjustments or relocations. For non-City owned utilities, GHD will assist the City in preparing the relocation documentation to verify ownership, financial responsibility and relocation. Deliverables

• Utility "A", "B" & "C" Letters


Right-of-Way Evaluations & Permissions Although no additional permanent right-of-way is anticipated for this project, the City must certify that work is completed within existing right-of-ways. Using the topographic and right-of-way survey developed and information provided by the City, GHD will determine the location of City right-of-way relative to the proposed project improvements. To the extent possible, the project will be configured to avoid the need for additional temporary or permanent right-of-way. Where the need for additional right-of-way is unavoidable, the right-of-way will need to be acquired in accordance to the Local Assistance Procedures Manual. In this situation, GHD will assist the City with landowner coordination and the preparation of exhibits to support appraisals and/or acquisition by the City. For encroachments onto private property which benefit the property owner (e.g. driveway conforms), GHD will prepare Permit’s to Enter and Construct and will assist the City with obtaining necessary temporary permissions to enter on private property and construct the improvements. Because the project will be utilizing State Only Funding (no federal participation), a formal Right-of-Way Certification is not anticipated to be required. Deliverables:

• Right-of-Way exhibits (if necessary) • Permits to Enter and Construct (if necessary)

County Encroachment Permit The guardrail upgrade for Patrick's Point Drive, and a portion of the striping on the Trinidad Frontage Road is located within the County of Humboldt's jurisdiction. GHD will prepare and submit an encroachment permit application to the County for review and approval. It’s our understanding that following the completion of construction, the County of Humboldt would take over the ownership and maintenance responsibility for the improvements installed in their jurisdiction. Deliverables:

• County Encroachment Permit Application TASK 3 – CONSTRUCTION ENGINEERING (CE) GHD will provide construction engineering services throughout the construction of the project. Services to be provided would include:

• Bidding Assistance • Pre-Construction Assistance • Construction Management • On-Site Construction Observation • Project Closeout

Bidding Assistance Bidding assistance by GHD will include the following:

• Print and distribute plans and specifications to contractors and the Humboldt Builders’ Exchange • Organize and conduct a pre-bid meeting/conference • Respond to contractor questions and issue Addenda during bidding • Organize and conduct a public bid opening


• Prepare a bid summary and review contractor bids • Work with selected contractor on obtaining and verifying bonds and insurance • Work with City with preparing the contract documents for approval

o Notice of Award o Contract/Agreement o Notice to Proceed

Pre-Construction Assistance Following the award of the project, but prior to the start of construction, GHD will provide the following pre-construction services:

• Review contractor’s initial construction schedule for adherence to project requirements and ease of monitoring progress.

• Review contractor’s preliminary traffic control plan (the traffic control plan will also be subject to the City’s formal approval).

• Review public noticing requirements and schedule with contractor. • Prepare and distribute the pre-construction meeting agenda, conduct meeting, compile meeting

minutes and a task list, and distribute to the project team.

Construction Management GHD’s Resident Engineer will coordinate communication between the Contractor, City, County, Caltrans, utility companies and other parties throughout the course of the project’s construction. Many of the items below will involve the input and feedback of the City and others.

• Coordinate Contract Administration requirements through the course of the project; • Record working days, non-working days, weather related days, and issue weekly statement of

working days. • Review Contractor monthly payment requests, review differences in payment quantities with

contractor, and prepare and submit recommendations of payment requests to City. • Maintain project records and files as needed for general compliance with Caltrans requirements. • Attend on-site meetings to address construction issues, prepare agenda and meeting minutes. • Coordinate and manage Submittal and Shop Drawing reviews and maintain tracking logs. • Review and respond to Contractor submittals. • Monitor the Contractor’s construction schedule and progress for adherence to project schedule,

coordinate with the Contractor on planned activities, notify Contractor and City of any schedule issues identified, review schedule revisions and negotiate time extensions if necessary.

• Manage Contractor correspondence including Request for Information (RFIs) and Contract Change Order (CCOs).

• Submit copy of CCOs to the City. On-site Construction Observation GHD will provide the following onsite construction observation services:

• Provide regular part-time on-site construction observation to review Contractor general conformance with the project plans and specifications (up to budgeted amount).

• Prepare observation reports including digital photo logs of progress. • Maintain a set of red line plans depicting changes noted by the construction observer.


• Collect and maintain material tags and testing tags/reports. • Review traffic control and Contractor daily activities. • Review Contractor’s erosion and sediment control BMPs. • Perform on-site employee interviews to review job classifications and wages paid. • Collect and maintain material tags and testing tags/reports. • Review Certificates of Compliance. • Reject or recommend deductions for materials not meeting the project requirements.

Project Closeout Final documentation by GHD will include the following items:

• Project photo log • Material submittal reviews • Inspection and observation reports • Labor compliance interview records

Following final acceptance of the project by the City and Caltrans, GHD will assist the City with the preparation of a Notice of Completion (NOC) for approval by City and submittal to Humboldt County for Recording. Task 3 Deliverables:

• As noted above.

GENERAL EXCLUSIONS AND ASSUMPTIONS This scope of services is based on the tasks described above which are anticipated for the project. The City may need additional services during the process of the project due to increased regulatory issues, unusual public interest, and additional issues identified during the project. This proposal is based on the following assumptions:

• This scope does not include anything not specifically described above; • The project does not have any federal funds and therefore NEPA and NEPA studies are not

required; • The scope assumes that a CEQA Notice of Exemption will be appropriate and that the City will

process a CDP if required; • The scope does not include geotechnical investigations, pavement or material testing,

construction staking; • The projects estimated area of ground disturbance is less than 1-acre therefore a stormwater

pollution prevention plan (SWPPP) is not required for the project; • The scope assumes that no new permanent right-of-way will be required; • The scope of services does not include any applications, permits, or related fees (i.e. utility,

agency, regulatory, encroachment); • The scope assumes that the project is not subject to review by the California Division of State

Architect (DSA); • This scope assumes that all proposed enhanced pedestrian crossing signs are to be solar

powered and wirelessly connected (no service connections or underground electrical work required);

• All deliverables will be provided as electronic PDFs unless otherwise requested by the City.


• The City will complete their review of the plans and prepare any comments they have in a timely manner and will deliver one set of rectified comments to GHD following each review; and

• The scope of services does not include any design changes following the completion of the final bid package.

COMPENSATION GHD will provide the services outline in the above scope on a time and materials basis, not to exceed the task fees shown in the following table. Method of payment to be Specific Rates of Compensation in accordance to Caltrans Local Assistance Procedures Manual. The services required to complete the project may be different than those identified in the tasks above and will depend on the involvement and requests by the City, other agencies, as well as actual field conditions, contractor characteristics and other factors.

Task Description

GHD Fee Crosswalk

Enhancements Guardrail Upgrades

Edgeline Striping

Task Totals

1 Preliminary Engineering (PE)

$ 39,000 $ 65,000 $ 21,000 $ 125,000

2 Right-of-Way Engineering

$ 9,000 $ 18,000 $ 5,000 $ 32,000

3 Construction Engineering (CE)

$ 23,000 $ 39,000 $ 12,500 $ 74,500

Project Totals $ 71,000 $ 122,000 $ 38,500 $ 231,500

ROJECT NAME: Trinidad HSIP ProjectSet Aside: Crosswalk Enhancements

Date: 7/6/2021Josh/Brian Andrea Camille Owen Jackie LCF

IV III II I IV III II I III II I IV III II I III II I Surveyor Con. InspectorTask Rate--> $243.22 $215.86 $200.65 $190.01 $174.81 $159.61 $144.41 $129.21 $114.01 $98.81 $83.61 $114.01 $98.81 $83.61 $68.40 $83.61 $68.40 $53.20 $173.29 $173.29

Task 1 – Preliminary Engineering (PE)24 4 20 4 $7,947.13 $7,947.1320 1 6 26 2 24 $11,295.93 $11,295.934 24 $4,268.47 $4,268.4735 45 40 $15,497.51 $15,497.51

0 0 83 0 0 0 28 1 71 0 0 0 0 66 0 0 6 0 24 0$0.00 $0.00 $16,654.31 $0.00 $0.00 $0.00 $4,043.49 $129.21 $8,094.58 $0.00 $0.00 $0.00 $0.00 $5,517.99 $0.00 $0.00 $410.43 $0.00 $4,159.02 $0.00 $39,009.03 $0.00 $39,009.03

Task 2 – Right-of-Way Engineernig (ROW)4 16 10 4 $4,040.45 $4,040.456 24 8 1.5 $4,954.79 $4,954.79

0 0 10 0 0 0 0 0 40 0 0 18 0 0 0 0 5.5 0 0 0$0.00 $0.00 $2,006.54 $0.00 $0.00 $0.00 $0.00 $0.00 $4,560.33 $0.00 $0.00 $2,052.15 $0.00 $0.00 $0.00 $0.00 $376.23 $0.00 $0.00 $0.00 $8,995.24 $0.00 $8,995.24

Task 3 – Construction Engineering (CE)7 7 $2,202.64 $2,202.646 6 $1,887.98 $1,887.9812 4 $2,863.88 $2,863.888 70 $13,735.70 $13,735.708 5 2 $2,312.09 $2,312.09

0 0 41 0 0 0 0 0 22 0 0 0 0 0 0 0 2 0 0 70$0.00 $0.00 $8,226.83 $0.00 $0.00 $0.00 $0.00 $0.00 $2,508.18 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $136.81 $0.00 $0.00 $12,130.47 $23,002.29 $0.00 $23,002.29

$0.00

$0.00 $0.00

0 0 134 0 0 0 28 1 133 0 0 18 0 66 0 0 14 0 24 70

$0.00 $0.00 $26,887.68 $0.00 $0.00 $0.00 $4,043.49 $129.21 $15,163.09 $0.00 $0.00 $2,052.15 $0.00 $5,517.99 $0.00 $0.00 $923.47 $0.00 $4,159.02 $12,130.47 $71,006.56 $71,006.56

Note: GHD hourly billing rates presented on this Cost Proposal are based on Exhibit 10

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H1 prepared for the project.

Task 1: Total Hours

Level-->CAD/GIS/Tech.

Project Management, Meetings, and Coordination

Project Engineer/ Scientist/ Planner

Topographic Mapping and Right-of-Way Survey CEQA NOE & Coastal Development Permit AssistancePlans, Specifications & Estimates (PS&E)

COST PROPOSAL

Total GHD Fees TotalsClassification---> Staff Engineer/ Scientist/Planner Admin. SupportSr. Engineer/ Scientist/Planner Prevailing Wage ODC's

TOTAL FEES

Bidding Assistance

Project Closeout

Anticipated Salary Increases

Task 3: Total Cost

ODC's

Task 3: Total Hours

TOTAL HOURS

Task 1: Total Cost

Utility Coordination

Task 2: Total CostTask 2: Total Hours

Right-of-Way Evaluations & Permissions

On-Site Construction Observation

Pre-Construction AssistanceConstruction Management

ROJECT NAME: Trinidad HSIP ProjectSet Aside: Guardrail Upgrades



Task 1 – Preliminary Engineering (PE)30 8 20 4 $9,728.70 $9,728.7040 8 32 4 32 $17,432.61 $17,432.6110 40 8 2 $8,588.61 $8,588.6150 110 80 $29,262.09 $29,262.09

0 0 130 0 0 0 48 0 138 0 0 0 0 120 0 0 10 0 32 0$0.00 $0.00 $26,085.07 $0.00 $0.00 $0.00 $6,931.70 $0.00 $15,733.13 $0.00 $0.00 $0.00 $0.00 ######## $0.00 $0.00 $684.05 $0.00 $5,545.36 $0.00 $65,012.01 $0.00 $65,012.01

Task 2 – Right-of-Way Engineernig (ROW)8 16 16 4 $5,527.12 $5,527.128 16 8 4 $4,615.05 $4,615.0512 1 36 8 4 $7,857.44 $7,857.44

0 0 28 0 0 1 0 0 68 0 0 32 0 0 0 0 12 0 0 0$0.00 $0.00 $5,618.32 $0.00 $0.00 $159.61 $0.00 $0.00 $7,752.55 $0.00 $0.00 $3,648.26 $0.00 $0.00 $0.00 $0.00 $820.86 $0.00 $0.00 $0.00 $17,999.61 $0.00 $17,999.61

Task 3 – Construction Engineering (CE)16 10 1 $4,434.16 $4,434.1614 10 $3,949.24 $3,949.2424 12 1 $6,267.41 $6,267.4112 100 $19,737.09 $19,737.0916 10 4 $4,624.17 $4,624.17

0 0 82 0 0 0 0 0 42 0 0 0 0 0 0 2 4 0 0 100$0.00 $0.00 $16,453.66 $0.00 $0.00 $0.00 $0.00 $0.00 $4,788.34 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $167.21 $273.62 $0.00 $0.00 $17,329.24 $39,012.07 $0.00 $39,012.07

$0.00

$0.00 $0.00

0 0 240 0 0 1 48 0 248 0 0 32 0 120 0 2 26 0 32 100

$0.00 $0.00 $48,157.05 $0.00 $0.00 $159.61 $6,931.70 $0.00 $28,274.02 $0.00 $0.00 $3,648.26 $0.00 ######## $0.00 $167.21 $1,778.53 $0.00 $5,545.36 $17,329.24 $122,023.69 $122,023.69


‐


Task 1: Total Cost

Construction Management



Right-of-Way Evaluations & PermissionsCounty Encroachment Permit


Pre-Construction Assistance

TOTAL FEES

Bidding Assistance

Project Closeout


Task 3: Total Cost

ODC's

Task 3: Total Hours

TOTAL HOURS

COST PROPOSAL


Task 1: Total Hours




Topographic Mapping and Right-of-Way Survey CEQA NOE & Coastal Development Permit AssistancePlans, Specifications & Estimates (PS&E)

ROJECT NAME: Trinidad HSIP ProjectSet Aside: Edgeline Striping



Task 1 – Preliminary Engineering (PE)24 3 $5,020.92 $5,020.924 24 $3,538.81 $3,538.814 16 2 $3,249.99 $3,249.9914 34 22 $9,193.62 $9,193.62

0 0 46 0 0 0 16 0 34 0 0 46 0 0 0 0 5 0 0 0$0.00 $0.00 $9,230.10 $0.00 $0.00 $0.00 $2,310.57 $0.00 $3,876.28 $0.00 $0.00 $5,244.38 $0.00 $0.00 $0.00 $0.00 $342.02 $0.00 $0.00 $0.00 $21,003.34 $0.00 $21,003.34

Task 2 – Right-of-Way Engineernig (ROW)3 5 1 4 1 $1,795.25 $1,795.252 6 3 1 $1,495.79 $1,495.794 8 $1,714.68 $1,714.68

0 0 9 0 0 0 0 0 19 1 0 7 0 0 0 0 2 0 0 0$0.00 $0.00 $1,805.89 $0.00 $0.00 $0.00 $0.00 $0.00 $2,166.16 $98.81 $0.00 $798.06 $0.00 $0.00 $0.00 $0.00 $136.81 $0.00 $0.00 $0.00 $5,005.72 $0.00 $5,005.72

Task 3 – Construction Engineering (CE)4 7 $1,600.67 $1,600.674 7 $1,600.67 $1,600.678 7 $2,403.29 $2,403.295 24 $5,162.29 $5,162.294 7 2 $1,737.48 $1,737.48

0 0 25 0 0 0 0 0 28 0 0 0 0 0 0 0 2 0 0 24$0.00 $0.00 $5,016.36 $0.00 $0.00 $0.00 $0.00 $0.00 $3,192.23 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $136.81 $0.00 $0.00 $4,159.02 $12,504.41 $0.00 $12,504.41

$0.00

$0.00 $0.00

0 0 80 0 0 0 16 0 81 1 0 53 0 0 0 0 9 0 0 24

$0.00 $0.00 $16,052.35 $0.00 $0.00 $0.00 $2,310.57 $0.00 $9,234.66 $98.81 $0.00 $6,042.43 $0.00 $0.00 $0.00 $0.00 $615.64 $0.00 $0.00 $4,159.02 $38,513.48 $38,513.48


‐


Task 1: Total Hours




Base MappingCEQA NOE & Coastal Development Permit AssistancePlans, Specifications & Estimates (PS&E)

COST PROPOSAL


TOTAL FEES

Bidding Assistance

Project Closeout


Task 3: Total Cost

ODC's

Task 3: Total Hours

TOTAL HOURS

Task 1: Total Cost



Right-of-Way Evaluations & PermissionsCounty Encroachment Permit


Pre-Construction AssistanceConstruction Management

notice and call of a regular meeting of ... - trinidad.ca.gov

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