MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, FEBRUARY 08, 2022 (ZOOM)
I. CALL TO ORDER
Mayor Ladwig called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Ladwig, Vest, Grover, and Kelly. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, City Planner Trever Parker. Approximately (23) participants were present online at the beginning of the meeting II. TELECONFERENCE MEETINGS
1. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
The Council unanimously reaffirmed Resolution 2021-12 by consensus.
III. PLEDGE OF ALLEGIANCE
IV. CLOSED SESSION
Tsurai Ance with Socal our sul Erising. tig. On o. 8d Section 549569(4)) 1 Case: City of Trinidad vs.
2. Conference with Legal Counsel - Existing Litigation (Gov. Code Section 54956.9: City of Trinidad v. Trinidad Bay Bed c Breakfast/Mike Morgan (Humboldt Co. Superior Court Case No. CV2100112,
3. Conference with Legal Counsel - Existing Litigation (Gov. Code Section 54956.9): City of Trinidad vs. Mike Morgan (Humboldt Co. Superior Court Case No. CV2100066)
4. Water Plant Employment/Performance Pursuant to Government Code Section 54957.
V. RECONVENE TO OPEN SESSION
Mayor Ladwig reported that Council removed item 3 from Closed Session discussion. No other action was VI. APPROVAL OF THE AGENDA
Mayor Ladwig requested tabling item 6 to the regular meeting on February 22nd, and pulling Consent 4 & 5 for discussion.
Motion (Grover/Kelly) to approve the agenda as submitted. Passed unanimously.
VIl Prover eo aproves - minutes 2 suboite. 020 and 01-2545% Cely abstained from the 12-11 and 01-11 meetings as her first Council meeting was January 25.
VIII.COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: Attended HCAOG meeting. Covered goals and accomplishments. Regional bike plan, Eureka Corridor project, etc. Asked Beth Burks to attend the March meeting. Trails meeting will be held on the 15' of February at 5pm.
Kelly: Attended a virtual conference for new Councilmembers hosted by the League of CA. 3-days of meetings. Regarding rules and structure, the City of Trinidad deserves a pat on the back for following rules and procedures. State will have a huge budget for water, clean energy, covid recovery, etc. Social meeting topics were interesting. Public officials could easily violate the Brown Act using social media.
Grover: Attended the RCEA meeting. Mayor Ladwig invited to attend the next meeting and take over when ! leave the Council after the May meeting.
Ladwig: Attended HTA meeting. Discussion with City of Eureka to convert a parking area into intermodal transit center. Attended a meeting with PWA to continue water system improvements such as water storage, ixing leaky pipes, etc. Efforts underway to pursue land for possible storage areas and increasing the efficienc and longevity of the plant
Paula Levine - Water Customer
Is there a report on your discussion with PWA and what their accomplishments have been? I'd like to see something in writing soon. Ladwig stated he just provided that information.
IX. STAFF REPORTS - City Manager & Law Enforcement
02-08-2022 City Council Meeting Minutes Page 1
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet. Becky Price-Hall included a report on the water system grants approved. Verizon is still working on fiber optic cable delivery to the new cell site in Westhaven. We are obligated to participate in SB1383 Organic Recycling program. Due to the City's small size, it received a waiver but still encourage residents to consider composting organics.
Jacque Hostler-Carmeson - Trinidad Rancheria
Please include the Rancheria in Trinidad Head cellular site decommissioning consultations. Naffah stated he would include the Rancheria in the process.
X. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Tyler James - Trinidad
Filed a complaint against the City for locking Mike Morgan and I out of Town Hall against CDPH guidance. We are self-attested, mask exempt.
Mike Morgan - Trinidad
Regarding the Virtual Meeting Resolution, will it continue next month? I love my freedom. Council and Staff should hold open meetings in Town Hall, accommodating non-mask wearing individuals.
Ashley Fleschner - Trinidad Area
Speaking on behalf of Patti Fleschner, there is a heavy amount of loitering near the Library/Museum/Park area.
Submitted a letter to Town Hall regarding the issue. Concerned with recent resignation of a librarian due to ongoing and escalating problems.
Paula Levine - Trinidad Water Customer
Questions regarding the Water Fund financial statement. City Clerk offered to help Ms. Levine offline understand the statements included in the packet.
XI. CONSENT AGENDA
1. Staff Activity Report - January 2022
Financial Statements - December 2021
3. Law Enforcement Report - January 2022
4. Approve Contract with Coleman Engineering to Provide Qualified and Certified Chief Water Treatment Plant Utility Operations for the City of Trinidad.
City Manager Naffah explained that following the resignation of Ryan DeSmet, the City searched for a qualified replacement operator. Unable to find a T3 operator that wanted the Chief position, the City faced having to hire a private engineering firm that specialized in operating water systems on an interim basis. Coleman Engineering is recruiting for a long-term replacement Chief Operator employee. The City's number one priority is to provide sate, reliable, and high-quality water to the residents. The State Water Board supports the City's decision. City Attorney Russ Gans explained that professional services obtained on a qualification basis, with specific licenses and expertise, are exempt from competitive bidding statues.
Council questions included:
Kelly: This is a stop-gap contract until we find our own staff, costing approximately $35,000/month, compared to naving our own staff which cost approximately half. Is there an opportunity down the road to change the nanagement structure of the Plant, or is that fixed? Will this extra cost be passed along to the rate payers' affah stated that we're required to have a T3 Lead Operator, with T2 assistants, and the water fund reserves are healthy enough to support the additional cost. A rate analysis will be done this year to determine if any adjustments are necessary.
Public comment included:
Mike Morgan - Trinidac
Comprive ed witherent the City receives from this contract? I'm not comfortable with Gans advice that The price tag is scary. As I understand it, Ryan was performing this job from on the job training. It seems unbelievable to go from $5,000 to $35,000/month. Don't rush into a contract that will bankrupt the Water Fund. 02-08-2022 City Council Meeting Minutes
Paula Levine - Trinidad Water Customer
Has anyone tried enticing Ryan DeSmet to return?
Dave Hankin - Trinidad Area
WCSD has a General Manager. Recommend considering an operator that will drive your system into the future.
We currently have a visionary as General Manager. He looks into the future and finds grants for us.
Council comments included:
Ladwig: The cost will not be passed onto the rate payers. The rate analysis will assess the operation of the Plant with typical staffing. T3 operators are very hard to find. After weeks of calling other municipalities and recruiting, no one offered their services. The State requires a licensed operator, and without one fines may be imposed. We asked Ryan DeSmet to stay, but we have to honor his decision to move in a different career path.
Motion (West/Grover) to approve the contract with Coleman Engineering for interim, certified water plant utility operations for the City of Trinidad. Passed unanimously.
5. Approve Contract with Best, Best, Krieger for Supplemental Legal Advice in Connection to Issues Involving Local Native American Tribes.
City Attorney Gans explained that this proposal is to retain expert legal advice specializing in Native American Law that the City can consult with when needed.
Council questions included:
West: If we don't use them, we don't pay them, right? Gans confirmed that was the case.
Grover: Echoed Gans summary, noting this ultimately may save the City money.
Public comment included:
Mike Morgan - Trinidad
Does the City Attorney get a cut of their fee if we use them. Gans noted that his office would have no involvement with their invoicing.
Motion (Kelly/West) to approve contract as Best, Best, Krieger for Supplemental Legal Advice. Passed unanimously.
6. Resolution 2022-01; Revised Local Coastal Program (LP) Planning Grant Funding Request
7. Resolution 2022-02; Caltrans Funding Agreement.
Motion (West/Grover) to pull 4 & 5 and approve 1, 2, 3, 6, & 7. Passed unanimously.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Resolution 2022-03: Recognizing the Public Service of Tom Davies Tom Davies resigned from the Council effective December 31, 2021. Mayor Ladwig read the Resolution aloud.
Public comment included:
Richard Clompus - Former Councilmember.
The acknowledgement is well deserved.
Council comments included:
Grover: Appreciated his attention to detail.
West: He was a strong voice for controlling projects, and had a different way of looking at things.
Motion (Ladwig/Grover) to adopt Resolution 2022-03; Recognizing the Public Service of Tom Davies. Passed unanimously.
2. Discussion/Decision regarding Proposed Trinidad Head Trail Sign. 02-08-2022 City Council Meeting Minutes Page 3
The Trails Advisory Committee suggested replacing this sign. It was discussed several months ago, and after Public comment included:
Jacque Hostler-Carmeson - Trinidad Rancheria
The Rancheria Tribal Council appreciates the City for allowing them to contribute input. They do not support referring to Yurok people, but disagree with the name of the trail.
Mike Morgan - Trinidad
Concerned calling it the Tsurai trail. It's confusing that we're enlarging the village of Tsurai. It is on a map, 12.5 acres. Not on Trinidad Head. This is misleading. Not helpful for tourists.
Council comments included:
West: Thanked everyone for putting this together. Kelly agreed.
Motion (West/Grover) to accept the Trinidad Head Trail sign as submitted. Passed unanimously.
Continued Discussion/Decision regarding Short-Term Rental Ordinance Revisions.
Mayor Ladwig recused himself due to his conflict as an STR owner/operator.
City Manager Naffah explained that over the last few years there have been very few problems, and the number of STR's has been reduced.
City Planner Trever Parker explained that she has been discussing the ordinance with Coastal Commission staff during the revision process, and suggested it would be considered a minor amendment. The staff report included in the meeting packet explains the development and revision process in detail. A significant change is to place a City-wide cap of 32, and modifying the caps in the UR and SR zones. Other changes include limiting STR owner licenses to 1 in the UR zone, not allowing STR licenses to adjacent properties in all zones, issuing fines to property managers for significant complaints, and reporting all complaints to the City, etc.
Council comments included:
West: I worked on the original document, and I appreciate how fast you turned around the revisions.
City Manager Naffah noted that restrictions on HomeShares (limited to 1 bedroom) and Resident STR's (limited to 60 days) should be lifted.
City Planner Parker suggested that if additional changes are considered, we should not have the first reading.
Kelly: I appreciate all the work the Planning Commission put into this. I'm comfortable with the way it is.
West: I agree with Kelly. We have a number of things to work on but I'm not sure if I'm ready to add more changes at this time.
Public comment included:
Mike Morgan - Trinidad
The City's definition of STR should match the State and County's definitions. I love vacation rentals. Look into SB555 allowing the State to oversee and regulate STR's.
City Planner Parker noted she doesn't see any need to change the definition, but the City may consider taking a closer look during the next ordinance review.
Sherry Provolt - Trinidad Property Owner
Does the Homeshare and Resident STR licenses have the same process, and are they included in the 32 STR cap? In the UR Zone you could have 24, right?... with 6 of them being Resident STR's? City Planner Parker noted that Resident STR's are limited to 6 in the UR Zone, separate from the overall cap. 02-08-2022 City Council Meeting Minutes Page 4
Aaron Hakenen - Trinidad resident and Planning Commissioner Glad to see this moving along.
Motion (Grover/Kelly) to accept the STR Ordinance revisions as presented, and return back for the first reading at the regular meeting in March. Passed 3-0-1. Ladwig recused.
4. Discussion/Presentation/Brainstorming Session regarding Per Capita Grant Projects to Improve City Park and Recreation Opportunities.
City Grant Administrator Becky Price-Hall explained that the City submitted its Per Capita Grant application on December 30, 2021. The initial proposed project requested $57,750 to upgrade the tennis court to include pickle ball, including resurfacing, installing firehouse gutters to reducing runoff onto court and other minor improvements. One or more additional projects could be funded by the remaining $120,202 in allocated Per Capita funds. Trinidad qualifies as a disadvantaged community so no match is required for this funding.
Eligible Projects: Acquisition of land and development projects must be consistent with the General Plan Recreation Element. Funding must be used for capital outlay (building something new or improving the condition of the facility beyond its original or current state). Maintenance and repair costs are not eligible. • Project must meet CEQA requirements. Due to the short timeline, staff suggests projects that do not involve a lengthy CEQA process.
• Project implementation must be completed by December 31, 2023 Must be for recreational purposes, either acquisition or development. • Projects must be accessible with an accessible path of travel to the Project (meet City requirements).
City Council adopted Resolution 2019-12 Approving Application(s) for Per Capita Grant Fund on and directed staff to develop Per Capita application packets) for priority eligible projects). The Proposition 68 State Department of Parks and Recreation Per Capita Program allocated a maximum of $177,952 in grant funding to the City of Trinidad for parks and recreation acquisition and development projects.
Staff recommends Council holding this brainstorming session to solicit ideas for a list of potential recreation projects that could be proposed for Per Capita or other funding sources, as applicable.
Council questions included:
West: I'd like to have the base of the Axel Lindgren Memorial Trail repaired.
Public comment included:
Aaron Hakenen - Trinidad
The trail system lacks consistent and cohesive signage. This might be a great place to use the resources.
Steve Madrone - Trinidad Area, County Supervisor
Bottom of the Axel Lindgren Trail needs help. Happy to share designs with the City, using redwood driftwood logs and existing rock to stand up to waves and erosion. I've been involved in building many trails in Trinidad.
Kelly: Agreed with Hakenen. Smart tags could be useful as well. Also excited about the shared tennis/pickleball court.
Council comments included:
Grover: When we collect more ideas, hold a meeting to discuss priorities.
City Manager Naffah suggested vista points on the Van Wycke Trail, but the timeline may not suit the grant.
No decision was made. Staff will continue to collect ideas and report back to the Council when ready.
5. Discussion/Decision regarding First Reading of Ordinance 2022-01; Amending the Requirements for Election of the Chair of the Planning Commission.
City Planner Trever Parker explained that at their February 17, 2021 meeting, the Planning Commission recommended to the City Council that they consider amending the requirements for the election of the Planning Commission Chair. Then, at the March 9, 2021 City Council meeting, the Council voted to direct staff to prepare an amendment as recommended by the Planning Commission. However, there was a lot going on at that time 02-08-2022 City Council Meeting Minutes Page 5
and staff had other priorities. Now the Planning Commission is again in the position of having to elect a new Chair.
The current code (§2.20.070) restricts Planning Commissioners from serving multiple two-year terms as Chair unless everyone else on the Commission has already served. Due to the high turnover and occasional lack of having a full Commission, the Commission has found itself in the position of having to elect someone who is very new and/or who does not want to serve as the Chair. Meetings run more smoothly with a Chair that has experience being on the Commission and who wants to be in that position. There does not seem to be any advantage to requiring turnover of the Planning Commission Chair. The amendment will make the provisions for the election of the Planning Commission Chair similar to those for electing the Mayor.
There were no public or Council comments.
Motion (West/Kelly) to waive the full reading of Ordinance 2022-01 and read by title only, adopting the first reading of Ordinance 2022-01; Amending the Requirements for Election of the Chair of the Planning Commission.
Passed unanimously.
6. Discussion/Decision regarding Appointment to Fill the City Council Vacancy through December 2022.
Continued to the March meeting.
7. Discussion/Decision regarding Appointment to Fill the Vacant Resident Member to the Trinidad Trails Advisory Committee
City Manager Naffah explained that at the regular meeting on April 13, 2021, the City Council made the following adjustments to the Trails Advisory Committee:
- Appointed city resident Tim Needham to fill a General Public representative vacancy. - Confirmed Planning Commissioner Aaron Hakenen to replace Cheryl Kelly as the Planning Commission Liaison to the Committee.
On December 31, 2021, Councilmember Tom Davies resigned from the Council. Councilmember Jack West was the alternate for Davies to the Trails Committee and therefore assumed the Chairperson role.
On January 11, 2022, Councilmember Cheryl Kelly accepted the role as Committee alternate to West when Council assignments were discussed.
On January 16, resident Gail Kenny resigned from the Committee.
The Trails Committee is now currently operating without 1 member; (1) General Public Representative.
The Committee Membership currently consists of:
(1) City Councilmember (Committee Chair) Jack West
(1) Planning Commission liaison Aaron Hakenen
(2) General Public representatives Gail Kenny / Tim Needham (1) Tribal representative of the Yurok Tribe Frankie Myers (1) Tribal representative of the Trinidad Rancheria Shirley Laos (1) Tribal representative of the Tsurai Ancestral Society Kelly Lindgren (1) Visitor Services/Business Community representative Carol Van Der Meer The City announced the resignation via electronic notice. As of Friday, February 04, two letters of interest were received for the General Public representative:
- Anita Thompson, 840 Van Wycke.
Karyn Menexas, 60 Scenic Drive.
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Both candidates have been notified of a possible appointment on February 08, and their attendance was requested.
Side note: The latest, revised version of the Resolution 2019-13 establishing the Trails Advisory Committee calls for members holding "staggered two-year terms" (See No.4, Terms of Office). Considering periodic difficulties of maintaining full attendance and full-membership, this condition may need further discussion in the near future. The term "staggered" may need clarification as it relates to each member.
Council comments included:
West: I'm excited to have 2 people to choose from, but will go with Anita Thompson since her letter was received first. Kelly and Grover agreed.
Motion (West/Grover) to appoint Anita Thompson to fill the vacant resident position on the Trails Advisory Committee.
Passed 3-0-1. Ladwig abstained.
FUTURE AGENDA ITEMS
- No items were discussed.
ADJOURNMENT: 8:50pm.
Approved by:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
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