MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, MARCH 08, 2022 (ZOOM)
CALL TO ORDER
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 - No closed session.
V. RECONVENE TO OPEN SESSION - No closed session.
VI. APPROVAL OF THE AGENDA
Motion (Grover/West) to approve the agenda as submitted. Passed unanimously.
VII. APPROVAL OF MINUTES - 02-08-2022 cc, and 02-22-2022 cc2. 02-08-2022 cc will be submitted for review at the regular meeting on April 12.
Motion (West/Kelly) to approve the 02-22-2022 cc2 minutes as submitted. Passed unanimously.
VIII.COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: Attended the HCAOG meeting. Safety corridor project moving forward. Several agencies will begin hybrid meetings next month. TDA funds being distributed. Requested HCAOG Executive Director Beth Burks to attend Council meeting in April to report on activities related to Trinidad. Trails Committee met in February.
Kelly: Nothing to report.
Grover: Thanked the Board of Supervisors for sending a letter of appreciation to Erin Rowe for her service on the County Human Rights Commission. Attended the RCEA meeting and excited to represent Trinidad in a region that's leading California and the world with renewable energy policy and ideas. The May meeting will be my last serving on the City Council due to my having to relocate to Arcata.
Ladwig: Attending an HTA meeting on March 09.
IX. STAFF REPORTS - City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet. Department of Water Resources has awarded Trinidad approximately 5 million dollars for new water storage and infrastructure improvements. Project update is also included in the packet regarding Pacific Watershed Associates assignments to find available areas within the Luffenholtz Creek Watershed for dry season storage. Verizon is still working on fiber optic cable delivery to the new cell site in Westhaven. We will determine how well the coverage is once the site is turned on, before decommissioning the Trinidad Head site.
Reminded Council that prior to April 01, FPPC Form 700 should be completed. Finally, League of CA Cities Redwood Empire Division meets in Ukiah on March 25.
Grant Administrator Becky Price-Hall noted that the Department of Water Resources is moving quickly with funding.
Paula Levine - Trinidad Area Water Customer
Concerned with the Water Fund budget reserve. Cost of Coleman Engineering and Pacific Watershed 03-08-2022 City Council Meeting Minutes Page 1
X. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Aaron Hakenen - Trinidad
Thanked the Council for finding a stop-gap measure to ensure the water plant has a trained and qualified operator, but the current monthly expense is not sustainable. If the intent is that Coleman Engineering will recruit and train future City employees, the contract does not state this. There is no measurable timeframe mentioned either. I recommend a standing agenda item measuring specific benchmarks until the contract is terminated. Also, training be captured in a signed document, and the City continue to recruit and consider creative incentives to find qualified staff until the City is in direct control of the Treatment Plant.
City Manager Naffah explained that Coleman Engineering provides licensed, certified, and interim licensed service leading operations at the Water Plant. We have a T2 licensed operator currently working at the Plant, training, who will be taking T3 test in the future. Coleman has sent letters to all T2 and T3 operators in the area soliciting their help. We realize $35,000/month is not sustainable, but it is hopefully a short-term expense. My main goal is to minimize that timeline.
XI. CONSENT AGENDA
1. Staff Activity Report - February 2022
2. Financial Statements - January 2022
Law Enforcement Report - February 2022
4. Stormwater Construction Project Update
Motion (Grover/West) to approve the consent agenda as submitted. Passed unanimously.
XI. DISCUSSION/ACTION AGENDA ITEMS
Discussion/Decision regarding Resolution 2022-04: Rescinding Resolution 2021-14 Increasing the Tourist Occupancy Tax Rate from 10% to 12%.
Mayor Ladwig recused himself from this discussion due to conflict as an STR owner/manager.
City Manager Naffah explained that the Occupancy Tax Ordinance in the Trinidad Municipal Code authorizes rate increases by Resolution. A Resolution was prepared and adopted by the City Council in October 2021. A letter was sent to all lodging establishments in December alerting them of the increase from 10 to 12%, effective January 01, 2022. Subsequently, a resident contacted the City arguing that the increase should have been voted on at an election, and that the State law has changed prior to the City's law in 1993. Upon review this challenge was confirmed, and the City Attorney recommended that the Council rescind the increase by Resolution, revise the current ordinance, and prepare to have the increase on the November ballot.
Council questions included:
Grover: What motivated us to increase the rate?
City Manager Naffah explained that the County recently pulled back on the 2% TBID add-on tax for any establishment with less than 5 units. The City received 10%, but the overall rate was 12%. The additional 2% was collected by the City and passed on to the County.
Public comment included:
Motion (Kelly/Grover) to approve Resolution 2022-04; Rescinding Resolution 2021-14 Increasing the Tourist Occupancy Tax Rate from 10% to 12%. Passed 4-0-1. Ladwig recused.
2. Discussion/Decision regarding First Reading of Ordinance 2021-02; Amending Section 17.56.160 (6.26 as Certified) of the Trinidad Zoning Ordinance Regulating Short-Term Rentals.
Mayor Ladwig recused himself from this discussion due to conflict as an STR owner/manager 03-08-2022 City Council Meeting Minutes Page 2
City Manager Naffah explained that at the February 8, 2022 meeting, the City Council discussed the STR Ordinance amendment recommended by the Planning Commission as well as other suggestions. The City Council expressed their satisfaction with, and support of the amendments recommended by the Planning Commission and did not want to complicate the revision with further amendments. The City Council directed staff to prepare the amendment for the first reading at the March 8 meeting. I did make one change in addition to those recommended by the Planning Commission, which was to write out Local Contact Person rather than using the acronym LCP. This was suggested by Coastal Commission staff to avoid confusion with the more commonly used LCP as an acronym for Local Coastal Program.
Public comment included:
Sherry Provolt - Trinidad Property Owner
language, the procedure should be spelled out clearly in the ordinance.
City Manager Naffah explained that this section has not changed with the current revision. I assume it was very well discussed by the Council and community.
Council comments included:
West: We thought it would be a yearly process, but it has been several years of waiting. It might be a good idea to review this.
Kelly: If batching up wait list applications by year was the intent, then we should have the Planning Commission take a closer look at this and advise the Council. First come first serve seems logical, unless there is a good reason why not to.
City Clerk Adams noted that if an interpretation or intent is considered tonight, it should be explicitly described in the lottery section. If that is the case, hold off on the first reading tonight and give staff a chance to revise the ordinance to include that recommendation in detail for everyone to read and agree upon.
Planning Commissioner Hakenen agreed.
Motion (Grover/Kelly) to table the first reading and give the Planning Commission an opportunity to review and discuss the lottery system rationale and report back to the Council in April. Passed 4-0-1. Ladwig recused.
3. Discussion/Decision regarding Future Schedule of the Water Advisory Committee.
Mayor Ladwig explained that the packet includes the Resolution authorizing creating of the Water Advisory Committee. There was a significant amount of work done by the Committee in 2021, and now is a good time to get initial input on the future of the advisory committee.
Public comments included:
Paula Levine - Trinidad Water Customer
The WAC could follow up with Kelly's report for a rebate program for private water storage systems, and also financial analysis of water funds and rates. Are there any members remaining on the committee? Council comments included:
Kelly: I'm on the fence. We achieved most of the objectives, but there are now new objectives with the grant developments and ongoing resiliency efforts. Providing public forum, and communicating specific outside the Council venue would be helpful.
Grover: This is an evolving process. The situation is changing with all the grant funding opportunities, and having a group that can focus on topics as projects mature, then advise the Council, would be very useful on an as-needed basis. Tuttle and West agree.
Tuttle: New objectives will be to advise on grant projects and the search for watershed properties to host storage infrastructure.
Ladwig: Is the Water Advisory Committee going to join the City Manager in keeping track of all the efforts underway? The Committee should meet with Engineers when discussing the topics. Should we select members 03-08-2022 City Council Meeting Minutes Page 3
on the Water Advisory Committee in April?
Kelly: The committee would be a first-pass to advise on new concepts being proposed.
City Manager Naffah explained that the Planning Commission will have to appoint one of their own to the Committee. Currently Grover represents the Council on the Committee.
Ladwig: Update the objectives at the April meeting, call for volunteers if there are open positions, and make revisions to the purpose and any other section as needed.
By consensus, the Council agreed to Mayor Ladwig's suggestion to update the objectives at a future meeting (April), call for volunteers if there are open positions, and make revisions to the purpose and any other section as needed.
4. Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings.
Mayor Ladwig explained that this is the beginning of a conversation to transition to open meetings and provide direction if hybrid meetings are desired
Council comments included:
West: Agreed with Ladwig, that hybrid meetings would be idea to increase public participation.
Grover: Agree with West and Ladwig and have the meeting system implemented by May if possible. It will be good to review options before spending money on technology and find out it doesn't work.
Tuttle and Kelly agreed.
City Manager Naffah explained that
Public comment included:
Aaron Hakenen - Trinidad
Recommended the meeting owl technology to help assist with hybrid meetings.
Patti Fleschner - Trinidad
Prefer in-person meetings, subject to fiscal responsibility.
Sherry Provolt - Trinidad Property Owner
Agree with implementing the hybrid method. Take it one step at a time and implement carefully. Important to make remote participants feel welcome.
Staff will investigate options for hybrid meetings and report back to the Council at the next meeting.
5. Discussion/Decision Resolution 2022-05; Opposing Initiative 21-0042A1.
City Manager Naffah explained the Resolution substance, crafted and recommended by the League of CA Cities.
There was no Public or Council comment.
Motion (West/Grover) to adopt Resolution 2022-05. Passed 4-0-1. Kelly abstained.
FUTURE AGENDA ITEMS
No items were discussed.
ADJOURNMENT: 8:05pm.
Approved by:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
03-08-2022 City Council Meeting Minutes Page 4