City Council Meeting Agenda: 4-12-2022 Page 1
Posted: Friday, April 08, 2022
NOTICE AND CALL OF A REGULAR MEETING OF THE
TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, APRIL 12, 2022, at 6:00 PM
THIS MEETING WILL BE HELD VIA ZOOM VIDEOCONFERENCE
CLOSED SESSION BEGINS AT 5:00PM
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: 833 7538 1195 Passcode: 761647 I. CALL TO ORDER
II. TELECONFERENCE MEETINGS
1. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
III. PLEDGE OF ALLEGIANCE
IV. CLOSED SESSION AGENDA PUBLIC COMMENT
At this time, members of the public may only comment on an item appearing on the agenda. Please adhere to the following when addressing the Council: 1) Individual comments will be limited to 3 minutes or less, 2) Comments should be directed to the Council as a whole and not directed to individual Council Members V. ADJOURN TO CLOSED SESSION
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 – Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: One potential case. Issue/transaction: Tourist Occupancy Tax Overpayment.
VI. RECONVENE TO OPEN SESSION
VII. APPROVAL OF AGENDA
VIII. APPROVAL OF MINUTES – 02-08-2022cc, 03-08-2022 cc2 IX. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
X. STAFF REPORTS – City Manager & Law Enforcement
XI. ITEMS FROM THE FLOOR
At this time, members of the public may comment on items NOT appearing on the agenda. Individual comments will be limited to 3 minutes or less. Comments should be directed to the Council as a whole and not to individual Council Members or staff. Council and staff responses will be minimal for non-agenda items.
City Council Meeting Agenda: 4-12-2022 Page 2
XII. CONSENT AGENDA All matters on the Consent Agenda are considered routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items. If discussion is requested by any Council member, that item is removed from the Consent Calendar and considered separately. A single opportunity for public comment on the Consent Agenda is available to the public.
1. Staff Activity Report – March 2022
2. Financial Statements – February 2022
3. Law Enforcement Report – March 2022
XII. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Resolution 2022-06; Tourist Occupancy Tax Rate Reduction to Eight Percent (8%) and Provide Staff Direction Regarding Tourist Occupancy Tax Collection.
2. Discussion/Decision to Appoint Two (2) Councilmembers to an Ad-Hoc Committee for a Government-toGovernment Meeting with the Yurok Tribe.
3. Presentation from Humboldt County Association of Governments Executive Director Beth Burks regarding Current County Transportation Projects.
4. 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.
5. Continued Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings.
6. Discussion/Decision regarding Appointment to Fill the Vacancy on the Trinidad Planning Commission.
7. Discussion/Decision regarding Appointment to Fill the Vacancy on the Short-Term Rental Advisory Committee.
8. Discussion/Decision regarding Councilmember Committee Assignments.
XIII. FUTURE AGENDA ITEMS
XIV. ADJOURNMENT
TELECONFERENCE MEETINGS
SUPPORTING DOCUMENTATION ATTACHED
1. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION 2021-12
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF TRINIDAD MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361,
AND AUTHORIZING THE CONTINUED USE OF VIRTUAL MEETINGS
WHEREAS, as a result of the COVID-19 pandemic, the Governor issued Executive Order Nos. N-08-21, N-25-20 and N-29-20, which suspended certain provisions of the Ralph M. Brown Act to allow legislative bodies to conduct public meetings without strict compliance with the teleconferencing provisions of the Brown Act; WHEREAS, Assembly Bill 361, which was signed into law on September 17, 2021, amended Government Code section 54953, to provide relief from the teleconferencing provisions of the Brown Act under certain circumstances provided the legislative body makes certain findings; WHEREAS, as a result of the COVID-19 pandemic, the Governor proclaimed a state of emergency on March 4, 2020, in accordance with the section 8625 of the California Emergency Services Act, and the state of emergency remains in effect;
WHEREAS, as a result of the COVID-19 pandemic, the Humboldt County Health Officer has imposed and has recommended measures to promote social distancing as more particularly set forth in his August 6, 2021, Order, among other prior orders and guidance;
NOW, THEREFORE, the City Council does hereby find and resolve as follows:
1. That the Council has reconsidered the circumstances of the previously declared and existing state of emergency arising from the COVID-19 pandemic;
2. That the state of emergency continues to directly impact the ability of the members of the Council to meet safely in person, and further that local officials continue to impose or recommend measures to promote social distancing;
3. That the Council and its subordinate Committees, Commissions, and Boards may continue to conduct public meetings in accordance with Government Code section 54953(e);
4. That the Council will reconsider the above findings within 30-days of this Resolution.
PASSED, ADOPTED, and EXTENDED on the 14th day of December, 2021 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
______________________________
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
APPROVAL OF MINUTES FOR:
FEBRUARY 08, 2022 CC
MARCH 08, 2022 CC
Supporting Documentation follows with: 11 PAGES
02-08-2022 City Council Meeting Minutes Page 1
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, West, 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. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation (Calif. Gov. Code Section 54956.9(d)(1)) (1 Case: City of Trinidad vs.
Tsurai Ancestral Society, et. al, Humb. Co. Sup. Court Case No. 180684)
2. 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)
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.
IV. RECONVENE TO OPEN SESSION
Mayor Ladwig reported that Council removed item 3 from Closed Session discussion. No other action was taken.
V. 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.
VI. APPROVAL OF MINUTES – 12-14-2021 cc, 01-11-2022 cc, and 01-25-2022 ccpcstr. (Grover/West) to approve the minutes as submitted. Passed unanimously. Kelly abstained from the 12-14 and 01-11 meetings as her first Council meeting was January 25.
VII. 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 15th 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 I 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, fixing leaky pipes, etc. Efforts underway to pursue land for possible storage areas and increasing the efficiency 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.
VIII.STAFF REPORTS – City Manager & Law Enforcement
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 Organics Recycling program. Due to the City’s small size, it received a waiver but still encourage residents to consider composting organics.
02-08-2022 City Council Meeting Minutes Page 2
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.
IX. 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.
X. CONSENT AGENDA
1. Staff Activity Report – January 2022
2. 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 safe, 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 having our own staff which cost approximately half. Is there an opportunity down the road to change the management structure of the Plant, or is that fixed? Will this extra cost be passed along to the rate payers? Naffah 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 – Trinidad
I’m concerned with what the City receives from this contract? I’m not comfortable with Gans advice that competitive bids weren’t required.
Bryce Kenny – Trinidad
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.
Paula Levine – Trinidad Water Customer
Has anyone tried enticing Ryan DeSmet to return?
02-08-2022 City Council Meeting Minutes Page 3
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 (LCP) 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.
The Trails Advisory Committee suggested replacing this sign. It was discussed several months ago, and after that Council meeting we had input from the Trinidad Rancheria. They suggested two changes; 1) Changing the name of the trail (Tsurewa Trail) and, 2) refer to Tsurai people as Yurok People. I set up a meeting with the Tsurai and Yurok to discuss the proposed changes. They felt the name of the trail should be Tsurai Trail, as well as the Tsurai Trail on Tsurewa. Modifications were also agreed to the Yurok People in the village of Tsurai. 02-08-2022 City Council Meeting Minutes Page 4
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.
3. 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.
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. 02-08-2022 City Council Meeting Minutes Page 5
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 packet(s) for priority eligible project(s). 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 may 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 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 02-08-2022 City Council Meeting Minutes Page 6
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.
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. 02-08-2022 City Council Meeting Minutes Page 7
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.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
03-08-2022 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, MARCH 08, 2022 (ZOOM)
I. CALL TO ORDER
Mayor Ladwig called the Zoom virtual meeting to order at 6:00pm. Council members in attendance: Ladwig, West, Grover, and Kelly and Tuttle. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams.
Approximately (15) 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 – 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 Associates is very high. Contracted Services line 75300 is way over budget. Hope that City Manager would provide monthly update on consultant activities. It makes sense for just a few dollars to send a mailer to property owners in Luffenholtz Creek willing to consider selling property for water storage locations.
03-08-2022 City Council Meeting Minutes Page 2
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
3. 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
1. 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:
Aaron Hakenen – Trinidad
With this Resolution in place, will tonight’s action also direct staff to update the ordinance? Naffah confirmed, yes, staff will be directed to review and propose a revision that is in line with current State law.
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 3
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
Regarding the waitlist and lottery section, why was this system chosen? Some people have been on the waitlist since 2017. Why not first come, first serve? What is the rationale for this process? If there is a change to the language, the procedure should be spelled out clearly in the ordinance.
City 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 specifics 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 4
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.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Staff Activity Report – March 2022
City Manager’s Report April 12, 2022 Meeting
Emergency Intertie:
The Department of Water Resources has awarded the City $2 million for the proposed Emergency Intertie Project with Westhaven CSD. The funding is through the Urban and Multibenefit Drought Relief Grant Program.
Local Coastal Plan:
The Coastal Commission approved Trinidad’s Local Coastal Plan (LCP) grant application at the Commission’s March meeting. Funding of $200,000 will cover a comprehensive LCP update.
Trinidad was one of seven applications that received funding in the state.
Stormwater Project:
The Stormwater Project is progressing with construction taking place on Underwood, Edwards, and in the Harbor Beach parking lot. Intermittent one lane traffic and notice of temporary water shutoffs can be taking place in the upcoming weeks. The project is slated to be complete by early June.
Verizon Cell Site Decommissioning:
The existing cell site on Trinidad Head will be decommissioned once the new Westhaven cell tower is operational and cell coverage is up to par. Verizon customers in the greater Trinidad area are encouraged to contact the city to report any change in reception ASAP to assist in assuring adequate coverage going forward.
Trinidad Chamber of Commerce:
The Trinidad Chamber of Commerce has seven new board members which will allow it to move forward with serving the community. Quarterly mixers and a fish fest are in the planning stages. Other new events are being considered for our area. Thank you for the business and community members who stepped forward to serve on the Board! CIRA:
The California Intergovernmental Risk Authority (CIRA) is the JPA that provides insurance coverage for the city. Their Risk Manager Erike Young visited the city for two days toward the end of March and performed a risk assessment. He was impressed with recent improvements in the city and made some suggestions to contract verbiage. The rest of the city seemed to be in order.
Trinidad Bay Watershed Council:
The Trinidad Bay Watershed Council (TBWC) works collaboratively to improve and maintain the watersheds, coastal waters and communities in the Trinidad and Westhaven area for the benefit of all community members. The Watershed Council was formed in 2007 and is an unincorporated voluntary community group of watershed stakeholders including residents, tribal representatives, landowners, local government, and businesses. The City of Trinidad provides staff support and a small budget for TBWC’s website. TBWC holds quarterly meetings to hear partner updates and to discuss watershed issues and projects. The next meeting will be in late April or early May including a discussion of several newly funded projects in the Trinidad Bay watersheds. For more information, visit the website at www.trinidadwatersheds.org. If you would like to be on the TBWC email list, please contact Becky Price-Hall at [email protected].
CONSENT AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Financial Statements – February 2022
CONSENT AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Law Enforcement Report – March 2022
DISCUSSION AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Discussion/Decision regarding Resolution 2022-06; Tourist Occupancy Tax Rate Reduction to Eight Percent (8%) and Provide Staff Direction Regarding Tourist Occupancy Tax Collection Staff Report – Discussion 1, Tourist Occupancy Tax Collection As the City Council is aware, the City’s Tourist Occupancy Tax Ordinance (“T.O.T.”), originally enacted in April 1992 with an amendment later in calendar year 1992, includes provisions allowing the City to set the collected tax rate by Council Resolution (see Trinidad Municipal Code Section 3.20.020), and a rate increases was adopted by the Council in calendar year 1993(6% to 8%). The ordinance was amended by the Council in 2011 (8% to 10%) and an additional increase was proposed for the first quarter of 2022 (10% to 12%). Concerns were raised as to the increase mechanism recited in the Ordinance, and specifically whether the increases were subject to the voter approval requirements of California Propositions 218 and 26.
Upon presentation of the concerns to the City and City Attorney, the history of the T.O.T.
Ordinance has been reviewed and recommendation was provided to rescind the 2022 increase and reinstate the rate adopted and imposed in calendar year 1993 (i.e., 8%) (prior to the adoption of Proposition 218 in calendar year 1996).
Staff recommends the City review the T.O.T. Ordinance for substantive amendment and revision, and potential presentation to the City general electorate.
Questions have been posed by members of the public about the T.O.T. rate and collection for the First Quarter of 2022. Those questions include the following as well as City recommended guidance:
1. Whether an extension will be given for the remittance of the T.O.T. for the First Quarter of 2022.
City Municipal Code Section 3.20.060 provides the time period for reports and remittances of the T.O.T. and while the tax administrator has the authority to establish shorter reporting periods under this section, there is no authority to extend it. However, for the First Quarter of 2022 operators may remit to the City the tax at the actual rate collected or at the rate of 8% pursuant to the City Manager’s memo of March 31, 2022 while directing the remainder back directly to the tax payor tourists.
2. If operators remit to the City the actual tax collected at the varying rates of 12% and 10% for the First Quarter of 2022, how will the City handle the “overpaid” tax amounts? Any amounts remitted to the City for T.O.T. in excess of an 8% rate for the First Quarter of 2022 will be held subject to refund protocol under the T.O.T. Ordinance.
3. If tourists book lodging in advance and the T.O.T. changes between the time of the booking and the actual stay, what is the rate to be charged? City Code section 3.20.030 provides that the TOT is based on the rent charged by the operator at the time the rent is paid.
4. It has been expressed that it would be helpful for operators to have sufficient notice when there are T.O.T. rate changes.
City staff will note this and take it into consideration going forward. No additional rate changes are contemplated absent T.O.T. Ordinance amendment as noted above.
Staff Recommendation:
Staff recommends the Council adopt Resolution No. 2022-06, instruct staff to provide guidance as recited in this Staff Report regarding T.O.T. tax collection, and commence review of the T.O.T. Ordinance for substantive amendment and revision, and potential presentation to the City general electorate.
TRINIDAD CITY HALL Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION NO. 2022-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TRINIDAD, CALIFORNIA, REDUCING THE TOURIST OCCUPANCY TAX TO 8% AND DIRECTING STAFF TO REVIEW
AND PROPOSE REVISIONS TO THE TOURIST OCCUPANCY TAX ORDINANCE A. WHEREAS, the City Council of the City of Trinidad, State of California, adopted Ordinance 92-1 in April 1992 adding Chapter 3.20 – Tourist Occupancy Tax to the Trinidad Municipal Code; B. WHEREAS, in November 1992 the City Council of the City of Trinidad, State of California, amended Section 3.20.030 of the Trinidad Municipal Code to read that the tourist occupancy tax rate would be in an amount to be set by resolution of the City Council from time to time; C. WHEREAS, in March 1993, the City Council of the City of Trinidad, State of California, adopted Resolution 93-4 setting the tourist occupancy rate at 8%; D. WHEREAS, in July 2011, the City Council of the City of Trinidad, State of California, amended Section
3.20.030 of the Trinidad Municipal Code setting the tax rate at 10% and; E. WHEREAS, in November 2021, the City Council of the City of Trinidad, State of California, adopted Resolution 2021-14 setting the tax rate at 12%;
F. WHEREAS, in March 2022, the City Council of the City of Trinidad, State of California, adopted Resolution 2022-04 rescinding Resolution 2021-14;
G. WHEREAS, the City Council of the City of Trinidad, State of California, now desires to reduce the tourist occupancy tax rate to 8% consistent with the amount set in 1993; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Trinidad, California, as follows:
1. That the tourist occupancy tax rate is reduced to and set at 8% consistent with Resolution 93-4;
2. City staff is directed to review, consider and propose amendments to the City of Trinidad TOT Ordinance for City Council consideration at a future Council meeting and, to the extent required by applicable law, submission to the voters of the City of Trinidad for approval and/or ratification.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Trinidad at a regular meeting thereof on April 12, 2022, by the following vote:
AYES:
NOES :
ABSENT :
ABSTAIN:
Attest: Approved:
____________________ ____________________
Gabriel Adams Steve Ladwig
City Clerk Mayor
DISCUSSION AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Discussion/Decision to Appoint Two (2) Councilmembers to an Ad-Hoc Committee for a Governmentto-Government Meeting with the Yurok Tribe.
DISCUSSION AGENDA ITEM 3
NO SUPPORTING DOCUMENTATION ATTACHED
3. Presentation from Humboldt County Association of Governments Executive Director Beth Burks regarding Current County Transportation Projects
DISCUSSION AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Discussion/Decision regarding First Reading of Ordinance 2021-02; Amending Section 17.56.160 (6.26 as Certified) of the Trinidad Zoning Ordinance Regulating Short-Term Rentals.
DISCUSSION AGENDA ITEM
April 12, 2022
---------------------------------------------------------------------------------------------------------------- Item: STR Ordinance Revision
At the March 8, 2022 City Council meeting, the fairness of the lottery provisions of the STR ordinance was raised as a concern by a member of the public, and the Council elected to send it back to the Planning Commission for consideration of and a recommendation on that issue. At their March 16, 2022 meeting, the Planning Commission discussed the lottery and recommended making no additional changes at this time, but that it should be revisited during the next review of the ordinance.
Background
Subsection 17.56.190.E of the STR ordinance establishes a waiting list and lottery system for allocating STR licenses that become available under a cap. In the current ordinance, people can put their name on wait list at any time, and when a license becomes available, the City will hold a lottery to allocate that license randomly among those on the wait list. However, the City has never held a lottery, because until 2021, the only wait list was in the UR zone, and no licenses were available due to the cap being met or exceeded.
There are currently 16 licenses in the UR zone with two licenses available under the proposed amended cap. There are 8 people on the waiting list, with the first request having been submitted in December 2017. The City Council has directed staff not to hold a lottery until the STR ordinance review and amendment is completed so as not to prejudice potential changes to the caps. There are currently only three licenses in the SR zone, with one property on the wait list. There are no caps in other zones.
I looked back through the history of the last revision of the existing ordinance, which established the caps and the lottery system. The idea of a lottery originally came about as a way to immediately reduce the number of STRs in the UR zone to get to the cap.
The Planning Commission recommendation to the City Council was that all existing licenses in the UR zone (the only zone where a cap was exceeded) would be put into a lottery and the City would draw 19 of them. The Planning Commission also recommended that licenses be issued for 5-year terms, and that a new lottery be held every five years in order to give more people the opportunity to obtain a license. This system was modeled on an ordinance from Cannon Beach, OR. Under that scenario, it made sense for new licenses that became available between the 5-year renewals to also be issued through a lottery system.
Staff recommendation at that time was that the 5-year renewals and lottery system was too complex and time consuming, especially considering the new restrictions on adjacent STRs and number of licenses per person. The City Council agreed when they took up consideration of the ordinance. They elected to have annual licenses that are renewed each year unless they are not meeting the requirements of the ordinance, and to reach the cap over time through attrition, doing away with both the initial and 5-year lotteries. However, the Council did specifically discuss and decide to keep the lottery system and waitlist for future allocation of licenses that became available under a cap. It was considered to be more equitable than first-come-first-serve by providing opportunities to more people to obtain a license.
At this point, the City has not yet held a lottery, so staff cannot comment on how well it works. And there have been no complaints from those on the waitlist until now, and it has not previously been brought up as an issue at STR Committee or other meetings where the ordinance has been discussed, until the March 8 City Council meeting. While a first-come-first-serve method may seem more just, the lottery system may be more equitable. Staff does not have a strong opinion either way. However, there does not seem to be a need to change the regulations at this time. And in fact, there are a number of people that put their name on a wait list under the current rules expecting a lottery, which could have been held months ago. It would not seem fair or equitable to change the rules prior to holding a lottery for the people on the current wait list.
In addition, Coastal Commission staff have reviewed the changes already recommended by the Planning Commission and found them to be minor. Any additional changes could complicate the Coastal Commission certification process. The ordinance can and will be reviewed as needed in the future to address any issues that come up. There are already several additional issues that have come up at recent meetings that the City Council elected not to pursue at this time (e.g. relaxing standards for Homeshare and Resident STRs) in favor of consideration during a future review of the ordinance. Staff suggests that the lottery provisions should fall into the same category. By the next review, the City will have actually held a lottery and so can make a more informed decision about it.
Attachments
• Amended STR Ordinance (16 pages)
Recommended Action:
Approve the first reading of Ordinance #2022-02 amending Section 17.56.160 (6.26 as certified) of the Trinidad Zoning Ordinance regulating Short Term Rentals. p. 1 of 16
DRAFT Final STR Ordinance Amendment July March 2021
ORDINANCE #2022-02
AN ORDINANCE OF THE CITY OF TRINIDAD
AMENDING SECTION 17.56.190 OF TITLE 17 OF THE TRINIDAD MUNICIPAL CODE REGULATING SHORT TERM RENTALS (AMENDING SECTION 6.26 OF
THE COASTAL COMMISSION CERTIFIED ZONING ORDINANCE)
ORDINANCE 2022-02, SECTION 1:
Revise Chapter 17.56, Section 17.56.190, Regulations for Short Term Rentals, to read, in context, as follows:
Section 17.56.190 (6.26) Regulations for Short Term Rentals Sections:
17.56.190 (6.26).A Short Title
17.56.190 (6.26).B Findings
17.56.190 (6.26).C Purpose
17.56.190 (6.26).D Definitions
17.56.190 (6.26).E Application Requirements
17.56.190 (6.26).F Maximum Number of Short Term Rentals
17.56.190 (6.26).G Location
17.56.190 (6.26).H One STR License Per Owner
17.56.190 (6.26).I Effect on Existing STRs
17.56.190 (6.26).J License Transferability
17.56.190 (6.26).K Homeshare STR Licenses
17.56.190 (6.26).L Resident STR Licenses
17.56.190 (6.26).M STR Standards
17.56.190 (6.26).N Tourist Occupancy Tax
17.56.190 (6.26).O Audit
17.56.190 (6.26).P Dispute Resolution
17.56.190 (6.26).Q Administrative Standards and Rules
17.56.190 (6.26).R Violations
17.56.190 (6.26).S Ordinance Review
17.56.190 (6.26).T Severability
17.56.190 (6.26).A Short Title.
This Section shall be known and may be cited as “City of Trinidad Short Term Rental Ordinance.”
17.56.190 (6.26).B Findings
The City Council finds that adoption of a comprehensive code to regulate issuance of and standards for Short Term Rental Licenses is necessary to protect the public health, safety and welfare and to strike a proper balance between City residents’ concerns and the rights of property owners, STR owners and operators as well as visitors to the City. p. 2 of 16
DRAFT Final STR Ordinance Amendment July March 2021
The City Council finds the regulation of short-term rental uses through this Ordinance, including its nontransferability provisions, to be a valid exercise of the city’s police power in furtherance of the legitimate governmental interests documented in this chapter.
17.56.190 (6.26).C Purpose.
The purpose of this Section is to establish a permitting process, together with appropriate standards that regulate short-term rental of dwellings in the City in order to: minimize negative secondary effects of Short Term Rentals (STRs) on surrounding residential neighborhoods; preserve the character of neighborhoods in which any such use occurs; ensure that STRs are compatible with surrounding residential and other uses and will not act to harm or alter the neighborhoods within which they are located; minimize impacts to coastal resources; provide for visitor services in accordance with the Coastal Act; and ensure STRs are consistent with all other provisions of the General Plan and Zoning Ordinance. This section addresses traffic, noise and density; ensures health, safety and welfare of neighborhoods as well as of renters and guests patronizing short-term rentals; and imposes limits on the number of licenses issued to ensure longterm availability of the affordable housing stock and to ensure Trinidad has enough residents to maintain a viable community. This chapter section also sets regulations to ensure enforcement of these standards, and collection and payment of fees and transient occupancy taxes.
17.56.190 (6.26).D Definitions.
1. City Manager
“City Manager” means the City Manager of the City of Trinidad or their designee.
2. Dwelling.
“Dwelling” means a single family dwelling, including associated accessory structures, or a dwelling unit within a duplex or multi-family dwelling, not to include mobile homes in a mobile home park.
3. Event.
"Event" means any use of a structure or land for a limited period of time. “Event” includes, but is not limited to, art shows, religious revivals, tent camps, concerts, fundraisers, and weddings or receptions. ”Event” does not include small parties and social gatherings, of no more than the maximum allowed occupancy, consistent with normal residential use.
4. Existing STR.
“Existing STR” means an STR that had a valid STR license as of the effective date of this ordinance.
5. Full-time STR
“Full-time STR” means any STR that is not a Homeshare STR or Resident STR. p. 3 of 16
DRAFT Final STR Ordinance Amendment July March 2021
6. Good Neighbor Contract & Good Neighbor Brochure.
"Good Neighbor Contract" means a document, specific to each STR, prepared by the City and approved by the City Manager that summarizes general rules of conduct, consideration, respect, and potential remedial actions. In particular, the contract shall include provisions for maximum occupancy and visitors, off-street parking, noise standards, and penalties for violations. The “Good Neighbor Brochure” is a brief summary of the Good Neighbor Contract, in a form approved by the City Manager, which may include additional information and suggestions for Occupants for minimizing disturbance to neighbors and environmentally sensitive habitat areas. The Good Neighbor Brochure shall be posted or placed in a prominent location inside each STR.
7. Homeshare STR
“Homeshare STR” means a Short Term Rental whereby a homeowner rents out no more than one bedroom in their primary residence and is present on site between the hours of 10PM to 7AM while rented as an STR.
8. Meet and Greet
“Meet and Greet” means an in-person, on-site meeting at the STR between the Property Manager and the Responsible Person on the day of arrival, or no later than 12:00 p.m. on the morning after a late night arrival, at which time the parties will sign, date, and time stamp the Good Neighbor Contract to indicate it has been reviewed and the Responsible Person has not misrepresented their group during the reservation process.
98. Occupant.
“Occupant” within this Section means a person, not a host, owner, guest or tenant, renting or occupying an STR in accordance with this section and staying overnight therein. As used in this Section, “occupant” does not include up to two children aged 12 or under.
109. Primary Residence
“Primary Residence” means the dwelling owned and occupied as the owner’s principle place of residence, where the homeowner lives more than 50% of the year.
A person can only have one primary residence at any time.
11. Property Manager
“Property Manager” or STR Manager means the designee(s) responsible for managing an STR, including authorizing rental contracts. The Property Manager may be the owner and/or the Local Contact Person.
120. Resident STR
p. 4 of 16
DRAFT Final STR Ordinance Amendment July March 2021
“Resident STR” means a Short Term Rental that is operated less than 60 nights per year and which is the owner’s primary residence, but the owner does not have to be in residence while the dwelling is rented as an STR.
131. Responsible Person.
“Responsible Person” Means the occupant of an STR who is at least twenty-five (25) years of age, who signs the Good Neighbor Contract and who shall be legally responsible for compliance of all occupants of the STR and / or visitors with all provisions of this Section.
142. Short Term Rental (STR)
“Short Term Rental” (STR) means a rental of any dwelling, in whole or in part, within the City of Trinidad, to any person(s) for transient use, other than (1) a permitted bed and breakfast, (2) ongoing month-to-month tenancy granted to the same renter for the same dwelling, (3) one less-than-30-day rental per year, or (4) a house exchange for which there is no payment.
153. STR Watch List
“STR Watch List” means a list of one or more Short Term Rentals that the City Manager has identified on the basis of good cause, including one or more significant violations, as STRs that warrant a higher level of oversight, scrutiny, review, or monitoring.
164. Transient Use.
“Transient use” means any contractual use of a structure or portion thereof for residential, dwelling or sleeping purposes, for any period of time which is less than 30 consecutive days.
176. Visitor.
“Visitor” means someone staying temporarily at an STR, such as guests of occupants, who is not an ’occupant’ and not staying at the STR overnight.
17.56.190 (6.26).E Application Requirements.
1. Initial Application.
a. Each STR must procure an STR License. No additional business license is required for an STR. The STR License shall identify the existence of a STR at a particular address and declare the type of STR, number of bedrooms rented in the STR and its intended maximum occupancy.
b. A site plan and floor plan must be submitted along with the STR License application so the City can verify the number of bedrooms, off-street parking spaces, and other requirements. The site plan and floor plan do not have to be professionally prepared, but must be to scale and include enough information to verify compliance. A sample rental agreement that includes the Good Neighbor p. 5 of 16
DRAFT Final STR Ordinance Amendment July March 2021
Contract and any other forms as required by the City Manager shall also be provided. Applicants for a Homeshare or Resident STR License shall provide documentation that the property is owner’s Primary Residence. c. At the time of application for a new STR, the dwelling shall be subject to inspection by the Building Inspector. The purpose of the inspection is to determine the conformance of the dwelling with applicable City regulations.
Prior to the issuance of the STR license, the owner of the dwelling shall make all necessary alterations to the dwelling as required by the Building Inspector to conform with applicable codes. This does not mean that the dwelling has to be brought into conformance with current building codes unless, in the opinion of the Building Inspector, the work is necessary to protect public health and safety. d. Each application for an STR License shall be accompanied with proof of a general liability insurance in the amount of one million dollars combined single limit. In addition, the applicant shall sign an acknowledgement that they will operate the STR in accordance with all applicable rules and regulations, including this section, and that they can be held responsible for the behavior of their occupants and visitors in accordance with this Section.
e. The City will notify all property owners within 300 feet of an STR property of the STR License within 10 working days of its issuance or re-issuance. This notice shall be combined with the distribution of contact information required in subsection 2.c below. STR License information, including, but not limited to, license number, address, maximum occupancy, Local Contact Person, and 24- hour Contact Phone Number, will also be posted on the City’s website. f. Upon initial application for an STR License, the City shall provide all STR licensees with copies of informational materials identifying protective measures for preventing and minimizing impacts to environmentally sensitive habitat areas, water resources, and septic systems from the short term rental use of the residence. Such protective measures include, but are not limited to: (1) avoiding human encroachment into environmentally sensitive habitat areas; (2) directing or screening exterior lighting from illuminating riparian corridor areas; and (3) best management practices for the proper handling and disposal of trash and chlorinated water from hot tubs, swimming pools, and other spa facilities.
2. Contact Information.
a. Local Contact Person (LCP).
p. 6 of 16
DRAFT Final STR Ordinance Amendment July March 2021
Each STR must designate a Local Contact Person on the STR License form. That person may be the owner or the pProperty mManager. The LCPLocal Contact Person may designate a temporary LCPLocal Contact Person for a specific rental night(s); that designation must be reported to the City at least 24 hours before the rental date. The LCPLocal Contact Person, or their temporary designee, must live within 20 miles of Trinidad and be able to respond personally to an STR concern within 30 minutes.
b. 24-Hour Contact Phone Number.
A 24-hour Contact Phone Number is required for each STR. The 24-hour Contact Phone Number shall be prominently placed for the occupants’ use inside the STR. Any change to the 24-hour Contact Phone Number shall be promptly posted within the STR and provided to the Trinidad City Clerk at least 15 days prior to any change. A temporary LCPLocal Contact Person designee shall use the same Contact Phone Number as the LCPLocal Contact Person. c. Distribution of Contact Information
The name of the LCPLocal Contact Person and 24-hour Contact Phone Number will be forwarded by the City Clerk to the Trinidad Police Department, the County Sheriff’s Office, the Trinidad Volunteer Fire Department, and to each neighbor within 300 feet of the STR, and posted on the City’s website within 10 business days after the issuance or reissuance of an STR License for the STR.
The contact information sent to neighbors may include further instructions in the case that a response from the LCPLocal Contact Person is not forthcoming. If there is an emergency or complaint, and the LCPLocal Contact Person does not respond within a reasonable period of time, concerned persons will be encouraged to report an emergency through the 911 emergency calling system or the Police or Sheriff’s Department for other complaints. It is unlawful to make a false report or complaint regarding activities associated with an STR.
3. STR License Renewals.
STR licenses shall be renewed annually. Renewals must be submitted by February 1.
New STRs that received a license after October 1 do not need to renew their license until the February after the license has been in place for a year. Any changes to the site plan, floor plan, allowable occupancy, or rental agreement shall be submitted along with the license renewal application. Existing STRs that have not had an initial inspection as required by §17.56.190.E.1.c will be subject to such an inspection.
Although the renewal process includes a staff review of City records and other pertinent information specific to complaints, if any, that have been received about the particular STR, it is the intention of the City of Trinidad that there is a presumption that an application for renewal of a STR License for an existing STR will be approved as long as all applicable standards are still met unless or until such time as the permit is revoked pursuant to §17.56.190.R.4 (6.26.R.4, Revocation) or p. 7 of 16
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17.56.190.M14 (6.26.M.14, Minimum Activity) or until the STR license expires pursuant to 17.56.190.J (6.26.J, License Transferability) or if it is voluntarily withdrawn.
4. Appeals
Appeals of staff determinations or decisions in accordance with this section shall be appealable per section 17.72.100 (7.14) except that STR License decisions are not appealable to the Coastal Commission because they do not constitute a Coastal Development Permit. Notwithstanding section 17.72.100.D (7.14.D), fees for appeals of STR License decisions shall be set by resolution of the City Council.
5. Fees
Fees for initial applications and renewals for each type of STR shall be set by resolution of the City Council.
6. Application Wait List & Lottery
It is the City’s intention to maintain no more than 189 Full-time STR Licenses and 6 Resident STR Licenses in the Urban Residential (UR) Zone, and 76 Full-time STR Licenses in the Suburban Residential (SR) Zone and no more than a total of 32 Fulltime STR Licenses City-wide. When an STR license becomes available within one of those limits, the City will hold a lottery to allocate that STR License. The City will maintain a waiting list, for each type of STR License by zone as needed, of property owners who are interested in obtaining an STR License for their dwelling. A property owner may place his or her name on the waiting list at any time, but only once per property. The City will randomly draw a name from the waiting list for the appropriate type of license and zone. If the property meets the applicable location standards (§17.56.190.G (6.26.G)), that owner will have 45 days to submit a complete STR License application, along with any other associated license or permit applications (Use Permit, OWTS Operating Permit, etc.) that may be required. If the property owner does not obtain an STR License within 90 days, or if the property does not meet the applicable location standards, the City will draw another name from the waiting list for that zone and STR type.
17.56.190 (6.26).FE Maximum Number of Short Term Rentals In order to preserve community character and an appropriate balance of residential, commercial and visitor-serving uses, no new Full-time STR licenses shall be issued by the City if the total number of Full-time STR Licenses would exceed 189 in the UR Zone and or 76 in the SR Zone, with no limit in other zones, except that no more than a total of 32 Full-time STRs shall be allowed within City limits at any one time. An additional 6 Resident STR Licenses shall be allowed in the UR Zone, with no limit in other zones.
Additional Resident STR Licenses may be granted in the UR Zone with approval by the Planning Commission pursuant to the Conditional Use Permit findings and procedures of Chapter 17.72 (Sections 7.06 - 7.18) of the Zoning Ordinance.
17.56.190 (6.26).G Location.
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STR’s are permitted only in legally established dwelling units within any zoning district. Each separate STR must obtain its own, individual STR License. There shall be no more than one STR per parcel.
No new STR within the UR zone shall be located where it shares a property boundary with a property containing another STR within the UR zone.
Either of these location standards may be modified through an exception approved by the Planning Commission pursuant to the Conditional Use Permit findings and procedures of Chapter 17.72 (Sections 7.06 7.18) of the Zoning Ordinance. Such an exception shall only be valid as long as the associated STR license is maintained.
17.56.190 (6.26).H One Number of STR Licenses Per Owner No new STR license shall be issued for a property in the UR or SR Zones if the owner already holds another STR license in the UR or SR Zones unless there are fewer than the maximum number allowed pursuant to §17.56.190.F (6.26.F) and no other names on the wait lists. No more than a total of two Full-time STR licenses may be held by one property owner, regardless of the zone. Theseis limitations shall not apply to renewals of existing STR licenses.
17.56.190 (6.26).I Effect on Existing Vacation Dwelling Units.
Existing STRs, in excess of the number allowed in §17.56.190.F, or that do not meet the location requirements of §17.56.190.G (6.26.G), shall be allowed to continue to operate under an STR license as long as the permit is renewed in accordance with §17.56.190.E.3 (6.26.E.3) unless or until such time as the permit is revoked pursuant to §17.56.190.R.4 (6.26.R.4, Violations) or 17.56.190.M.14 (6.26.M.14, Minimum Activity) or until the STR license expires pursuant to 17.56.190.J (6.26.J, License Transferability).
17.56.190 (6.26). J. License Transferability
An STR License is issued to a property owner for a single location. The STR License shall be revoked when the permit holder sells or transfers the real property which was rented pursuant to the STR License except as provided below. For purposes of this section, “sale or transfer” means any change of ownership during the lifetime of the license holder or after the death of the permit holder whether there is consideration or not except a change in ownership where title is held in survivorship with a spouse, or transfers on the owner’s death to a trust which benefits only a spouse for the spouse’s lifetime, or lifetime transfers between spouses. If the owner is a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, then “sale or transfer” shall mean a change in 50% or more of the shareholders or members or partners or beneficiaries. A license holder may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to permit revocation pursuant to this section so long as the transferor lives and remains the only owner of the entity. Upon the transferor’s p. 9 of 16
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death or the sale or transfer of his or her interest in the entity to another person, the transient rental permit held by the transferor shall be revoked.
17.56.190 (6.26).K Homeshare STR Licenses
Homeshare STR Licenses allow owners, in their Primary Residence, to rent up to one bedroom as an STR, and the owners must be present at night as host during STR use.
Homeshare STRs are subject to all the provisions of this ordinance (section) except the following:
17.56.190 (6.26).F Maximum Number of Short Term Rentals
17.56.190 (6.26).G Location
17.56.190 (6.26).H One STR License Per Owner
17.56.190 (6.26).M.14 Minimum Activity
17.56.190 (6.26).L Resident STR Licenses
Resident STR Licenses only allow STR use up to 59 nights per year. Resident STRs are subject to all the provisions of this ordinance (section) except the following:
17.56.190 (6.26).M.14 Minimum Activity
17.56.190 (6.26).M STR Standards
All STRs will be required to meet the following standards:
1. Transmittal of Rules and Good Neighbor Contract
Prior to rental of an STR, the Responsible Person shall be provided with a Good Neighbor Contract, consisting of a list of rules and responsibilities, in a form approved by the City Manager. The Responsible Person shall initial each rule indicating that they have read it and sign an acknowledgement that infractions will not be tolerated and if any rules are broken, occupants can be fined by the City, lose their security deposit and / or be evicted. In addition, the Property Manager STR owner or manager, or designated LCP, shall meet conduct a Meet and Greet at least one occupant on the day of their arrival in order to ensure that the rules are understood, and that the occupants have represented themselves correctly. A Good Neighbor Brochure, summarizing the Good Neighbor Contract shall be placed or posted in a clearly visible location within the STR.
2. Noise.
Occupants of STR properties and visitors shall not generate noise such that it would unreasonably interfere with the quiet use and enjoyment of any other residence or business in the area. Any noise occurring after 10:00 pm and before 7:00 am should be contained within the STR and shall not be able to be heard by or offend any adjacent neighbors. What is reasonable in terms of noise generated shall be determined under existing legal standards applicable to evaluating alleged nuisances, including any City noise standards or ordinances.
3. Number of Occupants.
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The maximum number of occupants allowed in an STR shall not exceed two persons per bedroom plus two people (e.g., a two-bedroom STR may have six occupants), less any residents, tenants, hosts or caretakers living onsite while it is rented. Except that in the UR Zone, on lots less than 10,000 sq. ft. in area, the maximum occupancy is two people per bedroom (e.g. a two bedroom STR in the UR zone may have four occupants). In the SR Zone, if the STR has a total floor area that exceeds 800 square feet per bedroom, then for each additional 500 square feet of floor area above this total, one additional occupant may be allowed, up to a maximum of two additional occupants. Where it can be determined based on the Humboldt County Division of Environmental Health permit or file information or an actual inspection of the system, the number of bedrooms will be based on the design capacity of the septic system.
4. Visitors.
The number of visitors to an STR shall be limited to not more than the allowable occupancy of the STR at any time. For example, if the maximum occupancy is 6, then no more than 6 visitors are allowed. Visitors are not allowed in the STR between 11 p.m. and 7 a.m. and shall not stay overnight on the premises. Regardless of the allowable occupancy, there shall be no more than 20 combined occupants and visitors on the premises at any time.
5. Guest Registry
The STR owner or mManager shall maintain an occupant and vehicle register for each tenancy of the STR. The register shall include the names, and vehicle license plate numbers for all occupants as well as the dates of the rental period. The guest registry must be available for City inspection upon request.
6. Off-Street Parking.
An STR must provide at least one off-street parking space for every two occupants allowed in the STR pursuant to Section 17.56.190 (6.26).M.3. The off-street parking space(s) shall be entirely on the STR property. STRs owners/managers shall not use public right-of-way (street) spaces to meet their required off-street parking needs.
Off-street parking spaces will not be located on the septic system unless it is designed and rated for traffic in a manner that will not compromise the functioning of the septic system. STRs that were previously granted a parking exception by the City may continue to operate under that exception as long as they maintain their STR license in good standing. Occupants will be required to utilize onsite parking prior to utilizing offsite and on-street parking as part of the rental contract but are not allowed to park onsite in undesignated parking spaces. Occupants and visitors shall be encouraged to not take up all of the available street parking of adjacent and nearby properties.
7. Water Use.
To prevent overloading of septic systems, each STR shall be operated in a manner to ensure that the occupancy and use of an STR shall not result in annual domestic p. 11 of 16
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water use greater than that associated with the non-STR use of the residence based on an average daily consumption of 150 gallons per bedroom (7,324 cubic feet per year per bedroom) with a 30% allowance for landscaping above the design flow.
Where it can be determined based on the Humboldt County Division of Environmental Health permit of file information or an actual inspection of the system, the number of bedrooms will be based on the design of the septic system.
Annual water use records will be kept on file along with the STR License and application materials to allow for verification that the STR water use did not exceed allowable volumes as described above.
If the City determines that the STR use has exceeded the appropriate average annual water usage, as described above, during the preceding year, the STR owner/mManager shall take constructive measures to reduce water use. Adaptive measures include, but are not limited to: (a) installing water conservation fixtures and appliances; (b) planting xerophytic landscaping; and/or (c) reducing the maximum occupancy of the STR.
8. Septic System.
Each STR’s owner or pProperty mManager must provide proof that the septic system for the structure in which the STR is located is functioning properly and in conformance with all federal, state, and local regulations. Information on the appropriate use of a septic system, in a form approved by the City, shall be posted in each kitchen and bathroom in the STR.
9. Appearance and Visibility.
The outside appearance of the STR structure shall not change the residential character of the structure by the use of colors, materials, lighting, or signage (except as allowed by Section 17.56.160 (6.16)). The STR shall not create any noise, glare, flashing lights, vibrations, or odors that are not commonly experienced in residential areas or that would unreasonably interfere with the quiet use and enjoyment of any other residence or business in the area.
10. Signs.
A single sign, legible from the property’s street frontage, and no greater than 3 square feet in size may be attached to the STR structure or placed immediately adjacent to the front of the STR structure. The purpose of the sign is to notify the public that the structure is or contains an STR. The sign must provide the 24-hour Contact Phone Number for complaints, and a business telephone number for persons seeking information on the STR. The signage shall comply with all applicable standards of the Zoning Ordinance’s sign regulations.
11. Trash.
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Trash and refuse shall not be left stored within public view, except in proper containers for the purposes of collection. There shall be no accumulation or storage of trash and / or debris on the site or within the STR.
12. Traffic.
Vehicles used and traffic generated by the STR shall not exceed normal residential levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area. What is reasonable in terms of traffic generated shall be determined under existing legal standards applicable to evaluating alleged nuisances.
13. Tenancy.
The rental of an STR shall not be for less than two successive nights.
14. Minimum Activity.
A Full-time STR shall be rented for a minimum of 60 nights per year in order to maintain an STR License. If the STR owner / mManager fails to document rentals of at least 60 nights per year, the City Manager may determine that license is inactive and ineligible for renewal.
15. Emergency Preparedness.
Information regarding local hazards, such as earthquakes and ocean related hazards, in a form approved by the City, shall be posted within the vacation rental in an easily seen location, such as the entry or kitchen area. In particular, information regarding regular testing of the tsunami siren, the Volunteer Fire Department siren and real emergencies shall be included.
17.56.190 (6.26).N Tourist Occupancy Tax.
The letting, leasing, or other contractual use of an STR is subject to a Tourist Occupancy Tax (“TOT”) and any other mandated taxes. Each STR owner and/or mManager shall meet all of the requirements of the City with respect to registration of TOT collectors, and the collection, recordkeeping, reporting and remittances of applicable TOT.
17.56.190 (6.26).O Audit & Inspection
Each owner and Property Mmanager or representative of any owner shall provide access to each STR for inspection and any records related to the use and occupancy of the STR to the City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this Section are being fulfilled.
17.56.190 (6.26).P Dispute Resolution.
By accepting a STR License, STR owners agree to act in good faith to resolve disputes with neighbors arising from the use of a dwelling as a STR, including engaging in mediation, at owners’ expense. Unless an alternative dispute resolution entity is agreed p. 13 of 16
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to by all parties involved, dispute resolution should be conducted through Humboldt Mediation Services.
17.56.190 (6.26).Q Administrative Standards and Rules
The City Manager shall have the authority to establish administrative rules and regulations consistent with the provisions of this Section for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Section. In particular, the City Manager will establish administrative procedures for complaints. A copy of such administrative rules and regulations shall be on file in the Office of the City Clerk and posted on the City’s website.
17.56.190 (6.26).L Violations
1. Penalty
It is unlawful to violate the provisions of this Section. Violations of this Section are punishable as either infractions or misdemeanors, pursuant to the provisions of Section 17.76.050 (7.20) of the Zoning Ordinance. Each separate day in which a violation exists may be considered a separate violation. The City of Trinidad can also enforce these STR regulations by way of nuisance abatement action pursuant to Chapter 8.12 of the Municipal Code. Enforcement by way of a nuisance action shall be discretionary and shall only occur upon a lawful vote of the Trinidad City Council to prosecute the matter as a civil nuisance action.
2. Fines
(a) The City Manager shall be authorized to impose administrative penalties for the violation of any provision of this section or ordinance in an amount not to exceed a maximum of $1000 per day for each continuing violation, except that the total administrative penalty shall not exceed $100,000 exclusive of administrative costs, interest and restitution for compliance re-inspections, for any related series of violations.
(b) In determining the amount of the administrative penalty, the City Manager may take any or all of the following factors into consideration:
(i) The duration of the violation;
(ii) The frequency, recurrence and number of violations, related or unrelated, by the same violator;
(iii) The seriousness of the violation;
(iv) The effect the violation may have upon adjoining properties; (v) The good faith efforts of the violator to come into compliance; (vi) The economic impact of the penalty on the violator; and/or (vii) The impact of the violation on the community.
(c) In most cases, initial fines will start at $200, with higher amounts reserved for exceptional situations like, repeated violations, failures to promptly correct violations, or deliberate violations of this Section.
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(d) Occupants shall be fined if they do not rectify the situation within 30 minutes after being contacted by the Local Contact Person. Fines for violations by STR occupants shall be paid to the City by the Property Manager.
3. Property Watch List
Upon a determination of good cause including but not limited to one or more significant violations, the City Manager may impose additional or special standards or requirements for (1) the determination or placement of properties on the Property Watch List; (2) placement or imposition of special conditions or performance standards for Owners, Owner’s Agents, Local Contact Persons, and their affected STRs on the Property Watch List; and (3) and removal of an STR from the Property Watch List.
4. Revocation
If the STR owner or pProperty mManager is deemed by the City Manager to be negligent in responding to a complaint more than two times in a 12-month period, or if more than two documented, significant violations, defined below, occur in any 12-month period, the STR License may be revoked. No revocation shall occur unless decided by a lawful majority vote of the Trinidad City Council and after written notice, served by first class mail, of at least 21 days was given to the owner of record and the Local Contact Person as set forth in the STR application. Revocation may be temporary or permanent depending on the nature and number of the violations.
5. Appeals
Appeals of City Manager determinations or decisions regarding violations, penalties and fines shall be appealable per section 17.72.100 (7.14) except that such determinations and decisions are not appealable to the Coastal Commission because they do not constitute a Coastal Development Permit. Notwithstanding section
17.72.100.D (7.14.D), fees for appeals of violation and penalty decisions shall be set by resolution of the City Council.
6. Significant ViolationsComplaints
Complaint as used in this subsection means the need or requirement to contact the Local Contact Person to rectify a situation that is disturbing to a neighbor or resident. Complaints, and their resolution, must be reported to the City Clerk’s office by the Local Contact Person within two business days of being received; failure to do so is a violation of this ordinance.
7. Significant Violations
As used in this subsection, significant violation is a situation where the Local Contact Person is either unable to unwilling to rectify the situation within 30 minutes, and / or when public safety personnel must be called to assist in resolving the situation, or that causes substantial disturbance to the neighbors or neighborhood.
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Examples of significant violations include, but are not limited to:
(i) Failure of the local contact person, owner or manager Local Contact Person to respond to a complaint within 30 minutes.
(ii) The inability of City staff or the Sheriff’s Dispatch to reach a contact person. (iii) Failure of the Local Contact Person to report two or more complaints to the City.
(iv) Failure to maintain or provide the required guest registry. (iv) Violation of the STR maximum occupancy, parking, noise and other requirements as set forth in Section 17.56.190.H (6.26.H). (vi) Failure to notify City staff when the contact person or contact information changes.
(vii) Failure to pay fees or TOT in accordance with this Section. (viii) Providing false or misleading information on an STR License application or other documentation as required by this Section.
(viiix) Violations of state or County, or City health regulations (ix) Repeated minor violations and / or complaints
Examples of acceptable documentation of significant violations include, but are not limited to:
(i) Copies of citations, written warnings or other documentation filed by law enforcement.
(ii) City file information.
(iii) Advertisements for the STR
(iv) Signed affidavits and / or photographic evidence from neighbors or other witnesses
(v) Other documents which substantiate allegations of significant violations.
The City Manager shall have the authority to determine what constitutes a significant violation, as necessary, to achieve the objectives of this Section. A list of all such additional significant violations shall be maintained and on file in the office of the City Clerk and such offices as the City Manager designates.
7. False Reports and Complaints
It is unlawful to make a false report to law enforcement or City officials regarding activities associated with short term rentals.
17.56.190 (6.26).S Ordinance Review
This ordinance shall be reviewed by the Planning Commission within two years after its certification, and periodically thereafter, to ensure that it is meeting the needs of the community.
17.56.190 (6.26).T Severability
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Should any subsection or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.
PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday March 8, 2022, by the following vote:
First Reading of Ordinance 2022-02: Tuesday March 8, 2022 Second Reading of Ordinance 2022-01:
AYES:
NOES:
ABSTAIN:
Attest:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
DISCUSSION AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. Continued Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings
DISCUSSION AGENDA ITEM
Tuesday, April 12, 2022
Item: Continued Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings
At the regular meeting held on March 08, Council expressed unanimous support to return to live meetings held in a ‘hybrid’ format, integrating virtual participation into a live setting. Council also aimed for a soft-target of May to test whatever system is selected. Staff was directed to gather information on various options and return in April with findings.
Several local government examples are listed below:
City of Blue Lake March 24, 2022 Council meeting
During Agenda Item 4 – Reaffirm Virtual Meeting Findings (3 minutes into the meeting), the Mayor states they are testing a hybrid meeting setting with the Council in person but with the public participating by zoom. They discuss logistics of how bringing the general public into the meeting room, and the technology needed to support it.
It appears that there is a single laptop capturing as much of the Council as possible, and possibly a TV screen off camera that allows the Council to see Zoom participants. https://archive.org/details/ahca-Blue_Lake_City_Council_Meeting_of_2022-03-22 City of Rio Dell, April 05, 2022 Council Meeting
It appears that there are 2 Meeting Owls (approximately $3,000) working together by Bluetooth, and there is a specific procedure in place for managing public participation. There are at least 2 60” flat screen televisions used in sync, mounted and hard-wired to the Council chamber walls, and staff members are coordinating the display.
The video and audio quality is ok, but the Owls seem to be getting the job done. However, if the Owl isn’t focused on the speaker, it can be difficult to hear the audio. Their room is similar to the Town Hall acoustically.
Approximately 20 minutes and 40 seconds into the meeting, a member of the public says that the meeting audio wasn’t transmitting to the online participants. Unclear whether that was user error because it seems to be audible through the Access Humboldt recording.
Another thing to note is that the Council appears to be shielded from the public with plexiglass. https://archive.org/details/ahca-Rio_Dell_City_Council_Meeting_4_5_2022 City of Ferndale, April 05, 2022 Council Meeting
According to the meeting agenda, the City of Ferndale held their most recent meeting via Zoom:
https://ci.ferndale.ca.us/wp/city-council-packets/220405-CouncilPacket.pdf City of Arcata, April 06, 2022 Special Council Meeting
Bigger city, bigger budget, hard wired technology with fixed locations, and technical support team conduct the various dimensions of a well-produced meeting (video, audio, remote participants, presentation materials, etc.). http://arcataca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3391 McKinleyville Community Services District, January 05, 2022 Meeting MCSD has been holding hybrid meetings since July, continuously, from Azalea Hall. They are fortunate to have Joey Blaine on staff. Prior to working for MCSD Joey was a professional sound consultant the City employed to assist with the City meeting audio equipment. MCSD not only found a way to host hybrid meetings for $500 or less, they have many months of experience doing it.
https://www.youtube.com/watch?v=yD0ZHZ7aWyc
Joey offered to find out if MCSD General Manager would allow him to bring his set up to Town Hall for a test run to determine if the system will work for Trinidad. We are waiting to hear back.
NEXT STEPS:
Improve Wi-Fi strength: Town Hall wi-fi network must be improved as the technology deployed will likely be wireless. The current wi-fi signal is based out of the front office and does not reach the Hall with full bandwidth.
A strong signal will be the backbone of any virtual integration method selected.
Be realistic and understand our limitations: An argument can easily be made that encouraging and increasing public participation is priceless. That being the case, finding a solution for Trinidad (population 340, and coveted by many more) that is budget conscious and efficiently implemented without compromising the quality of the live meeting is key.
Develop ground rules: Other agencies encountered situations where technology hiccups interrupted the virtual side of the meeting leaving participants frustrated crying foul. MCSD developed a disclaimer on their public notices alerting virtual participants that the quality of Zoom cannot be guaranteed, recommending live attendance if they wish to provide input on an agenda item.
Consider mask/no mask/vaccination precautions/policy for in-person attendance: According to the Rio Dell April 05, 2022 meeting agenda, they have a brief 2-sentence policy regarding masking. How it is implemented is unclear.
Develop priorities and select the technology: Successful virtual participation will rely on several things including good lighting, clear audio, and seamless coordination. Investing in a healthier wireless internet system, purchasing new projector, and accepting MCSD’s offer (if approved) to bring their system components to the Town Hall for a try out seems like the most feasible route at this time.
A quick survey of other cities around the State show that Council and Planning Commission meetings are held via hybrid setting, but Committee meetings remain virtual only. Staff recommends keeping Committee/Advisory meetings virtual, but staying consistent with Council and Planning Commission meetings.
Action Requested: Unless the Council directs Staff to fast-track implementation for the May meeting, no specific action is requested. Staff will continue to prioritize the goal of introducing a hybrid meeting format as soon as possible without compromising other tasks of critical importance such as the upcoming budget and election deadlines.
In the meantime the Council could consider the following interim, alternate options;
1. Stay with virtual meetings until the hybrid system is implemented.
2. Go straight to live Council and PC meetings exclusively, and work to merge the virtual element as we go.
Attachments:
- Ferndale 04-05-2022 Agenda
- MCSD 04-06-2022 Agenda
- Rio Dell 04-05-2022 Agenda
CITY OF FERNDALE – HUMBOLDT COUNTY CALIFORNIA – U.S.A.
AGENDA – STUDY SESSION
Location: City Hall
VIA ZOOM
Date: April 5, 2022
Time: 10:00 am
Posted: March 31, 2022
This meeting is being held in accordance with the Brown Act as currently in effect under the State Emergency Services Act, the Governor’s Emergency Declaration related to COVID-19, and the Governor’s Executive Order N-29-20 issued on March 17, 2020 that allows attendance by members of the City Council, City staff, and the public by teleconference, videoconference, or both.
We are strongly recommending that comments for this meeting be submitted prior to the meeting. Comments should be submitted to [email protected] by 4:00pm on Monday, April 4, 2022, please be sure to put “Study Session Comment “in the subject line. All comments received by 4pm will be read into the record (limit to 5 minutes) during the regular meeting. To provide public comment during the meeting, you will need to join the Zoom meeting.
Join Zoom Meeting
https://us02web.zoom.us/j/86380565118?pwd=MlA5Vk0xcFhEUGk1dm12UzZDL1F6UT09 Or go to Zoom.us and input the following info when prompted:
Meeting ID: 863 8056 5118
Passcode: 340753
You may also dial in using your telephone by using either number: (Use *6 to mute and unmute) +1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
Meeting ID: 863 8056 5118
Passcode: 340753
1. CALL STUDY SESSION TO ORDER – Mayor
2. REVIEW & DISCUSS
a. Per Capita Grant Funding Project Recommendations
3. ADJOURN STUDY SESSION
This notice is posted in compliance with Government Code §54954.2.
The next Regular Meeting of the Ferndale City Council will be held on April 20, 2022 at 7:00 pm.
April 5, 2022
_______________________________________________________________
CITY COUNCIL STUDY SESSION
_______________________________________________________________ 1 ________________________________________________________________ Mission statement of McKinleyville Community Services District:
“Provide McKinleyville with safe and reliable water, wastewater, lighting, open space, parks and recreation, library services, and other appropriate services for an urban community in an environmentally and fiscally responsible manner.”
NOTICE IS HEREBY GIVEN THAT A REGULAR MEETING OF THE
MCKINLEYVILLE COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS
WILL BE HELD
WEDNESDAY, April 6, 2022 AT 7:00pm
LOCATION: AZALEA HALL
1620 Pickett Road
McKinleyville, California
Or
TELECONFERENCE Via ZOOM & TELEPHONE:
Use ZOOM MEETING ID: 859 4543 6653 (https://us02web.zoom.us/j/85945436653) or DIAL IN TOLL FREE: 1-888-788-0099 (No Password Required!)
To participate in person, please come to Azalea Hall. Masks will be required To participate by teleconference, please use the toll free number listed above, or join through the internet at the Zoom App with weblink and ID number listed above, or the public may submit written comments to the Board Secretary at: [email protected] up until 4:30 p.m. on Tuesday, April 5, 2022.
All Public Comment received before the above deadline will be provided to the Board at 9 a.m. on Wednesday, April 6 website for public viewing.
Please note that, due to potential technical difficulties, the quality of the Zoom meeting cannot be guaranteed. If you have public input to provide on an agenda item, it is recommended you attend in person at Azalea Hall or submit written comments as outlined above.
___________________________________________________________________ ___________________________________________________________________ AGENDA
7:00 p.m.
A. CALL TO ORDER
A.1 Roll Call
A.2 Pledge of Allegiance
A.3 Additions to the Agenda
Items may be added to the Agenda in accordance with Section 54954.2(b)(2) of the Government Code (Brown Act), upon a determination by two-thirds vote of the members of the legislative body present at the time of the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the McKinleyville Community Services District after the Agenda was posted.
A.4 Approval of the Agenda
A.5 Closed Session Discussion
At any time during the regular session, the Board may adjourn to closed session to consider existing or anticipated litigation, liability claims, real property negotiations, license and permit determinations, threats to security, public employee appointments, personnel matters, evaluations and discipline, labor negotiations, or to discuss with legal counsel matters within the attorney-client privilege.
NO CLOSED SESSION SCHEDULED
B. PUBLIC HEARINGS
These are items of a Quasi-Judicial or Legislative nature. Public comments relevant to these proceedings are invited.
NO PUBLIC HEARING SCHEDULED
C. PUBLIC COMMENT AND WRITTEN COMMUNICATIONS
Any person may address the Board at this time upon any subject not identified on this Agenda but within the jurisdiction of the McKinleyville Community Services District; however, any matter that requires action will be referred to staff for a report of action at a subsequent Committee or Board meeting. As to matters on the Agenda, an opportunity will be given to address the Board when the matter is considered. Comments are limited to 3 minutes. Letters should be used for complex issues.
D. CONSENT CALENDAR
Consent Calendar items are expected to be routine and non-controversial, to be acted upon by the Board of Directors at one time without discussion. If any Board member, staff member, or interested person requests that an item be removed from the Consent Calendar, it shall be removed so that it may be acted upon separately.
D.1 Consider Approval of the Minutes of the Board of Directors Attachment 1 – Draft Minutes from March 2, 2022
Attachment 2 – Draft Minutes from March 15, 2022
D.2 Consider Approval of February 2022 Treasurer’s Report D.3 Compliance with State Double Check Valve (DCV) Law
D.4 Reaffirm Resolution 2021-27 Making Findings Pursuant to Government Code Section 5493, as Amended by Assembly Bill 361, and Authorizing the Continued Use of Virtual Meetings
Attachment 1 – Approved Resolution 2021-27
D.5 Consider Attendance at the 2022 Association of California Water Authorities (ACWA) Spring Conference and Exhibition in Sacramento, CA on May 3-5, 2022 Attachment 1 – Preliminary Conference Schedule
Attachment 2 – Pricing Sheet
E. CONTINUED AND NEW BUSINESS
E.1 Introduction and Welcome of Nicole Alvarado, New District Finance Director (Information)
Attachment 1 – Nicole Alvarado’s Resume
E.2 Consider Adoption of Resolution 2022-09 Recognizing, Honoring, and Commending Joseph Blaine for Ten (10) Years of Service (Action)
Attachment 1 – Resolution 2022-09
E.3 Consider Adoption of Resolution 2022-08 Recognizing, Honoring, and Commending Colleen M.R. Trask for Ten (10) Years of Service (Action) Attachment 1 – Resolution 2022-08
E.4 Employee Negotiations Regarding Proposed Three (3) Year Compensation Contract with District Employees (Action)
Attachment 1 – Memo from Negotiations Committee to the Board E.5 Consider Second Reading and Adoption of Ordinance 2022-01 Amending Regulation 68: Latent Powers of Article VI: General Provisions of the MCSD Rules and Regulations to Include Law Enforcement Collaboration (Action) Attachment 1: Ordinance 2022-01
E.6 Review Parks and General Fund DRAFT Operating Budget, FY 2022- 23 (Information)
Attachment 1 – FY 2022-23 DRAFT Parks/General Fund and Measure B Operating Budgets
E.7 Initiate Process for General Manager’s Performance Evaluation (Direction) Attachment 1 – Exhibit A of Board Policy Manual
Attachment 2 – Board of Director’s Evaluation Form GM
Attachment 3 – Department Head 360 Performance Evaluation of GM
E.8 Consider Adoption of Resolution 2022-10 Opposing Initiative 21-0042A1 (Action) Attachment 1 – Resolution 2022-10
Attachment 2 – Initiative 21-0042A1 Text
E.9 Consider Adopting Resolutions 2022-11 & 2022-12 Initiating Proceedings for the Measure B Maintenance Assessment District – Renewal for Parks, Open Space, and Recreational Facilities Annual Levy and Collection of Assessments for Fiscal Year 2022/2023; Declaring Intention to Levy and Collect the Fiscal Year 2022/2023 Annual Assessments for the Measure B Maintenance Assessment District -- Renewal for Parks, Open Space, and Recreational Facilities, Accepting and Approving the Engineer’s Report and
Setting the Public Hearing (Action)
Attachment 1 – Resolution 2022-11
Attachment 2 – Resolution 2022-12
Attachment 3 – Draft Annual Engineer’s Report for Fiscal Year 2022-2023
E.10 Consider support for the McKinleyville Municipal Advisory Committee through the use of Azalea Hall and MCSD’s Hybrid Hardware & Staff for their Board Meetings (Action)
F. REPORTS
No specific action is required on these items, but the Board may discuss any particular item as required.
F.1 ACTIVE COMMITTEE REPORTS
a. Parks and Recreation Committee (Binder/Clark-Peterson) b. Area Fund (John Kulstad/Clark-Peterson)
c. Redwood Region Economic Development Commission (Clark-Peterson/Binder) d. McKinleyville Senior Center Board Liaison (Binder/Clark-Peterson) e. Audit (Orsini/Couch)
f. Employee Negotiations (Couch/Mayo)
g. McKinleyville Municipal Advisory Committee (Orsini/Binder) h. Humboldt Local Agency Formation Commission (Couch)
i. Environmental Matters Committee (Couch/Clark-Peterson) j. AdHoc Committee – Community Forest (Mayo/Orsini)
F.2 LEGISLATIVE AND REGULATORY REPORTS
F.3 STAFF REPORTS
a. Support Services Department (Colleen M.R. Trask)
b. Operations Department (James Henry)
c. Parks & Recreation Department (Lesley Frisbee)
d. General Manager (Pat Kaspari)
Attachment 1 – WWMF Monthly Self-Monitoring Report
F.4 PRESIDENT’S REPORT
F.5 BOARD MEMBER COMMENTS, ANNOUNCEMENTS, REPORTS AND AGENDA
ITEMS REQUESTS
G. ADJOURNMENT
Posted 5:00 pm on April 1, 2022
Pursuant to California Government Code Section 54957.5. this agenda and complete Board packet are available for public inspection on the web at McKinleyvillecsd.com/minutes or upon request at the MCSD office, 1656 Sutter Road, McKinleyville. A complete packet is also available for viewing at the McKinleyville Library at 1606 Pickett Road, McKinleyville. If you would like to receive the complete packet via email, free of charge, contact the Board Secretary at (707)839-3251 to be added to the mailing list.
McKinleyville Community Services District will, on request, make agendas available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Individuals who need this agenda in an alternative format or who need a disability-related modification or accommodation in order to participate in the meeting should contact the Board Secretary at (707) 839-3251. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements for accommodations.
DISCUSSION AGENDA ITEM 6
SUPPORTING DOCUMENTATION ATTACHED
6. Discussion/Decision regarding Appointment to Fill the Vacancy on the Trinidad Planning Commission.
DISCUSSION AGENDA ITEM
Tuesday, April 12, 2022
Item: Planning Commission Vacancies
Background: The Planning Commission has been operating with 4 commissioners since Cheryl Kelly was appointed to the Council in December 2021. Planning Commissioner terms last 4- years, and appointments are made by the City Council.
The vacant seat expires in December 2022. Two other seats expire in December 2022 as well.
They are currently held by Commissioners Johnson and Hakenen.
The current commissioners are:
Tom Hopkins Trinidad area Resident Term expires December 2024 Diane Stockness City resident Term expires December 2024 Richard Johnson Trinidad area resident Term expires December 2022 Aaron Hakenen City Resident Term expires December 2022
VACANT City Resident Term expires December 2022
Trinidad Municipal allows the Planning Commission to include up to (2) Commissioners that live outside the city limits if no qualified City residents apply.
With no term limits specified in the Trinidad Municipal Code for Planning Commissioners, current Commissioners are welcome to reapply.
The City received a letter of interest from Berry Road resident (within city limits) Tristan Cole to fill the vacant seat through 2022.
Recommended Action: Review candidate performance and/or eligibility, make appointment as desired, or direct staff to continue the recruitment process.
Attachments: Letter of Interest - Cole
TRISTAN KENNEDY COLE
117 Berry Road • P.O. Box 405 • Trinidad, CA 95570 • (707) 363-9520 • [email protected] April 5, 2022
Trinidad City Clerk
409 Trinity Street
Trinidad, CA 95570
Application for City Planning Commissioner
Gabe:
It has been brought to my attention that the city is in need of an additional member of the planning commission. I am not fully up to date with the status of the commission, but if I am correct that another commissioner is needed, I would like to fill that role.
I recognize the commission to be crucial in the functioning of our city government, and while I do not fully know the extent of the commission’s purview and jurisdiction, I am generally familiar with its purpose and intent. I believe I am fully capable of serving on the commission and can add valuable insight, discussion and opinion to the commission’s proceedings.
I am a three-year resident and homeowner in the City of Trinidad. Please let me know if you or the commissioners would like any further information regarding my background or qualifications. Additionally, please let me know if the city accepts my application, and how to move forward from here.
Thank you,
Tristan Cole
DISCUSSION AGENDA ITEM 7
SUPPORTING DOCUMENTATION ATTACHED
7. Discussion/Decision regarding Appointment to Fill the Vacancy on the Short-Term Rental Advisory Committee
CONSENT AGENDA ITEM
Tuesday, April 12, 2022
Item: Discussion/Decision regarding Appointment to Fill the Vacancy on the Short-Term Rental Advisory Committee.
Background: The City of Trinidad received a letter of resignation from STR Committee Member Dorothy Cox, effective 12/16/19. Ms. Cox represented the resident/or public position on the committee, therefore the vacancy to be filled must be from someone that lives inside the city limits and has no direct tie to the STR industry. The position has been vacant since.
The current committee members are:
Diane Stockness Planning Commission Liaison
VACANT City/General Public Representative
Dick Bruce City/General Public Representative
Jan Nash-Hunt STR Owner
Joe Moran STR Manager
The City Manager, or his/her designee, serves as primary staff liaison to the STR Committee.
The primary role of the STR Committee is to advise and provide recommendations to the City Council, staff, and Planning Commission on matters relating to Short Term Rentals in the City of Trinidad. The recruitment flyer and Resolution creating the STR Committee is attached for reference.
The City received a letter of interest to fill the vacant seat from Scenic Drive (in-City limits) homeowner Dan Henry. Upon review of the qualifications required to serve as a City/General Public Representative, he meets the criteria.
Recommended Action: Consider the letter of interest from Mr. Henry, make the appointment, or request staff to continue the recruitment process.
Attachments: Letter of Interest
Vacancy Posting
STR Advisory Committee Resolution
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Subject: FW: Short Term Rental Advisory Committee
From: [email protected]
Date: Fri, Apr 08, 2022 10:59 am
To: "'Gabriel Adams'" <[email protected]>
Gabe:
For the agenda packet.
Eli
From: Dan Henry <[email protected]>
Sent: Sunday, March 6, 2022 11:39 PM
To: [email protected]
Subject: Short Term Rental Advisory Committee
Hi Eli,
Per our discussion on Friday, I want to express interest in serving on the Short Term Rental Advisory Committee for the City of Trinidad.
My wife and I live primarily in Chico and part time at our home at 80 Scenic Drive, Trinidad and plan to retire and live there full time within the next 3 years. We previously rented our home as a STR through Trinidad Retreats from July 2012 until September 2020.
Hopefully experiences as a former STR owner and our love for the community of Trinidad and Humboldt County would bring some balanced insight as a committee member.
My professional background has been in real estate in Butte County since 2001 working for Coldwell Banker C&C Properties.
Prior to that in agriculture and AG processing management from 1979 to 2000.
During my real estate and AG management career I obtained certifications in mediation and negotiation.
Outside of work I volunteer alongside my wife Connie, who started and maintains a local non-profit organization for our local (Chico) National Guard Family Assistance.
From 2002-2013 served as varsity head football coach for Champion Christian High school, Chico and Durham High School.
We love Trinidad and the north coast and look forward to Trinidad being our full time home in the near future. It is our desire and hope to actively serve the community of Trinidad wherever needed.
Thank you very much for your consideration.
Sincerely,
Dan
Daniel Henry
530. 519. 5360
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530. 872. 5415
[email protected]
TRINIDAD CITY HALL Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
SHORT-TERM RENTAL ADVISORY COMMITTEE
MEMBER OF THE PUBLIC – CITY REPRESENTATIVE NEEDED
The City of Trinidad is searching for a volunteer to fill a vacancy on the Short-Term Rental Committee to serve in an advisory capacity to the Council, Commissions, or City Staff as appropriate, on all matters concerning Short-Term Rentals (or STRs) in the City limits.
Purpose of the Advisory Group: The purpose of the Committee is to evaluate the Ordinance for its effectiveness relating to permitting, implementation, or conflict resolution, and analyze conflicts or problems with parking, noise, overoccupancy, gatherings, etc. that have been identified in the Ordinance, and assist the Council in resolving or making recommendations on such matters. Guidance and oversight will be provided by the City Manager.
Objectives of the Committee: 1) provide a public forum at the end of the busy tourist season to solicit input from the community on issues or successes related to the implementation of the short-term rental regulations, 2) assist the City Manager in evaluating formal complaints received throughout the calendar year, 3) make balanced and informed recommendations to the City Council on ways to improve the Ordinance, or share ways in which the policies and procedures are being successfully implemented, and 4) report to the Council annually on the Committee meetings, activity, and recommendations.
MINIMUM QUALIFICATIONS:
• The position open was left vacant by a member of the public with no affiliation to the STR Industry (owner or manager)
• Must reside within the City of Trinidad limits.
COMMITTEE COMPOSITION & MEETINGS:
MEETING DATES: The STR Committee will meet regularly on a quarterly basis, with one meeting being held in the fall in conjunction with the end of the busy tourist season. Additional special meetings may be added to the quarterly schedule, subject to the availability of all Committee members. Special meetings must be reviewed and approved by the City Manager or City Council.
• (1) Planning Commissioner
• (2) members of the public who are not directly affiliated with an STR • (2) members of the public who are either STR owners or property managers The City Manager or his/her designee will serve as the primary City staff liaison between the Advisory Group and the Council
Interested residents living within the City limits may send a letter of interest to the City Clerk at:
City of Trinidad, PO Box 390, Trinidad, CA 95570, or by email to: [email protected] , or delivered in person to the Town Hall at 409 Trinity Street.
In this letter, please discuss why you want to serve on the Advisory Group, what your understanding and/or familiarity is with the STR ordinance, and how you see yourself working with a group of people who potentially have different and sometimes very opposing points of view.
Deadline is Thursday, February 06, 2:00pm – OR UNTIL THE POSITION IS FILLED.
Mail to: City of Trinidad, P.O. Box 390, Trinidad, CA, 95570 Deliver to: 409 Trinity Street, Trinidad, CA 95570
Email to: [email protected]
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION 2019 - 07
A RESOLUTION AUTHORIZING THE SHORT-TERM RENTAL (STR) ADVISORY COMMITTEE WHEREAS, the City has an obligation to protect the village atmosphere for the citizens of Trinidad, to provide opportunity for STR residences, and enhance the positive experience of tourists; and WHEREAS, STR owners and managers have an obligation to manage their property in a manner consistent with the residential neighborhood character, and therefore over the years the City developed a STR Ordinance to define the policies and procedures that regulate the STR residences in Trinidad; and WHEREAS, the Council established the Short-Term Rental Advisory Committee in January 2019 to bring members with various viewpoints together to engage in dialog, facilitate public involvement in the STR process, and to make recommendations to the Council on various topics identified below; and NOW, THEREFORE BE IT RESOLVED, the Trinidad City Council hereby adopts a Short-Term Rental Advisory Committee to hold public meetings in accordance with the Brown Act, and to operate within the framework as follows:
1. PURPOSE: The purpose of the Committee is 1) to evaluate the Ordinance for its effectiveness relating to permitting and implementation, 2) analyze benefits to visitors, 2) analyze impacts to residents such as parking, noise, over-occupancy, gatherings, etc. that have been identified in the Ordinance, and 3) assist the Council in resolving or making recommendations on such matters.
Guidance and oversight will be provided by the City Manager.
2. OBJECTIVES: Committee objectives include; 1) provide a public forum at the end of the busy tourist season to solicit input from the community on issues or successes related to the implementation of the short-term rental regulations, 2) assist the City Manager in evaluating formal complaints received throughout the calendar year, 3) make balanced and informed recommendations to the City Council on ways to improve the Ordinance, or share ways in which the policies and procedures are being successfully implemented, and 4) report to the Council annually on the Committee meetings, activity, and recommendations.
3. COMMITTEE MEMBERSHIP: The STR Committee will consist of two members of the Trinidad community who are not STR owners or STR business representatives, two members of the Trinidad community who are STR owners or business representatives. These 4 members will be appointed by the City Council in open session based on letters of interest and public interviews. Preference will be given to applicants that live inside the City limits, but when necessary the Council may choose to have up to 1 member that resides outside the City limits. One member of the Planning Commission will be recommended by the Commission and appointed by the City Council. The committee members shall vote and select one of their own to serve as the committee Chairperson.
4. TERMS OF OFFICE: All members will hold two-year terms. Committee members serve at the pleasure of the City Council and may be removed from office by a majority vote of the Council.
5. MEETING DATES: The STR Committee will meet regularly on a quarterly basis, with one meeting being held in the fall in conjunction with the end of the busy tourist season. Additional special meetings may be added to the quarterly schedule, subject to the availability of all Committee members. Special meetings must be reviewed and approved by the City Manager or City Council.
6. STAFF ASSISTANCE: City Staff will provide agenda preparation, notification, and outreach assistance to the Committee. The STR Committee may choose a member of the Committee to record the meeting minutes, or request to have a City Staff member to provide the service.
7. ETHICS CODE: All members shall review, accept, and conduct themselves in a manner consistent with the values promoted in the City of Trinidad’s Code of Ethics.
PASSED, APPROVED AND ADOPTED this 10th day of April, 2019 by the following vote:
AYES: West, Miller, Ladwig
NOES: Davies
ABSTAIN: None
ABSENT: None
ATTEST:
___________________________ ________________________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
DISCUSSION AGENDA ITEM 8
SUPPORTING DOCUMENTATION ATTACHED
8. Discussion/Decision regarding Councilmember Committee Assignments.
Committee Assignments: As of January 11, 2022.
COMMITTEE REP ALT
Humboldt Waste Management Authority HWMA (on hold) Kelly West Humboldt County Association of Governments HCAOG West Davies Tsurai Management Plan Implementation Committee West No Alt.
Redwood Regional Economic Development Corp. RREDC Ladwig Grover HTA Humboldt Transit Authority HTA Ladwig West
Redwood Coast Energy Authority RCEA Grover West
CCNM Trinidad Gateway Committee Kelly Ladwig
Humboldt County Convention & Visitors Bureau HCCVB. Kelly Office of Emergency Services OES Grover Ladwig
Hazardous Materials Response Authority HMRA Grover West Indian Gaming Benefit Committee (inactive) Kelly West
Humboldt Mayors Committee Ladwig West
Tribal Government Liaison – (Trinidad Rancheria/Yurok Tribe) Ladwig West League of CA Cities Naffah Grover
Trinidad Trails Committee Davies West
Water Advisory Committee Kelly Grover