MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, APRIL 12, 2022 (ZOOM)
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 (23) participants were present online at the beginning of the meeting. lI. TELECONFERENCE MEETINGS
1. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
The Council unanimously reaffirmed Resolution 2021-12 by consensus.
Ill. PLEDGE OF ALLEGIANCE
IV. 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 34956.9: One potential case. Issue/transaction: Tourist Occupancy Tax Overpayment.
V. RECONVENE TO OPEN SESSION - No closed session.
VI. APPROVAL OF THE AGENDA
Motion (Grover/West) to approve the agenda as submitted. Passed unanimously.
VIl. APPROVAL OF MINUTES - 02/08/2022 cc, 03/08/2022 cc.
Motion (Grover/West) to approve both sets of minutes as submitted. Passed unanimously.
VIII.COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: HAOG Beth Burks will present tonight to discuss projects that will impact Trinidad. Trails Committee meeting next week.
Kelly: Watched the HWMA meeting recording. Organics recycling and CRV collection were two main discussion topics.
Grover: Attended the RCEA meeting. Recommend the public visit their website. Many programs that help residents use energy in their homes efficiently. Question regarding storm drain on Edwards Street being clogged. City Manager will address it at the construction meeting Wednesday.
Ladwig: Nothing to report. Thanked the City Manager for clarity regarding Stormwater construction project water shut-offs.
IX. STAFF REPORTS - City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet. Stormwater project construction is underway. Should be complete in early June. Verizon site in Westhaven is up and running. Unsure whether Trinidad Head site is still up and running. Asked for feedback from Verizon customers. Trinidad Chamber of Commerce recruited 7 new board members.
X. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Elaine Weinreb - Westhaven
Caltrans and the Trinidad Rancheria have started a development team meeting for the Rancheria interchange.
Concerned that Trinidad is not represented and suggest they get involved.
Anita Thompson - Trinidad
Becky Price-Hall has done a great job writing, submitting, and receiving grants on behalf of the City of Trinidad. 04-12-2022 City Council Meeting Minutes Page 1
Tristan Cole - Trinidad
eceived a bill Trom the City regarding a CDP had to apply for last year for trees I removed after-the-fac uring my hearing, a majority of time was spent discussing the code, but not specifics of my project. It didn seem like an appropriate use of our time, and hope the City will consider reducing or forgiving the bill.
Patti Fleschner - Trinidad
Read a letter submitted by email earlier this week regarding distribution of a portion of the total Tourist Occupancy Tax received each year to various public organizations. Nothing was received last year, but hopeful it will be distributed this year.
XI. CONSENT AGENDA
Staff Activity Report - March 2022
2. Financial Statements - February 2022
3. Law Enforcement Report - March 2022
Motion (West/Grover) to approve the consent agenda as submitted. Passed unanimously.
XI. 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.
Mayor Ladwig recused himself due to a conflict as an STR owner/operator.
City Manager Naffah explained that it was brought to our attention by the Trinidad Bay Bed & Breakfast that the recent Occupancy Tax increase wasn't approved properly. Although the City followed the ordinance, Proposition 218 adopted in 1996 requires tax increases to be submitted to the voters for approval. Therefore, the City rescinded the recent increase from 10%-12%, but also must return the tax rate to 8% since the increase from 8- 10% was done in 2011.
Questions brought forward by the STR community regarding payment extensions, refund protocols, and reservation timing were addressed in a response from the City Attorney. It is permissible to have a rate increase mechanism included in the Ordinance following Prop 218, but the incremental amount must be recited within. In the interim, the City should provide lodging operators guidance included in our memo.
Public comment included:
Jonna Kitchen - Trinidad Retreats
When our guests booked in November for a stay this coming June, the rent is paid in installments. Each booking platform has its own policy as well. It would be a lot simpler to honor the rate issued when the booking was made, then have the city hold the money and return it if the renter wants to collect it.
City Attorney Russ Gans recommends in the staff memo that the amount paid by the guest be remitted to the City which would be subject to refund should the guest request it.
Mike Morgan - Owner, Trinidad Bay Bed & Breakfast
I brought this to the city after receiving the tax increase letter in December. Constitutionally, any increase must be submitted to the voter during an election. Under penalty of fine, operators are required to keep an accurate accounting and remit taxes in a timely manner. We refused to increase our rate from 10-12%, but we are also concerned with the rate increasing from 8-10%. You are now telling us to remit what we collected, and that we should only be charging 8%. The City overcharged for a decade.
Paula Levine - Trinidad Area
The money has been paid. It's a nuisance to return the tax. Tally the over-collected amount and donate it to Ukraine.
Council comment included:
Grover: None of this happened while this Council was serving. We learn from our mistakes and will move forward in the right direction.
04-12-2022 City Council Meeting Minutes Page 2
Motion (Kelly/Grover) to Instruct staff to provide guidance as recited in the Staff report, adopt Resolution 2022-06; reducing the occupancy tax to 8% and direct staff to review and propose revisions to the occupancy tax ordinance for possible presentation to the City general electorate. Passed unanimously.
2. Discussion/Decision to Appoint Two (2) Councilmembers to an Ad-Hoc Committee for a Government-to- Government Meeting with the Yurok Tribe.
City Manager Naffah explained that the Yurok Tribe requested to have a meeting with 2 members of the City Council. City Attorney Gans explained that the G2G Consultation Policy adopted in 2021 permits participation in an ad-hoc committee to facilitate discussion of a specific subject. A request to meet has been submitted to the City. Staff recommendation is to appoint an ad-hoc committee, and hold an agendized, public meeting.
Council questions included:
Kelly: While serving on the Planning Commission, we were very concerned with receiving a letter from the tribe shortly before the decision made on the Memorial Lighthouse project. I'm in favor of the ad-hoc committee.
There was no public comment.
Motion (Kelly/Grover) to appoint Jack Tuttle and Cheryl Kelly to the ad-hoc committee. Passed unanimously.
3. Presentation from Humboldt County Association of Governments Executive Director Beth Burks regarding Current County Transportation Projects.
HAOG Executive Director Beth Burks shared her screen and presented regional transportation projects, programs, funding sources, core focus areas for 2022, and the opportunities made available directly to the City of Trinidad.
Council comments included:
Kelly: Is there a plan to improve pedestrian safety along the 101 through Eureka? Burks noted that yes, Caltrans is working on several safety enhancements to 4th and 5'h Streets.
West: HCAOG is a great organization and we're very happy with the work they do.
Grover: I appreciate you attending Trinidad's meeting and how effective JPA's are when they work together.
There was no public comment.
Presentation item only. No decision was made.
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.
Mayor Ladwig recused himself with a conflict as an STR owner/operator.
City Manager Naffah explained that the packet includes a summary from City Planner Trever Parker explaining that the Planning Commission recommends making no changes to the lottery system at this time, but to consider revisions during the next ordinance review period.
Puke organ - included Bay Bed & Breakfast
titled to quest informatic
Sherry Provolt - Trinidad Rental Home Owner
When will the Council review the ordinance next?... 2 years? City Manager Naffah explained that 2-years seems logical and prudent. Provolt suggested that be included in the motion so it can be tracked.
Council comments included:
04-12-2022 City Council Meeting Minutes Page 3
Kelly: Update from Cannon Beach. They have 3 types of STR's. Grandfathered in, 5-year limited lottery licenses, and 14-day rentals. Their lottery was very straight-forward. Each name was assigned a number.
Suggested giving each name a number for how many years they waited to reward those people on the wait list the longest.
Motion (Kelly/Grover) to waive the full reading of Ordinance 2022-02 and read by title only: 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), to Conduct a legal review of the ordinance before the second reading is held, and request a 2-year review cycle of the ordinance
5. Continued Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings.
City Clerk Adams explained that 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 were listed, with links to their meetings, in the staff report included in the packet.
Adams explained some of the next steps necessary to develop a plan and system for Trinidad:
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.
The Council may consider the following interim, 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.
Council comments included:
All members of the Council were grateful for the research, and methodical approach to opening live meetings ublic comment included
like Morgan - Trinidad Bay Bed & Breakfas
Covid isn't a concern anymore. Mask mandates are dropped and you guys are talking on Zoom still. I like option 2 to go straight to live Council and PC meetings and work to merge the virtual element as we go. Hybrid 04-12-2022 City Council Meeting Minutes Page 4
meetings are easy. Put a microphone and computer in front of the Clerk and go. Get back to live meetings and accommodate virtual meetings secondarily.
Diane Stockness - Planning Commission
I support Mike Morgan's comments.
Sherry Provolt - Yurok Tribal Council Representative
Will there be a vaccination requirement?
Patti Fleschner - Trinidad
Ready to get back to live meetings.
Paula Levine - Trinidad Area
Go with Public Health expert advice regarding masking, vaccinations, etc.
Council comments included:
Grover: Staff is on the right track. Having hybrid meetings integrated will help us switch back if needed. elly: Hybrid meetings will take a little time to sort out, but perhaps if we don't have a system implemented t une we get back to live meetings and build on that. Ladwig agree West: I want staff to be comfortable with the timeline, but hope for June or when we have a good system in City Clerk Adams stated appreciation for being given some flexibility to target June as the implementation date. If it were as easy as plugging a computer in and projecting the image on the screen, all cities would be on the same page right now. Also, the new employees have yet to participate in a live, Trinidad meeting and have a lot to learn in a short amount of time.
Discussion/Decision regarding Appointment to Fill the Vacancy on the Trinidad Planning Commission.
City Manager Naffah explained that the 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 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.
Review candidate performance and/or eligibility, make appointment as desired, or direct staff to continue the recruitment process.
council comments included
Kelly: I was on the Planning Commission while his application was being considered. I appreciated his evaluation and insight, and believe he would be a good addition to the Commission. 04-12-2022 City Council Meeting Minutes Page 5
Public comment included:
Mike Morgan - Trinidad Bay Bed & Breakfast
Thanks for volunteering.
Diane Stockness - Trinidad
Will you spend time getting to know the town, walking around and getting to know the people? Cole confirmed that yes, he's engaged and will continue to be.
Motion (Grover/West) to appoint Tristan Cole to the Planning Commission for the remainder of the 2022 vacancy. Passed unanimously.
7. Discussion/Decision regarding Appointment to Fill the Vacancy on the Short-Term Rental Advisory Committee.
Mayor Ladwig recused himself from this discussion due to his conflict as an STR owner/operator.
City Manager Naffah explained that 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.
Public comment included:
Mike Morgan - Trinidad Bay Bed & Breakfast.
I submitted a letter of interest that hasn't been acknowledged. It was submitted on February 28, 2022. I'm fully qualified.
Dan Henry - Trinidad/Chico
y wife and I have owned the home in Trinidad for many years, and we plan to retire and spend more tin ere in a few years am volunteering to serve on the Committee and will be a good listene Diane Stockness - Planning Commissioner/STR Committee member We need someone that lives here full-time. Henry's intentions are nice, but right now we need someone that lives here full-time and knows what's going on. I do not support his appointment at this time.
Sherry Provolt - Yurok Tribal Council Representative
Does the Resolution specify whether the resident should be full-time? If another resident submitted a letter of interest, was there a record of that submittal?
Council comments included:
Kelly: You're no longer renting your home as an STR? Henry confirmed that he stopped renting short term in 2020.
City Clerk Adams stated there is no clarification in the Resolution regarding full or part-time residency requirement for committee membership. Also, Mr. Morgan submitted a copy of the letter sent by the City to all residents looking for volunteers, with a hand-written note on the top corner that said "I volunteer". 04-12-2022 City Council Meeting Minutes Page 6
ity Manager Naffah suggested that if we table this item, the invitation to volunteer will remain open until th osition is filled. Letters of interest and the STR Resolution will be included in the April meeting packe Item will be continued to the May 10 meeting.
8. Discussion/Decision regarding Councilmember Committee Assignments.
Based on Council preferences, the following changes are being made to the committee memberships:
COMMITTEE REP ALT
Humboldt Waste Management Authority HWMA (on hold) Kelly West Humboldt County Association of Governments HCAOG West Tuttle 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/Tuttle 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/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 West Kelly/Tuttle
Water Advisory Committee Kelly Grover
FUTURE AGENDA ITEMS
West: Water Plant Operation Updates
Ladwig: Overnight Parking Restriction Ordinance Update, Water Resiliency Update.
Update/Recommendations on how $20k for trail maintenance is being spent.
Kelly: Public security and safety, reducing crime in hot spots. How to use existing resources to improve public safety.
Resident Mike Morgan claimed ethics violations against a Councilmember, and requested an agenda discussion.
ADJOURNMENT: 8:05pm.
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
04-12-2022 City Council Meeting Minutes Page 7