City Council Meeting Agenda: 05-10-2022 Page 1
Posted: Friday, May 06, 2022
NOTICE AND CALL OF A REGULAR MEETING OF THE
TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, MAY 10, 2022, at 6:00 PM
THIS MEETING WILL BE HELD VIA ZOOM VIDEOCONFERENCE
CLOSED SESSION BEGINS AT 5:15PM
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: 853 8628 4791 Passcode: 416181 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. Personnel Exception 54957 - City Manager Performance Evaluation
2. Labor Negotiations 54957.6 – Chief Water Plant Operator Position VI. RECONVENE TO OPEN SESSION
VII. APPROVAL OF AGENDA
VIII. APPROVAL OF MINUTES – 04-12-2022cc
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: 05-10-2022 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 – April 2022
2. Financial Statements – March 2022
3. Law Enforcement Report – April 2022
4. Resolution 2022-07; Request November General Election Consolidation with the County of Humboldt.
5. Community Yard Sale Event Announcement
XII. DISCUSSION/ACTION AGENDA ITEMS
1. Water Plant Operations Update
2. Discussion/Decision regarding Second Reading of Ordinance 2021-02; Amending Section 17.56.160 (6.26 as Certified) of the Trinidad Zoning Ordinance Regulating Short-Term Rentals.
3. Discussion Decision regarding Second Reading of 2022-01; Amending Section 2.20.070 of the Trinidad Municipal Code Relating to the Election of the Planning Commission Chair.
4. Update/Continued Discussion regarding Returning to Live City Council and Planning Commission Meetings.
5. Discussion/Decision regarding Appointment to Fill the Vacancy on the Short-Term Rental Advisory Committee.
6. Presentation/Update regarding the FY2022 Budget Status and Upcoming FY2023 Budget Preparation Timeline.
7. 2022 General Election Calendar and Upcoming Deadlines.
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:
APRIL 12, 2022 CC
Supporting Documentation follows with: 7 PAGES
04-12-2022 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, APRIL 12, 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 (23) participants were present online at the beginning of the meeting.
II. TELECONFERENCE MEETINGS
1. Continued Resolution 2021-12; Authorizing Continued Use of Virtual Meetings.
The Council unanimously reaffirmed Resolution 2021-12 by consensus.
III. PLEDGE OF ALLEGIANCE
IV. CLOSED SESSION
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.
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, 03/08/2022 cc.
Motion (Grover/West) to approve both sets of minutes as submitted. Passed unanimously.
VIII.COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: HCAOG 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 2
Tristan Cole – Trinidad
Received a bill from the City regarding a CDP I had to apply for last year for trees I removed after-the-fact.
During my hearing, a majority of time was spent discussing the code, but not specifics of my project. It didn’t 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
1. 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 3
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-toGovernment 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.
HCAOG 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 5th 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.
Public comment included:
Mike Morgan – Trinidad Bay Bed & Breakfast
I understand a lot of this stuff. The ordinance needs to update the definitions during the next review. I hope you reviewed the occupancy tax part and audit part, and make sure private information is protected. The city is not entitled to guest information.
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 4
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 for effectiveness.
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 Public comment included:
Mike Morgan – Trinidad Bay Bed & Breakfast
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 5
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.
Kelly: Hybrid meetings will take a little time to sort out, but perhaps if we don’t have a system implemented by June we get back to live meetings and build on that. Ladwig agreed.
West: I want staff to be comfortable with the timeline, but hope for June or when we have a good system in place.
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.
6. 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 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.
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 6
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
My wife and I have owned the home in Trinidad for many years, and we plan to retire and spend more time there in a few years. I am volunteering to serve on the Committee, and will be a good listener.
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 7
City Manager Naffah suggested that if we table this item, the invitation to volunteer will remain open until the position is filled. Letters of interest and the STR Resolution will be included in the April meeting packet.
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.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Staff Activity Report – April 2022
City Manager’s Report May 10, 2022 Meeting
Stormwater Project:
The Stormwater Project is progressing with construction taking place on Underwood, Edwards, and in the Harbor. Intermittent one lane traffic is currently taking place on Edwards. Notices of temporary water shutoffs will be sent as needed. The project is slated to be completed by the end of June.
Fish and Wildlife Site Visit:
The local representative of the California Department of Fish and Wildlife visited the City’s water treatment plant and toured the intake area around Luffenholtz Creek. He was impressed and satisfied that the City is complying with state regulations and the City’s water rights for the creek.
Verizon Cell Site Decommissioning:
The existing cell site on Trinidad Head will be decommissioned once the birding season is over.
The new Westhaven cell tower is operational. 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.
Summer Solstice:
The Greater Trinidad Chamber of Commerce is planning the Taste of Trinidad on Summer Solstice, June 21st. The event will take place in Saunders Park from 5 pm until 8 pm. Music will be provided by the local group Fred and Wilma. Food, wine and beer will be provided by north county vendors.
PWA:
Pacific Watershed Associates has completed identifying 15 vacant parcels near the water plant that have the necessary space and topography to accommodate storage of pretreated water.
Letters will be sent to identify potential site usage opportunities that the property owners may consider ranging from lease to sale, etc.
CONSENT AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Financial Statements – March 2022
CONSENT AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Law Enforcement Report – April 2022
CONSENT AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Resolution 2022-07; Request November General Election Consolidation with the County of Humboldt.
City of Trinidad: Resolution 2022-07 Page 1 of 1
TRINIDAD CITY HALL Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
RESOLUTION 2022-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TRINIDAD, CALIFORNIA REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF HUMBOLDT TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 08, 2022.
.
WHEREAS, a General Municipal Election is to be held in the City of Trinidad, California on November 08, 2022; and
WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Trinidad;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TRINIDAD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish to the City for use in conducting the election the computer record of the names and address of all eligible registered voters in the City in order that the City may print labels to be attached to self-mailer sample ballot pamphlets; and will also furnish to the City printed indices of the voters to be used by the precinct board at the polling place; and will make available to the City additional election equipment and assistance according to state law.
SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.
SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Trinidad on this 10th Day of May, 2022.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Trinidad by the following roll call vote:
Ayes:
Noes:
Absent:
Abstain:
Attest:
______________________ _____________________
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. Community Yard Sale Event Announcement
Members of the community have expressed interest in holding a community-wide yard sale event in early June. With the addition of new city staff members Anton Souza and Jennifer Hakenen in late 2021, the City is equipped with personnel to facilitate a limited number of programs consistent with the waste reduction goals and mandates that have been challenging to coordinate in the past.
Special Project Coordinator Jennifer Hakenen will facilitate community outreach and utilize a small budget of approximately $500 from the Waste Management Budget to spread the word through advertising and signage. City-wide programs like this help promote reuse, divert items that may otherwise end up in a landfill, support the City’s waste diversion efforts, and are a direct result of increased staffing.
This is an informational item only. Questions or participation information can be directed to Jennifer Hakenen at [email protected], or by calling 707.677.0133.
Attachments:
- Event Flyer
COMMUNITY
YARDSALE
Here are the details…
Host your own sale in front of your residence
or team up with other neighbors on your
street. Turn your old, or no longer“working in
my life”, items into treasures for someone else
while earning some extra cash for yourself!
This event will help others find reusable items
promoting reuse and reducing items that
might otherwise go to the landfill.
✦ Set up by 10am day of the sale
✦ The City will advertise via local media
✦ Signs will be posted at street intersections
to direct people toward streets where
people are selling
✦ Sale will be held rain/shine/wind
✦ If you plan to sell you must email Jennifer
Hakenen by May 30th to ensure there is
signage for your street
When: Saturday, June 4, 2022
City of Trinidad
Signs will be posted
Time: 10am - 3pm *no early birds
please
Other: If you have questions please
contact Jennifer Hakenen @
[email protected] or
707-677-0133
City of Trinidad
DISCUSSION AGENDA ITEM 1
NO SUPPORTING DOCUMENTATION ATTACHED
1. Water Plant Operations Update
DISCUSSION AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Discussion/Decision regarding Second Reading of Ordinance 2021-02; Amending Section 17.56.160 (6.26 as Certified) of the Trinidad Zoning Ordinance Regulating Short-Term Rentals.
City Ordinances require two readings not less than 5 days apart. The Council approved the first reading of Ordinance 2021-02 at the April 12, 2022 meeting. No changes have been made to the Ordinance since the first reading.
If the second reading is accepted, a certified copy of the full ordinance will be placed in three (3) public places prescribed by ordinance (Town Hall, Post Office, Murphy’s Market Bulletin Board), along with a summary of the ordinance complete with votes cast published within 15 days following adoption in the Mad River Union.
Ordinance 2021-02 will become effective upon certification of the Coastal Commission. That date is currently unknown but the Council will be kept informed when that is expected to occur.
Recommended action: Waive full reading and adopt second reading of Ordinance 2021-02 by title only; Amending Section 17.56.160 (6.26 as Certified) of the Trinidad Zoning Ordinance Regulating Short-Term Rentals.
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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
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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
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“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).
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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.
p. 14 of 16
DRAFT Final STR Ordinance Amendment July March 2021
(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.
p. 15 of 16
DRAFT Final STR Ordinance Amendment July March 2021
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
p. 16 of 16
DRAFT Final STR Ordinance Amendment July March 2021
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 April 12, 2022, by the following vote:
First Reading of Ordinance 2022-02: Tuesday, April 12 , 2022 Second Reading of Ordinance 2022-01:
AYES: West, Grover, Kelly, Tuttle
NOES: None
ABSENT: None
ABSTAIN: Ladwig
Attest:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
DISCUSSION AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Discussion Decision regarding Second Reading of 2022-01; Amending Section 2.20.070 of the Trinidad Municipal Code Relating to the Election of the Planning Commission Chair.
City Ordinances require two readings not less than 5 days apart. The Council approved the first reading of Ordinance 2022-01 at the March 08, 2022 meeting. No changes have been made to the Ordinance since the first reading.
If the second reading is accepted, a certified copy of the full ordinance will be placed in three (3) public places prescribed by ordinance (Town Hall, Post Office, Murphy’s Market Bulletin Board), along with a summary of the ordinance complete with votes cast published within 15 days following adoption in the Mad River Union.
Ordinance 2022-01 will become effective on the 31st day following approval (June 10, 2022).
Recommended action: Waive full reading and adopt second reading of Ordinance 2022-01 by title only; Amending Section 2.20.070 of the Trinidad Municipal Code Relating to the Election of the Planning Commission Chair.
Trinidad City Hall Steve Ladwig, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
ORDINANCE NO. 2022-01
AN ORDINANCE OF THE CITY OF TRINIDAD
AMENDING SECTION 2.20.070 OF TITLE 2 OF THE TRINIDAD MUNICIPAL CODE
RELATING TO THE ELCTION OF THE PLANNING COMMISSION CHAIR ORDINANCE 2022-01, SECTION 1:
Revise Chapter 2.20, Section 2.20.070, Election of chair and vice chair, to read, in context, as follows:
2.20.070 Election of chair and vice chair.
The commission shall elect its chair and vice chair from among the appointed members of the commission.
The chair of the planning commission shall be elected to a two-year term, unless removed by a majority vote of the commission.
PASSED AND ADOPTED by the City Council of the City of Trinidad, State of California, on Tuesday February 8, 2022, by the following vote:
First Reading of Ordinance 2022-01: Tuesday February 8, 2022 Second Reading of Ordinance 2022-01:
AYES:
NOES:
ABSTAIN:
Attest:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
Deleted: , on a rotating basis, so that no individual may serve a second term as chair as long as there are
others on the commission who have not so served
DISCUSSION AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Update/Continued Discussion regarding Returning to Live City Council and Planning Commission Meetings.
DISCUSSION AGENDA ITEM
Tuesday, May 10, 2022
Item: Continued Discussion/Decision regarding Returning to Live City Council and Planning Commission Meetings
At the regular meeting held on April 12, staff presented Council with several examples of how other cities and local agencies are implementing the hybrid meeting experiment, along with outlining some of the next steps needed to reach the goal of testing a system in June.
The basic goals for May 10 were to lay the groundwork to start testing systems and if possible, test the MCSD system. Laying the groundwork included extending a reliable and secure wireless network through the Town Hall. Due to scheduling challenges and finding the right expert, that task will be completed on Wednesday, May 11 (one day shy of our target date). Kabe Miller with Cornerstone Computers has been hired to complete the installation. Staff may attempt to use the existing, inferior wireless network to test the MCSD system prior to the meeting, but may choose to wait until after the new network is installed on the 11th. Either way any information gathered will be shared during this agenda discussion on May 10.
The team that has been assembled to assist City Staff in implementing a hybrid meeting format is Kabe Miller (Cornerstone Computers), Joey Blaine (technical consultant), and Juan Carillo (Access Humboldt).
The Council voiced support for finding the best quality solution that is suitable for Trinidad was the best approach. As noted at the April meeting, it is likely that sourcing and procuring the right equipment may be a challenge, so to unveil a test-run at the June meeting will likely mean a phased approach to a more permanent concept.
Staff is currently sourcing the following equipment, with the goal of having them test ready by early June:
- Mounted, pull-down, low-profile projector screen for the Town Hall. - Modern Projector to display zoom participants and meeting presentations in hi-resolution and brilliance in well-lighted meeting rooms (the old projector was designed to display on dark settings, and low-resolution).
- Web-Cam and accessories suitable for capturing the active speaker in the room.
As of the April 12 meeting, staff researched meetings held by neighboring agencies through April 06. Since then new meetings were held and staff may have additional examples to share.
Action Requested: Presentation item only. Staff update and information sharing. Council is welcome to share any experience they’ve had recently with hybrid meetings that may be helpful. 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.
Attachments:
- April 12 staff report for reference.
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
DISCUSSION AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. Discussion/Decision regarding Appointment to Fill the Vacancy on the Short-Term Rental Advisory Committee
CONSENT AGENDA ITEM
Tuesday, May 10, 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 requested letters of interest include brief information that would help the Council determine the candidates suitability for the committee.
At the April 12 meeting, the packet included a letter of interest to fill the vacant seat from Scenic Drive (in-City limits) homeowner Dan Henry. During public comment, Trinidad Bay Bed & Breakfast owner Mike Morgan claimed he too submitted a letter of interest, but it was not included in the packet.
The Council agreed to postpone the decision, extend the filing period one month, and include Mike Morgan’s letter of interest for consideration.
On April 14, Parker Creek Drive resident Jacques Beaupre submitted a letter of interest to serve on the Committee. Mr. Beaupre meets the criteria to serve as an in-City, general public representative without any ties or associations with the STR or lodging industry.
On April 18, candidate Dan Henry withdrew his name from consideration due to objections voiced regarding his part-time residency status.
Recommended Action: Consider the letters of interest from Mike Morgan and Jacques Beaupre, make the appointment, or request staff to continue the recruitment process.
Attachments: Letter of Interest
Vacancy Posting
STR Advisory Committee Resolution
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
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Subject: FW: Short Term Rental Advisory Committee
From: "[email protected]" <[email protected]> Date: Thu, May 05, 2022 5:10 pm
To: "[email protected]" <[email protected]> From: Dan Henry <[email protected]>
Date: Monday, April 18, 2022 at 12:44 PM
To: [email protected] <[email protected]> Subject: Short Term Rental Advisory CommiGee
Good afternoon Eli,
Hope you had a great Easter weekend.
The reason for this email is to let you know that I would like to withdraw my name from any consideration for the open position on the STR Advisory Committee. After listening to the objections from the community regarding a part time resident of Trinidad, I actually agree that it would be best for a full time resident to serve committee positions. When we become full time residents, my wife and I may look into ways to serve and support the town and area we love so much.
I do wish to say thank you very much for allowing me the opportunity to apply for the position.
When we are in Trinidad again we'll stop by to say hello.
Thanks again.
Sincerely,
Dan
Daniel Henry
530. 519. 5360 cell
530. 872. 5415 office
CA DRE#01304105
If this pertains to an escrow, please include my transaction coordinator Emma Peters [email protected]
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Subject: FW: STR Commission vacancy
From: "[email protected]" <[email protected]> Date: Thu, May 05, 2022 5:09 pm
To: "[email protected]" <[email protected]> Copyright © 2003-2022. All rights reserved.
From: Jacques Beaupre <[email protected]>
Date: Thursday, April 14, 2022 at 8:44 AM
To: Trinidad City Manager <[email protected]>, Richard Bruce <[email protected]> Subject: STR Commission vacancy
Good Morning Eli,
I talked to Dick Bruce yesterday for a few minutes. He asked if I would consider helping out on the STR commiTee.
Here I am doing just that! I am here to volunteer on the STR Commission.
I think I can be a reasonable voice represenVng the Trinidad community.
I now have a few years of experience living next to STRs and have seen big changes in the way STRs are managed in a posiVve way. Although the last two years are an anomaly in actual real rental history, maybe the good STR behavior is a permanent trend?
More improvements can be made without stepping on too many toes, I think.
Let me know what you think.
Jacques Beaupre
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DISCUSSION AGENDA ITEM 6
SUPPORTING DOCUMENTATION ATTACHED
6. Presentation/Update regarding the FY2022 Budget Status and Upcoming FY2023 Budget Preparation Timeline.
DISCUSSION/ACTION AGENDA
Date: Tuesday, May 10, 2022
Item: Presentation/Update regarding the FY2022 Budget and Upcoming FY2023 Budget Preparation Timeline.
Background: Relative to 2020 and 2021, Fiscal Year 2021-2022 began with stability, and setting a hyperfocus on the City’s drinking water system due to the ongoing drought situation. The FY2022 budget was adopted on June 21, 2021. In July the City learned that the Administrative Support position would soon be vacant with the resignation of Angela Zetter, and in late August the City was informed that long-time Chief Water Plant Operator Ryan DeSmet would be resigning in October. Those two events alone send significant shock-waves through the City’s operational reality.
In response, the City was fortunate to recruit two new administrative support positions and welcomed Anton Souza and Jennifer Hakenen to the team in September/October. Both Anton and Jennifer spent the winter getting their “sea-legs” by learning the ropes and have quickly become invaluable assets to the City, providing both reliability and value to the organization.
On the other hand, the Water Department budget was impacted significantly by the departure of Ryan DeSmet. Probably the biggest concern of both staff and the public is the current cost incurred by hiring an independent engineering firm (Coleman Engineering) to operate the Plant in the interim. Staff will shed some light on where the Water Department stands as of March 30, and prepare to forecast where it will end up at year end as the process unfolds through June.
The first step to kick-off the 2021-2022 Budget Season is to take a brief look at the current year – measuring achievements, shortfalls, or deviations in the Council’s spending plan, along with identifying operation changes and/or unexpected revenue windfalls that modified the City’s course along the way.
The primary goals of this preliminary budget meeting discussion are; 1) To examine the financial statements received through March 2022. 2) Review significant highlights in spending (or not spending) and revenues in the primary departments. 3) Plot a course from now through June for continued discussions that will lead to an adopted budget by the regular meeting in June.
Proposed Action:
Review/Discuss the City’s fiscal activity through March, and set goals for the upcoming meetings to develop the 2022-2023 FY Budget.
Attachments:
- FY2022 Big Picture Summary
- March Financials included in Consent Agenda Item 2.
2021-2022 General Fund Summary - Operating Revenue vs. Expenses REVENUE 2022 Budget Actual
General Fund Revenue Projection: $ 834,600 $ -
Cemetery Plot Purchases $ 12,250 $ -
Humboldt Sanitation Franchise Fees $ 10,000 $ -
TDA Transfer-In for TPW Labor $ 12,000 $ -
Total Revenue $ 868,850 $ -
EXPENSES
General Fund Admin $ 504,519 $ -
Public Works $ 158,000 $ -
Fire $ 19,350 $ -
Police $ 112,147 $ -
Cemetery $ 14,674 $ -
Waste Management $ 8,780 $ -
Total Expenses $ 817,470 $ -
Positive Balance $ 51,380 $ -
Highlights:
General Fund Staffing adjustments include:
NEW Temporary, half-time Public Works Maintenance (as needed) NEW Temporary, half-time Clerical Support (as needed)
Step increases for Water Plant Director, TPW I, Admin Support, and Clerk Continued support of Library, Museum, Land Trust
General government service support levels maintained
Continued progress on the General Plan Update
Short-Term Rental Ordinance Review
Public Safety Contract renewal with HCSO for (1) Full-time Deputy Additional 1/2 Time Deputy paid for with Measure Z funding - pending BoS approval.
Emphasis on enforcement of current laws, plus amended ordinances related to… …overnight parking, camping, and related restrictions.
Public Works New Employee Addition = Improved Park and Facility Maintenance Stormwater Phase II Construction - Grant Funded
$10,000 set aside for Trail Maintenance projects per Trails Comm.
Funds remain reserved for Civic Club Room Update $10k
Maintained improvement budget for public restroom facilities upkeep.
Water Fund Rate Analysis (Prop 218) & Continued Water System Consulting Drought Monitoring, Outreach, and Contingency Planning
Technical Support to the Water Advisory Committee
Luffenholtz Creek flow-monitoring.
$25,000 allocated for priority valve replacements
New Employee Addition = Second, Licenced Treatment Operator Water Shortage Contingency Plan Ordinance Amendment
Streets/Roads Special Revenue Funds (Gas Tax, TDA, RMRA) used as needed.
Possible projects include Trinity Street grind-outs, slurry seal, and post-Stormwater Project street enhancements.
Reserve Funding Town Hall Exterior Wash and Trim Paint
Requiring council approval at a later date Backup generator upgrade at CM/Sheriff Office Grant Projects Stormwater Phase II
SB1 - HCD
LEAP
LRSP
OPC
HSIP
Rate Adjustments/Optimization 2% Transient Occupancy Tax Increase (from 10% to 12%) Water Rates; (2.5% of $315k: $7,875, or 5% = $15,750)
Cemetery Plots; Rate Analysis/Adjustment (25% estimated increase)… ...to help fund and secure future northern expansion.
Issue unallocated STR Licenses. (1) PD, (2) SR, (2) UR = (5) Total.
OWTS Program Fee Implementation; Initial Fee Increase?
Planning Admin Fee; 10%+ for in-house Staff time cost recovery Building Permit Fee Schedule Update
Bench Policy Implementation; (30) benches at $1k each
Big Picture / Future Planning Cemetery expansion to adjacent lot - Real Estate Purchase
DISCUSSION/ACTION AGENDA
Date: Monday, June 21, 2021 FOR REFERENCE DURING 2022-2023 BUDGET DISCUSSION Item: Discussion/Decision regarding Resolution 2021-06; Adopting the FY2022 City Budget Background: At the regular meeting on June 11, staff presented a working draft of the 2022 Budget. The draft included revenue and expenditure budget worksheets for each of the fund categories; General Fund: Administrative, Public Works, Police, & Fire Restricted Funds: Water & Cemetery
Special Revenues: Gas Tax, Transportation (TDA), & COPS A recap of Fiscal Year ending June 30, 2020, along with projections for Fiscal Year ending June 30, 2021 were presented in summary formats for comparative purposes.
Following a year and a half of economic uncertainty, the second half of 2021 is showing signs of stability. The City’s conservative approach to spending, coupled with robust revenues from the baseline economy (locals shopping online) and significant contributions from visitors (sales and occupancy taxes) has increased the City’s reserves.
Sales and Occupancy taxes are volatile revenue sources. They are strong when the economy is healthy, but easily disrupted by natural disasters such as wildfires, droughts, pandemics, or human-triggered disasters such as housing or market crashes. It is common for cities that are primarily funded by fragile revenue streams to maintain healthy reserves. Since 2005 Trinidad City leaders have prioritized fiscal stability and responsibility, and the reserves established exemplify that commitment.
The reserves provide short-term insurance to shield the City from sudden changes, to use as matching funds to leverage larger grant funding, and to stabilize the budget in an emergency. Several of the following situations are examples of changes that the City is planning for; • Verizon exit of the Cell Facility lease on Trinidad Head. • Reduction of occupancy taxes due to a reduction or pause in STR licenses issued. • Measure Z Funding is unavailable for additional law enforcement coverage • Harbor Area converts to Federal Trust status and loses sales and occupancy taxes it generates. • Cover increasing costs due to State of Federal mandates and regulations • Emergency repairs to fragile infrastructure (coastal bluffs, roads, etc.) • Temporary staffing increases to improve the quality of services provided to the community and balance the impacts that visitors have on the City.
Balanced Budget
The budget presented conservatively projects that if the City stays focused on the priorities highlighted in the summary, and the anticipated revenue streams are uninterrupted, revenues may modestly exceed expenditures by June 30, 2022. This is dependent upon several key factors:
1. Measure Z funding is received $75,000 and/or HCSO is able to provide additional ½ time deputy.
2. Covid Relief Funding $68,000 is guaranteed as expected.
3. Occupancy Tax revenues do not decline due to a growing number of unissued, available licenses.
If the priorities are held and the City optimizes outdated charges for service such as cemetery plot sales and occupancy tax rates, it will have more latitude for discretionary spending. A quarterly or mid-year budget review process would be the appropriate time to address that. 2022 Goals & Priorities Summary:
1. Recognize staff for enduring through the pandemic and adapting to the challenges.
2. Utilize reserves established from prior fiscal years to hire part-time employees that support existing staff and accomplish back-burner tasks.
3. Maintain current law enforcement coverage and vital government services.
4. Educate and enforce new laws passed to discourage overnight parking, camping, etc.
5. Monitor, educate, and pivot with the challenges faced by the historic drought season ahead.
6. Provide support to the Water Advisory Committee charged with developing ideas and investigating solutions for a reliable drinking water source that will serve the needs of the community now and well into the future.
7. Update the Water Rate Structure to ensure system resiliency.
8. Maintain and upkeep of public buildings, parks, and property.
9. Support community groups that enrich the community for locals and visitors, as they emerge from pandemic hibernation.
10. Continue promoting an inclusive dialog with Tribal Governments, and finalize the Government to Government policy to facilitate consultation on important topics of mutual concern.
11. Oversee and recover from the Stormwater Phase II construction project that should conclude a nearly 15-year effort to respond to a State mandate prohibiting polluted storm water to run off into Trinidad Bay.
12. Continue grant programs that will help the City satisfy several elements of the General Plan update.
Proposed action:
Field questions from Council, revise budget line items as necessary, and approve Resolution 2021-06; Adopting the FY2022 Budget.
DISCUSSION AGENDA ITEM 7
SUPPORTING DOCUMENTATION ATTACHED
7. 2022 General Election Calendar and Upcoming Deadlines.
STAFF IS CONFIRMING TIMELINE INFORMATION FOR THE OCCUPANCY TAX INCREASE ELECTION,
ALONG WITH THE COUNCIL MEMBER ELECTION, AND WILL ADD INFORMATION TO THE PACKET BY 5:00PM MONDAY, MAY 09 FOR REFERENCE.