MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, SEPTEMBER 13, 2022 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Ladwig called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Ladwig, West, Tuttle in-person. Kelly by videoconference. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Project Manager Jennifer Hakenen. City Planner Trever Parker attended by video-conference.
Approximately (10) participants were present online at the beginning of the meeting.
Il. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION - No closed session scheduled.
IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF THE AGENDA
Motion (West/Tuttle) to approve the agenda as submitted. Passed unanimously.
VI. APPROVAL OF MINUTES - 07/12/2022 cc, 08/23/2022 cc2.
Motion (West/Tuttle) to approve 07/12/2022 as submitted. Passed 3-1 (Kelly abstained). 08/23/2022 cc2 will be reviewed in October.
VIl. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS - no reports shared by Council.
VIII.STAFF REPORTS - City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting Narah to rote pals so a anth ear and and is no in ir ex to aming,.
IX. ITEMS FROM THE FLOOR -
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Mike Morgan - Trinidad
The recent STR license lottery is unfair. Submitted comments in writing. To help our community and our City get through this worsening economy, take immediate action, give all 5 STR license requests a fast track.
Restricting and/or limiting them is unfair.
Jennifer Hakenen - Trinidad
Speaking as a resident, requested concerns regarding the STR lottery be brought to the Planning Commission.
X. CONSENT AGENDA
1. Staff Activity Report - August 2022
2. Financial Statements - July 2022
3. Law Enforcement Report - August 2022
Motion (West/Tuttle) to approve consent agenda as submitted. Passed unanimously.
There was no public comment.
Motion (West/Tuttle) to appoint Ladwig and Kelly to represent the City in mediation with the Tsurai Ancestral Society. Passed unanimously.
3. 132022 aily Cocus in regarding the Presentation/Discussion regarding the Circulation Element of the General Plan Update.
City Planner Trever Parker explained that she has responded to the 80 Coastal Commission comments/questions specifically on the October 2019 version of the Circulation Element that were received in September 2020 as well as more general comments received in July 2019. In addition, staff have updated the document where new information is available. The Planning Commission have also recently reviewed those comments and responses and edits to the document in January through April 2021 and again in July through August 2022 with a new set of figures. Knowing this will have to go back to Coastal Commission staff for another round of review and comments, the Planning Commission did not recommend approval to the City Council yet, but the element is ready to be resubmitted to Coastal Commission staff.
Note the Council has been provided with a "clean" copy of the document without the tracked edits and comments and responses, because it was getting difficult to read with so many edits. But a "track changes" version is available upon request.
Other General Plan Updates Staff and the Planning Commission have also reviewed and responded to Coastal Commission staff comments on the Introduction Chapter, Land Use Element, and Conservation, Open Space and Recreation Element, which have previously been sent to the City Council for review. Staff have also prepared written responses to several letters submitted by Coastal Commission staff regarding the general plan update. All four of the chapters/elements they have reviewed thus far are ready to be resubmitted.
Figures for the Introduction Chapter, Land Use Element, Conservation, Open Space and Recreation Element and Circulation Element (Figures 1-14) have been recently updated.
The Planning Commission and staff have also drafted a Community Design Element, and it is ready to submit to Coastal Commission staff for review and comment once it has been reviewed by the City Council in the next month or two. One of the primary issues with that will likely be how to differentiate private and public views, because the Coastal Act only protects public views, and private view protection policies and regulations may need to be separate from the LCP.
I am currently working on updating the 2012 draft Noise Element and plan to bring that to the Planning Commission in the next month or two.
The Cultural and Historical Resources Element will be updated as a task under the CP Update Grant recently received from the Coastal Commission. Staff is preparing letters to send out to the Tribal entities to request their input and coordination with City staff on that task.
The Safety Element will be updated as a task under the Coastal Hazards Planning Grant from the OPC, which is also just getting underway with stakeholder outreach.
Council comments included:
Kelly: Thanked the Planning Commission and Staff for progress, and asked about the parking study. Parker explained that SB2 Fund Extension helped get non-covid year data.
West: Inquired about annexation. Parker explained that the City still includes specific areas within its sphere of influence, but there hasn't been a lot of interest by residents on the border in having their properties annexed.
Public comment included:
Jim Belak - Trinidad
Residents should have time to review the elements. Traffic flow and light pollution issues should be considered.
Apologized for missing an opportunity for consultation. Harbor Trust application made by the Rancheria has Presentation item only. No decision was made.
3. Presentation/Discussion regarding Housing Element Zoning Ordinance Update (LEAP Grant Task). 09-13-2022 City Council Meeting Minutes Page 2
City Planner Trever Parker explained that the Housing Element is one of the seven general plan elements mandated by the state. It is the most rigidly dictated by state law of the all the elements and the only element that is required to be certified by a state agencythe Department of Community Development (HCD). As the state's housing shortage continues, laws have gotten stricter, and the legislature has taken away more and more local control each year. However, they have also made additional funding available to local governments.
HCD contracted with a consulting firm to help local jurisdictions, including Trinidad, develop compliant Housing Elements. The current Housing Element was adopted in April 2020 and has been certified by HCD. Based on that Housing Element, the City has received two housing-related grants from HCD (and will also receive some related regional funding).
LEAP Grant
Trinidad was approved for $65,000 in funding through CD's Local Early Action Planning (LEAP) Grant Program for housing planning and to facilitate acceleration of housing production to comply with the sixth cycle of the regional housing need assessment (RHNA). The LEAP Grant was established to provide support, incentives, resources, and accountability to meet California's Housing goals. Trinidad's LEAP Grant tasks focus on increasing housing opportunities and resources, particularly for people with disabilities, providing information and assistance to residents on housing issues, and improving water infrastructure capacity and conservation.
Zoning Amendments
The first grant task is to prepare a zoning ordinance amendment to implement several Housing Element (HE) implementation programs, including HI-1, HI-7 and HI-11. Most of these amendments are dictated by state law and are fairly minor. The amendments consist primarily of new and updated definitions and classification of several uses as residential uses subject only to the same requirements as for a single-family residence as The Planning Commission considered the amendments at their July 20 and August 17, 2022, meetings and have recommended the amendment to the City Council for approval per Zoning Ordinance §17.68.030. If adopted by the City Council, an LCP amendment application will need to be submitted to the Coastal Commission and certified prior to the amendment taking effect.
Council comments included:
Ladwig: Is this amendment enough to clarify the status of the RV parks in comparison with their intended use? Parker responded no, that the jurisdiction is complicated. The parks were intended for transient use (visitors), but became a place for long-term RV tenants.
There were no public comments.
Motion (West/Kelly) to bring the ordinance back for first reading at the next available meeting. Passed unanimously.
Discussion/Decision regarding Proclamation 2022-01; Declaring September 19-23, 2022 as Septic Smart Week and Introducing Septic Sue.
Project Manager Jennifer Hakenen explained that in conjunction with a nationwide effort by the EPA to bring attention to the importance of caring for and maintaining septic systems, the City of Trinidad is proposing a proclamation and unveiling its very own 'Septic Sue.
In 2008 and 2010 the City adopted ordinances that formalized resident accountability of their septic systems. A permit process was developed to create a dialog with homeowners regarding the performance of their systems, and ensure they were being properly cared for. The process proved to be challenging, and quickly prioritized i eras an one tave team. properties that were being sold, short-term rentals, and those that were interacting with the City for building and In the past, the process ebbed and flowed depending on staff workload and availability. In recent years the Council renewed its commitment to seeing programs through that prioritized public and environmental health, by using general tax revenue and OWTS permit fees to fill staff shortages to ensure these programs are The City's in-house staff has developed relationships with local service providers, and has helped resurrect the program in coordination with the City Planner. A very creative outreach program has been designed using the 09-13-2022 City Council Meeting Minutes Page 3
EPA's model as a template, but made it something the locals can connect with (Septic Sue). Septic Sue will partner with City staff to relay messages to homeowners, encourage participation, and showcase successful participants that value routine maintenance and proper use of their systems.
Data: A chart has been prepared to show permit status of nearly 242 inventoried parcels in Trinidad, with 19% being undeveloped parcels included.
Categories, explained:
Almost a Permit: This group has previously complied with the City's request to integrate into the City's OWTS Management Program. The property had an septic inspection, completed the home-owner questionnair, and a paid the fee to the City of Trinidad to receive an Operating Permit. A permit, however, was never issued.
Each homeowner in this group is being worked with individually and given the opportunity to obtain a current permit free of charge if they meet certain parameters.
No Permit: The City has no record of a septic inspection on file. Some properties have original septic installation records from the Health Department, others do not.
Expired Permit: The property has an existing OWTS Permit, but it is expired. (Permits are valid for up to 5- years).
Current Permit - Property has a current OWTS Operating Permit.
Undeveloped - The parcel is undeveloped and not required to be integrated into the OWTS Management Program at this time.
Mayor Ladwig read the proclamation aloud.
There was no public comment.
Motion (West/Tuttle) to approve Proclamation 2022-01 Declaring September 19-23, 2022 as Septic Smart Week and Introducing Septic Sue. Passed unanimously.
5. 2022 General Election Calendar Update.
City Clerk Adams summarized the following updates:
City Council Seat Election: As of August 23, all the preparation deadlines were met. Four (4) Candidates for Three (3 4-Year Terms have met the eligibility requirements to have their names appear on the November 08 ballot. The list of candidates, along with their ballot designations is as follows:
Jack Tuttle, Appointed Incumbent
Cheryl Kelly, Appointed Incumbent
Kati Breckenridge (undesignated)
Michael J. Morgan, Business Owner
Because there are no wards or districts in Trinidad, the top 3 vote receivers win the seats.
Occupancy Tax Increase Ballot Measure P: The following documents have been received by their respective deadline and preparations are underway in partnership with Humboldt County Elections to draft the Voter Information Pamphlet, and November 08 Ballot:
Resolution 2022-10; Submission of the Occupancy Tax Increase Ballot Measure to the Electorate Ordinance 2022-03; Redraft of Municipal Code Title 3, Chapter 3.20 regarding Tourist Occupancy Tax City Attorney Impartial Analysis
Argument For Measure P
Argument Against Measure P
Rebuttal to Argument For Measure P
- Rebuttal to Argument Against Measure P
09-13-2022 City Council Meeting Minutes Page 4
All of the documents will be published in a quick link file on the home page of the City's website as soon as it is complete up and running.
Outreach/Candidate Exposure: When the nomination period closed in August, contact information provided by each candidate became public information. Various organizations that host candidate forums, along with local media outlets (reporters, etc.) often request individual contact information from the Clerk's office. Candidates will likely be receiving requests to participate or contribute content to these organizations. Some may come through the City Clerk's office, others may come directly from the source.
Nominees for Public Office: The attached document will be published throughout town for the next 2 weeks, and also published in the Mad River Union.
FUTURE AGENDA ITEMS
Water Advisory Committee, Council appointment.
: Update from City Engineer regarding water storage tank grant.
ADJOURNMENT: 7:15pm.
Submitted by: Approved by:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
09-13-2022 City Council Meeting Minutes Page 5