City Council Meeting Agenda: 10-11-2022 Page 1
Posted: Friday, October 07, 2022
NOTICE AND CALL OF A REGULAR MEETING OF THE
TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, OCTOBER 11, 2022, at 6:00 PM
at the Trinidad Town Hall, 409 Trinity Street, Trinidad, CA.
CLOSED SESSION BEGINS AT 5:30PM
For your convenience, this meeting will also be held via videoconference, hosted on the Zoom platform. 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 comments to 409 Trinity Street, Trinidad CA, by 2:00pm on the meeting day, or email to [email protected] HOW TO PARTICIPATE: You are invited to participate in person at the Trinidad Town Hall, or by Zoom. The City will publish a direct link to the Zoom teleconference, 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: 857 3714 9216 Passcode: 517200 PLEASE NOTE that live meeting logistics will be prioritized. The quality of the Zoom teleconference meeting cannot be guaranteed. Technical challenges experienced by either the participant or the City will not interrupt or halt progress of the meeting.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation (Calif. Gov. Code Section 54956.9(d)(1)) (1 Case: City of Trinidad vs. Tsurai Ancestral Society, et. al, Humb. Co. Sup. Court Case No. 180684) IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES – 08-23-2022 cc2, 09-13-2022 cc VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
VIII. STAFF REPORTS – City Manager & Law Enforcement
IX. 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.
X. 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 – September 2022
2. Financial Statements – August 2022
3. Law Enforcement Report – September 2022
City Council Meeting Agenda: 10-11-2022 Page 2
XII. DISCUSSION/ACTION AGENDA ITEMS
1. Unmet Transit Needs Public Hearing.
2. Discussion/Decision regarding Councilmember Appointment to the Water Advisory Committee.
3. 2022 General Election Update.
XIII. FUTURE AGENDA ITEMS
XIV. ADJOURNMENT
APPROVAL OF MINUTES FOR:
AUGUST 23, 2022 CC2
SEPTMEBER 13, 2022 CC
Supporting Documentation follows with: 4 PAGES
08-23-2022 City Council Meeting Minutes Page 1
MINUTES OF THE SECOND REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, AUGUST 28, 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 was absent. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Deputy Clerk Anton Souza, Project Manager Jennifer Hakenen, City Planner Trever Parker, .
Approximately (6) zoom participants were present online at the beginning of the meeting, and (6) present in the audience.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF THE AGENDA
Motion (West/Tuttle) to approve the agenda as amended, moving Discussion 4 to first on the agenda. Passed unanimously.
IV. APPROVAL OF MINUTES
May 10, 2022 cc, May 24, 2022 cc2, June 14, 2022 cc, June 28, 2022 cc2, July 19, 2022 scc closed session.
Motion (West/Tuttle) to approve minutes as submitted. Passed 3-0.
V. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: HTA converting to hydrogen bus fleet, and beautification projects underway. Trails Advisory Committee met and discussed improving trail access and signage throughout the City, including up Trinidad Head.
VI. STAFF REPORTS - None
VII. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Jim Belak – Trinidad
Galindo/Van Wycke Street resident concerned with paving today. Should get timely notices out to residents.
Mike Morgan – Trinidad
Submitted public comments in writing, included in the public record. Stop wasting tax dollars on the lawsuits.
Support businesses, not knocking them down.
VIII. CONSENT AGENDA
1. Financial Statements – June 2022
2. Law Enforcement Report – July 2022
3. Voting Delegate Bylaw Amendment Recommendations for the League of CA General Assembly Meeting.
4. Master Services Agreement Task Orders 3 & 4, Bypass Flow Telemeter Integration, and LSAA Compliance Reporting.
Motion (West/Tuttle) to approve the consent agenda as submitted. Passed unanimously.
VI. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Terms of Drinking Water System Emergency Intertie Agreement MOA Between the City of Trinidad and Westhaven Community Services District.
City Manager Naffah explained that as directed by Council on December 14, 2021, staff has been working to develop an Emergency Intertie Agreement (Agreement) with Westhaven Community Services District (WCSD) for Council and WCSD Board approval. On July 14, Council authorized the Mayor to sign the Interim Agreement (July version). The WCSD Board did not approved this version in July. The City and WCSD met again on August 9 and discussed several additional items requested by WCSD. An amended Interim Agreement was drafted for review and approval by the WCSD Board and City Council. The WCSC Board unanimously approved this amended interim agreement on August 17. This amended Interim Agreement (August 12 version) is being presented to City Council for review and possible approval.
The Interim Intertie Agreement includes provisions for constructing and operating the Emergency Intertie through the useful life of the intertie facilities. Design, permitting, and construction of the Emergency Intertie is 08-23-2022 City Council Meeting Minutes Page 2
being funded by Multi-benefit Drought Relief Program (MBDRP) funding from the Department of Water Resources (DWR) Grant Agreement 4600014620, executed June 20, 2022.
The emergency intertie will consist of a water line connecting two water systems that allows one water system to provide water to another system during an emergency, provided water is available from the supplying agency. The Emergency Intertie facilities include pipes, valves, fire hydrants, a pump station and possibly a back-up generator. When the project agreements are in place, initial project tasks include design, environmental documentation and permitting, with construction of the emergency intertie scheduled for summer 2023. This project has been funded by DWR to address immediate and near-term impacts of the drought, and the grant has tight timelines so getting the project underway soon is important.
The amended agreement includes revisions regarding 1) inclusion of a clarification regarding conservation measures to be implemented during activation of the emergency Intertie and 2) construction cost sharing.
Conservation Measures: Intertie Agreement item 8.d describes emergency notifications during activation of the emergency intertie. The amendment provides the reference to the WCSD Ordinance Section 6 and City of Trinidad Water Shortage Contingency Plan stage 4 which would be implemented during activation of the emergency intertie.
Cost Sharing: The Intertie Agreement item 3 outlines what would happen if the cost of construction exceeded the grant budget. “In the event that costs exceed the budgeted funds for the construction contract provided through the MBDRP Grant, the parties will reduce scope of project while still accomplishing objectives and/or seek additional funding. If there is still a funding shortfall, the clause specifies how the additional costs” would be shared. The version approved by Council on July 12 specified a 50%-50% spilt of construction costs.
WCSD has proposed a cost sharing proportionally. The rational is because the Westhaven water system is smaller than the Trinidad water system, Westhaven proposed apportioning construction cost overruns based on respective annual water sales:
“…the additional funds required to complete construction (construction contract only) shall be apportioned between the City and District 50%-50% according to their respective most recent relative annual water sales.
Thus, for example, if City annual water sales revenue were twice that of District, then the sharing of cost overruns would be 66.66% City: 33.33% District.”
Using the proposed proportional cost sharing based on annual water sales, in a hypothetical situation sharing costs during the current year, last years’ annual water sales would be used to calculate the %: City of Trinidad would pay approximately 59%, and Westhaven would pay approximately 41%, based on last year’s annual water sales.
Hypothetical
situation for
cost sharing
this year.
FY 21-
22 Water
Sales
Total
water
sales
Proportional
share of
cost
overruns
during FY
22-23
City $318,925 / $537,384 = 59.35%
WCSD $218,459 / $537,384 = 40.65%
The amended Agreement is being presented as interim so the grant funded Emergency Intertie Construction Project can get started as soon as both WCSD and City have approved the interim agreement. This amended interim agreement is a first step, leading to the final version of the agreement. It is anticipated that the final agreement will be available for WCSD Board and Council review and approval in September or October.
08-23-2022 City Council Meeting Minutes Page 3
Public comment included:
Paula Levine – Trinidad Water Customer
40 years is way too long for this agreement. The City will tie into Humboldt Bay Water before then. “Emergency” should be carefully defined.
Mike Morgan – Trinidad
60/40 split sounds more reasonable. They have the most to gain here. Why are they trying to get the City to pay more now? How much is the difference? We should have that information before committing.
Council comment included:
Ladwig: This is not an agreement for regular use. It is for emergency situations only. It also will increase the fire protection in Westhaven.
West: When will we get more details? It would be helpful to know more before finalizing the details, but I’m ok with the agreement as proposed.
Motion (West/Ladwig) to authorize the Mayor to sign the amended Interim Emergency Intertie Agreement between City of Trinidad and WCSD to construct, operate and maintain an emergency intertie. Passed unanimously.
2. Discussion/Decision regarding Appointment of Councilmember to the Tsurai Management Team.
The Tsurai Management Team (TMT) has two representatives from the City Council. Jack West is one representative, but the other position has become vacant. Ideally the Council can appoint another representative since Jack is unavailable to attend the upcoming TMT meeting on August 26th from 10 am-12 pm.
There was no public comment.
Motion (Tuttle/West) to appoint Ladwig as the City’s representative to the Tsurai Management Team. Passed unanimously.
3. Discussion/Decision regarding Appointment of Two (2) Councilmembers to Mediation Between the City and Tsurai Ancestral Society.
Continued to the next meeting when the full Council is present.
4. Conduct Short-Term Rental License Lottery for Applicants on the Waitlist through October 2021.
Discussed first on the agenda, City Manager Naffah explained that the Short-Term Rental (STR) Ordinance calls for a wait list and lottery to fill vacancies. There are currently two vacancies in the Urban Residential (UR) zone.
The City will follow the procedure stated in the STR Ordinance:
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, 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.
Mayor Ladwig spun the wheel and drew the following numbers associated with the names on the wait list from a professional bingo wheel, in the following order:
1. Jason Gabriel
2. Sherry Provolt
3. Kim Elliott
4. Lisa Koerner
08-23-2022 City Council Meeting Minutes Page 4
5. Randy and Kathy Patterson
6. Alex and Rachel Thompson
Public comment included:
Sherry Provolt – Trinidad Property Owner
I do not approve of this process. I support families in the community. I have been on the STR waitlist for 5 years. First come, first serve is the most appropriate process.
City Manager Naffah explained that in the event the first 2 waitlist applicants do not secure a license within the time allowed, or meet the minimum requirements following receipt of the license (such as minimum nights rented in the application cycle), the next number in line will receive the opportunity to submit an application.
Should the first two applicants receive a license and meet the minimum requirements to keep their license, the remaining names will go back into the pool for the next lottery in the future.
5. 2022 General Election Calendar Update.
City Clerk Adams presented the current election calendar and provided the following update:
City Council Seat Election: As of August 23, all of the preparation deadlines have been 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 deadlines 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
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 completely up and running.
Information item only. No decision was made.
ADDITIONAL CLOSING PUBLIC COMMENTS RECEIVED
Jim Belak – Trinidad
Galindo Street traffic has been heavy over the past several weeks. Signage on Edwards Street is confusing.
There is a Harbor sign on Edwards that is hidden behind a tree. Please revisit signage so traffic isn’t diverted to Galindo.
Paula Levine – Trinidad Water Customer
Regarding PWA Task Order #3, see written comments submitted, included in the public comment packet. PWA states that the City has been out of compliance with LSAA since the Plant has been in operation. I’m not happy with PWA. It has been a one-way street. The Council doesn’t listen. Let someone other than PWA do the job.
08-23-2022 City Council Meeting Minutes Page 5
FUTURE AGENDA ITEMS
- Redraft the lottery process for STR Waitlist
- Underground Utility Feasibility.
- Election Documents Online
ADJOURNMENT: 7:01pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
09-13-2022 City Council Meeting Minutes Page 1
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.
II. 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.
VII. 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 packet. Coleman Engineering, the City’s contracted, licensed Water Plant Operator, is moving to a time and materials contract now that Sina Soleimany has been hired by the City as the Chief Plant Operator in training.
Naffah also provided updates on several drinking water grants, and also the Luffenholtz Creek flow rate.
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.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Appointment of Two (2) Councilmembers to Mediation Between the City and Tsurai Ancestral Society.
City Manager Naffah explained that The City of Trinidad v. Tsurai Ancestral Society lawsuit is in mediation. The City Attorney is requesting that the City Council appoint two Council Members to represent the City along with the City Manager. Two vacancies exist since Richard Clompus and Dave Grover have resigned from the City Council. The next scheduled mediation dates are September 19-20.
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.
2. Presentation/Discussion regarding the Circulation Element of the General Plan Update. 09-13-2022 City Council Meeting Minutes Page 2
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 LCP 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.
Jacque Hostler-Carmeson – Trinidad Rancheria
Apologized for missing an opportunity for consultation. Harbor Trust application made by the Rancheria has been approved by the BIA but an appeal has been filed. The Tribe is discussing pedestrian improvements in the Harbor Area, and looking for grant funds to pave the parking lot. Also working on a $20-40 million dollar project to bring water to the Rancheria, and working staff level with the City would be a great place to start.
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 3
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 agency—the 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 HCD’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 required by state laws.
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.
4. 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 properties that were being sold, short-term rentals, and those that were interacting with the City for building and development permits.
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 functioning as designed.
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 4
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 5
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
CONSENT AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Staff Activity Report – September 2022
City Manager’s Report October 11, 2022 Meeting
Candidates and Measure P Forum:
On October 18th at 7 pm at Town Hall, the League of Women Voters will moderate a Candidates Forum for the 4 City Council candidates for the November election. A Forum addressing Measure P will follow at approximately 8 pm. Residents can submit questions to the League in advance at [email protected] or at the event.
Stormwater Project:
A Well Contractor will install a monitoring well in the parking lot which is the last part of the project and should be completed in the next few months.
Water System:
On October 4th, the reading at Luffenholtz Creek was at 2.0 cfs which is twice the readings from a year ago. Water customers are still encouraged to conserve water.
GR Sundberg will fix the last known water leak at Saunders Plaza. Staff has been able to curtail the leak. The water systems overall water loss has been brought down to a manageable 20% level.
The Water Resource Control Engineer from the State Water Resources Control Board will be visiting the water plant in late October or early November.
For the Water Tank and Waterline Replacement Project, GHD is scheduling required field work with internal staff for wetland delineations as well as subconsultants for survey, geotechnical, and cultural resources studies. The field work is starting this month and will be completed by yearend. The environmental documentation and CEQA process has begun with an Initial Study Mitigated Negative Declaration (ISMND) expected to satisfy CEQA requirements. The Coastal Development Permit (CDP) application is expected to be one of the longer lead times for environmental clearances and is anticipated to be submitted in January 2023. The preliminary design will kick off once the survey and geotechnical work is completed. Design of the replacement facilities will continue into 2023. Bidding is planned for Spring of 2023 and construction for Summer of 2023.
To: Trinidad City Council
From: Becky Price-Hall, Project & Grant Coordinator
Date: October 6, 2022
Re: September 2022 Project and Grant Report
This September 2022 Project and Grant Report reflects an unexpectedly large number of grant funded projects. Here’s a little quiz to keep you on your toes:
• Which project was identified in 2008 and is still in progress? • Which funding cost more in staff time to complete the paperwork than was being offered for road maintenance?
• Which grant helps the City bring the Housing element into compliance? • Which grant helps the City to reduce carbon emissions by keeping organics out of the garbage? • Which grants were completed in FY 2021-22?
• Between January 1 and June 30, 2022, the City entered into grant agreements for how many grant dollars:
o $885,000
o $7,897,042
o $21,504,925
Current and recently completed grant projects
SB 2 Planning Grant (Fund 213)
Funder: California Department of Housing & Community Development Grant Term: 9/3/20 – 9/15/23 Grant Amount: $160,000
Project Description: This SB2 Planning Grant funding is being used to bring the City’s Housing Element into compliance with State requirements. It will also be used to develop Accessory Dwelling Unit and other regulations to encourage affordable housing that will be compliant with both HCD and Coastal Commission requirements. Tasks include a parking study, Housing Element administrative tasks, ADU administrative tasks, ADU design and procedures, and grant administration.
Project Status: $103,936 has been spent as of 6/30/22, approximately 65% of the grant budget. • Task 1: Parking counts continued to be collected and entered into the project spreadsheet. The parking inventory was updated to account for changes that occurred as a result of the Trinity St. pedestrian improvement project and the City's stormwater project. Some work on the draft report also occurred.
• Task 2: Staff researched ways to continue implementing policies and programs of the housing element beyond the SB2 and LEAP grants. City staff attended a webinar on updates to state housing laws. City staff participated in REAP discussions and put together an initial proposal to utilize the City's allocation of REAP funds.
• Task 3: City staff corresponded with Coastal Commission staff regarding the draft ADU ordinance and provided updates to the City Council and Planning Commission. • Task 4: City staff corresponded with Coastal Commission staff regarding the draft exemptions and administrative permit regulations and provided updates to the City Council and Planning Commission.
Local Early Action Program (LEAP Grant) (Fund 214)
Funder: California Department of Housing & Community Development Grant Term: 1/4/21 – 8/30/23 Grant Amount: $65,000
Project Description: This grant provides funding assistance to develop housing element policies and procedures that promote and accelerate housing production to meet the City’s Regional Housing Needs Allocation (RHNA). The grant will help the City meet state requirements to streamline approval of affordable housing through development of policies, design standards, plans and incorporating these into the housing and zoning ordinances. Tasks include housing related updates of the zoning ordinance and policies for reasonable accommodation and water use procedures and ordinance.
Status: $9,984 has been spent through 6/30/22, approximately 15 % of the grant funds. • Task 1: City staff finalized a zoning ordinance amendment to implement programs within the City's housing element, noticed it and brought it before the Planning Commission for public hearing. It was also brought to the City Council for initial review after the Planning Commission recommendation and prior to a first reading of the ordinance.
• Task 2: Staff prepared a Reasonable Accommodation ordinance modeled on other ordinances that have been certified in the Coastal Zone. A staff report was prepared, and it was brought to the Planning Commission for initial review at their September meeting but was continued to the October meeting due to lack of time.
• Task 3: City staff discussed strategies and potential resources for housing outreach. • Task 4: Staff began preparation of a Water Efficient Landscape Ordinance. Staff also conducted research into programs, permit requirements and ordinances from other communities that regulate and monitor water use.
New! Local Coastal Program Update Project #3 (Fund 215) Funder: California Coastal Commission Project Term: 6/20/2022 – 12/31/2025 Grant Amount: $200,000 City Match: none Project Description: This grant will fund completion certain tasks for the Local Coastal Program Update.
The Cultural and Historic Resources Element and the Safety Element will be completed. A visitor serving facilities study and a build-out analysis will be completed. Several previously completed studies will be updated. The implementation plan (IP) portion of the LCP, which includes the zoning, grading, building, and subdivision ordinances will be updated. Portions of these ordinance updates have already been drafted, but the zoning ordinance, in particular, still needs a substantial amount of work. In order to ensure tasks are completed in a timely manner, the City will employ additional staff resources for all tasks. The tasks will include coordination with Coastal Commission staff as well as public outreach and public hearings.
Project Status: This project was just started in late June. Council authorized the City Manager to sign the agreement for services with contract City Planner SHN in July. • Task 1: Letters were prepared and sent to Tribal entities inviting them to participate in reviewing and revising a draft cultural resources element of the general plan. Also, City staff reviewed and updated an older draft of the cultural resources element.
New! CalRecycle SB 1383 Assistance Grant (Fund 216)
Funder: CA Dept. of Resources Recycling & Recovery
Project Term: 9/1/2022 – 9/2/2024 Grant Amount: $20,000 City Match: none Project Description: The CalRecycle SB 1383 Assistance Grant will provide funding support to address implementation of regulatory requirements associated with SB 1383. The City is participating in the HWMA Organics and SB1383 Compliance Program which will develop a Compliance Roadmap, develop capacity for organics processing and collection, edible food recovery, procurement, and analysis of waste management structure.
New! CRRSAA Funds (Coronavirus Response and Relief Supplemental Act of 2021) Completed! Funder: Caltrans Grant Amount $985
Grant Period: 1/7/22 – 9/26/22 involving submittal of six (6) Caltrans forms Project Status: This funding paid for purchase of STOP thermal roadway markings to replace worn STOP markings.
Downtown Trinidad Pedestrian & Connectivity Improvements - Completed! (Fund 523) Funder: Caltrans STIP Regional Improvement Program
Project Term: 10/18/18 – 6/30/22 STIP Grant Amount: $550,000 City Match: $46,666 Project Summary: The Downtown Trinidad Pedestrian and Connectivity Improvements Project removed accessibility barriers and extended new safe and accessible pedestrian routes (in accordance with the Americans with Disabilities Act of 1990) along portions of Patrick’s Point Drive and Trinity Street. This includes the parking stalls next to the tennis court and new curb ramps.
Status: $596,666 was spent including $550,000 in grant funds, and $46,666 in match funds paid from the City’s Gas Tax & other transportation funding. The construction project is completed and the project will be closed out as of 6/30/2022.
Storm Water Management Improvement Project Phase 2 (ASBS Storm Water Project) Project Term: 9/1/17 - 9/30/23
Primary Funder: State Water Resources Control Board Prop 84 Storm Water Grant Program - Fund 528 Grant Budget: $4,833,000
$2,841,100 has been spent to date, approximately 59% of the Prop 84 Grant budget.
Match Funder: US Department of Agriculture – Fund 527
Grant Match Budget: $536,994
$536,994 in project costs has been reimbursed and the USDA grant is being closed out.
City Match: $12,747 was spent to date from (FY 2016 to FY 2019) for pre-grant project development.
Project Summary and Background: This is the final phase of the ASBS Storm Water project to eliminate the storm water discharge into the Trinidad Bay (Area of Biological Significance or ASBS) at Launcher Beach by constructing LID improvements along Underwood, Edwards, Ewing, and at the beach parking area. This project was identified in the 2008 Integrated Coastal Watershed Management Plan.
Project Status: The major components of the project construction were completed in August and the discharge pipe into the Trinidad Bay Area of Special Biological Significance (ASBS) was removed.
Stormwater runoff onto the streets is now treated and infiltrated in underground infiltration chambers on Edwards St, Ewing St in the beach parking lot and in conjunction with bioswales on Underwood and Hector Streets. City Staff and GHD have been working with the Regional Water Quality Control Board and Water Boards on permitting requirements now that the discharge into the ASBS has been eliminated.
Project activities/effort for the period 7/1/22 to 9/30/22 Month of July
The Contractor (GR Sundberg) completed work on stormwater improvements on Ewing, Underwood and Edwards Street. Work involved excavation to install the Contech treatment systems and HDPE pipe for the infiltration galleries. Stormwater improvements were also installed on Galindo Street by rerouting the stormwater lines from the Marine Lab across Edwards and down Galindo Street into the existing stormwater collection system. The stormwater outfall was also abandoned by capping the outlet pipe and filling with cement slurry.
Work in the parking lot was also completed with the installation of the Contech treatment systems and HDPE pipe for the infiltration galleries. New water lines were also installed on Edwards, Van Wycke, and Lighthouse Road. Paving of Ewing, Underwood, Edwards, and the parking lot was completed.
The Contractor also completed the work of separating the seawater from the stormwater collection system at the Marine Lab. A new potable water line was installed at the Marine Lab in addition to a new meter and isolation valve. Paving within the Marine Lab is complete.
Month of August
The Contractor was finalizing the installation of the stormwater improvements on Ewing, Underwood, and Edwards Street. The installation of below ground treatment systems are complete in addition to the bioswales on Underwood and Hector Streets. Stormwater improvements were completed along Galindo Street with the installation of a new stormwater drainage inlet, AC dikes (curbs), and partial paving of the street to reroute stormwater to the new collection system. The Contractor completed the installation of stop bars and signage on Edwards, Galindo, and Lighthouse Road. The Contractor completed the project closeout punch list and the project is substantially complete.
Month of September
The Project is substantially complete, and the Contractor has demobilized their equipment.
Future Stormwater Project Tasks:
To finalize the project, the Contractor needs to complete the installation of the monitoring well in the parking lot which is anticipated to be completed in the next 3 to 4 months.
A possible additional project component of the Stormwater grant is being planned to design and construct a demonstration project that collects and stored rainwater for outdoor irrigation to reduce potable water use.
Local Roadway Safety Plan - Completed! (Fund 530)
Funder: Caltrans Highway Safety Improvement Program
Project Term: 1/7/21 – 6/30/22 HSIP Grant Amount: $40,000 City Match: $$5,687 Project Summary and Background: This project developed a Local Roadway Safety Plan (LRSP) for Trinidad. The Plan development process provided a framework for organizing safety partners and other stakeholders to identify, analyze and prioritize roadway safety improvements on local and rural roads. A Caltrans compliant LRSP is now required to receive Highway Safety Improvement Program funding.
Project Status: The project is complete. The City Council approved the Local Roadway Safety Plan on January 11, 2022. Total Project Cost was $35,065 has been spent to date, approximately 79% of the budget. There have been two stakeholder meetings and a survey was conducted. The draft LRSP was presented for City Council review in December and for approval in . For additional information, please visit the Local Road Safety Plan page on the City of Trinidad website.
Trinidad Community Coastal Resilience Planning Project (Fund 531) Funder: Ocean Protection Council (OPC) Prop 68 Coastal Resilience Grant Grant Term: Upon Agreement execution to 6/30/2024 Grant Amount: $440,000 Project Description: The project will develop the Trinidad Community Coastal Resilience Action Plan for the benefit of its coastal and marine ecosystems, coastal economy, visitors, and local residents. The City of Trinidad will collaborate with Planning Partners, stakeholders and the public to engage in coastal hazards and coastal resilience planning, and concept design of several implementation projects.
Collaboration and partnerships for coastal resilience will be a foundation moving forward with this planning project.
Project Status: The Grant Agreement was executed in March 2022.
Activities conducted July – September, 2022:
Task 1 Project Management: Staff activities this period included project coordination, grant reimbursement requests and progress reports and communicating with the Grant Manager.
Task 2 Community Engagement & Partnerships: Staff, GHD and SHN (Project Team) have completed writing 90% of the Community Engagement Plan (CEP). The Project Team continued meeting individually with local tribal entities to co-develop engagement strategies for the Planning Partners and incorporated relevant information into the CEP.
Task 3 Integrated Coastal Resilience Action Plan: Work continued on Subtask 3.1 Document Review: the Project Team collected and is reviewing existing climate vulnerability assessments, technical studies, and planning-related documents developed for the City and others for the project study area. The Document Review Task includes the development of the Vulnerability Assessment sections of the Action Plan.
Activities planned for October to December 2022:
Task 2.1 Project initiation is scheduled for completion. Initial meetings with tribal partners are expected to be completed in October. After their completion, the Community Engagement Plan (CEP) initial draft will be finalized. The CEP will continue to be updated as needed. Upon completion of Task 2.1, Task 2.2 will begin. The Project Team expects to host one public meeting during Quarter 3.
Task 3.1 is scheduled for completion with a summary of data collected and reviewed, gap analysis of hazards and development of the Vulnerability Assessment sections of the Action Plan. Tasks 3.2 and 3.3 will be initiated to develop and refine adaptation options for based on the vulnerabilities and community input.
State Parks and Recreation Per Capita Grant Allocation (Fund 533) Funder: California State Parks & Recreation
Project Term: 7/1/21 – 12/31/2023 Grant Amount: $177,952 City Match: none Project Description and Status: This is an allocation from State Parks. The City receives funding for approved projects up to the allocation of $177,952. The City has an approved project to make improvements to the Racquet Courts and install a water bottle filling station. This funding program has complicated requirements so it has been challenging for the City to identify and move forward with projects. $2,530 has been spent as of 6/30/22 for planning work on the Racquet Court improvement project.
New! Guardrail, Pedestrian Crossing and Edgeline Safety Improvement Project (Fund 532) Funder: Caltrans Highway Safety Improvement Program (HSIP) Cycle 10 Grant Term: 1/5/2022 to 12/1/2023 Grant Budget: $796,800 Project Goals: Enhance pedestrian routes and improve roadway safety.
Project Description: The project includes three components:
1. Curb ramp and sidewalk replacement/upgrades, installation of rectangular rapid flashing beacons (RRFBs), curb/driveway extensions, and signage & striping at the following three (3) locations:
Location 1: Main Street at View Avenue
Location 2: Edwards Street at Hector Street
Location 3: Edwards Street at Galindo Street
2. Upgrade existing guardrail systems, end treatments and signs, and install vegetation control mats at the following two (2) locations:
Location 1: Scenic Drive, south of Langford Road
Location 2: Patrick's Point Drive, north of Ocean Avenue
3. The installation of edgelines and improved striping and signage along roadways at the following three (3) locations:
Location 1: Trinidad Frontage Road, from N. Westhaven Drive to End Location 2: Stagecoach Road, from City Limits to Main Street Location 3: Westhaven Drive, from City Limits to Trinidad Frontage Road Current Project Status:
• The 60% plans and estimate, and draft CEQA NOE were completed and provided to the City for review in August 2022.
Next Steps:
• Finalize and record the CEQA NOE - expected in Oct 2022 • Request R/W Allocation following CEQA clearance - expected in Nov 2022 • Advance design to 90% PS&E - expected in Dec 2022
• Clearing right-of-way: the project will require an encroachment permit from the County of Humboldt, and a Permit to Enter and Construct for driveway conform work outside the City’s right-of-way.
New! Trinidad Water Storage Tank and Pipeline Replacement Project (Fund 606) Funder: Department of Water Resources (DWR) Small Community Drought Relief Program Project Term: 3/4/22 to 6/28/2024 Grant Amount: $5,079,090 City Match: None Project Description: The project includes replacing approximately 7,500 ft of leaky AC water mains and an existing 150,000-gallon redwood water storage tank with a new 300,000-gallon steel water storage tank to help the community stop the loss of water during the current drought. This will make the community’s water system more reliable and drought resilient.
Project Status: The project is underway. Project files have been set up and the first invoice and report was submitted to the funder in August. An agreement for services was executed with the contract City Engineer in September.
GHD is coordinating with and scheduling required field work with internal staff for wetland delineations as well as subconsultants for survey, geotechnical, and cultural resources studies. The field work is scheduled starting this month and will be completed this calendar year. The environmental documentation and CEQA process has begun with an Initial Study Mitigated Negative Declaration (ISMND) expected to satisfy CEQA requirements. The Coastal Development Permit (CDP) application to the County is expected to be one of the longer lead times for environmental clearances, with the application anticipated to be submitted in January 2023. The preliminary design will kick off once the survey and geotechnical work is completed. Design of the replacement facilities will continue into 2023.
Bidding is planned in spring of 2023 with construction in summer of 2023.
New! Intertie and Tank Drought Relief Projects (Fund 607) Funder: Department of Water Resources (DWR) Multi-Benefit Drought Relief Grant Program Project Period: 3/19/22 to 3/1/2025 Grant Amount: $2,000,000 City Match: None Description: This grant funds two projects with funding for overall grant administration.
Project 1 Trinidad-Westhaven Emergency Intertie $1,856,600 Westhaven Community Services District will be the project lead for planning, design, and construction of the Emergency Intertie construction project. The City will be the Grant Administrator, with GHD, the Contract City Engineer, will be responsible for review and concurrence of the project plans, specifications, and engineering documents or calculations provided for review. SHN, the Contract City Planner, will be responsible for review and concurrence of environmental documents, permitting applications, and environmental compliance.
Project 2 Water Storage Resiliency Project $73,400
This grant provides a small amount of funding for the Water Storage Tank being replaced under the Small Community Drought Relief Program grant (above).
Grant Administration $70,000
The grant administration funding supports administrative tasks including financial management of both projects, compiling and submitting grant invoices and progress reports.
Non-grant (general fund) Projects and tasks assigned:
• MS4 Permit (Stormwater Discharge Regulations) & Area of Special Biological Significance (ASBS):
The annual report is being prepared for submission by the October 14 due date. • Trinidad Bay Watershed Council: Organize the quarterly Watershed Council Meeting on August 18 to discuss upcoming projects in the area and to hear watershed partner updates. The next meeting will be scheduled for a date later this month.
STAFF REPORT SUPPLEMENTAL
Date: Tuesday, October 11, 2022
Background Info: In light of the drought affecting the State, there has been concern among residents regarding how the City of Trinidad is responding to the Governor’s Order calling on all Californians to do their part by reducing consumption.
The City Manager is updating the Council with regular Luffenholtz Creek flow readings, which seem to be better overall compared to this time last year. To put into perspective how Trinidad’s water consumption is measuring up to the demand to reduce use, the following data is being shared.
The amounts represent the total water sold, captured by 323 customer meters, measured in cubic feet (7.48 gallons = 1 cubic foot).
July 2019 282,552 cubic feet
July 2020 275,612
July 2021 251,168
July 2022 198,081
August 2019 307,500
August 2020 273,992
August 2021 269,771
August 2022 227,681
September 2019 238,316
September 2020 302,614
September 2021 227,831
September 2022 216,470
October 2019 188,075
October 2020 230,430
October 2021 203,176
October 2022 ?
November 2019 211,649
November 2020 198,813
November 2021 204,438
November 2022 ?
There was a 5% reduction in water sold from August to September. Water loss in the system was 16%. Comparing September individually on a year-by-year basis, total consumption (total water flowing through meters in cubic feet, or Water Sold) has decreased.
We will continue to monitor consumption in the months ahead and report this information to the Council for review, comparison, and questions at each Council meeting through the low-flow months.
CONSENT AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Financial Statements – August 2022
CONSENT AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Law Enforcement Report – September 2022
DISCUSSION AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Unmet Transit Needs Public Hearing.
DISCUSSION AGENDA ITEM
Tuesday, October 11, 2022
Item: ANNUAL UNMET TRANSIT NEEDS HEARING
Background: Each year HCAOG conducts citizen participation process to assess unmet transit needs within Humboldt County. The public is invited during this hearing to express their opinion, solutions, complaints, or suggestions regarding Humboldt County’s public transportation systems and/or general unmet transit needs.
Recommended Action: Open the public hearing, receive comments, and forward to HCAOG.
Attachments:
- HCAOG summary letter.
August 19, 2022
To: City Managers/County Administrative Officer
North Coast Tribal Transportation Commission
McKinleyville Municipal Advisory Committee
Manila Community Services District
RE: Unmet Transit Needs Annual Process – Public Hearings Every year, as established by the California Transportation Development Act (TDA), the Humboldt County Association of Governments (HCAOG) is required to conduct a citizen participation process to identify any “unmet transit need” (UTN) in the region. This process is required prior to allocations of TDA funding in the following fiscal year. All comments deemed to meet the definition of an unmet transit need will be analyzed and reviewed by HCAOG’s Social Services Transportation Advisory Council (SSTAC) to determine if the need is “reasonable to meet.” Comments that are operational in nature are forwarded to transit operators.
The attached document includes a summary of the TDA rules, use of Local Transportation Funds, role of the citizen participation process, and adopted definitions and criteria used to determine if a need is reasonable to meet.
The HCAOG Board of Directors will hold a public hearing on Thursday, November 17, 2022. Though not required, we encourage your agency to also conduct a public hearing between the timeline of October 3rd through the end of November. We also request that you forward us a record of all comments received. Comments will be discussed by the SSTAC at their February 1, 2023 meeting prior to the UTN Report of Findings review by the SSTAC and HCAOG Board in April and May 2023.
Please provide your meeting date to Stephen Luther at
[email protected] by Wednesday, September 14, 2022, to allow us to meet publishing and posting requirement deadlines. HCAOG will publish an ad in the either the Times Standard or the North Coast Journal which will include a schedule of all hearing dates and times. Either I or an SSTAC representative will join your meeting to provide information or answer any questions. Thank you for your assistance.
Enclosure
ec: City Clerks
Sincerely,
Stephen Luther
Associate Regional Planner
HCAOG
Regional Transportation
Planning Agency
611 I Street, Suite B
Eureka, CA 95501
707.444.8208
Fax: 707.444.8319
www.hcaog.net
Members:
City of Arcata
City of Blue Lake
City of Eureka
City of Ferndale
City of Fortuna
City of Rio Dell
City of Trinidad
County of Humboldt
HUMBOLDT COUNTY ASSOCIATION OF GOVERNMENTS
Regional Transportation Planning Agency
Humboldt County Local Transportation Authority
Service Authority for Freeway Emergencies
611 I Street, Suite B
Eureka, CA 95501
(707) 444-8208
www.hcaog.net
Citizen Participation Process for Assessing Unmet Transit Needs Transportation Development Act
The Humboldt County Association of Governments (HCAOG) is responsible for allocating Transportation Development Act (TDA) funds within the region. The TDA provides two major sources of funding, Local Transportation Funds (LTF) derived from a ¼ cent of the general sales tax and State Transportation Assistance Funds (STAF) derived from a tax on diesel fuel. Together, these TDA funds provide a significant revenue source for public transit in Humboldt County. The Unmet Transit Needs process is carried out annually to identify and evaluate any potential needs that are not being met through existing public transportation services. HCAOG is required to assess unmet transit needs prior to allocating LTF money for non-transit purposes, while STA is programmed to the Humboldt Transit Authority and Arcata and Mad River Transit.
Each jurisdiction has their own LTF account. Eureka and Arcata use the entirety of their LTF allocation for transit purposes. The County of Humboldt, Cities of Fortuna, Rio Dell, Blue Lake and Trinidad have funds remaining after paying their share for eligible transit uses. In these cases, the TDA allows LTF to be applied to local streets and roads budgets, including pedestrian and bicycle projects. In Ferndale, there are no eligible public transit services and the LTF allocation is applied to non-transit purposes.
Public Process to Make a Finding
HCAOG’s Social Services Transportation Advisory Council (SSTAC) leads the UTN process. Although only one hearing is required, public meetings are held to ensure residents in each jurisdiction are heard. The SSTAC considers all public testimony and input, determines if the suggestions meet the adopted definition of an unmet transit need and applies adopted criteria to determine if the need is “reasonable to meet”.
After comments close on December 31, the SSTAC will consider all the comments at their meeting on February 2023, direct staff on any needs to further analyze, and in April 2023 forward one of the following findings to the HCAOG board for consideration:
(a) there are no unmet transit needs; or
(b) there are no unmet transit needs which are “reasonable to meet”; or (c) there are unmet transit needs, including those that are “reasonable to meet” Potential Impacts to Local Transportation Funding
If HCAOG adopts finding (c), then the unmet transit needs shall be funded before any allocation is made for non-transit purposes (i.e. streets and roads) within the jurisdiction.
Funds for new or expanded transit services can be set-aside from sources other than TDA funds. For instance, in 2018 the HCAOG Board voted to set aside Low Carbon Transit Operations Program (LCTOP) funds for late-night weekday service on the Redwood Transit Service. The service was found based on ridership at that time to be an unmet transit need reasonable to meet, but could not be funded due to insufficient Local Transportation Funds available to all required entities. When COVID hit and ridership plummeted, these LCTOP funds were repurposed to support free fares.
Examples of Past Public Input and Findings
As a result of UTN findings in 2015-16, new transit services began to Tish Non-Village (Bear River Rancheria) and along Old Arcata Road. Both services were discontinued after two years because not enough people used the new service to sustain it.
Public comments often ask for later night service, Sunday service, more frequent peak service between McKinleyville-Arcata-Eureka, and bus service to rural communities.
Based on existing ridership, each of these fail to meet the required 10% farebox return ratio -- meaning there are not enough projected transit riders to meet minimum performance criteria necessary to sustain the services. If these conditions change, the Humboldt Transit Authority does not need a formal UTN finding to start new services.
Comments received through this annual process can provide valuable feedback to transit operators. For example, in 2021 several people commented that they needed a westbound bus stop near Titlow Hill for their children to get to school in Arcata on the Willow Creek Intercity line. The operational request was sent to Humboldt Transit Authority and HTA was able to set up a trial flag stop for use during the school year. Not all operational requests can be accommodated, but agencies make every effort to respond. In addition, public comments made during the Unmet Transit Needs process can be beneficial as a record of community need and help secure grant-funded opportunities such as first-last mile mobility solutions to expand access to transit.
Opportunities for Public Comment on Unmet Transit Needs • The form linked at the project page: https://hcaog.net/documents/unmet-transitneeds or visit the survey directly at https://bit.ly/humboldttransit • At one of the advertised public meetings;
• Written comments and/or feedback gathered from staff during direct outreach; • Comment submittals by email or telephone: [email protected]/444-8208
U N M ET T R AN S I T N E ED S
D EF I N I T I ON & R E AS ON A BL E T O M EET C R I T ER I A Unmet transit needs are, at a minimum:
(1) Trips requested from residents who do not have access to public transportation, specialized transportation, or private transport services or resources for the purpose of traveling to medical care, shopping, social/recreational activities, education/training, and employment; or
(2) Proposed public transportation, specialized transportation, or private transport services identified in the following, but not limited to: a Transportation Development Plan, Regional Transportation Plan, Coordinated Public Transit–Human Services Transportation Plan.
HCAOG Plans can be found at: http://hcaog.net/library
Additionally, unmet transit needs do not include:
❖ Improvements funded or scheduled for implementation in the next fiscal year. Two potential new services that will be reevaluated this year are:
• Express bus service between McKinleyville and Eureka during peak hours • Late Night Weekday Service on the Regional Transit System ❖ Minor operational improvements or changes such as bus stops, schedules, and minor route changes. Minor operational improvements are changes to service which do not affect the operating cost of the transit service either by requiring additional staff and/or additional vehicle hours of service or miles of service. ❖ Trips for primary or secondary school transportation
❖ Sidewalk improvements or street and road needs
Reasonable to meet criteria:
(1) To be considered “reasonable to meet”, a service must be operationally feasible and financially sustainable, as defined below:
a) The service must have adequate roadways, and must be safe to operate. b) Enough money should be available from identified sources of funding to pay for the marginal operating costs of the service continuously for three years. (2) The service must be projected to meet a minimum “marginal farebox-return-ratio” of 10 percent within 2 years. If multiple competing services are requested, other factors may also be considered such as estimated subsidy per passenger trip and passengers per vehicle hour of service. For new service, ridership and farebox-return-ratio thresholds will be considered.
(3) Pursuant to the requirements of TDA Statutes (Public Utilities Code Section 99401.5c, a determination of needs that are “reasonable to meet” shall not be made by comparing unmet transit needs with the need for streets and roads, for the allocation of TDA funds. (4) Once a service is determined to be "reasonable to meet" and is implemented, it can be expected that the ridership in the first 1-2 years of the new service will be less than the projected optimal ridership. Ridership should be evaluated at 6-month intervals to determine if service is meeting performance standards adopted by the transit provider, and specifically, whether the service meets a minimum 10 percent marginal fareboxreturn-ratio. If the service is being adequately promoted and fails to be within 60 percent of the identified standards after six months, 90 percent with the first year, or 100 percent within two years, the service may be cancelled and deemed "no longer reasonable to meet." An exception to this rule is when a community or group is willing to participate in sharing the ongoing cost of the new service.
DISCUSSION AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Discussion/Decision regarding Councilmember Appointment to the Water Advisory Committee.
DISCUSSION AGENDA ITEM
Tuesday, October 11, 2022
Item: Discussion/Decision regarding Second Councilmember Appointment to the Water Advisory Committee.
Background: The Water Advisory Committee was established by Resolution 2021-02.
Committee membership consists of (2) City Council members, (1) Planning Commissioner, (2) City of Trinidad water customers.
Councilmember Cheryl Kelly took over the position left by former Councilmember Richard Clompus in January 2022.
The current vacancy occurred when former Councilmember David Grover resigned in July.
Recommended Action: Consider Councilmember appointment to fill the vacancy.
Attachments:
- Water Advisory Committee Resolution 2021-02.
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 - 02
A RESOLUTION AUTHORIZING THE WATER ADVISORY COMMITTEE
WHEREAS, the City has an obligation to assure that clean and potable water is available for the residents, businesses, visitors, buildings, and properties of the City of Trinidad; and WHEREAS, the current source of water provided to the City of Trinidad is from Luffenholtz Creek which can be impacted by drought, climate change, and other stream users; and WHEREAS, the City of Trinidad desires to explore supplemental sources of water to create resiliency; and WHEREAS, the City of Trinidad desires to improve its water infrastructure including storage and distribution; and
NOW, THEREFORE BE IT RESOLVED, the Trinidad City Council hereby forms a Water 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 water needs of the City, 2) analyze potential options of water sources and infrastructure, and 3) assist the Council in pursuing waterrelated opportunities including funding.
2. OBJECTIVES: Committee objectives include; 1) provide a public forum to address and discuss water concerns and solutions, 2) assist the City Manager and Public Works Department in addressing waterrelated issues, 3) make balanced and informed recommendations to the City Council on ways to improve the supply of water, and 4) report to the Council regularly.
3. COMMITTEE MEMBERSHIP: The Water Advisory Committee will consist of (2) City Council members, (1) Planning Commissioner, (2) City of Trinidad water customers. The Council Members and the Planning Commissioner shall vote and select one of their own to serve as the committee Chairperson.
4. TERMS OF OFFICE: The Council Members and the Planning Commissioner will hold two-year terms.
5. MEETING DATES: The Water Advisory Committee will meet monthly or on an as needed basis (either more or less frequently depending on need).
6. STAFF ASSISTANCE: City Staff will provide agenda preparation, notification, and outreach assistance to the Committee. The Water Advisory 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. Technical assistance from City Staff (Water Plant Director, Engineer, Planner) will be provided by request on an as-needed basis.
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 by the City Council on the 11th day of May, 2021 by the following vote:
Ayes: West, Clompus, Davies, Grover
Noes: None
Abstain: None
Absent: Ladwig
Attest:
_________________________ _________________________
Gabriel Adams Steve Ladwig
City Clerk Mayor
DISCUSSION AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. 2022 General Election Update.
DISCUSSION AGENDA ITEM
Tuesday, October 11, 2022
Item: 2022 General Election Update
Background: Humboldt County Election Department has mailed the Voter Information Guide, and the City, in partnership with the League of Women Voters is hosting a Candidate Forum on Tuesday, October 18, at 7:00pm.
The candidate forum will feature a moderated question/answer session, followed by a discussion regarding Measure P, the City’s ballot measure proposal to increase the Tourist Occupancy Tax from 8% to 12%. Opponents and proponents of Measure P will be given the opportunity to make statements and/or respond to questions.
Tuesday, November 08 is election day. Trinidad Union School is the polling place for voters who wish to submit their ballots at a precinct.
Recommended Action: Update only.
Attachments:
- None