04-11-2023 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, APRIL 11, 2023 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Ladwig, West, Tuttle, and Breckenridge. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Grant Director Becky Price-Hall, Grant Administrative Assistant Angela Cather, Deputy Clerk Anton Souza, Project Manager Jennifer Hakenen, and City Planner Trever Parker. Approximately (12) participants were present by video-conference at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION – No closed session
IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF THE AGENDA
Motion (Ladwig/West) to approve the agenda as written. Passed unanimously.
VI. APPROVAL OF MINUTES – 03-14-2023 cc.
Motion (West/Ladwig) to approve as written. Passed unanimously.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Kelly: Private security scheduled to supplement law enforcement will begin service in May. Website update underway. 12-16 week project.
Ladwig: CoreHub purpose is to decarbonize Humboldt County. The organization is making their rounds to all the County agencies and JPA’s. HTA is a leader in the north State to limit carbon emissions.
West: Trail Committee meets next week.
VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet. Introduced Angela Cather, returning to the City to assist with grant administration. Forest Moon Festival will occur in June to celebrate Return of the Jedi filming 40 years ago in the redwood forest.
Community Yard Sale will occur the same weekend. CalPoly Humboldt will be touring the water plant.
Stormwater monitoring well has been installed.
HCSO is fine tuning their stats to show in-city compared to outside city activity.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Janinie Volkmar – Trinidad Area Resident
Witnessed a known resident delivering household trash and recycling into the City receptacles next to the bus stop. Shouldn’t they have to pay for garbage service like the rest of us? Diane Stockness – Trinidad
Met a County Sheriff Deputy this past weekend, who said he would issue warnings and tickets to dog leash law violators. Provided the City Clerk with his contact information.
X. CONSENT AGENDA
1. Staff Activity Report – March 2023
2. Financial Statements – February 2023
3. Law Enforcement Report – March 2023
4. Encroachment Permit Application from the Trinidad Rancheria Requesting Permission to Utilize City Property near the Harbor for Material and Equipment Staging During their Stormwater Management Project.
5. Reject Claim for Damages Submitted by Nicholas Aikin that Occurred on State Highway 101 Outside the City of Trinidad Jurisdiction.
6. Authorize City Manager to Sign GHD Agreement Amendment No.2 to Provide Additional Stormwater Project Engineering Assistance.
04-11-2023 City Council Meeting Minutes Page 2
7. Letter of Support for Assembly Bill 1256 per request from the County of Humboldt.
Motion (Ladwig/West) to approve consent agenda as submitted. Passed unanimously.
X. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Update regarding recent Dog Attack Incident and Actions Taken by the City in Response.
City Manager Naffah explained that recent dog attacks in the City and Trinidad State Beach areas have necessitated a response. After an attack on Kathrin Burleson’s dog by the beach, the pack of Poodles is no longer welcomed to visit the City of Trinidad. After the attack on Ted Pease, his wife and dog, a county hearing was held last week and the dog and owner are no longer living in the city or county.
The City has taken the following actions:
- Sent the attached letter to all residents and water customers to inform them of the concerns re: dogs in the city. That dogs must be on leashes at all times within the city limits. If there are bad behaviors witnessed of dogs in the city, they should be reported to the city so the city can take proactive measures rather than waiting until after a vicious confrontation. Informed residents of neighboring beaches in the county where dogs are permitted off-leash so that those locations can be avoided by those that have sensitive dogs or smaller dogs. Also, noted that additional services in upcoming months of Pacific Coast Security and the Community Ambassadors can assist in informing the public, reporting incidents and enforcing our leash laws.
- Will have signs posted in pet-friendly STR’s informing them of the leash law and that dogs must be leashed at all times in public areas (including sidewalks, streets and beaches). - We have ordered Leash Law signs with our code section that will be posted around town at dog waste bag stations, trail heads and below existing road signs. Some of these signs can remain year-round and some can be posted during summer and fall for added coverage.
Public comment included:
Ted Pease – Trinidad Area Resident, Dog Bite Victim
Provided an update on the offending dog owner, Mark Brodell, who has been evicted from his Wagner Street residence and unresponsive. His dog was first quarantined at his residence, then later at the County Animal Shelter. It was returned to him at the conclusion of quarantine without anyone knowing. Due to lack of formal complaints by neighbors, there was no paper trail on its behavior but the formal hearing following the attack determined the dog to be vicious. This was a tragic event that could have been worse. This is not a leash law issue. This is a case of human negligence. Brenda and I are both sorry to see it come to this. There are many good dogs that play off-leash, and we hope this doesn’t penalize those owners. In the case of Mr. Brodell he’s clearly guilty, and should be held accountable. That’s why he left town. I’m covering all the bills with my credit card.
Steve Madrone – Fifth District County Supervisor
Very unfortunate. It all starts with responsibility. When people disregard rules, there are problems. We see this often on the Hammond Trail. Dog owners have many excuses when their pets roam off leash. I’m working with the Parks Department and Sheriff Honsal to look at the County Ordinance and find loop-holes that need strength.
Unleashed dogs make people uncomfortable for many reasons. We can do better with our ordinance. A vicious dog should not be released back to the owner unless victims and neighbors have been notified. If the neighbors on Wagner Street had filed complaints with the City, would that have helped with the accountability? I’m committed to getting County Department leaders together and work on the existing ordinance to provide better responses, and educate pet owners. Unfortunately, that often helps. A few bad dogs cause restraint on everyone else.
Ladwig: Is there a licensing process for everyone? Could we as a city ask residents to license their pets in multiple jurisdictions? Mayor Kelly explained that it’s based on the primary residence.
Breckenridge: Could our security officers be certified to write leash law violation tickets? 04-11-2023 City Council Meeting Minutes Page 3
West: Regarding consistency across the County (City, County, State) is there a system that works for everyone? Madrone recognized that each jurisdiction has their own regulations.
City Manager Naffah explained that the City will work on developing a formal agreement establishing Animal Control responsibility with the County. We will also ask the security service to inform the public about the leash law, report incidents to the City, and enforce the leash law. Kelly added that increasing awareness is important, as well as reporting bad behavior. The City is committed to enforcement and hardening the Animal Ordinance in general.
Ted Pease – Trinidad Area Resident
Clarified that the offending dog had been licensed in McKinleyville, but the tag expired. Had there been better reporting on the dog’s behavior prior to the incident, Animal Control would have had more discretion. We volunteered at the Shelter for many years and understand how the system works. Discretion may or may not be good, but the City should at minimum formalize the agreement with County Animal Control to handle these situations without hesitation.
Steve Madrone – Fifth District County Supervisor
The vast majority of dog owners and pets are good. Dog parks are places where pet behavior is understood.
Perhaps the City should consider an option that
Janine Volkmar – Trinidad Area Resident
Received a letter from the City recently about the incident and reminding me about the leash law. It was a good start but needs more information. Westhaven residents needs to receive the letter as well. There is often several people living on the same property.
Diane Stockness – Trinidad
Thanked Madrone for all his hard work. Thanked the City for the additional signage and asked if the security service would be writing tickets. Also asked that security be assigned to various hot spots in town.
Council comments included:
Breckenridge: I’m sympathetic and angry this happened, and it cannot happen again. I’ve seen people walking through town carrying tasers. Vicious dogs must be restrained. The ordinance needs teeth and the licensing procedure needs to be improved. A public education program would be helpful too, similar to Septic Sue.
Tuttle: I’m also concerned with visitors unfamiliar with our process. Maybe we could consider establishing leash lending libraries, identifying possible dog park locations, establishing leash-free hours at the beach, or developing a local dog identifying system on the new website.
Ladwig: We should focus on the annual license renewal process to educate everyone. Landlords should be informing tenants with pets of their license obligation.
West: My concern is what happens after a dog attack. Dog owners should be aware of the consequences, and it would be nice if dog owners could be held financially accountable for any damages or medical bills.
Kelly: It is still unclear to the dog owner what the consequences are. The ordinances need hardening and be very clear.
Information item only. No decision was made.
2. Discussion regarding Lot Line Adjustment Application with Trinidad Rancheria to Exchange approximately 1200 sqft of Land with the City of Trinidad for Development of the Rancheria Interpretive Center at the Harbor.
City Planner Trever Parker explained that in August 2021 the Trinidad Planning Commission approved a grading permit and design review for an interpretive center proposed by the Trinidad Rancheria in the Harbor Area to be located where the current bait shop is. A small portion of the project would be located on the City’s Galindo Street right-of-way. This area of City property is already developed and maintained by the Rancheria as part of the harbor facilities. It currently contains a portion of the office shed and is used for storage of various items. As discussed during the Planning Commission hearing, the building could not be moved to avoid the right-of-way due to other existing improvements, including the boat launch and utilities. 04-11-2023 City Council Meeting Minutes Page 4
Because of this, the Planning Commission approval included the following condition: “Prior to construction, the Rancheria will enter into an agreement with the City or obtain an easement, to the satisfaction of the City Attorney, for the use of the Galindo Street right-of-way for a portion of the project.” Also in August 2021, the City Council approved a Permission Letter and Agreement between the City and Rancheria for the portion of the Rancheria’s stormwater improvement project that includes a portion of the Galindo right-of-way. Those improvements include adding permeable pavement to already paved areas. In this case, a new building is proposed, and the City Attorney felt that a similar agreement or easement would not adequately protect the City from liability. Therefore, staff began pursuing a lot line adjustment instead, which would give the Rancheria ownership of the area impacted by the interpretive center. The Rancheria conducted a survey and found that the top of the trail leading from the parking lot to the Trinidad Head access road is on Rancheria property. They have proposed an even exchange of 1,180 sq. ft. of land as shown on the attached map with the Rancheria gaining a portion of the Galindo right-of-way and the City gaining a portion of Rancheria property where the Trinidad Head trail is located.
The lot line adjustment will need to be approved by the Trinidad Planning Commission per §16.24.050 of the City’s subdivision ordinance. As the property owner, the City Council must agree to the lot line adjustment in order for the Planning Commission to take action on it. A lot line adjustment also requires a coastal development permit, which will be processed by the Coastal Commission as part of the Rancheria’s application for the interpretive center.
Public comment included:
Bryce Kenny – Trinidad
Resolving encroachments is a good idea.
Motion (Ladwig/Breckenridge) to authorize staff to process a lot line adjustment application by the Trinidad Rancheria as shown on the map included in the packet, and authorize recordation of the lot line adjustment once approved by the Trinidad Planning Commission and CA Coastal Commission. Passed unanimously.
3. Discussion/Decision regarding Draft Resolution 2023-01; Adopting New Fees and Charges for the OWTS Management Program.
City Planner Trever Parker explained that the Trinidad OWTS Ordinance (#2010-10) § 13.12.080 provides that:
“The City Council, in a manner prescribed by law, may by resolution establish and alter fees, deposits and/or charges for receiving applications, holding hearings thereon, reviewing plans and specifications, reviewing inspection reports, monitoring OWTS and water quality and issuing permits and for performing any other service for maintaining and administering the OWTS Management Program established pursuant to this ordinance.
Said fees shall be sufficient to offset the cost of implementing the Trinidad OWTS Program…” Much of the development of the program and some of the implementation thus far was paid for using grant funds. And the City elected to keep costs down for residents in implementing this new regulatory program. Fees were originally set via the Trinidad OWTS Ordinance Guidelines with the following fees:
• Building Permit Referral: $30
• Project Referral to Health Officer: $50
• Construction / Repair Permits: Current DEH Rates
• Standard Operating Permit: $100
• Nonstandard Operating Permit: $150
• Commercial / Vacation Dwelling Unit Operating Permit: $150 • New System Operating Permit: $50
• Renewal of Operating Permit: $75
• Change in Maintenance Schedule Request: $75
• Permit Transfer: $30
These fees have not changed over the last 13 years while the program was not fully implemented. Now that staff is implementing the program systematically city-wide, it is recommended that the City Council review and revise the fees. The current fees do not generally cover the costs of staff to issue the permit, let alone the time needed to administer the program. Therefore, staff is recommending the City Council approve an increase in fees adequate to cover the City’s costs.
04-11-2023 City Council Meeting Minutes Page 5
Proposed Fees: One of the things that has become apparent in implementing this program is that some OWTS Operating Permits require more time than others. But even a simple permit renewal costs the City more in staff time than is recouped through the existing permit fees. The fee increases are based on the cost of staff time to administer the program and issue permits. This includes maintaining files, reviewing applications, sending letters, and other ancillary tasks. However, it does not include any of the “Septic Sue” educational mailing programs or signage that has been developed as part of the program, nor does it include water quality sampling, which the City has not done in a number of years. The County continues to monitor bacterial water quality in creeks and beaches around Trinidad, though.
Rather than charging a higher rate nonstandard systems and STRs, staff have found that other factors are more important in determining how much staff time it will take to issue or renew a permit. We have broken the permits and renewals into “simple” and “complex” categories. The complex category would include older systems with little to no file information, systems with several permit conditions, and properties with unusual circumstances (sensitive environments, multiple units, etc.). Further information on some of the additional fees is included below.
Table 1: Proposed OWTS Management Program Fees
Residential
New Permits
Simple $200
Complex $250
Renewals
Simple $175
Complex $225
Permit Transfer $100
Change in Schedule $150
Building Permit Referral $75
DEH Referral $150
Late Fee $10/month Discretionary
Commercial
New Permits
Simple NA
Complex $250-$600 Actual costs
Renewals
Simple $200
Complex $250
Permit Transfer $100
Change in Schedule $150
Change in Business $150
Building Permit/Business
License Referral
$75
DEH Referral $150
Late Fee $15/month Discretionary
A permit transfer is a change in ownership. A change in schedule would be in the case that someone makes some changes to their OWTS or how they are using the property (e.g. fewer people living onsite) and requests that their expiration date be extended. The business license or building permit referral would be to the OWTS Administer to determine if any upgrades to the OWTS or modification to the Operating Permit are needed. The DEH referral would be charged to planning permit application (e.g. coastal development permits) that are referred to the Humboldt County Division of Environmental Health, which serves as the City’s Health Officer; that is the fee they should be charging the City. The late fee would be discretionary and would cover the cost of sending additional letters reminding a property owner that their permit is expired.
Every resident in town has been offered the opportunity to integrate into the OWTS Management Program under the current fee structure in 2022. Those who have not responded are being offered one last opportunity prior to fees increasing (proposed to go into effect July 1st). 04-11-2023 City Council Meeting Minutes Page 6
Cost Comparison: While the fee increase may seem significant, Trinidad will continue to have some of the lowest sewage/wastewater disposal prices of any incorporated City or district in Humboldt County, even when factoring in the routine recommended maintenance for a septic system.
An inspection is required at least every 5 years (3 years for nonstandard systems), and permit terms are generally 3-5 years for most systems. Pumping is needed on average (according to Steve’s Septic Service) every 5 to 6 years at an average cost of $595. With a 5-year pumping cycle and 4-year permit term, that equates to an average annual cost of $380. In addition to pumping, that cost includes the $295 inspection fee and proposed $150 OWTS Operating Permit renewal fee every 4 years as well as a $150 annually for cleaning the effluent filter (which you can do yourself for free). Table 2 shows a comparison of some of the local sewer fees in Humboldt County.
Table 2: Sewer Rates
City Annual Rate
Trinidad $381.00
Rio Dell $806.76
Blue Lake $1,080.00
Ferndale $876.24
Arcata $798.48
McKinleyville $428.28 - $878.40
Public comment included:
Bryce Kenny – Trinidad
Will the public be notified if their septic systems are considered complex? Parker explained that will be determined after inspection records are submitted.
There was no Council comment.
Motion (Ladwig/West) to Approve Resolution 2023-01; Adopting New Fees and Charges for the OWTS Management Program. Passed unanimously.
4. Discussion/Decision regarding purchase of GrantVantage Software Subscription to Support Grant Management and Tracking Processes.
City Grant Administration staff members Becky Price-Hall and Angela Cather explained that through the City’s program, the Grant Administrator and Grant Coordinator have assisted with the funding and administration of the City Council’s approved projects and programs, largely within the planning, public works and water system grant projects realms. Oversight of funding and administrative duties all require creating, managing, retrieving and archiving a huge amount of information associated with each project.
Due to the complexity and extensive requirements that each awarded project presents, grant staff has researched software to assist in the administration and management of the City’s 12 active grants spanning over multiple years. Specifically, we’ve sought out systems that specialize in creating a streamlined process for fund management, tracking and reporting. During our research and screening of an estimated 10 different grant management software, along with Quickbooks, we found that GrantVantage was the software that best met our criteria, as most software is geared toward grant funders rather than grant recipients. Not only did GrantVantage meet our criteria for tracking, management, reporting and compliance features, it met our criteria for cost.
Benefits of the Grant Program:
• Improve the City’s infrastructure
• Improve the City’s resilience to drought and other climate change impacts • Increased City’s sustainability
• Increased public engagement/outreach – environmental education • Increased protection of our ASBS
• Increase in relationship building with community-based organizations and partner communities Fiscal Impact: Staff anticipates that the cost of the GrantVantage, including the one-time start-up fee along with the annual subscription would be less than the estimated personnel costs. The projected savings 04-11-2023 City Council Meeting Minutes Page 7
generated by the use of GrantVantage would be an estimated $6,600 and upward. The integrated software provides staff the ability to transfer information using minimal steps, instead of the current cumbersome method of transferring information across numerous spreadsheets and other documents for fund reconciliation, and invoicing. There would be additional time savings for other grant administration tasks but those are more difficult to estimate.
Cost of
Grant
Vantage
Average
Annual Grant
Income (past 8
years)
Start Up Cost
(One time fee)
Annual
Subscription
Cost Total Cost
% of Average
Annual Grant
Income
1st year $1,010,780 $1,500.00 $3,800.00 $5,300.00 0.52% Future
years
$1,010,780
$0.00 $3,800.00 $3,800.00 0.38%
Council questions included:
Ladwig: Does the software subscription provide support, and as someone who will inherit the grant program after Price-Hall retires, what does Cather think? Price-Hall responded yes and explained the support agreement.
Cather added that there were several attractive features that will be useful in the next phase of the City’s grant management program.
Breckenridge: Asked where staff found the software. Price-Hall explained that it was recommended to us after previewing several different options. This one ‘checked all the boxes’.
West: Asked if the City would be locked into this by contract. Price-Hall explained that it could be used on an annual basis and dropped at any time.
Motion (West/Tuttle) to approve purchase of the GrantVantage software subscription. Passed unanimously.
5. Discussion/Update regarding Temporary Closure of the Axel Lindgren Memorial and Parker Creek Trail Beach Access to Old Home Beach.
Mayor Kelly recused herself from the discussion due to the proximity of her home to the Parker Creek Trail.
Mayor Pro-Tem Ladwig explained there are several recommendations made by the Tsurai Management Team related to the significant winter storm erosion. The City is suggesting that the recommendations be brought back for discussion in May and start spending budgeted resources to improve the trail entrances and make them safe. Do we keep the trails closed for another month, or should we open the trails up? Short-term fix using people power and existing materials. Long-term solutions require much bigger discussions.
West: We want to have the trails open as soon as possible, at least by the beginning of the summer season.
What are the Tsurai’s feelings toward opening it up? I’d like to see the Parker Creek trail open first, then find out if there are any resources available to repair the Axel Lindgren Memorial Trail.
Ladwig responded, stating their primary objective is to protect the Village site.
Breckenridge: Can work be done to secure the site and make it safe with the resources we have? Bryce Kenny – Trinidad
Open the Parker Creek Trail tomorrow. There is no danger and there is no liability to the City. Parker Creek trail is in much better condition than most the State Park trails. That’s the nature of the erosion process. The land is always moving. The Management Plan is not the key to keeping the trails open. The focus is protection of the Village site and keeping the Axel Lindgren Memorial Trail’s traditional alignment. Parker Creek Trail closed signs should be taken down tomorrow. The beaches are irresistible. Part of the fun of walking on trails is the challenge getting through.
Tristan Cole - Trinidad
Support opening the trails and remove the temporary closure. People are using the trails anyway. The last few feet of the trail is always scary. The Land Trust is used to rebuilding that section every year. The solution, 04-11-2023 City Council Meeting Minutes Page 8
pending Tsurai input, is not a big engineering scheme. The simpler the better. Rebuild every year(s). Most people walking the trails expect this.
Diane Stockness – Trinidad
Agree with residents Kenny and Cole.
Ron Sundberg – Trinidad Rancheria
The Rancheria requests the opportunity to provide input as well. Agree with residents that trails should be open, but support giving time to develop reasonable solutions to improve safety.
Council comments included:
West: How hard would it be to get the trail repaired? If there is a Management Team meeting tomorrow, it should be communicated that the goal is to have it open by late May.
Breckenridge: We can only delay opening the trails to a certain point. Waiting a month is one thing. Waiting until the trail is repaired is another thing.
Tuttle: People will use it whether it’s open or not. Hope to allow the Tsurai a chance to assist with solutions if they would like to participate.
Kelly: I’m in favor of working with the Tsurai Management Team, and hopeful they’d be ok with the City’s timing expectations.
Ladwig: Take this discussion to the Management Team tomorrow, with the intent to focus on the Parker Creek Trail opening. Bring back the discussion in May with projects to begin supporting.
City Manager Naffah explained that before the May meeting, he would like to begin working on improvements.
The trails repair budget is earmarked for this type of project. Focus on beach access through the Parker Creek Trail.
No formal decision made. City Manager will communicate information collected tonight to the Management Team meeting tomorrow, return to the May meeting with short and long-term plans, and begin the process to reopen Parker Creek Trail by the end of May.
FUTURE AGENDA ITEMS
- Kelly: Dog Ordinance revisions, Community-wide Survey. - Ladwig: Revisit past decision to limit parking overnight on Edwards Street and areas in town. - Traffic Calming suggestions for Ocean & View Streets.
ADJOURNMENT: 8:35pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor