05-09-2023 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, MAY 09, 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, and Breckenridge. Tuttle was absent. 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 (8) 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 (West/Ladwig) to approve the agenda as written. Passed 4-0.
VI. APPROVAL OF MINUTES – 04-11-2023 cc.
Continued to the May 23 meeting.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Kelly: Attended HCAOG meeting. Great redwood trail discussed, and bike month in May.
Ladwig: RREDC meeting heard a presentation from Humboldt Growers Association.
West: Trail Committee met without a full quorum. Discussed concerns about Old Home Beach closure. Trying to have signage out for the summer.
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. Engineers estimate was 2 million under the contractors estimate for the water pipeline and tank project. It will be revised. Another dog incident occurred, this time on East Street. Pacific Coast Security began this week and pointed out many dogs were noticed on leash during patrol. Forest Moon Festival and Taste of Trinidad happening in June.
Breckenridge recommended more outreach is needed regarding dog licensing.
Kelly echoed, stated good neighbor notification with pet regulations would be helpful to distribute.
Ladwig asked how the Water Tank project would be handled. Naffah explained that the City Engineer is looking for ways to reduce cost without compromising the project or limiting the wish list.
HCSO Lt. McCall summarized stats presented in the meeting packet.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Aaron Hakenen – Trinidad Resident
When construction projects go do bid, the City should require that the staging yard behind Murphy’s be fenced and screened. Zoom audio quality should be improved. The town is experiencing several security issues.
Bring traffic calming recommendations back to a future meeting.
X. CONSENT AGENDA
1. Staff Activity Report – April 2023
2. Financial Statements – March 2023
3. Law Enforcement Report – April 2023
Motion (Ladwig/West) to approve consent agenda as submitted. Passed unanimously. 05-09-2023 City Council Meeting Minutes Page 2
X. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision to appoint Two (2) Councilmembers to Participate in a Government to Government Consultation with the Trinidad Rancheria.
Motion Kelly/West to appoint Breckenridge and West to participate in the G2G meeting with the Trinidad Rancheria. Passed 4-0.
2. Discussion/Decision regarding First Reading of Ordinance 2023-01; Adding Housing Related Definitions and Allowable Uses as Required by State Law and the Trinidad Housing Element to Sections of the Zoning Ordinance.
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 three housing-related grants from HCD.
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 special needs, providing information and assistance to residents on housing issues, and improving water infrastructure capacity and conservation.
Zoning Amendments: The first LEAP 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. The amendment was presented to the City Council at the September 13, 2022, meeting. No concerns or requested changes were brought up at that time. The City Attorney has also since reviewed the ordinance amendments, and based on his comments, the definition of single-room occupancy units was revised, and additional conditions were added for home occupations.
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. Coastal Commission staff have reviewed the amendment and did not have any concerns. The reason this did not come to the Council for a first reading sooner was because we are going to send several ordinance amendments to the Coastal Commission at the same time as part of one LCP amendment. This amendment, in particular, is complicated by the fact that the Coastal Commission has not certified the codified numbering system of the City ordinances. That will also be included as part of the LCP amendment. A Resolution authorizing submittal of the amendment will be included as part of the second reading.
There were no comments from the Council or public.
Motion Ladwig/West waive the full reading and adopt the first reading of Ordinance 2023-01 by title only; Adding Housing Related Definitions and Allowable Uses as Required by State Law and the Trinidad Housing Element to Sections of the Zoning Ordinance. Passed 4-0.
3. Discussion/Decision regarding First Reading of Ordinance 2023-02; Amending Chapter 17.08 and 17.58 Reasonable Accommodations to the Trinidad Municipal Code and Coastal Commission Certified Zoning Ordinance.
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City Planner Trever Parker explained that similar to the last zoning ordinance amendment, this one is funded by the City’s LEAP grant, and it further implements the City’s Housing Element.
Reasonable Accommodation: Housing Element implementation program HI-1 directs the City to amend the zoning ordinance to, among other things, add a process for reasonable accommodation requests. Reasonable accommodation is a process by which a disabled person can ask for an exception to zoning ordinance standard(s) in order to have equal access to housing. This is something that has come up as an issue in the past, because the City has no exception process for zoning standards other than a variance, which has limited applicability and is a difficult process.
The Federal Fair Housing Act and the California Fair Employment and Housing Act prohibit discrimination against persons with disabilities and require cities and counties to take affirmative action to eliminate regulations and practices that deny housing opportunities to persons with disabilities. Fair housing laws also require that cities and counties provide persons with disabilities flexibility in the application of land use, zoning, and building regulations, and related practices and procedures, by modifying or waiving certain requirements when it is necessary to eliminate barriers to housing. The proposed amendment would allow for the granting of minor modifications to land use regulations and LCP requirements to give persons with disabilities equal access to housing opportunities.
The amendment would add a new chapter to the zoning ordinance that outlines the process and requirements for reasonable accommodation requests. If a discretionary permit is required as part of the development, then reasonable accommodation request would be processed concurrently with that permit in the usual manner. But a reasonable accommodation request can also be made for projects that would only require a building permit or that would not require any permit. In that case, approval would be given administratively.
A classic example of reasonable accommodation would be a wheelchair access ramp that does not meet setback requirements. Certain findings need to be made in granting the reasonable accommodation request, and conditions of approval can be added. Reasonable accommodations do not run with the land and are generally required to be removed when the disabled person no longer occupies the residence. The regulations are modeled after ordinances adopted in other communities.
Although the primary intent of the amendment is to comply with State and Federal laws related to reasonable accommodations, the proposed language has also considered Coastal Act requirements and has been designed to ensure that any reasonable accommodations granted will not result in impacts to coastal resources, either individually or cumulatively.
The reasonable accommodation ordinance has been discussed at several meetings and recommended by the Planning Commission for adoption by the City Council. It has also been reviewed by the City Attorney and Coastal Commission staff. Based on Coastal Commission staff comments, language was added to §
17.58.020.B.2 that all other permit requirements apply. City staff plan to submit this ordinance amendment to the Coastal Commission along with the housing related zoning amendment just discussed as part of one LCP amendment application, which will also include the City’s already codified zoning ordinance, so the numbering matches the certified LCP.
There were no comments from the Council or public.
Motion Ladwig/West waive the full reading and adopt the first reading of Ordinance 2023-02 by title only; Amending Chapter 17.08 and 17.58 Reasonable Accommodations to the Trinidad Municipal Code and Coastal Commission Certified Zoning Ordinance.. Passed 4-0.
4. Discussion/Decision to Direct Staff to Begin Recruitment to Fill the Public Representative Vacancy on the Trinidad Trails Committee.
City Clerk Adams explained that on February 21, 2023, resident Anita Thompson resigned from the Trails Committee, and Visitor Services/Business Community representative from the Trinidad Coastal Land Trust has changed hands from Carol Van Der Meer to Zoe Zigler.
The Trails Committee is now currently operating without 1 member; (1) General Public Representative. 05-09-2023 City Council Meeting Minutes Page 4
The Committee Membership currently consists of:
(1) City Councilmember (Committee Chair) Jack West
(1) Planning Commission liaison Tom Hopkins
(2) General Public representatives (vacant) / Tim Needham (1) Tribal representative of the Yurok Tribe Has not been participating (1) Tribal representative of the Trinidad Rancheria Trina Mathewson (1) Tribal representative of the Tsurai Ancestral Society Kelly Lindgren (1) Visitor Services/Business Community representative Zoe Zeigler With inconsistent attendance from all members of the committee and concerns regarding achieving a quorum of voting members to move decisions along, this is an opportunity to announce the recruitment timeline for the General Public Representative and reaffirm current all representatives.
Side note: The latest, revised version of the Resolution 2019-13 establishing the Trails Advisory Committee calls for members holding “staggered two-year terms” (See No.4, Terms of Office).
Considering periodic difficulties of maintaining full attendance and full-membership, this condition may need further discussion in the near future. The term “staggered” may need clarification as it relates to each member.
Council comment included:
Ladwig: Sherri Provolt should be able to help find a Yurok Tribal Representative replacement.
Kelly: There seems to be confusion between the Tsurai Management Team and the Trinidad Trails Committee. The Committee has worked hard but unable to get things done.
West: The Tsurai Management Team has made it difficult to move ahead with Trails Committee recommendations. Any help we could get with this would be great.
Public comment included:
Tim Needham – Trinidad resident and member of the Trails Committee The Trails Committee is the place where optimists go to die. What are our goals? The Tsurai Management Plan and Team seems to be a road block. Everything gets deferred to the Team and the Plan has yet to implement one thing.
Council comments included:
Kelly: It may be time to revisit the Trails Committee roles and responsibilities.
No decision was made. Information item only. Recruitment will begin. Letters of interest will be brought back to the Council upon receipt.
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 possible conflict of interest.
Mayor Pro-Tem Ladwig asked City Manager Naffah for a report on the Management Team meetings. Naffah explained a second meeting is scheduled for next week, but there was a site visit with tribal representatives, Fish and Wildlife, Coastal Commission, Engineers, Geologists, and the City Planner. Trail will remain closed until improvements are complete. City Engineer is working with Tsurai to find solutions and improve Parker Creek Trail and protect the area. Jute netting and beach materials have been recommended to help slow erosion and protect the site, along with fencing. The Planning Commission meeting next Thursday will include the CDP for temporary trail closure.
City Planner Trever Parker explained that we’ve had several agency professionals involved, meeting weekly.
Ideas discussed, rejected, and compromise will have to be reached. Coastal Commission staff is supportive of protecting the area, but also opening the Parker Creek Trail by Memorial Weekend. Keeping people away from the sensitive area is the bottom line. Everything on the beach will be temporary and have to be monitored (fencing) sometime after Labor Day and before winter.
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Ladwig: Will cultural monitors be onsite during the work? Naffah responded, hoping monitors are provided by their Tribes since the City will be paying the bill for protective measures implemented.
West: Informal bid received to repair the Trinidad Head steps was over $10k. Construction is expensive and ALMT repairs will get very expensive.
City Manager Naffah noted his concern for storing 300’ of fencing during the winter.
Public comment included:
Patti Fleschner – Trinidad Area Resident
Has Su Corbaly from the Coastal Conservancy been involved in the meetings? Axel Lindgren II wanted to keep the trail open. Does the Ancestral Society want it closed? Naffah explained that yes, Corbaly has been involved in the Management Team meetings when available, along with many other agencies and technical professionals. The Tsurai wants to keep the Trail open, with a modified path. We want the beach to be accessible by Memorial Day weekend.
Aaron Hakenen – Trinidad
The Management Plan requests money for a handrail. Is that still part of the discussion? Update item only. No decision was made.
6. Presentation/Update regarding the FY2023 Budget and Upcoming FY2024 Budget Preparation Timeline.
City Clerk Adams explained that the annual budget is a spending plan that is intended to reflect goals and priorities of the City Council, and to keep up with the increasing pressure of State and Federal policies that set the framework for government operation. Both forces compete for resources, and the balance between mandatory and discretionary spending continues to tilt in favor of mandatory.
Every spending action has the potential to have side effects. Having to react quickly to employment needs, inflation, and social dynamics during the Covid-era has brought subsequent growing pains to City government operations that will demand attention in the coming year, beginning now.
As the 2024 budget process unfolds we will examine what resources exist that can be used to navigate higher government red tape, fine-tune the personnel structure, stay on task with long-term priorities, and meet the growing needs of the city based on current and forecasted economic trends.
The first step to kick-off the 2023-2024 Budget Season is to look back at the Big Picture Summary from the 2023 budget adoption and review the tools used construct the budget every year.
The next step is to take a brief look at the current year – measuring achievements, shortfalls, or deviations in the Council’s spending plan, along with identifying operation changes and/or unexpected revenue windfalls that modified the City’s course along the way.
The primary goals of this preliminary budget meeting discussion are; 1) To examine the financial statements received through March 2022. 2) Review significant highlights in spending (or not spending) and revenues in the primary departments. 3) Plot a course that will lead to an adopted budget by the regular meeting on June 13.
Council comments included:
Ladwig: Would like an update on Resolutions allocating reserve funding.
Breckenridge: Narratives are very helpful.
Kelly: Include supplemental police funding and fire department transitional funding.
West: Would like to see money included for Town Hall improvements. 05-09-2023 City Council Meeting Minutes Page 6
Public comments included:
Aaron Hakenen – Trinidad
Use reserve funding to keep service levels maintained.
Chris Slay – Trinidad
There are very few places in Trinidad for my 2 young kids to play. I’d like to see the city invest in a playground or facilities in public spaces for kids to enjoy.
Elaine Weinreb – Trinidad Area Resident
Will water leaks on Scenic be an ongoing issue? City Manager Naffah explained that the Rancheria has looked into moving the main water line upslope and requesting leak repair funding from IHS.
FUTURE AGENDA ITEMS
- West: Report/Update from Pacific Watershed Associates on current projects. - Kelly: CERT presentation in June.
ADJOURNMENT: 8:25pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor