02-13-2024 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, FEBRUARY 13, 2024 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Tuttle, Ladwig, West, and Breckenridge. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Administrative Assistant Anton Souza, Project Manager Jennifer Hakenen, Grant Coordinator Becky Price-Hall, Grant Administrator Angela Cather, and City Engineer Steve Allen. Staff in attendance by video-conference:
City Planner Trever Parker. Approximately (6) participants were present by video-conference, and (22) were present live at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION – No closed session
IV. RECONVENE TO OPEN SESSION – No closed session to report on.
V. APPROVAL OF THE AGENDA
Motion (West/Kelly) to approve the agenda as amended, moving Discussion 3 to first on the list. Passed 4-0.
VI. APPROVAL OF MINUTES – 01-09-2024 cc, 01-23-2024 ccpcstr Minutes will be reviewed at the March 12 regular meeting.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: Trails Committee meeting was pushed to February 20, and postponed again until April due to schedule conflicts. State Park workday is planned for February, but might get postponed due to inclement weather.
HCAOG discussed project budgets.
Kelly: Announced upcoming Water Advisory Committee meeting scheduled for March 05, 5pm. Congressman Huffman toured Scenic Drive last week. Supervisor Madrone looking for funding opportunities to support ongoing maintenance efforts.
Tuttle, Breckenridge, Ladwig: Nothing to report.
VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet, including Mercer-Fraser award for Tank and Pipeline project, Coastal Resiliency meeting, Occupancy Tax revenue, STR permit renewal process update, Trinidad Chamber mixer, film projects occurring in the area, May Celtic Fair, and that Water Plant Operation information requests will be addressed at the upcoming WAC meeting.
HCSO Lt. McCall summarized annual calls for service stats. City Manager Naffah requested information regarding the dog attack reported in Eureka, from the same owner/animal that was responsible for the incident in Trinidad that resulted in physical injuries last year.
Quarry Road/Mill Creek Lane resident (and dog attack victim) Ted Pease asked for follow up from McCall as well. Pease submitted a public record to the City last week describing a recent incident reported in Eureka involving the same owner, Mark Brodell, and his dog Claudia that viciously attacked and mauled a family member on their property. The victims have not heard from law enforcement at all since the attack, and there needs to be accountability and consequences.
Lt. McCall confirmed that citations were issued to the dog owner, but he left Trinidad without notifying County Animal Control. The City of Eureka Police Department is handling the current attack details. I have not received any updates from EPD.
Mayor Kelly requested follow up from HCSO on the issue.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) 02-13-2024 City Council Meeting Minutes Page 2
Diane Stockness – Trinidad
Listened to Ted Pease. I’d like to start a petition in Town Hall to get signatures from people that want the Eureka Police Department to press charges against the owner of the vicious dog. We need to stand up as a community and help our neighbors. Are we getting anywhere with the Community Ambassador program? Janine Volkmar – Trinidad Area Resident
Announced the upcoming Valentine’s Day event presented by the Civic Club.
Sherri Provolt – Trinidad Property Owner
Unfamiliar with the second reading process for Ordinances. Concerned about one element of the Ordinance up for the second reading, specifically on page 62.
X. CONSENT AGENDA
1. Staff Activity Report – January 2024
2. Financial Statements – December 2023
3. Law Enforcement Report – January 2024.
4. Second Reading of Ordinance 2024-01; Updating the CA Coastal Commission certified version of the City of Trinidad Zoning Ordinance, Title 17 of the Trinidad Municipal Code for consistency with the codified version of the Zoning Ordinance and reaffirming and correcting previous amendments that were not submitted to the Coastal Commission for certification.
Sherri Provolt pointed out packet page 62, Section 17.16.080, Cultural Resources. Regarding specific soil or use disturbances, “except for a fence to protect burial grounds…” this statement may have to be referred back to the Tsurai Management Team and include the Yurok Tribe and or the Coastal Conservancy.
City Planner Trever Parker explained that no substantive changes are being proposed. The intent of this is only to update code section numbers and grammatical changes.
For the record, Provolt requested that the Yurok Tribe needs to be included.
Parker noted that 17.17.020 should include A-E, not just A.
Motion (Ladwig/West) to accept the second reading with the City Planner’s recommended amendment.
Passed unanimously.
5. Second Reading of Ordinance 2024-02; Correcting and reaffirming codification of the City of Trinidad Zoning Ordinance
6. Authorization to Award Construction Contract for HSIP Cycle 10 Project HSIPSL-5036(016) to RAO Construction Co, Inc.
Motion (West/Breckenridge) to approve the consent agenda as amended, pulling Discussion 4 to respond to questions. Passed unanimously.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Resolution Honoring Volunteer Fire Chief Tom Marquette for 30 years of service, and Introducing new TVFD Fire Chief Shawn Worth.
Mayor Kelly read the resolution aloud, thanked Marquette for his service, and presented him with a plaque honoring his service. The Council expressed shared support and appreciation.
Tom Marquette thanked his wife and family for allowing him to volunteer.
Public comment included:
Bryce Kenny – Trinidad
I served for 20 plus years with Tom. He went to big and small fires, Prisoner Rock fire, births, deaths, and everything in between.
Dick Kieselhorst – TVFD Assistant Chief
Served with Tom for 13 years. You don’t know what it’s like to haul a 400 man out of a second story building with Pomeranian dogs biting your legs. It’s been a pleasure serving with Tom. My favorite story is that one night 02-13-2024 City Council Meeting Minutes Page 3
the phone rang and Tom answered. The lady said her cat was stuck in the tree. Tom asked how much it weighed. The lady asked why that mattered. Tom said, “it depends on what size water hose I need to bring.” J Diane Stockness – Trinidad
I’ve watched Tom walk to the Fire Department for many years. Then he got a bike. Then he got an electric bike.
My son volunteered with him as a teenager. Thanked him for his service.
Jan West – Trinidad resident and Civic Club member
Thanked Tom for all he’s done for the town, and in partnership with the Civic Club.
City Manager Naffah introduced incoming TVFD Chief Shawn Worth. Worth is currently the Westhaven Fire Chief, volunteering there for nearly 30 years, and happy to now serve the City of Trinidad and help Tom retire.
The Council adopted the resolution by consensus, thanked Marquette, and welcomed Worth to the TVFD.
2. Discussion/Decision regarding Appointment Confirmation of Elizabeth Hinojosa from the Trinidad Coastal Land Trust to fill the Vacant Seat on the Trinidad Trails Committee.
Mayor Pro-Tem West introduced Elizabeth Hinojosa, and explained that the Trinidad Coastal Land Trust nominates her as their designated representative on the Trails Committee.
As per the Trinidad Trails Advisory Committee Resolution, the City must formally recognize and appoint new members. Action taken by the Council will confirm the appointment.
The Trails Committee is now currently operating without 1 member; (1) General Public Representative.
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 Sherri Provolt (1) Tribal representative of the Trinidad Rancheria Trina Matthewson (1) Tribal representative of the Tsurai Ancestral Society Kelly Lindgren (1) Visitor Services/Business Community representative Elizabeth Hinojosa (Trinidad Coastal Land Trust) There was no public comment.
Motion (West/Kelly) to approve the appointment of Elizabeth Hinojosa to fill the Visitor Services/Business Community representative position on behalf of the Trinidad Coastal Land Trust. Passed unanimously.
3. Discussion/Decision regarding Letter of Support for Trinidad Rancheria RAISE Grant for the 101 Trinidad Area Access Improvement Project.
City Manager Naffah explained that the Rancheria requests a letter of support for the RAISE grant funding they seek for the continued development, planning, design and engineering of the US 101 Trinidad Area Access Improvement Project. Letters of concern have been received by the City asking the Council to not support this grant since several alternatives are still being considered.
Public comment included:
Elaine Weinreb – Co-Chair of Friends of Westhaven
We’ve been following this project closely and believe it will gravely impact our community. There is an email plea in the meeting packet for the Mayor’s support. I hope it wasn’t given. Why send a letter of support when you don’t know what option has been selected? Wait until February 20 when the Rancheria provides this information at a public meeting. Deadline for the letter of support is February 28.
Bryce Kenny – Trinidad
Echoed Weinreb’s comments. If you look carefully at the project justification details, it says Scenic Drive between the City and the Casino is unsafe. That is not true. The south part of Scenic is unsafe, not the north part. Slight-of-hand is being used to support a tremendous amount of public fund spending. The Rancheria 02-13-2024 City Council Meeting Minutes Page 4
claims their lands need to be reconnected. This is misleading and borders on dishonest. The Rancheria land on the east side of the freeway was acquired after 1962 when the freeway was built. Think carefully before you condone that “whatever you call it”. The golden ring here is to increase the patronage of the Casino, and we’re being dragged into the middle of it. This area should be known for it’s natural splendor, not a Casino.
Hold off on any endorsement until you know which option you’re supporting… even if it ends up being “no” option.
Sherri Provolt – Trinidad Area Resident
I agree with the prior comments. Too early to support this. Plans proposed will change how we enter the town. Keeping a small-town feel is what we need. What the Rancheria wants does not align with what the City wants. What is the benefit to the City? What are the traffic safety statistics? Will this help? What’s the purpose? Where is the data to support these changes? Public outreach needs to be done to all City residents. Vote based on what your citizens want.
Geoff Proust – Trinidad Area Resident
Interesting to hear this request with only 2 weeks before the deadline. I have similar feelings with Bryce Kenny that our area is known for the small-town vibes and environmental beauty. Go slow on this.
Ted Pease – Trinidad Area Resident (Zoom)
Agree with prior commentors. Interchange would be an enormous change for Trinidad. Not enough talk about this. Too many unknowns.
Dick Bruce – Trinidad
Echo prior speakers. The main objective of the interchange is to service the Casino and Hotel. No economic benefit to the City of Trinidad. In fact, it will cause economic decline due to potential lost tax revenue. The RAISE Grant helps sponsors to complete critical freight and passenger infrastructure projects.
Council comments included:
West: I support the Rancheria, but after hearing what I’ve heard tonight, I’d like more information from the Rancheria about this.
Breckenridge: I attended the last public meeting hosted by the Rancheria. The ideas proposed seemed good to me initially, but after public comments tonight I feel more information is needed. Tuttle agreed.
Ladwig: The timing is such that we won’t be bringing this back before the deadline. Agree with other Councilmembers that more information is needed, and I hope to attend the Rancheria meeting on the 20th.
Kelly: The Rancheria has been a great partner with the City. We come to these meetings with open minds, and I feel that a round-about could be a nice improvement and Scenic Drive can be safer. However, I appreciate the public comments and can’t find a way to support this without more info.
Motion (Ladwig/Kelly) to seek more input at the February 20 meeting hosted by the Trinidad Rancheria to make a more informed decision about this request for a letter of support. Passed unanimously.
4. Stormwater Project Recap
City Engineer Steve Allen presented the history of the project, the purpose, timeline, geotechnical science and data collected, construction phases, team members, lessons learned, and acknowledgements.
Grant Administrator Becky Price-Hall thanked GHD for their support, and also thanked late Mayor Chi-Wei Lin for embracing the project after receiving the first letter from the State Water Board.
Council questions included:
Tuttle: Is there water quality data from before/after? Price-Hall explained that initial water quality data was collected in the beginning, and monitoring samples have been taken throughout the project. Sampling data is part of the final project report.
Council thanked staff for all the work.
Presentation item only. No decision made.
02-13-2024 City Council Meeting Minutes Page 5
5. Continued Discussion/Decision regarding the Preliminary Draft Accessory Dwelling Unit Ordinance.
City Planner Trever Parker explained that this item was continued from the January CC/PC/STR meeting, and recapped that for a number of years, State law has required local jurisdictions to approve Accessory Dwelling Units (ADUs) that meet certain standards. As the State housing crisis continues and housing goals have not been met, the State has further curtailed local jurisdictions’ ability to restrict ADUs.
There is one particular area that City and Coastal Commission staff would like to get input on, and that is whether STRs of any type are allowed in either the ADU or primary dwelling (§ 17.54.060.H). The Planning Commission discussed this at their November meeting, and there was no consensus. The Planning Commission requested input from the STR Committee in particular. The CC/PC/STR meeting in January did not reach any conclusions. The Council requested additional time to consider it.
The focus of this meeting should be on the issue of STRs in relation to ADUs. Any deliberations and recommendations should be specific to STRs. There has not been much public attendance at the Planning Commission meetings, and additional public input on the entire ADU ordinance is desired. Background on the entire ordinance is included below, and people are welcome to comment on any aspect of the ordinance for future Planning Commission consideration. Under state law, ADUs meeting certain standards are not allowed to be STRs, and for other ADUs, a local jurisdiction may prohibit them from being STRs.
Coastal Commission staff feel that ADUs must be prohibited from being full-time STRs. In addition, there are several examples of ADU regulations in LCPs that prohibit both the ADU and primary unit from being STRs (including Humboldt County). Some Coastal Commissioners have pushed for that, but not all. There is also the option to allow ADUs (and/or primary units) to be STRs only with approval of a use permit, which is the same as for ADUs that don’t meet all the standard requirements.
Trinidad has allowances for Homeshare and Resident STRs. Homeshare STRs are where the resident rents out a bedroom in their home while they are home. Resident STRs are where someone lives in their home most of the year but can rent the entire house for up to 60 days while they are gone. Except that ADUs should not be rented as Full-time STRs based on state law, Coastal Commission staff did not have a consensus about whether to allow other types of STRs should be allowed.
It can be argued that with Trinidad’s caps on STRs, housing is already protected, and new ADUs would not result in additional STRs. Resident and Homeshare STRs could increase affordability of housing in Trinidad for residents and encourage the creation of ADUs. In summary, the following questions in relation to ADUs and STRs should be considered:
1. Should the primary unit be allowed to be a Full-time STR?
2. Should Full-time STRs be allowed in an ADU subject to approval of a use permit?
3. Should Homeshare or Resident STRs be allowed in ADUs and/or the primary unit, and if so, with or without a use permit?
Council questions included:
Kelly: Thinking through the scenarios help me. If I own a residence and build and ADU, then turn it into an STR, there would be no next housing gain. If I’m an investor with a home in Trinidad, then build an ADU, there’s a net housing gain. I support number 1. I don’t support 2 and 3.
Parker noted that State Law says ADU’s with ministerial permit exemptions are not allowed. If a Use Permit is issued, it’s likely that the ADU could be used as an STR. That’s my current understanding.
City Manager Naffah agreed with Kelly’s preferences. The fundamental point is to create long-term housing.
Tuttle: STR committee noted there was an overall STR cap that makes prohibiting ADU’s as STR’s unnecessary.
Kelly: The spirit of the ADU is for creating month-to-month housing, but the ordinance needs to stand on its own.
Parker noted that overall STR cap only applies to full-time STR’s, not Homeshare or Resident categories. ADU’s are capped at 36 based on water and septic capacity assessments. 02-13-2024 City Council Meeting Minutes Page 6
West: Agree with Kelly’s preferences. JADU’s may be looked at differently.
Parker noted that JADU’s are basically carved out of an existing house, not something built separately.
There was no public comment.
Motion (Kelly/Ladwig) to direct the Planning Commission to move forward with the following preferences:
1. Should the primary unit be allowed to be a Full-time STR? (UNANIMOUS YES)
2. Should Full-time STRs be allowed in an ADU subject to approval of a use permit? (UNANIMOUS NO)
3. Should Homeshare or Resident STRs be allowed in ADUs and/or the primary unit, and if so, with or without a use permit? (UNANIMOUS NO)
Council may consider revising their position if the Planning Commission develops the ordinance and arguments that challenge the direction given tonight.
6. Consider Update of City Dog Ordinance.
City Manager Naffah explained that Supervisor Madrone recently indicated that the County’s priorities have shifted, moving their Dog Ordinance revisions to the back burner. The City was hoping to align the vicious dog ordinance sections with the County’s since they provide Animal Control Services to the City, and to streamline responses to incidents. The City has performed outreach, posted signage, and considered wide-range marketing using radio media.
Council questions included:
Breckenridge: I’m hoping to increase awareness, through licensing perhaps, of the need to report aggressive dogs to the City to target enforcement efforts. Septic Sue was a great example of raising this awareness in a creative way.
Kelly: Concerned about enforcement. Ordinances seem strong.
West: We have police and security staff that can issue tickets when they see leash law violations occuring.
Public comment included:
Ted Pease – Trinidad Area Resident, Dog attack victim
Thank the Council for spending time on this issue. The leash law had nothing to do with attacks by the dog, Claudia. A negligent human was to blame. Enforcement is as much of a problem for the State, County, and the City. The property owner is liable for the attack that happened to us. The City could fine the property owner.
This is an enforcement mechanism. Another place this is a problem is on the beach and trails. Public safety can be improved if enforcement occurs at those locations. Visiting dogs are typically the problem, not resident dogs.
Fines would be good, if incompetent, irresponsible owners can be identified. It’s the County’s fault for not doing something about Claudia last year and letting her move to Eureka without notification. Consider creating a competent City panel or Committee, empowered to evaluate specific cases, that can be referred to the Council, or County Animal Control for further consideration.
Council comments included:
Breckenridge: Aggressive dog reporting should be received by the City in a safe and welcoming manner.
Ladwig: Consider including the County’s vicious dog hearing process in the City’s Ordinance as another tool to control this problem.
Kelly: Agreed with Ladwig. Increase awareness, harden the ordinance, develop a panel to evaluate cases, and bring back the topic for more discussion and development.
City Manager Naffah will bring this to the City Attorney and CIRA’s attention for additional advice, and return with further action for Council to consider.
02-13-2024 City Council Meeting Minutes Page 7
7. Telephone Carrier of Last Resort Obligation (AT&T Landlines) City Manager Naffah explained that the City was notified at the end of January that AT&T had filed an Application for Relief from Carrier of Last Resort throughout the State of California for the provision of telephone landlines. This impacts all of Humboldt County except for the City of Ferndale which is served by Frontier Communications. A Notice of Pending Regulatory Application is before the California Public Utilities Commission (CPUC). An online public forum is scheduled for March 19th at 2pm and 6pm. Letters can also be sent to the CPUC.
Public comment included:
Sherri Provolt and Patti Fleschner recommended sending the letter.
Motion (Kelly/Ladwig) to direct the City Manager to draft a letter and send it to the CPUC opposing an Application for Relief from Carrier of Last Resort by AT&T. Passed unanimously.
8. Introduction/Presentation of the 2024 General Election Year Calendar.
City Clerk update on the upcoming election year deadlines.
Presentation item only. No decision made.
FUTURE AGENDA ITEMS
ADJOURNMENT: 9:30pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor