October 7, 2024
To: Trinidad City Council Public Comments
Re:
1) Axel Lindgren Memorial Trail Presentation/Discussion regarding Axel Lindgren Memorial Trail (ALMT) Conceptual Redesign.
2)Van Wycke Trail 2. Discussion/Decision regarding Appeal of Planning Commission’s Denial to Extend the Temporary Closure of the Van Wycke Trail, CDP#2024-01E
From: Tom Davies and Kathleen Lake
This letter conveys a strong request for the Trinidad City Council to open both of the city trails, the Axel Lindgren Memorial Trail (ALMT) and the Van Wycke Trail (VWT) and respect Coastal Access laws in the state of California.
We greatly appreciated the unanimous decisions by the Planning Commission at the July and September 2024 meetings to deny the continued closure extensions of the “temporary” CDP’s on both ALMT and the VWT (trails). Due to the nature of these requested serial temporary trail closures, with no adequate progress made to reopen either trail, the Planning Commission followed the laws. The Planning Commission was correct in their direction and their decisions. They commented that they did not support the “temporary” closures of either the ALMT or the VWT based on inadequate progress, lack of the trail repair as a staff priority, and the inconsistency with the applicable policies on the Trinidad LCP and the California Coastal Act.
Against the Trinidad Planning Commission’s direction, the City then “appealed” their own decision at the September City Council meeting to again extend the CDP and to close the ALMT trail for another year. Following the City Council decision to appeal the Planning Commission decision, we appealed to the California Coastal Commission within the timeline allowed. On August 30, 2024, the California Coastal Commission Commission Appeal No.
A-1-TRN-24-0035, notified the city of the appeal and the following: Please be advised that the Coastal Development Permit decision described below has been appealed to the California Coastal Commission pursuant to Public Resources Code Sections 30603 and 30625. Therefore the decision has been stayed pending Commission action on the appeal pursuant to the Public Resources Code Section 30623. (please see attached document).
The ALMT has no current CDP for any continued closure. The last CDP for temporary closure ended on August 3, 2024. The CCC stayed the City Council’s decision to allow further closure until a hearing is held. (The City does have a current CDP for “clearing brush” on the ALMT trail, not for continued closure.) However, in apparent direct disregard to this CCC action and notice the City continues to disregard this direction of the CCC and has continued to fence and close in violation of the laws. The ALMT must be opened.
2. Discussion/Decision regarding Appeal of Planning Commission’s Denial to Extend the Temporary Closure of the Van Wycke Trail, CDP#2024-01E.
The City’s concerns about lack of progress in the repairs needed for “public safety” as a condition of opening the trails are not valid. It appears that the VWT issues do not relate to safety issues as has been repeatedly stated since the illegal closure more than five years ago. Following obtaining a CDP after the fact, the City has kept the trail closed with serial “temporary emergency extensions”. Discussions that have occurred “behind the scenes”, as per Mayor Cheryl Kelly, are not a part of public process nor do secret “closed” meetings constitute a legal process for any continued closure of the VWT. It has been reported that Staff apparently continues to work“behind the scenes” in closed meetings with the Coastal Commission, the TMT, and “other stakeholder” entities over the past year. This problem has created a terrible situation with our trails being continuously and illegally closed and with public trust in City officials. Edwards is not a viable alternative for the Van Wycke trail. We must do better as a community and have public information disclosed to the public, as per public meeting, City Policies, State laws, and the Coastal Act.
When Trinidad Planner Parker stated at the last PC meeting, “that tribal representatives and Coastal Commission staff support closure,” of the VWT, we asked the questions; when, where, and with whom these communications occurred? We have received no answers.
Tonight, please ask these important questions as City Council members. Given these communications with the Coastal Commission and the City of Trinidad are always matters of public record, the public, as well as the City Council and the Planning Commission, we must have this information included as a part of the record. If these communications are in email form, by phone call, or any other means they should be a part of the record. If the City Council members do not have this information, why not? Who at the Coastal Commission made this statement, under what context and how did they determine that this would not be a violation of the Coastal Act? Please request all communications between the City of Trinidad and the California Coastal Commission regarding the VWT.
We support the Trinidad Planning Commission decision: Motion (Hakenen/Slay) Based on application materials and information included in the Staff Report, and based on public testimony, I find the project is not consistent with the City certified LCP and other applicable regulations, specifically noting a lack of demonstrable progress towards repair of the trail is not consistent with Policy 64, and I move to deny the project as described in the Staff Report, and as conditioned therein without prejudice. Passed unanimously (5-0).
Continuing any extensions of the CDP’s to allow our trails to continue to be closed have become a regular occurrence by the City and must stop. The Van Wycke Trail must be opened as the Planning Commision has directed and the Coastal Act ensures. Please continue to question, to clarify, and report out as to why the City of Trinidad has not followed public policy and procedures to open the VWT over the past five years.
We are respectfully requesting the following actions tonight:
1) Open the ALMT as there is no current permit for closure. 2) Deny additional extended time on the CDP closure for the Van Wycke Trail based on the lack of progress and Policy 64.
Thank you very much for your service and your time.
Tom Davies
Kathleen Lake
Attached below: CCC Notification of Appeal
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
NORTH COAST DISTRICT OFFICE
1385 8TH STREET, SUITE 130
ARCATA, CALIFORNIA 95521-5967
(707) 826-8950
WWW.COASTAL.CA.GOV
COMMISSION NOTIFICATION OF APPEAL
August 30, 2024
To: CITY OF TRINIDAD
409 TRINITY STREET, PO BOX 390
TRINIDAD, CA 95570
From: Re:
Rebecca Jacobson,
Coastal Program Analyst
Commission Appeal No.
A-1-TRN-24-0035
Please be advised that the coastal development permit decision described below has been appealed to the California Coastal Commission pursuant to Public Resources Code Sections 30603 and 30625. Therefore, the decision has been stayed pending Commission action on the appeal pursuant to the Public Resources Code Section 30623.
DATE APPEAL FILED:
2024-09
City of Trinidad
Continued temporary closure (for one year) of
the Axel Lindgren Memorial Trail due to
unsafe conditions and the need for additional
time to develop both short- and long-term
repair options. Approved with Conditions
APN(s): 042-091-004, 042-091-005
TOM DAVIES & KATHLEEN LAKE
August 26, 2024
The Commission appeal number assigned to this appeal is A-1-TRN-24-0035. The Commission hearing date has not been scheduled at this time. Within 5 working days of receipt of this Commission Notification of Appeal, copies of all relevant documents and materials used in the City of Trinidad's consideration of this coastal development permit must be delivered to the North Coast District Office of the Coastal Commission (California Administrative Code Section 13112). Please include copies of plans, relevant photographs, staff reports and related documents, findings (if not already forwarded), all correspondence, and a list, with addresses, of all who provided verbal testimony.
COMMISSION NOTIFICATION OF APPEAL
A Commission staff report and notice of the hearing will be forwarded to you prior to the hearing. If you have any questions, please contact Rebecca Jacobson at the North Coast District Office. cc: City of Trinidad
Tom Davies & Kathleen Lake
NOTICE OF FINAL ACTION
TO: CALIFORNIA COASTAL COMMISSION
APPLICANT
FROM: CITY OF TRINIDAD, PO BOX 390, TRINIDAD, CA 95570
LOCAL PERMIT # 2024-09
OWNER / APPLICANT: City of Trinidad, P.O. Box 390, Trinidad, CA 95570 AGENT: NA
AP # 042-091-004
PROJECT LOCATION: Axel Lindgren Memorial Trail
The City Council took action on the following project at their regularly scheduled meeting of August 13, 2024:
Trinidad 2024-09: Appeal of the Planning Commission denial of a Coastal Development Permit for continued temporary closure (proposed for one year) of the Axel Lindgren Memorial Trail due to unsafe conditions and the need for additional time to develop both short- and long-term repair options. The final findings, reports, maps and conditions placed on the project approval are attached.
THE CITY ___________ UPHEAD APPEAL AND APPROVED
_____X_____ UPHELD APPEAL AND CONDITIONALLY
APPROVED ___________ DENIED APPEAL AND DISAPPROVED
City Council action on an appeal of Planning Commission action on a Coastal Development Permit, Design Review, Conditional Use Permit and/or a Variance became final when the action was taken by the City Council on August 13, 2024.
The project is _X_ / is not ___ appealable to the Coastal Commission per the City’s certified LCP and may be appealable per the requirements of Section 30603 of the Coastal Act. Final action by the City on an appealable Coastal Development Permit will not become effective until 10 working days after the Coastal Commission receives this Notice of Final Action unless an appeal is filed with the Coastal Commission within that time.
TREVER PARKER, CITY PLANNER, CITY OF TRINIDAD
DATE: August 15, 2024
DISCUSSION AGENDA ITEM
Date: August 13, 2024
Item: Trinidad 2024-09: Appeal of the Planning Commission's denial of a Coastal Development Permit for continued temporary closure of the Axel Lindgren Memorial Trail (ALMT) due to unsafe conditions.
Background
At their July 17, 2024 meeting, the Planning Commission considered and unanimously denied a Coastal Development Permit (#2024-09) for the continued temporary closure of the Axel Lindgren Memorial Trail (ALMT).
The ALMT has been closed starting in February 2023 due to substantial erosion that had occurred over the winter. Since then, staff have been working on solutions for reopening the trail. However, progress has been slow at times for various reasons, and the situation as we understood it has changed somewhat from when the trail was originally closed. Therefore, staff proposed the additional closure to allow more time to develop and implement an effective reopening plan. The existing closure expired on August 3, 2024.
As you know, this is a complex situation in a sensitive area. It is staff’s opinion that the ALMT should not be reopened in its current state, because there is an almost vertical 10-to 12-foot drop at the bottom of the trail where it intersects with the beach. And the City cannot move forward with a repair without approval from the Tsurai Ancestral Society (TAS) (and others) per the requirements and limitations of General Plan Policy 69 and Zoning Ordinance § 17.16.080. However, staff are continuing to work towards and are making progress on an interim repair plan in cooperation with the Tsurai Management Team (TMT).
Planning Commission Action
The Planning Commission denied the continued closure of the ALMT for several reasons. They do not feel that adequate progress has been made to reopen the trail and that reopening the trail has not been adequately prioritized. Under these circumstances, they felt that the closure would not be consistent with all applicable policies and regulations of the Trinidad LCP and Coastal Act. They expressed a desire for the City Council to be more involved and proactive in working towards reopening the trail. The Planning Commission understood that their decision would likely be appealed due to the existing physical limitations on the trail, but they saw this as a path to getting the issue before the City Council. The decision to deny the project was unanimous (5-0). The attached staff report and an excerpt from the draft minutes provide additional details.
Appeal Process
Per Zoning Ordinance/Trinidad Municipal (TMC) § 17.72.100, Planning Commission actions are appealable to the City Council within 10 days of the decision. Therefore, the appeal period ran through July 31, 2024. The Planning Commission’s decision can be appealed by any interested person that submitted either written or oral comments to the Planning Commission on this issue. However, if an appellant can show good cause as to
p. 1
Trinidad 2024-09 Agenda Item Final Report 08-13-24 CC Meeting why comments could not be submitted, they can still file an appeal. The City Manager and City Planner sent a letter to the City Council on July 30, 2024, requesting that the City Council appeal the Planning Commission’s decision.
Mayor Kelly appealed the decision via an email request on July 30, 2024, noting that she had not taken a stance on the project but felt it was important for the City Council to discuss the issue.
The requirements for filing an appeal are as follows:
D. Filing Requirements. Appeals to the planning commission, hearings officer or city council shall be addressed to the appellate body on a prescribed form and shall state the basis of the appeal. Appeals shall be filed in the office of the city clerk within the appeal period provided in TMC 17.72.060. There shall be no fee for filing an appeal.
The city clerk shall determine from the records whether the appellant submitted comments on the issue being appealed to each previous appellate body. Only if such comments have been submitted shall an appeal be accepted, unless the appellant can demonstrate that there were valid reasons why he could not attend the hearings or submit written comments.
Although Mayor Kelly did not speak or submit comments at the Planning Commission hearing, she has spoken with staff about trail issues on numerous occasions and is clearly an interested party. Further, City Councilmembers are generally advised to not speak at Planning Commission hearings unless they have a direct interest in a project as a citizen, because it could interfere with the Planning Commission’s decision-making process and because it could prejudice the Councilmember should an appeal be filed. Therefore, Mayor Kelly is an interested person who can show good cause for not having submitted comments at the Planning Commission hearing and can initiate this appeal.
Additional Analysis
Staff recommends that the City Council uphold the appeal and reverse the Planning Commission’s denial of CDP #2024-09 for the continued temporary closure of the ALMT due to unsafe conditions. Reopening the trail in its current condition would present a significant safety hazard for the public due to the 10 to 12-foot almost vertical drop at the toe of bluff. This is also a potential liability for the City.
Further, the City cannot implement any repairs that would involve soil disturbance or vegetation removal without approval of the TAS due to Policy 69 of the Trinidad General Plan and Zoning Ordinance § 17.16.080, which state in part: “no soil disturbance, removal of vegetation, structural improvements or use shall be permitted unless it has been approved by …the lineal descendants of Tsurai.” The TAS and TMT strongly support reopening of the trail in a thoughtful and sensitive manner.
Although progress towards reopening the trail has been slower than hoped, progress has been made. And the new closure will allow staff additional time to develop a feasible interim repair option. We are proposing a CDP for vegetation removal along the traditional alignment at the bottom of the trail for Planning Commission consideration at the August 21 meeting next week). This will allow staff, the TAS, and other professionals p. 2
Trinidad 2024-09 Agenda Item Final Report 08-13-24 CC Meeting to get a closer look at the actual conditions along this alignment in order to develop a realistic plan to reopen the trail for next summer. A barrier across the bottom of the area of vegetation removal is also proposed to keep people from trying to climb up from the beach that way.
Because (1) the closure is truly temporary, even if long-term; (2) the trail is located in a culturally and geologically sensitive area; (3) the trail presents a public safety hazard in its current condition; and (4) material progress toward developing a proposal to repair and reopen the trail is being made; therefore the project can be found to be consistent with applicable policies and regulations, including Trinidad General Plan Policy 64 and Coastal Act § 30221.
Staff Recommendation
Based on the above analysis, staff recommends that the City Council uphold the appeal and reverse the Planning Commission’s denial of CDP #2024-09 and approve the continued temporary closure of the ALMT for up to one year as conditioned below.
City Council Action
Motion to to uphold the appeal, reverse the Planning Commission's decision, and approve CDP #2024-09 for the continued closure of the ALMT as recommended by staff and with the following stipulations: (1) City will commit discretionary trail funds to the project; (2) dedicate City staff time to search and apply for eligible grants; (3) staff will provide monthly reports and progress assessments to the Council; and (4) set Memorial weekend 2025 as the target for reopening.
Conditions of Approval
1. Because the approval is for a temporary trail closure, the CDP shall expire after one year of going into effect, unless an extension is granted by the Planning Commission based on the need for more time to obtain funding and/or further explore repair and access alternatives if the Planning Commission finds that substantial progress has been made in the interim time period.
Attachments
• Staff’s appeal request
• Mayor Kelly’s appeal
• Planning Commission staff report
• Excerpt from the draft minutes
p. 3
10/7/24, 3:42 PM
https://outlook.office.com/mail/inbox/id/AAQkADkxOWYxMDM1LWY…YtNDA4Zi05MTBhLTY4Y2I3NTgyYTFjMwAQAL70Gbj24HdNklHMMxqqZQk%3D Page 1 of 3 Outlook
Appeal of Planning Commission’s Decision to Deny the Extended Closure of the Van Wycke Trail by Trinidad City Manager Eli Naffah to be heard at the City Council Meeting tomorrow, October 8, 2024.
From Kimberly Tays <[email protected]>
Date Mon 10/7/2024 3:38 PM
To Cityclerk Trinidad <[email protected]>
Hi Gabe,
Will you please submit my comments to the City Council for their meeting tomorrow, October 8, 2024.
Thank you, Kim Tays
*************************************************************************************** Dear Trinidad City Council:
I continue to oppose any extended closure of the Van Wycke Trail (VWT), as the trail has been closed for over 5 years now, and there has been no progress on repairing the existing trail or relocating the trail upslope as a low-impact “goat trail.” I do not wish to re-invent the wheel by writing out why I oppose the continued closure, so I will, instead, include the comments I submitted sent to the Trinidad Planning Commission on September 18, 2024, in which the Commissioners denied the extended closure of the VWT.
Thank you, Kimberly Tays
Dear Planning Commissioners:
I am writing this email to oppose the ongoing extension of the Van Wycke Trail (VWT). I am the citizen who initially appealed the 6-month “temporary” closure of the VWT on November 30, 2020, with the Arcata office of the California Coastal Commission. My appeal was not heard by the panel of Commissioners until September 6, 2023, almost 3 years later. During that time, until my appeal was heard (per the Coastal Act) the VWT was to remain open. However, the City did not heed that Coastal Act requirement and Commission staff did not ask the City to remove the “trail closure” signs, so the trail remained closed even though that closure violated the Coastal Act.
10/7/24, 3:42 PM
https://outlook.office.com/mail/inbox/id/AAQkADkxOWYxMDM1LWY…YtNDA4Zi05MTBhLTY4Y2I3NTgyYTFjMwAQAL70Gbj24HdNklHMMxqqZQk%3D Page 2 of 3 In my November 30, 2020 appeal, I predicted that the VWT closure would drag on and that, effectively, it would become a de facto permanent trail closure. Unfortunately, my prediction is playing out with these repeated 6-month extensions to close the VWT.
I do not wish to restate my arguments against the continued closure of the VWT in this email. Instead, I ask you to please refer to my November 30, 2020 appeal to the Coastal Commission (Appeal No. A-1-TRN-20- 0069), included in the Coastal Commission’s Staff Report (W11a) that was presented to the Commissioners at their hearing on September 6, 2023. It is attached to that Staff Report as Exhibit 6. The following are the Coastal Acts I believe are being violated with the continued closure of the VWT: 30001.5, 30210 and 30214–again.
I also believe Coastal Act Section 30105.5 should be considered by the Planning Commissioners regarding the continued closure of the VWT.
Section 30105.5 - Cumulatively; cumulative effect:
Cumulatively or cumulative effect means the incremental effects of an individual project shall be reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
Combining the (1) serial “temporary closures” of the VWT that have gone on for over 5 years, with (2) the continued closure of the ALMT, with (3) the restricted use of the Wagner Street Trail (WST) and efforts to obscure and/or discourage use of the WST, with (4) future plans by the City and Tsurai Ancestral Society/Yurok Tribe to close the Galindo Street Trail (GST), and there is no doubt the City must consider the serious cumulative effects these continued trail closures, trail restrictions/obstructions and planned trail closures are having and will have on the public’s coastal access in Trinidad.
Trinidad’s trails are very important to visitors and residents, alike. It’s one of the unique things about Trinidad—that you can explore and experience the coastal environment on foot and immerse yourself in the wild, rugged beauty of the North Coast. Now, transition that experience to walking on Edwards Street—a night and day experience. No matter how you package it, Edwards is a busy, dangerous street to walk on.
Even if sidewalks are built, Edwards is still an unpleasant place to walk, due to the noise, smell and threat of walking directly next to traffic, much of which is oversized Diesel trucks.
I am asking the Planning Commission to please deny this extended closure of the VWT and ask the City to do what it can to reopen the trail, possibly by re-routing a “goat trail upslope so that the public can continue to use this trail without fear of being harassed or arrested. We 10/7/24, 3:42 PM
https://outlook.office.com/mail/inbox/id/AAQkADkxOWYxMDM1LWY…YtNDA4Zi05MTBhLTY4Y2I3NTgyYTFjMwAQAL70Gbj24HdNklHMMxqqZQk%3D Page 3 of 3 must save and restore our trails in Trinidad!
Regards, Kimberly Tays
Sent from my iPad