Humboldt County Grand Jury • 2017-2018 • Agency Response
Response to: A Tale of Two Cities

not informed of the final decision,*

Published: August 03, 2018 5 pages
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Findings and Recommendations 6 findings

F1
Trinidad's complaint and appeal process has been slow and inconsistent which has led to confusion and frustration among residents. Response: STN agrees with the Grand Jury's finding: STN would like to make a point of clarification regarding the complaint and appeal process. It is not only that the appellant is "not informed of the final decision," but also that complaints and appeals go entirely unresolved and/or are not addressed in any way by the City despite repeated inquiries by residents about the status of their complaints. In the future, STN requests that all STR complaints and appeals be reviewed by the Planning Commission and City Council in staff report updates at their regular monthly public meetings. STN requests that the Planning Commissioners and City Councilmembers adopt a more active role in the oversight and resolution of STR complaints and appeals. Currently, other than a complaint form buried on the City's website, there are no administrative rules and regulations posted on the City's website, even though STR Ordinance section 17.56.190 (6.26).Q. states: The City Manager will establish administrative procedures for complaints. A copy of such administrative rules and regulations shall be on file in the office of the City Clerk and posted on the City's website. Two requests for this information were sent via email to the City Manager on July 12, and August 2, 2018. No response has been provided to date. (Please see Attachment #1.)
No recommendations for this finding
F2
Lack of compliance to Trinidad's Short Term Rental Ordinance by some Short Term Rental owners and property managers create frustration and animosity in the community. Response: STN agrees with the Grand Jury's finding. A lack of attention to STR problems and ignoring residents' complaints has resulted in undue duress and hardship on the part of residents and has also created a divided and toxic community environment. STN would like to build a relationship with the City and asks that there be regular, publicly-noticed open forums, such as Brown Bag Workshops, to share concerns, suggestions and progress on City STR issues. These less formal and more open meetings would allow increased dialog between City officials and residents and help restore public trust in City governance. This process would reduce the perceived leveraging of STR needs and dollars over and above the needs of the residents by City officials. An Ad Hoc STR Committee was recommended by the City Council in March 2018. As of this time, no further information regarding the establishment of an STR Committee has been offered despite multiple requests for updates by residents.
No recommendations for this finding
F3
Trinidad would benefit in having law enforcement assistance during tourist season to handle immediate violations of the STR ordinance. Response: STN agrees with the Grand Jury's finding. At this time, even when the Humboldt County Sheriff's Office (HCSO) is on duty and notified of STR problems by residents, there is no real-time (at the time the violation is occuring) enforcement of the STR Ordinance. Per the HCSO Deputy, STN was informed that, at this time, the Trinidad Deputy is not trained in these matters and cannot enforce the Trinidad STR Ordinance. (Please see Attachment #2.) STN would like the HCSO Deputy to become trained ÷ so that he can conduct real-time enforcement of Trinidad's STR Ordinance (i.e., off-leash dogs, occupancy overages, excessive noise, unauthorized events).
No recommendations for this finding
F4
It is unclear what criteria is used for city council recusal of those members who own or manage an STR which leads to a perception of conflict of interest within the community. Response: STN agrees with the Grand Jury's finding. STN would like all City Councilmembers and Planning Commissioners that own and operate STRs in Trinidad to recuse themselves whenever STR discussion/decision items are listed on City agendas, including STR Ordinance updates, violations or other issues. The perception of conflicts of interest was also mentioned in the Grand Jury Report, as it pertains to City staff. For example, while the Trinidad City Clerk is assigned with the review of STR complaints, appeals and renewals, he is also a property manager for multiple STRs in Trinidad. In addition, the City Clerk's partner is a property manager for a local vacation rental business which manages multiple STR properties in Trinidad. In the City Manager's absence, the City Clerk is the only resource for residents with STR problems. Due to the City Clerk's undeniable conflict of interests regarding STRs, STN believes the City Clerk should not be allowed to handle STR complaints, appeals, renewals and other STR-related matters in the City. (Please see Attachment #3.)
No recommendations for this finding
F5
Because there is often no written notification of the result of an appeal, complainants sometimes are unaware if a resolution has been reached. Response: STN agrees with the Grand Jury's finding. Due to ongoing lack of public process and response by the City regarding STR complaints and appeals, it has become common place for a resident who files a complaint, or appeal, about an STR to receive a letter of litigation from the STR owner long before a response or determination has been made by the City Manager on the merits of the complaint. In addition to threats of lawsuits, residents continue to suffer verbal abuse and harassment and have been wrongly accused of lying and creating false reports by STR owners/managers, City officials and City staff. If the City was fair and prompt in its follow-up of complaints and appeals, this would greatly alleviate residents' anxiety surrounding STRs and restore their faith in the City' ability to properly and effectively govern STRs.
No recommendations for this finding
F6
When properly utilized, Trinidad's Short Term Rental Ordinance provides workable methods for solving problems associated with Short Term Rentals. Response: STN agrees with the Grand Jury's finding. STN has long argued that the City, prior to adopting the STR Ordinance, did not properly evaluate the likelihood of enforcement problems associated with high numbers of STRs in Trinidad. STN brought forward, on numerous occasions, the lack of any clear enforcement options for residents, especially when Trinidad does not have an in-town police department or full-time police coverage. STN also asked for an analysis to review the taxpayer costs r associated with governing STRs in Trinidad. STN would also like an evaluation on how STRs: (1) impact the availability and affordability of housing in Trinidad, (2) displace people that would like to live and work in Trinidad, and (3) diminish the pool of full-time residents that could serve in various civic roles or volunteer capacities for the organizations that contribute to a vibrant and viable community.
No recommendations for this finding

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.