MEASURE P: After Reversing An Unlawful Tax Increase, Trinidad is Now Asking Voters to Raise Rates on the City’s Tourists Once Again
Stephanie McGeary / Tuesday, Oct. 25, 2022 @ 4:07 p.m. / Local Government
Trinidad. | Photo by Coolcaesar, via Wikipedia. Creative Commons license.
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It’s no surprise that the beautiful beach-side city of Trinidad relies heavily on tourism dollars to keep the town afloat. That’s why Trinidad officials are asking voters to approve Measure P, which would raise the city’s tourism occupancy tax (also known as a transient occupancy tax or TOT) – a fee paid on hotels and other short-term rentals to help fund city services.
The tax, something that is similarly implemented throughout most of the United States, goes toward the city’s general fund and is used for things like road repairs, trail maintenance and paying firefighters and police. If Measure P passes, Trinidad’s TOT would increase from eight to 12 percent – the same amount as Humboldt County, after voters approved Measure J in the June primary.
But wait, isn’t Trinidad’s TOT actually 10 percent? Well, you might think so, if you’ve stayed in a hotel there sometime over the last decade. More than 10 years ago, the Trinidad City Council approved raising the city’s TOT to 10 percent without putting the issue on the ballot for voters to decide. In December 2021, the current council approved raising the tax to 12 percent starting in 2022. But just before the slated increase took effect, the council was made aware that this action runs afoul of Proposition 218, which requires local governments to get majority voter approval on all new or increased taxes. Whoops!
When this blunder was brought to the current council’s attention, the council passed a resolution reversing the slated increase and lowering the tax from 10 percent back to eight percent – what it was before the illegitimate increase. Of course, this means that Trinidad has been overcharging its hotel and vacation rental guests for more than 10 years. To correct this oversight, the City of Trinidad has been refunding the operators of local hotels and short term rentals.
Eli Naffah, Trinidad’s city manager, told the Outpost that the city sent out notifications to the businesses earlier this year about the refund, and at this point has heard back from most of them. After the businesses are refunded the overpaid tax amounts, it is up to them to refund the guests who had paid it. Naffah is not entirely sure how each business is going about that, but said that Trinidad does have a lot of repeat visitors, so some businesses are letting guests know when they make reservations that they are owed a refund for their previous stays.
The reason the council had made this mistake in the first place, Naffah said, is because Trinidad’s TOT ordinance, which was passed in 1990, included the ability for the council to approve a raise in the tax. So the council was just following what was permitted by city code. After Proposition 218 passed in 1996, no one ever rewrote the ordinance to bring it into compliance with the new law.
So the city made a big mistake and now is paying for it in more ways than one. Not only must the overpaid taxes be refunded, but Trinidad is now back at charging the TOT that it was charging more than a decade ago.
“Now we’re currently charging 1990 rates,” Naffah told the Outpost. “That’s why we need to bring it up to 12 percent again.”
One of the other reasons Trindad is badly in need of the tax increase, Naffah said, is because of the loss of other revenue streams. With the Trinidad Rancheria successfully placing the harbor in the federal trust, the city will no longer make any sales or property tax off of the harbor properties, which includes the Seascape Restaurant. The city has also lost roughly $60,000 from the removal of the cell towers on Trinidad Head.
But Michael Morgan, a former city councilmember and owner of Trinidad Bay Bed and Breakfast, says that a four percent tax increase is too much, especially during a time when people are still recovering economically from the impacts of the pandemic.
“With the highest inflation in decades, and a recession that may lead to a depression, raising taxes and spending is exactly the opposite of what would help our economic crisis,” Morgan wrote in his submitted argument against Measure P.
Morgan argues that it is not a fair or reasonable time to charge Trinidad’s visitors more and suggests that the city propose a two-percent increase instead, until the we “get back to a more stable and sound economy.”
But proponents argue that inflation is also part of why Trinidad needs to increase the tax, which pays for services – such as road and trail repairs, and salaries for police, firefighters and city staff – that now cost more.
“This measure ensures out of town visitors pay their fair share for local services,” the argument for Measure P states. “Voting yes on measure P will support the local tourism economy through jobs and provide locals and visitors alike with a positive experience in Trinidad.”
You can read more about Measure P on the City of Trinidad website.
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100% Humboldt, with Scott Hammond: #118. Dr. Richard Carvajal: Coming Home to Lead Cal Poly Humboldt
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Tech Guys With Local Roots Start Non-Profit Venture Capital Fund to Support Start-Ups Coming Out of CR and Cal Poly Humboldt, University Announces
LoCO Staff / Tuesday, Oct. 25, 2022 @ 1:30 p.m. / Economy
Photos: Cal Poly Humboldt.
Press release from Cal Poly Humboldt:
Two highly experienced Silicon Valley executives announced today the launch of a Northern California nonprofit angel venture aimed at supporting a unique group of budding entrepreneurs: students, faculty, and staff from Cal Poly Humboldt and College of the Redwoods.
Lost Coast Ventures (LCV) was founded by Cal Poly Humboldt alumni John Ballard and Dan Phillips. Ballard is the former president of SPX Communication Technologies, and Phillips is the former chief technology officer for Hulu.
LCV will source and provide seed capital to commercialize promising concepts that have the potential to become scalable businesses. LCV will support projects in all disciplines, with a priority in engineering, marine biology, aquaculture, computer information systems, data science, water and energy, specialty agriculture, environmental sciences, and manufacturing and construction.
In addition to injecting seed capital, LCV will assist promising businesses by providing advising engagements and sustained mentoring activities, and will help businesses seek additional funding to support their growth when needed.
Ballard estimates that by 2027, LCV will fund at least five early-stage, scalable business concepts that show promise. LCV is anticipated to provide seed capital that returns more than $5 million in equity to Cal Poly Humboldt and College of the Redwoods, while adding more than 250 jobs to the local region.
“This initiative is about giving people a shot at bringing novel, scalable businesses to fruition with the support and expertise they may not otherwise receive,” Ballard says.
“We expect LCV to help create an environment where some of the world’s next successful enterprises can get their start on the North Coast and call this special place ‘home,’” says Phillips, who attended College of the Redwoods and transferred to what was then Humboldt State University.
Members of the LCV board include Cal Poly Humboldt’s Shawna Young, dean of the College of Professional Studies; Chris Gaines, a Humboldt and College of the Redwoods faculty member; and Humboldt alumnus and entrepreneur Matthew Cendejas.
Ballard and Phillips, who have been inspired by their Cal Poly Humboldt educations, have already given more than $1 million to Cal Poly Humboldt. Their contributions have created scholarships that benefit students from local high schools, College of the Redwoods, and Cal Poly Humboldt. They also each serve as volunteers, leading efforts to raise additional funds for the University.
Ballard and Phillips announced that they will match, dollar for dollar, donations to LCV of up to $200,000, which will be used to support experiential learning programs at both Cal Poly Humboldt and College of the Redwoods.
Leveraging their 30 years of experience in multiple industries, Ballard and Phillips created LCV with the bigger picture in mind: to enhance the educational experience for Humboldt and College of the Redwoods students, inspire invention, and, in turn, invigorate the local economy.
For Ballard and Phillips, they’re not only investing in ideas, but also an area with a bright economic future. In fact, LCV builds on several high-profile projects in the region. One of those is the designation of Cal Poly Humboldt as the third polytechnic institution in California. A project by Nordic Aquafarms, a Norwegian aquaculture company, aims to clean up a superfund site on the Samoa Peninsula and build a $400 million fish farm facility. A subsea fiber-optic cable, connecting Singapore to the United States through Eureka, is in the works. There are also plans by the federal government to sell offshore wind leases 20 miles off the coast of Humboldt Bay.
Learn how you can support the students and programs at Cal Poly Humboldt at giving.humboldt.edu or by calling (707) 826-5200.
Case Against Greenwood Heights Murder Suspect Suspended Again While Court Seeks a Psychiatric Second Opinion
Rhonda Parker / Tuesday, Oct. 25, 2022 @ 12:11 p.m. / Courts
For the second time since his arrest in April, criminal proceedings have been suspended against alleged murderer Austin Michael Medeiros.
This morning Judge Kaleb Cockrum agreed to a defense request to suspend proceedings again and appoint a second doctor to evaluate Medeiros. He is charged with murdering Emily Lobba, a 28-year-old disabled woman who was found dead April 3 in her home on Greenwood Heights.
Medeiros, 28, underwent competency training and was declared competent by the state’s Department of Hospitals. His attorney does not agree.
“I don’t share that opinion,” Deputy Conflict Counsel Owen Tipps told Cockrum this morning. Tipps said Medeiros continues to suffer from delusions, despite the competency training and being forced to take anti-psychotic medication. He has been in custody for about six months.
Deputy District Attorney Candace Myers didn’t object to another evaluation, saying “I don’t want to set up an issue for appeal.”
Dr. Jennifer Wilson conducted the first exam of Medeiros and found him to be mentally incompetent, meaning he is unable to assist his attorney in his own defense. Tipps wanted Wilson appointed again, but Cockrum chose Dr. Michael Morris, a clinical psychologist in Eureka.
Morris’s report is expected to be ready on Nov. 15, the date scheduled for the next hearing.
Medeiros was dressed in red, meaning he is segregated from the general population at Humboldt County Correctional Facility. Shortly after his arrest, Medeiros allegedly attacked a correctional officer with an improvised weapon.
Carol Medeiros, a relative of Austin’s, watched the proceedings via Zoom but did not turn off the audio at her end, meaning she could be heard in the courtroom. Finally the judge kicked her out.
“I’m going to excuse you, Ms. Medeiros,” Cockrum said. “This is the third time you’ve broken in.”
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- Correctional Deputy Injured in Jail Assault by Kneeland Murder Suspect, Sheriff’s Office Says
- Criminal Proceedings Against Suspected Kneeland Killer Suspended; Judge Orders Psychiatric Evaluation
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Sharp Drop in Humboldt County School Test Scores Since the Pandemic; Office of Education Lays Out Its Plan to Reverse the Tide
LoCO Staff / Tuesday, Oct. 25, 2022 @ 10:28 a.m. / Education
Photo by Pixabay.
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Note: Our friends at CalMatters have developed the the best tool we’ve seen for exploring this data down to the district and school level. You can find it at this link.
Press release from the Humboldt County Office of Education:
For the first time since the COVID-19 pandemic forced students into distance learning, the California Department of Education (CDE) has released statewide test scores and assessment data to the public. The reports contain metrics about academic performance, chronic absenteeism, English learner progress, high school graduation rates and suspension rates, among other performance metrics. The test results are formally titled, “The California Assessment of Student Performance and Progress” (CAASPP).
CAASPP cautioned that several factors should be taken into consideration when interpreting the results. Last year CAASPP testing was not required, and schools could administer local assessments. In 2020 CAASPP testing was suspended altogether due to the pandemic. On the newly-released dashboards, districts and charter schools received five status levels, from “very low” to “very high”. Assessment data were from the 2021-22 school year and measure performance at only one point in time. Additional local data can help develop a fuller picture, particularly how outcomes differ among student demographic groups.
Overall, Humboldt County students’ test scores in English showed 42% of students met or exceeded the standard for English Language Arts, while 28% met or exceeded the standard for math.
Dr. Colby Smart, Assistant Superintendent of Educational Services at the Humboldt County Office of Education (HCOE) explained, “The local figures are certainly reflective of the immense disruption to student learning that happened during the pandemic.” He said, “There are disparities among student demographic groups when it comes to many of the measures on the state dashboard. It is important to note that these disparities aren’t new and remain a priority for school districts, charter schools and HCOE. We have launched a countywide effort to build and improve reading instruction. We’re focusing on the ‘science of reading’ and we’ve developed a multi-tiered approach in Humboldt County.” Smart continued, “Classroom teachers, reading and intervention teachers, and instructional coaches help reinforce an ongoing commitment for improving student outcomes in the areas of academic performance, as well as social-emotional needs in our community.”
“I am very proud of the work that is being done by educators in schools across Humboldt County to address the academic and social-emotional needs of students who have been impacted by the disruption to learning during the 2019-2020 and 2020-2021 school years,” said Humboldt County Superintendent of Schools, Michael Davies-Hughes. He added, “HCOE is working closely with local school districts on a variety of fronts to accelerate learning and enhance academic performance. This includes supporting expanded learning opportunities outside the regular school day, assisting with the planning and implementation of statewide community schools grants and facilitating the rollout of transitional kindergarten (TK), a brand-new grade level for four-year-olds, that’s being phased in statewide.”
(UPDATE: FOUND) Search and Rescue Underway for Woman Who Went Missing After a Walk on Her Honeydew Property
LoCO Staff / Tuesday, Oct. 25, 2022 @ 10 a.m. / Emergencies
UPDATE from HCSO, 5:30 p.m.:
Kari Nelson and her dog have been located alive by a search team. Rescue crews are currently working to extract the two safely. Injuries are unknown. More information will be released tomorrow.
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ORIGINAL POST:
Press release from the Humboldt County Sheriff’s Office:
A search and rescue for a missing woman is currently underway in the Honeydew area.
The Humboldt County Sheriff’s Office is searching for 58-year-old Kari Rene Nelson, who was last seen by a family member at a property on the 47000 block of Mattole Road.
Nelson reportedly went for a walk on the rural property at approximately 1 p.m. on October 24, 2022 and did not return.
Humboldt County Sheriff’s Special Services deputies, with the assistance of the Humboldt County Sheriff’s Search and Rescue Posse and the United States Coast Guard Sector Humboldt Bay are currently searching the area for Nelson. Crews are utilizing K9 teams, ATVs, ground crews and air resources in the search for Nelson. Due to the remoteness of the property, emergency crews may need to access the search area through private properties in the areas of Mattole Road, Heidi Lane and Applewood Road. Residents in this area are encouraged to use caution around emergency traffic and report any sightings of Nelson immediately.
Kari Nelson is described as a white female adult, approximately 5 feet 4 inches tall and 120 lbs. She was last seen wearing a pink beanie cap, a purple pullover sweater and blue jeans. She may also be accompanied by a small dog named Oliver.
Anyone with information regarding Nelson’s whereabouts should contact the Humboldt County Sheriff’s Office at 707-445-7251.
Missing Person Kari Rene Nelson
Four Justices Vie to Keep Spots on ‘Collegial’ California Supreme Court
Byrhonda Lyons / Tuesday, Oct. 25, 2022 @ 7:55 a.m. / Sacramento
Associate Justice Goodwin Liu is among four California Supreme Court justices seeking voter approval in November to remain on the bench.
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It’s one of the most diverse, consequential — and unrecognizable — branches of California government.
Name one member of the California Supreme Court.
Thought so.
Yet the names of four justices on California’s highest court are appearing on the November ballot, mixed in with more glossy, high-profile candidates.
In the past three decades, the court has gone from being a lightning rod of controversy to a steady, collegial body shaping California law. Today, the state’s highest court — unlike the U.S. Supreme Court — rarely renders opinions that polarize the public, making their appearance on the ballot an afterthought for many California voters.
“I suspect the average voter these days doesn’t think about the California Supreme Court, and they don’t need to,” said David A. Carrillo, executive director of Berkeley Law’s California Constitution Center.
It hasn’t always been that way. In the mid-1980s, outraged voters ousted Chief Justice Rose Bird over her persistent votes to overturn death penalty cases. Two other associate justices were also voted off the seven-member court.
“Since then,” said Carrillo, “the court has returned to its usual calm way of doing the people’s business.”
This November, Associate Justice Patricia Guerrero is asking voters to select her as chief justice. Associate Justices Joshua P. Groban, Martin L. Jenkins and Goodwin Liu also are on the ballot seeking to remain on the panel.
In California, appellate and Supreme Court justices are selected through a gubernatorial appointment, confirmation and voter approval process. Superior Court or local judges can either be appointed or directly elected to the bench by voters.
Superior Court judges serve six-year terms. Appellate and Supreme Court justices are elected for 12-year terms.
If a majority of voters say “yes” on a justice, they get a 12-year term. If a majority say “no” on any of the justices, the governor must nominate a replacement. If confirmed by the Commission on Judicial Appointments, the justice would serve until their retention election.
While most cases are heard and decided at the local level, the Supreme Court answers tough legal questions facing Californians.
“By its very place in the judicial hierarchy, (the Supreme Court) is being asked to answer the hard questions or find solutions to the really hard issues,” said Beth Jay, former principal attorney to three chief justices between 1987 and 2015.
Under the leadership of retiring Chief Justice Tani Cantil-Sakauye, who was nominated in 2010 by former Republican Gov. Arnold Schwarzenegger, the highest court has become increasingly more in sync.
Since 2011, 85% of the court’s decisions have been unanimous, according to data from the California Constitution Center. Before her tenure, 74% of the court’s cases were unanimous under former Chief Justice Ronald M. George from 1996 to 2011. George was appointed by Republican Gov. Pete Wilson.
Today’s justices are consistently siding with each other, even as the state Supreme Court has become the most diverse court in the country, according to the Brennan Center for Justice, a nonprofit law and policy institute.
The current bench includes an Asian justice, one Asian-Filipina justice, two Black justices, one Latina justice and two white justices. Four of the seven are women.
In just a few years, Gov. Gavin Newsom’s Supreme Court appointments and nominations press releases have touted a series of firsts:
- “California’s first Latina Supreme Court Justice.”
- “First openly gay California Supreme Court Justice.”
- “First Latina to serve as California’s Chief Justice.”
While some may think the court’s ability to agree begins and ends with who appointed them, Cantil-Sakauye says it has more to do with how the court operates. She attributes the court’s high unanimity rate to the justices’ way of preparing for cases before they hear oral arguments.
“That is key to how we are … collegial and … have an opportunity to write an opinion that most people can agree on,” she said.
Unlike the U.S. Supreme Court, Cantil-Sakauye said, she assigns cases to individual justices as soon as the court grants a review. The court doesn’t wait until after hearing oral arguments to begin evaluating the case. By the time litigants argue their case, she said, she “tentatively knows” the justices’ concerns.
“We have time to work with each other and explore others’ positions,” she said.
The justices, however, have not always agreed.
One 2018 opinion split the court, 4-3, along ideological lines. The highly-watched case centered around California’s requirement that DNA samples be collected during felony arrests. The majority, which included more conservative justices, let the law stand in a win for prosecutors.
The more left-leaning justices sided with civil libertarians, who contended the law violated the state’s privacy laws.
Even so, the news coverage and intense arguments in the DNA case paled against the furor that surrounded former Chief Justice Rose Bird and her court.
Bird, the first woman on the Supreme Court and the first female chief justice, was appointed by former Gov. Jerry Brown during his first stint as governor. Bird opposed the death penalty, which emboldened some political factions to lead a campaign against her retention.
By 1986, under Republican Gov. George Deukmejian, voters elected not to retain Bird and associate justices Joseph Grodin and Cruz Reynoso, who also had been appointed by Brown. The turnover created a pathway for Deukmejian to appoint three new justices to the court, suddenly remaking the state’s highest court.
“The institution picked itself up, dusted itself off, and kept doing the work,” said attorney Jay, who worked for the court at the time.
“The strength of institutions like the court, if it’s functioning properly, is that (the court) can continue to function even when it’s getting some pretty bad body blows.”
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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
McK GANG SHOOTING: Prosecution Rests Case Against Crescent City Man Accused of Attempted Gang Murder
Rhonda Parker / Tuesday, Oct. 25, 2022 @ 7:42 a.m. / Courts
On just the third day of jury trial, prosecutors rested their case yesterday against an alleged Norteños gang member who confessed he was hired to murder a McKinleyville man the gang suspected of stealing from them.
Crescent City resident Isreal Soria Jr. is accused of the June 2021 attempted murder of Dylan Eubanks, who survived with a bullet wound to his arm after a gunman fired 11 shots into his home on Chapparal Drive.
In earlier testimony, jurors heard a tape recording of Soria’s confession, which included his admission to being a hired hitman who was paid an initial $7,500, with $25,000 due if he succeeded in murdering Eubanks. Eubanks did not testify during the trial.
On Monday the jury heard testimony from one of Eubanks’s former roommates, along with the accounts of some neighbors who heard gunfire, cries for help and then sirens.
The former roommate lived in the house with her boyfriend Tanner and Eubanks. She said she was lying in bed late at night when Eubanks, sounding stressed and worried, told her he thought someone was trying to get into the house.
The witness testified via Zoom because she is recovering from surgery. Under questioning by Deputy District Attorney Trent Timm, she said that shortly after Eubanks spoke with her, she heard gunfire and crouched on the floor.
The next sound was Eubanks “screaming in pain, calling for help.”
“Me and Tanner went outside and found Dylan,” she said. “He was lying on the ground, shot … I remember holding his arm, keeping it elevated, because he was bleeding so bad.”
Then the first officer arrived, and she spent the rest of the night sitting outside as officers cleared the scene and searched the house.
At one point, she said, Eubanks was asking for his phone. She got permission to go into the house and grab the phone from the kitchen counter.
“There was broken glass on the floor, holes in the walls,” she recalled. One window pane was shattered.
On the crime scene log noting everyone who entered or exited the house, there is no mention of the roommate.
Under cross-examination by defense attorney Christina DiEdoardo, the roommate said she was unaware officers found 2 pounds of marijuana in a hallway closet and 200 pounds — in four 50-pound bricks — in the garage.
‘’Two-hundred?!” she said, sounding shocked. “No.”
Law enforcement believes the alleged shooter stopped after firing 11 rounds because the gun jammed, likely because too many cartridges had been stuffed into the magazine.
Sheriff’s Deputy Johnathan Gomez testified he found 11 spent cartridges in an approximately 2 to 3-foot diameter area near the broken window. The right window pane was shattered, the left pane intact except for one distinct bullet hole about 4 feet off the ground.
When officers first arrived, Eubanks was in the process of climbing a fence outside. But it’s believed the shooter also climbed a fence as he was attempting to flee. He was arrested in a back yard in the neighborhood.
One neighbor called 911 to say she heard someone climbing her back fence, then pounding on her sliding glass door.
Another neighbor, Marissa Manson, said she heard gunfire and then “panicky” calls for help. She came outside to see a man crouched over and yelling.
“It looked like he was bleeding from his arm,” Manson said.
During Soria’s confession, he said he began firing at Eubanks after seeing him holding an assault rifle.
Soria is out of custody, which is highly unusual for a defendant facing a possible life term in prison. He posted $750,000 bail after his arrest and was able to hire DiEdoardo, who practices in the Bay Area.
DiEdoardo declined comment outside court. She is expected to present her case on Wednesday morning and could put Soria on the witness stand.
Timm and Deputy District Attorney Luke Bernthal are the trial prosecutors, with Judge Christopher Wilson presiding.
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