# Cher-Ae Heights Indian Community (2011) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acher-ae_heights%3A95f92a8c88644fdb ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Cher-Ae Heights Indian Community of the Trinidad Rancheria Comprehensive Community-Based Plan December 2011 Prepared by: Trinidad Rancheria Local Government Commission P.O. Box 630 Trinidad, CA 95570 Michael Sweeney, AICP Opticos Design, Inc. Sherwood Engineers p:707.677.0211 f:707.677.3921 w: trinidad-rancheria.org December, 2011 Cher-Ae Heights Indian Community of the Trinidad Rancheria Comprehensive Community-Based Plan December 2011 Tribal Council Trinidad Rancheria Staff Garth Sundberg, Chairman Shirley Laos, Vice Chairwoman Lillian Strong, Secretary / Treasurer Robert Hemsted, Council Member Seat #1 Fred Lamberson III, Council Member Seat #2 Jacque Hostler, Chief Executive Officer Leslie Sanders, Transportation Manager Amy Atkins, Executive Manager Michael Hostler, Tribal Programs Director Rachel Sundberg, Tribal Historic Preservation Officer Jonas Savage, Environmental Director Jason Soto, Environmental Technician Consultants Local Government Commission Paul Zykofsky, AICP, Associate Director Alison Pernell, Project Manager Anthony Leonard, Project Manager Opticos Design, Inc. Stefan Pellegrini, Principal John Miki, Associate, LEED AP Cailin Shannon Michael Sweeney, AICP Consulting Environmental Planner Sherwood Design Engineers Eric Zickler, PE, LEED AP This project was funded by a FY 2009-2010 Environmental Justice: Context-Sensitive Planning Grant from the California Department of Transportation Trinidad Rancheria Comprehensive Plan Tribal Vision Statement Honoring the Past, Living in the Present, Looking Towards the Future. Tribal Mission Statement The mission of the Cher-Ae Heights Indian Community of the Trinidad Rancheria is to preserve and promote our cultural and traditional beliefs; improve quality of life and self sufficiency; uphold tribal sovereignty; create positive partnerships; and protect the environment in order to provide a healthy community, honor our elders, and guide our youth. December, 2011 Table of Contents Introduction Part 1: Comprehensive Community-Based Plan i 1 Chapter 1.01: Land Use 1 Chapter 1.02: Transportation 21 Chapter 1.03: Housing 33 Chapter 1.04: Economic Development 39 Chapter 1.05: Cultural Resources 49 Chapter 1.06: Energy Efficiency and Conservation Strategy (to be added at a later date) Chapter 1.07: Integrated Resource Management Plan (to be added at a later date) Chapter 1.08: Watershed Plan (to be added at a later date) Chapter 1.09: Forest Management Plan (to be added at a later date) Part 2: Integrated Development Standards (seperate volume) Appendix A-1 Appendix A: References A-2 Appendix B: Workshop and Meeting Notes A-3 Appendix C: Community Image Survey Results A-10 Trinidad Rancheria Comprehensive Plan Introduction December, 2011 Introduction and between 1950 and 1961 the Trinidad Rancheria approved home assignments on the reservation and enacted their original Articles of Association. In 2008, the Tribe passed a new constitution that replaced the original Articles of Association and increased enrolled membership by changing the requirements for enrollment. Current Tribal enrollment is 206. “soo-nee-hlek’” The Cher-Ae Heights Indian Community of the Trinidad Rancheria (Trinidad Rancheria) is a federally recognized tribe with ancestral ties to the Yurok, Wiyot, Tolowa, Chetco, Karuk and Hupa peoples. While they share similar cultural and historical traditions, each tribe has a distinct heritage. The Rancheria is within the aboriginal territory of the Yurok peoples and is located in an area of great cultural significance to the Trinidad Rancheria and other local tribal entities. The Trinidad Rancheria was established in 1906 by an act of the U.S. Congress that authorized the purchase of small tracts of land for ”homeless Indians.” The Trinidad Rancheria is now comprised of three separate parcels that total 82 acres. The largest parcel is located on the west side of Highway 101 along the Pacific Coast and is made up of 46.5 acres. This parcel accommodates Tribal Member Housing, Tribal Offices, a Tribal Library, the Cher-Ae Heights Casino and the Sunset Restaurant. Approximately 8 acres were purchased in Westhaven, directly across Highway 101 in the late 1980s and a third 27.5 acre parcel, located in the unincorporated community of McKinleyville, was purchased in the 1990s and now houses 12 residential properties. In addition to Rancheria property, the Tribe also owns the Trinidad Pier & Harbor and Seascape Restaurant in the City of Trinidad. This property includes the main entrance and access point to the Trinidad Head, which hosts walking trails, and cultural and historical points of interest. In 1908, 60 acres of land were purchased on Trinidad Bay to accommodate the Tribe. The Tribe’s Federal Recognition was granted by the Department of the Interior in 1917 Trinidad Rancheria Comprehensive Plan i Introduction December, 2011 Tribal Government The governing body of the Tribe (Community Council) consists of all duly enrolled, base roll and voting members. From the Community Council, a Tribal Council is elected. It is the duty of the Tribal Council to govern all the people, resources, land, and water reserved to the Tribe in accordance with the Trinidad Rancheria Constitution, such laws as adopted by the Tribal Council, such limitations as may lawfully be imposed by the Tribal Council, and such limitations as may be lawfully imposed by the statutes or the Constitution of the United States (Cher-Ae Heights Indian Community of the Trinidad Rancheria, The People, The Land, and The Water, Marine Life Protection Act Initiative Regional Profile, The Trinidad Traditional Fisheries Coalition, April 6, 2010). The Tribal Council consists of a Chairperson, Vice-Chairperson, Secretary/Treasurer and two (2) additional members to serve as Tribal Council Members. Any Community Council member (eighteen years of age or over) is eligible to serve on the Tribal Council if duly elected. The Tribal Council meets twice a month—regular times, dates and location are established by the Chairperson. Below: Trinidad Rancheria Organizational Chart (Approved August, 2011) ii Trinidad Rancheria Comprehensive Plan Introduction The Tribal Council Officers’ duties include a wide range of responsibilities including attending all meetings, serving as liaisons to advisory committees, and most importantly, upholding the Tribal Constitution. Specific responsibilities, duties, expectations, and guidelines are thoroughly outlined in the Trinidad Rancheria’s Tribal Constitution (MLPA Profile, 2010). The Tribal Operations for the Trinidad Rancheria includes the following departments: • Administration • Cultural Resources/Tribal Historic Preservation Office • Economic Development • Environmental Department • Fiscal December, 2011 Original Assignees • Eva Duncan • Carol Ervin • Henry Hancome, Jr. • Theodore James • Mayne Keparisis • Juanita Samuels (Letson) • Fred Lamberson, Jr. • Myra Lowe • Betty Najmon • Rose Joy Sundberg • Lillian Quinn • Harry Walker • Cornelia Jean Walker • Vera Green (Weatherford) • George Williams • Human Resources • Library • Member Services • Office of Emergency Services • Transportation and Land-Use Tribal Sovereignty Tribal self-determination is a goal of the Trinidad Rancheria in all planning and development decisions as well as the protection of Tribal sovereignty. Tribal sovereignty and self-determination is the right of a people to decide their own destiny, the laws that govern them, how their children should be educated and how to drive their economy and the right not to be imposed upon by another government. Related to this goal is the need of all County, State, and Federal government agencies to acknowledge Trinidad Rancheria Comprehensive Plan and respect the tenets of Tribal Trust and Government-to-Government relationships in all interactions with the Trinidad Rancheria. Federal Executive Order 13175 states that any formulation or implementation of policies that affect U.S. tribes by federal agencies must recognize Indian Tribes as domestic dependent nations that possess the right to self-government and inherent sovereign powers. November 2010 Comprehensive Plan Design Fair In November 2010, the Trinidad Rancheria sponsored a 5-day Design Fair to begin the preparation of this Comprehensive Plan. The Design Fair and plan were funded through a Caltrans Environmental Justice: Context-Sensitive Planning Grant. It involved iii Introduction December, 2011 Above Left to Right: Tribal members work at Design Tables. Tribal members discuss priorities from a list of ideas. Tribal Council and community members in soliciting dreams and developing a vision for the future of the Trinidad Rancheria. Fittingly, the theme for the Design Fair was: soo-nee-hlek’ Translated to English, this Yurok term means “I dream.” A Design Team of professional architects, landscape architects, civil engineers and environmental planners facilitated the public presentations and interactions during the Design Fair. The Design Team was led by the Local Government Commission, a nonprofit, nonpartisan, membership organization that provides inspiration, technical assistance, and networking to local elected officials and other dedicated community leaders who are working to create healthy, walkable, and resource-efficient communities. The Design Fair began on Monday night, November 1, with a ceremony honoring the Original Assignees, a free dinner and entertainment, and an opening presentation. Following the dinner and music, an interactive visioning exercise engaged the community in defining values important to the community. “Design tables” with aerial maps of the Rancheria and vicinity allowed Bottom Photos: Assemblyman Wes Chesbro kicked off the Design Fair by presenting the Original Assignees with plaques honoring their contribution to founding the Trinidad Rancheria. iv Trinidad Rancheria Comprehensive Plan Introduction December, 2011 Above Left to Right: Design team explains concepts to Tribal Vice-Chair person, Shirley Laos. Design Team member develops a concept. participants to identify problems and actually illustrate their own vision of the future. On Tuesday, November 2 the Design Team engaged specific sectors of the community in focus group discussions with Tribal elders, youth, staff, and other community members. On Wednesday and Thursday, November 3 and 4, special “brown bag” lunch sessions on Low Impact Development and Energy and Resources Management issues were held. In the evenings, Open House “pin up” sessions allowed interested people to drop by the Design Team work space to review and comment on some of the ideas being developed. On Friday, November 5, a community dinner was held at the Trinidad Town Hall. After light entertainment, a closing presentation summarized the proposed comprehensive plan elements. Story telling and a regalia show closed out the evening. A second workshop was held on April 15, 2011 to conduct a Community Image Survey and solicit community and staff input on how to implement the concepts in the Comprehensive Plan. A summary of this workshop, and a discussion of preferred images is included in the Appendix. Below Left to Right: Focus group discussions with Tribal members. A young tribal member represents the future. Trinidad Rancheria Comprehensive Plan v Introduction This document presents the comprehensive plan and development standards prepared by the Design Team in response to the input received from Tribal Council members, Tribal community members, and Rancheria staff throughout the activities and events of the Design Fair. The Plan is presented in two Parts: Part 1: Comprehensive CommunityBased Plan Part 2: Integrated Development Standards What is a Comprehensive Plan? A comprehensive plan is a blueprint for future development and provides the basis for growth that best serves the health, safety, and general welfare of the community. It provides a framework and policy direction for land use decisions. Implementation of this comprehensive plan occurs through the Integrated Development Standards, discussed below. This comprehensive plan includes the following elements: • Land Use • Transportation • Housing • Economic Development • Cultural • Energy Efficiency and Conservation Strategy • Integrated Resource Management Plan vi December, 2011 • Watershed Plan • Forest Management Plan What are Goals and Policies? Goals and policies are developed for each comprehensive plan element. Goals: Goals are end results toward which effort is directed. They are expressed in general terms and are timeless. Policies: Policies are direction statements that guide future decisions with specific actions intended to realize a goal. Each Element of this Comprehensive Plan includes the purpose, how the element is organized, how the element relates to other elements, an introduction and background section to provide context, and a set of goals and policy statements specific to each element. What are Integrated Development Standards? To implement the goals and policies set forth in the Comprehensive Plan, a set of development standards has been prepared. These standards can be used to define desired project designs as well as to evaluate project proposals to ensure that they comply with the goals and policies of the Plan. These Integrated Development Standards are included as Part 2 (available as a seperate volume). Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use December, 2011 Part 1: Comprehensive Community-Based Plan Chapter 1.01: Land Use Purpose Relationship to Other Elements The purpose of the Land Use Element is to plan for and shape the future physical development of the Trinidad Rancheria and to preserve and enhance the Rancheria’s quality of life. The Land Use Element guides decision-makers including Tribal Council members, Tribal community members, and Rancheria staff in fulfilling the ultimate potential for efficient and sustainable land use within the areas under tribal ownership and management. The Land Use Element is most directly related to the Economic Development Element, Cultural Element, Transportation Element and Housing Element. This element is consistent with and balances the goals and objectives of the other elements of the Comprehensive Plan. Organization of Element The Land Use Element incorporates the design plans presented in the 2010 Comprehensive Plan Design Fair including concepts related to expanding uses in conjunction with the CherAe Heights Casino and Sunset Restaurant located on the Rancheria’s main parcel as well as the Trinidad Harbor and Pier, Seascape Restaurant and a vacation rental located at the edge of Trinidad Bay. Land use concepts related to the development of administrative facilities, tribal services, and housing on the balance of the main parcel are included along with concepts for future development of housing on Archer Road. A set of goals and policies are intended to facilitate implementation of the Design Fair land use concepts. Trinidad Rancheria Comprehensive Plan Introduction & Background Currently, the Cher-Ae Heights Indian Community of the Trinidad Rancheria (Trinidad Rancheria) has not formally adopted a land use plan to guide development of the Tribe’s 82 acres of tribally owned land. During the Design Fair for the Highway 101 Interchange held from May 17 – 21, 2009, input on land use was limited due to the focus on a new Highway 101 Interchange to the Trinidad Rancheria. A separate work session with the Tribal Council was held on June 5, 2009 to further discuss the desired land uses to be included in the future once the interchange is developed. A Land Use Conceptual plan was prepared and included in the Highway 101 Interchange final report. Subsequently, a Design Fair held from November 1-5, 2010 focused on the preparation of a comprehensive plan and re-visited land use concepts and economic development priorities. 1 Chapter 1.01: Land Use December, 2011 November 2010 Comprehensive Plan Design Fair • One-stop tourist hub with mixeduse housing that blends into the environment. Clean and green. The “theme” for the Comprehensive Plan Design Fair was “soo-nee-hlek’” (Yurok) which means, “I dream.” This reflected the focus of the Design Fair which engaged the Tribal community in expressing their dreams for the future of the Trinidad Rancheria. The November 2010 Comprehensive Plan Design Fair built upon the theme for the 2009 Design Fair which focused on creating a community vision for a livable and walkable community center, the incorporation of cultural values, and highlighted the proposal for a new Highway 101 interchange to the Trinidad Rancheria. The theme for the earlier Design Fair was “noo-kwo-mey” (Yurok) which means “Gather together, bring together.” • Tribal buildings and housing use all wind and solar energy. Participants in the Opening Night workshop of the November 2010 Design Fair were first asked to write down their vision for the Rancheria’s future. The Vision Cards raised many dreams and ideas related to land use: • Interchange and businesses, land use plan, tribal community services, new Tribal office. • Museum and visitors center. Hotel and gas station. Off-ramp. Vote as a united community. Cut foliage for view of ocean on scenic drive. • Development with minimal, but positive impact to neighbors and local communities. • Community center, youth center, museum, trail to the ocean. During the November 2010 Design Fair focus group forums were held to identify and discuss issues to be addressed in the comprehensive planning process. Issues related to land use addressed in the Employee focus group session are summarized below: • Lots of opportunity at dock. • UIHS building could be torn down and provide new facilities. • [Need land for] Cultural places: dance pits. Right: Issues were expressed using 3 x 5 cards which were then shared with other community members. 2 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use • [Need land or place for] Tribal Museum/ Cultural Interpretive center. Build a replica village for educational purposes and tribal cultural use. Build it on main parcel. Maintain housing on main parcel. Land acquisition becomes an important issue to accommodate all these things, and continuous land base. • Need community centers on both sites [main parcel and McKinleyville parcel]. Larger one on main parcel with museum, library, recreation center and gym. The Original Assignee focus group also identified issues related to land use as follows: • Would like to see interchange, hotel, mini-mart, grocery store. Would like to see Tribal Office moved to McKinleyville due to limited land availability. • Want to see interchange, service station. • Remodel restaurant at the harbor. Make it look better, handicap access. • There could still be some housing on the main parcel. There isn’t adequate parking for a large event. Need busing down to Seascape. • Hotel should be here to capture the view, with parking to support it. Views should be maximized. Destination resort. Link to dock, fishing, ecotourism, state parks, lagoons, Ladybird Johnson grove, hiking, spiritual sites that medicine people visit, bird watching, Trinity and Klamath rafting, ceremonial dances all summer. This could be the headquarters. A unique hotel tied into the environment and culture, state of the art. Trinidad Rancheria Comprehensive Plan December, 2011 • The casino has so much competition, tribal enterprise should be diversified. We were fine when we were the only ones in the gaming business. In keeping with the focus on cultural values and traditions, the Design Team worked closely with Rachel Sundburg and the Tribal Cultural Committee in developing a vocabulary to guide the Comprehensive Plan using native Yurok terms. As with many languages, English words do not necessarily translate verbatim into Yurok words or vice versa. Yurok language typically expresses thoughts, feelings, conditions or situations rather than words per se. In preparing the Design Plans, six design principles were developed for the Trinidad Rancheria: 1. Plan with Vision — “key-chok, heychock-see-mek” (act on purpose) 2. Create in the Spirit of the Place — “see-shon” (be a certain way) 3. Arrange the Right Use and the Right Size in the Right Place — “pyek-che-nee” (careful, perfect, right) 4. Make a Center and an Edge — “wo-gee”(in the middle) vs. “rewo-nah” (at the end or edge) 5. Put Your Best Face Forward — “hee-mech” (in front) vs.“perkwery” (in back); and, “chy-yoh” (hidden/private) vs. “wo-rue” (public/visible) 6. Take Steps — “hlke-mah” (phasing) 3 Chapter 1.01: Land Use December, 2011 Land Use Conceptual Plan the Pier and Harbor parcel (6 plus acres). The acreage included in the main parcel, Westhaven and McKinleyville parcels is held in Tribal Trust status. The Pier and Harbor land is within the jurisdiction of the City of Trinidad. These land use concepts are described and illustrated below: The Land Use Conceptual Plan illustrates the “pyek-che-nee” ( Right Use and the Right Size in the Right Place) for the Rancheria properties: Main parcel (46.5 acres); Westhaven parcel (8 acres); McKinleyville parcel (27.5 acres); and Below: Schematic Diagram of Land Uses for Main and Westhaven Parcels. Rural Residential Institutional & Cultural Area Cher-Ae Main Street Recreation and Entertainment Area (Main) Rural Residential (Westhaven) Rural Residential 4 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use Main Rancheria Parcel & Westhaven Parcel As the main parcel of the Trinidad Rancheria is opened to new public access via the proposed new Highway 101 interchange, it will become increasingly important to define the more private tribal spaces (“chyyoh” or private, community realm), and the public visitor spaces (“wo-rue” or public, visible realm), as well as how the two realms interact. Cher-Ae Lane is the seam or spine that both separates and joins the community and public realms of the site. Currently, Cher-Ae Lane serves as the front door (“hee-mech”) to both the community and public realms of the main parcel via Scenic Drive. Positive community development can be implemented even before an interchange is completed. A first phase (“hlke-mah”) could incorporate a tribal center on the west side of Cher-Ae Lane (“chy-yoh”) complete with December, 2011 offices, cultural museum, recreation facilities, and an outdoor gathering space with views along the ridge. On the eastern public side (“wo-rue”), hotel accommodations are added to the rear of the casino, also taking advantage of spectacular ridge views. As the interchange becomes a reality, CherAe Lane becomes a “main street” and the front door shifts from access via Scenic Drive to access via the 101 interchange. Subsequent phases could include small commercial buildings on both sides of Cher-Ae Lane. These buildings could include a mini-mart and gas station, and an incubator facility to support start-up enterprises. At this time, an RV park also becomes possible. Currently, the main structures on the southern half of the main parcel are the Cher-Ae Heights Casino, Bingo Hall, Sunset Restaurant, parking, and a wastewater treatment facility. Left: First phase development of community and public realms. Trinidad Rancheria Comprehensive Plan 5 Chapter 1.01: Land Use December, 2011 Right Top & Bottom: Subsequent phased development will follow the completion of the 101 interchange. 6 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use December, 2011 Casino Hotel In August 2007, an economic assessment of tribal coastal property recommended development of a hotel to increase competitiveness of the Cher-Ae Heights Casino by capturing overnight visitors (Preliminary Assessment of Development Opportunities on Tribal Coastal Property, Trinidad, Humboldt County, California, Economics Research Associates, August 2007). A limiting factor for future development is the availability of on-site sewage disposal leach fields. According to a 2004 Community Wastewater Investigation, there is adequate treatment capacity to accommodate a number of hotel units and additional housing under alternative development scenarios (Winzler & Kelly, Consulting Engineers, March 2004). Another limiting factor affecting location of a new hotel is an Alquist Priolo earthquake fault zone that abuts the westerly boundary of the existing casino facility. The purpose of the Alquist-Priolo Earthquake Fault Zoning is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. One option explored by the Design Team included relocating the bingo hall and constructing the hotel in its place. This option offers distinct advantages in terms of proximity to the existing casino and restaurant as well as westerly and southwesterly views of the Pacific Ocean. Another option would be to construct a new hotel adjacent to the existing casino and restaurant. This option may result in loss of valuable parking spaces and would be less advantageous in terms of available views. (See the Economic Development Element of this document for more discussion on the economics of a new hotel). During the August 18, 2011 Tribal Council meeting, council members approved the company that will do the feasibility study for the hotel project. The feasibility study is expected by November, 2011, after which Sunway Hotel Group will analyze the findings of the study. Drawing by Joan Briggs, Architect Trinidad Rancheria Comprehensive Plan Left: Sketch of hotel perched upon the existing casino bingo hall. 7 Chapter 1.01: Land Use RV Park While parking is available for recreational vehicles (RVs), no overnight facilities are currently available. Providing pads and hook ups for RVs would generate additional revenue from overnight stays as well as encourage RV operators to spend more time (and money) at the casino and restaurant. To limit the demand for on-site sewage disposal (leachfields), the RVs would be provided with a dump station rather than individual hook ups (Highway 101 Interchange Community December, 2011 Design Fair, Local Government Commission, 2009). The land use design plan also incorporates a new RV Park at the eastern end of the existing casino parking lot near the off ramp of the proposed Highway 101 Interchange. The 2007 economic assessment examined the feasibility of a high-quality RV resort and noted that a premium RV Park would feature approximately 15 sites per acre (Economics Research Associates, August 2007). Highway Retail Gas Station & Mini-mart Overflow Parking RV Park Right: Blow up of RV Park & Highway Commercial Retail 8 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use December, 2011 Above Left: Gas stations and mini-markets can be designed to fit harmoniously within a unique setting. Above Right: This retail facility offers small retail stores on street level and individual offices on the second story. Mini-Mart & Gas Station Retail and Incubator Space The only gas station within the vicinity of the Rancheria is located near the southbound off-ramp of Highway 101 west of Patrick’s Point Drive in Trinidad. Once the Highway 101 Interchange is constructed, a new gas station would serve customers and residents as well as contribute revenue to the Tribe. A mini-mart would provide essentials and convenience items (milk, bread, video rentals, etc.) to area residents and customers alike. The land use design plan promotes incremental development of both public and private facilities as the Highway 101 Interchange and direct access to the Rancheria becomes a reality. Design Fair forums and engagement exercises suggested the possibility of developing other retail facilities and incubator space where start-up businesses could be located together and share many functions such as clerical, reception, computer stations, etc. In addition to space, many incubators also provide technical assistance to further support entrepreneurial and startup enterprises. Such assistance is often in the form of business planning, marketing, and micro-financing and other efforts to help get ideas up and running. The rise in alternative fueled vehicles (hybrid and all-electric) strongly suggests that any “gas” service station in the future should be able to provide alternate fuels whether they be biofuels or charging stations. This will be especially important as the national fleet of automobiles and trucks converts to more sustainable sources of fuel and power. Trinidad Rancheria Comprehensive Plan 9 Chapter 1.01: Land Use Cultural/Community Center Throughout the Design Fair numerous Tribal members called for a cultural or community center. Opening ceremony vision cards repeatedly envisioned: • Museum and visitors center. • Community center, youth center, museum, trail to the ocean. • More education, more wisdom, more land and housing, more beauty. Culture, art (sculptures), unity — members working together. • Unity and education. Youth group and sports. Similarly, Employee and Original Assignees focus groups spoke of the same need for a center that could serve simultaneously as a place for youth, families, elders, and even visitors. December, 2011 • Need a kids/recreation center. Place for classes, beading, sewing, [and] sculpting. Dressmaking, regalia making. • Cultural places: dance pits. Connecting cultural practices to future economic development. Dance pits were historically on the beach near the pier. • Tribal Museum/Cultural Interpretive center. Build a replica village for educational purposes and tribal cultural use. Build it on main parcel. Maintain housing on main parcel. Land acquisition becomes an important issue to accommodate all these things, and continuous land base. • Bring the youth center back — funding would need to be restored. • Need community centers on both sites. Larger one on main parcel with museum, library, recreation center and gym. Community Kitchen Administratice Offices Multipurpose Community Center Cultural Museum & Library Rain Garden Right: Conceptual Design of the “village center” complex. 10 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use Accordingly, the conceptual design plan proposes a complex in the “village center” of the main parcel (“chy-yoh”—hidden/private portion of the site) that could incorporate new Tribal administrative offices, as well as a variety of community oriented facilities such as a community center, library, group kitchen, cultural museum or interpretive center, gymnasium, and outdoor ceremony areas, among other possibilities. This complex of interrelated structures could also integrate open space and native plantings into parking and streets providing “rain gardens” and other means of managing storm water runoff. Housing Over time, with frontage on the new interchange, housing on the main parcel may give way to tribal facilities and commercial businesses. Many Tribal members feel it is important to maintain some housing on the main parcel, perhaps smaller cottage-style dwellings clustered around common open space. No new housing is anticipated on the Westhaven parcel as the current land area has been built out. December, 2011 There are opportunities for storm water management features that can help slow down and clean water runoff. See Chapter 1.03: Housing Element for more detailed discussion of housing needs and options. Existing Pier & Harbor The 6+ acre portion of the harbor site owned by the Trinidad Rancheria includes the pier, mooring field, boat launch, and maintenance facilities, two parking lots, the Seascape Restaurant, a bait and gift shop, a vacation rental house, recreation areas, and areas for boat parking. Currently, this area is within the jurisdiction of the City of Trinidad. The General Plan land use designation for the pier is Commercial, as is the zoning. The site is also within the California Coastal Zone and a Coastal Development Permit (CDP) is required for any development. These harbor businesses, as well as all the businesses located in the City of Trinidad, play an important role in the local economy and provide income to not only the Trinidad Rancheria and its’ Tribal members, but other local residents as well (MLPA Profile, 2010). Below Left: Existing approach to Harbor & Pier. Below Right: Landscaping and seating offer opportunities for relaxation and enjoyment of the Trinidad Pier Plaza. Trinidad Rancheria Comprehensive Plan 11 Chapter 1.01: Land Use December, 2011 Above: Plan of new pier and pedestrian plaza The Design Team prepared a conceptual design plan to illustrate how the area around the existing pier (to be replaced with a more durable and non-toxic structure), Seascape Restaurant, gift shop, boat ramp and parking area could be enhanced to better attract and serve residents and visitors alike. This design plan proposes a small pedestrian plaza where additional shops and a possible future expansion of the Seascape Restaurant could be oriented around the new pier. With a few modest improvements, the harbor parcel may also be transformed into a welcoming destination for tourists. By adding 12 a paved plaza, landscaping, and an informal food vendor alongside the gift shop, visitors can be encouraged to spend time along the waterfront; a boardwalk connecting to the beach can also provide easier beach access for kayaking rentals. A study by Economics Research Associates addressed the economic potential of the existing pier and harbor facilities. According to the study, this existing facility is a productive land use as well as serving as part of the recreational visitor infrastructure for the area. The study looked at the expansion of visitor facilities, specifically the existing Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use December, 2011 Above Left: Existing approach to Pier & Harbor. Above Right: Creating a plaza extension of the pier can encourage visitors to spend time along the waterfront. Seascape Restaurant and specialty retail shops (Economics Research Associates, August 2007). water and phone. In-water construction will be completed by January 31, 2012 with project completion by May 15, 2012. Reconstruction of the pier began in September 2011. The purpose of the Project is to correct the structural deficiencies of the pier originally constructed in 1946, improving the pier utilities for the benefit of the public, and to indirectly improve the water quality conditions and provide additional habitat for the biological community. The new pier will be 540’ long and will vary in width from 24’26’ to match the previous footprint. The pier will be built with precast concrete decking, concrete piles including batter and moorage piles, four hoists, standard lights, guardrail and dock utilities pipes including power, The Trinidad Rancheria contracted with Humboldt State University to conduct a Cultural Resources Survey specific to the Trinidad Pier Reconstruction Site. This investigation was conducted to determine if historic properties are present in the Area of Potential Affect and if they will be affected by the proposed Trinidad Pier Reconstruction Project. The determination of the study found that the Trinidad Pier Reconstruction Project will result in a “No Historic Properties Affected” (per NHPA Section 106) and “No Significant Impacts on Historical Resources” (per CEQA). Below Left: Existing beach access. Below Right: A boardwalk connecting to the beach can offer access to the Bay via sea kayaks. Trinidad Rancheria Comprehensive Plan 13 Chapter 1.01: Land Use Archer Road Housing Parcels, McKinleyville The McKinleyville parcel is conceived as an opportunity to meet much of the Rancheria’s growing housing needs. Currently, 12 houses have been constructed and are occupied. Many existing homes in McKinleyville have December, 2011 enough space to build secondary residences on their lots for family members. Between Pishka and Twe Goh roads, there is also available tribal land for new development, which can incorporate an additional 8-16 units (depending on density) and a small community center facility around a common park. Right Top: A combination of secondary dwelling units and new housing development can expand available housing. Right Bottom: In this conceptual plan, new housing is shown on smaller lots. Open space is available for a common leach field and community center. 14 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use December, 2011 Above: A view across common open space from a new community center. Low Impact Development (LID) The Tribal Council and community members support the concept of sustainability, and green development and building practices. As part of the 2009 Design Fair, the Tribal Council adopted the Ahwahnee Principles for Resource-Efficient Communities. During the November 2010 Design Fair a presentation and forum discussion focused on low impact development. Low Impact Development (LID) is a philosophy of stormwater management that seeks to: • Repair hydrological and ecological function to urbanized watersheds. Trinidad Rancheria Comprehensive Plan • Retreat from capturing stormwater in underground pipes and shipping it offsite as quickly as possible. • Mimic natural hydrologic processes by utilizing landscaped/pervious areas to manage stormwater near its source Currently, stormwater runoff from impervious surfaces (rooftops, paved roads, walkways, driveways and parking lots) peaks during and immediately after major rain events. Stormwater runoff from parking lots and roads contain oils and grease that adversely affect water quality. Runoff often causes erosion, further affecting water quality and often undermining roads, utilities, and building foundations downstream from the discharge point. 15 Chapter 1.01: Land Use December, 2011 Above Left: Currently, storm water drains to drop inlets which are connected to pipes that convey the water downstream. Above Right: Stormwater drains to a bioretention facility which slows runoff and provides initial filtering. Functioning Landscapes Hardscape Solutions Stormwater needs to be decentralized, incorporating low impact solutions. In order to accommodate runoff onsite as much as possible, small basins can be installed to slow runoff and infiltrate into the ground whenever possible. LID incorporates Best Management Practices (BMPs) that require limits on hard (impervious) area, both in public right-of-way and private property; require that 5% of hard (impervious) surfaces will function as onsite bioretention or infiltration regardless of the size of the development; and, regulations for a 2-year storm frequency on-site, 10-year frequency at the “block” level. Pervious paving allows rainwater to either pass through the paving system itself or through joint openings between the pavers. Streets and parking lots can be designed with a landscape and/or paving system that captures, slows, filters, and potentially infiltrates stormwater runoff. Green streets and parking lots provide stormwater reduction and water quality benefits to runoff before discharging to local creeks. Bottom Left to Right: Impervious surfaces cause stormwater to “pond” before running off. Permeable surfaces allow stormwater to infiltrate into the ground below. 16 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use December, 2011 Above Left: At a larger scale, runoff can be directed to drainage swales that retain and provide initial treatment. Above Right: Open space and native plantings can be integrated into parking lots and streets. Land Use Development Review Process Currently, there is no formal structure or process for reviewing or approving development projects on Rancheria lands. Proposed developments do undergo a de facto review and approval process that involves, depending on the project, the Environmental Department, Cultural Resources, and ultimately the Tribal CEO, Tribal Council, and Community Council. Discussions with staff determined that the need for some kind of formal review process was essential in implementing the goals and policies of this Comprehensive Plan and related Integrated Development Standards. Certainly, the Tribal Council will want some kind of review and approval authority established before they can begin to implement the Comprehensive Plan. Trinidad Rancheria Comprehensive Plan The common theme in discussions of review processes was to keep it simple. There was general agreement that a set of standards or checklist items would help evaluate proposed projects and form the basis of approval or denial. Standards could cover basic development activities such as grading and site disturbance, tree removal, landscaping and building plans (including design review). In the future, formally established committee(s) or boards could be created with the authority to review proposed projects. Until then, it is likely that the Tribal Council will be the body responsible for reviewing and approving development projects. Part II of the Comprehensive Plan will address the development standards in more detail. 17 Chapter 1.01: Land Use December, 2011 Land Use Goals and Policies Goal 1.01.A — Promote Sense of Place and Connectedness Policy 1.01.A-1 — Manage growth to maintain the unique qualities and character of the Trinidad Rancheria as a small coastal Native American community. Policy 1.01.A-2 — In developing land, respect ceremonial areas and individual site features and characteristics, including topography, natural features, and the presence of sensitive biological resources. Policy 1.01.A-3 — Ensure new development minimizes potential visual impacts and does not detract from the scenic character of Rancheria lands. Goal 1.01.B — Promote Efficient Land Uses Policy 1.01.B-1 — Encourage innovative land use patterns including planned developments, mixed uses, and compact development that promote proximity of destinations and linkages. Policy 1.01.B-2 — Develop Design Plans & Development Standards for five special study areas: 1. Trinidad Pier & Harbor 2. Tribal multi-purpose community center 3. Tribal incubator & community retail 4. Tribal casino, hotel, RV park, mini-mart & gas station 5. New housing on Archer Road Policy 1.01.B-3 — All new development shall meet community standards for design quality, open space preservation, and promotion of a livable, sustainable community. Policy 1.01.B-4 — For new commercial development, locate buildings closer to the street, where appropriate, and locate off-street parking areas to the rear of commercial buildings, where feasible. 18 Trinidad Rancheria Comprehensive Plan Chapter 1.01: Land Use December, 2011 Policy 1.01.B-5 — Encourage use of “green construction” and low impact development techniques as a means to reduce the environmental impacts of construction activity. Policy 1.01.B-6 — Encourage all additions and new development to follow green building practices for design, construction, and operation and to incorporate as many LEED prerequisites and credits as feasible. Goal 1.01.C — Avoid Hazards, Nuisances, and Environmental Degradation Policy 1.01.C-1 — In developing land, respect natural hazards and constraints (steep slopes, fault lines, etc.), avoid nuisance level conditions such as offsite light and glare, excessive noise, etc., and employ Best Management Practices for storm water management. Policy 1.01.C-2 — Reduce overdependence on automobiles and green house gas emissions by developing walking and bicycling trails that connect to primary destinations on the Rancheria. Policy 1.01.C-3 — Encourage energy efficiency and water conservation for new development and by retro-fitting existing facilities and structures. Policy 1.01.C-4 — For landscaping, avoid exotic plants in favor of native plants. Remove invasive exotic species on a regular basis. Policy 1.01.C-5 — Adopt a noise ordinance for nuisance level noise conditions on Rancheria land. (Model Noise Ordinances are available through the State Office of Noise Control). Goal 1.01.D — Development Project Review and Approval Policy 1.01.D-1 — Develop a structure and process for reviewing proposed land use development projects to ensure compliance with Comprehensive Plan policies and Integrated Development Standards. Policy 1.01.D-1 — Adopt development standards to implement the Land Use Element and for use in reviewing proposed development projects. Trinidad Rancheria Comprehensive Plan 19 Chapter 1.01: Land Use December, 2011 This page left intentionally blank. 20 Trinidad Rancheria Comprehensive Plan Chapter 1.02:Transportation December, 2011 Chapter 1.02:Transportation The Element includes a summary of the Highway 101 Interchange Design Fair held in August 2009. The purpose of this Design Fair was to develop and evaluate alternative interchange locations and configurations to provide direct access from Highway 101 to the Rancheria’s main parcel, especially the casino and restaurant. Relationship to Other Elements Above: The nose, heart, and lungs of a coastal Redwood canoe. Purpose The purpose of transportation planning is to fulfill goals by developing strategies to meet transportation needs. These strategies address current and future land use, economic development, traffic demand, public safety, health, and social needs. Organization of Element The Transportation Element incorporates much of the information included in the Trinidad Rancheria Tribal Transportation Plan which covers a 20-year timeframe from 20062026. In addition, this Element chronicles the history of transportation prior to European contact as well as the development of a highway system through the State of California, including State Highway 101. Trinidad Rancheria Comprehensive Plan Transportation planning is an element of comprehensive planning as all planning is interrelated. The Transportation Element is directly related to the Land Use, Housing, and Economic Development Elements. It also addresses issues related to public health and safety, and environmental sustainability. This element is consistent with and balances the goals and objectives of the other elements of the Comprehensive Plan. Introduction & Background Transportation History – Pre-Contact The traditional names for the Yurok people living on the coast was Nr’r’nr. Yurok is a Karuk name meaning “downriver.” Within the original ancestral territory there were approximately 74 known village sites, which were situated along the banks of the Klamath or along the ocean streams and lagoons. These sites included fishing and hunting spots, permanent home sites, seasonal sites, gathering areas, training grounds, and spiritual power sites. As the Yurok people lived along rivers and the ocean, canoes were 21 Chapter 1.02:Transportation December, 2011 Above Left and Right: Coastal Yurok made large ocean-going canoes to harvest seafood as well as for coastal trading. one of the principal modes of transportation. Redwood dugout canoes were used for fishing and travel and also used in world renewal ceremonies. As the canoes were made of only Redwood, which was restricted to the coast, canoes were produced by the Yurok and traded primarily to the upriver Hupa and Karuk people as far south as Cape Mendocino and as far north as Port Orford (Oregon). Coastal Yurok made large oceangoing canoes, thirty to forty feet long, six to eight feet in beam, and three feet deep. These canoes could haul up to five tons of cargo and were customarily paddled by five to twenty paddlers and an oarsman who steered the boat from the back. Ocean-going canoes were primarily used along the coast and in the Klamath River, Little River, and Redwood Creek estuaries to harvest mussels, coastal shellfish, salmon, lingcod, seals, otter, and sea lions, as well as for coastal trading. Yurok canoes are considered to have a living spirit and are carved to reflect the human body, with eyes, a nose, lungs, a heart, a belly, and kidneys (A History of Transportation on the Yurok Indian Reservation, Humboldt and Del Norte Counties, California, Yurok Tribe, Winzler & Kelly, Consulting Engineers, January 18, 2005). Although the Klamath River was a primary means of transportation, an elaborate trail system was also heavily utilized. These trails were more than a way of getting from point A to point B. Rather they were a way of “going around,” of conversing, and as a way of being Yurok. The Yurok also considered these footpaths “like people” and believed they must be treated with respect. Heavily utilized trails had many resting spots where users could stop and catch their breath. Predominantly, Yurok trails followed ridgelines and covered an estimated 269 linear miles. Many of the Yurok trails are now roads, which may have first been developed as military roads, then postal routes, and later improved roads for Right: A replica canoe carved out of Redwood. 22 Trinidad Rancheria Comprehensive Plan Chapter 1.02:Transportation wagons, and automobiles traffic. Of the 269 linear miles of traditional Yurok trails, it is estimated that 52% have been covered with modern gravel and paved roads managed by the State, County, national forest, private timber companies and Redwood National and State parks (A History of Transportation on the Yurok Indian Reservation, Humboldt and Del Norte Counties, California, Yurok Tribe, Winzler & Kelly, Consulting Engineers, January 18, 2005). History of Highway 101 Highway 101 is the largest highway in the area, connecting the San Francisco Bay Area with Crescent City and the coastal areas of Oregon and Washington. Locally, Highway 101 is the principal highway connecting the population centers of Eureka, Arcata, McKinleyville, and Trinidad. Construction of the first portion of US Highway 101 (Redwood Highway), consisted of 363 miles between the Golden Gate Bridge to Crescent City authorized by the first State Highway December, 2011 Bond Act approved by voters in 1910 (Winzler & Kelly, Consulting Engineers, January 18, 2005). The current alignment of State Highway 101 (Redwood Highway) was constructed in 1962. At the time, the Bureau of Indian Affairs gave up right-of–way for the new Highway 101, but did not negotiate for direct access on behalf of the Rancheria (Honoring the Past…Looking Toward the Future, Trinidad Rancheria Highway 101 Interchange Community Design Fair, Local Government Commission, June 2009). Beginning in 2001, a series of alternative access feasibility studies addressed the need for improved access to the Rancheria. The initial study recommended a new diamond interchange as the alternative that provides the most significant regional transportation benefits by reducing traffic on Scenic Drive, providing multiple accesses to the Rancheria and increased capacity (Trinidad Rancheria Access Improvement Feasibility Study Final Report, Winzler & Kelly, Consulting Engineers, May 2002). Left: Highway 101 between Westhaven and Trinidad, looking north. Trinidad Rancheria Comprehensive Plan 23 Chapter 1.02:Transportation Connections Strong north to south connections are provided by Highway 101, Scenic Drive and Westhaven Drive. The highway has cut the Cher-Ae Heights Indian Community in half and has become a barrier to east–west connections for both motorized and nonmotorized forms of travel. There are no roads or trails connecting the east side of Highway 101 with the west side between the existing Highway 101 interchanges at Trinidad and Westhaven. Trinidad Rancheria Transportation Plan (TRTP) The Trinidad Rancheria Transportation Plan (TRTP) includes the development of strategies for the design, construction, operation, and maintenance of transportation facilities for moving people and goods both on and off the three land areas that make up the Rancheria. This transportation planning process is continuing and comprehensive to the degree appropriate and is based on the complexity of the transportation problems facing the Tribe (Cher-Ae Heights Indian Community of the Trinidad Rancheria Tribal Transportation Plan 2006-2026, Winzler & Kelly, Consulting Engineers, March 15, 2006). The TRTP is linked to land use, cultural preservation, culture, social, economic, environmental and quality of life goals of the Trinidad Rancheria. The TRTP examines current transportation operations and identifies future transportation needs (both physical and financial). The Tribe’s Transportation planning process has resulted in the development of workable strategies to achieve optimum transportation investment over both the short-range (5-10 years) and long-range (20 years or more) planning horizons (Cher-Ae Heights Indian Community 24 December, 2011 of the Trinidad Rancheria Tribal Transportation Plan 2006-2026, Winzler & Kelly, Consulting Engineers, March 15, 2006). Transportation planning presents a unique challenge to the Tribe due to the jurisdictional status of roads on and near the Rancheria. Trinidad Rancheria circulation components include multiple jurisdictions including Tribal roads, Bureau of Indian Affairs roads and bridges, Humboldt County roads and bridges, City of Trinidad roads, State highways and bridges, and the Trinidad Pier and Harbor (Cher-Ae Heights Indian Community of the Trinidad Rancheria Tribal Transportation Plan 2006-2026, Winzler & Kelly, Consulting Engineers, March 15, 2006). The goals presented in the TRTP are intended to guide the development of an efficient, coordinated Rancheria transportation system and to improve the mobility of Trinidad Rancheria residents and goods. The Tribe has developed goals for each of the following five regional transportation issues: • Roadways (State Highways, Federal Agency Roads, County Roads and Rancheria Roads) • Public Transit • Goods Movement (Trinidad Pier and Harbor) • Recreational Travel • Tourism and gaming-related circulation The TRTP was developed using the format of the Humboldt County Association of Governments (HCAOG) 2004 Regional Transportation Plan Update for the purposes of consistency between the plans. Also, as transportation planning on the Trinidad Rancheria is affected by and is similar to the planning efforts conducted for Humboldt County, some policies are modified versions Trinidad Rancheria Comprehensive Plan Chapter 1.02:Transportation of those found in the Humboldt County 2004 Regional Transportation Plan Update (CherAe Heights Indian Community of the Trinidad Rancheria Tribal Transportation Plan 20062026, Winzler & Kelly, Consulting Engineers, March 15, 2006). The Trinidad Rancheria Tribal Council and individual Tribal members have identified the following general issues related to transportation: • A need for improved pedestrian/bicycle transportation infrastructure on the Rancheria. • A need for right-of-way appraisals and acquisitions to enhance Tribal selfdetermination, cultural integrity, and economic security. • A need to develop the U.S. Highway 101 Interchange. • A need to increase housing, which will have direct impacts on the transportation system and will also affect the demands for transportation system improvements. • The need for expanded economic development and increased employment opportunities. • Low quality road system (the current transportation infrastructure is grossly substandard due to a historic lack of sufficient road-system development funds). • The need to repair or rehabilitate the Trinidad Pier. Indian Reservation Roads Program (IRR) The Indian Reservation Roads Program (IRR) is one of the funding categories under the Federal Land Highway Program. Indian Reservation Roads are public roads Trinidad Rancheria Comprehensive Plan December, 2011 that provide access to and within Indian reservations, Indian trust land, restricted Indian land, and Alaska native villages. In states where tribes do not have reservations, public roads that serve Indian communities or are primarily used by tribal members, may be designated as IRR’s. The Bureau of Indian Affairs and the Federal Highway Administration through an interagency agreement jointly administer the Federal Land Highway Program’s IRR program (Cher-Ae Heights Indian Community of the Trinidad Rancheria Tribal Transportation Plan 2006–2026, Winzler & Kelly Consulting Engineers, March 15, 2006). Highway 101 Interchange Currently, the only automotive access to the Rancheria Main Parcel is by way of Scenic Drive, a two-lane, three-mile-long road that parallels U.S. Highway 101 along the west side from the City of Trinidad to the north and Moonstone and Westhaven communities to the south. Scenic Drive was constructed in the early 1920s on the face of a steep bluff adjacent to the Pacific Ocean, and has experienced extensive damage associated with slope instability and bluff erosion at several locations. Scenic Drive is subject to regular road closures because of its inherent instability (Honoring the Past… Looking Toward the Future, Trinidad Rancheria Highway 101 Interchange Community Design Fair, Local Government Commission, June 2009). To address this deficiency, the Trinidad Rancheria held the Highway 101 Interchange Design Fair May 17-21, 2009. This event was funded by the Humboldt County Association of Governments. Tribal members, community members, and other stakeholders were invited to come together and share their 25 Chapter 1.02:Transportation Right: Map of Highway 101 access to Rancheria properties. December, 2011 Trinidad Pier & Harbor Parcel Trinidad Rancheria Main Parcel and Westhaven Parcel State Highway 101 Archer Road Parcel, McKinleyville vision for improving access to the Trinidad Rancheria. The four-day Design Fair focused on creating a community vision for a livable and walkable community, the incorporation of cultural values, and it highlighted the proposal for a new Highway 101 Interchange to the Rancheria. The overall theme of the Design Fair was: Highway 101 to the core landholding of the Tribe, near the City of Trinidad, is pertinent to all other future planning efforts. Noo-kwo-mey (Yurok) “Gather together, bring together” • Option 3 - Interchange with On/Off Ramps and access to the Rancheria only. During the May 2009 Design Fair, four conceptual interchange designs were developed. Constructing an interchange from 26 • Option 1 - Bicycle/pedestrian overpass • Option 2 - Overpass from Rancheria West to Westhaven Drive without on/off ramps • Option 4 - Interchange with On/Off Ramps and a bridge that connects the Rancheria to Westhaven Drive. Trinidad Rancheria Comprehensive Plan Chapter 1.02:Transportation December, 2011 Top: Following the May 2009 Highway 101 Interchange Design Fair, the Trinidad Rancheria Tribal Council chose Option 3 as the preferred option: Interchange with on/off ramps and access to the Rancheria only. Bottom: Artist’s rendition of Highway 101 Interchange and Overpass. Option 3 will provide access to the West side only. Through this Design Fair, Trinidad Rancheria identified a feasible location and preferred option for the interchange. The Rancheria is currently working with Caltrans to move forward with the Highway 101 Interchange Trinidad Rancheria Comprehensive Plan Project and will begin work on the Project Scoping Report in late 2011. All proposed facilities anticipated within the interchange plan will be subject to the Caltrans Intergovernmental Review (IGR) process. 27 Chapter 1.02:Transportation December, 2011 Above: An artist’s sketch illustrates a fully developed roundabout to be located near the current intersection of CherAe Lane and Ter-Ker-Coo Lane that will direct traffic to and from the Highway 101 Interchange. Roundabout Traffic entering the Rancheria from the future interchange will be collected by a roundabout and directed the the appropriate destination within the Rancheria. The roundabout will be located near the current intersection of Cher-Ae Lane, the main entrance road from Scenic Drive, and Ter-Ker-Coo Lane and will facilitate traffic movement in and out of the Rancheria from the proposed Highway 28 101 overpass or interchange. From there, vehicle traffic as well as pedestrians will be able to access the existing casino/restaurant as well as future development within the Public Realm; or continue to the other roads serving the existing Tribal Operations area and residences as well as future development within the Community Realm. The roundabout will also function as a gateway and “welcome” feature to the Trinidad Rancheria. Trinidad Rancheria Comprehensive Plan Chapter 1.02:Transportation December, 2011 Proposed Projects On April 22, 2004, the Tribal Council, acting in its capacity as the Trinidad Business Committee, in collaboration with the Community Council designated three priority transportation projects for consideration within the five-year planning horizon. Based on the results of the comprehensive road inventory and the transportation priorities of the Cher-Ae Heights Indian Community of the Trinidad Rancheria, the three priority projects include: 1. Improvements to Scenic Drive, the Tribe’s only current access, to avoid road failure and loss of access to the Trinidad Rancheria, Tribal government and economic enterprise. 2. Development of direct access to U.S. Highway 101 to resolve safety and reliability problems of Scenic Drive access, which will continue irrespective of Priority 1. 3. Improvements to Archer Road at the McKinleyville Tract. Trinidad Rancheria Comprehensive Plan 29 Chapter 1.02:Transportation December, 2011 Transportation Goals and Policies The TRTP was completed in 2006 and is intended to be the operative guide for transportation planning for a 20 year planning horizon to 2026. The goals and policies presented in the TRTP are intended to guide the development of an efficient, coordinated Rancheria transportation system and to improve the mobility of Trinidad Rancheria residents and goods. Consult the TRTP for specific goal and policy language. The following goals and policies are intended to serve as the Transportation Element of the Comprehensive Plan: Goal 1.02.A — Participate in Regional Transportation Planning Process Policy 1.02.A-1 — Continue to engage in the regional transportation planning process via Humboldt County Transportation Plan for the purposes of consistency between the plans. Policy 1.02.A-2 — Continue to coordinate transportation plans and improvements with the City of Trinidad, Humboldt County, and California Department of Transportation. Goal 1.02.B — TRTP Goals, Policies and Objectives for Period of 2006-2026 Policy 1.02.B-1 — Consult the TRTP on matters pertaining to transportation improvements necessary to support land use, housing, Pier & Harbor redevelopment, and economic development projects. Goal 1.02.C — Implement Priority Projects Policy 1.02.C-1 — Focus on implementing priority projects within a five-ten year planning horizon including: 1) improvements and maintenance of the Scenic Drive access road; 2) direct access to and from Highway 101 via an interchange: and, 3) improvements and maintenance of Archer Road. 30 Trinidad Rancheria Comprehensive Plan Chapter 1.02:Transportation December, 2011 Goal 1.02.D — Reduce Environmental Impacts of Transportation System Policy 1.02.D-1 — Promote methods and practices available to reduce environmental impacts of transportation within and without Rancheria lands including: • Goods Movement • Recreational Travel • Bikeways and Pedestrian Facilities • Public Transportation • Energy Conservation • Water Quality • Air Quality Goal 1.02.E — Promote Safety and Emergency Access and Evacuation Policy 1.02.D-1 — Ensure that all modes of transportation operate in a safe and efficient manner. Policy 1.02.D-2 — Ensure that quick and efficient emergency access is available to all occupied areas. Policy 1.02.D-3 — Ensure that evacuation plans and routes are well defined, coordinated and publicized to the community at large. Trinidad Rancheria Comprehensive Plan 31 Chapter 1.02:Transportation December, 2011 This page left intentionally blank. 32 Trinidad Rancheria Comprehensive Plan Chapter 1.03: Housing December, 2011 Chapter 1.03: Housing Relationship to Other Elements The Housing Element is most directly related to the Land Use Element where housing location and design issues are addressed and the Transportation Element which includes policies related to access issues. This element is consistent with and balances the goals and objectives of the other elements of the Comprehensive Plan. Above: This structure is a replica of a traditional dwelling constructed at Sumeg Village at Patrick’s Point State Park. Purpose This Housing Plan is a statement of the Trinidad Rancheria’s commitment to maintaining, preserving, improving, and developing housing opportunities for all segments of the community. The Plan contains the goals, policies, and objectives, as well as implementing programs to achieve a high quality, balanced housing stock that accommodates the needs of existing and future Rancheria residents. Organization of Element The Housing Element incorporates background information derived from visioning exercises, focus group discussions with Original Assignees and employees, and includes goals and policies intended to provide and maintain adequate housing for all tribal members. Trinidad Rancheria Comprehensive Plan Introduction & Background Traditional housing was built of split redwood planks arranged vertically for walls and flat for roofs lashed together with deer hide ropes. The “living area” was dug into the ground like a basement with the structure surrounding it where people slept, ate, told stories, and dried acorns, meat and fish around the fire. A hearth typically was located in the center of the structure and smoke escaped through holes in the roof. Many of these dwellings were permanent shelters, while others were temporary or seasonal. Adequate housing is one of the most important issues for the Trinidad Rancheria. Currently, 20 homes exist on the main parcel (7 of which are located west of Scenic Drive), 9 homes are located in the Westhaven parcel (9 acres), and 12 homes have been built in the McKinleyville parcel (27.5 acres) for a total of 41 homes. An estimated 2–4 homes will need to be removed and the residents relocated to accommodate the proposed interchange with Highway 101. Future development of Tribal enterprises on the main parcel may 33 Chapter 1.03: Housing December, 2011 Above Left & Right: Typical single-family dwellings with large lots. result in additional relocation and housing replacement. During a Trinidad Rancheria Employee Focus Group held November 2, 2010, the following comments were gathered: • All the houses are “on your own” for maintenance. • There is some grant money for specific maintenance programs. • Tribal government pays for garbage and fire insurance. • Preventative maintenance of septic pumping becomes a financial consideration. • [Tribal government should] set up a pumping and inspection plan for septic systems. • Housing policy is needed to address assignment turnover. The council currently holds the power. Inheritance issue needs to be addressed. There is a lot of uncertainty. 34 During a focus group discussion with the Original Assignees, a number of comments pertained to the need for housing (Original Assignees Focus Group Notes, Tuesday, November 2, 2010): • Family housing. Would like to see family on the same lot. Multiple homes on one lot. People like to have their family next to them. The “family village” [concept]. Integrated elder care and childcare. • Housing assignments should pass on to next of kin. • Need a concrete policy on housing assignment inheritance. Check out housing assignment ordinance. • There could still be some housing on the main parcel. • 15 units of transitional housing [could be built] (income dependent to determine no cost or low cost). With ICDBG funding, it is possible to build 2-3 units per year and move people out of transitional housing by year 5. Trinidad Rancheria Comprehensive Plan Chapter 1.03: Housing Land acquisition for housing was among the top issues according to the Original Assignees focus group discussion. Sentiments were expressed that living is cheaper in McKinleyville and land is available for additional housing along Archer Road. (Original Assignees Focus Group Notes, Tuesday, November 2, 2010). Similarly, a focus group discussion with Rancheria employees concluded that it was important to maintain housing on the main parcel. Land acquisition becomes an important issue to accommodate all these things, and a continuous land base (Employee Focus Group Notes, Tuesday, November 2, 2010). The Rancheria has a housing program complete with a housing program manager and a housing committee. Housing construction is typically funded by the U.S. Department of Housing & Urban Development (HUD). Typically, HUD December, 2011 requires foundation design by a licensed engineer and inspects construction to ensure compliance with Uniform Building Code (UBC) for Seismic Zone 4. Land or lots for new housing for individuals or family members are made available by the Tribal Council through a process called “assignments.” The land remains in tribal trust but is occupied by the “assignees.” Currently, none of the existing single-family residences are served by municipal sanitary sewer and have on-site sewage disposal systems in the form of septic tanks and leach fields. The land area required for a functional leach field results in the development of relatively large lot, low density housing. Accordingly, most people enjoy the large-lot, single-family residential type of housing as it provides privacy, as well as room to store firewood, fishing boats, and other personal property. Suggestions were received that the Below: This plan clusters housing on smaller lots around a common open space with room for a community center and common leach field. Trinidad Rancheria Comprehensive Plan 35 Chapter 1.03: Housing December, 2011 Rancheria consider higher density housing (e.g., more compact single family detached units, duplexes, townhouses) that could accommodate a greater number of people than the single-family residence on a large lot. College students, tribal members in transitional housing, and single persons could benefit from more compact housing choices. Above: Higher density housing can combine the virtues of single-family dwellings with common open space amenities. It stands to reason that for everyone who desires housing to have a large lot for a singlefamily residence (and room for on-site sewage disposal) the Rancheria will need to purchase a considerable amount of additional land. With more compact development (smaller lots and common leach field areas), housing for more people could be accommodated with less additional land. The Westhaven parcel is nearing build-out capacity, with only one residential building site remaining. Additional land purchases in this area could proffer additional housing development. During the November 2010 Design Fair, the Design Team developed a concept of slightly more compact housing that could fit comfortably on existing available land on Archer Road in McKinleyville. Many of the existing homes have room to develop secondary dwelling units. Secondary or accessory dwellings are often referred to as “mother-in-law” apartments or “granny flats.” The idea works especially well for older (or younger) members of the family who are without children and need less living space but benefit from living close to other family members. This also fits well with many Tribal members’ living styles that often include multiple members of the same family living together or in close proximity. 36 Trinidad Rancheria Comprehensive Plan Chapter 1.03: Housing December, 2011 Housing Goals and Policies Goal 1.03.A — Develop Housing Opportunities for All Segments of The Community Policy 1.03.A-1 — Prepare an inventory of land with adequate and appropriate densities and development standards to meet the Tribal housing needs. Policy 1.03.A-2 — Purchase available property for future affordable housing. Policy 1.03.A-3 — Establish a comprehensive policy that clarifies housing assignments, including whether inheritance is by right or is discretionary. Policy 1.03.A-4 — Establish a policy to relocate housing that will be displaced by the interchange (i.e. relocate within Trinidad, no net loss on Rancheria West parcel, etc.) Policy 1.03.A-5 — Adopt a second unit ordinance that allows second units (aka granny flats) to share a lot with an existing home, provided on-site waste water disposal needs can be met. Policy 1.03.A-6 — Identify appropriate sites for emergency shelters and transitional housing facilities for the homeless or people in transitional situations. Policy 1.03.A-7 — Develop Design Plans & Development Standards for new housing on Archer Road Policy 1.03.A-8 — Provide a choice of housing types, including large-lot single-family detached, compact single-family cottages, and attached units, where feasible. Goal 1.03.B — Promote Energy Efficiency Policy 1.03.B-1 — Establish energy efficiency/green building standards in existing and new housing development as a means of reducing housing costs. (See State Energy Code for requirements relating to energy-efficient construction techniques and building design). Trinidad Rancheria Comprehensive Plan 37 Chapter 1.03: Housing December, 2011 Policy 1.03.B-2 — Develop programs that support individual homeowners to make green retrofits including energy efficiency retrofits, rooftop rainwater harvesting, installing solar panels, window replacement, etc. Policy 1.03.B-3 — Work with the Redwood Coast Energy Authority, and other organizations, to access county-wide energy efficiency and green building programs. Goal 1.03.C — Avoid Hazards, Nuisances, and Environmental Degradation Policy 1.03.C–1 — In developing land for housing, respect natural hazards and constraints (steep slopes, fault lines, etc.), avoid nuisance level conditions, and employ Best Management Practices for storm water management. Policy 1.01.C-2 — For housing, avoid exotic plants in favor of native plants for landscaping. Remove invasive exotic plants on a regular basis. 38 Trinidad Rancheria Comprehensive Plan Chapter 1.04: Economic Development December, 2011 Chapter 1.04: Economic Development Purpose This Economic Development Element guides decision makers including Tribal Council members, Tribal community members, and Rancheria staff in fulfilling the ultimate potential for economic development within the land areas under tribal ownership and management. Organization of Element The Economic Development Element addresses the Tribe’s economic assets, a formal assessment of the most promising economic development priorities, opportunities for economic diversification, and the corresponding goals and policies necessary to implement an overall economic development strategy. Relationship to Other Elements The Economic Development Element is most directly related to the Land Use Element, Cultural Element, and Transportation Element. This element is consistent with and balances the goals and objectives of the other elements of the Comprehensive Plan. main parcel as well as the Trinidad Harbor and Pier, Seascape Restaurant and a vacation rental located at the edge of Trinidad Bay. The main parcel is held in federal trust status while the pier, restaurant and vacation rental are held in fee status subject to City of Trinidad and State of California jurisdiction. Economic development is of critical importance to the Rancheria’s future, and along with housing, drives the land use decisions of the Tribal Council and community (See discussion on Land Use in Chapter 1.01 and Housing in Chapter 1.03). During the Design Fair for the Highway 101 Interchange held from May 17–21, 2009, input on land use was limited due to the focus on a new Highway 101 Interchange to the Trinidad Rancheria. A separate work session with the Tribal Council was held on June 5, 2009 to further discuss the desired land uses to be included in the future. Subsequently, a follow-up Design Fair held from November 1-5, 2010 focused on the preparation of a comprehensive plan, and re-visited land use and economic development priorities and confirmed the desire for the following additional Tribal enterprises on the main parcel: • Hotel • RV Park • Mini-mart/Gas Station Introduction & Background Currently, the Cher-Ae Heights Indian Community of the Trinidad Rancheria (Trinidad Rancheria) owns and operates the Cher-Ae Heights Casino and the adjoining Sunset Restaurant located on the Rancheria’s Trinidad Rancheria Comprehensive Plan These land uses and economic assets are seen as essential in complementing the existing casino and restaurant operations that have supported the Rancheria since their beginning, and better enable the Rancheria to compete in the regional gaming market. 39 Chapter 1.04: Economic Development December, 2011 Above Left: The Cher-Ae Heights Casino & Sunset Restaurant. Above Right: A hotel could provide for dramatic views like those from the Sunset Restaurant. Economic Development Assessment In 2007, the Tribe contracted with Economics Research Associates to provide an assessment of development opportunities on tribal coastal properties (Preliminary Assessment of Development Opportunities on Tribal Coastal Property, Trinidad, Humboldt County, California, Economics Research Associates, August 2007). The results of this assessment study are summarized below: Cher-Ae Heights Casino and Sunset Restaurant The 2007 economic assessment study concluded that the regional gaming market is close to saturation. The aggregate revenues of the five casinos serving the regional market approximate theoretical demand based on resident market area demographics. 40 According to this study, the Cher-Ae Heights Casino currently captures 11 percent of the Humboldt County gaming revenue, well below its potential share based on drawing power factors such as distance from population and demographics. Over the years, updated and expanded facilities of competitors (Blue Lake Rancheria, Rohnerville Ranheria) have placed the Trinidad Rancheria at a competitive disadvantage (Preliminary Assessment of Development Opportunities on Tribal Coastal Property, Trinidad, Humboldt County, California, Economics Research Associates, August 2007). Trinidad Rancheria Comprehensive Plan Chapter 1.04: Economic Development Casino Hotel The study suggested that increasing competitiveness, mostly through facility improvement, could generate about $11 million in gross gaming revenue from the regional day trip market, an increase of about 33 percent over current levels. Additionally, the opportunity exists to augment the market through capturing overnight visitors with a casino hotel. Due to the differences in guest experience, the overnight market does not merely shift revenue away from the day trip market but adds to the day trip market (Economics Research Associates, August 2007). The study further concluded that a 130-room casino hotel positioned as a 3.5 star property ranks highest among the uses and capital projects evaluated and promises a strong economic performance based on two factors: 1) the hotel would produce substantial incremental gaming revenue; and 2) the existing casino would somewhat reduce the building requirements of the hotel as the Sunset Restaurant already exists. The casino hotel would incorporate about 50 rooms for resort-oriented guests (Economics Research Associates, August 2007). December, 2011 The study also looked at a smaller “boutique” hotel of 50-75 rooms, though the economics of a traditional resort-hotel are marginal. The economics could be improved by marketing the hotel units as condominiums. Another alternative involves broadening the casino hotel concept to a position as a resort-casino hotel, whereby the market for the boutique hotel can at least be partially captured (Economics Research Associates, August 2007). Conference Center Other facilities that the study determined to be viable include a conference center serving primarily smaller groups of fewer than 100 attendees that could be developed in conjunction with overnight lodging facilities. Potentially, the casino’s 800-seat bingo hall/event center could be utilized and/or modified in order to meet the needs of such conferences (Economics Research Associates, August 2007). At this time, there is not a lot of specific community interest in a conference facility alone, though ideas related to a community or cultural center could certainly incorporate abilities to hold conferences relatively small in scale. Artist: Joan Briggs, Architect, 2009 Trinidad Rancheria Comprehensive Plan Left: An artist’s sketch illustrates a new hotel built on top of the existing casino & bingo hall with expansive westerly views of the Pacific Ocean and coastline. 41 Chapter 1.04: Economic Development RV Park The economic study also examined the feasibility of a high-quality recreational vehicle (RV) resort and noted that a premium RV park would feature approximately 15 sites per acre (Economics Research Associates, August 2007). Retail Adjacent to Highway 101 Interchange Construction of a new interchange on Highway 101 would benefit the casino and at the same time improve the marketability of the Tribe’s land on the frontage areas of the Highway. The study did not specifically address the economic potential of a gas station and mini-mart, but both of these uses would benefit from their proximity to the new interchange as well as the existing casino, and restaurant and future Casino Hotel and RV Park. Tourism Development Currently, the Trinidad Rancheria has no formal tourism development strategy in place. In 2000, the Rancheria purchased the Trinidad Pier, Seascape Restaurant, and the nearby vacation rental. These facilities provide basic assets related to tourism, especially boating access to Trinidad Harbor and Bay, breathtaking ocean views, surfing, hiking, and sea kayaking among other outdoor activities. This property includes the main entrance and access point to the Trinidad Head, which hosts walking trails, and cultural and historical points of interest. Trinidad Bay was designated as an Area of Special Biological Significance (ASBS) in the 42 December, 2011 1970s in order to protect marine mammal life through the prohibition of waste discharges within this area. Recently, the area was redesignated as a State Water Quality Protection Area and encompasses 1.8 miles and 297 acres of marine waters. Similarly, the California Ocean Plan requires the protection of the kelp beds, considered biologically significant for both the food and shelter provided to fish and invertebrates. Trinidad Bay is also designated as a Critical Coastal Area by the California Coastal Commission (Request for Proposal: Trinidad Pier and Harbor Planning Study, Cher-Ae Heights Indian Community of the Trinidad Rancheria, 2008). The Tribe is currently in the process of designing and constructing a new pier facility, because the existing facility has structural deficiencies as well as toxic creosote on its pilings which have been determined to be a toxic pollutant in ocean waters. A new wastewater treatment facility that serves a new restroom facility and the restaurant has been completed (Trinidad Pier and Harbor Planning Study, 2008). The Trinidad Harbor and Pier lands are currently not held as federal trust lands and are considered harbor fee lands for tax and local and state government jurisdiction purposes. The November 2010 Comprehensive Plan Design Fair focused on economic development opportunities of the Trinidad Harbor and Pier. Many tribal members engaged during the Design Fair process saw ample opportunities to build on the natural and cultural assets of the region. The “gateway” location of the Rancheria to the area’s scenic coastline, nearby Redwood National & State Parks, and the publics’ interest in Native American culture provide opportunities to diversify by becoming more Trinidad Rancheria Comprehensive Plan Chapter 1.04: Economic Development business oriented and less reliant on the casino for revenue. Possible future visitor serving enterprises include the following: • Expanded gift shop at Pier December, 2011 percent of revenues generated from the casino and restaurant (including the new hotel, RV park, and gas station) support Tribal programs and cultural facilities. • Possible future expansion of Seascape Restaurant at Pier • Support micro-enterprise development through technical training and business incubation. • Visitor-oriented business incubator space on main parcel • Invest in and promote tribal tourism development through: • Focus on geotourism assets and associated enterprises • Preservation and development of geo-tourism assets • Branding of cultural resources Economic Development Assessment — Existing Pier & Harbor The Economic Research Associates study also addressed the economic potential of the existing pier and harbor facilities. According to the study, this existing facility is a productive land use as well as serving as part of the recreational visitor infrastructure for the area. The study looked at the expansion of visitor facilities, specifically the existing Seascape Restaurant and specialty retail shops. Embellishment and expansion of visitor serving facilities such as the existing Seascape Restaurant and gift shop would benefit existing and newly developed uses. However, the study found that such visitororiented improvements do not appear to be essential and the direct economic return related to such uses would be modest. Investments in visitor-oriented improvements represent a long-term opportunity and a relatively low priority in the present (Economics Research Associates, August 2007). During focus group discussions with tribal members, polices directed at tourism development were encouraged as follows: • New Tribal business plans should include a policy to ensure a minimum Trinidad Rancheria Comprehensive Plan • Packaging of Tribal and Regional tours, activities, destinations Prosperity! The North Coast Strategy In 1999, the Humboldt County Board of Supervisors adopted a Comprehensive Economic Development Strategy (CEDS) to guide local economic development investments (Prosperity! The North Coast Strategy), including those from the U.S. Economic Development Administration (Prosperity! The North Coast Strategy, Humboldt County, 1999). The Mission of Prosperity is: Grow, diversify and strengthen our economy while preserving and enhancing our quality of life. Using this strategy, the responsibility for job creation remains in the private sector. Publicprivate partnerships are formed to focus resources on specific cluster needs such as: • The development of networks • Specialized infrastructure • Training programs 43 Chapter 1.04: Economic Development The Prosperity strategy is based upon the development of nine industry “clusters” (defined as groups of interconnected businesses that rely on relationships among themselves for efficiencies and competitiveness). Two of these clusters are relevant to economic development of the Trinidad Rancheria: 1) arts and culture, and 2) tourism. The strategy outlined for tourism is summarized as follows: HUMBOLDT COUNTY’S TOURISM ASSETS: Natural Beauty • Native Cultures • Local Architecture • Cultural Events • Internet Market STEP 1: IMPROVE HUMBOLDT COUNTY TOURISM PRODUCTS December, 2011 • Penetrate and Saturate Humboldt’s CarDriver Market STEP 3: HELP IMPROVE THE TOURISM INFRASTRUCTURE • Support Efforts to Improve Road Transportation • Supports Efforts to Improve Air Transportation • Support Efforts to Maintain Natural Resources • Revenue Should Promote Conservation—and extends it to culture and history as well—all distinctive assets of a place. • Support Efforts to Increase the County’s Internet Bandwidth • Repackage Existing Tourism Assets • Support Efforts to Improve Cruise Ship Facilities • Encourage Development of Major Tourism Attractions STEP 4: ENHANCE TOURISM BUSINESS AND WORKFORCE • Develop New Tourism Products with Industry Cluster • Improve the Humboldt County Visitor Experience STEP 2: EXPAND MARKETING OF HUMBOLDT COUNTY TOURISM • Increase Investment in Tourism Marketing • Leverage Spending with Cooperative and Regional Marketing • Improve Marketing Communications with In-County Visitors • Develop Relationship Marketing Program • Develop Wholesale Travel Distribution 44 • Encourage Entrepreneurship • Improve the Tourism Business Climate • Provide Hospitality and Customer Service Training • Stabilize the Tourism Workforce Geotourism According to National Geographic’s Center for Sustainable Destinations (NGCSD), Geotourism is defined as tourism that sustains or enhances the geographical character of a place—its environment, culture, aesthetics, heritage, and the well-being of its residents. Geotourism incorporates the concept of sustainable tourism—that destinations should Trinidad Rancheria Comprehensive Plan Chapter 1.04: Economic Development remain unspoiled for future generations—while allowing for ways to protect a place’s character. Geotourism also takes a principle from its ecotourism cousin—that tourism revenue should promote conservation—and extends it to culture and history as well. National Geographic Travelers Magazine identifies 55 million Americans as geotourists (concerned with sustainability) with 100 million leaning in that direction. Of the 1.36 million people who traveled internationally (at least 3 times in the last 3 years), 74% qualify as geotourists who enjoy aspects of a place that make it distinctive, unique; they are more likely to take measures to protect the environment while they travel. NGCSD traveler surveys have found: • 70% of travelers believe people must live in harmony with nature in order to survive • 40% would do more for the environment if they knew specific actions to take • 27.7 million travelers (18%) would pay a premium to visit sites that control the number of people entering. Many tribes across the United States are recognizing that the public’s view of many local Native American tribes is limited to having knowledge of, or actually having visited their casino. For example, after a decade of operating its casino, the Eastern Band of Cherokee realized that this gift came at a price: when “Cherokee” was referenced, many would reply, “Oh, you mean Harrah’s (a casino)?” The rich heritage and culture for which so much has been sacrificed was being lost and not just to the outside world. Cherokee was losing its history, traditions and cultural compass within the Tribe, especially among Trinidad Rancheria Comprehensive Plan December, 2011 the younger generations (The Story Behind the Successful Cherokee Branding Campaign, undated report). The Cherokee Tribal government, realizing tourism could become self-sustaining by creating revenue and opportunity, established a fairly competitive travel and promotions budget and made tourism as important as other critical budget line items. The travel and tourism budget was supplemented by funds from the Cherokee Preservation Foundation, an entity that receives an annual percentage of profits from the casino to invest in preserving the Cherokee culture. According to a report titled “Tribal Tourism Development: How to Capture Tourists” prepared by the Goss Agency, the solution (to capturing tourists) involves four major steps: Step 1. Brand Development 1. Identify and prioritize the cultural gems; the traditions and history; the things that make your tribe, your Tribe. 2. Identify primary and niche target markets both demographically and psychographically 3. Identify where to reach and find the target audience(s) 4. Communicate the message in a manner that identifies with the target audience personally (makes them laugh, smile, think) Step 2. Develop Visitor War Chest 1. Identify and prioritize the current visitor brand tourism experiences and features 2. Conceptualize new visitor experiences that fit your Tribe’s promise. 45 Chapter 1.04: Economic Development December, 2011 Conclusion In pursuing a geotourism strategy, it is critically important that the geotourism assets upon which the strategy is based be protected from degradation. The NGCSD has found 3 key challenges common to most destinations: • Overuse leading to abuse of certain areas—development that leads to overcrowding Above: Stick Dancers. • Franchise Development that compromises differentiation & diminishes uniqueness of place Step 3. Strategic Marketing Plan • Profits leave community Conceptualize and prioritize ideas and tactics to most cost effectively get your brand message to your target in the disciplines of public relations, media strategy, internet/social media marketing, promotions, and guerilla marketing tactics. Step 4. Tourism Department Structuring & Event Management 1. Structure and Staff Tourism Department 2. Tourism Budget The NGCSD prescribed formula for creating geotourism: Identify, develop, sustain, & promote geotourism assets The geotourism test: Are we sustaining or enhancing the unique quality of our place? It is essential to Protect the tourism product… The place! 3. Event Planning/Execution/Promotions Candidate Gems for Cher-Ae Heights Indian Community* • Housing Replica • Basketry • Boat Making • Stories • Salmon BBQ • Jewelry • Regalia • Dances * list courtesy of Lisa Maulson 46 Trinidad Rancheria Comprehensive Plan Chapter 1.04: Economic Development December, 2011 Goals and Policies Goal 1.04.A — Increase Competitiveness of Existing Cher-Ae Heights Casino and Sunset Restaurant Policy 1.04.A-1 — Promote development that strengthens and enhances the competitive advantage of the casino and restaurant operations specifically a hotel, RV Park, gas station and mini-mart. Goal 1.04.B — Adopt an Economic Development Strategy That Reinforces Sovereignty, Self-Sufficiency, and Sustainability Policy 1.04.B-1 — Promote economic diversification by simultaneously expanding gaming-related enterprises and implementing a tourism development strategy. Policy 1.04.B-2 — Allocate a percentage of gaming revenues along with revenues from restaurant, hotel, and RV park toward tourism development highlighting cultural aspects of Native peoples as well as Tribal programs and cultural facilities. Policy 1.04.B-3 — Invest in and promote tribal tourism development through: • Preservation and development of geo-tourism assets • Branding of cultural resources • Packaging of Tribal and Regional tours, activities, destinations Policy 1.04.B-4 — Support micro-enterprise development through technical training and business incubation. Policy 1.04.B-5 — Support the creation of new office space that is welldesigned and offers amenities and telecommunications infrastructure attractive to new economy business enterprises. Policy 1.04.B-6 — Encourage and support office and professional homebased micro-enterprises. Policy 1.04.B-7 — Support the expansion of local higher education and continuing education institutions to meet workforce training needs of new economy businesses. Trinidad Rancheria Comprehensive Plan 47 Chapter 1.04: Economic Development December, 2011 Goal 1.04.C — Ensure Protection and Restoration of Natural Resources on Tribal Land Policy 1.04.C-1 — Develop a set of principles to promote sustainable tourism and enlightened destination stewardship on Tribal land and other areas critical to maintaining environmental quality, sense of place, and the geographical assets necessary to support tourism development. Policy 1.04.C-2 — Develop mechanisms to protect natural and cultural resources utilizing sustainable practices in the area of housing, tribal operations facilities, tribal enterprises, watershed conservation, conservation of forest and coastal resources, and energy efficiency. Goal 1.04.D ­­— Promote and Enhance Trinidad’s Role as a Sustainable YearRound Tourist Destination Policy 1.04.D-1 — Develop partnerships with the City of Trinidad, County of Humboldt, and other area Tribes and Rancherias in promoting the region as a tourism destination. Policy 1.04.D-2 — Develop a unified map and listing of tourism services with the City of Trinidad, Rancheria, and Greater Trinidad Area. Policy 1.04.D-3 — Continue to support area-wide events and festivals, such as the annual Trinidad Clam Beach Run, among others. Goal 1.04.E — Promote Opportunities for Education and Training Policy 1.04.E-1 — Collaborate with key stakeholders such as Humboldt State University and College of the Redwoods to develop educational and training programs creating future employment opportunities for the schoolaged and young adult population. Policy 1.04.E-2 — Establish a business incubator program to provide support services and financial support to start-up new businesses. As part of this program, pursue State and Federal funding for small-business loans, and grants for publicly-owned infrastructure and micro-enterprise assistance. 48 Trinidad Rancheria Comprehensive Plan Chapter 1.05: Cultural Resources December, 2011 Chapter 1.05: Cultural Resources Purpose Introduction & Background The purpose of the Cultural Resources Element is to identify policies to protect the Tribe’s cultural heritage, including language and traditional ceremonies, archaeological sites, artifacts, cultural landscapes, such as traditional gathering areas and ceremonial sites, and spiritual places both on lands owned by the Trinidad Rancheria and other lands within the traditional ancestral territory. The Trinidad Rancheria is located within the ancestral territory of the Yurok people (O’ohl). Though there are ties to several other tribal groups in the region, the membership is primarily Yurok. Tribal members descend from several villages along the Klamath River as well as the coastal villages from present day Stone Lagoon (Cha-pek) south to the village of Chue-rey (Tsurai), at present day Trinidad (Cher-Ae Heights Indian Community of the Trinidad Rancheria, The People, The Land, and The Water, Marine Life Protection Act Initiative Profile, April 2010). Organization of Element The Cultural Resources Element summarizes the history of the Tribe and addresses matters pertaining to traditional gathering areas and resources, spiritual and ceremonial areas and resources, the role of the Marine Life Protection Act Initiative in maintaining access to these areas and goals and policies designed to maintain, enhance, and promote the Tribe’s cultural heritage. Relationship to Other Elements The Cultural Resources Element is intended to represent cultural issues in other Comprehensive Plan elements including the Land Use, Economic Development, Housing and Transportation Elements. This element is consistent with and balances the goals and objectives of the other elements of the Comprehensive Plan. Trinidad Rancheria Comprehensive Plan The ancestral territory of the Yurok people is comprised of a narrow strip along the Pacific Ocean stretching north from the village on the Little River (me’tsko or sreport) in Humboldt County to the mouth of Damnation Creek in Del Norte County. Within the ancestral territory there are approximately 74 known villages, which are situated along the banks of the Klamath or along the ocean streams and lagoons. Many of these villages were permanent settlements, particularly the villages where ceremonial dances were held, while others were only temporarily inhabited. Each village had its own geographical boundaries, as well as its own leaders who governed various sites and activities within the village. These sites include fishing and hunting spots, permanent home sites, seasonal sites, gathering areas, training grounds, and spiritual power sites (A History of Transportation on the Yurok Indian Reservation, Humboldt and Del Norte Counties, California, Yurok Tribe, Winzler & Kelly, Consulting Engineers, January 18, 2005). 49 Chapter 1.05: Cultural Resources Between first land contact with EuroAmericans in 1849 and the California Gold Rush the tribal population of Chue-rey Village (one of the largest pre-contact Yurok villages in the region) was decimated—by 1916, only a single Chue-rey resident remained (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). In recovering from near annihilation a century ago, the continuation and preservation of the native culture, languages, and traditional life ways have been a very high priority among members of the Trinidad Rancheria (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Cultural Resources Investigation Pursuant to an agreement with National Parks Service in the assumption of Historic Preservation responsibilities the Trinidad Rancheria’s Tribal Historic Preservation Office contracted with Humboldt State University Cultural Resources Facility to conduct a Rancheria-wide Cultural Resources Survey and Inventory. The purpose of the survey and inventory is to identify cultural resources occurring within the Rancheria’s boundaries and to utilize that data to create and maintain a database of historic and culturally significant properties as set forth in Section 101(b)(3)(A) of the National Historic Preservation Act. Fieldwork began in Spring of 2011 and has concluded. A final report is due to the Rancheria by September 30, 2011. Gathering Areas Critical to the social and spiritual recovery of tribal members is the ability to access traditional food staples from the ancestral coastline. Subsistence fishing and seaweed 50 December, 2011 gathering continue to be essential to both physical and cultural survival (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Yurok ancestral territory encompasses approximately 320,000 acres of the North Coast extending north from the village on the Little River (Me’tsko or S’re-por) in Humboldt County to the mouth of Damnation Creek in Del Norte County, and inland along the Klamath River from the mouth of the river at Requa (Re’kwoi) to the confluence of Slate Creek and the Klamath River. Though native people have been confined to a small portion of this territory, whether as members of the Trinidad, Big Lagoon or Resighini Rancherias or of the Yurok Tribe, the people have continued to practice their traditional life ways (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Traditionally, ancestral people subsisted on the abundant plants of the redwood forests (e.g., acorns, mushrooms, and wild herbs and teas), large game animals (e.g., deer and elk) and—as the most readily available and healthful sources of protein—salmon, rock fish (e.g., cod and snapper), surf- fish (smelt), shell fish (e.g., clams, crab, and mussels), and seaweed, all caught or gathered along the ancestral coastline (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Trinidad Rancheria tribal members depend upon the rich diversity of marine and coastal plant resources found within Rancheria lands, as well as throughout ancestral territory, as part of their daily lives. The Rancheria’s lands support many types of culturally significant plants such as red alder (Alnus rubra), Douglas Fir (Psuedotsuga meziesii), Blue Blossom or Soap Plant (Ceanothus thyrsiflorus), Bracken Fern (Pteridium aquilinum), Sword Fern (Polysticum munitum) and Sitka Spruce (Picea sitchensis), and various other roots and Trinidad Rancheria Comprehensive Plan Chapter 1.05: Cultural Resources herbs. Tribal members regularly gather these plant materials for medicinal and cultural uses (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Important marine resources include salmon, clams and abalone (as both food sources and for the shells, which are used in ceremonial regalia), mussels, seaweed, eels, crab, surf fish, candle fish and sea salt. Rancheria Tribal Elders relate memories of subsistence gathering and prayer activities all along the coast line from the Luffenholtz Beach area to the Trinidad Harbor and beyond. Subsistence fishing for crab, salmon, surf fish (smelt), mussels and clams occurred regularly from Source: Cher-Ae Heights Indian Community of the Trinidad Rancheria, The People, The Land, and The Water, Marine Life Protetion Act Initiative Profile, April 2010. Trinidad Rancheria Comprehensive Plan December, 2011 the rocky beaches within the Rancheria’s borders. Families would set up fish camps during the dry months and would harvest and dry these important resources. Non-plant or animal materials with cultural significance found on Rancheria lands in the coastal zone include steatite and chert (Verwayen, 2007) which are used to make items such as bowls and arrow points respectively (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Today, Tribal members regularly gather these plant materials for medicinal and cultural uses (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Left: Tribal participation in the MLPA process emphasized the need to maintain access to traditional gathering sites. 51 Chapter 1.05: Cultural Resources Spiritual/Ceremonial “Resources” Throughout the ancestral territory, Yurok people continually utilize the sacred places to pray and hold ceremonies. Integral to the Coastal Yurok physical and spiritual landscape are the rocks that occur just off shore. These rocks, as with nearly every physical feature within the Yurok world, have names and carry a metaphysical or spiritual significance. The Trinidad Head (Chue-rey-wa or Tsurewa), for instance, figures prominently in tribal histories regarding ceremonial practices (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Though many important ceremonial and spiritual activities were limited by the United States Government, the Yurok people did not stop or forget the ways of their ancestors. Over the last 30 years, Yurok people have worked tirelessly to revitalize the ceremonial dances. Trinidad Rancheria tribal members actively participate in numerous ceremonies throughout the ancestral territory (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Recently, a Flower Dance (coming of age ceremony) was held on the coast, at Sumeg Village in Patrick’s Point State Park. It was December, 2011 the first such ceremony to occur on the coast in 120 years. A major component of this ceremony is the ritual bathing that the girl must complete every morning, and naturally, given that this was a coastal ceremony, these bathing places occurred at intervals along the ocean and in streams along the coastal bluffs. Thus the ocean itself (pishka’l) is an important cultural resource from a spiritual point of view (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Every object or feature within the cultural landscape has importance in the continuity of the Tribe’s traditional way of life—from the sharp rock in the water known as kwee-gerep to the remnants of former village homes. This land and the beings that inhabit it, that are now referred to as cultural resources, are an integral part of who Tribal members are as a people. Without them, they do not exist (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). There is a phrase in the Yurok language—noohl hee-kon—which translates to “the beginning of time” and it is the measure by which the people place themselves in the world. They believe that their people were created in this land, as were the resources that allowed the people to flourish physically, culturally and Below Left: Replica of traditional Dance Pit at Sumeg Village. Below Right: Replica of traditional sweat lodge for men at Sumeg Village. 52 Trinidad Rancheria Comprehensive Plan Chapter 1.05: Cultural Resources December, 2011 Above Left: Young woman models traditional regalia. Above Right: Close-up of materials used in traditional regalia. spiritually (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). During the opening presentation of the November 2010 Design Fair, tribal members were engaged in an exercise that asked them to express their vision for the future of the Rancheria. Visions related to cultural resources are summarized below: The Employee focus group discussion during the Design Fair raised a number of issues related to cultural resources including the following. • Build a Tribal Museum/Cultural Interpretive center. Build a replica village for educational purposes and tribal cultural use. Build it on main parcel. • For all members to be more involved in the ceremonies and our culture. To be united and stand together forever. • Establish protection of native rights to gather at subsistence level. • Develop a museum and visitors center. Similarly, the Original Assignees focus group discussion included a number of comments regarding cultural resources: • For a promising future for our people. Where we are proud of who we are and where we come from. • Would like to see the sea easily, and to get to it for gathering fish, seaweeds and mussels. • My dream for my tribe is unity—a dream we’ve all had for a long time. Hopefully it will happen keeping the original assignees land for our children’s future home. • Create a community center, youth center, museum, trail to the ocean. Trinidad Rancheria Comprehensive Plan • Joy and Juanita would be great for storytelling, people would come from all around to hear the stories. Baskets could be stored. • Provide education for tribal members as well as visitors. • There is a strong link to gathering of seafood and fish on the entire north coast. • Need a kids/recreation center with a place for classes, beading, sewing, sculpting, dressmaking, and regalia making. 53 Chapter 1.05: Cultural Resources Marine Life Protection Act The Marine Life Protection Act (MLPA) of 1999 directs the state to reevaluate and redesign California’s system of marine protected areas (MPAs) to: increase coherence and effectiveness in protecting the state’s marine life and habitats, marine ecosystems, and marine natural heritage, as well as to improve recreational, educational and study opportunities provided by marine ecosystems subject to minimal human disturbance ( http://www.dfg.ca.gov/mlpa). There are six goals that guide the development of MPAs in the MLPA planning process: 1. Protect the natural diversity and abundance of marine life, and the structure, function and integrity of marine ecosystems. 2. Help sustain, conserve and protect marine life populations, including those of economic value, and rebuild those that are depleted. 3. Improve recreational, educational and study opportunities provided by marine ecosystems that are subject to minimal human disturbance, and to manage these uses in a manner consistent with protecting biodiversity. 4. Protect marine natural heritage, including protection of representative and unique marine life habitats in California waters for their intrinsic values. 5. Ensure California’s MPAs have clearly defined objectives, effective management measures and adequate enforcement and are based on sound scientific guidelines. 6. Ensure the State’s MPAs are designed and managed, to the extent possible, as a network. 54 December, 2011 California is taking a regional approach to redesigning MPAs along its 1,100 mile coastline, and has divided the state into five study regions. The North Coast Study Region (California/Oregon border to Alder Creek near Point Arena in Mendocino County) is the fourth Marine Life Protection Act (MLPA) study region to undergo the regional marine protected area (MPA) planning and re-design process. This regional process started June 2009 with a series of introductory workshops and open houses. The MLPA also requires that the best readily available science be used in the redesign process, as well as the advice and assistance of scientists, resource managers, experts, stakeholders and members of the public. Since July 2009, the Trinidad Rancheria (as a stakeholder) has been collaborating with the Trinidad Fisherman in an effort to participate in the Marine Life Protection Act (MLPA ) Initiative and to bring a positive contribution to not only the Trinidad Community, but the entire North Coast Region (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). The group became known as “The Trinidad Traditional Fisheries Coalition” and is comprised of the Trinidad Rancheria Tribal Council and Staff, and the Trinidad Fisherman. The group has been meeting weekly since July 2009 and has made substantial progress in understanding and participating in the MLPA planning process (Trinidad Rancheria, Marine Life Protection Act Initiative Profile, April 2010). Tribal participation in the MLPA process emphasized the need to maintain access to traditional gathering sites. Presently, Tribal members face extensive fishing regulation in state and federal waters and are not able to fish in many locations due to closures. Trinidad Rancheria Comprehensive Plan Chapter 1.05: Cultural Resources December, 2011 Above Left: Roof styles and siding material at the UIHS facility mimic traditional forms. Above Right: The main doorway utilizes the circular form of the entrance to traditional dwellings. Building Styles & Materials Throughout the Design Fair, reference to Tribal culture and history were a constant and common denominator for many of the Tribes’ future plans and programs. Traditional building of dwellings, sweat houses, dance pits, etc. were both a function of the climate and available materials. Redwood slabs were the basic material for sides and roofs. Peaked roofs shed the winter rains. The structures were usually placed over an excavated, below-ground area allowing for a low, aboveground profile while utilizing the earth as a means for cooling in summer and warming in winter months. Structural limitations kept these buildings low with a relatively small footprint. The United Indian Health Service (UIHS) facility in Arcata illustrates how traditional building styles and features can be integrated into modern buildings designs. Future development of new facilities can incorporate traditional features into architectural designs as well as incorporating many such features in site landscaping. Below Left: Rain gardens collect runoff from roofs and paved areas. Below Right: Solar panels provide electricity for lighting & heating. Trinidad Rancheria Comprehensive Plan 55 Chapter 1.05: Cultural Resources December, 2011 Cultural Resources Goals and Policies Goal 1.05.A — Protect All Cultural Resources Policy 1.05.A-1 — Cultural resources providing significant historic, scientific, educational, social, and economic contributions to present and future generations shall be identified during any project development review, assessed as to significance, and if found to be significant, protected from deterioration, loss, or destruction. Policy 1.05.A-2 — Ensure that Tribal organizations, historical organizations, and applicable agencies are consulted by City of Trinidad and County of Humboldt, during discretionary project review, zone reclassifications, and Plan amendments for the identification and protection of cultural resources. Consultation on ministerial permits shall be initiated if it has been determined a project may create a substantial adverse change in the significance of a cultural resource. Policy 1.05.A-3 — Projects located in areas found to have cultural resources shall be conditioned and designed to avoid loss or substantial degradation of these resources. Mitigation measures shall be required where new development would adversely impact cultural resources. Goal 1.05.B — Develop a Tribal Cultural Center Policy 1.05.B-1 — Develop a multipurpose center that would include space and facilities for a cultural museum, community center, youth activities, storytelling, basketry, dress and regalia making, language training, library, etc. Policy 1.05.B-2 — Working with the Cultural Committee and Tribal Elders, support and strengthen a cultural program designed to engage youth in the language and practices of their heritage. Policy 1.05.B-3 — Develop an activity center for tribal youth with emphasis on sports and physical fitness and wellness. 56 Trinidad Rancheria Comprehensive Plan Chapter 1.05: Cultural Resources December, 2011 Goal 1.05.C — Access to Traditional Ceremonial and Gathering Areas Policy 1.05.C-1 — Identify all significant cultural sites including traditional gathering and ceremonial areas as part of maintaining access to the Tribe’s cultural heritage. Policy 1.05.C-2 — Work with federal, state, and local governments to ensure protection of and access to significant traditional cultural sites. Goal 1.05.D — Promote Traditional Building Styles and Materials Policy 1.05.D-1 — New construction of tribal facilities should incorporate traditional building styles, designs, and materials, where appropriate. Policy 1.05.D-2 — Utilize traditional Tribal icons and language in directional and information signage, interpretive displays, and for such accessories as trash receptacles, benches, lighting, planters, etc. Trinidad Rancheria Comprehensive Plan 57 Chapter 1.05: Cultural Resources December, 2011 This page left intentionally blank. 58 Trinidad Rancheria Comprehensive Plan Appendix December, 2011 Appendix Trinidad Rancheria Comprehensive Plan A-1 Appendix December, 2011 Appendix A: References Cher-Ae Heights Indian Community of the Trinidad Rancheria, The People, The Land, and The Water, Marine Life Protection Act Initiative Regional Profile, The Trinidad Traditional Fisheries Coalition, April 6, 2010 A History of Transportation on the Yurok Indian Reservation, Humboldt and Del Norte Counties, California, Yurok Tribe, Winzler & Kelly, Consulting Engineers, January 18, 2005 Preliminary Assessment of Development Opportunities on Tribal Coastal Property, Trinidad, Humboldt County, California, Economics Research Associates, August 2007 Cher-Ae Heights Indian Community of the Trinidad Rancheria Tribal Transportation Plan 2006-2026, Winzler & Kelly, Consulting Engineers, March 15, 2006 A-2 Honoring the Past…Looking toward the future, Trinidad Rancheria Highway 101 Interchange Community Design Fair, Local Government Commission, June 2009 The Story Behind the Successful Cherokee Branding Campaign, undated report provided by Lisa Maulson, Trinidad Rancheria member. Prosperity! The North Coast Strategy, Humboldt County, 1999 Tribal Tourism Development: How to Capture Tourist, Goss Agency, (no date) Request for Proposal: Trinidad Pier and Harbor Planning Study, Cher-Ae Heights Indian Community of the Trinidad Rancheria, 2008 Trinidad Rancheria Comprehensive Plan Appendix December, 2011 Appendix B: Workshop and Meeting Notes Disclaimer: The following Workshop and Meeting Notes reflect comments that are the individual thoughts, opinions and feelings of attendees and may not be entirely accurate/ factual. Vision Cards from Opening Night of the Design Fair November 1, 2010 • One stop tourist hub with mixed use housing that blends into the environment. Clean and green. • Homes for everybody. Jobs for everyone. Fishing—crab sales or a fish hatchery. Roo [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acher-ae_heights%3A95f92a8c88644fdb. Public record. Not legal advice.