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Subject: Water concerns 2/22/22: Public Opinion post [updated] From: paula levine <[email protected]>
Date: Thu, Feb 24, 2022 1:45 pm
To: Trinidad City Clerk <[email protected]>, paula levine <[email protected]> Water Concerns
This is a request, again, that the City Council include in every monthly agenda, a progress report on the studies and cost of the Luffenholtz watershed project.
I had a meeting with City Manager Eli Naffah on Feb.10 concerning progress on engineering and geological work in the Luffenholtz watershed:
A large colorful map of Luffenholtz watershed was displayed.
Eli identified the relatively small area near the water plant where PWA has identified 20+ properties that may be suitable for the new holding tank in the City Grant Proposal.
To be done: contacting owners and negotiating the possible purchase of a suitable property.
I brought to Eli's attention that an Elder Gentleman informed the City Council at their public meeting that the County owned a piece of property not in use in the area that PWA was researching and may give the lot to the City. If so, wouldn't it make sense to investigate this lead before investing any more time and resources in PWA's search for a suitable spot? I asked him to follow up on this lead and present information in his Luffenholtz Progress Report at the next CC meeting.
Eli agreed to follow up on the County owned parcel.
Engineering work done by GHD [in conjunction with PWA's investigation]: unknown.
Referring to the large area in the upper Luffenholtz watershed that was described in PWA's initial lengthy CC public geological lecture, Eli clarified that "the ponds concept... it is just not being addressed under the current scope. Any other ideas could become part of a scope in the future."
What does "the ponds concept [upper Luffenholtz watershed development] ... not being addressed under the current scope" mean?
What has the PWA and GHD accomplished with the contracts they were awarded by the City Council to study the feasibility of developing Luffenholtz?
I expressed the observation that the original PWA report, which cost upwards of $6,000, could not assess forthcoming drought variables, could not provide any feasibility data relevant to pursuing upper Luffenholtz watershed development, and recommended the City contract for more Luffenholtz studies [which it subsequently hired PWA to do for over $20,000].
The GHD report submitted at the same CC meeting strongly advised the City Council to negotiate a contract to connect with HBMWD now, not in 3-5 years.
Why did the Council choose the advice of one firm over another? That's a deep dive.
The reliability of our water system depends on the vigilance of the Water Advisory Council and the City Council in carefully assessing the facts and educated opinions related to:
*Climatology
* Community concerns of water resiliency and water quantity leading to undesirable development *The feasibility or lack thereof of upper Luffenholtz development *The feasibility of HBMWD
*Costs:
1.City cleaning of creek water compared to obtaining clean potable water from HBMWD
2. proceeding sooner or later with HBMWD feasibility [waiting would possibly limit the choice of a larger diameter pipeline which would lower the ongoing water costs to the city].
3. Relative costs of staff required to operate an independent municipal system compared to obtaining potable water from HBMWD
4. Risks of continuing inflation
5. Unknown variables of grants being available
To be continued:
*Discrepancies in past CC financial report, to be followed up with Gabe first. If questions are not answered, to be followed up Workspace Webmail :: Print 3/4/22, 4:18 PM
https://email16.secureserver.net/view_print_multi.php?uidArray=33317|INBOX&aEmlPart=0 Page 2 of 2 with Eli.
*Water plant staff and budget
------------------------------------------------------- Paula Levine
Mill Creek water customer
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Monday, March 14, 2022 at 14:00:46 Pacific Daylight Time
Subject: My January ‘22 & February ‘22 documents no5fying and discussing the City of Trinidad’s 2021 Resolu5on passing an uncons5tu5onal tax increase against our City’s commercial hotel and short-term rental (STR) business’ guests, and then illegally requiring owners and operators to collect and pay such uncons5tu5onal tax increase to the City. These documents are for the next City of Trinidad City Council Mee5ng March 8, 2022, and I require they be included in Council packets and online, for the Public, please. Fwd: 2. Cons5tu5onality of the Council’s Hotel Tax (tot) Increase 1. City requirements for acceptance and verifica5on. Fwd: CITY OF TRINIDAD 2022 TOT (Tax) Increase Uncons5tu5onal: Type of Tax and Ini5a5ve Info Request Date: Tuesday, March 1, 2022 at 7:45:44 AM Pacific Standard Time From: Michael or Tyler Trinidad-California.com
To: City of Trinidad
CC: Mike Morgan, Innkeeper Trinidadbaybnb@iCloud, Trinidad City Manager, Jack West, Steve Ladwig, [email protected] Gans, Jack Durham
AEachments: 2022 Oops Tax Increase.pages
March 1, 2022
CITY OF TRINIDAD
ATTENTION: City Clerk, Manager, et al.
My January ‘22 & February ‘22 documents no5fying and discussing the City of Trinidad’s 2021 Resolu5on passing an uncons5tu5onal tax increase against our City’s commercial hotel and short-term rental (STR) business’ guests, and then illegally requiring owners and operators to collect and pay such uncons5tu5onal tax increase to the City. These documents are for the next City of Trinidad City Council Mee5ng March 8, 2022, and I require they be included in Council packets and online, for the Public, please.
Sent from Mike Morgan,
Former City of Trinidad Councilman,
Trinidad California Tourism & Lodging ❤
Begin forwarded message:
From: "Michael or Tyler Trinidad-California.com" <[email protected]> Date: February 7, 2022 at 9:15:35 AM PST
To: City of Trinidad <[email protected]>
Cc: Mike Morgan <[email protected]>, "Innkeeper Trinidadbaybnb@iCloud" <[email protected]>, Trinidad City Manager <[email protected]>, Jack West <[email protected]>, Steve Ladwig <[email protected]>, "[email protected] Gans" <[email protected]>
Subject: 2. ConsHtuHonality of the Council’s Hotel Tax (tot) Increase 1. City requirements for acceptance and verificaHon. Fwd: CITY OF TRINIDAD 2022 TOT (Tax) Increase UnconsHtuHonal: Type of Tax and IniHaHve Info Request
February 7, 2022
CITY OF TRINIDAD
ATTENTION: City Clerk, Gabe
REGARDING NUMBER 2.
2. Constitutionality of the Council’s 2022 Hotel Tax (tot) Increase Let’s get number 2. “Who is going to weigh in on the Constitutionality of the Council increasing this general tax the way it did?” answered before we go down some complicated process of addressing this through some city voter initiated process. IDK, can a legislative general tax increase be subsequently reduced through such a process? It can be repealed by a simple majority residential vote. Over 65% are repealed, so it’s an encouraging process. Guessing we’d have to repeal it by replacing it.
Status: As of Sunday, February 6, 2022, I’ve asked this to be put on the next City Council Agenda.
I’ve also asked our City Manager, Eli, and Councilmember West, Jack, to get City Attorney Russ Gans’ Firm’s legal opinion, asap.
Though Gans’ City STR “urgency” ordinance, 2020-03
( https://trinidad.ca.gov/sites/trinidad.ca.gov/files/library/12-10-2020%20scc%20packet.pdf ), was an embarrassing mess, it would seem his firm could assist us, as they advertise providing “quality and prompt advice.”
Municipal/Public Entity Law “ Our Firm advises and represents local municipalities and special districts regarding a variety of municipal law issues. Our Firm serves as City Attorney and General Counsel for a significant number of public entities throughout Humboldt and the surrounding counties. We pride ourselves in taking a team approach to public entity representation to provide quality and prompt advice.” https://www.mitchelllawfirm.com/about-us/#municipal-public-entity-law page 1
4 pages: PDF with active links
REGARDING NUMBER 1.
1. City requirements for acceptance and verification.
Thanks for your link: https://ballotpedia.org/Article_II,_California_Constitution At first, it seems more for statewide initiatives and referendums. Helpful, but is it appropriate, is it up-todate and official? Isn’t this better? https://leginfo.legislature.ca.gov/
Your link reference: §10(e) “The Legislature shall provide…” would seem to require (shall) that our local legislature, CITY OF TRINIDAD Council, “provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted…” to the electors via our local legislature.
I confirmed §10.(e) https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml? lawCode=CONS§ionNum=SEC.%2010.&article=II
From your ballotpedia.org:
CALIFORNIA CONSTITUTION
Article II
Section 10.
(e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.[1] Section 11.
(a) Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b) and (c), this section does not affect a city having a charter.
Section 16.
The Legislature shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.[1]
As stated in number 2. above, dealing with an unconstitutionally passed general tax increase by our city council should be simpler than an ordinance initiative process or veto referendum.
That being said, thanks for the site reference:
https://ballotpedia.org/Laws_governing_local_ballot_measures_in_California page 2.
Laws governing
local ballot measures in California
All California counties and cities have a mandated initiative and referendum process for local ballot measures.
This article sets out the laws governing local ballot measures in California. It explains:
Which local units of government make the initiative process available to residents.
I’m still reading about the availability and appropriateness of veto referendum power at our local level, but it’s encouraging — voter repealed rate is over 65% of targeted laws.
A veto referendum is a type of citizen-initiated ballot measure that asks voters whether to uphold or repeal a law passed by the state legislature, a city council, a county board of supervisors, or some other legislative body.
But, most helpful:
Tax Measures section. It leads us to where I began, Section 2., which I attached as a PDF: CONS, ARTICLE XIII C §2.(b).
But, a BIG thank you, because it also lead me to California Proposition 218 (see below), and to this Hotel tax definition:
Hotel taxes are locally imposed taxes paid by guests who occupy hotels, short-term rentals, or other lodging for less than 30 days. They are also referred to as transient occupancy taxes. Cities and counties can levy hotel taxes. A hotel tax levied by a county applies to unincorporated areas of the county.[1]
Voter approval is required to impose a new hotel tax or to increase an existing tax. A hotel tax may be a general tax or a special tax.[2]
page 3.
page 4.
Sent from Mike Morgan
Trinidad California Tourism & Lodging
iPadPro iCloud Account
Begin forwarded message:
From: "Michael or Tyler Trinidad-California.com" <[email protected]> Date: February 4, 2022 at 12:42:16 PM PST
To: [email protected]
Cc: Trinidad City Manager <[email protected]>, Steve Ladwig <[email protected]>, Jack West <[email protected]>, "[email protected] Gans" <[email protected]> Subject: Re: CITY OF TRINIDAD 2022 TOT (Tax) Increase UnconsHtuHonal: Type of Tax and IniHaHve Info Request
Thank you Gabe, it is a start.
1. I expect the City should, and will need to, know the exact requirements for acceptance and verifica5on. I expect the City to provide me with such. I need City approved, official requirements. Sending me out on links to chase it down is helpful, but only to verify whatever the City says it will need for acceptance.
2. Who is going to weigh in on the Cons5tu5onality of the Council increasing this general tax the way it did?
see alached: Copy of STATE OF CALIFORNIA pdf
CALIFORNIA CONSTITUTION - CONS
ARTICLE XIII C [VOTER APPROVAL FOR LOCAL TAX LEVIES]
ARTICLE XIII C [VOTER APPROVAL FOR LOCAL TAX LEVIES]
[SECTION 1 - SEC. 3]
SEC. 2.
(b) No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a
unanimous vote of the governing body.
(c) Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the voters voting in an election on the issue of the imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision (b).
The Occupancy Tax is a general revenue tax.
hlps://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml? tocCode=CONS&division=&5tle=&part=&chapter=&ar5cle=XIII+C&nodetreepath=18 hlps://leginfo.legislature.ca.gov/faces/codes_displaySec5on.xhtml? lawCode=CONS&sec5onNum=SEC.%202.&ar5cle=XIII%20C
Sent from Mike Morgan
Trinidad California Tourism & Lodging
iPadPro iCloud Account
On Feb 4, 2022, at 10:52 AM, [email protected] wrote:
Hi Mike,
I see two questions in your letter, below. The hard copy was received by the City of Trinidad.
The first question asks if the tax is a general or special tax. The Occupancy Tax is a general revenue tax.
The second question, if I understand you correctly, asks to instruct you of the City of Trinidad signature and other requirements to lead to an initiative or referendum of the Occupancy Tax. That information can be found in the California Elections Code, which I'm not an expert in, but I did a quick web search and found a nice summary of the voter initiative process that will lead you to sections of the code describing the requirements.
The specific section is towards the bottom of the page:
https://ballotpedia.org/Laws_governing_local_ballot_measures_i n_California
To clarify, the occupancy tax ordinance was initiated legally by the city in 1992.
https://www.codepublishing.com/CA/Trinidad/#!/Trinidad03/Trini dad0320.html#3.20
The rate was increased by the Council by Resolution 2021-14 on November 09, 2021. See meeting packet below, Discussion item 9. I included a staff report that explains the legal channels followed to increase the tax 2%, effective January 01, 2022. https://trinidad.ca.gov/sites/trinidad.ca.gov/files/library/11-09- 2021%20cc%20packet.pdf
Hope this helps answer your questions. It sounds like you'll be sharing more information during the public comment section at Tuesday's Council meeting.
Gabe
-------- Original Message --------
Subject: Fwd: CITY OF TRINIDAD 2022 TOT (Tax)
Increase Unconstitutional:
Type of Tax and Initiative Info Request
From: "Michael or Tyler Trinidad-California.com"
<[email protected]>
Date: Fri, February 04, 2022 9:29 am
To: City of Trinidad <[email protected]>
GABE,
I’m getting no response, other than the City stamped
receipt of this letter, to my concern. Would you please include it in the Council packet for their next meeting? Would you also let me know what section it is included
in.
I planned on addressing current CDPH Guidance, Mask
Exception Self-attestation, during Public comment, but I could try and speed-read this in if you cannot include it for our reference at the meeting.
Thank you, and have a super weekend Mike
Sent from Mike Morgan
Trinidad California Tourism & Lodging
iPadPro iCloud Account
Begin forwarded message:
From: "Michael trinidadbaybnb.com"
<[email protected]>
Date: February 2, 2022 at 12:24:12 PM PST
To: Trinidad City Manager
<[email protected]>, Jack West
<[email protected]>, Steve Ladwig
<[email protected]>
Cc: [email protected], City of
Trinidad <[email protected]>
Subject: CITY OF TRINIDAD 2022 TOT
(Tax) Increase Unconstitutional: Type of
Tax and Initiative Info Request
February 2, 2022
CITY OF TRINIDAD
ATTENTION: City Manager
Per our meeting here yesterday, I’m
resending this letter requesting immediate
information. This is the third notification
and request. We received City stamped
copies as part of our TRINIDAD BAY BED
AND BREAKFAST HOTEL tot filing from the
City Clerk at Town Hall last month.
Sincerely, Mike Morgan