MINUTES OF THE SECOND REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, AUGUST 28, 2022 (LIVE/HYBRID
I. CALL TO ORDER
Mayor Ladwig called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Ladwig, West, Tuttle in-person. Kelly was absent. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Deputy Clerk Anton Souza, Project Manager Jennifer Hakenen, City Planner Trever Parker, Approximately (6) zoom participants were present online at the beginning of the meeting, and (6) present in the audience.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF THE AGENDA
Motion (West/Tuttle) to approve the agenda as amended, moving Discussion 4 to first on the agenda. Passed unanimously.
IV. APPROVAL OF MINUTES
May 10, 2022cc, May 24, 2022c2, June 14, 2022cc, June 28, 2022 cc2, July 19, 2022 scc closed session.
Motion (West/Tuttle) to approve minutes as submitted. Passed 3-0.
V. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: HTA converting to hydrogen bus fleet, and beautification projects underway. Trails Advisory Committee met and discussed improving trail access and signage throughout the City, including up Trinidad Head.
VI. STAFF REPORTS - None
VII. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Jim Belak - Trinidad
Galindo/Van Wycke Street resident concerned with paving today. Should get timely notices out to residents.
Mike Morgan - Trinidad
Submitted public comments in writing, included in the public record. Stop wasting tax dollars on the lawsuits.
Support businesses, not knocking them down.
VIII. CONSENT AGENDA
1. Financial Statements - June 2022
2. Law Enforcement Report - July 2022
3. Voting Delegate Bylaw Amendment Recommendations for the League of CA General Assembly Meeting.
4. Master Services Agreement Task Orders 3 & 4, Bypass Flow Telemeter Integration, and LSAA Compliance Reporting.
Motion (West/Tuttle) to approve the consent agenda as submitted. Passed unanimously.
VI. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Terms of Drinking Water System Emergency Intertie Agreement MOA Between the City of Trinidad and Westhaven Community Services District.
City Manager Naffah explained that as directed by Council on December 14, 2021, staff has been working to develop an Emergency Intertie Agreement (Agreement) with Westhaven Community Services District (WCSD) for Council and WCSD Board approval. On July 14, Council authorized the Mayor to sign the Interim Agreement (July version). The WCSD Board did not approved this version in July. The City and WCSD met again on August 9 and discussed several additional items requested by WCSD. An amended Interim Agreement was drafted for review and approval by the WCSD Board and City Council. The WCSC Board unanimously approved this amended interim agreement on August 17. This amended Interim Agreement (August 12 version) is being presented to City Council for review and possible approval.
The Interim Intertie Agreement includes provisions for constructing and operating the Emergency Intertie through the useful life of the intertie facilities. Design, permitting, and construction of the Emergency Intertie is 08-23-2022 City Council Meeting Minutes Page 1
being funded by Multi-benefit Drought Relief Program (MBDRP) funding from the Department of Water Resources (DWR) Grant Agreement 4600014620, executed June 20, 2022.
The emergency intertie will consist of a water line connecting two water systems that allows one water system to provide water to another system during an emergency, provided water is available from the supplying agency. The Emergency Intertie facilities include pipes, valves, fire hydrants, a pump station and possibly a back-up generator. When the project agreements are in place, initial project tasks include design, environmental documentation and permitting, with construction of the emergency intertie scheduled for summer 2023. This project has been funded by DWR to address immediate and near-term impacts of the drought, and the grant has tight timelines so getting the project underway soon is important.
The amended agreement includes revisions regarding 1) inclusion of a clarification regarding conservation measures to be implemented during activation of the emergency Intertie and 2) construction cost sharing.
Conservation Measures: Intertie Agreement item 8.d describes emergency notifications during activation of the emergency intertie. The amendment provides the reference to the WCSD Ordinance Section 6 and City of Trinidad Water Shortage Contingency Plan stage 4 which would be implemented during activation of the emergency intertie.
Cost Sharing: The Intertie Agreement item 3 outlines what would happen if the cost of construction exceeded the grant budget. "In the event that costs exceed the budgeted funds for the construction contract provided through the MBDRP Grant, the parties will reduce scope of project while still accomplishing objectives and/or seek additional funding. If there is still a funding shortfall, the clause specifies how the additional costs" would be shared. The version approved by Council on July 12 specified a 50%-50% spilt of WCSD has proposed a cost sharing proportionally. The rational is because the Westhaven water system is smaller than the Trinidad water system, Westhaven proposed apportioning construction cost overruns based on respective annual water sales:
"...the additional funds required to complete construction (construction contract only) shall be apportioned between the City and District 50% 50% according to their respective most recent relative annual water sales.
Thus, for example, if City annual water sales revenue were twice that of District, then the sharing of cost overruns would be 66.66% City: 33.33% District."
Using the proposed proportional cost sharing based on annual water sales, in a hypothetical situation sharing costs during the current year, last years' annual water sales would be used to calculate the %: City of Trinidad would pay approximately 59%, and Westhaven would pay approximately 41%, based on last year's Hypothetical
situation for Proportional
cost sharing share of
this year. cost
FY 21- Total overruns
22 Water water during FY
Sales sales 22-23
City $318,925 $537,384 = 59.35%
WCSD $218,459 $537,384 = 40.65%
The amended Agreement is being presented as interim so the grant funded Emergency Intertie Construction Project can get started as soon as both WCSD and City have approved the interim agreement. This 08-23-2022 City Council Meeting Minutes Page 2
Public comment included:
Paula Levine - Trinidad Water Customer
40 years is way too long for this agreement. The City will tie into Humboldt Bay Water before then. "Emergency" should be carefully defined.
Mike Morgan - Trinidad
60/40 split sounds more reasonable. They have the most to gain here. Why are they trying to get the City to pay more now? How much is the difference? We should have that information before committing.
Council comment included:
Ladwig: This is not an agreement for regular use. It is for emergency situations only. It also will increase the fire protection in Westhaven.
West: When will we get more details? It would be helpful to know more before finalizing the details, but I'm ok with the agreement as proposed.
Motion (West/Ladwig) to authorize the Mayor to sign the amended Interim Emergency Intertie Agreement between City of Trinidad and CSD to construct, operate and maintain an emergency intertie. Passed unanimously.
2. Discussion/Decision regarding Appointment of Councilmember to the Tsurai Management Team.
The Tsurai Management Team (TMT) has two representatives from the City Council. Jack West is one representative, but the other position has become vacant. Ideally the Council can appoint another representative since Jack is unavailable to attend the upcoming TT meeting on August 26th from 10 am-12 pm.
There was no public comment.
Motion (Tuttle/West) to appoint Ladwig as the City's representative to the Tsurai Management Team. Passed unanimously.
3. Discussion/Decision regarding Appointment of Two (2) Councilmembers to Mediation Between the City and Tsurai Ancestral Society.
Continued to the next meeting when the full Council is present.
4. Conduct Short-Term Rental License Lottery for Applicants on the Waitlist through October 2021.
Discussed first on the agenda, City Manager Naffah explained that the Short-Term Rental (STR) Ordinance calls for a wait list and lottery to fill vacancies. There are currently two vacancies in the Urban Residential (UR) zone.
The City will follow the procedure stated in the STR Ordinance:
The City will randomly draw a name from the waiting list for the appropriate type of license and zone. If the O days, or if the property does not meet the applicable location standards, the City will draw another nan om the waiting list for that zone and STR typ
Mayor Ladwig spun the wheel and drew the following numbers associated with the names on the wait list from a professional bingo wheel, in the following order:
1. Jason Gabriel
2. Sherry Provolt
3. Kim Elliott
4. Lisa Koerner
08-23-2022 City Council Meeting Minutes Page 3
5. Randy and Kathy Patterson
6. Alex and Rachel Thompson
Public comment included:
Sherry Provolt - Trinidad Property Owner
I do not approve of this process.
years. First come, first serve is the most appropriate process.
City Manager Naffah explained that in the event the first 2 waitlist applicants do not secure a license within the time allowed, or meet the minimum requirements following receipt of the license (such as minimum nights rented in the application cycle), the next number in line will receive the opportunity to submit an application.
Should the first two applicants receive a license and meet the minimum requirements to keep their license, the remaining names will go back into the pool for the next lottery in the future.
5. 2022 General Election Calendar Update.
City Clerk Adams presented the current election calendar and provided the following update:
City Council Seat Election: As of August 23, all of the preparation deadlines have been met. Four (4) Candidates for Three (3), 4-Year Terms have met the eligibility requirements to have their names appear on the November 08 ballot. The list of candidates, along with their ballot designations is as follows:
Jack Tuttle, Appointed Incumbent
Cheryl Kelly, Appointed Incumbent
Kati Breckenridge (undesignated)
- Michael J. Morgan, Business Owner
Because there are no wards or districts in Trinidad, the top 3 vote receivers win the seats.
Occupancy Tax Increase Ballot Measure P: The following documents have been received by thei respective deadlines and preparations are underway in partnership with Humboldt County Elections to draft the Voter Information Pamphlet, and November 08 Ballot:
Resolution 2022-10; Submission of the Occupancy Tax Increase Ballot Measure to the Electorate Ordinance 2022-03; Redraft of Municipal Code Title 3, Chapter 3.20 regarding Tourist Occupancy Tax City Attorney Impartial Analysis
Argument For Measure P
Argument Against Measure P
Rebuttal to Argument For Measure P
Rebuttal to Argument Against Measure P
All of the documents will be published in a quick link file on the home page of the City's website as soon as it is completely up and running.
Information item only. No decision was made.
ADDITIONAL CLOSING PUBLIC COMMENTS RECEIVED
Jim Belak - Trinidad
Galindo Street traffic has been heavy over the past several weeks. Signage on Edwards Street is confusing.
There is a Harbor sign on Edwards that is hidden behind a tree. Please revisit signage so traffic isn't diverted to Galindo.
Paula Levine - Trinidad Water Customer
Regarding PWA Task Order #3, see written comments submitted, included in the public comment packet. PWA states that the City has been out of compliance with SAA since the Plant has been in operation. I'm not happy with PWA. It has been a one-way street. The Council doesn't listen. Let someone other than PWA do 08-23-2022 City Council Meeting Minutes Page 4
FUTURE AGENDA ITEMS
Redraft the lottery process for STR Waitlist
Underground Utility Feasibility.
Election Documents Online
ADJOURNMENT: 7:01pm.
Submitted by: Approved by:
Gabriel Adams Steve Ladwig
Trinidad City Clerk Mayor
08-23-2022 City Council Meeting Minutes Page 5