02-28-2023 City Council Meeting Minutes Page 1
MINUTES OF THE SECOND REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, FEBRUARY 28, 2023 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Ladwig, West, and Breckenridge. Tuttle was absent. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Deputy Clerk Anton Souza, Project Manager Jennifer Hakenen. Approximately (6) participants were present by video-conference at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation (Calif. Gov. Code Section 54956.9(d)(1)) (1 Case: City of Trinidad vs.
Tsurai Ancestral Society, et. al, Humb. Co. Sup. Court Case No. 180684) IV. RECONVENE TO OPEN SESSION – no reportable action taken during closed session.
V. APPROVAL OF THE AGENDA
Motion (West/Ladwig) to approve the agenda as submitted. Passed unanimously.
VI. APPROVAL OF MINUTES – 12/13/2022 cc, 01-10-2023 cc, 01-24-2023 ccpcstr Motion (West/Ladwig) to approve minutes as submitted. Passed 4-0.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Kelly: Regarding Organic Waste diversion, no commercial collection facility online yet so keep backyard composting going. Water Advisory Committee met last week, toured the water plant, and discussed budget, management, and Pacific Watershed projects. Voted unanimously to continue committee meetings and review ongoing projects.
West: Scheduled Trails Committee meeting had to be canceled. HCAOG has begun tree removal and preliminary work in preparation of Guintoli and safety corridor projects. Also updates on Broadway and 101 trail projects. Successful Valentine’s Day event at the Town Hall.
Breckenridge: No report.
Ladwig: HTA update. Paying for diesel fuel to truck hydrogen fuel to Humboldt to operate busses. No RREDC update. Community Ambassador program update at future meeting. Met with Kelly, Naffah, and City Planner for a G to G meeting with Rancheria to discuss ongoing projects of mutual benefit. Rancheria continues to work on Humboldt Bay Water source.
VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet. Naffah introduced HCSO Lt. Josh McCall who summarized January statistics.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Anita Thompson – Trinidad
Read from a statement with detailed questions and comments about variation in water loss each month, and water plant staffing outlook. City Manager Naffah explained that providing safe and healthy drinking water is the first priority, and that Coleman Engineering will continue to provide chief plant operator services until an internal staff member takes over. Coleman Engineering will likely continue after that with an approximate budget of approximately $5,000/month.
Patti Fleschner – Trinidad Civic Club Representative
Happy to announced that the Civic Club Lighthouse project was unanimously approved by the Coastal Commission.
X. CONSENT AGENDA
1. Staff Activity Report – December 2022
2. Financial Statements – November 2022
02-28-2023 City Council Meeting Minutes Page 2
3. Law Enforcement Report – December 2022
Motion (West/Ladwig) to approve consent agenda as submitted. Passed 4-0.
X. DISCUSSION/ACTION AGENDA ITEMS
1. Presentation from Tobacco-Free North Coast regarding Tobacco Retail License Policy.
Tobacco-Free North Coast Project Director Jay McCubbrey, Ph.D. introduced fellow presenters and explained that the presentation is intended to discuss developing a consistent regulatory framework throughout Humboldt County to enforce state and local tobacco sales laws. He requested direction from the Council for staff to work with our projects to draft a Tobacco Retail License policy for formal consideration.
Kaitlyn Giddings summarized the environmental aspects of the policy. Surveyed Trinidad and found 213 cigarette butts and explained the microplastics that end up in the environment. Nicotine, filters, flavorings, and plastics are harmful to the environment.
Amber Wier, NorCal 4 Health, explained via Zoom, ways to reduce exposure of tobacco products to youth.
Trinidad has 2 retailers (Murphy’s and Chevron).
Jay Macedo summarized TRL enforcement benefits. Presentation materials are included in the meeting packet.
Council comments included:
Kelly: Pleased to discover that Murphy’s Market cells cigarettes, and only 2 types of unflavored vape devices.
Ladwig: Requested more information on enforcement logistics. Macedo referenced a self-funded program from Mendocino that included a partnership with the community, law enforcement, and the retailers.
There was no public comment.
Presentation item only. No formal decision was made.
2. Discussion/Decision regarding 2022 State Transportation Improvement Program (STIP) – Trinity Street Pavement Rehabilitation Project.
The City Engineer Staff report included in the meeting packet explained that in December 2021, the City was awarded $272,000 in State Transportation Improvement Program (STIP) funds for the rehabilitation of pavement on Trinity Street. The funding and oversight of the project will be administered by Caltrans.
The Project consists of pavement rehabilitation of the entire length (930 ft ±) of Trinity Street, including the replacement of asphalt concrete surfacing (i.e. digouts), edge and conform griding, HMA overlay, and thermoplastic pavement striping and markings.
The project programing is as follows:
Project Phase Programmed
Amount
Programmed
Fiscal Year
Project Approvals & Environmental Document
(PA&ED)
$17,000 22/23
Plans, Specifications and Estimate (PS&E) $19,000 22/23 Construction (CON) $236,000 23/24
Total $272,000
The PA&ED phase funding ($17,000) was allocated by the California Transportation Commission at their December 8, 2022 meeting.
In order to initiate the Project, staff is recommending the Council authorize a contract with City Engineer GHD, Inc. to support all phases of the project. Project costs for services provided by GHD will be reimbursed by Caltrans. In accordance with Caltrans required consultant selection process, this scope of service is a “task order” under the existing Contract City Engineer agreement with GHD. 02-28-2023 City Council Meeting Minutes Page 3
There was no public comment.
Motion (Ladwig/West) to Authorize City Manager to execute a task order with GHD Inc. to complete the environmental, engineering, and construction management services for the City of Trinidad’s 2022 STIP – Trinity Street Rehabilitation Project. Passed 4-0.
3. Discussion/Presentation regarding HSIP Project and Traffic Calming Recommendations.
Postponed to the March 14 meeting.
4. Discussion/Decision regarding Temporary Closure of Axel Lindgren Memorial Trail and Parker Creek Trail Beach Access to Old Home Beach.
City Manager Naffah explained that the Axel Lindgren Memorial Trail and the Parker Creek Trail (beach access portion) are currently closed. This is a temporary emergency closure due to bluff erosion as well as debris from the recent storms that battered the coast. A Coastal Development Permit (CDP) is required within 30 days of closure. The City Engineer and City Planner are working with staff, as well as the California Coastal Commission, the California Coastal Conservancy, the Tsurai Ancestral Society, and the Yurok Tribe. Several meetings have taken place and another meeting is planned before Tuesday’s Council meeting.
This agenda item is to inform the Council and the public as to the status of the closure, and as to possible measures that will be taken to remedy the damage and reopen the trails and beach access.
Naffah intends to meet with Engineers and Geologist from GHD and SHN in the coming weeks to assess the erosion and develop suggestions for short-term measures can be done to reopen the trails as quickly as possible. There are short-term, medium-term, and long-term options being considered. We want to make sure people are safe, and have short-term measure in place to re-open the trail.
Council questions included:
Breckenridge: Is the City liable for anyone that injures themselves by using the trails despite the closure? Naffah responded no, that the City has consulted the insurance company who confirmed that the City has trails immunity. Signage has been worded in sync with risk manager recommendations.
West: Can we assure that the trails will be open by the summer? Naffah responded, stating he has no reason to believe the trails will be closed that long. Maybe a couple of months. Waiting to hear from professionals that the area is stable.
Kelly: I was strongly in favor of closing trails after hearing from all the groups involved in the process, but I do think that the Parker Creek Trail should be open, but leave Axel Lindgren Memorial Trail closed. Recommend using natural elements (stones, trees, etc.) to shore up the beach access and make it safer as quickly as possible. Preservation and public access are both priorities of the City.
Ladwig: After 30 days we should have an idea that can be mitigated, or engineered. Looking forward to get an update at the March 14 meeting. Reach out to the Land Trust for advice/expertise to do something different than just ‘hope it gets better’. The Land Trust has a large group of volunteers that get the job done without heavy machinery.
Public comment included:
Written statement received from Kim Tays, included in the public record, urging the Council to open the trails and protect coastal access.
Information item only. No decision was made. City Manager will update the Council at the March 14 meeting.
5. Discussion/Presentation regarding Mid-Year Budget Review.
City Clerk Adams explained that public entities operate on the fiscal year cycle beginning July 01, and ending June 30. April and May signal the beginning of budget preparation season. July 01 is the deadline to adopt a budget spending plan. Periodically through the year it is fiscally responsible for governing boards to do a pulse check on revenues and expenses, and ensure the plan is on track. It makes sense to do this mid-year as it could identify unusual trends and allow time to course-correct as necessary. 02-28-2023 City Council Meeting Minutes Page 4
The tools we use to develop the framework for the complex financial structure, check and balance it, and measure stress or successes to the system are as follows:
- Annual Budget adopted on or before July 01 each year. - Budget summaries and narratives included in meeting packets during budget preparation. - Detailed financial reports provided by the bookkeeper. - General Ledger (an extended excel spreadsheet detailing every, single transaction, in and out. - Annual Audit.
Included as attachments to this packet is everything but the general ledger and annual audit. The audit will be presented to the Council for acceptance in March.
Budget Overview: The City’s budget consists of individual budgets within the following structure:
General Fund: Administrative, Public Works, Police, & Fire Restricted Funds: Water & Cemetery
Special Revenues: Gas Tax, Transportation (TDA) & COPS
Grants: Grant Funds are a vital source of revenue that helps fund critical infrastructure, and long-range planning.
General Revenue sources include Sales Tax, Occupancy Tax, Fees for Service, Rents and Franchise income, etc. These revenues are unrestricted.
Restricted Revenue is received for Water Service, Cemetery plot sales, Transportation and Gas Tax sources, COPS or Measure Z funding, etc. These revenues are restricted for use as per laws or legislation provided from each source.
The staff report from June 28, 2022 was a benchmark indicating the City’s thought process, using financial reports and forecasting to develop the spending plan for 2022-2023. Some of the highlights from that report included:
- Due to staffing issues experienced during 2021, it was understood that 2023 would be a year to prioritize recruiting and training new staff.
- Monitor under-anticipated revenue sources and economic trends to determine whether dipping into reserves would be necessary as dipping into the general fund reserves of up to $25k was possible. - Anticipate a year-end 2022 spending deficit in the Water Fund of at least $200k, and another $160k or more in 2023 if a permanent staffing solution isn’t implemented.
The required unaudited supplementary Information / Budgetary Comparison for year end June 30, 2022 was eye opening. It shows the variances in each budgeted resource by inflows and outflows. It appears that Sales Tax revenue, once again, significantly exceeded expectations. Property Tax and Occupancy Taxes did as well.
Uncollected fees for building and planning services from previous years were recovered in 2022, but interest income was down significantly.
Regarding expenditures, overall the City underspent in all but General Fund expense categories except Administration. That was primarily due to higher than average legal services. The June 28 budget summary anticipated conservative revenue expectations, and underspending due to staff reductions.
Staffing: A staff organizational chart is included in the packet. It depicts staff titles and structure, based on the positions full-time equivalent (FTE). Currently the City employs approximately 8 people (based on a combination of full-time and part-time employees. Five employees are actual full-time.
The two administrative additions are working toward their second year of service. Public Works recently hired a third maintenance hand, and the Grant Administrator I position has been filled. The new employee will begin in April.
The Water Plant still searching for a permanent T3 Chief Plant Operator, and is currently running of contract staff at the helm, with 2 part-time, temporary employees. The Water Fund is currently under the microscope, operating into a second year of significant reserve spending. 02-28-2023 City Council Meeting Minutes Page 5
Financial Statements are included in this packet, for all activity covering the period July 01-December 31. An easy scan of the primary funds (Revenue, Administration, Public Works, Fire, and Police) depict spending at or near 50% (midway through the year). With the exception of a few corrections staff will coordinate with the bookkeeper, overall the City is on track for another year in the black.
Concerns: There are two funds currently under the microscope; Water and OWTS (Septic Permit Program).
Both funds are spending significantly more than they’re taking in. The Water Fund, most impressively, followed by the OWTS system which is due for overhauls.
Conclusions: The General Funds are on track. Staffing is adequate and employees are becoming enriched with time served. Programs and services are expanding as planned. Public Works is developing cohesive teamwork. The Fire Department is serving the City, while experiencing some growing pains.
The Water Fund continues to leak oil. Staff is working strategically with the Consultant to improve recruitment efforts while ensuring safe drinking water is being provided to customers. The two part-time, temporary employees are doing a great job holding down the fort while the consultant operates plant controls. Staff is hoping that grassroots recruiting strategies will yield long-term, dedicated prospects in the near-term.
Staff hopes to begin implementing a water rate study before the end of the fiscal year that will help right the ship.
The OWTS permitting program is also spending much more than the permit fees. Septic systems are complicated, and compliance comes at a cost. The Council may wish to direct staff to recommend a feealignment of this program in the near future.
Public comment included:
Anita Thompson – Trinidad
Read from a prepared statement. Concerned about the water fund and unsustainable cost of contracted staff.
Also concerned that extreme cost of contracted staff would be absorbed into future water rate increase, and repeating this pattern of insufficient staff into the future. What is the short-term vs. long-term plan? Is it possible to have the State take over the system?
Naffah explained that Coleman Engineering intends to work themselves out of a job by training permanent staff to take over the plant. We had an issue with the most recent prospect that was groomed to take over, and the State currently supports Coleman Engineering. He further explaining the current staffing situation, and that there’s a continuing effort in place to recruit trained water professionals.
Presentation/Discussion only. No decision was made.
FUTURE AGENDA ITEMS
ADJOURNMENT: 8:05pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor