Agenda packet — Trinidad City Council, July 25, 2023

City Council Meeting Agenda: 07-25-2023 Page 1
Posted: Friday, July 21, 2023

NOTICE AND CALL OF A REGULAR MEETING OF THE

TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, JULY 25, 2023, at 6:00 PM
at the Trinidad Town Hall, 409 Trinity Street, Trinidad, CA.

CLOSED SESSION BEGINS AT 4:30PM
For your convenience, this meeting will also be held via videoconference, hosted on the Zoom platform. Learn more about Zoom here: https://zoom.us
PUBLIC COMMENT: Public comment may be submitted via email in advance of the meeting, or in an orderly process during the meeting. If you do not have access to email and you would like to provide a written statement, please deliver your comments to 409 Trinity Street, Trinidad CA, by 2:00pm on the meeting day, or email to [email protected] HOW TO PARTICIPATE: You are invited to participate in person at the Trinidad Town Hall, or by Zoom. The City will publish a direct link to the Zoom teleconference, along with the participant code, on the City Calendar page online at http://trinidad.ca.gov/calendar
To phone in, dial 1-888-278-0296, Conference Code: 685171 Meeting ID: 842 1682 4237 Passcode: 696353 PLEASE NOTE that live meeting logistics will be prioritized. The quality of the Zoom teleconference meeting cannot be guaranteed. Technical challenges experienced by either the participant or the City will not interrupt or halt progress of the meeting.

I. CALL TO ORDER
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)

2. Personnel Exception 54957 - City Manager Performance Evaluation IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES – 06/14/2023 cc
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
VIII. STAFF REPORTS – City Manager & Law Enforcement
IX. ITEMS FROM THE FLOOR
At this time, members of the public may comment on items NOT appearing on the agenda. Individual comments will be limited to 3 minutes or less. Please direct your comments to the Council as a whole, maintain decorum and avoid personal attacks on staff, members of the Council and/or other members of the public. Council and staff responses will be minimal for non-agenda items.

X. CONSENT AGENDA All matters on the Consent Agenda are considered routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items. If discussion is requested by any Council member, that item is removed from the Consent Calendar and considered separately. A single opportunity for public comment on the Consent Agenda is available to the public.

City Council Meeting Agenda: 07-25-2023 Page 2

1. Staff Activity Report – June 2023

2. Financial Statements – May 2023

3. Law Enforcement Report – June 2023
IX. DISCUSSION/ACTION AGENDA ITEMS

1. Discussion/Presentation regarding Water Storage Tank & Pipeline Replacement Project Update.

2. Discussion/Decision regarding Introduction/First Reading of Ordinance 2023-03; correcting and reaffirming codification of the City of Trinidad Zoning Ordinance, Title 17 of the Trinidad Municipal Code.

3. Discussion/Decision regarding Introduction/First Reading of Ordinance 2023-04; reaffirming codification of the City of Trinidad Zoning Ordinance and amendments thereto that were not submitted to the CA Coastal Commission for certification.

4. Discussion/Decision regarding City Manager Contract Renewal.

5. Discussion/Decision regarding August Council Meeting Schedule.

X. FUTURE AGENDA ITEMS
XI. ADJOURNMENT
APPROVAL OF MINUTES FOR:

JUNE 13, 2023 CC
Supporting Documentation follows with: 5 PAGES
06-13-2023 City Council Meeting Minutes Page 1

MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, JUNE 13, 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, Tuttle, Breckenridge. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, , Administrative Assistant Anton Souza, Project Manager Jennifer Hakenen, and City Engineer Josh Wolf (video).

Approximately (9) participants were present by video-conference at the beginning of the meeting.

II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION – No closed session
IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF THE AGENDA
Motion (West/Ladwig) to approve the agenda as written. Passed 4-0.

VI. APPROVAL OF MINUTES – 05-09-2023 cc, 05-23-2023cc2.

Motion (Ladwig/West) to approve the 05/09/2023 cc minutes as amended. Passed unanimously.

Motion (Ladwig/West) to approve the 05/23/2023 cc2 minutes as written. Passed unanimously.

VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Kelly: Attended HCAOG meeting. Great redwood trail discussed, and bike month in May.

Ladwig: HTA leader in State with hydrogen public transportation. RREDC nothing to report.

West: HCAOG discussed Clean California Grant Opportunity and Dump Day Program to fund activities that eliminate litter and create jobs. Project has been funded in Manila. REAP grant program is funding Humboldt is Home, surveying homeless needs. Supervisor Madrone hopes Caltrans will help repair Scenic Drive. HTA is looking into hydrogen power vehicle alternatives.

Tuttle: RCEA Director will meet with myself and Councilmember West to discuss energy needs or resiliency.

Kelly: Attended the League of CA Cities meeting in Ft. Bragg on May 12, covering the Great Redwood Trail and CARE Response Unit, liaison to social services. Attended CERT Training in May. Showed preview of the new City website under construction.

VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet. Noted recent bear sightings, Parker Creek and ALM Trail closure updates, and provided information shared by residents regarding ways to keep your property safe during summer vacations. Also reported new Water Operator In-Training, Dereck Shadle, was hired, Trinidad Water Tank & Pipeline Project assessment noted no lead pipes, and the Chamber of Commerce will be hosting the summer solstice event Taste of Trinidad in the Saunders Park.

HSCO Lt. Josh McCall summarized stats for May. Announced Lt. Miller’s retirement from the Sheriff Department, and that part of his workload would be inherited by McCall until further notice. May not be able to attend Trinidad Council meetings in the future.

West and Kelly asked McCall to look into recent area burglaries and report back with any follow up information that can be shared.

IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Elaine Weinreb – Trinidad Area Resident
Reported vandalism that occurred to a resident’s vehicle that lives in town.

X. CONSENT AGENDA

1. Staff Activity Report – May 2023
06-13-2023 City Council Meeting Minutes Page 2

2. Financial Statements – April 2023

3. Law Enforcement Report – May 2023

4. Resolution 2023-04; Adopting a List of Projects for FY2024 Funded by SB1 – The Road Repair and Accountability Act of 2017.

5. Second Reading of Ordinance 2023-01; Adding Housing Related Definitions and Allowable Uses as Required by State Law and the Trinidad Housing Element.

6. Resolution 2023-02; Authorizing Submittal of Ordinance 2023-01 as a Local Coastal Program Amendment.

7. Second Reading of Ordinance 2023-02; Adding Reasonable Accommodations to the Trinidad Municipal Code and Certified Zoning Ordinance.

8. Resolution 2023-03; Authorizing Submittal of Ordinance 2023-02 as a Local Coastal Program Amendment.

Motion (Ladwig/West) to approve consent agenda as submitted. Passed unanimously.

X. DISCUSSION/ACTION AGENDA ITEMS

1. Discussion/Presentation regarding establishing a Trinidad Community Emergency Response Team (CERT) program.

Mayor Kelly introduced Cliff Van Cott, Team Leader of McKinleyville CERT. Van Cott presented information on the CERT program, purpose, history, funding, training modules, resources, and McKinleyville Team composition, activities, background checks on all volunteers, and program requirements. If Trinidad sponsors a CERT Team, it will need to provide funding ($3500), a team leader, and indoor/outdoor spaces for trainings.

Council questions included:

Ladwig: What would we need to have a CERT Team? Van Cott stated that there is no minimum number of volunteers required, but other small cities in the area have approximately 12. Trinidad CERT team standards would be set by the Council. McKinleyville Team has one 30-minute meeting every month.

Public comment included:

Larry Goldberg – Trinidad area resident
Announced he will become a certified trainer at the end of this month. 40-year resident of rural Trinidad.

McKinleyville CERT team has been trained to go house-to-house. We did that during power outages this winter due to weather and earthquakes. I am willing to promote and help Trinidad assemble a team.

Aaron Hakenen – Trinidad resident
Great program. Neighbor helping neighbor. Highly encourage to sponsor a program and expand the reach to the greater Trinidad Area. I’m trained with CERT and will consider updating my certification so I can train as well.

Jeff Austin – Trinidad area resident
Retired health professional, CERT Team volunteer.

Nina Narelle – Trinidad
I support this program and encourage the Council to move this forward.

Richard Johnson – Trinidad area resident
It’s very important to engage with the greater Trinidad area when considering this program. Our Baker Ranch neighborhood would like to be included, and stay as closely connected to the City as possible. It’s also good to have portable generators available to power smaller community water systems in the area.

Karin Reese – Trinidad
I support this program too.

Council comments included:

West: Sounds like we can set the guidelines for the program.

Breckenridge: What does the City get for $3500? Van Cott explained that it includes training and equipment (participant manuals, vests, and other safety/identification materials), and also access to a trailer filled with emergency equipment (medical, generator, etc.).
06-13-2023 City Council Meeting Minutes Page 3
Ladwig: Maybe we should as staff to review the budget and determine feasibility of recruiting volunteers in the greater Trinidad (Murphys-sphere) area. It’s easy to say yeah, let’s do this, but it’s a challenge for paid staff to allocate time to initiate this all-volunteer program.

Kelly: This is a volunteer program. Aaron Hakenen has allegedly offered to be the disaster coordinator for a Trinidad team, should the Council create one. Would like staff to return to the next meeting with budget options.

Staff directed to analyze budget options, discuss, and return to a future meeting with program feasibility.

2. Continued Discussion/Presentation regarding Traffic Calming Measures for View Street and Ocean Avenue, and Hector Street Parking Improvements.

City Engineer Josh Wolf presented information as requested regarding possible traffic calming options for Ocean Avenue and View Street. The presentation is a follow up to the March meeting where concerns were discussed.

Drivers seem to be using these streets to bypass Trinity, and possibly at higher rates of speeds, and larger vehicles. Potential options include speed humps, radar feedback speed limit signs, or signs that limit speed or large vehicles.

Phase 1 suggestion: 1) (4) “Local Traffic Only” Advisory Signs, and 2) (4) 15MPH Speed Limit signs on Ocean & View. Cost approximately $2,000.

Phase 2 suggestion: 1) 4-way stop controlled intersection at Ocean/East/West Streets. Cost approximately $4,000.

Phase 3 suggestion: (4) Speed humps, (2) on each street (Ocean & View). Cost approximately $15-25,000.

Potential noise impacts as vehicles drive over them.

Prohibiting vehicles would require an ordinance.

Council questions included:

Tuttle: Seems like school parents are the main bypass users during pick-up and drop-off. Maybe we can notify the school to alert the parents on the recommended route through town. What happened to the speed hump concept for Underwood? Wolf noted we were not directed to review Underwood.

Kelly requested City Manager Naffah direct the City Engineer to review speed hump option for Underwood.

Breckenridge: Speed humps are designed to slow traffic, not stop it, right? Wolf noted speed humps could inadvertently deter vehicle traffic, but the intent is to slow it down.

Public comment included:

Aaron Hakenen – Trinidad
I’ve found cheaper, rubber speed humps online. I’m sign adverse and prefer paint on streets. Signs aren’t effective if they aren’t enforced. Passive signs won’t work, and a 4-way stop won’t be effective. We are used to vehicle noise already. School traffic is a big part of the issue. Speed humps have never got in the way of emergency vehicles. There are also radar feedback signs that can be rotated throughout town.

Kelly: We should provide temporary speed hump information to City Engineer for review.

West: There are examples of these in Blue Lake. Encourage people to check them out and provide feedback.

Wolf thanked the Council for the suggestion and will take a look at them.

Dorothy Cox – Trinidad
Eliminate option 2. The corner of West and Trinity has a parking issue. Corner curb should be painted red.

Trees on Ocean are damaging RV’s. Eatery business affects congestion on Trinity. My husband will not stop at the new stop signs on Edwards. I prefer speed humps.
06-13-2023 City Council Meeting Minutes Page 4
Sherri Provolt – Trinidad area resident
As our coastal town tourism and business activity increases, the problem will grow. I prefer fewer signs. Local traffic sign is confusing. Speed humps will help slow traffic. Paint on the ground. Don’t put up more signs.

Adding more school busses in the morning and encourage busing children home may help too. Slowing traffic is a priority.

Karin Reese – Trinidad
I support speed humps on Ocean Avenue. I see mostly the same cars, not tourists passing by. This requires a cultural shift in the way people drive. Speed humps will be significant and require drivers to conform.

Council comments included:

Ladwig: Thanked Wolf for recommending options. I agree with comments about signs, and suggest a series of steps. Residents must receive input on possible changes. Pursue ordinance restricting commercial drivers on Ocean and View. I recommend asking the School to recommend a route from Trinity to Edwards, designed to handle that traffic.

West: 15mph signs are helpful and should be considered.

Breckenridge: This is really enforced mindfulness. 15mph signs should be placed in better locations.

Kelly: In summary, I hear that we want to pursue pilot, temporary, reduced cost speed humps, paint speed limit on the road (instead of installing signs), and communicate traffic flow options with the school.

The Council’s summary recommendations will be handled by the City Manager. No formal decision was made.

3. Discussion/Decision regarding Resolution 2023-05; Adopting the FY2024 Budget.

City Clerk Adams explained that two meetings were held in May to help pave the way to a final draft budget proposal on June 13. On May 23 staff presented various components of the budget structure, the overall health of the General Fund and Special Revenue Funds, how reserves will play a key factor in balancing the budget this year, and the anticipated challenges ahead.

Along with maintaining and enhancing current service levels provided to the City, the current draft of the 2024 Budget aims to provide a continued focus on transitional stability for the Water Department, a commitment to keeping public buildings maintained, and an alignment of staff responsibilities and wages to encourage upward mobility and retention. Staff emphasizes that this is a “working draft” that will need adjustments as the year progresses, and accurately reflects the desires of the community based on priorities set by the Council. The draft includes revenue and expenditure budget worksheets for each of the fund categories; General Fund: Administrative, Public Works, Police, & Fire Restricted Funds: Water & Cemetery
Special Revenues: Gas Tax, Transportation (TDA), & COPS A recap of Fiscal Year ending June 30, 2022, along with projections for Fiscal Year ending June 30, 2023 were presented in summary formats for comparative purposes at prior meetings.

General Fund: It is still unclear how economic trends will affect Trinidad’s top two revenue sources, sales and occupancy taxes, which appear to be resilient. The City’s conservative approach to spending, coupled with steady revenues from the baseline economy and significant contributions from visitors has helped build the City’s reserves over time.

Sales and Occupancy taxes are volatile revenue sources. They are strong when the economy is healthy, but easily disrupted by natural disasters such as wildfires, droughts, pandemics, or human-triggered disasters such as housing or market crashes. It is common for cities that are primarily funded by fragile revenue streams to maintain healthy reserves. Since 2005 Trinidad City leaders have prioritized fiscal stability and responsibility, and the reserves established exemplify that commitment.

The reserves provide short-term insurance to shield the City from sudden changes, to use as matching funds to leverage larger grant funding, provide cash-flow support during large-scale grant construction phases, and to 06-13-2023 City Council Meeting Minutes Page 5
stabilize the budget in an emergency. Several of the following situations are examples of how the City may use the reserves this year if revenues fall below expectations; • The sudden increase in County Sheriff contract costs. • Supplement law enforcement with private security services. • Provide salary incentives to encourage employee retention with increased responsibility. • Measure Z Funding is unavailable for additional law enforcement coverage. • Cover increasing costs due to State of Federal mandates and regulations. • Emergency repairs to fragile infrastructure (coastal bluffs, roads, etc.) • Maintain public buildings and important city assets such as trails and recreation infrastructure.

Balanced Budget: The budget presented conservatively projects that the transitional period ahead may require dipping into the reserves while costs to provide general and special revenues are evaluated during this pivotal year. Staff has maintained a budget strategy of keeping revenue expectations modest, and expenditures generous. This practice helps the City to course-correct ahead of changes rather than behind them. The budget summary predicts a slight deficit this year, but there are several revenue sources that have been under-anticipated. If revenue sources exceed expectations, the budget will balance by year-end 2024.

Water Fund: The cost to operate the water treatment plant continues to rise. A simple way to understand why is to separate expenses in two categories, hard and soft costs, and evaluate the trends in each category. Hard costs have been consistent, but soft costs have increased significantly.

Hard costs include general operating expenses such as energy costs to run the plant, in-house licensed personnel, treatment technology, filters, hardware, vehicle and machinery, treatment processes, etc.

Soft costs include technical and engineering staff time required to evaluate demand from a growing community, future planning, drought consulting in response to the changing environment, resiliency effort, and loss of experienced operators.

At year-end June 30, 2022 the water system spent overspent approximately $273,000 more than it earned in water sales revenue. The deficit was anticipated and authorized by the Council due the lack of adequate T-3, in-house employees requiring private consultant oversight (soft costs).

At year-end June 30, 2023, the water system is expected to overspend approximately $300,000, leaving the leaving the reserve at 50% of what it was at its peak. City Management is developing a staffing strategy to hopefully relieve the private contracting service of a large part of their responsibility, thereby reducing costs significantly throughout the year.

At year-end June 30, 2024, the water system is projected to overspend an additional $280,000, leaving the fund balance at a red-line level (approximately $300,000) The budget includes a priority for management to begin a rate analysis immediately. The analysis will hopefully lead to rate revisions that will be implemented by the end of December 2023 addressing significant revenue short-falls.

The cost of operating a small water system, maintaining its efficiency, in a very desirable area to live, functioning to provide a precious resource to a community that has emphasized a desire to live “within its means” (or local watershed), will prove to be a challenge for the rate payers. The water system will rely on reserve funds to operate until the rates are adjusted to reflect this new reality, and this budget will authorize staff to put the wheels in motion to begin evaluating a new rate structure. 2024 Budget Goals & Priorities Summary:

1. Utilize reserves established from prior fiscal years, if needed, to support staff transitions.

2. Evaluate and update charges for services to reflect the times (General & Special Funds).

3. Maintain current law enforcement coverage and improve vital government services.

4. Educate and enforce new laws passed to discourage overnight parking, camping, etc.

5. Reclaim Water Plant Operations from licensed, interim consultants.

6. Update the Water Rate Structure to reflect the true costs of operating a small water system in high demand.

7. Maintain and invest in public buildings, parks, and property. 06-13-2023 City Council Meeting Minutes Page 6

8. Support community groups that enrich the community for locals and visitors, as they emerge from pandemic hibernation.

9. Continue promoting an inclusive dialog with Tribal Governments, and finalize the Government to Government policy to facilitate consultation on important topics of mutual concern.

10. Continue grant programs that will help the City satisfy several elements of the General Plan update.

Council questions included:

Kelly: The Water System is a cost-recovery model. Members of the community believed they would not be charged for high contractor costs. Is that a true statement? When we raise the rates, what cost are we trying to cover?
Adams stated that it will be a projected expense based on staff needs, not current costs with high consultant fees included. There will have to be a component of the rate structure that will address rebuilding the reserves, but that doesn’t have to happen overnight.

Ladwig: I support the investment we’re making into the personnel, and performing regular rate optimization discussions throughout the year.

City Manager Naffah noted that a 4% cost of living increase has been factored into this budget. Kelly confirmed that by adopting the budget, that increase would be factored in.

Public comment included:

Sheri Provolt – Trinidad homeowner
I worry about the water rates. I’m concerned about the due diligence in finding a reasonably priced contractor to operate the plant. Hope the cost doesn’t get passed along to the consumer. I support plans for redundancy with having qualified staff into the future.

Motion (Ladwig/West) to approve Resolution 2023-05; Adopting the FY2024 Budget. Passed unanimously.

FUTURE AGENDA ITEMS
- Kelly: Cancel the first regular meeting in July, and have the July 25 meeting instead. - Traffic calming follow-up.
- Hybrid Zoom audio improvements
- List from May 23rd.
- LAFCO Annexation Presentation
- Annexation for Water Services
- Website unveiling.

ADJOURNMENT: 8:25pm.

Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 1

SUPPORTING DOCUMENTATION ATTACHED

1. Staff Activity Report – June 2023
City Manager’s Report July 25, 2023
Pacific Coast Security:

Details for a contract with Pacific Coast Security are in the works. Working out insurance coverage caused a delay. A schedule is being worked out for the remainder of July and for August.

Water Rate Study:

The City is working with Rural Community Assistance Corporation (RCAC) to complete a Water Rate Study Report for the City. Through the Rural Community Assistance Partnership program, RCAC plans to provide the study at no specific cost to the City outside of staff time. Gabe Adams is gathering the long list of requested data for the Utility Rate Study Data Needs List.

Target dates are to complete the report by November, the rate ordinance and public meetings by February, and project completion by March.

Water Plant:

Following an inspection by the state regulator, staff and engineers met to go over plant operations and potential improvements to increase the efficiency of the plant. GHD engineers will provide the list of desirable capital improvements for the City to consider and plan for in the future.

Coastal Resilience Plan:

A public meeting was held on July 17th at Town Hall and over Zoom to discuss progress on the Coastal Resilience Plan. A great turnout of the public was present to listen to and provide input on the Plan. Kristen Orth-Gordinier and Brett Vivyan of GHD are the environmental planner and civil engineer for the project and they facilitated the presentation.

PG&E Data Portals:

I attended a training session which featured a demonstration and overview of PG&E’s Data Portals: PSPS, Outage and Microgrid. These portals provide data and dashboards for each jurisdiction, and real-time outage information which should be useful during situations like PSPS events and extended storm outages. Hopefully it will be as user-friendly as they claim.

STAFF REPORT SUPPLEMENTAL
Date: Tuesday, July 25, 2023
Background Info: In light of the drought affecting the State, there has been concern among residents regarding how the City of Trinidad is responding to the Governor’s Order calling on all Californians to do their part by reducing consumption.

Luffenholtz Creek flow readings are presented to the Council on an as-needed basis - during drought events or when requested. November, December, January, and once again February has delivered abundant amounts of rainfall, providing relief from stress-related drought on the watershed. With this in mind, the focus of these reports (during the wet season) will be to share and put into perspective how Trinidad’s water consumption metrics compare to those of recent years.

The amounts represent the total water sold, captured by 325 customer meters, measured in cubic feet (7.48 gallons = 1 cubic foot).

July 2019 282,552 cuft January 2019 151,049
July 2020 275,612 January 2020 199,348
July 2021 251,168 January 2021 161,379
July 2022 198,081 January 2022 189,201
January 2023 154,543 (20.65% System Water Loss)
August 2019 307,500 February 2019 166,565
August 2020 273,992 February 2020 155,015
August 2021 269,771 February 2021 178,545
August 2022 227,681 February 2022 154,634
February 2023 136,626 (5.59% System Water Loss)
September 2019 238,316 March 2019 144,604
September 2020 302,614 March 2020 164,854
September 2021 227,831 March 2021 187,607
September 2022 216,470 March 2022 184,103
March 2023 152,813 (21.58 System Water Loss)
October 2019 188,075 April 2019 160,185
October 2020 230,430 April 2020 199,450
October 2021 203,176 April 2021 192,287
October 2022 180,065 April 2022 173,115
April 2023 145,504 (20.19 System Water Loss)
November 2019 211,649 May 2019 236,444
November 2020 198,813 May 2020 183,368
November 2021 204,438 May 2021 242,529
November 2022 169,144 May 2022 154,634
May 2023 211,380 (23.13 System Water Loss)
December 2019 201,305
December 2020 185,860 June 2019 219,764
December 2021 201,160 June 2020 240,055
December 2022 170,419 June 2021 269,087
June 2022 233,692
June 2023 209,366 (13.63% System Water Loss)
Water sold in June decreased 1% from May. This shows signs of a possible summer plateau, a significant year-by-year June consumption decline, AND a change in the historic trend of significant increases from May to June.

We will continue to monitor consumption each month and report this information (along with summary trends and analysis) to the Council for review, comparison, and questions at each meeting.

To: Trinidad City Council
From: Grant Staff Becky Price-Hall and Angela Cather
Date: July 20, 2023
Re: July 2023 Project and Grant Activity Report
Grant Development and Grant Related Tasks
GrantVantage – Grant Staff attended and completed all onboarding training sessions, and has begun the transfer of material for each grant project.

DWSRF Bootcamp – Grant Staff has attended three Modules out of a series of eight through the Drinking Water State Revolving Fund to assist in the application for financial assistance for drinking water infrastructure projects.

Grant Research & Proposal Development – Staff has begun to explore new grant opportunities, such as applying for funding through the Coastal Conservancy.

Current grant projects
SB 2 Planning Grant (Fund 213)
Funder: California Department of Housing & Community Development Grant Term: 9/3/20 – 9/30/23 Grant Amount: $160,000
Project Description: This SB2 Planning Grant funding is being used to bring the City’s Housing Element into compliance with State requirements. It will also be used to develop Accessory Dwelling Unit and other regulations to encourage affordable housing that will be compliant with both HCD and Coastal Commission requirements. Tasks include a parking study, Housing Element administrative tasks, ADU administrative tasks, ADU design and procedures, and grant administration.

Project Status: $124,042 has been spent as of 6/30/2023, approximately 78% of the grant budget.

The project is being wrapped up and will be completed by September 30, 2023. • Task 1 – Parking Study: Staff analyzed and quality checked data, finished drafting most of the report, and drafted graphs, tables, and figures.
• Task 2- Housing Element: This task is completed.
• Task 3 – ADU Ordinance: Staff participated in monthly meetings and other correspondence with the CA Coastal Commission (CCC) staff. Staff wrote-up justification for a cap on ADUs based on water supply data for HCD staff. Staff continued to review and edit the ADU ordinance based on correspondence with CCC staff.
• Task 4 – Design Standards: Staff participated in monthly meetings and other correspondence with CCC staff. Staff continued to review and edit an ordinance for administrative CDP provisions to streamline residential projects based on correspondence with CCC staff.

Local Early Action Program (LEAP Grant) (Fund 214)
Funder: California Department of Housing & Community Development Grant Term: 1/4/21 – 9/30/23 Grant Amount: $65,000
Project Description: This grant provides funding assistance to develop housing element policies and procedures that promote and accelerate housing production to meet the City’s Regional Housing Needs Allocation (RHNA). The grant will help the City meet state requirements to streamline approval of affordable housing through development of policies, design standards, plans and incorporating these into the housing and zoning ordinances. Tasks include housing related updates of the zoning ordinance and policies for reasonable accommodation and water use procedures and ordinance.

Status: $31,842.35 has been spent through 6/30/2023, approximately 48% of the grant funds.

The project is being wrapped up and will be completed by September 30, 2023. • Task 1 (subtask 1.3) – Housing Zoning Ordinance Update: Staff prepared final ordinance for City Council adoption, prepared resolution of submittal to CCC for City Council adoption, and prepared agenda reports for City Council meetings. City staff worked with CCC staff to develop a LCP amendment to certify the City’s codification of its ordinances to facilitate certification of the Housing Zoning Ordinance Update, along with drafting an LCP amendment application for the Housing Zoning Ordinance Update for submittal to the CCC. • Task 2 (subtask 2.4) – Reasonable Accommodate Ordinance: City staff prepared the final ordinance for City Council adoption, and prepared a resolution of submittal to the CCC for City Council adoption. Staff prepared agenda reports for City Council meetings. Staff also worked with CCC staff to develop an LCP amendment to certify the City’s codification of its ordinances to facilitate certification of the Housing Zoning Ordinance Update. Staff also drafted an LCP amendment application for the Reasonable Accommodation Ordinance for submittal to the CCC. • Task 3 Housing Partnerships: This task has been removed from the project. • Task 4 – Water Conservation:
o Subtask 4.1 – Develop water use procedures: Staff created graphs of water use trends for various user groups in the City of Trinidad, and researched water allocation and permitting systems. Staff also wrote staff reports and presented information to the Planning Commission for consideration and discussion.
o Subtask 4.3 – Incorporate into LU Ordinances: Staff developed new landscaping regulations to incorporate the MWELO and other water saving measures and procedures into Trinidad’s code. Staff also wrote staff reports and presented to the Planning Commission for review.

Local Coastal Program Update Project #3 (Fund 215) Funder: California Coastal Commission Project Term: 6/20/2022 – 12/31/2025 Grant Amount: $200,000 City Match: none Project Description: This grant will fund completion of certain tasks for the Local Coastal Program Update. The Cultural and Historic Resources Element and the Safety Element will be completed. A visitor serving facilities study and a build-out analysis will be completed. Several previously completed studies will be updated. The implementation plan (IP) portion of the LCP, which includes the zoning, grading, building, and subdivision ordinances will be updated. Portions of these ordinance updates have already been drafted, but the zoning ordinance, in particular, still needs a substantial amount of work. In order to ensure tasks are completed in a timely manner, the City will employ additional staff resources for all tasks. The tasks will include coordination with Coastal Commission staff as well as public outreach and public hearings.

Project Status: $14,979.37 has been spent through 06/30/2023, approximately 7% of the grant funds.

Task 1 – Complete Cultural and Historical Resources Element: City staff made a follow up request for comments from the Yurok Tribe and Tsurai Ancestral Society on the draft Cultural Resources Element.

Task 2 – Complete Safety Element: no work this period.

Task 3 – Complete VSF Study and Build-out Analysis: Staff continued gathering and compiling data on visitor accommodations within the Trinidad planning area. A survey was created and sent to STR managers in the Trinidad area.

Task 4 – Update Previous Studies and Finalize LUP: Not started yet.

Task 5 – Update Trinidad’s Implementation Plan: Not started yet.

CalRecycle SB 1383 Assistance Grant (Fund 216)
Funder: CA Dept. of Resources Recycling & Recovery
Project Term: 9/1/2022 – 9/2/2024 Grant Amount: $20,000 City Match: none Project Description: The CalRecycle SB 1383 Assistance Grant will provide funding support to address implementation of regulatory requirements associated with SB 1383. The City is participating in the HWMA Organics and SB1383 Compliance Program which will develop a Compliance Roadmap, develop capacity for organics processing and collection, edible food recovery, procurement, and analysis of waste management structure.

Project Status: $1,439.57 has been spent through 6/30/2023, approximately 7% of the grant funds.

The City Manager is participating in a Humboldt Waste Management committee to develop a SB 1383 Compliance Roadmap and assisting with planning and implementation to meet the state requirements for Organics Processing and Collection, Edible Food Recovery, Procurement and analysis of the Waste Management Structure.

REAP Housing Grant (Fund 216)
Funder: HCAOG
Project Term: 12/27/2022 – 5/31/2024 Grant Amount: $24,024 City Match: none Project Description: The REAP Housing grant will allow the City to update and integrate the City’s development permit application forms, create instruction sheets and answers to frequently asked questions, update the City’s website with the new forms and information, and provide training to staff on the new forms and integrated permit procedures. It will also assist in the development of a preliminary Plan for Services in preparation for potential annexation of a small residential area adjacent to the City; the project also includes public outreach. The project will also help streamline the permitting process for housing projects and provide additional clarity for applicants, residents, and City staff as to the permitting requirements and process for development in the City of Trinidad.

Project Status: $308.82 has been spent through 6/30/2023, approximately 1% of the grant funds.

Work has not begun on this grant yet, except for administrative set-up.

Storm Water Management Improvement Project Phase 2 (ASBS Storm Water Project) Project Term: 9/1/17 – 2/28/24
Primary Funder: State Water Resources Control Board Prop 84 Storm Water Grant Program - Fund 528 Grant Budget: $4,833,000
$3,115,500 has been spent to date, approximately 64% of the Prop 84 Grant budget.

Match Funder: US Department of Agriculture – Fund 527
Grant Match Budget: $536,994
$536,994 in project costs has been reimbursed and the USDA grant is completed.

City Match: $12,747 was spent to date from (FY 2016 to FY 2019) for pre-grant project development.

Project Summary and Background: This is the final phase of the ASBS Storm Water project to eliminate the storm water discharge into the Trinidad Bay (Area of Biological Significance or ASBS) at Launcher Beach by constructing LID improvements along Underwood, Edwards, Ewing, and at the beach parking area. This project was identified in the 2008 Integrated Coastal Watershed Management Plan.

Project Status: The major components of the project construction were completed in August and the discharge pipe into the Trinidad Bay Area of Special Biological Significance (ASBS) was removed.

Stormwater runoff onto the streets is now treated and infiltrated in underground infiltration chambers on Edwards St, Ewing St in the beach parking lot and in conjunction with bioswales on Underwood and Hector Streets. City Staff and GHD have been working with the Regional Water Quality Control Board and Water Boards on permitting requirements now that the discharge into the ASBS has been eliminated.

Project activities/effort for the period 3/1/23 to 6/30/23 The construction of the stormwater system improvements to treat and infiltrate rainwater have been completed and the discharge pipe to the ASBS has been demolished.

Van Wycke Storm Drain improvements
An additional component to add a treatment unit and install a support for the storm drain pipe on Van Wycke is being planned. Staff is hoping that all required approvals can be obtained in time to construct the work before the end of the Stormwater Project Grant term.

Demonstration Rainwater Catchment Systems
Staff and GHD are working with the Trinidad School to design and install a rainwater catchment system behind the bus barn to irrigate the school garden. Work will begin after the bus barn roof has been installed in August. Additional rainwater systems will be proposed to demonstrate other types of systems to collect, store and use rainwater for outdoor use. Rainwater collection and re-use systems can reduce the quantity of City water used for irrigation and other types of outdoor water use.

Educational Signage
Staff is working with GHD to develop one or two interpretive signs that explain the different ways that the City is collecting, treating and infiltrating rainwater runoff from paved areas to prevent polluted runoff from entering the Trinidad Bay. Staff is also working with GHD and Trinidad Elementary to develop an on-campus interpretive sign for educational purposes for all age groups.

Permits for the stormwater system and stormwater discharge to groundwater Staff and GHD are working with the State Water Resources Control Board and the Regional Water Quality Control Board to determine regulatory requirements and what permits are required for operation and maintenance of the City’s MS4 – the “Municipal Separate Stormwater Sewer System,” also known as MS4.

Trinidad Community Coastal Resilience Planning Project (Fund 531) Funder: Ocean Protection Council (OPC) Prop 68 Coastal Resilience Grant Grant Term: Upon Agreement execution to 6/30/2024 Grant Amount: $440,000 Project Description: The project will develop the Trinidad Community Coastal Resilience Action Plan for the benefit of its coastal and marine ecosystems, coastal economy, visitors, and local residents. The City of Trinidad will collaborate with Planning Partners, stakeholders and the public to engage in coastal hazards and coastal resilience planning, and concept design of several implementation projects.

Collaboration and partnerships for coastal resilience will be a foundation moving forward with this planning project.

Project Status: $252,146 has been spent through 6/30/2023, approximately 57 % of the grant funds.

Activities conducted March 1– June 30, 2023:

Task 1 Project Management: This period, staff activities included project coordination, grant reimbursement requests, progress reports, and correspondence with the Grant Manager.

Task 2 Community Engagement & Partnerships: Staff, GHD and SHN (Project Team) continued outreach to the Trinidad Rancheria, Yurok Tribe, Tsurai Ancestral Society, and Tsurai Management Team to codevelop engagement strategies for the Tribal Planning Partners, and to discuss and get input on the draft Vulnerability Analysis. The project team organized and held Public Meeting 2, hosted by the Trinidad Bay Watershed Council on July 17 to inform the community and solicit input about the project and draft Vulnerability Analysis. The hybrid meeting was well attended with approximately 30 participants in person and via zoom. Thank you to the Beachcomber Café for providing coffee, cookies and muffins.

Task 3 Integrated Coastal Resilience Action Plan: Work was completed to assess general vulnerability and risk of community resources/assets to various hazards/coastal/climate processes to inform the development of adaptation options. The Project Team utilized available bluff and shoreline retreat, source water vulnerability, and coastal flooding/inundation information. The Vulnerability Assessment used this information, along with the location of existing infrastructure and resources to establish exposure, response, and adaptative capacity.

Task 4 Implementation Project Concept Designs: This task has not started yet.

Guardrail, Pedestrian Crossing and Edgeline Safety Improvement Project (Fund 532) Funder: Caltrans Highway Safety Improvement Program (HSIP) Cycle 10 Grant Term: 1/5/2022 to 6/30/2025 Grant Budget: $796,800 Project Goals: Enhance pedestrian routes and improve roadway safety.

Project Description: The project includes three components:

1. Curb ramp and sidewalk replacement/upgrades, installation of rectangular rapid flashing beacons (RRFBs), curb/driveway extensions, and signage & striping at the following three (3) locations:

Location 1: Main Street at View Avenue
Location 2: Edwards Street at Hector Street
Location 3: Edwards Street at Galindo Street

2. Upgrade existing guardrail systems, end treatments and signs, and install vegetation control mats at the following two (2) locations:

Location 1: Scenic Drive, south of Langford Road
Location 2: Patrick's Point Drive, north of Ocean Avenue

3. The installation of edgelines and improved striping and signage along roadways at the following three (3) locations:

Location 1: Trinidad Frontage Road, from N. Westhaven Drive to End Location 2: Stagecoach Road, from City Limits to Main Street Location 3: Westhaven Drive, from City Limits to Trinidad Frontage Road Current Project Status: $155,548 has been spent through 6/30/2023, approximately 19% of the grant funds.

The CEQA Categorical Exemption is completed and filed and permits and right of way clearances have been obtained. Project plans and specifications have been completed. Staff submitted a request to Caltrans in May for allocation of the Construction phase funding which is in the queue for Caltrans approval. Because of the delay, we have missed the window to advertise for bids and proceed to the construction phase [this year] prior to the rainy season. Once the construction funding is approved by Caltrans, we will decide when to advertise for bids, but construction will occur in 2024 during the dry season.

State Parks and Recreation Per Capita Grant Allocation (Fund 533) Funder: California State Parks & Recreation
Project Term: 7/1/21 – 12/31/2023 Grant Amount: $177,952 City Match: none Project Description and Status: This is an allocation from State Parks. The City receives funding for approved projects up to the allocation of $177,952. The City has an approved project to make improvements to the Racquet Court. This funding program has complicated requirements, which have been challenging for the City to navigate, but despite this we have been making progress towards being ready to go out to bid and begin the next phase of the project.

Current Project Status. $4,393. has been spent through 6/30/2023, approximately 2% of the grant funds.

Trinity Street Pavement Rehabilitation Project (Fund 534) Funder: Department of Transportation
Grant Term: 12/08/2022 to 6/30/2025 Grant Budget: $272,000 City Match: None Project Description and Status: The CEQA Categorical Exemption is completed and filed and permits have been obtained. Staff submitted the request to the California Transportation Commission for allocation of the Plans, Specifications and Engineering funding which was approved on 6/29. Work will begin on the plans this month.

Current Project Status $4,317.84 has been spent through 6/30/2023, approximately 1% of the grant funds.

Activities through 6/30/23
The CEQA Categorical Exemption is completed and filed and permits have been obtained. Staff submitted the request to the California Transportation Commission for allocation of the Plans, Specifications and Engineering funding which was approved on 6/29. Work will begin on the plans this month.

Trinidad Water Storage Tank and Pipeline Replacement Project (Fund 606) Funder: Department of Water Resources (DWR) Small Community Drought Relief Program Project Term: 3/4/22 to 6/28/2024 Grant Amount: $5,079,090 City Match: None Project Description: The project includes replacing approximately 7,500 ft of leaky AC water mains and an existing 150,000-gallon redwood water storage tank with a new 250,000-gallon steel water storage tank to help stop the water loss during the current drought that impacts the community. This will make the community’s water system more reliable and drought resilient.

Project Status: $351,399.50 has been spent through 6/30/2023, approximately 7% of the grant funds.

The planning and design are nearly completed with a few details to be resolved. The project is scheduled to go out to bid in the coming weeks with construction anticipated to begin this summer and continuing next year. Please see the separate Discussion Agenda Item with additional information about the project.

Intertie and Tank Drought Relief Projects (Fund 607)
Funder: Department of Water Resources (DWR) Multi-Benefit Drought Relief Grant Program Project Period: 3/19/22 to 3/1/2025 Grant Amount: $2,000,000 City Match: None Description: This grant funds two projects with funding for overall grant administration.

Project 1 Trinidad-Westhaven Emergency Intertie $1,856,600 Westhaven Community Services District will be the project lead for planning, design, and construction of the Emergency Intertie construction project. The City is the Grant Administrator, with GHD as the Contract City Engineer, will be responsible for review and concurrence of the project plans, specifications, and engineering documents or calculations provided for review. SHN, the Contract City Planner, will be responsible for review and concurrence of environmental documents, permitting applications, and environmental compliance.

Project Status: $17,600 has been spent through 6/30/2023, approximately 1% of the grant funds.

The Emergency Intertie Project is having a slow start. Originally, construction was scheduled for this summer, but CEQA, Permitting and Project Design are still underway. City staff has requested an updated schedule from WCSD. The City’s engineers (GHD) have met with WCSD and provided information requested by WCSD’s Engineer.

Project 2 Water Storage Resiliency Project $73,400
This grant provides a small amount of funding for the Water Storage Tank being replaced under the Small Community Drought Relief Program Water Storage and Tank & Pipeline Replacement Project (above).

Project Status: $1,300 has been spent through 6/30/2023, approximately 2% of the grant funds.

Staff has worked with the funder, coordinated with GHD and managed this project in coordination with the overall Tank & Pipeline Replacement Project (see above).

Grant Administration $70,000
The grant administration funding supports administrative tasks including financial management of both projects, compiling and submitting grant invoices and progress reports.

Project Status: $21,985 has been spent through 6/30/2023, approximately 31% of the grant funds.

CONSENT AGENDA ITEM 2

SUPPORTING DOCUMENTATION ATTACHED

2. Financial Statements – May 2023

CONSENT AGENDA ITEM 3

SUPPORTING DOCUMENTATION ATTACHED

3. Law Enforcement Report – June 2023

DISCUSSION AGENDA ITEM 1

SUPPORTING DOCUMENTATION ATTACHED

1. Discussion/Presentation regarding Water Storage Tank & Pipeline Replacement Project Update.

DISCUSSION AGENDA ITEM
Date: July 25, 2023
________________________________________________________________________ Item: Water Storage Tank & Pipeline Replacement Project Update The City entered into a grant agreement with the Department of Water Resources in June 2022 for the Trinidad Water Storage Tank and Pipeline Replacement Project (Project) funded by the Small Community Drought Relief Program grant funding to replace old and leak prone water mains on Westhaven Drive and Edwards Street and to construct a 300,000 gallon steel storage tank to replace one 150,000 gallon redwood tank. In September 2022, the City entered into consultant agreements with GHD for engineering and planning services, and with SHN for planning support. The grant will pay for work completed under these project consultant agreements.

Project Status: CEQA Environmental Documentation and permitting have been completed. The 100% Plans and Specifications have been drafted with review comments and last details being addressed for the final bid documents.

Project Scope: The project scope has been slightly revised to match available grant funding based on direction provided from the funder. We are replacing the water mains on Edwards and Van Wycke Streets as planned, and replacing an existing 150,000-gallon redwood water storage tank with a new 250,000- gallon steel water tank, and replacing additional water mains on Westhaven Drive as planned.

Project Timeline: The project is scheduled to go out to bid in July. The construction timeline begins this summer and likely through next summer based on material availability. To keep the project moving forward, staff suggests that Council authorize the City Manager to continue to deliver the project per grant agreements such as advertising for bids and awarding the construction contract to the lowest responsive, responsible bidder or to reject all bids if they exceed the available grant budget.

Payment for timber removed along access road and at water storage tank site to landowner. The original landowner of the tank site and current owner of the access road that the City uses via right-of-way to get to the tank site stated the original agreement with the City was that the City could access and use the tank site and the landowner would receive reimbursement for any the commercial value of any trees removed. The City Manager agreed to honor that agreement and reimburse the previous owner of the water tank site and current owner of the access road for the commercial value of the trees removed for this project.

To determine the commercial value of the trees, staff recommend valuation by a third-party forester assessment. James Able Forestry Consultants, a local forestry consultant firm, was contacted and provided a proposal to do this work for a price of $1,500. City staff will inquire with funder about using grant funds for the forester’s fee and payment of timber value to landowner. In the case that the forester’s fee is not grant reimbursable, staff is requesting authorization to pay for this expense out of the water fund. In the case that the timber value is not grant reimbursable, staff will return to Council with valuation amount and propose payment from the water fund.

Staff Recommendation:
• Authorize the City Manager to continue to deliver the project per grant agreements, including soliciting and accepting or rejecting all bids and awarding the construction contract to the lowest responsive responsible bidder provided it is within the grant budget.
• Authorize the City Manager to engage a professional forester to inventory the trees to be removed and provide a commercial valuation of that timber. Authorize the City Manager to provide payment from water fund for timber valuation by third party forester if the request for grant reimbursement is not approved by the funder. • Authorize the City Manager to provide payment for the assessed timber value to the prior owner of the tank site and current owner of the access road if the request for grant reimbursement is approved by the funder.

Attachments: James L. Able Forestry Consultant proposal

DISCUSSION AGENDA ITEM 2

SUPPORTING DOCUMENTATION ATTACHED

DISCUSSION AGENDA ITEM
July 25, 2023
---------------------------------------------------------------------------------------------------------------- Item Xa: First reading of Ordinance No. 2023-XX correcting and reaffirming codification of the City of Trinidad Zoning Ordinance, Title 17 of the Trinidad Municipal Code
Item Xb: First reading of Ordinance No. 2023-XX reaffirming codification of the City of Trinidad Zoning Ordinance and amendments thereto that were not submitted to the CA Coastal Commission for certification
The City first codified it’s ordinances in 1990 with an update and creation of an online code in 2012. The ordinance codification process refers to the systematic and organized method of compiling and consolidating local laws, regulations, and ordinances into a comprehensive and consistent legal code. The City is currently working on another update to the Trinidad Municipal Code.

The codification process changes the numbering of the original ordinances as well as some of the verbiage and formatting. The changes that were made to the zoning ordinance as part of the codification process were never certified by the Coastal Commission. Therefore, the Coastal Commission does not recognize the City’s numbering of its ordinances. And so, in the past, such as with the STR ordinance, the City included both numbering systems in the new ordinance to allow for certification by the Coastal Commission.

The City has recently been working on several housing related zoning amendments.

These amendments add and update quite a few definitions and various sections of the zoning ordinance. The use of two numbering systems was becoming unwieldy. This is particularly true for the definitions, which are unnumbered in an appendix to the original ordinance, leaving no easy way to refer to individual definitions. Therefore, it was decided that the City should go ahead and get the codified version of the zoning ordinance certified by the Coastal Commission to facilitate current and planned amendments.

This process has been more complicated than originally anticipated. The City has passed several zoning ordinance amendments over the years that have been incorporated into the codified ordinance, but were never submitted to the Coastal Commission for certification. And there may have been some errors in the codification process and/or the City’s adoption of changes to the original zoning ordinance recommended by the Coastal Commission that created inconsistencies between the codified ordinance and the certified ordinance. But since this goes back to 1980, locating all the records has been difficult. City and Coastal Commission staff are still working through some of the discrepancies to figure out the most efficient path forward.

Therefore, this item will be continued to the August 8 meeting, but because it was noticed for this meeting, the item was included on the agenda.

Attachments
None
Recommended Action:

Continue the items to the August 8, 2023, meeting.

DISCUSSION AGENDA ITEM 3

SUPPORTING DOCUMENTATION ATTACHED

The City has recently been working on several housing related zoning amendments.

Therefore, this item will be continued to the August 8 meeting, but because it was noticed for this meeting, the item was included on the agenda.

Attachments
None
Recommended Action:

Continue the items to the August 8, 2023, meeting.

DISCUSSION AGENDA ITEM 4

SUPPORTING DOCUMENTATION ATTACHED

4. Discussion/Decision regarding City Manager Contract Renewal.

This EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on July 25, 2023, by and between the CITY OF TRINIDAD, CALIFORNIA, (hereinafter "Employer"), and Eli Naffah (hereinafter "Employee").

RECITALS
WHEREAS, the Employer is represented in this Employment Agreement by its governing body, the City Council; and
WHEREAS, the Employee has significant applicable experience in local government and public sector management that qualifies him to perform the duties of City Manager; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

AGREEMENT
Section 1. DUTIES OF THE EMPLOYER
It shall be the responsibility of the Employer to provide timely support and assistance to the Employee in his role as the City Manager.

The Employer shall provide policy guidance to the Employee by ongoing acts of the City Council.

Section 2. DUTIES OF THE EMPLOYEE
A. City Management: It shall be the responsibility of the Employee to manage the daily affairs of the City of Trinidad in a manner that is consistent with the generally accepted practices of city management in the State of California.

B. Law Enforcement: It shall be the duty of the Employee to see that all laws and ordinances of the Employer are duly enforced, and to see that all franchises, licenses, and permits granted by the Employer, and contracts entered into by the Employer are faithfully performed and observed.

C. Authority Over Other Employees: It shall be the duty and the authority of the Employee to control and give directions to all City Staff and contracted employees such as the City Planner, City Attorney, City Building Inspector.

D. Power of Appointment and Removal: It shall be the duty of the Employee to appoint, remove, promote, demote, suspend, or dismiss all officers and employees of the Employer, subject to all applicable personnel ordinances, rules and regulations. No department head shall be appointed or removed until the Employee has first reviewed such appointment or removal with the City Council and received approval of such appointment or removal from the City Council, in Executive Session.

E. Legislative Recommendations: It shall be the duty of the Employee to recommend to the City Council for adoption of measures, ordinances, and resolutions as he deems necessary or expedient.

F. Council Meetings and Records: It shall be the duty of the Employee to prepare agenda materials for City Council meetings, and to maintain a complete and up-to-date record of the City Council meetings.

G. Attendance at City Council Meetings: The Employee shall attend all meetings of the City Council except (1) when specifically excused from attending a particular meeting, or (2) when his removal is under consideration by the City Council.

H. Financial Reports: The Employee shall keep the City Council at all times fully advised as to the financial condition and needs of the Employer.

I. Budget Preparation: It shall be the duty of the Employee to prepare and submit the proposed Annual Budget to the City Council for its consideration and to be responsible for the efficient administration of the budget after its adoption by the City Council.

J. Fiscal Responsibility: It shall be the responsibility of the Employee to allocate funds and approve expenditures necessary for the ongoing operations of the City of Trinidad, in accordance with allocation made in the approved and/or amended Annual Budget.

K. Long Term Planninq: The Employee, with assistance from staff and consultants, shall develop long-range plans and capital improvement programs for maintaining and upgrading of City of Trinidad facilities, buildings, and infrastructure.

L. Tracking Laws: The Employee shall keep track of changes to State and Federal laws that are applicable to the Employer.

M. Grant Applications: It shall be the responsibility of the Employee, with assistance from staff and consultants, to apply for and administer Federal, State, and private foundation grant funding.

N. Employee Relations: It shall be the responsibility of the Employee to carry out the labor relations process on behalf of the City Council.

O. Additional Duties: The City Council may, from time to time by ordinance, resolution, or other action, fix any such other terms and conditions of employment as it may determine, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Trinidad's Municipal Code, or any other law. It shall be the duty of the Employee to perform such other duties and exercise such other powers as may be delegated to him by the City Council.

Section 3. SPECIFIC PROJECT DUTIES
The Employer may direct the Employee to undertake and manage specific projects leading to the betterment of the City of Trinidad and the established policy guidelines of the City Council.

Specific projects will vary and will be defined by the City Council. Examples of specific projects may include updating of the General Plan, pursuit of improvements to the Water System, preparing or managing the preparation of new or amended plans or studies, undertaking of negotiations for new or revised professional services, and solicitation of actions that would improve the revenue situation for the Employer.

Section 4. DIRECTION AND SUPERVISION OF THE EMPLOYEE
The Employee must be able to perform the duties of this position on an ongoing basis with minimal direction from the Employer.

The Employee shall take specific directions, orders, and instructions from the Employer through action of the majority of the City Council acting in a duly convened meeting, and no individual Council member shall give any orders or instructions to the Employee.

Section 5. WORK SCHEDULE OF THE EMPLOYEE
The Employer and the Employee agree that the Employee shall carry out the above responsibilities forty-seven weeks a year, at an average rate of 30 hours per week, for an annual total of no more than 1410 hours. Of the 47 weeks contracted for, it is anticipated and expected that the Employee shall work (a) at least one day each week, and (b) four days per week generally. The Employee shall receive advance approval from the Mayor for being absent any of the remaining five weeks of the year that the Employee is not contracted to work at all.

The Employee will report for work at a work location to be provided by the Employer during normal work hours, and at such other times (such as evening meetings) as to be determined and agreed upon by the Employer and the Employee.

Of the contracted 1410 hours annually, some flexibility in hours worked per day or per week is assumed, to allow for personal or family events, or for extraordinary council sessions, etc.

The Employee will be asked to attend annual meetings of the California League of Cities.

The Employer will cover expenses for attendance at said meetings, not to exceed 2 (two) meetings per year.

Section 6. COMPENSATION
The Employee shall receive an annual salary of $84,552 (which includes a 4% COLA increase) effective July 1, 2023.

The Employee shall be provided with a City cell phone for City business. This cell phone provision assumes reasonable access to the City Manager after hours by City Staff.

The Employee shall be included in the Life Insurance benefit provided to full time City Employees.

To the extent allowed by law, the Employee will be allowed to pay some of his hourly compensation, before taxes, into the Employer’s deferred compensation plan. The Employee shall receive the equivalent of 6% of the employee’s salary as a City contribution to Employer's deferred compensation plan and up to an additional amount of 6% of the employee’s salary paid by the City based on the level of contribution by the employee.

The Employee shall receive $400 per month as a Rent Stipend to offset the cost of renting housing in the Greater Trinidad area, in order to be readily accessible to the City.

The Employee shall receive $100 per month as a Gas Stipend to offset the cost of travel to the City, and in lieu of mileage reimbursement for travel in Humboldt County.

There are no other compensation or benefits provided to the Employee by the Employer.

Section 7. TERM
The term of this Agreement shall be from July 25, 2023 through July 24, 2024.

Employee agrees that, during the periods described in Section 5 herein, Employee remains in the exclusive employ of Employer during the employment term and will neither accept employment nor become employed by another employer which requires the performance of work duties during the periods described. Notwithstanding this, and at the sole discretion of Employer, Employee may accept compensation for outside consulting, writing, or speaking engagement; or while teaching or training; or while serving on the Board of Directors of one or more corporations; provided, however, that such outside activities or work are not inconsistent or incompatible with City of Trinidad employment. Remaining on the faculty with College of the Redwoods is permitted within this provision.

At the end of the term of this Agreement, the Agreement shall be reconsidered by both parties and, at such time, may be terminated of extended with any modifications that are agreed upon by both parties.

Section 8. INDEMNIFICATION
In addition to that required under state and local law, the Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of a lawful alleged act or omission occurring in the performance of Employee's duties. Employer will compromise and settle such claims or disputes as appropriate and pay the amount of any settlement or judgment rendered thereon.

Section 9. PERFORMANCE EVALUATION
The City Council shall review and evaluate annually the performance of the Employee.

Said review and evaluation shall be in accordance with the POSITION RESPONSIBILITIES of the attached document: City Manager Job Description & Evaluation. Said POSITION RESPONSIBILITIES may be added to or deleted from as the Council may from time to time determine, in consultation with Employee. Further, the City Council shall provide the Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council.

Annually, the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of Trinidad and the attainment of the City Council's policy objectives and shall further establish a relative priority among those goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations involved.

In effecting the provisions of this Section, the City Council and Employee mutually agree to abide by the provisions of applicable law.

Section 10. AT-WILL EMPLOYMENT
This is an at-will employment relationship, and either the Employer or the Employee may terminate the relationship for any reason, with or without cause, and without prior written notice, except as specified in Section 11 of this Agreement.

Pursuant to the Trinidad Municipal Code, the parties acknowledge and agree that the City Manager serves at the pleasure of the City Council; that there exists no contract for or right of employment, either express or implied, with the sole exception of the provisions contained herein; that the City Council may terminate the employment of the Employee with or without cause; and that upon such termination, with or without cause, Employee's sole remedy under the laws of the State of California, the laws of these United States, the Trinidad Municipal Code, and this Agreement consists of the provisions contained herein.

Section 11. TERMINATION OF THE AGREEMENT
The removal/dismissal of the Employee shall be affected only by a majority vote of the entire City Council. In the event of termination of this Agreement by the Employer for cause, the Employee shall be provided no severance payment, and will be paid for any work done to the time of termination.

In the event of termination of this Agreement by the Employer without cause, the Employee shall be provided a severance payment equivalent to one month’s pay at the Employee’s current compensation level.
‘Cause’ for the purposes of this paragraph, shall be defined as a documented failure of the Employee to effectively perform the duties of the position as defined in Section 2, or other specific action by the Employee which a majority of the City Council finds to warrant termination of the agreement.

In the event that the City Council elects to terminate the Agreement, the Employee will be provided the option to resign from the position.

In the event of termination of this Agreement by act of the Employee, the Employee will act in a professional manner by giving 60 days notification to the City Council and will assist in whatever transition is necessary upon his termination of employment, within reason.

Section 12. AMENDMENTS
Unless otherwise specified herein, this Agreement may be changed or modified only upon written consent of the parties hereto.

Section 13. GENERAL PROVISIONS
If any provisions, or any portion thereof, contained in this Agreement are held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

If any provisions of the City of Trinidad's Personnel Rules, Regulations, and Policies conflict with the at-will employment status described in this Agreement, such conflicts will be resolved in favor of the at-will status contained in this Agreement.

Employer and Employee agree that they will, at all times, assist each other in defending any litigation involving the City of Trinidad, or Employer's duties with Employer, and Employer agrees to defend Employee against any claim or action against him arising out of an act or omission occurring with the scope of Employee's employment. The parties shall each comply with the requirements of Section 825 of the Government Code or its successor implementing this paragraph.

Section 14. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the provision thereof and supersedes any and all prior agreements and understanding, oral or written, in connection therewith.

Section 15. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same Agreement.

EXECUTION OF THE AGREEMENT
The Employer approved this agreement and authorized the Mayor to sign on the Employer’s behalf at their duly noticed Council meeting of July 25, 2023.

IN WITNESS THEREOF, the Employer and the Employee have executed this Agreement effective July 25, 2023.

EMPLOYER EMPLOYEE
By: _____________________ By:_______________________
Mayor Cheryl Kelly Eli Naffah
Date: ________________,2023 Date:_________________ ,2023 DISCUSSION AGENDA ITEM 5

SUPPORTING DOCUMENTATION ATTACHED

5. Discussion/Decision regarding August Council Meeting Schedule.

Trinidad City CouncilJuly 25, 2023

Trinidad City Council
July 25, 2023