09-24-2024 City Council Meeting Minutes Page 1
MINUTES OF THE SECOND REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, SEPTEMBER 24, 2024 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, West, Tuttle, and Breckenridge. Ladwig was absent. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Administrative Assistant Anton Souza, and City Engineer Josh Wolf. Grant Administrator Angela Cather attended by video-conference. Approximately (3) participants were present by video-conference, and (6) were present live at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION – No closed session.
IV. RECONVENE TO OPEN SESSION
Mayor Kelly announced that the Council approved a month-to-month contract with City Manager Naffah during the 09/23/2024 special closed session meeting. The contract is on tonight’s consent agenda for approval.
Also, the search for a new City Manager is underway. The Council will be holding interviews next week.
Kelly also noted that the Closed Session scheduled for the conclusion of this meeting is not necessary and will not be held.
V. APPROVAL OF THE AGENDA
Motion (West/Kelly) to approve the agenda as submitted. Passed 4-0.
VI. APPROVAL OF MINUTES –05-28-2024 cc2, 06-11-2024 cc, 07-09-2024 cc, 08-13-2024 cc Motion (West/Tuttle) to approve the 05/28/2024 cc2 and 06/11/2024 cc minutes as submitted. Passed 4-0.
Ladwig absent.
Motion (Kelly/Breckenridge) to approve the 07/09/2024 cc minutes as submitted. Passed 3-0-1. West did not attend the meeting. Ladwig absent.
Motion (West/Breckenridge) to approve the 08/13/2024 cc minutes as submitted. Passed 3-0-1. Tuttle did not attend the meeting. Ladwig absent.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
West: HCAOG discussed Caltrans plan to move forward with tunneling project to bypass Last Chance grade on 101. 2.5 Billion estimated cost. Construction begins in 2030 and will last 6-8 years. This will be the first tunnel built by the State in over a decade.
Breckenridge: Animal Advisory Committee met earlier tonight. HCSO Animal Control Officer Megan Nims attended to participate in the aggressive dog discussion and County/State code enforcement.
Ladwig: HTA received a presentation from County staff regarding a November ballot measure for roads and transportation expenses. RREDC met but discussed nothing relevant to Trinidad.
Kelly: Reporting out from the G2G meeting with the Trinidad Rancheria held on 06/13/2024: Animal Control issues were discussed, Galindo Trail update (nothing new to report), trail signage recommended by the Trails Committee was not received well, but using stone was preferred. The Rancheria asked about the Tsurai lawsuit status, but the City was not able to disclose any updates.
Attended the recent LAFCO meeting representing Trinidad. Members were appointed, and the Orleans Water System issues were discussed. Annexation and Fire District discussions are the responsibility of LAFCO, and it is important for Trinidad to be represented.
CERT will hold Stop the Bleeding & CPR trainings at the Town Hall in October. First Aid training will be held in November. The CERT Trailer will be on display at the Town Hall during the Fisherman’s Feast in September.
VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet, including HSIP project underway, Water Tank & Pipeline Project Update, and Luffenholtz Creek flow rate. CIRA representatives visited Trinidad. Discussed School Playground public access, and options to open 09-24-2024 City Council Meeting Minutes Page 2
the Van Wycke trail. City Manager will be meeting with Tribal officials and the Coastal Commission to pursue options.
Councilmember West asked how the City would be ensured the School gate will be open after-hours. City Manager Naffah responded, stating to let him know if there was a problem.
Jacque Hostler – Trinidad Rancheria CEO
The Rancheria is moving ahead with the Interpretive Center project and needs to resolve the easement issue.
They will also be holding a celebration at the Harbor on September 28. Days City Manager Naffah responded, stating he would check with the City Attorney and Planner.
HCSO Lt. McCall was unable to attend.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Richard Kieselhorst – Trinidad
An article was published in the North Coast Journal this week about the County taking enforcement action to abate the Yee-Haw commune nuisance on Quarry Road. Charles Garth also owns the old Seventh Day Adventist Church next to my property at 101 North Westhaven Drive. I have been complaining about the Church for many years. The City hasn’t done anything, and the problem has only gotten worse. My tenants are concerned for their safety. There are 12 abandoned vehicles on his property that is zoned for a church. Garth will be evicted from his property on Quarry Road as is moving the things he wants to keep down to the church.
This is frustrating. You have my permission to come see it yourself. The County says it will cost approximately 1 million to abate the Quarry Road nuisance. Does Trinidad have a million dollars to clean up the church? Garth is violating City codes that aren’t being enforced. It’s time to do something about it before it gets much worse.
Mayor Kelly recommending gathering for a meeting with County and City officials to coordinate enforcement efforts.
X. CONSENT AGENDA
1. Staff Activity Report – August 2024
2. Financial Statements – July 2024
3. Law Enforcement Report – August 2024
4. Second Reading of Ordinance 2024-02; Zoning and General Plan Amendment request to change the zoning and general plan designations of the property from PR – Public and Religious to SR – Suburban Residential. Narelle 2021-04; Located at 12 Berry Road; APN: 515-331-016, and Resolution 2024-15; Authorizing Staff to Submit an LCP Amendment to the Coastal Commission for the Rezone.
5. Second Reading of Ordinance 2024-03; Extending the .75% Transactions and Use Tax for General Purposes to Continue to be Administered by the California Department of Tax and Fee Administration
6. Trinidad-Westhaven Emergency Water Service Intertie Grant Project Update
7. Resolution 2024-16; Adopting CalTrans Local Assistance Procedures Manual Chapter 10 – Consultant Selection Dated January 2024.
8. First Amendment to the City Manager Employment Agreement.
Motion (Kelly/West) to approve the consent agenda as submitted. Passed 4-0.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Prop 218 Public Hearing on Water Rate Increase and Consideration of Adopting Resolution 2024-17; Amending Fees and Charges for Water Rates.
City Manager Naffah explained that all the necessary steps have been taken to evaluate and update the City’s water service rates, and legal noticing in accordance with Proposition 218 has been conducted. According to the City Clerk’s office, four written protests were received. The Council is being asked tonight to review the protests, conduct the hearing, and consider adopting Resolution 2024-17 implementing the new rate structure beginning October 01.
City Manager Naffah introduced Samantha Ryan from RCEA who assisted the City with the rate analysis. Ryan noted that unless there were detailed questions from the Council or members of the public, then tonight’s task is to consider adoption of the draft rates.
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Public comment included:
Tom Davies – Trinidad
Our water fund is grossly mismanaged. I reviewed invoices requested from Coleman Engineering. The contractor rates are extremely high, and sticking with them without investing in existing employees is to blame for these high rates. I encourage Council to get involved in personnel decisions and encourage employees to stay.
Employees that were interested in keeping jobs here were not supported. I also heard a rumor there was a settlement paid to a past employee for the contractor’s behavior towards them. This could have been avoided.
Be loyal to the local people. It looks really suspicious that the lead guy at Coleman Engineering is now considered a candidate for the CPO job advertised. Distrust of the Council is at an all-time high. This a zit on the face that’s ready to pop…a symptom of the problem.
Naffah noted that there was an internal investigation held regarding an employee complaint issue, by the City’s insurance provider. There was no settlement, and the process did not cost the City any money.
Mayor Kelly reminded the public that the Council spent a lot of time discussing their disapproval of the continued expenses related to Water Plant Operation, and directed staff to recruit harder for a new operator. The City cannot prevent someone from Coleman Engineering from applying for the job, but it does not guarantee them anything.
Breckenridge noted the rates had not been raised since 2017 and inflation has increased 25% since then.
Jacque Hostler – Trinidad Rancheria
Asked for clarification on rates, and how the Rancheria will be affected.
Samantha Ryan noted that the rates have been equalized for inside/outside City. All customers will have a $66.20 base rate per month, with a $5.85 per 100cuft consumption rate. Outside city residents will see a 17% base rate increase. Inside City customer rate increase will be higher.
Council comments included:
Tuttle: When will the next rate increase be? RCAC recommends reviewing the fund performance every year, but the rate structure considered tonight will program a 10% increase each year through 2029.
Breckenridge: Question for resident Tom Davies; how do you explain trust sentiment being low (with a lot of “talk”, but only 5 rate protests received? Davies stated it was based on many decisions being made recently that aren’t helping the city, such as trail closures, for example. I sat on your side for 7 years. People get the impression that they aren’t being heard. Thank you for asking.
Motion (Kelly/Breckenridge) adopting Resolution 2024-17 Amending Fees and Charges for Water Rates. Passed 4-0.
2. Speed Humps update for Ocean and View Streets/Consider options.
City Manager Naffah explained that he noticed a removable speed bump in Cave Junction. When several staff members joined him in marking speed hump locations on View and Ocean, he felt it would be helpful to consider the removable option. He also remembered residents asking for them on other streets.
City Engineer Josh Wolf started a presentation off with basics; Speed bumps, Humps, and Tables. Each device is designed differently and for specific purposes. Speed humps are being proposed on View & Ocean. The Council expressed their preference for permanent, asphalt humps at the August 13 meeting. Humps are intended to control traffic speeds and volumes. Disadvantages include pushing traffic to adjacent streets, noise level increases, etc. Presented options for permanent, hot mix asphalt humps or temporary, modular, rubberized humps. Permanent are estimated to cost around $6,600 installed. Temporary will be approximately $5,500, plus installation costs.
Public comment included:
Tom Davies – Trinidad
Prefer permanent asphalt. Concerned with people veering off the road to avoid the humps, and parking issues created adjacent to them.
Council comments included:
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Tuttle: Did we get all residents on View and Ocean to sign off? City Manager Naffah explained there were three on Ocean Avenue that weren’t able to sign. Two residents on View did not sign. For the most part, the majority was in favor of speed humps. Naffah further explained that the cost will be covered by the HSIP funding.
Kelly: I don’t have a strong opinion about this.
West: I prefer permanent asphalt humps. Temporary humps aren’t attractive and seem like a waste.
By consensus, the full Council supported their previous decision to install permanent asphalt speed humps.
3. Discussion/Decision to Appoint Two Councilmembers for a Tribal Consultation Government-to-Government Consultation request from the Trinidad Rancheria.
City Manager Naffah explained that a request was made by the Rancheria to hold a G2G meeting for vegetation removal proposed on ALMT, along with Van Wycke Trail closure update.
There was no public comment.
Motion (West/Breckenridge) to appoint Mayor Kelly and Councilmember Tuttle to join the G2G meeting, with West being an alternate. Passed 4-0.
4. Update on Argument in Favor of Measure L Unanimously Approved by the City Council in August.
City Clerk Adams explained that on Tuesday, August 13, the City Council voted 4-0 in support of an Argument in Favor of Measure L (Continuation of the .75% Trinidad Sales Tax for four more years). The deadline to file the argument with County Elections was 5pm, Monday, August 19.
The City Clerk has been on record every month since January providing the Council with detailed calendar updates and upcoming deadlines for the purpose election transparency, but also as an aide to Staff keeping things on track.
On Monday, August 19, afterhours, the City Clerk realized that a prior email send attempted on Friday the 16th had not been replied to with confirmation from County Elections. Staff was unable to locate a sent message with a time stamp. A follow up email was sent immediately at 8:52pm.
On Tuesday the 20th County Elections responded, stating they did not receive the submission prior to 5pm on the 19th, therefore it would not be accepted.
Due to a combination of workload demands and technical issues with Microsoft, Staff failed to meet the deadline, meaning the Argument in Favor as approved by the Council on August 13 will not be included in the Voter Information Guide. There was no Argument Against Measure L submitted.
In lieu of missing the deadline, Staff recommends a direct mailer along with website support of a slightly edited version of the Argument that removes any advocacy that would render Staff unable to devote city resources to the cause. City Attorney Russ Gans office revised and endorsed the attached letter.
By consensus, the Council authorized staff to publish the revised Argument In Favor of Measure L and dedicate staff time to direct mail registered voters and publish on the City website.
FUTURE AGENDA ITEMS
- Van Wycke & Axel Lindgren Trail Updates
ADJOURNMENT: 7:50pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor