10-08-2024 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, OCTOBER 08, 2024 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Ladwig, Tuttle, Breckenridge. West was running late. City Staff in attendance: City Manager Eli Naffah, City Clerk Gabriel Adams, Project Manager Jennifer Hakenen, Administrative Assistant Anton Souza, and City Planner Trever Parker. Approximately (8) participants were present by video-conference, and (7) were present live at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION
1. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: New/Replacement City Manager
2. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: Water Chief Plant Operator IV. RECONVENE TO OPEN SESSION
No reportable action taken in closed session.
V. APPROVAL OF THE AGENDA
Motion (Ladwig/Breckenridge) to approve the agenda as submitted. Passed 4-0.
VI. APPROVAL OF MINUTES – 09-24-2024 cc2
Motion (Ladwig/Kelly) to approve the minutes as submitted. Passed 4-0.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Reports given at the 09/24/2024 cc2 meeting. No reports provided at this meeting.
VIII.STAFF REPORTS – City Manager & Law Enforcement
City Manager Naffah highlighted accomplishments summarized in the staff report included in the meeting packet, water tank and pipleline project update, Luffenholtz Creek flow 3.19cfs on 09/19/2024, Water Department staff State Certification testing update, etc.
HCSO Lt. McCall provided a brief summary of the September statistics, provided in the meeting packet.
Nothing unusual to report.
IX. ITEMS FROM THE FLOOR – No items shared.
(Three (3) minute limit per Speaker unless Council approves request for extended time.) X. CONSENT AGENDA
1. Staff Activity Report – September 2024
2. Financial Statements – August 2024
3. Law Enforcement Report – September 2024
Motion (Kelly/Tuttle) to approve the consent agenda as submitted. Passed 4-0.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Presentation/Discussion regarding Axel Lindgren Memorial Trail (ALMT) Conceptual Redesign.
Presenter Sarah Lindgren-Akana, Secretary for the Tsurai Ancestral Society - the Yurok Indians from the Village of Tsurai whose family were the lineal descendants of the village. Grandfather Axel Lindgren, Jr. helped create the Museum, assist with collection of artifacts there, and shown in the murals on Murphy’s Market. The ALMT is a cultural and ceremonial path that existed since time immemorial. The hillside and sensitive areas near Old Home Beach began failing awhile back. Trail users began making a voluntary trail around the bottom failure. In 1997 the new cable steps were installed in the non-traditional route due to higher expense related to the traditional reroute. Axel Jr. allowed the re-route with the hope and understanding the traditional path would be addressed at some point in the future as resources allowed.
Presenting images from the technical memo included in the meeting packet, Lindgren explained that a temporary re-opening of the trail has been discussed, but the trail has been overgrown with brush and small trees. RCAA 10-08-2024 City Council Meeting Minutes Page 2
was contacted for assistance. The traditional path connected to the landing boulder in the preferred route was found to be problematic due to erosion. As a result, a boardwalk style step system is being proposed. The old cable system has failed. Trying to redo what was done previously would be too much for the trail to handle. A small bridge concept from the trail, to the boulder, down steps to the beach is the preferred option now. Step systems work well for other local trails, but behavioral analysis suggests what works for one trail may not work for others. This trail has unique soil conditions, and this is a protected ceremonial trail with a design that integrates these characteristics, but is also long-lasting and feasible.
Lindgren continued, stating that this is a big project. First step is to create a design that won’t destabilize the bluff. To do this, we need help from RCAA (funded by the City) to de-brush the last section of the trail to understand what we’re dealing with. Once that’s accomplished, significant funding must be sourced and discussed through G2G meetings. We may have to work on the project in segments if needed.
Council questions included:
Breckenridge: First step is to brush the lower trial to complete the investigation? Lindgren confirmed, adding the G2G with the Rancheria would also need to occur. We are also accepting donations for this project as well.
Public comments included:
Dick Bruce – Trinidad
Regarding funding, what’s the realistic timing of grant funding being available? Also, the GHD study suggests this will be a two-million dollar project. Is this trail project eligible for that kind of funding? Will environmental planning be needed first before grants are pursued? Lindgren stated she wasn’t a grant writer, but that the Tsurai was expecting partnership with the City for this service, and timeline estimates would be up to them to comment on. Naffah responded, passing the buck to engineering and grant staff, but generally speaking a short-term solution to open the trail as soon as possible while working on the long-term fix was the goal.
Mayor Kelly noted there may be other possible construction options, with the State Parks Department for instance, that may be suitable and more affordable. Tsurai Management Team is encouraged to talk with them.
Janine Pfieffer – Ecologist for Tolowa, Resighini, and Trinidad Rancheria.
Currently working with Cher-Ae Heights Indian Colony, and interested in hearing from the City Council as to what degree Cher-Ae Heights Tribal leadership has been approached to help fund the project, as they’re closest in proximity to the trail.
Lindgren interjected, clarifying the Rancheria (not colony) is in close proximity to the City, but the Yurok Tribe is of historic origin to this area, and comprised of many villages. Tsurai Ancestral lands extend south to the Little River, within the Yurok Tribal area. Consultation is required under law. The City is setting up a G2G meeting with the Rancheria to consult. The Rancheria occupy lands within the traditional ancestral village land. The Rancheria consists of several Tribal backgrounds. Lineal, ancestral descendency has been proved in court.
Mayor Kelly added that there is a Tsurai Management Team. The meetings traditionally included Councilmembers when cultural assets are not being disclosed. The Rancheria has not been included in this level of planning, but is now being brought into the discussion. This is the first time the City Council has seen the plans included in this meeting packet.
Robert Hemstead – Trinidad Rancheria
Regarding Lindgren’s comments, there is contentious discussion and litigation on this matter. This is Yurok Territory. You can’t take that away from someone because their grandparents decided to start a Rancheria earlier than certain laws were created to protect Yurok Tribal Territory. I’m a descendent of several local tribes, specifically Yurok. Appreciate having the opportunity to be involved.
Lindgren responded, stating the current litigation between the City and Tsurai is a great place to have this discussion and we hope the Rancheria responds to our requests for documents and to get involved. That is the place to settle this. We want to protect our village and not constantly lock horns with the Rancheria. The litigation is a great venue to have these discussions.
Bryce Kenny – Trinidad
Thanked Lindgren for the presentation. Looking forward to working with the Council soon. As far as the design is concerned, it seems a little over the top. It’s a staircase, not a trail, which seems out of character with the surroundings, and will be very expensive to maintain. Shifting attention to the bigger picture, the 12.5 acres 10-08-2024 City Council Meeting Minutes Page 3
should be in tribal ownership. It’s way overdue. The City’s caught in the middle of a competition between the Rancheria and Yurok Tribe over entitlement to this area. The momentum has been to transfer title to the Yurok Tribe. This is taking up too much staff time that can be utilized elsewhere. In the meantime, a simple repair to the bottom of the trail so it can be reopened, would be a great thing to do. The current closure is currently illegal in terms of permitting with the Coastal Commission.
Robert Hemstead interjected, stating inaccuracy of those comments.
Mayor Kelly requested to shift focus to the trail, and off the title transfer, and protected the speaker’s rights to comment.
Lindgren noted that the entire trail needs to be engineered. The City hasn’t done any maintenance, upkeep, or repairs to the property since being handed ownership in 1983. Sewage, saturation, or any other issue identified was ignored by the City. In order to work through this in a sustainable way, we need to address it in a bigger way. Cable steps aren’t sustainable. Keeping things simple is 30 years too late. There’s a major problem there and we don’t want to destabilize the bluff. We have been working hard to find ways to make this trail usable and sustainable in the long-term without harming the bluff. We’ve always looked for a quick fix and transferring to a Tribe. We can’t keep kicking the can down the road. If we want to use the trail, we need to do it in a more thoughtful way so a bigger problem isn’t left for the future to inherit. GHD engineers are well equipped to design this properly. People have been living in the Study Area in tents, defecating, with dogs. How can we make it safe again without doing further harm. We chose this design to keep people on the trail.
Councilmember Jack West arrived at 6:45pm.
Mayor Kelly thanked the TMT for presenting, offering City support.
Lindgren added that her grandfather wanted this trail to be available to the community and invited and thanked everyone for their continued participation.
Presentation item only. No decision was made.
2. Discussion/Decision regarding Appeal of Planning Commission’s Denial to Extend the Temporary Closure of the Van Wycke Trail, CDP#2024-01E.
City Manager Naffah referenced the three-page report written by City Planner Trever Parker included in the meeting packet, along with his letter making the appeal himself. He defended his right to make the appeal based on recommendation and advice from the City Attorney, referencing Municipal Code appeal language. This appeal will hopefully allow additional three months to wrap this up – hopefully sooner – with G2G meetings with the Yurok and Tsurai. We also received input from CIRA with actions that can be taken to open the trail, that we’d like to share during G2G meetings proposed.
City Planner Trever Parker echoed the hope shared by City Manager Naffah that a conclusion can be reached within the next few months. Given the complexities surrounding the issue, the Council should think carefully through this. The Planning Commission had concerns that would be better addressed by the Council. No one wants to get back into the CDP closure cycle, hence the additional 3 months requested.
Council questions included:
Ladwig: Encourage planning G2G as soon as possible. I will move mountains to attend these G2G’s to conclude this process. West agreed.
Kelly: G2G’s are important. Back in 2019 the City had a $750k opportunity to repair the trail, and spent quite a bit on possible design concepts. The City Council overturned the Planning Commission’s vote to proceed with that project. Many people, including the tribal entities, objected to the repair due to an over-engineered approach. I’m frustrated when people state “nothing has been done”. There has been work done. TAS and Yurok have confirmed their belief that the trail should remain closed. I feel the trail use should be open with restricted, unstable ground caution (locals only).
Ladwig added that the prior major-repair concept included multi-modal access due to the Caltrans funding requirements, making it a significant repair. The City decided to reject the grant and pursue other options. 10-08-2024 City Council Meeting Minutes Page 4
Public comment included:
Bryce Kenny – Trinidad
My recollection was the prior design was rejected due to Tribal objection to pile driving necessary to create footings for the bridge concept. Putting up signs warning of use at risk is a major move forward. Is that trail an important cultural resource to the City – as is the ALMT to the Tsurai? If so, and I believe it is, we should keep it going. A closure lasting 5-years can’t be considered temporary. We’ve consulted enough. It’s time for the tribes to allow us to do minor handwork on the trail and let the public get back to using it. The appeal should be denied, for these reasons and those outlined in the written public comments submitted. It’s a threat to democracy when government takes power unentitled to them by their governing documents. Please not abuse your authority.
Dick Bruce – Trinidad
Submitted written comments. My understanding is that Van Wycke was a long-standing public right-of-way.
Since when does a tribal entity tell a City what to do with their right-of-ways? What will another meeting accomplish? The Yurok and TAS don’t want the trail open. The public does. The City has dug that area up so many times. I’ve talked with cultural monitors during those projects. Old photos show Van Wycke being a primary road leading up the bluff. The trail is in that exact alignment. If Edwards Street had an issue, would they ignore it for 5-years because a Tribe said there are undisclosed cultural resources there? Written public comment denying the proposed continued appeal were also received from the following individuals:
Tom Davies & Kathleen Lake
Kim Tays
Tristan Cole
City Manager Naffah explained staff is asking for an additional 3 months of closure, representing a last-ditch effort to reach out to the TAS and Yurok Tribe offering input on 2 options – improving the trail or moving it upslope. If neither prevail, we’ll opt to remove the failed improvements and open it up to the public, with caution.
Ideally we return after these discussions and offer the Council input gathered and ask for final direction.
Returning the path to its original, unimproved state would afford the City trail immunity.
Planner Trever Parker added that the G2G is a last-ditch effort to uncover why the Tribe wants the trail closed so the Council can make an informed decision moving forward.
Council comments included:
Kelly: I want to be inclusive. If we don’t overturn the Planning Commission’s decision, and the G2G meetings happen within the next two weeks, we could have the info needed by the October 22 deadline. Naffah stated it would be difficult to coordinate a meeting in 2 weeks.
West: What if we agree to keep the trail is closed but continue to let people use it? Naffah stated the insurance company (CIRA) ultimately made the decision to close it and he would not recommend going against their direction.
Parker noted that by directing Public Works to remove the improvements and opening the trail without tribal consultation, distrust may impact the relationship.
Motion (Ladwig/West) to uphold the City Manager’s appeal and extend the trail closure to December 10, allowing time for the G2G discussions to occur. Passed unanimously.
Kelly noted her appreciation of G2G communication, but there have been many and still no conclusion. We need to make a decision, once and for all. Serious cultural concerns may be persuasive, and we’ll wait to hear back.
3. Discussion/Decision Proclaiming September as Septic Smart Month.
Project Manager Jennifer Hakenen presented the annual update on the OWTS management program and highlighted permit compliance statistics. As of October 01 the City has achieved 80% compliance with only 14% of the residences that have not submitted an application. 10-08-2024 City Council Meeting Minutes Page 5
City Planner Trever Parker touched on some of the points noted in her staff report, included in the meeting packet, identifying some frequent complications uncovered by this program. A trend of new homeowners acquiring properties with the understanding, or expecting, more bedrooms or accessory unit conversions than the septic systems were originally designed for.
Hakenen also touched on compliance procedures and consequences for non-participation.
Presentation only. No decision was made.
4. November General Election Update
City Clerk Adams explained that a mailer was developed and sent to all residents, prepared by the Council in lieu of the Argument In Favor that did not make the Voter Information Guide deadline. There are no deadlines in October and the next report will be on election results in November.
FUTURE AGENDA ITEMS
- Government-to-Government Meeting Policy with City Attorney Russ Gans present to advise on procedures. - Ongoing Trails Update.
- General Plan Update.
ADJOURNMENT: 8:10pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor