WATER DISTRICT, RANCHERIA TO STUDY SERVICE FOR HOTEL
The Trinidad Rancheria is one step closer to getting the water supply it needs to move forward on the proposed multistory Hyatt hotel at the Cher-Ae Heights Casino.
The Humboldt Bay Municipal Water District approved a memorandum of understanding with the Cher-Ae Heights Indian Community of the Trinidad Rancheria during its board meeting on Thursday initiating a feasibility study on extending water service from McKinleyville up to the Rancheria. The tribe made the request for water service from the district in
Nov. 2020 after the California Coastal Commission deemed the tribe’s water supply inadequate for the proposed hotel.
The water district began conversations with the McKinleyville and Westhaven Community Services Districts along with the City of Trinidad regarding participation in the feasibility analysis of the water extension to the Rancheria in Dec. 2020. If an extension were to occur, the water district would likely connect to McKinleyville’s northern distribution grid.
In a Dec. 4 letter to the McKinleyville CSD, water district General Manager John Friedenbach wrote, “Our District is in the initial stages of its investigation and analysis of
this possibility. In that regard, we would like to inquire if the MCSD would be willing to investigate the feasibility of the possibility of connecting to your distribution grid’s northern area for a possible waterline extension.”
Friedenbach noted that the feasibility analysis “does not obligate or otherwise determine whether a waterline extension will be constructed” and requested McKinleyville respond by Feb. 4, 2021. McKinleyville CSD board discussed the item during its Jan. 6 meeting and decided to take part in the feasibility study. However, the agreement between the Rancheria and the water district would not include McKinleyville CSD.
In a Dec. 1 letter from the Westhaven Community Services District, General Manager Paul Rosenblatt said Westhaven was not interested in connecting to the proposed waterline sought by the Rancheria but wished to be informed as the project moves forward.
“(Our District) has no desire to augment or replace its water supply via a connection to the mainline extension requested by the Trinidad Rancheria. WCSD takes no position on whether or not it is appropriate for the (water district) to develop an out of service area mainline extension to provide water to the (Trinidad Rancheria),” Rosenblatt said.
The Humboldt Bay Municipal Water District sent an offer to join the feasibility study to the city of Trinidad as well. The City Council will discuss the item during the council’s Jan. 26 meeting.
As discussed during the water district’s meeting on Thursday, the Trinidad Rancheria additionally requested a change in the language of the draft agreement to enable them to apply for grant funding related to the project as the Rancheria, such as FEMA’s pre-disaster mitigation grant program.
“Our district council has reviewed those changes and proposed some counter edits,” said Friedenbach. “The
Rancheria looked at our district counsel’s edits and they concur.”
There were not any members of the public who wished to speak on the item and the board unanimously passed the agreement with the Trinidad Rancheria.
After the vote, the board discussed a potential conflict with McKinleyville CSD if it were to participate in the feasibility study as both districts receive legal representation from the Mitchell Law Firm, LLP.
“We have different attorneys within that law firm that are direct legal counsel,” Friedenbach said. “We have Ryan Plotz and (McKinleyville CSD) has Russ Gans, but both work in the same law firm. So technically, that’s a conflict of interest if we use that firm in joint ventures such as
drafting a (Memorandum of Understanding).”
“The reason why that conflict is important is because we anticipate a second (agreement) to take place between the water district and the McKinleyville Community Services District as a document to clarify the process of the feasibility study,” Friedenbach said when reached by phone on Friday afternoon.
The board decided to confer with Plotz and get a letter of approval from the Mitchell Law Firm before moving forward. The board agreed to discuss the matter further during its next meeting on Feb. 11, 2021.
More information on the Humboldt Bay Municipal Water District can be found at https://www.hbmwd. com/board-of-directorsmeetings.