City Council Meeting Agenda: 09-09-2025 cc Page 1
Posted: Friday, September 05, 2025
NOTICE AND CALL OF A REGULAR MEETING OF THE
TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a regular meeting on TUESDAY, SEPTEMBER 09, 2025, at 6:00 PM
at the Trinidad Town Hall, 409 Trinity Street, Trinidad, CA.
CLOSED SESSION BEGINS AT 5:00PM
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: 896 3095 3238 Passcode: 262080 PLEASE NOTE that live meeting logistics will be prioritized. Connectivity issues on the part of the City may result in the meeting being delayed or rescheduled but technical challenges experienced by individuals 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. DR180684
2. Conference with Legal Counsel – Existing Litigation (Government Code § 54956.9) Coastal Development Permit (“CDP”) Appeal, CDP No. 2025-04 (Axel Lindgren Memorial Trail Re-Opening CDP IV. RECONVENE TO OPEN SESSION
V. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES – 06/10/2025 cc, 07/08/2025 cc, 08/06/2025 scc VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS.
VIII. PUBLIC SAFETY REPORT (Sheriff and Pacific Coast Security) 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.
City Council Meeting Agenda: 09-09-2025 cc Page 2
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.
1. Financial Statements – August 2025
2. Law Enforcement Report – August 2025.
3. Boardwalk Improvement Agreement Between the City of Trinidad and Cher-Ae Heights Indian Community of the Trinidad Rancheria.
4. Resolution 2025-07; Updating the Building Permit Fee Schedule.
5. City Response to a letter of inquiry from the California Department of Housing and Community Development regarding implementation of the City’s Housing Element.
6. Authorize staff to submit a project application to the Humboldt County Association of Governments (HCAOG) for 2026 State Transportation Improvement Program (STIP) funding to rehabilitate the pavement on Edwards Street.
DISCUSSION/ACTION AGENDA ITEMS
1. Accept Resignation of Councilmember Carrie Varela and Authorize Staff to Begin Recruitment to Fill the Vacancy.
2. Discussion/Decision regarding Resolution 2025-08; Authorizing the City Manager to Sign a Memorandum of Agreement Between with the County of Humboldt, Division of Environmental Health, to Continue Serving as the City Health Officer.
3. Discussion/Decision regarding First Reading of Ordinance 2025-03; Amending Chapter 8.04 and
13.12 of the Trinidad Municipal Code Defining Authority, Responsibilities, and Duties of the County Health Officer While Acting as the City of Trinidad Health Officer.
4. Discussion/Decision regarding Edwards Street Crosswalk Safety Improvements.
5. Staff Activity Report – August 2025
X. FUTURE AGENDA ITEMS
XI. ADJOURNMENT
APPROVAL OF MINUTES FOR:
JUNE 10, 2025 CC
JULY 08, 2025 CC
AUGUST 06, 2025 SCC
Supporting Documentation follows with: 17 PAGES
June 10 and July 08 minutes were added to the packet before the meeting, but the Council may choose to delay approval until they have adequate time to be reviewed.
The August 06 minutes are incomplete and will be presented at the next regular meeting.
City of Trinidad Meeting Minutes: 06-10-2025 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, JUNE 10, 2025 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Kenny, Tuttle, Breckenridge, Varela. City Staff in attendance: City Manager Joe Tagliaboschi, City Clerk Gabriel Adams, Assistant Clerk Anton Souza, and Grant Administrator Angela Cather. 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
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. Conference with Legal Counsel – Anticipated Litigation (Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)) – One case/matter.
IV. RECONVENE TO OPEN SESSION – No reportable action taken in closed session.
V. APPROVAL OF THE AGENDA
Motion (Breckenridge/Kenny) to approve the agenda as submitted. Passed unanimously.
VI. APPROVAL OF MINUTES – 05-13-2025 cc, 05-20-2025 scc Minutes were submitted late. Council postponed approval to the July meeting.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Tuttle: HTA free rides through August 31 to try out the service. New hydrogen fuel bus unveiled last month, with a hydrogen fueling station being constructed in Eureka. RCEA excited for 300mw solar facility up and running last quarter, fulfilling their need for clean, renewable energy.
Varela: Nothing to report.
Kenny: Nothing to report.
Kelly: Attended LAFCO meeting on May 21 – Kneeland Fire District annexation approved, along with a SoHum community park requesting water. HBMWD extension to the Rancheria was discussed briefly. Staff commented that they will be extra vigilant following process to give sufficient time for the public to comment. HWMA met twice in May to discuss upcoming fiscal year budget.
VIII.STAFF REPORTS – Public Safety ( Law Enforcement & Security) HCSO Lt. McCall was unable to attend, but the monthly report is included in the meeting packet.
IX. ITEMS FROM THE FLOOR – No items or comments presented. (Three (3) minute limit per Speaker unless Council approves request for extended time.) X. CONSENT AGENDA
1. Financial Statements – April 2025
2. Law Enforcement Report – May 2025.
Motion (Kenny/Tuttle) to approve consent agenda as submitted. Passed unanimously.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision regarding Resolution 2025-04; Adopting the FY2025-2026 Budget.
City Manager Tagliaboschi explained that in May 13 Staff conducted the FY25/26 Budget Workshop. This included a presentation and discussion of changes as compared to the previous FY24/25 budget with notable changes discussed in more depth. The proposed operating budget is balanced at $957,710 in expenses with $967,723 in revenues. There was also discussion of the proposed staffing plan and the financial statements for FYE June 30, 2024, and through March 30, 2025. The statements were reconciled by Cunningham, Malone and Morton Bookkeeping Service, and our Auditor Brett Jones at JJCPA who conducts Audits for the City City of Trinidad Meeting Minutes: 06-10-2025 2
The Council also agreed on a list of goals and objectives at the January 7, 2025, Council meeting as a roadmap for the future. Staff has taken care to review these goals and incorporate them into the FY 25/26 budget.
These items included:
• Invest in maintenance and upkeep of Town Hall, and recreation assets such as trails and parks. • Prioritize strategies to stabilize water funds, and retain staff. Including in house T3/CPO. • Prioritize developing a classification and compensation plan, and updating the Employee Policy and Procedure Manual, which aligns staff responsibilities and wages with the needs of the City, encourage retention, and rewards and incentivize staff who improve their skillsets and knowledge that align with city needs.
Along with maintaining and enhancing the current service levels provided to the city, the current draft of the FY25/26 Budget aims to provide a continued focus on transitional stability for the Water Department. It is important to recognize that while adopting rates and transferring $300,000 from the General Fund to the Water Enterprise Fund was important and needed, it will take time for the fund to recover.
While the recent change to a new interim CPO certainly helps better manage costs, staff are still working to have an in-house CPO to perform that work. Along with trained and credential staff that can operate the plant in all conditions, with appropriate backups in case of absences or open positions.
The proposed budget includes an accurate assessment of what is to come this year, projecting conservative revenues and status quo spending. For perspective, it is important to understand that the General Fund Reserve has been building over the last 5-years due to a combination of robust economic activity affecting the 95570 area (through tourism, increasing property values, and a resilient tax base). The past FY24/25 continues with that trend.
Revenue priorities for FY2025/26 include:
• Continued support and analysis of Sales Tax revenue.
• Update Fee Schedule.
• Update Cemetery Plot rates.
• Monitor reserves and cash-flow needs in a manner that maximizes interest earning potential.
Reserves: 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 stabilize the budget in an emergency. Here’s how the city could use the reserves this year. • Town Hall Improvements- windows, front porch flooring, and exterior painting (+- $175,000) • Maintain public buildings and important city assets such as trails and recreation infrastructure. • Adjust salaries as needed to account for the results of the compensation study. • Cover increasing costs due to State of Federal mandates and regulations. • Utilize for cash-flow needs during peak grant project outflow demand periods.
Expenses and priorities for the General Administrative Fund include:
• Staff wages & benefits for 2.67 (2.97) FTE employees with a 3% COLA determined by the City Manager. • City Attorney, Planner, Building Inspector, Accountant, Auditor, and Tech Support. • Utility costs for public buildings; Town Hall, Annex, and Library. • Office Supplies, Equipment, and Technology improvements to enhance audio quality of meetings. • Website, Municipal Code, and Recordkeeping Expenses.
• Community Group support from T.O.T. Allocation.
Public Safety (301 & COPS):
Due to an adjustment made by the Humboldt County Sheriff’s Office (HCSO), the contract cost for FY2025/26 has been reduced to $60,148 ($67,500), which is a significant decrease from the prior years. Animal Control Services has a slight increase to $7,204 ($6,266).
Pacific Security has increased to $67,392 ($56,160) this is due to a request to cover the hours that they are working. They were contracted for 20 hours a week, but changes in the company make it difficult to provide staff for that schedule. The council has agreed to the 24-hour per week staffing plan for FY25/26 at the May 13 budget meeting.
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The COPS grant funding will cover FY25/26 Police, Animal Control, and Private Security expenses $134,744 ($129,926) for the City of Trinidad in FY2025. A 5% increase over FY24/25 Fire (401):
Thanks to the goodwill and dedication of life-long community resident Shawn Worth, and our Assistant Chief Dick Kieselhorst the department remains staffed and committed to providing Trinidad with emergency volunteer fire and first responder coverage. There is still a need for volunteers with an open invitation for applicants! The CERT program maintains the same budget this year with $3,500 proposed for program training and expenses, tracked through the Fire Department budget.
It is important to note that the City’s investments in public safety benefit the community. The CERT program, for example, has initiated enhancements to assist our first responders in the event of an emergency and help provide emergency personnel communications during an emergency via HAM Radio and other comms systems. The City Council is committed to doing everything it can to enrich emergency preparedness programs that benefit the entire community.
Public Works (501):
The Public Works Fund has been the recipient of significant offsets in employee labor costs over the past two years. Otherwise known as “grant payroll allocations” these offsets are a result of grants that have eligible amounts programmed in to cover staff time involved in executing the projects. In FY2025/26 there is an estimated $7,430 to supplement Public Works staff time, down from an estimated $28,000 in FY24/25. With a growing list of non-grants funded Public Works projects slated for FY2025/26, the result is a higher wage burden on the General Fund.
Expenses and priorities for the Public Works fund include. • Staff wages & benefits for 2.48 (2.86) FTE employees with a 3% COLA determined by the City Manager. • Annual Stormwater Discharge Permit to the State Water Resources Control Board. • City Engineer expertise in public works projects, technical advisory committees, regional transportation, and funding allocations by State and Local agencies.
• Right-of-Way and ongoing trail maintenance.
• Vehicle fuel and maintenance.
• Public building and facility maintenance.
WATER FUND
At the end of June 30, 2024, the water system depleted its reserve and relied on a $300,000 gift from the General Fund to operate as a part of the new rates that were adopted in October 2024 to help stabilize the water enterprise fund. At least $1.1 million in capital improvement reserves has been used to cover operating expenses over the last four years.
This depletion was due to three (3) factors, not adopting new rates in a timely manner, losing an in-house CPO requiring a consultant to function as our CPO for the Water Treatment Plant. A more affordable interim CPO, and growing in-house talent to run the plant along with the newly adopted rates should help the water fund slowly build reserves to cover future plant capital costs.
The cost of operating a small water system, maintaining its efficiency, in a very desirable area to live, while functioning to provide a vital resource to a community that has emphasized a desire to live “within its means” (and local watershed), will prove to be a challenge for the rate payers. The water system relies on rates that were adopted and adjusted to reflect the current cost of running and maintaining the water treatment and distribution system.
Water Fund expenses and priorities for FY25/26 include:
• Budget adjustments, and modified staffing plan developed to better align with the adopted 5-year rate plan. • Staff wages & benefits for 2.75 (3.01) FTE total employees with a 3% COLA determined by the City Manager. • Focus on projects and grants is vital to delivering quality drinking water to customers. Recognizing that the water fund is far from out of the woods this early in the 5-year rate plan. • Continue to develop, incentivize, and train an in-house T3 Chief Water Plant Operator and T2 operator. • Consider delaying the $100,000 General Fund loan (part of the adopted 5-year rate plan) until the full impact of the new rate is allowed to develop and results are analyzed.
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FY2025/26 Staffing priorities include:
• Continue to develop and implement a strategy to develop and train an in-house T3 Chief Water Plant Operator.
• Conduct annual evaluations and maintain accurate personnel files and training requirements. • Implement the Classification and Compensation Study that is currently in process. This will include adoption of classifications and wage adjustments upon completion of the report.
FY25/26 BUDGET GOALS & SUMMARY
1. Utilize reserves established from prior fiscal years, if needed, to support staff retention.
2. Evaluate and update Master fee schedule to allow for better costs recovery.
3. Maintain current law enforcement coverage.
4. Continue to build city staff Water Plant Operations and water distribution system operations programs and processes.
5. Maintain and invest in public buildings, parks, and property.
6. Support community groups that enrich the community for locals and visitors.
7. Continue promoting and participating in an inclusive dialog with Tribal Governments.
8. Continue grant programs that will help the city approve the General Plan and Local Coastal Plan and ordinances update.
The proposed FY25/26 Budget recognizes a balanced operating fund budget but also identifies projects such as Town Hall improvements and Classification and Compensation Study that will require spending from the reserve fund. When staff has developed the project scope and costs there will be an agenda item for that discussion and Council approval.
Public comment included:
Anita Thompson – Trinidad
(Submitted the following written public comments prior to the meeting). Trinidad water customer. I realize that the rate increase was long overdue, but hope the rates will not continue to increase after this year since the contractor costs have decreased. At the February 08, 2022 meeting, the contract was approved with Coleman Engineering.
The public was shocked at the cost of the contract. The City Council promised customers their rates would not reflect this cost, and the contract would be short-term. Former City Manager promised the cost would decrease to $5k/month, which never happened. The City burned a 1 million dollar reserve as a result. The City also paid PWA to find alternative water storage sources, unsuccessfully. The Water Advisory Committee tried their best to find an alternative solution to Coleman Engineering running the plant. Thanks to the new City Manager finding a lower cost T3 contractor. The City now has new T2 licensed operators, and T3 in training.
City Manager Tagliaboschi briefly explained the new staffing plan to take plant operations out of the T3 contractor hands, and bring control back to in-house operation.
Council comments included:
Kelly, Breckenridge, and Kenny thanked staff for a thorough presentation and FY budget.
Motion (Kenny/Kelly) to approve Resolution 2025-04; Adopting the FY2025-2025 Budget. Passed unanimously.
2. Discussion/Decision to Appoint Two Councilmembers to Represent the City in Government-to-Government (G2G) Meetings.
City Manager Tagliaboschi explained that in the recent past Council has appointed two (2) members to sit on a standing committee for Tribal Governmental relations or Government to Government. However, in FY24/25 the council chose not to appoint any members to this committee with a preference to use it as an Ad Hoc when needed. The challenge for this method is that often the party requests the G2G meeting as a very short time frame and if the City Council is not conveniently meeting at that time the date is not available for a meeting.
Staff recommend the Council appoint two (2) members to a standing Government to Government or (Tribal Liaison) Committee. These meetings are most often with the leaders of the organizations (Tribal Council, Board Chairs, Mayors etc.). Staff also recommend that the City Manager, City Planner, and /or City Clerk act in the capacity needed for these meetings.
Council questions included:
City of Trinidad Meeting Minutes: 06-10-2025 5
Kenny: The questions is whether we should we make it Ad-hoc or a standing committee. Stick with the Ad-hoc, which give the Tribe more confidentiality. They can be informal, with Councilmembers attending can report to the Council. We can also request the discussion topics they intend to address in advance.
Kelly: We were hoping to avoid having to appoint new members for each G2G and be able to expedite communications when a meeting is requested. A standing committee appointment would provide this efficiency.
We want to honor the spirit of G2G consultation process. The Trinidad Rancheria has proposed a June 30 meeting date. Yurok Tribe meeting date and time is TBD.
Tuttle: I support the Ad-hoc format.
There was no public comment.
Motion (Kelly/Varela) to appoint Kelly and Breckenridge with Varela as alternate, to form an Ad-hoc committee to meet with the Rancheria and Yurok Tribe at meeting dates and times to be determined. Passed unanimously.
3. Discussion/Decision to Appoint and Replace Councilmember Breckenridge on the Animal Advisory Committee.
City Manager Tagliaboschi explained that the Animal Advisory Committee ( AAC) is a standing committee formed by the City Council on April 6,2024. The Committee consists of Five (5) members, (1) Trinidad resident , (1) Trinidad Rancheria, (1) Great Trinidad Area, and (2) Council. One the two Councilmembers must serve as the Chair.
The AAC has conducted at least six (6) meetings in that time with meetings in June, July, September and November 2024, and two meetings in March and April 2025. The Committee has discussed a variety of issues.
In April, Chair Breckenridge asked to resign. That leaves one opening and Council. Council Member Tuttle has indicated he would prefer not to serve as chair at this time. Council also should appoint a chairperson to fill that role as well.
There was no public comment.
Mayor Kelly volunteered to replace Breckenridge.
Motion (Breckenridge/Tuttle) to appoint Kelly to replace Breckenridge on the Animal Advisory Committee.
Passed unanimously.
4. Discussion/Decision to Sunset the Trails Advisory Committee.
City Manager Tagliaboschi explained that the Trails Committee was established as a sub-committee of the Trinidad City Council on March 22, 2017. As per the resolution, The primary function is to advise the City Council, staff and Planning Commission on matters relating to policies affecting trails in the City of Trinidad.
The purpose and objectives of the Trails Advisory Committee are as follows:
Purpose:
1) Advise on matters relating to policies affecting trials in the City of Trinidad, 2) Serve in an advisory capacity to the Council, Commissions, and City Staff, 3) Make recommendations during the environmental review process on projects that may involve or affect trails in the City of Trinidad,
4) Provide a forum for community engagement, outreach, and education regarding trails, and 5) Make recommendations to the City Manager and City Council on the maintenance and repair of trails in the City of Trinidad.
Objectives:
1) Provide a public forum to solicit input from the community on issues or successes related to the maintenance and management of City trails,
2) Assist City Staff in evaluating the need for maintenance on the trails throughout the calendar year, 3) Make balanced and informed recommendations to the City Council on ways to improve the trails, and 4) Report to the Council annually on the Committee meetings, activity, and recommendations.
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The Trails Advisory Committee met regularly in the initial years. However, as time has passed the work of the Committee has become more contentious and more difficult to attain positive results. This is mostly because the early work was less controversial, and the committee was mostly in agreement with what needed to be accomplished. The work now requires more Planning Committee and City Council work and input. Task such as approving a CDP for trails work or discussion of how to proceed on ALMT is a task more suited to the City Council.
Given the evolution of the work and decisions that need to be made for trails in the City of Trinidad this work is best accomplished by the City Council and with direction to the and from the Planning Committee.
Council comment included:
Kenny: Support sunsetting the committee as proposed.
Kelly: The Trails Committee lacked authority that the Planning Commission and City Council have for dealing with many of the current issues facing the City. In favor of sunsetting the Committee as well.
Public comment included:
Anita Thompson – Trinidad
Early on, the Trails Committee developed creative ideas for removing old signage and improving signage and benches. I agree the Committee be dissolved, but the work and plans discussed be implemented at some point, revisiting the ideas in the future.
Motion (Kenny/Breckenridge) to sunset the Trails Advisory Committee. Passed unanimously.
5. Discussion/Decision regarding Improvements to Racquet Court through the Per Capita Grant.
City Grant Administrator Angela Cather explained that on February 11th, staff presented Council with next step options for the long-desired upgrades to the tennis court located next to Town Hall. Currently, the City was allocated a maximum of $177,952 in grant funding from the California State Department of Parks and Recreation’s Per Capita Program. The funding is specifically for parks and recreation acquisition and development projects.
As discussed at the February Council meeting, funding cannot be used for repairs or maintenance. but can be used for projects that increase the use of the space by creating new recreational activities. The addition of pickleball will fulfill this requirement. Resurfacing the court and replacement of the net, without including the additional striping for pickleball, would not qualify as those types of improvements are classified as repair and maintenance.
Current Status: As there were mixed opinions on the addition of pickleball, Council voted to continue the discussion at a future meeting after taking steps to perform a trial period (test) after lines are taped down and the public was able to weigh in on their experience/impacts.
Since Council’s decision, a pickleball demonstration was conducted in April, and it was found (using a decibel (dBA) measuring device (dBA)) that the school yard is louder than the pickleball players/paddles. The sound measured around 70 dBA, which is just above normal conversation levels of around 65-68 dBAs.
With the addition of pickleball, the usage of the court will likely increase, however, the hours of operation of the court would not increase. Lighting to the court is not being added. It’s also important to note that pickleball is an inclusive sport, so its addition to the court would increase its usage to different demographics.
The project is ready to go out to bid this summer, so staff is seeking approval from the City Council to begin the bid process.
Council questions included:
Tuttle: If noise was the issue, could we try another idea such as badminton or movie night to qualify and make use of the grant funds?
Breckenridge: I thought basketball would be a good alternative since the sound of pickleball seems to be the issue.
Kenny: It seems like badminton would qualify, but not volleyball.
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Kelly: Due to concerns from the residents, I’m not inclined to support pickleball as the use that qualifies the project for Per Capita funding.
Varela: Agree with Kelly, and recommend considering improvements at Saunders Park that may include pickleball as well as other activites to support young residents.
Public comment Included:
Andrew Davis - Trinidad
Handball may be another option for the racquet court.
Motion (Kelly/Breckenridge) to not move forward with pickleball, but will explore other eligible projects that are more desirable to the immediate neighbors. Passed 4-1 (Kenny – No)
6. Discussion/Decision to Adopt Resolution 2025-05; Amending Rates for the Purchase of Burial Plots in the Trinidad Cemetery.
City Clerk Gabriel Adams explained that the task of updating the cemetery burial plot rates has been on the City’s to-do list for many years and is long overdue. The current rates date back to Resolution 2000-06, adopted on July 12, 2000. One of the primary justifications made at that time, as noted in the June 19, 2000 meeting minutes, was “…that people from outside Trinidad were buying cemetery plots because Trinidad rates are significantly cheaper than other parts of Humboldt County.” The same trend is a familiar issue today, with economics being a driving factor in a sudden and significant increase in the number of Trinidad Cemetery plots sold over the past five years.
Plot sale requests are coming not only from other parts the County, but also many other Northern California regions. There has been a notable increase of people requesting burial in the cemetery because they have “enjoyed visiting Trinidad in the past”. This trend puts this small cemetery with limited space in jeopardy of not having adequate land available for locals that have spent all or a significant portion of their lives in this community, have existing family graves in the cemetery, or deep ancestral connections to this area.
Raising rates will not prevent non-locals from desiring a plot in the cemetery, but it will discourage plot sales based on “being the cheapest price around”. Aligning rates with other cemeteries in the county is a baseline for determining a new, justifiable rate. Other factors included in the rate update are aimed at helping the City achieve additional goals, such as;
• Covering expenses related to operating and upkeep of the cemetery grounds. • Establishing adequate savings for future upkeep if/when plot sale revenue is reduced due to inventory limitations.
• Providing for long-term strategic decisions for possible future expansion of the cemetery grounds if/when opportunities arise.
The Cemetery Fund (7.01) was established as an “enterprise” or “special revenue” fund, with the expectation that the fund balance would continue to earn enough revenue through plot sales and interest income to support ongoing maintenance and upkeep in perpetuity. On July 01, 2024 the fund balance was $147,308. As of April 01, 2025 the fund balance decreased to $139,669 (a loss of $7,638). The loss was primarily a result of not increasing the rates this fiscal year as anticipated when the budget was approved on July 01.
General Operating expenses captured in the Cemetery budget each year include the minimum labor dedicated to mowing, routine landscaping, and professional service required to maintain trees on the property. What the budget fails to capture is long-term preservation and strategic decisions or investments that will ensure a healthy fund reserve to maintain the property when plot availability (sales) is reduced.
RESIDENT VS. NON-RESIDENT PRICING
In May of 2024, staff requested guidance from the City Attorney regarding whether the City had the authority to charge non-residents more for burial plots. The response provided was as follows:
There is not a rule that directly allows a city to charge nonresidents more for burial plots, however, the health and safety code permits cemetery districts to charge more to nonresidents. Health and Safety Code Section 9068 states:
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a) The board of trustees shall adopt a schedule of fees for interments in cemeteries owned by the district and for other necessary and convenient services.
b) The board of trustees shall adopt a schedule of nonresident fees. The board of trustees shall set these fees at an amount that at least equals the amount of fees charged to residents or taxpayers and shall include a nonresident fee of at least 15 percent of that amount.
The memo further explains the following justification, necessity, considerations, and examples for non-resident rate scenarios:
The Trinidad cemetery is operated by the City of Trinidad and not a cemetery district, however Section 9068 does demonstrate there is a recognizable difference between resident and nonresidents in terms of burial plot sales.
Cities are vested with the power to manage and control city owned cemeteries. This would include setting fees for burial plots. Nonresidents should be required to pay an additional fee because the City needs to ensure availability for residents. Nonresidents are not paying City taxes that contribute to the efficient management and maintenance of the cemetery.
Determining how to differentiate between residents and nonresidents will be challenging. Residents could include anyone currently living in Trinidad, those with proof of past residence in Trinidad, spouses or children of a resident, or several other distinctions. The City Council will have to further discuss this issue and may need to encourage public comment on the matter. A fee schedule including resident and nonresident fees shall be approved by the City Council through resolution as required by the Trinidad Municipal Code Section 12.08.050.
RATE INCREASE PROPOSAL, OPTIONS, & CONSIDERATIONS
A modest 3% annual CPI cost increase from year 2000 when the rates were last updated would result in a minimum 75% increase from the current rate. That logic alone would increase the current rate from $1,335 to $2,336.
Factor in limited space, Trinidad real estate premiums in general, and some of the long-range planning, decisions, and subsequent investments that will be required to expand the cemetery, if feasible, and it is reasonable to justify a non-resident rate in or near the Greenwood and Oceanview range: $3,600 (175% increase) Should the Council adopt the Resident vs. Non-Resident structure, the discussion would lean on the Government Health & Safety Code referenced in the City Attorney guidance, requiring a minimum 15% differential, thereby reducing the $3,600 price to $3,060 for residents.
Option 1
• Single Grave: $3,600
• Cremation: $1,780
Option 2 (15% differential between resident & non-resident) • Resident Grave: $3,060
• Resident Cremation: $1,515
• Non-Resident Grave: $3,600
• Non-Resident Cremation: $1,780
Option 3
Consider a more dramatic differential between resident/non-resident that will add premium value to local status, local ties, family connection, etc. Calculations to be made following further direction from Council.
Council questions included:
Tuttle: Do we know how many plots are available? Can we offer a discount for green burials? Adams estimated a few hundred, but selling 20 plots a year will exhaust the remaining inventory quickly. 15-20% of sales come from 95570.
Public comment included:
Andrew Davis – Trinidad
Creating an updated inventory would be very helpful. Keep local rate lower than $3k.
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Council comments included:
Kelly: Raising the rates make sense. Generally, plots average $1,000-4,000, but Trinidad Cemetery is idyllic.
Criteria is important, but Council can set broad policy with staff having discretion to make final determinations.
Breckenridge: I’m in favor of creating a bigger difference between local and non-local rates. Kelly agreed.
Tuttle: $3,000 local. $6,000 non-local. Breckenridge recommended $8,000. City Clerk Adams noted that the rates will be established by resolution, and can be revised again by resolution if we find the rate is set too high.
Varela: I support keeping the rates aligned with what is reasonably charged in the area, with a differential for local and out-of-towner.
Kelly: Recommending cremation rates be $4,500 for non-local, $1,500 for local. Recommending full-size burial plot be $7,500 for non-local, and $2,500 for local. Also in favor of allowing the City Clerk to use discretion to apply reasonable discounts in hardship situations.
Motion (Kelly/Kenny) to revise Resolution 2025-05 to incorporate the following rates; Cremation $4,500 for nonlocal, $1,500 for local. Full size burial plot be $7,500 for non-local, and $2,500 for local. Passed unanimously.
7. Discussion/Decision regarding First Reading of Ordinance 2025-02; Amending section 15.04.260 of the Trinidad Municipal Code and any other Ordinances, Resolutions, or parts of ordinances or resolutions that are in conflict with the Schedule of Fees for Building Inspection Services.
City Manager Tagliaboschi explained that in general, it is good practice to update Master Fee Schedules on an annual basis to keep cost recovery current and help better manage budgets for the Planning and Building Department along with other fees in the schedule. This is practice in most municipalities and is usually done along with the annual budget. In Trinidad this process requires an update, and an amendment to our Municipal Code to update the fees.
The last attempt at updating the Building Fees Ordinance occurred on October 10, 2012. The schedule that was approved then was based on the County of Humboldt’s format. The format established a comprehensive set of fees that allowed the fees to be more consistent and fairer. Larger projects such as new homes or high valuation projects would enjoy a stabilized fee rate for building projects including mechanical, plumbing and electrical work that would be based on similar formats and costs from other agencies. As a part of this adopted ordinance automatic fee increases would no longer automatically apply, and modifications or changes would require specific action by the Council.
The fee increase proposal is modest at around 35% considering it has been over 20 years since the last attempt to update the fee schedule. The proposed fees also provide for cost recovery fees to be collected when a project must be referred for evaluation and input from other agencies or departments, such as Planning, or Public Works fees.
Section 1. Section 15.04.260 of the Trinidad Municipal Code is amended to read as follows:
15.04.260 Building Permit Fees. Fees for permits and inspections shall be required of any person when authorized by the appropriate adopted code. Any person required to obtain a permit or a combination of any such permits shall, at the time of filing an application, pay to the City building inspector the fee set forth by the City Council. The current building permit fee schedule shall be maintained and made publicly available on the City official website or at such other location designated by the City. The City Council may amend the fee schedule by resolution at any time, as deemed necessary by the City Council.
There were no Council or public comments.
Motion (Kelly/Breckenridge) to waive the full reading and adopt Ordinance 2025-02 by title; An Ordinance of The City Of Trinidad Amending Section 15.04.260 Of The Municipal Code And Any Other Ordinances, Resolutions, Or Parts Of Ordinances Or Resolutions That Are In Conflict With The Schedule Of Fees For Building Inspection Services. Passed unanimously.
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8. Staff Activity Report – May 2025
City Manager Tagliaboschi summarized content detailed in the staff report included in the meeting packet.
FUTURE AGENDA ITEMS
- Change STR’s in the community to favor long-term rentals (Tuttle read statement from Trinidad School).
Remove lottery and waitlist, lowering the number of rentals and encouraging a hotel revival. - Trail update
- Humboldt Bay Water Feasibility Connection
ADJOURNMENT: 7:55pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
City of Trinidad Meeting Minutes: 07-08-2025 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, JULY 08, 2025 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Kenny, Tuttle, Breckenridge, Varela. City Staff in attendance: City Manager Joe Tagliaboschi, City Clerk Gabriel Adams, Assistant Clerk Anton Souza, and Grant Administrator Angela Cather. Approximately (11) participants were present by video-conference, and (24) were present live at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation (Calif. Gov. Code Section 54956.9(d)(1)) (1 Case: City of Trinidad vs.
Tsurai Ancestral Society, et. al, Humb. Co. Sup. Court Case No. DR180684
2. Public Employment – Appointment (Calif. Gov. Code Section 54957): City Manager/Interim City Manager
3. Public Employee Performance Evaluation (Gov. Code Section 54957): Interim City Manager IV. RECONVENE TO OPEN SESSION
Mayor Kelly announced City Manager Joe Tagliaboschi’s voluntary resignation, effective August 28, and that City Clerk Gabriel Adams has agreed to serve as Interim City Manager until further notice.
V. APPROVAL OF THE AGENDA
Motion (Kenny/Breckenridge) to hear discussion item 2 last on the agenda. Passed unanimously.
Resident Anita Thompson requested an opportunity to address the Council and request that Mayor Pro-Tem Kenny recuse himself from the discussion agenda item 2 (HBMWD Connection Feasibility). She began by explaining the reasoning behind her request, including past precedence set by prior Councilmembers and conflict of interest rules and ethics.
Mayor Pro-Tem Kenny responded, explaining that he is very well informed about recusals and has consulted with the City Attorney on this matter. He understands Mrs. Thompson’s reasoning, but the State of California distinguishes between quasi-judicial hearings, and general City policy discussions. This situation would not be considered as a disqualifying conflict of interest. I’m willing to listen to all evidence presented, and make a fair, impartial decision.
VI. APPROVAL OF MINUTES – 05-13-2025 cc, 05-20-2025 scc, 06-10-2025 cc Motion (Kenny/Kelly) to approve the 05-13-2025 & 05-20-2025 meeting minutes. Passed unanimously.
June 10 minutes were not prepared in time and will be continued to the next regular meeting.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Tuttle: Nothing to report.
Breckenridge: Nothing to report.
Varela: RREDC meeting had a presentation from HBMWD Manager Mariko Morris about the Golden Mussel, an invasive species in Ruth Lake that poses a significant risk to wildlife and infrastructure.
Kenny: HCAOG board took action moving forward some grant funding projects for carbon reduction efforts.
Cities of Arcata, Blue Lake, and Fortuna were awarded funding.
Kelly: Attended G2G with Councilmember Varela and City Manager Tagliaboschi with the Trinidad Rancheria.
Discussion topics ranged from the ALMT, Animal Advisory Committee, Boardwalk and Interpretive Center Agreements, and the HBMWD pipeline project (Hotel). We also discussed water quality of the seeps at Launcher Beach.
VIII.PUBLIC SAFETY REPORT – (Law Enforcement & Security) HCSO Lt. McCall was unable to attend, but the monthly report is included in the meeting packet.
City of Trinidad Meeting Minutes: 07-08-2025 2
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) Kathy Bairey – Trinidad
The thermoplastic striping on the Edwards Street crosswalk areas is failing.
Richard Johnson – Trinidad Coastal Land Trust representative Announcing the Moonstone Beach public access and planning project, funded by the Coastal Conservancy, to preserve safe and resilient accessibility to this treasured beach. Meeting will be held tomorrow night at Town Hall to hear public input regarding Moonstone Beach accessibility.
Jeff Bairey – Trinidad
Requested an update on the engineering assessment for the Edwards Street crosswalk design. City Manager Tagliaboschi explained that the engineer hired has been told by his insurance company they would not cover a redesign, so the issue will be brought back in September for continued discussion.
Unknown – Trinidad School Student Parent
School lockdown happened recently and the response time and coordination with the Sheriff could have been better.
Paula Levine – Trinidad Area Resident & Water Customer
Complained about the cost and time it has taken for her neighbor’s application for water service to be reviewed and approved. Requested that the issue be expedited. City Planner Trever Parker confirmed that the application is moving forward. City Manager Tagliaboschi explained that these applications take time.
Andrew Orahoske – (Zoom)
Request for all Councilmember positively attest they are residents of Trinidad. Mayor Kelly confirmed that every member is a legal resident, vetted by the City Attorney. We are aware of temporary situations that are being discussed regularly. City Manager Tagliaboschi echoed Kelly’s statement.
X. CONSENT AGENDA
1. Financial Statements – May 2025
2. Law Enforcement Report – June 2025.
3. Second Reading of Ordinance 2025-02; Amending section 15.04.260 of the Trinidad Municipal Code and any other Ordinances, Resolutions, or parts of ordinances or resolutions that are in conflict with the Schedule of Fees for Building Inspection Services.
4. Enter into a Memorandum of Understanding between the City of Trinidad and HCAOG regarding the Partnering Assets and Authorities for Comprehensive Transit (PAACT) Project.
Motion (Kenny/Kelly) to approve the MOU. Passed unanimously.
5. Authorization to Award Construction Contract for the Trinidad-Westhaven Emergency Intertie Project
6. Letter of Support for Trinidad Coastal Land Trust’s Candidacy for the Better Together Nature Positive Innovation Grant.
Motion (Kenny/Tuttle) to approve pull consent item 4 and hear last on the discussion agenda. Passed unanimously.
Public comment included:
Aaron Hakenen – Trinidad
If the owner of Murphy’s Market is considering an agreement with the Intertie Project contractor for equipment staging, then careful communication with the City regarding the upkeep of the staging area be held in consideration of the adjacent property owners.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Discussion/Decision whether to confirm the Planning Commission’s recommended approval of the Yurok Indian Housing Authority Housing Project, 2025-01: Coastal Development Permit (CDP) and Conditional Use Permit (CUP) for the development of five (5) single-story, single-family residences (approximately 1,440 square feet (sq. ft.) each) with related infrastructure on a 3.1-acre undeveloped parcel. The Planning Commission approved the City of Trinidad Meeting Minutes: 07-08-2025 3
Design Review and Grading Permit for the project and recommended approval of the CDP/CUP on June 18, 2025.
Located on the eastern edge of Trinidad City Limits, situated between Highway 101 and North Westhaven Drive; APN: 515-151-066.
City Planner Trever Parker explained that this is a unique situation due to the requirements of Planned Development zoning ordinance that require a Use Permit for various types of development allowed. Parker summarized the project (detailed in the staff report included in the packet). Five houses are proposed on the parcel of land located east of the freeway on Westhaven Drive, south of Hidden Creek RV Park and Parker Creek watershed. A CEQA document was prepared and approved by the Planning Commission last month.
Neighborhood concerns have been heard. The City is required to provide its fair share of housing as per the Housing Element certified by the State. The Planning Commission’s approval was unanimous, the Use Permit findings are included in the packet, and staff recommends Council approval to move the project forward.
Council questions included:
Kenny: There was a meeting held between the applicant and neighbors where additional concessions have been made. Can you summarize them, and inform us of the other State agencies that have reviewed the project? Parker explained that the applicant met with neighbors and agreed to fence the property to mitigate privacy impacts, allowing a vegetation buffer, downcast lighting, etc. Of primary importance was the fence along the property with adjacent neighbors. The Coastal Commission and Department of Fish & Wildlife have reviewed and provided comments that have been incorporated into the project conditions.
Kelly: I support this project and understand the need for additional housing that this project will satisfy. I have reviewed the Planning Commission’s evaluation of the project and can see how diligent the reports are.
Varela: I’d like to hear more about the density was determined relative to the developable 1-acre of the property.
Public comment included:
Paula Levine – Trinidad area resident
Hidden Creek RV Park housing density is much greater that what is proposed for this project. I welcome the Yurok Tribe back to the City.
Tyrone McDonald – Trinidad area resident
Expressed support for the project.
Susan Rotwein – Trinidad
Read a prepared statement expressing support welcoming the Yurok Tribe back to Trinidad, but cannot support the density of 5 units proposed. It is out of character for the community. Only 1 acre of this property can be developed. The density is similar to urban San Francisco. Traffic patterns created will also become unsafe. These concerns can be mitigated with a lower density. The septic system proposed is huge. I propose the density be limited to 3 or 4 units, not 5.
Renata Olczak – Adjacent neighbor to the subject property Submitted written comments in advance of the meeting, included in the public comment packet. Concerned about traffic and density increasing with the development, and the lack of any formal agreement or condition requiring the boundary fence.
Richard Hoard – Housing Project Engineer, TVCE
In terms of density, the project meets all local development standards. Regarding traffic, we are pursuing the possibility of speed hump installation on Westhaven Drive near the project location. We are listening to the concerns and being proactive. We have met with each of the neighbors in person. We have shifted the development approximately 25-30ft from the property line with a proposed 8’ fence for the privacy buffer.
Steve Madrone – 5th District County Supervisor
Explained that the County has a form and policy for installation of speed humps. The property has a very dense young forest on it, with a high-fire danger.
Council comments included:
Tuttle: I watched the Planning Commission meetings and appreciate all the hard work that went into this development. I’m also excited for the future residents of these homes and possible participation and partnership in City Council, boards, and grant funding for recreation projects.
City of Trinidad Meeting Minutes: 07-08-2025 4
Kenny: Satisfied with the detailed analysis performed for this project. It’s interesting to note we have only approved one newly constructed house in Trinidad since 2018, and by 2027 we’re supposed to have 18. I can see how the neighbors are very sensitive about the character of the area, but the packet identifies all other developed parcels in the area and I can’t see any serious inconsistency with what is existing. I recommend we add 1) that a fire hydrant be installed at the project site on Westhaven Drive, 2) require a waiver of immunity by the Yurok Tribe to legally enforce the project conditions, and 3) ask that the applicant pay for the speed hump should it be approved by the County.
Breckenridge: Regarding the speed hump condition, I don’t agree that the cost be covered by the Yurok Tribe.
Nicole Sager – Executive Director, Yurok Indian Housing Authority I don’t have any issue with the hydrant or speed bump requirement, but do with the limited waiver of sovereign immunity. There typically are mechanisms such as MOA’s to negotiate this between governments, which take time to develop. Can this be a condition required prior to occupancy? Kenny: The waiver should be a condition of approval. Absent of a waiver of sovereign immunity there could be issues in the future that the City would have trouble enforcing – such as paving over the leach field when more parking is needed. City Planner Parker noted that conditions of approval can have specific timelines or benchmarks required through the process, which can be individually defined. The waiver would have to be worked out with the City Attorney.
Kelly: Concerned that we’re adding complexity to the project. We need the City Attorney to weigh in on this, and want to know the best way forward to address this. We can add conditions for approval tonight, directing the City Attorney to provide guidance on the appropriate mechanism to address the immunity waiver and enforce potential, future violations.
Breckenridge: Would like to approve the project without holding it up.
Motion (Kenny/Tuttle) to approve the Use Permit on the following conditions: 1) Fire hydrant required onsite, 2) limited waiver of immunity agreement, and 3) if the neighborhood is successful in petitioning the county for a speed table installation (before their certificate of occupancy is issued), it be made as a condition of the project with the cost borne by the applicant. Passed unanimously.
Skipped to discussion item 3.
2. Discussion/Decision regarding Participation in a Feasibility Study to Join the Trinidad Rancheria in a Drinking Water Pipeline Connection project with Humboldt Bay Municipal Water District.
Mayor Kelly reminded the public that this is not a discussion about the Rancheria Hotel proposal, not about the greater Trinidad area, and not about providing water to the Westhaven community. This discussion has come back to the Council, four years later, because it committed to do so. All the documents presented and considered, including public comments submitted, are included in the packet materials for tonight’s meeting.
Kenny noted his opposition to the Rancheria’s Hotel proposal was focused on the size and scope of the development, not about the hotel itself.
City Manager Joe Tagliaboschi presented a powerpoint outlining the discussion, the agencies involved, current water system design and limitations, comparative analysis, challenges, opportunities, points to consider, and provided a staff report included in the packet that summarized the topic. He explained that in late May staff had a meeting with the new General Manager of Humboldt Bay Municipal Water District Michiko Mares. This meeting was at the request of staff to meet the new GM and to better understand HBMWD operations and plans as they pertain to Trinidad.
Mares made it clear that any discussion or questions that the city of Trinidad has about HBMWD services should be addressed as soon as possible, with the reason being that the Trinidad Rancheria is moving ahead with plans to connect with HBMWD, and design decisions for the project are being made. When the Trinidad Rancheria connects to HBMWD, the city will lose one of the largest customers. That will have consequences for the remaining customers who must fund the operations, maintenance, and capital replacement of the system.
City of Trinidad Meeting Minutes: 07-08-2025 5
There have been multiple meetings on these topics dating back to 2019 and most recently in 2021 when the proposal as recommended by the Water Advisory Committee to participate in a feasibility study to determine design parameters and cost estimates was considered. Multiple studies by consultants have also been presented; An Overview of Luffenholtz Creek Water Resources and Water Availability (PWA), a GHD Report on HBMWD Water Main Options, and a 2019 GHD Report on Raw Water Storage options.
The discussion at that time was prompted out of concern for the drought conditions that were prevalent and water reliability concerns were significant. The discussion included what could be done to provide water for Trinidad if the city was not able to draw sufficient water from the source at Luffenholtz Creek. The urgency at the time for the recommendation by WAC and a Council decision was also driven by The Trinidad Rancheria’s plans to engage HBMWD for a mainline extension.
Later in 2021, the City’s in-house T3 Chief Plant Operator resigned. The City was unable to recruit a replacement, and was forced into an incredibly expensive contract with a consultant that drained the 1.2 million dollar capital improvement fund within a few years. The CPO vacancy created a whole new urgency as the City realized that a person with the state required credentials and skillset to manage and operate a treatment plant and water distribution system were very difficult to hire and retain.
In 2024 the City went through the rate study process while using interim consulting services to staff the CPO position as required by State for water permits. During the initial 18-month period of this situation the Water Capital Reserve Fund went from a $1.2 million dollar balance to a $400k deficit. The newly adopted rate plans a $300K gift from the city reserves, and a change in CPO services has reduced that deficit, but the rate increase will not help restore the Capital reserve Fund to those previous balances.
The City has been working on building a bench of capable credentialed “homegrown” staff, but that takes time, and the City is still vulnerable should another change in staff occur. This and the increasingly expensive rate to fund the operations, maintenance, and replacement of the water system needs will become a difficult burden given the relatively small pool of rate payers who participate in the City water system. Add to that the biggest customer - The Rancheria - will be disconnecting from the system and will put a larger burden on the rates for the remaining customers.
The current rate structure was implemented on October 01,2024, with a base rate increase to $66.20. The rate increase plan is set to run for five (5) years, with 10% annual increases, driving the base rate up to $96.92 in 2029.
In conclusion, recent studies of the Luffenholtz Creek water source show that it appears to be sufficient to meet current demand and help alleviate some concern for water reliability.
The larger concern is the cost of continuing to provide high quality water at predictable and affordable rates to the customers. The need for credential staff who meet the regulatory requirements will become more challenging into the future, and the loss of the system’s largest customer – the Trinidad Rancheria - will create a significant burden on the remaining rate payers to offset and put the water system at risk by becoming unaffordable.
Staff requires additional directions of the Council on if, or how to proceed with future HBMWD interests.
Council questions included:
Kelly: The WAC recommended the Council increase water storage, reduce leaks, and improve source resiliency. The Council has made investments in all three categories recommended. The City has also exercised the Drought Contingency Plan due to real water shortage emergencies since 2021. This discussion keeps coming up because we have not received adequate information analyzing all the information thoroughly and effectively. We need facts.
City Manager Tagliaboschi explained that the City invested significant funds in exploring source options with the help of Pacific Watershed Associates, but the project stalled out due to the depletion of water reserve funds, as well as the reality of storing a relatively small amount of curtailed water for a big “maybe needed”, and expect the costs to be maintained by 300 customers.
Kenny: I thought raw water ponds (or a small lake) made more sense and was a good idea.
City of Trinidad Meeting Minutes: 07-08-2025 6
Breckenridge: I’m hopeful to hear more from the feasibility study that compares the alternatives and gives us facts to make informed decisions.
Tuttle: The Intertie between Trinidad and WCSD is a great model to consider with the Trinidad Rancheria when they get water from HBMWD. This protects our City, but also mitigates concerns from the greater Trinidad area residents about growth induced from the City getting water directly from HBMWD.
Varela: We also do not have enough information regarding fire-fighting capacity and demands as they relate to our water system. Could that be included into the feasibility study? Also, why does the greater Trinidad community in Westhaven have such a strong opposition to consolidating? Do we have real numbers on what rates would be if we lost the Rancheria as a customer?
City Manager Tagliaboschi explained that although this is a significant concern, but the predictability of cost to provide and deliver quality drinking water to this community is the most important concern. The Rancheria has put nearly $400k into their process so far. Also, regarding district boundaries, Westhaven CSD is investing in their own system.
Kelly: It’s important to consider that the City’s water system is the primary supply utilized by emergency services to suppress fires that break out several miles outside City limits.
Westhaven CSD General Manager Paul Rosenblatt explained that we have enough water for all the people within our district. When we build out our new Plant we think we’ll have enough water to supply everyone that isn’t connected within our district. Our board operates very different than the City. When we were initially approached by HBMWD, it was estimated at $10k to participate in a feasibility study.
Kenny: If the Rancheria was to disconnect from the City’s system, there are properties north of the City that have been waiting 40 years for water. We could quickly sell all that water to make up for the loss.
Kelly: We would have to annex and build infrastructure to serve those properties, and could take years to complete and fund. The City connected Caltrans 1 mile north on Patrick’s Point Drive. The restricted pipe size prohibits any additional connections.
Breckenridge: A public comment submitted pointed out that there are ways to restrict development other than limiting resources.
City Planner Trever Parker explained that annexing is the proper way to extend services, and agree there are better ways to regulate growth. Limiting water is not equitable way to go about it. The City has a role in adopting land use policies that control growth.
Public comment included:
Patti Fleschner – Trinidad water customer
We should do everything possible to participate in the study and cooperate with the Trinidad Rancheria, welcoming people inside and outside the City that need water.
Richard Johnson – Trinidad area resident
I’m confused with this. We’re asking the wrong question. We’ve already demonstrated that several options are feasible. There is a lack of hard data – financial and technical – that trade analysis can be made. My suggestion is to look at the facts (dollars, cents, and options) and then take a look at the trades.
Jack West – Trinidad
I was at the center of this discussion many years ago. We never found out how much this is going to cost. This was the toughest issue I faced while on the Council. We learned that a decision to bring in water from HBMWD brought serious concerns of change to the character of our area. I was told that the State would require Trinidad to supply community to the north if it was served by HBMWD. Please look into this and verify.
Dan Frost – Trinidad area resident
I’m stuck on a sense of unreality here. The Council is ignoring what should be obvious, the impact of the pipeline on the surrounding area. It has the obligation not to participate in a project that has enormous implications to the City. More water means more growth, and a massive change to this unique town. You City of Trinidad Meeting Minutes: 07-08-2025 7
should recognize that you have an adequate water supply that may not be perfect, but beats massive growth impacts to this area. 10 years from connecting you won’t recognize this area anymore. This is a destructive project. I would not concede the Rancheria will get this water.
Don Allen – Trinidad area resident
Submitted written public comment - Concerned that this is the 3rd or 4th time this has come up in the 42 years I’ve lived here. The cost to connect would be huge and only feasible if outside areas were connected. The PWA study in 2021 found that there was plenty of water in the Luffenholtz Creek watershed to fulfill your needs, and expand. You need to consider the growth inducing impacts. Get real numbers, but don’t get committed to be forced down this road. There is an intertie being built to supply emergency water. There are many other complications, (LAFCO, expanded service area, etc.) but you need to get the costs. It’s possible that a connection to Humboldt Bay could raise the monthly rate from $120 to twice as much ($240). The other issue is that you have an ASBS off Trinidad Head costing millions of dollars to reroute storm drains. All our beaches are polluted, and we’re not far from being forced by the SWRCB to require a public sewer system. With an unrestricted water supply we’ll watch water pollution get worse and the City will be forced to fund a sewer system costing customers $200-300 per month.
Jennifer Knight – Trinidad area resident
We are looking at costs, but not considering the destruction of the environment. I live above Moonstone Beach and I’ve seen sea level rise. What is the environment worth to you.
Jeff Bairey – Trinidad
We don’t need to do a study that nobody wants. There is a cost to this project in dollars, and a cost to the community and environment.
Dick Bruce – Trinidad
Submitted written public comment - I may be the lone soldier here tonight, but I’m in favor of these studies.
What concerns me the most about Trinidad water is the cost to operate the system. The City can’t continue like this. I hear a lot about growth, but the Council represents the rate payers of the City water system and residents. It’s not your responsibility to represent the County residents. Unless you conduct a feasibility study, you’ll never know how much it may cost.
Anita Thompson – Trinidad
Submitted written public comment – Thanked the Council for bringing this back. $10k was spent on PWA to study increasing water storage and the project was considered unsuccessful. During the 2021 drought the City activated the emergency drought response requiring customers to conserve water. The City can no longer afford to operate it’s water plant. More than 1 million dollars were spent to operate with an expensive consultant after it lost the in-house operator. The City paid an average of $24k for month, for 3 years. Rates have significantly increased, and will continue to increase in the years to come. Please move forward with these studies and ultimately connect to Humboldt Bay Municipal Water.
Aaron Hakenen – Trinidad
Echoed comments made by Bruce and Thompson. I’m in favor of the study, and don’t understand why there is so much opposition to receiving facts and information. How can the City operate the system in a meaningful fashion without facts? The City has invested significant money to developing studies. I’ve read these studies.
They provide facts. Facts provide informed decisions. The City is set up to control growth with land use policy.
You’re obligated to represent the people that voted for you. The City has adequate short-term fire protection.
You are making generational decisions. We are shrinking, and struggling to fill seats on the Council and Planning Commission. Make a responsible decision.
Tyrone McDonald – Trinidad area resident
Concerned with marine ecology.
Paula Levine – Trinidad area resident
Supports participating in the feasibility study.
Paul Rosenblatt – Westhaven CSD General Manager
Our friend in the audience spoke about large campaign fires. Westhaven has adequate water capacity.
Average structure fire requires 30-40 thousand gallons to suppress. There are growth inducing impacts to having adequate water. If you have enough water, you can’t say no to requested use. My conversations with City of Trinidad Meeting Minutes: 07-08-2025 8
the Division of Drinking Water say that you’d have to extend your lines to serve the underserved because of the Humane Water Act passed 4-5 years ago. You would have to build infrastructure to serve those properties north of town, approximately 6 miles. There are real cost born by the City in the long term. You’d still have to have certified operators and run a distribution system. You can’t leapfrog and pass other districts. You have to buy water from MCSD.
Andrew Orahoske – Zoom
Submitted written public comment - Recommend people read Cadillac Desert. You have a problem with leaky septics going into the bay. More water will cause more pollution. Your actions joining a pipeline pursuit reverberate out within the community and enduce growth. You should have CEQA training and have seen City decisions in the past that you didn’t have good advice on. I guarantee HBMWD will be scared of CEQA. Kill the pipeline for good.
Dave Hankin – Trinidad area resident
Submitted written public comment - I pay taxes to the City of Trinidad all the time. I like to think we’re a community. I’ve served on the WCSD water board for 35 years. It’s expensive to operate. Getting water from Humboldt Bay won’t reduce costs. The only thing that will change is the level of operator certification required.
I’ve lived here a long time. The City had a viable operating system for a long time. It can happen again. I’m most concerned with growth potential. You’ll need to find funding to study this as well.
Kathy Bairey – Trinidad
The problem I have is the perception of bias. Worried that if we start it, we won’t stop. We talk about the value and beauty of the area. Water goes somewhere and a development disaster happens. Step back, stay Trinidad.
Allie Lindgren – Tsurai Elder/Lineal Descendent
Concerned about the Trinidad Rancheria plans to develop. Wish we can all get along.
Margie Kieselhorst-Eckhart – Trinidad
40 year resident, business and landowner. Active community member. Hard to hear that the Council has decision-making ability to affect us. Hope you take the impact to all of us into consideration during your process.
Jacque Hostler- Carmesin – Trinidad Rancheria CEO
Proud 18-year employee of the Rancheria. Very happy to work with this Council and staff. Very positive and professional experience. The Rancheria has done nothing but good things for the City. We’ve cleaned up the Harbor, pay for public restroom access, finished the stormwater project, and are building an interpretive center.
We’ve overcome all of the citations from the State Water Board on the previous owner. We’re monitoring the water quality in Trinidad Bay. Rancheria is doing the very best, and good things. We are moving forward with the pipeline. Our study will be a public document in the near future. The Tribe respects everyone’s opinion that is expressed, respectively. The Rancheria is moving forward rapidly, and intend to construct within the next 2 years. We’ll be going through the CEQA process, and would like to get through permitting by 2027.
Steve Madrone – 5th District County Supervisor/Trinidad area resident The Rancheria has done great things for the community. I enjoyed their original hotel concept. 40 year Luffenholtz Creek resident. None of my reports were included in your packet tonight, likely because I didn’t charge $100k for them. I offered free services. Congratulations on the work done so far – intertie, new tank, etc. Recognized former Mayor Chi-Wei Lin for looking at the bigger picture and encouraged the City to continue work on storage ponds upstream. Even during a drought, Luffenholtz has never gone dry. Earthquakes break pipes. Distributed storage (500 homes with 5000g storage tanks) is a piece of the puzzle. Fixing pipes, building ponds, forest thinning, etc. are all useful. Luffenholtz aquifer has as much water locked in as Ruth Lake. Growth is what you should be thinking about. Housing laws are relaxed, and will affect Westhaven.
Growth will change the face of this community if Trinidad joins with Humboldt Bay. Water rates will not go down. There are many costs involved, and it will likely be more than the current rates. Pipeline discussion will have to go through LAFCO. Competing mandates at LAFCO; consolidate small water systems, and avoid annexing islands. You had a T3 Operator. According to the previous operator, he was not supported and was forced out. Don’t make more bad decisions.
Michiko Mares – Humboldt Bay Municipal Water District General Manager We’ve been working with the Rancheria investigating the feasibility of extending our pipeline north to serve them. We’re looking at the CEQA documentation and the LAFCO application process, working with the City of Trinidad Meeting Minutes: 07-08-2025 9
County and State Coastal Commission before moving forward with the north mainline extension. There will be water wheeling required through MCSD to serve the Rancheria. Does the City of Trinidad wish to move forward with the comparative analysis to determine whether or not to participate in the north mainline extension. It is a decision that should be made sooner than later as it will affect our LAFCO application. An emergency intertie may not be feasible based on the size of the water pipe. We don’t have all the answers today, but going through the process together will be helpful. The LAFCO Board made it clear that if/when the project moves forward, the municipal service review will be revisited.
Council comments included:
Kenny: How much would the price per gallon be? Mares noted HBMWD only sells wholesale water, not retail.
The engineering analysis would flush out answers to these questions.
Kelly: The Council is struggling to get answers to these questions. I would like to understand, once and for all, how much it will cost, will it induce growth, etc. We’ve talked about it several times. In 2015 the Council voted to do this, but didn’t. We need a fact-based decision model to make informed decisions. There have been a lot of statements made tonight that I don’t have factual information to support. We should create parameters of the feasibility plan (technical, financial, legal, regulatory, operational, environmental, growth inducing, etc.).
Varela: Do we have an estimate on the cost? City Manager Tagliaboschi noted that based on the Rancheria’s costs so far, possibly $100-200,000?
Kenny: Presenting a power point titled “the HBMWD Pipeline is not a good thing for Trinidad”. The presentation touches on the water source dynamics on a large scale, compared to the similar design of the Luffenholtz Creek system. Trinidad has not had to implement emergency conservation measures. There is a false logic made by looking at seasonal low surface flow. Developing natural water storage retention is a process used on very large scale, industrial water systems. We should be pursuing the same strategy. If we connect to Humboldt Bay Water, the hotel will be built and properties within the City’s sphere of influence will also be encouraged to develop. Why would we want to facilitate this? Why would we want to encourage the Rancheria getting water, building their master plan, and increasing their hotel capacity beyond what has been proposed? Luffenholtz Creek is good as it is, and the City should not be spending money exploring a direction that is not desirable policy. Develop storage ponds.
Tuttle: We’re all team Trinidad and want the best for our town and families. We also don’t want change. We’re dependent on food from thousands of miles away. Our water comes from a source up the road. Turning that over to another agency is concerning. We are 100% in control of our system now. I don’t want growth, and see both sides of the argument.
Varela: I come to these discussions with an open mind. This is an interconnected issue with so many processes at stake. I hear no one agreeing to paying the high rates needed to make our system stable, and would bet that everyone against the study isn’t on the City water system. I’m in favor of the feasibility study to give us the facts needed to make informed decisions.
Breckenridge: I want to know what is viable. I want to understand costs, impacts, etc. I cannot make an informed decision without these facts, and support seeking grants to cover the cost.
Kelly: I’ve taken to heart all comments made tonight and believe Trinidad does an incredible amount for the community at large. We are not the County or Rancheria. We are the City of Trinidad trying to source clean, responsible, and affordable water to the customers on the system. We all have opinions about how things should work. I want to put this to rest, once and for all, but we can’t to it without having a comparative analysis in front of us.
Motion (Kelly/Breckenridge) to direct staff to proceed with a comparative analysis and feasibility study that evaluates the two options for water provisioning in the City of Trinidad: 1) connection to HBMWD in partnership with the Trinidad Rancheria or independently; 2) continuing to operate its own independent municipal water plant. The study should include comparative long-term costs, developmental (growth) impacts, environmental factors, regulatory/legal guidelines, technical/engineering and operational requirements. Staff will bring the RFP for the study back to the Council for final review and seek grant money to fund. Passed 3-2. Yes – Kelly, Breckenridge, Varela. No – Kenny, Tuttle.
City of Trinidad Meeting Minutes: 07-08-2025 10
3. Discussion/Decision regarding Town Hall Renovation Project – Windows, Rot Repair, Etc.
City Manager Tagliaboschi explained that in February staff brought Council an estimate to repair and replace the Town Hall Windows and refurbish and refinish the front porch area. Staff used the best information at the time to estimate the costs of the project. However, after soliciting bids for the project the costs came back more than what Council approved for the two projects.
There were three bids for the project and two of the three were very close at $66,964.99 and $66,379.65. The third quote came in at $44,890. This did not include contingency or dry rot repair. Typically, staff includes about 10% of the base bid for this line item.
This item if approved would be Option 1 of the original proposal as the costs have gone up this seems the most logical and cost-efficient choice; Milgard, Series V400 Tuscany, white vinyl inside and out with grid pattern matching the existing windows. Approximately $3,017 per window = $66,379 including labor to remove and replace, dispose of old windows, related materials. Total with contingency and rot repair = $75,000 Staff recommends the lower of the two bidders and is requesting $75,000 for contingency and rot repair.
The second item on this list is the front entrance to Town Hall which includes a refresh of the paint after electrical work is complete and remove and replace the green carpet which is badly worn. Chief Building Official Dan Dimick has suggested an epoxy coating used on garage floors to provide a more finished appearance. The product selected will have nonslip resistance and should last for many years with little to no maintenance needed other than a power wash once a year or so to keep it looking fresh and clean.
This item was initially estimated at around $4,000 but estimates came in at $11,479 to remove the indoor /outdoor carpet clean, and prep the porch, and use the epoxy style coating to refinish the concrete surface.
Staff is requesting $15,000 for this project in case of extra work to prep the concrete surface occurs.
Staff are requesting a budget adjustment of $90,000 to complete the Town Hall Window Replacement and Rot Repair and Front Porch Surface Rehabilitation Project.
Public comment included:
Susan Rotwein – Trinidad
Appreciate staff planning for the future and taking care of the building.
Paula Levine – Trinidad area resident
Questions about the Yurok Tribe immunity waiver requirement. Mayor Kelly noted that the discussion for that topic has been concluded.
Dick Kieselhorst – Trinidad area resident, owner of adjacent property to the Town Hall Thanked the City for finally making this happen.
Motion (Kenny/Varela) to recognize cost increase adjustments and approve $75,000 for window installation and dry rot repairs, and $15,000 for front porch rehabilitation for a total of $90,000. Passed unanimously.
4. Discussion/Decision to Adopt the Assistant City Manager Job Classification into the City Staff Structure.
City Manager Tagliaboschi explained that the organizational structure of this city is different than most, as the City Manager is a part-time employee, as agreed to under an employment agreement with the Council. That leaves a considerable portion of time when the City Manager is not available for tasks, questions, and onsite.
The City of Trinidad is lucky to have someone on the staff who can fill that role and those needs. Over the past years that person has been our City Clerk Gabriel Adams.
The current labor agreement for the CM is 30 hours per week. The schedule is Monday through Wednesday 8- hour days and 6 hours on Thursday (or around 2 PM). However, there are many weeks when the CM gets the 30 hours in well before Thursday and can adjust those hours accordingly. In addition, the CM is allowed vacation during the year and that also leaves a role to be filled. For a period of time Trinidad was managed by the Council and as such there was generally a council member who could perform the role and work of the CM. Since 2008 There has been a City Manager performing that work.
City of Trinidad Meeting Minutes: 07-08-2025 11
While it has been convenient to have the City Clerk fill in on occasion, it has not been equitable, nor has there been additional compensation for acting in this role. Add to that the increased workload that the Clerk has assumed as the regulatory and policy requirements have evolved to a point that the role now includes much more than a Clerk would be expected to perform. It has been long past time to address this issue and provide a wage and title that reflects the role and responsibilities.
The new Assistant City Manager classification will fix these inequities and gaps in our organizational structure and provide a succession plan, should the Council prefer to use it as such. The role will now include the clerk’s duties, and assisting the City Manager with overseeing assigned town hall staff, finance, payroll, HR, health care insurance, and risk management (workmen’s compensation, liability, property, etc.) cemetery budget support, contract and consultant support. The incumbent provides complex administrative support to the City Manager and elected and appointed officials and serves as liaison with the public and other agencies and stakeholders and other duties as assigned.
The new ACM will serve as acting CM when the CM is not in a working capacity. As such his wage reflects that role and those responsibilities. As the ACM in this organization could be in the acting capacity for the better part of 3.5 days the salary should be within 15-20% of the CM salary. This position was discussed during the FY 25/26 budget workshop in the May 2025 meeting. The salary for this position was budgeted and adopted in the June 2025 meeting.
Staff request approval by the Council to include the new Assistant City Manager classification and spend up to the budgeted amount for this position as allowed in the recently adopted FY25/26 budget. In addition, this position was requested and committed in July 2024, therefore the request includes a $10,000 retroactive bonus included with the pay increase proposed and budgeted this year.
Public comment included:
Steve Madrone – Trinidad area resident, 5th District County Supervisor It’s about time, and we all know this. Adams is our institutional knowledge here in this community and he deserves this. Literally, if you want to know something, you call him. We will miss Joe who has been doing a great job.
Council comments included:
Kelly, Breckenridge, and Varela confirmed their full support of the proposal.
Kenny: Adams will become the Interim City Manager upon Tagliaboschi’s resignation in late August, and extremely well qualified. I’m comfortable giving him this designation. Kelly agreed.
Motion (Kelly/Tuttle) to adopt the Assistant City Manager Job Classification into the City Staff Structure, assigning the title, budgeted pay increase, and duties as described to City Clerk Adams current position, and authorizing the one-time retroactive pay increase of $10,000 for filling this role as committed since July 01, 2024. Passed unanimously.
5. Staff Activity Report – June 2025
Accepted and approved by consensus.
FUTURE AGENDA ITEMS
- Change STR’s in the community to favor long-term rentals (Tuttle read statement from Trinidad School).
Remove lottery and waitlist, lowering the number of rentals and encouraging a hotel revival. - Trail update
- Humboldt Bay Water Feasibility Connection
ADJOURNMENT: 7:55pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Financial Statements – July 2025
CONSENT AGENDA ITEM 2
SUPPORTING DOCUMENTATION ATTACHED
2. Law Enforcement Report – July & August 2025.
CONSENT AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Boardwalk Improvement Agreement Between the City of Trinidad and Cher-Ae Heights Indian Community of the Trinidad Rancheria.
CITY OF TRINIDAD STAFF REPORT
DATE: Tuesday, September 09, 2025
TO: Mayor and City Council
FROM: Angela Cather, Grants Department
AGENDA ITEM: Authorization to enter into a Boardwalk Improvement Agreement between the City of Trinidad and the Cher-Ae Heights Indian Community of the Trinidad Rancheria STAFF RECOMMENDATION:
• Authorize the City to enter into a Boardwalk Improvement Agreement between the City of Trinidad and the Cher-Ae Heights Indian Community of the Trinidad Rancheria.
BACKGROUND: City staff previously presented the Boardwalk Improvement Agreement to the City Council at the Special City Council meeting held on August 6, 2025, but it was not fully addressed. Staff is bringing it before Council again as the City of Trinidad is seeking to enter into an agreement with the Cher-Ae Heights Indian Community of the Trinidad Rancheria, to construct, improve, and maintain the boardwalk for continued safe use, and to fulfill the Per Capita grant program’s land tenure grant requirements. The Per Capita grant program will fund its construction.
The existing boardwalk, extending to the Trinidad Harbor from Edwards Street (both partially located in the City right-of-way and on property held in trust by the United States for the benefit of the Tribe (Tribal Trust Lands), is currently in need of improvement for safe use. By entering into this agreement, the City and Trinidad Rancheria agree to work cooperatively, as both recognize the need to construct, improve and maintain the boardwalk for continued safe use.
The term of the agreement is thirty (30) years starting from the execution of the agreement, with the option to renew the term of the agreement for two successive ten (10) year periods.
Council approval of the agreement as proposed will authorize the City Manager to engage in a discussion with Trinidad Rancheria that will hopefully lead to a land tenure agreement, signed by both parties, that satisfies the primary eligibility requirement to utilize Per Capita grant program funds to reconstruct the boardwalk.
It will also fulfill and resolve a prior commitment made, at the request of the Trinidad Rancheria’s Tribal Council back in March of 2004 (attachment), to support this mutually beneficial project when it was originally constructed.
At that time a Grant of Easement Deed was proposed and forwarded to the Tribal Council, but no signs of it being returned or recorded.
ENVIRONMENTAL REVIEW
Not applicable.
FISCAL IMPACT
• Is there a Fiscal Impact: Yes. The City is responsible for all project related costs that exceed the Per Capita grant funding (set to expire in 2028). Maintenance and repair costs, post-project completion, are the City’s sole responsibility.
• Is it Currently Budgeted: Dependent on the cost of the project. The project could be fully covered by the Per Capita grant. Maintenance and repair costs will need to be budgeted appropriately post-project completion.
• Where is it Budgeted: 533 Per Capita grant/General Fund.
ATTACHMENTS
• Boardwalk Improvement Agreement
• Exhibit A – Easement for Ingress, Egress, and Public Utilities • Exhibit B – Boardwalk Easement
• March 2004 Draft Grant of Easement Deed sent to then Tribal Chair Carol Ervin from Mayor Dean Heyenga 1 BOARDWALK IMPROVEMENT AGREEMENT
This Boardwalk Improvement Agreement (“Agreement”) is made and entered on this day of September, 2025, by and between the City of Trinidad, a municipal corporation (hereinafter “City”) and the Cher-Ae Heights Indian Community of the Trinidad Rancheria, a federally recognized sovereign Indian tribe (hereinafter “Tribe”) (collectively the “Parties”).
RECITALS
A. WHEREAS, the Tribe asserts a boardwalk exists that extends to the Trinidad Harbor on Edwards Street, which is partially in the City right-of-way, but exists mostly upon real property held in trust by the United States for the benefit for the Tribe (“Tribal Trust Lands”); a map depicting the location of the boardwalk is attached hereto as Exhibit A (hereinafter “Boardwalk”);
B. WHEREAS, The City has not conducted its own survey and does not concede that the City’s Boardwalk is partially on Tribal Trust Lands, but to avoid conflict agrees to the terms and conditions of this Agreement
C. WHEREAS, City and Tribe wish to work cooperatively for the benefit of the citizens of the City and the Tribe and the improvement and maintenance of the existing Boardwalk;
D. WHEREAS, the Boardwalk is in need of maintenance to replace the existing boards that are failing;
E. WHEREAS, it is the responsibility of the City to maintain the existing Boardwalk; and
F. WHEREAS, both the City and the Tribe recognize the need to construct, improve and maintain the Boardwalk in a safe condition.
NOW THEREFORE, based on the foregoing recitals, the City and Tribe mutually agree as follows:
2 AGREEMENT
1. The City and Tribe agree that, through this Agreement, the Tribe is granting the City access to the Tribal Trust Lands for the purpose of constructing and improving the Boardwalk, and related activities (the “Project”). The Project shall be undertaken consistent with plans and specifications, which shall comply with all applicable law, to be prepared by the City’s engineers.
2. The Parties further agree that the constructed improvements shall become the property of the City.
RESPONSIBILITIES OF CITY
3. Prior to construction or issuance of a permit, the City shall provide a copy of the draft plans and specifications to the Tribe for its review and consideration, and the parties agree to make a good faith effort to reach a consensus regarding the same if the Tribe provides the City with any requested changes or concerns.
4. The Boardwalk improvement and maintenance is a City project and, for the term stated in Sections 8 and 9 (if exercised) of this Agreement, the City is responsible for the Project and, after completion of the Project, maintaining the Boardwalk in good order and repair and in a safe condition at its own expense, including, without limitation, those portions located on the Tribal Trust Lands.
5. City shall use appropriate engineers and duly licensed and insured construction workers to repair, improve, and maintain the Boardwalk.
RESPONSIBILITIES OF TRIBE
6. The Tribe shall not take action to preclude public access to the portions of the Boardwalk located on the Tribal Trust Lands in violation of this Agreement; provided, however, that the Tribe shall retain the right to regulate access as may be appropriate to protect public health and safety.
7. The Tribe shall allow the City to undertake the Project in accordance with this Agreement and allow the City to undertake its continuing repair and maintenance activities specified under Section 4 above, and facilitate reasonable access to those portions of the Boardwalk located on the Tribal Trust Lands so that the City may do so; provided that the City’s exercise of its rights complies with the terms and conditions of this Agreement.
3 TERM
8. Subject to an option to renew as described in Section 9 below, the term of this Agreement shall be for a period of thirty (30) years beginning on the date first written above.
OPTION TO RENEW
9. So long as not in material breach of any term or condition, each party is hereby granted the option to renew the term of this Agreement for two successive twenty (20) year periods under the same terms, conditions, and covenants set forth herein; the option shall be deemed exercised, unless either party delivers written notice to the other party of intended termination of this Agreement at least ninety (90) days before the expiration of the initial term of this Agreement, or the twenty (20) year renewal period if the first option is exercised.
NO TRESPASS
10. For the sections of the Boardwalk located on Tribal Trust Lands, the Tribe agrees it shall not bring a trespass action against the City, its officers, employees, or agents arising from the City’s or its officers’, employees’, or agents’ actions to carry out the City’s obligations under this Agreement or file any other action, except as may be necessary to protect public health and safety, that could result in the curtailment of the public’s right to use the Boardwalk for pedestrian access.
INDEMNIFICATION
11. The Tribe, its officers, agents, and employees shall not be liable and the City shall indemnify, hold harmless, and defend (with legal counsel and legal defenses acceptable to the indemnified party) and hold the Tribe, its officers, agents, contractors and employees from and against any and all liabilities, claims, damages or injuries of any kind or nature arising out of, involving, or in connection with the City’s construction, repair, improvement, operation or maintenance of the Boardwalk under this Agreement (i.e., the Project), except any claim, damage, or injury arising from the sole negligence or willful misconduct of the Tribe or its officers, agents, or employees.
INSURANCE
12. The City shall obtain at its own expense and keep in full force and effect during the term of this Agreement insurance with a public entity risk pool provider of like 4 kind or nature to that which the City maintains as of the execution date of this Agreement. The insurance policy maintained pursuant to this section shall, by endorsement, name the Tribe as an additional insured as to the Boardwalk and provide that it is primary and non-contributing. The City shall provide the Tribe with satisfactory evidence of such insurance and shall keep such certificate current.
ASSIGNMENT
13. Neither party shall assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the other party hereto. Written notice of any proposed transfer shall be furnished promptly to the other party. Any attempt at assignment of rights under this Agreement except for those specifically consented to by both parties or as stated above shall be void.
NO THIRD-PARTY BENEFICIARIES
14. Nothing in this Agreement creates any rights upon any person or entity which is not a party or a successor or permitted assignee of a party to this Agreement.
SEVERABILITY
15. If any provision of this Agreement is found by a court of competent jurisdiction to be of no force or effect, the validity of all other provisions shall not be affected.
ENTIRE AGREEMENT
16. This Agreement contains the entire agreement of the Parties regarding the subject matter herein, and no covenants, representations, inducements or promises, oral or otherwise, not embodied herein, shall have any force or effect.
MODIFICATION
17. This Agreement may only be modified, or any of its provisions waived, by a written amendment thereto, executed by both parties.
ATTORNEY'S FEES AND COSTS
18. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which 5 such party may be entitled.
NOTICES
19. All notices that are required to be given by one party to the other underthis Agreement shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited with the United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses, unless such addresses are changed by notice, in writing, to the other party.
City of Trinidad
409 Trinity Street
Trinidad, CA 95570
Cher-Ae Heights Indian Community of
the Trinidad Rancheria
1 Cher-Ae Lane
Trinidad, CA 95570
DISPUTE RESOLUTION
20. The Parties shall make their best efforts to resolve disputes that arise under this Agreement by good faith negotiations whenever possible. Therefore, except for the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the Tribe and the City shall first meet and confer in good faith for the purpose of resolving disputes and to foster a spirit of cooperation and efficiency in the administration and monitoring of the performance of and compliance with the terms, provisions, and conditions of this Agreement, as follows:
(a) Either party shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth the facts giving rise to the dispute and with specificity, the issues to be resolved. (b) The other party shall respond in writing to the facts and issues set forth in the notice within fifteen (15) calendar days of receipt of the notice, unless both parties agree in writing to an extension of time.
(c) The parties’ respective executive officers shall meet and confer in good faith by telephone or in person in an attempt to resolve the dispute through negotiation within thirty (30) calendar days after receipt of the notice set forth in subdivision (a), unless both parties agree in writing to an extension of time.
6 (d) Disputes that are not otherwise resolved, may be resolved in the United States District Court for the Northern District of California in accordance with the terms and conditions set forth in Section 15 of this Agreement.
LIMITED WAIVER OF SOVEREIGN IMMUNITY
21. Except as otherwise expressly provided in this Section 21, nothing in this Agreement shall be deemed to be a general waiver of the Tribe’s sovereign immunity from suit, mediation, or arbitration.
Subject to the limitations and conditions stated in this Section 21, the Tribe expressly and irrevocably consents to be sued only by the City to interpret and enforce this agreement; provided that this limited waiver of sovereign immunity shall extend solely to actions filed by the City in the United States District Court for the Northern District of California (“Applicable Court”), not later than one (1) year after the accrual of the cause of action, seeking injunctive relief or recovery of damages arising from the Tribe’s breach of its obligations under this Agreement. This limited waiver of sovereign immunity shall not extend to an action filed in court prior to the observance and implementation of the Dispute Resolution provisions of Section 20 of this Agreement, which are conditions precedent to the commencement of any such action.
Notwithstanding anything stated herein to the contrary, this limited waiver of sovereign immunity applies solely to disputes arising under this Agreement and does not apply to any other matter, party, or dispute; and is further limited solely to claims for injunctive relief to enforce the terms of this Agreement, specific performance of this Agreement, declaratory relief to construe the terms of this Agreement, and actual damages for breach of the terms of this Agreement, and for civil actions to enforce any judgment or award based on any such claims adjudicated by the Applicable Court. This limited waiver shall not extend to tort claims or other types of damages, including indirect, special, incidental, non-compensatory, consequential, or punitive damages; and the waiver does not extend to enforcement against assets held in trust by the United States for the benefit of the Tribe or any funds received by the Tribe as a grant, or pursuant to a government contract or program agreement. The Tribe does not waive any aspect of its sovereign immunity with respect to claims, actions, or lawsuits by any person or entity not a party to this Agreement or disputes between the parties not arising from this Agreement, and this waiver shall only remain in effect during the term of this Agreement.
Prior to the effective date of this Agreement, the Tribe shall adopt a resolution, in accordance with tribal law, that expressly waives its sovereign immunity as stated in this 7 Section 21, and approves this Agreement, including this limited waiver of sovereign immunity, and authorizes the Tribal Chairman or Vice-Chairman to execute this Agreement.
IN WITNESS HEREOF, this Agreement is duly executed in Humboldt County, California on the day and year first written above.
City of Trinidad Cher-Ae Heights Indian Community
of Trinidad Rancheria
Cheryl Kelly, Mayor Garth Sundberg, Chairperson
V A N W Y C K E S T R E E T B A Y S T R E E T W E S T E R N A D D I T I O N 1 2 M A P S 8 0 CITY OF TRINIDAD APN 042-071-009 1786 O.R. 665 CHER-AE HEIGHTS INDIAN COMMUNITY APN 042-071-002 DOC. 2000-1498-8 L O T 3 8 M A P O F T R I N I D A D SCALE: 1" = 40' EXHIBIT 'B' SHEET 1 OF 1 NORTH P W S C 5201 Carlson Park Dr., Suite 3 - Arcata, CA 95521 707 840 9510 Phone 707 840 9542 Fax OINTS EST URVEYING O. BOARDWALK EASEMENT CITY OF TRINIDAD SECTION 26, T8N, R1W, HUMBOLDT MERIDIAN EXHIBIT NOTES Date: August 2023 The purpose of this exhibit is to illustrate the boundaries of an easement for a boardwalk along the south side of Van Wycke Street in the City of Trinidad. Bearings shown hereon are based on Book 60 of Surveys, Pages 46-48 per ties to replacement monuments shown hereon.
CONSENT AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Resolution 2025-07; Updating the Building Permit Fee Schedule.
CITY OF TRINIDAD STAFF REPORT
DATE: Tuesday, September 09, 2025
TO: Mayor and City Council
FROM: Gabriel Adams, Interim City Manager
AGENDA ITEM: Adopt Resolution 2025-07; Updating the Building Permit Fee Schedule.
STAFF RECOMMENDATION: Review, receive public input, discuss, and consider Resolution 2025-05; Amending Rates for the Purchase of Burial Plots in the Trinidad Cemetery.
DRAFT MOTION TO CONSIDER: Adopt Resolution 2025-07; Updating the Building Permit Fee Schedule.
DISCUSSION/BACKGROUND
The Council approved the first reading of ordinance 2025-02 on June 10, revising the Building Permit Fee Ordinance giving future Council’s the authority to revise rates in the future by resolution. The second reading was held on July
08. The ordinance became effective 30 days later, on August 07.
With the ordinance now revised to enable the Council to adopt a new fee structure by resolution, staff brings forth the resolution that if approved will become effective immediately and conclude this process.
As the staff report included in the June 10 meeting packet summarized, it is good practice to update Master Fee Schedules on an annual basis to keep cost recovery current and help better manage budgets for the Planning and Building Department along with other fees in the schedule. This practice is essential for municipalities and is usually done in sync with the annual budget.
The last attempt at updating the Building Fees Ordinance occurred on October 10, 2012. The schedule that was approved then was based on the County of Humboldt’s format. This format established a comprehensive set of fees that consistent, fair, and the regional standard.
The attached fee increase proposal is modest at around 35% considering it has been over 20 years since the last attempt to update the fee schedule. The proposed fees also provide for cost recovery fees to be collected when a project must be referred for evaluation and input from other agencies or departments, such as Planning, or Public Works fees.
FISCAL IMPACT
• Is there a Fiscal Impact: Yes
• Is it Currently Budgeted: Yes
• Staff Resource Impact: No
ATTACHMENTS
• Resolution 2025-07 – Updating the Building Permit Fee Schedule.
City of Trinidad Resolution 2025-07
TRINIDAD CITY HALL Cheryl Kelly, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
RESOLUTION 2025-07
ADOPTING 2025 BUILDING PERMIT FEE SCHEDULE
WHEREAS, the City of Trinidad (“City”) maintains building permit fees, identifiably as the building permit fee schedule (the “Fee Schedule”); and
WHEREAS, the City Council of the City of Trinidad (“City Council”) have determined this Resolution necessary to modify the Fee Schedule to better reflect the costs incurred by the City in providing related services to City residents; and
WHEREAS, the City has authority under Municipal Code Section 15.04.260 to amend the Fee Schedule by resolution at any time, as deemed necessary by the City Council.
NOW, THEREFORE LET IT BE RESOLVED that the Trinidad City Council does hereby adopt the proposed 2025 Building Permit Fee Schedule, attached to this Resolution; and NOW, THEREFORE BE IT FURTHER RESOLVED that the 2025 Building Permit Fee Schedule shall become effective thirty days after adoption of this Resolution. The Fee Schedule shall be provided and maintained in accordance with Municipal Code Section 15.04.260.
PASSED AND ADOPTED BY THE TRINIDAD CITY COUNCIL of Humboldt County of the State of California this 9th day of September, 2025.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the Trinidad City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Attest:
________________________ _________________________
Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
CONSENT AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. City Response to a letter of inquiry from the California Department of Housing and Community Development regarding implementation of the City’s Housing Element
HCD HEI Response September 9, 2025 CC Meeting
CITY OF TRINIDAD STAFF REPORT
DATE: Tuesday, September 2, 2025
TO: Trinidad City Council and Planning Commission
FROM: Trever Parker, City Planer
AGENDA ITEM: HCD Response Letter: Discussion/Decision regarding a letter from the City Planner responding to a letter of inquiry from the California Department of Housing and Community Development regarding implementation of the City’s Housing Element.
STAFF RECOMMENDATION
Direct staff to send the attached letter in response to the Department of Housing and Community Development (HCD).
BACKGROUND/DISCUSSION
Housing Element
Housing Elements are one of the State mandated elements of a general plan. Due to the State’s housing crisis, State law has gotten much stricter about the content, requirements, and implementation of housing elements. And HCD has been given oversight and enforcement authority for housing elements. Housing Elements are adopted on 8-year cycles. The City’s 2019-2027 Housing Element (which can be accessed here:
https://www.trinidad.ca.gov/media/5621) was adopted in 2020 and deemed to be in substantial compliance with Housing Element law by HCD.
Each year, the City must submit an Annual Progress Report on the implementation of the Housing Element. Several of the implementation measures in the City’s Housing Element are behind schedule. The current Housing Element was prepared by a consultant working for HCD and the adoption was streamlined in order for the City to be eligible for grant funding from HCD. It lacked a high level of scrutiny by either HCD or the City. However, State housing law has continued to become stricter with additional enforcement and punitive measures for jurisdictions that don’t comply.
HCD Letter of Inquiry and Response
The City got a letter from HCD, dated July 25, 2025, asking for a status report on some of the Trinidad Housing Element implementation measures. Several of the measures have been found to be impractical for Trinidad. For one, all land use regulations must be certified by the Coastal Commission, so the City can’t simply adopt new regulations or even refer to the State code. In addition, Trinidad has significant development limitations, particularly related to density due to the use of onsite wastewater disposal. City staff’s proposed response points out these limitations and emphasizes that the City’s limited staff resources would be better spent on continuing to work on the ADU ordinance and update
HCD HEI Response September 9, 2025 CC Meeting
the LCP. This logically makes sense. However, there are legal and financial implications for the City should HCD determine that Trinidad is out of compliance with its Housing Element. Therefore, staff is asking for concurrence from the City Council on this response.
Based on experiences of other cities (e.g. Blue Lake), HCD prefers to work with jurisdictions to gain compliance rather than resorting to immediate enforcement measures.
However, they will eventually move into enforcement if needed. Staff expects that if HCD is not satisfied with the proposed response, there would be additional correspondence before enforcement actions are taken. At that point, staff would work with HCD staff to determine what steps need to be taken to remain in compliance. This would likely include adoption of ordinance(s) to implement measures HI-2 and HI14 (low barrier navigation centers and multifamily permitting); both would also require submittal of an LCP amendment application to the Coastal Commission. The density bonus law is more difficult, and realistically would never apply in Trinidad, because density is limited to septic capacity and cannot be further reduced than that. But we could work with HCD staff and Coastal Commission staff on a potential ordinance and LCP amendment.
ENVIRONMENTAL REVIEW:
Not applicable.
FISCAL IMPACT
• Is there a fiscal impact? Not at this time
• Is it currently budgeted? No
• Where is it budgeted? NA
• Is it mandatory or discretionary? Mandatory
• Is there a staff resource impact? Minimal
ATTACHMENTS
• July 25, 2025 letter from HCD
• Draft response from the City
(707) 677-0223 • 409 Trinity Street • P.O. Box 390 • Trinidad, CA 95570 • Fax (707) 677-3759 August 19, 2025
Melinda Coy, Housing Accountability Unit Chief
Division of Housing Policy Development
Department of Housing and Community Development
651 Bannon Street, Suite 400
Sacramento, CA 95811
Re: City of Trinidad – Housing Element Implementation Letter of Inquiry Dear Melinda Coy,
This letter is in response to your letter of July 25 requesting additional details regarding Trinidad’s implementation of its Housing Element policies and programs.
1. As previously noted, the City adopted three separate ordinances to implement HI-1 to add or amend provisions manufactured and mobilehomes, single-room occupancy units, transitional and supportive housing, employee housing, residential care facilities and more in accordance with State housing laws. The LCP amendment to certify two of those ordinances is scheduled to be considered by the Coastal Commission on September 10, 2025. That includes Ordinance #2024-01 to update, reorganize, and renumber the zoning ordinance in order to accommodate the housing amendments. The other is Ordinance 2023-02 adding provisions for Reasonable Accommodations. Coastal Commission staff were not able to get Ordinance 2023-01 on this agenda, and it is expected to be heard at the October meeting. The staff report, recommending approval of 2023-02, can be accessed at the following link:
https://www.coastal.ca.gov/meetings/agenda/#/2025/9
The City is still working on an ADU ordinance and trying to reconcile Coastal Act, Trinidad, and HCD policies and regulations. After submitting a draft to HCD for review, the response, dated December 12, 2024, made it apparent that the proposed approach was not working. City staff met with HCD staff (David Barboza, Senior Housing Policy Specialist, HCD ADU Team) on May 19, 2025, to discuss the ordinance and approach. City staff have also met with Coastal Commission staff several times regarding the ADU ordinance. Unfortunately, they were without their ADU position for some time. This ordinance is a priority for City staff, and although staff capacity is limited, we will continue working to August 19, 2025 Trinidad HE Implementation
(707) 677-0223 • 409 Trinity Street • P.O. Box 390 • Trinidad, CA 95570 • Fax (707) 677-3759 revise the ordinance in a timely manner. I do not have an estimated timeline, but hope to have a new draft submitted for review before the end of the year.
Being in the Coastal Zone, the City likely does not have the option to adopt an ordinance simply indicating that the Density Bonus Law will be implemented directly from State statute without an LCP amendment. However, City staff will reach out to Coastal Commission staff about that possibility. If such an approach requires an LCP amendment, that will require a significant amount of analysis that is beyond the capability of the City at this time. Such a small City does not have the staff or resources to spend significant time on an ordinance that will never be applicable. It does not matter how many units in a development are affordable, the density cannot be increased beyond the capacity for an onsite wastewater treatment system. The City must deal with things like bluff retreat, a secure water supply, an ADU ordinance, and a comprehensive LCP update.
These tasks will do more to protect and promote housing in Trinidad than the Density Bonus Law ever will.
2. Low barrier navigation centers should not be considered a significant priority, as Trinidad is too small and too isolated to support a low barrier navigation center.
Such facilities are more appropriately located in larger population centers with more services. Again, the limited staff time and resources the City has are better spent on more applicable and important priorities.
3. As noted in my previous correspondence, the City (staff and the Planning Commission) has reviewed the development standards. The existing standards were not found to be a constraint on development. In fact, the City just approved a 5-unit residential development project in the PD zone, which is the largest residential development in Trinidad in decades, if not ever. Due to being the Coastal Zone, a CDP will always be required for new development, including residential. Therefore, nondiscretionary permitting for multi-family development is not possible. However, the City has drafted regulations to allow administrative CDPs (outside of the Coastal Commission appeal area) which will be submitted to the Coastal Commission with the ADU ordinance.
It must be recognized that most of the constraints on development and affordability of housing in Trinidad are outside of the City’s control. Market forces dictate high property values due to the coastal views and amenities; the compact form of Trinidad and surrounding open space and environmentally sensitive areas limit the developable area; the use of onsite wastewater treatment limits density; being in the Coastal Zone constrains the ability of the City to enact its own land use laws, etc. The list of constraints could go on, including limits on water supply, coastal hazards from bluff retreat, and more. In addition, Trinidad faces significant pressure from tourism that overwhelms the tiny town and puts the City under significant responsibility to maintain public access under the Coastal Act. In addition, conditions, requirements, August 19, 2025 Trinidad HE Implementation
(707) 677-0223 • 409 Trinity Street • P.O. Box 390 • Trinidad, CA 95570 • Fax (707) 677-3759 understanding, and priorities have changed since the existing Housing Element was adopted, and there should be some flexibility in implementing it.
The City understands the need for and recognizes the importance of adequate housing.
As one example, the City has spent years developing regulations for short-term rentals, including a cap on the number of them and other limits to minimize their impact on housing and residents. Trinidad’s ordinance has been used as a model by the Coastal Commission. But there is only so much a City of such a small size and so many constraints can accomplish. If Trinidad were part of a larger jurisdiction, most, if not all of the City would likely be carved out as an exemption to most development-oriented regulations based on environmental and service limitations. City staff hope and request that HCD staff take a reasonable approach with Trinidad and allow the City to prioritize actions that will make more difference to housing in Trinidad than something like the density bonus law.
Trinidad’s LCP was the first in the State to be certified and has not been substantially updated since, making it the oldest LCP in the State. It is inadequate and outdated for many things, including environmental protections, climate resiliency, green infrastructure, hazard avoidance, and much more. The comprehensive LCP update the City is working on will include many benefits for housing and streamlining development applications, and it will make future updates and amendments easier.
City staff need to be able to focus on priorities like the ADU ordinance, LCP update, and water supply to be able to protect and promote housing in Trinidad and the surrounding area.
Trinidad really is unique in many ways with more challenges than most. The current Housing Element cycle is about to end, and the City will soon be working on a new Housing Element. The City hopes to work with HCD staff on a commonsense approach to developing new, realistic policies and programs that comply with the various applicable State laws, benefit housing, meet Trinidad’s needs and obligations, and recognize the significant constraints the City faces.
I hope that the foregoing addresses your questions and concerns. I can be reached at 707-572-8323 or [email protected] if you have any questions or need additional information.
Sincerely,
Trever Parker, City Planner
CONSENT AGENDA ITEM 6
SUPPORTING DOCUMENTATION ATTACHED
6. Authorize staff to submit a project application to the Humboldt County Association of Governments (HCAOG) for 2026 State Transportation Improvement Program (STIP) funding to rehabilitate the pavement on Edwards Street.
CITY OF TRINIDAD STAFF REPORT
DATE: Tuesday, September 9, 2025
TO: Mayor and City Council
FROM: Josh Wolf, City Engineer
ITEM: 2026 State Transportation Improvement Program (STIP) Funding Application
STAFF RECOMMENDATION
Authorize staff to submit a project application to the Humboldt County Association of Governments (HCAOG) for 2026 State Transportation Improvement Program (STIP) funding to rehabilitate the pavement on Edwards Street.
BACKGROUND:
The Humboldt County Association of Governments (HCAOG) is soliciting project applications for the 2026 Regional Transportation Improvement Program (RTIP). The RTIP is the mechanism for programming State Transportation Improvement Program (STIP) funds for regional transportation projects. Applications are due to HCAOG by September 19, 2025.
DISCUSSION
Staff has evaluated potential projects for this funding cycle and identified Edwards Street pavement rehabilitation as the best candidate for the following reasons:
• Limited Funding Availability: The amount available for programming in this cycle is modest, making a focused rehabilitation project the most feasible option. • Ease of Implementation: Rehabilitation of Edwards Street is expected to have relatively straightforward environmental clearance and design requirements, which can be completed quickly and at a low cost. • Critical Community Link: Edwards Street is one of the busiest roads in Trinidad, providing a vital connection between US 101, downtown Trinidad, and the beach and harbor area. Maintaining this corridor is essential for residents, visitors, and local businesses.
The proposed project would include:
• Conform grinding of existing pavement
• Placement of a new hot mix asphalt (HMA) overlay
• Pavement restriping
• Adjustment of utility boxes to grade
These improvements will extend the service life of the roadway, enhance safety, and support the economic vitality of the community by ensuring reliable access to key destinations.
If approved, staff will complete the required Project Candidate Form and Project Study Report for submittal to HCAOG. The project will be considered for inclusion in the 2026 RTIP, with funding recommendations discussed at the October 2, 2025, Technical Advisory Committee (TAC) meeting.
FISCAL IMPACT
If the application is successful, the City would receive STIP funds to cover eligible project costs. A local match may be required, and staff will identify potential sources as part of the application process.
ATTACHMENTS
• Draft Project Candidate Form (to be completed upon Council approval) • HCAOG Call for Projects Letter
Hello TAC Members,
For any projects you would like to have considered for the 2026 Regional Transportation Improvement Plan (RTIP) please complete the attached Project Candidate Form and return to HCAOG along with a Project Study Report (or PSR equivalent) by September 19, 2025.
The target amount available for programming is $2,333,000. The maximum programming capacity is $5,293,000 through 2031-32. The CTC can fund between the target and maximum shares when other regions do not program to their target. Any funds programmed above the target come out of future shares.
Funding recommendations for projects to be included in the 2026 RTIP will be discussed at the October 2
nd TAC meeting. Further key dates in
the development of the 2026 RTIP are summarized below.
The full schedule is as follows:
CTC adopts Fund Estimate & Guidelines August 14-15, 2025 Caltrans identifies State highway needs September 15, 2025 Project Solicitation forms due September 19, 2025
TAC recommends 2026 STIP funding October 2, 2025
CTC ITIP hearing, North October 30, 2025
TAC recommends draft RTIP November 6, 2025
Board approves draft RTIP November 20, 2025
Regions submit RTIPs December 15, 2025
Caltrans submits final ITIP December 15, 2026
CTC STIP hearing, North January 28, 2026
CTC publishes staff recommendations February 27, 2026
CTC adopts STIP March 19-20, 2026
Please let me know if you have any questions.
Sincerely,
Brendan Byrd, PE
Executive Director
Humboldt County Association of Governments
HCAOG
Regional Transportation
Planning Agency
611 I Street, Suite B
Eureka, CA 95501
707.444.8208
Fax: 707.444.8319
www.hcaog.net
Members:
City of Arcata
City of Blue Lake
City of Eureka
City of Ferndale
City of Fortuna
City of Rio Dell
City of Trinidad
County of Humboldt
HCAOG
2026 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) –
PROJECT CANDIDATE FORM
RTIP programming background:
If the project is on a State Highway, a Project Study Report (PSR) is required. If not, a PSR equivalent is required. The PSR equivalent at a minimum must be adequate to define and justify the project scope, cost and schedule. The PSR or PSR equivalent must be submitted with this programming request.
Applicant Agency:
Project Title:
Project Purpose: What transportation deficiency will this project address (safety, congestion, operations, plan implementation, etc.)? If a safety project, will the project reduce fatalities or number and severity of injuries?
Project Location (community name, corridor, street name, etc.):
Project Description:
Is the project in the 2022 RTP?
Are you requesting State only funding?
What community engagement activities have been conducted for this project so far? To the maximum extent feasible, have complete streets elements been included in the project? Explain.
Does your project funding request include uncommitted funds? Explain.
If a rehabilitation project, is it located on a federal-aid eligible road (higher than a local or minor collector road? Link to Caltrans maps: http://www.dot.ca.gov/hq/tsip/hseb/crs_maps Provide Project Component funding needs:
Project Component Cost
Estimate
STIP Funding
Request
Other fund
contribution
Allocation
Schedule
Environmental Studies & Permits $ $ $
Plans, Specifications & Estimates $ $ $
Right of Way $ $ $
Construction $ $ $
Total $ $ $
Please describe any other relevant information about this project you feel will be useful in project selection. Additional attachments (i.e. maps, photos) may also be included with the submittal.
DISCUSSION AGENDA ITEM 1
SUPPORTING DOCUMENTATION ATTACHED
1. Accept Resignation of Councilmember Carrie Varela and Authorize Staff to Begin Recruitment to Fill the Vacancy.
DISCUSSION AGENDA ITEM
Tuesday, September 09, 2025
Item: Accept Resignation of Councilmember Carrie Varela and Authorize Staff to Begin Recruitment to Fill the Vacancy.
Councilmember Carrie Varela has submitted a letter of resignation. The Council must first act by accepting the resignation, and authorize staff to begin recruitment.
Varela was elected in November 2024 and will have served 8 months of a 4-year term upon acceptance of her resignation. The City must actively seek a replacement for the remainder of her term through December 2028*.
California Election law mandates the City fill the vacancy by appointment within 60 days or call for a special election.
*A successful candidate will be able to serve until the next General Election (November 2026). If they wish to continue beyond that date and serve the full term, they will have to complete the nomination process next summer to have their name appear on the November 2026 ballot, and win that election seat in order to serve the full term through December 2028.
The current Councilmember terms are:
Kelly Term Expires December 2026
Tuttle Term Expires December 2026
Breckenridge Term Expires December 2026
Vacant Term Expires December 2028 - subject to a certification vote in November 2026.
Kenny Term Expires December 2028 –
Basic eligibility requirements for serving on the City Council are:
- Must reside inside the city limits
- Must be a registered voter, inside the City limits.
The City Council is responsible for appointing a new member to fulfill the remaining term, and may set whatever qualifications, criteria, and experience they feel is necessary for the applicants to have.
Staff will begin the outreach immediately following the Council’s acceptance of Varela’s resignation, and direction to proceed with recruitment.
Action Requested: Accept Resignation of Councilmember Carrie Varela and Authorize Staff to Begin Recruitment to Fill the Vacancy.
Attachments: Varela Letter of Resignation
Council Vacancy Recruitment Flyer/Outreach
TRINIDAD CITY HALL Cheryl Kelly, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
Wednesday, September 09, 2025
PUBLIC ANNOUNCEMENT OF VACANCY ON THE
TRINIDAD CITY COUNCIL
THE CITY OF TRINIDAD IS CURRENTLY SEEKING AN INDIVIDUAL TO FILL (1) VACANCY ON THE TRINIDAD CITY COUNCIL.
TERM: THROUGH DECEMBER 2026
REGISTERED VOTERS RESIDING WITHIN THE CITY OF TRINIDAD MAY
SEND A LETTER OF INTEREST, INCLUDING QUALIFICATIONS, TO THE CITY CLERK AT:
CITY OF TRINIDAD
P.O. BOX 390
TRINIDAD, CA 95570
Email to: [email protected]
OR YOU MAY DELIVER THE LETTER IN PERSON TO:
TRINIDAD CITY HALL
409 TRINITY STREET
TRINIDAD, CA
THE DEADLINE FOR FILING IS
FRIDAY, OCTOBER 10, 2025, 5:00 PM.
POSITION WILL REMAIN OPEN BEYOND THE DEADLINE UNTIL FILLED IF NO QUALIFIED APPLICANTS ARE SELECTED.
FOR ADDITIONAL INFORMATION OR QUESTIONS, PLEASE CALL 677-0223.
Gabriel Adams
Trinidad City Clerk
DISCUSSION AGENDA ITEM 2
SUPPORTING DOCUMENTATION SUBMITTED
2. Discussion/Decision regarding Resolution 2025-08; Authorizing the City Manager to Sign a Memorandum of Agreement Between with the County of Humboldt, Division of Environmental Health, to Continue Serving as the City Health Officer.
County DEH MOA September 9, 2025 CC Meeting
CITY OF TRINIDAD STAFF REPORT
DATE: Tuesday September 9, 2025
TO: Trinidad City Council and Planning Commission
FROM: Trever Parker, City Planer
AGENDA ITEM: County DEH MOA: Discussion/Decision regarding entering into a new Memorandum of Agreement for services from the Humboldt County Division of Environmental Health and the first reading of Ordinance 2025-03 amending the Trinidad Municipal Code to facilitate the new agreement.
STAFF RECOMMENDATION
That the City Council:
1. Approve Resolution 2025-08, which does the following:
A. Approves the Memorandum of Agreement (MOA) between the City of Trinidad and Humboldt County Department of Health and Human Services (DHHS), Public Health (PH), Division of Environmental Health (DEH) to implement services within the City;
B. Authorizes the City Manager, or a designee thereof, to execute the agreement; C. Authorizes the City Manager, or a designee thereof, to sign minor amendments and supplemental documents directly related to the MOA upon approval of the City Attorney; and
D. Authorizes City staff to work out details of implementation with DEH staff.
2. Approve the first reading of Ordinance 2025-03 amending sections of the Trinidad Municipal relating to the Health Officer and providing a regulatory framework for implementing the MOA.
BACKGROUND/DISCUSSION
Memorandum of Agreement
The Humboldt County DEH provides a variety of services for regulated facilities throughout the county, including those located in incorporated cities. Services such as restaurant inspections and plan reviews, pool inspections, body art facility inspections, hazardous materials oversight, solid waste handling facility inspections, and onsite wastewater treatment system (OWTS) design and inspections are provided on a regular basis. The authority and responsibility for completing these services is articulated in outdated agreements, local referenda and codes, and State law. Trinidad’s agreement with DEH dates to 1979 with a minor amendment in 1987 to address fee updates. This
County DEH MOA September 9, 2025 CC Meeting
agreement is significantly outdated, and the breadth of services DEH provides has substantially increased since then.
State laws authorize the DEH to administer certain environmental health programs throughout the county, with the agreement of the governing board of the incorporated city, for the performance of health officer functions for any or all enforcement functions within the city related to ordinances of public health and sanitation, including inspections and other related functions as stated in California Health and Safety Code Section 101400, et seq. as well as California Government Code Sections 23008 and 51300, et seq. DEH will complete Organics Waste Recovery Inspections, required by SB1383 and Humboldt County Code Section 521-13, within the unincorporated area of the county and can offer inspections for Tier 1 and 2 edible food generators within city limits. Additionally, if cities choose to adopt the recently approved County Tobacco Retail Licensing Ordinance, DEH can provide oversight within city limits and reduce illegal tobacco marketing and sales to minors.
The primary service DEH currently provides in the City is to oversee the permitting and construction/repair of Onsite Wastewater Treatment systems (OWTS). (They do not implement the City’s OWTS Management Program (operating permits)). Other services include retail food permitting and inspections, recreational health – public beaches (bacterial monitoring and posting), hazardous materials (e.g. storage tanks at the gas station), and geotechnical drilling.
DEH also responds to a variety of complaints from the community ranging from rabies reports to foodborne illness, to hazardous materials spills and others. Some complaints come from residents of incorporated cities of the county and are frequently associated with properties within city limits, including Trinidad. Currently DEH has oversight of approximately 1,626 facilities in the incorporated cities including 82 facilities in the City of Trinidad. Updating the agreement between the City and DEH will clarify which regulatory services DEH will provide, including response to complaints, and to offer new services.
Regulatory services will be billed to individual facilities based on the current Humboldt County Schedule of Fees. Most of the fees are covered by the facility owner(s) through permit fees. Complaint responses, unless related to enforcement actions, will be billed to the incorporated cities based on the responding program, time, and hourly rates as published in the Humboldt County Schedule of Fees. Enforcement actions will be billed on a case-by-case basis to the responsible parties in accordance with applicable regulations.
The attached MOA template has been approved by the County Board of Supervisors and reviewed by both the City Attorney and County Counsel. The template may be modified to best serve the needs of Trinidad and will be reviewed by Humboldt County, and the City on a five-year cycle.
County DEH MOA September 9, 2025 CC Meeting
Ordinance 2025-03
In order to better define the Health Officer and their role and to implement the MOA, staff have proposed this ordinance to amend the Trinidad Municipal Code. The amendments include Chapter 8.04 (Health Officer) and Chapter 13.12 (OWTS Ordinance). The ordinance amendments cover all services offered by DEH, but not all services will be utilized by Trinidad at this time. It gives DEH appropriate authority to implement the MOA in the City. Note that although DEH will respond to and investigate complaints, code enforcement / nuisance abatement responsibility will generally be with the City if a violation is found and not immediately corrected.
ENVIRONMENTAL REVIEW:
Not applicable.
FISCAL IMPACT
• Is there a fiscal impact? Yes, estimated at not to exceed $1,500/FY quarter. • Is it currently budgeted? No
• Where is it budgeted? NA – will be General Fund Contracted Services 75300 • Is it mandatory or discretionary? Both. It is mandatory for the City to have a Health Officer to implement certain state laws. However, it is discretionary whether to contract with the County for those services.
• Is there a staff resource impact? Minimal
ATTACHMENTS
• Humboldt County DEH MOA (with attachments)
• Ordinance 2025-03
City of Trinidad Resolution 2025-08 Page 1 of 1
Trinidad City Hall Cheryl Kelly, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
707-677-0223
RESOLUTION 2025-08
A RESOLUTION OF THE TRINIDAD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO
SIGN A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF HUMBOLDT FOR
ENVIRONMENTAL HEALTH SERVICES
WHEREAS, the City of Trinidad has contracted with Humboldt County to provide Environmental Health Services and to serve as the City’s Health Officer since 1979; and WHEREAS, the existing agreement is outdated; and
WHEREAS, the Humboldt County Board of Supervisors has approved a template Memorandum of Agreement (MOA) for Environmental Services between the County and cities; and WHEREAS, the City Attorney has reviewed the MOA and made minor revisions acceptable to the County.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Trinidad hereby approves the MOA between the County of Humboldt and City of Trinidad and:
1. Authorizes the City Manager, or a designee thereof, to execute the agreement; and
2. Authorizes the City Manager, or a designee thereof, to sign minor amendments and supplemental documents directly related to the MOA upon approval of the City Attorney; and
3. Authorizes City staff to work out details of implementation with DEH staff.
PASSED AND ADOPTED BY THE TRINIDAD CITY COUNCIL of Humboldt County of the State of California this 9th day of September 2025.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the Trinidad City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
___________________________ ________________________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
COUNTY DEH-CITY OF TRINIDAD MOA Page 1 of 12
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
COUNTY OF HUMBOLDT
AND
CITY OF TRINIDAD
FOR ENVIRONMENTAL HEALTH SERVICES
FOR FISCAL YEARS [2025-2026] THROUGH [2044-2045]
This Memorandum of Agreement (this “MOA” or this “Agreement”), entered into this _____ day of ____________ 2025, by and between the County of Humboldt, a political subdivision of the State of California, hereinafter referred to as “COUNTY”, and the City of Trinidad, hereinafter referred to as “CITY”, supersedes the original MOU first entered into on February 27, 1979, is made upon the following considerations:
WHEREAS, in 1979, the parties entered into an agreement for Environmental Health Services wherein the COUNTY agreed to furnish health officer related functions to the CITY in consideration of compensation; and
WHEREAS, the County Board of Supervisors and the governing board of any incorporated city may enter into contract for the performance of health officer functions for any or all enforcement functions within the city related to ordinances of public health and sanitation, and all inspections and other related functions as stated in California Health and Safety Code Section 101400, et seq. as well as California Government Code Sections 23008 and 51300, et seq.; and
WHEREAS, subsequent to the existing agreement, State laws have directly authorized the COUNTY to administer certain environmental health programs throughout the COUNTY, and the COUNTY instituted a Director of Environmental Health to administer and enforce environmental health programs and to oversee a separate County Division of Environmental Health (DEH); and WHEREAS, the parties desire to update and clarify their contractual relationship related to environmental health services offered within the CITY, where such services depend in part on a contractual relationship; and
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and promises contained herein, the parties hereto mutually agree as follows:
1. RIGHTS AND RESPONSIBILITIES OF THE PARTIES:
A. The COUNTY, through its Public Health Officer, its Director of the Division of Environmental Health (DEH), or designee, shall:
1. Implement and enforce within the CITY, as shown in Exhibit A, environmental health laws and regulations, as amended or adopted by the State, which the COUNTY’s DEH and/or Health Officer is mandated by law or otherwise authorized by the State to administer county-wide. Exhibit A sets forth these programs as of the effective date of this Agreement.
2. Provide within the CITY, to the same extent as in the unincorporated COUNTY, the basic environmental health services set forth in Section 1276 of Title 17 of the California Code of Regulations and established by the Board of Supervisors based on powers that apply county-wide or as may be amended by the Board. Exhibit A describes these environmental COUNTY DEH-CITY OF TRINIDAD MOA Page 2 of 12
health programs, as of the effective date of this Agreement, with specific information on the scope of implementation by DEH within the COUNTY and CITY with adoption of this Agreement.
3. Where supported by parallel CITY ordinance, administer and enforce within the CITY additional discretionary environmental health programs to the same extent implemented and enforced in the unincorporated areas of the COUNTY. Exhibit A, paragraph 6.2, sets forth these programs as of the effective date of this Agreement.
4. Refer non-compliant and/or recalcitrant operators found to be in violation of applicable regulations to CITY enforcement program staff after exhausting administrative procedures as followed for regulated enterprises and/or properties in unincorporated county areas. The referral shall follow the procedures outlined in Exhibit D, EH-03-001, Code Enforcement Unit Referral Format.
5. Keep accurate records related to the consumption of materials, use of equipment and professional third-party services (laboratory analysis, professional services and/or consultation) necessary during the investigation of any received complaint or routine regulatory inspection for reimbursement purposes. Costs shall be paid by either the operator of the regulated facility found to be in violation of applicable regulations or the CITY when services are rendered in response to a request from CITY staff.
6. Cooperate with the CITY to resolve violations of public health or environmental health programs that simultaneously implicate both CITY-administered and COUNTYadministered programs.
7. Ensure cooperation by COUNTY staff with CITY staff and departments during the performance of public health and environmental health functions within the CITY.
B. The CITY shall:
1. Continue to vest full authority in the COUNTY’s Public Health Officer and DEH to perform all functions identified in Exhibit A, respectively and pursuant to California Health and Safety Code Sections 101375-101380 implemented by CITY Council Resolution (RESOLUTION 2025-08).
2. Promptly respond to orders and/or directives issued pursuant to Section 1(A)(3) for information or action in which the COUNTY Public Health Officer has indicated there is a potential public health risk which will require the CITY to take steps to mitigate such risk. County directed action could require additional municipal services than what CITY is currently providing.
3. Ensure cooperation by CITY staff with the COUNTY Department of Public Health and DEH in the performance of public health and environmental health functions within the CITY, including compliance with orders and directives issued by the County Health Officer related to DEH programs described Exhibit A.
4. Submit to the CITY Council, on an ongoing and as-needed basis, proposed Municipal Code revisions to (1) remove provisions that purport to authorize or require the Public Health Officer, Director of Public Health, or DEH to provide any public health or environmental health service, or to administer or enforce within the CITY any public or environmental COUNTY DEH-CITY OF TRINIDAD MOA Page 3 of 12
health program, which is not within the scope of this Agreement; and (2) to amend any provisions related to programs that are within the scope of this Agreement as needed to conform to the terms of this Agreement.
5. For programs that are based on ordinances, rather than State law, provide by ordinance that persons intending to engage in or engaged in regulated activities must seek and obtain plan approvals and permits as specified by the COUNTY, must comply with applicable COUNTY requirements and procedures, and must pay applicable fees and any assessed penalties.
6. Refer complaints to DEH received by the CITY concerning COUNTY-administered programs included within this Agreement and listed in Exhibit C (DEH Complaint Subject Titles and Definitions 2023), including but not limited to, complaints about unpermitted food or body art vendors, or businesses unlawfully operating without a Certified Unified Program Agency (CUPA) permit for hazardous materials and waste. DEH can help with complaints unrelated to regulated facilities upon receipt of request from the CITY.
7. Obtain DEH approval of building permit applications and business license applications for retail food facilities, body art facilities, and public pools and spas; direct persons or entities proposing to handle, process or transfer municipal volumes of solid waste (including organic waste) to contact DEH prior to operations. Obtain DEH approval on applications for development on, or near, parcels within the CITY that are known to contain buried solid waste.
8. Cooperate with the COUNTY to resolve violations of public health or environmental health programs that simultaneously implicate both CITY-administered and COUNTYadministered programs.
9. Provide, where appropriate and when City resources allow, for code enforcement processes, or criminal prosecution when appropriate, to ensure thorough enforcement of the law and ultimate protection of public health and the environment.
10. Compensate the COUNTY, as described below in Section 2, Compensation, for services, and materials provided in programs with no explicit fee for service mechanism. Examples of non-fee-based services include response to complaints related to assessment of vector infestation, evaluation of potential water quality problem from animal keeping, and/or nonbusiness hazardous waste disposal violations.
C. The parties shall:
1. Communicate, coordinate, and collaborate on public health and environmental health matters related to:
a. Routine day-to-day operations as discussed above in section 1.A. b. Emerging public health concerns that may lead to communicable disease outbreaks from programs discussed in section 1.A.
c. Incidents, including:
i. A disaster such as a manmade or natural catastrophe that causes or may lead to illness or loss of life when related to programs discussed in section 1.A.
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ii. An outbreak which is an increase in number of communicable disease cases beyond what is normally expected in a geographic region. The CITY will rely on the COUNTY to provide notification related to outbreaks associated with programs discussed in section 1.A.
2. The COUNTY’s Director of Environmental Health and the CITY’s (insert assigned staff) shall be the primary liaisons for communications, and collaboration for environmental health matters as described in section 1.A. The parties shall notify each other designated liaisons.
3. The COUNTY’s Public Health Officer and Director of Environmental Health, or their respective designees, shall both participate in communication and collaboration on emerging incidents when the participation of both COUNTY officials are necessary under the specific circumstances.
4. Where authorized by State law, the COUNTY may recover costs associated with services provided within the CITY through fees and charges to persons served. For services that are based on CITY ordinances, CITY shall, by ordinance, authorize the COUNTY to assess fees and charges to fully recover associated costs from persons served, or notwithstanding and other provision of this Agreement, COUNTY will have no obligation to provide those services.
2. COMPENSATION:
Where DEH services are not funded by a County Board of Supervisor approved fee, or grant award applicable to areas within CITY limits, all costs associated with the service shall be borne by the CITY.
These costs shall be limited to services explicitly requested by CITY to be performed by DEH. Costs incurred pursuant to this section shall not exceed $1,500.00 per fiscal quarter absent express written consent of CITY, subject to the foregoing not to exceed limitation. DEH shall submit to CITY an invoice substantiating the costs and expenses incurred pursuant to the terms and conditions of this Agreement no later than ninety (90) days after acceptance and completion of the work described herein. Invoices shall reflect all efforts undertaken by DEH within CITY jurisdiction to include hours spent related to the service provided as well as costs related to consumption of materials, use of equipment, and use of professional third-party services (laboratory analysis, professional services and/or consultation) as deemed necessary by DEH. CITY shall promptly pay for any and all costs and expenses incurred pursuant to the terms and conditions of this Agreement but in no event not later than ninety (90) days after the receipt of said invoice.
CITY shall send all payments to the COUNTY. Payment is accepted via money order, credit card or check, if delivered to:
Humboldt County Division of Environmental Health
100 H Street, Suite 100
Eureka, CA 95501
3. GOVERNING LAW:
This Agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California.
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4. THIRD PARTY BENEFICIARIES EXCLUDED:
This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited.
5. AMENDMENTS TO AGREEMENT:
Any party may propose amendments to this Agreement by providing written notices of such amendments to the other party. This Agreement may only be amended by a written amendment signed by both parties.
6. SEVERABILITY:
If any terms or provisions of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this Agreement shall be valid and enforced to the maximum extent permitted by law.
7. TERM:
This MOA shall begin on the date each of the parties have signed this Agreement and be in force until either party terminates this Agreement pursuant to Section 9, below, or after twenty (20) years, whichever date is earlier. If this Agreement is terminated without a superseding agreement, each party shall fulfill its obligations in accordance with State law.
8. FIVE YEAR REVIEW:
COUNTY and CITY shall jointly review this Agreement no less than every five (5) years to determine whether any amendments to this Agreement are necessary and to evaluate programs within the scope of this Agreement and environmental health programs implemented that may require appropriate amendments to the Agreement.
9. TERMINATION:
A. Termination for Cause. If either party fails to adequately perform the services required hereunder, fails to comply with the terms or conditions set forth herein, or violates any local, state, or federal law, regulation or standard applicable to its performance hereunder, the nonbreaching party may terminate the MOA for cause. However, prior to termination, the breaching party shall be given a written notice of the breach specifying the violation and a reasonable cure period. The breaching party shall have fourteen (14) days to rectify the breach. If the breach remains uncured at the end of the cure period, the non-breaching party may terminate the MOA by providing written notice to the breaching party, effective immediately.
B. Termination without Cause. Either party may terminate this MOA without cause upon thirty (30) days advance written notice to the other party which states the effective date of the termination.
10. NOTICES:
Any and all notices required to be given pursuant to the terms and conditions of this MOA shall be in COUNTY DEH-CITY OF TRINIDAD MOA Page 6 of 12
writing and either served personally or sent by certified mail, return receipt requested, to the respective addresses set forth below.
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.
COUNTY: Humboldt County Division of Environmental Health 100 H Street, Suite 100
Eureka, California 95501
CITY: City Manager, City of Trinidad
P.O. Box 390
Trinidad, CA 95570
11. REPORTING REQUIREMENTS:
Each party hereby agrees to prepare and submit any and all reports that may be required by any local, state and/or federal agencies for compliance with this MOA. Any and all reports required hereunder shall be prepared in a format that complies with the Americans with Disabilities Act, and any other applicable local, state, and federal accessibility laws, regulations, and standards. Any and all reports required hereunder shall be submitted in accordance with any and all applicable timeframes using the format required by the State of California as appropriate.
12. RECORD RETENTION AND INSPECTION:
A. Maintenance and Preservation of Records. Each party hereby agrees to timely prepare accurate and complete records, documents and other evidence relating to its performance hereunder, as otherwise required by any and all applicable local, state, and federal laws, regulations, and standards, except that if any litigation, claim, negotiation, audit or other action is pending, such records shall be retained until completion and resolution of all issues arising therefrom.
B. Inspection of Records. Each party hereby agrees to make any and all records, documents and other evidence relating to its performance hereunder available during normal business hours to inspection, audit, and reproduction by any duly authorized local, state and/or federal agencies as otherwise required by any and all applicable local, state, and federal laws, regulations, or standards. Each party further agrees to allow interviews of any of its employees who might reasonably have information related to such records by any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted pursuant to the terms and conditions of this MOA shall be strictly confined to those matters connected with the performance of the duties and obligations set forth herein, including, without limitation, the costs of administering this MOA.
C. Audit Costs. In the event of an audit exception or exceptions related to the performance of this MOA, the party responsible for not meeting the requirements set forth herein shall be responsible for the cost of the audit.
13. CONFIDENTIAL INFORMATION:
A. Disclosure of Confidential Information. In the performance of this MOA, each party may receive information that is confidential under local, state, or federal law. Each party hereby agrees to protect all confidential information in conformance with any and all applicable local, state, and federal laws, regulations, policies, procedures and standards, including, without limitation:
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Division 19 of the California Department of Social Services Manual of Policies and Procedures – Confidentiality of Information; California Welfare and Institutions Code Sections 827, 5328, 10850 and 14100.2; California Health and Safety Code Sections 1280.15 and 1280.18; the California Information Practices Act of 1977; the California Confidentiality of Medical Information Act (“CMIA”); the United States Health Information Technology for Economic and Clinical Health Act (“HITECH Act”); the United States Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and any current and future implementing regulations promulgated thereunder, including, without limitation, the Federal Privacy Regulations contained in Title 45 of the Code of Federal Regulations (“C.F.R.”) Parts 160 and 164, the Federal Security Standards contained in 45 C.F.R. Parts 160, 162 and 164 and the Federal Standards for Electronic Transactions contained in 45 C.F.R. Parts 160 and 162, all as may be amended from time to time.
B. Continuing Compliance with Confidentiality Requirements. Each party hereby acknowledges that local, state, and federal laws, regulations and standards pertaining to confidentiality, electronic data security and privacy are rapidly evolving, and that amendment of this MOA may be required to ensure compliance with such developments. Each party agrees to promptly enter into negotiations concerning an amendment to this MOA embodying written assurances consistent with the requirements of HIPAA, the HITECH Act, the CMIA and any other applicable local, state, and federal laws, regulations, or standards.
14. NON-DISCRIMINATION COMPLIANCE:
A. Professional Services and Employment. In connection with the execution of this MOU, neither party shall unlawfully discriminate in the provision of professional services or against any employee or applicant for employment because of: race; religion or religious creed; color; age, over forty (40) years of age; sex, including, without limitation, gender identity and expression, pregnancy, childbirth and related medical conditions; sexual orientation, including, without limitation, heterosexuality, homosexuality and bisexuality; national origin; ancestry; marital status; medical condition, including, without limitation, cancer and genetic characteristics; mental or physical disability, including, without limitation, HIV status and AIDS; political affiliation; military service; denial of family care leave; or any other classifications protected by any and all applicable local, state or federal laws, regulations or standards, all as may be amended from time to time. Nothing herein shall be construed to require employment of unqualified persons.
B. Compliance with Anti-Discrimination Laws. Each party further assures that it will abide by the applicable provisions of: Title VI and Title VII of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Food Stamp Act of 1977; Title II of the Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act; California Civil Code Sections 51, et seq.; California Government Code Sections 4450, et seq.; California Welfare and Institutions Code Section 10000; Division 21 of the California Department of Social Services Manual of Policies and Procedures; United States Executive Order 11246, as amended and supplemented by United States Executive Order 11375 and 41 C.F.R. Part 60; and any other applicable local, state or federal laws, regulations or standards, all as may be amended from time to time. The applicable regulations of the California COUNTY DEH-CITY OF TRINIDAD MOA Page 8 of 12
Fair Employment and Housing commission implementing California Government Code Section 12990, set forth in Sections 8101, et seq. of Title 2 of the California Code of Regulations are incorporated into this MOA by reference as if set forth in full.
15. NUCLEAR-FREE HUMBOLDT COUNTY ORDINANCE COMPLIANCE:
By executing this MOA, CITY certifies that it is not a Nuclear Weapons Contractor, and that CITY is not knowingly or intentionally engaged in the research, development, production or testing of nuclear warheads, nuclear weapons systems or nuclear weapons components as defined by the Nuclear Free Humboldt County Ordinance. CITY agrees to notify COUNTY immediately if it becomes a Nuclear Weapons Contractor as defined above. COUNTY may immediately terminate this MOA if it determines that the foregoing certification is false or if CITY subsequently becomes a Nuclear Weapons Contractor.
16. INDEMNIFICATION:
A. Mutual Indemnity. Each party hereto shall hold harmless, defend and indemnify the other party and its agents, officers, officials, employees and volunteers from and against any and all claims, demands, losses, damages, liabilities, expenses and costs of any kind or nature, including, without limitation, attorney’s fees and other costs of litigation, arising out of, or in connection with, the negligent performance of, or failure to comply with, any of the duties and/or obligations contained in this Agreement and its exhibits, except such loss or damage which was caused by the sole negligence or willful misconduct of the other party or its agents, officers, officials, employees or volunteers.
B. Comparative Liability. Notwithstanding anything to the contrary, in the event that both parties are held to be negligently or willfully responsible, each party will bear their proportionate share of liability. In such cases, each party will bear their own costs and attorney’s fees.
C. Effect of Insurance. Acceptance of the insurance required hereunder shall not relieve either party from liability under this provision. This provision shall apply to all claims for damages related to either party’s performance under this Agreement, regardless of whether any insurance is applicable or not.
17. INSURANCE REQUIREMENTS:
A. General Insurance Requirements. Without limiting the parties’ indemnification obligations set forth herein, each party shall maintain in full force and effect, at its own expense, any and all appropriate comprehensive general liability, comprehensive automobile, workers’ compensation, and professional liability insurance policies.
B. Insurance Notices. Any and all insurance notices required hereundershall be sent to the addresses set forth below in accordance with the notice requirements contained herein.
COUNTY: County of Humboldt
Attention: Risk Management
825 Fifth Street, Room 131
Eureka, California 95501
CITY: City Manager, City of Trinidad
P.O. Box 390
Trinidad, CA 95570
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18. RELATIONSHIP OF PARTIES:
It is understood that this MOA is by and between two (2) independent entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, legal partnership, joint venture, or any other similar association. Each party shall be solely responsible for the acts or omissions of its agents, officers, employees, assignees, and subcontractors.
19. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND STANDARDS:
A. General Legal Requirements. Each party hereby agrees to comply with any and all local, state, and federal laws, regulations, policies, procedures, and standards.
B. Licensure Requirements. Each party hereby agrees to comply with any and all local, state, and federal licensure and certification requirements applicable to its performance hereunder.
C. Accessibility Requirements. Each party hereby agrees to comply with any and all applicable accessibility requirements set forth in the Americans with Disabilities Act, Section 508 of the Rehabilitation Act of 1973, as amended, California Government Code Section 1135 and any current and future implementing regulations, policies, procedures and standards promulgated thereunder, including, without limitation, the federal accessibility standards set forth in 36 C.F.R.
Section 1194.1, all as may be amended from time to time.
D. Conflict of Interest Requirements. Each party hereby agrees to comply with any and all applicable conflict of interest requirements set forth in the California Political Reform Act and any current and future implementing regulations, policies, procedures, and standards promulgated thereunder, including, without limitation, COUNTY’s Conflict of Interest Code, all as may be amended from time to time.
20. EVIRONMENTAL IMPACT EVALUATION:
Lead and Responsible Agency designation for any projects performed under this MOU will be in conformance with California Environmental Quality Act (CEQA) Guidelines. If after reasonable diligence the parties cannot agree which agency is lead for a particular project, the parties will request a Lead Agency determination from the State Office of Planning and Research. Where applicable, the Lead Agency shall consider and evaluate impacts on Public Trust resources.
21. PROVISIONS REQUIRED BY LAW:
This MOA is subject to any additional local, state, and federal restrictions, limitations or conditions that may affect the terms, conditions, or funding of this MOA. This MOA shall be read and enforced as though all legally required provisions are included herein, and if for any reason any such provision is not included, or incorrectly stated, the parties agree to amend the pertinent section to make such insertion or correction.
22. REFERENCE TO LAWS, REGULATIONS AND STANDARDS:
In the event any law, regulation or standard referred to herein is amended during the term of this MOA, the parties agree to comply with the amended provision as of the effective date thereof.
23. PROTOCOLS:
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Each party hereby agrees that the inclusion of additional protocols may be required to make this MOA specific. All such protocols shall be negotiated, determined and agreed upon by each party hereto.
24. SEVERABILITY:
If any provision of this MOA, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this MOA.
25. ASSIGNMENT:
Neither party shall delegate its duties nor assign its rights hereunder, either in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision shall be void and shall be cause for immediate termination of this MOA. This provision shall not be applicable to service agreements or other arrangements usually or customarily entered into by either party to obtain supplies, technical support, or professional services.
26. AGREEMENT SHALL BIND SUCCESSORS:
All provisions of this MOA shall be fully binding upon, and shall inure to the benefit of, the parties and to each of their heirs, executors, administrators, successors and permitted assigns.
27. WAIVER OF DEFAULT:
The waiver by either party of any breach of this MOA shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this MOA.
28. NON-LIABILITY OF OFFICIALS AND EMPLOYEES:
No official or employee of either party shall be personally liable for any default or liability under this MOA.
29. AMENDMENT:
This MOA may be amended at any time during the term hereof upon the mutual consent of both parties. No addition to, or alteration of, the terms of this MOA shall be valid unless made in writing and signed by an authorized representative of each party hereto.
30. STANDARD OF PRACTICE:
Each party warrants that it has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances.
Each party’s duty is to exercise such care, skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.
31. JURISDICTION AND VENUE:
This MOA shall be construed in accordance with the laws of the State of California. Any dispute relating hereto shall be litigated in the State of California and venue shall lie in the County of Humboldt unless transferred by court order pursuant to California Code of Civil Procedure Sections 394 or 395.
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32. ADVERTISING AND MEDIA RELEASE:
Each party shall obtain the written approval of the other party before any informational material related to this MOA may be used as advertising or released to the media, including, without limitation, television, radio, newspapers, and internet. Each party shall inform the other party of any and all requests for interviews by media related to this MOA before such interviews take place; and the other party shall be entitled to have a representative present at such interviews. Any and all notices required by this provision shall be provided in accordance with the notice requirements set forth herein.
33. SURVIVAL OF PROVISIONS:
The duties and obligations of the parties set forth in Section 10 – Record Retention and Inspection, Section 11 – Confidential Information and Section 14 – Indemnification shall survive the expiration or termination of this MOU.
34. CONFLICTING TERMS OR CONDITIONS:
In the event of any conflict in the terms or conditions set forth in any other agreements in place between the parties hereto and the terms and conditions set forth in this MOA, the terms and conditions set forth herein shall have priority.
35. INTERPRETATION:
This MOA, as well as its individual provisions, shall be deemed to have been prepared equally by each of the parties hereto, and shall not be construed or interpreted more favorably for one (1) party on the basis that the other party prepared it.
36. INDEPENDENT CONSTRUCTION:
The titles of the sections and subsections set forth herein are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this MOA.
37. FORCE MAJEURE:
Neither party hereto shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control, and without the fault or negligence, of such party. Such events shall include, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism or other disasters, whether or not similar to the foregoing.
38. ENTIRE AGREEMENT:
This MOA contains all of the terms and conditions agreed upon by the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this MOA shall be deemed to exist or to bind either of the parties hereto. In addition, this MOA shall supersede in their entirety any and all prior agreements, promises, representations, understandings, and negotiations of the parties, whether oral or written, concerning the same subject matter. Any and all acts which may have already been consummated pursuant to the terms and conditions of this MOA are hereby ratified.
39. COUNTERPART EXECUTION:
This MOA, and any amendments hereto, may be executed in one (1) or more counterparts, each of COUNTY DEH-CITY OF TRINIDAD MOA Page 12 of 12
which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one (1) and the same agreement. This MOA, and any amendments hereto, may be signed by manual or electronic signatures in accordance with any and all applicable local, state, and federal laws, regulations and standards, and such signatures shall constitute original signatures for all purposes. A signed copy of this MOA, and any amendments hereto, transmitted by email or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this MOA and any amendments hereto.
40. AUTHORITY TO EXECUTE:
Each person executing this MOA represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this MOA. Each party represents and warrants to the other that the execution and delivery of this MOA and the performance of such party’s obligations hereunder have been duly authorized.
IN WITNESS WHEREOF, the parties have entered into this MOA as of the first date written above.
City of Trinidad:
By: _______________________________________ Date: _______________________ Name: Gabriel Adams
Title: Interim City Manager
COUNTY OF HUMBOLDT:
By: ______________________________________ Date: __________________________ Sofia Pereira, Public Health Director
DHHS, Public Health
Pursuant to Resolution No. [__-___]
INSURANCE AND INDEMNIFICATION REQUIREMENTS APPROVED:
By: ______________________________________ Date: __________________________ Risk Management
LIST OF EXHIBITS:
Exhibit A – Environmental Health Programs to be Administered and Enforced by the County Department of Health and Human Services, Public Health, Division of Environmental Health (DEH) in the City of Trinidad
Exhibit B – City of Trinidad map sourced from Trinidad GIS Exhibit C – DEH Complaint Subject Titles and Definitions 2023 Exhibit D – EH-03-001, Code Enforcement Unit Referral Format.
EXHIBIT “A”
ENVIRONMENTAL HEALTH PROGRAMS TO BE ADMINISTERED AND ENFORCED
BY HUMBOLDT COUNTY DIVISION OF ENVIRONMENTAL HEALTH IN THE CITY
OF (CITY NAME) (CITY)
Wherein “Purpose” is defined as the reason for the engagement in specified health services program activities as stated through statutory and regulatory enactments, but does not bind, commit, require rendering of performance, obligate production of a deliverable, or otherwise impart any duty on the COUNTY for which satisfaction would or could be demanded; and Wherein “Legal Authorities” is defined as the authorizing State, COUNTY, or CITY statute, regulation, or code providing for enforcement of the below-mentioned health services programs; and
Wherein, “Objective” is defined as the position and/or purpose sought to be attained and/or achieved through directed effort, but does not bind, commit, require rendering of performance, obligate production of a deliverable, or otherwise impart any duty on the COUNTY for which satisfaction would or could be demanded; and
Wherein “Summary of Activities” is defined as the list of actions and functions undertaken and implemented in order to satisfy or otherwise fulfill COUNTY’s obligations arising out of this MOA and for which the stated rights and responsibilities of the parties correspond.
Now, THEREFORE, the parties mutual understand and agree to implementation of environmental services programs as follows:
The Humboldt County, Department of Health & Human Services, Public Health Branch, Division of Environmental Health (DEH), intends to protect the health, safety and well-being of the public, and to preserve and improve the quality of the environment. Title 17 California Code of Regulations section 1276(e) lists titles or brief descriptions of basic environmental health and sanitation services provided by Local Health Jurisdictions (LHJ). Representing the County Health Officer and/or Director of Environmental Health, each LHJ determines the scope of each service in the context of their individual organizational structure. The scope of these programs as interpreted by DEH, both in the City and County, are described briefly below.
17 CCR §1276, Basic Services states:
“The health department” shall offer at least the following basic services to the health jurisdiction which it serves:
(e) Environmental health and sanitation services and programs in accordance with an annual plan and program outline as required in 17 CCR §1328, and approved by the State Department of Health and the applicable services and program standards as specified in the State Department of Health “Services in a Local Environmental Health and Sanitation Program,” September 1976. The required services and programs shall be as follows:
(1) Food.
(2) Housing and institutions.
(3) Radiological health in local jurisdictions contracting with the State Department of Health to enforce the Radiation Control Law pursuant to HSC §114960 - §115273.
(4) Milk and dairy products in local jurisdictions maintaining an approved milk inspection service pursuant to FAC CA FOOD & AG §32503.
(5) Water-oriented recreation.
(6) Safety.
(7) Vector control.
(8) Waste management.
(9) Water supply.
(10) Air sanitation.
(11) Additional environmentally related services and programs as required by the County Board of Supervisors, City Council, or Health District Board. (12) And may include land development and use.
PROGRAMS IMPLEMENTED COUNTY-WIDE AS MANDATED OR AUTHORIZED BY STATE LAW and Agreement between CITY and COUNTY:
1. CONSUMER PROTECTION PROGRAM
Through inspection, monitoring and enforcement of state and local laws, the Consumer Protection Program goal is implemented through multiple programs which protect the general public from bacteria and contaminants that have potential to impact human health.
A. Program: Retail Food Permitting and Inspection
1. Purpose: To prevent the outbreak of food borne illness; to ensure that food provided for human consumption is free of adulteration, is honestly presented and safe to eat; to accomplish this in a manner uniform with programs of other jurisdictions in the State; and to protect the health of the food worker by encouraging safe and sanitary working conditions.
2. Legal Authorities: HSC §113700 et seq. (Cal Code); HSC §109875 et seq. (Sherman Food, Drug, and Cosmetic Law); 17 CCR §13600- 13616; 17 CCR, §1254 and §1308; HCC §511 (Permits for Food Establishments).
3. Objectives:
a. Minimize the incidence of food borne illnesses originating from retail food facilities in Humboldt County.
b. Perform timely, thorough risk-based inspections of retail food facilities.
c. Respond to suspected food borne outbreaks within 24 hours.
4. Summary of Activities:
a. Evaluate, measure, and improve the level of environmental health conditions in all food facilities.
b. Conduct routine inspections and special inspections of all food facilities for which the agency is legally responsible to ensure compliance with California Retail Food Code (CalCode)
requirements for sanitation, operation and maintenance. c. Conduct legal enforcement activities, including office hearings when education and inspection efforts fail to achieve desired results.
d. Investigate and take corrective action on citizen reports of food borne illness or unsanitary conditions in food facilities. Food borne illness outbreaks may require coordination with Public Health Communicable Disease Nursing and Epidemiology staff.
e. Complete review of food facility plans to ensure proper construction and compliance with CalCode.
B. Program: Organized Camps and Detention Facilities
1. Purpose: To ensure that organized camps and detention facilities (“jails”) provide a safe and suitable environment, including safe water supply, proper sewage disposal, and safe and wholesome food preparation.
2. Legal Authorities: 8 CCR §3362, HSC §114244 - §124245.7 (Refuse), 15 CCR §1006 et seq., §1270 et seq., § 1280., §1313 et seq., §1480 et seq., §1510 et seq., HSC §101045 (Detention Facilities), 17 CCR §30700 et seq. (Organized Camps), HSC §18207 (Mobile Home Parks Act) 24 CCR, Part 1 (California Administrative Code) 24 CCR, Part 2 (California Building Code) 25 CCR, §6 (Housing and Community Development); HSC §17000 et seq. (Employee Housing Act), HSC §17910-17998.3 (State Housing Law), HSC §18897-§18897.7 (Organized Camp), WIC §209, §210, §872, & §885.
3. Objectives:
a. To perform annual inspections of detention facilities to obtain compliance with the law, in coordination with other Public Health programs.
b. To perform semi-annual inspections of each year-round organized camp and annually of seasonal camps to obtain 100% compliance with the law.
c. To respond to all citizen complaints concerning detention facilities, and organized camps within five business days and to obtain compliance with applicable laws.
4. Summary of Activities:
a. Detention Facilities
i. Inspect each county and city detention facility on an annual basis and report findings to the responsible city or county official and to the Board of State and Community
Corrections.
ii. Investigate all complaints of detention facilities regarding sanitation, maintenance, use or occupancy.
iii. Coordinate an inspection team with Public Health staff for the inspection of all county detention facilities.
b. Organized Camps
i. Inspect organized camps on an annual, or semi-annual basis to ensure compliance with State Law.
C. Program: Swimming Pools and Spas
1. Purpose: To ensure safe and sanitary public swimming pools and
spas.
2. Legal Authorities: HSC §116025 et seq. (sanitation), 22 CCR §65501 et seq., HSC §1797.182, §115950, §115951, §115952 (Public Swimming Pools); California Building Code, Div 1, §3101B et seq., Div 2, §3160B et seq., HCC §332-3, §654-6.
3. Objective:
a. Ensure the safety of public pools and spas.
b. Ensure that public pools and spas are constructed and maintained in an appropriate manner.
4. Summary of Activities:
a. Conduct routine inspections of all public swimming pools and spas on an annual basis.
b. Respond to citizen’s complaints regarding unsanitary or unsafe conditions at public swimming pools or spas.
c. Review construction plans for public pools and spas, and conduct construction inspections to verify compliance with state laws. d. Evaluate new equipment proposed for public swimming pools and spas.
D. Program: Recreational Health – Public Beaches
1. Purpose: To ensure that all public recreational waters are monitored for potentially hazardous bacterial and chemical contamination and safety hazards which may adversely affect their beneficial uses, such as swimming or fishing.
2. Legal Authorities: HSC §115880 et seq., 17 CCR §7952 et seq., (Standards for Public Beaches).
3. Objectives:
a. Post all water-contact recreational areas contaminated by spillage of sewage or chemicals.
b. Monitor specific recreational waters for water quality and safety concerns.
c. Identify sources of contamination of recreational waters and work to eliminate those caused by human activity.
4. Summary of Activities:
a. Implement ocean beach water quality monitoring as required by State contract.
b. Post public beaches in response to contamination incidents. c. Conduct follow-up monitoring/sampling, as necessary. d. Annually notify public of cyanobacteria harmful algal blooms and post as needed.
e. Notify public of swimmers itch hazard when necessary. f. Provide consultation and assistance to operators of water recreational areas and the public regarding water quality requirements and conditions.
E. Program: Vector Control
1. Purpose: To protect the public from the health hazards associated with disease transmitting nuisance animals and arthropods.
2. Legal Authorities: HSC §116125-§116170 (Rodents), HSC §121690, 17 CCR §2606 (Rabies), HSC 105200 (Pesticide Poisoning).
3. Objectives:
a. Surveillance and surveys of vectors and vector-borne diseases to evaluate community vector control needs.
b. Emergency vector/pest control through private or public agency participation.
c. Vector prevention guidelines through environmental planning process.
d. Maintain program records to evaluate procedures and measure effectiveness of program.
e. Educate public and staff in vector/pest control principles to obtain maximum participation in solution of local vector problems.
4. Summary of Activities:
a. Reduction of rodent food and harborage through public education. b. Public education and monitoring for tick-borne Lyme disease, carried by the Pacific black-legged tick.
c. Public education and monitoring for rabies, primarily in skunks, foxes, and bats.
d. Consider public health threats related to West Nile Virus and monitor Culex mosquito activity. Emphasize public education and environmental control for prevention.
e. Respond to citizen complaints of vector/pest infestations.
F. Program: Body Art
1. Purpose: To ensure the application of proper body art procedures and the control of cross-contamination of instruments and supplies to protect both the body art practitioner and client from transmission of infectious diseases.
2. Legal Authorities: HSC §119300 et seq. (California Safe Body Art Act), PEN § 652, §653.
3. Objective:
a. Ensure the safety of body art facilities through the use of timely and consistent routine inspections.
b. Ensure that body art facilities are constructed and maintained in a manner consistent with the CA Safe Body Art Act.
c. To rapidly respond to complaints of unsanitary body art facilities and practitioners.
4. Summary of Activities:
a. Conduct annual inspections of all body art facilities. b. Respond to citizen complaints regarding unsanitary or unsafe conditions at body art facilities.
c. Review construction plans for body art facilities, and conduct construction inspections to verify compliance with CA Safe Body Art Act.
d. Evaluate new equipment proposed for use in body art facilities.
2. HAZARDOUS MATERIALS PROGRAM
Through inspection, monitoring and enforcement of state and local laws, the Hazardous Materials Program goal is implemented through multiple programs which protect the general public from chemicals and contaminants that have potential to impact human health and the environment.
A. Program: Certified Unified Program Agency (CUPA)
1. Purpose: In accordance with California Senate Bill 1082, the CUPA consolidates, coordinates, and makes consistent the regulatory activities of several hazardous materials and hazardous waste programs through implementation and oversight at the local level.
The implemented programs are as follows:
a. Hazardous waste generator and hazardous waste on-site treatment program.
b. Aboveground storage tank program spill prevention control and countermeasure requirements.
c. Underground storage tank program.
d. Hazardous materials release response plans and inventory (Business Plan).
e. California accidental release prevention program.
f. Hazardous materials management plans and hazardous materials inventory statement.
2. Legal Authorities: CA HSC Ch. 6.5, various sections (Hazardous waste handling, transport and disposal); CA HSC Ch 6.7 (Underground storage of hazardous substances); CA HSC Ch. 6.95 (Hazardous Materials Release Response Plans and Inventory); CA HSC Ch. 6.67 (Aboveground storage of petroleum); HSC §101080 (Health Officer authority to declare a local health emergency); CA HSC Div. 20, Ch. 6.6 (Proposition 65, Safe Drinking Water and Toxic Enforcement Act of 1986); Ch 6.11, Sec. 25200 et seq.; 25404 et seq.; CA HSC Div. 20, Ch. 6.75; CCR, Title 22, Div. 4.5, Ch. 10, Art.2 (Secondary containment for tanks); CCR, Title 22, 66265, 67450; Title 19, Div 2, Ch. 4.5, Art. 3, 2765, 2775 et seq., HCC §384, (Unified Program Consolidated Compliance Checklist, Dec. 1997), HCC §561.
3. Objectives:
a. Hazardous Waste Generator and On-site Hazardous Waste Treatment Program
i. Inspect, evaluate and maintain an adequate surveillance of hazardous waste generators in order to ensure full
compliance with laws and regulations for the handling,
storage, transportation, and disposal of hazardous wastes. ii. Investigate complaints and take enforcement action, as necessary, against violators of hazardous waste laws and regulations.
iii. Educate county industries and the public on the legal requirements for handling, storage, and disposal of
hazardous waste.
iv. Maintain a data management system for hazardous waste generators. The system should contain complete
information on hazardous waste generators, including
name, address, waste generated, volumes, storage and
disposal methods, etc.
v. Utilize a waste reduction/pollution prevention approach in regulating generators.
b. Aboveground Petroleum Storage Tank program
i. Inspect all aboveground storage tank facilities to ensure that storage tanks meet all program requirements.
ii. Ensure proper management of the Spill Prevention Control and Countermeasure (SPCC) plans, when applicable.
iii. Check every CUPA regulated facility with aboveground storage tanks at least once every three years to ensure that SPCC is certified and current.
c. Underground Storage Tank Program
i. Approve plans and issue permits for new underground
storage tank installation, modification, repair, and closure of underground storage tank systems.
ii. Routinely inspect all underground storage tank facilities in order to ensure compliance with state laws and regulations pertaining to the operation of underground storage tanks. iii. Respond to emergency situations and investigate all complaints pertaining to leaking underground storage tanks. iv. Conduct annual routine inspections to ensure compliance with the permit and monitoring requirements.
v. Identify and bring into compliance newly discovered USTs, and maintain a comprehensive data base of information
regarding tanks identified, including age, size, material stored, history of repairs and leaks, etc.
vi. Pursue enforcement action against any person who violates the laws and regulations pertaining to the operation of underground storage tanks.
vii. Provide consultation, assistance, and education to industries and the public regarding the regulatory
requirements for installing and operating underground
storage tank systems.
d. Hazardous Materials Release Response Plans and Inventory (Business Plan)
i. Maintain an accurate inventory of hazardous materials stored at every regulated facility, and ensure that the state’s CERS database is updated annually.
ii. Ensure that the emergency response plan at each facility is effective and up-to-date.
iii. Ensure that the site diagram for each facility is current and routinely shared with fire districts.
iv. Update the Humboldt County Hazardous Materials
Emergency Response Plan (Area Plan) every three years,
share it with other response agencies, and test it with a fullscale, multi-agency exercise. e. California Accidental Release Prevention Program.
i. Complete the review and public notification requirements for the Risk Management Plan for each facility meeting or
exceeding state or federal threshold limits of extremely hazardous materials.
ii. Require periodic updating of Risk Management Plans.
B. Program: Childhood Lead Pollution Prevent Program
1. Purpose: To identify and reduce sources of household lead hazards that may lead to high child blood lead levels and their detrimental effects.
2. Legal Authorities: HSC Ch. 6.5, various sections (hazardous waste handling, transport and disposal); 40 CFR parts 239 through 282 (RCRA); 24 CFR, Part 35 and 40, Part 745 (HUD/USEPA disclosure); 8 CCR, §1532.1 (Cal-OSHA Construction Standards); 8 CCR §5194, 22 CCR §12601 (CA HazCom Standards); HSC §101080 (County Health Officer authority to declare of local health emergency).
3. Objectives:
a. Investigate reports of lead-based paint hazards.
b. Participate in Childhood Lead Poisoning Prevention Program (CLPPP) team by investigating and reducing all sources of household lead hazards that may lead to a high child blood lead level.
4. Summary of Activities:
a. Participate in investigations referred from the CDPH’s Childhood Lead Poisoning Prevention Branch to determine environmental factors contributing to an identified case of childhood lead poisoning.
b. Identify and investigate properties with potential for concentrating environmental lead levels; and work with property owners to mitigate public health risks.
c. Attend quarterly team meetings to discuss cases, outreach and results of team investigations.
d. Educate affected communities and populations as to the hazards of lead exposure.
C. Program: Tobacco Retail Licensing
1. Purpose: To improve local control over the sale of tobacco products and prevent the sale of tobacco to youth in Humboldt County.
2. Legal Authorities: TITLE VII, DIVISION 1, CHAPTER 7, TOBACCO
RETAILER LICENSING, Humboldt County Code.
3. Objectives:
a. Prevent youth from using tobacco and tobacco products. b. Encourage responsible tobacco retailing.
c. Discourage violations of tobacco-related laws.
4. Summary of Activities:
a. Review and approve applications for licensing of tobacco retailers. b. Inspect tobacco retailers for compliance with, and pursue enforcement action against any person who violates, TITLE VII, DIVISION 1, CHAPTER 7, TOBACCO RETAILER LICENSING,
Humboldt County Code
D. Program: Geotechnical Drilling of Monitoring Wells and Exploratory Borings
1. Purpose: To protect ground water quality by preventing the exacerbation existing on site contamination by ensuring compliance with California Department of Water Resources Bulleting 74-81 and 74- 90, in Humboldt County.
2. Legal Authorities: Humboldt County Code Title IV, Chapter 1 (Wells)
3. Objectives:
a. Ensure construction and destruction standards are met. b. Ensure work is performed by a qualified professional.
3. LOCAL ENFORCEMENT AGENCY PROGRAM
By County Resolution 92-30 and City of (insert)Resolution (92- or City Approval Resolution #) the Division of Environmental Health was designated the Solid Waste Local Enforcement Agency and acts on behalf of Humboldt County and each city herein to enforce solid waste law as prescribed by Public Resource Code Section 43203
1. Purpose: To ensure that solid waste landfills and transfer stations are operated properly in regard to vector control, water quality protection, litter prevention, and related concerns; to provide an independent Hearing Panel to hear appeals of the decisions/orders made by the Local Enforcement Agency (LEA); to ensure that inactive sites are properly closed and maintained following closure.
2. Legal Authorities: PRC §40000 et seq., 14 CCR §17020 et seq., HCC §521 & §523.
3. Objectives:
a. Permit and inspect all solid waste disposal, transfer/processing and composting facilities, and closed landfills to ensure full compliance with federal, state, and local laws and regulations.
b. Investigate solid waste complaints and take appropriate corrective action to ensure compliance with state and local standards. c. Ensure compliance with state and local standards for refuse collection.
4. Summary of Activities:
a. Solid Waste Enforcement
i. Carry out the mandates and responsibilities of the County Solid Waste LEA.
ii. Enforce all laws and regulations pertaining to the minimum standard for solid waste handling and disposal facilities through a routine inspection program.
iii. Issue permits to all solid waste facilities in Humboldt County and ensure compliance with state mandated minimum
standards.
iv. Provide consultation to other governmental and private agencies in matters pertaining to the enforcement of solid waste laws.
v. Investigate complaints and take necessary action to abate illegal waste sites and composting facilities.
b. Disposal Site, Transfer/Processing Facilities and Operations i. Maintain a current inventory of all landfill sites,
transfer/processing stations and composting facilities and operations.
ii. Investigate, inspect and evaluate active disposal sites, transfer/processing, and composting facilities and
operations on a monthly basis for facilities and quarterly basis for operations and in response to complaints.
iii. Review and evaluate construction plans for new transfer, processing and composting facilities and operations, and issue applicable permits or notifications.
c. Solid Waste Facility Permits
i. Write and issue sold waste facility permits for landfills and other solid waste facilities.
ii. Review and comment on environmental documents
prepared for landfills such as initial studies, negative declarations, EIRs, zoning and land use permits for
compliance with the California Environmental Quality Act. iii. Investigate permit violations by solid waste facility operators.
iv. Revise or modify solid waste facility permits as methods of operations change or as required by state regulations.
4. LAND USE PROGRAM
A. Program: Land Use Permits, Development Permits, and Business Licenses
1. Purpose: To ensure that proposed developments and businesses within Humboldt County comply with applicable State and local laws within DEH jurisdiction. In coordination with other DEH programs, the Land Use team evaluates development proposals with the goal of protecting or minimizing impacts to human health and the environment.
2. Legal Authorities: GOV 66410 et seq., PRC §21000-§21177, HCC §311, §321-12, §322, §323, §324, §325-4&5, §657, §664.
3. Objectives:
a. Minimize the potential for proposed land development projects (subdivisions, special permits, use permits, building permits, etc.) to subject present and future residents to adverse public and environmental health impacts.
b. Verify that land development projects include adequate public or private sewage treatment and disposal facilities to maintain water quality and environmental health standards.
c. Verify that water supplies proposed for all new subdivisions are adequate.
i. Ensure that onsite wastewater disposal for all proposed land developments comply with DEH regulations.
ii. Ensure that Environmental Impact Reports (EIR) consider pertinent adverse public health and environmental impacts, and incorporate adequate mitigating measures.
iii. Review Conditional Use Permits, Zone Changes, and
general Plan Amendments to identify and make
recommendations on elements which have the potential to create environmental hazards.
4. Summary of Activities:
a. Review proposed tentative tract maps, parcel maps, zone changes, use permit, general plan amendments, and business license applications; evaluate potential adverse public health and environmental effects; prepare reports of evaluations and mitigating measures.
b. Conduct site investigations of the above-mentioned projects to evaluate public health and environmental effects.
c. Review utility plans of onsite wastewater disposal systems proposed for new projects to ascertain feasibility and compliance with DEH regulations.
d. Review environmental impact reports of proposed projects to ensure adequate consideration has been given to public health and environmental impacts.
B. Program: Water Wells: Construction /Abandonment
1. Purpose: To ensure that water wells are properly located and constructed with annular seals to protect the quality of groundwater resources.
2. Legal Authorities: DWR Bulletin 74-81 & 74-90 (Water Well Standards); WAT §13700 - §13806; HSC §25299.97; HCC §631.
3. Objectives:
a. Ensure that all wells are constructed and destroyed by permit and according to State and local standards.
b. Permit properly constructed wells.
c. Provide consultation, assistance, and education to well drillers, contractors, consultants, operators, and cities with regard to regulatory requirements for well construction and destruction.
4. Summary of Activities:
a. Review applications and issue permits for all well destruction, modification and construction.
b. Conduct inspections during construction and destruction of wells to ensure compliance with state and local regulations.
c. Consult with community members regarding domestic, irrigation or other wells relating to water quality suspected illnesses or other health concerns.
d. Investigate reports of abandoned wells and ensure destruction or re-construction.
e. Conduct appeals as provided by the Humboldt County Code.
C. Program: Liquid Wastes (OWTS, septage haulers, and
greywater/wastewater reclamation)
1. Purpose: To protect the health of the public and the environment from the improper disposal of sewage from on-site wastewater treatment systems (OWTS) and greywater systems. This is accomplished through development and enforcement of local ordinance and regulations for the permitting of OWTS, greywater systems, and waste haulers to ensure compliance with State and local laws.
2. Legal Authorities: HSC §117400 et seq., WAT §13280 - §13286.9 (Individual Disposal Systems), WAT §14875 – §14877.3 (Graywater Systems); California Plumbing Code; HCC §611-617, §621, Humboldt County Onsite Wastewater LAMP and RTM, 7 Nov 2017.
3. Objectives
a. Ensure on-site sewage treatment and disposal systems are properly sited and designed to prevent impacts to groundwater, surface waters and the public.
b. Ensure that septic tanks, portable toilets and vault pumpers are disposing of waste at an approved disposal facility.
c. Provide educational material to the general public on the proper operation and maintenance of OWTS.
d. Ensure greywater systems will not create groundwater, public or environmental health problems.
4. Summary of Activities:
a. Evaluate proposals for and permit OWTS.
b. Investigate complaints relating to illegal or unsafe sewage disposal.
c. Maintain records of and monitor the construction, repair, and maintenance of OWTS.
d. Permit waste haulers and monitor records of service from permitted septage haulers, grease vault pumpers, and chemical toilet service companies.
e. Review and update local regulations related to onsite waste, as necessary.
f. Evaluate and permit proposed greywater disposal systems. g. Monitor non-standard systems and report to the North Coast Regional Water Quality Control Board as described in the Local Area Management Program.
h. Develop educational pamphlets on the proper use and
maintenance of OWTS.
i. Evaluate new technology for on-site sewage systems.
j. Conduct sanitary surveys to evaluate the operation and maintenance of on-site systems.
k. Implement and update the Local Area Management Program.
D. Program: State Small Public Water Systems
1. Purpose: To regulate State Small Water Systems to ensure potable water is provided to the public. State Small Water Systems are defined as having between 5-14 service connections and not regularly serving more that an average of 25 individuals daily for more than 60 days in a year. The State Small Water System Program is a state mandated program.
2. Legal Authorities: HSC §116340, 22CCR §64211 - §64217.
3. Objectives:
a. Inspect, evaluate, and maintain public health protection of all state small public water systems, verify permits, acceptable monitoring programs, and comply with state standards.
b. Review bacteriological and chemical samples at small public water systems on a routine basis.
c. Identify potential public health threats by conducting studies, as requested or as needed by the occurrence of domestic water quality problems.
d. Respond to all consumer health or nuisance complaints with investigation and sampling, as needed.
4. Summary of Activities:
a. Conduct complete sanitary surveys of existing and proposed water sources, treatment, storage, and distribution facilities of all state small public water systems. Conduct audit of records, site surveys, and pumping and storage equipment checks.
b. Make inspections of all state small public water systems in accordance with the requirements of the State Water System Construction and Monitoring Standards.
c. Take appropriate action with respect to issuance or denial of permits to sample public water systems. Approve state small public water systems under the comprehensive conditions of the California Safe Drinking Water Act.
d. Review bacteriological, general mineral, inorganic/organic chemical, and radiological samples from small water systems at frequencies designated by the Safe Drinking Water Act.
e. Pursue corrective and enforcement action regarding noncompliance with primary drinking water standards and noncompliance with other State and Federal Laws, including
requirements for public notification related to small public water systems.
f. Conduct plan checks and inspections of all proposed new state small public water systems or modifications, including equipment installations, site analysis, and potential water quality problems. g. Provide consultation and assistance to water system and water treatment plant operators, developers, engineers, and the public regarding domestic water quality, and the applicable laws and regulations.
h. Investigate citizens’ complaints regarding domestic water quality, suspected illnesses, or other public health concerns.
5. COMPLAINT INVESTIGATION PROGRAM
1. Purpose: To investigate and abate potential public health hazards and public nuisances associated with: food supply; pools and spas; public and individual water supplies; solid waste; sewage; vectors; water quality; spills; abandoned wells; negligent management of hazardous materials or wastes; and other matters related to environmental health programs.
2. Legal Authorities: HSC §101030, HCC §381.
3. Objectives:
a. Ensure protection of human health and safety by responding in a timely manner to citizen complaints.
b. Provide citizens and community members with resources to mitigate public health concerns and nuisances.
4. Summary of Activities:
a. Respond to and investigate citizen complaints of environmental health concern.
b. Seek compliance following DEH complaint response procedure. c. Coordinate investigation and compliance efforts with Planning and Building, Code Enforcement and other agencies.
d. Refer complaints to the Code Enforcement for abatement, if compliance efforts fail.
6. ADDITIONAL ENVIRONMENTAL PROGRAM SERVICES
This provision is implemented when approved by local decision-making authorities.
The City may not impose additional programs on the County without the County’s agreement.
NOTE: These programs are implemented in the City as in the County and depend on a city ordinance that provides for DEH administration.
1. Legal Authorities: 17 CCR 1276(e)(11) “Additional environmentally related services and programs as required by the County Board of Supervisors, City Council, or Health District Board”
2. Local enhancement to state-law based programs, supported by local ordinances
i. Edible Food Recovery Contract Inspection
ii. Tobacco Retail Licensing
Complaint Subject Titles and Definitions
June 27, 2023
\\all.co.humboldt.ca.us\dhhs-files\ENVH\EH Resources\MOUs\Complaint Subject Titles and Definitions-revised-6-27-2023.docx General Environmental Health Other
CP-Correctional Facility Housing conditions and food safety per Titles 15 & 24, California Code of Regulations (CCR), and CalCode CP-Unsanitary Food Facility Sanitation (including water supply) involving a retail food facility. Does not include a foodborne illness CP-Freshwater Bathing Area Sanitary or water quality complaint at a river, lake, freshwater lagoon or creek CP-Oceanwater Bathing Area Sanitary or water quality complaint at an ocean beach or lagoon CP-Organized Camp Unsanitary conditions regarding water supply, dining hall, pool, cabins, etc.
CP-Rabies Potential Rabies Incident
CP-Suspected Foodborne Illness Report Public member reportedly ill from dining at a food facility CP-Swimming pool/Spa A public swimming pool or spa pool regulated by state code CP-Tattoo/Body Piercing/Body Art A business providing tattoos, permanent cosmetics, or body piercing (excludes ear piercing) CP-Vector-Insect/Arthropod Infestation High population of insects/Arthropods inside or outside a structure CP-Vector-Mosquito Harborage Mosquito harborage and control: standing water CP-Vector-Bedbugs Reported bedbug infestation
CP-Vector-Nuisance Birds/Dead Bird High numbers of birds or bird droppings creating nuisance or dead bird testing for West Nile Virus CP-Vector-Rodents Predominant complaint is active rat or mouse infestation HM-Business-Illegal HazMat Disposal/Dump Business hazardous waste disposal violation HM-Business-Illegal HazMat Management Business hazardous waste handling violation HM-Non-Business-Illegal HazMat Disposal/Dump Non-Business hazardous waste disposal violation HM-Non-Business-Illegal HazMat Management Non-Business hazardous waste handling violation HM-Prop 65 Spill of Prop 65 chemical
HM-CLPPP hazard investigation Complaint or case referral requiring a lead investigation HM-Tobacco retailing investigation Complaint of violation of the Tobacco Retail License Ordinance, including unlicensed operators LU-State Small Water System Water quality or supply complaint involving a permitted State Small Water System (5-14 connections) LU-Animal Nuisance-Water Quality Animal keeping is causing a water quality problem LU-Community Water Supply Water quality complaint involving a system with 15 or more service connections LU-Wells and Individual Water Supply Permit status and quality of a private well, spring or surface supply with less than five (5) connections LU-Onsite OWTS Failure Surface discharge of sewage, sluggish operation or malfunction of an onsite sewage disposal system LU-Public Sewer Surface discharge of sewage, sewage back-up, etc., associated with a public or community sewer system LU-Sewage Spill An event, spill, or release of sewage from a sewer line, private lift pump failure or septic truck LU-Water Quality Suspected contamination of surface or ground water sources from human wastewater sources SW-Solid Waste-Compost Facility Nuisance (odors, vectors, runoff) from regulated compost operation or facility SW-Solid Waste-Illegal Disposal Site More serious than roadside dumping, a site routinely used for dumping garbage and/or rubbish SW-Solid Waste-Sharps/Needle Disposal Improper storage and disposal of medical sharps from a household, medical or veterinary facility SW-Solid Waste-Solid Waste Facility Complaint at a permitted solid waste facility; or an unpermitted solid waste operation Deleted: e
r PROCEDURE
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Review Schedule: Reference: Code Enforcement
Referrals
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CODE ENFORCEMENT UNIT REFERRAL FORMAT
PURPOSE:
To provide Division of Environmental Health (DEH) Staff with guidelines for the preparation of referrals of code enforcement cases to the County Code Enforcement Unit (CEU). If a land owner or responsible party has failed to voluntarily correct violations, as directed in written notice of violations from the Division of Environmental Health, then the matter may be referred to the CEU. The thoroughness of our investigation and content of the referral will assist the CEU in prioritizing and completing the code enforcement process.
PROCEDURE:
1. Prepare draft memorandum following the outline below and submit to the Unit Supervisor with any file, notices, and supporting documentation for review. Staff may also consult with the Senior or the Supervisor regarding the readiness for referral and adequacy of investigation & steps taken.
2. Once approved by the supervisor, send a copy to the CEU and enter the date referred within the Disposition section of the complaint.
Memorandum Contents:
Prepared a memo on DHHS - DEH Memo letterhead template in Word with the following format and contents:
Date:
To: name, title, Code Enforcement Unit
From: name, title, program, phone number
CC: supervisor, DEH Director
Environmental Health
DISCUSSION AGENDA ITEM 3
SUPPORTING DOCUMENTATION ATTACHED
3. Discussion/Decision regarding First Reading of Ordinance 2025-03; Amending Chapter 8.04 and 13.12 of the Trinidad Municipal Code Defining Authority, Responsibilities, and Duties of the County Health Officer While Acting as the City of Trinidad Health Officer.
City of Trinidad Ordinance 2025-03
TRINIDAD CITY HALL Cheryl Kelly, Mayor
P.O. Box 390 Gabriel Adams, City Clerk
409 Trinity Street
Trinidad, CA 95570
(707) 677-0223
ORDINANCE NO. 2025-03
AN ORDINANCE OF THE CITY OF TRINIDAD AMENDING
CHAPTER 8.04 AND CHAPTER 13.12 OF THE MUNICIPAL CODE
WHEREAS, California Health and Safety Code Section 101460 requires the City of Trinidad (“City”) to retain a Health Officer either through appointment or by arrangement with the County of Humboldt (“County”); and WHEREAS, the City has entered into a memorandum of understanding with the County to provide for the County Health Officer to perform any and all environmental health functions within the City as authorized under California Health and Safety Code Section 101400; and WHEREAS, the Municipal Code is hereby updated to provide a clear articulation of the authority, responsibilities, and duties of the County Health Officer while acting as the City Health officer or while otherwise operating under City authority;
WHEREAS, proper Municipal Code provisions are essential to the performance of Health Officer duties, a position paramount to the health and safety of the City, City residents, City visitors, and the environment; WHEREAS, existing City Municipal Code related to the On-Site Wastewater Treatment System does not sufficiently provide for duties and responsibilities related to operation and regulation in kind.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TRINIDAD DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 8.04 of the Trinidad Municipal Code is amended to read as follows:
8.04.010 Office Created. The City shall maintain the office of the City Health Officer in accordance with California Health and Safety Code Section 101460.
(a) As authorized by the City Council and under authority of Health and Safety Code Section 101400, the County of Humboldt Health Officer is appointed by agreement to serve as the City Health Officer. The County of Humboldt Health Officer’s authorities and duties shall be confined to only those explained or provided for in the executed memorandum of understanding between the County of Humboldt and City.
(b) The City Council retains authority to at any time discontinue County Health Officer services and may appoint a City Health Officer under general City employee appointment procedures instead.
8.04.020 Duties Generally. The office of the City Health Officer shall have authority and duty to perform all functions necessary for the health and safety of the City, all within its jurisdiction, and the environment, as provided under this Municipal Code and state and federal laws. (a) If the City Health Officer position is served by the County of Humboldt Health Officer, such officer shall have additional authority and duty to perform all additional functions or responsibilities as provided in the Humboldt County Municipal Code. In the case of any conflicting provisions between City Municipal Code and the Humboldt County Municipal Code, the provisions of the Humboldt County Municipal Code shall control.
City of Trinidad Ordinance 2025-03
8.04.030 Duties Specifically. In addition to all general duties as provided in Section 8.04.020, the City Health Officer shall perform the additional duties and responsibilities as necessary:
(a) Review applications and issue construction and repair permits. (b) Conduct conformance and final inspections in conjunction with issued construction repair permits. (c) Prepare recommendations for updating City sewage disposal regulation in conformance with California law and the North Coast Basin Plan.
(d) Those duties provided for in Chapter 13.12 of the City Municipal Code.
8.04.040 County Health Officer Service Funding. For any services provided by the County of Humboldt Health Officer, the County of Humboldt is authorized to assess fees and charges against persons served in order to fully recover costs expended by the County of Humboldt for providing such Health Officer services.
8.04.050 County of Humboldt Health and Safety Programs. As established in the Memorandum of Understanding between the City and County of Humboldt, if such memorandum is active, the Health Officer shall recommend for approval by the City Council regulations as necessary to comply with County of Humboldt programs related to:
(a) Retail food permitting and inspection.
(b) Organized camps and detention facilities.
(c) Swimming pools and spas.
(d) Recreational health related to public beaches.
(e) Vector and animal control.
(f) Body art.
(g) Hazardous materials.
(h) Tobacco retail licensing.
(i) Land use permits.
(j) Development permits.
(k) Business licenses.
(l) Water well construction and abandonment.
(m) Liquid waste.
(n) State small public water systems.
8.04.060 Enforcement of County of Humboldt Health and Safety Programs. The County of Humboldt Health Officer, if so appointed, shall provide for compliance assurance, enforcement, and claims investigation, and may utilize the County of Humboldt Division of Environmental Health to complete such duties.
Section 2. Section 13.12.110 of the Trinidad Municipal Code is amended to read as follows:
13.12.110 Sewage Disposal Regulations. The health officer shall issue such regulations as deemed necessary to carry out the provisions of this chapter. The sewage disposal regulations issued by the health officer under this section shall become effective when adopted by resolution of the city council and shall be incorporated into this chapter as Appendix C. Regulations issued under this section may be amended from City of Trinidad Ordinance 2025-03
time to time by the health officer after resolution by the city council. All approved and effective regulations are available to the public for viewing or download on the City website or at City Hall. Physical copies of such regulations will be provided at cost on a per-page basis. All proposed regulations, shall:
(a) Be consistent with the intent and purpose of this chapter. (b) Be consistent with the North Coast Basin Plan, or are otherwise approved by the North Coast Regional Water Quality Control Board.
(c) Recognize the most current technical information relevant to the provisions of this chapter. (d) Provide for exceptions where strict application of this chapter or regulations issued would cause substantial personal hardship upon the occupants of the building or place in question and where appropriate to preserve public safety and water quality. (e) Be designed to minimize or eliminate public nuisance or the potential thereof. (f) Fully consider the cumulative impact of multiple single sewage disposal systems.
PASSED AND ADOPTED BY THE TRINIDAD CITY COUNCIL of Humboldt County of the State of California this ___ day of _______________, 2025, by the following vote:
First Reading: __________________________
Second Reading: __________________________
Ayes:
Noes:
Absent:
Abstain:
Attest:
________________________ _________________________
Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor
DISCUSSION AGENDA ITEM 4
SUPPORTING DOCUMENTATION ATTACHED
4. Discussion/Decision regarding Edwards Street Crosswalk Safety Improvements.
CITY OF TRINIDAD STAFF REPORT
DATE: Tuesday, September 09, 2025
TO: Mayor and City Council
FROM: Gabriel Adams, Interim City Manager
STAFF RECOMMENDATION
Discuss Edwards Street traffic safety improvements. Review new information, share observations, and prioritize project close-out prior to considering any changes outside of the City Engineer’s suggested modifications.
DISCUSSION/BACKGROUND:
The Edwards Street HSIP road safety improvements were discussed at length at the January and February 2025 Council meetings. Of particular concern to the nearby neighbors were the flashing beacon pedestrian crosswalk signs installed on Edwards Street at Hector and Galindo Streets as part of the safety enhancements designed by City Engineer Josh Wolf of GHD. Wolf did not recommend removing any of the safety elements, but suggested modification alternatives and associated costs. The City’s insurer and risk manager (CIRA) recommended the City maintain design immunity to avoid exposure in the event of a future traffic incident involving a pedestrians at each crosswalk.
After several meetings where the public expressed their feedback about the signage, the Council directed staff to seek a second opinion from another engineering firm with the goal of finding an airtight solution that eliminated the crosswalk beacons and preserve design immunity.
Former City Manager Joe Tagliaboschi combined his own contacts and connections with a referral from a Councilmember to search for a willing engineer to take on the project. Of the 10 names contacted, only one agreed to review the design and possibly remove the flashing beacon signage. After many months of discussion, that engineer informed the City Manager that not only could he not find a way to reverse engineering the installation, but his insurance company had also refused to cover his work if he were to continue with this project.
NEW INFORMATION TO CONSIDER:
CIRA: Although CIRA Risk Managers do not advise removing safety enhancements as designed and constructed by the City Engineer, they did not explicitly state the crosswalks would be excluded from coverage should an accident occur. The only time that Trinidad experienced a defined coverage exclusion was during the Van Wycke Trail closure. That was unique in that there were known, failed, documented, improvements that put coverage at risk if an injury occurred. Design Immunity would be reviewed, along with data suggesting the City ignored a known safety risk, nuisance, or hazard.
HSIP Project Status: After a recent consultation with the City Engineer, Wolf stands firm on his design and suggested modifications listed in the February discussion staff report (see below). He also cautioned that the project has not been closed out yet due to a recent observation made by a resident about the failed thermoplastic crosswalk and shoulder markings installed by RAO Construction’s sub for the project. Wolf contacted RAO and notified them of the failure that will not be accepted by the City. RAO has until the project close-out deadline to make repairs that satisfy the City. The final project deadline is December 31, 2025.
Removing the crosswalk signage will put the City at risk of having to pay the HSIP project grant fund back $10k/intersection = $20,000. The risk is even higher (and certain) if removal occurs prior to final project close-out.
Peak-Season Observations & Trends: Since the last discussion the City has had a few of the busiest months of the year to observe how the public interacts with the crosswalks. It would be worth adding this to the discussion, before reaching any conclusions.
STAFF REPORT PROVIDED IN FEBRUARY 2025
The City of Trinidad has been actively working for over a decade on various transportation and safety improvement projects to enhance pedestrian and bicycle connectivity, as well as overall road safety. A significant focus has been on the pedestrian safety and connectivity improvements on Edwards Street which include the installation of new marked crosswalks with enhanced signage and Rectangular Rapid Flashing Beacons (RRFBs) to improve visibility and driver awareness. These enhancements aim to provide a safer crossing for pedestrians, particularly vulnerable users such as school children. However, the Hector Street crosswalk has faced recent public concern over the visual impact of the crosswalk sign system on the coastal viewshed. Some residents have expressed that the sign systems are unsightly and obstruct the coastal views, arguing that the public safety benefits do not outweigh the viewshed impacts. In response, the City staff have been working to identify potential options to minimize the visual impact while maintaining the original design intent. The following staff report provides a summary of previous City efforts over the past 10+ years to improve pedestrian safety and connectivity on Edwards Street which ultimately resulted in the crosswalks enhancements that were recently installed.
Cycle 2 Active Transportation Project – Van Wycke Trail In 2015, the City of Trinidad received a $714,000 Active Transportation Plan (ATP) grant to repair the failed section of the Van Wycke Trail and to make pedestrian and bicycle improvements to create a safer, more pedestrian and bicycle friendly route between Trinity/Edwards Street intersection and the Trinidad Harbor/Beach area. The project included a new crosswalk across Edwards Street at Hector Street and a new sidewalk on the south side of Edwards Street between Van Wycke Street and Trinity Street.
During the development of the application, the project received several letters of support, including from the Humboldt County Association of Governments (HCAOG), the Trinidad Coastal Land Trust, the Trinidad Museum Society, the Greater Trinidad Chamber of Commerce, the Trinidad Rancheria, and the Trinidad Union School District. The letters were consistent in their support for the project objectives, which included providing for a safer route to the beach/harbor area for residents and visitors, to encouraging outdoor activities, and to promoting an active and healthy lifestyle. The letter from the Trinidad Union School District also mentioned that classes often took walking filed trips to the beach/harbor area and the Telonicher Marine Lab and that a safer route was needed for their younger and more vulnerable students. Copies of the letters of support are attached to this staff report.
After award of the grant and during the development the project, concerns regarding the potential impact to tribal resources resulted in the City abandoning the plan to repair the Van Wycke Trail, and staff instead worked with Caltrans to repurpose the ATP grant to extend a new sidewalk down the south side of Edwards Street, between Galindo Street and Trinity Street. However, several adjacent property owners expressed opposition to the project and without the ability to extend the project timeline due to funding requirements, the Council decided to cancel the project in late 2020.
Cycle 10 HSIP Project
In November 2020, prior to the cancelation of the Van Wycke Trail ATP project, the City applied to the Caltrans Highway Safety Improvement Program (HSIP) Cycle 10 for the aet-aside funding component that targeted critical safety issues identified by Federal Highways Administration (FHWA) and/or Caltrans. In March 2021, Caltrans notified the City that they had been awarded nearly $800,000 in funds through the HSIP to make specific safety improvements, including striping and signage upgrades, guardrail upgrades, and crosswalk enhancements. The HSIP project included the following safety enhancements Edwards Street to supplement pedestrian connectivity work that was expected to occur as part of the Van Wycke Trail ATP project:
• Edwards Street at Galindo Street – A new marked crosswalk with enhanced signage. The existing crossing was unmarked, lacked signage, and had limited visibility for traffic headed up Edwards Street. The crossing was identified as a critical connection between the existing Galindo Street sidewalk and several points of interest on the north side of Edwards Street, including residences and businesses, on-street parking, and the Cal Poly Humboldt Telonicher Marine Lab. The significance of the crossing, along with the uncontrolled nature of the intersection, the busier nature of the road (with local, commercial and visitor traffic), limited stopping sight distance, and the presence of vulnerable users (e.g. school children), made the crossing a good candidate to receive crosswalk enhancements, including warning signage and RRFBs. • Edwards Street at Hector Street – A new marked crosswalk was already planned for this intersection as part of the Van Wycke Trail ATP project. The HSIP project proposed to further enhance the crossing with enhanced signage and RRFBs. The crossing was considered a critical connection between the existing sidewalk on Edwards Street, which dead ended at Hector Street, and the proposed improvements that were to be included as part of the Van Wyke Trail Project. The significance of the crossing, along with the uncontrolled nature of the intersection, the busier nature of the road (with local, commercial and visitor traffic), limited intersection lighting, and the presence of vulnerable users (e.g. school children), made the crossing a good candidate to receive crosswalk enhancements, including warning signage and RRFBs.
Local Road Safety Plan
Between March 2021 and January 2022, the City developed a Local Road Safety Plan (LRSP) in order to identify and prioritize potential safety countermeasures to improve safety in town. The LRSP was developed following a data driven planning process that included public outreach, input from community stakeholders and representatives from partner agencies, and a review of collisions patterns and high-risk roadway characteristics.
The development of the LRSP highlighted the need for connectivity improvements and crosswalk enhancements at several locations in town, including on Edward Street. The HSIP project was a central focus during the development of the LRSP (e.g. during public meetings and is referenced numerous times in the document itself) as the proposed improvements addressed some of the critical areas identified in the LRSP, including pedestrian safety, aggressive driving/speeding, distracting driving, intersection safety, and bicyclist safety.
Coastal Commission Requirements for Enhanced Pedestrian Access on Edwards Street In late 2023, following an effort by the City to officially close the Van Wycke Trail due to safety concerns regarding ongoing erosion and instability, the staff from the California Coastal Commission engaged with City staff and requesting that pedestrian connectivity improvements be made to Edwards Street if the Van Wycke Trail was going to be allowed to close. The Coastal Commission had jurisdiction over the trail closure because it provided pedestrian coastal access.
I early 2024 City staff worked to develop potential near- and long-term options to improve pedestrian connectivity and safety on Edwards Street. The preferred long-term improvement included extending a new sidewalk along the north side of Edwards Street between Hector Street and Galindo Street. The preferred near-team improvements identified included the reconfiguration of the road striping on Edwards Street between the proposed crosswalks at Hector Street and Galindo Street. The reconfiguration of the striping would allow for a buffered shoulder area on the south side of Edwards Street for enhanced pedestrian access.
In summer 2024, the proposed shoulder improvements to Edwards Street, in addition to the enhanced crosswalk at Hector Street were accepted by the California Coastal Commission staff as a mitigation measure that would allow the City to close the Van Wycke Trail.
Cycle 10 HSIP Project - Additional Edwards Street Improvements The City’s HSIP construction contract was awarded in February 2024. After award, City staff worked to identify additional eligible improvements that could be added to the project to maximize the benefit of the grant funding to the City. The Edwards Street improvements requested by the California Coastal Commission staff were identified as potential eligible improvements that could be added to the HSIP project. The proposed additional Edwards Street improvements were presented at the July 2024 City Council meetings for consideration where Council directed staff to proceed with adding the work to the HSIP project.
Crosswalk Markings and Signs - Design Requirements
In California, road striping, markings, and signs are governed by the California Manual on Uniform Traffic Control Devices (CA MUTCD). This manual provides standardized guidelines to ensure consistency and safety across all traffic control devices used on public roads. The CA MUTCD incorporates specific requirements for the design, placement, and maintenance of traffic control devices. These requirements are designed to promote uniformity and clarity, which helps drivers understand and respond to road conditions consistently.
While the CA MUTCD sets forth detailed standards, it also recognizes the importance of engineering judgment.
This allows engineers to adapt the guidelines to address unique, site-specific conditions. For example, engineers can modify the placement or type of signage and markings based on factors such as road geometry, traffic volume, and visibility. This flexibility ensures that the most effective and safe solutions are implemented in diverse situations.
Although not mandatory at crosswalks, the CA MUTCD provides options for pavement markings and warning signage to enhance crosswalks in order to better alert road users that pedestrians may be crossing the roadway.
The CA MUTCD also includes guidance on suggested sign panel sizes and recommends a minimum 30”x30” pedestrian warning sign (W11-2) panel for single lane conventional roads. However, the CA MUTCD does allow for smaller 24”x24” sign panels subject to site conditions and engineering judgement.
Rectangular Rapid Flashing Beacons (RRFBs)
RRFBs are specialized lights installed at pedestrian crosswalks to enhance safety. When a pedestrian presses a button, the RRFBs emit bright, rapidly flashing yellow lights, alerting drivers to stop and allow pedestrians to cross. RRFBs have been proven to significantly improve visibility and driver awareness, making it safer for pedestrians to cross the street. By increasing driver yielding rates, RRFBs help reduce the risk of accidents. They are particularly beneficial for vulnerable pedestrians, such as the elderly, young children, and individuals with disabilities, who may otherwise find it challenging to cross safely.
The CA MUTCD allows California jurisdictions to optionally use RRFBs as a pedestrian-actuated enhancement at uncontrolled marked crosswalks. RRFBs must be used in conjunction with other pedestrian warning signs located at or near the crosswalk.
RRFBs are recognized as an eligible safety countermeasure under the HSIP due to their proven effectiveness.
For more detailed information on the applicability and benefits of RRFBs at pedestrian crossings, you can refer to the FHWA publication linked here (https://highways.dot.gov/sites/fhwa.dot.gov/files/RRFB_508_0.pdf).
Design Immunity
According to Government Code §830.6, Design Immunity is defined as follows:
A public entity is not liable for injuries caused by a dangerous condition of public property if the following three essential elements are satisfied:
1. A causal relationship between the plan or design and the accident
2. Discretionary approval of the plan or design before construction or improvement
3. Substantial evidence supporting the reasonableness of the plan or design According to the City’s Risk Manager, since the current design was developed by a licensed engineer, is based on CA MUTCD standards, and approved by the City Council, then the City could assert design immunity if a claim was presented in which the accident had a causal relationship.
If the City was to remove the signs or change elements of the approved design, the design immunity would be lost. If the Council was to vote to make changes to the existing design, without the benefit of an engineer providing a design, the design immunity would also be lost. The only way to make changes and keep design immunity would be for a licensed engineer to approve a new/modified design and have it approved by the City Council before any changes were made.
Public Feedback on the Edwards Street Crosswalk Systems and Potential Options to Reduce Sign Height and Visual Impact
The Council and City staff have recently received feedback from several nearby residents regarding the project’s crosswalk sign systems on Edwards Street. Some residents have expressed support and appreciation of the sign systems and safety enhancements, especially for those with disabilities. While others were concerned that the crosswalk sign systems were unsightly and obstructing the coastal viewshed. They also argued the public safety benefit did not outweigh the viewshed impacts that the sign installation has caused to nearby homeowners and that sign systems should be removed.
As a result of the feedback, staff have been working to identify potential options to minimize the visual impact of the sign system on Edwards Street at Hector Street, while maintaining the original design intent. Staff have identified the potential options below for Council’s consideration (note that these options could be implemented separately or together):
Option 1 – Replace Sign Panels with Smaller Size Panels Replace the existing 30”x30” sign panels (W11-2) with smaller 24”x24” panels as allowed by the CA MUTCD. This design change would be allowable for the following reason: 1) Edwards Street is a low-speed (20 MPH posted), lower-volume (ADT<900) two-lane roadway, 2) Edwards Street at the crosswalk is relatively straight with good visibility and adequate stopping sight distance, and 3) the RRFB system enhances the sign visibility. The red curb paint (no parking area) at the intersection with Hector Street should also be extended to be 20’ long to enhance visibility of the sign. The estimated construction cost for this option is approximately $1,500.
Option 2 – Lower Sign on Bluff-Side and Relocate Sign on Hector Street Corner Since the sign on the south (bluff) side of Edwards is in a non-pedestrian area, it can be lowered by approximately 2 feet. The sign on the Hector Street side of Edwards Street can be moved behind the sidewalk and a separate pedestrian pushbutton post assembly (and connecting wiring) installed at the curb ramp where the sign post current stands. The red curb paint (no parking area) at the intersection with Hector Street should also be extended to be 30’ long to enhance visibility of the sign and crosswalk. The estimated construction cost for this option is approximately $10,000.
Option 3 – Replace Solar Panel and Control Cabinet
Replace the separate pole-mounted control panel (that’s currently above the signs but below the solar panel) with an integrated sign/panel system (similar to what’s at the crosswalk in front of Town Hall). This would result in a slimmer profile system and would allow the solar panels to be lowered slightly (by ~1’±). The estimated construction cost for this option is approximately $10,000.
ENVIRONMENTAL REVIEW
Not applicable.
FISCAL IMPACT
• Is there a Fiscal Impact: Yes
• Is it Currently Budgeted: No, although it is possible that the City could receive supplemental funding from Caltrans to pay for additional work. If not, the City would be responsible for all additional costs. • Where is it Budgeted: N/A
• Mandatory or Discretionary: Discretionary
• Staff Resource Impact: No
ATTACHMENTS
DISCUSSION AGENDA ITEM 5
SUPPORTING DOCUMENTATION ATTACHED
5. Staff Activity Report – August 2025
CITY OF TRINIDAD STAFF REPORT
DATE: Tuesday, September 09, 2025
TO: Mayor and City Council
FROM: Gabriel Adams, Interim City Manager
DISCUSSION AGENDA ITEM: Staff Activity Report – August 2025 STAFF RECOMMENDATION: Review content, discuss, and receive public input.
DRAFT MOTION TO CONSIDER: Accept Staff Activity Report for August 2025.
AUGUST 2025 SUMMARY
- STAFF PRODUCTIVITY
o ADMINISTRATION: At the direction of Council in July, the August regular meeting was cancelled due to several factors, including vacation schedules and availability of Councilmembers and staff. A special meeting, however, was called to handle a few time-sensitive matters on August 06. The minutes of that meeting are included in the September meeting packet for review. In lieu of time normally spent preparing for a regular Council meeting, administrative staff used this lull to catch up on a backlog of projects and provide facility coordination support to the TBAM event staff. o PUBLIC WORKS: Public Works has also benefited from slower vegetation growth during the dry months and has been able to focus on fine tuning trail landscapes and other projects, including curb and sidewalk painting, drainage ditch clearing in preparation of fall/winter rainy season, storm drain inspections mandated MS4 State Waterboard requirements, and tending to the impacts of peak visitor season (waste and litter removal, public building and facility upkeep, etc.).
o WATER: Purchased new equipment funded by the $40k Measure Z award to upgrade and improve drinking water quality and reliability (streaming current monitor, 4 new turbidimeters with 2 controllers).
Hired a tree service to remove a hazardous tree that was aged and a threat to the treatment plant facility.
Currently working on getting estimates from qualified contractors for three separate water service connection requests. Performing a cross-connection (Backflow) survey as mandated by SWRCB to be implemented in 2025, etc.
Currently operating with T3 Contractor Eric Sanders providing his service for a flat fee of $4k/month.
In-house staff member Carl Anderson (T3 in training) passed exam several months ago and is working towards fulfilling the 1800 hours required to receive the license, and currently scheduled to take his Distribution 2 certification test in October. Kyle Shipman (T2) and Say-gep Brown (T2) are studying for their Distribution exam (date yet to be determined)
Dereck Shadle is expecting to take his T2 Exam by November. o LUFFENHOLTZ CREEK LOW FLOW SEASON: Todd Kraemer of
Pacific Watershed Associates was in the field on 08/19/2025 and conducted the creek flow measurement which resulted in a bypass flow of 4.97 cfs. Kraemer noted there was very little change from the previous week, the baseflow is holding steady, and to ensure result accuracy he would return this week to begin September’s bypass flow measurements until significant rainfall occurs.
o PLANNING: City Planner Trever Parker has attended several meetings with all the stakeholders involved with the Axel Lindgren Memorial Trail Repair Project CDP that was appealed by the Tsurai and currently under review by the Coastal Commission. Parker has also fielded inquiries from the State Housing Authority regarding the City’s Housing Element, strategized and coordinated development of the Humboldt Bay Municipal Water Feasibility RFP strategy with the City Engineer and City Manager, attended coordination meetings with LAFCO and the Mill Creek residents that have requested city water hookups, and worked with the City Attorney to develop an understanding of the updated MOU with the County Environmental Health to provide various public health related services such as Septic System permitting and oversight, food service industry permitting, etc. Several of these items will be presented to the Council for review in September and October.
o ENGINEERING: City Engineer Steve Allen has also attended several meetings with ALMT stakeholders providing technical input on the City’s short and long-term proposals to open the trail as per the Planning Commission and City Council approval and direction back in July. Allen has also been working with the City Manager and Planner to develop the draft RFP for Humboldt Bay Municipal Water Feasibility as per direction of the Council back in July.
o BUILDING: City Building Inspector Dan Dimick has kept busy fielding inquiries regarding many types of permits typically requested this time of year such as re-roof’s, solar installations, window replacements and plumbing and electrical repairs. He is also keeping up on progressive inspections happening with two new homes being constructed (Berry Road, Langford Road) and a large remodel on Westhaven Drive. o CEMETERY: The new Cemetery rates went into effect immediately after Council adoption on July 08.
Since then, two full sized plots (3’x8’) were purchased at the non-local rate ($7,500), one was purchased at the local rate for multiple cremations ($2,500). Two cremation plots were sold at the local rate ($1,500) - AXEL LINDGREN MEMORIAL TRAIL STATUS UPDATE
The Coastal Commission will be considering the question of whether the appeal of the City’s approval of repair of the base of the ALMT with installation of cable steps to replace the ones that washed away raises a substantial issue with respect to coastal resources. The item will be heard on Wednesday, September 10 (Item 12c). The Coastal Commission staff recommendation is that it does. If the Coastal Commission agrees with their staff, then the Coastal Commission will consider the permit itself (or some alternative of it) at a future meeting. If the Coastal Commission finds that the appeal does not raise a substantial issue, then the appeal is not accepted and the City’s action will go into effect.
For a substantial issue hearing, the Coastal Commission does not take any verbal testimony at the hearing unless at least three Commissioners request it. And even then, testimony would be strictly limited to the relevant parties and limited in time. There will be no opportunity for public comment. However, anyone can submit written comments prior to the hearing. A future hearing on the permit will be open to public comment. City staff will be submitting a letter providing additional background on the difficult position that the City is in and urging the Coastal Commission to find that the appeal raises no substantial issue. Staff will also attend the meeting via Zoom to be available to answer any questions.
The staff report, exhibits and comments can be accessed at the following link: https://www.coastal.ca.gov/meetings/agenda/#/2025/9 To submit a comment, click on the link in the description of the agenda item or email [email protected], and reference agenda item W12c Appeal No. A-1-TRN-25-0020 - FUTURE AGENDA TOPICS UNDER DEVELOPMENT
o Underground Utilities: Staff engaged with Underground Utility Project Specialists at PG&E in an effort to coordinate a presentation for the Council at a future meeting, targeting October 2025, to shed light on how the Rule 20A Undergrounding Program works and explore the feasibility of undergrounding overhead lines in Trinidad. Barriers to be discussed include regulatory hurdles of creating and prioritizing certain underground utility districts, general cost estimates, and funding sources. o Compensation and Classification Study: Staff received a working draft of the study from Regional Government Services (RGS) on Thursday, September 04, and will begin an internal review within a week.
The final report, recommendations, and implementation strategy will be presented to the Council at the regular meeting in October.
- GRANT PROJECTS
o Trinidad-Westhaven Emergency Intertie Project: After a sealed competitive bid process was performed, the Council awarded the construction contract award to Karl Benemann Contracting by consent on July 08, and issued the Notice to Proceed on July 25. Staff finalized contract documents in July and is holding weekly meetings with the Contractor to keep the project on task for conclusion on or before December 12.
City Grant Administrator Angela Cather has been developing the financial pipeline within the City’s accounting structure to enable timely payments to the engineers and contractors, as well as the invoicing structure to ensure efficient reporting and reimbursement requests from the grantor (DWR). o Per Capita Parks & Recreation: With the Racquet Court improvement project rejected by Council in July, staff has shifted attention to utilizing these funds to develop a shovel ready repair plan for the decaying boardwalk-sidewalk surface leading down Edwards Street from Van Wycke to the Harbor. A land tenure agreement between the City and the Trinidad Rancheria is the main hurdle left before the City can complete the application. The Council will have the opportunity to review the draft Boardwalk Agreement at their regular meeting on September 09. Approval will authorize staff to engage in discussions with the Rancheria staff and receive formal recognition and support from the Tribal Council. - PUBLIC SAFETY
o Vandalism Spree: In mid-July several residents reported a string of vandalism and attempted break-in’s that turned out to be isolated to a 2-3 day period. County Sheriff was notified, increased patrols, and published the following press release. Pacific Coast Security also modified their patrol hours and increased their presence immediately following the first few reports of vandalism. The City is unaware of any suspects detained in association with that isolated spree.
o Suspicious Person/Bicycle Theft: In mid-August a resident captured a suspicious person trespassing on their property, followed by the theft of a bicycle on a home surveillance system. The bike was found a few blocks away the following day.
o HSCO Reports/Statistics: A full list of calls/stats for July/August are included in the meeting packet. - CAPITAL IMPROVEMENT PROJECTS UNDERWAY
o Town Hall Window Replacement and Rot Repair: Contracts have been executed with Adams Commercial General Contracting (ACGC) for the Town Hall window replacement and rot repair, and Hamanaka Painting.
Adams Commercial has their part underway. Exterior painting will following new window installation (likely October). Mayor Kelly will unveil a proposal to select the color combination at the September meeting.
Window replacement is scheduled for the period of September 29-October 13. Painting will begin once construction is completed, weather permitting.
STAFF REPORT SUPPLEMENTAL
Date: Tuesday, September 09, 2025
Background Info: 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. As we enter into the summer low-flow months, the focus of these reports (during the dry 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 323 customer meters, measured in cubic feet (7.48 gallons = 1 cubic foot).
July 2021 251,168 cuft January 2021 161,379
July 2022 198,081 January 2022 189,201
July 2023 223,806 January 2023 154,543
July 2024 264,491 January 2024 148,407
July 2025 292,315 (17.37% Water Loss) January 2025 131,229 (16.59% Water Loss) August 2021 269,771 February 2021 178,545
August 2022 227,681 February 2022 154,634
August 2023 265,808 February 2023 136,626
August 2024 233,215 February 2024 132,690
August 2025 218,593 (19.53% Water Loss) February 2025 131,537 (20.66% Water Loss) September 2020 302,614 March 2021 187,607
September 2021 227,831 March 2022 184,103
September 2022 216,470 March 2023 152,813
September 2023 200,348 March 2024 125,188
September 2024 200,050 (22.16% Water Loss) March 2025 136,579 (22.52% Water Loss) October 2020 230,430 April 2021 192,287
October 2021 203,176 April 2022 173,115
October 2022 180,065 April 2023 145,504
October 2023 188,335 April 2024 176,413
October 2024 206,875 (21.34% Water Loss) April 2025 171,808 (17.31% Water Loss) November 2020 198,813 May 2021 242,529
November 2021 204,438 May 2022 154,634
November 2022 169,144 May 2023 211,380
November 2023 151,914 May 2024 182,738
November 2024 159,316 (26.54% Water Loss) May 2025 216,497 (10.83% Water Loss) December 2020 185,860 June 2021 269,087
December 2021 201,160 June 2022 233,692
December 2022 170,419 June 2023 209,336
December 2023 122,937 June 2024 229,339
December 2024 159,299 (23% Water Loss) June 2025 203,350 (23.71% Water Loss) Water sold (consumed) in July reached a seasonal high, but August hit a record low. Water loss remained within our comfort-zone annual average. 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.