09-09-2025 City Council Meeting Minutes Page 1
MINUTES OF THE REGULAR MEETING OF THE TRINIDAD CITY COUNCIL TUESDAY, SEPTEMBER 09, 2025 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Breckenridge, Varela, and Kenny. Tuttle was absent. City Staff in attendance: City Clerk/Interim City Manager Gabriel Adams, Administrative Assistant Anton Souza, and Grant Administrator Angela Cather. Approximately (4) participants were present by video-conference, and (6) were present live at the beginning of the meeting.
II. PLEDGE OF ALLEGIANCE
III. ADJOURN TO 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 – No reportable action taken.
V. APPROVAL OF THE AGENDA
Motion (Kenny/Breckenridge) to approve the agenda as amended, pulling consent 3 (Boardwalk Agreement) for discussion. Passed 4-0.
VI. APPROVAL OF MINUTES – 06/10/2025 cc, 07/08/2025 cc, and 08/06/2025 scc Motion (Kenny/Breckenridge) to approve the 06/10/2025 minutes as submitted. Passed 4-0.
July and August minutes were not prepared in time and were postponed until October.
VII. COUNCIL REPORTS/COMMITTEE ASSIGNMENTS
Varela: Nothing to report.
Kenny: HCAOG, Housing needs presentation was made by HCD. It was a very informative session. Budget amendments were also discussed.
Breckenridge: Attended the RREDC meeting. There was no information to report.
Kelly: Attended RCEA meeting on August 28. Approved and attested to the voracity of the 2024 Power Source Disclosure Report. Also attended the LAFCO meeting on September 03, where a closed session was held to reconsider the Kneeland Fire Department annexation proposed. Decision has been continued to the September 17 meeting. Town Hall paint color advisory selection process will be available in the office for members of the public may choose, by vote.
VIII.PUBLIC SAFETY REPORT – City Manager & Law Enforcement HCSO Lt. McCall summarized calls for service, included in the meeting packet.
Interim City Manager Gabriel Adams noted his satisfaction and confidence with the City’s public safety team (HCSO and Pacific Coast Security) that was demonstrated during the vandalism spree that occurred this summer. There was a coordinated response that resulted in effective information sharing, and a possible suspect identified.
Trinidad Rancheria Executive Director Jacque Hostler-Carmesin noted Public Safety Officer Sam Kuckins works heavily with your office and coordinates with the security service in Trinidad.
IX. ITEMS FROM THE FLOOR
(Three (3) minute limit per Speaker unless Council approves request for extended time.) 09-09-2025 City Council Meeting Minutes Page 2
Paula Levine – Trinidad
Asked that the Water Advisory Committee’s objectives to be considered by the City Council. Possible future annexation of Mill Creek Lane should include a short survey to all residents asking if they’d be included. Would like to see a monthly expense progress report on the Humboldt Bay Water RFP. Council should consider reinstating the WAC.
X. CONSENT AGENDA
1. Financial Statements – July 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.
Mayor Kelly explained that the Rancheria has directed the City to pursue a Right of Way agreement with the BIA instead of considering the proposed boardwalk agreement that has been rejected by Tribal Council.
Executive Director Jacque Hostler-Carmesin echoed that this formal process should be pursued.
Kenny: Asked Vice-Chairman Hemsted if the status quo can still be achieved with the boardwalk being used by the public during the process of pursuing the easement.
Robert Hemsted – Trinidad Rancheria Vice Chairman
Unaware of the Rancheria saying the City was not allowed to use the boardwalk. In order to do the project we would appreciate the City going through the proper application instead of through an undocumented handshake agreement. We allow public access to the Harbor.
Interim City Manager Adams noted this delay will hold up the boardwalk improvement project. Without a land tenure agreement in place, the project cannot go forward. Per Capita funding will expire in 2028 so there is still time. In the meantime, the City will continue with minor repairs as-needed, in cooperation with the Rancheria’s maintenance team as landowner of the improvements.
By consensus, Council directed staff to pursue the Right-of-Way process with the BIA as recommended by the Rancheria for Boardwalk land tenure agreement, and bring it back for approval (if needed) in October.
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.
Motion (Kenny/Breckenridge) to approve consent agenda as amended, pulling the Boardwalk item 3 for discussion. Passed 4-0.
XI. DISCUSSION/ACTION AGENDA ITEMS
1. Accept Resignation of Councilmember Carrie Varela and Authorize Staff to Begin Recruitment to Fill the Vacancy.
Interim City Manager Gabriel Adams explained that Councilmember Carrie Varela has submitted a letter of resignation. The Council must first act by accepting the resignation, and authorize staff to begin recruitment.
California Election law mandates the vacancy be filled by appointment within 60 days or a special election must be held.
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*.
*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.
09-09-2025 City Council Meeting Minutes Page 3
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.
Adams further explained that 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.
Councilmember Varela thanked the Council and community for accepting her in this role, and offered support to her replacement if needed. I’m happy to fill the role through meeting tonight if fellow Councilmembers would be ok with it.
Council comments included:
Kenny: Varela’s participation may taint any votes taken tonight, and would appreciate her participation while abstaining from votes. I may overlook potential problems, and thanked her for participation in the great American experiment of democracy. Wished her success in her future endeavors.
Kelly: Comfortable with Varela participating, but abstaining from votes as well.
Public comment included:
Jeff Bairey – Trinidad
Upon resignation of a position, it is effective immediately.
Motion (Breckenridge) to Accept Resignation of Councilmember Carrie Varela as of September 10, allowing her to vote on matters tonight. Motion failed due to lack of second.
Motion (Kelly/Kenny) to accept resignation of Varela, support her participation for the remainder of tonight’s meeting while abstaining from votes, and authorize staff to begin recruitment to fill the vacancy. Passed 3-0.
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.
Interim City Manager Adams explained that 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 agreement is significantly outdated, and the breadth of services DEH provides has substantially increased since then.
City Planner Trever Parker further explained that 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 09-09-2025 City Council Meeting Minutes Page 4
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.
Public comment included:
Patti Fleschner – Trinidad
Asked about how this will affect the current OWTS permitting process handled by the City. City Planner Parker noted the City will continue to handle the operating permits, and the County will continue to handle system repair permits, etc.
Council comments included:
Kenny: After reading through the OWTS ordinance, it’s clearly helpful to have the expertise of the County to help our residents. This is a positive step forward to keep things running smooth.
Motion (Breckenridge/Kelly) to 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. Passed 3-0.
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.
Interim City Manager Adams explained that 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 09-09-2025 City Council Meeting Minutes Page 5
investigate complaints, code enforcement / nuisance abatement responsibility will generally be with the City if a violation is found and not immediately corrected.
There was no public comment.
Motion (Breckenridge/Kenny) to waive the full reading and approve the first reading of Ordinance 2025-03 by title only, amending sections of the Trinidad Municipal relating to the Health Officer and providing a regulatory framework for implementing the MOA. Passed 3-0.
4. Discussion/Decision regarding Edwards Street Crosswalk Safety Improvements.
Interim City Manager Adams explained that 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 FOR CONSIDERATION:
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.
Council questions included:
Breckenridge: The intersection at Parker Street and Trinity is dangerous. I feel at risk when crossing there.
Could the beacons be moved there and still covered by the grant? 09-09-2025 City Council Meeting Minutes Page 6
Varela: Is there some usage data through the beacon device that can be tracked? Adams was unsure but agreed to look into it.
Kenny: Concur with the City Manager’s recommendation to close out the grant before doing anything. I have not changed my position feeling the crosswalks are good, but the flashing signs do not square with the visual uniqueness of where we live. Inclined to find a way to remove them without sacrificing design immunity with clear findings, should we go that route. 1) lack of prior history of car vs. pedestrians at that location, 2) no visual impairments of the oncoming intersection, 3) low speed limit on Edwards, 4) decreased effectiveness on overuse of RRFB’s., and 5) outreach didn’t happen on Edwards and signs are heavily regulated. Visitors from out of town are used to seeing these, but we shouldn’t do anything until we close out the grant – and until we have a full Council. Maybe we can sell the RRFB’s to another city.
Breckenridge: Can these signs be transferred elsewhere? City Manager Adams offered to look into it.
Kelly: If there was a proposal to move them, we should go through proper outreach with plenty of communication prior.
Public comment included:
Andrew Davis – Trinidad
Hector Street resident, observing them on a daily basis. People do not use the sign nor crosswalk. I challenge that crosswalk’s necessity. I’m comfortable waiting for the grant to close out before making any final decision.
Also, the extra area along Edwards Street at the crosswalk is a place for vehicles to stop and take photos.
Jeff Bairey – Trinidad
Agree with Davis’s comments about pedestrian habits. Nobody goes all the way down Edwards to Galindo and uses the crosswalk. That one is unnecessary too. I appreciate personal observations, but we need a real traffic study, done by a real engineer, analyzing speed, frequency, and patterns. We have never done that, and GHD should have done this before these crosswalks were considered. There was never any indication Edwards was unsafe without these signs. GHD came up with this grandiose design and spent free money.
I’m ok with letting this go for a few months while the grant closes out. After that, let’s talk seriously about getting a City Engineer that lives here or close enough to know what we value. I get a very distinct impression from GHD, a global engineering company based out of Australia, that they obviously don’t care about what we care about (viewshed) and the important things of our small-town culture. He just wants to over-design this thing, and spend time earning money on improvements that may or may not be needed, without compromise.
I’d like all signs to go, but in the spirit of compromise he wouldn’t even consider. There alternatives that were not researched. You don’t get a lot of engineering for $7,500. Safety is paramount to everyone. I don’t appreciate the opinion that viewshed is more important than safety.
Elaine Weinreb – Trinidad Area Resident
There is a lack of understanding of who has right-of-way at intersections. Why isn’t the City pursuing a better solution, instead, for dysfunction junction (entry of town).
Motion (Kenny/Breckenridge) to table the item to a future meeting. Passed 3-0.
5. Staff Activity Report – August 2025
Interim City Manager summarized staff activities detailed in a report included in the meeting packet.
Council comments included:
Breckenridge: Councilmember Tuttle commented last month about vacant homes and impacts of STR’s on School enrollment. He asked the Council to reconsider the current cap and possibly lower the number of permitted units to change this dynamic. Could we possibly get a refresher on the STR cap? Varela: The School received a last minute enrollment boost that met their overall goal for the year.
Kelly: G2G with Yurok Tribe and Trinidad Rancheria, with topics to include the dispensation of the 12.5 Acres, and others.
09-09-2025 City Council Meeting Minutes Page 7
FUTURE AGENDA ITEMS
- G2G with Yurok and Trinidad Rancheria.
ADJOURNMENT: 8:00pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor