Special City Council Meeting Agenda: 05-06-2026 scc Page 1 Posted: Friday, May 01, 2026
NOTICE AND CALL OF A SPECIAL MEETING OF THE
TRINIDAD CITY COUNCIL
The Trinidad City Council will hold a special meeting on WEDNESDAY, MAY 06, 2026, at 5:15PM
at the Trinidad Town Hall, 409 Trinity Street, Trinidad, CA.
The Council will convene in open session, then recess to closed session. The Council is expected to reconvene in open session at approximately 6:00pm. 5:15PM SPECIAL MEETING / CLOSED SESSION PORTION
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: 867 7634 7972 Passcode: 837804 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. PUBLIC COMMENT ON CLOSED SESSION ITEM
Members of the public may comment on the closed-session item listed below before the City Council recesses to closed session.
III. ADJOURNMENT 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 IV. RECONVENE TO OPEN SESSION – 6:00PM
V. PLEDGE OF ALLEGIANCE
VI. APPROVAL OF AGENDA
VII. DISCUSSION/ACTION AGENDA ITEMS
1. Resolution 2026-04; Approval of Partial Settlement Agreement with the Cher-Ae Heights Indian Community of the Trinidad Rancheria and Authorization for Mayor to Execute Agreement.
X. FUTURE AGENDA ITEMS
XI. ADJOURNMENT
CITY OF TRINIDAD STAFF REPORT
DATE: Wednesday, May 06, 2026
TO: Mayor and City Council
FROM: Interim City Manager Gabriel Adams & City Attorney Russ Gans
DISCUSSION AGENDA TITLE
1. Approval of Partial Settlement Agreement with the Cher-Ae Heights Indian Community of the Trinidad Rancheria and Authorization for Mayor to Execute Agreement
RECOMMENDED ACTION
Adopt Resolution 2026-04; approving the Partial Settlement Agreement between the City of Trinidad and the Cher-Ae Heights Indian Community of the Trinidad Rancheria; appointing the Trinidad Rancheria to the Tsurai Management Team; authorizing the Mayor to execute the Agreement on behalf of the City; and making the City's approval subject to adoption and acceptance by the Humboldt County Superior Court, including any required good faith settlement and retention of jurisdiction order.
EXECUTIVE SUMMARY
The City Council is asked to consider approval of a Partial Settlement Agreement between the City of Trinidad ("City") and the Cher-Ae Heights Indian Community of the Trinidad Rancheria ("Trinidad Rancheria" or "Rancheria") concerning a portion of the pending litigation in City of Trinidad v. Tsurai Ancestral Society, et al., Humboldt County Superior Court Case No. DR 180684. The Agreement resolves disputes between the City and the Trinidad Rancheria regarding the Trinidad Rancheria's appointment to and participation in the Tsurai Management Team ("TMT") for the Tsurai Study Area ("TSA").
The Agreement requires the City Council to adopt a resolution appointing the Trinidad Rancheria to the TMT and conditioning the City's participation in future TMT meetings on the Trinidad Rancheria's participation as a member. In exchange, within five days after the City Council adopts the required resolution containing the Agreement's factual basis for appointment, the Trinidad Rancheria will voluntarily dismiss the First Cause of Action of its Cross-Complaint in Case No. DR 180684. The remaining causes of action in the Rancheria's CrossComplaint will proceed subject to the terms of the Agreement.
The Agreement further provides that the Parties will seek approval from the Humboldt County Superior Court, including a good faith settlement determination and retention of jurisdiction for enforcement purposes. The Agreement states that Court approval is a condition and contingency to the enforceability of the Agreement.
BACKGROUND
The City holds title to approximately 12.6 acres of property known as the Tsurai Study Area, located on the bluffs adjacent to the Pacific Ocean and near real property held in trust by the United States for the benefit of the Trinidad Rancheria. Tsurai Village, which is located within the TSA, is identified in the Agreement as a tribal cultural resource under Public Resources Code section 21074.
In 2007, the City adopted the Tsurai Management Plan ("TMP") and has worked with the Tsurai Management Team concerning implementation of the TMP. In 2018, the City filed Humboldt County Superior Court Case No.
DR 180684 seeking declaratory relief regarding the rights and obligations of parties connected to the TSA and the TMP, among other issues. In 2019, the Trinidad Rancheria filed a Cross-Complaint in the litigation. The First Cause of Action of the Cross-Complaint seeks declaratory relief regarding whether the Trinidad Rancheria should and can be added to the TMT and allowed to attend and participate equally in TMT meetings. The City's Complaint likewise seeks a declaration that the City has authority to appoint the Trinidad Rancheria to the TMT.
The Yurok Tribe was dismissed from the litigation in 2019 upon its motion and exercise of sovereign immunity, and the California Coastal Commission intervened as a defendant in the action. The proposed Partial Settlement Agreement resolves only the disputes between the City and the Trinidad Rancheria regarding the Rancheria's appointment to the TMT and related declaratory relief issues regarding the City’s municipal authority to do so.
DISCUSSION
Under the proposed Agreement, the City Council would appoint the Trinidad Rancheria to the TMT and condition the City's participation in future TMT meetings on Trinidad Rancheria participation as a member.
The Agreement specifies factual findings for the City Council's basis for entering the Agreement.
The Agreement also requires the City Council to find that the City recognizes and accepts that both the Trinidad Rancheria and the Yurok Tribe have asserted and presented credible evidence that their respective Tribes are culturally affiliated with the TSA, and that the City is not qualified to be the arbiter of cultural affiliation with respect to either Tribe. Accordingly, the City accepts the assertions of both Tribes with respect and deference to each.
The City Council may also rely on logistical and practical facts supporting appointment of the Rancheria, including the scope and proximity of the Rancheria's adjacent real property holdings; the Rancheria's interest in preservation of coastal trail and beach access; the Rancheria's past support for preservation and protection of the TSA, including assistance with relocation of the Trinidad lighthouse; delays in City permitting and planning applications related to the TSA associated with non-participation of the Rancheria on the TMT; and the need for separate and additional tribal consultations absent TMT participation.
As a condition of TMT appointment, the Rancheria will consent to Brown Act-compliant TMT governance procedures and protocols established by the City, including closed session methodology for discussions regarding sensitive artifact locations. Within five days after the City Council approves the appointment resolution with the required factual basis, the Rancheria will voluntarily dismiss the First Cause of Action of its Cross-Complaint in Case No. DR 180684. The Parties also agree that declaratory relief remedies requiring appointment of the Rancheria to the TMT will be deemed moot and satisfied in accordance with the Agreement.
The Agreement contains mutual waivers of monetary damages, costs, and attorney's fees between the City and Rancheria in Case No. DR 180684, subject to the terms of the Agreement. Each Party will bear its own costs and attorney's fees. The Agreement also provides for cooperation in any future third-party litigation or claims related to the Agreement after Court approval, with each Party independently bearing its own costs and attorney's fees.
The Agreement is expressly conditioned on approval by the Humboldt County Superior Court. The Parties agree to seek a good faith settlement determination and an order retaining jurisdiction for enforcement purposes under Code of Civil Procedure section 664.6. The Agreement provides that Court approval of the partial settlement and Court recognition of the good faith nature of the settlement are conditions and contingencies to enforceability.
FISCAL IMPACT
Approval of the Agreement is expected to reduce or narrow litigation issues between the City and the Trinidad Rancheria by resolving the TMT appointment dispute and providing reciprocal waivers of monetary damages, costs, and attorney's fees between those Parties. The City will continue to bear its own costs and attorney's fees in connection with the Agreement, the remaining litigation, and any future claims related to the Agreement, as provided in the Agreement. Staff does not identify any additional direct fiscal impact from adoption of the Resolution beyond existing litigation and potential reduction of future administrative costs.
ENVIRONMENTAL REVIEW
The proposed action approves a partial litigation settlement, authorizes execution of the Agreement, and appoints a representative entity to participate in the TMT. The action does not approve any physical development, change in land use, or activity that may result in a direct or reasonably foreseeable indirect physical change in the environment. Staff recommends that the City Council find that the action is not a project under the California Environmental Quality Act ("CEQA") because it is an organizational, administrative, and litigation-related action.
Alternatively, the action is exempt under the common sense exemption because it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment.
RECOMMENDED MOTION
Move to adopt Resolution No. 2026-04, approving the Partial Settlement Agreement with the Cher-Ae Heights Indian Community of the Trinidad Rancheria, appointing the Trinidad Rancheria to the Tsurai Management Team, authorizing the Mayor to execute the Agreement on behalf of the City, and making the City's approval subject to Humboldt County Superior Court adoption and acceptance, including approval of the partial settlement and retention of jurisdiction for enforcement purposes.
ATTACHMENTS:
1. Draft Resolution No. 2026-04
2. Partial Settlement Agreement between the Cher-Ae Heights Indian Community of the Trinidad Rancheria and the City of Trinidad
3. Evidence of Traditional and Cultural Affiliation between the Trinidad Rancheria and the Tsurai Study Area 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 2026-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TRINIDAD APPROVING A PARTIAL
SETTLEMENT AGREEMENT WITH THE CHER-AE HEIGHTS INDIAN COMMUNITY OF THE TRINIDAD
RANCHERIA APPOINTING THE TRINIDAD RANCHERIA TO THE TSURAI MANAGEMENT TEAM A. WHEREAS, the City of Trinidad ("City") holds title to an approximate 12.6-acre parcel of property known as the Tsurai Study Area or TSA, located on the bluffs adjacent to the Pacific Ocean and real property held in trust by the United States for the benefit of the Cher-Ae Heights Indian Community of the Trinidad Rancheria ("Trinidad Rancheria" or "Rancheria"); and
B. WHEREAS, the Tsurai Village, a tribal cultural resource as defined in Public Resources Code section 21074, is located within the TSA; and
C. WHEREAS, in 2007 the City adopted the Tsurai Management Plan ("TMP") and since adoption of the TMP the City has met and worked with the Tsurai Management Team ("TMT") regarding implementation of the TMP; and
D. WHEREAS, in 2018 the City filed Humboldt County Superior Court Case No. DR 180684 against the Tsurai Ancestral Society, the Yurok Tribe, the California State Coastal Conservancy, and the Trinidad Rancheria, et al., seeking declaratory relief to resolve actual controversies regarding the rights and obligations of the parties to the City's lawsuit regarding numerous issues, including, among others, the Trinidad Rancheria’s appointment to the TMT; and
E. WHEREAS, in 2019 the Trinidad Rancheria filed a Cross-Complaint in Case No. DR 180684, the First Cause of Action of which seeks declaratory relief to resolve an actual controversy as to whether the Trinidad Rancheria should and can be added to the TMT and allowed to attend and participate equally in meetings of the TMT, and the City’s authority related to appointment; and F. WHEREAS, by its Complaint in Case No. DR 180684, the City has sought a declaration from the Court that it has the authority to appoint the Trinidad Rancheria to the TMT; and G. WHEREAS, the Yurok Tribe was dismissed from Case No. DR 180684 in 2019 upon its motion and exercise of sovereign immunity from suit, and the California Coastal Commission intervened as a defendant in the action; and
H. WHEREAS, the City and the Trinidad Rancheria have negotiated a Partial Settlement Agreement, an unexecuted copy of which is attached hereto as Exhibit A ("Agreement") to resolve disputes between them regarding the Trinidad Rancheria's appointment to and participation in the TMT and related claims for declaratory relief; and
I. WHEREAS, the Agreement requires the City Council to approve a resolution appointing the Trinidad Rancheria to the TMT and to condition the City's participation in future TMT meetings on Trinidad Rancheria participation as a member of the TMT; and
J. WHEREAS, as a condition of TMT appointment, the Trinidad Rancheria will consent to Brown Act-compliant TMT governance procedures and protocols established by the City, including closed session methodology for discussions regarding sensitive artifact locations; and K. WHEREAS, the Agreement provides that the Parties will seek a determination from the Humboldt County Superior Court that the settlement is a good faith settlement as contemplated by California Rules of Court, 2 rule 3.1382, and that the Court retain jurisdiction for purposes of enforcement within the meaning of Code of Civil Procedure section 664.6; and
L. WHEREAS, the Agreement provides that approval of an order from the Humboldt County Superior Court approving the partial settlement and Court recognition of the good faith nature of the settlement are conditions and contingencies to the enforceability of the Agreement; and M. WHEREAS, the City Council desires to approve the Agreement, authorize the Mayor to execute it on behalf of the City, and appoint the Trinidad Rancheria to the TMT, subject to adoption and acceptance by the Humboldt County Superior Court as provided in the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Trinidad as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated into this Resolution by this reference.
Section 2. Approval of Partial Settlement Agreement. The City Council approves the Partial Settlement Agreement between the City and the Cher-Ae Heights Indian Community of the Trinidad Rancheria, substantially in the form attached to this Resolution as Exhibit A, subject to any non-substantive revisions approved by the City Attorney and subject to Humboldt County Superior Court adoption and acceptance as provided in the Agreement.
Section 3. Authorization to Execute. The City Council authorizes the Mayor to execute the Agreement on behalf of the City, subject to review and approval as to form by the City Attorney and subject to the condition that the Agreement shall be enforceable only upon satisfaction of the Court approval conditions stated in the Agreement.
Section 4. Appointment to the Tsurai Management Team. The City Council appoints the Cher-Ae Heights Indian Community of the Trinidad Rancheria to the Tsurai Management Team. The City Council further conditions the City's participation in future TMT meetings on Trinidad Rancheria participation as a member of the TMT.
Section 5. Factual Basis for Appointment - Cultural Affiliation Evidence Presented by Trinidad Rancheria. In support of this Resolution No. 2026-__ the City Council adopts the findings of fact recited in the Agreement, including, without limitation, the following:
(a) The Trinidad Rancheria asserts and offers credible evidence that it is traditionally and culturally affiliated with the Tsurai Study Area, as recited in the Agreement and summarized in that certain written document entitled “Cher-Ae Heights Indian Community of the Trinidad Rancheria--Evidence of the Traditional and Cultural Affiliation between the Cher-Ae Heights Indian Community of the Trinidad Rancheria and the Tsurai Study Area”, which was submitted to the City prior to the adoption of this Resolution and circulated in the agenda materials accompanying this Resolution;
(b) The City Council recognizes and accepts that both the Trinidad Rancheria and the Yurok Tribe have asserted and presented credible evidence that their respective Tribes are culturally affiliated with the TSA.
The City Council further finds that the City is not qualified to be the arbiter of cultural affiliation with regard to either Tribe, and therefore accepts the assertions of both Tribes with respect and deference to each; and (c) In addition to the foregoing, as recited in the TMP and summarized in the Agreement, the City finds that the Trinidad Rancheria is a stakeholder with respect to matters relating to the Tsurai Study Area and the appointment of the Trinidad Rancheria to the TMT is supported by the practical and logistical considerations recited Agreement, including without limitation, the substantial scope and proximity of the Trinidad Rancheria's adjacent real property holdings and the Rancheria's substantial interest in preservation of coastal trail and beach access in light of adjacent coastal property holdings;
Section 6. Governance Procedures. The City Council's appointment of the Trinidad Rancheria to the TMT is conditioned on the Trinidad Rancheria's consent to Brown Act-compliant TMT governance procedures and 3 protocols to be established by the City, including private communication and/or closed session methodology for discussions regarding sensitive artifact locations, as provided in the Agreement.
Section 7. Court Approval; Condition and Contingency. The City's approval of the Agreement and authorization for execution are subject to adoption and acceptance by the Humboldt County Superior Court, including Court approval of the partial settlement, recognition of the good faith nature of the settlement as contemplated by California Rules of Court, rule 3.1382, and retention of jurisdiction for enforcement purposes under Code of Civil Procedure section 664.6. The Agreement shall be enforceable only upon satisfaction of the Court approval conditions stated in the Agreement.
Section 8. CEQA. The City Council finds that adoption of this Resolution is not a project under the California Environmental Quality Act because it approves a partial litigation settlement, authorizes execution of the Agreement, and concerns organizational and administrative participation in the TMT, and does not approve any physical development, change in land use, or activity that may result in a direct or reasonably foreseeable indirect physical change in the environment. The City Council further finds, in the alternative, that the action is exempt from CEQA under the common sense exemption because it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment.
Section 9. Implementation. The City Manager, City Attorney, Mayor, and their designees are authorized and directed to take all actions reasonably necessary to implement this Resolution and the Agreement, including execution of non-substantive implementing documents, participation in stipulated or other Court approval procedures, and coordination with the Trinidad Rancheria regarding TMT participation and governance procedures.
Section 10. Effective Date. This Resolution shall take effect immediately upon its adoption. The enforceability of the Agreement remains subject to the Court approval conditions stated in the Agreement.
PASSED AND ADOPTED by the City Council of the City of Trinidad at a regular/special meeting held on Wednesday, May 06, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF TRINIDAD:
By: ______________________________
Cheryl Kelly, Mayor
ATTEST:
__________________________________
Gabriel Adams, City Clerk
Exhibit A
Partial Settlement Agreement between the Cher-Ae Heights Indian Community of the Trinidad Rancheria and the City of Trinidad
[Attach final Partial Settlement Agreement]
Partial Settlement Agreement 1
PARTIAL SETTLEMENT AGREEMENT
This Partial Settlement Agreement (“Agreement”) is entered into as of the __ day of April, 2026, by and between the Cher-Ae Heights Indian Community of the Trinidad Rancheria (“Trinidad Rancheria” or “Rancheria”) and the City of Trinidad (“City”), referred to collectively in the Agreement as the Parties.
RECITALS
A. The City owns title to an approximate 12.6 acre parcel of property known as the Tsurai Study Area or TSA, which is located on the bluffs adjacent to the Pacific Ocean and real property held in trust by the United States for the benefit of the Trinidad Rancheria.
B. The Tsurai Village, a tribal cultural resource as defined in Section 21074 of the California Public Resources Code, is located within the TSA.
C. In 2007, the City adopted a land management plan known as the Tsurai Management Plan (TMP), and the City has met and worked with the Tsurai Management Team (TMT) regarding the implementation of the TMP since the City approved the TMP.
D. In 2018, the City filed Action No. DR 180684 against the Tsurai Ancestral Society, the Yurok Tribe, the California State Coastal Conservancy, and the Trinidad Rancheria seeking declaratory relief to resolve actual controversies regarding the rights and obligations of the parties to the City’s lawsuit (the “Litigation”).
E. In 2019, the Trinidad Rancheria filed a Cross-Complaint in Action No. DR 180684, in which the First Cause of Action against the City seeks declaratory relief to resolve an actual controversy as to whether the Trinidad Rancheria should and can be added to the TMT and allowed to attend and participate equally in meeting of the TMT. Additionally, by method of its Complaint, the City has sought a declaration from the Court in the Litigation that it has the authority to appoint the Trinidad Rancheria to the TMT.
F. In 2019, the Yurok Tribe was dismissed from Action No. DR 180684 upon its motion and exercise of sovereign immunity from suit, and the California Coastal Commission intervened as a defendant in Action No. DR 180684.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, it is hereby agreed by and between the Parties as follows:
I. The City of Trinidad Agrees to the following:
1. The City of Trinidad City Council (“City Council”) will approve a resolution unilaterally appointing the Cher-Ae Heights Indian Community of the Trinidad Rancheria (“Trinidad Rancheria”) to the Tsurai Management Team (TMT) and the City Council will condition the Partial Settlement Agreement 2
City’s participation in future TMT meetings on Trinidad Rancheria participation as a member of the TMT.
2. The City Council will publicly agendize a meeting of the City of Trinidad City Council to be held no more than thirty (30) days after this Agreement is entered into, and cite a factual basis for appointment.
3. The City Council’s factual basis for the appointment shall include the following finding: The Trinidad Rancheria has asserted and presented credible evidence of the following: (a) the Trinidad Rancheria is traditionally and culturally affiliated with the Tsurai Study Area; (b) over sixty percent of the Trinidad Rancheria’s current members are lineal or lateral descendants of the last known individuals residing in Tsurai village between 1900 and 1916, and that an additional several dozen Trinidad Rancheria members are descendants of Big Lagoon Charlie, a prominent Yurok figure who lived with his family in Trinidad in 1900; (c) Tsurai village lies within the ancestral homeland of the Trinidad Rancheria; and (d) Tsurai village and the cultural landscape of which it is a component is culturally and spiritually significant to the Trinidad Rancheria
4. The City Council’s factual basis for the appointment shall also include a finding that the City Council recognizes and accepts that both the Trinidad Rancheria and the Yurok Tribe have asserted and presented credible evidence that their Tribes are culturally affiliated with the TSA, but the City is not qualified to be the arbiter of cultural affiliation with regard to either tribe and therefore accepts the assertions of both Tribes with respect and deference to each.
5. The City Council’s factual basis for the appointment of the Trinidad Rancheria to the TMT may also include, without limitation, the following logistical and practical facts: the substantial scope and proximity of the Trinidad Rancheria’s adjacent real property holdings; the Rancheria’s substantial interest in preservation of coastal trail and beach access in light of adjacent coastal property holdings; the Rancheria’s past demonstration of support for the preservation and protection of the TSA property, including, most significantly, assistance with the relocation of the Trinidad lighthouse; the Rancheria’s non-participation on the TMT has caused the City delay in permitting and planning applications related to the TSA, most notably those impacting adjacent property stormwater and public utility improvements, trail improvements, and coastal access; the Rancheria’s lack of participation on the TMT requires the City to convene separate and additional tribal consultations under Policy 69 and related consultation laws and regulations applicable to the City; and the California Coastal Conservancy, an existing member of the TMT, has issued verified discovery responses in the Litigation expressly endorsing the appointment of the Trinidad Rancheria to the TMT.
6. The City Council may recite all the prior Resolutions it passed supporting the Rancheria’s appointment.
II. Trinidad Rancheria agrees to the following:
1. As a condition to TMT appointment, the Trinidad Rancheria will consent to Brown Act compliant TMT governance procedures and protocols established by the City including Partial Settlement Agreement 3
closed session methodology for discussions regarding sensitive artifact locations.
2. Within five (5) days after the City Council approves a resolution appointing the Trinidad Rancheria to the TMT and stating the City Council’s factual basis for the appointment as set forth in Section I (3), (4) and (5) of this Agreement, the Trinidad Rancheria shall voluntarily dismiss the First Cause of Action of its Cross-Complaint in Action No. DR 180684.
3. Notwithstanding Section II(2), subject to the terms and conditions of this Agreement, including, without limitation, Section III(8), the Parties acknowledge that the remaining Causes of Action recited in the Trinidad Rancheria’s Cross-Complaint shall proceed to trial and judgment in Action No. DR 180684.
III. General Terms and Conditions
1. Entire Agreement: This Agreement contains the sole and entire agreement and understanding of the Parties with respect to the entire subject matter hereof, and any and all prior discussions, negotiations, commitments, or understandings related thereto, if any are merged into this Agreement. No representations, oral or otherwise, express or implied, other than those contained herein, have been made by any party. No other agreements not specifically referred to herein, have been made by any party. No other agreement not specially referred to herein, oral or otherwise, shall be deemed to exist or to bind the Parties.
2. Waiver: No provision of this Agreement may be waived unless in writing signed by both Parties. Waiver of any one provision shall not be deemed to be a waiver of any other provision.
3. California Law; Jurisdiction and Venue: This Agreement shall be deemed to have been entered into in the State of California. All questions concerning the validity, interpretation, or performance of any of its terms or provisions, or any rights or obligations of the Parties hereto shall be governed by and resolved in accordance with the laws of the State of California in effect at the date of the execution of this Agreement. The Parties expressly designate the Humboldt County Superior Court (“Court”) as the venue for any disputes regarding the terms and conditions of this Agreement, and vest said Court with jurisdiction over all aspects related to its enforceability. Likewise, the Trinidad Rancheria acknowledges that it has consented to the jurisdiction of the Court for purposes of the City’s Complaint and the Trinidad Rancheria’s Cross-Complaint; and the Trinidad Rancheria expressly consents to the jurisdiction of the Court, and agrees not to raise sovereign immunity as a defense to an action by the City to interpret or enforce the terms and conditions of this Agreement, which constitutes a partial resolution of claims asserted in the Litigation.
4. No Admissions: The agreements of the Parties contained herein are a compromise and settlement of the disputes between the Parties regarding the claims raised in the First Cause of Action in Trinidad Rancheria’s Cross-Complaint in Action No. DR 180684. Nothing herein shall be an admission of either Party hereto with respect to said matters, and this Agreement shall not be used by any party hereto in any proceeding, other than in a Partial Settlement Agreement 4
proceeding to enforce the terms of this Agreement. Without limitation on the foregoing, the Parties will submit a fully executed copy of this Agreement to the Court in Action No. DR 180684 as soon as reasonably possible following execution in accord with California Rules of Court Rule 3.1385. The Parties will represent and acknowledge to the Court that any declaratory relief remedies sought from the Court requiring the appointment of the Trinidad Rancheria to the TMT in both the Trinidad Rancheria Cross-Complaint and the City Complaint will be deemed moot and satisfied in accord with the terms and conditions of this Agreement.
5. Further Assurances: So long as authorized by applicable laws to do so, each of the Parties to this Agreement will do such further acts and execute, acknowledge and deliver all further documents and instruments as may be necessary to fully effectuate the provisions of this Agreement.
6. Successors and Assigns: The terms, provisions, and conditions of the Agreement shall be binding and inure to the benefit of the Parties and the successors and assigns of the Parties.
7. Effectiveness of Agreement: This Agreement shall be effective upon execution by all Parties; provided, however, that the enforceability of this Agreement is expressly conditioned upon satisfaction of the Court approval conditions set forth in Section III.13.
8. Attorney’s Fees and Costs; Damages/Costs/Fees Waiver: The Parties agree that all Parties shall bear their own costs and attorney’s fees incurred in connection with this Agreement.
Furthermore, in consideration for the City’s execution of this Agreement and compliance with the terms and conditions hereof, the Trinidad Rancheria agrees to waive, and will not seek, any monetary damages, costs or attorney’s fees from the City in DR 180684 based on statute or contract or on any Cause of Action stated in its Cross-Complaint, including, without limitation, any which continue following execution of this Agreement and proceed to judgment. Likewise, the City agrees to waive, and will not seek, any monetary damages, costs or attorney’s from the Trinidad Rancheria in DR 180684.
9. Headings: The title headings of the respective paragraphs of this Agreement are inserted for convenience only, and shall not be deemed to be part of this Agreement or considered in construing this Agreement.
10. Execution: This Agreement may be signed in any number of counterparts and each signed counterpart shall have the same force and effect as an original and as if all Parties to the aggregate counterparts had signed the same instrument.
11. Authority to Execute: The person executing this Agreement on behalf of each Party represents and warrants that: (1) each is authorized by his or her respective entity to execute this Agreement; (b) each is acting within the scope of his or her authority as officers or duly authorized representatives of his or her respective entity. These representations are in addition to, and not in derogation of, all representations and warranties implied by law.
Partial Settlement Agreement 5
12. Amendments: All amendments and supplements to this Agreement must be in writing and executed by each Party to this action and by his, her, or its attorney of record. However, such execution may be in counterparts and, when so executed, shall be deemed to constitute one document.
13. Good Faith Settlement Determination: The Parties agree to file a joint motion for a determination by the Superior Court of Humboldt County seeking a determination by the Court that this settlement is a “good faith settlement” as contemplated by California Rules of Court, Rule 3.1382, and the Court is willing to retain jurisdiction for purposes of enforcement within the meaning of C.C.P. Section 664.6. Such motion or stipulation (if accepted by the Court) shall also include a request that the Court in approving the motion specifically retain jurisdiction over the Parties solely for the purpose of enforcing the Agreement. As trial is currently pending in DR 180684 as of the effective date of this Agreement, the Parties agree to seek the order referenced above on stipulation or, if directed by the Court, on shortened time by method of ex parte application and will work cooperatively in an effort to secure said order prior to entry of judgment in the action. The Parties agree that approval of an Order from the Court approving this partial settlement in accord with C.C.P. Section 664.6 and general Court recognition of the good faith nature of the settlement in accord with California Rules of Court, Rule 3.1382, is a condition and contingency to the enforceability of this Agreement.
14. Future Litigation: Should any litigation or claims be asserted related to the terms and conditions of this Agreement by any third party or parties following Court approval of the good faith settlement determination recited in Section 13, above, the Parties (i.e., the City and the Trinidad Rancheria), agree to jointly appear and cooperatively defend such claims, and each shall independently bear their own costs and attorney’s fees in defending and prosecuting any such claims.
CHER-AE HEIGHTS INDIAN COMMUNITY OF THE TRINIDAD RANCHERIA DATED: __________________ ____________________________________ By: ________________________________
Its: ________________________________
CITY OF TRINIDAD
DATED: __________________ ____________________________________ By: ________________________________
Its: ________________________________
Partial Settlement Agreement 6
Approved as to form:
DATED: __________________ ____________________________________ Timothy C. Seward, Hobbs Straus Dean &
Walker, LLP, Attorneys for Cher-Ae
Heights Indian Community of the Trinidad
Rancheria
DATED: __________________ ____________________________________ Timothy J. Ryan, The Ryan Law Group,
Attorneys for Cher-Ae Heights Indian
Community of the Trinidad Rancheria
DATED: __________________ ____________________________________ Russell S. Gans, The Mitchell Law Firm,
LLP, Attorneys for City of Trinidad
Evidence Supporting Section I.3 of the Partial Settlement Agreement 1 Cher-Ae Heights Indian Community of the Trinidad Rancheria Evidence of the Traditional and Cultural Affiliation between the Cher-Ae Heights Indian Community of the Trinidad Rancheria and the Tsurai Study Area Section I.3 of the Partial Settlement Agreement:
The City Council’s factual basis for the appointment shall include the following finding:
The Trinidad Rancheria has asserted and presented credible evidence of the following:
(a) the Trinidad Rancheria is traditionally and culturally affiliated with the Tsurai Study Area; (b) over sixty percent of the Trinidad Rancheria’s current members are lineal or lateral descendants of the last known individuals residing in Tsurai Village between 1900 and 1916, and that an additional several dozen Trinidad Rancheria members are descendants of Big Lagoon Charlie, a prominent Yurok figure who lived with his family in Trinidad in 1900; (c) Tsurai Village lies within the ancestral homeland of the Trinidad Rancheria; and (d) Tsurai Village and the cultural landscape of which it is a component is culturally and spiritually significant to the Trinidad Rancheria.
Below is evidence supporting each of the four statements in section I.3 of the Partial Settlement Agreement.
(a) Trinidad Rancheria is traditionally and culturally affiliated with the Tsurai Study Area (1) The Trinidad Rancheria has consistently been recognized as a tribe of historic Yurok origin.
(A) The United States has consistently recognized the Trinidad Rancheria as a tribe of historic Yurok origin. Section 11 of the Hoopa-Yurok Settlement Act (“Settlement Act”) recognized that there were three tribes of historic Yurok origin (Trinidad Rancheria, Resighini Rancheria, and Big Lagoon), which were provided the option of merging with the Yurok Tribe to be organized pursuant to the Act to govern the Yurok Reservation. See Hoopa-Yurok Settlement Act, Pub. L. No. 100-580, § 11, 102 Stat. 2924 (1988); see also S. Rep. No. 100-564, Partitioning Certain Reservation Lands Between the Hoopa Valley Tribe and the Yurok Indians, to Clarify the Use of Tribal Timber Proceeds, and for other Purposes, p. 29 (1988). The Senate Report to the Settlement Act addresses changes to Section 11 of the bill, stating that the Committee deleted reference to Blue Lake, Smith River, Elk Valley, and Tolowa Rancherias on the grounds that those Rancherias are not historically of Yurok origin.
This statement and action by the Indian Affairs Committee clearly implies that the Committee (and Congress) found that the Tribes it retained in Section 11 of the Settlement Act are of historic Yurok origin. See S. Rep. No. 100-564, p. 29 (1988). (B) The Tsurai Management Plan recognizes that the Trinidad Rancheria is one of three Yurok Rancherias.
Evidence Supporting Section I.3 of the Partial Settlement Agreement 2 The Yurok villages on the coast were not included in either the Klamath Indian Reserve or the Hoopa Valley Indian Reservation. Instead, along the coast, several rancherias were established.
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Three rancherias that are home to Yurok people along the coast were established and recognized as sovereign nations.
The three rancherias are the Resighini Rancheria, the Big Lagoon Rancheria, and the Trinidad Rancheria.
City of Trinidad, Tsurai Management Plan at pp. 119-120 (April 2007). (C) In recognition of the Trinidad Rancheria’s status as a historic tribe of Yurok origin, California Fish & Game regulations implementing a State law known as the Marine Life Protection Act (Cal. Code Regs. tit. 14, § 632(b) (2026) include the Cher-Ae Heights Indian Community of the Trinidad Rancheria as a federally recognized tribe exempt from the area and take regulations for the Reading Rock State Marine Conservation Area (SMCA) (traditionally known as Sek-kwo-nar). (D) With the exception of one individual who was traditionally adopted into a Yurok family, all Original Assignees of Trinidad Rancheria are linearly or laterally descended from an Old Tsurai Village homeworker or resident, or from the geographically proximate and culturally relevant portion of the Hoopa Valley Reservation (established as the Yurok Reservation in 1988). See Dr. Jeanine Pfeiffer, Trinidad Rancheria Ethnographic Report, p. 7 (Jan. 2026). (3) In 1907 the U. S. Bureau of Indian Affairs made a census of Trinidad Indians preparatory to acquiring lands for the Trinidad Rancheria which lies east of the town of Trinidad. The count showed thirteen families and thirtyfour persons. Information from M. L. Robertson, District Agent, U.S. Office of Indian Affairs, Hoopa Agency. See Robert Heizer and John Mills, The Four Ages of Tsurai, p. 200, n. 3 (Univ. of Cal. Press, 1952).
(4) The property for the Trinidad Rancheria was acquired in 1908 for the “Trinidad Band.” Department of the Interior, Report of the Commissioner of Indian Affairs to the Secretary of the Interior for the Fiscal Year ended June 30, 1915, p. 182 (1915). (5) Policy 69 of the City of Trinidad’s General Plan, which was adopted by the City in the 1970s to better protect the historic Tsurai Village site and associated cemeteries and burials, recognizes the importance of the Tsurai Study Area to the Trinidad Rancheria.
Specifically, in relevant part, Policy 69 provides: “There shall be no disturbance, vegetative removal or construction, except for a protective fence around the burial grounds, on lands designated as Open Space within the Tsurai Study Area without the approval of the lineal descendants of Tsurai, Trinidad Rancheria, City of Trinidad, and the State Historic Preservation Officer.”
Evidence Supporting Section I.3 of the Partial Settlement Agreement 3 (b) Over sixty percent of the Trinidad Rancheria’s current members are lineal or lateral descendants of the last known individuals residing in Tsurai Village between 1900 and 1916, and that an additional several dozen Trinidad Rancheria members are descendants of Big Lagoon Charlie, a prominent Yurok figure who lived with his family in Trinidad in 1900 (1) Over 60% of the Trinidad Rancheria’s current members are lineal or lateral descendants of the last known inhabitants of Tsurai Village: Humpback Jim, Wild Annie, Old Willie, and Dora (Mettah) and George James, who gave birth to six of their seven children in Tsurai Village. Dr. Jeanine Pfeiffer, Trinidad Rancheria Ethnographic Report, pp. 3-4 (Jan. 2026).
(2) Another several dozen Trinidad Rancheria Tribal citizens are descendants of Big Lagoon Charlie, a prominent Yurok figure who lived with his family in Trinidad, and whose descendants were born in Trinidad. Dr. Jeanine Pfeiffer, Trinidad Rancheria Ethnographic Report, pp. 3-4 (Jan. 2026).
(3) The ancestral and birth origins of last known Tsurai residents, prior to the Village’s demise in 1916, covered an extensive geographical territory: from the Klamath River to the Mad River. Old Tsurai was native to Mettah on the Klamath River; Old Pete’s father was from Oketo in Big Lagoon. Wild Annie’s father was from a village near Gold Bluff; one of her husbands was from Mad River, and Blind Tom’s wife was from Stone Lagoon.
Dr. Jeanine Pfeiffer, Trinidad Rancheria Ethnographic Report, p. 6 (Jan. 2026). (c) Tsurai Village lies within the ancestral homeland of the Trinidad Rancheria (1) The Trinidad Rancheria is located less than 880 yards from the southern boundary of the Tsurai Study Area. The Trinidad Rancheria’s harbor property, which was taken by the United States in 2021 to be held for the benefit of the Trinidad Rancheria, is located immediately adjacent to the northern boundary of the Tsurai Study Area. (2) The Bureau of Indian Affairs’ November 11, 2021, notice of the agency decision to take the Trinidad Rancheria’s harbor lands into trust recognizes the lands set aside for the Trinidad Rancheria and the surrounding areas “were occupied by ancestors of the [Trinidad Rancheria] from time immemorial.” U.S. Dept. of Int., Bureau of Indian Affairs, Notice of Decision, p. 13 (Nov. 1, 2021)..
(d) Tsurai Village, and the cultural landscape of which it is a component, has been repeatedly recognized by federal and state officials and agencies as culturally and spiritually significant to the Trinidad Rancheria
(1) “The Yurok village of Tsurai is located within the TSA and is a component of a larger Evidence Supporting Section I.3 of the Partial Settlement Agreement 4 cultural landscape utilized by Yurok people in generations past and in to the present day.” Tsurai Management Plan at p. 1. Tsurai Village, Trinidad Head, the sea stacks, and other landscape features within the Trinidad viewshed are components of the Yurok cultural landscape embedded with deep cultural, historical, and spiritual significance to Yurok people.” Id. at p. 34.
(2) Presidential Proclamation 9563 (Boundary Enlargement of the California Coastal National Monument) states the following, under the Trinidad Head section: “About 30 miles north of Eureka lies the majestic and culturally important promontory known as Trinidad Head. . . . Today, the area is culturally and spiritually significant to the Cher-Ae Heights Indian Community of the Trinidad Rancheria, the Yurok Tribe, and the Tsurai Ancestral Society.”))
(3) California Coastal Commission Staff Report CD-0006-18 for the BIA consistency determination to talk the Trinidad Rancheria’s harbor lands into trust states: “However, as described in the staff report for the relocation of the Trinidad Memorial Lighthouse (CDP 1-18-0630), the project site is adjacent to culturally sensitive and significant lands associated with the southernmost village (known as Tsurai Village) within the aboriginal territory of the Yurok People. Village inhabitants used a broad part of the landscape in and around Trinidad for many purposes; Trinidad Head is a deeply spiritual site of importance to the Trinidad Rancheria, Yurok Tribe, and Tsurai Ancestral Society.” Cal.
Coastal Comm’n, Staff Rept. for CD-0006-18, trust transfer of approximately ten acres of land and subsequent development of stormwater improvements and construction of a 1,300 square foot visitor’s center, p. 20 (2019).
(4) U.S. Department of the Interior, Bureau of Land Management, Trinidad Head Lighthouse Management Plan, EA # DOI-BLM-CA-N030-2016-0013, p. 1 (2017) (“The Trinidad Head Lighthouse is situated on the southern point of Trinidad Head, a rocky peninsula located along the northern California coastline in the City of Trinidad, Humboldt County, California (Figures 1 and 2). The area is culturally and spiritually significant to the Native American communities of the Yurok Tribe, Cher-Ae Heights Indian Community of the Trinidad Rancheria, and the Tsurai Ancestral Society.”)