05-06-2026 Special City Council Meeting Minutes Page 1
MINUTES OF THE SPECIAL MEETING OF THE TRINIDAD CITY COUNCIL WEDNESDAY, MAY 06, 2026 (LIVE/HYBRID)
I. CALL TO ORDER
Mayor Kelly called the live-hybrid meeting to order at 6:00pm. Council members in attendance: Kelly, Breckenridge, Tuttle, and Waskiewicz. Kenny was absent. City Staff in attendance: City Clerk/Interim City Manager Gabriel Adams, City Attorney Russ Gans, Special Project Manager Angela Cather, Administrative Assistant Anton Souza. Approximately (5) participants were present by video-conference, and (12) were present live at the beginning of the meeting.
II. PUBLIC COMMENT ON CLOSED SESSION ITEM – No comments presented.
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 IV. RECONVENE TO OPEN SESSION – Deferred to discussion agenda item 1.
V. PLEDGE OF ALLEGIANCE
VI. APPROVAL OF THE AGENDA
Motion (Kelly/Waskiewicz) to approve the agenda as submitted. Passed 4-0.
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.
Interim City Manager Adams explained that the City Council is being 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.
Recommended action/Draft Motion requested: 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.
City Attorney Russ Gans explained that 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 05-06-2026 Special City Council Meeting Minutes Page 2
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.
Gans further explained that 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 is not adjudicating or diminishing the rights of the Yurok Tribe, deciding tribal membership or ancestry issues, or seeking to exercise jurisdiction over either Tribe for that purpose.
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.
It should be noted that verified discovery responses submitted by the Coastal Conservancy in the current litigation supports the Rancheria’s appointment to the TMT. A letter from the Conservancy dated January 30, 2026, stated that should the TMT continue, the Rancheria should be a participating member of the TMT and have a voice in those meetings because they have asserted cultural and historical affiliation to the Study Area, they were initially invited to be on the TMT, they are considered stakeholders, and because Policy 69 of the City’s LCP requires the Rancheria’s approval of certain development in the Study Area.
This appointment to the TMT is not an adjudication of Tribal rights. The Council is being asked if the Rancheria should be invited to participate in the land management forum, which is the Tsurai Management Team, an advisory body to the Council. The Council is not being asked to decide on Tribal disputes, cultural identity, membership, or Federal status.
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 CrossComplaint 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.
With respect to the Yurok Tribe’s objections to the proposed partial settlement, the City’s action is to simply settle one component of litigation with the Trinidad Rancheria, and appointing another participant to the TMT. The City is not claiming authority over any tribal affairs and the agreement should not be read this way.
In response to the objection letters received over the past 24-hours from the Tsurai Ancestral Society and Yurok Tribe, the “No Adjudication or Impairment of Tribal Rights” (section 15 added to the draft agreement) clause has been prepared to further clarify the intent of this agreement for Council consideration. If so considered, the Trinidad Rancheria will need to accept it.
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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.
Mayor Kelly recommended opening public comment by offering the three stakeholders opportunity to comment; Trinidad Rancheria, Yurok Tribe, and Tsurai Ancestral Society.
TRINIDAD RANCHERIA
Robert Hemsted – Trinidad Rancheria Vice-Chairman
Your attorney did a straight-forward job drafting the Resolution and partial settlement. It’s not the City’s job to decide on unfortunate tribal disputes. I’ve been on Tribal Council for 15 years, I was born and raised here in Trinidad. This is my community is much as it is anyone else. I am a Yurok person. It’s not your place to step in the ancestry ring. The Trinidad Rancheria has been a good partner with the City and we want to continue this relationship. I ask for your support tonight.
YUROK TRIBE
Cathie Childs – Yurok Tribe Associate Legal Counsel
Here to reiterate the objections contained in the cease-and-desist letter sent to you by the Yurok Tribe. One thing your City Attorney did not mention was the legal authority of the City to take the action contemplated tonight. While the City claims it’s not an arbiter of certain things, on page 2 of the partial settlement agreement the City makes certain factual determinations, stating that “…the (Rancheria) been presented credible evidence…” which is a basis of which you are making your decision. Only the United States Congress can make such determination. You say you’re doing it to resolve a State of California lawsuit, but you’re inviting a Federal lawsuit. Findings of fact are reserved only for the U.S. Congress.
TSURAI ANCESTRAL SOCIETY
Sarah Lindgren-Akana – Tsurai Ancestral Society
Read the complete letter sent by Paul Gallegos, legal counsel for the Tsurai Ancestral Society, included in the public comment packet and meeting archive. In summary, TAS join the Yurok Tribe in objection to the proposed Resolution and partial settlement for several reasons; 1) it is a breach of the City’s power over Native American affairs, 2) it asserts matters of fact that are disputed and being litigated in pending litigation, 3) it bolsters the Trinidad Rancheria’s evidentiary position with regard to their ancestral ties to the Tsurai Study Area currently in ongoing, pending litigation, 4) pitting tribal communities or lineal descendants against one another, or interfer with tribal interests, raises serious legal and equitable concerns and should be avoided. The letter continued by citing several court cases limit municipal authority and protect Tribal status or rights. The proposed facts stated in the Resolution are disputed in sworn testimony. The City’s current and past conduct demonstrates the City’s bad faith toward and disregard of the rights of the Yurok Tribe, and lineal descendants of Tsurai Village. The City’s conduct establishes that by giving lip-service to respecting the Yurok Tribe, the City places its economic interests over the cultural rights of the Yurok Tribe and its members. To further its economic interest, the City has pitted the tribes against one another by holding Native American cultural resources as a prize to award to one or the other at the expense of the other, in order to divide and weaken tribal alliances. The complete letter is included in the public record archive.
Continued public comment included:
Tim Seward – Trinidad Rancheria Legal Counsel
Submitted a letter earlier today addressing the partial settlement and assertions made by the Yurok Tribe, included in the public record. The settlement agreement is proposed to appoint the Trinidad Rancheria to the 05-06-2026 Special City Council Meeting Minutes Page 4
Tsurai Management Team. The Rancheria has desired to be on the TMT since 2008, but has been excluded and unpermitted to participate. The meetings have not been held in open session, raising concerns from both the City Council and Rancheria. The Study Area property is sandwiched between Trinidad Rancheria property on both sides. The City has permitted and worked with the Yurok and TAS on matters related to the TMT to the exclusion of the Rancheria for almost 20 years despite their request and also city law (Policy 69). This has had a significant effect on the Rancheria’s ability to consult in management and ownership discussions. The requested appointment to the TMT will attempt to remedy longstanding, ongoing harm done to the Rancheria. If the City is preempted to appoint the Rancheria, it would also be preempted to working with the Yurok Tribe. The City has, on two separate occasions, to appoint the Rancheria. It never came to fruition due to objections from TAS. This appointment will not impair the Yurok Tribe or TAS. The action will not impair Federal recognition of either tribe.
One legal case cited by Gallegos was intended to advise the City not to diminish any tribal rights, but for 20 years the Trinidad Rancheria has been denied a seat on the TMT. TAS says that the Rancheria has no rights to the Village site. It is not the City’s role to determine which tribe has superior rights. The settlement agreement simply acknowledges that the Rancheria is making credible evidence to their cultural affiliation, and the City is accepting it - as it does for the Yurok and TAS. If the Yurok and TAS arguments are accepted, the Frame Settlement Agreement would also be preempted – but their arguments are not salient. They have not provided any evidence or case law that addresses the City’s right to appoint a federally recognized Native American tribe to an advisory committee to help them manage city owned land. Both letters cite random Indian case law. If Gallegos was present tonight, I’d ask him to explain some of the case law cited, all of which are relevant to onreservation activities, with one citation referencing a child pornography case. The proposed settlement agreement does not impair the rights of any tribe. The argument made by the Yurok Tribe that it would take an act of the US Congress to appoint the Rancheria to the TMT is absurd. I hope it strikes the City Council as being as absurd as it is. The findings of fact being objected to by the Yurok Tribe and TAS, are findings that the Rancheria has “presented credible evidence”. The City is well within its rights to assess evidence and make determinations. It has been done with this parcel in the past, and included in the Management Plan.
Cathie Childs – Yurok Tribe Associate Legal Counsel
Mr. Seward has completely mischaracterized the Yurok Tribe’s position. The City does not have legal authority to make factual determinations regarding Native American tribes. The partial settlement agreement makes “findings of fact” that the Resolution relies upon.
Sarah Lindgren-Akana – TAS
The TMT was formed out of a settlement agreement. Parties to that case were members. As a courtesy, the Yurok Tribe invited the Rancheria to join in the creation of the TMP. It did not invite the Rancheria to be a member of the team. When they were invited, they declined. They were invited as a neighboring tribe and landowners – not as lineal decedents. TAS is a small 501c3 non-profit. We rely on donations and volunteers.
We aren’t a business, we’re not a corporation, we don’t have a casino or bingo hall, we’re not making millions of dollars at the time, and the Rancheria was and opted not to join us in the Frame lawsuit, but they didn’t. They could afford it, but did not. If the Rancheria feels they have strong evidence tying them to the site, let the court make that decision. Why put the City and its finances at risk? James Brown – Trinidad Rancheria Tribal Councilmember
This is personal to me. My great grandfather was murdered not far from here. It’s hurtful to see all the entitles involved and listen to people argue against one another. We are a federally recognized tribe of Yurok descent.
Moving forward in a good way, is to be a good partner. We believe in being good partners. We want to use our resources to be better stewards of our ancestral lands.
Council comment included:
Kelly: We are discussing the appointment of a member of the Trinidad Rancheria to an advisory body of the City Council called the Tsurai Management Team. The Rancheria is recognized in Policy 69 of the General Plan, their invitation to the TMT is referenced in the Management Plan, and the Council has voted twice in the past 10 years to include the Rancheria on the TMT. Out of respect for the Rancheria, giving them a seat on an advisory committee is not an outlandish thing to do. Showing them that respect, I don’t feel I’m disrespecting any other tribe. The main consideration tonight is in no way judging of who has more rights, or is more culturally valid than anyone else. The Rancheria is our neighbor and will be an asset to the TMT. The Yurok and TAS have expressed concern over our findings of fact, and I like the recommended section 15 offered by the City Attorney to include in the agreement tonight.
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Waskiewicz: I don’t think I’ve ever heard a Councilmember trying to “pit” one group over another. I hear more from our Council about how we can foster a better working relationship amongst the tribes to reach fair and sound decisions.
Tuttle: Agreed with Waskiewicz. I’m new to Trinidad and do not understand the long-history of disagreements between tribes, but I care about them both very much and would love them to be friends in the future, working together, perhaps on this piece of land that they both love.
Breckenridge: I see this in some ways similar to the larger country where people aren’t working together, but carving out their own interests and not listening to other interests. In some small way bringing everyone together to provide the Council on how to move forward with the property seems like the reasonable thing to do. In no way can I offer any wisdom about the disharmony expressed between the three groups. I believe the way forward has to be for them to come together, and as a City Councilmember I’d welcome that.
Motion (Breckenridge/Waskiewicz) to 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 and authorizing the Mayor to execute the Agreement on behalf of the City subject to: (1) Staff/City Attorney inclusion of additional Section 15 in the Agreement as directed by the Council; (2) Approval and execution of the Agreement by the Trinidad Rancheria including additional Section 15; and (3) submission to the Humboldt County Superior Court for approval and retention of jurisdiction as stated in the Partial Settlement Agreement. Passed 4-0. Kenny was absent.
ADJOURNMENT: 7:40pm.
Submitted by: Approved by:
_____________________________ _____________________________ Gabriel Adams Cheryl Kelly
Trinidad City Clerk Mayor