City Council Meetings

6:00 PM, Tuesday, December 5th - City Council Chambers, Second Floor of Eureka City Hall, 531 K Street

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via phone 707-441-4243

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View the Agenda - Mayor & City Council Contact and Information

Mayor's Announcements

Alice Birney First Grade Artwork

Presentations

CAPE Holiday Program

Consent Calendar

Notice to the Public: All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Pursuant to City Council Resolution 2011-22, if a member of the public would like an item on the Consent Calendar pulled and discussed separately, the request shall be made to a Councilmember prior to the meeting. Unless a specific request is made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.

Approve City Council regular minutes of November 21, 2023

Regular Meeting Minutes

Special Meeting Minutes

Highland Park Renovation Project Award

Agenda Summary

Bid Summary

Legislative Action Correspondence

Ordinances/Resolutions

Item removed from Agenda

This item has been pulled from the agenda. Read the Mayor's statement here.

Ceasefire Resolution

Resolution

Reports/Action Items

Eddy Alexander Marketing Report

Agenda Summary

Future Agenda Items

City Manager Reports

Eureka Builds It! Program Framework

Council Reports/City Related Travel Reports

Adjournment

View Agenda - Watch Entire Meeting

Land Acknowledgement - Watch

The land that Eureka rests on is known in the Wiyot language as Jaroujiji. Past actions by local, State and Federal governments removed the Wiyot and other indigenous peoples from the land and threatened to destroy their cultural practices. The City of Eureka acknowledge the Wiyot community, their elders both past and present, as well as future generations. This acknowledgement demonstrates the City’s commitment to dismantle the ongoing legacies of settler colonialism.

Roll Call

Mayor Bergel presiding; Councilmember Castellano, Councilmember Moulton, Councilmember Bauer, and Councilmember Contreras-DeLoach present in chambers. Absent: Councilmember Fernandez

Mayor’s Announcements - Watch

Proclamations - Watch

Proclamation: Law Enforcement Records and Professional Staff Day - View the Proclamation

Read by Councilmember Moulton. Presented to Eureka Police Chief Jarvis.

Mayor’s Reports

Mayor Bergel attended Eric Hollenbeck's film. December 2nd will be the fourth Community Town Hall at City Hall, focusing on substance use disorder, titled The Longest Pandemic. Thursday, Thanksgiving Day is also the day of the Turkey Trot 5k in Old Town. Mayor Bergel emphasized the importance of shopping locally this holiday season. Mayor Bergel will participate in a ride-along with Eureka Police Department.

Public Comment - Watch

Twelve people shared public comment. Nine commenters asked Council to adopt a resolution submitted to Council previously which calls for a ceasefire in Palestine, against the war in Palestine, and against settler colonialism in Palestine. One public commenter spoke against a recent recommendation from the Transportation Safety Commission to eliminate parking on Myrtle Avenue, citing increased hardship for people who live on Myrtle Avenue. Two commenters asked for Council to call a special election for March 5th for the Housing Initiative. One commenter thanked Council for decriminalizing entheogenic plants and fungi, shared that there will be community education classes available. One commenter shared that they started a new nonprofit organization promoting capitalism and democracy. One commenter asked Council to reject a digital takeover.

Public Hearings - Watch

Metropole Siding and Window Rehabilitation Historic Preservation Review Appeal

Agenda Summary

Attachment 1 - City Council Resolution

Attachment 2 - Appeal of the HPC Decision filed by applicant

Attachment 3 - HPC Resolution 2023-13 adopted November 1, 2023

Attachment 4 - Staff Addendum memo for November 1, 2023

Attachment 5 - Comment Letter from applicant for November 1, 2023 HPC meeting

Attachment 6 - Staff Addendum Memo for October 4, 2023 HPC meeting

Attachment 7 - Comment Letter from applicant for October 4, 2023 HPC meeting

Attachment 8 - Original HPC Staff Report

Attachment 9 - Blue Ox Millworks Quote

Attachment 10 - Mad River Woodworks Quote

Attachment 11 - Valley Lumber and Millwork quote

Attachment 12 - Schmidbauer Building Supply quote

Presented by Assistant Planner Smith

The project is located in the northern portion of the City, in Old Town, on the southeast corner of 2nd and D streets. The Metropole has three street-facing façades, on 2nd and D streets, and in the alley. All proposed alterations will happen on the less prominent alley façade. The applicant proposed to replace all rotten siding, window trim and sills, and window sashes along the entire alley-facing building façade with different materials, matching the existing as close a possible in configuration, design, texture, color, and material appearance.

Assistant Planner Smith explained the different parts of the windows that the applicant is proposing to replace. The window trim or frames, the sill that typically sticks out farther than the trim, the window sash that surrounds the glass pane and holds the glass in place, and the pane or sheet of glass that makes up the window. The existing windows are single pane, and single hung, meaning only the bottom part of the window moves up and down.

The applicant is proposing to replace the existing deteriorated redwood windows sashes with Milgard brand Tuscany Series single hung vinyl window sashes encasing double paned glass in the same dimensions as the existing windows, which will be painted to match the existing building color.

At the November 1st 2023 Historic Preservation Commission Meeting (watch), the Historic Preservation Commission approved the replacement of the siding, approved the replacement of the window trim and sills, but did not approve the replacement of the existing window sashes. The Commission imposed Condition (e) that the windows must be repaired rather than replaced. The applicant appealed this, taking issue with that condition, stating that due to the current financial state of the applicant, the substantial cost difference between the proposed materials and the like-for-like materials, and the reluctancy of contractors to take the job, like-for-like repairs are not possible, and the replacement Milgard brand windows are the only feasible option. The applicant feels that due diligence has been done in exploring the alternate options. City Council may affirm, reverse, or modify the Commission's decision on appeal, including removing, changing, or adding conditions of approval.

Staff's recommendation to Council is to sustain the Historic Preservation Commission decision with one modified condition: removed Condition (e) stating "existing window sashes will not be replaced with the proposed Milgard windows, but instead will be repaired." and replace it with "any wooden window sashes removed from the south-facing façade which are able to be repaired will be stored, repaired over time, and retained for future window replacement on other building façades." With the modification of the siding material, the due diligence exhibited by the applicant to explore alternate options suggested by the Historic Preservation Commission, the findings presented in the staff report, and the existing and added conditions, staff finds that replacement of windows and siding with different materials is appropriate in accordance with the Secretary of the Interior standards for rehabilitation, and the recommendations made by the Historic Preservation Commission, staff recommends Council hold a public hearing, and adopt a resolution to modify the Historic Preservation Commission's conditions of approval to allow replacement of windows on the south-facing façade of the Metropole Building located at 306 2nd Street.

Council Questions & Comments

Councilmember Castellano asked what the conditions of the other windows on the building are. Answer: Applicant Fanucci's property manager Dave Gaddis said that there are 96 windows in the building, including windows on interior airwells not visible from the street. The building has 24 apartments and 3 commercial units, and Mr. Gaddis is the sole building caretaker. Due to how high up these windows are, they are not easy to access, and because they are south-facing, they receive the brunt of the weather. Accessing the windows requires the rental of specialty equipment to access from the exterior, or accessing from the interior and boarding up the window, restricting tenant access to the window. The other windows are in good condition. The intent for these windows is the remove them, and repair them over a period of time. Eric Hollenbeck of Blue Ox Mill offered guidance. Mr. Hollenbeck could not guarantee the availability of old-growth redwood. The reason initially applied was because when went out to repaint, discovered that there was damage sustained after the last earthquake. Removed some of the siding, noticed that the contractor who repaired the siding in the 1970s had used fir, and that fir has rotted. Started doing some repairs, and due to how the siding was installed at that time, was unable to remove without the siding breaking. After siding was removed, saw places where insulation was missing. Was not aware that building was on the historic registry. Partner at the time had agreed to the listing and not notified Mr. Fanucci. These specific windows were chosen because the same ones were installed in a neighboring building, owned by the former partner's descendants. Mr. Gaddis noted that this process has taken too long to now begin the window replacement project, and the repairs will need to wait until next summer.

Councilmember Castellano asked if the apartments are rented. Answer: Mr. Gaddis confirmed that the apartments are rented. Mr. Gaddis also said that they have the lowest rents in Eureka, and that during Covid did not raise any rents at all. Most units are low-income units. Have tried to keep up with maintenance, but expenses have gone up. Willing to do the work to bring the wall up to code, but the process of boarding up the tenants window during the attempted repair or rebuilding that could take several weeks, and the cost of $3500 per window is too high a cost for the property owner. Milgard windows were purchased before applicants were aware that the building is on the historic registry.

Councilmember Moulton asked where the other Milgard windows that Mr. Gaddis referenced are located: Answer: They are on the Imperiale building, a different building. Assistant Planner Smith clarified that they are on the same side of the building, the south-facing wall, and that the Imperiale building is also on the historic registery.

Councilmember Contreras-DeLoach asked to review a previous slide that showed one of the windows. Councilmember Contreras-DeLoach said that the process seems absurd, and apologies to the applicant for the process taking so long. Councilmember Contreras-DeLoach also said that the applicant is serving low-income tenants, didn't raise rents during the pandemic. The current windows do not contribute visually, and the applicant wants to replace these with nicer, safer windows that will be better for the tenants. Only issue is the caveat that says that the applicant needs to retain them and when replace future windows need to use the repaired windows. Would like to ask applicant to retain windows, but thinks that asking applicant to only replace other windows with these restored windows will only bring this same problem up at a later date. Believes that applicant needs to be able to replace the windows as they go and keep it safe with their tenants.

Councilmember Castellano asked if the trim or sills will be replaced with wood. Answer: Yes.

Councilmember Castellano asked about the lowest of the bids received quoting a cost of $19,000 for a repair of the existing sashes as opposed to a cost of about $9,000 for the Milgard windows, and that this would be a difference of about $10,000. Answer: Mr. Gaddis said that they already have the Milgard windows; they purchased them before they were aware that the building was on the registry, and the same windows are installed on another building, and has not had issues with them in the 20 years that they have been installed. The lowest bid was for second- or third-growth cedar, which does not hold up in this environment. Would require frequent upkeep to maintain in good shape. Milgard has a lifetime warranty for residential and and a 10 year warranty for commercial. Assistant Planner Smith added that the $19,000 quote was from a quote that gave two different price points. The $19,000 price was for restoration, and a higher price was given for replacement.

Councilmember Castellano asked how many of the windows can be restored. Answer: Mr Gaddis said that depended on what was meant by "restored;" he could go over with wood filler and Bondo over the damage and rotted areas on 6 our of the 10 proposed windows, but restoring them with the original old-growth, unsure. Mr. Gaddis said that he has repaired a number of windows over the years, but the process takes time and is disruptive to the tenant.

Public Hearing Public Comments

Owner of Humboldt Herbals spoke in favor of allowing for the vinyl windows to be installed, will be a benefit to the residents, and have no aesthetic change to the look of the alley of the building.

Chuck Petty, vice-Chair of Historic Preservation Commission spoke, said that applicant was issued a stop-work order when began the replacement of the siding without a permit, and using a completely different siding material. Applicant then came to the October Historic Preservation Commission meeting, and the commission asked for siding and window replacement options, and the applicant returned with those at the November meeting. With the information that the siding that would match the existing was no longer available, and that custom cedar would cost at least $13,000, and custom redwood would be between $21 and $39,000, depending on the quality of the redwood. He also provided estimates from local craftsman for replacement windows exactly matching the existing windows, with quotes from $1,900 each to $3,500 each. The Preservation Commission took all of that into account and allowed the applicant to replace the siding with a profile that almost matches the original, for a much lower cost. The Commission also allowed the applicant to replace the windowsills and trim with the most cost-effective wood as long as the dimensions matched the existing profile. The Commission did not approve the replacement with the applicant's preferred vinyl windows, as they did not match the existing historic windows. The applicant had offered to retain the ten historic windows, restore them, and keep them to replace other windows on the building. Since the applicant was willing to keep and restore the existing windows, the Commission made it a requirement that the applicant restore them and keep them in place, as the Commission does not agree that vinyl windows meets the Secretary of the Interior's standards for Historic Preservation and Rehabilitation. The building has interior storm windows on all of the windows, so energy saving was not the major concern. The existing windows seem to be intact and functional, when observed earlier in the day, several of them were open, just need to be painted. The applicant is now asking that the City Council overturn a decision made by the Historic Preservation Commission to allow vinyl windows. The Historic Preservation Commission was established in 1996 to protect the exterior elements. The commission is composed of members who are experts in the field of preservation: real estate agents, building contractors, and owners of historic properties. The Commission knows the standards to and how to apply them. They made a fair and equitable decision, and the Commission asks Council to not reverse their decision unless there is a clear and compelling case that a mistake was made by the Preservation Commission in their reasoning.

Resident of the Metropole building spoke about the storm windows in this apartment, says that in the winter can feel the wind coming through the storm windows; asked that Council allow the use of the vinyl windows.

Public commenter shared experience as residential house painter, said that any time someone is working three stories up, it takes a long time to complete tasks, much longer than at ground level.

Public commenter is CEO of organization that owns the Carson Block building, and is in favor of maintaining historic nature of Old Town and the historic structures, but also sympathetic to Mr. Fanucci and the efforts put forward. Does not believe that anything proposed will detract from the historic nature of Old Town. Believes that this will improve the look and feel of the place and the lives of the residents. Knows that a number of properties are in need of great efforts from the owners, and it is a very expensive endeavor. Shared that the Carson Block building rehabilitation cost over $17 million dollars, and knows that not everyone will have access to the same kinds of loans and funding that his organization was able to use for that restoration. Believes that the vinyl windows should be allowed, especially to keep the low-income housing financially feasible for owner Mr. Fanucci. Attended one of the Historic Preservation Commission meetings, and supports the staff recommendation.

Council Questions & Comments

Councilmember Moulton asked for clarification on interior storm windows. Answer: Mr. Gaddis explained that there is the double-hung casement window on the outside, and then a space of about four inches, and then a double-hung interior storm window. Those were installed in the late 1970s.

Motion to council

Councilmember Contreras-DeLoach asked to modify the proposed motion, moved that City Council adopt a resolution to modify the Historic Preservation Commission’s conditions of approval to allow replacement of windows on the south-facing façade of the Metropole Building located at 306 2nd Street (aka 217 D Street) with the removal of Condition (e). Motion failed for lack of a second.

Councilmember Moulton commented that with advanced warning now, and with the time to repair existing windows in the interim, and with the compromise brought up by the building owner, it is reasonable to ask that the property owner restore the windows removed from the south-facing wall and use them to replace future windows. Councilmember Moulton advised all property owners to ask the City about what regulations may be in place that affects their property.

Councilmember Moulton moved that City Council adopt a resolution to modify the Historic Preservation Commission’s conditions of approval to allow replacement of windows on the south-facing façade of the Metropole Building located at 306 2nd Street (aka 217 D Street). Motion seconded.

Councilmember Contreras-DeLoach asked the building owner if this would be enough time to allow for the repair of the original windows to use as replacements. Answer: Mr. Gaddis said that the rest of the windows appear to be in decent condition. The intent is to have all ten windows repaired and ready for use in a year. Replacing a future failed window with a repaired window should be a quick and simple thing.

Councilmember Castellano appreciates the situation that the applicant is in, but feels that it would be feasible to move forward with the repairs of the existing windows, utilizing existing community organizations to perform the repairs.

Council voted to adopt the resolution. Three yes votes, one no vote, and one member absent. Motion carries.

Consent Calendar - Watch

No items requested to be pulled from the Consent Calendar

Motion to council

Motion to approve Consent Calendar passed, four yes votes and one member absent.

Legislative Action Correspondence

No items for Legislative Action Correspondence

Future Agenda Items - Watch

Councilmember Castellano asked for staff to report on any future City parking garages.

City Manager Reports - Watch

City Manager Slattery has an update on a potential parking garage. Humboldt County Association of Governments (HCAOG) is looking at a feasibility study for a parking garage, the City will likely work with them and look at a location. There is also potential funding available for a local agency to build a parking garage. Staff will provide information when the report is available on a future parking garage, will come up with ideas for ancillary funding in the event that other funding is not available. City Manager Slattery believes that the funding is available to more than replace lots that have been identified to be developed. Staff will be able to report more in the future.

Council Reports/City Related Travel Reports - Watch

Councilmember Castellano attended the Northern California Association for Nonprofits Planning Retreat, as a community member, attended HWMA, Eureka Main Street, and Workforce Development Board meetings, attended trans poets event as part of the Trans Week of Remembrance, would like to recognize people who spoke and the leadership in the community who made the event happen. Will be attending a CalCities Leadership meeting.

Councilmember Moulton no travel to report; attended Joint Powers Authority meeting for Humboldt Bay Fire, welcomed four new fire fighters to the staff. Looking forward to the 2x2 with Eureka City Schools with the new leadership.

Councilmember Bauer attended Joint Powers Authority meeting as well, and a County 2x2, and will also be attending the CalCities meeting, will be discussing legislative priorities for the year.

Councilmember Contreras-DeLoach attended the cold weather center training, attended the County 2x2, met with community members, met with a nonprofit that is working to recruit nurses and physicians into the area, also attended Redwood Coast intervention for children in crisis, ages 6 and older, may be joining their board.

Adjournment

View Agenda - Watch Entire Meeting

Land Acknowledgement

The land that Eureka rests on is known in the Wiyot language as Jaroujiji. Past actions by local, State and Federal governments removed the Wiyot and other indigenous peoples from the land and threatened to destroy their cultural practices. The City of Eureka acknowledge the Wiyot community, their elders both past and present, as well as future generations. This acknowledgement demonstrates the City’s commitment to dismantle the ongoing legacies of settler colonialism.

Roll Call

Mayor Bergel presiding; Councilmember Castellano, Councilmember Moulton, Councilmember Bauer, and Councilmember Contreras-DeLoach present in chambers. Absent: Councilmember Fernandez

Public Hearings - Watch

Ocean View Acquisition and Operations Complex Development CEQA

View Agenda Summary

Attachment 1 - City Council Resolution

Attachment 2 - Initial Study and Proposed Mitigated Negative Declaration

Attachment 3 - Response to Comments and Errata

Attachment 4 - Mitigation Monitoring and Reporting Program

Attachment 5 - Planning Commission Resolution

Staff Presentation Slides

Presented by Public Works Director Gerving, Development Services Director Kenyon, and Project Manager Marsolan

Director Gerving presenting two agenda items today, one is a Public Hearing as part of the CEQA process with the acquisition of the property. The second is a report about the conceptual design process and what comes next with the development. Staff is requesting direction from Council on that second item.

The Project site is in the southwest quadrant of the City, located above Broadway, north of Sunset, east of Weiler Road. It is unused cemetery land, and the proposal is to acquire 5.6 acres from Ocean View Cemetery to develop Eureka Operations. Under the California Environmental Quality Act (CEQA), the City needs to analyze the environmental impacts of developing this site.

Planning Commission held a meeting on October 23rd to review the draft environmental document, the Initial Study/Mitigated Negative Declaration (IS/MND) document, and reviewed conformance with the 2040 General Plan. Comments received at that meeting are included in the Agenda Summary.

Council will hold a public hearing, and staff is recommending Council adopt the Mitigated Negative Declaration (MND), Mitigated Monitoring and Reporting Plan (MMRP), and Response to Comments and Errata; and authorize the property acquisition.

Project description encompasses the largest build-out that could potentially be constructed over the lifespan of the facility, which currently is projected to be 50 years and beyond. The existing corporation yard on West 14th Street has buildings that have been in use since the 1950s, largest building was built in 1980s. It has exceeded it's useful life. Another building sustained significant damage in the 2010 earthquake. The current corp yard site is in a Tsunami Hazard Zone, and in an area subject to liquefaction. No buildings meet current structural standards, and are subject to impacts from sea level rise. The current site does not have enough space for employees, has duplicative spaces, and does not have enough covered storage.

The new site will serve as the City's new corporation yard, with administrative offices, and serve as the City's emergency operations center. Full development would include operations building, warehouse, fleet maintenance shop, and surrounding amenities. Will be able to house 66 staff members that currently work out of the existing corporation yard and City Hall: field operations staff, including wastewater collections, water distribution, fleet maintenance, and street maintenance, and administrative staff, including Director of Public Works engineering, GIS, and code enforcement.

The Operations Complex features include high efficiency building design, parking for employees, visitors, and fleet parking, bulk soil de-watering facility, bulk materials storage, vehicle wash station, solid waste and recycling storage, a telecommunications tower and backup generator, solar panels and electric vehicle charging.

The IS/MND process involved technical studies and analysis of the impact of developing this site, which resulted in proposed mitigation measures and informed the design process. The IS/MND covers the proposed development of 4.8 acres with a facility lifespan of 50 years. Further design efforts and funding parameters may reduce or modify the design to include smaller buildings or propose phases and sequences to allow for growth and development over time.

Recommended action to Council is to adopt a resolution adopting the IS/MND, the MMRP, Response to Comments and Errata, and authorize the acquisition of land from Ocean View Cemetery.

Council Questions

No questions from Council at this time.

Public comment for this item

Public comment asked for clarification on which parcel is being purchased, and asked if there will be access to this property coming from the Pine Hill area.

Public comment raised concerns about increased noise from construction, and regular use of site, disturbing the patrons of the cemetery. Commenter also wanted to know about the exact price, as the what was quoted in the paper was not an exact figure. Heard that Costco was interested in utilizing the current corporation yard, wanted to know if that was happening. Wanted to know where the money, and what limit was for council to spend before needing decision to go to voters.

Council Questions & Comments

Councilmember Moulton asked for the map to be displayed to clarify the parcel in question. Asked how the property would be accessed. Answer: The main access point would be from Ocean View Cemetery Rd, off of Broadway.

Councilmember Moulton asked about noise mitigation and timing during the construction process and continued operations going forward. Answer: the IS/MND document looks at noise in two parts; what would be occurring during construction, what would the hours of construction be, and what types of equipment would be at the site. What are the allowable noises, what are the noise codes, rules, and regulations in that area. The document covers buffering sounds during regular use of the site, with trucks being utilized during regular business hours. Reviewed an enclosure

Also looks at short term impacts, construction is typically m-f, would be ongoing. Director Gerving has communicated with Ocean View Cemetery, sent them the IS/MND in addition to the other radius notification that other nearby property owners received, to invite them to comment and ask questions. Did not receive questions or comments from Ocean View.

Councilmember Moulton asked if there were notice from the Cemetery about rituals and ceremonies being held, barring natural disaster, is that something that could be honored. Director Gerving said that the City wants to be a good neighbor, and wants to be sensitive to the cemetery as an organization, but also to the people burying loved ones.

Councilmember Moulton asked for Director Gerving to speak to the approach taken with the planning of the corporation yard being built in a more residential area. Answer: Director Gerving noted that this is being planned intentionally from the outset, and not evolved over the past 70 years, it will function more smoothly. In the documents and in the upcoming presentation, the City has made a commitment to the cemetery to shield the operations from view of the cemetery by orienting buildings away from the cemetery, and that will help to buffer sound. Selection of this site was a last-ditch effort, no other suitable sites in or near the City were identified, and moving the corporation yard out of the tsunami hazard area and liquefaction area are of utmost importance.

Councilmember Moulton asked for clarification on the cost of the property. Answer: the agreed-upon price for the parcel is $1,402,500.

Councilmember Moulton asked if there was a limit to what Council could spend. Answer: City Manager Slattery clarified there is not a limit, and Council can decide to go against the recommendations of staff. Department heads have limits to their spending, and require Council approval to exceed those limits.

Councilmember Bauer asked what would the effect be on critical infrastructure if there were a tsunami at the current corporation yard site. Answer: Director Gerving noted that this will be covered in greater detail in the upcoming presentation. If there were an earthquake in the Cascadia Subduction Zone, where a tsunami came onshore within 10-15 minutes after a magnitude 8 or 9 earthquake, in addition to the buildings at the site being damaged significantly, a tsunami would likely render all equipment and fleet vehicles, as well as police and fire vehicles that may be on the site for storage or repair. That would have a significant impact on the City's ability to respond to a significant natural disaster.

Mayor Bergel asked if there is anybody interested in purchasing the current corporation yard site. Answer: City Manager Slattery said that there have been discussions with Costco, but the City has not received a letter of interest or anything similar.

Motion to council

Council voted to adopt the resolution, authorize the acquisition of the property and approve appropriation of funds; 4 yes votes, motion passed.

Reports and Action Items - Watch

Eureka Operations Complex Development

View Agenda Summary

Presented by Public Works Director Gerving, Project Manager Marsolan, Sid Scott, Principal, Scott Edwards Architecture, Brandon Dole, Associate Principal, Scott Edwards Architecture

Relocation of the corporation yard has been a long-standing goal of the City; it has been in the Hazard Mitigation Plan for some time. The City has looked at various sites within and without the City limits.

City Operations Complex Concept Phase - City retained Scott Edwards Architecture, a firm that has experience with public works facilities, presentation from Scott Edwards Architecture has worked with 50 plus cities.

Began project in May of 2023. Came to observe the Public Works department to determine how the department works, to take a right-sizing approach to working up the concept. Determine how big the space needs to be as determined by the roles of the employees within the department. Developed preliminary building concepts as informed by current and future needs. Began early PG&E coordination to

Site is within the high tsunami risk and high liquefaction risk zones. In the event of a major earthquake or tsunami, all fleet vehicles and equipment would be lost, as would any fire and police vehicles and equipment stored at the site, significantly reducing the City's ability to respond to such event.

Current site has one ingress and egress point, and requires vehicles to reverse through for maneuvering, which adds to noise pollution. Ideal space would have vehicles pull through, with little to no reverse maneuvers. Current site has lots of duplicate spaces. Equipment has to be stored uncovered outside. Crew spaces serve double and triple duty, and work spaces are not efficient.

The development site is located outside the tsunami and liquefaction zones, allows for multiple points of access, and allows for ideal positioning of buildings. The concept development was driven by considering the effect of the elements on the site, as well as the impact of the site on the neighbors, including view and noise.

Proposed site has specific ares for the public to park, away from the work of the site. Limits where vehicles need to reverse, and positions office and admin building as the most visible from the cemetery. Buildings are also positioned to best mitigate prevailing winds. Utilized the topography to manage the amount of material that would need to be removed from the site for the workflow, as well as managing stormwater.

Comparing existing versus proposed facilities meets the needs of the current site and allows for growth.

Estimated concept budget, is cost per square foot, not necessarily specific budgets. Can give specific costs for items that have been identified, such as a truck wash.

Council Questions

Councilmember Contreras-DeLoach asked for clarification of acronym FFE. Answer: that stands for Fixtures, Furniture, and Equipment.

Councilmember Castellano asked if a warehouse building that was noted as an item for the future was included in this cost estimate. Answer: that items is not included in this cost estimate. Future growth is built in, but not captured in the cost. The truck wash is included in the cost.

Councilmember Bauer asked if there was stormwater treatment included in this concept. Answer: everything in the site flows to the southwest, where there is a stormwater facility, and there is an area to the east of the visitor parking that could also be utilized for stormwater.

Councilmember Bauer asked about the building orientation for solar panels. Answer: there is ample roof area for solar panels.

Councilmember Contreras-DeLoach asked about solar panel installation requires for this type of facility. Answer: there will be some requirements for solar panels and battery backups in the green building code requirements, but beyond that the City has sustainability and climate action goals to meet. Will try to offset as much of the electrical use as possible with solar panels for the project.

Councilmember Castellano asked for some detail about what the cost drivers for this concept. Answer: Facilities that are deemed critical are built to a higher standard, a higher seismic resiliency, which does cost more. facilities are designed to withstand larger seismic events. The office building will be finished out similar to City Hall, with a lens of durability and maintenance in terms of material selection. That is the highest cost building, with the most finishes required. The warehouse buildings can be done out of pre-engineered metal, and that costs less to build.

Councilmember Castellano asked for clarification in conceptualizing the size of the office building, is it comparable to City Hall. Answer: Director Gerving said that City Hall is about 6500 square feet per floor, with three floors and a basement, that puts City Hall at about 50% larger than the 1600 office building. Associate Principal Dole said that the key takeaway is that the proposed site plan is informed by the use of the current corporation yard, moving key pieces of equipment from open air storage to covered or indoor storage. In the existing versus proposed comparison, the proposed warehouse is much bigger than the current corporation yard warehouse because of the need to house the currently owned assets that are in need of indoor or covered storage. The big difference is building that enclosed space. Principal Scott mentioned that the costs per square foot reflect the cost of developing the site, and has seen that actual cost reflected in numerous other projects.

The cost level of the concept is based on limited information, but does help to illustrate and advise the City on the magnitude of the potential cost. The estimate is higher than what City staff expected, and the Eureka Operations Complex is only one project that will require funding over the next ten years; there are other projects identified in the City of Eureka Facilities Master Plan. Funding other large capital projects, such as City Hall, should be considered now to plan for budgeting and financing options. To reach the target budget, the project team will get a schematic design that will provide more detailed cost estimates, reviewing the City Facilities Master Plan for other City-wide projects, and then outlining potential financing and funding options for various large City projects, and then determining a maximum budget for the Eureka Operations Complex.

The proposed planning and sequence of the project. Reviewing the traditional hard-bid approach, this method requires that the City retain a design firm to produce construction documents, and then the project goes out to bid and is awarded to the lowest responsive, responsible bidder. Hard-bid does not allow contractors to have input during the design process and does not permit the City to consider the bidders qualifications for experience. Often a bid effort will result in receiving bids that are above available funds, then the project must be value-engineered and re-bid.

Project staff are recommending the Construction Manager At Risk (CMAR) method. This is a method that is used by other larger California cities and public utility districts. With the CMAR method, the City would issue an RFP for CMAR services, and the City would evaluate the responses through their past experience, through past budget management and through past projects. The early stage of the agreement is for preconstruction services, then the CM can act on the City's behalf and engage in the design process, produce constructablility reports, and cost estimates. They become a team member working with the City and the architect and engineer. Reach 100% design, then the CM offers a Guaranteed Maximum Price (GMP) proposal. The City can then do a cost reasonability study and determine if the City wants to accept the GMP. City then may award the construction to the CM for the GMP, or terminate the services and carry forward. If the CM is awarded the protect, they then carry the financial liability to deliver the completed project within the GMP. Benefits of this method with this project are reduced delivery time, enhanced design quality from the input of the CM, greater cost certainty, fewer change orders, fewer claims, lower project costs.

Schematic Design (SD) will get to real-time design development. Begin with a call for proposals for architect and engineering services. Schematics for PG&E new service, will allow for understanding of costs. Schematics for each new utility, source location, service size, meter size, all mechanical, electrical, plumbing systems, all structures, materials, construction methods.

After the schematic plans and SD cost estimates and CMAR is selected, then analyze the existing budget allocation and distribution of the costs for existing corporation yard and how costs would be distributed. Review available sources of funds, and quantify required funding or financing for City-wide capital projects, review Facility Master Plan. Then exploring financing options and debt service payment plans, and return to City Council with a proposed project funding package.

Target budget drives the final design. The CM would then propose a GMP, and that would come back to City Council with a recommended award for construction contract.

Council Questions

Councilmember Contreras-Deloach asked for clarification from staff about how much more this project turned out to be at this stage from what staff's initial expectations were. Answer: City Manager Slattery explained that the intention at the outset was to fund both the new operations complex and many years of deferred maintenance over many of the City's facilities that needs to be remedied over the next ten years. Finance Director Millar had initially anticipated for $27,000,000. That was without checking the market what the City's ratings are and what could be actually secured. This can fluctuate and change, and the City can locate other funding sources outside of this one. This initial number was based on what the annual payment from the general fund could be. The idea was to utilize $875,000 annually, allocated in the facilities policy for a portion of this debt. Of that amount, $650,000 of that would be going to the repayment of general fund's portion of the $27,000,000 amount. This can change, and the City can look at different ratios and other funding sources. The reasoning behind this is that CEQA requires what the build-out will look like over the next 50 years. This is also a Cadillac, and the design can be reduced to a reliable Toyota.

Councilmember Contreras-DeLoach asked why the relocation of staff from City Hall to the operations complex, and if that could not be included as a cost-saving measure. Answer: the reasoning behind that choice is to have everybody at one facility, but it is not a requirement. This an area to look at for cutting back if needing, but keeping in mind the current space constraints at City Hall and other things like that. All of those things will be on the table when we look at it.

Councilmember Moulton asked how the project could be broken up into stages and how that would be useful from the get-go. Answer: Director Gerving explained that a certain amount of the build would be required to make it operational and function-able. If, for instance, there were a decision to pull out the administrative and engineering functions from the facility due to costs, would still want to develop the remainder of the site in such a way that this Council or a future Council would want to add that function or another function years down the road, that opportunity is provided. The CEQA document covers the maximum build-out, and would not need to be visited again for this site in the future.

Councilmember Castellano asked if there are concerns about beginning the CMAR process before there is a budget set. Answer: Project Manager Marsolan explained that part of the reasoning behind bringing this forward now is that engaging in the preconstruction services does not have a financial risk for the City. This is a good chance to bring the CM to the conversation. The project does need to be through the SD phase before requests for proposals can go out, to be clear about what the project would entail. Project team would release the RFP when the SD is at about 50%, and would be working on many aspects concurrently. Project team wants Council to be familiar with the whole of the project now as the team is working on different parts. City Manager Slattery added that the City wants to avoid a situation where the project would go out to bid and the respondents are millions of dollars over what the City had estimated to costs to be. The benefit to having the CMAR method is there's a CM to hold accountable to the numbers submitted to the City, and the City has an idea of what will happen before getting to the end of the process. Project Manager Marsolan added that the City cannot choose to go to bid and then switch to CMAR, but can start with CMAR to develop the project, the City would own all of the design documents, and could take the project back and bid with other means.

Councilmember Bauer stated this is an opportunity to build something that's going to last, that will handle expansion, and does not want to say to just throw something up. Councilmember Bauer asked if the City needs space for administrative work like has done in the past considering the capabilities of remote work, and if Council is setting a ceiling for spending at this meeting. Answer: City Manager Slattery responded that the decision today is not about any amount of money, but about the process today.

Public comment for this item

Mayor Bergel noted that due to time constraints, Council may not be able ask questions based on public comment, but staff will be able to respond outside of the meeting.

Public commenter asked when Scott Edwards was retained, asked how it was determined that the site is outside of the tsunami zone, how is the elevation at the proposed site different from the current site.

Public commenter asked for further clarification on the site location, and asked that two distinctive trees are not removed from the site.

Motion to council

Council voted to approved the recommended action items; 4 yes votes, motion passed.

6:00 PM, Tuesday, November 21st - City Council Chambers, Second Floor of Eureka City Hall, 531 K Street

Attend the meeting:

In person

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View the Agenda - Mayor & City Council Contact and Information

Mayor's Announcements

Proclamation: Law Enforcement Records & Professional Staff Day

Presentations

Public Hearings

Metropole Siding and Window Rehabilitation Historic Preservation Review Appeal

Recommend Council hold a public hearing and adopt a Resolution of the City Council to modify the Historic Preservation Commission's conditions of approval to allow replacement of windows on the south-facing façade of the Metropole Building located at 306 2nd Street (217 D Street).

Agenda Summary

Attachment 1 - City Council Resolution

Attachment 2 - Appeal of the HPC Decision filed by applicant

Attachment 3 - HPC Resolution 2023-13 adopted November 1, 2023

Attachment 4 - Staff Addendum memo for November 1, 2023

Attachment 5 - Comment Letter from applicant for November 1, 2023 HPC meeting

Attachment 6 - Staff Addendum Memo for October 4, 2023 HPC meeting

Attachment 7 - Comment Letter from applicant for October 4, 2023 HPC meeting

Attachment 8 - Original HPC Staff Report

Attachment 9 - Blue Ox Millworks Quote

Attachment 10 - Mad River Woodworks Quote

Attachment 11 - Valley Lumber and Millwork quote

Attachment 12 - Schmidbauer Building Supply quote

Consent Calendar

Notice to the Public: All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Pursuant to City Council Resolution 2011-22, if a member of the public would like an item on the Consent Calendar pulled and discussed separately, the request shall be made to a Councilmember prior to the meeting. Unless a specific request is made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.

Approve City Council regular minutes of November 7, 2023 meeting

Minutes

New Classification: Parking Enforcement Officer - Full Time

Recommend Council adopt a resolution of the City Council to add a new classification of parking Enforement officer to the City's Classification and Compensation Plan.

Agenda Summary

Resolution - Parking Enforcement Officer

Parking Enforcement Officer 11-2023

Proposed 2024 Fire Suppression Assessment Ballot

Recommend Council authorize City Manager to vote "yes" and sign ballots for 2024 Fire Supression Assessment

Agenda Summary

Sample HFD Ballot

HFD Notice

Legislative Action Correspondence

Ordinances/Resolutions

Reports/Action Items

Future Agenda Items

City Manager Reports

Council Reports/City Related Travel Reports

[Please note, the meeting summary will be posted after the Thanksgiving holiday. To watch meetings live, or to watch archived videos of public meetings, please visit the Eureka View Boards & Commission Meetings & Agendas webpage.]

Special Meeting

4:30 PM, Tuesday, November 21st - City Council Chambers, Second Floor of Eureka City Hall, 531 K Street

Attend the meeting:

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via Zoom online, Meeting ID: 820 1614 9675 - Passcode: 503858, Phone +1 669 900 6833, Meeting ID: 82016149675#

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View the Agenda - Mayor & City Council Contact and Information

Land Acknowledgement

The land that Eureka rests on is known in the Wiyot language as Jaroujiji. Past actions by local, State and Federal governments removed the Wiyot and other indigenous peoples from the land and threatened to destroy their cultural practices. The City of Eureka acknowledge the Wiyot community, their elders both past and present, as well as future generations. This acknowledgement demonstrates the City's commitment to dismantle the ongoing legacies of settler colonialism.

Public Hearing

Ocean View Acquisition and Operations Complex Development CEQA

Recommend Council hold a public hearing and adopt a resolution adopting a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Response to Comments and Errata, and authorize acquisition of land from Ocean View Cemetery for the Eureka Operations Complex, authorize signing of necessary documents, and authorize appropriation of funds from the General Fund

Agenda Summary

Attachment 1 - City Council Resolution

Attachment 2 - Initial Study and Proposed Mitigated Negative Declaration

Attachment 3 - Response to Comments and Errata

Attachment 4 - Mitigation Monitoring and Reporting Program

Attachment 5 - Planning Commission Resolution

Staff Presentation Slides

Reports and Action Items

Eureka Operations Complex Development

Recommend Council receive report from City Staff and Scott Edwards Architecture on outcomes of the conceptual design phase for the Eureka Operations Complex; direct staff to explore potential funding sources, and proposed budget allocations and return to City Council at ta future date; and authorize procurement methods consistent with State and City purchasing codes including the Construction Manager at Risk method.

Agenda Summary

[Please note, the meeting summary will be posted after the Thanksgiving holiday. To watch meetings live, or to watch the archived video of public meetings, please visit the Eureka View Boards & Commission Meetings & Agendas webpage.]

View Agenda - Watch Entire Meeting

Roll Call - Watch

Land Acknowledgement

The land that Eureka rests on is known in the Wiyot language as Jaroujiji. Past actions by local, State and Federal governments removed the Wiyot and other indigenous peoples from the land and threatened to destroy their cultural practices. The City of Eureka acknowledge the Wiyot community, their elders both past and present, as well as future generations. This acknowledgement demonstrates the City’s commitment to dismantle the ongoing legacies of settler colonialism.

Report Out of Closed Session - Watch

In the Products Liability Case, Council voted unanimously to opt out of the settlement in that case, and authorize City Manager Slattery to sign the necessary documents to effectuate the opt-out.

Mayor's Announcements - Watch

Mayor Bergel asked for a moment of silence for the thousands of people being killed in war.

Proclamations - Watch

Proclamation: National Hunger and Homelessness Awareness Week

Councilmember Contreras-DeLoach read and presented the proclamation to Nezzie Wade from Affordable Homeless Housing Alternatives (AHHA). Nezzie shared that Hunger and Homlessness Awareness Week is a limited time, and that hunger and homelessness are with us all the time. Nezzie is heartened by the proclamations from local governments, and the commentary around them, that the community education matters. The purpose of awareness week is to connect people with community organizations. Shared that the Food for People, the Food Bank for Humboldt County is now serving more people now than ever served, 16,000 people a month. The Food for People has a community challenge, the Hunger Fighter Challenge to help raise funds and raise awareness in the community.

Proclamation: Great American Smokeout

Councilmember Fernandez read and presented the proclamation to Friday Night Live student club from Eureka High School. Leaders and students from the group spoke, appreciated the opportunity to bring awareness annually about the problem of nicotine addiction. Encouraged the City to adopt a tobacco retail license policy similar to what the County Board of Supervisors adopted in August.

Mayor's Report

Mayor Bergel received a letter of appreciation from a passenger on a cruise ship that visited, Judge John Preston Bailey from the United States District Court. He shared appreciation for the beauty of the city, and the warmth and friendliness of the people.

December 2nd is the last Town Hall of the year. This Town Hall will be about Substance Use Disorder. More information will come out soon.

PETA Presentation

Ashley from People for the Ethical Treatment of Animals (PETA) presented their Fish Empathy Quilt, three panels of which will be on display at City Hall. PETA hopes that viewers will find the quilt to be a vibrant and creative depiction of compassion for fish and other marine life. The whole quilt consists of more than 100 unique squares. The squares are contributed from people all over the world. Ashley shared information about recent discoveries of the behavior of fish, and invites the public to take time to look at the details of the display.

Public Comment - Watch

Commenter Nezzie Wade from AHHA shared that the mobile showers will be back in service at the same place they had been, at the boat launch under the Samoa Bridge, on Tuesday November 14th, asked for community support for AHHA and their mission. Advocated for safe spaces for homeless and unhoused people to be in.

A member of the public presented a draft resolution to Council calling for a ceasefire in Gaza. Eight members of the public commented in support of this resolution, calling for Council to pass the resolution at the next Council meeting. Several members of the public shared about their experience as Jews, their families' history with the Holocaust and escaping Pograms. Commenters do not want their tax dollars to support what they describe as war crimes. A commenter shared their experience as Taíno people who had been colonized by Europeans and see similar atrocities happening. A commenter also suggested if Council adopts the resolution presented, to also call for a ceasefire in Ukraine, and include all acts of funding war. Commenters advocated for small groups coming together to call for action, and if larger and larger groups do the same, there is a chance for action.

A commenter from Decriminalize Nature shared their appreciation for Council's passing of the resolution passed at the last council meeting, shared thank you cards from members of the organization, and shared that they will be hosting a community education event in December.

A commenter shared their appreciation of the City's giving ancestral ground [Tolowat Island] back to the Wiyot People, and asked what more could be done to give back more land to the Native American community. Shared appreciation for PETA's presentation.

A commenter from the Transportation Safety Commission noted that the commission has not met since July, and have not had a chance to discuss the walk audit that was performed after the last meeting. Noted that there have been three collisions in Eureka today, and has asked for collision information from staff, but staff said was not able to provide. Is calling for that information to be made public.

A commenter spoke in appreciation of the proclamation of hunger and homelessness awareness week, shared about their experience volunteering with service organizations, and spoke in appreciation of PETA's presentation.

Public Hearings

Ocean View Acquisition and Operations Complex Development CEQA

Council to continued this item to a special meeting of City Council on November 21, 2023, at 4:30 pm in the Council Chambers.

Consent Calendar - Watch

No items requested to be pulled from the consent calendar.

Motion to Council

Motion to approve Consent Calendar passed unanimously.

Legislative Action Correspondence

No legislative action items.

Ordinances/Resolutions

No ordinances or resolution items.

Report/Action Items- Watch

Operation Light Up Eureka - Watch

Agenda Summary

Operation Light Up Eureka Program

Presented by Economic Development Project Coordinator West

The lighting plan is componant is part of beautification plan the the Economic Development department is working on that has not been presented to Council yet. This portion is being fast-tracked to respond to prioritization of a lighting plan for Old Town from Council's Strategic Visioning session earlier this year, and to be ready for potential funding or implementation support from a group of previous Eureka Mayors. This project is being presented now to get approval if that support becomes available. The plan is a project list that looks to enhance commercial areas through ambient and decorative lighting, and continue to build Eureka as a great place to live, work, and play.

The project was narrowed down to what infrastructure is available, what is feasible in terms of costs, and what projects would be high impact and make a big difference. Projects proposed rely on where current infrastrure is, where electricity is already available from either public or private sources and what types of lighting would be implented, from street trees to light poles and lampposts to buildings.

The approach to funding for the project is to invest staff time in the facilitation of these projects and seeking funding from other sources, by hoping to partner with community and work with the group of previous mayors. Inspiration for some of the projects came from historical photos of past holiday displays in Eureka.

The locations of where to impletement the lighting plan came from a pedestrian focus, where are people already walking and shopping, and deciding which city assets should be highlighted, and how to get the most out of what resources are available. The goals are to promote public safety, pedestrian connectivity, promote nighttime activities and community engagement, and create a vibrant and aesthetically pleaseing environment.

Utilizing phased implementation, working on the projects that are easiest to complete first, and then building out other phases as more resources become available.

Phase 0 acknowledges what is already in place; Clarke Plaza cafe lights and Old Town Square and Gazebo cafe lights.

Phase 1 will be kicked off this year, and will include adding lighting to the 101 Corridor between E and H streets, utilising existing City-owned blue lampposts, adding twinkle lights to the street trees on the Corridor, enhancing Old Town Square and Clarke Plaza by adding twinkle lights to the trees, adding cafe lights to Romano Gabriel Plaza, adding existing holiday lighting that has been refreshed on Old Town light poles and Corridor light poles, and adding down lighting to highlight the murals on the Samoa Bridge pillars, which utilizes grant funding from CalTrans.

Council Questions

Councilmember Fernandez asked about how the string lighting and cafe lighting will be handled in inclement weather, specifically when it comes to high wind. Answer: It does need to withstand quite a bit of inclement weather, and when string lighting is installed between lampposts or trees, it is mounted to a support wire.

Councilmember Moulton is assuming that the existing lighted garland use incandescent bulbs, and asked if new lighting will be energy efficient LED technology. Answer: Yes, in plan does lay out using warm white light LEDs. The City already has these garlands, and the plan makes use of what is already available.

Phase 2 builds more into Downtown and Old Town over the next four years. This phase will include adding lights to highlight the previously identified F Street Art Corridor, adding twinkle to street trees by partnering with private property owners for electricity sources, adding intersection holiday lights, investing in an "wow" holiday display, developing holiday lighting at Sequoia Park and Zoo, adding pedestrian-level lighting to commercial buildings, working with PG&E to restore PG&E-owned lampposts in Old Town, and adding exterior down-lighting to City Hall and City buildings.

Council Questions

Councilmember Moulton asked if the repair work on PG&E-owned lampposts will be at the City's expense, and what would happen after that. Answer: Will not be taking on ownership of the lampposts. The first step is inventorying all of the items that need to be fixed and coordinating with PG&E to get them fixed. City Manager Slattery clarified that the City will not be paying to fix PG&E infrastructure, we will make requests. If there is something above and beyond what PG&E is responsible for the City may be funding that, but the City has no intention of paying for repairs.

Councilmember Fernandez asked why the lampposts have been in the state of disrepair for as long as they have been, and requesting repairs to be made. Answer: City Manager Slattery acknowledged that PG&E is very backed up with their own projects now, and the deterioration has happened over a very long period of time, but hoping to get some momentum from PG&E to fix the safety issues including some poles that are being tapped into and the hazards associated with that, and that the City would not accept putting off the repairs, as it is PG&E's responsibility to maintain that infrastructure. If they won't repair them in an acceptable amount of time, the City may be able to conduct the repairs and then bill PG&E, but that conversation would happen at that time.

Phase 3 covers ideas for the future and lighting other parts of Eureka. This phase will add cafe lights to Madaket plaza and lighting on the boardwalk, Carson Mansion Boulevard lighting, Henderson Center lamppost lighting, twinkle lights in trees in City parking lots, alley activation lights and while a bit oustide the conversation, adding electrical outlets to all PG&E Old Town and Downtown lamp posts.

Council Questions

Councilmember Castellano asked about the current budget, and what may need to be raised, saved or allocated in future years. Answer: The project right now is being developed through staff time primarily. Some small expenditures may come out of the existing Economic Development budget, but would not be consequential amounts. As far as fundraising, would like to have private partnerships, and this would fund items in phases 2 and 3 to allow for time to develop funding.

Public Comment

A commenter shared that they are retired from PG&E, and believes that public safety is top priority for PG&E.

A commenter spoke in support of the lighing initiative. Would like to see more focus on pedestrian scale lighting. Commenter wasn't sure if twinkle lights meant that they were flashing lights or not, recommended not using flashing lights.

A commenter spoke in support of lighting public spaces, asked that how lights effect nocturnal wildlife be taken into account.

Council Comments

Councilmember Castellano would like to see the lighting project support the Old Town areas that are outside the bollarded areas during events such as Arts Alive and Friday Night Markets, to encourage people to travel beyond the bollards.

Councilmember Moulton would like the Dark Skies Initiative recommendations to be incorporated into the projects of the lighting plan.

Motion to Council

Council voted to approve the Operation Light Up Eureka program, motion passed unanimously.

Elections Code 9212 Report on Citizen’s Initiative Amending the City’s General Plan for 21 City-Owned Parking Lots and the Jacobs Middle School Site - Watch

Agenda Summary

Appendix A – Parking Lots

Appendix B – Initiative

Appendix C – Economic and Fiscal Impact Analysis - Review the Fiscal Impact Analysis, ask questions, and participate in forum discussion

Appendix D – General Plan Consistency Analysis

Appendix E – Affordable Housing on City-Owned Properties

Appendix F – Zoning Districts

Presented by Development Services Director Kenyon and consultant Lance Harris from Pro Forma Advisors, LLC

In summary, the initiative imposes restrictions on 21 City-owned parking lot parcels, removes six City-owned parking lot parcels form the Housing Element's affordable housing program and site inventory, and expands allowed uses on the Jacobs school site, and reserves 40% of the site for high-density residential development. The only uses allowed on the parking lot parcels under the initiative would be public parking, or high-density residential only if each site maintains the number of parking spaces that currently exist, as well as parking spaces required for the residences, and bicycle parking equal to 5% of the vehicle parking spaces. The initiative does allow the uses outlined on the Request For Proposals submitted by the Wiyot Tribe, to whom two development projects were awarded, provided that the Wiyot Tribe remain the developer of the two lots.

Six of these 21 lots are planned for affordable housing. The City does not have plans for the other 15 parking lots that are indicated by the initiative. All of these lots are in the "Core Area" in Old Town, Downtown, and the Library District. Historically and currently these lots are zoned for mixed-use, including both residential and commercial. Initiative would not allow for mixed-use development in the future, and the restrictions could only be lifted through another ballot initiative. For any parcels located in the Coastal Zone would have to be certified by the California Coastal Commission.

State housing law requires every city and county in California accommodate a share of the regions projected housing needs, the Regional Housing Needs Allocation (RHNA). Current Housing Element Cycle allocated 952 dwelling units to the City of Eureka, which means we have a goal of constructing those by 2028. Numbers of units are divided by income type, Above Moderate, Moderate, Low, and Very Low Income. RHNA defines affordable if a family spends less than 30% of their monthly income on housing. In 2023, for a family of four, $41,250 annual is the upper threshold for Very Low Income. What is considered affordable monthly rent cost for a Very Low Income household would be $1,031. For a family of four, $65,950 annually is the upper threshold for Low Income, with what is considered affordable monthly rent of $1,649.

The City's housing element relies on the City-owned lots for land to develop affordable housing to meet the required RHNA Very Low Income and Low Income affordable housing units. The Initiative would remove the 6 parking lots from the submitted implementation plan, resulting in a significant deficit of Very Low and Low Income housing units, and City would not be able to show that the City has enough inventory to meet the RHNA required units, and would be out of compliance with these laws.

The changes to the Jacobs school site would require that 40% of the site zoned to only allow high-density residential, and the remaining 60% of the site allow all principally permitted uses in Public Facilities, Neighborhood Commercial, and Downtown zones as well as low-, medium-, and high-density residential would be allowed. Importantly, the Jacobs site is owned by Eureka City Unified School District, not the City of Eureka, and the school district is currently in negotiations with the California Highway Patrol (CHP). CHP is a state agency and not subject to City zoning codes, and would not be restricted by the Initiative and would not have to reserve 40% of the site for high-density housing.

Consultant Lance Harris, partner at Pro Forma Advisors, LLC presented an economic impact report. Pro Forma was hired by the City to analyze the Initiative's potential economic impact on future development, specifically how the Initiative impacts development feasibility, retail sales or the fiscal impact, and job creation or the economic impact. Examined three hypothetical development scenarios: no development, affordable housing only, and mixed use and affordable housing development scenarios. The analysis found that with the parking requirements under the Initiative, new affordable housing would not be feasible, and the most immediate result would be a loss of approximately $170 million in economic output, over $63 million in employment related earnings and over 1,000 jobs associated with the affordable housing construction on those sites. These impacts would be a one-time impact during the development period. New residents would be expected to spend $7 million in retail annually, and that spending would also be lost. The prototypical development's impacts were also applied to all 21 lots to provide an order of magnitude estimate of potential total impacts of new development. Extrapolated to all the sites, the potential total impact of all the sites would equate to approximately 3,300 jobs with potential earnings of $212 million dollars, and $24 million in retail sales. It is important to note that there is no plan to develop the 15 lots not included in the City's housing plan. The no-development scenario would have no impact. Pro Forma also reviewed the 2022 Parking Study provided by the City and foot traffic data provided by PlacerAI to determine if loss of parking would adversely impact local businesses. Trends since the 2022 traffic study show that parking demand has decreased or remained stable since the post-COVID recovery, and is well below the 85% utilization rate, which is the healthy balance between parking supply and demand. There was determined to be no impact on local businesses with the potential loss of parking.

City Attorney Luna clarified for the Council that this item is a Report only, and that Council has already taken action on the Initiative, and unless Council would like to reconsider that action, no further action is called for or required.

Council Questions and Comments

Councilmember Castellano asked Consultant Harris how the calculations of annual spending of $7 million were made. Answer: the specific calculations can be found at the end of the report. What was used is an estimated average income for the hypothetical development for the affordable housing residents, and that number was then adjusted based on the most recent County-wide retail spending, and that number was applied to the development and then further applied to those site.

Councilmember Fernandez asked what are the mechanisms that take effect if the City is deficient in any of the income categories for the RHNA numbers. Answer: Director Kenyon noted that there is what is built on the ground, and then there is what the Housing Element says. The Housing Element needs to identify actual specific sites in the City and assign a certain number of new units to those sites at certain income levels. If the housing element no longer does that, when the amendment is brought to Department of Housing and Community Development (HCD) for certification, it will be found to be out of compliance with state housing law, and will no longer be eligible for a number of grants that the City relies on. The City will also be vulnerable to fines and lawsuits from the state. There is a provision of state law called the Builder's Remedy, that if someone is proposing housing and the city is out of compliance, the developer does not need to comply with the City's General Plan or zoning codes.

Councilmember Fernandez asked if the Initiative would require any transfer of the Jacobs site to the City or if it would just change the zoning. Answer: the Initiative would just require a zoning change, not an ownership change.

Councilmember Fernandez asked if there are any considerations for potential loss of revenue from reduced parking spaces in Old Town and Downtown. Answer: Consultant Harris did review the reduction of parking, and found that it would not impact businesses, as the current parking is below the 85% utilization rate.

Councilmember Fernandez asked of the remaining 15 parking lots, how many parking spots would be available. Answer: the six housing element sites contain 218 spaces, one lot is for City vehicles only, not public parking. The other 15 lots contain 470 parking spaces. Councilmember Fernandez asked if staff has the number of parking spaces in Old Town specifically, in the 12 lots in Old Town. Staff does not have that exact number.

Councilmember Contreras-DeLoach asked Consultant Harris if the determination that the parking is underutilized, if that was based on the 2021 data that the City provided. Answer: Consultant Harris noted that he is not a parking expert, but was given the study published in 2022 as the first basis, and the City provided additional information on the utilization of the parking lots as a double check, and foot traffic data from a company called PlacerAI was used to measure foot traffic in the different areas in the downtown. This data is not directly related to parking, but does show the same general trends, in either a stabilization or decline in traffic. City Manager Slattery clarified that the study that Consultant Harris is referring to is a combination of data from multiple parking surveys from 2016, 2017, 2019, and 2021, and the most recent parking survey. Director Kenyon noted that page 7 of the Pro Forma report shows the parking data that includes 2023, that shows that parking numbers are still down.

Councilmember Moulton asked housing allowed on parking lot sites under the Initiative would be restricted to only parking and high-density residential, and this would supersede the current building strategy of mixed-use development with retail on the ground floor of a building and residential above. Answer: yes, that would limit use to only housing and parking. Councilmember Moulton clarified that if one of the lots would be developed, the existing amount of parking would have to be included on the site and add parking for whatever the development includes, and asked how many levels of parking that would have to be in an apartment building. Answer: it was be at least a floor of parking for the public parking and at least a floor of parking for the residents.

Councilmember Moulton asked what the new zoning would be on the Jacobs campus. Answer: staff would have to research to determine what exactly that would be, as the Initiative adds a policy to the Housing Element to allow a number of uses by right, so staff would have to figure out how to do that. The staff report does have a list of allowed uses, toward the end of the report.

Councilmember Castellano asked if HCD has given any indication how this may affect the City's Pro-Housing designation or standing with the state. Answer: the criteria for the Pro-Housing designation is having a compliant Housing Element, and Director Kenyon has not yet received an answer to this specific question.

Public Comment

16 people made public comments. 10 people spoke against the initiative, sharing their opposition as homeowners in the community and renters in the community. Commenters also noted that the Initiative was developed by people who are not located in the community and benefit property and business owners who are also not in the community. Commenters shared their views what more affordable housing helps with the local economy and helps to reduce crime in the areas where the housing is built. Commenters noted that to their knowledge, buildings with parking floors are not safe in earthquakes.

Six commenters spoke in support of the Initiative. Commenters shared that they did not believe that the information provided in the staff reports or the report from Pro Forma were correct, and one commenter did not believe that anything in the Pro Forma report could be believed because the report contained disclaimers. The proponents of the Initiative spoke in support. Other commenters spoke in their support of maintaining the current level of parking. Commenters asked the City Council to adopt the initiative instead of putting to vote in the community.

Council Comments

Councilmember Castellano asked if Consultant Harris would like a chance to respond to some of the statements made regarding the report from ProForma. Answer: Consultant Harris said that this was an independent report, the task was threefold: to see how the Initiative would impact the development, if the Initiative did impact the development, what were those impacts. Report found that because of the parking requirements and the additional construction costs for those requirements, the Initiative certainly would. Second part was to try to quantify the near-term impacts of what's already been approved. The report states that they do not have exact construction numbers. This would be the impact from the perspective of the construction of those developments and the subsequent revenue that would be created from the retail spending, the fiscal impact of those residents in the Downtown area. There was not advocacy done on the part of ProForma; they are an independent body. The relationship with the City was to get information and data to populate their understanding of dynamics of some of the more planning-related aspects of the General Plan. ProForma has done hundreds of these studies, and has a long track record of doing so. ProForma would not be able to continue to do these studies and reports if they were advocating for one group over another.

Councilmember Contreras-DeLoach provided an informational comment and shared her background of starting as a financial auditor, and then spent many years doing business consulting with her husband. Disclaimers are very frequently used in reports; while working as a consultant, she always included a disclaimer because the consultant is not performing the work of an auditor. An auditor has a completely different threshold and won't include a disclaimer.

Councilmember Castellano appreciates the report, but still believes that there is data missing; the amount of truly affordable housing that's currently available in Eureka, and how adding housing would affect people's capacity to save money. Councilmember Castellano cited an article from Sonia Waraich from the Eureka Times-Standard from 2022 that discusses the percentage of money that people spend on housing and at the time of the article, Humboldt County residents would need to make over $21 an hour to be able to afford a typical rental house, which isn't the average wage. Councilmember Castellano also mention the correlation between the rising cost of housing and rising homelessness rates across the country, from the Pew trust.

Councilmember Moulton wanted to address one of the concerns that came up in public comment and to clarify the scope of this conversation: Council is receiving a report and not taking action, the action already taken was to put this Initiative on the next available ballot. Council could pass the Initiative or pass it to the voters. Councilmember Moulton asked City Attorney Luna if the City could move this ballot item to the election in March. Answer: City Attorney Luna does not believe that this is an option; the next election that's available to the City Council is the General Election in November, and that is what's called for in the election code.

Regional Climate Action Plan Update - Watch

Agenda Summary

Attachment 1 – Rincon Proposal

Attachment 2 – Excerpt of Rincon Analysis of Existing Draft CAP

Presented by Development Services Director Kenyon

This is an update on the Climate Action Plan (CAP). On October 17th, the County Board of Supervisors voted to redirect funding towards reworking the current draft of the CAP. Director Kenyon will explain what has happened and bring feedback from the Council to the CAP working group.

The purpose of the CAP is to reduce greenhouse gas (GHG) emissions county-wide, with a goal of getting to 40% of 1990 emissions levels by 2030. This is lead by County staff, with participation by all 7 incorporated Humboldt County cities. The CAP discussions began in 2018 and the Memorandum of Understanding (MOU) was signed in 2019. County released a public review draft in April of 2022, and in May of 2022 Eureka City Council, and in June of 2022 County Board of Supervisors voted to use that draft CAP as the project description for the necessary California Environmental Quality Act (CEQA) Environmental Impact Report (EIR). The CAP must undergo CEQA review prior to adoption. June through September of 2022, the County secured $150,000 in funding from Humboldt County Association of Governments (HCAOG) to pay for the CEQA EIR. The County then released a Request for Proposals and selected Rincon to prepare the EIR.

As Rincon evaluated the draft CAP, they did not feel that the GHG reduction measures could be achieved to meet the CAP target in order to gain a Qualified status by the State. A Qualified CAP allows for CEQA streamlining of future development projects. If future project are consistent with a Qualified CAP, they can avoid project-specific GHG analysis and mitigation in their CEQA EIR. A Qualified CAP has regulatory leverage, and improves opportunities for grant funding. A Qualified CAP is also a prerequisite for the HCAOG funding. If the CAP is not Qualified, then the funds may not be used for the CAP.

At the October 17th meeting the County Board of Supervisors voted to reallocate EIR grant funding to pay for CAP revisions. Additional funding will now be needed for the EIR. Director Ford presented a tentative schedule for CAP completion: the proposed revisions to the CAP completed by March of 2024, then a draft EIR prepared by September of 2024, with public review in October, a final EIR presented in December of 2024, and then hearings and adoption of the CAP and EIR in January of 2025. County staff will present a more concrete schedule to the Board of Supervisors at either the late November or early December meeting. County staff will be producing quarterly reports on the status of the CAP, and are looking into getting Climate Resiliency Officer, a dedicated staff member to implement the CAP.

Council Questions and Comments

Councilmember Castellano asked if there will be additional opportunities to give input to the CAP through Rincon as it goes through the secondary process. Answer: yes, in the Scope of Work proposal it discusses how they plan on additional public outreach as well as working with staff of the jurisdictions involved. Councilmember Castellano saw that this was optional, asked if that was something that Council needed to give input on at this meeting. Answer: Director Kenyon believes that the County agreed to the entire scope of work, will confirm that.

Councilmember Bauer asked if the Climate Resiliency Officer position would be decided at a later date, and would that that officer work mainly for the County, and what's the strategy behind that. Answer: Director Kenyon clarified that this was an item brought up by the Director that this is something that the County is looking into, and has not been fully fleshed out yet, and feedback would be helpful. Funding has not been identified for a position to implement the CAP but there are funding opportunities out there. Councilmember Bauer commented that to adopt the plan the full-time staff person to implement the plan is the only way to make the plan happen. He is fully supportive of a staff member, shared his frustrations over the protracted timeline, and wants to express to the County that he will support whatever it takes to implement and if the County does not, then the City should. City Manager Slattery expanded on the Climate Resiliency Officer position; the County hired a consultant to interview local jurisdictions about that Climate Resiliency Officer, and the discussion was what that vehicle would look like and how we would get there, whether it would be a County employee or a private entity or something similar. City Manager Slattery does see that the County is serious about that need. City Manager Slattery was interviewed by the consultant as well.

Public Comment

Four people spoke with public comments. One commenter shared Councilmember Bauer's frustrations about the delays in the CAP, pointing out that a CAP would be adopted in 2025 with a 2030 target. Urges City Council to begin working to achieve the climate targets now, and not wait for a CAP to be approved. Commenter does not think that one staff member for the entire County is adequate. Commenter supports strengthening the CAP as proposed and agrees with the exclusion of industrial point sources, but this does delay the CAP again. Pointed out that a 10 year plan will now have to be a 5 year plan, also supports the City begin climate actions now. Public commenter agreed with the first two comments, is generally supportive of the strengthening of the CAP, but concerned about the time it will take. Advocates for steps that can be taken now, such as strengthening public transit and making that more accessible for people who may not be able to use public transit. Advocating for City staff to also work on climate resiliency. Commenter supported City hiring a Climate Resiliency Officer, suggested choosing an environmental advocate, suggested a Native American tribal member.

Council Comment

Councilmember Moulton asked what removing point source emissions from the CAP do to the City's ability to regulate point source emissions going forward. Answer: Director Kenyon clarified that the City will still be able to regulate point source emissions, but removing them from the CAP means that cannot take credit for reductions since they weren't in initial inventory. Can still regulate, but some point sources fall under state and federal regulation jurisdiction.

Councilmember Moulton knows that the City does take measures to reduce emissions, as an entity, asked which staff is currently working on these measure. Answer: the current draft CAP illustrates that different departments are implementing CAP measures, such as Public Works seeking grants for electric vehicles charging stations, Community Services working on organics waste, and Planning is working on reducing parking requirements and increasing bicycle parking requirements and the land-use components. Departments are already doing things that are called for in the CAP.

Councilmember Bauer would like to see the current work that the City is doing to be coordinated, and would like the City to take to take a leadership role. Councilmember Bauer read a report that noted that warming has gone beyond the 1.5° Celsius threshold, and that the significance of this issue is so great, that great care needs to be taken. Councilmember Bauer pointed out that waiting for the CAP is too late, and will be asking for staff to look into a Climate Action Project Manager during the Future Agenda Items portion of the meeting. Councilmember Bauer would like the City's efforts to be coordinated, and does not want to rely on the CAP or the County, and would like the City to be involved in the CAP development and to take a leadership role. City Manager Slattery provided some input, the City has its own measures and has its staff involved in the review of the CAP. City Manager Slattery also provided some details from the discussion with the consultant previously mentioned, that he believes there should be a third party, it would be beneficial to have an objective third party to provide a report to Council, and if it were a firm then this would not lie with one staff member, with a master agreement from all of the jurisdictions. It is unclear if that recommendation would be adopted.

Future Agenda Items - Watch

Councilmember Bauer would like to explore a Climate Resiliency Project Manager to help all departments work to the goal of achieving emissions reductions. Response: Council is in agreement.

Councilmember Castellano would like a timeline for the Participatory Budgeting process discussed in the Strategic Visioning process. Response: Council is in agreement.

Councilmember Castellano would like to bring back a resolution for the ceasefire in Gaza, would like to have Councilmembers working with members of the community before it comes back to Council at the November 21st meeting. Councilmember Fernandez and Councilmember Castellano volunteered to write the resolution. Response: Council is in agreement. Councilmember Contreras-DeLoach asked if this would be discussed at the next Council meeting, as Council cannot discuss this together outside of the agendized meetings. City Attorney clarified that Council can agendize a discussion to adopt a resolution, and can have the resolution written by Councilmembers Fernandez and Castellano be the starting point.

City Manager Reports - Watch

City Manager Slattery discussed the Emergency Warming Centers. Have had a full year of discussions with other community based organizations to come assist. Sent out a press release and the warming centers are in effect now. The City was able to recruit one more faith-based organization, the Faith Center on Bay Street, joins the Lifehouse Church on Hubbard Lane as two potential emergency warming center locations. Have been able to be more coordinated in the efforts to recruit volunteers, and have recruited more than 50 volunteers this year. The centers will be triggered when the overnight temperature reaches a low or a windchill of 33°, 40 mph winds, or up to 1" of rainfall forecasted between the hours of 4pm and 4am. When warming centers are opened, there are four pick-up locations, at places where community members congregate. St. Vincent's dining center on 3rd street, the Sacco Amphitheater at the Adorni Center, Betty's Blue Angel Village at Washington and Koster streets, and the Hope Center between H and I near Wood streets. There will be certain time frames for transportation. More information and volunteer sign-ups are available at eurekawarmingcenter.com. Training will be recorded and shared among other communities.

City Manager Slattery also shared another volunteer opportunity for community members to join City staff and leadership to aid in installing holiday decorations in Old Town and Downtown. Staff was able to refurbish disused holiday decorations that had been in storage, and will be installing these and other decorations, as well as cleaning and replanting flower baskets on the Old Town clocks.

Council Reports/City Related Travel Reports - Watch

Councilmember Castellano participated in the Livewell Humboldt design team meeting, attended the Humboldt Transit Authority meeting and is excited about the microtransit unveiling.

Councilmember Moulton wanted to discuss donating to homeless shelters; one of the hardest things to do when homeless is to stay dry; money is the most useful thing to donate, but if someone wants to donate items, the most sought after items are socks and tarps. Councilmember Moulton is looking forward to the JPA meeting, attended the Chamber of Commerce 2x2 meeting, attended the Kiwianis Henderson Center Business Luncheon, which honored three Women in Business: Jessica Rebholz from the Parents Nutrition Center, a WIC store to help reduce the stigma of using WIC, the Companion Animal Foundation and Hospice of Humboldt.

Councilmember Fernandez finally had some contact with the Eureka City School Board President Mike Duncan who provided an update that they have narrowed down 15 applicants to 5 applicants for the new Eureka City Schools Superintendent, whom they will be interviewing during a special meeting this Friday, likely have someone appointed by mid-December to have them up and running by January. Mayor Bergel asked if there was any public input on that. Answer: yes, it is a special closed session meeting. They will accept public comment before the meeting, and it is a morning meeting.

Councilmember Bauer said that the greatest thing he saw was the Halloween block party on P street. He did see challenges, and thinks that can be worked out in the future. Thought that perhaps a thousand people came through and it was super fun, safe, and glad to see that happen in the City. Proud of the community for coming together and making it happen.

Councilmember Contreras-DeLoach was able to attend the P Street Halloween block party and had a great time with her family. Attended the Chamber of Commerce 2x2, was able to attend the Kiwanis luncheon. Shared that when there was a shortage on formula, Jessica Rebholz would go on buying trips to LA to make sure that Humboldt families would have access to formula and WIC. Attended the Chamber of Commerce ribbon cutting for the Museum of Cinema, and a reminder that this is Native American Heritage Month.

6:00 p.m., Tuesday, November 7, 2023 - City Council Chambers, Second Floor of Eureka City Hall, 531 K Street

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View the Agenda - Mayor & City Council Contact and Information

Land Acknowledgement

The land that Eureka rests on is known in the Wiyot language as Jaroujiji. Past actions by local, State and Federal governments removed the Wiyot and other indigenous peoples from the land and threatened to destroy their cultural practices. The City of Eureka acknowledge the Wiyot community, their elders both past and present, as well as future generations. This acknowledgement demonstrates the City's commitment to dismantle the ongoing legacies of settler colonialism.

Closed Session

Mayor's Announcements

Proclamation: National Hunger and Homelessness Awareness Week

Proclamation: Great American Smokeout

Presentations

PETA Presentation

Public Hearings

Ocean View Acquisition and Operations Complex Development CEQA

Recommendation to Council to continue to a special meeting of City Council on November 21, 2023, at 4:30 pm in the Council Chambers.

Consent Calendar

Consent Calendar items are items that are considered to be routine, and will be enacted in one motion. If someone would like an item on the Consent Calendar pulled and discussed separately, a request must be made to a Councilmember before the meeting. If no requests are made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.

Council Minutes

Recommend Council approve City Council regular minutes of October 17, 2023.

October 17, 2023 Minutes

Eureka Housing Authority Repositioning Grant Funding Support Letters

Recommend Council authorize the Mayor to signed to letters encouraging the Infill and Infrastructure Grant Program to approve two applications from the Eureka Housing Authority.

Agenda Summary

First Letter of Support

Second Letter of Support

2023 Edward Byrne Memorial Justice Assistance Grant

Recommend Council accept the grant awarded to Eureka Police Department and approve use of funds to hire organizational development consultant.

Agenda Summary

CalRecycle Authorizing Grant Resolution

Recommend Council adopt a Resolution of the City Council allowing the Community Services Department to apply for all CalRecycle grants that the City would be eligible for.

Agenda Summary

Resolution

2023 Officer Wellness and Mental Health Grant Award

Recommend Council accept the grant awarded to Eureka Police Department and approve the use of the funds mental health and wellness assessment, consultation, and utilizing services provided by a licensed mental health clinician that works with law enforcement.

Agenda Summary

2023 Office of Traffic Safety (OTS) Grant

Recommend Council accept the grant.

Agenda Summary

Letter of Support for California Welcome Center Designation

Recommend Council authorize the Mayor to sign a letter of support for the Visit California Welcome Center Designation.

Letter of Support

Legislative Action Correspondence

No agenda items.

Ordinances/Resolutions

No agenda items.

Reports/Action Items

Operation Light Up Eureka

Recommend Council receive the report and approve the program.

Agenda Summary

Operation Light Up Eureka Program

Elections Code 9212 Report on Citizen's Initiative Amending the City's General Plan for 21 City-Owned Parking Lots and the Jacobs Middle School Site

Recommend Council receive report and direct staff on further action if needed.

Agenda Summary

Appendix A – Parking Lots

Appendix B – Initiative

Appendix C – Economic and Fiscal Impact Analysis

Appendix D – General Plan Consistency Analysis

Appendix E – Affordable Housing on City-Owned Properties

Appendix F – Zoning Districts

Regional Climate Action Plan Update

Recommend Council receive report and provide comment.

Agenda Summary

Attachment 1 – Rincon Proposal

Attachment 2 – Excerpt of Rincon Analysis of Existing Draft CAP

Future Agenda Items

City Manager Reports

Warming Center

Council Reports/City Related Travel Reports

[Staff Note: the agenda was updated 11/02/2023 to fix an error with an attachment and to correct the title of the City Manager's Report. This summary is now up to date.]

View Agenda - Watch Entire Meeting

Roll Call - Watch

Mayor Bergel presiding; Councilmember Castellano, Councilmember Moulton, Councilmember Fernandez, Councilmember Bauer, and Councilmember Contreras-DeLoach present in chambers. Absent: none

Report Out of Closed Session - Watch

Deputy City Attorney Bob Black reported that no actions were taken. Lawsuit just served on the City that day was added to closed agenda by unanimous vote of the council as an emergency item. The lawsuit is the matter of Munson and Constatine-Blackwell vs City of Eureka, City of Eureka City Council, Does 1-10. This was added for a report. Other than adding, no action was taken.

Mayor’s Announcements - Watch

Proclamations - Watch

Proclamation: Long Term Care Residents Month

Read by Councilmember Fernandez, in recognition of Long-Term Care Residents Rights Month.

Mayor's Reports

Presentation from Student Advocates Guiding Engagement (SAGE) from Eureka High School, mental health services for youth.

Sarah Dee Duncan, LMFT, has been Wellness Center Coordinator at ECS for 3 years. The schools have been integrating mental health, over last two years able to start providing services. Currently working on three federal grants specifically for mental health, will allow to integrate more services from community into school program. Program also highlights student voice and choice.

Zoey Johnson, junior at Eureka High School and has been member of SAGE since beginning of freshman year. Main goal is to make school a more comfortable place for students to be, and easier to mananage going through school day. Included students in building of Wellness Center, students are very proud of the outcome. SAGE program has been in operation for about 3 years. Students designed interior of new space.

The Wellness Center offers 3 tiers of support; walk-ins, student to student peer support, second group discussions, 3rd is one on one therapy with licensed Open Door clinicians. Third tier is new and has been huge step. Wellness Center also has private spaces, "Cozy Corners," for students to use as needed, have art supplies, refreshments available.

Jane Hong, Resorative Practices Support Specialist at Eureka High School, also Youth Organizer and Advisor for SAGE. Help conduct outreach for students, is first resource for students when they come to the Wellness Center, greets as come in. Can help facilitate discussions with students and any teachers students may be having issues with. Students may come in and not want to talk, Jane will check up before they leave. Students may open up before leaving, or Jane may accompany students back to class, and they will feel better and able to return to class. Free therapy offered for students three days a week; students may not have access to therapy on their own or may not feel comfortable asking their guardians for that kind of care. Has been major game changer, assistance from Wellness Center has been able to help students get the help from their guardians to get therapy.

Another aspect of the Wellness Center is training for students who are interested in going into the mental health field. There is a shortage of mental health care providers in the area, giving beginnings of job training, basics of mental health practices may help to grow numbers of local providers.

Council Questions

Councilmember Moulton asked how large the physical space is. Answer: Have larger space that is equipped with kitchenette and three therapy rooms.

Councilmember Moulton asked how many students the Center engages with. Answer: Center sees about 10 or so students per day, and about six of those students will engage with Jane one on one.

Councilmember Moulton asked if there were statistics or data that shows the success of the program. Answer: Do see that students feel better when they leave the Wellness Center, but major marker of success has been reduction in absenteeism. Some of the causes of absenteeism in schools are surrounding mental health challenges. Tracking number of students who stay in school--students may not be in their classes, but will be in the Wellness Center, and will go to their next class. Some students may only show up for school on their group days, requisite of attending group is that students have to attend all of their classes.

Councilmember Fernandez asked how many days a week the center operates. Answer: The center is open anytime during the school day.

Councilmember Fernandez wanted to commend the program, says that it's a fantastic service to offer to the students.

Mayor Bergel shared that the students from SAGE gave a presentation to her class and is blown away by the great work that they are doing with the Wellness Center.

Mayor Bergel also traveled to Long Island City, sponsored by Creativetime and spoke at New Red Order's Give It Back Gathering about Landback, about how the City gave Tolowat Island back to the Wiyot Tribe.

Mayor Bergel also attended the 100th celebration for Rotary. Rotary's goal is Service above Self and gave $100,000 grant to The Jefferson Center for their culinary program.

Presentations - Watch

Talk Eureka - Citizen Engagement

Presented by Media Coordinator Cosette Hunter

Let's Talk Eureka is the new community engagement platform for City of Eureka. Community engagement is a topic that is top of mind for municipalities. Pillars of community engagement that are top of mind are outreach, education, empowerment, and engagement.

City has a large number of resources, projects, and programs and at any given time, and currently not always easily able to find where the project information is or what stages the projects might be at. Feedback is limited to comments, emails or phone calls, currently no dedicated space for community members to give feedback. Talk Eureka is main community engagement platform.

Began growing community engagement through growing social media, via Facebook, Instagram, Twitter, and recently redesigned website. Seeing community members looking for ways to get involved, asking questions, looking for resources and information.

Goals of Community Engagement platform is to be space for the sharing of ideas and stories, voting and participating in decision making, fostering a sense of pride in where we live and who we are, and building future in community, leading to community growth and healthier communities overall.

Technical literacy is a barrier to community members being able to access digital resources, and information in general. Goal of social media is to increase awareness of what resources are available through digital outlets, and increase access in community, and support increasing technical literacy and increase awareness.

Talk Eureka is specifically designed to be a place that's easier for people to get project information, and a place where people can talk back and share ideas, comments, and questions. Talk Eureka has three projects live now, including a project inviting residents to draw and name the neighborhood where they live. The Name Your Neighborhood project has a Frequently Asked Question section, contact information for who is working on that project, and a timeline for the phases of the project. This is the ultimate goal of this website, a place to host these projects in a way that make it clear, make the information accessible, and make any resources available to community members.

Two other projects are live on Talk Eureka, a page for the Community Health Town Halls. The Town Hall page is very new and are hoping to see community engagement here. Also has page for City Council meetings, to try to make meetings more accessible.

Looking to expand Talk Eureka to include Affordable Housing Project, Bay to Zoo Trail, and other projects. This will give people a way to interact more directly with resources and content relating to specific City projects.

Are tracking engagement data through website analytics, social media insights, including specific analytics from the Talk Eureka platform. Are monitoring these metrics to respond to how community is utilizing resources.

Ultimate goal is for community to be excited about information that is available. Community partnership is the goal of this platform, drawing engagement to Talk Eureka from social media.

Council Questions

Councilmember Moulton asked how conversations are moderated. Answer: Talk Eureka is moderated by the host, EngagementHQ. Some auto-moderation through use of filters, and some moderation is performed by people ensuring that conversations are staying on-topic and are respectful and polite. All moderation is done by the third party, and the City is not moderating ourselves.

Councilmember Fernandez asked how long project has been live. Answer: Was soft-launched just before last Town Hall, so about a little over a month.

Councilmember Fernandez asked what the engagement numbers have been since launch. Answer: The numbers have been pretty low so far, have yet to do a "hard" launch. Information surrounding Talk Eureka has been disseminated as a part of the Town Hall promotions, and more recently as a part of Name Your Neighborhood. After this presentation will be doing more of a campaign and soliciting more engagement through social media awareness campaigns.

Public Comment - Watch

A commenter continued to share their concerns regarding the City mandated vaccination policy.

A commenter complained about dumping in the alley behind their house.

A commenter shared concerns about timing of a traffic study.

Public Hearings - Watch

Unmet Transit Needs Public Hearing - Watch

Agenda Summary

24-25 Transit Needs Process

Presented by Finance Director Millar

First public hearing is titled Unmet Transit Needs. This is an annual process with the help of Humboldt County Association of Governments (HCAOG)

Stephen Luther, Associate Regional Planner will present. Will be sharing information about state of transit, the state of ridership numbers and some initiatives coming up.

Unmet Transit Needs is about use of local transportation funds. City of Eureka is allocated approximately a million dollars, zero of which may be used for streets and roads purposes--some cities in the areas are allowed to use transit funds for streets and roads.

Humboldt Transit Authority (HTA) is the largest transit operator, 446,000 total passengers in the past year. Total operating expense for the past year was $6,572,527 and total fare revenue $1,038,495

Historical ridership shows that ridership is starting to return to pre-COVID or nearly pre-COVID numbers.

Data shows that the Eureka transit service has the lowest operating subsidy in the area, is the most cost-effective per passenger trip. Eureka has the highest passenger trips per vehicle service hour. Census data does show that there are unmet transit needs in Eureka, specifically in areas with 0 car households. These areas are in Old Town, Henderson Center, and Rosewood.

HTA is working on a branding update, making it easier to transfer between transit lines, by utilizing card tap to pay or monthly passes. Will be piloting on-demand microtransit, similar to Uber or Lyft, in Eureka using Dial A Ride Vehicles. Pick up in about 15 minutes. More microtransit services planned for other communities. New service lines added in Arcata, and Yurok Tribe Transportation Department serving Orleans, Weitchpec and Hoopa. Anticipated launch of Redwood Coast Express connecting Eureka to Ukiah via public transit.

Known transit needs are more frequent service, Sunday service, later night service on Friday and Saturday specifically mentioning service to attend Arts Alive, as well as earlier and later service on RTS and ETS.

One block is getting enough drivers, HTA has been able to hire some drivers, but are hiring now.

If people can't comment tonight, are able to submit comments online by contacting Stephen Luther orcompleting an online survey.

Council Questions

Councilmember Fernandez asked if the Token Transit app would be going away with the use of the credit card terminals. Answer: Token Transit will still be used.

Councilmember Ferndandez asked if the microtransit pilot would be City-wide or just in specific areas of town. Answer: Pilot would be City-wide in the Dial A Ride zone, which is roughly the City boundaries.

Councilmember Fernandez asked what the timeframe for calling the microtransit pick-up, would it be same-day. Answer: it is app-based, phone calls are discouraged, and would respond similarly to Lyft or Uber. Using software called RideCo, in app store under Ride Humboldt but is not active yet.

Councilmember Ferndandez asked when microtransit would be rolled out. Answer: HTA board voted to roll out October 24th.

Councilmember Fernandez asked how the known transit needs are being addressed. Answer: The Sunday service and later Friday and Saturday services will be started, HCAOG is working with HTA to get those started.

Councilmember Ferndandez asked if HTA has made any steps to collaborate with schools in the area, as both entities are having difficulties finding drivers. Answer: do not know.

Public Comment

A commenter recommended against using Dial a Ride vehicles for microtransit, as the Dial a Ride service is very full, is already difficult to get onto the schedule. Dial a Ride is already expensive to use. Commenter also noted that Myrtletown was not included in presentation and Myrtletown does not have adequate service. Mayor Bergel informed the commenter that Myrtletown is outside of Eureka city limits.

A public commenter spoke about topics not pertaining to this agenda item.

Council Comment

Councilmember Castellano wanted to assure the public that Dial a Ride patrons will have preference over the microtransit when patrons are scheduling appointments. Anyone who is currently using the system for Dial a Ride will be filled before microtransit is available. Dial a Ride patrons won't be competing in the same app market for those rides. Wanted to note that Associate Planner Luther did take down comment about Myrtletown service, and even though Myrtletown is not in Eureka city limits, it can be a part of the hearing on transit needs.

2023-24 Fee Schedule Update - Watch

Agenda Summary

Resolution - FY23-24

Presented by Finance Director Millar

Minor update to the Fiscal Year 2023-2024 Fee schedule, focused on sewer lateral installation fee. Have altered the description of a couple of fees. Biggest change is distinguishing between standard and non-standard sewer lateral installation fee and standard and non-standard sewer lateral replacement fee. The cost for the standard installation or replacement has not changed, but if there is a non-standard installation or replacement it is recommended to be charged at actual cost.

Council Questions

Councilmember Fernandez asked for clarification about non-standard sewer laterals. Answer: City Manager Slattery explained that a standard lateral is a sewer lateral that is affronting the property and in the City's right-of-way. Anything other than that would be considered non-standard. An example of that would be a property that has a frontage to a State right-of-way; that causes more issues with replacing or installing a sewer lateral. Another example would be if a property is at the end of a road, and the sewer main does not extend to the front of the property. Both cases would be charged at the actual cost.

Public Comment

No public comment on this item.

Council voted to adopt the recommended changes, unanimous Yes vote.

Consent Calendar - Watch

One item, Mental Health Clinician (2 FTE) and Mental Health Case manager (2 FTE), pulled from the consent calendar for discussion.

Motion to Council

Council voted to pass all items minus the pulled item, unanimous yes vote.

Item Pulled for discussion - Mental Health Clinician (2 FTE) and Mental Health Case Manager (2 FTE) - Watch

Agenda Summary

Resolution: Add Mental Health FTEs

Presented by Managing Mental Health Clinician Jacob Rosen

Have applied for a couple of grants and working on possibly contracting with Department of Health and Human Services Humboldt County Behavioral Health to establish more robust services for Crises Alternative Response and Engagement (CARE).

Earlier on day of the meeting were notified of being awarded a grant of $625,000 to expand CARE services from the Carestar Foundation. $25,000 of those funds were awarded to CARE for the emphasis on the development of crisis services in a rural settings, and for work in taking into account the Indigenous cultures and expanding the approach to mental health.

Approving the allocation of the additional positions to then hire staff with the funding just awarded and more hope to receive in near future.

Council Questions

Councilmember Fernandez explained that he requested to pull this Consent Calendar item was so that there could be discussion and could hear the good news about the grant funding. Councilmember asked if the funding awarded would fund all four positions. Answer: will not be able to fund all four positions; the way the grant award will be allocated will be $225,000 the first year, $200,000 the second year, and $200,000 the third year. Hope is to fund at minimum a clinician and case manager out of that funding. If awarded other funding that CARE has applied for, would transition this funding to go to EMT case managers. The EMT case manager position is not developed, and would do a separate council motion for that position. CARE does have a couple of impletmentation plans available.

Councilmember Contreras-DeLoach asked if the funding is just for salaries or if it could be used for other things as well. Answer: Can be applied as needed, there aren’t a lot of constraints with the Carestar grant. Would prefer to use it for salaries, as the biggest constraint in expanding the program is funding for staffing.

Councilmember Moulton asked Managing Mental Health Clinician Rosen to remind the public who can utilize the services provided by CARE. Answer: CARE is a City of Eureka program, the team collaborates with Eureka Police Department (EPD) in providing crisis services for mental health crises, substance use related crises, and sometimes end up providing medical case management. Sometimes for people who are unhoused, medical issues becomes a crisis that while not requiring an ambulance, does require some assistance. Providing services in those cases, not based on insurance at the moment. Anyone who is in need can call EPD dispatch, EPD will then filter that request to the CARE team as they are available. The hope is to be able to independantly respond, instead of having an officer respond and then determine if CARE should respond. Goal is to be dispatched independant of an office to calls that are non-threatening and do not have a weapon involved. City Manager Slattery clarified that if it is an emergency, call 911. If it is not an emergency, call non-emergency dispatch at 707-441-4044 [Note: 707-441-4054 also works, however, Dispatch prefers the 707-441-4044 line to be used.]. Managing Mental Health Clinician Rosen clarifed added that unless it is an emergency, to please only use the non-emergency line of 707-441-4044 to keep the emergency line clear, as the dispatch center handles a lot of calls.

Recess called due to power outage at City Hall to allow for staff to reestablish broadcast of meeting.

Councilmember Moulton commented to express appreciation that this is the direction that the City of Eureka is taking to address the needs of people who's needs aren't met. Mental health crises are a significant peice of folks who experience homelessness in our community, and addressing this directly as opposed to criminalizing certain behaviors is incredibly forward thinking. Councilmember Moulton thanked CARE for doing this work.

Councilmember Castellano added to Councilmember Moulton's comments that a lot of cities our size are not this forward-thinking, appreciates staff for bringing this forward. Also pointed out that while many people who are unhoused access these resources, they are available for anyone in the community as well.

Motion to council

Council voted to approve the allocation of the positions, unanimous Yes vote.

Legislative Action Correspondance

No items.

Ordinances and Resoulutions - Watch

Entheogenic Plants and Fungi Criminal Priority - Watch

Agenda Summary

Resolution: Entheogenic Plants and Fungi

Attachment A

Attachment B

Attachment C

Presented by Deputy City Attorney Black

Report and introduction will be fairly brief, not so much substantive as Deputy City Attorny Black is not an expert in these items. Understand that the Council would like take a position in the matter of the degree of criminal enforcement of state and federal laws that prohibit or restrict significantly the use of these substances. Did have access to resoultion adopted by the City of Arcata in the same subject area. Reviewed that resolution and did some fact-checking and some cleanup of language. Present to council a version of the resolution that was adopted in that city.

The effect of the resoultion is to express the will of the City Council that law enforcement in the City deprioritize the enforcement of state and federal law prohibiting entheogenic plants. Considerable discretion remains with EPD, particularly in the involvement of minors, and considerable discretion remains with the District Attorney's office with what to pursue after it is reported to them. Assistant City Attorny Black's opinion is that the Council's expression of priority in this area would be taken into account.

The resolution is available to be modified, adopted, or tabled to take action at some future date.

Council Questions

Managing Mental Health Clinician Rosen is available to answer questions, his background in substance use treatment and disorders is that he is a Licensened Marriage and Family Therapist, and part of that education is to receive training in substance use disorders. Also have have over seven years experience in treating co-occuring disorders with substance abuse crisis.

Councilmember Fernandez understands there are reservations, and invites those to be expressed. Answer: Managing Mental Health Clinician Rosen shared that his primary concern is that the messaging around the substance. Much of the language in the resolutions claims that entheogens are known to be safe and known to be healing; while there is data a research available that shows promise in the use of entheogens to be used in mental health treatment, it is far from established. Concern would be that the resolution claims are based on a handful of studies that look at correlation and do not look at causation, and promoting those as a found fact that these substances promote healing. What is known from current research of MDMA [3,4-methylenedioxy-methamphetamine, also known as ecstasy or molly] is that for MDMA to have a healing effect, it requires thereapy to be administered while the individual is under the effect of the substance. Just taking MDMA on it's own does not cure PTSP, but taking MDMA while a therapist provides a regimented therapy will provide a significant symptom reduction over a long period of time. The primary concern is that we do not know what that therapy is in entheogen. Entheogens have multiple differnt hallucenogenic compounds in a single pland, and we don't know which one of those is acting on the brain to cause the healing effect of the substance. We don't know what the contraindications are. We do know that in some people with pre-existing mental health conditions including schizophrenia, bipolar disorder, and depression, these substance can trigger psychotic episodes that can last longer than the intoxication of the substance. There is concern about the City endorsing them to be healing when the research does not support that at this time.

Councilmember Moulton asked if there was a representative from EPD available to share what EPD thinks about it. Answer: Chief Jarvis is out of town at a conference, City Manager Slattery was able to speak with the Chief and will be able to share his thoughts, and Commander LaFrance is available to speak as well. Chief Jarvis did reach out to Arcata Police Department and was able to speak with the Acting Chief of Police, and they said have not had any significant issues to this date. City Manager Slattery thinks that there are concerns, and that is to be expected, from an enforcement standpoint. When Council had discussion about support of AB 58, staff did conduct research charges associated with enthiogenics, and there were approximately 5 total casese where these charges appeared. Commander LaFrance said that after speaking with the Chief, they are in agreement with the Governor. Biggest concern from EPD are what are the unintended consequenses, and are they able to handle that at the current staffing levels, currently understaffed by 12 officers.

Councilmember Contreras-DeLoach was able to speak with Chief Jarvis, and one of the concerns he had was about the vague language in the resolution, and was asking if Council would clearly define an amount. Councilmember Contreras-DeLoach asked if Commander LaFrance could speak to that further. Answer: Commander LaFrance can't speak in too much detail to that point, other that grey areas in law enforcement are not good. Would prefer to have a clear stance outlined.

Councilmember Bauer asked if how entheogens are scheduled, as a Schedule 1 drug, has impacted the research necessary to make practitioners more comfortable with entheogens being used in a theraputic way. Answer: Yes, it is a prohibitive factor to expand that research. Just in June of 2023, the FDA did provide clear trial guidelines to develop these studies, but is still early days. If we look to MDMA as a map of how this progresses, there will be more and more studies, once the scientific community can come to more of a consensus around what the chemical is that creates the healing state, then would be better able to narrow down therapies needed to go along, and will eventually see a regamin emerge. Due to the current restrictions have been limited on finding causal effect. Some of the research is concerning because it's more correlation based.

Councilmember Fernandez asked if Commander LaFrance could advise on an amount that could be defined as personal or commercial. Answer: Commander LaFrance would have to refer back to the EPD Drug Task Force.

Mayor Bergel asked Managing Mental Health Clinician Rosen to explain more about therapy being paired with the use of entheogens. Answer: Most if not all psychotropic medication is symptom management, and for actual change to occur, it requires therapy to take advantage of our neuroplasticity, which is how the brain can change. An example is SSRIs [Selective Serotonin Reuptake Inhibitors] being taken for depression. If only the medication is used, when one stops the medication there is a decent chance of reoccurance of depression. If the medication is taken to reduce the symptoms of depression and one participates in therapy to change the behaviors and thought processes, over time different parts of the brain are reconnected. That is the actual healing taking place. In that situation, medication is providing an open door for therapy to be more effective, but the medication alone does not cause the healing effects.

Public Comment

26 people shared public comments. All speakers spoke in support of Council passing the resolution. A majority of speakers shared personal histories of finding healing in the use of entheogens to treat post-traumatic stress disorder (PTSD), substance use disorder, and other mental health disorders or challenges. Some speakers shared their recovery from substance use disorder, and how the use of entheogens have helped them in a way where they are no longer dependant. Several mental health practicioners shared their support of deprioritizing entheogens as a pathway to lead to further study of the effects of entheogens. Many speakers highlighted that the language of the resolution does not allow for the sale of the entheogens. Many speakers shared about their personal expereriences with entheogens as part of healing within a larger community. Many speakers pointed out that entheogenic plants have a long history of use in indegenous cultures. Many speakers spoke about creating and maintaining educational groups available to help people learn more about entheogens. One speakers advocated for the passing of the resolution to prevent what happened with the legalization cannabis and the corporatization and collapse of the cannabis industry. 22 speakers spoke in Council Chambers, four speakers spoke on Zoom.

Council Comments and Discussion

Councilmember Contreas-DeLoach spent a lot of time researching this topic. Appreciated all of the letters. It is clear, based on the letters, that this has been a critical piece of the healing process for a lot of people. Questions have been around what the concerns are the clinicians have and how these become illegal in the first place, and only became illegal in recent past. Have been speaking with law enforcement about their concerns as well. She does have concern about language in the resolution and would like that altered if Council is going to pass the resolution tonight. Learned that Johns Hopkins [School of Medicine] plans to recommend that entheogens be changed from a Schedule 1 to Schedule 4, which is the same classification as a sleep aid. Councilmember Contreras-DeLoach said that it comes down to a question of if it is the proper role of government to make the personal private use of a naturally occurring plant illegal, and does not think that is the proper role of government. Would like to clarify as moving forward for law enforcement, and deeply appreciates all the stories shared.

Councilmember Fernandez asked Councilmember Contreras-DeLoach which aspects of the resolution she would like to see removed or refined. Answer: Councilmember Contreras-DeLoach has a long list of items to change, but most important item would be to provide clear direction to law enforcement, since this resolution would go into effect immediately. The Councilmember would like to remove value language from the resolution, specifically the third "whereas" statement--Councilmember would not like to make blanket statements, does recognize that entheogens are not beneficial for everyone, does not think that's an appropriate statement for the Council to make.

Councilmember Fernandez is comfortable removing the third "whereas" statement from the resolution. Councilmember Fernandez asked when resolution would go into effect if passed. Answer: City Manager Slattery clarified that this is not like a resolution where it is introduced and adopted, if passed the policy would be in place immediately. To speak to what Councilmember Contreras-DeLoach is speaking to, if there changes that aren't substantive changes made to the resolution, it can be adopted tonight. Deputy City Attorney Black would advise if a change is substantive or not.

Councilmember Fernandez asked if they removed the third "whereas" and added an adoption date, would that give time to law enforement to provide guidance to Council on the gray areas. Answer: City Manager Slattery said that if Council decides, to give the resolution back to staff to then present at the next Council meeting with whatever direction what Council is looking at. If the question is what is Eureka Police Department (EPD) comfortable with, that would definetly have to come back to the next Council meeting.

Councilmember Ferndez noted that if they were getting into these details, seems like getting into ordinance area. City Manager Slattery said it is up to Council's discretion.

Councilmember Fernandez noted that the state has a history of being bold in a fashion, given the history of cannabis in the state. Noted that as a Council, did approve the intent of Senate Bill 58. Was disappointed that Governor Newsom vetoed the bill. This resolution does not legalize the use of engheogenic substances, which is outside of the purview of City Council, but from Councilmember Fernandez's perspective, lowers a barrier for those who utilizes these entheogens, would make local law enforement focus on other salient issues in our community. Sees this an opportunity to promote this as destigmatizing of its use for healing purposes, and sees that there is community support for collaboration and education. Does not see this as a call to "turn in , tune in, and drop out," instead a call to commuinity for the opportunity for folks to reach out to professionals for support or law enforcement if things take a negative turn, without fear of reprisal.

Councilmember Moulton shared gratitude for people sharing personal stories, and is glad to hear that so many people are finding peace of mind. Like Councilmember Contreras-DeLoach, is not comfortable using anecdotal evidence as evidence, does agree that government needs to step out of the way. Healing shouldn't be top-down, Western medicine is not perfect, and if people are finding solutions for themselves and they are not hurting anybody, then [government] needs to get out of the way and let that happen. In the resolution, Councilmember Moulton is uncomfortable with wording making assertations about efficacy, if something is stated as a fact, would like to have those studies referenced directly. Would like to remove spiritual references as well. In favor of this resolution, but would like to see those assertations either completely removed or specific studies cited. Also noted that while unsure how much time EDP currently spends on this, but is of the opinion othat freeing up that time and resources would be a value to the community as a whole.

City Manager Slattery would like to clarify that if there is an agreement from Council about what needs to be removed, could be adopted tonight.

Councilmember Moulton asked if it is necessary to specifically say that Council is not regulating or endorsing this. Answer: City Manager Slattery beleives that language can be clarified to say that Council is only decriminializing this, and not taking a stance spiritually or medically.

Councilmember Castellano is supportive of removing the third "whereas," does not have as many reservations as fellow Councilmembers. Appreciates the courage of the people who have shared personal stories in a space that can be challenging. Councilmember Castellano also appreciates that emerging practices can offer alternatives to more hierarchical approaches to medicine. Sees that there are exciting spaces for collective research that would live ot see come out of community. Also appreciate that there haven't been significant problems in Arcata following the same decriminialization measures taken two years ago.

Councilmember Bauer thanked community members for their comments and stories. Believes that there is agreement that there needs to be a change to how entheogenic substances are dealt with in the community. Personally believes that enforcement should be focusing on fentanyl and methamphetamine; those are killing thousands of people across the county. As far as the resolution itself, does not have changes that he would like to see; the main point is decriminialization. Understands the desire to edit, does not thing that the entirety of the third "whereas" should be struck, but remove the statements discussing personal and spiritual growth. Would like to keep goal at top of mind, and goal decriminialization. Supports this, and believes that while the negative effects are real, in the large scheme of things, is happy to explore how to pass this tonight.

Councilmember Fernandez clarified that the item Attachment C is a list of the cited studies, asked Councilmember Moulton if that would satisfy the request to have sources cited. Councilmember Fernandez asked if council could give concensus on removing the language discussing personal and spiritual growth from the third "wheras." Councilmember Contreras-DeLoach responded that she cannot give this concensus, that she believes that the document skews one direction, as positive. Does not want to weigh in on being positive use, and would prefer to focus on the decriminializing and deprioritizing aspect. Does not want to weigh in on the value, and believes that the resolution leans to far.

Councilmember Bauer responded that Senate Bill 58 contained the same kind of language, and this document also leaves a record of the thinking behind the decision. If Council removes the language about the discussion from the resolution, will not leave that record for people down the line to look to for understanding of why Council made this decision. Councilmember Contreras-DeLoach agreed with that point.

Councilmember Castellano suggested reviewing the resolution point by point.

Councilmember Contreras-DeLoach would like to have clear language for law enforcement.

Councilmember Castellano would like to pass resolution tonight, beleives that there is enough to pass and it may be that the gray area is not satisfied.

Councilmember Ferndandez asked if were to pass tonight, would Council be able to make it contigent on law enforcement developing guidelines. Answer: City Manager Slattery referenced discussion that Council had with Senate Bill 58, that if someone is distributing, it is clear based on the equipment needed such as a scale, they have a large amount. When getting into personal use with engheogens it can be difficult; if they are shaing there may be a large quantity. In the previous research, showed that previous crimes that were associated with entheogens, it was extremely limited. In the instances where entheogens were present, there were a combination of things. There were other charges associated.

Councilmember Fernandez is trying to find common ground so that action can be taken at this meeting. Would like to see it passed tonight.

City Manager Slattery noted that if Council chose to come back to define what personal use is, could come back as an amendment to the resolution.

Mayor Bergel commented that there are a lot of people in the world who are suffering all the time. In her experience, there is not a one-size fits all cure for all who are suffering. This is another tool for people to use to get the support that they need. When consider the damage caused by drugs like alcohol, heroine, methamphetamine, and fentenyl in a community, this kind of support should be available. Personally had an experience where someone had co-occuring disorders and died from a bad trip. Even so, does not believe that these substances should be banned. Does not think that there's one solution.

Motion to Council

Motion to adopt the resolution, elimitating the personal and spiritual growth section from the third "whereas." Councilmember Contreras-DeLoach commented that she is voting in favor, but would like to note strenous objection to passing this without clear language in resolution, also noting that this document makes it sound like a panacea, and also would like to note that brains are still developing until the age of 25, and any use of any substance can have a detrimental effect. Motion passed unanimously.

Motion to council

Councilmember Castellano moved to extend the meeting to 10:15pm. Motion passed unanimously.

September 2023 Zoning Code Update - Watch

Agenda Summary

Attachment 1 - Bill No. 1032-C.S.

Presented by Development Services Director Cristin Kenyon

This is the fifth modification to the text amendment that adopted the current inland zoning code. This applies the the inland portion of the City. Nothing has changed since the ordinance was introduced at the last regular meeting. Staff believes that amendments better align code with the vision and goals of the 2040 Generak Plan and maintain internal consistency with the zoning code. Staff recomends Council adopts the bill.

Public comment

No public comment on this item.

Motion to Council

Motion to adopt Bill No. 1032-CS passed unanimously.

Reports and Action Items - Watch

Certificate of Sufficiency - Initiative to amend the City of Eureka's General Plan as the plan affects City-owned Parking Lots and Eureka City Schools-owned Jacobs Site - Watch

Agenda Summary

Presented by City Clerk Powell.

Eureka residents Mike Munson and Michelle Constantine-Blackwell filed a notice of intent to circulate a general plan amemendment for housing petition on July 14th, 2023. The City Attorney then prepared a ballot title and summary for the initiative petition. The ballot title was designated "An Initiative to Amend the City of Eureka’s General Plan as the Plan Affects City-owned Parking Lots and Eureka City Schools-owned Jacobs Site"

Proponents submitted the necessary paperwork, filed notices, and then were authorized to then begin collecting signatures. On August 28th, the proponents filed 2,790 signatures with the City. The County of Humboldt Elections Office then verified those signatures, and has certified 1,974 signatures as valid. Election law requires that the number of registered voters is determined by the report that the County Elections Office files with the Secretary of State, on or near the date that the notice of intent is filed. The total number of voters at that time was 15,868. 10% of the registered voters were necessary for the proponents to qualify for the next regular election, or 1,586 valid signatures.

Today received both lawsuit and letter indicating that the proponents felt that this item should have been on the October 3rd City Council Meeting Agenda. The verification was received the day after the Agenda for the October 3rd Council Meeting was published. The City has a sunshine ordinance that requires the City to publish agendas one week prior to each Council meeting. The decision was made to put the item on the agenda for the next meeting which there was no agenda published, which is this meeting.

At this time, staff is requesting that Council either adopt the ordinance without alteration, at this meeting, or within 10 days, or submit the ordinance without alteration to the voters to the next regular election, to be held November 5th, 2024. Have consutlted with both Juan Cervantes, the County of Humboldt Registrar of Voters for the next regular election, and election law. Deputy City Attorny Black is available to answer questions.

Councilmember Ferndandez asked for clarification about timing of when certification received and sunshine ordinances. Answer: Received certification after the October 3rd agenda was timely published under our Sunshine ordinance. Taking a look at the law as a whole, the interpretation from the City Attorny's office meant the meeting of October 17th. The certification could be received the day of a regular meeting, Attorney Black does not believe it would be a reasonable interpretation of the law that would mean that the item would be added to the agenda of that night, giving the public virturally zero opportunity to know that the matter would be discussed and to weigh in. The City has an ordinance that extends the benefits and protections of the Brown Act for the citizens of Eureka to receive notice by way of a posted and published agenda six days before a regular Council meeting. This is a little more than what the Brown act requires, but was a judgement call that a past City Council made, that the citizens needed more notice than what the law required, therefore we publish the Wednesday before the Tuesday meeting. This certification came in after that. Deputy Attorney Black does not think it was a consideration to retract the published agenda and publish a new one violation of our own Sunshine laws. It was made a consideration the day of the meeting by a number of emails from the attorney representing the proponants. They filed a lawsuit over this. The lawsuit would seek to declare the City was wrong in that judgement call. The larger import is that proponents believe that by being disussed at the earlier meeting, that would get this ballot measure on a March 5th California Primary Election as declared by the Governor. That's not what the law requires the City do. Deputy City Attorney Black is confident that the November election is the next regular municipal election, and that is in the City charter.

Councilmember Fernandez asked if it would be out of place for a published agenda to be amended. Answer: City Manager Slattery shared that typically when that has happened, it has been for a time sensitive issue, such as for when an item goes to bid. Has happened a couple of times in City Manager Slattery's tenure. City Clerk Powell noted that if agendas are amended, they are done so and published by the Friday before the Council meeting to stay within the requirements of the Brown act, but the matter of the item needing to be included on the agenda was not brought up until the day of the meeting. Deputy City Attorney clarifed that the agenda was published Wednesday, stating clearly that the initiative was not included on the agenda. It was not brought to the attention of staff until Tuesday, 6 days later, that someone was contending that the item should have been. City Clerk Powell noted that a letter was sent to the proponants and their attorney on that Thursday indicating the item would be included on the next regular council meeting on October 17th.

Councilmember Fernandez noted that even if a court were to find in their favor, the City is discussing the matter at this meeting. Answer: Deputy Attorney Black also noted that one of the questions that the court would have to answer is if it was an unreasonable delay, that the demand wasn't brought to the attention of the City until the day of the meeting, despite the published agenda and a notice.

Public Comment

Seven public commenters shared their support for the initiative.

A public commenter spoke against the initiative.

A public commenter supported Council submitting the initiative to the voters.

A public commenter requested the City rebut claims made in the initiative.

Motion to Council

Council moved and voted unanimously to extend the meeting to 10:30 pm.

Councilmember Moulton asked to define the scope of the conversation; asked if Council is discussing the merits of the initiative as well as deciding if to pass the initative or submit to voters. Answer: City Manager Slattery confirmed that Council is only choosing whether to pass the initiative to submit to voters.

Mayor Bergel invited Registrar of Voters Cervantes to clarify when the next regular municipal election will be held. Answer: the next regularly scheduled election for the City of Eureka is in November.

Councilmember Moulton noted that all of the questions that she has are outside the scope of the actions to take tonight.

City Manager Slattery shared for the benefit of Council and the public that in August Council directed staff to bring information back to the ballot measure related to the legal, planning and zoning, and fiscal impacts of the initative. Staff has analysis that will be presented to Council on November 7th, at the next regularly scheduled meeting.

Councilmember Fernandez asked if Council decides to send the initative to the ballot, could Council decide at a subsequent meeting to pass the ordinance. Answer: City Manager Slattery believes that Council could do so if there is a ballot initative or not.

Councilmember Fernandez clarified that the next general election is in November, and the primary election is in March. Answer: It is City Manager Slattery's understanding that this is the case. City Manager Slattery clarified that Council could ask for a report of anything, regardless of Election code.

Councilmember Castellano thanked staff for ensuring that all members of the public who wanted to speak were able to get a chance to do so. Councilmember Castellano noted that this initative is anit-housing, and would be significantly detrimental to the City. Also noted that this would create significant problems with State law and zoning codes, would cost citizens and taxpayers a great deal of money, and would cause the City to lose a significant amount of grant funding. Supports continued education and access to public process to ensure that the public has a deep understanding of what they're voting on. Supports sending the item to the voters.

Councilmember Contreas-DeLoach noted that there is a lot of confusion surrounding the iniative. Noted that the signatures represents only about 7% of Eureka's population, supports sending this to the voters to allow the people to speak, rather than a small group speaking for the City.

Councilmember Bauer agrees with Councilmember Contreas-DeLoach that the Council can't make a decision based off of roughly 10% of the City, and will leave it up to the voters to decide in November.

Councilmember Moulton wishes that this ordinance did what it says it wants to do, and made housing more accessible in the City of Eureka. If Council could just vote to make housing appear on the Jacobs campus, would be behind that, but that's not possible. Grateful for the chance for the citizens to read more about this, and to hear reports about the real impact of this, and how it will hit the ground. What it will do, what it won't do, what it can and what it can't do. The time between now and when it comes to vote, that is the time for the public to become informed.

Motion to council

Council moved to submit the ordinance to the voters, passed unanimously.

Future Agenda Items - Watch

Councilmember Castellano learned of a City-approved rental lease in the City of Davis, a universal form that landlords use. Deputy City Attorney Black believes that the use of that is optional on the part of the landlord, but is considered to be balanced and fair, which is a selling point for someone to live in that rental unit. Does not believe that it is a legal requirement to use that form, but City Attorney's office can investigate. Councilmember Moulton asked if meant a City-endorsed rental agreement, Councilmember Castellano verified yes, not the City managing leases.

City Manager Reports - Watch

City has had discussions about the Climate Action Plan (CAP). CAP was recently discussed at the Board of Supervisors meeting, will be brought to Council on November 7th. There is a discussion about including items from 1998. Consultant believes that is another alternative, would be analyzing numbers. Will be more discussion. Gist of discussion is that funds that were going to used to finalize the EIR will now need to be used to hire another consultant to do the work. Will delay the process by about 4-6 months, and then funding will need to be approved to complete the EIR. The County Board of Supervisors approved that today with caveats. Will be back with more information on November 7th.

City Council Reports - Watch

Councilmember Castellano attended Redwood Coast Music Festival, went to Economic Development conference in Long Beach to advocate for the North Coast, attened Humboldt Transit Authority meetings, continue to host weekly housing meetings. Thanked Councilmember Contreras-DeLoach for attending Humboldt Waste Management Authority meeting in her place.

Councilmember Moulton looking forward to the City breaking ground on the Boss Cubez village. City Manager Slattery had a meeting today about the work party, and it will be delayed. Will be bringing more information back to Council. Councilmember Moulton also attended a Chamber of Commerce 2x2 meeting, and encourgages people to attend a Haunted House, there are a number in the community and they are all fundraisers.

Councilmember Contreras-DeLoach kicked off the Redwood Coast Music Festival in place of Mayor Bergel, attended Humboldt Waste Management Authority meeting in place of Councilmember Castellano, enjoued the meeting. Attended the Autumn Fair at Redwood Acres, and attended the Chamber of Commerce 2x2 meeting.

Councilmember Fernandez visited the Silver Wind, possibly last cruise ship of the season, attended the Redwood Coast Music Festival for the first time, had meetings with constituents to discuss various concerns surrounding housing and parking and fruit vendors, and expressed interest in becoming more involved in processes, and hoping to have a neighborhood event before the end of this year. Attended an interview with Mayor Bergel conducted by a student from Cal Poly majoring in Geographic Information Systems (GIS), hoping to have a 2x2 with Eureka City Schools to discuss the Jacobs site, forward strides in mental health services for students, and change in leadership with an expected new superintendant.

Councilmember Bauer attended Joint Powers Authority meeting, barbecued for the Eureka High School Boosters to raise funds for Homecoming.

Meeting Adjourned

6:00 PM, October 17th - City Council Chambers, Second Floor of Eureka City Hall, 531 K Street

Attend the meeting:

In person

via Zoom online, Meeting ID: 820 1614 9675 - Passcode: 503858, Phone +1 669 900 6833 Meeting ID: 82016149675#

via phone 707-441-4243

Or watch online

View the Agenda - Mayor & City Council Contact and Information

Mayor's Announcements

Proclamation: Long Term Care Residents Month

Presentations

Talk Eureka - Citizen Engagement

Public Hearings

Unmet Transit Needs Public Hearing

Agenda Summary

24-25 Transit Needs Process

2023-24 Fee Schedule Update

Agenda Summary

Resolution - FY23-24

Consent Calendar

Notice to the Public: All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Pursuant to City Council Resolution 2011-22, if a member of the public would like an item on the Consent Calendar pulled and discussed separately, the request shall be made to a Councilmember prior to the meeting. Unless a specific request is made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.

Approve City Council regular minutes of October 3, 2023

Minutes of Eureka City Council, October 3, 2023

Destruction of Police Records

Agenda Summary

Resolution: Destruction of Records

Purged Police Records List

Sewer Maintenance 2022 Project Acceptance

Agenda Summary

ABC Grant Acceptance

Agenda Summary

Standard Agreement

Scope of Work

Resolution: ABC Grant

Mental Health Clinician (2 FTE) and Mental Health Case Manager (2 FTE)

Agenda Summary

Resolution: Add Mental Health FTEs

Engineering Reorganization

Agenda Summary

Senior Engineering Technician

Resolution: Engineering Reorg. Oct. 2023

Ordinances/Resolutions

Entheogenic Plants and Fungi Criminal Priority

Agenda Summary

Resolution: Entheogenic Plants and Fungi

Attachment A

Attachment B

Attachment C

September 2023 Zoning Code Update

Agenda Summary

Attachment 1 - Bill No. 1032-C.S.

Reports/Action Items

Certificate of Sufficiency - Initiative to amend the City of Eureka's General Plan as the plan affects City-owned Parking Lots and Eureka City Schools-owned Jacobs Site

Agenda Summary

Future Agenda Items

City Manager Reports

Council Reports/City Related Travel Reports