Regular City Council Meeting - April 16, 2024
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 - Watch
Mayor Bergel presiding; Councilmember Moulton, Councilmember Fernandez, Councilmember Bauer, and Councilmember Contreras-DeLoach present in chambers. Councilmember Castellano attended remotely.
Report Out of Closed Session - Watch
Councilmember Castellano announced that she was traveling out of the area for work, which is an allowed attendance through teleconference. Council voted to allow remote participation and the motion passed.
No other reports out of closed session.
A. Mayor’s Announcements - Watch
A.1. Proclamation: Volunteer Appreciation Month - Watch
Read by Councilmember Moulton, in recognition of Volunteer Appreciation Month. Presented to Eureka Police Department Volunteer Patrol. Volunteer patrol is 29 years old, and was reorganized after Covid. The volunteer patrol helps with traffic control for events like parades, and incidents such as fires or crime scenes. The volunteer patrol is always looking for more volunteers. More information is available at eurekaca.gov
A.2. Proclamation: National Public Safety Telecommunications Week - Watch
Read by Councilmember Bauer, in recognition of National Public Safety Telecommunications Week. Presented to Dispatch Supervisor Brittany Wilson, shared appreciation for the recognition and for the dedication and hard work of the dispatch department.
Police Chief Stephens shared remarks, he is very proud of volunteers and dispatch, and proud of all employees. Also noted that this week is Animal Control Officers appreciation week.
Mayor’s Report
Mayor Bergel attended community schools Town Hall from true north, discussing solutions for disadvantaged children, including transportation contracts and belonging circles. One presenter noted that one needs love to learn.
Boys and Girls Club of the Redwoods will host a memorial event for Child Abuse Memorial Day on April 28.
Upcoming Town Hall, Embracing Humanity, will include Keynote Speaker Skid Row CEO Joe Roberts, a panel of professionals and a lived experience panel. May 4 in City Hall Council Chambers and available on Zoom as well.
Mayor Bergel will be out for surgery beginning April 25, and will be available by phone while recovering.
B. Presentations - Watch
B.1. Homeless Action Plan - Watch
Presented by Project Manager Davis
Presented an update of the eight goals of Uplift Eureka. Full update is available online at eurekaca.gov/uplift.
Goal 1. Increase Affordable Housing: Partnerships with private developers have led to the creation of affordable housing units, such as the Laurel Canyon project, with plans to exceed 300 units by 2028. Efforts to secure funding for hotel/motel conversions are ongoing.
Goal 2. Engagement with Homeless Individuals: Surveys and collaborations with CSET, Uplift, and CARE staff provide data for outreach and programs. Infrastructure improvements for the Uplift Eureka Resource Center are underway, aiming for an early July opening.
Goal 3. Community Education and Resource Awareness: Presentations at various clubs and organizations, media engagement, and social media presence are ongoing. De-escalation trainings and town hall series contribute to community education.
Goal 4. Rapid Rehousing Program Expansion: Over 200 individuals have been housed since 2019, with 56 individuals housed recently. Supportive services are emphasized, with efforts to reach out to landlords and secure grant funding.
Goal 5. Homeless Prevention Program Implementation: Funding has been secured to launch a homeless prevention program, providing financial assistance to those at risk of homelessness by June.
Goal 6. Partnerships and Collaborations: Active involvement in committees and partnerships with local service providers, emphasizing outreach and coordination for effective service delivery.
Goal 7. Addressing Environmental and Public Health Issues: Collaboration with EPD, Eureka Rescue Mission, and Harbor Operations Technician to address environmental impacts and safety issues.
Goal 8. Data Utilization for Service Improvement: Ongoing analysis of data to identify trends and improve service delivery, with upcoming programs like Pathway to Payday for job placement.
Council Questions & Comments
Councilmember Bauer asked how long the waiting list for services is. Answer: Project Manager Davis explained that they don’t refer to it as waiting list. The Coordinated Entry System is a priority system based on VI-SPDAT scores, and currently has over 900 eligible individuals. This is a county-wide priority list, not just based in Eureka. The same list is also for rapid rehousing programs, permanent supportive housing programs. The intent with the prevention money is to reduce the amount of people who are entering homelessness, and continue work in assisting folks with rapid rehousing opportunities.
Councilmember Fernandez asked about low or no barrier entry for individuals facing addiction or substance use issues. Answer: Project Manager Davis noted upcoming transitional housing project at the Crowley site is designed with low barriers, following the Housing First model, and emphasizing the need for continued efforts to secure funding for shelter beds. City Manager Slattery said that while the City got pretty far along the process for the last Homekey grant, it was not successful. Hopeful for the upcoming Homekey 4 grant process, aims to fund low and no barrier housing for people with animals and couples. Have insight on why was not funded, and will be able to respond if next round of grant funding is opened.
Councilmember Fernandez is grateful for everything that the Betty Kwan Chinn Center does in the community, and noted that it does have barriers to entry. Answer: City Manager Slattery noted that there are not many shelters that have kennels, noted that the Navigation Center contract is being finalized and believes that the shelter run by DHHS will have no-barrier beds available.
Councilmember Fernandez asked about the surveys conducted. Answer: Project Manager Davis noted there were two surveys, the Point in Time count occurred in late January over one morning, from 6:00 a.m. until noon. As many teams as possible go out and conduct a count. The second survey occurred over 4 weeks between March and April, City staff went out and conducted own count. That just ended and the data is being analyzed.
Councilmember Fernandez asked which other organizations are participants in the Continuum of Care (COC). Answer: Project Manager Davis noted that there are several organizations within the COC; Humboldt County Department of Health and Human Services (DHHS), Redwood Community Action Agency (RCAA), Nation’s Finest, Arcata House, and Affordable Homeless Housing Alternatives (AHHA). There are organizations that sit on the Executive Committee, and more that participate in the general meetings.
Councilmember Castellano asked if the priority list is the same list that the Housing Authority of Eureka and Humboldt uses for placement in their program. Answer: Project Manager Davis noted that they are separate. He believes that one does not need to be experiencing homelessness to get on that list, and there are separate lists for the different sizes of housing available. Lists for vouchers and lists for their own housing. This is a separate list from their internal lists. City Manager Slattery also noted that the McKinney-Vento definition of homelessness is used to determine homelessness, which does not mean unsheltered. It does include people living in hotels, on couches, and other non-permanent living situations.
Councilmember Castellano asked about sanctioned camping sites that were discussed previously, and if there were successes in bringing forward or what the obstacles were. Also asked about legislation passed that would allow churches to use their parking lots for sanctioned camping. Answer: City Manager Slattery noted that as a part of the last Participatory Budgeting, held workshop to discuss the process of how to authorize an encampment. Had preliminary discussions with AHHA, and then with employee of St. Vincent de Paul dining facilities; have not heard back. Have had discussions with other representatives of AHHA, but haven’t had any follow-up yet. As far as the sanctioned camping on church property, City Manager Slattery is not familiar with state laws, but notes that the municipal emergency ordinance would allow for that, as long as the location is not in the Coastal zone; basically every zoning designation outside of the Coastal zone allows for that, including churches.
Councilmember Contreras-DeLoach commented that she had not had a clear idea of how much work the City does around homelessness, and now that has a clear understanding, noted that it is more than what is required, and as county seat a lot of challenges land here.
D. Public Comment - Watch
Ten people shared public comment. Commenters shared some frustration with using new permitting systems, shared about their personal mental illness journeys, shared suggestions for adding exercise stations to public paved trails, shared appreciation for update on Homeless Action Plan and suggestions for partnering for waste disposal resources and the importance for shower and bathroom resources, and asked for Council to consider a ceasefire resolution.
F. Consent Calendar - Watch
F.1. Approve City Council regular minutes of April 2, 2024 Council meeting and City Council special minutes of April 3, 2024 as submitted.
F.2. Da' Yas Park Multi-Sport Kit Purchase
Agenda Summary - Multi-Sport Kit Purchase
F.3. Award Bid No. 2024-10 Da' Yas Park Improvement Project
Agenda Summary Bid No. 2024-10 Award
F.4. Water Improvements 2024 Project - Award
Agenda Summary - Water Improvements 2024 Project - Award
F.5. Fisherman's Terminal Pilings Replacement Project - Award
Agenda Summary - Fisherman's Terminal Project Award
Motion to Council
Council voted to approve the consent calendar as written; unanimous Yes vote, the motion carries.
G. Legislative Action Correspondence - Watch
Councilmember Bauer would like to write letters of support for four bills: AB 2081, AB 2121, AB 2574, and SB 913, all aimed at increasing transparency and community involvement in the operation of substance use disorder treatment facilities. These bills are supported by CalCities.
AB 2081 requires operators to disclose any legal disciplinary actions on their websites, enhancing transparency for nearby residents. SB 913 allows cities to request approval for site visits to investigate complaints, providing more oversight.
During the discussion, concerns were raised about the definition of treatment facilities and the potential impact on neighborhoods. Council members expressed varying opinions on the bills, highlighting the need for accountability and safeguards for residents, and voicing concerns about over-concentration and potential exploitation. Councilmember Contreras De-Loach does not want these to be another tool that would be used to prevent facilities opening in neighborhoods.
Ultimately, the council reached a consensus to support AB 2081, AB 2574, and SB 913, while further discussion was suggested for AB 2121. Council members acknowledged the complexities of the issue and the importance of balancing community needs with support for individuals seeking treatment.
Councilmember Bauer noted that the City does not weigh in on a lot of legislation, and is happy to support the three of the four bills.
H. Ordinances & Resolutions - Watch
Agenda Summary - H and I Streets 1st to 2nd Street
Resolution - H and I Streets 1st to 2nd Streets
Presented by City Engineer Willor
Proposed modifications to one-way couplet on H and I Streets only between First and Second streets.
These modifications conform to the Complete and Green Streets Policy adopted by Council. Over the years, Council has advocated for increases in dedicated pedestrian and bicycle facilities to enhance safety and promote active transportation.
Quoting the Complete and Green Streets Policy, “the City shall … [create] a comprehensive, integrated transportation network that is safe, accessible, comfortable, accommodating, and welcoming to all users.” This is a big part of why these kinds of projects are conducted.
The H & I corridor project creates a multimodal corridor connecting Old Town and Downtown to neighborhoods in south Eureka. The project is in the final phase, are currently installing lane lines, buffered bike lane striping, and traffic signal improvements. To complete this corridor, the sections of H &: I Streets between First Street and Sixth Street, and need to address the section between First and Second Street first.
The proposed changes would decrease the traffic lanes to one lane for both H and I Streets, and add a bike lane with a buffer of four feet between the lane of traffic and the bike lane. I Street will have an additional two feet between the parallel curb parking and the bike lane, and both H and I Streets will have parallel parking next to the bike lanes. I Street will have parallel and diagonal parking on the curb opposite the bike lane, and H Street will have diagonal parking on the curb opposite the bike lane.
Council Questions
Councilmember Moulton asked if bike lane is on the same side of street above and below Sixth Street. Answer: City Engineer Willor said they were not on the same side of the road and will need to coordinate with CalTrans about the Fourth Street and Fifth Street intersections. It will be a jog, and plan to use bike box markings at the intersection, which is a standard way of moving a bike lane.
Councilmember Moulton asked the reason why and where the bike lane crossing will be located. Answer: City Engineer Willor said that it would be one crossing between Third and Second Streets. Those intersections are not as busy, have a much lower volume of traffic. The bike lanes are confined by hardscaping and current parking configuration. It would require configuring a large majority of parking in the area to avoid the moving of the bike lane.
Councilmember Bauer asked if this added parking spaces. Answer: City Engineer Willor said that this is adding about four parking spaces.
Councilmember Fernandez asked if there are plans to add more diagonal parking like this configuration. Answer: City Engineer Willor said that there are no plans to add diagonal parking on H and I Streets south of Fourth and Fifth Streets, and doing so would require a complete reconfiguration of the lanes.
Public comment for this item
Four people shared public comment. One commenter noted that people use H and I Streets to take boats to boat launch facilities, and would like that need to be kept in mind. One commenter is looking forward to the green bike boxes. One commenter noted that this is just a single block, it is an important connection with the Waterfront Trail, and that it would be good to reconsider the use of the hardscaping. One commenter asked to have protected bike lanes and not just buffered bike lanes, and noted that when they bike on streets and obey the traffic laws, get yelled at by drivers when there aren’t dedicated spaces for bikes.
Council Comments
Councilmember Castellano noted questions from commenters and asked if there were plans to move the hardscaping, and if there were options to keep the bike lane on one side of the street. Answer: City Engineer Willor noted that there are always opportunities, and that the standpoint now is to complete the project within the budget. Hardscaping removal or moving is much more intensive, and much more challenging. The current project of just restriping is much more approachable, and can be incorporated within the larger project. If were to remove the hardscaping, would probably want to review the entire section from First to Fourth Streets, and that would be a much bigger project. It would be a different looking project at that point.
Councilmember Castellano asked if this project moves forward today, if that would prevent the City from considering the configuration of the hardscaping in the future. Noted that the striping plan is the most affordable way of moving forward today, but would it be an extensive sunk-cost in terms of removing the hardscaping. Answer: City Engineer Willor said that there are always pluses and minuses to acting as opposed to waiting. The process of the creation of this corridor has gone across so many facilities, and the goal is to create the corridor. This does not preclude any further changes; this project is just striping and signage and easy to change in future.
Councilmember Castellano asked if hardscaping could be included in long term bike planning projects. Answer: City Engineer Willor said that it could be included.
Councilmember Moulton asked if there would be signage explaining bike boxes and how to use them. Answer: City Engineer Willor said that there will be bike boxes on the H and I Streets corridors and signage showing bikes and vehicles how to use the lanes, green boxes at many intersections and signals.
Councilmember Moulton suggested coordinating with community organizations on public outreach campaigns.
Motion to Council
Council voted to approve the changes; four Yes votes, Councilmember Contreras-DeLoach dissenting, motion carries.
H.2. Eureka Housing Trust Fund - Watch
Agenda Summary - Eureka Housing Trust Fund
Resolution - Eureka Housing Trust Fund
Eureka Housing Trust Fund Guidelines
Presented by Finance Director Millar
The Eureka Housing Trust Fund (EHTF) is a new special revenue or grant fund, City uses about 44 funds, would be in addition to existing funds. These are used to track budgets that have restricted uses.
The EHTF will be funded through $500,000 of American Rescue Plan Act (ARPA) funds, and then through a commitment of an annual investment of $100,000 from vacation dwelling unit (VDU) transient occupancy taxes (TOTs).
Funds from the EHTF may be used for housing-related projects, with priority given to lower income levels.
Nest steps if the EHTF is approved, staff will prepare application for Notice of Funding Availability (NOFA) grant funding window, believe this will be in May. This could add an additional $500,000 to the EHTF. Then staff will create a local NOFA to incorporate the ADU program Eureka Builds It! which is in development.
Council Questions
Councilmember Bauer asked how much would spend per year, asked if there was a ceiling in place. Answer: Finance Director Millar said that if the entire fund was used, that would mean that there’s that much more affordable housing, however would want to isolate funds for specific programs. Large projects could easily absorb the entire fund, would be in the City’s best interest to set aside perhaps half of the funding for the ADU program, and the other half for development of affordable housing. The guidelines require staff to come to Council prior to issuing a NOFA, and Council will have opportunity to decide how much of the trust fund to dedicate to those programs.
Councilmember Fernandez asked what percent the $100,000 represents of the total TOTs collected. Answer: Finance Director Millar said that last fiscal year grossed $3.2 million in TOT overall, this is a small percentage of the total. This amount is substantial for the EHTF but a small percentage of the TOT, and there’s nothing stopping Council from deciding to contribute more than $100,000, that is the minimum that the state requires to maintain a trust fund.
City Manager Slattery noted that the amount of $100,000 is what the City expects to receive in TOTs from just short-term vacation rental TOTs.
Councilmember Contreras-DeLoach asked if this is the part of the process to make sure that staff would be prohibited from using the program. Answer: City Manager Slattery believes that it is assumed that staff and Council would be disallowed from the program for conflict of interest. Deputy City Attorney Black noted that the boundary between permissible and impermissible access to grant funding would need to be considered, it may not be that every city employee should be excluded, if they are at lower levels of influence and income. City Clerk Powell noted that if someone in the program enters into an agreement with the City, the City Charter would prevent any employee from entering that contract.
Councilmember Contreras-DeLoach asked if there are other groups or organizations that the City works with that should be excluded from participating in this program as well. Answer: City Manager Slattery believes that it would be on a case by case basis. Depending on the nonprofit or organization, and unless there’s an unusual circumstance, if they qualify for the income levels and don’t work for the City, does not see there being a conflict of interest.
Public comment for this item
Three people shared public comment. One person noted that an apartment that was advertised as affordable wasn’t actually affordable. One person spoke in support of the EHTF and suggested taxes for under-utilized properties. One person spoke in favor of this and agreed with another commenter, and cautioned that affordable housing units need to be actually affordable, and noted that there are a large number of properties that aren’t maintained well.
Council Comments
Councilmember Bauer commented that this is a great move, and noted that he didn’t ask about mechanisms of the trust fund but is confident that staff can figure out the process as it is developed; anything to increase housing in our community is a good thing.
Councilmember Castellano is excited for this to come forward. Imagines that there could be needs for gap funding for affordable housing projects. Noted that there is potential for collaboration with the regional housing trust fund, conversation in the works about developing a regional trust fund. Hopeful that could be used for greater regional housing. Also noted that a vacancy tax discussion will be coming to Council soon.
Motion to Council
Council voted to approve the EHTF, the annual funding, and the guidelines; unanimous Yes vote, the motion carries.
J. Future Agenda Items - Watch
Councilmember Bauer would like to have a report about a recent Mill Valley reusable foodware ordinance that allowed the use of reusable foodware to be used for takeout dining. Council consensus reached.
Councilmember Castellano asked to bring forward a ceasefire resolution along the lines of the resolution that passed by the City of Arcata. Council consensus reached.
K. City Manager Reports - Watch
Presented by Managing Mental Health Clinician Rosen
Requested by Council at a previous meeting to give an update on State Senate Bill 43. This bill brings changes to mental health law, particularly regarding the definition of "gravely disabled”. This originates from the Lanterman-Petris-Short Act of 1967, aiming to end inappropriate indefinite involuntary commitment. This affects involuntary hospitalization criteria and conservatorship criteria.
Core criteria for involuntary hospitalization (5150) include danger to self, danger to others, and grave disability. SB 43 proposes changes to broaden the definition of “gravely disabled” to include severe substance use disorders and co-occurring mental health and substance use disorders.
Challenges and concerns around this change to the definition are dominated by the lack of current infrastructure for substance use treatment and the inability for facilities to bill if the primary cause for the involuntary hold is substance use disorder. The efficacy of involuntary substance use treatment is in question, and does not work for everyone. The expansion of the definition also expands the population requiring services, and will continue to overburden the system.
This change also expands the sources of evidence for conservatorship petitions, increases reporting requirements, adds steps in conservatorship investigations process, and allows for treatment at lower levels of care.
This bill also changes how resources provided to an individual are treated, so families no longer need to abandon loved ones to show that they meet criteria for either involuntary hold or conservatorship.
Legal forms from the State have not been adjusted, and need more guidance on new criteria and new facility licensing categories, monitoring agencies, and possible Medi-Cal changes. The County still needs to fund and construct a new facility. If funding is available, it will still be three to four years before a facility can be built and opened.
Most counties, including Humboldt County, have opted to delay implementation. This will go into effect January 1, 2026. That will give some time to address these issues.
M. Council Reports & City Related Travel Reports - Watch
Councilmember Castellano attended a Humboldt Transit Authority meeting, attended Humboldt Waste Management Authority board meeting and reviewed the budget, board requested expand financial support for abandoned waste, like the dumpster program and other services, local composting will be delayed until 2026.
Councilmember Moulton attended post-incident analysis with fire department, reviewed response to incident, appreciated review of process. Noted that the fire department will do walk-throughs of businesses, especially those without sprinklers or in older buildings, to prepare in the case of a need to respond. Fire department will be organizing Bark in the Park again. Attended Chamber of Commerce 2x2 meeting. Looking forward to Forest Moon Festival at the end of May, recommending to local businesses to get involved and to be a part of this tourist event.
Councilmember Fernandez met with Community Schools Director for Safety and Transportation with City Manager about potential for transit passes for students, met with constituents with concerns about bike plan, attended workshop on Humboldt’s priorities for statewide housing climate policy regarding how statewide legislation affects rural communities, attended student club multicultural night at Eureka High School, thanked Councilmember Bauer for standing in at the upcoming Redwood Region Economic Development Commission meeting.
Councilmember Bauer attended the JPA meeting, attended Humboldt Bay Symposium, saw CalTrans plans for the Safety Corridor there, met with neighbors about invasive species removal from their properties and how that effects privacy, Cal Poly Humboldt Athletics fundraiser, will be traveling to CalCities board meeting.
Councilmember Contreras-DeLoach went to Housing and Community Development for California, attended Chamber of Commerce 2x2 meeting, had a short call with State Senator McGuire regarding allowing the naming of Safely Surrendered Children, went to Court Appointed Special Advocate fundraising gala.
Mayor Bergel noted that the flowers in Chambers are provided by the Eureka High School Floral Department.
Adjournment - Watch
Thank you for your contribution!
Help us reach out to more people in the community
Share this with family and friends