Regular City Council Meeting - November 21, 2023
View Agenda - Watch Entire Meeting
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
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.
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.
Metropole Siding and Window Rehabilitation Historic Preservation Review Appeal
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.
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
Councilmember Castellano asked for staff to report on any future City parking garages.
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
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