Regular City Council Meeting - October 3rd
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 Fernandez, Councilmember Bauer, and Councilmember Contreras-DeLoach present in chambers. Absent: none
Proclamation: Year of Rotary - View the Proclamation
Read by Mayor Bergel, in recognition of 100 years of Rotary Club and the many services for the community. Presented to Annalise von Borstel President and officers of Rotary Club of Eureka.
Mayor's Reports
Report from Lynn McKenna of the Redwood Coast Music Festival. The Board of Directors are dedicating the 2023 event to City of Eureka and staff. The event is 33 yrs old and this is the 31st annual festival. The festival has faced many years of trials, and has received many years of support from City, and wishes anyone to extend gratitude to City staff and volunteers they see during event.
Volunteer Month Re-Cap
Presented by Recreation Supervisor Jim Thomas
Volunteer Month and Neighborhood Beatuification Program
Piloted in 2021 by Robin Praszker and Councilmember Castellano, and chose September to be Volunteer month. Some groups have recurring weekly or monthly events, including the Myrtle Grove Cemetery volunteer group.
Volunteer month had four events last year, grew the event to be larger this year, and a 5th Saturday meant five weekend events in the month instead of just four.
- 9/2 First event in Old Town, recurring volunteer cleanup event held the first Saturday of odd number months
- 9/9 Del Norte Dog Park, spread chips and gathered trash
- 9/12 Wharfinger Building landscaping beautification, City staff volunteered to do the planting
- 9/16 Old Town Gazebo, working with the Wiyot Cultural Center, cleaning and planting in flower beds
- 10/15 will be working with Rotary Club to finish planting Gazebo, volunteers are welcome, will be from 10am to 12pm.
- 9/23 Sequoia Park Ivy League, is also monthly invasive ivy removal event
- 9/28 City Haulers, City Hall volunteer group, returned for competition to collect most trash from area surrounding City Hall
- 9/30 Concluded at Hammond Park, have been working with Centro del Pueblo, have been maintaining flower beds. Wanted to make event as community-oriented as possible.
- Lost of community support through sponsorship, gave prizes and grand prize for person who attended all events at final event of Volunteer Month
- Ended with BBQ and celebration of volunteers, gave vests to volunteers who have been volunteering consistently
Volunteer opportunities are available year round, can call 707-441-4206 for more information
No questions from council.
Councilmember Bauer expressed appreciation for the work behind the events and for making the volunteer program happen. Enjoyed time at Hammond Park.
Mayor’s Announcements, continued
Shared appreciation for volunteers and the work they have done in the community.
Held Town Hall on Saturday, September 30th, about Children’s Mental Health. Had some good speakers and good conversations. Community Members can visit Talk Eureka website to continue conversation.
Welcomed two cruise ships to Humboldt Bay.
Mayor receives call every 6 months or so from a person who had been living on the streets, and checks in with Mayor periodically. Person had received assistance from Uplift and other community organization; calls to thank the people who have helped them get housing and medical items together. He wanted to share that he had received an opportunity, and Mayor Bergel wanted to highlight that this is a case of something happening in our community all the time, of people making positive changes in their lives.
Got to do an interview with Lost Coast Populist, had a good time. The most important part was the willingness to sit down and have a conversation from a place of respect. That made a huge impact.
Attended League of Cities, went to many different workshops on free speech, decorum, running meetings smoothly. Was grateful to see other cities facing some of same issues. Recommend look up speaker Brandon Fleming.
A commenter shared prayers and a reading from the Bible.
A commenter representing Decriminalize Nature shared the events from a community round table they held, and presented more letters to Council.
A commenter offered assistance in navigating week without driving for Councilmembers. Also noted issues with traffic obeying posted signs in Old Town.
September 2023 Zoning Code Update
View Attachment 1 – Change Summary
View Attachment 2 – Draft Ordinance
View Attachment 3 – Draft Code
Presented by Development Services Director Cristin Kenyon
Annual inland zoning code update. Proposed changes make updates to design review, will spend some time on design review and previous questions from council. Pertains to inland portion, no coastal portion. Municipal code was updated in 2019, attempting to bring annually for updates. Four amendments have occurred. Staff notes items as they use the code, such as errors, inconsistencies, improvements for readability, omissions, needed use type categories, clarification to resolve questions of interpretation, address unintended consequences, and inconsistencies between City code and State Law. This amendment would also help the City earn a "Pro-housing Designation."
Planning Commission reviewed proposed amendments at September 11th public hearing. Voted to recommend that Council approve. Commission did have concerns with how accessory Dwelling Unit (ADUs) interact with registered historic properties. Amendment would not be be required in certain circumstances, specifically if detached new construction is not between a historical building and the street, or if created within interior space, or if attached addition is not visible from public vantage points. Planning Commission recommended staff research objective design standards for historic properties before next annual code update.
Changes to note in this update: housing projects of up to four units are exempt from subjective Design Review. Currently only single family homes are exempt. Objective design standards are new in the 2019 update. Prior to, code had minimal requirements for landscaping. Subjective Design Review approval occurs at a noticed public hearing before the Design Review Committee or another decision-making body, where Objective Design Standards are reviewed and approved by staff. Staff believes that objective standards that have been added to the code ensure aesthetically pleasing development, and that exempting housing projects of up to four units from Subjective Design Review will not compromise Eureka's attractiveness or sense of place.
Most impactful objective design standards added to the code to highlight in this presentation: no blank walls of 10' by 10' or greater are allowed; each street-facing side required to have an equivalent degree of detailing, and must have at least items from a long list of architectural details; prominent building entrance(s) must face street; surface parking not allowed between primary building and the street; parking lot landscaping requirements increased, and landscaping between building and sidewalk.
Update of code also includes streamlining design review process--if multiple discretionary permits, they all go together to the highest review authority needed for any one of the permits. If appeals are needed, appeals go up the chain of authority: Design Review Committee decisions are appealed to the Planning Commission, Planning Commission decisions are appealed to City Council, and Historic Preservation Commission decisions are appealed to City Council.
In the period after the code was updated in 2019 to May of this year, 75% of projects only needed Design Review Committee. 12 projects involved new MFH. 11 went to Design Review Committee, one went to Planning Commission. One was denied by Design Review and then appealed and approved by Planning Commission.
Design Review Committee is made up of 5 members, and all are required to have professional experience in architecture, land development, landscape architecture, or other design-related professions. Meets twice a month, more often than Planning Commission or Historic Preservation Committee. Two thirds of their regular meetings have been cancelled due to lack of agenda items.
Permit process for subjective design review: staff receives an application and verifies that it meets all objective design standards. Application is then sent our for referral to interested agencies and other departments, is a 10 business day referral period. Then Staff Report is prepared, which includes writing findings for 8 subjective design review criteria. Public hearing notice is posted at the site and online and mailed 10 days before hearing. Then public hearing is held. Discretionary nature of the process triggers California Environmental Quality Act (CEQA), must make CEQA determination. Following hearing is 10-day appeal period. Then may apply to building permit. If modifications for design are required, then have to start the process over at Design Review to approve modifications. Cost for this process is $950. Important note: in the Coastal Zone, Design Review does not require public hearing, so the cost is only $360. Majority of the cost is noticing the Public Hearing.
Permit process for objective design standards: planning staff reviews when subjective design review approval is received, or when building permit is received. Reviewed as part of the permit approval process, and no additional charges for this review. This is a much simpler process.
Multi-Family housing (MFH) is principally permitted in large part of Eureka, and because principally permitted does not require a use permit. Design Review is typically the only discretionary approval required for MFH, otherwise CEQA wouldn't be triggered and would be just administrative process. Exceptions for Hospital Medical District (requires a use permit), Commercial Waterfront District (requires use and coastal permits), and property on historic registry (requires historic review), or deviation from standards (variance, zone change, etc), if in Coastal Zone outside Categorical Exclusion Zone (require coastal permit).
Applicants dislike design review process because it's additional time and process for discretionary process. It triggers CEQA and can require an initial study which may cost $10,500-$32,00 for a consultant with a $3,000 deposit for City Staff time. Extra publicity with hearing and more opportunity for members of public to slow down or derail projects--this step is disliked by applicants, Planning staff believes that public input from neighbors is a benefit to the community. Uncertainty of subjectivity, unknown how standards could be interpreted, and can hinder adaptive management during construction of project--if substantial change, does have to go back before Design Review Committee, and additional cost is 75% of original price.
In a larger picture, the state is limiting subjective design review, and City must approve housing consistent with City's objective standards. Cannot deny a housing project nor reduce its density based on a subjective design standard. Cannot adopt new subjective design standards. City is seeking Pro-Housing Designation from the State, removing subjective standards will aid in achieving that designation. Additionally, social justice issues raised whether or not appointed board represents the community accurately. More and more cities moving away from subjective standards and to objective model. If applicants want to deviate from objective standards, then longer discretionary process. Otherwise, is quick administrative approval.
Other changes of note are included in agenda summary [linked above].
Overall recommendation is to hold a public hearing and introduce this bill for the 2023 Zoning Code Update.
Council Questions & Comments
Councilmember Moulton asked where some of the new standards came from, noted the item about blank walls facing the street. Answer: Development Services Director Kenyon was not employed by the City at that time and cannot speak to the specific decisions at that time. Can say that lots of other cities are moving to an objective standard model and is sure that those other criteria were reviewed. Specifically, the impact of blank walls in a city are clear, cannot say how arrived at specific measurement of 10' by 10', seemed like an obvious addition to the list. When reviewed what was undesirable about more modern developments as opposed to more historical developments, this was a major item.
Councilmember Moulton asked about equal detail on all sides, what are some examples of this requirement that would not make construction unnecessarily cumbersome. Answer: This is something of a subjective objective standard--there is a long list of architectural details in objective design standards in the code, and some of which are using two different types of siding, or there is a projections or variable roof height. Councilmember Moulton clarified that this would not force window locations, or force plumbing locations. Also noted that the 10' by 10' limitation stuck out speaking as a muralist, noted they like to work on large blank walls, but also noted that there are probably plenty of large blank walls already in existence.
Councilmember Castellano asked if there has been an analysis of items that had been rejected by design review and if those could be incorporated into the objective standards. Answer: some of the items that went back for modification were because the applicants had decided to change their project, not because the committee had required a change. In terms of what Design Review Committee has said about projects were denied, can do research and incorporate recommendations as standards.
Councilmember Castellano asked if there were concerns about staff time with the increase in staff tasks surrounding changes. Answer: The new standards are already requiring increased staff time to review building permits.
Councilmember Castellano asked if there are there existing items that wouldn't meet the new standards, how would those be brought into compliance. Answer: existing items are legacies and already approved based on the standards at the time of the construction. If new standard implemented, standards are for new development only. Specifically about enclosures for trash cans and dumpsters, there are grant funds available to aid with the building of an enclosure.
Councilmember Castellano asked if standard for window transparency would affect cannabis lounges. Answer: state law takes precedence in this case, and if state law allows for an item disallowed in City code, could follow state law. Could add provision to code to make clearer in future.
Councilmember Fernandez noted that difficulty in building ADus at historical properties, asked if any have been held up or prevented as a result of the Historical Preservation Commission. Answer: in time have been employed by City, since 2021, only aware of one ADU that was required to go through the Historic Preservation Commission Review process; was just a longer process, and did not meet the self-imposed 45 day approval deadline. Noted that fee for Historic Preservation Commission Review is waived if applicants go through the proper channels and apply for the permits before beginning work. Is not aware of a project that has not moved forward, but will research and report back to council if there has been one.
Councilmember Fernandez asked about when CEQA was triggered. Answer: anytime a City Discretionary permit is required, then that will require CEQA. If it is a private project, that won't trigger CEQA. If the City is required to take discretionary action on a project, that will trigger it. Once triggered, few different pathways: a project could meet an exemption, most projects in Eureka meet the infill exemption. Where have to do bigger documents are most often sites on Geotracker with a current or previous cleanup case on them; cannot be exempted with categorical CEQA exemption. The biggest document, Environmental Impact Report (EIR), might be required if a historic structure would be demolished, can run in the $100,000 range. Is rare in Eureka the need to do full EIR.
Councilmember Fernandez asked to clarify pro-housing designation, what the elements that go into that, and how the City is provided points. Answer: State has created Pro-Housing Designation that cities apply for, and if meet State's criteria, are awarded that designation. The designation is getting incorporated into more and more opportunities for funding; applicants who have the designation receive extra points for having it. Must score at least 30 points on the metric to be awarded the designation, and must have a minimum number of points in each category. One category is not having regulatory barriers, one is funding and the City giving up property for affordable housing counts in the funding category. The more points awarded the higher the score for the City, it is advantageous to strive for the highest number of points possible.
Public comment for this item
No comments from attendees in chamber, none on Zoom.
Motion to council
Motion to introduce Bill No.1032-C.S. updating zoning code passed unanimously.
No items requested to be pulled from the consent calendar. Consent calendar approved unanimously.
Legislative Action Correspondence
No legislative action correspondence to report.
Councilmember Fernandez noted that council had sent a letter of support to the State for Senate Bill 58, would like to request that Council place a resolution on the next agenda, regarding decriminalization and depriortization of entheogenics. Response: Council is in agreement.
Councilmember Fernandez requesting review and/or report of emergency shelter plan as we are heading into fall and winter. Response: City Manager Slattery noted that this item is on list of items to report to council, and hope to present that to Council at the next meeting, or the first meeting in November.
Councilmember Fernandez asked reach out to the school district for a 2x2 meeting. Response: Staff is currently working on scheduling this.
Councilmember Bauer would like to explore public financing of campaigns. Noted that a number of cities have done this and curious if this has been explored. Asked if there is a contribution cap. Asked if there is a mechanism to provide funding to regular citizens who reach a requirement of getting a certain number of signatures. Response: Clarification from Assistant City Manager Powell that we do have a cap of $500 per individual per year for contributions. City Manager Slattery asked if Coucilmember Bauer meant using City funds to support certain qualifying candidates. City Attorney Luna will do some research, and will report back to Council.
Councilmember Bauer asked if the City would have a designated Sustainability Coordinator, considering the climate action plan and some of the discussions surrounding it, as well as a lot of other things that the City does. Saw that there was grant funding for a position specifically dedicated to implementing the climate action plan. Response: City Manager Slattery noted that when discussed Climate Action Plan, noted that this was something that the City is working on with the Humboldt County Association of Governments (HCAOG). HCAOG is looking into funding for more of a regional Sustainability Coordinator. City Manager Slattery also knows that the County is hiring a consultant to serve as a coordinator for the County. City Manager Slattery thinks that there will be a lot of happenings in the next month or two. Will do what Council would like to do, but want to make aware of items that are currently pending.
Councilmember Castellano, related to climate action plan, could like to have a committee working more deeply on Climate Action Plan to engage with community meetings, bring back to council. Response: City Manager noted that there is a scheduled meeting with a couple of County of Humboldt Board Supervisors to discuss some of the topics that have come up with regards to the Climate Action Plan topics, if Council would like, Council can designate two members to participate in those meetings. Councilmembers Castellano and Bauer are interested in joining. Meeting is happening quickly, staff will reach out shortly with details.
Update on project that City has been working on for over two years; the Hilfiker site that the City has been working in partnership with the Betty Kwan Chinn foundation for transitional housing. Went through zoning change for property on Hilfiker drive; adjacent to fire training facilities, that process took over a year. Sought encampment funding from Governor Newsome. Initial project included use of PG&E trailers to convert to housing units. Trailers caught fire, and are no longer usable. Sought funding; received $1.6 million in funding, $1.2 million is to go toward new units for housing. Went to competitive process. 38 units of housing and two units of common space will be delivered the week of October 16th. Public Works Director Gerving will be organizing a volunteer workday with local contractors and other volunteers. Will be working in partnership with Mercer-Fraser, and the construction technology program at College of the Redwoods. Volunteer build day will likely be Saturday, October 21st to assemble units. City Manager Slattery will be bringing back agreement with Betty Kwan Chinn for operation of facility.
Council Reports/City Related Travel Reports
Councilmember Castellano attended the Eureka Main Street meeting, would like to welcome the new board members and say thank you to the outgoing members; traveled to League of Cities Conference in Sacramento, elected as president of Redwood Empire division of League of Cities; continuing to hold housing meetings Mondays at 11:00; attended Humboldt Community Services District 2x2; attended the Humboldt Bay Fire meeting; is part of Livewell Humboldt; attended celebration of life for Richard Evans who contributed to arts and community locally and around California.
Councilmember Contreras-DeLoach attended League of Cities conference, there attended the Women’s Caucus meeting, attended meetings and presentations regarding finance and economics, specifically Adapting Main Street for a Changing Retail Landscape, and California Economic Forecast. Saw Bosscubes. Was Able to attend Annual Native American Day at Capitol. Got to speak at the Woman’s Club for National Day of Service; met with Marisa Formosa from Planned Parenthood, hoping to expand services into mental health, bill being considered to allow to provide referral for patients; got to do Pathway to Payday. participating in week without driving, or far less driving. Is a good reminder that it can be tricky to get around; would like to remind folks that Monday, October 9th is Indigenous People’s Day.
Councilmember Fernandez has been recuperating from injury in last few weeks. Currently participating in week without driving as best as able. Is more challenging than expected. Attended League of Cities in Sacramento, Workshops included building a culture of accountability and transparency with police department, building economically in challenging times, and how to solve big problems in small towns. Noted that there wasn't great consideration of rural and remote areas. Received anti-sexual harrassment training certificate. Had opportunity to attended Indigenous People's Day at Capital. Had discussion with local housing authority about their repositioning plan. Was not previously aware of how their current housing stock has aged. Going for grants to try to modernize and add about 150 additional units. Curious if that would add to the City's housing stock. Took opportunity to visit visiting cruise ships. Would hope that travelers would like to come into community. Attended round-table hosted by Decriminalize Nature. Attended Mental Health Town Hall on Children's Mental Health, someone from Eureka City Schools also attended and shared what they were working on, and the ideas that Two Feathers shared as well. Would like to work with city schools more collaboratively to put those programs together.
Councilmember Moulton attended recent Joint Powers Authority (JPA) joint meeting between City and Humboldt Fire District. It was very interesting; the agreement has been in place for 7 years, and reviewing existing agreement to keep organization healthy and productive. Have been working with constituents in the Second Ward about concerns regarding California Highway Patrol buying the Jacobs campus; working with people from the Ward to bring their concerns as the purchase is getting closer to finalization, will work to bring the concerns of the residents of the area as a major change is about to happen in the area. Was not able to attend League of Cities, but did meet international travelers at shop in Old Town. Had been reminded that Eureka is on an international port, had met travelers who were sailing from Alaska and Canada. Looking forward to 2x2 meeting with Chamber of Commerce as well as Arts Alive, there will be a Zombie Walk.
Councilmember Bauer was reminded by Councilmember Moulton that he had met and 18 year-old recent high school graduate biking from British Columbia to Mexico City. Attended League of Cities conference, was sworn in to serve on Board of Directors to represent Redwood Empire Region. Held Town Hall for Fourth Ward and County Board of Supervisor Arroyo's District, had a good turnout. Attended Hammond Park Block Party, and attended Big Brothers Big Sisters Cooper Gulch Clean Up. Was surprised by how little trash collected in park. Met with Planned Parenthood, also attended JPA meeting. Also participating in Week Without Driving, noted that it can be difficult when a family member gets sick.
Mayor's notes extended
Forgot to mention earlier, Mayor Bergel is also participating in the Week Without Driving, noted that it has been difficult to get to locations in time.
Next Mental Health Town Hall will be Saturday, December 2nd, on substance use disorder.
Mayor Bergel also completed her ethics training.
Adjournment
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