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Regular City Council Meeting - December 19, 2023
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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
Nothing to report out of closed session.
Mayor Bergel presiding; Councilmember Castellano, Councilmember Moulton, Councilmember Fernandez, Councilmember Bauer, and Councilmember Contreras-DeLoach present in chambers.
A. Mayor’s Announcements - Watch
Mayor Bergel invited the Limited Edition, the vocal jazz ensemble from Eureka High School to sing. Limited Edition is raising funds for a field trip to Fullerton to compete in a jazz festival through caroling at the holidays and Singing Valentines in February.
Attended City of Eureka Employee Recognition Dinner, Mayor's Award went to Robert Williams from Uplift Eureka, who housed 91 people last year. The City Manager award went to Amanda Auston from the Sequoia Park Zoo, and City Council Award went to Housing Specialist Kristen Raymond.
Mayor Bergel went to a ribbon cutting, served refreshments at the Lighted Skywalk opening, attended the Salty Santa Boat Parade, attended a Zumba-thon, attended CAPE holiday party as an elf.
Awarded Chief Jarvis with token of appreciation for the work as Chief. Chief Jarvis expressed his thanks and gratitude to work with the team at City of Eureka and all of the Eureka Police Department employees.
Councilmember Moulton thanked Chief Jarvis for helping the City. Said that all of Eureka is trying to move forward, including Eureka Police Department, and Chief Jarvis has been a key part in helping to make that happen.
Councilmember Bauer enjoyed working with the Chief, expressed thanks for assistance in getting City through rough times with poise and proffessionalism. Said it was an honor to work with Chief Jarvis and see the force become what they are today.
Councilmember Castellano expressed thanks to Chief Jarvis, appreciates the Chief's ability to see possibility in the community.
Chief Jarvis said that he can go into retirement knowing that Eureka is in good hands with Chief Stephens.
Councilmember Contreras-DeLoach expressed thanks for the work that Chief Jarvis has done, enjoyed working with him in her time in office.
Seven people shared public comment. One commenter shared difficulties they experienced in trying to make arrangements for a group visit to the Zoo. One commenter asked Council for higher wages for police staff. One commenter shared their desire to do more in their volunteer role to assist in the ivy eradication effort at Sequoia Park. One commenter shared their experience attending an interfaith gathering with the Mayor and Councilmembers. One commenter spoke about the war in Palestine. One commenter spoke about decolonization and decarbonization. One commenter shared concerns about being able to travel to Eureka by bus from out of the area.
E.1 Eureka Police Department Equipment Ordinance
Bill No. 1033 Military Equipment Use Ordinance
Presented by Eureka Police Chief Jarvis
California AB 481 was signed into law in 2021 and went into effect in 2022. The law gave police departments a little over 5 months to publish a Military Equipment Ordinance. The matter was discussed at that time and since then, but through transitions in staff and offices, had not yet adopted the required ordinances. This was brought up by the [Community Oversight on Police Practices] COPP board. What is required is that the City Council create an Ordinance that approves the Police Department procedure and policy regarding how Military Equipment is used.
The term “military equipment” does not necessarily indicate equipment that has been used by the military, obtained from the military, or is even considered military grade. Items now deemed to be “military equipment” are widely and regularly used by law enforcement agencies all over the country for a variety of law enforcement related critical incidents and include, but are not limited to, unmanned aerial or ground vehicles (i.e. drones or bomb disposal robots), armored vehicles, command post vehicles, battering rams, pepper balls, impact munitions, tear gas, and commonly used long rifles (Cal. Gov. Code §7070).
What's commonly thought of with the phrase "military equipment" is heavily armed people and tanks rolling down streets, but the most common time one would see military equipment in the EPD jurisdiction would be if there was a critical incident that required the assistance of the regional Humboldt County SWAT team, which is lead and run by the Humboldt County Sheriff's Department. They maintain the equipment, and part of this ordinance is that if such items come into the EPD jurisdiction, that needs to be reported back to Council. Moving forward, the Chief will report back to council, including presenting an annual report of any time military equipment is used in the jurisdiction. The most common instance would be in the case of an active shooter or a known or believed to be armed barricaded subject, or officer down or hostage rescue. EPD did have items considered military equipment in place or close at hand during the Sara Bareilles concert in October of 2022, with assistance from the Humboldt County Sheriff and a neighboring county, in the case of a worst-case scenario of something major happening. EPD has provided a list of items owned by EPD or items that may come into the EPD jurisdiction.
Council Questions
Councilmember Bauer asked for clarification on what is meant by mention of a 'tracked armored vehicle'. Answer: There is a tool utilized by some police departments that is Bobcat sized, with armored plates. Has not seen that tool in this region. Tool can be raised to get to upper-story windows safely.
Councilmember Fernandez asked if the 30 notice in section 104.4 of Bill No. 1033 could be provided to Council in a shorter amount of time, such as 15 days or 10 days. Answer: That could depend on the type of event that was occurring. If it was an incident where the commander believed that they needed to use equipment that wasn't already approved, in a good-faith belief the equipment was needed, the report may be submitted sooner, but must happen within 30 days.
Councilmember Castellano asked if there are plans to acquire or purchase additional materials in the upcoming year. Answer: Not at this point, but may need to replenish some consumable items for existing equipment, and any items that were on loan from the United States Military has been returned.
Councilmember Castellano noted that some of the materials aren't lethal items, asked if their use is anticipated. Answer: those materials are classified as less than lethal munitions. The hope is that if it is necessary to deploy them, they are deployed in lieu of deadly force, as a force option in the force matrix.
Councilmember Castellano asked if it is known if the County has a policy similar to this policy. Answer: that is unknown, but the state law does require all jurisdictions to do so.
Public comment for this item
No public comment on this item.
Council Comments
Councilmember Bauer noted that when reviewing the military items, had a reaction that these items weren't needed in the community, then recalled an active shooter incident where law enforcement used an armored vehicle to stop the incident and apprehend the shooter. Would not want the City to own one due to the maintenance needs for that kind of equipment, but as a larger community it is now an unfortunate necessity.
Councilmember Moulton noted that at first glance of the ordinance was taken aback at the idea of militarizing the local police, but after further reading it became clear that this is a transparency tool, and that this is going to help keep public safety accountable to the public.
Motion to Council
Council moved to adopt the ordinance; motion passed unanimously.
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.
F.1 Approve City Council regular minutes of December 5, 2023
Minutes of Eureka City Council December 5, 2023
F.2. Da’ Yas Park Restroom Building Purchase
F.3. Bid No. 2022-13 Acceptance- Elk River Estuary Enhancement Project
F.4. Council Meeting Cancellation
Item F.5. Chief of Police At-Will Appointment requested to be pulled from the Consent Calendar.
Motion to Council
Council moved to moved to approve the Consent Calendar, minus item F. 5.; motion passed unanimously.
F.5. Chief of Police At-Will Appointment - Watch
City Manager Slattery appointed Chief Stephens. Chief Stephens has been a long-time member of the police force, has shown good leadership and has a lot of respect in the community. Believes that he has benefited from the presence of Chief Jarvis, and is a great fit for the community.
Chief Stephens thanked the Council and City Manager for confidence and support, shared appreciation for support and outreach from the community. Shared appreciation for the staff of EPD.
Council Questions
No questions for this item.
Public comment for this item
No public comment on this item.
Council Comments
Councilmember Fernandez asked for this item to be pulled from the Consent Calendar for further discussion. Had a meeting with Chief Stephens and was able to get his view of what public safety looks like in this community, felt that Chief Stephens has the deference and commitment to the community that would be a benefit to the community, citing his support of the Community Safety Engagement Team (CSET).
Councilmember Contreras-DeLoach appreciates Chief Stephens integrity and heart, grateful his is in this position.
Councilmember Bauer has been able to get to know Chief Stephens over the past few years, has great respect and confidence in Chief Stephens.
Councilmember Castellano thanked Chief Stephens for his years of dedication to the City; appreciates his care for the people in the community and the members of EPD.
Mayor Bergel shared appreciation for Chief Stephens, and their working relationship over the years.
Motion to Council
Council moved to moved to approve Consent Calendar item F. 5.; motion passed unanimously.
G. Legislative Action Correspondence - Watch
Councilmember Bauer requested Council send letter opposing Taxpayer Protection and Government Accountability Act, as requested by League of California Cities (CalCities); CalCities believes that this will greatly reduce the ability to generate revenue; and unanimously voted to oppose this item. Asks Council to support the opposition to this item. Council approved by consensus.
Councilmember Fernandez requesting Council to send a letter opposing County Measure A, formerly known as Humboldt Cannabis Reform Initiative, which goes to the voters on the March 2024 ballot. Requested by Humboldt County Growers Alliance (HCGA). Councilmember Fernandez is opposed in part due to the effort to amend the County General Plan, which could lead to circumventing the public process in the future.
Councilmember Bauer abstained from the discussion and decision due to the nature of his work.
Councilmember Castellano asked if this was time sensitive. Answer: City Manager Slattery shared that in discussions with HCGA, they need to get their ballot measure opposition language in before the end of January to be included on the ballot, and Council only has one meeting in January; according to HCGA it is time-sensitive.
Mayor Bergel invited HCGA Executive Director Natalynne DeLapp to answer Council questions. Answer: HCGA needs answers by the middle of January at the latest.
Councilmember Contreras-DeLoach does not have a good understanding of the issue.
City Attorney Luna suggested agendizing this item for the next Council meeting on January 16th, for further discussion. Council approved agendizing this item by consensus.
H. Ordinances & Resolutions - Watch
H.1. Myrtle Avenue Bike Lanes - Watch
Resolution Myrtle Avenue Parking Removal
Presented by City Engineer Willor
This consideration is a part of the Complete and Green Streets Policy, approved by Council at the beginning of 2023 (Watch - January 17, 2023 Regular Meeting, or see the agenda); there is a potential design that could impact a portion of parking on Myrtle Avenue, which would need to be approved by Council.
The section of Myrtle Avenue Improvement Project will be between 6th Street and Harrison Avenue, at the border of City Limits. Myrtle Avenue is high on the list of projects to maintain. When conducting repairs like these, also review the underlying utilities to perform any repairs at the same time. Will be replacing the water main between 6th Street and Harrison Avenue. When reviewing projects like this, also review the new Complete Streets policy. Myrtle Avenue is also an integral part of the Bike Plan. The City also received additional funding for bike improvements from the State Transportation Improvement Program (STIP), for items such as bike lane improvements and intersection improvements.
With the new Complete and Green Streets Policy, Public Works now evaluates projects to determine if and how elements of the policy could be incorporated into a given project.
Myrtle Avenue is a principal arterial, and one of the highest volume traffic local streets in the City. It is one of the main thoroughfares between Myrtletown and unincorporated Humboldt County and Eureka, and it also crosses three sloughs, First Slough or Cooper Gulch, Second Slough, which are both within City limits, and Third Slough, which is outside City limits. Myrtle Avenue is one of the only crossings of Second Slough until Buhne Street, and then Harris Street. The high volume of traffic plays a large role in the decision making process.
Engineer Willor presented findings from the City of Eureka Bike Plan, where respondents shared conditions that prevent them from bicycling to a desired location. The top concerns were high speed car traffic, bikeway separation from car traffic, and concern for personal safety. A buffered bike line, that is separated from traffic through striping on the pavement, is proposed for a section of Myrtle Avenue. Only Myrtle Avenue between West and Harrison Streets currently has parking available on the south side of the street.
The section of Myrtle Avenue between 6th and West Streets currently has wide enough vehicle lanes to allow for the creation of buffered bike lanes through restriping, and reducing some very wide lanes down to 10', giving each existing bike lane a 3' striped buffer lane.
The section of Myrtle Avenue between West and Harrison currently has bike lanes and one lane of parking with two travel lanes and a center turn lane. The proposal would remove the parking from the south side of the street and allow for bike lanes with a striped buffer. Anticipating this as a possibility, staff did conduct a traffic survey. Staff found that the occupancy rates were either low or zero occupancy during the survey times, conducted in the middle of October and the beginning of December. The low utilization of the parking on this section of road is what brought the redesign as an option to consider under the Complete and Green Streets Policy, but only as an option.
The Myrtle Avenue Improvement Project was approached with the Complete and Green Streets Policy framework. Generally, as the City advances bicycle planning the issue of available roadway width and bike facility design brings to light the need to evaluate compromises. There are rarely opportunities to add or enhance facilities without modifying or eliminating an existing one. The question to Council is if there is a desire to maintain the current configuration for parking, vehicle travel and bike lanes, or is there a desire to remove parking and add buffered bike lanes in the section of Myrtle between West Street and Harrison Avenue.
Council Questions
Councilmember Castellano asked if there were any parking surveys done at night, when most residents would be home. Answer: The latest survey began at 6pm, some done during the day. Total number of parking spots is about 84.
Councilmember Castellano asked if there was any analysis of removing the center turn lane, to use the space from that center turn lane to be able to maintain parking and also expand the bike lanes. Answer: The two-way left turn lane on this section of street is critical for the roadway to function properly with the volume of traffic that uses the road. Eliminating that would cause backups at streets entering Myrtle Avenue. Removing the turn lane could increase the number of collisions; and limit the functionality of the street.
Councilmember Bauer asked if there was space on Myrtle Avenue at the intersection of West Street to add a buffered bike lane. Answer: Staff is working with a consultant on that specific intersection. That intersection is one of the most challenging intersection. There have been preliminary studies to see what measures could be taken to make that intersection better. What design firms typically look at in these instances would be how to better designate how cyclists would cross the path of cars in order for the cyclist to make the desired turn. The challenge of the intersection is providing the signage and striping to get cyclists where they need to go safely. Right now, none of that is in place, and would be a big improvement for that intersection.
Councilmember Bauer asked if changing the bike lane plan would affect any funding. Answer: The way that these funds were applied for did not include a design nor specifications of what striping was going where; did include a general description of increased improvements for bicycles and pedestrians.
Councilmember Bauer asked if there is a way to designate 13th Street to East Avenue as a way of getting cyclists from West to the eastern portion of Myrtle Avenue to avoid the intersection, or if that has been explored. Answer: Can look at designating lower volume streets as bicycle boulevards, and currently looking for feedback on the Bike Plan, to get the perspective from people in the community to help identify what routes would work the best for alternate bicycle routes.
Councilmember Fernandez is supportive of the idea of designating alternate bicycle routes to circumvent busy intersections, but does not want to remove parking from a predominantly residential area. Answer: Speaking about 13th Street to East Avenue, that does provide a short distance to get around the intersection, and will be looking for other possibilities in the Bike Plan. Crossing traffic lanes would be more difficult. The signalized intersection could be more laid out for moving bicylces through it. If Council does not choose to move ahead with buffering the bike lanes throughout this section, would still be looking to improvements to that intersection to try to make it more navigateable by cyclists.
Councilmember Fernandez asked if Council would need to amend the resolution to make sure these alternatives were considered.Answer: The resolution is only for removing the parking, if Council does not want to pass that resolution, the rest of the project would move forward. City Manager Slattery clarified that the only reason for the resolution is if Council would be eliminating parking, if a portion of the parking would be eliminated, the resolution would need to be amended. City Attorney Luna advised that how to handle the resolution would depend, and suggested taking public comment and comments from the Council before making amendments, and can make a reccomendation based on what Council would like to do.
Councilmember Castellano asked if there could be a bike path on the rear side of the Linc housing that's planned for the lot at the corner of Sunny and Myrtle. Answer: The lots neighboring the lot where the Linc housing will be are privately owned, asked if a bike trail would wrap around the housing and enter back to the roadway. Councilmember Castellano clarified that building on the hypothetical idea of using 13th Street to East Avenue, and a way of extending that protected bike area could be to create a bike path between Sunny and McFarlan on the back side of the housing, to keep people off Myrtle for longer. Answer: That is a much bigger project, there are private propety right of way issues involved, crossing Second Slough, where the actual slough channel is located. Mayor Bergel commented that she has been on bike trails like that in Sacramento, where they go behind a develpment, that was nice to be off of the main road.
Councilmember Bauer asked if the culvert crossings for Second and Third Slough, when considering sewer and water main work, considering drainage improvements, sea level rise, fish passage and the like.Answer: That is on a list. When it comes to replacing a large, tidally influence, fish bearing culvert, hoping to go after funding for Second Slough at some point, in order to look at improvements like that. There are some plans to do some additional sea level rise planning regarding this area in a little more detail. The current funds are specific to street maintenance and water and sewer enterprise funds for maintenance, and a small amount of funding specific to bike and pedestrian improvements.
Public comment for this item
11 people shared public comment, no one spoke in favor of removing parking. Seven people stated that they were residents of Myrtle Avenue and shared that they would have difficulty finding parking for themselves, having parking for service providers such as plumbers, or having parking for community or family gatherings. Commenters shared issues receiving notice about this when the matter first went to the Traffic Safety Commission. One commenter said that the only designated handicap parking was on the street, and the wheelchair user that resides on Myrtle would have an immediate and negative impact on their quality of life. One commenter asked if it would be possible to utilize sidewalks for bike traffic. One commenter was concerned with the communitcation of traffic disruption with public transit. One commenter was concerned with the size of the bike survey.
Council Comments
Councilmember Bauer thanked the people who shared comment here to voice opinion. Also clarified that the City Engineer is doing the bidding of the City Council, through the things like the Complete Streets Policy. It is not the City Engineer advocating for anything. The policy that was developed was to look to see where it makes sense to make the kinds of changes, to try to do. No one here has their minds made up, and this is a resolution advanced by a committee of citizens of Eureka. In this situation, it's more of a challenge to implement what Council would like to do, which is provide safe travel for all citizens. Doing that would make it hard for the residents of that street. After the discussion and comment, does not think that any of the existing parking could be removed. Can not support the resolution.
Councilmember Castellano appreciates this exercise of democracy. Council creates policy in preparing for the future, in preparing for reducing the carbon footprint and building community, and we apply that policy. Appreciates staff interpreting the policy created by Council and bringing it back to Council to determine how to implement in the real world. Does agree with Councilmember Bauer, and appreciates the people who live in this community. It is a hard place to live and to have a sense of community, with the high amount of traffic in the neighborhood. Would like to slow traffic as a way to make bicylcists feel safer. Thinks that exploration of alternatives would be helpful in this area.
Councilmember Contreras-DeLoach would like to see some other traffic calming measures taken to help make traffic slower, but preserve the street parking.
Councilmember Fernandez believes that alternatives are needed in this location, could be some other kinds of delineators for the bike lanes, does not support the removal of parking.
City Engineer Willor can take measures to highlight bike lanes between West and Harrison.
No Motion to council
Council did not take a motion on the resolution, the resolution died for lack of a motion.
I. Reports & Action Items - Watch
I.1. 2022-23 Budget Review - Watch
Attachment A - FY2022-23 Transfers Between Funds Current & Proposed Changes
Presented by Finance Director Millar
Review of 2022-2023 Budget. Typically, accounting staff is close enough to close the books at this time of year to report to Council. Accounts record the last of the entries from the end of the fiscal year in June to the end of September to record entries from the previous fiscal year. This year, staff is far enough ahead to be able to report what would be considered the actual numbers for Fiscal Year 2022-2023 (FY23).
The general fund recieved $42.4 million dollars in revenue in FY23. 79% came from taxes, 4% came from Franchises, Licenses, and Permits, less than 1% came from Fines and Penalties, about 10% came from Intergovernmental funds, generally in the form of grant monies. 6% came from Charges for Services, charges for services that departments provide to the public, and the remaining 1% are miscellaneous revenues.
The portion of the general fund that comes from taxes, 64% of the general fund revenue comes from Sales Tax, 8% comes from Transient Occupancy Tax (TOT) or bed tax, 7% comes from Property Tax, and less than 1% comes from Other Taxes, such as Business License tax.
Ended FY23 with about $700,000 more than what was in the mid-year budget. Part of that came from Zoo admissions and membership fees growing. There was a large varience in the Intergovernmental revenue, but that is a hard category to predict, as cannot always know when funds will be granted, and are typically reimbursements for funds already spent. It is not uncommon to incur the expense in a prior fiscal year, and then get the reimbursement in a following fiscal year. About $400,000 of the additional revenue from the intergovernmental category were from grants, and $160,000 came from the Humboldt Bay Fire JPA, as a reimbursement for a fire engine. The City will pay the bill, and then the JPA will reimburse the City. Franchises, licenses and permits were up, mostly from gas and electric franchises, and the rise in the cost of their rates. Tax revenue was about $500,000 less than what was expected. This is not uncommon in this category; based on the large amount of revenue, $500,000 is not a large varience compared to the $30 million budget. Property Taxes tend to not reduce, but also don't grow a lot. The past few years had a rise in value of property, which does translate into a rise in property tax revenue, but it does not make up a significant portion of the general fund revenue. The main contributors are consumption taxes, sales tax and TOTs, based on money spent in the community. These numbers correlate to the overall economy, and can tell us that local spending has slowed a bit. Overall, between the two most recent fiscal years, FY22 and FY23, the tax revenue is down just under $900,000, or about 2.5% decrease
General fund expenditures for FY23 were just under $41 million. 43% were for personnel costs, 2% for materials and supplies, 23% for outside services, such as outside consultants and PG&E bills for electricity, 2% for miscellaneous, 18% cost allocations, when one department may serve another depart, the costs of that are distributed through cost allocations. 2% for capital outlay, less than 1% for debt servicing, and 10% were transfers, funds transferring from the general fund to other funds, such as street projects, or subsidies to other funds.
Expenditures came in about $600,000 more than what was expected. The Capital Outlay category has the largest variance, and is somewhat misleading, due to changing the budget at mid-year, and then appropirated about $375,000 for the purchase of property on Sunny Avenue. This is a unique purchase, as typical purchases are consumed, and this property will be recorded as an asset. There were additional remodels and repairs and unanticipated expenses from grant projects that contributed to the varience.
A large driver in the increase in outside services category is the increase in PG&E services, that was about $130,000 more than what was anticipated, in addition to the fire engine payment. Personnel costs were under by about $300,000, across multiple departments.
The FY23 Revenues were over what was anticipated by about 1.7%, and expenditures were over by about 1.6%, which left the City with a small surplus of about $75,000.
FY23-24 has a balanced budget, though no longer running large surplusses. Reserves are healthy and within policy guidelines. Sales Tax revenues are down, and may be flat or be slightly down. In the future, there are union negotiations coming up; one agreement will expire at the end of 2023, and the other will expire at the end of the fiscal year. This will likely result in a cost increase to the general fund. The City is planning for a new Corp Yard, and a study identified $30 million plus in deferred maintenance, and CalPERS unfunded liability payments will indrease.
The Finance department is proposing an additional fund transfer for the Sky Walk Project, part of the Sky Walk was funded by the Eureka Lodging Alliance. They agreed to fund $600,000, over 10 years, in annual payments of $60,000. This fund transfer would bring the Sky Walk fund back to a positive cash position, and then the remaining payments from the Eureka Lodging Alliance would go to the general fund. The Finance Department is also proposing removing the Building Fund Subsidy, as that was completely funded from permit fees. The Finance Department is also recommending transferring fund from funding source funds to the street projects funds; and adjusting the Water and Waste Water Capital projects funds to reflect actual dollars spent.
Recommending Council approve the FY23 budget adjustments and appropriating $75,000 in the current year budget for the 2024 Participatory Budget Program.
Council Questions
Councilmember Bauer asked if the operating subsidies would go away, if those centers would generate enough revenue. Answer: Without making predictions, it appears that the Building fund has recovered really well, and should continue to balance the revenues to the expenses in that fund. The Harbor fund does not have a large gap, and could be eliminated over time. City Manager Slattery added that the subsidy prior to this fiscal year was much more significant. In a study done previously, a lot of that gap was due to how staffing funds were allocated, and Director Millar made some changes, as a lot of the work that Harbor staff performs more general fund related, and that alleviated a lot of that subsidy, and going forward, that same study did show that the properties that the City owned were well below market rate. Raising the leases closer to market rate, that will help with the Harbor subsidy, similar to Building.
Councilmember Bauer asked if the Utility Assistance Program was still active. Answer: City Manager Slattery believes that those funds are exhausted, was part of 2023 Participatory Budgeting, and believe that the Utility Assistance componant was used more than the Rental Assistance, and some funds from Rental Assistance was allocated to the Utilities Assistance. The balance of that is unknown, and another opportunity to continue that could be through the Participatory Budgeting.
Public comment for this item
One commenter asked about clarification for administrative fees and if there were any plans for lighting improvement.
Mayor Bergel recommended the commenter email City Clerk their questions, to be sent to staff for assistance.
Council Questions & Comments
Councilmember Castellano asked if the Sky Walk fund was being funded out of anticipation for further development of the Sky Walk. Answer: The fund transfer is to address the cash deficeit of about $480,000, rather than have to explain that to the auditors every year, address the deficeit now.
Councilmember Fernandez commented that he is glad to do participatory budgeting, asked why the amount of the program budget amount stays the same and has not increased. Answer: Director Millar used the amount from 2023, and Council can adjust the reccomendation. City Manager Slattery added that the amount can be changed, and said that while Director Millar has been able to make good predictions for this fiscal year, nothing is certain. If Council would like to add to the amount within reason that was recommended, there would have to be an amendment to the resolution.
Mayor Bergel asked if an increase to $100,000 is a reasonable increase. Answer: That would be a reasonable increase.
Councilmember Contreras-DeLoach asked for an explanation of the request for the increase.Answer: Councilmember Fernandez noted that the majority of last year's Participatory Budgeting program went to rental and utility assistanct; wanted to make sure that those could be funded again. City Manager Slattery confirmed that of the four projects funded last year, rental assistance, utility assistance, an intersection pedestrian crossing light, and painting an intersection, the assistance programs did use a majority of the funding, but that was based on the process. The participants won't be told that they need to do any specific projects, as determining what should be funded is a part of the process.
Councilmember Castellano asked if there were still people utilizing the Utility Assistance Program, or if the funds had been expended, and are there other opportunities that may be avialable for utility assistance. Answer: City Manager Slattery said that there will be an opportunity to fund that program with the Participatory Budgeting process, and that the process will more than likely be the same process as the previous year. There are no more funds remainging in the Utility Assistance fund, as that fund was supplemented from the Rental Assistance Program funds, the there may be small amount remaining, and future funds would depend of the decsions of the group. There is a hope to get good participation from community members from all wards for this year. The intent was to split the funding between each ward, and the participants from that ward would identify and fund a project within that ward. Last year there was not an equitable participation of community members, so the process was combined into an overall process. Staff will lean on Councilmembers to help get participation from the community members in their ward.
Councilmember Fernandez asked if participants received a gift card or stipend for participation. Answer: Participants did receive a stipend, but the funds for those stipends were not a part of the $75,000 budget.
Councilmember Contreras-DeLoach asked how long the Participatory Budgeting program has been going on, and what some of the previous projects have been, and about the background of the program. Answer: 2023 was the first year of the project, and was brought up during either Strategic Visioning or the budgeting process, and was modeled off of a much smaller version of what Arcata had done, as well as participatory budgeting programs from other communities, and developed the program with the help of a consultant. Plan on conducting the program with staff going forward. Arcata had done a program focusing on just the Valley West area with a budget of $15,000. Staff tried to do something similiar and split it up into wards, and the project morphed after that.
Councilmember Castellano clarified a previous question, if there were opportunities outside of the Participatory Budgeting program to fund something similar. For instance, Council could decide to fund Participatory Budgeting at the current amount, and choose to use $25,000 to fund Rental and Utility Assistance separately.Answer: the idea for this came up through COVID and being able to utilize American Rescue Plan Act (ARPA) funds for community assistance, and there may be funding sources similar to that. Permanent Local Housing Allocation (PLHA) funding that the City receives may be able to fund assistance programs outside of the Participatory Budgeting program.
Mayor Bergel shared that if she had a vote, she would prefer to keep Participatory Budgeting the same, and then try to figure out ways to fund assistance programs, due to the rising costs of all utilities. That would keep the funds in Participatory Budgeting available for whatever the community members want to do, without needing to feel like they have to fund a specific program.City Manager Slattery will verify with Housing Specialist Raymond about the status of the assistance funds, but a decision about using PLHA funds will not be able to happen before the Participatory Budgeting process is set to begin.
Councilmember Fernandez will be okay to keep the appropriation at the recommended amount if an assistance program could be created.City Attorney Luna advised that if Council would like to do that, that should be separately agendized. Staff would be able to look into that and bring it back to Council.
Motion to council
Council moved to approve staff recommendation. The motion passed unanimously.
I.2. Ambassador Program Report - Watch
Presented by Project Manager Davis
There are many different Community Ambassador Programs throughout the state and nation, the overall similarites between the programs are the focus on empowering community members to act as representatives, advocates and facilitators. Successful programs involve training, ongoing support, and clear communication channels, and those programs have been tailored to meet the needs of a particular community.
An example to look to is the San Francisco Community Ambassador Program, established in 2010 and designed as a community safety and engagement program, focusing on providing a clear, visible, non law-enforcement safety presence. It's been successful and expanded throughout the City of San Francisco. They provide a few different services for the community.
The Arcata Community Ambassador Program, implemented in 2022, with a focus on community safety and beautification. In speaking with Arcata staff, this program is run through the Arcata Police Department, and has evolved to focus on beautification and social services, and connecting community members to resources. A large takeaway from the discussions with Arcata staff members, is that it is key to have the right people serving as the ambassadors, and it's the ambassadors that make a successful program. The program was designed and implemented in Arcata utilizing ARPA funding, and now Arcata will need to secure other funding sources, which may include bringing a measure for the voters to decide on. The City of Eureka does not have this sort of program in its budget. Staff has developed a pilot program that would start with volunteers as pilot Ambassadors.
The City does have community volunteer positions available, learn more at EmpowerEureka.org. There is a current need for volunteers for the Emergency Weather Overnight Center, among others.
Staff is designing a pilot program, Old Town Stewards, to focus on Old Town and Downtown Eureka. This program is a collaboration between the Visitors Center, the Economic Development division, Eureka Main Street. The board of Eureka Main Street has expressed excitement around and support for this project, as well as Eureka Police Department. The Volunteer Patrol has shared a lot of their training materials. Community Services Department will assist in recruiting volunteers through the Empower Eureka website.
The Stewards would receive quite a bit of initial and ongoing training, orientations, learning the history of historic Old Town, meet businesses in Old Town and Downtown, and participate in Quarterly Concierge Meetings.
The main goals of the program are to support community members, support the business community, support and inform visitors, and provide an enriching experience for volunteers. What would make a program like this succeed will be the people serving in these volunteer roles.
Staff is looking to receive comments from Council as they develop program materials, which will allow for the securing of grant and other funding. The next steps would be recruiting volunteers and implementing programs in the community. This was brought up in Strategic Visioning, and beleives that this program will enhance and build community in Eureka.
Council Questions & Comments
Councilmember Fernandez asked if there were also discussions with the Chamber of Commerce or other business leaders, in addition to Eureka Main Street. Answer: At this point have not had discussion with Chamber, but that is an organization to reach out to as the program grows and develops. City Manager Slattery added that this is the first presentation of this program, and intend on bringing this to the Chamber of Commerce. Chamber of Commerce Director Olsen is aware of this program as a development.
Councilmember Fernandez noted that is program is in Old Town and Downtown, asked if there is any consideration for Henderson Center or other areas. Answer: As the program expands, will move into other areas. Currently, the Eureka Volunteer Patrol through the Eureka Police Department, has a smaller group of volunteers called "The Walkers" who are in the Henderson Center area now. Would work with that group to supplement their presence, would want to compliment and supplement what they are doing. The Walkers are active in both Henderson Center and Old Town Eureka.
Councilmember Contreras-DeLoach is very excited, saw a presentation from the City of Arcata on their ambassador program, presentation discussed Arcata's own hesitancy at the beginning of their project, and highlighted how well received the program was from community members and visitors, and the reduction of calls to police for minor items. Wanted to have the same program from that moment, and appreciates the work of staff in putting this vision together.
Councilmember Castellano asked about the San Francisco program, and if they were able to use workforce-development funding by hiring people impacted by the justice system, asked if that was the case, and if that could be a good funding source and workforce-development opportunity. Answer: Staff is not familiar with that program, and that may be different from their ambassador program, but staff can research to see if that would be a viable funding source.
Councilmember Fernandez asked for more details about the training that volunteers would receive. Answer: have received training materials from both the City of Arcata ambassador program, as well as the Eureka Police Department Volunteer Patrol, and staff is compiling those trainings, and filling in the gaps to meet the needs of where the volunteers are serving. The training will be highlighting the uniqueness of Eureka and Old Town. These volunteers would be informed about the services and the business that are here today, but also the history of the area, so that they can share that information with visitors and community members. They will be trained on a variety of things, and will be left open to ambassadors and what their strong suits would be, and empower those individuals. City Manager Slattery added that part of the training will be who to call in those different situations, want to make sure of the safety of the volunteers. Not having expectations for volunteers, as not every volunteer will be interested in the beautification component, and may be more interested in the social services or docent componants. Will make sure that volunteers will have access to the Old Town and Waterfront Trail maintenance workers, both positions which were allocated by Council over the last couple of years, as well as access to CSET and Uplift and those resources for programming.
Councilmember Fernandez noted that in addition to what the program has laid out, could also supplement Eureka Police Department, which has already been noted as being currently understaffed.
Mayor Bergel shared appreciation for the work that Project Manager Davis has done in creating programs in the community.
J. Future Agenda Items - Watch
Councilmember Castellano asked for utility and rental assistance programs to be agendized. Consensus reached.
Motion to Extend Meeting
Motion to extend meeting to 10:00 pm. Motion passed unanimously.
K. City Manager Reports - Watch
K.1. Strategic Visioning: 90-Day Milestones - Watch
Consultant Berké Brown shared 90 day milestones from the most recent Strategic Visioning Session
The purpose of the sessions are to align city leadership and department heads for future growth, with an emphasis on collatboration and a collaborative process, and defining the strategic vision.
Came up with the top priorities, effective governance, economic development, quality of life, and community pride, and created initiatives to support those top priorties.
Effective Governance and Communication completed tasks that came out of Strategic Visioning includes creating a list of potential organizers, having a round-up meeting with interested organizations, plan a Summer Employee Picnic, identify future program componants, set date for annual de-escalation training, explore opportunities for funding wellness, and initiative proposals. Tasks in progress include working with council to set dates and logistical support, presentation to Council on current PR efforts. Pending tasks include negotiations orientation, pesent labor market data, identify tribal governance trainings, and establish a tenantive schedule.
Economic Development completed tasks include negotiate with business owners regarding game plan for dumpsters, Homekey Grant applications, draft Land Use Plan on website, and submit completed Local Coastal Plan application to Coastal Commission. In progress tasks include report on Dumpster program, approve ADU financing program, meeting with internal stakeholders for the lighting plan for Old Town, and updates on Coastal Commission and zoning. Pending tasks include ADU financing program, and the lighting plan for Old Town.
Quality of Life completed tasks includw Corp Yard conceptual designs, developing alternate procurement methods, retention bonus/longevity pay program development, analyze fiscal impacts of increased costs, examine legality of public and private safe use sites, adopt a bike program, update map of existing facilites, gather examples of emergency operations plans, implement one pilot in-street community garden, examine examples of ambassador programs. In progress tasks include survey staff of potential options, update map of existing facilities, outrach for candidate for in-street garden pilot. Pending tasks include reporting of safe use sites to Council. Limitations on expanding the capacity of Semper Virons, limitations include that the building is too old, renovations costs exceed cost of a new hospital, psychiatric unit license cap, is limited to 16 beds per license, adding beds is prohibited and would require a separate unit and license, and new construction is cost prohibited. Adjustments to this initiative are the building of a triage center, expanding crisis response team, creating a community health department, training in fentanyl response, and increasing the availability and training in the use of Narcan.
Community Pride completed tasks include incorporating gather/generate fund into FY23-24 budget, present and adopt the budget, provide street tree guidelines to California. Tasks in progress include department and other organization review, develop geographic units, develop survey. Pending tasks include researching applicable regulations, draft updates for review, internal review of study.
Keeping momentum in this process will look like continuing with quarterly meetings, continuing to develop and achieve overarching objective, persist in implementation, and measure progress and course correct.
Council Comments
Councilmember Castellano asked Consultant Brown to get a copy of what was sharedto be published. City Manager Slattery said that there was a detailed spreadsheet shared with Council, and will make the items from Strategic Visioning available.
M. Council Reports & City Related Travel Reports - Watch
Councilmember Castellano attended Humboldt Transit Authority meeting, attended the Employee Recognition dinner, met with regional tourism planners, attended Eureka Main Street, attended California Nonprofit Symposium, met with local Coast Guard about concerns regarding Coast Guard members experiencing aggressions based on race, perceptions of difference and want to let folks know that this isn't the first time heard of these things happening in the community and take them seriously, and there will be continued action working on that.
Councilmember Moulton attended Employee Recognition dinner and noted it was impressive to see the majority of staff in one big room and to see the department heads recognize their employees. Missed Humboldt Bay Fire JPA meeting, was able to watch it and was good to see FD getting more staff and advancing staff. Attended Chamber of Commerce 2x2, discussed lots of things issues can seem black and white, and can find nuances when discussing. Will be hosting Town Hall regarding what the residents of Ward 2 would like to see at the Jacobs campus, now that it has changed hands. There was a survey that was conducted years ago. More information about that Town Hall will be coming out.
Councilmember Fernandez was able to connect members of Humboldt Palestine with Congressman Huffman back in November, was also unable to attend the JPA meeting. Also attended Employee Recognition dinner and is appreciative of staff and their service. REDEC not meeting this month due to the holidays. Appointed to a one year term on the California League of Cities, Governance Transparency Labor Relations committee.
Councilmember Bauer also attended Employee Recognition dinner and appreciated dedication to public service, was able to attend JPA meeting, saw EPD doing Cram the Cruiser food drive, collected 1300 pounds of food.
Councilmember Contreras-DeLoach attended Chamber 2x2, attended START board meeting, for children 6-18 asssisting with wrap-around services, attended Employee Recognition dinner, will receive 12th grade civics class taking a field trip to City Hall, attended School Board meeting, was appointed to the Revenue and Taxation Committee with CalCities, and joined nonpartisan group for Latina and Latino elected leaders.
Mayor Bergel shared that Assistant City Manager Powell celebrated 30 years at the City of Eureka at the Employee Recognition dinner.
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Agenda Summary - Regular City Council Meeting - December 19, 2023
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View the Agenda - Mayor & City Council Contact and Information
A. Mayor's Announcements
E. Public Hearings
E.1 Eureka Police Department Equipment Ordinance
Bill No. 1033 Military Equipment Use Ordinance
F. 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.
F.1 Approve City Council regular minutes of December 5, 2023
Minutes of Eureka City Council December 5, 2023
F.2. Da’ Yas Park Restroom Building Purchase
F.3. Bid No. 2022-13 Acceptance- Elk River Estuary Enhancement Project
F.4. Council Meeting Cancellation
F.5. Chief of Police At-Will Appointment
H. Ordinances/Resolutions
H.1. Myrtle Avenue Bike Lanes
Resolution Myrtle Avenue Parking Removal
I. Reports/Action Items
I.1. 2022-23 Budget Review
Attachment A - FY2022-23 Transfers Between Funds Current & Proposed Changes
I.2. Ambassador Program Report
J. Future Agenda Items
K. City Manager Reports
K.1. Strategic Visioning: 90-Day Milestones
M. Council Reports/City Related Travel Reports
Adjournment
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Regular City Council Meeting - December 5, 2023
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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.
Announced that item H.1. Ceasefire Resolution was pulled from the agenda, and will not be discussed or acted upon.
Alice Birney First Grade Artwork
Principal Kristin Sobilo and teacher Kathy Warren with students Lindsay, Eduardo, Eva and Tevan. Mayor Bergel presented pins, thanked students for sharing artwork.
Presented by Program Coordinator Merrell and Homeless Services Coordinator Wood
Community Access Project for Eureka (CAPE) is a program within the Economic Development Department of the City. CAPE's mission is to provide access to quality of life programs and opportunities for all members of our community regardless of their living situation or income. CAPE has quality of life programs for youth and adults, employment programs, and the UPLIFT Eureka program, which directly supports community members experiencing homelessness.
CAPE has a variety of holiday programs for community members who are low-income or underprivileged. CAPE partners with local agencies and shelters to help lighten burden or stress that the holidays can bring.
One program is the Halloween Costume Drive. CAPE calls on community members to donate new costumes or funds to purchase new costumes for children who might not otherwise be able to dress up for Halloween. Children are matched with costumes in CAPE's inventory. If CAPE does not have what a child requests, advertises for specific costume donations that the community has provided. 54 children received Halloween costumes this year.
Partner with Betty Kwan Chinn Homeless Foundation to provide holiday food baskets to families and individuals in the Housing Assistance Program. Baskets are delivered before Easter, Thanksgiving, and Christmas. Baskets include holiday goodies such as turkey or ham, stuffing mix, canned goods, and cake mix. CAPE expects to deliver a total of 60 baskets to program participants.
Winter Holiday Gift Program for low-income families and underprivileged youth, to help ease burden of particularly stressful time due to financial burden of holiday celebrations. Program benefits children who reside at the Eureka Rescue Mission Women's Shelter, the Serenity Inn, and children served by the Betty Kwan Chinn Homeless Foundation, and Arcata House Partnership. City of Eureka staff are invited to "adopt" participating children buying gifts that they need and want. Expect to serve 35 children this year. Program is supported by grant award from PG&E's "Better Together Giving Program," which made the Winter Holiday Celebration possible. Winter Holiday Gift Program will culminate with this party at the Wharfinger, with pizza, pie, photos with Santa, holiday crafts and short films, and gift opening.
Shop with a Cop event serves children who benefits from positive interactions with law enforcement and first responders. Children served by the Betty Kwan Chinn Homeless Foundation, Big Brother Big Sisters, the Boys and Girls Club, Wild Souls Ranch, and City of Rio Dell are invited to participate every December. Children have breakfast at the Wharfinger, and are buddied up with a volunteer from local first responder agencies, including Eureka Police Department, Humboldt Bay Fire, and the Humboldt County Sheriff's Office.
Participants then take an exciting ride to Target in emergency vehicles, with the sirens on, and each child is given $100 to go on a shopping spree with their buddy. Upon returning to the Wharfinger, participants and their buddy enjoy playing with their new toys, fostering a positive connection.
If community members are interested in supporting the CAPE holiday programs, donations of new Halloween costumes can be made to CAPE each October, and each December, winter coats and children's toy donations are collected for the Winter Gift Program. Call Coordinator Sierra Wood at 707-672-2253 for more information.
Mayor’s Reports
Mayor Bergel was able to attend parties for the Historical Society, as well as the Clarke Museum. The Museum has a quilt on display, depicting the Six Rivers tree that was at the White House. The Historical Society had a lot of great photos. Attended some ribbon cuttings, at Schlueter's Fine Art Gallery and Good Relations in their new locations on Second Street. Encourages everybody to shop locally this year. Was able to serve meals at St. Vincent de Paul for Thanksgiving, and ran the Turkey Trot. Also went on a ride-along with Eureka Police Department, and encouraged all Councilmembers to also do so, to really get to see the depth and the weight of the work that they do.
Held the fourth Community Town Hall on Substance Use Disorder. A video of the Town Hall is available to view. Shared that it was an incredible, respectful dialogue about something that's very difficult. Plan to continue having Town Halls in the new year, and encourage input from the community, to hear what members of the community would like to talk about.
Due to the number of speakers, after the initial public comment time allotment was met, comment was continued to the end of the meeting to allow for all who wish to speak to Council to do so. All of the comments are summarized together here.
First Public Comment Period - Second Public Comment Period
33 people shared comments with City Council. 15 people spoke asked Council to adopt the previously presented resolution calling for ceasefire in Palestine. Three people spoke against the adoption of a ceasefire resolution. 8 people asked for Council to place the housing initiative on the March ballot. Three commenters spoke against those attacking leadership, and called for peace, sought dialogue. One commenter asked for a survey. [Note: Members of the public may submit public records requests online, or at the front desk of City Hall during regular business hours.] One commenter shared that they don't like the traffic calming measure of street bulb-outs. One commenter asked about accessory dwelling unit financing, was advised to reach out to the Finance Director.
Item F.2 requested to be pulled from the Consent Calendar for discussion
Highland Park Renovation Project Award
City Manager Slattery shared that this project is near and dear to his heart. Since began working for the City, this park has been on his radar. This area has the highest percentage of K-12 children in the area, and because of funding issues over the many decades, it has lots of deferred maintenance. Have had issues over the years securing funding for revitalization of this park due to the proximity to Fort Humboldt, which is considered a park, which means that area is not considered park deficient. Worked hard to get naming rights funding, small non-competitive funding, as well as an allocation from the Facilities fund which have more recently been able to fund and have budgeting for.
This project went out to bid in early November, closed on November 28th, and asking that Council award the bid. The project will include a complete resurfacing of the tennis courts, which are the only full four sets of tennis courts that are allowed for public play in all of Humboldt County. Included in the resurfacing will be re-striping for the tennis courts and also eight pickleball courts. Will also be resurfacing and repaving all of the trails that go through the park, including an ADA-accessible trail from Highland up to the new restroom and concession stand. The existing restroom and concession stand will be replaced by a brand new one, that will be fully ADA compliant, and make it so there can be a restroom for people there in the park.
Staff is recommending awarding this to Hooven and Company.
Public Comment
Commenter asked if the contractor was local.
Mayor Bergel was able to confirm that it is a local contractor.
Motion to Council
Council moved to award staff recommendation, motion passed unanimously
Motion to Council
Consent Calendar passed unanimously.
Eddy Alexander Marketing Report - Watch
Eddy Alexander presentation by Eddy Alexander President Jennifer Eddy
Eddy Alexander (EA) has been working with the City for about four and a half years, in that time the marketing team has been able to lay the groundwork and then build up the marketing strategy for the City, called Visit Eureka. The last six months has been particularly rewarding for the team, able to work on initiatives to engage in the community.
When EA was first hired by the City, there were three goals laid out in the RFP [Request for Proposal]: City-centric branding to help the City develop a distinct city-based brand that stands out in the region, tourism marketing, to increase visitation and spending at restaurants, lodging and entertainment withing City limits, and quality of life promotion, to the local residents and community members.
In the first year EA started with a listening tour, conducted a survey and lots of interviews and focus groups with different community leaders and the public to get a sense of how the community wanted to be positioned in the world, and how they wanted to present the City to visitors and tourists. That initiative took about a year, and resulted in the new City branding.
Second initiative was tourism and marketing, and has been underway for about three and a half years. Is continuing to provide metrics, finding that visitors are increasing their length of stay.
Over last year and half have been focusing on quality of life activities. EA has partnered with different groups that put on events in the community to shine a spotlight on what is positive and successful here in the community, what makes this place to special.
EA does an annual analysis of cell phone data in the region. EA can view aggregate geo-location data to see where visitors are coming from, to understand the demographics that are bringing them here, understand what they do when they're here, and use that information to target the limited marketing budget effectively.
EA is reporting on information from 2022, as is available about a year after the fact. Beginning to see a spread in visitors by age, believe partly due to the Redwood Skywalk, and also due to an increase of all ages and family friendly assets. The trends are consistent over time, but starting to see some leveling. Starting to see an increase in share of visitors with no high school education, and a dip in share of visitors with bachelor or higher degrees. May be attributed to the nationwide trend of fewer people seeking higher degrees or collage. Continuing to see steady numbers when looking at breakdowns of visitors by household income. Eureka has been a place that welcomes a variety of visitors. On average, the household demographics tend to be lower than the national average, which may make tourism more susceptible to dips in the economy. EA also reviews visitor by ethnic affiliation, and has seen a very small shift of an increase in the share of Hispanic visitors and decrease in the share of white visitors. Overall the trends have been consistent in the past four years. Trip duration has increased from an average of 2.25 days in 2019 to 2.96 days in 2022, which is a dramatic increase, and does have an impact in the community.
The feeder markets from the West Coast have stayed consistent over the past four year with an increase in visitors from the Oregon and Washington, but have seen a dramatic decrease in visitors from the East Coast. Some of the East Coast traffic may actually have been European traffic making their way through East Coast ports of entry. Expect to see an increase in visitors from Europe as international markets pick up. Do see a lot of consistency in the visitation by city, as most of the visitors are driving from the same places, have an established reputation. Are seeing an increase in airline traffic, which does mean starting to diversify, and bringing in higher income travelers. Use data from who is traveling from what zip codes to determine where to make ad purchases, now starting to purchase in zip codes adjacent to the top feeder zip codes.
The hotel industry is seeing an increase in revenue, mostly driven by higher average daily rates. Occupancy has gone down over time, has not yet fully recovered since the pandemic.
National study that asked what impediments to travel are had the most reported reasons being finance-related, which would have an impact when a greater number of visitors are lower income.
All of this information is used to place ads and make decisions about what kind of content to develop, and use to decide what to invest in to have the most economic benefit for the resources. Have been running digital ads in the feeder markets, and running different ads to see which are more effective. Have been running ads promoting events in addition to ads talking about the outdoor recreation, history and architecture, and arts and culture. For first time this past quarter, some of the events ads performed better than the larger awareness ads that were running. Working with local photographers over that past year to get photos of the local community events.
Getting about 400,000 impressions monthly, and about 23,000 clicks to the Visit Eureka website. Continuing to drive average cost per click down, to manage the costs.
Some of the community events that EA has promoted this year include Humboldt Marble Weekend, Hearts by the Sea, 4th of July, Forest Moon Festival, Kinetic Sculpture race, Street Art Festival, Kite Festival, Cannifest, Cruiz'n Eureka, Redwood Coast Music Festival, The Craftsman Veteran's Day event, and Waitress: The Musical red carpet event at Broadway Theater.
Have new brochures for distribution highlighting different aspects of the area: Cultural Arts District, Music & Festivals, Historic Architecture, History, Family Activities, Outdoor Adventures, Cannabis Experience, and Dog-Friendly. Will be distributed to the Eureka Visitor's Center and other locations in the area.
Have been updating the Visit Eureka webpage. There is a visual refresh, but the biggest update is on the back end, and correlates to what the Visitor's Center staff can do on the ground. Can create an itinerary on the website, create an itinerary in person at the Visitor's Center. Pulling information from the Google business listing, to allow for more access for businesses. New website will have more areas for search engine optimization. More features for seasonal customization. Information request forms updated. Streamlined footer with faster access to contact information and location details.
The events pages pull from Facebook Events and Google Events, with human review to spend time managing risk rather than finding content. Partnering with the Chamber of Commerce to help businesses take full advantage. Google Places populate in a similar way, auto-populate from the listings with pins and photos. Visitors can create an itinerary with a map and email to themselves or print out in person at the Visitor's Center, and create off-the-shelf itineraries.
In the past six months, the Redwood Skywalk was voted the Best Aerial Adventure by USA Today readers, has gotten extra media attention and more traffic at the website and gate. Zoo and Skywalk received recognition at the Association of Zoos & Aquariums (AZA) conference this year, alongside the Monterey Bay Aquarium and the San Diego Zoo.
Since February of 2023, have had 64 media placements and approximately 25.1 million views. This included 6 Visit California partnership placements. Have hosted 3 influencer visits.
Have rolled out a new seasonal newsletter. Launched in the fall, aim to be a preview for the season to come, and publish quarterly.
EA staff hosting Visit Eureka booth at Visit California showcase, was a very successful event for media outreach. Opportunity to share Eureka's story.
In addition to the AZA awards, the Eureka Promotional Video won awards from Vega Digital Award and two from Summit International Creative Award.
Submitted application to make the Visitor's Center an official Visit California Welcome Center. Becoming a Visit California Welcome Center means support and promotion from Visit California. Expect to hear back by the new year.
Council Questions & Comments
Councilmember Castellano noted that the changes in visitors in the last four years, and that the numbers seemed to be relatively constant over the last four years. Answer: There's been an increase in the tax revenue because of the increase in the rate of what people are paying for overnight visitation, and those four years are more like two years due to how the pandemic hit. In the first year EA was building the brand locally, and then started to advertise as the pandemic was beginning, and in the last year and a half starting to see an increase, then the economic downturn is affecting tourism across the country. All of those factors together level everything out, but also know that the levers that want to move are moving, people are staying longer.
Councilmember Castellano asked if there are trends seeing at the national level that seeing in Eureka. Answer: Seeing that travelers are becoming more sophisticated in how they search and plan their vacations, and very excited for the new aspects on the website. A lot of states used their ARPA (American Rescue Plan Act) funds for tourism funding, which makes the market more expensive than it was pre-pandemic. Eureka is well differentiated, and getting very good value for the ad placement, getting about half of the cost of the industry average per click through to website. Also some algorithm changes that makes it more complicated to place the ads.
Public comment for this item
A commenter shared strong feelings about the historic treatment of Black, Indigenous, and people of color and was skeptical about the use of advertising featuring marginalized people if there was not also support to the businesses and communities of color.
Council Questions & Comments
Councilmember Moulton thanked EA President Eddy for the presentation.
EA President Eddy asked to make a comment in response to the public comment, said that EA believes that tourism is really to support the local community, and the economic impact of it is to crate funds that then can be used to put towards services. It really should be an investment for the community. It can be feel cold as an economic exercise, but that economic exercise is really about the services. Hopes that over time EA has demonstrated and will demonstrate that this is really about supporting the community and the community's goals.
Councilmember Fernandez asked if EA has reached out to any local community groups representing people of color. Answer: Have done several times for various events and various levels of engagement back, will continue to do so. We want to hear those voices and we want to be participating. Said that if there are any suggestions from Council about other ways EA can be thinking about these things, are very open to that. There were businesses promoted specifically through an initiative with Black Humboldt, and through new website, also working with Cal Poly [Humboldt] and some of their diversity outreach groups to identify other groups that EA has not connected with yet. Hoping to do that, and a lot of the work that EA has done in the past couple of years is laying the foundation, now that these tools are in place, EA is in a position where they can start to engage the community more. There will always be more work to be done, but EA is aware of that as a goal and are working towards it, and want feedback if there are other things that EA needs to do that they aren't doing, or do faster, or prioritizing in a different way.
Councilmember Castellano commented that there is a Cultural Arts District working group that has been working for the last six months on governance for the Cultural Arts District, making specific requirements for cultural participation in the governance. These are people from the community, from different cultural organizations that are working together to really guide the cultural opportunities and the funding that will be distributed for different events and activities in the upcoming years related to cultural markers and monuments as well as events and and celebrations in the Cultural Arts District. It is not finalized yet, but there will be more opportunities for participation in that in the upcoming months.
Mayor Bergel shared appreciation for the work that EA is doing, has noticed a change in the last four years.
Councilmember Fernandez asked for an update on the participatory budget process. Response: Consensus reached.
To follow up with Councilmember Fernandez's request for an update on the participatory budgeting process, that will be coming to council in the second December meeting, to discuss the Fiscal Year 2022-2023 audit, and the budget, and a portion of that will relate to the participatory budgeting.
City Manager Slattery announced that Eureka Police Chief Jarvis will be retiring at the beginning of January. City Manager Slattery expressed his gratitude for what Chief Jarvis has done for the community. Came to the community during rough times, and his knowledge and experience helped get through the rough times. City Manager Slattery intends on recommending the appointment of Assistant Chief Stephens as the new Chief. Assistant Chief Stephens is dedicated and well thought of in the community, and look forward to working with him going forward.
Community Services was able to secure a grant, brought it before council a couple of months ago, for Grace Marton Memorial Park, which is a park that is funded through an estate. The grant is to build a playground at Sacco Amphitheater, adjacent to Halvorsen Park. The grant was leveraged with an application for a grant from Land and Water Conservation Fund grant, in the amount of $620,000. The City was informed yesterday that have been awarded that grant. This will allow for the park to happen, as well as the complete repaving of the trail through Halvorsen Park, and the addition of small community gardens, small bulb-out gardens along that trail, which was one of the wishes of Grace Marton. Her husband would sit down at Halvorsen Park and eat lunch, and always wanted to have some sort of garden aspect.
Presented by Economic Development Program Manager Asbury and Finance Director Lane Millar
Starting in 2019, the City adopted the Housing Element. In the Housing Element there are five different strategies for the creation of housing in Eureka. The second strategy is to encourage Accessory Dwelling Units (ADUs).
In addition to the Housing Element, the Economic Development Commission voted and added the creation of an ADU Financing Program to the Economic Development Strategic Plan, the plan that guides that commission and what the Economic Development Division works on.
In the Council's own Strategic Visioning process, the Council also identified the creation of an ADU Financing framework and initiating three projects as a 1 year target goal.
This meeting will discuss the framework and financing, as this is slowly being pieced together. More items will come before Council for voting as program and framework is built.
In Eureka there are 6,000 single family residential units, and all are zoned for accessory dwelling units. This is an opportunity to add a significant amount of housing to Eureka that won't drastically change the character of Eureka.
While promoting this since 2019, consistently hear two constraints from people who are interested in building ADUs: the first is that they feel overwhelmed by the process. It's a big deal for a homeowner to build an ADU if they aren't used to doing construction; it's daunting. The second is that homeowners are unable to get financing for the construction of an ADU.
The point of the Eureka Builds It! program is to help with the process; to help hold people's hand through the process and make them feel comfortable, and to do everything we can to help them through the process, and also to help with the construction financing portion.
Objectives of the program are the increase the number of ADUs build in Eureka by 25% within two years. In 2022 there were permits for 23 ADUs, would like to increase that by 6 units. Provide financial incentives for homeowners to build ADUs. Simplify the permitting process for ADU construction. Provide a current list of active design and construction professionals. To be eligible, applicant must be the property owner, must be in City limits, property must have sufficient space for an ADU, and must comply with local zoning laws.
Eureka Builds It will be a team effort between Planning and Building Departments as part of Development Services, the Finance Department, and the Economic Development Division. The Economic Development Division will act like the glue between the departments, similar to how the Cannabis and Crime Prevention Through Environmental Design (CPTED) programs work, where Economic Development holds people's hands through processes while they are moving between different departments.
The process for the applicant would begin with a review of the site and financial capacity, then to design and permitting, then to construction, then to permanent financing.
Phase 1 - Site Analysis & Financial Capacity - the Development Services staff will provide the applicant with every potential ADU development for their specific site, and the Finance department will complete a mortgage pre-approval to help determine financial capacity. Considerations for this include an option to use outside sources for pre-approvals, and needing a separate track for individuals with little or no financial capacity who are willing to provide subsidized housing options.
Phase 2 - Design and Permitting - this phase will work with Development Services and Engineering. Staff believes that the biggest part of the risk is in the construction process, and that the best way to go about this is to have a list of design professionals and contractors that staff has confidence in being able to perform the work. Staff would like to develop a formal Request for Qualifications Process to produce a pre-approved list of design professions. The process will come before Council. Professionals would submit their qualifications, they would be vetted according to the process, and at the end would like to have a list of architects, engineers, and contractors that staff has confidence in, and can give a list to applicants of who the City recommend using for this process. Phase 2 will be giving the list to applicant and helping them through the permitting process.
Phase 3 - Construction - Finance will do a second financial review prior to construction. This can run along with the bid process to find a contractor. Once construction begins Building staff will provide periodic inspections as the payouts are made. This phase ends when the Certificate of Occupancy is issued.
Phase 4 - Permanent Financing - Once construction is complete and the applicant has identified, staff will begin the refinancing process. Base on the Housing and Urban Development (HUD) income limits, the applicant may be eligible for low rate subsidies or principal forgiveness. Two considerations for this; the staff time will need to be added to the financing package. Believes that this will be minimal, but do need to consider the staff time that will be going into this program. The Finance Department will be identifying multiple financing sources, levels of subsidies, and options for applicants.
The Eureka Builds It! program has two functions, the technical assistance and the financing portion. The goal is to create development opportunities, through attached ADUs, detached ADUs, attached above a garage ADUs, and garage conversion ADUs. Eureka Builds It! wasnts to give everyone, no matter the income, the opportunity to potentially build one of these units. Believe that are able to find funding opportunities for every level of income that would see associated with RHNA [Regional Housing Needs Allocation] numbers.
The financing objectives are to provide these development opportunities to individuals who cannot obtain traditional financing, for people who can't get a line of credit or second mortgage from a bank. Will use a handful of different subsidies to find ways to make sure that whatever rent they charge matches their costs. The idea of the subsidies is to both allow someone who might not have the opportunity to build an ADU to have the ability to extend their property, or add value to their property. The subsidies should also result in more affordable housing options in the City of Eureka. Another objective is to maximize the amount of outside monies to put into this program, to minimize the risk the City would take as the entity that would carry the note through the construction period.
The City has some funding sources and is exploring some outside sources as well. The City is in the process of setting up the Housing Trust Fund. Every trust fund needs a program, and staff is hopeful that Eureka Builds It! will be the first program that the fund would provide monies to. The City was awarded PLHA [Permanent Local Housing Allocation] funds from the State, roughly half a million dollars. The City currently has about $600,000 in CDBG [Community Development Block Grant] monies, and can apply to CDBG to see if those funds can be utilized for Eureka Builds It. Will be looking at HOME and CalHome programs. In the future, might consider using some local funds if monies become available. With these combined funds, believe can easily get to $1 to $3 million dollars by the end of the next fiscal year. That will be an amount substantial enough to get the first few projects through the pipeline, but also getting to the 25% increase goal.
Financing tools available to the City are low interest rates, principal forgiveness, and a combinations of the two.
The next steps for this program are to bring the Request for Qualifications (RFQ) process to Council, and the Finance Department will identify multiple financing sources, levels of subsidies, and options for applicants. As the program is pieced together, will be coming to Council for those to be approved.
Other jurisdictions in the area and around the state are excited to see what Eureka does with this program, and this program could be used as a guide for implementing in other areas. The more that the project is discussed, the more that can be put out there and help other jurisdictions with housing. Other cities locally have access to the same pots of money, and are looking to Eureka to see how this program is developed.
Council Questions & Comments
Councilmember Castellano commented that they are very excited about this program, and shared that this program was one of the strategies that was developed in the City Council Strategic Visioning, partially because both at the state level and and the local level, ADUs have been identified as one of the capacities through which we can grow our housing stock, and accessible way of accomplishing infill development that almost anyone can do in their yard. One of the big obstacles has been funding those ADUs. Councilmember Castellano is appreciative of the work going in to solve that issue, and is really proud that the City is willing to step up and is looking at how to provide that initial layer of funding. A lot of times banks won't loan on ADU construction, and that becomes the obstacle to actually implementing the idea and getting more opportunities for housing in the community.
Councilmember Moulton asked about the step mentioned on identifying a tenant, and asked if someone could build an ADU and pay it off themselves. Answer: Director Millar answered that in some cases, if they are relying on rental income to pay the mortgage, they would have to identify a tenant. If they just want to build an ADU and are afraid to go through the process on their own, they are more than welcome. Staff believes that one of the best strategies about this program is that, it's not easy to build something like an ADU. It takes a lot of time and knowledge. The City departments, between Building, Planning, and Engineering, do have the skill set to help people not only find the right design, but also make sure that the unit is built to code, City engineers can help with utilities. The City staff does have the skill set to help make sure that the unit is build successfully, and if the City is going to use monies to pay the contractors, the City needs to make sure that it's done correctly, so that can ensure permanent financing at the end of this. It is available to anyone who wants to build an ADU. Program Manager Asbury also clarified that the tenant requirements will depend on what financing is used, for instance if the project is subsidized with a specific pot of money that requires the owner rents to a low-income family for 10 years and is a deed restriction, then that will need to be monitored, and the City will be involved in the tenant part. There will also be market-rate rents. Staff has met with a local lender that believe can partner with; after the construction happens the loan will then be rolled over to that lender, the City will be repaid, and can start the process again. It will depend a lot on the funds that are used for the specific project.
Councilmember Fernandez asked if there were restrictions in the program about using ADUs built through the program as short-term rentals. Answer: Any use of the subsidies will require a contract, like with any mortgage lender. The City does have experience in this regard, through the operation of the City's first time home-buyer program and rehab loans. These are not given out without the protection of that agreement. If someone is not following the rules, do have options to address that situation. In no way is the City encouraging these units to be used as short-term or vacation rentals. City Manager Slattery also shared that he is pretty sure that ADUs are not allowed to be used as short-term rentals. City Attorney Luna confirmed that new ADUs are not to be used as short-term rentals, at least not legally.
Councilmember Fernandez asked about rental limit amounts, and how to hold the mortgage holder to the limits set forth in any rent restrictions. Answer: Director Millar said that there's a monitoring process. The mortgage holder would have to provide receipts showing who their renter is, how they qualified for that rental unit. There will be an annual check-in to verify that they are abiding by the rules of that specific program.
Councilmember Bauer commented that is exciting, as it achieves one of the large goals that came out of Strategic Visioning. Is hopeful that this is successful and could be able to expand to something greater, this is exactly the kind of thing that can help advance the housing needs, and addresses a lot of the stumbling blocks that prevents people from doing this.
Council Reports/City Related Travel Reports - Watch
Councilmember Castellano reiterated Mayor Bergel's appreciation for all of the public comment, and stated the following:
[I want to] express the grief I feel. In some ways I accept people's, the anger I've heard and experienced tonight. In many ways, those of us on City Council are your closest symbols or expressions of the power that many of us feel lack of access to, in terms of being able to make real change in relationship to the injustices of the world, and how they echo in our communities. I made a decision in relationship to my own space I occupy in proximity or lack of proximity to the global power systems to focus on my own community here, because this is where I have the greatest access to change, and to embodying the world I want to experience. I want to respect that many people here who made comments tonight, whether in anger at me, or us, or one another, I consider people who, whether I've worked with you yet or will work with you in the future, to embody the community we want to see. Do I think we've figured that out? Clearly not, and I think that's what we're here to do, to exercise the ways that we want to see the world, and it's a struggle. And it should be, because we have great histories of injustices experienced by many people to reckon with, and we do so in ways that are immediate, and personal, and as learners, and I see myself here as a learner. I just want to say that I took this position, and I take positions not to say that I've figured it all out, or I'm somehow above everyone, and I don't take decisions we make here lightly, and I don't take the not deciding of things lightly, and I don't shy away from your anger. We feel it, I appreciate that underneath anger is passion and care. I also want to lift up and honor those things. It hasn't been brought up tonight, but I have great concern for the the environmental consequences of war, there's a lot of thinking and writing on those, and I do think that's something that should be lifted up more. With that being said, I welcome continued conversation. I just want to recognize also, as someone who works 50-60 hours a week some weeks, that I have not always been present to the degree for those conversations that I would like, and so I recognize that I can work harder, and we all can, to create spaces for those.
Councilmember Castellano also reported attending the CalCities League Leaders conference, discussed the legislative priorities for the year for CalCities, which is the organization the works on behalf of all cities at the state level, and proud to say that is the first time that CalCities has adopted climate change as a legislative priority, other legislative priories adopted are housing and homelessness, resources and funding for cities, and public safety including preventative measures related to public safety. Said it is always an honor to represent the City and represent the people of the community, and an honor to be here as people express their differences.
Councilmember Moulton had no travel to report.
Councilmember Fernandez stated the following:
Going off of what was just said moments ago, my understanding at least, for the pulling of the ceasefire resolution dealt with a lack or delay in our outreach to additional community groups. As there is a lack of understanding and education, there is an inherent divisiveness at least rife in this issue. I am not an expert in any way on the relationships between, well, anywhere in the middle east for that matter, and so I see this, and I agree that this is a local issue, as it affects the safety of our community members, particularly those of Arab or Jewish decent, those that are Muslim. If I say simply "liberate Palestine" or "never again," these actions alone are performative. I condemn the deplorable actions of Hamas and Benjamin Netanyahu, but going to what one of our speakers had said earlier, I welcome what is asked, to hold space for dialogue to bring our community together, together, and that's what I had intended with this original resolution.
Councilmember Bauer stated the following:
I'll start with, I also was at the CalCities meeting where I represent the, I'm on the Board of Directors for the 482 cities in the state. We had, I'll say this to what Councilmember Castellano talked about, you know where we're really focused on protecting local revenue because there's a big deficit looming, and it could mean challenges for our little city. We fought hard to include climate change in our four priorities for 2024, our legislative priorities, and homelessness was, every year, we're all dealing with it and that's the one thing I feel like ties into what's transpired tonight, what I recognize at that meeting, when you talk to the 47 council members that are there, whether it's Alameda, Oakland, Woodlake, a little tiny town or a big town, we all have the exact same issues. That's what those four priorities come about from, but it also comes about from, I actually had discussions about resolutions with other council members, and the consensus with them was is this space here, city council chambers, the proper venue and we had a really interesting discussion about that. Most of them, well, all of them, didn't feel like it was, our business is the workings of the city, dealing with homelessness, dealing with our antiquated sewer system, making our space livable, and helping people have the basic necessities. That's what the consensus was, and I believe that. I struggle with hearing individuals, my colleagues being called out because it's not fair, I don't believe this is the venue. I've called my Congressman, I've called the President's phone, I've done everything I can at the federal level to to try to see some change, because I'm antiwar, flat out. I just feel like from the hundred-something emails that I received, it is a divisive issue, and is this the forum for it? I don't think so. I think it's trying to make our city the best place, the safest place for our citizens. I appreciate what everyone's said on both sides, but we have, we're challenged every day with just trying to run a city. We're practically volunteers, and the attacks are unfair, they really are, to my colleagues, to all of us, that we're somehow uncaring. Nobody knows our background, I walked the streets of San Francisco with 100,000 people to protest the Iraqi wars, so you know, I just want people to be civil, and to understand that we may differ on what we think what is the appropriate space to be anti-war, but let's not attack others, let's try to understand that we're all human, and we're doing the best we can, and we're trying to figure it out, but I appreciate working with everyone up here, and I always will, and I hope that we can be more civil.
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Regular City Council Meeting - November 21, 2023
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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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Special City Council Meeting - November 21, 2023
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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
Ocean View Acquisition and Operations Complex Development CEQA
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
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
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.
