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Agenda Summary - Regular City Council Meeting - November 7th, 2023
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View the Agenda - Mayor & City Council Contact and Information
Land Acknowledgement
The land that Eureka rests on is known in the Wiyot language as Jaroujiji. Past actions by local, State and Federal governments removed the Wiyot and other indigenous peoples from the land and threatened to destroy their cultural practices. The City of Eureka acknowledge the Wiyot community, their elders both past and present, as well as future generations. This acknowledgement demonstrates the City's commitment to dismantle the ongoing legacies of settler colonialism.
Closed Session
Mayor's Announcements
Proclamation: National Hunger and Homelessness Awareness Week
Proclamation: Great American Smokeout
Presentations
PETA Presentation
Public Hearings
Ocean View Acquisition and Operations Complex Development CEQA
Recommendation to Council to continue to a special meeting of City Council on November 21, 2023, at 4:30 pm in the Council Chambers.
Consent Calendar
Consent Calendar items are items that are considered to be routine, and will be enacted in one motion. If someone would like an item on the Consent Calendar pulled and discussed separately, a request must be made to a Councilmember before the meeting. If no requests are made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.
Council Minutes
Recommend Council approve City Council regular minutes of October 17, 2023.
Eureka Housing Authority Repositioning Grant Funding Support Letters
Recommend Council authorize the Mayor to signed to letters encouraging the Infill and Infrastructure Grant Program to approve two applications from the Eureka Housing Authority.
2023 Edward Byrne Memorial Justice Assistance Grant
Recommend Council accept the grant awarded to Eureka Police Department and approve use of funds to hire organizational development consultant.
CalRecycle Authorizing Grant Resolution
Recommend Council adopt a Resolution of the City Council allowing the Community Services Department to apply for all CalRecycle grants that the City would be eligible for.
2023 Officer Wellness and Mental Health Grant Award
Recommend Council accept the grant awarded to Eureka Police Department and approve the use of the funds mental health and wellness assessment, consultation, and utilizing services provided by a licensed mental health clinician that works with law enforcement.
2023 Office of Traffic Safety (OTS) Grant
Recommend Council accept the grant.
Letter of Support for California Welcome Center Designation
Recommend Council authorize the Mayor to sign a letter of support for the Visit California Welcome Center Designation.
Legislative Action Correspondence
No agenda items.
Ordinances/Resolutions
No agenda items.
Reports/Action Items
Operation Light Up Eureka
Recommend Council receive the report and approve the program.
Operation Light Up Eureka Program
Elections Code 9212 Report on Citizen's Initiative Amending the City's General Plan for 21 City-Owned Parking Lots and the Jacobs Middle School Site
Recommend Council receive report and direct staff on further action if needed.
Appendix C – Economic and Fiscal Impact Analysis
Appendix D – General Plan Consistency Analysis
Appendix E – Affordable Housing on City-Owned Properties
Regional Climate Action Plan Update
Recommend Council receive report and provide comment.
Attachment 1 – Rincon Proposal
Attachment 2 – Excerpt of Rincon Analysis of Existing Draft CAP
Future Agenda Items
City Manager Reports
Warming Center
Council Reports/City Related Travel Reports
[Staff Note: the agenda was updated 11/02/2023 to fix an error with an attachment and to correct the title of the City Manager's Report. This summary is now up to date.]
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Regular City Council Meeting - October 17th
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Mayor Bergel presiding; Councilmember Castellano, Councilmember Moulton, Councilmember Fernandez, Councilmember Bauer, and Councilmember Contreras-DeLoach present in chambers. Absent: none
Report Out of Closed Session - Watch
Deputy City Attorney Bob Black reported that no actions were taken. Lawsuit just served on the City that day was added to closed agenda by unanimous vote of the council as an emergency item. The lawsuit is the matter of Munson and Constatine-Blackwell vs City of Eureka, City of Eureka City Council, Does 1-10. This was added for a report. Other than adding, no action was taken.
Proclamation: Long Term Care Residents Month
Read by Councilmember Fernandez, in recognition of Long-Term Care Residents Rights Month.
Mayor's Reports
Presentation from Student Advocates Guiding Engagement (SAGE) from Eureka High School, mental health services for youth.
Sarah Dee Duncan, LMFT, has been Wellness Center Coordinator at ECS for 3 years. The schools have been integrating mental health, over last two years able to start providing services. Currently working on three federal grants specifically for mental health, will allow to integrate more services from community into school program. Program also highlights student voice and choice.
Zoey Johnson, junior at Eureka High School and has been member of SAGE since beginning of freshman year. Main goal is to make school a more comfortable place for students to be, and easier to mananage going through school day. Included students in building of Wellness Center, students are very proud of the outcome. SAGE program has been in operation for about 3 years. Students designed interior of new space.
The Wellness Center offers 3 tiers of support; walk-ins, student to student peer support, second group discussions, 3rd is one on one therapy with licensed Open Door clinicians. Third tier is new and has been huge step. Wellness Center also has private spaces, "Cozy Corners," for students to use as needed, have art supplies, refreshments available.
Jane Hong, Resorative Practices Support Specialist at Eureka High School, also Youth Organizer and Advisor for SAGE. Help conduct outreach for students, is first resource for students when they come to the Wellness Center, greets as come in. Can help facilitate discussions with students and any teachers students may be having issues with. Students may come in and not want to talk, Jane will check up before they leave. Students may open up before leaving, or Jane may accompany students back to class, and they will feel better and able to return to class. Free therapy offered for students three days a week; students may not have access to therapy on their own or may not feel comfortable asking their guardians for that kind of care. Has been major game changer, assistance from Wellness Center has been able to help students get the help from their guardians to get therapy.
Another aspect of the Wellness Center is training for students who are interested in going into the mental health field. There is a shortage of mental health care providers in the area, giving beginnings of job training, basics of mental health practices may help to grow numbers of local providers.
Council Questions
Councilmember Moulton asked how large the physical space is. Answer: Have larger space that is equipped with kitchenette and three therapy rooms.
Councilmember Moulton asked how many students the Center engages with. Answer: Center sees about 10 or so students per day, and about six of those students will engage with Jane one on one.
Councilmember Moulton asked if there were statistics or data that shows the success of the program. Answer: Do see that students feel better when they leave the Wellness Center, but major marker of success has been reduction in absenteeism. Some of the causes of absenteeism in schools are surrounding mental health challenges. Tracking number of students who stay in school--students may not be in their classes, but will be in the Wellness Center, and will go to their next class. Some students may only show up for school on their group days, requisite of attending group is that students have to attend all of their classes.
Councilmember Fernandez asked how many days a week the center operates. Answer: The center is open anytime during the school day.
Councilmember Fernandez wanted to commend the program, says that it's a fantastic service to offer to the students.
Mayor Bergel shared that the students from SAGE gave a presentation to her class and is blown away by the great work that they are doing with the Wellness Center.
Mayor Bergel also traveled to Long Island City, sponsored by Creativetime and spoke at New Red Order's Give It Back Gathering about Landback, about how the City gave Tolowat Island back to the Wiyot Tribe.
Mayor Bergel also attended the 100th celebration for Rotary. Rotary's goal is Service above Self and gave $100,000 grant to The Jefferson Center for their culinary program.
Talk Eureka - Citizen Engagement
Presented by Media Coordinator Cosette Hunter
Let's Talk Eureka is the new community engagement platform for City of Eureka. Community engagement is a topic that is top of mind for municipalities. Pillars of community engagement that are top of mind are outreach, education, empowerment, and engagement.
City has a large number of resources, projects, and programs and at any given time, and currently not always easily able to find where the project information is or what stages the projects might be at. Feedback is limited to comments, emails or phone calls, currently no dedicated space for community members to give feedback. Talk Eureka is main community engagement platform.
Began growing community engagement through growing social media, via Facebook, Instagram, Twitter, and recently redesigned website. Seeing community members looking for ways to get involved, asking questions, looking for resources and information.
Goals of Community Engagement platform is to be space for the sharing of ideas and stories, voting and participating in decision making, fostering a sense of pride in where we live and who we are, and building future in community, leading to community growth and healthier communities overall.
Technical literacy is a barrier to community members being able to access digital resources, and information in general. Goal of social media is to increase awareness of what resources are available through digital outlets, and increase access in community, and support increasing technical literacy and increase awareness.
Talk Eureka is specifically designed to be a place that's easier for people to get project information, and a place where people can talk back and share ideas, comments, and questions. Talk Eureka has three projects live now, including a project inviting residents to draw and name the neighborhood where they live. The Name Your Neighborhood project has a Frequently Asked Question section, contact information for who is working on that project, and a timeline for the phases of the project. This is the ultimate goal of this website, a place to host these projects in a way that make it clear, make the information accessible, and make any resources available to community members.
Two other projects are live on Talk Eureka, a page for the Community Health Town Halls. The Town Hall page is very new and are hoping to see community engagement here. Also has page for City Council meetings, to try to make meetings more accessible.
Looking to expand Talk Eureka to include Affordable Housing Project, Bay to Zoo Trail, and other projects. This will give people a way to interact more directly with resources and content relating to specific City projects.
Are tracking engagement data through website analytics, social media insights, including specific analytics from the Talk Eureka platform. Are monitoring these metrics to respond to how community is utilizing resources.
Ultimate goal is for community to be excited about information that is available. Community partnership is the goal of this platform, drawing engagement to Talk Eureka from social media.
Council Questions
Councilmember Moulton asked how conversations are moderated. Answer: Talk Eureka is moderated by the host, EngagementHQ. Some auto-moderation through use of filters, and some moderation is performed by people ensuring that conversations are staying on-topic and are respectful and polite. All moderation is done by the third party, and the City is not moderating ourselves.
Councilmember Fernandez asked how long project has been live. Answer: Was soft-launched just before last Town Hall, so about a little over a month.
Councilmember Fernandez asked what the engagement numbers have been since launch. Answer: The numbers have been pretty low so far, have yet to do a "hard" launch. Information surrounding Talk Eureka has been disseminated as a part of the Town Hall promotions, and more recently as a part of Name Your Neighborhood. After this presentation will be doing more of a campaign and soliciting more engagement through social media awareness campaigns.
A commenter continued to share their concerns regarding the City mandated vaccination policy.
A commenter complained about dumping in the alley behind their house.
A commenter shared concerns about timing of a traffic study.
Unmet Transit Needs Public Hearing - Watch
Presented by Finance Director Millar
First public hearing is titled Unmet Transit Needs. This is an annual process with the help of Humboldt County Association of Governments (HCAOG)
Stephen Luther, Associate Regional Planner will present. Will be sharing information about state of transit, the state of ridership numbers and some initiatives coming up.
Unmet Transit Needs is about use of local transportation funds. City of Eureka is allocated approximately a million dollars, zero of which may be used for streets and roads purposes--some cities in the areas are allowed to use transit funds for streets and roads.
Humboldt Transit Authority (HTA) is the largest transit operator, 446,000 total passengers in the past year. Total operating expense for the past year was $6,572,527 and total fare revenue $1,038,495
Historical ridership shows that ridership is starting to return to pre-COVID or nearly pre-COVID numbers.
Data shows that the Eureka transit service has the lowest operating subsidy in the area, is the most cost-effective per passenger trip. Eureka has the highest passenger trips per vehicle service hour. Census data does show that there are unmet transit needs in Eureka, specifically in areas with 0 car households. These areas are in Old Town, Henderson Center, and Rosewood.
HTA is working on a branding update, making it easier to transfer between transit lines, by utilizing card tap to pay or monthly passes. Will be piloting on-demand microtransit, similar to Uber or Lyft, in Eureka using Dial A Ride Vehicles. Pick up in about 15 minutes. More microtransit services planned for other communities. New service lines added in Arcata, and Yurok Tribe Transportation Department serving Orleans, Weitchpec and Hoopa. Anticipated launch of Redwood Coast Express connecting Eureka to Ukiah via public transit.
Known transit needs are more frequent service, Sunday service, later night service on Friday and Saturday specifically mentioning service to attend Arts Alive, as well as earlier and later service on RTS and ETS.
One block is getting enough drivers, HTA has been able to hire some drivers, but are hiring now.
If people can't comment tonight, are able to submit comments online by contacting Stephen Luther orcompleting an online survey.
Council Questions
Councilmember Fernandez asked if the Token Transit app would be going away with the use of the credit card terminals. Answer: Token Transit will still be used.
Councilmember Ferndandez asked if the microtransit pilot would be City-wide or just in specific areas of town. Answer: Pilot would be City-wide in the Dial A Ride zone, which is roughly the City boundaries.
Councilmember Fernandez asked what the timeframe for calling the microtransit pick-up, would it be same-day. Answer: it is app-based, phone calls are discouraged, and would respond similarly to Lyft or Uber. Using software called RideCo, in app store under Ride Humboldt but is not active yet.
Councilmember Ferndandez asked when microtransit would be rolled out. Answer: HTA board voted to roll out October 24th.
Councilmember Fernandez asked how the known transit needs are being addressed. Answer: The Sunday service and later Friday and Saturday services will be started, HCAOG is working with HTA to get those started.
Councilmember Ferndandez asked if HTA has made any steps to collaborate with schools in the area, as both entities are having difficulties finding drivers. Answer: do not know.
Public Comment
A commenter recommended against using Dial a Ride vehicles for microtransit, as the Dial a Ride service is very full, is already difficult to get onto the schedule. Dial a Ride is already expensive to use. Commenter also noted that Myrtletown was not included in presentation and Myrtletown does not have adequate service. Mayor Bergel informed the commenter that Myrtletown is outside of Eureka city limits.
A public commenter spoke about topics not pertaining to this agenda item.
Council Comment
Councilmember Castellano wanted to assure the public that Dial a Ride patrons will have preference over the microtransit when patrons are scheduling appointments. Anyone who is currently using the system for Dial a Ride will be filled before microtransit is available. Dial a Ride patrons won't be competing in the same app market for those rides. Wanted to note that Associate Planner Luther did take down comment about Myrtletown service, and even though Myrtletown is not in Eureka city limits, it can be a part of the hearing on transit needs.
2023-24 Fee Schedule Update - Watch
Presented by Finance Director Millar
Minor update to the Fiscal Year 2023-2024 Fee schedule, focused on sewer lateral installation fee. Have altered the description of a couple of fees. Biggest change is distinguishing between standard and non-standard sewer lateral installation fee and standard and non-standard sewer lateral replacement fee. The cost for the standard installation or replacement has not changed, but if there is a non-standard installation or replacement it is recommended to be charged at actual cost.
Council Questions
Councilmember Fernandez asked for clarification about non-standard sewer laterals. Answer: City Manager Slattery explained that a standard lateral is a sewer lateral that is affronting the property and in the City's right-of-way. Anything other than that would be considered non-standard. An example of that would be a property that has a frontage to a State right-of-way; that causes more issues with replacing or installing a sewer lateral. Another example would be if a property is at the end of a road, and the sewer main does not extend to the front of the property. Both cases would be charged at the actual cost.
Public Comment
No public comment on this item.
Council voted to adopt the recommended changes, unanimous Yes vote.
One item, Mental Health Clinician (2 FTE) and Mental Health Case manager (2 FTE), pulled from the consent calendar for discussion.
Motion to Council
Council voted to pass all items minus the pulled item, unanimous yes vote.
Resolution: Add Mental Health FTEs
Presented by Managing Mental Health Clinician Jacob Rosen
Have applied for a couple of grants and working on possibly contracting with Department of Health and Human Services Humboldt County Behavioral Health to establish more robust services for Crises Alternative Response and Engagement (CARE).
Earlier on day of the meeting were notified of being awarded a grant of $625,000 to expand CARE services from the Carestar Foundation. $25,000 of those funds were awarded to CARE for the emphasis on the development of crisis services in a rural settings, and for work in taking into account the Indigenous cultures and expanding the approach to mental health.
Approving the allocation of the additional positions to then hire staff with the funding just awarded and more hope to receive in near future.
Council Questions
Councilmember Fernandez explained that he requested to pull this Consent Calendar item was so that there could be discussion and could hear the good news about the grant funding. Councilmember asked if the funding awarded would fund all four positions. Answer: will not be able to fund all four positions; the way the grant award will be allocated will be $225,000 the first year, $200,000 the second year, and $200,000 the third year. Hope is to fund at minimum a clinician and case manager out of that funding. If awarded other funding that CARE has applied for, would transition this funding to go to EMT case managers. The EMT case manager position is not developed, and would do a separate council motion for that position. CARE does have a couple of impletmentation plans available.
Councilmember Contreras-DeLoach asked if the funding is just for salaries or if it could be used for other things as well. Answer: Can be applied as needed, there aren’t a lot of constraints with the Carestar grant. Would prefer to use it for salaries, as the biggest constraint in expanding the program is funding for staffing.
Councilmember Moulton asked Managing Mental Health Clinician Rosen to remind the public who can utilize the services provided by CARE. Answer: CARE is a City of Eureka program, the team collaborates with Eureka Police Department (EPD) in providing crisis services for mental health crises, substance use related crises, and sometimes end up providing medical case management. Sometimes for people who are unhoused, medical issues becomes a crisis that while not requiring an ambulance, does require some assistance. Providing services in those cases, not based on insurance at the moment. Anyone who is in need can call EPD dispatch, EPD will then filter that request to the CARE team as they are available. The hope is to be able to independantly respond, instead of having an officer respond and then determine if CARE should respond. Goal is to be dispatched independant of an office to calls that are non-threatening and do not have a weapon involved. City Manager Slattery clarified that if it is an emergency, call 911. If it is not an emergency, call non-emergency dispatch at 707-441-4044 [Note: 707-441-4054 also works, however, Dispatch prefers the 707-441-4044 line to be used.]. Managing Mental Health Clinician Rosen clarifed added that unless it is an emergency, to please only use the non-emergency line of 707-441-4044 to keep the emergency line clear, as the dispatch center handles a lot of calls.
Recess called due to power outage at City Hall to allow for staff to reestablish broadcast of meeting.
Councilmember Moulton commented to express appreciation that this is the direction that the City of Eureka is taking to address the needs of people who's needs aren't met. Mental health crises are a significant peice of folks who experience homelessness in our community, and addressing this directly as opposed to criminalizing certain behaviors is incredibly forward thinking. Councilmember Moulton thanked CARE for doing this work.
Councilmember Castellano added to Councilmember Moulton's comments that a lot of cities our size are not this forward-thinking, appreciates staff for bringing this forward. Also pointed out that while many people who are unhoused access these resources, they are available for anyone in the community as well.
Motion to council
Council voted to approve the allocation of the positions, unanimous Yes vote.
Legislative Action Correspondance
No items.
Ordinances and Resoulutions - Watch
Entheogenic Plants and Fungi Criminal Priority - Watch
Resolution: Entheogenic Plants and Fungi
Presented by Deputy City Attorney Black
Report and introduction will be fairly brief, not so much substantive as Deputy City Attorny Black is not an expert in these items. Understand that the Council would like take a position in the matter of the degree of criminal enforcement of state and federal laws that prohibit or restrict significantly the use of these substances. Did have access to resoultion adopted by the City of Arcata in the same subject area. Reviewed that resolution and did some fact-checking and some cleanup of language. Present to council a version of the resolution that was adopted in that city.
The effect of the resoultion is to express the will of the City Council that law enforcement in the City deprioritize the enforcement of state and federal law prohibiting entheogenic plants. Considerable discretion remains with EPD, particularly in the involvement of minors, and considerable discretion remains with the District Attorney's office with what to pursue after it is reported to them. Assistant City Attorny Black's opinion is that the Council's expression of priority in this area would be taken into account.
The resolution is available to be modified, adopted, or tabled to take action at some future date.
Council Questions
Managing Mental Health Clinician Rosen is available to answer questions, his background in substance use treatment and disorders is that he is a Licensened Marriage and Family Therapist, and part of that education is to receive training in substance use disorders. Also have have over seven years experience in treating co-occuring disorders with substance abuse crisis.
Councilmember Fernandez understands there are reservations, and invites those to be expressed. Answer: Managing Mental Health Clinician Rosen shared that his primary concern is that the messaging around the substance. Much of the language in the resolutions claims that entheogens are known to be safe and known to be healing; while there is data a research available that shows promise in the use of entheogens to be used in mental health treatment, it is far from established. Concern would be that the resolution claims are based on a handful of studies that look at correlation and do not look at causation, and promoting those as a found fact that these substances promote healing. What is known from current research of MDMA [3,4-methylenedioxy-methamphetamine, also known as ecstasy or molly] is that for MDMA to have a healing effect, it requires thereapy to be administered while the individual is under the effect of the substance. Just taking MDMA on it's own does not cure PTSP, but taking MDMA while a therapist provides a regimented therapy will provide a significant symptom reduction over a long period of time. The primary concern is that we do not know what that therapy is in entheogen. Entheogens have multiple differnt hallucenogenic compounds in a single pland, and we don't know which one of those is acting on the brain to cause the healing effect of the substance. We don't know what the contraindications are. We do know that in some people with pre-existing mental health conditions including schizophrenia, bipolar disorder, and depression, these substance can trigger psychotic episodes that can last longer than the intoxication of the substance. There is concern about the City endorsing them to be healing when the research does not support that at this time.
Councilmember Moulton asked if there was a representative from EPD available to share what EPD thinks about it. Answer: Chief Jarvis is out of town at a conference, City Manager Slattery was able to speak with the Chief and will be able to share his thoughts, and Commander LaFrance is available to speak as well. Chief Jarvis did reach out to Arcata Police Department and was able to speak with the Acting Chief of Police, and they said have not had any significant issues to this date. City Manager Slattery thinks that there are concerns, and that is to be expected, from an enforcement standpoint. When Council had discussion about support of AB 58, staff did conduct research charges associated with enthiogenics, and there were approximately 5 total casese where these charges appeared. Commander LaFrance said that after speaking with the Chief, they are in agreement with the Governor. Biggest concern from EPD are what are the unintended consequenses, and are they able to handle that at the current staffing levels, currently understaffed by 12 officers.
Councilmember Contreras-DeLoach was able to speak with Chief Jarvis, and one of the concerns he had was about the vague language in the resolution, and was asking if Council would clearly define an amount. Councilmember Contreras-DeLoach asked if Commander LaFrance could speak to that further. Answer: Commander LaFrance can't speak in too much detail to that point, other that grey areas in law enforcement are not good. Would prefer to have a clear stance outlined.
Councilmember Bauer asked if how entheogens are scheduled, as a Schedule 1 drug, has impacted the research necessary to make practitioners more comfortable with entheogens being used in a theraputic way. Answer: Yes, it is a prohibitive factor to expand that research. Just in June of 2023, the FDA did provide clear trial guidelines to develop these studies, but is still early days. If we look to MDMA as a map of how this progresses, there will be more and more studies, once the scientific community can come to more of a consensus around what the chemical is that creates the healing state, then would be better able to narrow down therapies needed to go along, and will eventually see a regamin emerge. Due to the current restrictions have been limited on finding causal effect. Some of the research is concerning because it's more correlation based.
Councilmember Fernandez asked if Commander LaFrance could advise on an amount that could be defined as personal or commercial. Answer: Commander LaFrance would have to refer back to the EPD Drug Task Force.
Mayor Bergel asked Managing Mental Health Clinician Rosen to explain more about therapy being paired with the use of entheogens. Answer: Most if not all psychotropic medication is symptom management, and for actual change to occur, it requires therapy to take advantage of our neuroplasticity, which is how the brain can change. An example is SSRIs [Selective Serotonin Reuptake Inhibitors] being taken for depression. If only the medication is used, when one stops the medication there is a decent chance of reoccurance of depression. If the medication is taken to reduce the symptoms of depression and one participates in therapy to change the behaviors and thought processes, over time different parts of the brain are reconnected. That is the actual healing taking place. In that situation, medication is providing an open door for therapy to be more effective, but the medication alone does not cause the healing effects.
Public Comment
26 people shared public comments. All speakers spoke in support of Council passing the resolution. A majority of speakers shared personal histories of finding healing in the use of entheogens to treat post-traumatic stress disorder (PTSD), substance use disorder, and other mental health disorders or challenges. Some speakers shared their recovery from substance use disorder, and how the use of entheogens have helped them in a way where they are no longer dependant. Several mental health practicioners shared their support of deprioritizing entheogens as a pathway to lead to further study of the effects of entheogens. Many speakers highlighted that the language of the resolution does not allow for the sale of the entheogens. Many speakers shared about their personal expereriences with entheogens as part of healing within a larger community. Many speakers pointed out that entheogenic plants have a long history of use in indegenous cultures. Many speakers spoke about creating and maintaining educational groups available to help people learn more about entheogens. One speakers advocated for the passing of the resolution to prevent what happened with the legalization cannabis and the corporatization and collapse of the cannabis industry. 22 speakers spoke in Council Chambers, four speakers spoke on Zoom.
Council Comments and Discussion
Councilmember Contreas-DeLoach spent a lot of time researching this topic. Appreciated all of the letters. It is clear, based on the letters, that this has been a critical piece of the healing process for a lot of people. Questions have been around what the concerns are the clinicians have and how these become illegal in the first place, and only became illegal in recent past. Have been speaking with law enforcement about their concerns as well. She does have concern about language in the resolution and would like that altered if Council is going to pass the resolution tonight. Learned that Johns Hopkins [School of Medicine] plans to recommend that entheogens be changed from a Schedule 1 to Schedule 4, which is the same classification as a sleep aid. Councilmember Contreras-DeLoach said that it comes down to a question of if it is the proper role of government to make the personal private use of a naturally occurring plant illegal, and does not think that is the proper role of government. Would like to clarify as moving forward for law enforcement, and deeply appreciates all the stories shared.
Councilmember Fernandez asked Councilmember Contreras-DeLoach which aspects of the resolution she would like to see removed or refined. Answer: Councilmember Contreras-DeLoach has a long list of items to change, but most important item would be to provide clear direction to law enforcement, since this resolution would go into effect immediately. The Councilmember would like to remove value language from the resolution, specifically the third "whereas" statement--Councilmember would not like to make blanket statements, does recognize that entheogens are not beneficial for everyone, does not think that's an appropriate statement for the Council to make.
Councilmember Fernandez is comfortable removing the third "whereas" statement from the resolution. Councilmember Fernandez asked when resolution would go into effect if passed. Answer: City Manager Slattery clarified that this is not like a resolution where it is introduced and adopted, if passed the policy would be in place immediately. To speak to what Councilmember Contreras-DeLoach is speaking to, if there changes that aren't substantive changes made to the resolution, it can be adopted tonight. Deputy City Attorney Black would advise if a change is substantive or not.
Councilmember Fernandez asked if they removed the third "whereas" and added an adoption date, would that give time to law enforement to provide guidance to Council on the gray areas. Answer: City Manager Slattery said that if Council decides, to give the resolution back to staff to then present at the next Council meeting with whatever direction what Council is looking at. If the question is what is Eureka Police Department (EPD) comfortable with, that would definetly have to come back to the next Council meeting.
Councilmember Ferndez noted that if they were getting into these details, seems like getting into ordinance area. City Manager Slattery said it is up to Council's discretion.
Councilmember Fernandez noted that the state has a history of being bold in a fashion, given the history of cannabis in the state. Noted that as a Council, did approve the intent of Senate Bill 58. Was disappointed that Governor Newsom vetoed the bill. This resolution does not legalize the use of engheogenic substances, which is outside of the purview of City Council, but from Councilmember Fernandez's perspective, lowers a barrier for those who utilizes these entheogens, would make local law enforement focus on other salient issues in our community. Sees this an opportunity to promote this as destigmatizing of its use for healing purposes, and sees that there is community support for collaboration and education. Does not see this as a call to "turn in , tune in, and drop out," instead a call to commuinity for the opportunity for folks to reach out to professionals for support or law enforcement if things take a negative turn, without fear of reprisal.
Councilmember Moulton shared gratitude for people sharing personal stories, and is glad to hear that so many people are finding peace of mind. Like Councilmember Contreras-DeLoach, is not comfortable using anecdotal evidence as evidence, does agree that government needs to step out of the way. Healing shouldn't be top-down, Western medicine is not perfect, and if people are finding solutions for themselves and they are not hurting anybody, then [government] needs to get out of the way and let that happen. In the resolution, Councilmember Moulton is uncomfortable with wording making assertations about efficacy, if something is stated as a fact, would like to have those studies referenced directly. Would like to remove spiritual references as well. In favor of this resolution, but would like to see those assertations either completely removed or specific studies cited. Also noted that while unsure how much time EDP currently spends on this, but is of the opinion othat freeing up that time and resources would be a value to the community as a whole.
City Manager Slattery would like to clarify that if there is an agreement from Council about what needs to be removed, could be adopted tonight.
Councilmember Moulton asked if it is necessary to specifically say that Council is not regulating or endorsing this. Answer: City Manager Slattery beleives that language can be clarified to say that Council is only decriminializing this, and not taking a stance spiritually or medically.
Councilmember Castellano is supportive of removing the third "whereas," does not have as many reservations as fellow Councilmembers. Appreciates the courage of the people who have shared personal stories in a space that can be challenging. Councilmember Castellano also appreciates that emerging practices can offer alternatives to more hierarchical approaches to medicine. Sees that there are exciting spaces for collective research that would live ot see come out of community. Also appreciate that there haven't been significant problems in Arcata following the same decriminialization measures taken two years ago.
Councilmember Bauer thanked community members for their comments and stories. Believes that there is agreement that there needs to be a change to how entheogenic substances are dealt with in the community. Personally believes that enforcement should be focusing on fentanyl and methamphetamine; those are killing thousands of people across the county. As far as the resolution itself, does not have changes that he would like to see; the main point is decriminialization. Understands the desire to edit, does not thing that the entirety of the third "whereas" should be struck, but remove the statements discussing personal and spiritual growth. Would like to keep goal at top of mind, and goal decriminialization. Supports this, and believes that while the negative effects are real, in the large scheme of things, is happy to explore how to pass this tonight.
Councilmember Fernandez clarified that the item Attachment C is a list of the cited studies, asked Councilmember Moulton if that would satisfy the request to have sources cited. Councilmember Fernandez asked if council could give concensus on removing the language discussing personal and spiritual growth from the third "wheras." Councilmember Contreras-DeLoach responded that she cannot give this concensus, that she believes that the document skews one direction, as positive. Does not want to weigh in on being positive use, and would prefer to focus on the decriminializing and deprioritizing aspect. Does not want to weigh in on the value, and believes that the resolution leans to far.
Councilmember Bauer responded that Senate Bill 58 contained the same kind of language, and this document also leaves a record of the thinking behind the decision. If Council removes the language about the discussion from the resolution, will not leave that record for people down the line to look to for understanding of why Council made this decision. Councilmember Contreras-DeLoach agreed with that point.
Councilmember Castellano suggested reviewing the resolution point by point.
Councilmember Contreras-DeLoach would like to have clear language for law enforcement.
Councilmember Castellano would like to pass resolution tonight, beleives that there is enough to pass and it may be that the gray area is not satisfied.
Councilmember Ferndandez asked if were to pass tonight, would Council be able to make it contigent on law enforcement developing guidelines. Answer: City Manager Slattery referenced discussion that Council had with Senate Bill 58, that if someone is distributing, it is clear based on the equipment needed such as a scale, they have a large amount. When getting into personal use with engheogens it can be difficult; if they are shaing there may be a large quantity. In the previous research, showed that previous crimes that were associated with entheogens, it was extremely limited. In the instances where entheogens were present, there were a combination of things. There were other charges associated.
Councilmember Fernandez is trying to find common ground so that action can be taken at this meeting. Would like to see it passed tonight.
City Manager Slattery noted that if Council chose to come back to define what personal use is, could come back as an amendment to the resolution.
Mayor Bergel commented that there are a lot of people in the world who are suffering all the time. In her experience, there is not a one-size fits all cure for all who are suffering. This is another tool for people to use to get the support that they need. When consider the damage caused by drugs like alcohol, heroine, methamphetamine, and fentenyl in a community, this kind of support should be available. Personally had an experience where someone had co-occuring disorders and died from a bad trip. Even so, does not believe that these substances should be banned. Does not think that there's one solution.
Motion to Council
Motion to adopt the resolution, elimitating the personal and spiritual growth section from the third "whereas." Councilmember Contreras-DeLoach commented that she is voting in favor, but would like to note strenous objection to passing this without clear language in resolution, also noting that this document makes it sound like a panacea, and also would like to note that brains are still developing until the age of 25, and any use of any substance can have a detrimental effect. Motion passed unanimously.
Motion to council
Councilmember Castellano moved to extend the meeting to 10:15pm. Motion passed unanimously.
September 2023 Zoning Code Update - Watch
Attachment 1 - Bill No. 1032-C.S.
Presented by Development Services Director Cristin Kenyon
This is the fifth modification to the text amendment that adopted the current inland zoning code. This applies the the inland portion of the City. Nothing has changed since the ordinance was introduced at the last regular meeting. Staff believes that amendments better align code with the vision and goals of the 2040 Generak Plan and maintain internal consistency with the zoning code. Staff recomends Council adopts the bill.
Public comment
No public comment on this item.
Motion to Council
Motion to adopt Bill No. 1032-CS passed unanimously.
Reports and Action Items - Watch
Presented by City Clerk Powell.
Eureka residents Mike Munson and Michelle Constantine-Blackwell filed a notice of intent to circulate a general plan amemendment for housing petition on July 14th, 2023. The City Attorney then prepared a ballot title and summary for the initiative petition. The ballot title was designated "An Initiative to Amend the City of Eureka’s General Plan as the Plan Affects City-owned Parking Lots and Eureka City Schools-owned Jacobs Site"
Proponents submitted the necessary paperwork, filed notices, and then were authorized to then begin collecting signatures. On August 28th, the proponents filed 2,790 signatures with the City. The County of Humboldt Elections Office then verified those signatures, and has certified 1,974 signatures as valid. Election law requires that the number of registered voters is determined by the report that the County Elections Office files with the Secretary of State, on or near the date that the notice of intent is filed. The total number of voters at that time was 15,868. 10% of the registered voters were necessary for the proponents to qualify for the next regular election, or 1,586 valid signatures.
Today received both lawsuit and letter indicating that the proponents felt that this item should have been on the October 3rd City Council Meeting Agenda. The verification was received the day after the Agenda for the October 3rd Council Meeting was published. The City has a sunshine ordinance that requires the City to publish agendas one week prior to each Council meeting. The decision was made to put the item on the agenda for the next meeting which there was no agenda published, which is this meeting.
At this time, staff is requesting that Council either adopt the ordinance without alteration, at this meeting, or within 10 days, or submit the ordinance without alteration to the voters to the next regular election, to be held November 5th, 2024. Have consutlted with both Juan Cervantes, the County of Humboldt Registrar of Voters for the next regular election, and election law. Deputy City Attorny Black is available to answer questions.
Councilmember Ferndandez asked for clarification about timing of when certification received and sunshine ordinances. Answer: Received certification after the October 3rd agenda was timely published under our Sunshine ordinance. Taking a look at the law as a whole, the interpretation from the City Attorny's office meant the meeting of October 17th. The certification could be received the day of a regular meeting, Attorney Black does not believe it would be a reasonable interpretation of the law that would mean that the item would be added to the agenda of that night, giving the public virturally zero opportunity to know that the matter would be discussed and to weigh in. The City has an ordinance that extends the benefits and protections of the Brown Act for the citizens of Eureka to receive notice by way of a posted and published agenda six days before a regular Council meeting. This is a little more than what the Brown act requires, but was a judgement call that a past City Council made, that the citizens needed more notice than what the law required, therefore we publish the Wednesday before the Tuesday meeting. This certification came in after that. Deputy Attorney Black does not think it was a consideration to retract the published agenda and publish a new one violation of our own Sunshine laws. It was made a consideration the day of the meeting by a number of emails from the attorney representing the proponants. They filed a lawsuit over this. The lawsuit would seek to declare the City was wrong in that judgement call. The larger import is that proponents believe that by being disussed at the earlier meeting, that would get this ballot measure on a March 5th California Primary Election as declared by the Governor. That's not what the law requires the City do. Deputy City Attorney Black is confident that the November election is the next regular municipal election, and that is in the City charter.
Councilmember Fernandez asked if it would be out of place for a published agenda to be amended. Answer: City Manager Slattery shared that typically when that has happened, it has been for a time sensitive issue, such as for when an item goes to bid. Has happened a couple of times in City Manager Slattery's tenure. City Clerk Powell noted that if agendas are amended, they are done so and published by the Friday before the Council meeting to stay within the requirements of the Brown act, but the matter of the item needing to be included on the agenda was not brought up until the day of the meeting. Deputy City Attorney clarifed that the agenda was published Wednesday, stating clearly that the initiative was not included on the agenda. It was not brought to the attention of staff until Tuesday, 6 days later, that someone was contending that the item should have been. City Clerk Powell noted that a letter was sent to the proponants and their attorney on that Thursday indicating the item would be included on the next regular council meeting on October 17th.
Councilmember Fernandez noted that even if a court were to find in their favor, the City is discussing the matter at this meeting. Answer: Deputy Attorney Black also noted that one of the questions that the court would have to answer is if it was an unreasonable delay, that the demand wasn't brought to the attention of the City until the day of the meeting, despite the published agenda and a notice.
Public Comment
Seven public commenters shared their support for the initiative.
A public commenter spoke against the initiative.
A public commenter supported Council submitting the initiative to the voters.
A public commenter requested the City rebut claims made in the initiative.
Motion to Council
Council moved and voted unanimously to extend the meeting to 10:30 pm.
Councilmember Moulton asked to define the scope of the conversation; asked if Council is discussing the merits of the initiative as well as deciding if to pass the initative or submit to voters. Answer: City Manager Slattery confirmed that Council is only choosing whether to pass the initiative to submit to voters.
Mayor Bergel invited Registrar of Voters Cervantes to clarify when the next regular municipal election will be held. Answer: the next regularly scheduled election for the City of Eureka is in November.
Councilmember Moulton noted that all of the questions that she has are outside the scope of the actions to take tonight.
City Manager Slattery shared for the benefit of Council and the public that in August Council directed staff to bring information back to the ballot measure related to the legal, planning and zoning, and fiscal impacts of the initative. Staff has analysis that will be presented to Council on November 7th, at the next regularly scheduled meeting.
Councilmember Fernandez asked if Council decides to send the initative to the ballot, could Council decide at a subsequent meeting to pass the ordinance. Answer: City Manager Slattery believes that Council could do so if there is a ballot initative or not.
Councilmember Fernandez clarified that the next general election is in November, and the primary election is in March. Answer: It is City Manager Slattery's understanding that this is the case. City Manager Slattery clarified that Council could ask for a report of anything, regardless of Election code.
Councilmember Castellano thanked staff for ensuring that all members of the public who wanted to speak were able to get a chance to do so. Councilmember Castellano noted that this initative is anit-housing, and would be significantly detrimental to the City. Also noted that this would create significant problems with State law and zoning codes, would cost citizens and taxpayers a great deal of money, and would cause the City to lose a significant amount of grant funding. Supports continued education and access to public process to ensure that the public has a deep understanding of what they're voting on. Supports sending the item to the voters.
Councilmember Contreas-DeLoach noted that there is a lot of confusion surrounding the iniative. Noted that the signatures represents only about 7% of Eureka's population, supports sending this to the voters to allow the people to speak, rather than a small group speaking for the City.
Councilmember Bauer agrees with Councilmember Contreas-DeLoach that the Council can't make a decision based off of roughly 10% of the City, and will leave it up to the voters to decide in November.
Councilmember Moulton wishes that this ordinance did what it says it wants to do, and made housing more accessible in the City of Eureka. If Council could just vote to make housing appear on the Jacobs campus, would be behind that, but that's not possible. Grateful for the chance for the citizens to read more about this, and to hear reports about the real impact of this, and how it will hit the ground. What it will do, what it won't do, what it can and what it can't do. The time between now and when it comes to vote, that is the time for the public to become informed.
Motion to council
Council moved to submit the ordinance to the voters, passed unanimously.
Councilmember Castellano learned of a City-approved rental lease in the City of Davis, a universal form that landlords use. Deputy City Attorney Black believes that the use of that is optional on the part of the landlord, but is considered to be balanced and fair, which is a selling point for someone to live in that rental unit. Does not believe that it is a legal requirement to use that form, but City Attorney's office can investigate. Councilmember Moulton asked if meant a City-endorsed rental agreement, Councilmember Castellano verified yes, not the City managing leases.
City has had discussions about the Climate Action Plan (CAP). CAP was recently discussed at the Board of Supervisors meeting, will be brought to Council on November 7th. There is a discussion about including items from 1998. Consultant believes that is another alternative, would be analyzing numbers. Will be more discussion. Gist of discussion is that funds that were going to used to finalize the EIR will now need to be used to hire another consultant to do the work. Will delay the process by about 4-6 months, and then funding will need to be approved to complete the EIR. The County Board of Supervisors approved that today with caveats. Will be back with more information on November 7th.
Councilmember Castellano attended Redwood Coast Music Festival, went to Economic Development conference in Long Beach to advocate for the North Coast, attened Humboldt Transit Authority meetings, continue to host weekly housing meetings. Thanked Councilmember Contreras-DeLoach for attending Humboldt Waste Management Authority meeting in her place.
Councilmember Moulton looking forward to the City breaking ground on the Boss Cubez village. City Manager Slattery had a meeting today about the work party, and it will be delayed. Will be bringing more information back to Council. Councilmember Moulton also attended a Chamber of Commerce 2x2 meeting, and encourgages people to attend a Haunted House, there are a number in the community and they are all fundraisers.
Councilmember Contreras-DeLoach kicked off the Redwood Coast Music Festival in place of Mayor Bergel, attended Humboldt Waste Management Authority meeting in place of Councilmember Castellano, enjoued the meeting. Attended the Autumn Fair at Redwood Acres, and attended the Chamber of Commerce 2x2 meeting.
Councilmember Fernandez visited the Silver Wind, possibly last cruise ship of the season, attended the Redwood Coast Music Festival for the first time, had meetings with constituents to discuss various concerns surrounding housing and parking and fruit vendors, and expressed interest in becoming more involved in processes, and hoping to have a neighborhood event before the end of this year. Attended an interview with Mayor Bergel conducted by a student from Cal Poly majoring in Geographic Information Systems (GIS), hoping to have a 2x2 with Eureka City Schools to discuss the Jacobs site, forward strides in mental health services for students, and change in leadership with an expected new superintendant.
Councilmember Bauer attended Joint Powers Authority meeting, barbecued for the Eureka High School Boosters to raise funds for Homecoming.
Meeting Adjourned
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Agenda Summary - Regular City Council Meeting - October 17th, 2023
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Attend the meeting:
In person
via Zoom online, Meeting ID: 820 1614 9675 - Passcode: 503858, Phone +1 669 900 6833 Meeting ID: 82016149675#
via phone 707-441-4243
Or watch online
View the Agenda - Mayor & City Council Contact and Information
Mayor's Announcements
Proclamation: Long Term Care Residents Month
Presentations
Talk Eureka - Citizen Engagement
Public Hearings
Unmet Transit Needs Public Hearing
2023-24 Fee Schedule Update
Consent Calendar
Notice to the Public: All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Pursuant to City Council Resolution 2011-22, if a member of the public would like an item on the Consent Calendar pulled and discussed separately, the request shall be made to a Councilmember prior to the meeting. Unless a specific request is made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.
Approve City Council regular minutes of October 3, 2023
Minutes of Eureka City Council, October 3, 2023
Destruction of Police Records
Resolution: Destruction of Records
Sewer Maintenance 2022 Project Acceptance
ABC Grant Acceptance
Mental Health Clinician (2 FTE) and Mental Health Case Manager (2 FTE)
Resolution: Add Mental Health FTEs
Engineering Reorganization
Resolution: Engineering Reorg. Oct. 2023
Ordinances/Resolutions
Entheogenic Plants and Fungi Criminal Priority
Resolution: Entheogenic Plants and Fungi
September 2023 Zoning Code Update
Attachment 1 - Bill No. 1032-C.S.
Reports/Action Items
Certificate of Sufficiency - Initiative to amend the City of Eureka's General Plan as the plan affects City-owned Parking Lots and Eureka City Schools-owned Jacobs Site
Future Agenda Items
City Manager Reports
Council Reports/City Related Travel Reports
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Regular City Council Meeting - October 3rd
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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. Absent: none
Proclamation: Year of Rotary - View the Proclamation
Read by Mayor Bergel, in recognition of 100 years of Rotary Club and the many services for the community. Presented to Annalise von Borstel President and officers of Rotary Club of Eureka.
Mayor's Reports
Report from Lynn McKenna of the Redwood Coast Music Festival. The Board of Directors are dedicating the 2023 event to City of Eureka and staff. The event is 33 yrs old and this is the 31st annual festival. The festival has faced many years of trials, and has received many years of support from City, and wishes anyone to extend gratitude to City staff and volunteers they see during event.
Volunteer Month Re-Cap
Presented by Recreation Supervisor Jim Thomas
Volunteer Month and Neighborhood Beatuification Program
Piloted in 2021 by Robin Praszker and Councilmember Castellano, and chose September to be Volunteer month. Some groups have recurring weekly or monthly events, including the Myrtle Grove Cemetery volunteer group.
Volunteer month had four events last year, grew the event to be larger this year, and a 5th Saturday meant five weekend events in the month instead of just four.
- 9/2 First event in Old Town, recurring volunteer cleanup event held the first Saturday of odd number months
- 9/9 Del Norte Dog Park, spread chips and gathered trash
- 9/12 Wharfinger Building landscaping beautification, City staff volunteered to do the planting
- 9/16 Old Town Gazebo, working with the Wiyot Cultural Center, cleaning and planting in flower beds
- 10/15 will be working with Rotary Club to finish planting Gazebo, volunteers are welcome, will be from 10am to 12pm.
- 9/23 Sequoia Park Ivy League, is also monthly invasive ivy removal event
- 9/28 City Haulers, City Hall volunteer group, returned for competition to collect most trash from area surrounding City Hall
- 9/30 Concluded at Hammond Park, have been working with Centro del Pueblo, have been maintaining flower beds. Wanted to make event as community-oriented as possible.
- Lost of community support through sponsorship, gave prizes and grand prize for person who attended all events at final event of Volunteer Month
- Ended with BBQ and celebration of volunteers, gave vests to volunteers who have been volunteering consistently
Volunteer opportunities are available year round, can call 707-441-4206 for more information
No questions from council.
Councilmember Bauer expressed appreciation for the work behind the events and for making the volunteer program happen. Enjoyed time at Hammond Park.
Mayor’s Announcements, continued
Shared appreciation for volunteers and the work they have done in the community.
Held Town Hall on Saturday, September 30th, about Children’s Mental Health. Had some good speakers and good conversations. Community Members can visit Talk Eureka website to continue conversation.
Welcomed two cruise ships to Humboldt Bay.
Mayor receives call every 6 months or so from a person who had been living on the streets, and checks in with Mayor periodically. Person had received assistance from Uplift and other community organization; calls to thank the people who have helped them get housing and medical items together. He wanted to share that he had received an opportunity, and Mayor Bergel wanted to highlight that this is a case of something happening in our community all the time, of people making positive changes in their lives.
Got to do an interview with Lost Coast Populist, had a good time. The most important part was the willingness to sit down and have a conversation from a place of respect. That made a huge impact.
Attended League of Cities, went to many different workshops on free speech, decorum, running meetings smoothly. Was grateful to see other cities facing some of same issues. Recommend look up speaker Brandon Fleming.
A commenter shared prayers and a reading from the Bible.
A commenter representing Decriminalize Nature shared the events from a community round table they held, and presented more letters to Council.
A commenter offered assistance in navigating week without driving for Councilmembers. Also noted issues with traffic obeying posted signs in Old Town.
September 2023 Zoning Code Update
View Attachment 1 – Change Summary
View Attachment 2 – Draft Ordinance
View Attachment 3 – Draft Code
Presented by Development Services Director Cristin Kenyon
Annual inland zoning code update. Proposed changes make updates to design review, will spend some time on design review and previous questions from council. Pertains to inland portion, no coastal portion. Municipal code was updated in 2019, attempting to bring annually for updates. Four amendments have occurred. Staff notes items as they use the code, such as errors, inconsistencies, improvements for readability, omissions, needed use type categories, clarification to resolve questions of interpretation, address unintended consequences, and inconsistencies between City code and State Law. This amendment would also help the City earn a "Pro-housing Designation."
Planning Commission reviewed proposed amendments at September 11th public hearing. Voted to recommend that Council approve. Commission did have concerns with how accessory Dwelling Unit (ADUs) interact with registered historic properties. Amendment would not be be required in certain circumstances, specifically if detached new construction is not between a historical building and the street, or if created within interior space, or if attached addition is not visible from public vantage points. Planning Commission recommended staff research objective design standards for historic properties before next annual code update.
Changes to note in this update: housing projects of up to four units are exempt from subjective Design Review. Currently only single family homes are exempt. Objective design standards are new in the 2019 update. Prior to, code had minimal requirements for landscaping. Subjective Design Review approval occurs at a noticed public hearing before the Design Review Committee or another decision-making body, where Objective Design Standards are reviewed and approved by staff. Staff believes that objective standards that have been added to the code ensure aesthetically pleasing development, and that exempting housing projects of up to four units from Subjective Design Review will not compromise Eureka's attractiveness or sense of place.
Most impactful objective design standards added to the code to highlight in this presentation: no blank walls of 10' by 10' or greater are allowed; each street-facing side required to have an equivalent degree of detailing, and must have at least items from a long list of architectural details; prominent building entrance(s) must face street; surface parking not allowed between primary building and the street; parking lot landscaping requirements increased, and landscaping between building and sidewalk.
Update of code also includes streamlining design review process--if multiple discretionary permits, they all go together to the highest review authority needed for any one of the permits. If appeals are needed, appeals go up the chain of authority: Design Review Committee decisions are appealed to the Planning Commission, Planning Commission decisions are appealed to City Council, and Historic Preservation Commission decisions are appealed to City Council.
In the period after the code was updated in 2019 to May of this year, 75% of projects only needed Design Review Committee. 12 projects involved new MFH. 11 went to Design Review Committee, one went to Planning Commission. One was denied by Design Review and then appealed and approved by Planning Commission.
Design Review Committee is made up of 5 members, and all are required to have professional experience in architecture, land development, landscape architecture, or other design-related professions. Meets twice a month, more often than Planning Commission or Historic Preservation Committee. Two thirds of their regular meetings have been cancelled due to lack of agenda items.
Permit process for subjective design review: staff receives an application and verifies that it meets all objective design standards. Application is then sent our for referral to interested agencies and other departments, is a 10 business day referral period. Then Staff Report is prepared, which includes writing findings for 8 subjective design review criteria. Public hearing notice is posted at the site and online and mailed 10 days before hearing. Then public hearing is held. Discretionary nature of the process triggers California Environmental Quality Act (CEQA), must make CEQA determination. Following hearing is 10-day appeal period. Then may apply to building permit. If modifications for design are required, then have to start the process over at Design Review to approve modifications. Cost for this process is $950. Important note: in the Coastal Zone, Design Review does not require public hearing, so the cost is only $360. Majority of the cost is noticing the Public Hearing.
Permit process for objective design standards: planning staff reviews when subjective design review approval is received, or when building permit is received. Reviewed as part of the permit approval process, and no additional charges for this review. This is a much simpler process.
Multi-Family housing (MFH) is principally permitted in large part of Eureka, and because principally permitted does not require a use permit. Design Review is typically the only discretionary approval required for MFH, otherwise CEQA wouldn't be triggered and would be just administrative process. Exceptions for Hospital Medical District (requires a use permit), Commercial Waterfront District (requires use and coastal permits), and property on historic registry (requires historic review), or deviation from standards (variance, zone change, etc), if in Coastal Zone outside Categorical Exclusion Zone (require coastal permit).
Applicants dislike design review process because it's additional time and process for discretionary process. It triggers CEQA and can require an initial study which may cost $10,500-$32,00 for a consultant with a $3,000 deposit for City Staff time. Extra publicity with hearing and more opportunity for members of public to slow down or derail projects--this step is disliked by applicants, Planning staff believes that public input from neighbors is a benefit to the community. Uncertainty of subjectivity, unknown how standards could be interpreted, and can hinder adaptive management during construction of project--if substantial change, does have to go back before Design Review Committee, and additional cost is 75% of original price.
In a larger picture, the state is limiting subjective design review, and City must approve housing consistent with City's objective standards. Cannot deny a housing project nor reduce its density based on a subjective design standard. Cannot adopt new subjective design standards. City is seeking Pro-Housing Designation from the State, removing subjective standards will aid in achieving that designation. Additionally, social justice issues raised whether or not appointed board represents the community accurately. More and more cities moving away from subjective standards and to objective model. If applicants want to deviate from objective standards, then longer discretionary process. Otherwise, is quick administrative approval.
Other changes of note are included in agenda summary [linked above].
Overall recommendation is to hold a public hearing and introduce this bill for the 2023 Zoning Code Update.
Council Questions & Comments
Councilmember Moulton asked where some of the new standards came from, noted the item about blank walls facing the street. Answer: Development Services Director Kenyon was not employed by the City at that time and cannot speak to the specific decisions at that time. Can say that lots of other cities are moving to an objective standard model and is sure that those other criteria were reviewed. Specifically, the impact of blank walls in a city are clear, cannot say how arrived at specific measurement of 10' by 10', seemed like an obvious addition to the list. When reviewed what was undesirable about more modern developments as opposed to more historical developments, this was a major item.
Councilmember Moulton asked about equal detail on all sides, what are some examples of this requirement that would not make construction unnecessarily cumbersome. Answer: This is something of a subjective objective standard--there is a long list of architectural details in objective design standards in the code, and some of which are using two different types of siding, or there is a projections or variable roof height. Councilmember Moulton clarified that this would not force window locations, or force plumbing locations. Also noted that the 10' by 10' limitation stuck out speaking as a muralist, noted they like to work on large blank walls, but also noted that there are probably plenty of large blank walls already in existence.
Councilmember Castellano asked if there has been an analysis of items that had been rejected by design review and if those could be incorporated into the objective standards. Answer: some of the items that went back for modification were because the applicants had decided to change their project, not because the committee had required a change. In terms of what Design Review Committee has said about projects were denied, can do research and incorporate recommendations as standards.
Councilmember Castellano asked if there were concerns about staff time with the increase in staff tasks surrounding changes. Answer: The new standards are already requiring increased staff time to review building permits.
Councilmember Castellano asked if there are there existing items that wouldn't meet the new standards, how would those be brought into compliance. Answer: existing items are legacies and already approved based on the standards at the time of the construction. If new standard implemented, standards are for new development only. Specifically about enclosures for trash cans and dumpsters, there are grant funds available to aid with the building of an enclosure.
Councilmember Castellano asked if standard for window transparency would affect cannabis lounges. Answer: state law takes precedence in this case, and if state law allows for an item disallowed in City code, could follow state law. Could add provision to code to make clearer in future.
Councilmember Fernandez noted that difficulty in building ADus at historical properties, asked if any have been held up or prevented as a result of the Historical Preservation Commission. Answer: in time have been employed by City, since 2021, only aware of one ADU that was required to go through the Historic Preservation Commission Review process; was just a longer process, and did not meet the self-imposed 45 day approval deadline. Noted that fee for Historic Preservation Commission Review is waived if applicants go through the proper channels and apply for the permits before beginning work. Is not aware of a project that has not moved forward, but will research and report back to council if there has been one.
Councilmember Fernandez asked about when CEQA was triggered. Answer: anytime a City Discretionary permit is required, then that will require CEQA. If it is a private project, that won't trigger CEQA. If the City is required to take discretionary action on a project, that will trigger it. Once triggered, few different pathways: a project could meet an exemption, most projects in Eureka meet the infill exemption. Where have to do bigger documents are most often sites on Geotracker with a current or previous cleanup case on them; cannot be exempted with categorical CEQA exemption. The biggest document, Environmental Impact Report (EIR), might be required if a historic structure would be demolished, can run in the $100,000 range. Is rare in Eureka the need to do full EIR.
Councilmember Fernandez asked to clarify pro-housing designation, what the elements that go into that, and how the City is provided points. Answer: State has created Pro-Housing Designation that cities apply for, and if meet State's criteria, are awarded that designation. The designation is getting incorporated into more and more opportunities for funding; applicants who have the designation receive extra points for having it. Must score at least 30 points on the metric to be awarded the designation, and must have a minimum number of points in each category. One category is not having regulatory barriers, one is funding and the City giving up property for affordable housing counts in the funding category. The more points awarded the higher the score for the City, it is advantageous to strive for the highest number of points possible.
Public comment for this item
No comments from attendees in chamber, none on Zoom.
Motion to council
Motion to introduce Bill No.1032-C.S. updating zoning code passed unanimously.
No items requested to be pulled from the consent calendar. Consent calendar approved unanimously.
Legislative Action Correspondence
No legislative action correspondence to report.
Councilmember Fernandez noted that council had sent a letter of support to the State for Senate Bill 58, would like to request that Council place a resolution on the next agenda, regarding decriminalization and depriortization of entheogenics. Response: Council is in agreement.
Councilmember Fernandez requesting review and/or report of emergency shelter plan as we are heading into fall and winter. Response: City Manager Slattery noted that this item is on list of items to report to council, and hope to present that to Council at the next meeting, or the first meeting in November.
Councilmember Fernandez asked reach out to the school district for a 2x2 meeting. Response: Staff is currently working on scheduling this.
Councilmember Bauer would like to explore public financing of campaigns. Noted that a number of cities have done this and curious if this has been explored. Asked if there is a contribution cap. Asked if there is a mechanism to provide funding to regular citizens who reach a requirement of getting a certain number of signatures. Response: Clarification from Assistant City Manager Powell that we do have a cap of $500 per individual per year for contributions. City Manager Slattery asked if Coucilmember Bauer meant using City funds to support certain qualifying candidates. City Attorney Luna will do some research, and will report back to Council.
Councilmember Bauer asked if the City would have a designated Sustainability Coordinator, considering the climate action plan and some of the discussions surrounding it, as well as a lot of other things that the City does. Saw that there was grant funding for a position specifically dedicated to implementing the climate action plan. Response: City Manager Slattery noted that when discussed Climate Action Plan, noted that this was something that the City is working on with the Humboldt County Association of Governments (HCAOG). HCAOG is looking into funding for more of a regional Sustainability Coordinator. City Manager Slattery also knows that the County is hiring a consultant to serve as a coordinator for the County. City Manager Slattery thinks that there will be a lot of happenings in the next month or two. Will do what Council would like to do, but want to make aware of items that are currently pending.
Councilmember Castellano, related to climate action plan, could like to have a committee working more deeply on Climate Action Plan to engage with community meetings, bring back to council. Response: City Manager noted that there is a scheduled meeting with a couple of County of Humboldt Board Supervisors to discuss some of the topics that have come up with regards to the Climate Action Plan topics, if Council would like, Council can designate two members to participate in those meetings. Councilmembers Castellano and Bauer are interested in joining. Meeting is happening quickly, staff will reach out shortly with details.
Update on project that City has been working on for over two years; the Hilfiker site that the City has been working in partnership with the Betty Kwan Chinn foundation for transitional housing. Went through zoning change for property on Hilfiker drive; adjacent to fire training facilities, that process took over a year. Sought encampment funding from Governor Newsome. Initial project included use of PG&E trailers to convert to housing units. Trailers caught fire, and are no longer usable. Sought funding; received $1.6 million in funding, $1.2 million is to go toward new units for housing. Went to competitive process. 38 units of housing and two units of common space will be delivered the week of October 16th. Public Works Director Gerving will be organizing a volunteer workday with local contractors and other volunteers. Will be working in partnership with Mercer-Fraser, and the construction technology program at College of the Redwoods. Volunteer build day will likely be Saturday, October 21st to assemble units. City Manager Slattery will be bringing back agreement with Betty Kwan Chinn for operation of facility.
Council Reports/City Related Travel Reports
Councilmember Castellano attended the Eureka Main Street meeting, would like to welcome the new board members and say thank you to the outgoing members; traveled to League of Cities Conference in Sacramento, elected as president of Redwood Empire division of League of Cities; continuing to hold housing meetings Mondays at 11:00; attended Humboldt Community Services District 2x2; attended the Humboldt Bay Fire meeting; is part of Livewell Humboldt; attended celebration of life for Richard Evans who contributed to arts and community locally and around California.
Councilmember Contreras-DeLoach attended League of Cities conference, there attended the Women’s Caucus meeting, attended meetings and presentations regarding finance and economics, specifically Adapting Main Street for a Changing Retail Landscape, and California Economic Forecast. Saw Bosscubes. Was Able to attend Annual Native American Day at Capitol. Got to speak at the Woman’s Club for National Day of Service; met with Marisa Formosa from Planned Parenthood, hoping to expand services into mental health, bill being considered to allow to provide referral for patients; got to do Pathway to Payday. participating in week without driving, or far less driving. Is a good reminder that it can be tricky to get around; would like to remind folks that Monday, October 9th is Indigenous People’s Day.
Councilmember Fernandez has been recuperating from injury in last few weeks. Currently participating in week without driving as best as able. Is more challenging than expected. Attended League of Cities in Sacramento, Workshops included building a culture of accountability and transparency with police department, building economically in challenging times, and how to solve big problems in small towns. Noted that there wasn't great consideration of rural and remote areas. Received anti-sexual harrassment training certificate. Had opportunity to attended Indigenous People's Day at Capital. Had discussion with local housing authority about their repositioning plan. Was not previously aware of how their current housing stock has aged. Going for grants to try to modernize and add about 150 additional units. Curious if that would add to the City's housing stock. Took opportunity to visit visiting cruise ships. Would hope that travelers would like to come into community. Attended round-table hosted by Decriminalize Nature. Attended Mental Health Town Hall on Children's Mental Health, someone from Eureka City Schools also attended and shared what they were working on, and the ideas that Two Feathers shared as well. Would like to work with city schools more collaboratively to put those programs together.
Councilmember Moulton attended recent Joint Powers Authority (JPA) joint meeting between City and Humboldt Fire District. It was very interesting; the agreement has been in place for 7 years, and reviewing existing agreement to keep organization healthy and productive. Have been working with constituents in the Second Ward about concerns regarding California Highway Patrol buying the Jacobs campus; working with people from the Ward to bring their concerns as the purchase is getting closer to finalization, will work to bring the concerns of the residents of the area as a major change is about to happen in the area. Was not able to attend League of Cities, but did meet international travelers at shop in Old Town. Had been reminded that Eureka is on an international port, had met travelers who were sailing from Alaska and Canada. Looking forward to 2x2 meeting with Chamber of Commerce as well as Arts Alive, there will be a Zombie Walk.
Councilmember Bauer was reminded by Councilmember Moulton that he had met and 18 year-old recent high school graduate biking from British Columbia to Mexico City. Attended League of Cities conference, was sworn in to serve on Board of Directors to represent Redwood Empire Region. Held Town Hall for Fourth Ward and County Board of Supervisor Arroyo's District, had a good turnout. Attended Hammond Park Block Party, and attended Big Brothers Big Sisters Cooper Gulch Clean Up. Was surprised by how little trash collected in park. Met with Planned Parenthood, also attended JPA meeting. Also participating in Week Without Driving, noted that it can be difficult when a family member gets sick.
Mayor's notes extended
Forgot to mention earlier, Mayor Bergel is also participating in the Week Without Driving, noted that it has been difficult to get to locations in time.
Next Mental Health Town Hall will be Saturday, December 2nd, on substance use disorder.
Mayor Bergel also completed her ethics training.
Adjournment
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Eureka City Council/Humboldt #1 Fire Protection District Special Joint Meeting
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City of Eureka: Mayor Bergel, Councilmember Castellano, Councilmember Moulton, Councilmember Fernandez, Councilmember Bauer, and Councilmember Contreras-DeLoach present.
Humboldt Fire District: Chair Wattle, Director Murias, Director Herbst, and Director Williams present.
Public Comment
No comments
Humboldt Bay Joint Powers Authority Study Session
Presented by Fire Chief Sean Robertson, Finance Director Lane Millar, and Consultant Stewart Gary of Citygate Associates
Primary goal of the meeting is to cultivate an equitable relationship between two parent organizations, City of Eureka and Humboldt #1 Fire Protection District, to enhance the longevity of the Joint Powers Authority (JPA), ensure financial sustainability for foreseeable future.
Achieve this goal by promoting fairness and balance in partnerships and operations, establish foundation to support the organization’s growth, resilience, and success.
Ground rules for this historic first joint meeting of the parent entities of the JPA; this is an open discussion of issues and solutions, no expectations of immediate resolution or unanimity. Here to introduce and discuss potential cost sharing ratios.
History of the JPA
Took 40 years to get to this point, beginning with a Joint Fire Services Committee
Created Auto Aid agreement in 90s which dropped response barriers for each agency, agreement to help each other out, no matter where it was in jurisdiction. This pushed efforts to consolidate forward, Joint Fire Services Committee provided reports in 1993 and 2003 to City Council and Humboldt Fire District boards, faced challenges to consolidate at those times.
Standards of Coverage study presented in 2007, this study was prepared by Citygate Associates.
Specific consolidation study presented in 2010, foundational document for JPA:
Included template JPA agreement and merger models. Consultant Gary to discuss what has changed in intervening years.
Why JPA Revisions
JPA agreement originally written to be adapted as conditions change. Designed in 3 phases with periodic revisions built in, 3 phases since accomplished.
Revisions in 2018 addressed what would happen with employees in event of dissolution of JPA, defined finance director and treasurer duties, revised budgeting process. These revisions were ratified by council and district.
Revisions in 2019 addressed excess revenue sharing and reserve apportionments, not ratified but put into practice.
Staff has been working to identify and address issues, including how to handle excess revenue and reserve allocation.
Goal of having full parent organization meeting is to engage all members in revisions, to ensure full understanding of how JPA functions. Ours is a unique entity, few other JPAs exist in California between fire districts and cities.
Outline planned by Fire Chief and Finance Director, began with 2x2 meetings with members from City Council and Humboldt Fire District Board. Feedback indicated meeting should focus on cost allocation ratio, as this decision will drive all other items. Staff worked with Citygate to develop best practices for this step.
Why are JPA, why to remain JPA
Reasons identified in 2010 study, hold true to today: redundant services only separated by political boundaries, cost savings with merged administration, enhanced customer service with fully merged operations, enhanced recruitment abilities, improved training and operational functions. City and Humboldt Fire District have been very successful together. Level of training, professionalism, and cohesion is much greater now than before consolidation.
Funding from parent agencies
City allocates from General Fund, primarily on revenues generated from sales tax. Humboldt Fire District pays from General Fund, from property tax and benefit assessment revenue. Each parent agency contributes; City 65%, District 35%, this rate is determined by current cost allocation ratio.
Current state of JPA
Minimum staffing currently is 56.5 FTE (one part-time inspector), down from 63 FTE. All reductions at chief level, from 2011, assistant and battalion chiefs.
2023-2024 budget is $10.3 million, with approximately $2.5 million in reserves.
Services now include incorporated medic program that was initiated on Humbolt Fire District side, enhanced capabilities for medical calls for service, make up approximately 60% of calls for service. Developed water rescue team and volunteer dive team, search and rescue, community CERT volunteer group, among others.
Cost Allocation Ratio
Presentation from Stewart Gary, Citygate Associates. Stewart is a retired fire chief and has worked with creating and dissolving unique JPAs in California.
Generically, two entities under JPA share something, and must determine how to allocate cost. Components to consider when determining allocation include calls for service, population, stations and staffing, assessed value can be used, but may be lopsided when comparing property values in rural versus urban areas.
Firefighting isn’t expensed by the times used, it is a safety blanket for the community and a standby service to be available for emergency, not provided to minimum number of calls.
Current components to cost allocation:
- Calls for service (double weighted)
- Population
- Personnel in stations
- Uncertain methodology for selection of current cost ratio, do not have complete historical data for this decision--staff could not find in digital or written archives
Blended rate in 2010 study recommended at 61%/39%, which is closer to the current suggested goal rate of 60/40 split.
Fire JPA Cost Sharing Common Practices
Viewed as fair for both hard costs and intangibles, and should stand test of time and common sense, can withstand evolvement of agencies
- Typical measures
- Population
- Assessed value
- Calls for service
- Counts of station, personnel
Blended measure formulas are common, and provide for differences in consumption of services
Financial Analysis Review
Staff built two models, JPA cost and standalone cost for City and Humboldt Fire District. Reviewed by Citygate, found models meet best practices.
Seven service cost ratios %/% (city/district), do include assumptions of what costs will be based on historical information
- General fire admin 100/100
- Battalion Chief FTE 62.5/37.5
- Some admin staff 33/67
- Line firefighter staffing 62.5/37.5
- Cost of payroll benefits 60.06/39.94
- Number of stations 60/40
- Number of incidents 72/28, this is an illustration of zoning as the city is denser than the Humboldt Fire District
Operational costs excluding shared or City overhead services, City is stretching existing overhead and personnel to meet JPA needs, and unable to quantify all costs. Citygate believes costs ratios are well grounded.
Using above metrics and adopted budget, total operational costs ratio 60.2/39.8. Divorce costs may not include costs of services that would need to be contracted by Humboldt Fire District. Requirements from state and federal governments for fire service minimum headquarters unit means that any headquarters has capacity to handle 8-10 stations. If there are only 2-3 stations, results in much higher duplicative overhead expense if JPA is severed.
Staff will continue to review finances and report
Financial Analysis Impact
Changing any cost allocation ratio in budget that is over $10 million means that small changes can have significant financial impacts. Going from 65%-35% cost sharing to 60%-40% is not likely in the short term. The purpose of this exercise is to determine most equitable split, and in the best interest to produce long-term financial plans to help understand the consequences of 60/40 ratio. The plan will produce a policy for capital reserves, a fund balance policy, and a pension policy. Staff will bring the report back for input and correction. After approval, bring to agencies for adoption
Questions
Councilmember Fernandez asked that, understanding issues with locating historical documents, were other alternatives considered besides JPA. Answer: three models were analyzed in consolidation study: JPA, annexation, contract for services. Contract for services shifts all control to one entity—prior to that there had been talks with Calfire, then known as CDF, but not aware of discussions with other service providers. The issue with contract is that shifts complete control to one entity and was not seen as a good outcome at the time. Annexation, of City by Humboldt Fire District, would not generate enough property tax revenue.
Director Williams asked for clarification of what a fund balance is. Answer: Fund balance is another word for ‘reserves’, money set aside for a rainy day.
Director Williams noted that there is a capital reserve policy and a fund balance policy, and asked if those were the same thing. Answer: One is dedicated to operations, the other is for replacing items like engines. The fund balance policy also is where to discuss how to handle excess revenue, which has been a source of inequity in the previous 7 years—no fair mechanism for how to handle excess. This policy would establish a fair mechanism.
Councilmember Fernandez asked where are cost adjustments would be made to move from the current 65/35 split to the goal of the 60/40 split. Answer: those decisions would be made in the building of the strategic financial plan. This discussion is for guidance, to bring the general proposal to both entities, and if everyone is open to the idea, staff would bring specific proposals for a transition plan incorporating policy and agreement revisions to the JPA for review, correction, and further direction. Specifically, there are adjustments on the Humboldt Fire District side that can be made, as well as the City side. Staff does not want to focus on details at this meeting, but instead come back and present the proposed plan. Plan would have options over 3 and 5 years. It is the opinion of staff and the consultant that this transition is doable, sustainable, and the long-term outcome would be better for both entities.
Councilmember Fernandez clarified the purpose of the meeting. Answer: Determine that the separate entities are okay with direction and work and thought put into work so far, that it is logical and can withstand tests of time. Additionally, these types of maintenance should be occurring more frequently down the road.
Councilmember Castellano asked if there had been projection of the different tax revenues into the future, and how this change in cost sharing would be affected in the future. Answer: that kind of projection would be part of the analysis presented to the JPA in the financial plan. Would look backwards to see what could be expected going forwards—not a perfect method but is best practice. With enough history, can get a good idea about growth for both parent entities
Councilmember Castellano noted that timeline would be related to analysis. Answer: Last three years have been challenging to establish projections into the future, issues at the county level with the Auditor-Controller's office have meant that budget projections have not been accurate. Luckily, inaccuracies have been in the favor of the Humboldt Fire District; have been receiving more funds than what had been budgeted for. Reviewing other tools to produce a better projection. Have not done a specific financial analysis for the JPA in the time of the organization, and the work done up to now has prepared to get to the place to start the work. Consultant added and clarified that what the staff is suggesting is best practices. Should renew and review cost allocation every 3-5 years. The district is a more constrained revenue ecosystem and should have 5-year projection and reserves policy to say that the JPA cannot charge more than Humboldt Fire District can afford, to also keep minimum safe reserves, and to replace or repair major equipment at regular intervals. Humboldt Fire District must be solvent to include those issues. If Humboldt Fire District has period where excess funds are collected, or there is a deficit of funds from a drop in property tax revenues, there should be policy to refer to. Staff will take strategic multiyear review of revenue, allocate reserves for emergencies separate from planned replacement of big-ticket items, and is part of multiyear model. Humboldt Fire District is constrained, cannot set tax rate year over year to respond to actual needs of JPA or Humboldt Fire District, and has fixed pool of parcels to generate revenue. If there is not a 5-year plan, the JPA would not know if they are spending too much cash.
Councilmember Castellano asked about the effects of changing wildfire in region, is there cost assessment of the needs to support the region in increased response to wildfire, is there a need to build up staffing or infrastructure to responding to greater need. Answer: on the local level, need to maintain capacity to respond to other areas to offer mutual aid. Are seeing effects of climate change, having more fires in the county, and more fires in more populated areas. Humboldt Fire District has a water tender and wildland engine, they are needed in outlying areas. Apparatus replacement is projected to meet increasing need. Working with Office of Emergency Services, OES is preparing for increased need, emergency shelters, and planning escape routes. Having global perspective of county’s capacities and needs will be relevant to the needs of the JPA
City Manager Slattery noted that the staff has worked very hard in the last few months together, is truly impressive and is appreciative of Director Millar and Chief Robertson. JPA Chair Wattle agreed
Councilmember Castellano asked if the members of the Humboldt Fire District agree about the proposed change in cost-sharing ratios. Vice Chair Murias responded that the change is necessary to keep the marriage of the two entities alive, and that it is inevitable. Chair Wattle noted that the Humboldt Fire District has more growth and growth opportunities than the City, and that the cost sharing allocation has not been revisited in that time and Chair Wattle is in support. Vice Chair Murias noted that the JPA has been in effect for 7 years, and it is time to review the cost allocations. Secretary Herbst believes that this is a good move, but would like to see numbers, and would like to make sure that any change is sustainable for both the District and the City. Director Williams noted that he has seen the population increase in the Humboldt Community Service District and describes it as an insignificant change and has reservations about adjusting the cost sharing beyond what the Humboldt Fire District can afford. Noted that Humboldt Fire District is losing fire staff to agencies that are paying more. He personally believes that the pay should be raised for fire staff and is concerned that would not be able to be accomplished by increasing cost allocation from Humboldt Fire District to JPA. Would also like to understand what portion of the City’s sales tax revenue is paid by Humboldt Fire District residents, and if that could be considered in the cost sharing portion. [Note: it is not possible to track which residents are paying what portion of sales tax; that is not information that is gathered by either the State, or by retailers who remit sales tax to the State for distribution.] Director Williams is not opposed but has concerns about sustainability and the abilities of Humboldt Fire District to meet increased costs. Chair Wattle responded to Director Williams that increasing the share of the cost of the JPA to Humboldt Fire District would not limit the ability to raise wages for fire staff, as the wages are an external cost, and the cost sharing is an internal cost. Chief Robertson noted that sustainability is a necessity for the JPA to function, and everyone would like to know what the numbers are, that is how the JPA will make decisions. Chief Robertson also noted that a transition plan is important, and that staff is not interested in creating a cost share that is not sustainable by either parent entity. What is being reviewed is opportunities for both parents to enable sustainability to be done in different ways. Staff will be able to present more information at the next regular JPA meeting and can take direction after that discussion. A goal of strategic financial plan is to provide competitive pay to employees. Chief Robertson is optimistic about the plans based on relationships that have been built, and the desire to codify the items that have not yet been codified.
Councilmember Bauer remarked that he appreciates and respects the work that has gone into the JPA to make an equitable path to fund the shared agency and understands that there is a long way to go still. Councilmember Bauer is concerned that discussion of how each entity spends their own tax revenue within each entity is a divisive issue and does not want to see that being brought into the discussion. Is confident that the agencies can work together to find the best way to fund the JPA.
Public question asked how often this would be revisited. Answer: the agreement would be revisited every 3 years. Have not happened since formation of JPA due to circumstances. Consultant also responded that erosion could happen in time spans, and that meeting every three years is a truing up of policies. Slattery also responded that setting policy is important for if there are points in the future where there isn’t the same type of relationships between staff, boards, and members.
Public comment noted that in the time since the JPA was established, no one who was in leadership at that time is in leadership now, and some items were taken for granted at that time. Had a lot of change in leadership in the time since. Now with stable board and city council, believes that the leadership sees the benefits of this merger. [Unintelligible comment]
Next Steps
Staff will bring plans to the JPA at the next regular meeting for review and direction.
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Agenda Summary - Regular City Council Meeting - October 3rd, 2023
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Attend the meeting:
In person
via Zoom online, Meeting ID: 820 1614 9675 - Passcode: 503858, Phone +1 669 900 6833 Meeting ID: 82016149675#
via phone 707-441-4243
Or watch online
View the Agenda - Mayor & City Council Contact and Information
Mayor's Announcements
Presentations
Volunteer Month Re-Cap
Public Hearings
September 2023 Zoning Code Update
Attachment 2 - Draft Ordinance
Consent Calendar
Notice to the Public: All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Pursuant to City Council Resolution 2011-22, if a member of the public would like an item on the Consent Calendar pulled and discussed separately, the request shall be made to a Councilmember prior to the meeting. Unless a specific request is made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.
Approve City Council regular minutes of 9/5/23 meeting and City Council/HFD #1 Joint special meeting of 9/26/23
Hill Street and McCullens Avenue Pump Stations Equipment Purchase
Washington Street Pump Station Pump Upgrade Project Acceptance
Board and Commission Appointment
Ryan Douglas Cameron, Design Review Commission, Term Date 1/1/2025
Approval of Final Maps for Bode Major Subdivisions
Attachment 1 – Subdivision A Resolution
Attachment 2 – Subdivision B Resolution
Attachment 3 – Subdivision A Final Map
Attachment 4 – Subdivision B Final Map and Dev Plan
City Manager Reports
Council Reports/City Related Travel Reports
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Regular City Council Meeting - September 5th, 2023
Share Regular City Council Meeting - September 5th, 2023 on Facebook Share Regular City Council Meeting - September 5th, 2023 on Twitter Share Regular City Council Meeting - September 5th, 2023 on Linkedin Email Regular City Council Meeting - September 5th, 2023 linkMayor Bergel presiding; Councilmembers Moulton, Bauer, and Castellano present in Chambers. Councilmember Contreras-DeLoach attended via video conference, and Councilmember Fernandez was absent.
Report out of Closed Session - Watch
No reports out of closed session.
Mayor Bergel recognized and honored the work of previous Transportation Safety Commission member Caroline Chaffin-Brooks' service to the community and to the City. She also awarded a certificate of recognition to her family.
Mayor Bergel thanked constituents who challenged the Mayor and other City officials to bike and walk to work where possible. Mayor Bergel had been doing so and has enjoyed the experience.
Mayor Bergel attended Wiyot Days and encouraged everyone to check it out, it was a very special exhibition of indigenous culture.
Proclamations
Coastal Cleanup Month, September 2023 - Watch
Read by Councilmember Bauer, presented to representative from Northcoast Environmental Center.
Suicide Prevention Week, September 10-16, 2023 - Watch
Read by Councilmember Moulton. The proclamation was presented to Jacob Rosen, Managing Mental Health Clinician for Crisis Alternative Response of Eureka and Paul Bugnacki, Deputy Director of Behavioral Health at County of Humboldt Department of Health and Human Services. Bugnacki shared how important it is to recognize the importance of suicide prevention at the city level, and shared some of the resources that DHHS has for the community, including lock boxes for medications and weapons. Heather Frietas from American Foundation for Suicide Prevention also spoke and shared about an upcoming community event.
Week Without Driving, October 2-8, 2023 - Watch
Read by Councilmember Castellano, presented to Colin Fiske from the Coalition for Responsible Transportation Priorities. Fiske shared information about the upcoming nationwide Week Without Driving event, and shared what the idea behind the event is, and invited the public to participate.
Several community members shared their support of a City ordinance decriminalizing the use of psychedelic plants and fungi. Many community members shared their personal experiences with therapies involving substances and presented Council with signed letters supporting this cause.
Members of the public shared their support for the proclamations, including Suicide Prevention Month. These members share how suicide has affected their lives.
Other community members shared their concerns about incidents outside of City limits and beyond the scope of the City Council.
A commenter requested a copy of a survey conducted for the City. Public records are available in the online City of Eureka archive. Public Records Requests may be submitted online or at the City Hall Front Desk during regular business hours.
No items requested to be pulled from the consent calendar. Consent calendar approved as written with four Yes votes.
No items for legislative action correspondence.
Three ordinances were before the council to amend, adopt, and repeal. All three items had been before the council previously for review and proposal of any changes, and video from those council meetings are listed below. No changes were proposed for any of the items, and they were voted on separately. All items passed with four Yes votes. After adopted ordinances are signed, they will be assigned a number and available for view in the online City archives.
Recommendation: Receive report
Chief Jarvis presented crime statistics from new crime reporting standard. Noted that because changing from one model to another more detailed model, will make comparisons more difficult. Previous model had only allowed for one type of charge to be reported per incident, and not all of the charges that occurred in an incident.
Council asked clarifying questions about the statistics outlined by the report.
Chief Jarvis also reported on cameras in use by the City. There are three locations with fixed cameras. Those locations did capture video one assault, one robbery. Able to send camera footage to FBI for video enhancement to get better view of what did occur.
Mobile cameras placed per complaint or officer recommendation basis. Have seen a reduction in calls for service in areas where cameras are placed. Cameras are not monitored around the clock, but data will be retrieved as needed for specific time frames. Mobile camera placed at Sarah Bareilles concert allowed faster emergency response when medical emergency in crowd, able to reduce response time by considerable amount. Have seen lasting effects when cameras are placed in different areas. Mobile camera that had been significantly damaged is now repaired and back in action.
Council Questions & Comments
Councilmember Bauer recognized that there are people in the community with privacy concerns, and asked how long data is stored. Answer: Per City ordinance, 90 days unless required as part of an investigation.
Councilmember Bauer asked if data is shared without prompting or request. Answer: Data is only shared for a specific crime and specific suspect. Would not respond to requests to just view who appeared on video footage unless looking for a specific person.
Councilmember Moulton noted that there is a mobile camera on the street where she resides and had heard that cameras were activated by noise level. Asked if cameras were triggered by anything other than a report to send a notification or something similar. Answer: Cameras are recording all the time. Mobile cameras have ability to set an infrared zone, and if something enters that zone, the camera will make an automatic recording of that event. If there is a call in to Eureka Police Department for an incident or call for service for suspicious activity that occurred where the cameras are monitoring, Eureka Police will then reach out to the company and request video data for the timeframes requested.
Contreras-DeLoach commented that she appreciates the presentation and believes that the new reporting model will better serve the community and provide a better picture
Recommendation: Receive report, adopt policy presented, and authorize City Manager to sign agreement for Portfolio Line of Credit
Finance Director Lane Millar presented the proposed policy to council. Objectives of policy are to invest “idle funds” or funds in excess of the cash reserves needed for operations; to insure availability of funds, determined by cash flow analysis of funds to avoid overextending in investment; to be mindful of liquidity, or how easily investments can be turned back into cash; to choose a yield rate that is most beneficial to City, by finding the investment product that gives the best return. Policy also requires monthly reporting of investments to Council.
Prudent Investment Standard is required by State government code. This standard requires that the City’s money is handled responsibly. These standards include limits on how long money can be invested, how much can be invested in different risk levels, and that investment products meet the minimum quality rating required and is allowed by the State government code.
The City’s idle funds are currently only invested in the Local Agency Investment Fund (LAIF). Would like to invest in Treasury bonds. Treasury bonds meet all the standards required by State government code. Policy would authorize specific products with specific maturity lengths.
Portfolio line of credit is ability to draw against funds in portfolio without liquidating assets and losing return on investment. Is a strategy for accessing cash in an emergency and can avoid costs if funds are paid back in the statement period.
Council Questions & Comments
Councilmember Castellano asked if the portfolio line of credit would reduce the rate of return. Answer: it would if credit requested is not paid back within statement period, that will reduce the rate of return, and would get charged interest. Interest rate with PLOC is more favorable than other lines of credit.
Councilmember Castellano asked if will stack different investments with different maturity date. Answer: Yes, typical strategy would be to weigh the number of investments based on the return rates of today, but also keeping in mind that when investments become liquid, may not have same investment opportunities as did when investment started.
Councilmember Bauer asked if the City had opportunity to invest in something other than LAIF before. Answer: Yes, have had other investments in other agencies, but treasury rates had not been this high previously. In future, would be good to have investment advisor help review navigate beyond treasury bonds.
Council voted to adopt policy and authorize City Manager to sign agreement for Portfolio Line of Credit; four Yes votes.
Recommendation: Approve a Memorandum of Understanding (MOU) with Rural Communities Housing Development Corporation (RCHDC) establishing terms and understanding between the City and RCHDC concerning the development, construction and operation of affordable housing on City owned property.
City Manager Slattery reported on timeline of Housing Element and which City-owned parcels are slated for housing development. Referring to “Sunset Properties” between Harris and Henderson Streets, to the west of Fairfield Street. Housing element was officially updated to include these properties and allows for City to work directly with developer who meets housing element requirements. Currently working with Pacific Affiliates and RCHDC to establish guidelines for MOU.
Main requirements are that RCHDC and City hold public meeting and notice community members in area surrounding Sunset Properties to allow for input when developing properties to meet housing development goals. Meeting should be listening session without preconceived conceptual designs to communicate number of units, timeframes, and receive feedback from neighbors. After receive input, RCHDC should address concerns raised from community, and then bring design to council after including community input. After receiving input from Council, then go through process of developing housing.
Council Questions
Council has no questions.
Public Comment
Community members spoke in support of this MOU. Community member from Redwood Coast Regional Center had worked with RCHDC in securing funding for projects in Mendocino and Lake counties and would have funding available that RCHDC can apply for. Community member also spoke, sharing full support of housing development.
Council Comment
Councilmember Castellano commented very excited for development, shared that would be behind any opportunities for home ownership for residents.
Moulton appreciates that public input is written in as part of development process, specifically before the plans come to council and too late for changes.
Council voted to approve MOU; four Yes votes.
No items for future agenda items.
City Manager Slattery announced of press release, Affordable Housing Sustainable Communities Grant awarded $30 million to City of Eureka and Linc Housing.
Recreation Report Summer 2023 and Community Services Department from Jim Thomas, Community Services Recreation Supervisor
View Get Out and Play Day video from presentation
Shared report of events hosted over the summer by the City, including ongoing and new events. Summer started with Forest Moon Festival. About 800 people in attendance, including a family that drove all night to get to event. Successful RC Car event, in partnership with 707 Humboldt RC Group at Municipal Auditorium, with about 225 people in attendance. This event was successful and would like to have more in coming months. 9th annual Get Out and Play Day had about 2000 participants across all events. Summer camps had full enrollment except for one week. First year for Volleyball Camp, will be bringing back. Skate Nights in July had 18 kids and 54 adults attend. August Trash Bash, event in partnership with S.T.I.L. and PacOut Green Team from Pacific Outfitter. 36 people attended, removed 2,600 pounds of trash from waterfront trail near Walmart, over 90,000 pounds of trash removed since 2017 from waterfront trail and surrounding areas. 31 teams and 4 divisions in Adult Softball League. Is a very consistent, well-run program, as are Community Fitness programs at Adorni Center. Drop-in sports at Adorni Center have been successful.
Currently in Volunteer month, volunteer events each Saturday. Upcoming events include adult sports, Women’s Volleyball and Men’s Basketball starting up. Outside the Box After School Program started up, do have some openings. Will have recreation survey, looking for input from community regarding how to better serve community with current programs and new programs.
Shared future programs that are in the works, including environmental education programs, developing a team program, increase usage at Cooper Gulch site, a new approach and timing for the Youth Council program, as well as a winter Pickleball tournament.
Council Questions & Comments
Councilmember Moulton asked if Outside the Box program provide transportation to students. Answer: Does not come with transportation, does work with the schools in proximity to zoo, Washington, Cutten and Ridgewood elementary schools.
Councilmember Moulton asked if there are scholarships available, or is the program free. Answer: Does not believe there are scholarships available. City Manager Slattery did share that City employees do have an employment benefit of reduced cost at Outside the Box. City Manager Slattery suggested bringing up transportation in upcoming meeting between Councilmembers and Eureka City Schools about adding City After School programs to bus route. Had been done that way when Cooper Gulch hosted after school program.
Councilmember Castellano commented she had been working with Community School Advisory Panel working group, could be collaboration opportunity between City and the panel and possibly funding opportunity for some programs.
Councilmember Bauer thanked Community Services Recreation Supervisor Thomas and staff for work at Get Out and Play Day.
Mayor Bergel asked if costume drive would happen this year . Answer: The costume drive is a Community Access Project for Eureka (CAPE) program, CAPE does work with Community Services for costume drives, as well as gift drives during the holidays. Cape Costume Drive Information. City also collaborates with Rotary to do a gift drive for a family in the CAPE program, and City employees contribute to a gift drive for children in the CAPE program, for the Christmas holiday
Mayor Bergel expressed gratitude for work done in all the programs.
Public Comment Continued
No additional commenters.
Councilmember Castellano attended Community Economic Resilience Consortium meeting where California State Senator McGuire spoke about his priorities. Attended Humboldt County Association of Governments meeting. Attended Workforce Development board meeting—not a part of Council duties but it does pertain to developing workforce opportunities in the region. Attended CalCities Redwood Empire Division meeting. Attended Humboldt Transit Authority special meeting. Attended Eureka Main Street general meeting. Was elected to state Cal Non-Profits board, is not part of Council duties but will represent community. Attended recent Festival of Dreams. Held housing meetings. Went to union Labor Day picnic, attended Community School Advisory Council.
Councilmember Contreras-DeLoach been sick for a while. Met with concerned citizens about different local issues. Met with local churches and worked with City Manager to help them participate in food bank and services for community. Met with Clark Museum board about future plans. Attended Advance Native Political Leadership forum on building inclusive ecosystem approach to politics—is not a part of Council duties but will inform service on Council. Attended Friday Night Markets and Arts Alive, and attended Festival of Dreams.
Councilmember Moulton attended Arts Alive, and encourages public to see art exhibit of "30,000 Salmon" at Morris Graves Museum of Art. In the Second Ward, the South Eureka Neighborhood Alliance hosting Zoom call with Sargent Harvey from California Highway Patrol regarding potential purchase and plans for Jacobs campus. Will be attending meeting between Chamber of Commerce members and Councilmembers. Will be attending League of California Cities Meeting.
Councilmember Bauer attended Friday Night Markets. Attended Coast Guard Appreciation dinner at Elks Lodge. Will be hosting Town Hall meeting with County Supervisor Arroyo at Sequoia Park Gazebo, 5:30 on September 18.
Mayor's Announcements, Continued - Watch
Mayor Bergel added to her Mayor’s Announcements that she got to serve dinner at McKinleyville and Samoa Coast Guard Bases with Economic Development Project Manager Asbury, and share appreciation of the Coast Guard and their service to the community.
