City of Eureka, CA
City Council Regular Meeting
Tuesday, July 18, 2023
6:00 PM
COUNCIL CHAMBERS, 531 K STREET EUREKA, CA 95501
AGENDA
ELECTED OFFICIALS
Mayor Kim Bergel
Councilmember Leslie Castellano, Ward 1
Councilmember Kati Moulton, Ward 2
Councilmember G. Mario Fernandez, Ward 3
Councilmember Scott Bauer, Ward 4
Councilmember Renee Contreras-DeLoach, Ward 5
HOW TO PARTICIPATE IN THE CITY COUNCIL MEETING
Pursuant to the Brown Act, public meetings will be conducted both in person and telephonically through Zoom. The City Council Chambers are open to the public. If you cannot attend in person and would like to speak on an agenda item, you can access the meeting remotely:
Join Zoom Meeting
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Passcode: 503858
Or join by phone:
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Meeting ID: 82016149675#
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.
PUBLIC COMMENT
(Limited to 3 minutes each speaker on Closed Session items only) CLOSED SESSION - 5:00 P.M.
If closed session items cannot be completed by 5:55 P.M., they will be continued at the conclusion of the regular agenda, provided there is time. If time does not allow then those closed session items will be continued to the next regular meeting.
Public Employee Performance Evaluation - City Attorney, City Clerk & City Manager Pursuant to section 54957.6 (b) (1) California Government Code Conference with legal counsel - existing litigation
City of Eureka v. Nancy Baker
Humboldt County Superior Court Case No. CV2300888
Pursuant to California Government Code Section 54956.9 (d) (1) Conference with legal counsel - existing litigation
City of Eureka v. Nancy Baker
Humboldt County Superior Court Case No. CV2201830
Pursuant to California Government Code Section 54956.9 (d) (1) REGULAR SESSION – 6:00 P.M.
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT OUT OF CLOSED SESSION
A. MAYOR’S ANNOUNCEMENTS
A.1. Disability Pride Month - Proclamation
20230718_Disability Pride Month
A.2. Gratitude to City of Eureka Staff-Proclamation
20230718_Gratitude to City of Eureka Staff
City Employees July Events
B. PRESENTATIONS
B.1. Redwood CORE Hub
C. BOARD/COMMISSION REPORTS
D. PUBLIC COMMENT PERIOD
This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. City Council policy is to limit each speaker to three (3) minutes. Such time allotment or portion thereof shall not be transferred to other speakers. The public will be allowed to speak concurrently with the calling of an agenda item following the staff presentation of that item. Pursuant to the Brown Act, the City Council may not take action on an item that does not appear on the Agenda.
TIME ALLOTMENT FOR PUBLIC COMMENT ON NON-AGENDA ITEMS: A maximum of thirty (30) minutes shall be allotted to receiving public comments at the initial public comment period.
If necessary, an additional period shall be allotted to public comments after City Manager Reports, but only if the first 30-minute Public Comment period was not sufficient to allow all those who wished to speak to do so.
E. PUBLIC HEARINGS
Public Hearings are scheduled for a time certain of 6:00 P.M. unless noticed otherwise, or as soon thereafter as possible.
E.1. Appeal of Revocation of Permit to Maintain a Massage Establishment and Appeal of Revocation of Certificate of Registration
Recommendation: Hold a Public Hearing; and
Make Findings of Fact and Adopt a Resolution of the City Council Affirming the Permit and Certification Revocation by the Chief of Police (attached); or Direct Staff to Prepare a Resolution Consistent with the City Council’s Findings After Hearing to Reverse the Revocation by the Chief of Police.
Agenda Summary _Sunshine Appeal
Attachment B.pdf
Attachment C
Attachment D
Resolution_Massage Establishment Permit Revocation
F. CONSENT CALENDAR
Notice to the Public: All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Pursuant to City Council Resolution 2011-22, if a member of the public would like an item on the Consent Calendar pulled and discussed separately, the request shall be made to a Councilmember prior to the meeting. Unless a specific request is made by a Councilmember, the Consent Calendar will not be read. There will be no separate discussion of these items.
F.1. Council Minutes
Recommendation: Approve the City Council regular minutes of June 20, 2023 as submitted. 20230620_Minutes_Regular
F.2. Habitat Conservation Fund Program Resolution
Recommendation: Adopt a Resolution of the City Council approving the application to the Habitat Conservation Fund for Camp Cooper.
HCF Agenda Summary
FINAL Resolution - Habitat Conservation Fund.docx
F.3. Legal Services Agreement
Recommendation: Approve the updated legal services agreement with Robert N. Black Agenda Summary _Legal Services Agreement RNB
Assistant CA Agreement
G. LEGISLATIVE ACTION CORRESPONDENCE
Authorize the Mayor or the City Manager to sign correspondence on behalf of the City Council to support/oppose legislation or administrative rules proposed or pending action at the County, State or U.S. government levels.
H. ORDINANCES/RESOLUTIONS
H.1. Clarke Annex Property Surplus
Recommendation: Adopt a resolution of the City Council finding the surplus by the City of Eureka of the Clarke Annex Property is exempt from CEQA and declaring the Clarke Annex Property surplus land.
Agenda Summary
Attachment 1 - Resolution
Attachment 2 - File 2.01 Sale of City-Owned Real Property Attachment 3 - PC Resolution No. 2023-20
H.2. Carriage Property Surplus
Recommendation: Adopt a resolution of the City Council finding the surplus by the City of Eureka of the Carriage Property (APN 001-011-021) is exempt from CEQA and declaring the Carriage Property surplus land.
Agenda Summary
Attachment 1 - Resolution
Attachment 2 - PC Resolution No. 2023-19
H.3. Award Bid No. 2023-21 for Affordable Housing Projects on City-Owned Properties II Recommendation: Adopt a “Resolution declaring Eureka Community Partners the preferred proposer of BID No. 2023-21: Affordable Housing Projects on City-owned Properties II, Parking Lots at 5th and D Streets and 6th and L Streets Request for Proposal (RFP); finding the project to develop affordable housing at Sites City-4 and City-5 exempt from CEQA; and authorizing the City Manager to proceed with a Memorandum of Agreement.” Agenda Summary
Attachment 1 - Scoring Matrix
Attachment 2 - Eureka Community Partners
Attachment 3 - Danco
Attachment 4 - Wiyot_Dishghamu
Attachment 5 - Income Limits
Attachment 6 - CEQA Exemption Memo
Attachment 7 - Resolution
H.4. Parking Improvements 2023 - Bill No. 1028-C.S.
Recommendation: Waive full reading, read by title only and introduce Bill No. 1028-C.S., an ordinance of the City of Eureka amending the Eureka Municipal Code Title 7, Chapters 70 and 72 pertaining to parking; and
Approve improvements to parking in the Old Town/Downtown District Agenda_Summary_Parking_Improvements_2023
Bill_No._EMC-_Parking_Amendments-SE
I. REPORTS/ACTION ITEMS
I.1. Waterfront Eureka Plan Public Review Draft
Recommendation: Receive report and provide comment.
Agenda Summary
Attachment 1 - WEP Public Review Draft
Attachment 2 - WEP Appendices A and B
I.2. Diversity Equity & Inclusion Plan - Final Report
Recommendation: Receive report on progress of the City’s Diversity Equity and Inclusion (DEI) Plan.
Agenda Summary_DEI Final Report
[June 2023] Fogbreak Eureka Final City Council Presentation [May 2023] Eureka Final Final Report
I.3. Herrick Overpass Gateway
Recommendation: Select and approve one artist for mural portion of the Herrick Overpass Gateway project.
Agenda Summary_Herrick Overpass Gateway
Attachment 1. Herrick Overpass Mural Top Three Proposals.pdf Attachment 2. Herrick Overpass Mural Public Poll Results and Feedback J. FUTURE AGENDA ITEMS
This is an opportunity for Council Members request an item be placed on a future agenda for discussion or consideration. Direction to staff for placement of the item must be by majority consensus.
K. CITY MANAGER REPORTS
L. PUBLIC COMMENT CONTINUED
This is a time for public comment to continue should comments exceed the 30 minutes allowed at the beginning of the meeting.
M. COUNCIL REPORTS / CITY-RELATED TRAVEL REPORTS
ADJOURNMENT
If open session items cannot be completed by 9:30 P.M., the meeting may be adjourned to the next regular meeting or Council may vote to extend the meeting.
NOTICES
The numerical order of items on this agenda is for convenience of reference. Items may be taken out of order upon the request and consensus of the Mayor and Council.
Any writing that is a public record not exempt from public disclosure and relating to an agenda item for open session of the City Council is available for public inspection at the Office of the City Clerk, 531 K Street, Eureka, CA 95501.
The meeting rooms are ADA accessible. Accommodations and access to City meetings for people with special needs must be requested of the City Clerk at 441-4175 72 hours in advance of the meeting. This agenda and other materials are available in alternate formats upon request.
All persons in attendance at public meetings are requested to observe the following rules of civil debate:
1. We may disagree, but we will be respectful of one another.
2. All comments will be directed to the issue at hand.
3. Personal attacks are unacceptable
4. Applauding or other displays of approval/disapproval are discouraged.
Regular City Council meetings are broadcast live by Humboldt Access on Cable Channel 10 and live streamed on the City's web site at www. ci.eureka.ca.gov.
To minimize distractions, please be sure all personal communications devices are on silent mode.
Questions? Please e-mail [email protected] or contact the City Clerk's office at (707) 441-4175.