City of Eureka, CA
City Council Regular Meeting
Tuesday, August 01, 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
https://us02web.zoom.us/j/82016149675?pwd=N1JNZERDRjhtUXJoZkFUdzI5RTNJUT09 Meeting ID: 820 1614 9675
Passcode: 503858
Or join by phone:
+1 669 900 6833
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.
Conference with legal counsel - existing litigation
ESKO HAYNES-TOLLEY, a minor, by and through his Guardian ad Litem, MATT TOLLEY and MONICA HAYNES, an individual, v. City of Eureka, Does 1 through 50, inclusive Humboldt County Superior Court Case No. CV2201580
Pursuant to California Government Code Section 54956.9 (d) (1) Conference with legal counsel - existing litigation
Citizens for a Better Eureka vs. City of Eureka City Council, Does 1 to 10 Humboldt County Superior Court Case No. CV2300565
Pursuant to California Government Code Section 54956.9 (d) (1) Conference with legal counsel - existing litigation
Citizens for a Better Eureka vs. City of Eureka City Council, Does 1 to 10 Humboldt County Superior Court Case No. CV2300712
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
B. PRESENTATIONS
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. 5th and Myrtle Rights-of-Way Vacation and Surplus Property Recommendation: Hold a public hearing; and
Adopt a Resolution of the City Council finding the summary vacation of the 5th Street and Myrtle Avenue rights-of-way is exempt from CEQA, and ordering the summary vacation; and Adopt a Resolution of the City Council finding the surplus of City-owned land formerly known as the 5th Street and Myrtle Avenue rights-of-way is exempt from CEQA, and declaring the land surplus property.
Agenda Summary.docx
Attachment 1 - Policy 4.02
Attachment 2 - Policy 2.01
Attachment 3 -Right-of-Way Vacation and Public Utilities Easement Attachment 4 - Resolution PC SV-23-0015
Attachment 5 - Resolution PC SP-23-0014
Attachment 6 - City Council Resolution SV
Attachment 7 - City Council Resolution SP
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 July 18, 2023 as submitted. 20230718_Minutes_Regular
F.2. Wharfinger Parking Lot Stormwater Modifications Project Recommendation: Accept Wharfinger Parking Lot Stormwater Modifications Project, Bid No. 2023-11; and authorize the filing of a “Notice of Completion” at the Office of the County Recorder.
Agenda Summary Acceptance Wharfinger Parking Lot SD Mods F.3. Pavement Rehabilitation 2023 Bid No. 2023-05 – Additional PG&E Funds Recommendation: Authorize staff to execute a change order to increase the contract with Mercer Fraser Company from $2,386,000 to $2,795,665 to include additional work to repair streets impacted by PG&E Maintenance Projects.
Agenda Summary Pavement Rehabilitation 2023- Additional PG&E Funds F.4. Highland Park Restroom/Concession Building Procurement Recommendation: Award to Romtec as vendor for the new restroom/concession building at Highland Park; and authorize City Manager to execute a contract in an amount not to exceed $170,000.
Agenda Summary Romtec Procurement
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. Parking Improvements 2023 - Amendment to the Eureka Municipal Code Chapters 70 and 72 – Traffic Code
Recommendation: Waive full reading, read by title only and adopt Bill No. 1028-C.S., an ordinance of the City of Eureka amending Eureka Municipal Code Title 7, Chapters 70 and 72 pertaining to parking; and adopt a Resolution of the City Council adopting the Parking Time Limits Map.
Agenda Summary Parking Improvements 2023 - Adopt
Bill No. 1028 - Parking Amendments
Resolution - Adopt Parking Time Limits Map
I. REPORTS/ACTION ITEMS
I.1. 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.2. 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.3. Neighbor Privacy Concerns and Accessory Dwelling Units Recommendation: Receive report and provide comment.
Agenda Summary
Attachment 1 - State ADU Law (CGC 65852.2)
Attachment 2 - City Inland ADU Regulations
I.4. League of California Cities Voting Delegate
Recommendation: Appoint a voting delegate and one alternate for the League of California Cities Business Meeting to be held at the LOCC Annual Conference in Sacramento 20-22, 2023.
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
K.1. Construction Report
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.