City of Eureka, CA
City Council Regular Meeting
Tuesday, December 19, 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:
707-441-4243
*6 to mute/unmute and *9 to raise/lower hand
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
Citizens for a Better Eureka vs. City of Eureka City Council, Does 1 to 10 Humboldt County Superior Court Case No's. CV2300565, CV2300712, CV2301562 and CV2301563, Pursuant to California Government Code Section 54956.9 (d) (1) Conference with legal counsel - existing litigation
Michele Constantine-Blackwell & Michael Munson vs. City of Eureka, et al.
Humboldt County Superior Court Case No. CV2301627
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. 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) Conference with legal counsel - existing litigation
City of Eureka v. Hedlund, et al.
Humboldt County Superior Court Case No.
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. Eureka Police Department Equipment Ordinance
Recommendation: Hold a Public Hearing; and
Waive full reading, read by title only and introduce Bill No. 1033-C.S., “An Ordinance of the City Council of the City of Eureka Adding Eureka Municipal Code Chapter 104, Sections 104.01 through 104.08 for the Military Equipment Use to Title IX General Regulations; and Adopt Eureka Police Department Policy No. 709 Military Equipment Funding, Acquisition and Use Agenda Summary Military Equipment Use Ordinance
Bill_No. 1033_Military_Equipment_Use_Ordinance
Military_Equipment
AB 481 EPD Military Equipment
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 and special minutes of December 5, 2023 meeting as submitted.
20231205_Minutes Regular
F.2. Da’ Yas Park Restroom Building Purchase
Recommendation: Award a contract for Da’ Yas Park restroom building purchase and installation to Public Restroom Company in the amount of 350,484.00, utilizing Sourcewell Cooperative Purchasing Contract #081721-PRM; and
Authorize the Community Services Director to increase the contract amount by up to $10,500 (three percent, for a total not to exceed amount of $360,984.00) to allow for any unforeseen contingencies; and
Authorize Community Services Director to execute all applicable contract documents.
Agenda Summary_Public Restroom_Procurement
F.3. Bid No. 2022-13 Acceptance- Elk River Estuary Enhancement Project Recommendation: Accept the Elk River Estuary Enhancement Project Bid No. 2022-13; and authorize the filing of Notice of Completion at the Office of the County Recorder.
Agenda Summary_Elk River Estuary Acceptance
F.4. Council Meeting Cancellation
Recommendation: Cancel the regular Council Meeting of January 2, 2024.
F.5. Chief of Police At-Will Appointment
Recommendation: Confirm the City Manager's appointment of Brian Stephens to Police Chief and authorize the City Manager to execute an Employment Agreement with Brian Stephens to serve as City of Eureka Chief of Police.
Agenda Summary_Police Chief Appointment
Employment 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. Myrtle Avenue Bike Lanes
Recommendation: Receive report regarding the Myrtle Avenue Improvements Project and its relationship to the Complete Streets Policy; and consider adoption of a resolution of the City Council of the City of Eureka removing parking on Myrtle Avenue from West Avenue to Harrison Avenue to allow for buffered bike lanes.
Agenda Summary_Myrtle Avenue Bike Lanes
Resolution_Myrtle Avenue Parking Removal
I. REPORTS/ACTION ITEMS
I.1. 2022-23 Budget Review
Recommendation:Receive report; and
Approve an additional appropriate of $75,000 in the current year budget to fund the 2024 Participatory Budget Program; and
Approve budget adjustments for FY2022-23 Transfers between Funds Agenda Summary - FY22-23 Budget Review.docx
Attachment A – FY2022-23 Transfers Between Funds Current & Proposed Changes I.2. Ambassador Program Report
Recommendation: Receive report and provide comment
Ambassador Program Agenda Summary
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. Strategic Visioning: 90-Day Milestones
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.