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Eureka City Council
September 3, 2024

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Agenda
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September 3, 2024
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Eureka City Council
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City of Eureka, CA
City Council Regular Meeting
Tuesday, September 03, 2024
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
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
Citizens for a Better Eureka vs. City of Eureka City Council, Does 1 to 10 Humboldt County Superior Court Case No's. CV2301562 and CV2301563, 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. Proclamation-Coastal Clean Up Month
20240903_Coastal Clean Up
A.2. Proclamation-Lethal Means Prevention Week
20240903_Lethal_Means_Prevention_Week
A.3. Introduction of Tim Citro, Interim Fire Chief - Humboldt Bay Fire JPA 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.

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 meeting minutes of August 20, 2024 as submitted.
20240820_Minutes_Regular
F.2. Systemwide Sewer Evaluations Project 2023 - Acceptance Recommendation: Accept the Systemwide Sewer Evaluations Project 2023; Bid No. 2023-03; and authorize the filing of a “Notice of Completion” at the Office of the County Recorder.

Agenda Summary_Acceptance
F.3. Fishermen's Terminal Pilings Replacement Project Award Recommendation: Declare West Coast Contractors the low bidder on the Fishermen’s Terminal Pilings Replacement Project, Bid No. 2025-1; and
Award Bid No. 2025-1 to West Coast Contractors for the amount of $499,748; and Approve $524,735 for construction, which includes a contingency of approximately 5% Agenda Summary_Award-Fishermens Terminal Pilings Replacement Bid Summary_2025-1
F.4. Water Improvements 2023 Project - Acceptance
Recommendation: Accept the Water Improvements 2023 Project; Bid No. 2023-13; and authorize the filing of a “Notice of Completion” at the Office of the County Recorder Agenda Summary_Acceptance
F.5. Local Housing Trust Fund (LHTF) 2024 Notice of Funding Availability (NOFA) Recommendation: Adopt the authorizing resolution of the City Council as required by the 2024 Local Housing Trust Fund (LHTF) Notice of Funding Availability (NOFA); and Authorize the City Manager to execute the LHTF Program Application, Standard Agreement and any subsequent amendments or modifications; and
Adopt the Uniform Multifamily Regulations (URMs) as the loan guidelines, underwriting standards and procedures for all loans funded through the LHTF; and Adopt the most recent thresholds established by the California Tax Credit Allocation Committee (CTCAC) for minimum projected operating expenses; and
Limit loans funded by the LHTF at simple interest rates of no higher than 3 percent per annum; and Commit $100,000 annually to the LHTF as ongoing revenues derived from transient occupancy taxes.

Agenda Summary - LHTF Application
LHTF_Authorizing_Resolution
Uniform Multifamily Regulations
California Tax Credit Allocation Committee Operating Cost per Unit Minimums 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. City of Eureka’s Corporation Yard Property Surplus Recommendation: Adopt a Resolution of the City Council finding the surplus exempt from CEQA and declaring the Corporation Yard property located at 945 W 14th Street as surplus land.

Agenda Summary
Attachment 1 - City Council Resolution
Attachment 2 - 2.01 Sale of City-owned Property
Attachment 3 - Planning Commission Reso
Attachment 4 - Planning Commission Staff Report
H.2. Vacant Building Ordinance
Recommendation: Waive full reading, read by title only, and adopt Bill No. 1038-C.S. “An Ordinance of the City Council of the City of Eureka Repealing and Replacing Title 15, Chapter 150, Sections 150.095 Through 150.097 with Sections 150.095 Through 150.100 Pertaining to Vacant Commercial, Industrial, and Residential Buildings"
Agenda Summary _Vacant Building Ordinance
Draft Vacant Building Ordinance_Adoption
I. REPORTS/ACTION ITEMS
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. Grand Jury Report - Humboldt County, Behavioral Health, Substance Use, and the Streets: What Works?
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.eurekaca.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.

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