Eureka council directs appeal, adopts emergency plan and new public‑health and safety ordinances; fire‑hazard maps introduced

The Eureka City Council on Nov. 4 voted to direct staff to file an appeal in the federal lawsuit Ecological Rights Foundation v. City of Eureka and approved a series of public‑safety and land‑use actions.

In closed session the council voted 4–1 to direct the filing of an appeal in the ongoing federal lawsuit (motion by Councilmember Bauer, seconded by Councilmember Castellano; Councilmember Moulton dissented). City Attorney Black reported the vote in open session.

The council adopted the city’s 2025 Emergency Operations Plan (EOP), an update aligned with Senate Bill 160 that emphasizes a whole‑community approach and new annexes to be developed later. Public Works Director Allen and operations analyst Kristen Gault summarized the plan’s structure and the city’s proposed incident‑command center arrangements; council voted 5–0 to adopt the plan.

On ordinances, council voted to adopt a tobacco‑retailer licensing ordinance that adds a definition of “community center,” prohibits new tobacco retailers within 600 feet of a school or community center and bars new licenses within a quarter mile of an existing tobacco retailer. City Manager Slattery and City Attorney Black explained the changes; the ordinance was adopted on second reading (5–0).

Council also adopted an ordinance prohibiting retail sales of nitrous oxide, with narrow exemptions for medical use and a documented wholesale delivery exemption for food‑preparation facilities (manifest records retained for three years). The ordinance passed on second reading, 5–0.

On land‑use measures, council approved staff recommendation to withdraw Measure N from the local coastal program process. Planning Director Kenyon said Measure N (adopted in 2010) was never certified by the Coastal Commission and that staff and the property owner support alternate permitting routes; council vote was 5–0 on the item pulled from consent.

The council introduced (waived full reading) an ordinance to adopt the state’s updated local responsibility area fire hazard severity zone maps for the city. Humboldt Bay Fire staff explained the maps and said most of the city maps as ‘moderate’ or ‘none’; the council voted 5–0 to introduce the bill and begin the formal adoption process.

Motions and tallies from the meeting are summarized below.

Votes at a glance

- Closed‑session direction to file appeal in Ecological Rights Foundation v. City of Eureka — Motion: direct filing of appeal; Mover: Councilmember Bauer; Second: Councilmember Castellano; Vote: 4 yes, 1 no (Moulton dissent). (Recorded in closed session; city attorney reported outcome in open session.)

- Consent calendar approval (consent minus G2) — Motion carried (5 yes). G2 (withdrawal of Measure N) pulled and later approved 5–0.

- Withdrawal of Measure N (local coastal program amendment) — Motion: approve staff recommendation to withdraw Measure N; Vote: 5 yes.

- Adoption of Emergency Operations Plan (2025) — Motion: adopt resolution to approve EOP; Vote: 5 yes.

- Introduction (waive full reading) of Bill 1048‑CS: adoption of local responsibility area fire hazard severity zone maps — Motion: waive full reading and introduce ordinance; Vote: 5 yes.

- Adoption of Bill 1051‑CS: Tobacco Retailer Licensing Ordinance (added community‑center buffer and quarter‑mile spacing) — Motion: waive full reading, read by title and adopt; Vote: 5 yes.

- Adoption of Bill 1050‑CS: prohibition on retail sales of nitrous oxide (with narrow wholesale/medical exemptions) — Motion: waive full reading, read by title and adopt; Vote: 5 yes.

What this means

Council’s actions update the city’s emergency planning framework; create a local permitting step to align with recently remapped fire‑hazard designations; narrow where new tobacco retailers may locate; and restrict retail sales of nitrous oxide while preserving documented food‑service deliveries and medical uses. The closed‑session appeal direction sets a litigation course for the city; staff will carry out the court filing and report back.

Provenance

- Topic start: City Attorney Black reporting closed‑session motion to direct filing of appeal (00:02:01) [block_12]. - Topic finish: City Manager and staff comments closing the legislative items (approx. 02:08:58) [block_206].