John Chiv: "Petitioner's goal in this case is clear: Stop the Wiyot Tribe's development project that is slated for the City owned parking lot at 5th and D streets."

Jan 18, 2024

"Petitioner's goal in this case is clear: Stop the Wiyot Tribe's development project that is slated for the City owned parking lot at 5th and D streets."

I just did a post two days ago in which I also mentioned the 5th and K parking lot which is now owned by Security National. I mentioned the 5th and D parking lot in that post and a tip I had received about the 5th and D parking lot.

The City of Eureka owns the 5th and D parking lot and have an MOU with the Wiyot to develop it.

Now, one of the four lawsuits filed by Citizens for a Better Eureka involves that parking lot on 5th and D. There is a 5th lawsuit filed by Eureka Housing for All against City of Eureka.

Same attorney, same spokesperson, many of the same names and as stated on the EHA mailer below sponsored by Security National.

From the EHA press release included in my August 8, 2023, "The initiative has changed slightly from the original one we submitted to the City on July 14,” explained Mike Munson, initiative co-signer. “The City recently awarded the contract for developing the 5th and D parking lots and the 6th and L lot to the Wiyot Tribe. Our revised initiative provides that those two lots will be exempt from the ballot measure as long as the Wiyot Tribe owns them. We support their efforts in building affordable housing in an environmentally friendly manner while protecting their heritage and keeping the work local."

So EHA says that in August 2023 and now CBE files a preliminary injunction in 2024? Michelle Costantine Blackwell and Mike Munson are both part of EHA and CBE.

In the City of Eureka's opposition to the preliminary injunction in CV2300712, City of Eureka Atorney Autumn Luna's first line in the introduction states:

"Petitioner's goal in this case is clear: Stop the Wiyot Tribe's development project that is slated for the City owned parking lot at 5th and D streets." The next line is "Petitioner is unflinchingly pro-parking but in its chosen approach to "saving" parking, and the rhetoric that has surrounded its approach, Petitioner reveals its true goal to be preventing affordable housing."

Just got this in the mail today.

I have been the only one regularly following up on these lawsuits and those posts are linked below.

CV2300565 Citzens for a Better Eureka

2/9/24 motion hearing preliminary injunction

no opposition from city entered in e court

CV2300712 Citizens for a Better Eureka

1/19 motion hearing on preliminary injunction by CBE, city filed opposition, stipulation continuing date to February 9, 2024.

CV2301562 Citizens for a Better Eureka v City of Eureka

2/2/24 vacated

on 10/13 filed request for hearing on merit

1/20 filed motion for preliminary injunction

CV2301563 Citizens for a Better Eureka v City of Eureka

1/10 motion for preliminary injunction filed

CV2301627 Eureka Housing for All vs City of Eureka

12/22/23 demurrer filed by City of Eureka on 11/16/232/16/24 CMC vacated

amended writ of mandate filed 12/14/23

2/9 court minutes CV2301627 Eureka Housing for All vs City of Eureka

Demurrer sustained without leave to amend

CV2300565 2/2 court minutes and other filings:

Since this post was published, the Coalition for Responsible Transportation Priorities filed an opposition to preliminary injunction and the State of CA an amicus brief.

A local opposition group, Citizens for a Better Eureka, sued the City under the California Environmental Quality Act (CEQA), arguing that an addendum to the environmental impact report failed to analyze traffic impacts, and that providing affordable housing on these sites would replace City parking lots and result in congestion in the downtown area. However, Eureka concluded that the plan for housing would contribute to an overall decrease in vehicle miles traveled – thus reducing harmful emissions – and impacts to intersection levels of service would be similar to the original housing element. In three other separate actions, Citizens for a Better Eureka has challenged the City’s efforts to provide housing.

“I proudly support Eureka in opposing this cynical effort to hamper development projects that benefit low-income residents; I will not stand for it,” said Attorney General Bonta. “The housing crisis and climate crisis are among the largest, most urgent issues facing California and we need to act swiftly and fiercely. Eureka is doing exactly this and has my steadfast support.”

California State Attorney General Press Release (issued 2/4):

California Attorney General Rob Bonta today filed an amicus brief supporting the City of Eureka in a lawsuit challenging an amendment to its housing element, which would provide affordable, climate-friendly housing to an area experiencing a severe housing shortage. The housing element amendment identified nine city-owned sites for housing development in and around downtown. Housing in this area would place residents near their jobs, services, and retail, and allow residents to access public transportation.

State law requires local governments to include housing elements in their general plans, which serve as a “blueprint” for how the city and/or county will grow and develop. A housing element must include, among other things, an assessment of housing needs, an inventory of resources and constraints relevant to meeting those needs, and a program to implement the policies, goals, and objectives of the housing element. Once the housing element is adopted, it is implemented through zoning ordinances and other actions that put its objectives into effect. The housing element is a crucial tool for building housing for moderate-, low-, and very low-income Californians and redressing historical redlining and disinvestment.

Eureka’s housing element implements the goals and purposes of state housing laws, and the Department of Housing and Community Development certified it as complying with the Housing Element Law. In challenging the City’s housing element, the petitioner, Citizens for a Better Eureka, attempts to obstruct the development of future housing.

Attorney General Bonta is steadfastly committed to enforcing California’s housing laws.

Earlier this month, Attorney General Bonta secured an appellate court order in the state's favor compelling a prompt resolution of the enforcement case against Huntington Beach for its failure to adopt a housing plan compliant with state law. Also earlier this month, Attorney General Bonta, Governor Gavin Newsom, HCD Director Gustavo Velasquez, and the City of Fullerton announced an agreement requiring the city to adopt a plan to allow for the development of 13,209 housing units. In December 2023, Attorney General Bonta, Governor Newsom, and HCD announced filing a request to intervene in Cal. Housing Defense Fund v. City of La Cañada Flintridge, to uphold California’s housing laws, and reverse the City of La Cañada Flintridge’s denial of a mixed-use affordable housing project that would bring 80 mixed-income residential dwelling units, 14 hotel units, and 7,791 square feet of office space to the community.

In May 2023, Attorney General Bonta, in collaboration with state leaders, filed a lawsuit against the City of Elk Grove, challenging the city’s denial of a proposed supportive housing project which would add 66 units of supportive housing for lower-income households at risk of homelessness. In 2023, Attorney General Bonta, in collaboration with state leaders, announced settlements with the City of Coronado and the City of San Bernadino, for violating the state’s Housing Element Law.

https://johnchiv.blogspot.com/2023/11/city-of-eureka-files-demurrer-notices.html?m=1

https://johnchiv.blogspot.com/2023/11/eureka-housing-for-all-sponsors-sent.html?m=1

https://johnchiv.blogspot.com/2023/10/eureka-housing-for-all-judicial.html?m=1

https://johnchiv.blogspot.com/2023/10/lawsuit-filed-against-city-of-eureka.html?m=1

https://johnchiv.blogspot.com/2023/10/4-ceqa-petitions-housing-initiative.html?m=1

https://johnchiv.blogspot.com/2023/09/citizens-for-better-eureka-third-letter.html?m=1

https://johnchiv.blogspot.com/2023/09/eureka-housing-for-all-initiative.html?m=1

https://johnchiv.blogspot.com/2023/09/housing-advocates-form-committee-to.html?m=1

https://johnchiv.blogspot.com/2023/06/city-hall-parking-lot-in-escrow.html?m=1

https://johnchiv.blogspot.com/2023/08/eureka-housing-for-all-turns-in-2811.html?m=1

https://johnchiv.blogspot.com/2023/08/two-former-eureka-mayors-endorse.html?m=1

https://johnchiv.blogspot.com/2023/08/these-are-deadlines-and-timeline-for.html?m=1