I have a copy of document and have included some excerpts. The table of contents will give you the key points addressed. City of Eureka attorney, Ms. Autumn Luna confirmed the copy of document I have is the one resubmitted.
The City of Eureka is asking that Humboldt Superior Court Retired Judge John Feeney's dismissal be affirmed.
From page 6:
"Appellant’s lawsuit challenged the redevelopment of a City of Eureka (City)-owned parking lot for affordable housing.1 The parking lot, located at 5th and D Streets in Eureka, California, was designated for affordable housing in the City’s Housing Element in 2019.2 The City’s 2019–2027 Housing Element, adopted by the Eureka City Council and certified by the California Department of Housing and Community Development (HCD), identified 12 lots, nine of them City-owned parking lots, that would be subject to a competitive Request for Proposals (RFP) process to choose the most qualified housing developer for each of the lots.3 "
From page 7 and 8:
"On April 4, 2023, the City Council voted to remove parking on the 5th and D parking lot—a necessary step to implementing its Housing Element—and issued requests for proposals for development at 5th and D and 6th and L Streets.4 On July 18, 2023, the Eureka City Council reviewed proposals from qualified housing developers as a result of the RFP process, and determined that the Wiyot Tribe/Dishgamu Humboldt Community Land Trust (the Wiyot Tribe) had submitted the winning proposal for 5th and D and 6th and L.5 On July 19, 2023, the City filed a CEQA Notice of Exemption for the “Affordable Housing Projects on Cityowned Properties II, Parking Lots 5th and D Streets and 6th and L Streets,” and named the Wiyot Tribe as the developer five times in the Project Description.6
The Eureka City Council’s action at its regularly scheduled public meeting of July 18, 2023, to award the properties to the Wiyot Tribe, directed staff to enter into a Memorandum of Understanding (MOU) with the Wiyot Tribe to lay out the parties’ respective roles, responsibilities, and goals for the development of affordable housing on 5th and D and 6th and L.7 The Eureka City Council’s action was determined by City staff to be a project under CEQA, and exempt from CEQA under the Affordable Housing Exemption.8 The City submitted a draft MOU to the Tribe on September 28, 2023, and the Tribal Council voted on November 13, 2023, to approve the MOU.9 The MOU was fully executed as of December 22, 2023.10
The instant lawsuit challenged the “reduction or removal of public parking” at 5th and D—a process that came before the Eureka City Council on April 4, 2023, as a necessary step to issuing an RFP for housing development at the 5th and D lot.11 Appellant’s case, which was filed in the Humboldt Superior Court on May 4, 2023, languished for months.12
Then, on December 22, 2023, Appellant filed a Motion for Preliminary Injunction.13 After the City filed its Opposition to the Motion for Preliminary Injunction, Appellant withdrew the Motion.14
On February 9, 2024, the specially appearing Wiyot Tribe filed its Motion to Dismiss.15 The motion was fully briefed and oral argument was heard, on March 11, 2024.16 The Honorable Judge John T. Feeney signed the Order of Dismissal on March 14, 2024, and this appeal timely followed.17
I have been regularly reporting on the 4 lawsuits filed by CBE and one lawsuit by Eureka Housing for All and the two appeals.
Previous post:
https://johnchiv.blogspot.com/2024/11/city-of-eureka-gets-extension-of-30.html?m=1
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