Marilyn Patricia Bilderback passed away on the cool sunny morning of January 14, 2025, just after the moon peaked in its fullness. She was preceded in death by her husband of over 50 years, Jim Bilderback. Together they traveled the world and set foot on every continent.

Marilyn was born in Eureka to Florence Wilson and Harry Counsil. She and her brother Bryan were raised in Eureka, although they spent many summers at their family cabin in Redway. She loved to swim, play cards and board games, read, and shoot baskets. Bryan passed away tragically while Marilyn was still in high school, and she made great efforts to honor and support her parents while they lived. Her father had an ice cream business during World War II, and she developed quite a sweet tooth which she kept through her life — from baking 15 kinds of Christmas cookies each year to share with friends and neighbors to leading 4-H cake decorating classes to her last meal of milk chocolate.

Upon graduating from Eureka High, Marilyn attended UC Berkeley, where she met a group of friends she stayed in touch with throughout her life. She got her first teaching job in San Rafael and had already been to Europe before moving back to Eureka where she met her husband. Some mutual friends set them up by inviting them over to watch travel slides since he had a passion for travel too. The story goes that he served her dessert but sprayed the whipped cream in her face instead of on her plate, but it seemed like it worked! They were married, and designed their home in Cutten together. While it was being built they rode their bikes each day to check its progress after work, enjoying wildlife like foxes and deer in the undeveloped area.

At that time Marilyn was working at Grant Elementary school. She often mentioned how she loved her job as a sixth grade teacher. She played guitar for her students and engaged them in creative projects. She saved a note from a parent that thanked her for the difference she had made in her daughter’s life to help her become more well adjusted at school, and described her as “hardly recognizable as the same girl who set foot in her classroom at the beginning of the year.”

When her daughter Marcia was born, she took several years off to be at home with her, sewing, knitting and crocheting many of their clothes and making healthy meals. She made her closest lifelong friend in the fabric store during a conversation over a pattern for an outfit, and their daughters grew up as friends. Recognizing the job market was changing, they both decided to go back to school to be more employable and supported each other with this endeavor. Marilyn pursued her special education credential and would prep meals for weeks and months in advance to be able to succeed academically while taking care of her family and completing her degree.

She then worked at both Ridgewood and Cutten Elementary schools as a special education teacher. Another mom (and family friend) wrote that she almost magically helped her son catch up from ”second to sixth grade reading level in a few months with her fun and unique ways,” giving him the boost he needed to become successful in school and love reading into adulthood. She also placed a high value on education as a mother, making dedication to homework non negotiable but fun. She was a Campfire and 4-H leader and went to every one of Marcia’s sports events.

During the school year, she was a busy teacher and mom, but she always managed to plan a unique vacation for the upcoming summer. During the summers she loved to read in the sunny backyard with her potted plants while at home. Family vacations varied from touring the Western National Parks to taking a steamboat down the Mississippi River to international travels to the South Pacific, China, and an East African safari.

When Marcia went to college and worked at outdoor educational sites afterward, Marilyn and Jim would always visit and show interest in what she was teaching. When Marcia moved back to teach in Humboldt county, Marilyn attended her classes to teach bookmaking to her students - from kindergarteners to high school English language learners. She always had a way of connecting with the students and they were thrilled to get the opportunity to work with her.

After she retired, she did many classes with OLLI at Cal Poly Humboldt, including local history classes, French language and was a member of the book arts guild. She and Jim traveled more extensively, including trips to Antarctica, India and Bhutan, and many parts of the African continent. They truly enjoyed getting to meet people from different walks of life, and Marilyn took photographs while Jim took videos.

During the year she would create elaborate photo albums of these journeys and gather friends together during the winter months to eat dessert and share adventure stories told through her photos and Jim’s videos. These albums were a great source of pride for her, and she paid attention to every detail and added souvenirs and supplemental material to bring them to life even more.

When her grandson Kaiteo was born, he became a huge focus in her life. She often watched him and went to great lengths to plan activities, spoil him with educational toys, and take him on outings to the Sequoia Park Zoo, the Discovery Museum, and the Natural HIstory Museum. She read him hundreds of books and also gifted him whale watching trips to Monterey Bay and Baja California with his mom. Educational opportunities were one of the most beautiful things she felt life had to offer, and when she couldn’t travel anymore she continued to watch documentaries and read travel accounts and historical fiction. She especially loved to watch nature shows and was very fond of cats, dogs, penguins, and owls in particular.

During the last years of her life she and her husband moved to Especially You Assisted Living. There she was known for her sense of humor and polite ways with the staff. She and Jim liked to eat their meals in the beautiful sunroom, and she was always known to have a book in her hand. After Jim’s passing last March, she developed a close relationship with her niece by marriage that each of them valued immensely.

Marilyn is survived by her daughter Marcia, grandson Kaiteo, nieces and nephews Jo, Jim, Gene, David and David Jr., Mike, Gary, and Rick. She will be missed for her incredible generosity, thoughtful gestures, sense of humor and adventure, and dedication to making the world a better place. A celebration of her life will be held in late spring or early summer for family and friends who would like to attend.

James (Jimmy) Bernard Friel died at home in the arms of his beloved wife, best friend and life partner Lela McKee Friel, on February 1, 2025. His death came 16 months after being diagnosed with anaplastic thyroid cancer.

Jimmy was born and raised in Philadelphia. He studied at Pennsylvania State College and Tyler School of Art before apprenticing as a plumber with his father, Charles Friel. Jimmy moved to San Francisco in 1981 to join his brothers Tom and Brian in the trade. Lela was the first person Jimmy met when he arrived in San Francisco. After knowing each other as friends for several years, they started dating in 1988 and married in 1990. Jimmy and Lela renovated a home together in San Francisco, then moved to Lela’s home town of Whitethorn in Humboldt County. There they designed and built a gorgeous house, studio and barn, cultivated a thriving garden, raised chickens and goats, and became beloved members of the community. Jimmy got sober in his early 30s, remained gratefully so for the rest of his life, and was instrumental in helping others who sought sobriety.

Jimmy had what we lovingly dubbed “serial obsessions”: he was a potter, hiker, sailor, marathon cyclist, marathon runner, yoga practitioner and world traveler. His passion for travel started at age 16 with hikes on the Appalachian Trail, hitchhiking and cycling throughout eastern Canada and driving cross county from Philadelphia to San Francisco. As a teenager he considered these trips his true education. He went on to travel worldwide, including domestic and international cycling trips that he meticulously organized for friends and family. After retiring from his plumbing practice, he jumped in to assist his father-in-law, Bob McKee, manage the Whitethorn Construction campus, including a major new building and water system. He retired a second time in 2023 and celebrated by walking 170 miles from Porto, Portugal to Compostela de Santiago, Spain with his sister Margaret and brother Brian. A plumber never truly retires; with Lela’s assistance, Jimmy fixed a frozen waterline in her greenhouse a few days before he died.

Jimmy was a problem solver and mediator. He had a gift for being forthright and diplomatic, compassionate, fair, and clear-eyed. Jimmy brought all of these qualities to the task of understanding and dealing with his diagnosis, treatments, and the eventual knowledge that he was facing death. His insistence on embracing life while accepting his mortality was a tremendous gift to his family and loved ones, tempering the devastation of his death with the knowledge that he lived exactly as he wanted to live, with full awareness and agency over his choices and decisions. Jimmy opted to spend the time he had left savoringthe relationships he had built over a lifetime, in his home with Lela, embedded in nature, and in contemplative inquiry into his own heart, mind, and spirit. The five months between Jimmy’s last surgery and his death were filled with love pouring in from dozens of people he had known throughout his life. Near the end of his life, he said that he had never expected to pack so much living into dying. Like Jimmy, we carry both the piercing sadness of loss and tremendous gratitude for the beautiful life he lived.

Jimmy was the dearly loved husband of Lela McKee Friel; cherished son of the late Charles Patrick and Dorothy Leona (O’Beirne) Friel; dearest friend to ten siblings and their spouses: Kathy Stannard-Friel (Don), the late Denise Hanson (Robert), Charles Jr., Michael (Margie Albers-Friel), Tom (Kitty Quinn- Friel), Brian (Rachel), Mary Anne, Margaret (Steven Allen), Theresa Wood (Robert) and Christine (Peter Eisenberg); beloved sibling-in- law to: Rebecca McKee (Ron Macaruso, deceased), Sita Formosa (David), Tasha McCorkle (Jim Groeling), Rob McKee (Maryellen), and the late Sean McCorkle; treasured son-in-law of the late Valerie and Robert McKee; adored uncle to many nieces, nephews, grandnieces, grandnephews; and beloved cousin. He will be deeply missed by friends from his Whitethorn, San Francisco and Philadelphia communities.

In lieu of flowers, donations may be made to the Heart of the Redwoods Hospice, which, provided incredible care and guidance to Jimmy and Lela in the late stages of his illness.

Celebration of Jimmy ( James ) Barnard Friel’s life will be held June 28 @ 545 Shelter Cove Rd. starting at 2 p.m. Shares begin at 2:30. Food and refreshments will be served after the shares. Celebration goes until 6 p.m.

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The obituary above was submitted on behalf of Jimy Friel’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.

\Sandy was born to Vivian Villadsen Farrell and Alexander Cappelle Farrell in Oakland and grew up in Lafayette and Diablo. He was a member of San Ramon HS Class of 1964. He graduated from UC Berkeley and was a member of Chi Psi Fraternity. At Humboldt SU he received a teaching credential. He also trained in Computer Programming.

Sandy lived in many places and traveled and worked extensively. He served in the Peace Corps in the Marshall Islands and taught school in St. Croix. Computer work led him to Chevron, IBM and Rochester Minn. He was an avid outdoorsman and enjoyed hiking and camping. In Eureka, where he spent his last 15 years, he developed a wonderful group of friends for bridge games, walks, and community political events. He was a supporter of environmental causes and Bernie Sanders.

Grandson of JH and Katherine Farrell and AB and Mathilda Villadsen, he is survived by his siblings Steve (Nancy) Farrell and Marcia Farrell Raos (Dan Tingley), Niece Kari Raos (Alan Olsen), Nephews Kevin (Cris) Raos, John Farrell and Matt (Tamara) Farrell.

A celebration of life will be held on March 23 from 1 p.m.-4 p.m. at the home of his brother Steve Farrell, 1862 Whitecliff Way, Walnut Creek.

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The obituary above was submitted on behalf of Sandy Farrell’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.

Press release from the Humboldt County Sheriff’s Office:

On March 5 around 11:30 p.m., a Humboldt County Sheriff’s deputy conducted a probation search of a residence on the 1700 block of Murray Rd. in McKinleyville. Upon arrival, the deputy contacted the two residents, Joseph Vecchetti, 37, of McKinleyville and Lynzee Strange, 23, of Piercy.

The deputy confirmed Vecchetti to be on felony probation and conducted a search of the residence pursuant to the probation terms. The search revealed 7.5lb of processed marijuana, 6.56g of methamphetamine, 2.35g of fentanyl, and bear mace. The deputy observed a pipe dumping wastewater and sewage from the residence into a small active water stream. The search also revealed a motorcycle registered to Vecchetti with false tags affixed to the license plate. 

Vecchetti was transported to the Humboldt County Correctional Facility and booked for the following charges:

• Possession of a controlled substance—HS 11377(a)
• Possession of unlawful paraphernalia—HS 11364(a)
• Unlawful possession/use of tear gas—PC 22810(a)
• Possession of over 1oz. of marijuana—HS 11357(a)
• Possession of a controlled substance with two or more priors—HS 11395(b)(1)
• Litter/dump waste in water/shore—PC 374.7(a)
• Rearrest/revoke probation—PC 1203.2(a)
• Forge/alter vehicle registration—VC 4462

Strange was transported to the Humboldt County Correctional Facility and booked for the following charges:

• Possession of unlawful paraphernalia—HS 11364(a)
• Possession of a controlled substance—HS 11350(a)
• Litter/dump waste in water/shore—PC374.7(a)

Anyone with information about this case or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.

Receive HCSO news straight to your phone or email. Subscribe to news alerts at: humboldtsheriff.org/subscribe.

Press release from the City of Eureka:

The City of Eureka is pleased to update the public on the status of the Bay to Zoo Trail Project. As you may know, the Bay to Zoo Trail has been conceptualized for over 20 years and is a Strategic Visioning Goal for the Eureka City Council. The Trail will link the existing Waterfront Trail to Sequoia Park Zoo, running north/south along Eureka’s sloughs and gulches. In 2023, the City of Eureka was awarded funding for the proposed Bay to Zoo Trail Project with grant funds from Caltrans. We are excited to bring this community project to reality.

The extensive planning necessary for this project has been underway for quite some time. In 2024, The City contracted with GHD to perform environmental impact studies and preliminary engineering, a 30% design set. The project has completed environmental studies, as required by National Environmental Policy Act (NEPA), and CEQA the California Environmental Quality Act. These studies represent the first phase of project work.

The next phase of project work will include furthering the trail design and determining the precise alignment. We will look at elevations along the trail, the types of materials and construction methods, to reach a 65% and then a 100% design set.

Most importantly, this next phase includes conversations with property owners along and adjacent to the trail alignment. Residents within the trail footprint have been contacted by mail and many have responded by phone and email. If you feel you have not received communication, please reach out to the contact information provided below. There are many steps to this process and property owners along the proposed trail are encouraged and invited to be heavily engaged during this phase of work, over the next 9-12 months.

While we believe the Bay to Zoo Trail will be an exciting addition to our region’s trail network, we are aware of the concerns that have been voiced. Our project team is working closely with the Eureka Police Department and the Community Services Department to plan for the resources necessary to patrol and maintain the new trail. We will also use Crime Prevention through Environmental Design (CPTED) techniques during the design phase.

Visit this link to view the project website, for information on proposed alignment, facts, history, funding and more. Updates will be shared with the public as they become available. If you have questions or would like more information, contact Project Manager, Brittany Powell at bpowell@eurekaca.gov or (707) 441-4127.

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This story was originally published by CalMatters. Sign up for their newsletters.

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Fire investigators have not found Edison responsible for the Eaton fire — but mounting lawsuits heighten concerns about its potential liability for the deadliest and most destructive blaze since the state created a fund to prevent wildfires from bankrupting utilities.

A potential finding that Southern California Edison’s equipment ignited the deadly Eaton Fire could upend California’s effort to shield utilities from mounting wildfire losses as climate change drives more destructive blazes.

The January blaze, which killed 17 people and destroyed 9,414 structures, remains under investigation, but residents already have filed several lawsuits blaming Edison for sparking the conflagration.

The Eaton Fire ignited near Eaton Canyon in the San Gabriel Mountains and quickly intensified amid powerful desert winds that gusted up to 100 miles per hour, the flames morphing into a fast-moving and destructive wildfire.

On Wednesday, Los Angeles County also filed suit against Edison, saying the evidence was “clear” that the state’s second-largest utility was responsible for the blaze and that it “deliberately prioritized profits over safety” despite knowing of the “extreme fire risk” its equipment posed as Southern California faced an exceptionally strong windstorm.

“In the days and hours leading up to the Eaton fire there were red flag warnings,” Assistant County Counsel Scott Kuhn said. “We are concerned about what steps Edison took to maintain facilities…It’s certainly concerning, the fact that this keeps happening.”

Edison spokesperson Gabriela Ornelas said the power company was “reviewing the lawsuit” and would “address it through the appropriate legal process.”

“Our hearts are with the communities affected by the wildfires in Southern California,” she said.

The suit was filed alongside similar ones against Edison by the cities of Pasadena and Sierra Madre.

While state and county fire investigators have not found Edison responsible for the Eaton fire, the suits add to concerns about Edison’s potential liability for the deadliest and most destructive wildfire since the 2018 Camp Fire, which leveled the northern Sierra Nevada foothill town of Paradise, killing 85 people.

That 2018 fire bankrupted the state’s largest utility, Pacific Gas & Electric, and led to a sweeping state overhaul of how utilities prepare for and pay for wildfire damage in an era of climate change.

Following that tragedy, Gov. Gavin Newsom and the Legislature created a $21 billion wildfire fund paid for by Wall Street investors and California utility ratepayers to help PG&E exit bankruptcy and protect utilities from being financially threatened in the future by the wildfires they cause.

Six years later, experts are warning that damages from January’s LA fires could deplete the fund, or, at the very least, raise doubts about the fund’s ability to cover future wildfire losses. In February, the Standard and Poor’s credit rating agency downgraded the outlook for Edison, saying the wildfire fund was “at risk of a material depletion.”

The fund, as of January, had more than $12 billion under management, a spokesperson said, and has so far only reimbursed PG&E for the 2021 Dixie Fire, making it the only utility to date to tap the fund. PG&E has liability of more than $1.9 billion from that fire, and can recover up to $925 million from the investor-and-ratepayer funded account. The utility is required to pay the first billion itself.

Michael Wara, an attorney and expert focused on climate policy at Stanford University, said the fund could conceivably be on the hook for $8 to $9 billion if Edison is found responsible for the Eaton Fire — and perhaps more if plaintiffs attorneys prove the power company was negligent, potentially leading to noneconomic pain and suffering damages.

“Assuming that’s what happens, then the question, really, from the wildfire fund perspective, becomes: Is there enough money to pay losses?” Wara said. “And the answer is there’s probably enough money to pay for the property losses, but there’s probably not enough money if noneconomic damages are included… We’ll just have to see.”

At least two lawsuits from residents allege Edison was negligent in maintaining equipment that caused the blaze. One class action alleges that a long-out-of-service transmission tower was energized on the evening of the fire, January 7, as the utility’s equipment experienced a power surge. An improperly grounded wire sparked the foliage surrounding the fire, causing the blaze, the suit alleges.

The lawsuit also contends that security camera footage from a nearby Arco gas station published in The New York Times captures the moment of ignition from the tower.

In a Feb. 6 report to the state Public Utilities Commission, Edison said its investigation into the cause of the fire was ongoing but acknowledged that videos from “external parties” had suggested a possible link to its equipment.

“While we do not yet know what caused the Eaton wildfire, (Southern California Edison) is exploring every possibility in its investigation, including the possibility that SCE’s equipment was involved,” said Pedro J. Pizarro, president and chief executive of the utilities’ parent company, Edison International. “We have been fully engaged since the start of the fires in supporting the broader emergency response, containment, recovery and investigation efforts.”

Utility equipment has caused less than 10% of California’s wildfires — but nearly half of its most destructive fires, according to the state commission.

As wildfires across the U.S. have intensified, California has found itself on the leading edge of efforts to prevent more deadly and destructive fires ignited by downed power lines and malfunctioning equipment.

For the past five years, the state’s largest power companies have been trimming trees, deploying drones, using risk-detection technology, insulating power lines and burying lines underground.

Californians have paid a hefty price for utilities’ wildfire safety measures: From 2019 through 2023, the commission authorized the state’s three largest power companies to collect $27 billion in wildfire prevention and insurance costs from ratepayers, according to a report to the Legislature.

The costs to ratepayers are anticipated to keep rising. The commission continues to greenlight more wildfire prevention spending by PG&E, Edison and San Diego Gas & Electric. Rates are expected to continue outpacing inflation through 2027.

Before the January fires in Los Angeles, California had been roiled by a debate over the high cost of wildfire safety to ratepayers. PG&E, in particular, has pressed ahead with an expensive plan to bury power lines underground, which prevents fires sparked by electrical equipment and makes the grid more reliable. Though pricey upfront, the company argues it saves money over time by reducing the need for tree trimming and maintenance.

The downside is cost and speed — undergrounding takes a long time and costs millions per mile. Edison has argued insulated wires are a faster, cheaper alternative that can still reduce wildfire risk when combined with safety measures like fast shut-offs.

Fire safety projects are a big reason why Californians pay the highest electric bills in the nation, outside of Hawaii. California’s the major investor-owned utilities are regulated monopolies, so when they spend money on costs related to wildfires, they recover it through customers’ bills.

The price of electricity has fueled debate about how much California families should bear the cost of wildfire prevention, whether utilities are balancing risk and affordability, and whether the money is being spent wisely.

In contrast to PG&E’s line-burying, Edison has taken the approach of insulating its power lines.

Insulated lines, or “covered conductors,” can prevent sparks when palm fronds or tree branches collide with those lines during heavy wind events. The practice doesn’t protect against all risks — not, for instance, when a heavy tree falls and knocks down power lines off a pole.

Some advocates have praised Edison’s method as a faster and more cost effective way to reduce risk compared to burying lines underground. Plaintiffs’ lawsuits have suggested that the blaze was potentially ignited by out of service equipment.

“There’s probably enough money to pay for the property losses, but there’s probably not enough money if noneconomic damages are included.”
— Michael Wara, Stanford University wildfire expert

Mark Toney, executive director of consumer advocacy group The Utility Reform Network, said California should consider a major shift in how it approaches wildfire prevention and recovery.

Instead of focusing only on utility-caused wildfires, the state needs a comprehensive wildfire prevention plan that addresses all fire risks — whether sparked by power lines, lightning, arson, or other causes, he said. Every state agency should be working together under a unified strategy, rather than leaving individual municipalities and utilities to figure it out on their own, he continued.

Toney also said California should act as the insurer of last resort, warning that the state’s wildfire insurance fund could eventually be depleted. He opposes simply charging utility customers more to refill it.

He also said the state needs to debate policies like inverse condemnation, which makes utilities — both public and private — fully liable for fire damages, even if they’re not negligent. He argues this rule, along with the state’s goal for 100% power reliability, should be reconsidered as part of a larger solution.

“It’s time for a new paradigm,” Toney said. “When it comes to wildfires in California, we should not only be looking at solving the LA wildfires, we should be looking at solving for all the future wildfires in California, no matter the ignition source.”

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CalMatters reporter Malena Carollo contributed to this report.

PREVIOUSLY: Eureka City Council Tables Discussion on Increased Fees for Sewer Lateral Repairs Due to Pushback From Local Realtors, Homeowners

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The Eureka City Council returned to the hot-button issue of sewer lateral repairs at Tuesday’s meeting. After hearing widespread opposition to a proposal that would increase fees for deep or complex sewer lateral repairs, the city council voted 3-2, with council members Leslie Castellano and Kati Moulton dissenting, to maintain the status quo and deny the proposal for the time being.

More than two dozen local realtors, private contractors and homeowners voiced opposition to the proposed fee hike, which appeared on the 2024-25 fee schedule, and urged the city to overhaul the entire sewer lateral ordinance. 

But before we dig into it, here’s a little bit of background: In 2019, the Eureka City Council adopted the Private Sewer Lateral Ordinance, which shifted the responsibility of lower laterals — the section of sewer pipe that runs from the property line of a building to the sewer main under the street — to property owners. However, a few years after the ordinance was adopted, city staff reported ongoing issues with laterals not being replaced by property owners when they should be, largely due to the cost. 

To address the issue, the city council amended the ordinance in 2022 to include a point-of-sale trigger that requires a private contractor to inspect the lower lateral upon the sale or transfer of a property. The city also set up a “fee in lieu” system to give property owners the option of paying an $8,000 fee  — the average estimated cost of lower lateral replacement — to the city, which allows staff to take care of repairs for them.

[CLARIFICATION: The City of Eureka determined that the average estimated cost of lower lateral replacement is closer to $10,000. The $8,000 figure was based on a calculation that factored in a 20 percent subsidy from ratepayer funds, which helps offset costs for property owners.]

Over the years, staff has encountered an increasing number of lower lateral installations that, due to depth and complexity, exceed the average cost by thousands of dollars.

To account for the increased costs, last month, staff proposed a tiered system that would increase the “fee in lieu” to $12,600 for lower lateral installations that are more than five feet underground. Under that proposal, fees for “non-standard installation” would be determined by the city engineer. However, in response to widespread opposition from local realtors and property owners, the council decided to table its decision on the matter.

At the start of Tuesday’s public hearing, Eureka Finance Director Lane Millar said the tier for “non-standard installation” had been removed from the proposed fee schedule, though the $12,600 fee for deep lateral installation was still up for consideration. 

City Engineer Jesse Willor explained the reasoning behind the proposed fee increase and described the complex sewer systems staff has encountered. “They don’t happen all the time, but they do — surprisingly — happen,” he said.

“We try to evaluate each case [on] its own, and we can’t really set a single price for it,” Willor continued. “We’ve seen cases where the lateral goes underneath the neighbor’s home … and there’s no fronting main; that’s where the projects get expensive. That’s when you start putting around the $30,000 number because that’s a building code violation. You can’t repair a lateral that goes underneath your neighbor’s house.” 

In these complex cases, Willor said the city generally follows the same process it would for capital improvements: staff draws up a design process, the city engineer tallies a cost estimate and takes bids from contractors. However, that process can take time.

“It’s standard engineering practice, but we have to make a judgment call when it comes to the case of the ‘non-standard installations’ because we don’t want to overestimate and charge somebody too much,” he said. “We actually underestimate, in this case, and try to give a lower number. That way we don’t come in over the top of what we expect a contractor to have.”

Following Willor’s presentation, City Manager Miles Slattery emphasized that the “fee in lieu” is an optional fee. 

“When property owners have a lateral that needs to be replaced — regardless of standard or non-standard — it is up to the property owner to pay that fee or fix it themselves,” Slattery said. “If they think that they can fix it for cheaper than what our fee is, they can have at it, and they can fix it.”

The city recently received a Public Records Act (PRA) request for information related to the sewer lateral fund balance, Slattery said, which has accrued over $2,130,000. 

“We have spent $730,000 since then, and that leaves a balance of $1.4 million that is still in that [fund],” he said. “[W]e have 212 properties that have paid the fee, but the lateral work has not been done. When you add all those up, it adds up to $1.73 million. That’s a difference and a deficit of $346,000 and it really falls into alignment with that 20 percent, so there are no excess funds. … We are contributing 20 percent of our ratepayer money towards this project [which] helps us subsidize the property owners.”

Addressing a comparison previously made between local municipalities, Slattery said the City of Arcata handles repairs “in house” but charges $400 more than Eureka. Councilmember Renee Contreras-DeLoach interjected, contending that Arcata doesn’t have a fee for deeper lower laterals. There was a somewhat tense exchange between the two, but they let the subject drop.

During the public comment portion of the meeting, Heather Bergen, president of the Humboldt Association of Realtors, spoke against the proposed “fee in lieu” increase, adding that the point-of-sale trigger has “entangled us all in a web of liability.”

Bergen

“We are not the sewer lateral police,” she said. “We are simply trying to help our clients navigate and negotiate through an expensive and confusing repair where there are often no solid answers. Albeit, there is solid waste. The point-of-sale component of this ordinance is unfair. It does not and will not fix the problem that is the city’s aging sewer. We’d really like to see the entire ordinance re-evaluated.”

About a dozen other local realtors echoed Bergen’s concerns, many of whom spoke in favor of a cap on “non-standard installations.” Local realtor Joanie Frederick urged the city to come up with “an equitable solution for everyone.”

“I mean, the point of sale seems kind of like a patchwork,” she said. “It would be great to go into one block and do all the laterals and do low interest rate loans. … I know it needs to be done, and we’re ready to help you with what we run into with the issues, but I think it’s time to have an advisory group and maybe approach it a little differently.”

Local contractor Donny Mobley agreed that the city should pursue an advisory group with local realtors and asked that contractors be included in the process. “There is a lot of stuff that it’s a very gray area and every one of these is a different situation,” he said. “[Myself], along with a lot of other people in my business, have been a part of that and I think it’d be very valuable to [include] somebody in [that group] that deals with this on a daily basis.”

Other speakers said the city should pay for failing laterals. Following public comment, Councilmember Leslie Castellano addressed those comments directly. “I just want to clarify, when people say the city should pay for it, that is taxpayers,” she said. “This is governed by enterprise funds, and so they would be passed onto ratepayers. For me, I think that’s less equitable than costs being passed on[to] homeowners.”

Castellano made a motion to bring the item back for consideration in a few months to give the staff time to hash it out with local realtors and contractors. Councilmember Kati Moulton seconded the action.

Contreras-DeLoach indicated that she would vote against the motion, noting that it “doesn’t make sense” to approve the $12,600 “fee in lieu” increase if there’s a chance that the council would rejigger the ordinance. “Point being, I think there were valid points that were brought up tonight. I don’t want to vote yes on $12,600 [fee] when I think that we might need to work on this [ordinance] a little bit,” she said. “I think there’s gaps … that I think we need to work on.”

Councilmember G. Mario Fernandez said he could see the need for both the $8,000 and $12,600 fees to be approved with the rest of the fee schedule and said he would also vote no on the motion.

Catellano invited the rest of the council to come up with an alternative. After a bit of discussion and a confusing attempt, Fernandez made a motion to approve the fee schedule, aside from the $12,600 fee for deep laterals. Contreras-DeLoach seconded the motion.

The motion passed 3-2, with Castellano and Moulton dissenting.

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