CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER FEBRUARY 16, 2022
1 A regular meeting of the City Council of the City of Arcata was held on the above date at 6:00 p.m. as a hybrid meeting utilizing Zoom Video Communications and in person with Mayor AtkinsSalazar presiding. Notice of this meeting was posted on February 11, 2022. PRESENT: AtkinsSalazar, Goldstein, Matthews, Schaefer, Watson. ABSENT: None. STAFF PRESENT: City Manager Diemer, City Attorney Diamond, Assistant City Manager/Personnel Director Demello, Director of Community Development Loya, Finance Director Starzhevskiy, City Engineer Khatri, Director of Environmental Services Sinkhorn, Senior Planner Freitas, Deputy Director of Environmental Services—Community Services Benvie, IT Manager Savage, City Clerk Dory.
FLAG SALUTE
Mayor Atkins-Salazar led the Pledge of Allegiance.
CEREMONIAL MATTERS
A. Proclamation Recognizing February 22, 2022, as Spay Day USA.
Councilmember Matthews read the proclamation.
REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Economic Development Committee.
Serg Mihaylo, Chair of the Economic Development Committee, gave an oral version of the Committee's Annual Report.
Mayor Atkins-Salazar invited public comment.
Kent Sawatzky said he looked forward to all of Humboldt County's economy benefiting from Humboldt State University becoming California Polytechnic University Humboldt.
Mayor Atkins-Salazar closed the public comment period.
EARLY ORAL COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
Kent Sawatzky expressed his concern with the City's litigation expenses and recommended the Council discuss this in a public forum.
Oz of Arcata spoke of his concern with Arcata's aging water supply infrastructure and increased demand.
Joanne McGarry reminded the Council the world is in a climate emergency and that it should consider the importance of a declaration of climate emergency.
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Margie Nulsen spoke about crimes occurring at the Arcata Marsh and Wildlife Sanctuary and the current lack of police presence there. She suggested instituting a community patrol, more police presence, or video surveillance.
An unidentified person spoke in favor of the Gateway Area Plan and more affordable housing in Arcata.
Uri Driscoll said staff should not be promoting use of the Ridge Trail Crossing until issues of its impact on neighboring properties was resolved.
Mayor Atkins-Salazar closed Early Oral Communications.
CONSENT CALENDAR
Councilmember Watson requested items D, E, and F be removed for further discussion.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY SCHAEFER, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR FEBRUARY 16, 2022, WITH THE EXCEPTION OF THE FOLLOWING THREE ITEMS: D. ADOPT RESOLUTION NO. 212-42 APPROVING A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS; E. APPROVE
AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN COOPERATION
HUMBOLDT AND THE CITY OF ARCATA FOR COMUNIDAD UNIDA DEL NORTE DE
ARCATA (CUNA) VALLEY WEST COMMUNITY ENGAGEMENT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS; AND F.
AUTHORIZE THE CITY MANAGER TO ENTER INTO A PURCHASE AND SALE
AGREEMENT WITH CAL POLY HUMBOLDT ADVANCEMENT FOUNDATION TO ACQUIRE ASSESSOR'S PARCEL NO. (APN) 505-251-011 AND A PUBLIC ACCESS EASEMENT OVER A PORTION OF APN 505-251-013 ADJACENT TO THE ARCATA MARSH AND WILDLIFE SANCTUARY. AYES: ATKINS-SALAZAR, GOLDSTEIN, MATTHEWS, SCHAEFER, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
Councilmember Watson read the Proclamation Recognizing February 2022 as National Children's Dental Health Month.
A. Approve the Minutes of the City Council Meeting of January 28, 2022.
B. Approve the Minutes of the City Council Meeting of February 2, 2022.
C. Bi-Weekly Report on General Warrants.
D. Item VII-D was moved to Items Removed from Consent Calendar.
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E. Item VII-E was moved to Items Removed from Consent Calendar.
F. Item VII-F was moved to Items Removed from Consent Calendar.
G. Proclamation Recognizing February 2022 as National Children's Dental Health Month.
RECESS: The Council recessed from 7:14 to 7:19 p.m.
ITEMS REMOVED FROM CONSENT CALENDAR
D. Adopt Resolution No. 212-42 Approving a Notification of Intent to Comply with Senate Bill 1383 Regulations, and Authorize the City Manager to Execute All Applicable Documents.
On inquiry by Councilmember Watson, Deputy Director of Environmental Services--Community Services Benvie described the six components of SB 1383 regarding the reduction of organic waste.
She said that SB 619 gave entities a one-year extension to come into compliance with SB 1383, and Resolution No. 212-42 would put forth the City's intention to comply with the requirements of SB 1383 . Deputy Director Benvie then answered questions from the City Council.
Mayor Atkins-Salazar invited public comment.
Joanne McGarry said that a lot of grassroots composting projects could take place before the regional system was instituted.
Uri Driscoll expressed his concern with requiring another can for waste. He also said he didn't see a plan for what would happen if the City was unable to comply with SB 1383.
Kent Sawatzky suggested the City try to contest implementation of SB 1383 as he believed there would be significant costs involved in the program.
Maggie Gainer said that Zero Waste Humboldt was pleased with SB 1383. She said that as it was implemented, it would be important for everyone to pay close attention.
Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY WATSON, SECONDED BY SCHAEFER, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 212-42 APPROVING A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS,
AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: ATKINS-SALAZAR, GOLDSTEIN, MATTHEWS, SCHAEFER, WATSON. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
E. Approve Amended Memorandum of Understanding between Cooperation Humboldt and the City of Arcata for Comunidad Unida del Norte de Arcata (CUNA) Valley West Community Engagement; and Authorize the City Manager to Execute All Applicable Documents.
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City Manager Diemer reminded the Council that it allocated some American Rescue Plan Act (ARPA) funds to support the Valley West Neighborhood. The Council entered into a three-month initial contract with Cooperation Humboldt—Comunidad Unida del Norte de Arcata (CUNA). She said staff was recommending the Council approve the contract in one-year increments.
Director of Environmental Services Sinkhorn explained the City wanted to recognize the good work being accomplished in Valley West and wanted to insure the City's investment was sound on the ground.
David, from Cooperation Humboldt, said it had been a joy to work with City staff who had been incredibly helpful.
ON MOTION BY WATSON, SECONDED BY SCHAEFER, AND WITH A UNANIMOUS
VOICE VOTE, THE COUNCIL APPROVED THE AMENDED MEMORANDUM OF
UNDERSTANDING BETWEEN COOPERATION HUMBOLDT AND THE CITY OF
ARCATA FOR COMUNIDAD UNIDA DEL NORTE DE ARCATA (CUNA) VALLEY WEST COMMUNITY ENGAGEMENT; AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: ATKINS-SALAZAR, GOLDSTEIN, MATTHEWS, SCHAEFER, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
F. Authorize the City Manager to Enter into a Purchase and Sale Agreement with Cal Poly Humboldt Advancement Foundation to Acquire Assessor's Parcel No. (APN) 505- 251-011 and a Public Access Easement over a Portion of APN 505-251-013 Adjacent to the Arcata Marsh and Wildlife Sanctuary.
Director of Environmental Services Sinkhorn said the City had been working with Cal Poly Humboldt to acquire a small marsh parcel off of Samoa Boulevard adjacent to the north marsh. She said the City saw the property as potential for future mitigation for projects in the City. She noted that it was contiguous to the Arcata Marsh and Wildlife Sanctuary and could facilitate enhanced coastal access through Samoa Boulevard.
Mayor Atkins-Salazar invited public comment.
Uri Driscoll said that per capita, Arcata owned more acreage than anywhere else in the country and that Arcata needed to look at these projects carefully rather than just accepting more acreage.
Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY WATSON, SECONDED BY SCHAEFER, AND WITH A UNANIMOUS
VOICE VOTE, THE COUNCIL AUTHORIZED THE CITY MANAGER TO ENTER INTO
A PURCHASE AND SALE AGREEMENT WITH CAL POLY HUMBOLDT
ADVANCEMENT FOUNDATION TO ACQUIRE ASSESSOR'S PARCEL NO. (APN) 505- 251-011 AND A PUBLIC ACCESS EASEMENT OVER A PORTION OF APN 505-251-013 ADJACENT TO THE ARCATA MARSH AND WILDLIFE SANCTUARY. AYES:
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ATKINS-SALAZAR, GOLDSTEIN, MATTHEWS, SCHAEFER, WATSON. NOES: NONE.
ABSENT: NONE. ABSTENTIONS: NONE.
OLD BUSINESS
A. Approve the Old Arcata Road Rehabilitation and Pedestrian/Bikeways Improvement Project.
City Engineer Khatri gave a brief overview and history of the development of the Old Arcata Road Rehabilitation and Pedestrian/Bikeways Improvement project. He answered the question of whether or not large trucks (logging trucks, fire trucks, STAA trucks, etc.) could navigate the roundabout by stating yes, they could.
Director of Community Development Loya gave a high-level overview of the environmental analysis and stated that the City was the lead agency for purposes of California Environmental Quality Act (CEQA) review. He stated that the Council was being asked that evening certify the final environmental impact report (EIR), approve the Coastal Development Permit, and approve the project design. He said the County of Humboldt would take separate action on the Coastal Development Permit on its portion of the project in the County. Further, Caltrans was conducting the NEPA review for the funding it was providing toward the project. Director Loya said there were no concerns that had not been addressed in the Draft EIR, Recirculated Draft EIR or the Final EIR.
He said that nothing new had been raised at that point that would delay adoption of the Final EIR or cause recirculation. Further, the Final EIR found all potential impacts were mitigated to less than a significant amount. Director Loya said staff's recommendation was that the Council certify the Final EIR by adopting Resolution No. 212-44. He noted the recommendation by staff was supported by both the Historic Landmarks Committee and the Planning Commission.
At this point in the meeting, staff and consultants answered questions from the Council about the project.
Mel Melvin, from JRP Historical Consulting, said there would be no direct impacts to any historic property because the entire project was within the right of way. The only impact would be visual and only affect those properties immediately adjacent to the roundabout. The current intersection is not in the historic configuration as it was redesigned in 1947. A roundabout constructed in that area would not be destroying a historic intersection, just modifying an already modern intersection.
On inquiry by Councilmember Watson, City Attorney Diamond addressed the relationship of Transportation Safety Committee (TSC) member Josh Wolf, who was also an employee of GHD.
She said she did not believe there existed a financial conflict of interest issue because there was no financial impact on Mr. Wolf. She said the project was presented to the Transportation Safety Committee as early as 2016 and the City contracted with GHD in 2018. She said this issue was reviewed by GHD when the Request for Proposals was under consideration and looked at again in response to a letter from Bayside Cares' attorney. City Attorney Diamond said there was no impact from this work on Mr. Wolf's salary. Further, since GHD was awarded the contract with the City in 2018, as a TSC member, Mr. Wolf had disqualified himself from any discussion when this item has appeared on the Committee's agenda. She said that was a further acknowledged basis for mitigating and eliminating any potential conflict of interest.
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Mayor Atkins-Salazar invited public comment.
The following persons spoke in favor of approval of the project: Lew Litzky, Miriam Billinger, Mary O'Brien, Eric Hall, Gordon Inkeles, Emily, Mike and Sara Dronkers, Carla Paliaga, Jim Zoellick, Steve McDonald, Will F., Michael Winkler, Gwelen Paliaga, Chelsey Castiglione, Evan Hatfield, Daniel, Jude Power, Michael Griffin, Oz of Arcata, Sherry, Zoe Billinger, Lee Devany, and Clara Zander McDonald.
The following persons spoke against the project or against the roundabout portion: Sue Moore, Uri Driscoll, Kent Sawatzky, Alice Finen, Marc Delany, Maggie Gainer, and Grayson.
Councilmember Watson exited the Council Chamber at 8:58 p.m. and returned at 8:59 p.m.
The following persons submitted written comment in favor of approval of the project: Chip Sharpe, Celestine Armenta, and Jim Zoellick.
The following persons/company submitted written comments in favor of denial of the project or requested more study: Chris Johnson Hamer, attorney for Bayside Cares; Sue Moore; Susan McPherson; and Green Diamond Resource Company.
Mayor Atkins-Salazar closed the public comment period.
SCHAEFER MOVED AND MATTHEWS SECONDED TO CLOSE THE PUBLIC HEARING AND ADOPT RESOLUTION NO. 212-44 CERTIFYING THE OLD ARCATA
ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS PROJECT FINAL
ENVIRONMENTAL IMPACT REPORT (EIR. SCH # 2021010176) AND ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP); AND APPROVE
THE ACTION OF THE CITY COUNCIL REGARDING THE OLD ARCATA ROAD
PEDESTRIAN AND BIKEWAY IMPROVEMENTS PROJECT WITH FINDINGS FOR
APPROVAL AND CONDITIONS OF APPROVAL BASED ON THE FINAL EIR DESIGN PLAN SET.
Councilmember Watson requested more time to read the Environmental Impact Report and asked for a legal analysis of the February 11, 2022, letter from the attorney for Bayside Cares.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSTENTION. AYES: ATKINS-SALAZAR, GOLDSTEIN, MATTHEWS, SCHAEFER.
NOES: NONE. ABSENT: NONE. ABSTENTIONS: WATSON.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
Oz of Arcata recommended 38 acres of the Arcata Gateway Area be reserved for a greenbelt area or reforestation.
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Mayor Atkins-Salazar closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
Councilmember Matthews announced that the Chamber Awards Dinner would be held Friday, February 18, 2022, via Zoom. She also said it had been an honor to serve with Councilmember Goldstein.
Mayor Atkins-Salazar and Councilmember Schaefer thanked Councilmember Goldstein for her service and said, too, it had been an honor to serve with her.
Councilmember Goldstein thanked the community for its love and support.
Councilmember Watson said he appreciated everything Councilmember Goldstein had done for the City and he wished her well.
DATES OF FUTURE MEETINGS
A. Goal Setting Study Sessions, Tuesday, March 1, and Tuesday, March 8, 2022, at 5:30 p.m. in the Council Chamber.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD GOAL SETTING STUDY SESSIONS ON TUESDAY, MARCH 1 AND TUESDAY, MARCH 8, 2022, IN THE COUNCIL CHAMBER.
ADJOURNMENT
The meeting was adjourned at 9:20 p.m.
Respectfully submitted,
Bridget Dory
City Clerk