CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER MAY 04, 2022
1 SPECIAL MEETING
A special meeting of the City Council of the City of Arcata was held on the above date at 5:33 p.m. as a hybrid meeting, in person and as a teleconference utilizing Zoom Video Communications, with Mayor Atkins-Salazar presiding. Notice of this meeting was posted on April 29, 2022. PRESENT: Atkins-Salazar, Schaefer, Matthews, Watson. ABSENT: None.
STAFF PRESENT: City Manager Diemer, Director of Environmental Services Sinkhorn, IT Manager Savage, City Clerk Dory.
PUBLIC COMMENT
There was no public comment.
COMMITTEE INTERVIEWS
A. Interview Two Applicants for Three Vacancies on the Parks and Recreation Committee for Terms Expiring March 31, 2023 and 2025.
The Council interviewed Bonnie MacEvoy and John Kell III for three open positions on the Parks and Recreation Committee.
ADJOURNMENT
The meeting was adjourned at 5:56 p.m.
REGULAR MEETING
A regular meeting of the City Council of the City of Arcata was held on the above date at 6:01 p.m. as a hybrid meeting, via teleconference utilizing Zoom Video Communications and in person, with Mayor Atkins-Salazar presiding. Notice of this meeting was posted on April 29, 2022. PRESENT: Atkins-Salazar, Schaefer, Matthews, Watson. ABSENT: None. STAFF PRESENT: City Manager Diemer, City Attorney Diamond, Director of Environmental Services Sinkhorn, Director of Community Development Loya, Chief of Police Ahearn, Assistant City Manager/Personnel Director Demello, Finance Director Starzhevskiy, City Engineer Khatri, Deputy Director of Environmental Services—Community Services Benvie; Senior Planner Mateer, IT Manager Savage, City Clerk Dory.
The City Council and those in attendance observed a moment of silence in memory of Thea Gast, former City Councilmember and Mayor.
FLAG SALUTE
Mayor Atkins-Salazar led the Pledge of Allegiance.
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CEREMONIAL MATTERS
A. Proclamation in Recognition of the 30th Annual National Association of Letter Carriers' Food Drive Day, Saturday, May 14, 2022.
Councilmember Watson read the proclamation and presented it to Allison Kenney and Carl Catano who said they were grateful for everyone's support and for the work of the letter carriers.
B. Proclamation in Recognition of National Nurses Week, May 6-12, 2022.
Councilmember Schaefer read the proclamation.
C. Proclamation in Recognition of National Hospital Week, May 8-14, 2022.
Mayor Atkins-Salazar read the proclamation and presented it to Jason Orlandi and David Neal who announced that this year was the 50th anniversary of Mad River Community Hospital and said they were honored to accept the proclamation on behalf of their fellow nurses at MRCH.
D. Proclamation Recognizing May 2022 as National Historic Preservation Month.
Councilmember Matthews read the proclamation and presented it to Dr. Jeanette Cooper and Bill Chino who accepted it on behalf of the Historical Sites Society of Arcata.
EARLY ORAL COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
Marian Amber appeared before the Council and said that multiple vacation rentals in one block effectively changed the character of a neighborhood. She suggested the City deeply consider studying the vacation rental situation.
James Becker appeared before the Council and said that, in regard to the Gateway Area Plan, meaningful engagement should be followed by proper planning, and that he looked forward to more meaningful engagement.
Mayor Atkins-Salazar closed the public comment period.
CONSENT CALENDAR
Councilmember Watson removed items D, E, F, and H from the Consent Calendar for further discussion.
ON MOTION BY MATTHEWS, SECONDED BY SCHAEFER, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR MAY 4, 2022, WITH THE EXCEPTION OF THE FOLLOWING ITEMS: D.
DECLARE A CONTINUATION OF THE LOCAL EMERGENCY RELATED TO THE CORONAVIRUS PANDEMIC; E. AWARD A CONTRACT IN THE AMOUNT OF $2,910,612 TO CAROLLO ENGINEERS, INC., FOR THE CONSTRUCTION May 4, 2022
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MANAGEMENT AND INSPECTION SERVICES FOR PHASE I OF THE ARCATA
WASTEWATER TREATMENT FACILITIES UPGRADE PROJECT, AND
AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE
DOCUMENTS; F. ADOPT RESOLUTION NO. 212-58 ACCEPTING A PUBLIC TRAIL
EASEMENT FROM EUREKA READY MIX CONSISTING OF A PORTION OF ASSESSOR'S PARCEL NO. 507-131-091, ADJACENT TO CARLSON PARK; AND H.
ADOPT RESOLUTION NO. 212-65, A RESOLUTION APPROVING AN APPLICATION
FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2021-2022 FUNDING YEAR OF THE STATE CDBG PROGRAM. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, WATSON. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of April 20, 2022, at 6:00 p.m.
B. Approve the Minutes of the City Council Meeting of April 27, 2022 at 6:30 p.m.
C. Bi-Weekly Report on General Warrants.
D. Item VII-D was moved to Items Removed from Consent Calendar.
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. Award a Three-Year Professional Services Agreement for Housing Loan Program Portfolio Management, Not to Exceed $10,000 Annually, to Community Reinvestment Fund, USA (CRF); Authorize Staff to Work with CRF to Finalize the Agreement; and Authorize the City Manager to Execute All Necessary Documents.
H. Item VII-H was moved to Items Removed from Consent Calendar.
ITEMS REMOVED FROM CONSENT CALENDAR
D. Declare a Continuation of the Local Emergency Related to the Coronavirus Pandemic.
On inquiry by Councilmember Watson, City Manager Diemer stated the language in the findings had been recently updated per his request.
SCHAEFER MOVED AND MATTHEWS SECONDED TO DECLARE A
CONTINUATION OF THE LOCAL EMERGENCY RELATED TO THE
CORONAVIRUS PANDEMIC.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: ATKINSSALAZAR, SCHAEFER, MATTHEWS, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
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E. Award a Contract in the Amount of $2,910,612 to Carollo Engineers, Inc., for the Construction Management and Inspection Services for Phase 1 of the Arcata Wastewater Treatment Facilities Upgrade Project; and Authorize the City Manager to Execute all Applicable Documents.
On inquiry by Councilmember Watson, staff gave the following explanations: The project received a Community Development Block Grant which would pay for the UV disinfection portion of the project; the City was qualified to receive funding from the State Revolving Fund; the City's wastewater was currently disinfected by chlorine; Councilmember Watson's tour of the Wastewater Treatment Facility had been canceled due to protocols in place; the project was proceeding on schedule; "Contractor Selection Assistance" was having a team assist the City in awarding the construction contract; there were currently multiple project managers, but soon it would just be Grants and Special Projects Manager Jessica Jewett; and, the estimate for the contract was no longer preliminary.
WATSON MOVED AND SCHAEFER SECONDED TO AWARD A CONTRACT IN THE AMOUNT OF $2,910,612 TO CAROLLO ENGINEERS, INC., FOR THE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PHASE 1 OF THE ARCATA WASTEWATER TREATMENT FACILITIES UPGRADE PROJECT;
AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period
THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: ATKINSSALAZAR, SCHAEFER, MATTHEWS, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
F. Adopt Resolution No. 212-58 Accepting a Public Trail Easement from Eureka Ready Mix Consisting of a Portion of Assessor's Parcel No. 507-131-091, Adjacent to Carlson Park.
Councilmember Watson congratulated staff for a great job on the staff report.
WATSON MOVED AND SCHAEFER SECONDED TO ADOPT RESOLUTION NO. 212- 58 ACCEPTING A PUBLIC TRAIL EASEMENT FROM EUREKA READY MIX CONSISTING OF A PORTION OF ASSESSOR'S PARCEL NO. 507-131-091, ADJACENT TO CARLSON PARK.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period
THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: ATKINSSALAZAR, SCHAEFER, MATTHEWS, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
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H. Adopt Resolution No. 212-65, a Resolution Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto From the 2021-2022 Funding Year of the State CDBG Program.
In response to inquiries by Councilmember Watson, staff responded: The phrase, "any amendments thereto" meant the contract could have minor amendments in the future, and the agreement was with the State Department of Housing and Community Development; Mayor Atkins-Salazar invited public comment.
An unidentified speaker commented that they felt there was a limited amount of public input in this project and suggested the project be slowed in order to give the public more of an opportunity to provide input.
Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY SCHAEFER, SECONDED BY MATTHEWS, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 212-65, A
RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2021-2022 FUNDING YEAR OF THE STATE CDBG PROGRAM. AYES:
ATKINS-SALAZAR, SCHAEFER, MATTHEWS, WATSON. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
OLD BUSINESS
A. Public Hearing to Approve the Annual Engineer's Report and Declare the City's Intention to Continue to Levy and Collect Assessments of Existing Assessment Districts to Include Mad River Parkway Business Center, Windsong, and Janes Creek Meadow Landscape Maintenance Assessment Districts.
City Engineer Khatri explained that the Council was being asked to give its annual approval of the assessments for the City's three active landscape assessment districts--Windsong, Janes Creek Meadow, and Mad River Parkway Business Center. He said the assessments paid for the City to maintain the landscaping in these areas. He stated that the purpose of the Engineer's Report was to make sure the residents were not being overcharged, and that staff did this by comparing staff time spent on maintenance to the income received from the assessments.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
WATSON MOVED TO APPROVE NEW BUSINESS ITEM A. MATTHEWS
SECONDED THE MOTION. THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, WATSON. NOES:
NONE. ABSENT: NONE. ABSTENTIONS: NONE.
RECESS: The Council recessed from 6:46 to 6:51 p.m.
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When the meeting resumed and upon request from the City Clerk, the Council restated its previous motion as follows: ON MOTION BY SCHAEFER, SECONDED BY
MATTHEWS, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL
APPROVED THE ANNUAL ENGINEER'S REPORTS; DECLARED THE CITY'S
INTENTION TO CONTINUE TO LEVY AND COLLECT ASSESSMENTS OF EXISTING ASSESSMENT DISTRICTS; AND ADOPTED THE MAD RIVER
PARKWAY BUSINESS CENTER LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT RESOLUTION NO. 212-47, THE JANES CREEK MEADOW LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT RESOLUTION NO. 212-46, AND THE
WINDSONG LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT RESOLUTION NO. 212-48. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, WATSON.
NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
NEW BUSINESS
A. Appoint up to Two New Members to the Parks and Recreation Committee for Terms Expiring March 31, 2023 or 2025.
MATTHEWS MOVED AND SCHAEFER SECONDED TO APPOINT BONNIE
MacEVOY AND JOHN KELL III TO THE PARKS AND RECREATION COMMITTEE FOR TERMS EXPIRING MAY 31, 2025.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: ATKINSSALAZAR, SCHAEFER MATTHEWS, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
B. Consider Amending the City of Arcata’s Commercial Cannabis Activity Permit Regulations.
City Manager Diemer opened the item by explaining that the Council would be considering lowering the limit on cannabis retail sales establishments from the current 15 to 10.
Senior Planner Mateer requested the Council adopt Resolution No. 212-64 amending the current Commercial Cannabis Activity Permit regulations to lower the limit for cannabis retail sales establishments in Arcata from 15 to 10. He stated that, at this point, the Planning Commission had approved 10 Use Permits for cannabis retail sales establishments. He directed the Council's attention to paragraph 6(I) in the City's Commercial Cannabis Activity Permit Regulations which the resolution would amend to say, "Retailer Permit Limitations. The number of Retailer Permits issued by the City of Arcata shall be limited to ten (10)." Mayor Atkins-Salazar invited public comment.
An unidentified speaker asked if the City would be able to give local dispensary applicants priority over out-of-town applicants.
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Jennifer Hudson, from Pacific Paradise, spoke to the current close proximity of the retail sales businesses. She thanked the Council for hearing and supporting the business owners.
Roy Gomez said he felt Eureka should have no limit on its cannabis retail businesses, but agreed with the limit of 10 businesses in Arcata.
Maryellen Jurkovich, Humboldt Patient Resource Center, said she thought the limit of 10 was great and asked the Council to approve it.
Mayor Atkins-Salazar closed the public comment period.
The Council discussed amending the Land Use Code to require cannabis retail sales establishments be located at least 500 feet from one another.
ON MOTION BY MATTHEWS, SECONDED BY SCHAEFER, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL AMENDED THE COMMERCIAL
CANNABIS ACTIVITY PERMIT REGULATIONS TO THE NUMBER OF RETAIL PERMITS ISSUED BY THE CITY OF ARCATA BE LIMITED TO 10 AND DIRECTED STAFF TO LOOK INTO LAND USE CODE CHANGES. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
C. Adopt Resolution No. 212-62 Approving the 2021 General Plan Annual Progress Report.
Director of Community Development Loya requested the Council adopt Resolution No. 212-62 approving Arcata's General Plan Annual Performance Report required by the state. He went on to give an in-depth description of Arcata's Housing Element, the state's requirements for Housing Elements, and how Arcata was meeting the requirements of its housing allocation.
Mayor Atkins-Salazar invited public comment.
Patricia Cambianica asked if housing in Valley West and the St. Louis Road areas would be single-family homes or apartments and condominiums. She suggested townhomes be considered for the Gateway Area.
Joanne McGarry asked if the state's required numbers for housing were uniform for all municipalities regardless of their location and unique situations.
Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY MATTHEWS, SECONDED BY SCHAEFER, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 212-62
FORWARDING THE GENERAL PLAN ANNUAL PROGRESS REPORT TO THE STATE OFFICE OF PLANNING AND RESEARCH. AYES: ATKINS-SALAZAR, May 4, 2022
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SCHAEFER, MATTHEWS, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
An unidentified speaker spoke against the Arcata Police Department receiving and using military equipment.
Joanne McGarry reported that at the Earth Day Farmers' Market celebration she was able to sign up 16 people to obtain compost bins from the City. She requested the City no longer use gaspowered lawn mowers.
An unidentified speaker recommended the City not develop a roadway on the L Street corridor from K Street to Samoa Boulevard, but, rather, retain the current bicycle and pedestrian path.
Mayor Atkins-Salazar closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
A. Update from Emily Benvie, Deputy Director of Environmental Services— Community Services, on Progress towards Compliance with Senate Bill 1383 to Reduce Organic Waste.
Deputy Director of Environmental Services—Community Services Benvie updated the Council on local efforts to comply with Senate Bill 1383 relating to the recycling of organics.
Councilmember Watson exited the Council Chamber at 8:06 p.m. and returned at 8:08 p.m.
Mayor Atkins-Salazar invited public comment.
Isaac West, Full Cycle Compost, said his business picks up food waste from homes and delivers it to local schools and gardens for compost. He said that having decentralized composting could be good for Arcata and it would be nice to carve out space for local small businesses to operate.
Mayor Atkins-Salazar closed the public comment period.
B. Other Council and Staff Reports.
Mayor Atkins-Salazar reporting on her attendance at a meeting of the Board of Directors of Arcata Main Street.
DATES OF FUTURE MEETINGS
A. Budget Overview Study Session, Wednesday, May 25, 2022, at 5:30 p.m., in the Council Chamber.
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B. Study Session with Committee Chairs, Tuesday, May 31, 2022, at 6:00 p.m., in the Council Chamber.
ADJOURNMENT
The meeting was adjourned at 8:18 p.m. in memory of Thea Gast, former Arcata City Councilmember and Mayor.
Respectfully submitted,
Bridget Dory
City Clerk