CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER JULY 20, 2022
1 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 July 15, 2022. PRESENT:
Atkins-Salazar, Schaefer (via teleconference), Matthews, Stillman. ABSENT: Watson. STAFF PRESENT: City Manager Diemer, Director of Community Development Loya, Chief of Police Ahearn, City Engineer Khatri, Finance Director Starzhevskiy, Deputy Director of Community Development Dart, Assistant City Engineer Caisse, Contracts and Special Projects Manager Allred, IT Manager Savage, City Clerk Dory.
FLAG SALUTE
Mayor Atkins-Salazar led the Pledge of Allegiance.
EARLY ORAL COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
Joanne McGarry said she attended former Mayor Thea Gast's memorial; said Arcata could be the vanguard in organic waste recycling; and asked the Council to re-declare a climate emergency.
The following persons from the Humboldt Area Center for Harm Reduction (HACHR) spoke of the services it offered to the less fortunate, their part in providing those services, and its move to Arcata:
Jasmine Ghera, Brandy, Jessica, and Bill Taylor.
Patricia Cambianica spoke in favor of keeping the L Street bicycle pathway as it currently was and to further enhance it as a linear park.
Jim Becker also spoke in favor of identifying the L Street trail as an existing park and improving it to become a high-quality park with enhanced wetlands.
Fred Weis said the Gateway Area Plan did not provide much of an opportunity for home ownership.
He also advocated for children's playgrounds in the Gateway Area.
Mayor Atkins-Salazar closed Early Oral Communications.
CONSENT CALENDAR
Mayor Atkins-Salazar removed items F and G for further discussion.
Councilmember Matthews removed item J for further discussion.
Arcata resident Fred Weis requested item I be removed for further discussion.
STILLMAN MOVED AND MATTHEWS SECONDED TO ADOPT THE CONSENT CALENDAR FOR JULY 20, 2022, WITH THE EXCEPTION OF THE FOLLOWING ITEMS: F. AWARD A CONSTRUCTION CONTRACT FOR THE 2022 ARCATA July 20, 2022
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ASPHALT GRIND-OUT AND INLAY PROJECT TO KERNEN CONSTRUCTION IN THE AMOUNT OF $108,570.20; AUTHORIZE THE CITY ENGINEER TO INCREASE THE CONTRACT AMOUNT BY UP TO $21,714.04 (20 PERCENT, FOR A TOTAL NOT TO EXCEED $130,284.24) TO ALLOW FOR ANY UNFORESEEN CONTINGENCIES AND ADDITIONAL PAVING WORK AS NECESSARY; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS; G. APPROVE THE
LANGUAGE OF THE PRIMARY ARGUMENT IN FAVOR OF THE UTILITY USERS TAX MEASURE ON THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION BALLOT; I. APPROVE THE RESPONSE TO THE 2021-2022 GRAND JURY REPORT, "SILVER TSUNAMI WARNING: SAFEGUARDING OUR SENIORS," AUTHORIZE THE
POLICE CHIEF TO SIGN THE RESPONSE, AND DIRECT STAFF TO FORWARD THE
RESPONSE TO THE PRESIDING JUDGE OF THE HUMBOLDT COUNTY SUPERIOR COURT; AND J. ADOPT RESOLUTION NO. 223-07 ADDING A WIYOT ANCESTRAL
LANDS ACKNOWLEDGMENT TO THE ARCATA CITY COUNCIL MEETING AGENDAS AND OTHER MINOR UPDATES TO THE AGENDA OUTLINE.
Mayor Atkins-Salazar invited public comment. None was received Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE.
ABSENT: WATSON. ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of June 1, 2022.
B. Approve the Minutes of the City Council Meeting of June 14, 2022.
C. Bi-Weekly Report on Disbursements.
D. Declare a Continuation of the Local Emergency Related to the Coronavirus Pandemic.
E. Award Contract for the 2022 Shay Park Improvement Project to Hooven & Co., Inc., in the Amount of $100,080; Authorize the City Engineer to Increase the Contract Amount by up to $15,012 (15 percent, for a Total of $115,092); and Authorize the City Manager to Execute All Applicable Documents.
F. Item VII-F was moved to Items Removed from Consent Calendar.
G. Item VII-G was moved to Items Removed from Consent Calendar.
H. Approve the Response to the 2021-2022 Grand Jury Report, "Custody, Corrections and Other County Facilities," Authorize the Police Chief to Sign the Response, and Direct Staff to Forward the Response to the Presiding Judge of the Humboldt County Superior Court.
I. Item VII-I was moved to Items Removed from Consent Calendar.
J. Item VII-J was moved to Items Removed from Consent Calendar.
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ITEMS REMOVED FROM CONSENT CALENDAR
F. Award a Construction Contract for the 2022 Arcata Asphalt Grind-Out and Inlay Project to Kernen Construction in the Amount of $108,570.20; Authorize the City Engineer to Increase the Contract Amount by up to $21,714.04 (20 Percent, for a Total Not to Exceed $130,284.24) to Allow for Any Unforeseen Contingencies and Additional Paving Work as Necessary; and Authorize the City Manager to Execute All Applicable Documents.
Assistant City Engineer Caisse explained that this contract was for citywide minor grind-out and inlay work. He said the Complete Streets Policy had an exemption for maintenance and this project fit into that category.
STILLMAN MOVED AND MATTHEWS SECONDED TO AWARD A CONSTRUCTION CONTRACT FOR THE 2022 ARCATA ASPHALT GRIND-OUT AND INLAY PROJECT TO KERNEN CONSTRUCTION IN THE AMOUNT OF $108,570.20; AUTHORIZE THE CITY ENGINEER TO INCREASE THE CONTRACT AMOUNT BY UP TO $21,714.04 (20 PERCENT, FOR A TOTAL NOT TO EXCEED $130,284.24) TO ALLOW FOR ANY
UNFORESEEN CONTINGENCIES AND ADDITIONAL PAVING WORK AS
NECESSARY; AND AUTHORIZED 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 FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE.
ABSENT: WATSON. ABSTENTIONS: NONE.
G. Approve the Language of the Primary Argument in Favor of the Utility Users Tax Measure on the November 8, 2022, General Municipal Election Ballot.
Mayor Atkins-Salazar noted that Councilmember Stillman was suggesting some editing to the argument in favor that was included in the packet.
MATTHEWS MOVED AND STILLMAN SECONDED TO ACCEPT AND APPROVE THE
LANGUAGE IN THE ARGUMENT IN FAVOR OF THE UTILITY USERS TAX MEASURE AS PROPOSED BY COUNCILMEMBER STILLMAN.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE.
ABSENT: WATSON. ABSTENTIONS: NONE.
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I. Approve the Response to the 2021-2022 Grand Jury Report, "Silver Tsunami Warning:
Safeguarding Our Seniors," Authorize the Police Chief to Sign the Response, and Direct Staff to Forward the Response to the Presiding Judge of the Humboldt County Superior Court.
Mayor Atkins-Salazar invited public comment.
Fred Weis noted that this particular Grand Jury Report was about safeguarding seniors, but the community had just lost 89 senior housing units in the Creekside development. He asked if there was any way the City could reverse its annexation of the site since it would no longer have senior housing.
Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A FOUR-TOZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL APPROVED THE RESPONSE TO THE 2021-2022 GRAND JURY REPORT, "SILVER TSUNAMI WARNING: SAFEGUARINDG OUR SENIORS," AUTHORIZED THE POLICE CHIEF TO
SIGN THE RESPONSE, AND DIRECTED STAFF TO FORWARD THE RESPONSE TO THE PRESIDING JUDGE OF THE HUMBOLDT COUNTY SUPERIOR COURT. AYES:
ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE. ABSENT:
WATSON. ABSTENTIONS: NONE.
J. Adopt Resolution No. 223-07 Adding a Wiyot Ancestral Lands Acknowledgment to the Arcata City Council Meeting Agendas and Other Minor Updates to the Agenda Outline.
Mayor Atkins-Salazar invited public comment.
Joanne McGarry said Arcata needed to be in the forefront of these types of items.
Mayor Atkins-Salazar closed the public comment period.
Mayor Atkins-Salazar requested the sentence about the Brown Act, under Early Oral Communications, be repeated under Oral and Written Communications on the agenda outline.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A FOUR-TOZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL ADOPTED RESOLUTION NO. 223-07 ADDING A WIYOT ANCESTRAL LANDS ACKNOWLEDGMENT TO THE
ARCATA CITY COUNCIL MEETING AGENDAS AND OTHER MINOR UPDATES TO
THE AGENDA OUTLINE, AS AMENDED BY ADDING THE FOLLOWING SENTENCE UNDER ORAL AND WRITTEN COMMUNICATIONS: "PLEASE KNOW THAT,
PURSUANT TO THE BROWN ACT, THE COUNCIL CANNOT DISCUSS OR TAKE ACTION ON ITEMS THAT ARE NOT LISTED ON THE POSTED AGENDA." AYES:
ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE. ABSENT:
WATSON. ABSTENTIONS: NONE.
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NEW BUSINESS
A. Adopt Resolution Nos. 223-03 and 223-04, Authorizing an Amendment to the Standard Agreements for the 2020 Community Development Block Grant Program Coronavirus Response Act Funding, Moving $50,000 from the Arcata House Partnership Homeless Services Program to the COVID Safe Outdoor Event Program.
Deputy Director of Community Development Dart said this was a request from Arcata House Partnership and Playhouse Arts to shift Community Development Block Grant funding from Arcata House Partnership to the Playhouse Arts' Arcata Safe Outdoor Events Program.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A FOUR-TOZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL ADOPTED RESOLUTION NOS. 223-03 AND 223-04 AUTHORIZING AN AMENDMENT TO THE STANDARD AGREEMENTS FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS RESPONSE ACT FUNDING, MOVING $50,000 FROM THE
ARCATA HOUSE PARTNERSHIP HOMELESS SERVICES PROGRAM TO THE COVID SAFE OUTDOOR EVENT PROGRAM. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE. ABSENT: WATSON. ABSTENTIONS:
NONE.
B. Public Hearing on Accomplishments Regarding Arcata’s Community Development Block Grant (CDBG) Grant Numbers 20-CDBG-PI-12006, 20-CDBG-CV1-0089, and 20-CDBG-CV1-00012 for Final Closeout.
Deputy Director of Community Development Dart said this public hearing was to inform the Council and the public of the closeout of three Community Development Block Grant-funded projects that were completed. She listed the projects and their funding: 1) Sorrel Place, $585,000 for acquisition of property; 2) Mobile Intervention Services Team (MIST), $80,839 for funding to assist the Arcata Police Department with the un-housed and mentally ill population; 3) Arcata House Partnership Boyd Road Sewer Connection Project, $193,150.
Mayor Atkins-Salazar invited public comment.
Joanne McGarry said she hoped that when the electric bus arrived, people would be encouraged to use it.
Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY MATTHEWS, SECONDED BY STILLMAN, AND WITH A FOUR-TOZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL DIRECTED STAFF TO
SUBMIT THE FINAL REPORTS AND CLOSEOUT PACKAGE TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. AYES: ATKINS- July 20, 2022
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SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE. ABSENT:
WATSON. ABSTENTIONS: NONE.
C. Consider the Introduction of Ordinance No. 1556 adding Chapter 7—Military Equipment Use Policy to Title III—Public Safety, of the Arcata Municipal Code.
Chief of Police Ahearn requested the Council introduce Ordinance No. 1556 formalizing the Arcata Police Department's (APD) Military Equipment Use Policy (No. 710). He said there was a new state law that required all law enforcement agencies to take this action. He listed Arcata's equipment that fit the categories outlined by state law, although the equipment was not received from the military:
AR-15 rifles, beanbag shotguns, pepper ball launchers, and the mobile command vehicle. He noted that in the past, the City had returned to the state 14 rifles, never used, that it had received from military surplus. Thus, the City currently had no equipment it received from the military.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A FOUR-TOZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL INTRODUCED ORDINANCE NO. 1556, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA ADDING CHAPTER 7—MILITARY EQUIPMENT USE POLICY TO TITLE III—PUBLIC SAFETY, OF THE ARCATA MUNICIPAL CODE; WAIVED READING OF THE TEXT AND ELECTED TO INTRODUCE BY TITLE ONLY. AYES: ATKINSSALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE. ABSENT:
WATSON. ABSTENTIONS: NONE.
D. Award Purchase Contracts to the Lowest Bidders for Supplying Various Equipment and Materials Needed for the New UV Disinfection System for the Arcata Wastewater Treatment Facility Improvement Project and Authorize the City Manager to Execute All Applicable Documents.
Contracts and Special Projects Manager Allred said this project involved the installation of a new UV disinfection system at the wastewater treatment plant. She said there had been significant delays in the supply chain, so the City opted to pre-procure equipment and materials in order to meet construction deadlines. Manager Allred recommended the Council award a purchase contract for the UV Disinfection Process Area Fabricated Slide Gate and Actuators to Golden Harvest, Inc., in the amount of $101,577.50.
She said the that although the staff report had recommended the Council award a purchase contract for the piping and valves for the project, there were no bids received before that meeting. She said that item would come back to the Council at a future meeting.
STILLMAN MOVED AND MATTHEWS SECONDED TO AWARD A PURCHASE CONTRACT TO GOLDEN HARVEST, INC., IN THE AMOUNT OF $101,577.50 FOR THE UV DISINFECTION PROCESS AREA FABRICATED SLIDE GATES AND ACTUATORS.
Mayor Atkins-Salazar invited public comment.
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Joanne McGarry recommended the City find a retreat location for the wastewater treatment plant due to impending sea level rise.
Chris Richards brought up the large difference in the bids received and wanted to make sure the City was taking into account quality or style.
Unvaxxed Donnie said he didn't think there should be so much concern about sea level rise because it had only risen six inches since the 19th century.
Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE.
ABSENT: WATSON. ABSTENTIONS: NONE.
E. Consider Assignments for Currently Vacant Regional Boards, Commission, Committees, and Liaison Positions.
After some discussion, the Mayor listed the amended appointments as follows: Humboldt Transit Authority—Stillman as primary representative; Redwood Region Economic Development Commission—Stillman as primary representative; Humboldt-Del Norte Hazardous Materials Response Joint Powers Authority—Stillman as primary representative; Arcata Downtown Business Comunity—Arcata Main Street—Stillman as alternate liaison; Arcata House Partnership—Matthews as alternate liaison; COVID-19 Economic Recovery Collaborative—Stillman in addition to Schaefer; addition of Friends of the Arcata Marsh—Stillman as liaison.
STILLMAN MOVED AND MATTHEWS SECONDED TO MAKE THE APPOINTMENTS AS OUTLINED BY MAYOR ATKINS-SALAZAR.
Mayor Atkins-Salazar invited public comment. None was received. Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE.
ABSENT: WATSON. ABSTENTIONS: NONE.
F. Statement by the City of Arcata of Unity against Anti-Semitic Messages and all Forms of Hate Speech.
Mayor Atkins-Salazar said it was important for leaders to continue to speak out against hate in the community.
Councilmember Matthews read a statement titled "Statement of Unity Against Anti-Semitic Messages and all Forms of Hate Speech." She said that even though the statement was the result of recent anti-Semitic activity, it also pertained to the BIPOC and LGBTQ communities as well.
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MATTHEWS MOVED AND STILLMAN SECONDED TO SUPPORT THE "STATEMENT
OF UNITY AGAINST ANTI-SEMITIC MESSAGES AND ALL FORMS OF HATE SPEECH."
Mayor Atkins-Salazar invited public comment.
Dana Quillman said that hate speech was a form of free speech protected by the Constitution. She spoke about the health freedom movement and media coverage of a protest in front of St. Joseph Hospital against mandated vaccinations. She asked the Council to include the unvaccinated in its statement as they had been discriminated against.
Unvaxxed Donnie said that hate speech attacks had been happening constantly against the unvaccinated, and he felt discriminated against by not being allowed into businesses without a mask.
Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN. NOES: NONE.
ABSENT: WATSON. ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
Fred Weis said the Gateway Area Plan called for a reduction in parking and did not include parks which should be established in addition to the trails and open spaces. He asked that the public engagement report be available before the joint study session with the Planning Commission.
Joanne McGarry advocated for more public awareness and civic engagement regarding the climate crisis. She asked the Council to establish a climate action committee.
Chris Richards welcomed Alex Stillman to the Council.
Patricia Cambianica spoke in support of enhancing the trail along L Street in the Gateway Area and about the need for adequate park in-lieu fees to develop parks in that area.
Mayor Atkins-Salazar closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
Councilmember Matthews said she was saddened that Life Care Humboldt would not be able to build senior housing on the Creekside parcel.
Councilmember Stillman asked that a discussion on the topic of an interim dog park on the south side of Seventh Street between the Uniontown Shopping Center's driveway and the freeway be put on a future agenda. Councilmember Schaefer and Mayor Atkins-Salazar agreed to have this discussion on a future agenda.
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Councilmember Matthews announced the Arcata Chamber of Commerce was hiring a new Executive Director.
Councilmember Stillman announced Arcata Main Street's skateboard event on September 11 from noon to 4 on the Plaza, and said the Summer Music Series on the Plaza had begun, along with the Arts Market.
Mayor Atkins-Salazar reported that the Homekey project at the Days Inn was moving forward, and reported on the status of the Safe Parking Program and the Community Ambassador program.
DATES OF FUTURE MEETINGS
A. Schedule a Study Session with the Planning Commission for Tuesday, August 23, 2022, at 6:00 p.m., in the Council Chamber.
BY GENERAL CONSENSUS, THE COUNCIL SCHEDULED A STUDY SESSION WITH THE PLANNING COMMISSION ON TUESDAY, AUGUST 23, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBER.
ADJOURNMENT
The meeting was adjourned at 7:42 p.m.
Respectfully submitted,
Bridget Dory
City Clerk