CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER SEPTEMBER 07, 2022
1 SPECIAL MEETING
A special meeting of the City Council of the City of Arcata was held on the above date at 5:30 p.m. as a hybrid meeting, via teleconference utilizing Zoom Video Communications and in person, with Vice Mayor Schaefer presiding. Notice of this meeting was posted on September 2, 2022. PRESENT: Schaefer, Matthews, Stillman, Watson. ABSENT: Atkins-Salazar. STAFF PRESENT: City Manager Diemer, City Attorney Diamond, Director of Community Development Loya.
PUBLIC COMMENT
There was no public comment received.
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Assessor's Parcel Nos. 507-251-039 and -040. Agency Negotiator: Karen Diemer. Negotiating Party:
Rob McBeth. Under Negotiation: Price and Terms.
The Council met in closed session in the Council Chamber.
CLOSED SESSION REPORTS
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Assessor's Parcel Nos. 507-251-039 and -040. Agency Negotiator: Karen Diemer. Negotiating Party:
Rob McBeth. Under Negotiation: Price and Terms.
ON MOTION BY STILLMAN, SECONDED BY WATSON, AND WITH A UNANIMOUS
VOICE VOTE WITH ONE ABSENCE, THE COUNCIL VOTED TO COMPLY WITH
THE SURPLUS LAND ACT AND PROVIDE AFFORDABLE HOUSING NOTICING
FOR THE PARCELS, OBTAIN A REVISED APPRAISAL FOR THE PARCELS, GO
THROUGH THE REQUEST FOR PROPOSALS AND LISTING OF THE PARCELS
PROCESS IF AFFORDABLE HOUSING WAS NOT VIABLE, AND THEN PROCEED WITH THE DISPOSITION OF THE PARCELS. AYES: SCHAEFER, MATTHEWS, STILLMAN, WATSON. NOES: NONE. ABSENT: ATKINS-SALAZAR.
ABSTENTIONS: NONE.
ADJOURNMENT
The meeting was adjourned at 5:51 p.m.
REGULAR MEETING
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, via teleconference utilizing Zoom Video Communications and in person, with Vice Mayor Schaefer presiding.
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LAND ACKNOWLEDGMENT
Vice Mayor Schaefer read the Land Acknowledgment acknowledging that Arcata (Goudi'ni) sat on ancestral Wiyot land.
FLAG SALUTE
Vice Mayor Schaefer led the Pledge of Allegiance.
CEREMONIAL MATTERS
A. Proclamation Recognizing September 21, 2022, as International Day of Peace.
Councilmember Matthews read the proclamation and presented it to Martha Hart, from the Women's International League for Peace and Freedom, who thanked the Council and announced a Candlelight Peace Vigil on September 21, 2022, being held via Zoom Video Communications.
B. Proclamation in Recognition of Coastal Cleanup Month, September 2022.
Councilmember Stillman read the proclamation and presented it to Ivy Munnerlyn, Northcoast Environmental Center, who thanked the Council for the proclamation and referred the public to the NEC's website for coastal clean-up events.
REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Public Safety Committee.
Fred Johansen, Chairperson of the Public Safety Committee, presented an oral version of the Committee's annual report.
Vice Mayor Schaefer invited public comment.
Gregory Daggett spoke to the problem of speeding in Arcata and said he didn't feel the vehicle laws were well enforced.
Vice Mayor Schaefer closed the public comment period.
EARLY ORAL COMMUNICATIONS
Vice Mayor Schaefer invited public comment.
Jacqueline Dandeneau, Executive Director of Playhouse Arts, proposed that funding be allocated for arts in Arcata in the Gateway Area Plan, and that gentrification in the arts/Creamery district be controlled.
Joanne McGarry said the community needed THC—transparency, trustworthiness and truth; humility, humaneness and honesty; caring compassion and commitedness; and CBD— compassion, bravery, and decisiveness.
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Gregory Daggett spoke about environmental justice in urban planning and said it seemed the Gateway Area Plan wasn't addressing that. He also recommended the Barrel District be set aside as a new location for the wastewater treatment plant.
Fred Weis announced a new portal on Arcata1.com for the City Council. He also spoke to surveys done in regard to the Gateway Area Plan.
Lisa Pelletier distributed some literature regarding the Gateway Area Plan and the Fire Department's ability to respond to fires, especially in tall buildings. She asked that a Gateway Area advisory committee be formed. She submitted written comment.
James asked the Council to honor the intent of rails with trails in the L Street corridor.
Durriya Syed, Outreach Analyst for the Department of Insurance, updated the Council on the work it had been doing on the public's behalf in regard to wildfire prevention.
Andy voiced his support for Councilmember Watson working through his mental health issues while continuing his duties for the City.
Vice Mayor Schaefer closed the public comment period.
CONSENT CALENDAR
Councilmember Watson removed items D and F from the Consent Calendar for further discussion.
Vice Mayor Schaefer invited public comment. There was none. Vice Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE WITH ONE ABSENCE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR SEPTEMBER 7, 2022, WITH THE EXCEPTION OF THE FOLLOWING ITEMS: D. DECLARE A CONTINUATION OF THE LOCAL EMERGENCY RELATED TO THE CORONAVIRUS PANDEMIC AND F. AWARD A CONTRACT IN THE AMOUNT OF $714,975.16 TO GHD, INC., TO PROVIDE
PRELIMINARY ENGINEERING AND ENVIRONMENTAL SERVICES NECESSARY FOR THE SUNSET AVENUE AND L. K. WOOD BOULEVARD IMPROVEMENTS PROJECT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
APPLICABLE DOCUMENTS. AYES: SCHAEFER, MATTHEWS, STILLMAN, WATSON. NOES: NONE. ABSENT: ATKINS-SALAZAR. ABSTENTIONS: NONE.
A. Approve the City Council Minutes for the meeting of August 3, 2022.
B. Approve the City Council Minutes for the Meeting of August 17, 2022.
C. Bi-Weekly Report on Disbursements.
D. Item VIII-D was moved to Items Removed from Consent Calendar.
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E. Adopt Resolution No. 223-17, A Resolution of the City Council of the City of Arcata Amending the Class and Pay Resolution—International Union of Operating Engineers Local No. 3 [to Reflect New Transit Bus Driver Position and Adjustment to Maintenance Worker Salary Ranges].
F. Item VIII-F was moved to Items Removed from Consent Calendar.
G. Approve the Purchase of One 2023 Ford Police Interceptor and One 2023 Ford F150 Lightning Truck for Parks, and Award Contract to National Auto Fleet Group in the Amount of $111,854.64, Including Tax; Allocate an Additional $4,649.17 from 771 Central Garage Fund to Cover Purchase Costs; and Authorize the City Manager to Execute All Applicable Documents.
H. Approve an Increase to the Contract Price for the City's Purchase Agreement with Golden Harvest, Inc., for Fabricated Slide Gates and Actuators in the Amount of $10,339, to Account for Changes to the Slide Gates' Specifications, Per the Design Engineer's Recommendation.
ITEMS REMOVED FROM CONSENT CALENDAR
D. Declare a Continuation of the Local Emergency Related to the Coronavirus Pandemic.
Councilmember Watson noted that during the pandemic, meetings had been accessible to the public online. He commented on the Council's study session with the Planning Commission not having been broadcast or made available to the public for attendance online.
Vice Mayor Schaefer invited public comment. None was received. Vice Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY WATSON, AND WITH A UNANIMOUS
VOICE VOTE WITH ONE ABSENCE, THE COUNCIL DECLARED A
CONTINUATION OF THE LOCAL EMERGENCY RELATED TO THE
CORONAVIRUS PANDEMIC. AYES: SCHAEFER, MATTHEWS, STILLMAN, WATSON. NOES: NONE. ABSENT: ATKINS-SALAZAR. ABSTENTIONS: NONE.
F. Award a Contract in the Amount of $714,975.16 to GHD, Inc., to Provide Preliminary Engineering and Environmental Services Necessary for the Sunset Avenue and L. K. Wood Boulevard Improvements Project; and Authorize the City Manager to Execute all Applicable Documents.
On inquiry by Councilmember Watson, City Engineer Khatri explained that this contract was for project approval and environmental documents for the L. K. Wood Boulevard/Sunset Avenue and Sunset Avenue/G and H Streets intersections, and that drawings would be completed later in the project.
ON MOTION BY WATSON, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL AWARDED A CONTRACT IN THE September 7, 2022
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AMOUNT OF $714,975.16 TO GHD, INC., TO PROVIDE PRELIMINARY
ENGINEERING AND ENVIRONMENTAL DOCUMENTS NECESSARY FOR THE SUNSET AVENUE AND L. K. WOOD BOULEVARD IMPROVEMENTS PROJECT;
AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: SCHAEFER, MATTHEWS, STILLMAN, WATSON. NOES:
NONE. ABSENT: ATKINS-SALAZAR. ABSTENTIONS: NONE.
OLD BUSINESS
A. Review and Make a Determination on the Request from Arcane Artists Inc. to Continue to Extend the Ending Time Past 10:00 P.M. for The 2022 Arcane Summer Fundraiser Series.
City Manager Diemer reminded the Council that Arcane Artists had proposed a series of summer concerts to support local artists, all to take place on N Street. After the first event, the Council gave approval for the events to play amplified sound until midnight, and then after midnight hold a silent disco until 1:00 a.m. She said for the second concert the music ended at 11:30 and there were two noise complaints. At the third concert the music ended at midnight, and there were eight noise complaints. She said Councilmembers requested this item be brought back for consideration.
Joe Ostini gave a summary report of the past two events. He received two complaints directly from neighbors during the second event and the music was turned down at 10:45 p.m. He said there were 80 local artists supported by these events and they had created 24 part-time jobs and four full-time jobs for these events. He said they had noise monitoring at 8th Street and 10th Street. His suggestion for the music complaints would be to remove the silent disco portion in order to allow the events to end earlier. He said they partnered with the JAM for an after-party which gave people a free event to attend thereby encouraging no loitering or excess noise in the area of the concert. He also suggested turning down the music 20 percent from 11:30 to midnight and giving a last call at 11:30 p.m. to deter late-night gathering in the area. He said there was nothing this unique to this community and they were asking for the ability to continue the concerts.
Vice Mayor Schaefer invited public comment.
Catherine Wachel, a resident of the Greenview neighborhood, asked that amplified sound not be allowed beyond 10:00 p.m. for these events. She submitted a letter signed by residents of the neighborhood.
Joanne McGarry, a resident of the neighborhood where the concerts happened, she said her main concern was the after-party noise on the streets. She said she appreciated that the concert promoters were very responsive to the neighborhood.
Gregory Daggett recommended these type of events take place in business districts so as not to conflict with residential areas.
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An unidentified member of the audience reminded the Council that it was important to take care of the artists in the community, and said these concerts were a way to do that.
An unidentified member of the audience who lived near the concerts, said her family of five, including a one-year-old baby, had no trouble sleeping through the concerts.
A community member and member of Arcane Artists noted how important it was that the events supported the local artists and took care of them. She said it was worth reaching a compromise for the neighborhood and the artists.
Jonah, an employee of Arcane Artists, said they understood that compromises had to be made.
He said they wanted people to enjoy themselves without inconveniencing the neighborhood.
Patricia asked if the events would go past midnight to 1:30 a.m. She reported the music on August 5 was not that bad at her house, however the event on August 27 had a very prevalent bass. She said the after-party on August 27, with everyone dispersing, was very disruptive to the residents.
Vice Mayor Schaefer closed the public comment period.
STILLMAN MOVED THAT THE MUSIC BE DISCONTINUED AT 11:00 P.M.
WATSON MOVED TO AMEND THE MOTION THAT THE CITY SEND A LETTER
TO THE NEIGHBORS EXPLAINING ITS JUSTIFICATION FOR ALLOWING THE MUSIC TO CONTINUE PAST 10:00 P.M. AND NOT SUPPORTING AN EARLIER TIME.
MATTHEWS SECONDED THE ORIGINAL MOTION.
STILLMAN DID NOT ACCEPT THE AMENDMENT TO THE MOTION PUT FORTH BY WATSON.
MATTHEWS AMENDED THE MOTION TO HAVE FUTURE EVENTS REVIEWED BY THE MAYOR, VICE MAYOR AND CITY MANAGER. STILLMAN ACCEPTED THE AMENDMENT TO THE MOTION.
THE MOTION PASSED ON A THREE-TO-ONE VOICE VOTE. AYES: SCHAEFER, MATTHEWS, STILLMAN. NOES: WATSON. ABSENT: ATKINS-SALAZAR.
ABSTENTIONS: NONE.
RECESS: The Council recessed from 8:24 to 8:32 p.m.
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NEW BUSINESS
A. Introduce Ordinance No. 1558, Amending Conflict of Interest Code, Title II (Administration), Chapter 8 (Conflict of Interest), Article 2 (City Employees), Sections 2915(a).
City Attorney Diamond explained that every two years the City Council had to review its Conflict of Interest Code, and this year the change to the Code removed Information Technology Manager and inserted Deputy Director Information Technology.
STILLMAN MOVED AND MATTHEWS SECONDED TO INTRODUCE ORDINANCE NO. 1558 AMENDING CONFLICT OF INTEREST CODE, TITLE II—
ADMINISTRATION, CHAPTER 8—CONFLICT OF INTEREST, ARTICLE 2—CITY EMPLOYEES, SECTION 2915(a), WAIVE READING OF THE TEXT AND CONSENT TO READ BY TITLE ONLY.
Vice Mayor Schaefer invited public comment. None was received. Vice Mayor Schaefer closed the public comment period.
THE MOTION PASSED ON A THREE-TO-ONE VOICE VOTE. AYES: SCHAEFER, MATTHEWS, STILLMAN. NOES: WATSON. ABSENT: ATKINS-SALAZAR.
ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Vice Mayor Schaefer invited public comment.
Joanne McGarry said, regarding the discussions about expansion of development in areas close to the bay, it would be good to have Aldaron Laird give a presentation on sea level rise.
A resident of the Creamery District, and speaking to the Gateway Area Plan, asked the City to consider not building apartment buildings more than two stories high or having them within the surrounding blocks of pre-existing Arcata residences.
Fred Weis spoke in favor of L Street being designated a linear park within the Gateway Area Plan.
Jim Becker asked the Council to consider designating L Street as a linear park within the Gateway Area Plan.
Vice Mayor Schaefer closed the public comment period.
COUNCIL AND STAFF REPORTS
Councilmember Stillman said she was so happy that the mural on the building at 10th and H Streets was being completed on the side and front of the building. She read a statement stating she had received an opinion from the Fair Political Practices Commission stating the Political Reform Act prohibited her from participating in the decision-making on the Gateway Area Plan.
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However, she would still be allowed to use social media to discuss the Plan with members of the community.
Vice Mayor Schaefer reported on the success of the I Block Party. She also reported that Arcata Main Street was getting close to appointing a new Executive Director.
Councilmember Watson advocated for the Public Safety Committee's recommendations being on a future agenda for discussion. Vice Mayor Schaefer agreed.
ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Bridget Dory
City Clerk