CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER OCTOBER 05, 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 via teleconference utilizing Zoom Video Communications and in person, with Mayor Atkins-Salazar presiding. Notice of this meeting was posted September 30, 2022.
PRESENT: Atkins-Salazar, Schaefer. Matthews, Stillman, Watson. ABSENT: None. STAFF PRESENT: City Manager Diemer, City Attorney Diamond, Assistant City Manager/Personnel Director Demello, City Engineer Khatri, Assistant City Engineer Caisse, Director of Environmental Services Sinkhorn, Police Chief Ahearn, Finance Director Starzhevskiy, Media Production Specialist Carillo, City Clerk Dory.
LAND ACKNOWLEDGMENT
Mayor Atkins-Salazar read at statement acknowledging that Arcata (Goudi'ni) sat on ancestral Wiyot land.
FLAG SALUTE
Mayor Atkins-Salazar led the Pledge of Allegiance.
CEREMONIAL MATTERS
A. Proclamation in Recognition of Fire Prevention Week, October 9-15, 2022.
Councilmember Matthews read the proclamation and presented it to AFD Fire Marshal Ed Laidlaw who thanked the Council for the recognition.
B. Proclamation Recognizing October 2022 as Community Planning Month.
Councilmember Schaefer read the proclamation and presented it to Krystle Heaney, AICP, Northern California Chapter of American Planning Association, who thanked the Council for the proclamation.
C. Proclamation Recognizing October 2022 as Domestic Violence Awareness Month.
Councilmember Stillman read the proclamation.
REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Transportation Safety Committee.
Dave Ryan, Chairperson of the Transportation Safety Committee, gave highlights from the Committee's Annual Report and responded to questions from the Council.
Mayor Atkins-Salazar invited public comment.
Gregory Daggett asked that G And H Streets be added to a list of dangerous streets. He said he felt speed limits were not being enforced.
Joanne McGarry expressed her concern about committee meetings being on Zoom. She said school drop-offs were a huge concern of hers in regard to safety and climate change.
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Glen Colwell spoke regarding the footpath from Alliance Road to Western Avenue and the safety issues and increased crime it meant for the neighborhood. He advocated for installing a new fence along the path with gates at the top and bottom that would be locked at night, or fencing off the trail and abandoning it. Mr. Colwell distributed a copy of his comments and pictures of the trail and fence types.
An unidentified member of the audience also addressed the problems the footpath presented. She said the neighborhood had become unlivable and the residents could no longer tolerate it. She characterized the path as a "criminal highway." She asked that the path be fenced off and abandoned.
James Becker informed the Council that he put up an online petition for making the L Street corridor a linear park.
Anthony Deluca said he supported a linear park on L Street.
Mayor Atkins-Salazar closed the public comment period.
Mayor Atkins-Salazar reminded the public that if it witnessed traffic accidents or unsafe behavior, it should contact the Arcata Police Department so that accurate statistics could be kept.
EARLY ORAL COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
Gregory Daggett asked the Council how it could move forward with the wastewater treatment plant improvements without having reviewed the Coastal Commission's report on the Coastal Development Permit for the project. He also noted that the City did not have jurisdiction to institute the Gateway Area Plan in the coastal zone areas as that was the Coastal Commission's jurisdiction.
Joanne McGarry reminded the City Council of the climate emergency and said Arcata needed to start acting as if that were an emergency. She asked that every Council agenda include a climate action report stating what actions the City was taking to address the climate emergency. Finally, she asked that a written form of the Land Acknowledgment be placed in the lobby.
Anthony Deluca spoke about supporting local businesses. He announced he had created a website where people could add content regarding businesses, and that could be accessed at rhapsodicglobal.org
An unidentified speaker spoke highly of Councilmember Watson and said people should stop trusting what the newspapers were saying.
Aaron spoke about unsafe conditions on M Street. He asked that the Council be more concerned about directing staff to make progress on citizen concerns.
Mayor Atkins-Salazar closed Early Oral Communications.
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CONSENT CALENDAR
STILLMAN MOVED AND MATTHEWS SECONDED TO ADOPT THE CONSENT CALENDAR FOR OCTOBER 5, 2022, AS PRESENTED.
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: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN, WATSON. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
A. Approve the minutes of the City Council Meeting of September 7, 2022.
B. Approve the minutes of the City Council Meeting of September 21, 2022.
C. Bi-Weekly Report on Disbursements.
D. Declare a Continuation of the Local Emergency Related to the Coronavirus Pandemic.
E. Award a Construction Contract for the 2022 10th Street Sewer Improvement Project to Mobley Construction, dba MCI in the Amount of $170,125.00; Authorize the City Engineer to Increase the Contract Amount by up to $25,518.75 (15 Percent, for a Total of $195,643.75) to Allow for Any Unforeseen Contingencies and Additional Work as Necessary; and Authorize the City Manager to Execute All Applicable Documents.
NEW BUSINESS
A. Conduct a Public Hearing to Receive Input regarding Unmet Transit Needs and Direct Staff to Forward All Comments to the Humboldt County Association of Governments.
City Engineer Khatri announced that this was the annual public hearing to allow residents to bring forward unmet transit needs. He said input received would be forwarded to the Humboldt County Association of Governments which was gathering input countywide, and the final date for input was December 31, 2022.
Councilmember Schaefer said she was contacted with a request for improved bus routes to Bayside for both city and county buses.
Mayor Atkins-Salazar noted there was limited bus service in the evenings including in Valley West.
Mayor Atkins-Salazar opened the public hearing. No comment was received. Mayor Atkins-Salazar closed the public hearing.
RECESS: The Council recessed from 7:11 to 7:16 p.m.
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B. Waive Immaterial and Minor Bid Discrepancies and Award a Construction Contract for the Phase 1 of the Arcata Wastewater Treatment Facilities Improvement Project to Wahlund Construction, Inc., in the Amount of $51,495,000.57, Authorize the City Engineer to Increase the Contract Amount by up to $3,089,700.03 (6 Percent, for a Total of $54,584,700.60) to Allow for Any Unforeseen Contingencies and Additional Work as Necessary; and Authorize the City Manager to Execute All Applicable Documents.
City Engineer Khatri introduced this item as a bid award for the Phase I of the Wastewater Treatment Facility Improvement Project. He said the primary goal was to rehabilitate the infrastructure and meet discharge permit requirements. He said the City received two bids:
Wahlund Construction and North Coast Constructors. Both bids were evaluated for consistency and completeness to insure they met the bid requirements. After the bid opening, the City received a bid protest from North Coast Constructors challenging the responsiveness of the Wahlund Construction bid, followed by a response from Wahlund Construction. The City's project team and consultants and reviewed the bid and believe Wahlund Construction's bid was responsive and responsible. He explained that there were a few minor discrepancies in the bid which were found to be immaterial.
City Engineer Khatri stated the three elements of the bid protest were: 1) Wahlund Construction did not meet the project requirement to list a completed project that was at least 80% of the value of this project. He said the project history provided by Wahlund demonstrated they had the experience to do the work. Past work was valued at 77.5% of the value of this project. 2) Wahlund Construction did not meet project requirement to list projects showing proper qualification for electrical work on the project. He said that Wahlund construction was self-performing the electrical work under its C10 electrical license so they met the requirement for that as well. 3) Wahlund Construction did not meet project requirement as it listed a demobilization amount that was less than permitted by the bid documents. Engineer Khatri explained that the intent of this requirement was to prevent frontloading of the contract and it could be corrected during the contract execution via different means, so this discrepancy was found to be minor as well.
City Engineer Khatri listed the environmental review that had been completed for state and federal requirements. He also said the City had received the Coastal Development Permit for the project with some conditions which staff and the contractor feel could be met. He said that funding for the project was through a grant mainly from a grant through the State Revolving Fund and some portions funded by the City's sewer fund. He noted that the State Water Board will not be paying for tidal and earthquake insurance. That item cost was approximately $500,000 and it would be funded by the City’s sewer fund. The timeline for the project was that it be started as early as late October 2022 with completion expected 36 months later.
In regard to a late-breaking bid protest received from Mercer-Fraser, City Attorney Diamond explained that the bid documents stated: " . . . only a bidder that has submitted a proposal is allowed to submit a bid protest . . . ." She advised the Council that it did not need to consider Mercer-Fraser's bid protest.
Mayor Atkins-Salazar invited public comment.
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Treven Tilbury, representing Wahlund Construction, explained that "responsible bid" referred to whether or not the contractor could do the work. He explained that if the City wanted to reject a bid based on responsibility, it would have to give the contractor a due process hearing. Mr. Tilbury said there had been a 36 percent inflation in the construction industry. The value of Wahlund's College of the Redwoods project quoted in the bid was 77.5 percent of the value of this project, and if it included the inflation factor of 36 percent, it would be well in excess of the 80 percent qualification threshold required by the bid specifications.
Gregory Daggett expressed that the Coastal Commission had problems with the project because it included $5.5 million in levee enhancement in Phase 2. He said the money the City had spent on the Gateway Area Plan may be a waste because the future parameters and location of the wastewater treatment plant was undetermined.
Joanne McGarry expressed her concern that this project was just a band-aid. She said projects in the coastal area needed different consideration than projects on higher ground and asked that the City actively consider the future and what needed to be done.
Cliff Poulton, McCullough Construction and North Coast Constructors, said awarding a bid based on different criteria than listed in the specifications was illegal. He said Wahlund's bid did not qualify because it did not show a completed project that was at least 80 percent of the value of this project.
Further, the project Wahlund Construction listed to meet this requirement was not yet completed.
Chelsey Rios, McCullough Construction and North Coast Constructors, expressed the opinion that stating Wahlund Construction would indemnify the City in the even of a lawsuit amounted to collusion. She reiterated that Wahlund Construction did not meet the 80 percent threshold as specified in the bid documents. Also, Wahlund Construction did not meet the electrical contractor qualifications as spelled out in the bid documents. She said the only legal options for the Council were to award the job to North Coast Constructors or reject all bids.
Mayor Atkins-Salazar closed the public comment period.
City Attorney Diamond clarified that Wahlund Construction's indemnity was in its capacity as real party-in-interest which obligated it to defend the lawsuit if there was one. She said that if the Council rejected Wahlund's bid, it would trigger due process requirements. She stated that staff did not have concerns about Wahlund Construction's qualifications. She said staff's recommendation was for the Council to affirmatively acknowledge and waive the minor irregularities of the bid to the bid specifications; this was conferred totally to the discretion of the City Council to say irregularities were immaterial.
Ken Wahlund, owner of Wahlund Construction, said his company had been doing wastewater projects for 32 years. He said that in their mind, the value of their past projects could be converted to current value, and this would mean they met the 80 percent threshold. He noted that Wahlund has a $120 million bonding capacity. He said Wahlund Construction had the staff and capability to do the project, and they would appreciate being awarded the job.
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Councilmember Watson said he would not be voting in favor of awarding the contract due to the cost for the project seemingly doubling, there not being enough preparation for sea level rise, and the possibility that the plant could need to be moved in the future.
ON MOTION BY SCHAEFER, SECONDED BY STILLMAN, AND WITH A FOUR-TOONE VOICE VOTE, THE COUNCIL WAIVED IMMATERIAL AND MINOR BID
DISCREPANCIES AND AWARDED A CONSTRUCTION CONTRACT FOR THE PHASE 1 OF THE ARCATA WASTEWATER TREATMENT FACILITIES IMPROVEMENT PROJECT TO WAHLUND CONSTRUCTION, INC., IN THE AMOUNT OF $51,495,000.57;
AUTHORIZED THE CITY ENGINEER TO INCREASE THE CONTRACT AMOUNT BY UP TO $3,089,700.03 (6 PERCENT, FOR A TOTAL OF $54,584,700.60) TO ALLOW FOR ANY UNFORESEEN CONTINGENCIES AND ADDITIONAL WORK AS NECESSARY;
AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: ATKINS-SALAZAR, SCHAEFER, MATTHEWS, STILLMAN.
NOES: WATSON. ABSENT: NONE. ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Atkins-Salazar invited public comment.
Joanne McGarry spoke of the Overview Effect which should remind the Council to focus on local issues, but keep the big picture in mind. She presented each Councilmember with an Earth flag.
Gregory Daggett asked why the Council thought it could put eight-story buildings in the Coastal Commission's jurisdiction. Also, the City needed to talk about a new location for the wastewater treatment plant.
Anthony said he was surprised how the public had different opinions than how the Council usually voted. He expressed concern about how decisions were being made and the reluctance to involve the public.
Mayor Atkins-Salazar closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
City Manager Diemer reported on a social media threat at Arcata High School and said the Police Department and the High School had coordinated and handled the situation very well.
Councilmember Watson asked why the Council had not received the HdL sales tax reports, to which City Manager Diemer responded that they would be distributed to the Council shortly.
Councilmember Watson complained that some of his emails were missing, to which City Manager Diemer responded that staff would research that.
On inquiry by Councilmember Watson, City Manager Diemer said the public polling regarding the Gateway Area Plan was currently on hold waiting for direction from the Planning Commission.
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Councilmember Watson suggested the City pay Planning Commissioners for their service, as well as committee members for their time at meetings.
Mayor Atkins-Salazar responded that this suggestion could be taken up during goal setting.
Councilmember Schaefer declared that Shay Park looked wonderful with the new workout equipment.
Councilmember Matthews announced that Yom Kippur ended at 7:32 p.m. that evening and noted that anti-semitic flyers were still being distributed in Arcata.
Councilmember Watson asked if he had Council support to require training for the Council, staff, and City Attorney regarding how to work with people with mental health issues and disabilities.
Councilmember Stillman reported on her attendance at a meeting of the Humboldt Transit Authority and said she had attended the short stay vacation rental listening session. She expressed concern about detectable warning mats at intersections coming loose from the sidewalks. She reported on her attendance at the Missing and Murdered Indigenous People's workshop put on by the Humboldt Area Foundation.
Councilmember Schaefer announced that the Redwood Coast Energy Authority would be hosting the Chamber of Commerce Mixer at Wrangletown Cider Company on Thursday, October 6, 2022.
Councilmember Stillman announced that the Arcata Chamber of Commerce had a new Executive Director.
Mayor Atkins-Salazar said Arcata Main Street was getting a new Executive Director. She reported she attended a fund raiser for Centro del Pueblo.
ADJOURNMENT
The meeting was adjourned at 8:34 p.m.
Respectfully submitted,
Bridget Dory
City Clerk