CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER DECEMBER 07, 2022
736 F Street, Arcata Wednesday, 6:00 PM
AGENDA
1 Special accommodations for the disabled who attend City meetings can be made in advance by contacting the City Clerk at 822-5953. Assistive listening devices are available.
Pursuant to Government Code section 54957.5, all writings or documents relating to any item on this agenda which have been provided to a majority of the City Council, including those received less than 72 hours prior to the City Council meeting, will be made available for public inspection in the agenda binder located on the counter in the lobby at Arcata City Hall, 736 F Street, during normal business hours, and on the City's website at www.cityofarcata.org.
PLEASE NOTE: Speakers wishing to distribute materials to the City Council at the meeting are requested to provide 10 copies to the City Clerk.
Public Advisory: The Council Chamber in City Hall
is now open to the public.
COVID-19 Notice
The City Council has returned to in-person hybrid meetings. The City Council asks that when attending City meetings, persons socially distance as best they can and be courteous to those who continue to choose to wear a mask.
How to Observe and Participate in the Meeting:
Observe:
Members of the public can attend the meeting in person or observe the meeting on Zoom (see below), on Access Humboldt Channel 10, online by visiting www.cityofarcata.org and clicking on the See Live Meetings, Agendas, and Archives button on the home page, or on the City’s YouTube channel at https://www.youtube.com/c/CityofArcataCA Public Comment Participation in Person and on Zoom:
Members of the public may attend the meeting in person and give public comment. Or, they may access the meeting via Zoom to provide public comment.
1. Join from a PC, Mac, iPad, iPhone or Android device: Please use this URL:
https://us06web.zoom.us/j/86968460005
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2. If you want to comment during the public comment portion of any item, click on raise your hand on the right-hand side of your screen. When it is time for public comment on the item on which you wish to speak, the Clerk will unmute you. You will have 3 minutes to comment (2 minutes for Early Oral Communications), subject to the Mayor’s discretion.
Or join by phone:
1. *67 1-669-900-6833
2. Enter Meeting ID: 869 6846 0005
3. If you are accessing the meeting via telephone and want to comment during the public comment portion of any item, press star (*) 9 on your phone. This will raise your hand. When it is time for public comment on the item on which you wish to speak, the Clerk will unmute your phone. You will hear a prompt that will indicate your phone is unmuted. You will have 3 minutes to comment (2 minutes for Early Oral Communications), subject to the Mayor’s discretion.
I. LAND ACKNOWLEDGMENT
II. FLAG SALUTE
III. ROLL CALL
IV. CEREMONIAL MATTERS
A. Proclamation in Recognition of Human Rights Awareness Month, December 2022.
V. REPORT BY COMMISSION/COMMITTEE
VI. EARLY ORAL COMMUNICATIONS
The City Council values your comments. This 15-minute time period allows people to address the Council on matters not on the agenda. 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. At the end of all oral communications the Council may respond to statements. Supported requests that require Council action will be set for a future agenda or referred to staff. Speakers may be limited to two minutes. There will also be time for the public to comment specifically on each agenda item and again at the end of the meeting under item number XII (12).
VII. N/A
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VIII. CONSENT CALENDAR
All matters on the Consent Calendar are considered to be routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items.
If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, Council members or members of the public can request that an item be removed for separate discussion.
A. Approve the Minutes of the City Council Meeting of November 16, 2022.
B. Bi-Weekly Report on Disbursements.
C. Declare a Continuation of the Local Emergency Related to the Coronavirus Pandemic.
D. Adopt Ordinance No. 1560, An Ordinance of the City Council of the City of Arcata Amending Solid Waste Management Provisions of the Arcata Municipal Code to Incorporate Mandatory Organic Waste Disposal Reduction Requirements, Waive Reading of the Text and Consent to Read by Title Only.
E. Adopt Ordinance No. 1561, An Ordinance of the City Council of the City of Arcata Amending the Arcata Municipal Code Pertaining to the California Building Code and Companion Codes, Title VIII—Building Regulations, Chapter 1—Building Codes, Articles 1–9, 11, 13, and 14; Waive Reading of the Text and Consent to Read by Title Only.
F. Adopt Resolution No. 223-27, A Resolution of the City Council of the City of Arcata Amending the Class and Pay Resolution—Compensation & Benefits for Hourly Rated Part-Time, Temporary, and Seasonal Personnel (to Reflect 1/1/23 Change in State Minimum Wage & New Position of Professional Expert)
G. Approve the Design and Award a Construction Contract for the 2022 Annual Sidewalk Improvement Project REBID to R.A.O. Construction Co., Inc,. in the Amount of $116,618 (Base Bid + Additive Alternative No. 1); Authorize the City Engineer to Approve Change Orders and Increase the Contract Amount by up to $23,323.60 (20 Percent, for a Total of $139,941.60) to Allow for Any Unforeseen Contingencies and Additional Work as Necessary; and Authorize the City Manager to Execute All Applicable Documents.
H. Approve an Annual Agreement between the Wiyot Tribe and the City of Arcata for Cultural Resource Monitoring Services; and Authorize the City Manager to Execute All Applicable Documents.
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I. Adopt Resolution No. 223-26 Authorizing the Destruction of Certain City Records Maintained by the City Relating to the Departments of City Manager (Contracts and Special Projects, Personnel, City Clerk), Environmental Services, and Finance as Permitted under Section 34090 of the California Government Code and the Secretary of State's Local Government Records Program.
IX. ITEMS REMOVED FROM CONSENT CALENDAR
Items removed from the Consent Calendar will be heard under this section.
X. OLD BUSINESS
XI. NEW BUSINESS
A. Consider Approval of a Mills Act Historic Preservation Contract for the Jacoby's Storehouse Property.
The “Jacoby’s Storehouse” on the Arcata Plaza is listed on the National Register of Historic Places and is a locally designated Historic Landmark. Among the City programs to incentivize historic preservation, the Land Use Code Section 9.53.070.C.2.d provides for the Mills Act Property Tax Abatement Program, and the General Plan Historic Preservation Element encourages its use. The property owners are requesting a Mills Act contract to offset the costs of maintaining the property. The adoption of City Council Resolution No. 223-24 would authorize the City Manager to enter into a Mills Act Agreement with the property owners of the Jacoby’s Storehouse. The City of Arcata’s Mills Act Program was adopted by the City Council in 2017. This application is the third request for the City to enter a Mills Act contract with an owner of an historical property to be brought before the City Council. This action would authorize the property owner to receive a tax abatement for up to the total amount invested to restore the building, which is estimated at $237,000 over a ten-year period.
RECOMMENDATION:
Staff recommends the City Council receive a staff report and public comment, adopt California Environmental Quality Act (CEQA) exemptions for existing facilities and historical resource preservation (CEQA Guidelines §15301 and §15331, respectively) prior to taking action on this project, then adopt Resolution No. 223-24, authorizing a Mills Act Agreement with CBGT LLC, the property owners of the Jacoby’s Storehouse.
B. Consider a Partial or Full Refund to the Appellant of the Westwood Garden Apartments Development Appeal Fee.
An appeal has been filed requesting that the Council reconsider a Planning Commission approval of the Westwood Garden Apartments Development. The appeal has been brought by a tenant of the existing multi-family complex. The appellant meets the qualification to file the appeal. The current fee as established by the City Fee December 7, 2022 City Council Agenda
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Resolution, is $1,867.38 and the appellant paid the fee in full at the time the appeal was submitted. The appellant has requested that the Council consider refunding the appeal fee.
RECOMMENDATION:
It is recommended that the Council consider the request to refund some or all of the appeal fee paid by the appellant for the Westwood Garden Apartments Development appeal process.
C. Consider an Appeal of the Planning Commission’s Approval of the Westwood Garden Apartments Multifamily Project Located at 2351 Westwood Court.
The Planning Commission approved the Westwood Garden Apartment Project (Project) on September 25, 2022, after the project proponent modified the project based on input from the Commission at prior hearings. The approval was based on Findings that were ultimately approved after lengthy deliberations. The approval was appealed within the period set by the Land Use Code (Code). The appellant raised several issues concerning the Commission’s approval. This item will provide the appellant an opportunity to outline the appeal for the Council’s consideration. The Code requires the Council to hear the appeal and decide to either affirm or modify the approval or to deny the permit.
RECOMMENDATION:
Staff recommends the City Council open the public hearing, receive a staff report, receive a presentation by the appellant, consider the project proponent’s response, and either affirm, affirm in part, or reverse the Planning Commission’s October 25, 2022, Action.
XII. ORAL AND WRITTEN COMMUNICATIONS
XIII. COUNCIL AND STAFF REPORTS
All reports shall be specifically limited to City business and shall not request or lead to action by the Council at this meeting.
A. Receive a Report from Arcata Police Sergeant Luke Scown on the Community Ambassador Program.
The City Council has requested periodic updates on the Community Ambassador program. This ensures that the Council is kept aware of the progress, staffing, and effectiveness of the program.
RECOMMENDATION:
It is recommended that the Council receive a report from staff regarding the City of Arcata Community Ambassador Program.
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XIV. DATES OF FUTURE MEETINGS
XV. CLOSED SESSION
XVI. CLOSED SESSION REPORTS
XVII. ADJOURNMENT
Other than items continued or tabled to a date certain, the Council may, by majority vote, continue all matters not completed by 10:30 p.m. to the following Thursday at 6:00 p.m. in the Council Chamber. Should the Council vote to continue the meeting past 10:30 p.m., discussion on an item on the agenda that either requires or allows for public input may not begin without a unanimous vote of the City Council members present. (Closed Session items may begin later.) (Reference: Resolution No. 223-07)