CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER DECEMBER 21, 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/87191861388
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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: 871 9186 1388
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. Certificate of Appreciation for John Barstow for His 29½ Years of Service to the City of Arcata.
B. Certificate of Appreciation for Mike Clinton for His 40 Years of Service to the City of Arcata.
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).
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VII. N/A
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. Approve the Minutes of the City Council Meeting of December 7, 2022.
C. Bi-Weekly Report on Disbursements, 11/5/2022 through 11/28/2022.
D. Bi-Weekly Report on Disbursements, 11/29/2022 through 12/10/2022.
E. 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.
F. 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.
G. Declare a Continuation of the Local Emergency Related to the Coronavirus Pandemic.
H. Approve Contract Amendment in the Amount of $8,111.26 for Additional Work Performed by Kernen Construction for the 2022 Arcata Asphalt Grind-Out and Inlay Project.
I. 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.
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J. 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).
K. Adopt Resolution No. 223-25, a Resolution of the City Council of the City of Arcata Authorizing Approval to Apply for the California Energy Commission 1% Interest Loan and Find the Project Exempt from CEQA Pursuant to California Code of Regulations, Title 14, Section 15301.
L. 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.
M. Appoint the Mayor and Vice Mayor to the Business of the Year Subcommittee, with Ceremonial Authority, to Select a Recipient for the 2023 City of Arcata Business of the Year Award and to Present the Award at the Arcata Chamber Leadership Awards.
N. Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the Arcata Annie & Mary Trail Connectivity Project.
O. 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. Introduce Ordinance No. 1562 Amending the Arcata Municipal Code Title X, Chapter 3, Regulations for Use of the Arcata Marsh and Wildlife Sanctuary, to Update Overnight Time Restrictions.
The Arcata Marsh and Wildlife Sanctuary (AMWS) provides exceptional coastal access and bird watching opportunities for residents and visitors of Arcata. City staff and community members have noted that incompatible overnight uses in the AMWS have increased over the past couple of years which can have detrimental effects on habitat and species in the Marsh. Over the last year City staff have connected with community members and groups such as Friends of the Arcata Marsh, Redwood Region Audubon and Cal Poly Humboldt to discuss effective ways to discourage these incompatible uses, December 21, 2022 City Council Agenda
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particularly during evening times, and promote positive use of the AMWS. This suggested policy change is one of several actions to protect the City’s natural resources at the Marsh while also ensuring positive use of and access to the coast.
RECOMMENDATION:
It is recommended that the Council:
1) Introduce Ordinance No. 1562 amending the Arcata Municipal Code Title X, Chapter 3, Regulations for Use of the Arcata Marsh and Wildlife Sanctuary, to update overnight time restrictions; waive reading of the text and consent to read by title only; and
2) Adopt a CEQA exemption pursuant to California Code of Regulations, Title 14, Sections 15307 and 15308.
B. Authorize an Amendment to the Strategic Infill Redevelopment Program Contract with Planwest Partners and a Budget Adjustment Totaling $118,000 for Additional Form-Based Code Scope of Services.
At the August 23, 2022, City Council/Planning Commission Joint Study Session, the Council asked the Planning Commission to identify resources needed to complete its review and recommendation on the Gateway Area Plan. The Planning Commission met several times since the Study Session and is beginning to identify these resources. At its October 11, 2022, meeting, the Commission recommended seeking additional funding for the Form-Based Code to enhance public engagement and to improve the final work product. This action would authorize the use of $118,000 of General Fund Reserves to expand the scope of work for the Form-Based Code and increase the not-to-exceed amount of the total contract with Planwest Partners by the same amount.
RECOMMENDATION:
Staff recommends the Council:
1) Approve a $118,000 contract amendment for additional Form-Based Code scope of services.
2) Find that action to amend the existing contract is not a project pursuant to the California Environmental Quality Act (CEQA).
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 an Update from City Engineer Netra B. Khatri on the Old Arcata Road Improvements Project.
B. Receive an Update from Environmental Services Director Emily Sinkhorn on the Arcata Annie & Mary Trail Connectivity Project.
C. Other Council and Staff Reports.
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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)
DOCUMENTS RECEIVED AFTER PUBLICATION OF THE AGENDA
XI-A. Draft Ordinance No. 1562--Updated
XI-B. Submission by Fred Weis