CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER DECEMBER 21, 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 Schaefer presiding. Notice of this meeting was posted on December 16, 2022. PRESENT:
Schaefer, Matthews, Atkins-Salazar, Stillman, White. ABSENT: None. STAFF PRESENT: City Manager Diemer, Assistant City Manager/Personnel Director Demello, Chief of Police Ahearn, City Engineer Khatri, Director of Community Development Loya, Director of Environmental Services Sinkhorn, Assistant City Engineer Caisse, Media Production Specialist Carrillo, City Clerk Dory.
LAND ACKNOWLEDGMENT
Mayor Schaefer read a statement acknowledging that Arcata (Goudi'ni) sat on ancestral Wiyot land.
FLAG SALUTE
Mayor Schaefer led the Pledge of Allegiance.
CEREMONIAL MATTERS
A. Certificate of Appreciation for John Barstow for His 29-1/2 Years of Service to the City of Arcata.
Councilmember White read the Certificate of Appreciation for John Barstow.
B. Certificate of Appreciation for Mike Clinton for His 40 Years of Service to the City of Arcata.
Councilmember Matthews read the Certificate of Appreciation for Mike Clinton.
EARLY ORAL COMMUNICATIONS
Mayor Schaefer invited public comment.
Gregory Daggett spoke about how California State Polytechnic University, Humboldt had thrown taxpayers, the Arcata Fire District, and the health and safety of students under the bus in regard to its proposed student housing at the Craftsman's Mall site.
Fred Weis said it was impossible for the Arcata Fire District to provide fire protection for buildings above four stories.
Joanne McGarry spoke about transparency and making climate action a priority in 2023.
Uri Driscoll spoke about what he felt were major safety issues with the parking lot on Fickle Hill Road at Trial 9. He urged the Council to take serious action on this.
James Becker spoke in favor of a designation of the L Street corridor as a linear park.
Patricia Cambianica asked why Arcata did not have an emergency shelter and declared it needed to open one immediately.
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Mayor Schaefer closed Early Oral Communications.
CONSENT CALENDAR
Councilmember Matthews recused herself from the vote on item K.
Councilmember Stillman requested item E be removed from the Consent Calendar for further discussion.
Mayor Schaefer removed item N for further discussion.
Mayor Schaefer invited public comment.
Joanne McGarry requested items B, C, D, and O be removed for further discussion.
Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY ATKINS-SALAZAR, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR DECEMBER 21, 2022, WITH THE EXCEPTION OF THE FOLLOWING ITEMS:
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;
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.
AYES: SCHAEFER, MATTHEWS (RECUSED ON ITEM K), ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of December 7, 2022.
B. Item VIII-B was moved to Items Removed from Consent Calendar.
C. Item VIII-C was moved to Items Removed from Consent Calendar.
D. Item VIII-D was moved to Items Removed from Consent Calendar.
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E. Item VIII-E was moved to Items Removed from Consent Calendar.
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.
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. Item VIII-N was moved to Items Removed from Consent Calendar.
O. Item VIII-O was moved to Items Removed from Consent Calendar.
ITEMS REMOVED FROM CONSENT CALENDAR
B. Approve the Minutes of the City Council Meeting of December 7, 2022.
Mayor Schaefer invited public comment.
Joanne McGarry said she didn't understand how items were dealt with when the meeting didn't take place.
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Mayor Schaefer closed the public comment period.
City Manager Diemer explained how the Brown Act required whatever members of the City Council were present to adjourn the meeting thereby continuing the items.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL APPROVED THE MINUTES OF DECEMBER 7, 2022. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
C. Bi-Weekly Report on Disbursements, 11/5/2022 through 11/28/2022.
Mayor Schaefer invited public comment.
Joanne McGarry stated that she was trying to understand the disbursements listing and that the listing was vague.
Mayor Schaefer closed the public comment period.
ON MOTION BY MATTHEWS, SECONDED BY ATKINS-SALAZAR, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ACCEPTED THE DISBURSEMENT LISTING FOR THE PERIOD NOVEMBER 5, 2022, THROUGH NOVEMBER 28, 2022.
AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES:
NONE. ABSENT: NONE. ABSTENTIONS: NONE.
D. Bi-Weekly Report on Disbursements, 11/29/2022 through 12/10/2022.
Mayor Schaefer invited public comment.
Joanne McGarry stated that she was trying to understand the disbursements listing and that the listing was vague.
Mayor Schaefer closed the public comment period.
ON MOTION BY MATTHEWS, SECONDED BY ATKINS-SALAZAR, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ACCEPTED THE DISBURSEMENT LISTING FOR THE PERIOD NOVEMBER 29, 2022, THROUGH DECEMBER 10, 2022.
AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES:
NONE. ABSENT: NONE. ABSTENTIONS: NONE.
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.
Councilmember Stillman said she had concerns about how the City was going to deal with this solid food waste and if it would go into a green waste can or what.
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Director of Environmental Services Sinkhorn said the region did not yet have a place for organics to be delivered to be composted and that the Humboldt Waste management Authority was working on that component. She said the ordinance outlined the City's intent to have a three-bin system. She said the City was beginning negotiations with the solid waste hauler to determine how the process would work on the ground and staff anticipated having a finalized agreement in the Spring.
Mayor Schaefer invited public comment.
Joanne McGarry noted that the City of Eureka had published a booklet explaining how it was handling organic waste. She expressed her disappointment that composting would not begin right away and said she thought a three-bin process was too complex.
Gregory Daggett asked if Arcata's recycling was really being recycled or going to the landfill? He said there would have to be strong education of the public as recycling was complicated and he was skeptical this plan would work.
Patricia Cambianica said she hoped people could still compost on their own property.
Mayor Schaefer closed the public comment period.
ON MOTION BY MATTHEWS, SECONDED BY STILLMAN, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED 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, WAIVED READING OF THE TEXT AND CONSENTED TO READ BY TITLE ONLY. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
N. Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the Arcata Annie & Mary Trail Connectivity Project.
Director of Environmental Services Sinkhorn stated the Annie and Mary Trail Connectivity Project was a priority project of the City Council that year and the City had received a planning grant, an active transportation grant, and other funding. She informed the Council that the first phase consisted of the project approval and environmental documents. She said the City had prepared an Initial Study CEQA (California Environmental Quality Act) document and a Mitigated Negative Declaration CEQA document which outlined the project had some potential environmental impacts, but with mitigation it was not believed there would be significant environmental impacts from the project. She noted the trail was proposed to be 3.5 miles running from the Arcata Skate Park at Foster Avenue to the Mad River. She said the CEQA document was circulated in November and December and received no formal comments, but the comments it did receive were addressed in the document. She explained that this item was an opportunity to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan. Adoption would allow the City to be on the California Transportation Commission's agenda in January and then begin the next phase of the project--design and right-of-way funding.
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Mayor Schaefer invited public comment.
Uri Driscoll voiced his belief that, according to the Surface Transportation Board, a portion of the railroad had been abandoned in the 1980s and, therefore, was not available for railbanking. He recommended that question be resolved.
Mayor Schaefer closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PLAN FOR THE ARCATA ANNIE AND MARY TRAIL CONNECTIVITY PROJECT. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
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.
Mayor Schaefer invited public comment.
Joanne McGarry asked for an explanation of why records were being destroyed.
Uri Driscoll said he was disturbed that records were being destroyed.
Mayor Schaefer closed the public comment period.
Councilmember Matthews explained about government entities' records destruction programs and the Secretary of State's Guidelines for records destruction.
ON MOTION BY MATTHEWS, SECONDED BY STILLMAN, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED 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. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
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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.
Director of Environmental Services Sinkhorn explained that this ordinance would change the time of use restrictions at the Arcata Marsh and Wildlife Sanctuary (AMWS). She said there had been an increase in incompatible uses at the AMWS, many coming from road use on South I Street. She reported that discussions had taken place with Friends of the Arcata Marsh, California Polytechnic University, Humboldt, Redwood Region Audubon, etc., on how to protect wildlife and the safety of human users. She said the proposal included paving of South I Street, painting of fog lines, an enhanced gravel shoulder for a more separated walking area, wildlife crossing signage, and a 15 m.p.h speed limit on curves. She said the recommended times of use for the marsh were consistent with other parks and coastal access areas around the bay. She stated the proposed change was to have the AMWS closed from one hour after sunset to sunrise.
Director Sinkhorn directed the Council's attention to suggested amendments to the proposed draft ordinance originally included in the packet. She said a user had brought up a point that there may be instances where the best time to access the AMWS might be before sunrise. Staff proposed changing the draft ordinance to include time exceptions for special events or when permits were issued or authorized to access the AMWS earlier than sunrise.
Mayor Schaefer invited public comment.
Joanne McGarry noted that the annual lantern ceremony took place after sunset and would need to be an event exception. She said she wanted ordinances adopted by the City to address preservation of habitat.
Scott Fraser, Friends of the Arcata Marsh (FOAM), said he supported FOAM's and Redwood Region Audubon's efforts to work with the City to eliminate overnight camping, parties, and speeding at the AMWS. He recommended that in addition to locked gates on South I Street, there be locked gates at the South G Street parking lot. He also recommended there be a more detailed conversation about the special events approach.
Mayor Schaefer closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY MATTHEWS, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL INTRODUCED ORDINANCE NO. 1562, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING THE ARCATA MUNICIPAL CODE, TITLE X, CHAPTER 3, REGULATIONS FOR USE OF
THE ARCATA MARSH AND WILDLIFE SANCTUARY, TO UPDATE OVERNIGHT TIME RESTRICTIONS; AMENDED SECTION 10605 IN THE ORDINANCE TO READ:
"MOTORIZED VEHICLES WILL BE RESTRICTED TO SOUTH I STREET PARKING LOTS. PARKING WILL BE ALLOWED ONLY IN DESIGNATED PARKING LOTS.
PARKING SHALL BE PROHIBITED ON SOUTH I STREET, IN THE SOUTH I STREET December 21, 2022
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PARKING LOT, AND IN THE INTERPRETIVE CENTER PARKING LOT, BETWEEN
ONE HOUR AFTER SUNSET AND SUNRISE EXCEPT FOR SPECIAL EVENTS AND PERMITS ISSUED OR AUTHORIZED BY THE CITY"; WAIVED READING OF THE TEXT AND CONSENTED TO READ BY TITLE ONLY; AND ADOPTED A CEQA EXEMPTION PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 14, SECTIONS 15307 AND 15308. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
B. Authorize an Amendment to the Strategic Infill Redevelopment Program Contract with Planwest Partners and a Budget Adjustment Totaling $118,000 for Additional FormBased Code Scope of Services.
Councilmembers Atkins-Salazar and Stillman recused themselves from the discussion and vote on this item because they each owned property within 500 feet of the Gateway Area. Councilmember Atkins-Salazar left the Chamber, and Councilmember Stillman muted her Zoom connection, at 7:23 p.m.
Director of Community Development Loya said this item was a recommendation from the Planning Commission to authorize $118,000 from the General Fund to increase the consultant's scope of work on the form-based code. He said that at this point in the process, more work needed to be done by the consultant and that was the reason for the revised scope of work.
Mayor Schaefer invited public comment.
Fred Weis said he was not in favor of more funding and asked the Council to postpone a vote on this item. He also submitted written comment on the Gateway Area Plan process being behind schedule.
Gregory Daggett said the building height question needed to be answered first, especially as it affected the Arcata Fire District. He said that sea level rise should also be addressed right away.
Joanne McGarry said she hoped this was a lesson for the City about how things were done and that she wanted the community to be involved.
James Becker said he supported moving forward with the actual form-based codes and that they should be malleable so they could come back to the Planning Commission and give it a chance to decipher the codes before they were formally adopted.
Sherri Starr said she believed it was premature to spend this money before the Arcata Fire District had a chance to present its concerns to the Planning Commission on building height.
Patricia Cambianica agreed with Ms. Starr and said the City should not be continuing to develop form-based codes until it found out from the Fire District what it would cost the City to build anything over four stories.
Mayor Schaefer closed the public comment period.
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ON MOTION BY MATTHEWS, SECONDED BY WHITE, THE COUNCIL APPROVED A $118,000 CONTRACT AMENDMENT FOR ADDITIONAL FORM-BASED CODE SCOPE OF SERVICES, FOUND THAT ACTION TO AME4ND THE EXISTING CONTRACT WAS
NOT A PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA), AND ASKED FOR A MID-POINT REVIEW OF THE PROCESS IN APRIL OR MAY 2023. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
RECESS: The Council recessed from 8:20 to 8:26 p.m.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Schaefer invited public comment.
Joanne McGarry expressed her concern about emergency response or lack thereof. She suggested the community could respond to emergencies in creative, innovative and effective ways.
Fred Weis, speaking in regard to the Gateway Area Plan, said he found a lack of management and that it was impossible to get any results with the lack of critical path thinking. He said the L Street couplet should no longer be on the table.
Gregory Daggett spoke of how the City had not been in compliance with its noise element for over a year and that it needed to enforce the law.
Kent Sawatzky said he had major concerns with the City's risk management and future legal costs.
Sherri Starr asked when the City would have a warming station for the unhoused.
Mayor Schaefer closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
A. Receive an Update from City Engineer Netra B. Khatri on the Old Arcata Road Improvements Project.
City Engineer Khatri gave an update on the Old Arcata Road Improvements Project. He described the improvements, gave details about the roundabout, explained the funding, and said construction should begin in late 2023.
Mayor Schaefer invited public comment.
Joanne McGarry expressed her desire that the bike lane be on the other side of the bioswale.
Gregory Daggett said Arcata should use a more distinguishing paint color for bike lanes and not use white.
Kent Sawatzky said that project was to solve a problem that didn't exist. He recommended the members of Bayside Cares be notified before action was taken on the project.
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Marc Delany said the people who live there didn't want the roundabout and that Arcata had not involved those who lived in the area, but outside the City limits.
Mayor Schaefer closed the public comment period.
B. Receive an Update from Environmental Services Director Emily Sinkhorn on the Arcata Annie & Mary Trail Connectivity Project.
Director of Environmental Services Sinkhorn gave an update on the Annie and Mary Trail Connectivity Project saying it ran from the Arcata Skate Park to the pump station on West End Road, approximately 3.5 miles. She gave details of the proposed trail and showed conceptual renderings.
Mayor Schaefer invited public comment.
Fred Weis asked how the use of electric bicycles on trails for non-motorized vehicles would be resolved.
Gregory Daggett asked if there was thought given to incorporating railroad structures into the project.
Uri Driscoll said electric bicycles on the trails needed to be addressed and stated there was an issue with homeless camps near trails.
Kent Sawatzky said that the Surface Transportation Board determined the Annie and Mary Railroad was abandoned and that meant it could not be part of the trail system without permission from the land owners.
Mayor Schaefer closed the public comment period.
C. Other Council and Staff Reports.
Councilmember Matthews said she wanted to make sure everyone was safe after the 6.4 magnitude earthquake on December 20, 2022. She thanked staff for their quick response.
City Manager Diemer reported that Arcata fared well. Staff reported immediately and moved generators to power pump stations and water tanks. She said that buildings in Arcata were officially checked and no buildings were red tagged. She reported there was damage to one of the water tanks, but that most of the damage around town had been to windows.
Councilmember White reported on her attendance at a meeting of the Homelessness and Housing Working Group.
Councilmember Stillman said she wanted the Council to think about how motorized scooters could be used in town. She reported on her attendance at a meeting of the Board of Directors of the Humboldt Transit Authority.
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ADJOURNMENT
The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
Bridget Dory
City Clerk