CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER JANUARY 04, 2023
1 SPECIAL MEETING
A special meeting of the City Council of the City of Arcata was held on the above date at 5:15 p.m. as a hybrid meeting, via Zoom Video Communications and in person, with Mayor Schaefer presiding. Notice of this meeting was posted on December 30, 2022. PRESENT: Schaefer, Matthews, Atkins-Salazar, Stillman, White. ABSENT: None. STAFF PRESENT: Director of Community Development Loya, City Clerk Dory, IT and Media Specialist Carrillo.
PUBLIC COMMENT
Mayor Schaefer invited public comment.
Patricia Cambianica recommended the Council consider candidates that would be open, nonbiased, willing to work out details, good at solving problems, and not be single-issue candidates.
Gregory Daggett said the Planning Commission needed open-minded and positive who were willing to think outside the box.
Joanne McGarry asked that all those who wanted to serve be visionaries and future thinkers.
Sherri asked the Council to appoint new commissioners who had not shown any bias.
Mayor Schaefer closed the public comment period.
COMMISSION INTERVIEWS
A. Interview Four Candidates to Fill Two Vacancies on the Planning Commission for Terms Expiring March 31, 2025.
The Council asked questions of the three applicants for the Planning Commission—Matthew Simmons, Peter Lehman, and Mark Ritz.
ADJOURNMENT
The meeting was adjourned at 5:45 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 Zoom Video Communications and in person, with Mayor Schaefer presiding. Notice of this meeting was posted on December 30, 2022. PRESENT: Schaefer, Matthews, Atkins-Salazar, Stillman, White. ABSENT: None. STAFF PRESENT: City Manager Diemer, City Attorney Diamond, Assistant City Manager/Personnel Director Demello, Director of Community Development Loya, City Engineer Khatri, Chief of Police Ahearn, Deputy Director of Environmental Services--Community Services Benvie, IT and Media Production Specialist Carrillo, City Clerk Dory.
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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.
EARLY ORAL COMMUNICATIONS
Mayor Schaefer invited public comment.
Gregory Daggett spoke about an unresolved complaint he made to the City regarding enforcement of its noise ordinance.
Joanne McGarry spoke about the recent earthquake and storms and the need for communication of emergency plans for the residents of the city, and asked why there were no extreme weather shelters or warming centers.
Fred Weis praised the design of the recently approved Valley East Lofts three-story apartments in Valley West.
James Becker said the Redwood Chapter of the Sierra Club voted to endorse an L Street linear park. He asked the Council to designate the L Street corridor as a linear park.
Sherri Starr said Arcata urgently needed shelter for the un-housed.
Mayor Schaefer closed Early Oral Communications.
CONSENT CALENDAR
Councilmember Stillman removed item D, an unidentified audience member removed item C, and Joanne McGarry removed item E from the Consent Calendar for further discussion
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR JANUARY 4, 2023, WITH THE EXCEPTION OF THE FOLLOWING ITEMS: C.
BI-WEEKLY REPORT ON DISBURSEMENTS; D. ADOPT 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; WAIVE READING OF THE TEXT AND CONSENT TO READ BY TITLE ONLY; AND E. AUTHORIZE THE CITY MANAGER
TO SIGN A LETTER OF FUNDING COMMITMENT FOR HUMBOLDT COUNTY EDIBLE FOOD RECOVERY PROGRAM. AYES: SCHAEFER, MATTHEWS, January 4, 2023
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ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of December 15, 2022.
B. Approve the Minutes of the City Council Meeting of December 21, 2022.
C. Item VIII-C was moved to Items Removed from Consent Calendar.
D. Item VIII-D was moved to Items Removed from Consent Calendar.
E. Item VIII-E was moved to Items Removed from Consent Calendar.
ITEMS REMOVED FROM CONSENT CALENDAR
C. Bi-Weekly Report on Disbursements.
Mayor Schaefer invited public comment.
Gregory Daggett expressed thoughts on risk management and his concern with the amount of money the City was spending on legal fees. He asked if there was oversight of the legal expenses.
Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL RECEIVED THE BI-WEEKLY REPORT ON DISBURSEMENTS. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
D. Adopt 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; Waive Reading of the Text and Consent to Read by Title Only.
Councilmember Stillman said she had noted that section 10625 did not ban drones at the Marsh.
City Attorney Diamond responded that there was another section of the Municipal Code that regulated where unmanned aircraft were banned in the city.
Deputy Director of Community Development--Community Services Benvie confirmed that recreational drones could not be flown at the marsh, and drones were only allowed for specific reasons and only with a Nature Area Permit.
ATKINS-SALAZAR MOVED TO ADOPT 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 January 4, 2023
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RESTRICTIONS; WAIVE READING OF THE TEXT AND CONSENT TO READ BY TITLE ONLY.
Councilmember White said she was contacted by the Northcoast Environmental Center which was concerned that banning houseless people in the marsh would just result in them moving from one ecologically sensitive area to another ecologically sensitive area, probably Carlson Park, and that they needed a place to camp.
STILLMAN SECONDED THE MOTION.
**Mayor Atkins-Salazar invited public comment.
Joanne McGarry asked if there would be a big sweep of those camping in the marsh and where would the people go then?
George Green said he was in favor of the new restrictions regarding vehicles. He recommended some type of a tent city be provided elsewhere for the houseless to camp.
A written communication was submitted by Caroline Griffith of the Northcoast Environmental Center, asking the Council to not adopt the ordinance and instead commit to establishing safe parking and safe camping amnesty for houseless persons.
Mayor Schaefer closed the public comment period.
City Manager Diemer responded that the ordinance did not change the City's current practice, but the rules would be enforced for those causing problems based on behavior.
THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
E. Authorize the City Manager to Sign a Letter of Funding Commitment for the Humboldt County Edible Food Recovery Program.
Mayor Schaefer invited public comment.
Joanne McGarry asked for an explanation of food recovery.
Mayor Schaefer closed the public comment period.
Deputy Director of Environmental Services—Community Services Benvie said Senate Bill 1383 mandated a 20 percent diversion of edible food from entering the landfill, and this letter of commitment was the City's next step to having a regional recovery program.
ON MOTION BY MATTHEWS, SECONDED BY ATKINS-SALAZAR, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL AUTHORIZED THE CITY MANAGER January 4, 2023
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TO SIGN A LETTER OF FUNDING COMMITMENT FOR THE HUMBOLDT COUNTY EDIBLE FOOD RECOVERY PROGRAM. AYES; SCHAEFER,
MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
NEW BUSINESS
A. Appoint up to Two New Members to the Planning Commission for Terms Expiring March 31, 2025.
Mayor Schaefer invited public comment.
An unidentified member of the audience said he felt limiting development height to less than eight stories was shortsighted for Arcata's future.
Mayor Schaefer closed the public comment period.
STILLMAN MOVED AND ATKINS-SALAZAR SECONDED TO APPOINT MATTHEW
SIMMONS AND PETER LEHMAN TO THE PLANNING COMMISSION FOR TERMS EXPIRING MARCH 31, 2025.
Mayor Schaefer reopened public comment.
Aaron questioned appointing a new Planning Commissioner who had endorsed a sitting City Councilmember during their campaign.
Mayor Schaefer closed the public comment period.
City Attorney Diamond confirmed that quid pro quo required the element of financial gain, that appointing someone to the Planning Commission was a legislative action, and there was no financial kickback in this instance.
Some of the Councilmembers explained the reasoning behind their choices.
THE MOTION PASSED ON A FIVE-TO-ZERO ROLL CALL VOTE WITH
COUNCILMEMBER MATTHEWS ABSTAINING ON THE APPOINTMENT OF MATTHEW SIMMONS. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS:
MATTHEWS WITH REGARD TO THE APPOINTMENT OF MATTHEW SIMMONS.
B. Consider a Partial or Full Refund to the Appellant of the Westwood Garden Apartments Development Appeal Fee.
Councilmember White recused herself from this item and item XI-C because she was a member of the Planning Commission when the item being appealed was approved. She left the Chamber at 6:50 p.m.
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RECESS: The Council recessed from 6:50 to 6:56 p.m.
City Manager Diemer explained that there was an appeal brought forth by the tenant of an apartment complex for which a project had been approved by the Planning Commission. She said the appellant had requested a full refund of the appeal fee of $1,867.38. She told the Council that staff time was calculated at $350, with a Spanish interpreter hired for another $300, and that those were fixed costs.
STILLMAN MOVED TO WAIVE THE APPEAL FEE MINUS DIRECT COSTS OF $650 RESULTING IN A REFUND $1,217.38.
The appellant, Raelina Krikston, said she had actually paid $2,054.12 for the appeal.
STILLMAN AMENDED THE MOTION TO WAIVE ALL APPEAL FEES MINUS FIXED COSTS NOT TO EXCEED $650.
ATKINS-SALAZAR SECONDED THE MOTION AS AMENDED.
Mayor Schaefer invited public comment.
Fred Weis recommended the appellant receive all their money back.
Glen Colwell thanked the Council for supporting a refund to the appellant of the appeal costs.
An unidentified member of the audience asked why the City did not provide interpretation free of charge and recommended the interpreter costs be refunded, as well as the entire appeal fee.
Raelina Krikston said there had been no information given in Spanish to that point. She explained that a refund of the entire appeal fee, including the $650, meant a lot to those who contributed to the fee.
Will Smith recommended the entire appeal fee and fixed costs be refunded.
Mayor Schaefer closed the public comment period.
MATTHEWS MOVED TO REFUND THE FULL APPEAL FEES, INCLUDING COSTS.
SCHAEFER SECONDED THE MOTION. THE MOTION FAILED ON A TWO-TOTWO VOTE. AYES: MATTHEWS, SCHAEFER. NOES: ATKINS-SALAZAR, STILLMAN. ABSENT: NONE. ABSTENTIONS: NONE.
ATKINS-SALAZAR WITHDREW HER SECOND TO THE ORIGINAL MOTION, THEREBY CAUSING THE MOTION TO FAIL DUE TO LACK OF A SECOND.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY STILLMAN, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL REFUNDED THE APPEAL FEE MINUS January 4, 2023
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$350 IN FIXED COSTS. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN. NOES: NONE. ABSENT: WHITE (RECUSED). ABSTENTIONS:
NONE.
C. Consider an Appeal of the Planning Commission’s Approval of the Westwood Garden Apartments Multifamily Project Located at 2351 Westwood Court.
Director of Community Development Loya explained that this was an appeal of the approval by the Planning Commission of the Westwood Gardens Apartments project. He said the Council could deny the appeal, approve the appeal, modify the Planning Commission's action, or send the project back to the Planning Commission.
Mayor Schaefer invited the appellants to make their presentation.
Fred Weis explained how he believed the Planning Commission acted in error. He explained that a Planned Development had to conform to high standards to insure a higher quality project at the site. He described how there would not be enough daylight between the buildings for people to view the sky. He said the buildings were oriented extremely poorly in regard to solar shading.
He said the ADA access within the apartments was not adequate. He said he felt the project did not meet the findings adopted by the Planning Commission. He declared the Planning Commission approved the project because the staff report contained false and misleading information and he enumerated that information. He said the biggest false statement was that this project provided unrestricted affordable housing for the community. He said he felt the shortcomings of the project were disregarded by the Planning Commission because it was told this project supplied affordable housing. He said the City could encourage the developer to build a project of a different style with more outdoor space and sunlight. Also, the City could encourage taller buildings by providing a subsidy.
Raelina Krikston said the Land Use Code Housing Element pointed directly to this project being contradictory to what Arcata wanted in its housing design. She showed a shading model which highlighted the lack of solar access to the buildings, which she said was inappropriate and not conducive to healthy living. She said the proposed project did not carry out the policies, and especially the intent, of the General Plan. She said that exemptions given in this project included a reduction in private outdoor space from 150 square feet to 49 square feet and that was in conflict with a Planned Development. She said the proposed development was a degradation of the living quality on this parcel for current and future occupants and the developer needed to take liability of the project into account, not just profit. She stated the future needed to be considered by having an efficient design and taking into account future fixtures such as electric car charging stations. She declared sunlight was required for healthy living. Ms. Krikston said the appellants wanted to see something built on the site, but wanted it to be built respectfully for current and future tenants.
Mayor Schaefer invited public comment.
An unidentified member of the audience ceded his time to Dan Duncan.
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Daniel Duncan spoke of the Planning Commission's inability to demand higher standards from the developer. He said land in Arcata had to be developed conscientiously and that this project was designed to house only students. He said the people living there needed sunlight to fill the corridors and stream into their rooms. He proposed the Council give Mr. Strombeck the opportunity to present a project that all the tenants might enjoy.
Gregory Daggett said it was not feasible to build affordable housing in Humboldt County due to the low median income level and cost to build. He said the project was approved because it met the items on the checklist and because Arcata needed housing.
An unidentified member of the audience said that in October, Mr. Strombeck spoke about how this project would be wonderful. He suggested a building like Sorrell Place could fit in this space and provide more units.
Joanne McGarry said this design did not provide livability in future housing in the community.
She hoped the Council would not allow this project to go through.
Raelina Krikston addressed the annual income required for residents to be able to pay the rent.
She said that more housing was needed in Arcata, but especially for households of low income.
Glen Colwell said Arcata was being asked to sacrifice everything that was desirable and aesthetically pleasing about the site. He said he hoped the developer could come back with a better design.
Fred Weis demonstrated the 12-foot space that would be between the buildings.
Trish said that when planning housing, the developer needed to look at what was best for the people living in it. She said sunlight was important to people's mental health.
An unidentified member of the audience said the nebulous concept of affordable housing should not be used as a buzz word to sweeten the deal for projects that had negative aspects to them.
They said this was a poorly planned development.
Mayor Schaefer closed the public comment period and invited the applicant to speak.
RECESS: The Council recessed from 8:35 to 8:40 p.m.
Mike Nelson, from LACO Associates, addressed key points. He said that based on community input, the project went through an entire redesign and that it was designed to meet the Land Use Code and General Plan in law and intent. He pointed out the 3/4-acre riparian space that would be opened to the public and provide trail connectivity to the Cal Poly Humboldt development nearby. He said there was considerable deliberation by the Planning Commission, and staff did its job to balance the City's and State's housing requirements. He the project provided energy benefits the current buildings did not. He also noted that almost every residential property in Arcata had a five-foot side setback which amounted to 10 feet between buildings, and the space January 4, 2023
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they proposed was 12 feet. He said the new units were studio apartments and were part of the existing development that had a mix of one-, two-, and three-bedroom apartments. He confirmed that ADA requirements had to be met in order to get a building permit. He said the new development had gas appliances which met the current energy standards. He said the developer was happy to close in the bicycle parking if the Council wanted that. Also, the developer would be happy to relocate the community gardens if asked to do so.
On inquiry by Councilmember Matthews, Director Loya explained the affordable housing terminology saying that these units were not pre-qualified affordable units, but were affordable because of their size.
On inquiry by Councilmember Atkins-Salazar, Director Loya said he didn't think the Planning Commissioners were confused and that they understood the project in detail to make their findings. He said the buildings did meet the Code requirements.
On inquiry by Mayor Schaefer, Mr. Nelson said the riparian area would have a 10-foot-wide trail through it.
On inquiry by Mayor Schaefer, Mr. Nelson said that, for his client, this design was cost-effective and fewer, taller buildings would not be.
Mayor Schaefer said that lockable, enclosed bicycle parking was essential, and Mr. Nelson replied that the developer was happy to do that as a condition of approval.
On inquiry by Councilmember Atkins-Salazar, Mr. Nelson said to make the project more acceptable to the residents, the developer was willing to: 1) enclose the bicycle parking; 2) put the community garden in a preferred location and increase the deck sizes to 80 square feet.
STILLMAN MOVED TO AFFIRM THE PLANNING COMMISSION'S ACTION AND DENY THE APPEAL.
Raelina Krikston said this project was affordable for the developer at the expense of the residents. She said if the City Council denied the project, the developer would come to the table with a better design.
Fred Weis said the residents wanted fewer buildings and a smaller development down to 70 units.
Steve Strombeck, the developer, said he did the best job he could with the redesign of the project and felt it was a good project.
ATKINS-SALAZAR SECONDED THE MOTION.
ATKINS-SALAZAR AMENDED THE MOTION TO REQUIRE AN ENCLOSED BICYCLE PARKING AREA.
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STILLMAN ACCEPTED THE AMENDMENT TO THE MOTION.
THE MOTION, AS AMENDED, PASSED ON A UNANIMOUS VOICE VOTE. AYES:
SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN. NOES: NONE.
ABSENT: WHITE (RECUSED). ABSTENTIONS: NONE.
Councilmember White returned to the meeting at 9:40 p.m. via teleconference utilizing Zoom Video Communications.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Schaefer
Joanne McGarry said she felt the community was not in a level of competence to respond to emergencies as they arose. She questioned why a City facility had not been opened as an emergency shelter and warming center.
Fred Weis commended the Council for approving an additional $118,000 for work on the formbased code with periodic check-ins on how the funds were being spent. He asked that the Council be able to see the first three amendments to the City's contract with PlanWest. He asked when the budget was increased from $600,000 to $700,000.
Gregory Daggett asked for a noise study at H and 16th Streets. He said the City could not be in compliance with its noise element without testing, and that if he didn't see movement, he would have to go to the next level.
An unidentified member of the audience asked the Council to find a City facility where people could get indoors, get a shower, do their laundry, etc., stating that this was an immediate need.
Mayor Schaefer closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
City Manager Diemer reported that Arcata House Partnership had opened an extreme weather shelter in the former pool room at The Grove. She said people were being fed, offered sanitation and showers at the annex and then shuttled to The Grove. She said it would be open the next night, also, and that volunteers were needed.
Councilmember Stillman recommended Spanish interpretation services be included in the Council's goals for the upcoming fiscal year. She also recommended that a more robust public relations campaign be started for Arcata House Partnership highlighting all the work it did in Arcata.
Councilmember White thanked Arcata House Partnership for opening the extreme weather shelter. She agreed with Councilmember Stillman regarding Spanish interpretation services. She January 4, 2023
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posed the idea of providing childcare during City Council meetings, and perhaps a rideshare/volunteer driver service for seniors or students who don't drive at night.
Mayor Schaefer announced the Arcata Chamber of Commerce mixer on Thursday, January 5, 2023, at 5:30 p.m., at the Chamber building.
ADJOURNMENT
The meeting was adjourned at 9:59 p.m.
Respectfully submitted,
Bridget Dory
City Clerk
**Corrected as of January 18, 2023, on motion by Stillman, seconded by Atkins-Salazar, and with a unanimous voice vote, to change “Mayor Atkins-Salazar invited public comment” to “Mayor Schaefer invited public comment” in the eighth paragraph under Items Removed from Consent Calendar—D.