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Minutes

Arcata City Council
March 1, 2023

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Minutes
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March 1, 2023
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Arcata City Council
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CITY OF ARCATA

CITY COUNCIL MEETING
COUNCIL CHAMBER MARCH 01, 2023
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 February 24, 2023. PRESENT:

Schaefer, Matthews, Atkins-Salazar, Stillman, White. ABSENT: None. STAFF PRESENT: City Manager Diemer, Chief of Police Ahearn, Director of Community Development Loya, Director of Environmental Services Sinkhorn, City Engineer Khatri, Chief of Police Ahearn, IT and Digital Media 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. Proclamation Recognizing March 8, 2023, as International Women's Day.

Councilmember White read the proclamation and presented it to Carilyn Hammer and Martha Hart from the Women's International League for Peace and Freedom (WILPF), who thanked the Council and spoke about upcoming events in a week-long festival in honor of International Women's Day.

B. Proclamation in Recognition of Girl Scout Week, March 12–18, 2023.

Mayor Schaefer read the proclamation and presented it to Sarah Boyd representing Troops 10627 and 90018, who thanked the Council and spoke of the upcoming cookie sales campaign and the activities it supported.

C. Proclamation in Recognition of Sunshine Week, March 12–18, 2023.

Councilmember Matthews read the proclamation and presented it to Jessica Schlachter, Vice President of the League of Women Voters of Humboldt County, who thanked the Council and encouraged others to participate in democracy by voting.

REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Economic Development Committee.

Chairperson Serg Mihaylo from the Economic Development Committee presented an oral version of the Committee's annual report.

EARLY ORAL COMMUNICATIONS
Mayor Schaefer invited public comment.

Anton Souza urged the Council to consider making Ross Street a cul-de-sac at Grant Avenue or a one-way street with speed bumps.

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Roman Fiero requested the City remove the Earth Flag from its current location above the United States Flag.

Peggy Martinez said the current bus system in Arcata was unwieldy resulting in people using their cars instead of riding the bus. She advocated for improvements to the system.

Fred Weis said he would share his friend's successful model for affordable workforce housing.

Nancy Pelletier thanked the Council for assisting Arcata House Partnership (AHP) to open an extreme weather shelter during the past week. She thanked Darlene Spoor of AHP and her staff for their stellar work.

Joanne McGarry requested the D Street Neighborhood Center be opened as an extreme weather shelter.

Gregory Daggett cautioned against erecting concrete buildings with the advent of sea level rise. He explained that buildings four stories or taller would have to be concrete buildings.

Mayor Schaefer closed Early Oral Communications.

CONSENT CALENDAR
Councilmember Matthews removed item F from the Consent Calendar for further discussion.

Mayor Schaefer invited public comment.

Joanne McGarry requested items D, G, and H be removed from the Consent Calendar for further discussion.

Mayor Schaefer closed the public comment period.

ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR MARCH 1, 2023, WITH THE EXCEPTION OF THE FOLLOWING ITEMS: D. ADOPT ORDINANCE NO. 1564, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA

AMENDING THE ARCATA MUNICIPAL CODE TO ADJUST COUNCILMEMBER SALARY, TITLE II (ADMINISTRATION), CHAPTER 1 (COUNCIL), SECTION 2010 (SALARIES OF THE CITY COUNCIL MEMBERS); WAIVE READING OF THE TEXT AND CONSENT TO READ BY TITLE ONLY; F. ADOPT RESOLUTION NO. 223-40 INCORPORATING A LIST OF PROJECTS FOR FISCAL YEAR 2023/2024 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT; G. AWARD A CONTRACT IN THE AMOUNT OF $245,161 TO GHD, INC., FOR ENVIRONMENTAL

COMPLIANCE AND MONITORING FOR THE ARCATA WASTEWATER TREATMENT FACILITY PHASE I IMPROVEMENT PROJECT; AUTHORIZE THE CITY MANAGER TO INCREASE THE CONTRACT AMOUNT BY UP TO $47,315 (20 PERCENT, FOR A TOTAL OF $292,476); AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL March 1, 2023
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APPLICABLE DOCUMENTS; AND H. APPROVE THE APPOINTMENT OF MEREDITH

MATTHEWS TO THE BOARD POSITION FOR THE HUMBOLDT/DEL NORTE

HAZARDOUS MATERIALS RESPONSE JOINT POWERS AUTHORITY, AND ALEX

STILLMAN TO THE HOMELESSNESS AND HOUSING WORKING GROUP FOR THE REMAINDER OF THE 2023 ASSIGNMENT YEAR. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE.

ABSTENTIONS: NONE.

A. Approve the Minutes of the City Council Meeting of February 7, 2023.

B. Approve the Minutes of the City Council Meeting of February 15, 2023.

C. Bi-Weekly Report on Disbursements.

D. Item VIII-D was moved to Items Removed from Consent Calendar.

E. Adopt Ordinance No. 1552, An Ordinance of the City Council of the City of Arcata Adding Chapter 5 (Residential Rental Inspection Program), to Title VIII (Building Regulations) of the Arcata Municipal Code; Waive Reading of the Text and Consent to Read by Title Only.

F. Item VIII-F was moved to Items Removed from Consent Calendar.

G. Item VIII-G was moved to Items Removed from Consent Calendar.

H. Item VIII-H was moved to Items Removed from Consent Calendar.

I. Adopt Resolution No. 223-41, Authorizing Application to CalHome for a Homebuyer Assistance Program in the Amount of $490,286.

ITEMS REMOVED FROM CONSENT CALENDAR
D. Adopt Ordinance No. 1564, an Ordinance of the City Council of the City of Arcata Amending the Arcata Municipal Code to Adjust Councilmember Salary, Title II (Administration), Chapter 1 (Council), Section 2010 (Salaries of the City Council Members); Waive Reading of the Text and Consent to Read by Title Only.

Mayor Schaefer invited public comment.

Joanne McGarry requested that items involving money not be put on the Consent Calendar.

Mayor Schaefer closed the public comment period.

ON MOTION BY STILLMAN, SECONDED BY ATKINS-SALAZAR, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED ORDINANCE NO. 1564, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING THE

ARCATA MUNICIPAL CODE TO ADJUST COUNCILMEMBER SALARY, TITLE II (ADMINISTRATION), CHAPTER 1 (COUNCIL), SECTION 2010 (SALARIES OF THE CITY COUNCIL MEMBERS); 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.

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F. Adopt Resolution No. 223-40 Incorporating a List of Projects for Fiscal Year 2023/2024 to be Funded by SB 1: The Road Repair and Accountability Act.

On inquiry by Councilmember Matthews, City Engineer Khatri said this funding could be used for any road maintenance project the City had planned. In this instance, it was decided to put this funding toward paving on Old Arcata Road and speed feedback signs on Janes Road, H Street, and V Street.

Mayor Schaefer invited public comment. None was received. Mayor Schaefer closed the public comment period.

ON MOTION BY MATTHEWS, SECONDED BY STILLMAN, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 223-40 INCORPORATING A LIST OF PROJECTS FOR FISCAL YEAR 2023/2024 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE.

ABSTENTIONS: NONE.

G. Award a Contract in the Amount of $245,161 to GHD, Inc., for Environmental Compliance and Monitoring for the Arcata Wastewater Treatment Facility Phase I Improvement Project; Authorize the City Manager to Increase the Contract Amount by up to $47,315 (20 Percent, for a Total of $292,476); and Authorize the City Manager to Execute All Applicable Documents.

Mayor Schaefer invited public comment.

Joanne McGarry requested that items involving the Wastewater Treatment Facility Improvement Project not be placed on the Consent Calendar. She asked for an explanation of this agenda item.

Mayor Schaefer closed the public comment period.

Director of Environmental Services Sinkhorn said this item was relative to the Arcata Wastewater Treatment Facility Improvement Project, Phase I. She said the recommendation was to award a contract for environmental monitoring and compliance before and during construction. She said the item was within the project's budget and the City's adopted budget for fiscal year 2022/2023.

ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A UNANIMOUS

VOICE VOTE, THE COUNCIL AWARDED A CONTRACT IN THE AMOUNT OF $245,161 TO GHD, INC., FOR ENVIRONMENTAL COMPLIANCE AND MONITORING FOR THE ARCATA WASTEWATER TREATMENT FACILITY PHASE 1
IMPROVEMENT PROJECT; AUTHORIZED THE CITY MANAGER TO INCREASE THE CONTRACT AMOUNT BY UP TO $47,315 (20 PERCENT FOR A TOTAL OF $292,476) TO

ALLOW FOR ANY UNFORESEEN CONTINGENCIES AND ADDITIONAL WORK AS

NECESSARY, AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.

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H. Approve the Appointment of Meredith Matthews to the Board Position for the Humboldt/Del Norte Hazardous Materials Response Joint Powers Authority, and Alex Stillman to the Homelessness and Housing Working Group for the Remainder of the 2023 Assignment Year.

Mayor Schaefer invited public comment.

Joanne McGarry asked for an explanation of this agenda item.

Mayor Schaefer closed the public comment period.

Councilmember Matthews explained that she was originally appointed to the Homelessness and Housing Working Group, but that group's meeting time conflicted with her work schedule.

Therefore, she and Councilmember Stillman agreed to swap the Homelessness and Housing Working Group appointment with the Board Position for the Humboldt/Del Norte Hazardous Materials Response Joint Powers Authority.

ON MOTION BY STILLMAN, SECONDED BY ATKINS-SALAZAR, AND WITH A

UNANIMOUS VOICE VOTE, THE COUNCIL APPROVED THE APPOINTMENT OF

MEREDITH MATTHEWS TO THE BOARD POSITION FOR THE HUMBOLDT/DEL

NORTE HAZARDOUS MATERIALS RESPONSE JOINT POWERS AUTHORITY, AND

ALEX STILLMAN TO THE HOMELESSNESS AND HOUSING WORKING GROUP FOR THE REMAINDER OF THE 2023 ASSIGNMENT YEAR. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT:

NONE. ABSTENTIONS: NONE.

OLD BUSINESS
A. Receive an Update on the Gateway Area Plan Engagement Process.

Councilmembers Stillman and Atkins-Salazar recused themselves from the discussion on this item because they each owned property just outside the boundaries of the Gateway Area. They left the Chamber at 6:52 p.m.

Director of Community Development Loya shared a list of 26 outreach events held before the release of the draft Gateway Area Plan. He said that since release of the document, the City had held more than 130 events including committee meetings, Planning Commission meetings, and community events and workshops. He showed a list of specific concerns for which the Planning Commission wanted follow-up information. He listed the work that had taken place so far in 2023 and work that was upcoming. He shared the General Plan Update review calendar. He also shared a calendar of work for the remainder of 2023 into the Spring of 2024. **Councilmember White said she felt recording of the SIRP study sessions/outreach events was necessary. She also asked that the Council consider reimbursing community members for recording of the form-based code study session on February 11, 2023. She asked that all recordings be housed on the City's SIRP web page YouTube channel, if possible. She inquired if there would be a summary or analysis from Survey 1 and other surveys? She asked about the status of a planned March 1, 2023
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study session to be held in the Creamery District. Finally, she asked if there were plans to include the Latinx community in this engagement.

Director Loya responded that the City had contracted with Blank and Oram Equity Partners, LLC to do outreach to under-represented communities.

Councilmember Matthews said she would like to have some of the form-based code completed for people to review and postpone any more meetings until afterward to get input.

Director Loya said it was reasonable if the Council wanted to shift gears on the scope and instead of conducting additional workshops, redirect and have the code developed. He said he felt staff had information to be able to inform the form-based code based on the 130-plus events held to date.

Mayor Schaefer agreed that it would be helpful to have form-based code to review and asked if it was feasible to get a draft code from Ben Noble before June.

Director Loya said he would have to confer with Mr. Noble.

On inquiry by Mayor Schaefer, Director Loya said it was the plan to have at least one final engagement meeting after the draft code was available.

On inquiry by Councilmember Matthews, Director Loya explained that the environmental analysis was intended to get down to a level of detail so that most projects could be ministerially administered. He noted there was no CEQA requirement associated with allowed uses and that when uses were discretionary, and the Planning Commission or City Council had to weigh findings to decide if they could approve a project, then there was a CEQA analysis requirement. He said the way the draft had been released to the community called for ministerial review of projects that were consistent with the form-based code. He said that to the degree the Council did not retain ministerial pathways, the form-based code gave the City some control over projects that may come in where there was a myriad of state laws that exempted those projects from local review.

Mayor Schaefer invited public comment.

Gregory Daggett expressed his lack of confidence that the City would perform the appropriate studies when drafting the Environmental Impact Report (EIR). He was also concerned with items being identified as "not significant" in the EIR.

Peggy Martinez asked that more outreach be directed toward persons with disabilities. She expressed concern that public transit was not being adequately addressed.

James Becker stated the form-based code workshops and surveys had been meaningful. He asked that park-in-lieu fees stay within the Gateway Area and requested that a requirement for privatelyowned public spaces be applied to four-story buildings under 30,000 square feet.

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Fred Weis distributed a set of drawings of four-story buildings at 10th and K Streets. He spoke about the value of 3-D models. He spoke in favor of Gateway Area walks, round-table meetings, and open houses. He proposed a decision be made about the L Street corridor.

Joanne McGarry spoke in favor using different methods to get more people engaged.

Melody Meyer expressed her concern about the housing shortage in Arcata. She said she felt there would be more public engagement if a draft code was presented for people to review and comment on.

Rebecca Buckley-Stein, Managing Attorney at Legal Services of Northern California, encouraged the Council to direct staff to include housing affordability requirements in the Gateway Area Plan.

Cathy Chandler-Klein recommended that public engagement not go on for too long. She asked that covered bicycle parking be prioritized as a requirement, as well as barriers along bike lanes.

Lisa Pelletier agreed that mandatory inclusionary zoning or affordability requirements should be included in the Plan.

Mayor Schaefer closed the public comment period.

Director Loya responded there was full intent to have inclusionary zoning requirement in the plan.

He said staff had completed mandatory consultations with the tribes and was having ongoing discussions with the tribes about how to integrate concepts they had into the Plan. He said staff was happy to do more walks and that the public could contact the Community Development Department and request a presentation be brought to them. He explained that there was a robust emphasis on propping up and supporting alternative transportation modes, including bus service. He said that park in-lieu fees still applied throughout the entire plan area and the city. He confirmed that the environmental studies being conducted included noise, air quality, etc.

Councilmember White suggested staff contact The Lighthouse or Tri-County Independent Living to assist in engaging the disabled community.

Councilmember Matthews said it was important to stick to the timelines and said the Council wanted to hear from the Planning Commission with its decisions by the first meeting in July. She said she would like to see some kind of written draft of the form-based code sooner rather than later. She reiterated that the public could still get in touch with the Council or staff to schedule walks or meetings.

Mayor Schaefer asked for some portion of the form-based code before that draft date to see how ideas translated into the actual code.

RECESS: The Council recessed from 8:29 to 8:36 p.m.

Councilmembers Stillman and Atkins-Salazar returned to the Council Chamber at 8:36 p.m.

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NEW BUSINESS
A. Adopt Resolution No. 223-34, a Resolution of the City Council of the City of Arcata Adopting Homebuyer Downpayment Assistance for Community Land Trust Acquisition Only Program Guidelines and Authorizing a Budget Appropriation to Fund the Program in the Amount of $100,000.

Director of Community Development Loya recommended the Council adopt Resolution No. 223-34 and appropriate funds to run a home buyer down-payment assistance program for Community Land Trust properties. The program would provide approximately 20-percent loans to buyers so they could purchase the Community Land Trust homes. He said this would provide a short-term fix and allow more time for a detailed analysis of what a sustainable Community Land Trust would look like.

WHITE MOVED AND STILLMAN SECONDED TO ADOPT RESOLUTION NO. 223-34, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA ADOPTING

EMERGENCY HOMEBUYER ASSISTANCE FOR COMMUNITY LAND TRUST

ACQUISITION-ONLY PROGRAM GUIDELINES AND AUTHORIZING A BUDGET APPROPRIATION TO FUND THE PROGRAM IN THE AMOUNT OF $100,000.

Mayor Schaefer invited public comment.

Fred Weis asked if a property would retain its affordability requirement if it became a rental.

Sherri agreed with the action to continue the program for home ownership.

Mayor Schaefer closed the public comment period.

THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT:

NONE. ABSTENTIONS: NONE.

ORAL AND WRITTEN COMMUNICATIONS
Mayor Schaefer invited public comment.

Jim Becker spoke in favor of designating the L Street corridor as a linear park.

Gregory Daggett cautioned that new construction needed to take place on the appropriate type of soil in order to survive a large earthquake.

Joanne McGarry urged all in the community to "do the right thing." She asked for a moment in silence in remembrance of two recently deceased houseless women.

Fred Weis reported on his friend's work-force housing model in another state suggesting it could be a template for Arcata.

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Mayor Schaefer closed the public comment period.

COUNCIL AND STAFF REPORTS
Councilmember Stillman reported on her attendance at a meeting of the Board of Directors of Humboldt Transit Authority (HTA). She asked that the Council agendize a discussion of having HTA take over some of the management of the A&MRTS. She also asked for an agenda item to discuss the zoning of the Mad River Community Hospital property.

Councilmember White reported on a ride along she did with the Arcata Police Department. She also reported on her attendance at meetings of the Board of Directors of the Redwood Region Economic Development Commission and the Homelessness and Housing Working Group, as well as a special meeting in Eureka on homelessness and encampments. She requested the Council agendize a request to discuss the flow of traffic on Ross Street and Grant Avenue.

Mayor Schaefer reported on her attendance at a meeting of Equity Arcata and the Board of Directors of Redwood Coast Energy Authority.

Councilmember Matthews reported out from the Chamber of Commerce Leadership Awards dinner.

She announced the Chamber Mixer to be held on Thursday, March 2, 2023, would be at Humboldt Haberdashery.

Councilmember Atkins-Salazar reported on her attendance at a meeting of the Humboldt County Association of Governments. She reported on activities of Arcata Main Street. She thanked Arcata House Partnership for the extended days of the extreme weather shelter.

DATES OF FUTURE MEETINGS
A. Annual Goals-Setting Study Session, Tuesday March 7, 2023, at 6:00 p.m., in the Council Chamber.

BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD ITS ANNUAL GOALS-SETTING SESSION ON TUESDAY, MARCH 7, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBER.

B. Joint Study Session with the Planning Commission on Sea Level Rise, Tuesday, March 28, 2023, at 6:00 p.m., in the Council Chamber.

BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD A JOINT

STUDY SESSION WITH THE PLANNING COMMISSION ON SEA LEVEL RISE ON TUESDAY, MARCH 28, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBER.

C. Fiscal Year 2023/2024 Budget Study Session, Tuesday, May 9, 2023, at 6:00 p.m., in the Council Chamber.

BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD ITS FISCAL YEAR 2023/2024 BUDGET STUDY SESSION ON TUESDAY, MAY 9, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBER.

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ADJOURNMENT
The meeting was adjourned at 9:25 p.m.

Respectfully submitted,
Bridget Dory
City Clerk
**On March 15, 2023, the City Council directed the minutes be amended for Old Business item A.

Receive an Update on the Gateway Area Plan Engagement Process, and brought back to it at a future date for approval. The amended text is shown in blue font.

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