CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER APRIL 05, 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 March 31, 2023. PRESENT:
Schaefer, Atkins-Salazar, Stillman, White. ABSENT: Matthews. STAFF PRESENT: City Manager Diemer, Chief of Police Ahearn, City Engineer Khatri, Director of Environmental Services Sinkhorn, Director of Community Development Loya, Assistant City Engineer Caisse, Deputy Director of Environmental Services—Community Services Benvie, Environmental Programs Manager Sefcik, Deputy Director Information Technology Savage, 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 Julie Vaissade-Elcock for Her 14-1/4 Years of Service on the City of Arcata's Planning Commission.
Councilmember White read the Certificate of Appreciation for Julie Vaissade-Elcock.
Ms. Elcock had emailed her comments stating she appreciated serving on the Planning Commission.
B. Certificate of Appreciation to Vanessa Metz for Her 21 Years of Service on the City of Arcata's Wetlands and Creeks Committee.
Mayor Schaefer read the Certificate of Appreciation and presented it to Vanessa Metz who said it had been an honor to serve on the Committee.
C. Certificate of Appreciation for Sue Cashman for her 11 Years of Service on the City of Arcata's Transportation Safety Committee
Councilmember Stillman read the Certificate of Appreciation and presented it to Sue Cashman who complimented City staff on being capable, informative, and good at multi-tasking.
D. Proclamation in Recognition of the 2023 Godwit Days Spring Migration Bird Festival, April 13-16, 2023.
Councilmember Stillman read the proclamation and presented it to Bob Brown who quoted statistics for this year's Godwit Days Festival.
E. Proclamation in Recognition of the Week of the Young Child, April 1-7, 2023.
Councilmember Atkins-Salazar read the proclamation and presented it to Rodney Oien, Executive Director, Northcoast Children's Services, who thanked the Council for its support.
April 5, 2023
-2-
F. Proclamation in Recognition of Sexual Assault Awareness Month, April 2023.
Mayor Schaefer read the proclamation and presented it to Amanda LaBlanc, Executive Director of the North Coast Rape Crisis Team, who thanked the Council and spoke of the organization's work.
REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Wetlands and Creeks Committee.
Bob Brown, Chairperson of the Wetlands and Creeks Committee, gave an oral version of the Committee's annual report.
EARLY ORAL COMMUNICATIONS
Mayor Schaefer invited public comment.
Joanne McGarry suggested Arcata reach out to young people in the community to find out what they want it to look like in 50 years.
Jim Becker asked the Council to please consider making the L Street corridor a linear park.
Glen Colwell spoke about a proposal to rezone neighborhoods for high-density housing and asked the Council to take slower steps and seek public input.
Fred Weis said Northcoast Children's Services was an exemplary program. He also complimented the City's long-term committee members.
Jane Woodward thanked the Council for holding its study session on sea level rise and then listed her concerns about the structure of the meeting.
Lee Torrence asked for clarification regarding the high-density zoning proposed for neighborhoods.
Dave Meserve said the City's complaint for declaratory relief seeking a judicial opinion regarding the Earth flag measure (M, November 2022) gave the impression the Council was opposed to flying the Earth flag on the top of City-owned flagpoles.
Mayor Schaefer closed the Early Oral Communications.
CONSENT CALENDAR
Councilmember White removed items A and G from the Consent Calendar for further discussion.
Councilmember Atkins-Salazar removed item E from the Consent Calendar for further discussion.
Mayor Schaefer invited public comment. None was received. Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY WHITE, AND WITH A FOUR-TO-ZERO
VOICE VOTE WITH ONE ABSENCE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR APRIL 5, 2023, WITH THE EXCEPTION OF THE FOLLOWING April 5, 2023
-3-
ITEMS: A. APPROVE THE MINUTES OF THE CITY COUNCIL MEETING OF MARCH 1, 2023; E. APPROVE THE PURCHASE OF ONE ELGIN REGENX STREET SWEEPER, AND AWARD CONTRACT TO OWEN EQUIPMENT IN THE AMOUNT OF $353,731.70, INCLUDING TAX; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS; AND G. ADOPT RESOLUTION NO. 223-46
AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES
AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FOR THE FOLLOWING PROJECT: A&MRTS FREE FARES IN THE AMOUNT OF $14,000. AYES: SCHAEFER, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: MATTHEWS. ABSTENTIONS: NONE.
A. Item VIII-A was moved to Items Removed from Consent Calendar.
B. Approve the Minutes of the City Council Meeting of March 15, 2023.
C. Bi-Weekly Report on Disbursements.
D. Approve the Project Plans and Award a Construction Contract for the Redwood Park Improvement Project Phase 1 to Mobley Construction DBA MCI in the Amount of $349,003.00 (Base Bid + Additive Alternative No. 1); Authorize the City Engineer to Increase the Contract Amount by up to $69,800.60, (20 Percent, for a Total Amount Not to Exceed $418,803.60) to Allow for Any Unforeseen Contingencies; and Authorize the City Manager to Execute All Applicable Documents.
E. Item VIII-E was moved to Items Removed from Consent Calendar.
F. Adopt Resolution No. 223-45, 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.
G. Item VIII-G was moved to Items Removed from Consent Calendar.
H. Request the Annual Engineer's Report and Preparation of Notices to Declare the City's Intention to Continue to Levy and Collect Assessments of Existing Assessment Districts to Include Mad River Parkway Business Center Landscape Maintenance Assessment District, Windsong Subdivision Landscape Maintenance Assessment District and Janes Creek Meadow Landscape Maintenance Assessment District.
ITEMS REMOVED FROM CONSENT CALENDAR
A. City Council - Regular Meeting - Mar 1, 2023 6:00 PM Councilmember White thanked City Clerk Dory for amending the March 1, 2023, minutes.
Mayor Schaefer invited public comment. None was received. Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY ATKINS-SALAZAR, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL APPROVED THE AMENDED MINUTES OF THE CITY COUNCIL MEETING OF MARCH 1, 2023. AYES: SCHAEFER, ATKINS- April 5, 2023
-4-
SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: MATTHEWS.
ABSTENTIONS: NONE.
E. Approve the Purchase of One Elgin RegenX Street Sweeper, and Award Contract to Owen Equipment in the Amount of $353,731.70, Including Tax; and Authorize the City Manager to Execute All Applicable Documents.
On inquiry by Councilmember Atkins-Salazar, Director of Environmental Services Sinkhorn said the City searched for a lightweight diesel or electric street sweeper since the City is shifting its fleet to green vehicles. She said there were a lot of supply chain challenges to work through. She also said the lightweight diesel street sweeper was less than half the cost of an electric street sweeper. In addition, the lightweight diesel sweeper did not require the operator hold a commercial license. For these reasons, the decision was made to purchase a lightweight diesel sweeper which would allow the City to have it on the streets more regularly.
ATKINS-SALAZAR MOVED AND STILLMAN SECONDED TO APPROVE THE
PURCHASE OF ONE ELGIN REGENX STREET SWEEPER AND AWARD A CONTRACT TO OWEN EQUIPMENT IN THE AMOUNT OF $353,731.70, INCLUDING TAX; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS.
Mayor Schaefer invited public comment. There was none. Mayor Schaefer closed the public comment period.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: SCHAEFER, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE.
ABSENT: MATTHEWS. ABSTENTIONS: NONE.
G. Adopt Resolution No. 223-46 Authorizing the Execution of the Certifications and Assurances and Authorized Agent Forms for the Low Carbon Transit Operations Program (LCTOP) for the Following Project: A&MRTS Free Fares in the Amount of $14,000.
Councilmember White said she was looking forward to promoting the free fares and riding the buses.
Mayor Schaefer invited public comment.
Joanne McGarry asked that free fares also be offered when students were in Arcata and during inclement weather.
Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY WHITE, AND WITH A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL ADOPTED RESOLUTION NO. 223-46 AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FOR THE FOLLOWING PROJECT:
April 5, 2023
-5-
A&MRTS FREE FARES, IN THE AMOUNT OF $14,000. AYES: SCHAEFER, ATKINSSALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: MATTHEWS.
ABSTENTIONS: NONE.
OLD BUSINESS
A. Receive a Report on the Mad River Community Hospital's Special Considerations.
Director of Community Development Loya said this agenda item would educate the Council on the development constraints on the Mad River Community Hospital's property and the process to amend those constraints. He said the property was originally designated Public Facility and Agricultural Exclusive and it was redesignated entirely as Public Facility. In the Environmental Impact Report, this loss of land zoned Agricultural Exclusive was identified as a significant impact, and in order to offset that impact, a special consideration was adopted specifying the property be retained in 50 percent open space. He listed all of the special considerations and a history of the property— including the development of a master site plan accepted by the City. He said that because this was a mitigation measure, removing or changing it would require a General Plan amendment which would require an Environmental Impact Report. This would allow the Council to adopt a Statement of Overriding Considerations which would state that the Council recognized the impacts not being mitigated, but was still choosing to make a change. He said this was the process required to develop more than 50 percent of the Mad River Community Hospital's property.
Gary Reese, from SHN Consulting Engineers representing the hospital, answered questions from the Council. He said much of what was originally proposed in the master site plan was not currently necessary. He said the hospital only needed a small portion of the property for expansion of medical facilities and would like to develop the rest of the site as housing. He said the hospital wanted to know if the Council would allow an application to change the zoning to allow for housing and reduce the restrictions such as the retention of open space on 50 percent of the site.
David Neal, Chief Executive/Chief Nursing Officer for Mad River Community Hospital, said the hospital was working with Humboldt County Behavioral Health to establish a 40-bed county-wide mental health crisis stabilization unit and this would relieve some of the burden on the local emergency rooms. He said this service was not currently provided by Semper Virens. He said there was a need for housing for doctors and work force personnel. He stated the hospital had a vision and would like to have the 50 percent open space requirement reduced as much as possible to make land available for housing.
STILLMAN MOVED AND ATKINS-SALAZAR SECONDED TO ENTERTAIN A CHANGE
IN THE LAND USE RESTRICTIONS AND ALLOW THE APPLICANT TO SUBMIT AN APPLICATION TO CITY STAFF TO START THE PROCESS.
Mayor Schaefer invited public comment.
Chris Richards cautioned the Council to pay close attention to the percentage of open space that should be required and suggested a buffer zone of open space be retained next to United Indian Health Services.
April 5, 2023
-6-
Fred Weis requested direction be given that buildings be three-to-four stories to maximize use of the land. He said the open space should be kept as contiguous.
Colin Slevey recommended insuring that open space could be utilized in some form as wildlife habitat or agricultural use. He also advocated for large garden spaces and that the housing be something other than single-family residences.
Lisa Brown said she believed the City Council should not allow Mad River Properties to reduce the retention of 50 percent open space.
Colin Fiske, Coalition for Responsible Transportation Priorities, said the property lacked in safe and convenient non-vehicular transportation infrastructure to commercial areas of town. He recommended considering that and perhaps include some neighborhood commercial development to reduce the need for longer trips.
Kent Sawatzky strongly supported retention of the open space as previously agreed upon at 50 percent.
Mayor Schaefer closed the public comment period.
Councilmember Atkins-Salazar said things had changed and she felt there was a need for more medical facilities and more housing.
Mayor Schaefer agreed with Councilmember Atkins-Salazar and said she would like to retain the open space that was next to United Indian Health Services. She said the community desperately needed medical services and housing.
Councilmember Stillman said the City needed to move forward and allow the changes to happen.
She said changes were necessary for our medical community.
Councilmember White supported a buffer of open space between this property and United Indian Health Services, and preservation of the garden.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: SCHAEFER, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE.
ABSENT: MATTHEWS. ABSTENTIONS: NONE.
RECESS: The Council recessed from 7:35 to 7:41 p.m.
NEW BUSINESS
A. Provide Direction to the Planning Commission Regarding the Timeline for the Strategic Infill Redevelopment Program.
Mayor Schaefer said that previously three members of the Council sitting in review of the Gateway Area Plan element of the General Plan confirmed a desired timeline to see drafts and recommendations from the Planning Commission by July. She said that their discussion included April 5, 2023
-7-
the Gateway Area Plan and form-based code, but also included other General Plan elements. She said that because of this, the discussion should have included Councilmembers Atkins-Salazar and Stillman. She said she had spoken with the Chair of the Planning Commission and was confident the Planning Commission would be able to meet this deadline. She said that evening's discussion would focus only on General Plan updates and not include discussion of the Gateway Area Plan.
Director Loya said the Planning Commission had developed a framework for its discussions and a timeline. He explained that if the Commission was not able to complete its discussions on a given topic, that topic would go into a "bike rack" and be taken up again at one of the meetings in June.
He said everyone was aware the Council would not likely receive a recommendation with the Planning Commission having read and reviewed every element or policy—there would be some outstanding discussion items. Director Loya reviewed the list of funding sources for this work and the associated deadlines, explaining that staff was working with the funding sources to get them to agree to accept draft documents. He said those discussions were favorable at this time.
Mayor Schaefer invited public comment.
Karen Davidson urged the Council to not accelerate the process.
Chris Richards questioned adoption of an Environmental Impact Report covering both the General Plan Update and the Gateway Area Plan, where the Gateway Area Plan could only be discussed by three members of the Council.
Dave Meserve said the Eye Street area was being included with the Craftsman's Mall property and would be upzoned from low-density residential to high-density residential. He expressed his concern about the proposed 70-unit development on Todd Court. He said he felt the General Plan update was catering to developers and high-density housing.
Malcolm Ridings, Head of Outreach for Humboldt Equitable Student Housing Alliance and standing for the New Students for Democratic Society, said they supported the timeline for the Strategic Infill Redevelopment Program. He said they hoped there was more development of affordable student and Arcata resident housing.
Fred Weis spoke of problems and sloppiness in the process. He declared serial meetings were taking place. He said two Planning Commissioners were against the accelerated schedule and two weren't sure it could be accomplished.
Merle Krause said many places she had lived had grown and changed. She cautioned against installing high-density housing and recommended the City move slowly and carefully.
An unidentified member of the audience said slow and steady won the race and being deliberate in planning was a good idea. He recommended extending the deadline so that students could be included in the discussions.
April 5, 2023
-8-
Joanne McGarry recommended considering the past General Plan Update and the involvement of the citizenry. She said the Council was now being asked to rubber stamp and streamline what was being proposed by staff and the consultants. She agreed that summertime was not the time for a lot of these decisions.
Kent Sawatzky recommended the General Plan Update and Gateway Area Plan be bifurcated. He said there was a public perception there was a conflict. He recommended the process be slowed.
Colin Fiske declared the project was not being rushed because it had been an extended process. He said dragging the process out any further would not accomplish any improvement in the outcome.
Lisa Brown said rezoning cherished neighborhoods and agricultural lands to high-density residential went against all policies in the General Plan: 2020. She asked the Council to allow this update all the time necessary to be carefully reviewed and not adopt this accelerated process.
Jane Woodward said she didn't see discussion of sea level rise planned. She said it was not Arcata's need to change the character of the entire City to accommodate additional growth, especially that pushed by Cal Poly Humboldt. She asked the Council to consider and address residents' values and what they were looking for.
An unidentified member of the audience said he felt it wasn't fair to characterize the plan as accelerated. He said the housing and transportation crises were real. The approval of this process would allow the Planning Commission and City Council to do their jobs.
Mayor Schaefer closed the public comment period.
The Council members expressed their views regarding the timeline and the General Plan Update.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY STILLMAN, AND WITH A
THREE-TO-ONE VOICE VOTE WITH ONE ABSENCE, THE COUNCIL UPHELD THE TIMELINE SET BY IT AT ITS MARCH 1, 2023, MEETING. AYES: SCHAEFER, ATKINS-SALAZAR, STILLMAN. NOES: WHITE. ABSENT: MATTHEWS.
ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Schaefer invited public comment.
Fred Weis said the Gateway Area Plan would not result in affordable housing as some thought it might. He spoke in favor of an L Street linear park and homeownership opportunities. He said the City still needed to be thoughtful, intentional, and not reckless.
Gerardo Hernandez expressed his gratitude for the City removing the homeless encampment that was at the Intermodal Transit Center. He said he always envisioned an Arcata where residents could get safe and affordable housing. He asked the Council to please continue to include Cal Poly Humboldt students when talking about housing.
April 5, 2023
-9-
Joanne McGarry expressed her concern that the legal pleading filed asking for a ruling regarding Measure M had not been reviewed by the Council beforehand.
Glen Colwell encouraged the Council to obtain more community feedback before increasing density in six Arcata neighborhoods.
Kent Sawatzky commended Councilmember White on her recent work.
Anthony Deluca said there was some disagreement about density in Arcata and it was worth finding a solution. He said now was the time to incentivize businesses to do better and come together as a community. He recommended Arcata not have any more drive-through restaurants.
Jane Woodward recommended the Council explain to the Planning Commissioners that the Council did not have unreasonable expectations for meeting the July deadline if the Planning Commission was unable to and that the Council could move the deadline if it needed to.
Mayor Schaefer closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
City Manager Diemer reported on meetings with City, Cal Poly Humboldt and Arcata Fire District staff regarding fire services and growth in the community.
Councilmember Atkins-Salazar reported on her attendance at a Cal YIMBY meeting where state policy to help increase home ownership opportunities was discussed. She reported on a walk-along she did with the Community Ambassadors. She also reported on a regional Cal Cities meeting recently held in Arcata.
Mayor Schaefer announced Redwood Coast Energy Authority's 20th Anniversary. She reported on a presentation from the California Fishermen's Resiliency Association, a meeting regarding offshore wind energy generation, and Equity Arcata's Home Away from Home event.
Councilmember White reported on her attendance at a meeting of the Redwood Region Economic Development Commission and Community United of North Arcata's participatory budget process.
Councilmember Stillman requested the Council interview a Planning Commission candidate at its April 19, 2023, meeting. She reported positive feedback regarding installation of the gate on South I Street, noting that members of the Friends of the Arcata Marsh had volunteered to open/close it.
Mayor Schaefer reminded everyone that PacOut Green Team would be holding a clean-up on South I Street on April 8, 2023.
Councilmember Stillman requested the Council receive a presentation on condominiums.
April 5, 2023
-10-
Councilmember White reminded everyone of Senator McGuire's press conference on Carlson Park scheduled for April 6, 2023, at 10:30 a.m., in the Council Chamber.
Mayor Schaefer reminded the Council she would not be in attendance at the April 19 regular meeting.
DATES OF FUTURE MEETINGS
A. Confirm the 2023/2024 Fiscal Year 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 A FISCAL YEAR 2023/2024 BUDGET STUDY SESSION ON TUESDAY, MAY 9, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBER.
ADJOURNMENT
The meeting was adjourned at 9:31 p.m.
Respectfully submitted,
Bridget Dory
City Clerk