CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER SEPTEMBER 06, 2023
1 SPECIAL MEETING
A special meeting of the City Council of the City of Arcata was held on the above date at 5:30 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 September 1, 2023. PRESENT: Schaefer, Matthews, Atkins-Salazar, Stillman, White. ABSENT: None.
STAFF PRESENT: City Manager Diemer, City Engineer Khatri, IT and Digital Media Specialist Carillo, City Clerk Dory.
PUBLIC COMMENT
There was no public comment.
COMMITTEE INTERVIEWS
A. Interview One Candidate for a Vacancy on the Energy Committee for a Term Expiring September 30, 2026, and One Candidate for a Vacancy on the Transportation Safety Committee for a Term Expiring March 31, 2026.
The City Council interviewed Patrick Buckwalter for a seat on the Energy Committee for a term expiring September 30, 2026, and Peggy Martinez for a seat on the Transportation Safety Committee for a term expiring March 31, 2026.
ADJOURNMENT
The meeting was adjourned at 5:55 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. with as a hybrid meeting, via teleconference utilizing Zoom Video Communications and in person, with Mayor Schaefer presiding. Notice of this meeting was posted on September 1, 2023. PRESENT: Schaefer, Matthews, Atkins-Salazar, Stillman, White. ABSENT: None.
STAFF PRESENT: City Manager Diemer, City Attorney Diamond, City Attorney Goldstein, City Engineer Khatri, Director of Community Development Loya, Director of Environmental Services Sinkhorn, Deputy Director of Environmental Services--Community Services Benvie, IT and Digital Media Specialist Carillo, City Clerk Dory.
LAND ACKNOWLEDGMENT
Vice Mayor Matthews read a statement acknowledging that Arcata (Goudi'ni) sat on ancestral Wiyot land.
FLAG SALUTE
Mayor Schaefer led the Pledge of Allegiance.
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CEREMONIAL MATTERS
A. Proclamation Recognizing September 21, 2023, as the International Day of Peace.
Councilmember Stillman read the proclamation.
B. Proclamation in Recognition of International Walk to School Day, October 4, 2023.
Mayor Schaefer read the proclamation and presented it to Carrie Hurst, appearing via Zoom, who accepted the proclamation on behalf of Arcata Elementary School District.
C. Proclamation in Recognition of Coastal Cleanup Month, September 2023.
Councilmember White read the proclamation and presented it to Sable Odry, Program Coordinator for the Northcoast Environmental Center, who invited everyone to participate in the local Coastal Cleanup.
D. Proclamation Recognizing September 2023 as Community Pride and Peace Month.
Councilmember Atkins-Salazar read the proclamation and a little later in the meeting presented it to Ken Hamik who thanked the Council and gave a status update as to the group's activities.
E. Proclamation in Recognition of Queer Community and Culture Awareness Month, September 2023.
Councilmember Matthews read the proclamation and presented it to Æpril Niclai who invited everyone to the Pride event on September 28 2023.
REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Transportation Safety Committee.
Dave Ryan, Chairperson of the Transportation Safety Committee, presented an oral version of the Committee's annual report.
EARLY ORAL COMMUNICATIONS
Mayor Schaefer invited public comment.
Fred Weis thanked the Council for helping to establish a linear park on L Street.
James Becker thanked the Council for removing the K/L Street couplet from the Gateway Area Plan. He also asked that policy GA7-I be removed from the Plan, and that the Council consider policies GA9-P & Q.
Stephanie Hardin urged removal of the judgment of houseless people.
Joanne McGarry thanked the Council for its decision on the K/L Street couplet. She suggested a task force be formed to prepare plans for the vulnerable population in the winter..
Patricia Cambianica thanked the Council for eliminating the K/L Street couplet from the Gateway Area Plan.
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Lisa Pelletier thanked the Council for its decision on the K/L Street couplet. She asked that a public forum be held regarding the Gateway Area Plan and General Plan.
Mayor Schaefer closed the public comment period.
CONSENT CALENDAR
Councilmember Stillman removed item C from the Consent Calendar for further discussion, and Councilmember White removed item K.
Mayor Schaefer invited public comment.
Joanne McGarry removed item J 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 SEPTEMBER 6, 2023, WITH THE EXCEPTION OF THE FOLLOWING ITEMS:
C. APPROVE A TRANSITIONAL CONTRACT FOR LEGAL SERVICES WITH CITY ATTORNEY DIAMOND; J. ADOPT RESOLUTION NO. 234-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA RESCINDING RESOLUTION NO. 201-10 AND AUTHORIZING AND APPROVING THE ARCATA & MAD RIVER
TRANSIT SYSTEM'S TITLE VI PLAN PURSUANT TO THE CIVIL RIGHTS ACT OF 1964; AND K. ADOPT RESOLUTION NO. 234-05, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCATA AUTHORIZING THE ADOPTION OF
COMMUNITY DEVELOPMENT BLOCK GRANT BUSINESS ASSISTANCE LOAN
PROGRAM AND MICROENTERPRISE FINANCIAL ASSISTANCE PROGRAM GUIDELINES. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of August 16, 2023.
B. Bi-Weekly Report on Disbursements.
C. Item VIII-C was moved to Items Removed from Consent Calendar.
D. Declare a Vacancy on the Historic Landmarks Committee and Reappoint Jill Macdonald for a Term Expiring on September 30, 2025.
E. Approve the Project Plans and Award a Construction Contract for the Carlson Park Improvements Project to Hooven & Co., Inc., in the Amount of $1,457,035; Authorize the City Engineer to Increase the Contract Amount by up to $291,407, (20 Percent, for a Total Amount Not to Exceed $1,748,442) to Allow for Any Unforeseen Contingencies; and Authorize the City Manager to Execute All Applicable Documents.
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F. Approve the Design and Award a Construction Contract for the 8th and 9th Streets Improvements Project to R.A.O. Construction Co., Inc., in the Amount of $801,070.00 ; Authorize the City Engineer to Approve Change Orders and Increase the Contract Amount by up to $80,107.00 (10 Percent of the Total Bid, for a Total Not to Exceed $881,177.00) to Allow for Any Unforeseen Contingencies and Additional Work as Necessary; and Authorize the City Manager to Execute All Applicable Documents.
G. Approve the Design and Award a Construction Contract for the Terrace Avenue Improvement Project to Hooven & Co, Inc., in the Amount of $119,324.00; Authorize the City Engineer to Approve Change Orders and Increase the Contract Amount by up to $5,667.89 (4.75 Percent of the total bid, for a Total Not to Exceed $124,991.89) to Allow for Any Unforeseen Contingencies and Additional Work as Necessary; and Authorize the City Manager to Execute All Applicable Documents.
H. Approve the Purchase of Two Ford F250 Pickup Trucks ($121,592.66, Including Tax and Freight) and Award Purchase Contract to Harper Motors; and Authorize the City Manager to Execute All Applicable Documents.
I. Approve an Amendment to the Construction Contract for the Corporation Yard Buildings Siding Replacement Project with Kyle Boughton DBA North Star Development Which Increases the Amount by $20,483.80, for a Total Amount Not to Exceed $87,385.15; and Authorize the City Manager to Execute All Applicable Documents.
J. Item VIII-J was moved to Items Removed from Consent Calendar.
K. Item VIII-K was moved to Items Removed from Consent Calendar.
ITEMS REMOVED FROM CONSENT CALENDAR
C. Approve a Transitional Contract For Legal Services with City Attorney Nancy Diamond.
On behalf of the City Council, Councilmember Stillman thanked City Attorney Diamond for her many years of work, 2001 to 2023, and presented her with a key to the City.
STILLMAN MOVED AND MATTHEWS SECONDED TO APPROVE THE
TRANSITIONAL CONTRACT FOR LEGAL SERVICES WITH CITY ATTORNEY NANCY DIAMOND.
Mayor Schaefer invited public comment. No one came forward to speak. 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.
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J. Adopt Resolution No. 234-06, A Resolution of the City Council of the City of Arcata Rescinding Resolution No. 201-10 and Authorizing and Approving the Arcata & Mad River Transit System's Title VI Plan Pursuant to the Civil Rights Act of 1964.
Mayor Schaefer invited public comment.
Joanne McGarry asked for an explanation of this item.
Mayor Schaefer closed the public comment period.
City Engineer Khatri said that adoption of the Title VI Plan assured that the City, as a transit operator, was not discriminating against anyone. He said that Title VI Plans must be adopted pursuant to the Civil Rights Act of 1964.
ON MOTION BY STILLMAN, SECONDED BY WHITE, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 234-06, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA RESCINDING RESOLUTION NO. 201-10 AND AUTHORIZING AND APPROVING THE ARCATA &
MAD RIVER TRANSIT SYSTEM'S TITLE VI PLAN PURSUANT TO THE CIVIL RIGHTS ACT OF 1964. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
K. Adopt Resolution No. 234-05, a Resolution of the City Council of the City of Arcata Authorizing the Adoption of Community Development Block Grant Business Assistance Loan Program and Microenterprise Financial Assistance Program Guidelines.
On inquiry by Councilmember White, Director Loya confirmed that there was some tracking involved in this program and that staff also collected anecdotal stories of how businesses used the funds.
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 ADOPTED RESOLUTION NO. 234-05, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA AUTHORIZING
THE ADOPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT BUSINESS
ASSISTANCE LOAN PROGRAM AND MICROENTERPRISE FINANCIAL
ASSISTANCE PROGRAM GUIDELINES. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
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OLD BUSINESS
A. Approve the Design and Award a Construction Contract for the Old Arcata Road Improvements Project to GR Sundberg, Inc., in the Amount of $5,996,109.00; Authorize the City Engineer to Approve Change Orders and Increase the Contract Amount by up to $179,883.27 (3 Percent of the total bid, for a Total Not to Exceed $6,175,992.27) to Allow for Any Unforeseen Contingencies and Additional Work as Necessary; and Authorize the City Manager to Execute All Applicable Documents.
City Engineer Khatri reported that the City began working on this project in 2016 and now had finalized plans and was able to bid the project. He explained that staff had estimated the project at $4.5 million and the bid came in at $5.9 million. He said staff was recommending awarding the bid at $5.9 million and staff was proposing to use some fiscal year 2024/2025 funds to meet the higher cost. He affirmed that the project complied with the City's adopted Complete Streets Policy.
Mayor Schaefer invited public comment. None was received. Mayor Schaefer closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL APPROVED THE DESIGN AND
AWARDED A CONSTRUCTION CONTRACT FOR THE OLD ARCATA ROAD IMPROVEMENTS PROJECT TO GR SUNDBERG, INC., IN THE AMOUNT OF $4,996,109.00; AUTHORIZED THE CITY ENGINEER TO APPROVE CHANGE ORDERS AND INCREASE THE CONTRACT AMOUNT BY UP TO $179,883.27 (3 PERCENT OF THE TOTAL BID, FOR A TOTAL NOT TO EXCEED $6,175,992.27) TO
ALLOW FOR ANY UNFORESEEN CONTINGENCIES AND ADDITIONAL WORK AS NECESSARY; AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: SCHAEFER, MATTHEWS, ATKINSSALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS:
NONE.
NEW BUSINESS
A. Appoint One New Member to the Energy Committee for a Term Expiring September 30, 2026, and One New Member to the Transportation Safety Committee for a Term Expiring March 31, 2026.
MATTHEWS MOVED AND WHITE SECONDED TO APPOINT PATRICK
BUCKWALTER TO THE ENERGY COMMITTEE FOR A TERM EXPIRING
SEPTEMBER 30, 2026, AND PEGGY MARTINEZ TO THE TRANSPORTATION SAFETY COMMITTEE FOR A TERM EXPIRING MARCH 31, 2026.
Mayor Schaefer invited public comment. None was received. Mayor Schaefer closed the public comment period.
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THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
B. Discuss and Consider Approval of an Agreement for City Attorney Legal Services with White Brenner LLP.
City Manager Diemer reminded the Council that its long-term City Attorney was retiring from the City. She said a Request for Proposals was issued in April to which the City received five responses. She said four firms were interviewed after which the Council appointed a subcommittee to conduct further interviews of the top two firms. She said the subcommittee also conducted reference and background checks. The firm of White Brenner LLP was the top choice with the primary attorney of Douglas White and deputy attorney Nubia Goldstein. She noted the firm had 19 attorneys and specialized in representing local governments.
Mayor Schaefer noted that the firm's first task would be to conduct a comprehensive legal audit of Arcata which would include looking at Council conflicts of interest and a review of the Municipal Code.
Mayor Schaefer invited public comment.
Joanne McGarry expressed her concern that the new attorneys understood Arcata was a special place and that it got the attention it deserved.
Mayor Schaefer closed the public comment period.
Nubia Goldstein said it was clear that Arcata was a unique and dynamic community and the firm of White Brenner was honored to have an opportunity to work with the City.
Doug White thanked the Council for the opportunity to work with Arcata. He said the firm found Arcata attractive because of the ethos it had and the issues it addressed.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY STILLMAN, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL APPROVED THE AGREEMENT FOR
CITY ATTORNEY LEGAL SERVICES BETWEEN THE CITY AND WHITE
BRENNER LLP, AS PROPOSED IN THE AGREEMENT, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT. AYES: SCHAEFER,
MATTHEWS, ATKINS-SALAZAR, STILLMAN, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Schaefer invited public comment.
Joanne McGarry encouraged the City to increase public restrooms for the homeless. She announced she would be providing her reusable dishes for people to use at the North Country Fair which would help to keep the trash cans emptier.
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Jesus Mendosa spoke in favor of proposed plans.
Mayor Schaefer closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
City Manager Diemer reported the City received a grant from Caltrans for planning for bicycle and pedestrian connectivity over the Samoa bridge at U.S. 101. She said it also received a grant from the Humboldt County Association of Governments for Safe Routes to School planning around Fuente Nueva Charter School.
Councilmember Atkins-Salazar announced the Chamber Mixer on September 7, 2023, at Umpqua Bank. She said the Chamber would be representing Arcata on a panel at Cannifest discussing tourism. She said the Dan Burden videos were currently up on the HCOAG website.
She said the last Summer Concert Series event on the Plaza would be Sunday, September 10, 2023. She reported that she and Councilmember Stillman attended the annual Labor Day Picnic, and participated in the Pac-Out Green Team cleanup at Carlson Park on September 2, 2023. She reported that she and Councilmembers Matthews and White, and City Manager Diemer, attended the CalCities Division meeting in Fortuna, and she was elected 2nd Vice President of the Redwood Empire Division of CalCities.
Councilmember White announced there were volunteer opportunities available at Cannifest. She reported on her attendance at a meeting of the Board of Directors of the Redwood Region Economic Development Commission. She said Communidad Unida del Norte de Arcata had a participatory budget process brainstorm session at West Village Studios, had a successful cleanthe-sidewalk event, and a community barbecue in Valley West.
Mayor Schaefer reported on her attendance at the barbecue in Valley West and the I Block Party.
Councilmember Matthews reported on her attendance at the Summer Concert Series on the Plaza, the barbecue in Valley West, and the I Street Block Party. She announced the Northcoast Growers Association would be hosting a dinner on September 10, 2023, and said the North Country Fair was coming up.
On inquiry by Councilmember Matthews, City Manager Diemer reported that Police Chief Ahearn would be retiring in October. She reported on the status of staffing in the Police Department saying an officer who had left, returned, there were four lateral transfers, and there were currently four candidates in the academy with three more starting in January.
Councilmember Stillman mentioned a talk Supervisor Madrone gave on the Great Redwood Trail.
On inquiry by Councilmember Stillman, City Manager Diemer reported on the working group consisting of the Arcata Fire District, Cal Poly Humboldt, and City staff saying a Request for September 6, 2023
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Proposals would be released for a future capacity and long-range planning document for fire services in Arcata.
Councilmember Stillman reported the Humboldt Transit Authority wrote a letter of support for exploring capping U.S. 101 in Arcata from 14th Street to Sunset Avenue.
DATES OF FUTURE MEETINGS
A. Confirm Two Study Sessions with the Planning Commission on Tuesday, September 26, and Tuesday, October 24, 2023, at 6:00 p.m., in the Council Chamber.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD TWO
STUDY SESSIONS WITH THE PLANNING COMMISSION ON TUESDAY, SEPTEMBER 26, AND TUESDAY, OCTOBER 24, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBER.
ADJOURNMENT
The meeting was adjourned at 7:31 p.m.
Respectfully submitted,
Bridget Dory
City Clerk