CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER DECEMBER 06, 2023
1 SPECIAL MEETING
A special meeting of the City Council of the City of Arcata was held on the above date at 5:31 p.m. with Mayor Schaefer presiding. Notice of this meeting was posted on December 1, 2023.
PRESENT: Schaefer, Matthews, Atkins-Salazar, White. ABSENT: Stillman. STAFF PRESENT: City Manager Diemer, Director of Environmental Services Sinkhorn, Deputy Director of Environmental Services—Community Services Benvie.
PUBLIC COMMENT
There was no public comment received.
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8, Assessor's Parcel Nos. 501-042-024, -026, -028.
Agency Negotiator: Karen Diemer, City Manager. Negotiating Party: Gary Alto.
Under Negotiation: Terms.
The Council met in closed session in the City Manager's Conference Room.
CLOSED SESSION REPORTS
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8, Assessor's Parcel Nos. 501-042-024, -026, -028.
Agency Negotiator: Karen Diemer, City Manager. Negotiating Party: Gary Alto.
Under Negotiation: Terms.
The Council returned to the Council Chamber at 5:47 p.m.
RECESS: The Council recessed from 5:47 to 6:00 p.m.
Mayor Schaefer stated there was nothing to report out from the closed session.
ADJOURNMENT
The meeting was adjourned at 6:00 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 teleconference utilizing Zoom Video Communications and in person, with Mayor Schaefer presiding. Notice of this meeting was posted on December 1, 2023. PRESENT: Schaefer, Matthews, Atkins-Salazar, White. ABSENT: Stillman. STAFF PRESENT: City Manager Diemer, City Attorney White, City Attorney Goldstein, Finance Director Miller, Director of Community Development Loya, Director of Environmental Services December 6, 2023
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Sinkhorn, Deputy Director of Environmental Services—Community Services Benvie, Deputy Director Information Technology Savage, City Clerk Dory.
LAND ACKNOWLEDGMENT
Mayor Schaefer read a statement acknowledging that Arcata sat on ancestral Wiyot land.
FLAG SALUTE
Mayor Schaefer led the Pledge of Allegiance.
CEREMONIAL MATTERS
A. Proclamation in Recognition of Human Rights Awareness Month, December 2023.
Mayor Schaefer read the proclamation and presented it to Jim Glover, from the Humboldt County Human Rights Commission, who accepted the proclamation on behalf of all the residents in Humboldt County's communities.
EARLY ORAL COMMUNICATIONS
Mayor Schaefer invited public comment.
Joanne McGarry spoke about the importance and beauty of the United Nations' Universal Declaration on Human Rights.
Paul Pitino requested the Council reconsider adopting a simple resolution calling for a cease fire and an end to the killing in Israel and Gaza.
Linda Goff Evans, from the Women's International League for Peace and Freedom, thanked the Council for the proclamation on the United Nations' Universal Declaration of Human Rights.
Fred Weis addressed the General Plan 2045's vision statement and said it needed to include striving for housing.
Mayor Schaefer closed Early Oral Communications.
CONSENT CALENDAR
Mayor Schaefer removed item C from the Consent Calendar for further discussion.
Councilmember White removed item B from the Consent Calendar for further discussion.
Mayor Schaefer invited public comment.
Joanne McGarry requested item C be removed from the Consent Calendar.
Fred Weis requested item A be removed from the Consent Calendar.
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Mayor Schaefer closed the public comment period.
A. Item VIII-A was moved to Items Removed from Consent Calendar.
B. Item VIII-B was moved to Items Removed from Consent Calendar.
C. Item VIII-C was moved to Items Removed from Consent Calendar.
ITEMS REMOVED FROM CONSENT CALENDAR
A. Approve the Minutes of the City Council Meeting of November 15, 2023.
Mayor Schaefer invited public comment.
Fred Weis requested various terminology changes to the minutes of November 15, 2023, in New Business item C, and noted that speaker Greg King was not listed.
Mayor Schaefer closed the public comment period.
MATTHEWS MOVED TO APPROVE THE CITY COUNCIL MINUTES OF
NOVEMBER 15, 2023.
SCHAEFER AMENDED THE MOTION TO INCLUDE ANY PUBLIC SPEAKERS IN THE MINUTES WHO MAY HAVE BEEN LEFT OUT, INCLUDING GREG KING.
THE MOTION, AS AMENDED, WAS SECONDED BY ATKINS-SALAZAR.
THE AMENDED MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, WHITE.
NOES: NONE. ABSENT: STILLMAN. ABSTENTIONS: NONE.
B. Bi-Weekly Report on Disbursements.
Councilmember White said a constituent had asked her about the status of the public online access to the City's budget in real time.
Finance Director Miller it should be posted in the next day or two. She said individual transactions would not be available, but they should be available within the next year.
MATTHEWS MOVED AND WHITE SECONDED TO ACCEPT THE BI-WEEKLY REPORT ON DISBURSEMENTS.
Mayor Schaefer invited public comment.
Joanne McGarry said she appreciated Finance Director Miller's explanation.
Mayor Schaefer closed the public comment period.
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THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
C. Award a Contract in the Amount of $72,585.00 to GHD, Inc., to Provide Environmental and Monitoring Services for the Little Lake Industries (LLI) Site Cleanup Project; and Authorize the City Manager to Execute All Applicable Documents.
City Manager Diemer asked the Council to award the contract "in an amount up to $72,585." Mayor Schaefer invited public comment.
Joanne McGarry asked what the Little Lake property was being cleaned up for.
Mayor Schaefer closed the public comment period.
Mayor Schaefer explained that the property was a brownfield and the first step in being able to use it was to clean it up. She said the future use of the property had not yet been determined.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY MATTHEWS, AND WITH A
FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL AWARDED A CONTRACT IN AN AMOUNT UP TO $72,585.00 TO GHD, INC., TO PROVIDE
ENVIRONMENTAL AND MONITORING SERVICES FOR THE LITTLE LAKE INDUSTRIES (LLI) SITE CLEANUP PROJECT; AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, WHITE. NOES: NONE. ABSENT: STILLMAN.
ABSTENTIONS: NONE.
NEW BUSINESS
A. Request for City Funding for Arcata 2024 Community Emergency Response Team (CERT) Basic Training.
Finance Director Miller said that Arcata's Community Emergency Response Team (CERT) had requested funding to provide a 23-hour CERT training for up to 30 participants, with priority for Arcata residents. She recommended the Council provide the $3,000 requested by Arcata's CERT utilizing the $15,000 the Council allocated specifically for community support in the 2023/2024 fiscal year budget.
Mayor Schaefer invited public comment.
Daryl Chinn said the CERT training was designed under the philosophy that professional first responders would not be sufficient to handle all the emergencies in a natural disaster. He said Arcata's team currently had only 11 members and that was why they were wanting to train an additional 30 residents.
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Joanne McGarry said she looked forward to the opportunity to take the training. She asked if it was available in Spanish. She also suggested the CERT volunteers could staff severe weather shelters.
Lynn Sturgis said the CERT team was looking for a Spanish speaker to start teaching Listo classes and that printed materials were available in both Spanish and Hmong. She said the team had been invited to help staff warming centers in Eureka.
An unidentified caller said the YouTube feed was not working.
Mayor Schaefer closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY MATTHEWS, AND WITH A FOUR-TO-ZERO VOICE VOTE, THE COUNCIL ALLOCATED $3,000 TO ARCATA'S CERT TEAM TO PROVIDE A 23-HOUR BASIC CERT COURSE FOR THE ARCATA COMMUNITY. AYES: SCHAEFER, MATTHEWS, ATKINS-SALAZAR, WHITE.
NOES: NONE. ABSENT: STILLMAN. ABSTENTIONS: NONE.
B. Receive an Update on the Regional Climate Action Plan (CAP) and Support the County of Humboldt’s Revised Proposal for Completion of the CAP.
Deputy Director of Environmental Services—Community Services Benvie gave an update on the work that had been done in the last one-and-one-half years toward adoption of a regional Climate Action Plan.
Mayor Schaefer invited public comment.
Joanne McGarry encouraged the City to swap out gas-powered landscaping tools with manual tools, such as using manual mowers for small lawns.
Fred Weis noted there was no mention of the Scotia biomass plant in the Climate Action Plan.
He suggested the City apply pressure to Redwood Coast Energy Authority to remove that plant from its sources of electricity.
Antoinette Siguenza, Local Government and Community Liaison from the California Public Utilities Commission—External Affairs, said the CPUC was committed to safe, clean, and affordable utility infrastructure and worked to make policies that supported California's climate action goals. She invited the Council to a meet-and-greet to discuss these topics.
Mayor Schaefer closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY MATTHEWS, AND WITH A
FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL
SUPPORTED THE COUNTY OF HUMBOLDT'S REVISED PROPOSAL FOR COMPLETION OF THE CLIMATE ACTION PLAN. AYES: SCHAEFER,
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MATTHEWS, ATKINS-SALAZAR, WHITE. NOES: NONE. ABSENT: STILLMAN.
ABSTENTIONS: NONE.
RECESS: The Council recessed from 7:12 to 7:15 p.m.
C. Potential Tax Measure for November 2024.
Finance Director Miller said staff was proposing to put a tax measure on the November 2024 ballot. She noted it was a challenging time to look to the community for funding, so the funding needed to meet their needs and not their wants. She asked the Council to keep the following in mind as it considered a tax measure: The Council had established priority projects for a homelessness strategic plan, as well as climate mitigation and adaptation; the Transactions and Use Tax (Measure G) needed renewal prior to 2028; and staff was considering an increase in the stormwater utility tax rate and might issue a mail-in ballot in 2025 to property owners only. She listed existing programs that did not have ongoing funding: 1) Community Ambassadors program; 2) Juvenile Diversion counselors; 3) Mobile Intervention Services Team and street outreach; 4) Extreme weather shelter; 5) Valley West community center programs; and 6) Climate Action Plan for implementation. She spoke about the four taxes the City currently had in place: 1) Transactions and Use Tax (TUT)(0.75 percent); 2) Transient Occupancy Tax (TOT) (10 percent + 2 percent Business Improvement District); 3) Utility Users Tax (UUT) (3 percent); and 4) Parcel tax for parks/open space ($37/parcel). She went on to say the TUT could only be increased by .75 percent, but it would bring in the most revenue. She said a 2 percent increase to the TOT would be consistent with other communities in California. She said Arcata had a low rate for its UUT with the state average being 5 percent. She noted that an increase in the TOT would be paid by travelers, so it would have the least impact on residents, however an increase in the UUT would have the biggest impact on residents and businesses.
Director Miller spoke to the limited time available to make this decision, suggested the use of a polling consultant, and stressed the importance of education on the issue. She said staff was proposing the Council: 1) Plan to renew the TUT at the November 2026 election; 2) Direct staff to evaluate a 2 percent TOT to fund a homelessness reduction strategy; 3) Consider having the Energy Committee make a recommendation on a climate change mitigation/adaptation funding measure; 4) Direct staff to research polling consulting services and develop a Request for Proposals; and 5) Consider education, outreach and other public forums on possible revenue measures and new programs.
Mayor Schaefer invited public comment.
Joanne McGarry asked what the possibility was to have a parcel tax that was higher on larger parcels.
Fred Weis supported increasing the Transient Occupancy Tax, did not recommend hiring a polling consultant, and voiced strong opposition to increasing the Transactions and Use Tax. He noted that some universities made payments to the cities where they were located to help offset their impact on the city. He also said he would pledge to pay an extra $500 on his property taxes and felt others would also.
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Mayor Schaefer closed the public comment period.
Councilmember Atkins-Salazar said no to a parcel tax or an increase in the UUT. She said increasing the TOT would be the easiest, but was leaning toward increasing the TUT. She strongly supported hiring a polling consultant. She suggested waiting until 2026 to renew the TUT.
Councilmember Matthews said she was opposed to additional UUT tax. She agreed with hiring a polling consultant.
Mayor Schaefer said no to increasing the UUT, and said she was supportive of increasing the TOT. She said she would agree to a tax increase in both 2024 and 2026. She agreed with increasing the TUT and with hiring a polling consultant.
Councilmember White at first said she was averse to hiring a polling consultant, but then changed her mind and agreed with hiring one. She said no to increasing the parcel tax or the UUT. She supported increasing the TOT and the TUT.
D. Introduce Ordinance No. 1565, Amending Title VII, Chapter 2, of the Arcata Municipal Code Pertaining to the Use of Public Sewers and Pretreatment of Wastewater, Waive Reading of the Text and Consent to Read by Title Only; and Adopt an Enforcement Response Plan for the Sewer Chapter of the Arcata Municipal Code.
Director of Environmental Services Sinkhorn recommended the Council introduce Ordinance No. 1565 to make small updates to the sewer chapter of the Arcata Municipal Code, and adopt an Enforcement Response Plan which laid out how the City identified, documented and responded to violations of the sewer code. She said the code provisions made sure the wastewater treatment facility could adequately treat what came into it. She explained that the two changes to the sewer code were in the pre-treatment program for denying or approving new contaminants into the system, and adding that an industrial user that had an onsite treatment system had to notify the City if they suffered a bypass. She said these two small changes would bring the City up to date with federal requirements.
Mayor Schaefer invited public comment. There was none. Mayor Schaefer closed the public comment period.
ON MOTION BY MATTHEWS, SECONDED BY WHITE, AND WITH A FOUR-TOZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL INTRODUCED ORDINANCE NO. 1565, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA ADDING SECTIONS 7472.5(F) AND 7492.6, BYPASS, TO CHAPTER 2, SEWERS, OF TITLE VII, PUBLIC WORKS, OF THE ARCATA MUNICIPAL CODE; WAIVED READING OF THE TEXT AND CONSENTED TO READ BY TITLE ONLY;
AND ADOPTED AN ENFORCEMENT RESPONSE PLAN FOR THE SEWER
CHAPTER OF THE ARCATA MUNICIPAL CODE. AYES: SCHAEFER,
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MATTHEWS, ATKINS-SALAZAR, WHITE. NOES: NONE. ABSENT: STILLMAN.
ABSTENTIONS: NONE.
E. Receive a Presentation on the Ralph M. Brown Act.
City Attorney Goldstein presented a comprehensive overview of the Ralph M. Brown Act which she said was intended to prevent decisions being made in secret. She also clarified the amendments to the Brown Act made by Assembly Bill 992, relating to social media, stating that it was best practice that Councilmembers not be friends online in order to prevent accidental serial meetings. She also described changes to the Brown Act made by Assembly Bill 2449, relating to teleconferencing, which provisions would sunset in 2026. When explaining penalties for violations of the Brown Act, she said they included a requirement for an opportunity to cure the violation, invalidation of an action, civil action and remedy, misdemeanor criminal charges, costs and attorneys' fees, and damage to the City's reputation and public perceptions. Ms.
Goldstein's tips to avoid violating the Brown Act included: Avoid discussing City business when there are three members present; beware of reaching a quorum through intermediaries; be careful with "reply all" emails; describe agenda items in complete sentences and avoid acronyms; keep meeting discussions to items on the agenda; provide meeting materials to the public in advance; and when in doubt—contact staff.
Councilmember White left the Chamber at 8:31 p.m., and returned at 8:35 p.m.
Mayor Schaefer invited public comment.
Joanne McGarry spoke about the events of the night of December 7, 2022, when the City Council meeting had to be adjourned due to lack of a quorum, but members of the public who were present stayed and spoke with the two Councilmembers who were present. She complained that because it was not a "meeting," the importance of what the public wanted to say was not captured.
Fred Weis expressed that he felt during the Gateway Area Plan review process, there had been hundreds of small violations of the Brown Act by Arcata. He said the Director of Community Development lied. He said that a comment period less than three minutes had been ruled as possibly unconstitutional.
Mayor Schaefer closed the public comment period.
F. Consider Amendments to the City Council Protocol Manual.
City Attorney White gave an overview of the Council's Protocol Manual and provided suggestions for possible changes.
Councilmember Atkins-Salazar exited the Chamber at 9:24 p.m. and returned at 9:25 p.m.
City Attorney White said areas that could use tightening up or clarification included: Placing items on the agenda, designated waiting area for speakers, ceding of time to other speakers, speaking multiple times during non-agenda comment periods, submitting written December 6, 2023
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communications for inclusion on the agenda, the public's removal of items from the Consent Calendar, agenda and staff report format, general agenda changes, and committee and commission appointment rules, civility protocols, signs and materials at meetings, staff and Councilmember political paraphernalia, application of protocols to committees and commission, and speaking on behalf of the City as a City official.
Mayor Schaefer invited public comment.
Joanne McGarry asked to see the City's list of annual proclamations. Regarding the Consent Calendar, she questioned why items involving large amounts of money were on the Calendar.
She said civility was vitally important. She suggested staff reports be at the beginning of the agenda.
Fred Weis said that areas for examination were much larger than could be discussed in that meeting. He said it was valid to extend the Protocol Manual to all the committees.
Roy Gomez, candidate for Humboldt County Third District Supervisor, said transparency in government was very important. He appreciated Arcata's support of public comment and freedom of speech. He said he attended the November 28, 2023, study session by Zoom and felt left out during the breakout sessions since those on Zoom weren't able to participate.
Mayor Schaefer closed the public comment period.
Councilmember Atkins-Salazar asked that the Council revisit the broadcasting of study sessions and recommended they not be broadcast. She asked for an entry in the Protocol Manual regarding civility of Councilmembers and possible repercussions.
Mayor Schaefer recommended discussing the Mayor and Vice Mayor rotational schedule.
BY GENERAL CONSENSUS, THE COUNCIL DIRECTED STAFF TO BRING BACK
SUGGESTIONS FOR CHANGES TO ALL THE ITEMS SUGGESTED BY THE
ATTORNEYS AS WELL AS THOSE THREE ITEMS BROUGHT UP BY MAYOR SCHAEFER AND COUNCILMEMBER ATKINS-SALAZAR.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Schaefer invited public comment.
Joanne McGarry said she thought Arcata could do more to exhibit that it was a peace-loving town that believed in justice, non-violence, equity, inclusion, diversity, etc. She said Arcata was not doing enough, fast enough for the unhoused and asked for a task force.
Fred Weis said, in regard to inclusionary zoning in the Gateway Area, Arcata should follow its Housing Element or not. He referenced a California Supreme Court ruling that said colleges must pay the community wherein they were located for increased traffic, etc. He asked the Council to please be fair to the public when setting its protocols.
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Mayor Schaefer closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
Councilmember White reported on her attendance at a meeting of the Board of Directors of the Redwood Region Economic Development Commission. She asked the Council to consider inviting Elizabeth Conner to give a presentation on housing trusts.
Mayor Schaefer reported that she and Councilmember Matthews toured the Humboldt Sawmill Company's biomass plant. She said she would be attending a Cal Poly Humboldt/City Liaison meeting on December 8, 2023.
Councilmember Matthews reported that Communidad Unida del Norte de Arcata had received a $10,000 grant from Pacific Gas & Electric Company for outreach. She announced a Menorah lighting on the Plaza on December 7, 2023.
Councilmember Atkins-Salazar reported on a visit from Santa in Valley West. She announced the Chamber mixer at Redwood Capital Bank on December 7; Arts Arcata and Season of Wonder and Light kickoff on December 8; and a visit from Santa to the Creamery District on December 15, 2023. She said she would be attending a California Association of Councils of Governments (CALCOG) meeting in Riverside the next day.
DATES OF FUTURE MEETINGS
A. Schedule the Meeting to Elect a Mayor and Vice Mayor for 4:00 p.m. onThursday, December 14, 2023, in the Council Chamber.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD ITS
ANNUAL MEETING TO ELECT A MAYOR AND VICE MAYOR ON THURSDAY, DECEMBER 14, 2023, AT 4:00 P.M., IN THE COUNCIL CHAMBER.
ADJOURNMENT
The meeting was adjourned at 10:41 p.m.
Respectfully submitted,
Bridget Dory
City Clerk