CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER FEBRUARY 07, 2024
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 Matthews presiding. Notice of this meeting was posted on February 2, 2024.
PRESENT: Matthews, Stillman (arrived at 5:44 p.m.), Atkins-Salazar, Schaefer, White.
ABSENT: None. STAFF PRESENT: Assistant City Manager/Personnel Director Demello, Director of Environmental Services Sinkhorn, IT and Digital Media Specialist Carrillo, City Clerk Dory.
PUBLIC COMMENT
No public comment was given.
COMMITTEE INTERVIEWS
A. Interview Two Candidates for Two Vacancies on the Parks and Recreation Committee for Terms Expiring March 31, 2025, and 2026.
The City Council interviewed Stephanie Lane and Pedro Peloso for two seats on the Parks and Recreation Committee for terms expiring March 31, 2025 and 2026.
ADJOURNMENT
The meeting was adjourned at 5:47 p.m.
RECESS: The Council recessed from 5:47 to 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 Matthews presiding. Notice of this meeting was posted on February 2, 2024.
PRESENT: Matthews, Stillman, Atkins-Salazar, Schaefer, White. ABSENT: None. STAFF PRESENT: Assistant City Manager/Personnel Director Demello, Director of Community Development Loya, Director of Environmental Services Sinkhorn, City Engineer Khatri, Finance Director Miller, IT and Digital Media Specialist Carrillo, City Clerk Dory.
LAND ACKNOWLEDGMENT
Mayor Matthews read a statement acknowledging that Arcata sat on ancestral Wiyot land.
FLAG SALUTE
Members of Pack 95 and Troop 15 Color Guard, Boy Scouts of America, posted the colors and led the audience in the Pledge of Allegiance.
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CEREMONIAL MATTERS
A. Proclamation Recognizing February 4–10, 2024, as Scouting Anniversary Week.
Mayor Matthews read the proclamation and presented it to a member of Troop 15 who thanked the Council and said the local Scouts looked forward to another year of their service through Scouting.
EARLY ORAL COMMUNICATIONS
Mayor Matthews invited public comment.
The following speakers requested the Council adopt a resolution calling for a cease fire in Gaza:
Shannon Bettis, Dan Shahin, and Laura Phelan-Shahin.
The following speakers spoke against the City Council adopting a resolution calling for a cease fire in Gaza: Elizabeth, Susan Parsons, Kyra, and Lilach Assayag.
Roy Gomez spoke of the need for the community to come together and show each other respect.
Mayor Matthews closed Early Oral Communications.
CONSENT CALENDAR
Mayor Matthews invited public comment.
Joanne McGarry and Gregory Daggett requested item I be removed from the Consent Calendar for further discussion.
Mayor Matthews closed the public comment period.
STILLMAN MOVED AND SCHAEFER SECONDED TO ADOPT THE CONSENT CALENDAR FOR FEBRUARY 7, 2024, WITH THE EXCEPTION OF ITEM I. AWARD A CONTRACT IN AN AMOUNT NOT TO EXCEED $38,700, WITHOUT MUTUAL
WRITTEN AGREEMENT, TO FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES, INC., DBA FM3 RESEARCH, FOR PUBLIC OPINION RESEARCH ON POTENTIAL TAX MEASURE(S); AUTHORIZE THE FINANCE DIRECTOR TO INCREASE THE CONTRACT PRICE UP TO $22,500 FOR OPTIONAL ADDITIONAL RESEARCH SERVICES; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS.
Councilmember Stillman requested trees be planted by Jolly Giant Creek between H and I Streets on Samoa Boulevard and that plants be planted in the median where grass was currently growing.
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THE MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of January 17, 2024.
B. Bi-Weekly Report on Disbursements.
C. (1) Adopt Resolution No. 234-28, A Resolution of the City Council of the City of Arcata Amending the Class and Pay Resolution—Management, Mid-Management, Confidential & Appointed Employees [to add new Human
Resources/Administrative Services Director Position Title and Other Housekeeping Items]; and (2) Adopt Resolution No. 234-29, A Resolution of the City Council of the City of Arcata Establishing and Authorizing Supplemental Compensation and Benefits for Management and Confidential Employees [to Reflect Human Resources/Administrative Services Director Position Title and Other Housekeeping Items].
D. Ratify Employment Agreement with Keira Vink for the Position of Human Resources/Administrative Services Director for the Term February 20, 2024, through February 19, 2029.
E. (1) Approve a Change of Employees Serving as the City of Arcata's Representatives on the Board of Directors for the California Intergovernmental Risk Authority (CIRA) and for the Redwood Empire Municipal Insurance Fund (REMIF), to Tabatha Miller as Director, and to Danielle Allred as Alternate Director; and (2) Designate the City Manager to Approve Future Changes to CIRA and REMIF Appointments.
F. Approve an Amendment to Existing Grazing Lease with A.N. Hunt & Sons, Inc., Expanding the Leased Area to include Assessor's Parcel Nos. 501-042-024, -026 and -028; and Authorize the City Manager to Execute All Applicable Documents.
G. Approve a Three-Year Extension of the Garden Lease Agreement with Jacoby Creek School for a Portion of Assessor's Parcel No. 501-042-005; and Authorize the City Manager to Execute All Applicable Documents.
H. Award a Contract in the Amount of $394,981 to GHD, Inc., for Professional Services for Planning, Community Outreach and Preliminary Concept Design for the South Arcata Multimodal Safety Improvements Plan (SAMSIP) and South G and Samoa Beautification and Safety Improvement Project; Authorize the City Manager to Execute All Applicable Documents; and Authorize the City Engineer to Increase the Contract Amount up to an Additional $19,750 (for a Total of $414,731) to Address Any Unforeseen Contingencies.
I. Item VIII-I was moved to Items Removed from Consent Calendar.
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ITEMS REMOVED FROM CONSENT CALENDAR
I. Award a Contract in an Amount Not to Exceed $38,700, without Mutual Written Agreement, to Fairbank, Maslin, Maullin, Metz, & Associates, Inc., DBA FM3 Research for Public Opinion Research on Potential Tax Measure(s); Authorize the Finance Director to Increase the Contract Price Up to $22,500 for Optional Additional Research Services; and Authorize the City Manager to Execute All Applicable Documents.
Mayor Matthews invited public comment.
Joanne McGarry asked for visual access to the agenda and staff reports during the meetings.
Gregory Daggett spoke against spending this $60,000. He recommended the City live within its budget and not continue to look for more funding.
Fred Weis recommended the transient occupancy tax be increased, but not the sales tax.
Mayor Matthews closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY SCHAEFER, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL AWARDED A CONTRACT IN AN AMOUNT NOT TO EXCEED $38,700, WITHOUT MUTUAL WRITTEN AGREEMENT, TO FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES, INC., DBA FM3
RESEARCH, FOR PUBLIC OPINION RESEARCH ON POTENTIAL TAX
MEASURE(S); AUTHORIZED THE FINANCE DIRECTOR TO INCREASE THE CONTRACT PRICE UP TO $22,500 FOR OPTIONAL ADDITIONAL RESEARCH SERVICES; AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
OLD BUSINESS
A. Review Recommendations from the Energy and Forest Management Committees Pertaining to Humboldt County Coalition for Clean Energy's Request to Support Efforts to End Local Biomass Contracts, and Take Action as Appropriate.
Director of Environmental Services Sinkhorn recommended the Council receive the staff report and hear further from its Energy Committee and Forest Management Committee representatives.
She said this agenda item was a follow-up to the presentation from Dr. Wendy Ring in August 2023 on options for recommending the Redwood Coast Energy Authority's (RCEA) terminate its biomass contract with Humboldt Sawmill Company for energy. She said the Council had asked its Energy Committee and Forest Management Committee to review the draft resolution submitted by Dr. Ring. Director Sinkhorn gave a brief history of RCEA and the energy purchased from biomass power generation. She said the majority of the biomass feedstock came from the forest industry and its use could have implications on the City's management of its forests. She said that in 2018 about 25 percent of power for Humboldt County residents came from biomass. She stated that in 2021, the State of California began to require that renewable February 7, 2024
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energy come from long-term contracts. She said this caused RCEA to extend its contract with Humboldt Sawmill Company, but also the contract had a requirement to look at alternative uses for biomass feedstock. She said RCEA also formed a biomass technical advisory group to provide expertise and community conversation as to what could come next for local energy procurement.
Director Sinkhorn said that some of the biomass greenhouse gas accounting could seem carbon neutral because it was attributed to the forest industry. She said the Forest Management Committee (FMC) noted that catastrophic wildfires were occurring more frequently and when they occurred, they had an outsized impact of a large, one-time release of air pollution particulate matter compared to the controlled aspect of biomass generation at a plant. She said the FMC noted that biomass generation was a key component to insure the City could continue its forest restoration activities, and that it had implications for how the City managed its forests. She explained that the City's forest restoration activities included cutting trees and selling logs. She said there were residuals at the mill and there was a greenhouse gas emissions cost and a financial cost for dealing with those woody residuals. She said that having a biomass plant locally was an option for local sawmills that the City worked with. She reported that both City committees talked about having alternative uses and processes for biomass feedstock, which in the future could be gasification or larger scale composting facilities. She said the Forest Management Committee discussed having as many tools as possible to manage the City's forest.
She said the Energy Committee did not want to put RCEA at risk of not being in compliance with SB 350 by not having the long-term contracts in place. Director Sinkhorn said both committees and others had expressed an interest in working more closely with the North Coast Unified Air Quality Management District (NCUAQMD) to better understand the air quality reporting at the biomass plant, as well as gathering more exposure data within the community to understand potential human health impacts at that location.
Brian Wilson, Air Pollution Control Officer for NCUAQMD said the air quality district was in support of biomass as a plant, wanted it to run well, and wanted the district's permittees to be in compliance. In contrast to some commenting locally, he said the District did believe the Humboldt Sawmills biomass plant did have a valid Title 5 permit and he explained the permit renewal process and renewal period. He explained that the closest regulatory monitor to the Scotia biomass plant was at the Jacobs School campus in Eureka, but that there was also a monitor in the stack.
Richard Engel, Power Buyer for RCEA, explained that RCEA got three different products from the biomass plant: power, resource adequacy, and renewable energy certificates. He said the price of all three commodities had gone up dramatically and the current pricing from Humboldt Sawmill Company was a good bargain. He said that he believed that if RCEA did not buy energy from Humboldt Sawmill Company, it would find another buyer and would not shut down.
He explained how solar power did not match the energy use of RCEA's customers, and said that solar energy and storage was expensive. He said that at this time, biomass plants that could produce energy around the clock were an important part of RCEA's portfolio.
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Michael Winkler, Chair of Arcata's Energy Committee, said the Committee was in agreement not to support the proposed resolution because it would have a very negative financial impact on RCEA. He said the Committee's biggest concern was not wanting the Council to urge RCEA to cancel its contract. He said that biomass energy was attractive because it was carbon neutral short-term and long-term, fuel-based and could be run constantly to meet demand. He noted that wood-waste composting was not financially viable. He said the Committee felt it was a good idea to keep the power plant going until such time as it could be made more efficient.
Yana Valachovic, representing the Forest Management Committee, said the Committee held a robust discussion on the proposed resolution, and six of its seven members strongly opposed the resolution. She said the Committee and City had an obligation for stewardship of the City's forest lands. She said the resolution would be counter to the City's ability to manage its forest land. Sale of logs was part of the stewardship of those lands, and it was in Arcata's interest to make sure there was a viable system for processing saw logs and forest residuals. She said that from the big picture point of view, there was a need to keep that infrastructure in place.
Mayor Matthews invited public comment.
Fahreed Ahmed spoke against logging the forests stating it was detrimental to take trees out of their ecosystem.
Nancy Ihara spoke against biomass energy stating there were alternatives that were less harmful to the environment. She asked the Council to postpone a decision on the resolution until it received information from RCEA on how long it would take it to replace the biomass energy with clean energy.
Wendy Ring said there was a huge need to do something with the woody resource. She said the biomass plant was very old and the owners were not motivated to spend money to update the plant. She listed alternatives for dealing with the woody resource that were available now.
Gayle Kunan said it was not true that the biomass plant was producing clean energy and it needed to be shut down as soon as RCEA could find another source of clean energy to purchase.
Kristy Prescott, an employee of the Forest Service, said she was looking at how forest restoration byproducts and small trees could be best utilized as they could not just be left in the forest. She said viable options for a diverse portfolio for biomass utilization needed to be kept on the table.
She said the implications of closing the plant were broad.
Walt Paniak said he supported Dr. Ring's proposed resolution. He said data showed the Humboldt Sawmill Company plant's output was above the Air Quality Board District's high threshold for cancer-causing toxics. He submitted a report from the Air Resources Board on the Humboldt Sawmill Company.
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John Anderson, Director of Forest Policy for Humboldt Sawmill Company and Humboldt Redwood Company, said he was present to answer questions of the Council. He said the facility was in compliance with its permit. He welcomed the Council to tour the plant.
Dianne Ryerson urged the Council to look at alternatives to the proposed resolution. She spoke in favor of burning natural gas for energy and not continuing to purchase energy from the biomass plant because it was dirtier. She told the Council to find the courage to question the recommendations from its committees because biomass could not possibly be carbon neutral.
Gregory Daggett spoke to the lack of solutions for a local energy source. He said the housing stock needed to be made more energy efficient.
Joanne McGarry said she was in favor of conserving the forests and energy for future generations. She recommended insulating homes.
Brian Wilson, NCUAQMD, pointed out this biomass plant was different because it did not burn construction debris like others. He confirmed the owners had turned in their renewal of their Title 5 permit and were not in violation.
Anna said there were plenty of energy alternatives that were available and that burning methane was a good one.
Written communications were received from Northcoast Environmental Center, EPIC, and 350 Humboldt; Daniel Chandler, Ph.D.; Caroline Griffith; Patty Harvey; and Colin Fiske of the Coalition for Responsible Transportation Priorities;
Mayor Matthews closed the public comment period.
RECESS: The Council recessed from 7:56 to 8:05 p.m.
B. Consider Gateway Overlay Zone and Affordable Housing Policies in the General Plan Comprehensive Update.
Councilmembers Stillman and Atkins-Salazar recused themselves from the discussion and vote in regard to the Gateway Area. They left the Chamber at 8:05 p.m.
Director of Community Development Loya explained that the public comment period for the General Plan Environmental Impact Report (EIR) began January 31 and would run through March 18, 2024. He said the public could email him directly with their comments on the document. He announced the Planning Commission would hold its hearing on March 12, 2024, to take comments.
Director Loya spoke about the Gateway Area combining zones, also known as overlay zones, defining them and explaining how they worked.
Mayor Matthews invited public comment.
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Howdy Emmerson said he felt overlay zones would discourage individual home ownership.
Fahreed Ahmed spoke of how modern city environments were detrimental to the natural environment and had negative effects on the planetary biosphere. He said the Gateway Area district was harmful and recommended the land be given back to the Wiyot Tribe.
Gregory Daggett said the City failed to perform a noise study and was failing to enforce the laws of the State of California.
Fred Weis said he was not against overlay zones, but felt it had not been proven as the way to go.
He said it was marginally less efficient if the City did not have the overlay zone process.
Joanne McGarry said the height of developments in the future needed to be lower.
Mayor Matthews closed the public comment period.
Councilmembers Stillman and Atkins-Salazar returned to the Chamber at 9:05 p.m.
Director of Community Development Loya said the City could not regulate or require building for homeownership, and even in specifying single-family homes or condominiums, the City could not stop them from being rentals. He noted the City did have programs to assist people in purchasing homes.
Mayor Matthews invited public comment.
Fahreed Ahmed spoke about planting redwood trees in close proximity to each other to form the walls of high-rise buildings and said it should be taken into consideration.
Fred Weis said there could be stronger community benefits to incentivize building for homeownership. He said that affordable homeownership seemed unlikely to be regulated.
Gregory Daggett declared that successful homeownership required jobs, and there was currently no plan to provide jobs.
Shoshana said the City's First Time Homebuyer Program provided a way for homeownership that would not otherwise be possible.
Written communications were received from Fred Weis and Lisa Pelletier.
Mayor Matthews closed the public comment period.
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NEW BUSINESS
A. Appoint up to Two New Members to the Parks and Recreation Committee for Terms Expiring March 31, 2025, and 2026.
Mayor Matthews invited public comment. No one came forward to speak. Mayor Matthews closed the public comment period.
STILLMAN MOVED TO APPOINT STEPHANIE LANE AND PEDRO PELOSO TO THE PARKS AND RECREATION COMMITTEE.
SCHAEFER AMENDED THE MOTION TO APPOINT STEPHANIE LANE FOR A TERM EXPIRING MARCH 31, 2026, AND PEDRO PELOSO FOR A TERM EXPIRING MARCH 31, 2025.
WHITE SECONDED THE MOTION, AS AMENDED. THE AMENDED MOTION PASSED ON A UNANIMOUS VOICE VOTE. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
B. Introduce Ordinance No. 1567 to Make Minor and Non-Substantive Corrections, Updates, and Clarifications to the Arcata Municipal Code.
City Clerk Dory explained that periodically cities' municipal codes needed minor corrections of errors that accumulated over time. She said Ordinance No. 1567 would correct the Arcata Municipal Code to reflect new titles of employee positions, correct terminology errors, and renumber the electric vehicle charging station permit streamlining process section in Title VIII to Chapter 6.
Mayor Matthews invited public comment.
Joanne McGarry asked if the Arcata Municipal Code was available at the library.
Mayor Matthews closed the public comment period.
City Clerk Dory confirmed the Arcata Branch Library did have a copy of the Arcata Municipal Code.
ON MOTION BY WHITE, SECONDED BY STILLMAN, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL INTRODUCED ORDINANCE NO. 1567, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING
THE ARCATA MUNICIPAL CODE TO MAKE MINOR AND NON-SUBSTANTIVE CORRECTIONS, UPDATES, AND CLARIFICATIONS; WAIVED READING OF THE TEXT AND CONSENTED TO READ BY TITLE ONLY. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
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ORAL AND WRITTEN COMMUNICATIONS
Mayor Matthews invited public comment.
The following people spoke in favor of the Council adopting a proposed resolution calling for peace in Gaza: Howdy Emmerson, Jared, Paul Pitino, Dan Shahin, an unidentified member of the audience, Sam Neuwirth, Joanne McGarry, Christa Murphy, Shannon Townsend, and Ocean Song Edgar.
The following people spoke against the Council adopting a resolution calling for peace in Gaza:
An unidentified member of the audience, an unidentified member of the audience, Niti, an unidentified member of the audience, Simona, Gary Bloomfield, and Regina Frenkel.
Gregory Daggett complained that the City had done nothing about the loud cars racing through town, even though he had brought it to the City's attention for two years.
James Becker spoke against solar shading in the L Street corridor and asked the Council to engage community members to begin to envision the L Street Linear Park.
Jeff Harris read a history of the Middle East, specifically relative to Israel and Palestine.
An unidentified member of the audience spoke in favor of rent control to curb homelessness.
Rabbi Bob Rottenberg asked the Council that if it chose to adopt a resolution, it should think about the effect on the Jewish population of Arcata.
Fahreed Ahmed listed wrongs committed against him by local residents and the lack of response by governmental agencies. He called for a task force to address domestic terrorism.
Barbara Carnum asked that if the Council decided to adopt a resolution regarding the conflict in Gaza, that it take a comprehensive and broad look at it.
Fred Weis begged the Council to make the L Street linear park happen and protect it from tall buildings. He listed errors and omissions he found in the draft Environmental Impact Report for the General Plan Update.
Councilmember White exited the Council Chamber at 10:25 p.m. and returned at 10:28 p.m.
Mayor Matthews closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
A. Receive an Update from City Engineer Netra B. Khatri on the Local Road Safety Program.
City Engineer Khatri gave an update on the Local Road Safety Plan. He explained that it was a data-driven safety plan based on public input, collision data, and risk safety factors. He said the February 7, 2024
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draft Plan was almost finished and then it would go to Caltrans for approval. He noted that having a Local Road Safety Plan would make the City eligible for grant funding for which it currently was not eligible.
B. Other Council and Staff Reports.
Councilmember Schaefer reported on her attendance at a meeting of the Board of Directors of the Redwood Coast Energy Authority. She offered to work on a resolution in support of a cease fire that any other Councilmember might want to work on.
Councilmember Atkins-Salazar reported on her attendance at a virtual CalCOG meeting.
Mayor Matthews reported she participated in the Point-in-Time Count and volunteered at the extreme weather shelter. She made a statement against hate and in favor of more harmony in the community.
Councilmember Stillman reported on her attendance at a meeting of the Board of Directors of the Humboldt Transit Authority. She also reported she participated in the Point-in-Time count and volunteered at the extreme weather shelter.
Councilmember White reported on her attendance at meetings of the Humboldt County Association of Governments; the Board of Directors of the Redwood Region Economic Development Commission; a flea market; the Farmers' Market; and a community cleanup. She announced an electrification workshop on February 15, 2024, at 6:30 p.m. at Scurfield Electric, Heating and Solar in Arcata.
ADJOURNMENT
The meeting was adjourned at 11:02 p.m.
Respectfully submitted,
Bridget Dory
City Clerk