CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER APRIL 03, 2024
1 SPECIAL MEETING
A Special Meeting of the City Council of the City of Arcata was held on the above date at 5:15 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 March 29, 2024.
PRESENT: Matthews, Stillman (joined at 5:31 p.m.), Atkins-Salazar (joined at 5:18 p.m.), Schaefer, White. ABSENT: None. STAFF PRESENT: City Manager Diemer, City Attorney White, Director of Human Resources/Administrative Services Vink, Finance Director Miller.
PUBLIC COMMENT
No public comment was received.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 (Three Items). Employee Organizations: International Union of Operating Engineers Local No. 3; Arcata Police Association; and Management/MidManagement/Confidential Employees. Agency Negotiator: Keira Vink.
The City Council met in closed session in the City Manager's Conference Room.
B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION, Pursuant to Government Code Section 54956.9.
Name of Cases: Chivrell v. City of Arcata, United States District Court, Central District of California, Case No. 4:22-cv-00019-HSG; Garcia v. City of Arcata, Humboldt County Superior Court Case No. CV2300333; Zoellner v. City of Arcata, 9th Circuit Court of Appeals Case No. 18-cv-04471-EMC; Moen v. City of Arcata, Humboldt County Superior Court Case No. CV2100260; Watson v. City of Arcata, United State District Court, Northern District of California, Case No. 1:23-cv05013-RMI; City of Arcata v. Citizens in Support of Measure M, Humboldt County Superior Court Case No. CV2300554.
The City Council met in closed session in the City Manager's Conference Room.
C. CONFERENCE WITH LEGAL COUNSEL––ANTICIPATED LITIGATION, Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2): Two Potential Cases.
The City Council met in closed session in the City Manager's Conference Room.
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CLOSED SESSION REPORTS
A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 (Three Items). Employee Organizations: International Union of Operating Engineers Local No. 3; Arcata Police Association; and Management/MidManagement/Confidential Employees. Agency Negotiator: Keira Vink.
Mayor Matthews stated there was nothing to report out from the closed session.
B. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION, Pursuant to Government Code Section 54956.9.
Name of Cases: Chivrell v. City of Arcata, United States District Court, Central District of California, Case No. 4:22-cv-00019-HSG; Garcia v. City of Arcata, Humboldt County Superior Court Case No. CV2300333; Zoellner v. City of Arcata, 9th Circuit Court of Appeals Case No. 18-cv-04471-EMC; Moen v. City of Arcata, Humboldt County Superior Court Case No. CV2100260; Watson v. City of Arcata, United State District Court, Northern District of California, Case No. 1:23-cv05013-RMI; City of Arcata v. Citizens in Support of Measure M, Humboldt County Superior Court Case No. CV2300554.
Mayor Matthews stated there was nothing to report out from the closed session.
C. CONFERENCE WITH LEGAL COUNSEL––ANTICIPATED LITIGATION, Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2): Two potential cases.
The Council returned to the Council Chamber at 5:44 p.m.
RECESS: The Council recessed from 5:44 p.m. to 5:47 p.m.
Mayor Matthews stated there was nothing to report out from the closed session.
OPEN SESSION—Committee Interview
A. Interview One Candidate for One Vacancy on the Wetlands and Creeks Committee for a Term Expiring March 31, 2025.
The Council interviewed Nathanael Pope for one vacancy on the Wetlands and Creeks Committee for a term expiring March 31, 2025.
ADJOURNMENT
The meeting was adjourned at 5:54 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 March 29, 2024.
PRESENT: Matthews, Stillman, Atkins-Salazar, Schaefer, White. ABSENT: None. Staff April 3, 2024
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Present: City Manager Diemer, City Attorney White, Chief of Police Silvers, Director of Community Development Loya, Director of Environmental Services Sinkhorn, Deputy Director of Community Development Dart, Environmental Programs Manager Sefcik, IT and Digital Media Specialist Carrillo, City Clerk Dory, Executive Assistant/Deputy City Clerk Varley.
LAND ACKNOWLEDGMENT
Mayor Matthews read a statement acknowledging that Arcata sat on ancestral Wiyot land.
FLAG SALUTE
Mayor Matthews led the Pledge of Allegiance.
CEREMONIAL MATTERS
A. Proclamation in Recognition of the 2024 Godwit Days Spring Migration Bird Festival, April 18–21, 2024.
Councilmember Schaefer read the proclamation and presented it to Alex Stillman, Chair of the Godwit Days Board of Directors, who thanked the City and spoke about the upcoming festival.
B. Proclamation in Recognition of the Week of the Young Child, April 6–12, 2024.
Councilmember White read the proclamation and presented it to Rodney Oien, Executive Director of North Coast Children's Services, who explained that not only did their programs support children, they supported families and brought economic benefits to the community as well.
C. Proclamation in Recognition of Sexual Assault Awareness Month, April 2024.
Councilmember Atkins-Salazar read the proclamation and presented it to Kira Morse, Education and Outreach Manager for the North Coast Rape Crisis Team (NCRCT), who spoke about the services that they offered to survivors in the area, as well as the agencies that they partnered with, and mentioned their fundraising efforts for the month of April with information on where to follow them on social media.
REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Wetlands and Creeks Committee.
Justin Hawkins, Vice-Chair of the Wetlands and Creeks Committee, presented an oral version of the Committee's annual report to the Council.
EARLY ORAL COMMUNICATIONS
Mayor Matthews invited public comment.
Fred Weis critiqued questions included in the recent FM3 survey and said the results should have been presented at a regular Council meeting.
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Dave Meserve expressed his disappointment that the Superior Court had decided in the City's favor in the Earth Flag litigation. He requested the City not move the Earth Flag until an appeal was decided, if an appeal was filed.
Deborah Loysel recommended low-density residential zoning be discontinued, and declared that housing was too expensive in Arcata for college students.
Rhiannon Lopez encouraged the City to build a stronger relationship with the University and continue to address student housing insecurity.
Gregory Daggett lamented the results of the recent Planning Commission interviews, noting that an applicant with extensive experience and education was not appointed.
Joanne McGarry echoed Mr. Daggett's comments. She shared that the Humboldt Unitarian Universalist Fellowship had also adopted a cease-fire resolution.
Natalie Walston, a Plaza business owner, requested more enforcement of the laws pertinent to the Plaza, especially in regard to those who congregated on the north side of the Plaza during the day.
Shannon Bettis thanked the Council for adopting a cease-fire resolution.
Mayor Matthews closed Early Oral Communications.
CONSENT CALENDAR
Councilmember White removed item F from the Consent Calendar for further discussion.
Mayor Matthews invited public comment.
Gregory Daggett requested item F be removed from the Consent Calendar for further discussion.
Fred Weis requested items E and F be removed from the Consent Calendar for further discussion.
Mayor Matthews closed the public comment period.
ON MOTION BY SCHAEFER, SECONDED BY STILLMAN, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR APRIL 3, 2024, WITH THE EXCEPTION OF THE FOLLOWING TWO ITEMS:
E. APPROVE THE ARCATA CORPORATION YARD FENCE REPLACEMENT AND TRAIL ENHANCEMENT PLAN; AND F. ADOPT RESOLUTION NO. 234-40, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA ACCEPTING THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT. AYES: MATTHEWS, April 3, 2024
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STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of March 20, 2024.
B. Bi-Weekly Report on Disbursements.
C. Schedule a Public Hearing on Wednesday, April 17, 2024, at 6:00 p.m., or As Soon Thereafter As Possible for the Matter to Be Heard, for Consideration of Adoption of a Resolution Updating the City of Arcata Fiscal Year (FY) 2024-25 Master Fee Schedule and Direct Staff to Post and Publish the Public Notice in Accordance with California Government Code Sections 66016 and 6062a.
D. Adopt Resolution No. 234-41 Accepting the Expansion of a Public Utility Easement from Green Diamond Resources Company on a Portion of Assessor’s Parcel No. 507-041-001 for Water Storage Tank 1-C; and Authorize the City Manager to Execute All Applicable Documents.
E. Item XI-E was moved to Items Removed from Consent Calendar.
F. Item XI-F was moved to Items Removed from Consent Calendar.
ITEMS REMOVED FROM CONSENT CALENDAR
E. Approve the Arcata Corporation Yard Fence Replacement and Trail Enhancement Plans.
Mayor Matthews invited public comment.
Fred Weis asked why the Corporation Yard fence could not be put back where it was before and said that the new fence would require people to walk along South G Street for the length of a football field.
Mayor Matthews closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY SCHAEFER, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL APPROVED THE ARCATA
CORPORATION YARD FENCE REPLACEMENT AND TRAIL ENHANCEMENT PLANS. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE.
NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
F. Adopt Resolution No. 234-40, A Resolution of the City Council of the City of Arcata Accepting the 2023 General Plan Annual Progress Report.
Mayor Matthews invited public comment.
Gregory Daggett said he thought there should be better progress in regard to the Noise Element.
Fred Weis provided a handout to the Council and said that he wanted to point out that over a five-year period not a single deed-restricted moderate-income housing unit had been built.
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Mayor Matthews closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY SCHAEFER, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 234-40, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA ACCEPTING THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT:
NONE. ABSTENTIONS: NONE.
NEW BUSINESS
A. Appoint One New Member to the Wetlands and Creeks Committee for a Term Expiring March 31, 2025.
Mayor Matthews invited public comment. None was received. Mayor Matthews closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY STILLMAN, AND WITH A
UNANIMOUS VOICE VOTE, THE COUNCIL APPOINTED NATHANAEL POPE TO
THE WETLANDS AND CREEKS COMMITTEE FOR A TERM EXPIRING MARCH 31, 2025. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE.
NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
B. Review and Approve Revised City Officials' Protocol Manual.
City Attorney White reviewed the Arcata Protocol Manual, changes that were being suggested by staff, including policy changes. He went on to summarize the potential changes suggested for the Protocol Manual. He listed staff's recommended changes as follows:
• Revise the manual to also apply to City commissions, committees, and boards. • Combine the resolution establishing format and procedure for Council meetings and the Commission and Committee Handbook into the City Officials Protocol Manual. • Add a requirement that new Council Members be invited to tour facilities and meet staff.
• Change Mayor and Vice Mayor elections to be held at the Council's first meeting in December or at election certification.
• Change closed sessions to be held at a regular meeting beginning at 5:00 p.m. rather than at a special meeting.
• List committee and commission vacancies on the City website. • Specify that appointees serve on one committee or commission at a time. • Specify that committee and commission recommendations be determined by at least a majority vote.
• Stagger terms of office for advisory board members be staggered. • Allow the Mayor to decrease time allocated to speakers for public comment • Disallow the ceding of time.
• Designate waiting areas for speakers where no signs would be permitted. • Specify that written communications not be included in an agenda packet.
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• Allow the public to only request future agenda items during a regular meeting. • Allow speakers to only speak once during the oral communication combined periods. • Forbid the public from removing items from the consent calendar. • Forbid presentations during oral communications.
• Allow Council Members to admonish, reprimand, or censure other Council Members or staff for misconduct.
• Allow the Mayor to remove an individual for disrupting the meeting. • Discourage Council Members and officials from wearing political attire or bringing political signs to Council meetings.
RECESS: The Council recessed from 7:20 to 7:25 p.m.
Councilmember Schaefer noted that "Arcata Main Street" needed to be removed from paragraph
8.6(B).
Councilmember Stillman said the reference to office space in City Hall should be removed from paragraph 3.3. In paragraph 3.4, she recommended the word "telefax" be removed.
Councilmembers Atkins-Salazar and White recommended Staff Reports be moved to immediately after Committee Reports.
Councilmember Schaefer suggesting adding "Items for Future Agendas" at the end of the agenda outline.
City Attorney White made it clear that only Council Members and staff could put items on an agenda.
BY GENERAL CONSENSUS, THE COUNCILMEMBERS AGREED THAT TO PLACE
AN ITEM ON THE AGENDA, ONE COUNCILMEMBER COULD ASK THE MAYOR TO DO SO OR IT COULD BE BROUGHT UP AT A MEETING UNDER "ITEMS FOR FUTURE AGENDAS."
City Attorney White noted that revisions to the Manual provided that public speakers could speak during Early Oral Communications or later in a meeting during Oral and Written Communications, but not both.
Councilmembers Schaefer, Atkins-Salazar, and White all recommended that Early Oral Communications only allow speakers attending in person.
BY GENERAL CONSENSUS, THE COUNCIL DECIDED TO SOFTEN THE
LANGUAGE ON THE AGENDA OUTLINE AND IN THE PROTOCOL MANUAL TO SAY THAT IT WOULD MAKE EVERY ATTEMPT TO END MEETINGS BY 10:30 P.M.
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BY GENERAL CONSENSUS, THE COUNCIL GAVE ITS APPROVAL TO FORBID THE CEDING OF TIME DURING PUBLIC COMMENT.
BY GENERAL CONSENSUS, THE COUNCIL INSTRUCTED CITY ATTORNEY WHITE TO ADD LANGUAGE TO SECTION 8.14 TO SPECIFY THAT A COUNCIL
MEMBER COULD BE REMOVED FROM REGIONAL LIAISON APPOINTMENTS AND/OR AS MAYOR AT ANY TIME BY A MAJORITY VOTE OF THE COUNCIL.
At the request of Mayor Matthews, City Attorney White said that language could be added that per the Government Code, it was the Council's discretion whether to fill a vacancy by appointment or through a special election.
Mayor Matthews invited public comment.
Joanne McGarry suggested switching the Land Acknowledgement and the Flag Salute, agreed with moving staff reports to earlier in the meeting, and said that she believed that people should be allowed to speak twice during public comment.
Gregory Daggett supported keeping the Mayor rotation schedule.
Fred Weis recommended Mayor removal require four votes, agreed with moving staff reports to an earlier time in the meeting and said he was not opposed to prohibiting the ceding of time for public comment.
Lisa Brown asked the Council to consider that Zoom commenters might be elderly, students, etc., and might not be able to attend a meeting in person. She recommended public comment be received well before significant Council/Commission deliberations.
Jim Becker said he did not believe that Zoom should be taken from the early public comment period, he wanted to be sure that commenters could still speak on each agenda item, supported keeping the Mayor and Vice Mayor rotation schedule, and was in favor of community members being allowed to pull items from the Consent Calendar.
Lisa suggested expanding Early Oral Communications to 20 minutes, was in favor of allowing people to comment by Zoom, said people should not be removed from the meeting just because they might be boisterous, said people should be able to hold up signs, and said the public should be allowed to pull items from the Consent Calendar.
Mayor Matthews closed the public comment period.
BY GENERAL CONSENSUS, THE COUNCIL DECIDED THAT REMOVAL OF A
COUNCIL MEMBER AS MAYOR AND/OR FROM REGIONAL BOARDS SHOULD BE DONE BY A SUPER MAJORITY VOTE.
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Councilmembers Matthews and White were both in support of allowing people to comment by Zoom during Early Oral Communications.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Matthews invited public comment.
Joanne McGarry suggested various ways the City could honor local indigenous people such as returning land or using local indigenous geographical names.
Gregory Daggett spoke about sea level rise and its future impacts on the Wastewater Treatment Facility.
Fred Weis spoke about the lack of condominiums in Arcata and that he believed that the results of the FM3 Survey should have been presented at a regular Council meeting.
John Emig asked the Council to see that the noise ordinance would be enforced. He advocated for increased police presence in Valley West.
Jim Becker asked if there would be an audio recording made available from the April 2, 2024, Study Session.
Mayor Matthews closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
A. Receive an Activity Report for the 1st Quarter of 2024 from Chief of Police Bart Silvers.
Chief of Police Silvers presented an activity report on the first Quarter of 2024 for the Arcata Police Department. He shared that the department had started to institute a wellness program for employees and that staff were participating in a regional peer-support group. He said that three promotions were made in the department which included Lieutenant, Sergeant, and a lateral move from Patrol Sergeant to Detective Sergeant. He noted that two Community Ambassadors were hired to complete a full team of seven Ambassadors. He reviewed statistics for the quarter.
B. Other Council and Staff Reports
City Manager Diemer wanted the public to be aware that due to construction on Old Arcata Road, there could be some traffic congestion. She also included that beginning April 20, the Plaza would be completely closed to traffic during the Farmers' Market.
Councilmember White said that she attended an Arcata High School sports fundraiser and announced a cleanup in Valley West on April 7, 2024.
Councilmember Stillman reported on her attendance at a meeting of the Board of Directors for the Humboldt Transit Authority. She suggested the City purchase a sidewalk cleaning machine.
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Mayor Matthews announced that there would be an Earth Day event at the North Coast Coop.
Regarding the closure of the Plaza for the Farmers' Market, she said the North Coast Growers' Association was working to assure that there would be plenty of ADA-compliant parking available. She reported on her attendance at the CalCities' Housing, Community, and Economic Development Policy Committee meeting.
Councilmember Atkins-Salazar reported on her attendance at a meeting of the Board of Directors for the Humboldt County Association of Governments.
Councilmember Schaefer reported on her attendance at a meeting of the Board of Directors for the Redwood Coast Energy Authority (RCEA). She spoke about RCEA e-bike rebates becoming available. She also reported on her attendance at an equity arcata board meeting. She announced a Chamber mixer at the Campus Bookstore on April 4, 2024, and the Chamber's Quarterly Young Professionals' Mixer on April 12, 2024, at the Plaza Grill in conjunction with Arts! Arcata.
DATES OF FUTURE MEETINGS
A. Set a Date for a Study Session with City Committee/Commission Chairpersons.
This item was continued to a future agenda.
B. Confirm the Fiscal Year 2024/2025 Budget Study Session, Tuesday, April 16, 2024, at 5:30 p.m., in the Council Chamber.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD THE FISCAL YEAR 2024/2025 BUDGET STUDY SESSION ON TUESDAY, APRIL 16, 2024, AT 5:30 P.M., IN THE COUNCIL CHAMBER.
ADJOURNMENT
The meeting was adjourned at 9:46 p.m.
Respectfully submitted,
Rhea Varley
Executive Assistant/Deputy City Clerk