CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER MAY 15, 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. in person with Mayor Matthews presiding. Notice of this meeting was posted on May 10, 2024. PRESENT: Matthews, Stillman, Atkins-Salazar, White. ABSENT: Schaefer. STAFF PRESENT: City Manager Diemer, 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; Management/MidManagement/Confidential Employees. Agency Negotiator: Keira Vink.
The City Council met in closed session in the City Manager's Conference Room.
The Council returned to the Council Chamber at 5:50 p.m.
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; Management/MidManagement/Confidential Employees. Agency Negotiator: Keira Vink.
Mayor Matthews stated there was nothing to report out from the closed session.
ADJOURNMENT
The meeting was adjourned at 6:04 p.m.
REGULAR MEETING
A regular meeting of the City Council of the City of Arcata was held on the above date at 6:04 p.m. as a hybrid meeting, via teleconference utilizing Zoom Video Communication and in person, with Mayor Matthews presiding. Notice of this meeting was posted on May 10, 2024.
PRESENT: Matthews, Stillman, Atkins-Salazar, White. ABSENT: Schaefer. STAFF PRESENT:
City Manager Diemer, Director of Community Development Loya, City Engineer Khatri, Director of Environmental Services Sinkhorn, IT and Digital Media Specialist Carrillo, City Clerk Varley.
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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 Honor of Kinetic Sculpture Racing, May 25, 2024.
Councilmember Stillman read the proclamation and presented it to reigning Rutabaga Queen, Felix Flex, who spoke about her experience with the Kinetic universe and shared the value of community that the experience brought and encouraged everyone to come out for the glory.
B. Proclamation in Support of Humboldt Lemonade Day, June 1, 2024.
Councilmember White read the proclamation.
C. Proclamation in Honor of Older Americans Month, May 2024.
Councilmember Atkins-Salazar read the proclamation and presented it to Maggie Kraft with Area 1 Agency on Aging who spoke about lives being enhanced by intergenerational relationships noted the importance of volunteers.
EARLY ORAL COMMUNICATIONS
Mayor Matthews invited public comment.
Joanne McGarry said that ceremonial matters were starting to resonate with her. She recommended that the City join other cities around the world in committing to be a peace city and spoke in favor of giving the name or land back to the Wiyot people.
Gregory Daggett spoke about a letter the City had received from the Arcata Fire District regarding building height and gave an example of the impacts of a midrise collapsing in the State of Florida.
Fred Weis shared areas he felt the City was at risk in including the Environmental Impact Report, a recent live streaming ruling from the City Attorney, and a letter written to the City from the Arcata Fire District.
Mayor Matthews closed Early Oral Communications.
CONSENT CALENDAR
ON MOTION BY STILLMAN, SECONDED BY WHITE, AND WITH A FOUR-TOZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR MAY 15, 2024, AS PRESENTED. AYES: MATTHEWS, May 15, 2024
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STILLMAN, ATKINS-SALAZAR, WHITE. NOES: NONE. ABSENT: SCHAEFER.
ABSTENTIONS: NONE.
A. Approve the Minutes of the City Council Meeting of May 1, 2024.
B. Bi-Weekly Report on Disbursements.
C. Adopt Resolution No. 234-51 Authorizing the Execution of the Certifications and Assurances and Authorized Agent Forms for the Low Carbon Transit Operations Program (LCTOP) for the Following Project: Arcata and Mad River Transit System (A&MRTS) Free and Reduced Fares in the Amount of $28,712.
D. Adopt Resolution No. 234-50 Accepting a Public Access Easement on a Portion of Assessor's Parcel Nos. 505-121-034 & 505-121-031.
OLD BUSINESS
A. Receive an Update on the Progress of the Arcata Wastewater Treatment Facilities Improvements Project.
City Engineer Khatri and Director of Environmental Services Sinkhorn gave a presentation on the construction progress for the Arcata Wastewater Treatment Facilities Improvement Project.
City Engineer Khatri spoke about the disinfection areas and said that the ultraviolet light was functional and close to complete. He showed progress and final result photos of the Hauser Pump Station. He gave an overview of how the foundation looked and shared that the new electrical building was about twenty percent complete. He shared that the primary clarifier was being rehabilitated and was anticipated to be finished by the end of 2024. He explained that there was a new discharge location that was functional. City Engineer Khatri shared appreciation for the contractors and the staff who were working together on this project. He presented items that were still in progress for the project.
Director of Environmental Services Sinkhorn spoke about the construction that was happening in the public area access locations. She explained that there had been a plant closure for a month and that the City was continuing to be transparent regarding closure alerts through social media and other platforms. She thanked the community for its patience during this construction period and spoke about upcoming Marsh area closures and reopenings.
City Engineer Khatri spoke about the costs of the project and explained that there were multiple sources of funding. He shared that the expected completion date was June 30, 2026.
Director of Environmental Services Sinkhorn shared that the City was actively planning for what would come next and spoke about three different efforts which included modeling potential coastal hazards, State-Water Board funded assistance in looking at how to treat wastewater in the futures, and Federal Emergency Management Agency-funded planning for future levee augmentation.
Mayor Matthews invited public comment.
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Joanne McGarry spoke about sea level rise being a central factor, and spoke in favor of alternative sites and a decentralized treatment plant. She said levy augmentation would need to be revisited.
Gregory Daggett said that he thought the coastal commission was not on board for future projects due to it not being a great location in regard to sea level rise. He said that he was fine with Phase I but was not in support of levee augmentation and that he did not feel it was a longterm solution for the City to keep investing in that location.
Naomi asked where the treatment plant was located, said that it would be flooded in sixty-six years, and that invasive species needed to be taken out. She spoke about additional topics that were not on the agenda.
Mayor Matthews closed the public comment period.
B. Consider Minor Changes to the General Plan 2045.
Director of Community Development Loya gave a presentation on General Plan updates that had been recommended by the public and staff and what the Planning Commission did with them. He showed the decision tracking and said that all of the changes were reflected in the General Plan online. He explained that some indications were just in writing and not finalized on maps since they would still need to be completed by consultants after final approval. Director Loya addressed public concern regarding the Craftsman Mall infill opportunity zone possibly being marked as Residential High in the entire area, and explained that cross hatching showed the Residential High Density district while the Residential Medium Density district was below the Craftsman Mall district and Sunset neighborhood. He shared other changes the Planning Commission had made in the land-use designations for two areas. He noted that the existing policy in the General Plan prohibited installation of wood burning appliances and that the Planning Commission had taken it one step further to not allow replacement of an existing wood appliance. He noted that a couple Planning Commission recommendations had not made it into the track-changes version of the General Plan, he said one of them was in regard to implementation measure LU-9 and the other was for policy D-2a.
Director Loya shared that there was a public hearing noticed for the May 29, 2024, special meeting, and that the first opportunity to take action on the General Plan would be July 17, 2024.
On inquiry by Councilmember White, Director Loya explained that there would be time for the Council to review the Environmental Impact Report, and July 17, 2024 would be the first opportunity to certify it.
Councilmembers Atkins-Salazar and White spoke in favor of providing people more options when reviewing policy AQ-1b.
Councilmembers Matthews, Atkins-Salazar, and White recommended that "including replacement" be stricken from policy AQ-1b.
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Councilmember Stillman said that she understood the need for more alternatives, and emphasized the need for air quality. She said that she was not willing to strike "including replacement".
On Inquiry by Councilmember White, David Loya explained that the no net loss language in policy CM-5 meant that if a trail did get moved, the connectivity that a trail provided would remain and number of miles would not decrease.
Councilmember White asked to discuss policy LU-1n.
On inquiry by Councilmember Atkins-Salazar, Councilmember White confirmed she wanted to discuss whether the Council would agree on taking a more cautious approach or not.
On inquiry by Councilmember White, Director Loya explained that the policies around sea level rise adaptation for LU-1n were housed in the City's Local Coastal Program.
Councilmember Atkins-Salazar shared that she recalled conversation about taking a middle-ofthe-road approach to this issue, and that her understanding was that a cautious approach would be brought to new development.
Director Loya said he would want to go into more detail when they discussed the Local Coastal Element regarding this in the future.
On inquiry by Councilmember White, Director Loya explained that areas that were currently developed would be given the incentive to transition away from current uses into new uses that would clean those sites so that when sea level rise did happen contamination would not leach into the bay.
On inquiry by Councilmember Atkins-Salazar, Councilmember White said she would like to revisit the Planning Commission meeting where this was voted on before taking a position.
Councilmember Atkins-Salazar spoke about the term "tenement housing" and explained that she would like to see a different word used.
Councilmembers Matthews, Atkins-Salazar, and White recommended that the term "tenement housing" be removed from the General Plan.
On inquiry by Councilmember Stillman, Director Loya explained the term was used in concurrence with affordable housing but that they would be fine with removing it.
Councilmember Atkins-Salazar shared that in policy D-1a, that while she thought it was a good goal, the term "environmentally friendly" was too vague and could potentially bring construction to a halt.
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Councilmembers Matthews, Atkins-Salazar, and White recommended that the term "environmentally friendly" be removed from policy D-1a.
Mayor Matthews invited public comment.
Gregory Daggett asked to cede his time to Fred Weis, his request was denied by the Mayor. He spoke about air quality being significant, he said he was in support of the idea but that he saw many cars around the high school and low use of bicycle lanes. He asked why Humboldt was exempt from air quality standards.
Fred Weis spoke in favor of the term "tenement housing", and said that there were about ten items on the decision tracking table that he thought were inaccurate. He said that there was no inclusionary zoning yet and that there were a lot of details he had to add which he might include in writing.
Jim Becker said that policy CM5e.7 deserved more time to be discussed, he expressed concern about trails being moved and asked if the policy could be discussed further and not approved as it was presented.
Sherri spoke about policy CM-5e.7 and asked that in the final version of the General Plan that the L Street corridor be protected.
Lisa spoke about building height impacts in Arcata and the demolition of a home on Janes Road and said that it was done to make room for a fourplex, she said current underlying policy allowed this. She referenced implementation measure LU-9 and said that the City would need to think about how rezoning and increasing building heights would impact neighborhoods.
Craig Johnson spoke about a neighborhood in San Francisco that had low building height and said that he wanted the City to consider which buildings would block the sun.
Mayor Matthews closed the public comment period.
Mayor Matthews thanked Director Loya and said she would like to pause and come back to this discussion on May 29, 2024.
Councilmember Stillman spoke about car-free zoning that had been detailed in red in policy D2a, she said that she thought that it could be detrimental.
Councilmembers Matthews and Atkins-Salazar said they were fine with the wording because it included the term "consider".
RECESS: The Council recessed from 7:55 to 8:02 p.m.
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C. Consider Revisions to the City Officials' Protocol Manual 2024.
City Manager Diemer explained that what was before the Council had been approved at the April 3, 2024 City Council meeting. She said that the reflected track changes were mostly nonsubstantiative.
Councilmember Stillman said that the Chamber of Commerce and the Humboldt Film Commission were both listed and asked if Arcata Playhouse could be included as the City's arts organization.
BY GENERAL CONSENSUS, THE COUNCIL RECOMMENDED INCLUDING
ARCATA PLAYHOUSE AS THE CITY'S ARTS ORGANIZATION UNDER THE SECTION FOR ADVISORY BODIES AND CIVIC ORGANIZATIONS.
On inquiry by Councilmember White, City Manager Diemer explained that in reference implementing no ceding of time during public comment, the intent of the revision was to create standardized protocol. She said the City was in the process revamping the Commission/Committee Handbook which would be lighter reading but provide more specific guidelines for commissions and committees.
City Attorney White said that one of the goals of this update was to implement consistency, he explained that a public speaker could ask for more time from the chair or the majority of the board who would use their discretion to decide whether or not to grant it.
Mayor Matthews invited public comment.
Joanne McGarry spoke in favor of members of the public being able to ask for items to be placed on an agenda. She requested that copies of the agendas be available at the library.
Gregory Daggett said that he felt okay with the Mayor ceding more time for public comment, he said he only saw it get out of control at a few meetings.
Fred Weis recommended edits to the protocol manual, including having three sections for the Brown Act, Council, and Committees/Commissions. He said that the name should be returned to its prior name and asked for additional edits to be made.
Mayor Matthews closed the public comment period.
On inquiry by Councilmember Stillman, City Attorney White said that the Protocol Manual was made to govern several things including City Council meetings which included members of the public and staff as well. He said that it would be a background document for process that could also be used by commissions and committees in the absence of direction from the Municipal Code or something that was otherwise governed by law. He said there would be additional documents for the committees as well.
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On inquiry by Councilmember Atkins-Salazar, City Manager Diemer explained that the other documents that would apply to committees and commissions were housed out of the City Clerk's office and explained that the Municipal Code was also online.
STILLMAN MOVED TO APPROVE THE CITY OFFICIAL'S PROTOCOL MANUAL 2024 AND DIRECT STAFF TO RETURN WITH THE FINAL REVISED CITY OFFICIAL'S PROTOCOL MANUAL 2024 AT A FUTURE MEETING FOR APPROVAL.
ON INQUIRY BY CITY ATTORNEY WHITE AND CITY MANAGER DIEMER,
COUNCILMEMBER STILLMAN ACCEPTED A FRIENDLY AMENDMENT TO THE
MOTION TO PROVIDE FINAL APPROVAL OF THE CITY OFFICIAL'S PROTOCOL MANUAL 2024.
ATKINS-SALAZAR SECONDED THE MOTION, COUNCILMEMBERS STILLMAN AND MATTHEWS VOTED AYE.
Councilmember White requested to make a substitute motion.
WHITE MOVED TO ACCEPT THE MANUAL AS-IS WITH A CHANGE OF TITLE TO THE "CITY COUNCIL PROTOCOL MANUAL" AND COME BACK TO IT IN
ANOTHER YEAR WHEN THE OTHER WORK WOULD BE READY AND COULD BE
INTEGRATED INTO ONE CITY OFFICIAL'S PROTOCOL MANUAL THAT WOULD INCLUDE CITY COUNCIL, COMMITTEES, AND COMMISSIONS.
THE SUBSTITUTE MOTION DIED DUE TO LACK OF A SECOND.
THE FIRST MOTION PASSED WITH A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, WHITE. NOES:
NONE. ABSENT: SCHAEFER. ABSTENTIONS: NONE.
NEW BUSINESS
A. Introduce Ordinance No. 1568 Amending the Mobilehome Rent Stabilization Regulations to Reduce the Mobilehome Rent Stabilization Fee.
Director of Community Development Loya explained that the current ordinance set a minimum fee for administering the rent stabilization program of ten dollars. He said that the current amount of money that the City had to operate the program was sufficient and they would like to reduce the fee to five dollars, which was reflected in the fee resolution. He asserted that the underlying ordinance would need to be changed in order to allow for an alternate fee, he said that this action would eliminate in the ordinance a minimum fee and would defer to the fee resolution.
WHITE MOVED, AND STILLMAN SECONDED TO INTRODUCE ORDINANCE NO. 1568 AMENDING THE MOBILEHOME RENT STABILIZATION REGULATIONS TO REDUCE THE MOBILEHOME RENT STABILIZATION FEE.
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Mayor Matthews opened the public hearing.
No one came forward to speak.
Mayor Matthews closed the public hearing.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE.
AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, WHITE. NOES: NONE.
ABSENT: SCHAEFER. ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Matthews invited public comment.
Joanne McGarry inquired about working with the Council to create a location for a Redwood Peace and Justice Center, she said that people needed a third place to be. She shared that she feared the future in regard to development and change.
Gregory Daggett spoke about a letter that had been sent from the Arcata Fire District in regard to building heights in Arcata, he said that the fire district went to the Planning Commission and asked that any building over three stories not be approved and that this could put the City at risk.
Fred Weis shared that there was one public hearing that would happen on May 29, 2024, and proposed that there be three noticed public hearings instead, one for the Gateway Area code, one for the EIR, and one for the General Plan. He spoke about building standards and said that the cost of the buildings could be too much.
Lisa Pelletier said that there had been an open house in January 2022 where the concern of building height had been considered. She requested that the issue of building height be included as an agenda item at a City Council meeting so that community members could share their concerns.
Mayor Matthews closed Oral and Written Communications.
COUNCIL AND STAFF REPORTS
City Manager Diemer shared that the City sent a letter requesting additional community engagement regarding a development fee from the Arcata School District. She said that the school district would attend the June 5, 2024, City Council meeting.
Councilmember White spoke about settler colonialism and spoke in favor of name back/land back in reference to the Plaza. She reported on her attendance at a League of California Cities Redwood Empire Division meeting hosted by the City of Rio Dell, her attendance at the City's Employee Recognition Luncheon, a Humboldt Pet Supply Arcata Marsh cleanup, a meeting of the board for Redwood Region Economic Development, and the Homelessness Services Working Group.
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Councilmember Stillman reported on speaking with Chief McDonald in regard to work with the City, the fire district, and Cal Poly Humboldt and a consultant and said that he had informed her that he would like to meet with the Council in July, 2024. She shared that the Old Arcata Road construction was going well, spoke about her interactions with business owners on the Plaza about lane closures affecting business after the Farmers' Market, and reported on the Governor's budget affecting behavioral health services in Arcata and the Women in Construction Program.
Councilmember Matthews reported that she had been doing ongoing work with the Tribe and the Native American Studies department at Cal Poly Humboldt looking for opportunities to look at doing land back, she emphasized the importance of letting the Tribe take the lead. She reported on her attendance at a meeting of the Board of Directors for Humboldt Waste Management Authority.
Councilmember Atkins-Salazar reported that she would be attending a meeting of the Board of Directors of Humboldt County Association of Governments, she shared that May was Bike Month, and thanked the staff members who put on the City's Employee Recognition Luncheon.
Councilmember White said that she had been working with Michelle Vassel and had been invited into a collective conversation to acknowledge and support Wiyot Sovereignty which she would be attending the following week.
DATES OF FUTURE MEETINGS
A. Confirm the May 22, 2024, Special City Council Meeting at 5:30 p.m., in the Council Chamber, to Meet in Closed Session to Discuss Public Employment—City Manager.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD A SPECIAL CITY COUNCIL MEETING ON MAY 22, 2024, AT 5:30 P.M. IN THE
COUNCIL CHAMBER TO MEET IN CLOSED SESSION TO DISCUSS PUBLIC EMPLOYMENT-CITY MANAGER.
B. Confirm the May 28, 2024, Special City Council Meeting at 4:00 p.m., in the Council Chamber, to Meet in Closed Session to Discuss Public Employment—City Manager.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD A SPECIAL CITY COUNCIL MEETING ON MAY 28, 2024, AT 4:00 P.M. IN THE
COUNCIL CHAMBER TO MEET IN CLOSED SESSION TO DISCUSS PUBLIC EMPLOYMENT-CITY MANAGER.
C. Confirm the May 29, 2024, Special City Council Meeting and Revise the Start Time to 5:30 p.m. in the Council Chamber, to Consider Certification of the Environmental Impact Report, Adoption of the Gateway Area Code, Adoption of the Gateway Area Plan, Adoption of the General Plan 2045, and Discuss the Fiscal Year 2024/2025 Budget.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD A SPECIAL CITY COUNCIL MEETING ON MAY 29, 2024, AT 5:30 P.M. IN THE May 15, 2024
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COUNCIL CHAMBER, TO CONSIDER CERTIFICATION OF THE
ENVIRONMENTAL IMPACT REPORT, ADOPTION OF THE GATEWAY AREA
CODE, ADOPTION OF THE GATEWAY AREA PLAN, AND THE ADOPTION OF THE GENERAL PLAN 2025.
D. Confirm the June 12, 2024, Special City Council Meeting at 6:00 p.m. in the Council Chamber to Discuss and Adopt the Fiscal Year 2024/2025 Budget.
BY GENERAL CONSENSUS, THE COUNCIL CONFIRMED IT WOULD HOLD A SPECIAL MEETING ON JUNE 12, 2024, TO REPLACE THE REGULAR CITY COUNCIL MEETING THAT FELL ON THE JUNETEENTH HOLIDAY AT 6:00 P.M.
IN THE COUNCIL CHAMBER TO DISCUSS AND ADOPT FISCAL YEAR 2024/2025 BUDGET.
ADJOURNMENT
The meeting was adjourned at 8:56 p.m.
Respectfully Submitted,
Rhea Varley
City Clerk