CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER JULY 17, 2024
736 F Street, Arcata Wednesday, 6:00 PM
AGENDA
1 Special accommodations for the disabled who attend City meetings can be made in advance by contacting the City Clerk at 822-5953. Assistive listening devices are available.
Pursuant to Government Code section 54957.5, all writings or documents relating to any item on this agenda which have been provided to a majority of the City Council, including those received less than 72 hours prior to the City Council meeting, will be made available for public inspection in the agenda binder located on the counter in the lobby at Arcata City Hall, 736 F Street, during normal business hours, and on the City's website at www.cityofarcata.org.
PLEASE NOTE: Speakers wishing to distribute materials to the City Council at the meeting are requested to provide 10 copies to the City Clerk.
How to Observe and Participate in the Meeting:
Observe:
Members of the public can attend the meeting in person or observe the meeting on Zoom (see below), on Access Humboldt Channel 10, online by visiting www.cityofarcata.org and clicking on the See Live Meetings, Agendas, and Archives button on the home page, or on the City’s YouTube channel at https://www.youtube.com/c/CityofArcataCA Public Comment Participation in Person and on Zoom:
Members of the public may attend the meeting in person and give public comment. Or, they may access the meeting via Zoom to provide public comment.
1. Join from a PC, Mac, iPad, iPhone or Android device: Please use this URL:
https://us06web.zoom.us/j/88026061038
2. If you want to comment during the public comment portion of any item, click on raise your hand on the right-hand side of your screen. When it is time for public comment on the item on which you wish to speak, the Clerk will unmute you. You will have 3 minutes to comment (2 minutes for Early Oral Communications), subject to the Mayor’s discretion.
Or join by phone:
1. *67 1-669-900-6833
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2. Enter Meeting ID: 880 2606 1038
3. If you are accessing the meeting via telephone and want to comment during the public comment portion of any item, press star (*) 9 on your phone. This will raise your hand. When it is time for public comment on the item on which you wish to speak, the Clerk will unmute your phone. You will hear a prompt that will indicate your phone is unmuted. You will have 3 minutes to comment (2 minutes for Early Oral Communications), subject to the Mayor’s discretion.
SPECIAL MEETING
5:30 p.m.
1. ROLL CALL
2. PUBLIC COMMENT
3. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1). Name of Case: City of Arcata vs. Citizens in Support of Measure M, Humboldt County Superior Court Case No. CV2300554.
4. CLOSED SESSION REPORTS
A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1). Name of Case: City of Arcata vs. Citizens in Support of Measure M, Humboldt County Superior Court Case No. CV2300554.
5. ADJOURNMENT
REGULAR MEETING
6:00 p.m.
I. LAND ACKNOWLEDGMENT
II. FLAG SALUTE
III. ROLL CALL
IV. CEREMONIAL MATTERS
A. Proclamation Recognizing July 2024 as Parks & Recreation Month.
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V. REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Parks and Recreation Committee.
VI. COUNCIL AND STAFF REPORTS
All reports shall be specifically limited to items relating to City business and shall not request or lead to action by the Council at this meeting.
VII. EARLY ORAL COMMUNICATIONS
The City Council values your comments. The public comment period allows people to address the Council on matters not on the agenda. This early section of public comment is limited to 15-minutes and speakers are limited to 2 minutes each. If you prefer to have a full 3 minutes of time for your public comment, this item is continued at the end of the meeting under item XIII (13) where speakers are granted 3 minutes. Please know that pursuant to the Brown Act, the Council cannot discuss or take action on items not listed on the agenda. The Council may respond to statements. There will also be a time to provide public comment specific to each item when that item is being reviewed by the Council.
VIII. N/A
IX. CONSENT CALENDAR
All matters on the Consent Calendar are considered to be routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items. If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, Council members can request that an item be removed for separate discussion. Members of the public may comment on any items remaining on the consent calendar in the comment period before the vote.
A. Approve the Minutes of the City Council Meeting of May 28, 2024.
B. Approve the Minutes of the City Council Meeting of May 29, 2024.
C. Approve the Minutes of the City Council Meeting of June 5, 2024.
D. Approve the Minutes of the City Council Special Meeting of June 5, 2024.
E. Bi-Weekly Report on Disbursements.
F. Award a Contract for the 2024 Timber Harvest (Logging & Log Hauling) to Ford Logging, Inc. (dba Pacific Earthscape) in the Amount of $335/Thousand Board Feet (MBF) for Logging, $116/MBF for Trucking to Korbel, California, and $187/MBF for Trucking to Piercy; and $47,000 for the Replacement of One Bridge and Repair of One Road Crossing; and Authorize the City Manager to Execute All Applicable Documents.
G. Approve the Arcata Community Forest Trail 9.5 Project.
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H. Award Bid for the 2024 Timber Sale of Redwood Logs ($1450/MBF) to Kelly & Gina Paine (dba KP’s Custom Milled Redwood); Douglas-fir Logs ($570/MBF) and Western Hemlock Logs ($405/MBF) to North Fork Lumber; and Authorize the City Manager to Execute All Applicable Documents.
I. Adopt Resolution No. 245-03, A Resolution of the City Council of the City of Arcata adopting the CalHome Mobilehome Ownership Program Guidelines.
J. Adopt Resolution No. 245-04, A Resolution of the City Council of the City of Arcata Ratifying the Final Ballot Measure Language for the General Municipal Election to be held November 5, 2024.
K. Approve the Memorandum of Understanding (MOU) with the Humboldt County Association of Governments (HCAOG); and Authorize the City Manager to Execute All Necessary Documents Pertaining to the MOU.
L. Approve a Dial-A-Ride Funding Agreement for the City of Arcata for Fiscal Year 2024/25 in the Amount of $97,605; and Authorize the City Manager to Execute All Applicable Documents.
M. Adopt Resolution No. 245-01, A Resolution of the City Council of the City of Arcata Amending the Class and Pay Resolution - Management, MidManagement, Confidential & Appointed Employees [to Reflect New Position]; and Adopt Resolution No. 245-02, 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 New Position of Equity Arcata Manager].
N. Authorize the City Manager to Enter into Real Property Negotiations for a Portion of Assessor's Parcel No. 507-362-055.
O. Award a Contract in the Amount of $3,000 to GHD, Inc. to Author a Climate Change Analysis Addendum for the Little Lake Industries Site Phase II Environmental Site Assessment Report; and Authorize the City Manager to Execute All Applicable Documents.
X. ITEMS REMOVED FROM CONSENT CALENDAR
XI. OLD BUSINESS
A. Consider Approval of the Gateway Area Plan, Gateway Code, and the Program Environmental Impact Report.
The Council has been considering a comprehensive update to the General Plan for several years. This update includes adding two new Elements, the Health Element and the Gateway Area Plan, as well as adoption of a Form-Based Code, the Gateway Code, which would apply only in the Gateway Area. Prior to taking action to adopt these long-range plans and codes, the Council must first certify an July 17, 2024 City Council Agenda
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Environmental Impact Report (EIR) by adopting findings included in Resolution No. 234-47. Two Councilmembers have recused themselves from discussions on the Gateway Area Plan and corresponding Gateway Code due to conflicts of interest. For that reason, the decision-making process has been divided into components that the recused members may not take action on and components they may. Because the EIR must encompass the whole of the action, it addresses both components the recused members may act on and components they may not act on.
This report covers all of the components the recused members may not act on which include the EIR, the Gateway Area Plan, and the Gateway Code. This action incorporates amendments directed by the Council at their May 29, 2024, meeting.
RECOMMENDATION:
It is recommended that the Council:
1) Receive a staff report;
2) Accept public comment;
3) Adopt Resolution No. 234-47 certifying the General Plan and Gateway Code Environmental Impact Report;
4) Adopt Resolution No. 234-48 adopting the Gateway Area Plan; and 5) Introduce Ordinance No. 1569, an ordinance of the City Council of the City of Arcata Amending the Land Use Code, Title IX, Planning and Zoning, of the Arcata Municipal Code to adopt the Gateway Code and zoning districts throughout the City; waive reading of the text and consent to read by title only.
B. Consider Adoption of the General Plan Comprehensive Update with the Exception of the Gateway Area Plan.
Council has been considering a comprehensive update to the General Plan for several years. This update includes adding two new Elements, the Health Element and the Gateway Area Plan, as well as adoption of a Form-Based Code, the Gateway Code, which would apply only in the Gateway Area. Prior to taking action to adopt these long-range plans and codes, the Council must first certify an Environmental Impact Report (EIR) by adopting findings. Two Councilmembers have recused themselves from discussions on the Gateway Area Plan and corresponding Gateway Code due to conflicts of interest. For that reason, the decision-making process has been divided into components that the recused members may not take action on and components they may. This report covers the General Plan comprehensive update with the exception of the Gateway Area Plan.
All Councilmembers may act on this item. This action includes the updates directed by Council during their May 29, 2024, meeting.
RECOMMENDATION:
It is recommended that the Council:
1) Receive a staff report;
2) Accept public comment; and
3) Adopt Resolution No. 234-49 adopting the General Plan 2045 comprehensive update except for the Gateway Area Plan.
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XII. NEW BUSINESS
A. Conduct a Public Hearing to Hear Objections or Protests from Landowners Listed on the Report of 2023 Lien Letter Recipients of Delinquent Garbage Account Fees; and Make Revisions or Corrections to the Report as the Council Deems Just; After Which, Adopt Resolution No. 245-05 Confirming the Report of 2023 Delinquent Garbage Account Fees for Lien.
The City of Arcata requires all occupied premises to subscribe to and pay for garbage and recycling services. Tenants may obtain and pay for collection service, however the owner of each parcel is ultimately responsible for payment of such service. Recology Arcata serves as the City’s franchise garbage and recycling hauler. The Arcata Municipal Code, Title V—Sanitation and Health, Chapter 3— Solid Waste Management, Section 5430 defines solid waste disposal bills not paid within 60 days after the billing date to be late and deemed delinquent. Section 5430 allows the City to collect payment for delinquent accounts pursuant to the authority granted in Government Code section 38790.1, and in the manner described in Government Code section 25831. Pursuant to this process, the City Council reviews and confirms a report of the delinquent accounts during a public hearing at which time affected property owners may present objections or protests. The Council may revise or correct the report, as it deems appropriate prior to taking action to confirm it. A certified copy of a confirmed report of delinquent accounts is then filed with the County Auditor. Upon recordation of the report, the liens are created and attached to the property.
RECOMMENDATION:
It is recommended that the Council conduct a Public Hearing to hear objections or protests from landowners listed on the report of 2023 Lien Letter Recipients of Delinquent Garbage Account Fees; and make revisions or corrections to the Report as the Council deems just; after which, adopt Resolution No. 245-05 Confirming the Report of 2023 Delinquent Garbage Account Fees for Lien.
B. 1) Appoint Merritt Perry as City Manager; and 2) Approve the Agreement for Employment, City Manager.
The City of Arcata Municipal Code, Article II Section 2100, states the City Council shall appoint a City Manager to be the administrative head of the government of the City. The City Manager serves at the sole pleasure of the Council. The City Council hereby appoints Merritt Perry as the new City Manager for a term of August 19, 2024, through August 18, 2027. The attached employment agreement outlines the terms of the employment commitment.
RECOMMENDATION:
It is recommended that the Council:
1) Appoint Merritt Perry as City Manager for the City of Arcata effective August 19, 2024; and
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2) Approve the Agreement for Employment, City Manager.
XIII. ORAL AND WRITTEN COMMUNICATIONS
The City Council values your comments. The public comment period allows people to address the Council on matters not on the agenda. Speakers will be limited to 3 minutes each. Please know that pursuant to the Brown Act, the Council cannot discuss or take action on items not listed on the agenda. The Council may respond to statements.
XIV. DATES OF FUTURE MEETINGS
XV. CLOSED SESSION
XVI. CLOSED SESSION REPORTS
XVII. ADJOURNMENT
Other than items continued or tabled to a date certain, the Council may, by majority vote, continue all matters not completed by 10:30 p.m.
DOCUMENTS RECEIVED AFTER PUBLICATION OF THE AGENDA
XI-A. Email from Gregory Daggett.
XII-A. Lien List from City Staff.