CITY OF ARCATA
CITY COUNCIL MEETING
COUNCIL CHAMBER JULY 17, 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. in person with Mayor Matthews presiding. Notice of this meeting was posted on July 12, 2024. PRESENT: Matthews, Stillman (arrived at 5:36 p.m.), Atkins-Salazar, Schaefer, White.
ABSENT: None. STAFF PRESENT: City Manager Diemer.
PUBLIC COMMENT
Mayor Matthews invited public comment.
Joanne McGarry shared her experience of the community appreciating her Earth flag attire and spoke in favor of the Earth flag being flown on top.
Dave Meserve thanked the City Attorney for agreeing that the case was unlimited after the appeal had been originally rejected. He said that it was the Council's choice with how to proceed and stated that it was something to be proud of to have the Earth flag flying on top.
Mayor Matthews closed the public comment period.
The Council retired to the City Manager's Conference Room to meet in closed session.
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.
The City Council met in closed session in the City Manager's Conference Room.
The Council returned to the Council Chamber at 5:57 p.m.
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.
Mayor Matthews reported that the Council acknowledged that the appeal had been filed and the Council's goal had been to seek guidance from the court as to the legality of the flying of the Earth flag on top. She said that they would continue to seek that guidance through friendly litigation in the appeals court. She said that during this period, the Council did not feel July 17, 2024
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comfortable reordering the flags as it would be against a written court decision by a local judge.
She said that the motion for this had passed with a four-to-one vote.
ADJOURNMENT
The meeting was adjourned at 6:01 p.m.
REGULAR MEETING
A regular meeting of the City Council of the City of Arcata was held on the above date at 6:01 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 July 12, 2024.
PRESENT: Matthews, Stillman, Atkins-Salazar, Schaefer, White. ABSENT: None. STAFF PRESENT: City Manager Diemer, City Attorney White, City Attorney Goldstein, Director of Community Development Loya, Human Resources/Administrative Services Director Vink, Finance Director Miller, Deputy Director of Community Development Dart, Deputy Director of Environmental Services-Community Services Benvie, IT and Digital Media Specialist Carrillo, Planner I Fletterick, Program Coordinator Freitas, 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 Recognizing July 2024 as Parks & Recreation Month.
Councilmember Schaefer read the proclamation and presented it to Sheldon Heath, Chairperson of the Parks and Recreation Committee, who thanked the Council for supporting the City's parks.
REPORT BY COMMISSION/COMMITTEE
A. Annual Report from the Parks and Recreation Committee.
Sheldon Heath, Chairperson of the Parks and Recreation Committee, gave an oral version of the Committee's Annual Report.
COUNCIL AND STAFF REPORTS
Councilmember White congratulated the Director of Community Development for the HUD Pathways to Removing Obstacles to Housing Grant award. She reported on her attendance at an Arcata Marsh cleanup hosted by Humboldt Pet Supply, a meeting of the Homelessness Services Working Group, and a three-day Arcata Community Emergency Response Team training. She shared that she had been invited by the Wiyot Tribal Leader Michelle Vassal to discuss North Arcata on the radio show, Dishgamu Humboldt.
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Councilmember Stillman reported that she had been doing many things.
Councilmember Matthews shared that she would have the honor of chairing the Board of Directors for the Humboldt Waste Management Authority for the next year and said that she would be traveling to the Democratic National Convention as a delegate.
Councilmember Atkins-Salazar reported the cancellation of the next Board of Directors meeting for the Humboldt County Association of Governments on July 18, 2024. She reported on her attendance at a meeting of the Board of Directors for the California County Association of Governments. She thanked the Arcata Chamber of Commerce for administering the June 15, 2024, Oyster Festival and the 2024 Fourth of July Jubilee, she explained that she had received positive community feedback for both events.
Councilmember Schaefer reported that the meeting of the Board of Directors for Redwood Coast Energy Authority had been cancelled. She spoke about the rural electronic charging program a new vehicle charging stations coming to Arcata. She reported on her attendance at a showing of "Big Yellow" regarding the first trip to the Arcata Sister City, Camoapa. She announced the upcoming I Block Party to be held on September 2, 2024.
EARLY ORAL COMMUNICATIONS
Mayor Matthews invited public comment.
There was no public comment.
CONSENT CALENDAR
Mayor Matthews invited public comment.
Joanne McGarry said that she was curious about the parcel real property negotiations and asked for specification of what was happening on that item.
Mayor Matthews closed the public comment period.
City Manager Diemer explained that the parcel was in the Valley West and Valley East neighborhood, she spoke about an upcoming grant and said that the they were engaging to see if there was a possibility for this.
ON MOTION BY SCHAEFER, SECONDED BY WHITE, AND WITH A UNANIMOUS
VOICE VOTE, THE COUNCIL ADOPTED THE CONSENT CALENDAR FOR JULY 17, 2024, AS PRESENTED. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
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.
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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.
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, Mid-Management, 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.
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OLD BUSINESS
A. Consider Approval of the Gateway Area Plan, Gateway Code, and the Program Environmental Impact Report.
Councilmembers Atkins-Salazar and Stillman recused themselves and left the Chamber at 6:24 p.m.
Director of Community Development Loya thanked the Community Development staff and the agencies that had worked on these items. He explained that the three council members who were not recused would be looking at approving the Environmental Impact Report Certification by adopting Resolution No. 234-47, followed by adopting resolution No. 234-48, and introducing an ordinance for the Gateway Area Code. Director Loya noted that there would be several follow up items which would include the Community Benefited Program, an inclusionary zoning ordinance, a citywide zoning update, and to adopt form-based codes in infill opportunity zones.
He explained that the guidance received from the Council at the May 29, 2024, City Council meeting had been incorporated and was included in the July 17, 2024, version of the Gateway Area Plan that they were looking at. He outlined the next steps of adopting the balance of the General Plan and bringing the Gateway Area Code ordinance back at the August 7, 2024, City Council meeting for adoption.
Councilmember Schaefer offered language updates for Implementation Measure GA-7.5 to include "Linear Park and Woonerf Planning", "initiate planning for a Linear Park and Woonerf to L Street", and "The plan should include integration to areas of woonerf for access for development while also preserving open space".
BY GENERAL CONSENSUS, THE CITY COUNCIL DIRECTED STAFF TO CHANGE THE LANGUAGE IN POLICY IMP-GA-7.5 FROM "SAMOA TO ALLIANCE" TO "SAMOA TO 11TH".
On inquiry by City Manager Diemer, Councilmember White confirmed that she would like to see "an extension of L Street" removed from Block B in Table 4: Primary Opportunity Sites on
Councilmember Schaefer requested to add the language "and open space" to policy GA-6d, and to update the language to be from "Samoa Boulevard to 11th Street" regarding the designation of a linear park.
Councilmember White expressed concern regarding the enhanced setbacks and stepbacks on the parkways.
Mayor Matthews opened the public hearing.
James Becker thanked the Council for designating a Linear Park. He expressed his concern about the latest General Area Plan draft and how it would impact the L Street Linear Park, he said that it left open space susceptible to being paved over.
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Colin Fiske, from the Coalition for Responsible Transportation Priorities (CRTP), voiced CRTP's support of the Gateway Area Plan and encouraged the Council to adopt it.
Gregory Daggett requested that the Grand Jury report to be addressed regarding fire safety, said that there would be a conflict with the Land Use Element if the Gateway Area Code was passed, and reiterated concerns regarding building height.
Sherri Starr spoke in favor of the protection of 7th Street to Samoa from the woonerf concept.
She thanked the Council for their consideration of setbacks and stepbacks along L Street.
Joanne McGarry expressed her concern regarding the planning process. She said that the Fire District was taking a big risk because of the City and spoke in favor of three-story buildings with a functional rooftop.
Fred Weis requested that the woonerf shown on 6th Street be made into a greenway and spoke in favor of enhanced upper floor setbacks being expanded to the entire length of the L Street corridor. He advocated for specific limits for the woonerf on the L Street corridor as an immediate decision.
Cody Freitas, from the Operating Engineers No. 3 (OE3), voiced the OE3's support of the Gateway Area Plan. He said that local infill was the way to go while sprawl would cause degradation in the area.
An unidentified speaker explained that he owned a local business that would be able to move into the area at a new location and provide services to the community due to the proposed zoning regulations in the Gateway plan.
Mayor Matthews closed the public comment period.
The Council participated in lengthy discussion regarding meeting the requests of the Arcata Fire District in regard to the fire standards. No action was made as a result of the discussion.
On inquiry by Councilmember White, Director Loya confirmed that the requested fire safety language was in the Gateway Code per the Council's request at a prior meeting but that it could not take effect until the Arcata Fire District adopted an ordinance with the same language.
Director Loya informed the Council that the directed changes from the Council at prior meetings had been incorporated into the Gateway Code, he highlighted the sections regarding Ministerial Review and Fire Safety.
SCHAEFER MOVED TO ADOPT RESOLUTION NO. 234-47, CERTIFYING.
Due to an interruption in the Chamber, the motion was not completed and died due to a lack of a second.
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Councilmember White said that there was a concern from a public speaker that she would like to address.
RECESS: The Council recessed from 7:29 p.m. to 7:33 p.m.
Mayor Matthews stated that she would reopen the public comment period to provide opportunity to speak on the form-based code.
City Attorney White explained that this would be the last chance to make public comment regarding any of the five items listed in the recommendation.
James Becker referred to circulation under Section 2, he expressed his concern that the language would allow for open spaces to be paved over in that area.
Gregory Daggett asserted that the Arcata Fire District's requests were not being addressed properly and that it should be done before moving forward.
Sherri Starr shared her concerns regarding form-based code Barrell District master plan Item C, Circulation, she said she felt the language could be just about anything.
Fred Weis shared his concerns regarding the EIR, said that there was inadequate bike parking, voiced his concerns regarding inclusionary zoning, and spoke in favor of having some electric vehicle charging in the Gateway Area Plan.
Mayor Matthews closed the public hearing.
Director Loya responded to concerns regarding the Barrell District, he emphasized that there was no way that the road network amendment would pertain to roads or trails elsewhere.
ON MOTION BY SCHAEFER, SECONDED BY WHITE, AND WITH A THREE-TOZERO VOICE VOTE WITH TWO ABSENCES, THE COUNCIL ADOPTED RESOLUTION NO. 234-47, CERTIFYING THE GENERAL PLAN AND GATEWAY CODE ENVIRONMENTAL IMPACT REPORT; ADOPTED RESOLUTION NO. 234-48, ADOPTING THE GATEWAY AREA PLAN; INTRODUCED 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 AND TO WAIVE READING OF THE TEXT AND CONSENT TO READ BY TITLE ONLY; AND CONFORMED ANY CROSSREFERENCES WITH THE CHANGES THAT WERE MADE DURING THE JULY 17, 2024, CITY COUNCIL MEETING AND ALLOWED TO MAKE ANY GRAMMATICAL OR TYPOGRAPHICAL CHANGES. AYES: MATTHEWS, SCHAEFER, WHITE.
NOES: NONE. ABSENT: STILLMAN (RECUSED), ATKINS-SALAZAR (RECUSED), ABSTENTIONS: NONE.
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B. Consider Adoption of the General Plan Comprehensive Update with the Exception of the Gateway Area Plan.
Councilmembers Atkins-Salazar and Stillman reentered the Chamber at 7:44 p.m.
Director of Community Development Loya acknowledged the efforts that the Planning Commission had made on the General Plan, he explained that acknowledgments were included in the General Plan for those who had worked on both the 2020 and 2045 General Plans.
BY GENERAL CONSENSUS, THE COUNCIL DIRECTED STAFF TO CHANGE THE LANGUAGE IN POLICY AQ-2D OF THE AIR QUALITY ELEMENT TO STATE "DESIGN ARCATA'S HIGHEST TRAVELED ARTERIALS TO MINIMIZE VEHICLE MILES TRAVELED. DESIGNING ROADS PRIORITIZED FOR ALTERNATIVE AND
NON-MOTORIZED MODES RESULTS IN FEWER VEHICLE MILES TRAVELED AND OFFER ALTERNATIVES TO DRIVING IN PERSONAL VEHICLES".
Councilmember Atkins-Salazar recommended changing the language in policy PS-14 of the Public Safety Element from "such as Mobile Intervention and Services Teams (MIST)" to "for in field mental health response".
Councilmember Stillman requested that the language in policy D-2a of the Design Element be updated to ensure that streets were not closed down on a regular basis.
On inquiry by Councilmember Schaefer, Councilmember Stillman agreed that including "for special events" should be used at the end of the sentence.
Mayor Matthews opened the public hearing.
Fred Weis said he appreciated the acknowledgments, that Paul Pitino's name was spelled incorrectly, and that he would like to see a table included to reflect Electric Vehicle charging station requirements.
Colin Fiske with CRTP encouraged keeping the language regarding the Plaza open for consideration in the future for closure to vehicular traffic. He spoke in favor of adoption of the General Plan.
Gregory Daggett spoke about risk for fire and response volumes needed for fires, he recommended taking water volume into consideration. He said the plan failed in regard to parking.
Joanne McGarry spoke about future planning in terms of climate change and the need for adaptation. She spoke in favor of climate change being a top priority and shared her concerns regarding building height.
Mayor Matthews closed the public hearing.
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Councilmember White noticed that her name was missing from the acknowledgments page as a Planning Commissioner.
Director Loya confirmed that staff would add Councilmember White's name.
Councilmember Stillman recommended checking to make sure all the names were listed accurately.
ON MOTION BY STILLMAN, SECONDED BY ATKINS-SALAZAR, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 234-49 ADOPTING THE GENERAL PLAN 2045 COMPREHENSIVE UPDATE EXCEPT FOR THE GATEWAY AREA PLAN. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT: NONE. ABSTENTIONS: NONE.
On inquiry by City Clerk Varley, City Attorney White confirmed that no additional language was needed in the motion since the changes made for this item during the meeting were nonsubstantiative.
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.
Director of Environmental Services Sinkhorn explained the process in regard to delinquent garbage bills and that it was ultimately the property owner's responsibility to make sure they were paid otherwise the amounts due would become liens on the properties and be collected by the County with property taxes. She recommended adopting the resolution and explained that the attached list of liens would be updated since the property owners had through July 31, 2024, to pay their outstanding balance without having a lien put on their property.
Mayor Matthews opened the public hearing.
No public comment was received.
Mayor Matthews closed the public hearing.
ON MOTION BY STILLMAN, SECONDED BY ATKINS-SALAZAR, AND WITH A UNANIMOUS VOICE VOTE, THE COUNCIL ADOPTED RESOLUTION NO. 245-05 DELINQUENT GARBAGE ACCOUNT FEES 2023. AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES: NONE. ABSENT: NONE.
ABSTENTIONS: NONE.
B. 1) Appoint Merritt Perry as City Manager; and 2) Approve the Agreement for Employment, City Manager.
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Human Resources/Administrative Services Director Vink explained that many qualified candidates applied for the position, and after a thorough process, Merritt Perry was selected to be the next City Manager of the City of Arcata. She gave a background of Mr. Perry's qualifications and accomplishments. She noted that pursuant to the Municipal Code, the City Council would need to appoint the City Manager to be the administrative head of the City and approve his employment contract.
Mayor Matthews shared that it had been an exhaustive search and she was looking forward to the fresh perspective that Mr. Perry would bring.
Mayor Matthews opened the public comment period.
Merritt Perry shared that he was excited to work with the City, he explained that he had felt drawn to working with the City of Arcata since he was a student at Humboldt State University and that he had taken every opportunity throughout his career to do work in Arcata. He thanked the Council for the opportunity.
Joanne McGarry welcomed Mr. Perry and said she was curious about the process of members from the community being involved in the recruitment. She congratulated City Manager Diemer.
Fred Weis acknowledged City Manager Diemer's service over the years. He said that everyone he had talked to was looking forward to Mr. Perry becoming the City Manager.
Gregory Daggett said he hoped the items he had addressed over the years would be acknowledged and welcomed Mr. Perry.
Mayor Matthews closed the public comment period.
ON MOTION BY ATKINS-SALAZAR, SECONDED BY STILLMAN, AND WITH A
UNANIMOUS VOICE VOTE, THE CITY COUNCIL APPOINTED MERRITT PERRY AS CITY MANAGER FOR THE CITY OF ARCATA EFFECTIVE AUGUST 19, 2024; AND APPROVED THE AGREEMENT FOR EMPLOYMENT, CITY MANAGER.
AYES: MATTHEWS, STILLMAN, ATKINS-SALAZAR, SCHAEFER, WHITE. NOES:
NONE. ABSENT: NONE. ABSTENTIONS: NONE.
ORAL AND WRITTEN COMMUNICATIONS
Mayor Matthews invited public comment.
Joanne McGarry spoke in favor of positioning the Earth flag next to the public speaker podium, referenced a Cal Poly Humboldt banner that she had found, and requested that similar banners with the Earth image be made and displayed.
Gregory Daggett said he felt that people had given up in public engagement, he said that the Planning Commission had changed meeting times and hosted special meetings which made it so the public would not want to participate.
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Fred Weis said he thought it was surprising how few people attended meetings. He provided critiques of the Director of Community Development and said there had been causes for a small amount of public participation.
Mayor Matthews closed the public comment period.
ADJOURNMENT
Mayor Matthews requested that Councilmember White adjourn the meeting.
Councilmember White asked for a moment of silence in honor of four Valley West North Arcata community members who had lost their lives in the last month and a half.
The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
Rhea Varley
City Clerk