5) Regarding another proposal, but relevant to this matter in terms of procedure, Item #2 on the September 22 agenda for the DRC stated that, "The Zoning Administrator adopted a Negative Declaration and approved Coastal Development and Conditional Use Permits on September 13, 2004." Is th.is a typo? If not, please clarify and cite under what specific legal authority the Zoning Administrator is permitted to adopt Negative Declarations, approve Coastal Development and Conditional Use Permits.
Your statement that "LUDG controls what projects have a discretionary permitting process and which do not" is incorrect. The California Environmental Quality Act is controlling law as to this process. As you know, it is important that the City has a legally defensible position with regard to CEQA and it's implementation with LUDG. [Section 4- 0101]
We understand that you feel our involvement in this "non-project" is premature. Our intent, however, is firstly, to clarify the planning process for permitting CEQA projects; and secondly, to guide the project to a harmonious development that is compatible with the historical character of our Bayside community. We want to avoid development that could become a nuisance which jeopardizes the health, welfare and safety of our neighborhood and community or would incur undo harm (financially or otherwise) to the developer, the City, our neighborhood ru:id the larger community.
Please respond to us in writing at P.O. Box 185, Bayside, CA 95524 as soon as possible. Given the degree of focus by the developer, City and community on this proposal, we fully expect this development to move into the formal planning process soon and would appreciate your prompt response by November 12, 2004.
Sincerely,
The Bayside Neighbors whose Names and Addresses follow.
Grover L. Bowman,
Marna Bowman,
Alice Flocchini,
David Johnson,
Chris Morse,
Jim Froland,
Marsha Dave
Jan O'Neil,
Audrey Slifert,
Kevin Frank,
Nicole Frank,
Susan McPherson,
Jude Power,
David Fix,
Angela Koken,
Raymond Glover,
Michael Kunz,
Laurynda Allison,
Jess Walls
Pat Dillm
Kathleen St
Lorraine He
Robert He
Laura Dow
DallasE. H
GlendaJ. H
Darsty Mc
JohnMcAf
Lisa Bro
Kevin Jo
Larry Sehl
Rob Ehrli
Tara Moss
Carl Bice,
cc: City Council
Planning Commission
Design Review Commission
Dan Hauser, City Manager
Nancy Diamond, City Attorney
Kasey Ashley, Regional Water Quality Control Board
Mark Verhey, Humboldt County Department of Environmental Health
1 Exhibit 3: City of Arcata NOEs Posted to CEQAnet Since 2009 SCH Number Type
Lead/Public
Agency Received Title
2025030868 NOE City of Arcata 3/20/2025 Plunkett Road Watermain and Booster Pump Replacement
2024071088 NOE City of Arcata 7/29/2024 Arcata Community Forest Trail 9.5 Project 2024060029 NOE City of Arcata 6/3/2024 2019 Waterline Replacement Project 2024040297 NOE City of Arcata 4/5/2024 Arcata Corporation Yard Fence Replacement and Trail Enhancement
Project
2024020850 NOE City of Arcata 2/22/2024 US 101 and Sunset Interchange Project 2024010261 NOE City of Arcata 1/11/2024 Arcata Library Improvement Project 2023120748 NOE City of Arcata 12/28/2023 Arcata Ball Park Improvement Project 2023100138 NOE City of Arcata 10/4/2023 City of Arcata Valley West Dog Park 2023060339 NOE City of Arcata 6/12/2023 City of Arcata Inflow and Infiltration Reduction Project
2023020678 NOE City of Arcata 2/28/2023 Margaret Lane Trailhead Improvements 2023020677 NOE City of Arcata 2/28/2023 City of Arcata Bloomfield Park Improvement Project
2022060716 NOE City of Arcata 6/30/2022 Brown Design Review 2019080313 EIR City of Arcata 11/25/2019 Arcata Community Health Center 2019100565 NOE City of Arcata 10/29/2019 lsakson's Design Review for an Affordable Housing Project
2019048307 NOE City of Arcata 4/15/2019 2019 Waterline Replacement Project
2 SCH Number Type
Lead/Public
Agency Received Title
2019038057 NOE City of Arcata 3/5/2019 Sandi and Scott Hunt Design Review and Modified Vision Clearance
2018098357 NOE City of Arcata 9/17/2018 J. Myers Design Review 2016108240 NOE City of Arcata 5/14/2018 Inflow and infiltration Reduction Project Phase 5 (project); Clean Water State
Revolving Fund (CWSRF) No. C-06-8127-
110
2018058044 NOE City of Arcata 5/3/2018 Myers Design Review Permit 178-056-DR 2017058369 NOE City of Arcata 5/19/2017 Arcata Slurry Seal Project on Sections of West End Road and Giuntoli Lane
2016128231 NOE City of Arcata 12/16/2016 Water Planet Design Review/Lot Line Adjustment/Minor Use Permit
2016108240 NOE City of Arcata 10/19/2016 Inflow and infiltration Reduction Project - Phase 5
2016078101 NOE City of Arcata 7/11/2016 (Forsyth) Arcata Community Forest Expansion 46 Acres
2016028150 NOE City of Arcata 2/11/2016 Jolly Giant Creek (Lima) Arcata Community Forest Expansion-20 Acres
2015118126 NOE City of Arcata 11/12/2015 City of Arcata: Arcata Ridge Trail Phase III -- Fickle Hill Segment
2015078285 NOE City of Arcata 7/16/2015 City of Arcata: Arcata Dam No. 27 (Jolly Giant) Dam Repair and Modifications
2014078022 NOE City of Arcata 7/1/2014 Arcata Community Forest Addition/Humboldt State University Forest
(Upper Jacoby Creek)
3 SCH Number Type
Lead/Public
Agency Received Title
2013118194 NOE City of Arcata 11/25/2013 Pacific Gas & Electric (PGE)(Arcata 1122 12kV Underbuild Project) Coastal
Development Permit. File #134-001-CDP
2013098216 NOE City of Arcata 9/17/2013 City of Arcata Parking Lot Low Impact Development Retrofit
2013068202 NOE City of Arcata 6/17/2013 City of Arcata Parking Lot Low Impact Development Retrofit
2013018056 NOE City of Arcata 1/10/2013 Janes Creek Trail: Meadows Loop 2013018057 NOE City of Arcata 1/10/2013 Community Forest Humphry Acquisition 2013018055 NOE City of Arcata 1/10/2013 Arcata Ridge Trail Phase I -- Samuels Loop Trail
2013018019 NOE City of Arcata 1/7/2013 Community Forest Humphry Acquisition 2012078207 NOE City of Arcata 7/19/2012 Bayside Lift Station Relocation/Repair 2012048372 NOE City of Arcata 4/30/2012 Demolition of the Church of Jesus Christ of Latter Day Saints Meeting House
2011038307 NOE City of Arcata 3/29/2011 Schmidbauer Forest Acquisition 2011038123 NOE City of Arcata 3/11/2011 City of Arcata Morris Forest Acquisition 2010088368 NOE City of Arcata 8/30/2010 Janes Creek Drainage Maintenance Project 2010088174 NOE City of Arcata 8/12/2010 Stromberg Forest Acquisition 2010088175 NOE City of Arcata 8/12/2010 Janes Creek Reed Canary Gass Control Project
2010078027 NOE City of Arcata 7/6/2010 Buttermilk Lane-Samoa Blvd. Overlay Project
2010058107 NOE City of Arcata 5/13/2010 City of Arcata Urban Greening Demonstration Project
4 SCH Number Type
Lead/Public
Agency Received Title
2010048172 NOE City of Arcata 4/15/2010 City of Arcata Energy Efficiency and Conservation Block Grants
2010018098 NOE City of Arcata 1/7/2010 Acquisition - Arcata Ridge Trail 2009118112 NOE City of Arcata 11/17/2009 City of Arcata Morris Forest Acquistion 2009098224 NOE City of Arcata 9/22/2009 City of Arcata Acquisition - Arcata Ridge Trail
2009058030 NOE City of Arcata 5/14/2009 Alliance Road Rehabilitation and Overlay Project
2009058018 NOE City of Arcata 5/13/2009 Alliance Road Rehabilitation and Overlay Project
2009048296 NOE City of Arcata 4/27/2009 City of Arcata Janes Creek Forest Easement and Access Plan
2009048204 NOE City of Arcata 4/16/2009 City of Arcata Sunset Creek Daylighting 2009038291 NOE City of Arcata 3/30/2009 7.5 kW PHotovoltaic System at the Alliance Pump Station
2009038120 NOE City of Arcata 3/12/2009 Sunny Brae Forest Land Acquisition
Linda S. Adams
Secretary for
Environmental Protection
Arnold
Schwarzenegger
Governor
California Regional Water Quality Control Board
North Coast Region
Bob Anderson, Chairman
www.waterboards.ca.gov/northcoast
5550 Skylane Boulevard, Suite A, Santa Rosa, California 95403 Phone: (877) 721-9203 (toll free) • Office: (707) 576-2220 • FAX: (707) 523-0135 California Environmental Protection Agency
Recycled Paper
May 27, 2009
Mr. Dan Johnson
KD Investments
5251 Ericson Way
Arcata, CA 95521
Dear Mr. Johnson:
Subject: Review and Comments on Storm Water Sampling Results for March, 2009 and Second Request for a Revised Workplan for Soil Removal File: Roger’s Garage (Former), 1622 Old Arcata Road, Arcata, California Case No. 1NHU804
Regional Water Board staff (Staff) reviewed the Roger’s Garage, Former (Site) Storm Water Sampling Results for March, 2009 (Report) and provides the following comments on data evaluation and the continuation of storm water runoff exceeding applicable water quality objectives.
Staff reviewed the results of the storm water samples from the roof collected on March 15, 2009 and the samples for the drainage inlets (DI) collected on March 3, 2009. Our review noted that the areas of the highest elevated copper and zinc in storm water run off are from areas that are not influenced by any sampled building roofs.
As you are aware, storm water discharges continue to contain copper and zinc that exceed water quality objectives for the receiving waters and Best Management Practices (BMP) have been proposed and implemented. The current additional BMP proposed for the site is designed to prevent storm water contact or runoff from the areas of elevated metals concentration. The proposal consists of the installation of waterproof, 12 millimeter thick, ultraviolet light resistant tarps to cover three areas identified in the Report. The proposal also includes the collection of storm water samples during the first storm event that produces runoff during the next storm water season.
Staff concurs with the proposed BMPs and requests that the surface water runoff sampling be consistent with the current practice of sampling an initial storm water runoff and an additional storm water sample during the “rainy’ season.
Exhibit 4
e
Mr. Johnson -2- May 27, 2009
California Environmental Protection Agency
Recycled Paper
An additional item of concern to the Regional Water Board staff is the response to our January 26, 2009 letter which requested that a revised workplan and implementation schedule. The workplan is to incorporate the steps necessary to comply with the Title 27 requirements for the Site for discharges of waste to land. On March 3, 2009, Mr.
Sean Armstrong stated in an email that “…a great deal of discussion over whether we are legally obligated to cleanup the site in the absence of plans for the site, discharge to groundwater or discharge to storm water.” As the current and all historical storm water sampling results indicate, there is a continued discharge of contaminated storm water that is impacting waters of the State. Staff has never concurred with a premise that cleanup of the Site will be only be associated with development.
Staff has diligently worked with you in the installation of the various proposed BMP since 2005. Staff does not concur that the storm water discharges are small and extremely close to compliance. The California Water Code, and Title 27 clearly indicate that the current property owner is responsible to cleanup and abate discharges from sites. This includes Roger’s Garage (Former). We again request the submittal of the revised workplan to incorporate the steps necessary to comply with the Title 27 requirements and the time schedule for implementation to our agency by June 30, 2009.
Staff concurs with your request for the installation of additional BMPs and looks forward to receiving your Title 27 evaluation by June 30, 2009. The results of the next storm water sampling activities needs to be submitted within 30 days of the sampling date and no later than January 2, 2010. Section 13267 of the California Water Code contains the authority for these requests.
Please contact me at (707) 576-2802 if you have any questions.
Sincerely,
Robert B. Dickerson
Environmental Scientist
052009_RBD_RogersGarage_Stormwatersampling0309.doc
cc: Tom and Katy Allen,
Suerie and Sam McNeill,
Rick and Susan Benoit,
Susie Van Kirk,
Kimberly Roscoe,
Patricia Morse,
Suellen Lowry and Paul Hibschman,
Iris Schencke,
Rick St. Charles and Lisa Monet,
Ms. Jude Power and David,
Mr. Johnson -3- May 27, 2009
California Environmental Protection Agency
Recycled Paper
John Triska,
Susan Brater,
Orrin Plocher, Freshwater Environmental Services,
Tom Conlon, City of Arcata,
Eric Grantz, Principal, Jacoby Creek School Charter District, Rich & Gail Paselk,
Ms. Angela Koken,
Ms. Kathleen Stanton,
Kevin Hoover, Arcata Eye,
From: Dickerson, Robert@Waterboards
To: "[email protected]"
Subject: RE: 1NHU804 - Roger"s Garage, 1622 Old Arcata Rd. Bayside CA 1NHU804 Date: Tuesday, July 18, 2017 11:05:18 AM
Hi Marina –
Following up on our phone discussion yesterday:
The owner is still required to conduct the remediation. It does not depend upon the use/zoning of the property unless the site has met the cleanup goals. For lead in soil, the initial cleanup goal was background of 31 parts per million (ppm). We still use background or the following screening levels for residential use (80 parts per million, ppm) and for commercial/industrial use (320 ppm).
Call or email if you need anything else.
Thanks.
rob
Robert B. Dickerson
Engineering Geologist
California State Water Resources Control Board - North Coast Region Point Source Control and Groundwater Protection - Cleanups Unit Healthy Watersheds Effective Regulation Strong Partnerships From: Marina Shibanova [mailto:[email protected]] Sent: Wednesday, July 12, 2017 10:05 AM
To: Dickerson, Robert@Waterboards <[email protected]> Cc: Songmi Sweet <[email protected]>
Subject: 1NHU804 - Roger's Garage, 1622 Old Arcata Rd. Bayside CA 1NHU804 Hi Rob,
I left you a message about this. Based on the 5/25/05 metals excavation workplan, a soil investigation and cleanup were required due to a potential development of the site. At that time, the owner was planning to construct Montessori and EduCare preschools with a playground portion remaining unpaved. This development never materialized. Based on the available GeoTracker history, the latest soil excavation and storm water samplings were completed in 12/2009.
I need clarification on the following: since the site is not being developed, is the owner required to Exhibit 5
complete the clean up? Per City of Arcata planning department, the property is currently zoned Commercial Mixed District and is in compliance with current operations on the site. Per property’s owner, even if there is a land contamination, the cleanup is required only if the owner begins developing the property, specifically for a residential use. The property is in compliance as long as there is no residential development.
Thank you!
marina shibanova
commercial assistant relationship manager III
humboldt commercial banking center
office: 707-269-3116
fax: 707-445-0950
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This message, including any attachments, may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation.
Exhibit 6
Verification of Environmental Review & Land Use Entltlements TO THE APPLICANT: Submit this form to the Agency or Department of local government responsible for administration of the items Usted. This form may be submilted to more than one Agency or Department. ii r,41c:9ss.a,y AppI,Can/s neeg qnly subm,ton2 cqmplp(fO'. rpm, 0,1 /oci!li'/y If the NEPA Responsible Entity is ho/ a loc.al QOWJtf'lmenl, submit a copy ol this form lo the appropriate NEPA Responsible Entity If an item is not required, inelude the reason why in the box provided.
Applicant
Entily Name C~y ot Arcata Applicanl Type I City
Address J 706 F Street CttyJ Arcata JState JCAZip J 95521 Rental Project or Navigation Center
Proj&ct Name Roger's Garage J Project County I
Address 11622 & 1632 Old Arcata Road Cityl Arcata JStata I CA Zip I 95521 Census Tract 9 APN I 500-191-002 Census TraclJ 9 JAPN 500-191-020 Environmental Review
To the Local Jurisdiction or NEPA Responsible Enl/lJI: The Applicant named above will submit an apf)ication to tha Slate of Calilomla, Department of Housing and Community Development, requeS/ing funding for the project named above under the PLHA Program. Projects will be evaluated based upon readiness Please answer the foRowing questions:
Is this Rental Project or Navigation Center al)l)(oved "by-riohr? Yes This form must be completed in ils entirely regardless of the answer to the preceding question Alt Envlronmontal Clearances NEPA and Not Required for Has II Negative Final Date of Publtc Date(s) EIR Certified I Dale Appea.l Period Havo any appeals Caltfomla Environmental Quality Act this Project Doclaratlon been Comment Period Notice of Ends baenfiled? (CEQAI nocessary to begin construction: 1ssuoa1 Determination lllell NEPA Not Required No NIA N/A NIA No
CEQA Not Required No NIA NIA NIA NO
In the box below, explain why any items are not required and include documentation. if epplicabfe.
Based on our current understanding, lhe project will qualify for a Class 32 Infill exemption per CEOA Guidelines Sec 15032 The project is a by-right usa in the Commercial MixedUse zoning district.
Signature Block for Environmental Review
I certify that the Information on this form Is true and correct to the best of my knov.1edge. JDale: 613/24 Printed name of party David Loya Signature of party
comple~ng form: completing form: ~ .,,::
---- Title of party completing Community Development Director/Zoning Administrator Agency and/or Dept name: Clly of Arcata. Community Development Dept form:
Agency/Dept Address I 736 F Street lcityl Arcata !Stale ICA Zip I 95521 File Name: Aclh to Use Grant Funds For National Environmentel Policy Act (NEPA) only, provide a copy of Iha HUD 7015 16 Uploaded to HCO? N/A "Authority To Use Grant Funds" or clarify current status of the issuance of HUD form.
File Name: Environmental Provide a copy of all environmental clearances or Nofce of Exemption Uploaded to HCD? Yes File Name: Environmental Verify Provide a PDF copy ol lhisworksheel mh the wet sig,ature of the person(s) complellng the Uploaded lo HCD? Yes Environmental Review Land Use Entltlemenls (Indicate below the status of I/le fol/owing local epprova/s) All necessary and discretionary public land use Nol Required forthis Projecl is eonsislent wilh loca1 An Application has been submilfed, Dale approvals except building permits and other ministerial Project planning documents & zoning accepted and deemed complete for Approved approvals are: Ofdinanoes processing General Plan Amendment: Nol Requtrea
Site Plan Review: Requi"ed Ve• No
Zonino Approval: Not Required
Conditional Use Permits: Nol Required
Density Bonus: Not Required
Other Variances:
Olher variances:
Other Variances:
Other Variances:
Other Variances:
In the box below, explain why any ilems are not required and include documentation, ii applicable:
A General Plan Amendment is not required because the land use designation allows lhe project type A CUP is not required because lhe project is principally pesmilled Densily bonus i, not required baciuse tho propoeod donsity will bo consistent w;th lhe Genorol Pion Sito pion review is a design reviow conduclcxf by tho Plonning Commission Howovor, due to the Housing Accouitabilily Act, lhe City's authority is limited to conlirmlng that the project comports with the objedive design stanaroards • the C~y may nol reduce the size of the project or add conditions ct approval lhst prohibit Ille projecl's full ruild oul based on objective standards Signature Block for Land Use Entillements
I certify that tne Information on 1n1s rorm Is true ana correct to tne best or my know1ee1ge. !Date: 613124 Printed name of party Oavidloya Signature or party
~ ~ - completing form: compfeting form: - Tilla or party completing Communily Development Director/Zoning Administrator Agency and/or Dept name: City of Arcata, Communily Development Dept, fonn:
Agency/Oepl Address 1736 F Street I City I Arcata Stale I CA Zip I 95521 File Name: Land Use Verify Provide a PDF copy ol lhls sheel wilh lhe wet signature or the person(s) co,.,.,leting lhe Land Uploaded to HCD7 Ye, Use Entitlement& seetion PLHA Page 1 of 1 Env & Land Use
--
North Coast Regional Water Quality Control Board
April 29, 2025
Mr. Dan Johnson
The Danco Group
5251 Ericson Way
Arcata, CA 95521
djohnson@danco group.com
Dear Mr. Johnson:
Site: Roger’s Garage (Former), 1622 Old Arcata Road, Arcata, California Case No. 1NHU804 (CR No. 2010044)
Subject: Status of Site Monitoring, Cleanup and Redevelopment Efforts and Requirement to Submit Reports
The North Coast Regional Water Quality Control Board (Regional Water Board) oversees the environmental cleanup case for this former auto repair shop and wrecking yard. I last met with your representative McKenzie Dibble at the site in September 2024, along with representatives from the City of Arcata. Ms. Dibble said that an additional assessment had been carried out but was unsure if the report was finalized, and I asked that the report be sent to my office when it was complete. After inquiring with the City of Arcata in late March 2025, I was told that a Phase I and Phase II site assessment had been submitted to the City as part of a plan package. City staff then forwarded me both the completed Phase I and Phase II reports, dated July 1 and June 23, 2024, respectively. These reports are now posted on the State’s public Geotracker website.
As the property owner, Danco is legally a responsible party for the release of hazardous substances at this site and obligated to provide timely updates on the progress of site characterization, remediation efforts, and ongoing monitoring. This responsibility and our authority to request it is pursuant to California Water Code sections 13267 and 13304, which states that responsible parties are required to investigate, monitor, and remediate waste discharges that pose, or may pose, a threat to water quality or human health and the environment, and to furnish technical reports to the Regional Water Board as requested. Because this is a known contaminated site, it is mandatory that we are alerted when work is planned and that we be sent all environmental reports generated in a timely fashion.
Exhibit 7
Water Boards
HECTOR BEDOLLA, CHAIR I VALERIE QUINTO, EXECUTIVE OFFICER 5550 Skylane Blvd., Suite A, Santa Rosa, CA 95403 I www.waterboards.ca.gov/northcoast
GAVIN NEWSOM
GOVFANOP
YAN 4 GARC IA
~F1'; ~FTAAY FOR
=.'H.'HONM:::Nll'\L ..JHOkCI ION
Former Rogers Garage - 2 - April 29, 2025
Therefore, to ensure the Regional Water Board maintains an accurate understanding of current site conditions, corrective actions, and planned redevelopment activities, we request that you provide bimonthly status updates going forward, in a letter format transmitted to us via email. Each update should, at a minimum, include:
• A summary of any site activities conducted since the last update. • Updated soil, soil vapor, or groundwater data, if applicable. • An outline of planned future investigation or remediation actions. • Identification of any challenges or delays and proposed solutions.
Please submit your first status update by May 30, 2025, which will be uploaded to Geotracker. Failure to comply with this request may subject you to enforcement actions, including the issuance of formal orders or administrative civil liabilities under the authority of the California Water Code.
If you have any questions regarding this request or need clarification regarding reporting requirements, please contact me at [email protected] or at (707) 543-7128.
Sincerely,
Tom Magney
Engineering Geologist
cc: McKenzie Dibble, [email protected]
Norm Crawford, Humboldt County Environmental Health,
[email protected]
Kelsey Fletterick, City of Arcata, [email protected] Doug Culbert, [email protected]
David Loya, [email protected]
Netra Khatri, [email protected]
Emily Sinkhorn, [email protected]
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
PREPARER: Rhiannon Lewis-Stephenson, Executive Assistant/Deputy City Clerk DATE: May 21, 2025
TITLE: Consider Introducing Ordinance No. 1579, An Ordinance of the City Council of the City of Arcata Adding Article 11 to Title IV, Chapter 2, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person.
RECOMMENDATION:
It is recommended that the Council introduce Ordinance No. 1579, An Ordinance of the City Council of the City of Arcata Adding Article 11 to Title IV, Chapter 2, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person; waive reading of the text and consent to read by title only.
INTRODUCTION:
Nitrous oxide, commonly used as a medical anesthetic and a propellant in whipped cream dispensers, is increasingly misused as a recreational inhalant. Its unregulated sale and misuse, particularly by youth, presents an urgent public health concern. This ordinance aims to address the availability and misuse of nitrous oxide by establishing comprehensive regulations for its sale, possession, and distribution in the City of Arcata.
This ordinance reinforces the City's commitment to protecting the health and safety of its residents by limiting access to substances known to cause harm when misused, while preserving access for legitimate purposes.
BACKGROUND:
Nitrous oxide, also known as "laughing gas," is a colorless, nonflammable gas that has both legitimate and illegitimate uses. While it is widely used in food preparation and medical or dental care, it has also gained popularity as a recreational inhalant.
Despite existing state laws prohibiting inhalation for intoxication purposes and restricting sales to minors, the product remains easily accessible in large quantities and is frequently misused in unsupervised and unsafe ways. This has become a growing public health concern in the City of Arcata, particularly among young people.
The recreational use of nitrous oxide, particularly among adolescents, is linked to a range of severe health risks including nerve damage, cognitive impairments, psychosis, and in some cases, death. A 2025 study published in The Lancet found that youth as young as 14 can suffer irreversible
neurological damage from recreational nitrous oxide use. In Humboldt County, the 2021–2023 California Healthy Kids Survey reported that 11% of 7th and 11th grade students had used inhalants, with evidence of initiation occurring as early as 5th grade.
Nitrous oxide is often sold in small metal cylinders or “whip-its,” which are readily available in smoke shops and convenience stores, including near schools and public recreation areas. The lack of clear regulatory authority for local jurisdictions to manage retail sales of nitrous oxide has contributed to increased access and normalization of its recreational use.
DISCUSSION:
Ordinance No. 1579. seeks to close existing legal loopholes by establishing a local prohibition on the sale, offer, distribution, or provision of nitrous oxide and related devices, except in cases where the product is:
1. Used in food products as a propellant.
2. Administered for legitimate medical or dental purposes under supervision of licensed practitioners.
3. Dispensed by a licensed pharmacy or pharmacist.
4. Distributed by a wholesaler or manufacturer regulated under specified NAICS codes.
Violations of the ordinance will be treated as misdemeanors, subject to penalties including fines or jail time, and may also be enforced through nuisance abatement or administrative citation processes already established in the Arcata Municipal Code.
The ordinance is modeled on similar efforts in California cities and counties and is intended to protect community health without placing an undue burden on businesses engaged in lawful sales of unrelated products.
If introduced, the Ordinance would be brought back for adoption by the Council at the next regular meeting. It would go into effect 30 days thereafter.
BUDGET/FISCAL IMPACT:
There is no anticipated significant fiscal impact associated with adoption of this ordinance.
Enforcement may be conducted within existing staffing and budgetary allocations.
RECOMMENDED COUNCIL ACTION:
1. Open the Public Hearing.
2. Receive a staff report presentation and review questions with staff.
3. Open public comment.
4. Close public comment.
5. Motion to introduce Ordinance No. 1579, An Ordinance of the City Council of the City of Arcata Adding Article 11 to Title IV, Chapter 2, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person; waive reading of the text and consent to read by title only.
ATTACHMENTS:
A. Ordinance No. 1579
ORDINANCE NO. 1579
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA
ADDING ARTICLE 11 TO TITLE IV, CHAPTER 2, MAKING IT UNLAWFUL FOR ANY
PERSON IN THE CITY TO SELL, OFFER, DISTRIBUTE, OR PROVIDE NITROUS
OXIDE TO ANY PERSON
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARCATA AS FOLLOWS:
WHEREAS, nitrous oxide use continues to be an urgent public health challenge; and WHEREAS, medical authorities have linked the recreational use of nitrous oxide to serious health problems, including physical illness, mental illness, injury, and even death and
WHEREAS, nitrous oxide continues to gain popularity at an alarming rate, especially among college-aged, high school-aged, and middle school-aged children; and WHEREAS, nitrous oxide has legitimate purposes, including its use in cooking and cake decorating, and is commonly known to boost performance in automobiles. However, nitrous oxide has found its way to illegitimate purposes as an intoxicating drug; and WHEREAS, the California Penal Code, Section 381b, makes it a misdemeanor for anyone to intentionally inhale or ingest nitrous oxide for the purpose of causing intoxication, and anyone who is so intoxicated is also guilty of a misdemeanor; and WHEREAS, the California Penal Code, Section 381c, makes it a misdemeanor to sell or distribute nitrous oxide to anyone under the age of 18 (unless administered by and for medical or dental purposes by a licensed practitioner); and WHEREAS, the California Penal Code, Section 381e, requires that anyone dispensing or distributing nitrous oxide must inform the purchaser that it is a violation of state law to knowingly distribute or dispense nitrous oxide to a person who intends to breathe, inhale, or ingest it for the purpose of intoxication; and
WHEREAS, in spite of the state law prohibitions, there are loopholes that allow the distribution of nitrous oxide cartridges in quantities of many hundreds at a time without meaningful oversight, which puts members of the community at risk; and WHEREAS, eliminating the sale and distribution of nitrous oxide in the City of Arcata will reduce the number of persons in possession of and who use nitrous oxide as an intoxicating drug and will promote the public health, safety, and welfare; and WHEREAS, the City has the affirmative duty to protect the health, safety, and welfare of all its citizens and takes nitrous oxide abuse seriously.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCATA FINDS AND ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are all true and correct and are hereby adopted as findings of the City Council.
SECTION 2. The Arcata Municipal Code is hereby amended to add Article 11, entitled “Nitrous Oxide Regulations”, Section 4290, entitled “Sales of Nitrous Oxide,” to Chapter 2, “Other Violations”, Title IV, “Public Welfare, Morals and Conduct”, to read as follows:
SEC. 4290 Sales of Nitrous Oxide.
A. Definitions. The following words and phrases as used in this section are defined as follows.
1. Device. “Device” means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide.
2. Nitrous Oxide. “Nitrous oxide” means the colorless nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also called, “laughing gas.”
3. Person. “Person” refers to any individual or other entity howsoever organized or constituted.
B. Sale or Distribution of Nitrous Oxide. It is unlawful for any person not otherwise exempted under this section, to sell or attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.
C. Exceptions. This Section does not apply to the sale, offer, distribution, or other manner of providing nitrous oxide, or a device that contains any quantity of nitrous oxide, in the following circumstances:
1. If the nitrous oxide is contained in a food product for use as a propellant.
2. If the nitrous oxide is being administered for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.
3. If the nitrous oxide or device is being dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036, and 4037, as may be amended, in the course of their duties
as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
4. This Section shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS).
D. Violations and Penalties. Any person violating this chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the county jail of up to six months or by a fine of one thousand dollars ($1,000.00), or both in accordance with Section 1200 of the Arcata Municipal Code.
The City Council further declares that any condition caused or permitted to exist in violation of any of the provisions of this chapter constitute a public nuisance in accordance with Section 1201 of the Arcata Municipal Code. The City may require abatement of such nuisance and recover costs of abatement as provided by law.
The City may also impose administrative citations for violations of this chapter in accordance with the City’s Administrative Citations provisions set forth in Article 2 – Administrative Citations, Title 1 – General Provisions, of the Arcata Municipal Code.
SECTION 3. CEQA DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 4. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 5. PUBLICATION. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Humboldt County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
SECTION 6. EFFECTIVE DATE. This Ordinance will be effective 30 days after the date of its adoption by the City Council.
DATE: ____________
ATTEST: APPROVED:
City Clerk, City of Arcata Mayor, City of Arcata
CLERK’S CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of Ordinance No.1579, passed and adopted at a regular meeting of the City Council of the City of Arcata, Humboldt County, California, held on the ___ day of___, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
City
Clerk, City of Arcata
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Doug Culbert, Deputy Director of Environmental Services––Streets and Utilities PREPARER: Doug Culbert, Deputy Director of Environmental Services––Streets and Utilities DATE: May 21, 2025
TITLE: Consider Introducing Ordinance No. 1578, An Ordinance of the City Council of the City of Arcata Amending Chapter 3, Water, of Title VII, Public Works, of the Arcata Municipal Code.
RECOMMENDATION:
It is recommended that the Council introduce Ordinance No. 1578, An Ordinance of the City Council of the City of Arcata Amending Chapter 3, Water, of Title VII, Public Works, of the Arcata Municipal Code; waive reading of the text and consent to read by title only.
INTRODUCTION:
Ordinance No. 1239 became effective on August 4, 1995, which updated the Arcata Municipal Code related to backflow prevention and cross-connection control for the City’s drinking water system. In July 2024 the California State Water Resources Control Board, exercising its authority under the California Safe Drinking Water Act, adopted regulations in the Cross Connection Control Policy Handbook (CCCPH) to establish enforceable standards applicable to California Public Water Systems (PWSs). The Policy Handbook also provides the basis for regulating the use and management of cross-connection control programs and backflow prevention assemblies, and related requirements for supporting programs and policies.
Environmental Services staff recommends adoption of a new ordinance amending the City’s municipal code to comply with the regulations of the CCCPH and codify the rules and procedures in the City’s Cross-Connection Control Program to be congruent with the newly adopted regulations in the CCCPH.
BACKGROUND:
The current Arcata Municipal Code refers to the outdated regulatory handbook and does not include regulatory aspects newly required by the State. The City’s Cross Connection Control Program (CCCP) is designed to maintain the safety and potability of the water in the City of Arcata’s Public Water System (PWS) by establishing rules and procedures to prevent the contamination of public drinking water by the backflow of water or other fluids. The purpose of the CCCP is to protect the public water supply from the possibility of contamination by isolating contaminants which could backflow or back-siphon into the public water system within its customers’ internal distribution system. This program will also promote the elimination or control of cross-connections, actual or potential, between its customers’ private drinking water system(s) and anything that could contaminate or pollute it and provide for the maintenance of a cross-connection control program to
effectively prevent the contamination or pollution of all drinking water systems. This ordinance will give the City’s updated CCCP the authority it needs to be enforceable under the conditions of the new State-adopted Cross-Connection Control Policy Handbook.
DISCUSSION:
The CCCPH was adopted in July 2024 and Publicly Owned Water Systems subject to the new policy must be compliant with the policy by July 1, 2025. Environmental Services staff have reviewed the new regulations and updated the City’s Cross Connection Control Plan to meet the requirements of the CCCPH. Under the new regulations, the City is required to appoint a certified Cross-Connection Control Program Coordinator (CCCPC) who is responsible for the protection of the public potable water distribution system. The City has provided training for staff to obtain Cross Connection Control Specialist certification which is mandatory to serve as the CCCPC.
POLICY IMPLICATIONS:
The ordinance, if adopted, will bring the City into compliance with the State Water Resources Control Board’s Cross Connection Control Policy Handbook.
ENVIRONMENTAL REVIEW (CEQA):
The proposed ordinance amendments clarify definitions and rationale, roles and responsibilities, and standards to implement an existing program designed to protect the municipal water supply from contamination. The amendments do not impose new requirements that would alter the baseline impacts associated with the existing program. Because the program is intended for the protection of the environment by reducing the likelihood of draining the municipal water system to flush contaminants, which would impact natural resources, and because the amendments do not change the baseline associated with the existing regulatory program, the proposed action does not have the potential to have a significant effect on the environment and qualifies for the common sense exemption (CEQA Guidelines 15061(b)(3)).
BUDGET/FISCAL IMPACT:
This ordinance will have minimal impact on the City’s Water Fund, and all costs pertaining to carrying out the updates in this ordinance have been budgeted within the Water Fund for this current fiscal year.
RECOMMENDED COUNCIL ACTION:
1. Open the Public Hearing.
2. Receive a staff report and review Council questions with staff.
3. Open public comment.
4. Close public comment.
5. Motion to introduce Ordinance No. 1578, An Ordinance of the City Council of the City of Arcata Amending Chapter 3, Water, of Title VII, Public Works, of the Arcata Municipal Code; waive reading of the text and consent to read by title only.
ATTACHMENTS:
A. Ordinance No. 1578
ORDINANCE NO. 1578
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING CHAPTER 3, WATER, OF TITLE VII, PUBLIC WORKS, OF THE ARCATA
MUNICIPAL CODE
WHEREAS, The California State Water Resources Control Board (the State Water Board), exercising its authority under the California Safe Drinking Water Act (SDWA), adopted regulations in the Cross-Connection Control Policy Handbook (CCCPH) to establish enforceable standards applicable to California Public Water Systems (PWSs); and WHEREAS, amendments to Articles 2 and 16, Chapter 3(Water), of Title VII (Public Works), are necessary for the City of Arcata to comply with the regulations of the CCCPH.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCATA DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 7632, 7633, and 7634 are hereby added to Article 2 (Definitions), Chapter 3 (Water), Title VII (Public Works), of the Arcata Municipal Code as shown in the following double underscore text:
SEC. 7632 Backflow Prevention Assembly (BPA)
A device or means designed to prevent backflow or back-siphonage.
SEC. 7633 Public Water System (PWS)
A system that provides water for human consumption to 15 or more connections or regularly serves 25 or more people daily for at least 60 days out of the year, specifically the “City of Arcata.” SEC. 7634 Cross Connection Control Program Coordinator (CCCPC) The official, or their delegated representative, in charge of the Public Water System, who is invested with the authority and responsibility for the implementation of an effective crossconnection control program and for the enforcement of the provisions of this ordinance.
SECTION 2. Sections 7976, 7977, 7978.1, 7978.2, 7978.3, 7978.4, 7978.5, and 7978.6, of Article 16 (Backflow Prevention), Chapter 3(Water), Title VII (Public Works), of the Arcata Municipal Code are hereby amended as shown in the following strike through and double underscore text:
SEC. 7976 Purpose and Policy
Pursuant to the Safe Drinking Water Act Amendments of 1986, Public Law 99-339, and the California Code of Regulations, Title 17, Public Health, the City of Arcata as a water supplier has primary responsibility for preventing water from unapproved sources or any other substance from entering and thereby contaminating the public potable water system. Accordingly, the purpose of this ordinance is to: prevent backflow from occurring by requiring the installation of backflow prevention assemblies at residential, commercial and industrial cross-connections where
the potential for contamination exists. The type of assembly required will be commensurate with the degree of hazard posed by the specific potential contamination.
1. Protect the public water supply of the Public Water System for the possibility of contamination by isolating contaminants which could backflow or back-siphon into the public water system within its customers’ internal distribution system(s);
2. To promote the elimination or control of the cross-connections, actual or potential, between its customers’ in-plant drinking water system(s) and anything that could contaminate or pollute it; and
3. Provide for the maintenance of a cross-connection control program to effectively prevent the contamination or pollution of all drinking water systems.
To meet this goal, this Ordinance adopts as its cross-connection control program, industry standards for the design, construction, installation, maintenance, inspection and repair of backflow prevention assemblies as developed by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California and described in the Cross Connection Control Policy Handbook, Standards and Principles for California’s Public Water Systems, (further referred to as the “Policy Handbook”), Adopted by the California Environmental Protection Agency on December 19, 2023 and became effective on July 1, 2024. Said industry standards are updated regularly and satisfy the statutory requirements referenced herein for backflow prevention.
SEC. 7977. Implementation.
The Director of Environmental services ("Director"), or designee, shall be responsible for implementing this Ordinance. The Department of Environmental Services shall employ at least one (1) person trained in cross-connection control. Cross Connection Control Program Coordinator (CCCPC): Pursuant to Article 3.13 of the Policy Handbook, the City of Arcata must designate at least one individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross-connection control program.
Pursuant to Article 3.4.2(b), the CCCPC must have valid certification as a Cross-Connection Control Specialist (CCCS) from a certifying organization recognized by the State Water Board.
The CCCPC shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollution through the water service connection. The CCCPC shall develop a plan for thorough cleaning or flushing of the system to minimize the risk of drawing contaminants into uncontaminated areas.
SEC. 7978.1. Cross-Connection Control Standards.
The City hereby adopts as its program for cross-connection control, all standards, guidelines and requirements set forth in the most current edition of the Manual of Cross-Connection Control prepared by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California Policy Handbook. The design, construction, installation and maintenance of backflow prevention assemblies shall be in accordance with Article 3 in said the Manual Policy Handbook. The Policy Handbook provides the basis for regulating the use and
management of cross-connection control programs and backflow prevention assemblies (BPAs) in Public Water Systems (PWS), and related requirements for supporting programs and policies.
Activities or uses outside of the scope of the authority of the State Water Board to regulate PWS are not regulated by the Policy Handbook, including California Plumbing Code requirements and definitions not related to PWS. Said Manual is generally updated every eighteen months or two years, hence The water user shall be responsible for following the standards, guidelines and requirements of the appropriate edition the Policy Handbook. A copy of said Manual the Policy Handbook shall be on file with the CCCPC Director and available for public use. To the extent any provision is inconsistent with regulations adopted by the State Department of Health Services and located in California Code of Regulation, Title 17, the provision found in Title 17 shall control.
SEC. 7978.2. Director’s Cross Connection Control Plan Coordinator’s Discretion.
In the event a particular cross-connection or unapproved water source is not governed by the requirements and provisions of the Manual of Cross-Connection Control the Policy Handbook, the CCCPC Director shall determine whether a backflow prevention assembly is necessary to protect the City’s water supply and, if so, the level of protection needed. Said determination shall be made in the best judgment of the CCCPC Director and in accordance with the standards set forth in the Manual of Cross-Connection Control Policy Handbook.
If the CCCPC determines at any time that a serious threat to public health exists, the water service shall be terminated immediately.
Sec. 7978.3 Approved Backflow Prevention Assembly Requirement.
If, in accordance with the Manual of Cross-Connection Control Policy Handbook Article 3 or in the CCCPC Director’s judgment, an approved backflow prevention assembly is required for the safety of the City’s water system, the CCCPC Director’s shall give notice in writing to the owner of the premises where the cross-connection exists of the backflow prevention assembly requirement. An approved backflow assembly is a backflow prevention device that has been:
1. Manufactured to allow for accurate testing and inspection so as to allow verification of performance; and
2. tested and approved by a recognized agency using standards from California Plumbing Code Section 603.2.
If the water use is domestic/residential, the Director PWS shall install said backflow prevention assembly. If the water use is commercial/industrial, the owner of the property and owner of the commercial/industrial enterprise shall be responsible, jointly and severally, to ensure that an approved backflow prevention assembly is immediately installed at his, her or their own expense. Failure, refusal, or inability to install such assembly immediately, and in no case more than thirty days after notice, shall constitute grounds for discontinuing water service to the premises until compliance with this Ordinance is achieved.
Sec. 7978.4 Approval of Backflow Prevention Assemblies.
All backflow prevention assemblies, whether installed by the City water user, or owner of property shall be assemblies approved by the CCCPC Director or a person or entity who is competent and possesses the necessary facilities and certifications, as determined by the CCCPC Director, to investigate and evaluate backflow prevention assemblies and is employed independently of backflow prevention assembly manufacturing companies.
Sec. 7978.5 Certified Annual Inspection and Testing.
A. Annual Inspection and Testing: Pursuant to Article 3.3.3 of the Policy Handbook, Aat least once per year the CCCPC Director shall conduct, or cause to conduct, a certified inspection and operational test of each backflow prevention assembly installed. In those instances where the CCCPC Director deems the degree of hazard to warrant more frequent testing, he/she may perform, or cause to perform, certified testing and inspection of the backflow prevention assembly as necessary. The City of Arcata Director shall immediately repair or replace, or cause to repair or replace, defective backflow prevention assemblies located at domestic/residential water services within 30 days of notification of the failure. If the water use is commercial/industrial, the owner of the property or owner of the commercial/industrial enterprise shall be responsible, jointly and severally, for repair or replacement of defective backflow prevention assemblies within 30 days of notification of the failure. Extensions of this 30 day period may be granted by the CCCPC on a case-by-case basis considering the justification. However, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question. The owner of a commercial/industrial enterprise may assume responsibility to conduct or cause to conduct the required inspection and testing by following the procedure specified in Section 7978.5(B). For BPAs tested by a third-party tester, backflow prevention assembly testers are required to notify the PWS as soon as possible within 24 hours if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. PWS must immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed, and water service must not be restored to that user premises until the PWS receives a confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the PWS.
B. Alternative Procedure for Commercial/Industrial: As an alternative to the CCCPC’s Director’s undertaking to conduct inspection and operational testing required herein, the owner of a commercial/industrial enterprise may conduct, or cause to conduct, the inspection and operational testing after providing written notice to the CCCPC Director at least five (5) business days in advance, specifying the date, time and person or entity expected to conduct the inspection and test. Pursuant to Article 4, section 3.4.1 of the Policy Handbook, inspection and testing must be conducted by an American Waterworks Association a certified backflow tester from a certifying organization recognized by the State Water Board. The CCCPC Director reserves the right to observe the testing or inspection. If the CCCPC determines any procedural irregularity exists, he/she may conduct or cause to conduct an additional inspection and test, at the owner’s expense.
Written inspection, test and/or repair results must be provided to the CCCPC Director in a timely fashion. Backflow prevention assemblies shall be repaired or replaced immediately upon discovery of a defective condition.
The CCCPC shall inform the owner in writing of any failure to comply, and the time allowed for the correction to be made. If upon re-inspection the owner has not complied, the CCCPC may allow an additional 30 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second re-inspection, the CCCPC will inform the owner, by certified letter, that the water service to the owner’s premises will be terminated within a period not to exceed five days. In the event that the owner informs the CCCPC of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the CCCPC.
Sec. 7978.6 Record Keeping.
The CCCPC Director shall maintain records of locations, tests and repairs of backflow prevention assemblies pursuant to Article 5 section 3.5.1 of the Policy Handbook.
SECTION 3. Section 7978.7 (Backflow Charges and Fees) of Article 16 (Backflow Prevention), Chapter 3 (Water), Title VII (Public Works) of the Arcata Municipal Code is hereby recodified as Section 7978.8, Chapter 3 (Water), Title VII (Public Works).
SECTION 4. Section 7978.7 is hereby added to Article 16 (Backflow Prevention), Chapter 3 (Water), Title VII (Public Works) of the Arcata Municipal Code as shown in the following double underscore text:
Sec. 7978.7 Bypass of Fire Lines Prohibited
Fire lines are meant for use for fire suppression only. The bypassing of the Double Check Detector Assembly (DCDA) on fire lines for the purpose of operating the fire line as an unmetered water source is prohibited and subject to penalties up to and including disconnecting of service for the fire line.
SECTION 5. Section 7978.8 (Collection by Suit) of Article 16 (Backflow Prevention), Chapter 3 (Water), Title VII (Public Works) of the Arcata Municipal Code is hereby recodified as Section 7978.9.
SECTION 6.
SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 7.
California Environmental Quality Act (CEQA). The proposed ordinance amendments clarify definitions and rationale, roles and responsibilities, and standards to implement an existing program designed to protect the municipal water supply from contamination. The amendments do not impose new requirements that would alter the baseline impacts associated with the existing program. Because the program is intended for the protection of the environment by reducing the likelihood of draining the municipal water system to flush contaminants, which would impact
natural resources, and because the amendments do not change the baseline associated with the existing regulatory program, the Arcata City Council finds the proposed action does not have the potential to have a significant effect on the environment and adopts the common sense exemption (CEQA Guidelines 15061(b)(3)).
SECTION 8.
LIMITATION OF ACTIONS. Any action to challenge the validity or legality of any provision of this ordinance on any grounds shall be brought by court action commenced within thirty (30) days of the date of adoption of this ordinance.
SECTION 9.
EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage, provided it is published pursuant to Government Code section 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.
DATE:
ATTEST: APPROVED:
City Clerk, City of Arcata Mayor, City of Arcata
CLERK’S CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of Ordinance No. 1578, passed and adopted at a regular meeting of the City Council of the City of Arcata, Humboldt County, California on the __ day of _____, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
City Clerk, City of Arcata