CITY OF ARCATA
CITY COUNCIL MEETING
AGENDA
Wednesday, August 5, 2026, 6:00 p.m.
Council Chamber
736 F Street, Arcata
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
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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.
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3. 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.
1. LAND ACKNOWLEDGMENT
2. FLAG SALUTE
3. ROLL CALL
4. CEREMONIAL MATTERS
5. REPORT BY COMMISSION/COMMITTEE
a. Receive Annual Report from the Transportation Safety Committee.
6. STAFF REPORTS
All reports shall be specifically limited to City business and shall not request or lead to action by the Council at this meeting.
a. Receive an Update on the 2026-27 Call for Art and Playhouse Outside Arts Grant from Emily Benvie, Environmental Services Deputy Director, and Jaqueline Dandeneau, Executive Artistic Director of Playhouse Arts.
b. Receive an Update Regarding the Redwood Coast Energy Authority (RCEA) from Executive Director of RCEA, Beth Burks.
7. ORAL AND WRITTEN COMMUNICATIONS [EARLY - TIME LIMITED] 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 12 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.
8. N/A
9. 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. Approval to Waive Reading of the Text and Consent to Read by Title Only for Any Ordinance on this Agenda.
b. Approve the Minutes of the City Council Special Meeting of July 15, 2026. c. Approve the Minutes of the City Council Meeting of July 15, 2026. d. Bi-Weekly Report on Disbursements.
August 5, 2026 - City Council Agenda
e. Adopt Ordinance No. 1592, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Residential Rental Inspection Program, of Title VIII, Building Regulations, of the Arcata Municipal Code.
f. Accept Donations for the 2025-2026 Fiscal Year of $10,686.62 from the Friends of the Arcata Marsh and $25,000 from the Humboldt Crabs.
g. Approve a Contract Amendment with Carollo Engineers in the Amount of $240,135 for Engineering Services for the Phase 1 Arcata Wastewater Treatment Facilities Upgrade Project; and Authorize City Manager to Execute All Applicable Documents. h. Make a Continued Finding that Emergency Procurement to Repair Failed Culverts at 4700 West End Road is Necessary; and Authorize the City Manager to Execute All Applicable Documents.
i. Adopt Resolution No. 267-03, A Resolution of the City Council of the City of Arcata Approving the City of Arcata’s Administrative Policy Regarding Usage of Artificial Intelligence; and Authorize the City Manager to Execute All Applicable Documents. j. Adopt Resolution No. 267-07 Authorizing the City Manager to Execute All Agreements and Any Amendments for the Reconnect Arcata Project with the California Department of Transportation.
k. Award Bid for the 2026 Timber Sale of Douglas-Fir and Western Hemlock Logs to North Fork Lumber Company; and Authorize the City Manager to Execute All Applicable Documents.
l. Adopt Resolution No. 267-09 Approving and Authorizing Execution of Purchase and Sale Agreement for Sale of APN Nos. 507-251-039-000 and 507-251-040-000, Located at the Intersection of Belle Falor Court and Ericson Way.
10. OLD BUSINESS
a. Approve a Contract Amendment in the Amount of $1,500,000 to Wahlund Construction, Inc., for Additional Work on Phase 1 of the Arcata Wastewater Treatment Facilities Upgrade Project; and Authorize the City Manager to Execute all Applicable Documents. b. Provide Direction on the Primary Argument in Favor of the Transactions and Use Tax Measure on the November 3, 2026, General Municipal Election Ballot.
11. NEW BUSINESS
a. Ratify the Employment Agreement with Jennifer Dart for the Position of Director of Community Development, for the term of August 16, 2026, to August 16, 2030. b. Award a Contract in the Amount of $161,965 to GHD, Inc., for Environmental Review and CEQA Compliance Services for Future Development of the Happy Valley Site (APN No. 507-081-038); and Authorize the City Manager to Execute All Applicable Documents. c. Introduce Ordinance No. 1593, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Title V of the Arcata Municipal Code to Update the Definition of a “Nuisance,” Change the Nuisance Abatement Hearing Officer to the City Manager, and Allow for the Recovery of Attorney's Fees for Nuisance Abatement.
12. ORAL AND WRITTEN COMMUNICATIONS [CONTINUED]
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 August 5, 2026 - City Council Agenda
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.
13. CITY MANAGER'S REPORT
14. COUNCIL 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.
15. DATES OF FUTURE MEETINGS AND FUTURE AGENDA ITEMS
16. CLOSED SESSION
17. CLOSED SESSION REPORTS
18. 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.
August 5, 2026 - City Council Agenda
- 1 -
City of Arcata Transportation Safety Committee
Annual Report to Arcata City Council
July 2026
Current Committee Members:
- Genevieve Serna, Chair
- Korina Johnson, Vice Chair
- Wendy Ring
- Peggy Martinez
- Jeff Schindler
- Milia Lando
Past Committee Members:
- Mishka Straka (through January)
- Nia Tikoo (through December
Staff Liaisons:
- Netra Khatri, City Engineer
- David Caisse, Assistant City Engineer
- Keith Altizer, Lieutenant, Arcata Police
- Mara Grow, Administrative Specialist
The Arcata City Council created the Transportation Safety Committee (TSC) following the adoption of Ordinance Number 1292, effective June 18, 1999. The Committee's primary function is to review transportation-related matters and make recommendations to the City Council, Commissions, and City staff regarding transportation safety, mobility, and infrastructure improvements.
Between October 2025 and July 2026, the TSC held 4 Regular Meetings (January, March, April, May) and 1 Special Meeting (October). Meetings were held in person and provided opportunities for committee members, City staff, partner agencies, and members of the public to discuss transportation safety concerns, review engineering projects, evaluate collision trends, and recommend future improvements. The preparation, review of agenda materials, and participation in these meetings represented approximately 200 hours of combined volunteer and staff service.
Summary of Work Completed
Public Written and Oral Communication
The Committee served as a forum for residents’ concerns, which included:
• Requests for additional Rapid Flashing Beacons and enhanced pedestrian crossings. • Continued concerns regarding speeding and pedestrian safety at 11th & Q Streets. • Construction debris and roadway cleanliness; increased street sweeping and contractor accountability.
• Requests for additional bicycle parking, bicycle storage, and bicycle valet.
- 2 -
• Parking concerns associated with student housing near Hinarr Hu Moulik (formerly Craftsman Mall).
Collision Data & Street Story
• Review of Fourth Quarter 2025 and First Quarter 2026 collision reports. • Approximately 30% reduction in reported traffic collisions during Q1 2026. • Continued use of collision trends and Street Story data to prioritize future safety projects.
Current & Planned City Projects
• Highway Safety Improvement Program (HSIP) projects.
• 2026 Annual Paving Project.
• Safe Routes to School improvements including bulb-outs. • Annie and Mary Trail construction.
• Ongoing striping, signing, and multimodal safety improvements.
Policy Development & Committee Recommendations
• Continued implementation discussions related to AB 43, the policy regarding reducing speed limits to 20mph in designated areas.
• Continued review of the Traffic Calming Policy.
• Ongoing discussion regarding updating the 2010 Pedestrian & Bicycle Master Plan. • Public education regarding bulb-outs.
Priority recommendations:
1. Foster Ave. & Alliance Rd. intersection enhancements.
2. Spear Ave. & Alliance Rd. intersection enhancements.
3. 11th St. & Q St. striping and stop sign evaluation.
4. Stripe Q Street fog lines.
5. Stripe sharrows at the Buttermilk Ave./Samoa Blvd. roundabout.
Goals for Next Year (2026–2027)
1. Advance implementation of AB 43 with Subcommittee.
2. Continue updating the Traffic Calming Policy.
3. Support development of an updated Pedestrian & Bicycle Master Plan.
4. Evaluate additional Rapid Flashing Beacon locations.
5. Continue reviewing HSIP (Highway Safety Improvement Program), SAMSIP (South Arcata Multimodal Safety Improvement Plan) and transportation capital improvements.
6. Expand public education regarding roadway safety improvements.
7. Continue collaboration with regional transportation partners.
8. Monitor transportation impacts associated with new development.
9. Continue improving safety for pedestrians, bicyclists, transit users, and motorists.
1 CITY OF ARCATA
SPECIAL CITY COUNCIL MEETING
MINUTES
Date:
Location:
July 15, 2026, 5:30 p.m.
City Manager's Conference Room
736 F Street, Arcata
Present: Vice Mayor Atkins-Salazar, Councilmember Matthews, Councilmember Schaefer, Councilmember Stillman
Absent: Mayor White
Staff Present: City Manager Perry, Assistant City Manager Miller, Deputy Director of Community Development Dart
A special meeting of the City Council of the City of Arcata was held on the above date at 5:30 p.m. with Vice Mayor Atkins-Salazar presiding. Notice of this meeting was posted on July 10, 2026.
_____________________________________________________________________
1. CALL TO ORDER
Vice Mayor Atkins-Salazar called the meeting to order at 5:30 p.m.
2. PUBLIC COMMENT
Vice Mayor Atkins-Salazar invited public comment.
There being none, Vice Mayor Atkins-Salazar closed the public comment period.
3. CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8. Property: Portion of Assessor's Parcel No. 507-081-038. Agency Negotiator: Merritt Perry, City Manager, or City Manager Designee. Negotiating Party: 42 Real Estate.
Under Negotiation: Price and Terms.
The Council met in closed session in the City Manager's Conference Room. b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8. Property: Assessor's Parcel Nos. 507-251- 039 and -040.
2 Agency Negotiator: City Manager Merritt Perry. Negotiating Party: Emran Essa. Under Negotiation: Price and Terms.
The Council met in closed session in the City Manager's Conference Room.
4. CLOSED SESSION REPORTS
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8. Property: Portion of Assessor's Parcel No. 507-081-038. Agency Negotiator: Merritt Perry, City Manager, or City Manager Designee. Negotiating Party: 42 Real Estate.
Under Negotiation: Price and Terms.
The Council entered the Chamber at 5:53 p.m.
RECESS: The Council recessed from 5:53 p.m. to 6:02 p.m.
Vice Mayor Atkins-Salazar stated that there was nothing to report out from this closed session item.
b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8. Property: Assessor's Parcel Nos. 507-251- 039 and -040.
Agency Negotiator: City Manager Merritt Perry. Negotiating Party: Emran Essa. Under Negotiation: Price and Terms.
Vice Mayor Atkins-Salazar stated that there was nothing to report out from this closed session item.
5. ADJOURNMENT
The meeting was adjourned at 6:02 p.m.
Respectfully submitted,
Rhea Varley
City Clerk
1 CITY OF ARCATA
CITY COUNCIL MEETING
MINUTES
July 15, 2026, 6:00 p.m.
Council Chamber
736 F Street, Arcata
Present: Vice Mayor Atkins-Salazar, Councilmember Matthews, Councilmember Schaefer, Councilmember Stillman
Absent: Mayor White
Staff Present: City Manager Perry, Assistant City Manager Miller, City Engineer Khatri, Director of Environmental Services Sinkhorn, Building Official Bishop, Deputy Director of Community Development Dart, IT and Digital Media Specialist Carrillo, City Clerk Varley
A regular meeting of the City Council of the City of Arcata was held on the above date at 6:02 p.m. as a hybrid meeting, via teleconference utilizing Zoom Video Communications and in person, with Vice Mayor Atkins-Salazar presiding. Notice of this meeting was posted on July 10, 2026.
_____________________________________________________________________
1. LAND ACKNOWLEDGMENT
Vice Mayor Atkins-Salazar read a statement acknowledging that Arcata sat on ancestral Wiyot land.
2. FLAG SALUTE
Vice Mayor Atkins-Salazar led the Pledge of Allegiance.
3. ROLL CALL
City Clerk Varley called roll.
4. CEREMONIAL MATTERS
There were none.
5. REPORT BY COMMISSION/COMMITTEE
There were none.
6. STAFF REPORTS
2 a. Receive a Presentation from Arcata Fire District Staff and Consultants Regarding the District's Development Impact Fee Study.
Arcata Fire District (AFD) Chief Chris Emmons introduced AFD Assistant Chief Ross McDonald, AFD Business Manager Anali Gonzalaz, and Blair Aas with SCI Consulting Group, who presented to the Council.
RECESS: The Council recessed from 6:29 p.m. to 6:31 p.m.
7. ORAL AND WRITTEN COMMUNICATIONS [EARLY - TIME LIMITED] Vice Mayor Atkins-Salazar invited public comment.
Public comment: Brenda Perez, Candelaria Ramos, María Corral Rocha, Andrés Curreño, and Stevie.
Vice Mayor Atkins-Salazar closed the oral and written communications [early - time limited] period.
8. N/A
None.
9. CONSENT CALENDAR
Councilmember Matthews requested that Items N and O be removed from the Consent Calendar for further discussion.
Vice Mayor Atkins-Salazar invited public comment.
Public Comment: Joanne McGarry.
Vice Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY SCHAEFER AND WITH A
FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE, THE COUNCIL
ADOPTED THE CONSENT CALENDAR [FOR JULY 15, 2026] MINUS [ITEMS] N AND O. AYES: ATKINS-SALAZAR, MATTHEWS, SCHAEFER, STILLMAN.
NOES: NONE. ABSENT: WHITE. ABSTENTIONS: NONE.
a. Approval to Waive Reading of the Text and Consent to Read by Title Only for Any Ordinance on this Agenda.
b. Approve the Minutes of the City Council Special Meeting Study Session of June 8, 2026.
c. Approve the Minutes of the City Council Special Meeting Study Session of June 15, 2026.
d. Approve the Minutes of the City Council Special Meeting of June 17, 2026. e. Approve the Minutes of the City Council Meeting of June 17, 2026. f. Bi-Weekly Report on Disbursements.
3 g. Make a Continued Finding that Emergency Procurement to Repair Failed Culverts at 4700 West End Road is Necessary; and Authorize the City Manager to Execute All Applicable Documents.
h. Adopt Resolution No. 267-04 Approving the Fiscal Year 2026/27 Annual Report on Stormwater Drainage Maintenance Fee for All Non-Tax-Exempt Parcels and Directing That Said Fee be Collected through the Property Tax Rolls for Fiscal Year 2026/27.
i. Adopt Resolution No. 267-01 Approving the Fiscal Year 2026/27 Annual Report on Measure A Special Tax for All Non-Tax-Exempt Parcels and Directing That Said Fee be Collected through the Property Tax Rolls for Fiscal Year 2026/27.
j. Award a Contract to Ford Logging, Inc. DBA Pacific Earthscape for an Anticipated Amount Not to Exceed $290,000 for the 2026 Timber Harvest; and Authorize the City Manager to Execute All Applicable Documents. k. Award 2026 Timber Sale Contracts to KP’s Custom Milled Redwood (Redwood Logs Greater Than or Equal to 10”) and CW Wood Products (Redwood Logs Less Than 16”); and Authorize the City Manager to Execute Applicable Documents.
l. Adopt Ordinance No. 1587, An Ordinance of the City Council of the City of Arcata Amending Title II of the Arcata Municipal Code Regarding Design Approval Authority for Public Improvement Projects.
m. Adopt Ordinance No. 1588, An Ordinance of the City Council of the City of Arcata Amending Chapter 2 (Sewers) and Chapter 3 (Water) of Title VII (Public Works) of the Arcata Municipal Code to Align Collection Enforcement for Solid Waste, Wastewater, and
p. Award an Agreement with NorthPoint Consulting Group, Inc., for Construction Management Services for the First Street Lift Station Improvement Project for $159,843.10; and Authorize the City Manager to Execute All Applicable Documents.
n. Adopt Resolution No. 267-03, A Resolution of the City Council of the City of Arcata Approving the City of Arcata’s Administrative Policy Regarding Usage of Artificial Intelligence; and Authorize the City Manager to Execute All Applicable Documents.
City Manager Perry responded to inquiries and comments from the Council.
The Council discussed proposed amendments to the policy.
Vice Mayor Atkins-Salazar invited public comment.
Public Comment: Eddie Hurstin.
Vice Mayor Atkins-Salazar closed the public comment period.
4 The Council agreed to table the item and requested that it be brought back at the next meeting.
No Council action was taken on this item.
o. Adopt Resolution No. 267-02 Authorizing Submission of a Local Authority Recommendation Form Requesting that Census Tract 06023001001 be Considered by the State of California for Opportunity Zone Designation.
Deputy Director of Community Development Dart provided a presentation and responded to inquiries and comments from the Council.
MATTHEWS MOVED AND STILLMAN SECONDED TO APPROVE
ITEM O: ADOPT RESOLUTION NO. 267-02 AUTHORIZING
SUBMISSION OF A LOCAL AUTHORITY RECOMMENDATION FORM
REQUESTING THAT CENSUS TRACT 06023001001 BE CONSIDERED
BY THE STATE OF CALIFORNIA FOR OPPORTUNITY ZONE
DESIGNATION.
Vice Mayor Atkins-Salazar invited public comment.
There being none, Vice Mayor Atkins-Salazar closed the public comment period.
THE MOTION PASSED ON A FOUR-TO-ZERO VOICE VOTE WITH
ONE ABSENCE. AYES: ATKINS-SALAZAR, MATTHEWS, SCHAEFER,
STILLMAN. NOES: NONE. ABSENT: WHITE. ABSTENTIONS: NONE.
10. OLD BUSINESS
a. Approve an Amendment to the Contract with Smith Group, Inc., for an Amount Not to Exceed $225,000 for Professional Services for Planning, Community Outreach and Preliminary Concept Design for the Reconnect Arcata Project.
City Engineer Khatri and Senior Project Manager Kadlecik provided a presentation.
Director Khatri and Project Manager Kadlecik responded to inquiries and comments from the Council.
Vice Mayor Atkins-Salazar invited public comment.
Public Comment: Joanne McGarry.
Vice Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY SCHAEFER, SECONDED BY STILLMAN, AND WITH
A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE,THE
COUNCIL APPROVED THE AMENDMENT TO THE CONTRACT
WITH SMITH GROUP, INCORPORATED, FOR AN AMOUNT NOT TO
EXCEED $225,000 FOR PROFESSIONAL SERVICES FOR PLANNING,
COMMUNITY OUTREACH AND PRELIMINARY CONCEPT DESIGN
FOR THE RECONNECT ARCATA PROJECT; AND AUTHORIZED THE
5 CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS.
AYES: ATKINS-SALAZAR, MATTHEWS, SCHAEFER, STILLMAN.
NOES: NONE. ABSENT: WHITE. ABSTENTIONS: NONE.
11. NEW BUSINESS
a. Introduce Ordinance No. 1592, An Ordinance of the City Council of the City of Arcata Amending Chapter 5 (Residential Rental Inspection Program) of Title VIII (Building Regulations) of the Arcata Municipal Code.
Building Official Bishop provided a presentation and responded to inquiries and comments from the Council.
Vice Mayor Atkins-Salazar opened the public hearing.
Public Comment: Joanne McGarry.
Vice Mayor Atkins-Salazar closed the public hearing.
ON MOTION BY SCHAEFER, SECONDED BY MATTHEWS, AND
WITH A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE, THE
COUNCIL INTRODUCED ORDINANCE NO. 1592, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING
CHAPTER 5, RESIDENTIAL RENTAL INSPECTION PROGRAM, OF
TITLE VIII, BUILDING REGULATIONS, OF THE ARCATA
MUNICIPAL CODE; WAIVED READING OF THE TEXT AND
CONSENTED TO BE READ BY TITLE ONLY. AYES: ATKINSSALAZAR, MATTHEWS, SCHAEFER, STILLMAN. NOES: NONE.
ABSENT: WHITE. ABSTENTIONS: NONE.
RECESS: The Council recessed from 7:57 p.m. to 8:02 p.m. b. Approve Plans and Award a Contract in the Amount of $139,370 for the Redwood Park Improvements, Phase 2—Basketball Court Project to Hooven & Co. Inc.; Adopt a CEQA Categorical Exemption; and Approve Necessary and Associated Related Actions.
Director of Environmental Services Sinkhorn provided a presentation.
Director Sinkhorn responded to inquiries and comments from Council.
Vice Mayor Atkins-Salazar invited public comment.
Public Comment: Joanne McGarry.
Vice Mayor Atkins-Salazar closed the public comment period.
ON MOTION BY STILLMAN, SECONDED BY MATTHEWS, AND WITH
A FOUR-TO-ZERO VOICE VOTE WITH ONE ABSENCE, THE
COUNCIL APPROVED THE PROJECT PLANS AND AWARDED A
CONSTRUCTION CONTRACT FOR THE REDWOOD PARK
IMPROVEMENTS, PHASE 2 PROJECT TO HOOVEN & CO., INC. IN
AN AMOUNT NOT TO EXCEED $139,370; AUTHORIZED THE CITY
6 ENGINEER TO INCREASE THE CONTRACT AMOUNT BY UP TO
FIVE PERCENT ($6,968.50, FOR A TOTAL NOT TO EXCEED
$146,338.50) TO ALLOW FOR ANY UNFORESEEN CONTINGENCIES
AND ADDITIONAL WORK AS NECESSARY; APPROVED AN
ADDITIONAL BUDGET APPROPRIATION IN FISCAL YEAR 2026-27
OF $10,000 FROM THE OPEN SPACE, PARKS & TRAILS SPECIAL
TAX FUND RESERVES; ADOPTED A CALIFORNIA QUALITY ACT
(CEQA) CATEGORICAL EXEMPTION FOR THE PROJECT
PURSUANT TO CEQA GUIDELINES, SECTIONS 15301; AND
AUTHORIZED THE CITY MANAGER TO EXECUTE ALL
APPLICABLE DOCUMENTS. AYES: ATKINS-SALAZAR, MATTHEWS,
SCHAEFER, STILLMAN. NOES: NONE. ABSENT: WHITE.
ABSTENTIONS: NONE.
12. ORAL AND WRITTEN COMMUNICATIONS [CONTINUED]
Vice Mayor Atkins-Salazar invited public comment.
Public Comment: Joanne McGarry.
Vice Mayor Atkins-Salazar closed the oral and written communications [continued] period.
13. CITY MANAGER'S REPORT
City Manager Perry provided a report.
14. COUNCIL REPORTS
Presenters: Stillman, Schaefer, Matthews, and Atkins-Salazar.
15. DATES OF FUTURE MEETINGS AND FUTURE AGENDA ITEMS
There were none.
16. CLOSED SESSION
There was none.
17. CLOSED SESSION REPORTS
There were none.
18. ADJOURNMENT
The meeting was adjourned at 8:37 p.m.
Respectfully submitted,
7 Rhea Varley
City Clerk
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Tabatha Miller, Assistant City Manager/Finance Director PREPARER: Matt Morgan, Finance Manager
DATE: August 5, 2026
TITLE: Bi-Weekly Report on Disbursements.
RECOMMENDATION:
It is recommended that the Council approve the report on disbursements listing for the period July 4, 2026, through July 24, 2026
INTRODUCTION:
Pursuant to Section 37208 of the California Government Code, checks drawn in payment of demands certified by the City Finance Director as conforming to the authorized expenditures set forth in the City Council adopted budget need not be audited by the City Council prior to payment but may be presented to the City Council at the first meeting after delivery.
DISCUSSION:
The attached Disbursements Listing lists the checks and electronic payments that have been paid for the period identified above. The Finance Director certifies that the disbursements were drawn in payment of demands conforming to the adopted budget and that these demands are being presented to the City Council at its first meeting after the delivery of the checks and electronic payments BUDGET/FISCAL IMPACT:
The disbursements presented were drawn in payment of demands included within the adopted budget.
RECOMMENDED COUNCIL ACTION:
Approve the report on disbursements listing for the period of July 4, 2026, through July 24, 2026.
Consent Calendar vote.
ATTACHMENTS:
A. Cash Disbursements 7.4.26-7.24.26
STAFF REPORT – CITY COUNCIL MEETING
August 5, 2026
TO: Honorable Mayor and City Council Members
FROM: Netra Khatri, City Engineer
PREPARER: Joe Bishop, Building Official
DATE: August 5, 2026
TITLE: Adopt Ordinance No. 1592, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Residential Rental Inspection Program, of Title VIII, Building Regulations, of the Arcata Municipal Code.
RECOMMENDATION:
It is recommended that the Council:
1. Adopt Ordinance No. 1592, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Residential Rental Inspection Program, of Title VIII, Building Regulations, of the Arcata Municipal Code;
2. Waive reading of the text; and Consent to be read by title only.
INTRODUCTION:
The purpose of the Residential Rental Inspection Program (the “Program” or “RRIP”) is to address the issue of substandard, long-term rental properties, promote greater compliance with existing health and safety standards, and preserve the quality of the neighborhoods and available housing in the City of Arcata (the “City”). The Program provides greater oversight for compliance of health, safety and welfare code violations in/on residential rental properties that can become a threat to the occupant’s safety, a threat to the long-term structural integrity of the building and have a negative impact on the surrounding neighborhoods. The proposed Ordinance updates and clarifies provisions of the Program.
The ordinance was introduced by the Council on July 15, 2026. If adopted on August 5, 2026, it will take effect on September 4, 2026.
BACKGROUND:
For many years, there has been increasing concern about the City of Arcata’s aging housing stock, as well as concerns about illegal dwelling units and unpermitted construction which could pose health, safety, and neighborhood compatibility problems. The current Housing Element adopted by the City Council in 2019 encourages the maintenance of existing housing to prevent deterioration and promotes dwelling lifespan. The Implementation Measures of the Housing Element calls for the City to identify neighborhoods with housing requiring rehabilitation through code enforcement and a rental inspection program.
As part of efforts to address enforcement and nuisance property issues within the City of Arcata, the recently adopted RRIP is seen as another tool to meet the City’s goal of providing housing that meets minimum health and safety standards.
In 2023, Ordinance No. 1552 implemented the RRIP. In 2024, Ordinance No. 1571 amended the RRIP to its current form. As the City continues to assess the RRIP, additional areas for clarification and improvement have been identified.
DISCUSSION:
The proposed Ordinance updates inspection, registration, and fee requirements and makes other nonsubstantive changes to the RRIP. The following are among the substantive proposed amendments to the RRIP:
The proposed Ordinance amends the RRIP to require registration and fee payment each fiscal year, instead of each calendar year, to align with the City Finance Department’s calendar and business license payments.
The proposed Ordinance amends the inspection obligations imposed on property owners and operators.
The proposed Ordinance removes the requirement for properties in the Self-Certification Program to undergo an inspection once every five (5) years, instead allowing one inspection during a five (5) year period.
The proposed Ordinance requires owners or operators of properties in the Self-Certification Program to provide the Self-Certification Checklist annually. The proposed Ordinance amends the fee provisions for properties enrolled in the SelfCertification program, including removal of the one-time Self-Certification Program administrative fee.
The attached proposed Ordinance includes additional amendments to the RRIP.
ENVIRONMENTAL REVIEW (CEQA):
This ordinance is exempt from the California Environmental Quality Act (CEQA) in that the activity is covered under the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment.
BUDGET/FISCAL IMPACT:
Once the ordinance is adopted, staff will update the fee schedule to reflect the proposed changes.
The updated fees will make the program self-sustaining
RECOMMENDED COUNCIL ACTION:
Motion to adopt Ordinance No. 1592, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Residential Rental Inspection Program, of Title VIII, Building Regulations, of the Arcata Municipal Code. Consent Calendar Vote.
ATTACHMENTS:
A. Proposed Ordinance No. 1592 Amending the Residential Rental Inspection Program
ORDINANCE NO. 1592
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA, AMENDING CHAPTER 5, RESIDENTIAL RENTAL INSPECTION PROGRAM, OF
TITLE VIII, BUILDING REGULATIONS, OF THE ARCATA MUNICIPAL CODE The City Council of the City of Arcata does ordain as follows:
Section 1. Chapter 5 (Residential Rental Inspection Program), of Title VIII (Building Regulations), of the Arcata Municipal Code is hereby amended as shown by the following strikethrough for deleted text and bold double underscore for added text (unchanged text is omitted and is shown by three asterisks: “* * *”):
* * *
SEC. 8501. Definitions.
As used in this Chapter, the following terms and phrases are defined as follows:
A. “Building, Housing and Sanitation Codes or Ordinances” shall refer to:
the current codes specified in Title VIII, Building Regulations, Chapter 1, Building Regulations, all as modified, adopted and codified in the Arcata Municipal Code. The phrase “Building, Housing and Sanitation Codes or Ordinances” shall also refer to the City of Arcata Zoning Ordinance as codified at Title IX of the Arcata Municipal Code, and all provisions of California statutory law and the Arcata Municipal Code pertaining to property-related sanitation, health, safety and nuisance, as well as state regulations promulgated pursuant to California statutory law, for which the City has enforcement authority.
* * *
F. “Multifamily Dwelling” shall refer to an existing structure or parcel with three (3) or more dwelling units.
* * *
M. “Rental Dwelling Unit” (RDU) shall mean a building or portion of a building that is rented or leased to tenants for residential purposes on a non-transient basis (when one (1) or more tenants reside on the property or rents or leases the property for thirty (30) consecutive days or longer) and which is owned in whole or in part by a landlord. This shall include but not be limited to single family residences, duplexes, triplexes, apartment houses, townhouse dwellings, condominiums, boarding houses, lodging houses, rooming houses, single room occupancy units, and small ownership units in the City of Arcata.
* * *
SEC. 8502.1. Residential Rental Inspection Program Registration. * * *
D. Registration must be renewed each calendar fiscal year. * * *
SEC. 8502.3. Residential Rental Inspection Program Fees.
A. Each annual registration (or renewal) application for the RRIP shall be accompanied by a nonrefundable annual registration fee in the amount established by resolution of the City Council. The fee shall be used to defray the costs of the administration and enforcement of this Chapter.
* * *
3. If a RDU is enrolled in the Self-Certification Program, the Owner is required to pay a one-time self-certification administrative fee in addition to the RRIP annual registration fee, in the amount established by resolution of the City Council.
B. Annual RRIP feesshall be levied for the calendar fiscal year, and each applicant shall pay for the full calendar fiscal year upon registration.
C. A fee for any missed inspections may be charged by the Director as appropriate in the amount as established by resolution of the City Council.
D. For RDUs which become subject to this Chapter after July 1 of any calendar year, the annual registration fee shall be reduced by one-half for that calendar year.
DE. The RRIP fees required by this Chapter are in addition to and not in lieu of any general business license tax that might be required by Title VI of this Code.
EF. The City Manager or designee may issue a fee waiver for either the registration fee, inspection fee or both on a case-by-case basis.
SEC. 8502.4. Inspections.
In accordance with the requirements of this Chapter, the City shall be authorized to periodically conduct an inspection of RDUs to assure compliance with all applicable Building, Housing and Sanitation Codes and Ordinances. Owners shall provide access to all required areas of an RDU and Property for inspection within thirty (30) calendar days of an inspection request from the City’s Building Division. This time period may be extended upon the approval of the Director or their designee. If the RDU is legally occupied by a tenant or other occupant, the Owner shall notify the tenant or occupant, in accordance with applicable law, and request that
the tenant or occupant allow the inspection. Upon request, the Owner shall provide documentation of the notification and request to the tenant or occupant to allow the inspection.
The Ownershall not be in violation of find alternate paths for compliance with this Chapter if the tenant or occupant refuses to allow the inspection.
SEC. 8502.5. Frequency of Inspections.
A. Initial Inspections. It is the intent of the City that all RDUs shall receive one (1) initial inspection as outlined in this Chapter. After the initial inspection, RDUs that are not eligible for the Self-Certification Program will receive an inspection once every three (3) years, subject to the thirty (30) calendar day notice required by Section 8502.4.
1. RDUs are eligible to participate in the Self-Certification Program shall have a period offive (5) yearsto schedule an inspection; provided, that the RDU’s condition does not deteriorate during that time to the extent that the RDU no longer satisfies the Self-Certification Program eligibility standards set by the Director. Properties in the Self-Certification Program may be subject to inspection with proper notification.
2. Owner-Occupied properties converted to RDUs shall receive an inspection within ninety (90) calendar days of the date of registration unless they are eligible and enrolled in the Self-Certification Program.
B. Subsequent Inspections. If during the initial inspection or any subsequent inspection there are Building, Housing, or Sanitation Code or Ordinance violations, or permit violations, on the Property which prevent the City inspector from issuing a rental housing inspection certification, one (1) or more reinspections of the Property may be required before an RDU is considered to be in compliance.
* * *
SEC. 8503. Self-Certification Program.
Eligible Owners or Operators may apply to be enrolled in the Self-Certification Program. Once approved, the Director shall place the Property on a reduced five (5) year inspection schedule as follows:
A. Properties may be inspected and will be limited to one (1) inspection for a period of five (5) years, provided that the RDU’s condition does not deteriorate during that time to the extent that the Property would no longer meet the Self-Certification Program eligibility standards set forth in Section 8503.1.
B. If violations are found in any one (1) RDU, additional or all the Owner’s RDUs may be inspected.
C. Owners or Operators must conduct a self-inspection of each RDU as set forth in Section 8503.2.
D. Owners or Operators of Properties enrolled in the Self-Certification Program shall pay the nonrefundable annual registration fee as well as the onetime SelfCertification administrative fee, in the amounts established by the City Council. * * *
SEC. 8503.2. Self-Inspections.
In order to remain enrolled in the Self-Certification Program, the Owner or Operator shall conduct annual self-inspections of all the RDUslocated on the Property, including exterior and site conditions, and certify that the conditions at the Property achieve minimum standards for Program participation. The Director will develop a checklist of minimum self-certification standards for the Owner’s or Operator’s use (“Self-Certification Program Checklist”).
A. All information on the Self-Certification Checklist shall be submitted under penalty of perjury. Any person who makes a false statement in the SelfCertification Checklist or submits false information in connection with a SelfCertification Checklist shall be guilty of an infraction. In addition, in the discretion of the Director, the rental housing inspection certification may be revoked and all RDUs on the same Property owned by that Owner may be disqualified from the SelfCertification Program for a period of up to three (3) years.
B. The Owner or Operator shall maintain provide a copy of the signed and dated Self-Certification Program Checklist for each RDU for the five (5) year period and provide said Checklist within seven (7) calendar days upon request by the Director or their designee to the City once per year. Failure to maintain provide complete Checklists may result in disqualification from the Self- Certification Program for all RDUs on the same Property owned by that Owner for a period of up to three (3) years. * * *
SEC. 8504. Enforcement and Noncompliance
A. Failure to Pay Annual Fee. The Director shall add a penalty of twenty percent (20%) of the fee on the first day of the month following the due date and ten percent (10%) for each month thereafter while the fee remains unpaid, provided that the amount of the penalty shall not exceed fifty percent (50%) of the amount of the fee due as established by resolution of the City Council.
* * *
F. In addition to the prescribed penalties above, the Director may choose to utilize the Administrative Citation process set forth in Title I, Chapter 3 of this Code.
* * *
SEC. 8504.4. Change of Ownership.
When ownership of an RDU changes, the RDU seller shall notify, or shall cause the notification to, the Director of the change of ownership no later than sixty (60) calendar days after consummation of the sale. If the Director is not so notified, the existing rental housing inspection certification for the RDU shall automatically terminate and be null and void. The new Owner will not have to pay the program fees until the following calendar fiscal year provided all current fees were paid by for the RDU.
* * *
Section 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid under law.
Section 3. 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 4. CEQA. This ordinance is exempt from California Environmental Quality Act (CEQA) review pursuant to sections 15321, 15301, and 15309 of the CEQA Guidelines and Apartment Association of Greater Los Angeles v. City of Los Angeles (2001) 90 Cal.App.4th 1162.
Section 5. 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. 1592, passed and adopted at a regular meeting of the City Council of the City of Arcata, Humboldt County, California, held on the __ day of _______2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIOS:
City Clerk, City of Arcata
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Emily Sinkhorrn, Director of Environmental Services PREPARER: Brigitte Price, Administrative Specialist
DATE: August 5, 2026
TITLE: Accept Donations for the 2025-2026 Fiscal Year of $10,686.62 from the Friends of the Arcata Marsh and $25,000 from the Humboldt Crabs.
RECOMMENDATION:
It is recommended that the council accept the donations of $10,686.62 from the Friends of the Arcata Marsh (FOAM) for improvements at the Arcata Marsh Interpretive Center and the Arcata Marsh and $25,000 from the Humboldt Crabs for the Arcata Ball Park Improvement Project.
INTRODUCTION:
The City periodically receives donations of cash and/or materials from community organizations and/or individuals. It is City policy to have the City Council formally accept donations greater than $500. Additionally, the Council wishes to acknowledge and thank those individuals, businesses and organizations who contribute to making Arcata a better place to live, work and visit.
BACKGROUND & DISCUSSION:
The City values its partnerships with community-based organizations to enhance public facilities.
FOAM contributed towards several upgrades within the Arcata Marsh Interpretive Center and Arcata Marsh and Wildlife Sanctuary this past fiscal year. The $10,686.62 donation by FOAM covered new blinds, upgraded sound and audio equipment inside the interpretive center, a sign pedestal at Klopp Lake and printed brochures for guests of the Arcata Marsh and Wildlife Sanctuary.
The City and the Humboldt Crabs baseball organization have collaborated on many projects to enhance accessibility and enjoyment at the Arcata Ball Park. In 2024, Arcata Ball Park Improvement Project commenced with renovations completed in May 2025. As part of the funding behind this massive renovation, the Humboldt Crabs organization has pledged $100,000 which will be further supported through a fundraising campaign. The Humboldt Crabs have so far donated $25,000 of their intended pledge to the Arcata Ball Park Improvement Project in January 2026.
BUDGET/FISCAL IMPACT:
The $10,686.62 donation by FOAM offsets the expenses associated with the upgrades within Fund 662 for Wastewater. The $25,000 donation from the Humboldt Crabs offsets some expenses the City incurred from its General Fund 101 for the Arcata Ball Park Improvement Project within fiscal year 2025-2026.
RECOMMENDED COUNCIL ACTION:
Motion to accept the donations of $10,686.62 from the Friends of the Arcata Marsh (FOAM) for improvements at the Arcata Marsh Interpretive Center and the Arcata Marsh and $25,000 from the Humboldt Crabs for the Arcata Ball Park Improvement Project. Consent Calendar vote.
STAFF REPORT – CITY COUNCIL MEETING
August 5, 2026
TO: Honorable Mayor and City Council Members
FROM: Netra Khatri, City Engineer
PREPARER: Mara Grow, Administrative Specialist
DATE: July 27, 2026
TITLE: Approve a Contract Amendment with Carollo Engineers in the Amount of $240,135 for Engineering Services for the Phase 1 Arcata Wastewater Treatment Facilities Upgrade Project; and Authorize City Manager to Execute All Applicable Documents.
RECOMMENDATION:
It is recommended that the Council:
1) Approve a contract amendment with Carollo Engineers, Inc in the amount of up to $240,135 for Post Construction Design and Engineering Services During Construction Services (ESDC) for the Phase 1 of the Arcata Wastewater Treatment Facilities Upgrade Project; 2) Authorize the City Manager to execute all applicable documents.
INTRODUCTION:
Currently entering its fourth year, the Arcata Wastewater Treatment Facilities Upgrade Project is of one of the largest capital improvement projects in the City’s history. The total project cost for Phase 1 of the improvements is approximately $67 million— $2.4 million funded via the Community Development Block Grant (CDBG) program, a small portion via City’s Wastewater Fund, and the remainder funded via the State Water Resources Control Board Clean Water State Revolving Fund (SRF) program.
BACKGROUND:
In June 2022, the City solicited proposals from qualified consulting firms for Engineering Services Design (ESDC) for Phase 1 of the AWTF Upgrade project. The City received only one proposal from Carollo Engineers, the engineer of record for the project. The City entered a contract with Carollo for ESDC, not to exceed $1,932,890, and their work has supported construction of the project since November 2022. In February 2026, the Council approved a contract amendment to increase the contract by $44,390 to add a chlorine demand study to Carollo’s scope of work in order to predict the amount of chlorine that would be necessary to use in conjunction with the newly installed UV disinfection system, in cases of emergency. This revised the contract value to $1,977,080
Currently, the Phase 1 construction project is nearing final substantial completion. However, for the past year staff have been aware of multiple additional tasks/equipment that need attention, including replacement of several existing pumps, valves, and pipes that are failing sooner than originally anticipated, possibly due to increased usage during Phase 1 construction. Furthermore, there are
remaining funds in the SRF budget to construct and support these improvements. Accordingly, staff have sought concurrence from the State Water Board for an extension through June 30, 2027, to allow for design, procurement and installation of the work.
A companion staff report requests approval to amend the construction contract with Wahlund Construction, Inc., for an additional $1,500,000 to cover procurement and installation of these improvements. The proposed Carollo contract amendment for $240,135 would allow for design and ESDC for these improvements. Inclusion of these tasks would take the total value of the ESDC contract to $2,217,415.
Additionally, a contract amendment with Carollo for $310,000 for Construction Management and Inspections services to support these additional improvements was approved by the Council on June 17, 2026.
ENVIRONMENTAL REVIEW (CEQA):
City staff completed the required environmental review documents per both State (CEQA) and Federal (NEPA) requirements. The Notice of determination was filed in December 2020 (Clearing house 2020100483).
BUDGET/FISCAL IMPACT:
The costs associated with this contract amendment are eligible for reimbursement through SRF. The contract amendment amount is budgeted for FY 26-27 as follows:
WWTP Construction improvements $240,135 Account 662-70-67-57601 RECOMMENDED COUNCIL ACTION:
Motion to approve a contract amendment with Carollo Engineers, Inc., in the amount of $240,135 for Post Construction Design and Engineering Services During Construction Services for Phase 1 of the Arcata Wastewater Treatment Facilities Upgrade Project; and authorize City Manager to execute all applicable documents. Consent Calendar vote.
ATTACHMENTS:
A. Exhibit A—Contract Amendment -Scope of Work (PDF)
City of Arcata
Wastewater Treatment Facility – Phase 1 Improvements
Post Construction Design and ESDC Amendment
SCOPE OF SERVICES
Arcata Design and ESDC Amendment Project Scope Rev2 Final.docx 1 6/12/2026 Detailed Project Scope
The scope of work includes four elements related to the Phase 1 Improvements project. These elements include:
• Ultraviolet Disinfection equipment and piping procurement assistance and coordination included preparation of three Request for Quotation based on City purchasing requirements.
• 16-inch TWE pipe rehabilitation includes alternatives analysis, CCTV video review, rehabilitation design preparation, and support during construction (ESDC). • Diesel Storm replacement includes vendor coordination, technical specification and design preparation, and support during construction (ESDC). • Emergency Pond Pump Station (EPPS) rehabilitation includes conceptual design, hydraulic analysis pump and piping design documents and support during construction (ESDC).
Task 1 – Project Management
Task 1.1 – Project Management
Project monitoring and administration necessary to perform planning, execution, monitoring, and reporting of this Project. Carollo will prepare a monthly progress letter report for attachment to the monthly invoice to track and report status of budget expenditures and key work products completed during that billing period. When needed, Carollo will prepare updates to the project schedule to inform the City of the project’s progress.
Task 1.2 – QA/QC Review
Internal quality control and constructability review will be provided by qualified engineers of the bid documents, schedule, and cost estimate at key milestones.
Deliverables:
• Invoices and monthly progress letter reports.
• Baseline schedule and monthly updates.
Task 2 – UV Equipment and Piping Procurement Assistance and Coordination Carollo developed and provided UV equipment procurement assistance and coordination with City engineering / purchasing staff. The following equipment and materials were pre-purchased by the City for the UV system installation:
• UV effluent flow meter,
• UV effluent piping, motor operated BFV and specialty valves, • UV facility gates.
City of Arcata
Wastewater Treatment Facility – Phase 1 Improvements
Post Construction Design and ESDC Amendment
SCOPE OF SERVICES
Arcata Design and ESDC Amendment Project Scope Rev2 Final.docx 2 6/12/2026 Carollo developed technical packages and drawings for City procurement Request for Quotes (RFQ). Carollo coordinated with purchasing department staff in finalizing the RFQ for City.
Carollo addressed proposers’ questions and provided addenda materials, as needed.
Deliverables:
• Carollo provided three draft and final technical packages for City review and use in electronic format (PDF). Completed in June 2022
• Response to proposer’s question and addenda material as required during the bid period. Completed in June/July 2022
• Prepared addendum for one package. Completed in July 2022.
Task 3 – 16-inch TWE Pipe Rehabilitation Design and Construction Support Carollo will complete a design-build task for 16-inch TWE pipe rehabilitation including the following subtasks.
Task 3.1– Rehabilitation Alternatives Analysis Review
Carollo reviewed the existing piping drawings and prepared a matrix of rehabilitation alternatives. The analysis was presented in a spreadsheet matrix for review by the City, Construction Manager (CM) and Contractor.
Task 3.2– Pipeline CCTV Video Review
Carollo reviewed the CCTV video provided by the City and provided a listing of the pipeline fittings and defects visible in the video. Fitting locations were reviewed with the CM for potential excavation and access.
Task 3.3 – Development of Pipeline Rehabilitation Design Details Carollo will prepare design specifications and drawings for the pipe rehabilitation. Design technical specifications based on the selected rehabilitation method will be developed for City, CM and Contractor review. Design drawings sketches based on existing and Phase 1 drawings will be prepared developed for City, CM and Contractor review. Review comments on the design documents will be incorporated and issued to the contractor for preparation of a cost proposal.
Task 3.5 - Contractor Cost Proposal Review
Carollo will assist City and CM with a review of contractor cost proposal for the pipe rehabilitation.
City of Arcata
Wastewater Treatment Facility – Phase 1 Improvements
Post Construction Design and ESDC Amendment
SCOPE OF SERVICES
Arcata Design and ESDC Amendment Project Scope Rev2 Final.docx 3 6/12/2026 Task 3.5 – ESDC for the Pipe Rehabilitation
Carollo will review contractor submittal for rehabilitation materials and procedures including sequence and constraints plan. Carallo will answer Request for Information from the contractor, or CM including photos or other documents generated in the inspection of the work.
Deliverables:
• Rehabilitation Alterative Matrix.
• CCTV Review Table listing defects, fittings and other features if the existing pipe that may impact rehabilitation.
• Rehabilitation method technical specifications (PDF format). • Rehabilitation method drawings and sketches PDF format based on Bluebeam markups).
• Responses to questions or requests for information by the contractor and construction manager.
Task 4 – Diesel Storm Pump Procurement Assistance and Coordination Carollo will complete a design-build task for diesel storm pump replacement including the following subtasks.
Task 4.1 – Diesel Storm Pump Specification and Vendor Coordination Carollo will coordinate with two suppliers to develop a diesel storm pump specification based on input from two suppliers. A draft technical specification package will be provided to the City for review and selection of options for the storm pump system Options could include diesel drive, mounting configuration: trailer or skid mounted, fuel capacity, controls and SCADA integration, and emissions requirements. Based on input from the City a final technical specification package will be prepared for use in soliciting proposals from the two suppliers.
Task 4.2 – Diesel Storm Pump Proposal, Submittal and Installation Review Carollo will review the proposal received from two pump suppliers for the City to select a preferred supplier. Carollo will review the submittal received from the selected pump supplier, including initial and final submittals. Based on the submittal, Carollo will prepare change order type sketches for the installation of the pump based on the final submittal.
Task 4.3 – Diesel Storm Pump Installation Support
Carollo will review any request for information regarding the installation and prepare response to questions for contractor. Carollo design team will review factory and field test reports and confirm pump installation meets the design intent. Construction manager will provide field quality control observation and documentation.
Deliverables:
• Draft and Final technical specification package.
• Proposal review evaluation.
City of Arcata
Wastewater Treatment Facility – Phase 1 Improvements
Post Construction Design and ESDC Amendment
SCOPE OF SERVICES
Arcata Design and ESDC Amendment Project Scope Rev2 Final.docx 4 6/12/2026 • Draft and Final Installation sketches.
• Response to contractor installation request for information. • Factory and field test report review.
Task 5 – EPPS Pump Replacement Design and Construction Support Carollo and subconsultant GHD will complete a design-build task for EPPS rehabilitation including the following subtasks. GHD will take the lead on this work with oversight by Carollo.
Task 5.1– Review Background Information and Verify Capacity GHD will review pump station background information provided by the City and perform a hydraulic analysis to determine hydraulic requirements for the new EPPS pump sizing based on peak wet weather flow (PWWF) and desired capacity provided by the City. Consultant will present the analysis for review by the City, Construction Manager (CM) and Contractor.
Task 5.2– Site Visit and Pump Station As Built Review
GHD will review the Phase 1 pump station as-built installation and compare available pump station information. The review will include using as-built drawings and information from Phase 1 construction to determine any missing PS information.
Task 5.3 –Develop EPPS Pump Replacement Alternatives
GHD will perform an evaluation of a Dry Pit Self Priming Submersible pump alternative for rehabilitating the EPPS including replacing in kind (2 pumps) or increasing reliability and capacity of the EPPS pump station. In addition, a new PS flow meter will be considered for verify flowrate for pond transfers.
GHD will perform hydraulic calculations to evaluate pump capacity and confirm technical viability. Carollo will develop preliminary site layout sketches and planning level differential construction cost estimates. A summary table comparing alternatives will be prepared to assist the City in selecting an alternative that best meets their selection criteria and city needs.
Task 5.4 – Development of EPPS Pump and Piping Replacement Design Details GHD will prepare mechanical and electrical specifications and drawings for the pipe rehabilitation. Design technical specifications based on the selected rehabilitation method will be developed for City, CM and Contractor review. Design drawings sketches based on existing and Phase 1 drawings will be prepared by GHD for City, CM and Contractor review. Review comments on the design documents will be incorporated and issued to the contractor for preparation of a cost proposal.
City of Arcata
Wastewater Treatment Facility – Phase 1 Improvements
Post Construction Design and ESDC Amendment
SCOPE OF SERVICES
Arcata Design and ESDC Amendment Project Scope Rev2 Final.docx 5 6/12/2026 Task 4.5 - Contractor Cost Proposal Review
GHD will assist City and CM with a review of contractor cost proposal for the pump replacement.
Task 5.6 – ESDC for the Pump Rehabilitation
Carollo will review contractor submittal for pump and piping replacement procedures including sequence and constraints plan. Carallo will answer Request for Information from the contractor, or CM including photos or other documents generated in the inspection of the work.
Task 5.7 – Record Drawing Update
Carollo will update Phase 1 record drawings based on contractor provided as-built information.
Deliverables:
• Pump replacement alternative (in-kind or increased capacity) slides. • Pump, piping and other miscellaneous replacement element technical specifications (PDF format).
• Pump, piping and other miscellaneous replacement drawings and sketches PDF format based on Bluebeam markups).
• Responses to questions or requests for information by the contractor and construction manager.
• Updated record drawing for the EPPS pump replacement.
Assumptions
The following assumptions were used by Carollo in preparing the proposed scope of work and associated fee estimate.
Lead Design Engineer:
• Carollo will provide overall project management services. • Carollo was the lead on the UV equipment and piping procurement packages. • Carollo will be the lead designer for the pipeline rehabilitation task. • GHD will be the lead designer of the EPPS pump replacement task.
Format: The pipe rehabilitation and EPPS pump replacement elements will be completed as a change order to the Phase 1 Improvements project. The approach will be to utilize the on-site contractor based on collaborative design build approach. Technical specifications will be provided, and drawings will be based on change order level of detail Bluebeam sketches.
Details and specifications from the Phase 1 project contract documents will be referenced as part of the design clarification used as the basis for the change order.
City of Arcata
Wastewater Treatment Facility – Phase 1 Improvements
Post Construction Design and ESDC Amendment
SCOPE OF SERVICES
Arcata Design and ESDC Amendment Project Scope Rev2 Final.docx 6 6/12/2026 Disciplines included:
• The pipe replacement task will include in place pipe rehabilitation based on CIPP methods and will require pipe rehabilitation technical specifications and sketches. • The EPPS pump station rehabilitation task project will include replacement of the EPPS pumps and will require process/mechanical design and electrical engineering disciplines.
No structural work is anticipated. If required, it will be provided under a separate amendment.
Schedule: Overall project duration assumed to be as follows (confirm):
• Conceptual Design and Alternatives Analysis – 4 weeks • Final Design and RFP Document Development – 6 weeks
• Contractor Proposal preparation – 2 weeks
• City proposal review and approval – 3 weeks
• Equipment procurement (contractor) – 24 to 30 weeks
• Construction – 6 to 10 weeks
• Total assumed duration – 45 weeks, or approximately 10 to 11 months.
Meetings: Meeting format will be virtual using MS Teams format. Consultant to provide materials prior to meeting.
Engineering Services During Construction: Will be provided by Carollo and GHD team with Construction administration by 3rd party Construction Manager (Carollo).
GHD Claim:
GHD acknowledges the mis-sized discharge pipe resulted in additional project costs, and GHD agrees with Carollo’s assessment that $98,064.25 is properly allocated to rectify this issue.
Accordingly, GHD will agree to a future deduction of their fees in the amount of $98,064.25 as a full and complete resolution of this mis-sized discharge pipe issue. This agreement to accept the short pay is conditioned on Carollo releasing GHD from any liability on this project solely arising from this mis-sized discharge pipe issue other than the sizing of the discharge pipe, including but not limited to hydraulic matters which were Carollo’s responsibility or arising from incorrect or incomplete information received from owner. GHD considers this deduction to be a full and final resolution of GHD’s liability for any change orders for design related issues on this missized discharge pipe issue on this project.
STAFF REPORT – CITY COUNCIL MEETING
August 5, 2026
TO: Honorable Mayor and City Council Members
FROM: Netra Khatri, City Engineer
PREPARER: Mara Grow, Administrative Specialist
DATE: July 27, 2026
TITLE: Make a Continued Finding that Emergency Procurement to Repair Failed Culverts at 4700 West End Road is Necessary; and Authorize the City Manager to Execute All Applicable Documents.
RECOMMENDATION:
It is recommended that the Council:
1) Continue to find that emergency procurement to repair failed culverts at 4700 West End Road is necessary; and
2) Authorize the City Manager to execute all applicable documents.
BACKGROUND:
City staff recently identified the failure of existing 30-inch and 18-inch culverts located at 4700 West End Road, which is City-owned property that serves as the City’s ancillary corporation yard.
The failure has resulted int the formation of two sinkholes, posing a potential risk to public safety, nearby infrastructure, and aquatic resources within North Fork Janes Creek.
Due to the nature of the failure, immediate action is necessary to prevent further deterioration and to ensure safe conditions at the site.
DISCUSSION:
City staff conducted a site evaluation and confirmed that both culverts have structurally failed and are no longer functioning as intended. The resulting sinkhole indicates subsurface instability that may worsen if not addressed promptly.
These culverts convey a segment of North Fork Janes Creek under the City property and were likely installed many decades ago as part of prior lumber and plywood mill development.
City staff met with the applicable permitting agencies on April 22, 2026, to discuss the proposed emergency repairs. The agencies expressed support for expediting the work under emergency permits given the urgency and potential risks associated with delay.
Due to the emergency nature of the project, a streamlined procurement process is being utilized in accordance with City policies. This staff report serves as the recorded explanation required pursuant to the City’s emergency procurement policy. Staff requests the Council receive this report and make a determination that the proposed emergency repairs are necessary.
Project Update:
To date, crews have completed installation of the 48-inch culvert. Work is currently paused until Granite Construction installs the bridge footings in mid-July. Excavation for the remaining phases is anticipated to begin in late July, approximately two to three weeks after the footings are poured.
Coordination with City consultants and permitting agencies will continue to ensure any required fish relocation is completed before the final plugging and grouting of the existing culverts, which is the final phase of the project.
The excavated material was stockpiled and tested for potential contaminants. In late June, analytical results confirmed that the material was classified as non-hazardous soil suitable for restricted reuse.
Testing verified that the soil was below both the Resource Conservation and Recovery Act (RCRA) hazardous waste and California hazardous waste (Cal-Haz) regulatory thresholds. In addition, contaminant concentrations were below human health screening criteria protective of commercial and industrial land uses or within established California background soil levels.
Based on these results, the soil was approved for restricted reuse and released to the contractor for use on other commercial or industrial projects. The material has since been removed from the site.
ENVIRONMENTAL REVIEW (CEQA):
The proposed action qualifies for an exemption under the California Environmental Quality Act (CEQA) under 14 CCR § 15269(c) Emergency Repair: Specific actions to prevent or mitigate an emergency, including those necessary to prevent imminent loss of life or property.
BUDGET/FISCAL IMPACT:
There are currently no funds allocated in the adopted Fiscal Year 2025-26 budget for this repair.
Staff are requesting authorization to utilize reserve funds to cover the cost of the emergency repair.
The final cost will be determined upon receipt of bids; however, staff will make efforts to ensure cost-effective delivery of the project.
Use of reserve funds is justified due to the unforeseen nature of the infrastructure failure and the need for immediate corrective action.
RECOMMENDED COUNCIL ACTION:
Motion to:
1. Make a continued finding that emergency procurement to repair failed culverts at 4700 West End Road is necessary; and
2. Authorize the City Manager to execute all applicable documents.
Consent Calendar vote.
ATTACHMENTS:
A. Image of new Culvert getting installed
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Keira A. Vink, Human Resources and Administrative Services Director PREPARER: Keira A. Vink, Human Resources and Administrative Services Director DATE: August 5, 2026
TITLE: Adopt Resolution No. 267-03, A Resolution of the City Council of the City of Arcata Approving the City of Arcata’s Administrative Policy Regarding Usage of Artificial Intelligence; and Authorize the City Manager to Execute All Applicable Documents.
RECOMMENDATION:
It is recommended that the Council:
1) Adopt Resolution No. 267-03, A Resolution of the City Council of the City of Arcata Approving the City of Arcata Administrative Policy regarding Usage of Artificial Intelligence; and
2) Authorize the City Manager to execute all applicable documents.
INTRODUCTION:
Artificial Intelligence (AI) is readily available to most individuals including the City of Arcata employees. Although AI can be a helpful tool, there are protocols which need to be established to lower the risk associated with its use.
DISCUSSION:
Artificial Intelligence is a new technology and varies in its capabilities and uses. City employees need to understand its possible positive and negative impact. Whether it’s an enhanced web browser or a meeting summary produced by an AI note taker, it has already become part of the workplace.
The usage of AI can be seen as an opportunity to increase efficiencies in City business. While considering the possible benefits, it is also important to outline a policy for staff to guide them in the appropriate usage and the transparency of usage of Artificial Intelligence in their work. The policy defines for employees what is acceptable usage and what is unacceptable usage. It explains what information should not be put into any AI program. This includes personal data such as names, addresses, and other confidential personal identifiable information of individuals. The inputting of original artwork into any AI tool by a City of Arcata employee is also prohibited. Lastly, the policy prohibits the usage of AI to create “Deep Fake” material.
The Policy also gives clear guidance on when you must disclose the usage of Artificial Intelligence in the creation of a public document. In general, the policy will give direction to staff on how to incorporate the usage of AI in their City work products in an appropriate manner.
POLICY IMPLICATIONS:
Adoption of the Administrative Policy on the Usage of Artificial Intelligence will help ensure City employees use consistent messaging to the public when using AI. In addition, it will help set protocols for the proper and improper usage of Artificial Intelligence in City business.
BUDGET/FISCAL IMPACT:
The Policy has no financial impact to the City of Arcata.
RECOMMENDED COUNCIL ACTION:
Motion to:
1) Adopt Resolution 267-03, A Resolution of the City Council of the City of Arcata Approving the City of Arcata Administrative Policy Regarding the Usage of Artificial Intelligence; and 2) Authorize the City Manager to execute all applicable documents.
Consent Calendar vote.
ATTACHMENTS:
A. Resolution 267-03 Administrative Policies and Procedures Usage of Artificial Intelligence
RESOLUTION NO. 267-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA
APPROVING THE CITY OF ARCATA ADMINISTRATIVE POLICY AND PROCEDURES
FOR THE USAGE OF ARTIFICIAL INTELLIGENCE
WHEREAS, the City of Arcata continually works towards improving the number and quality of services to the Arcata community; and,
WHEREAS, the City of Arcata reviews its business processes, looks for innovation, and evaluates tools that can assist the City in reaching its goal of maintaining quality while providing efficient services; and, WHEREAS, in today’s workplace, employees are often asked to complete more work with fewer resources and still provide the same outcomes and services which further motivates employees to look and use tools to assist them; and,
WHEREAS, Artificial Intelligence tools have become widely available to use in a variety of different programs and applications at little or no cost to the City of Arcata; and, WHEREAS, Artificial Intelligence tools can provide many benefits with their usage but there is also risk associated with their usage which needs to be mitigated, and one way to mitigate risk is to have consistent policies and practices which guides employees on the appropriate usage of artificial intelligence; and, WHEREAS, the Usage of Artificial Intelligence policy is applicable to all City of Arcata employees including but not limited to: full-time, hourly, volunteers, and interns.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arcata does hereby establish the attached Administrative Policy and Procedure for the Usage of Artificial Intelligence, effective upon adoption.
DATED: August 5, 2026
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 Resolution 276-03, passed and adopted at a regular meeting of the City Council of the City of Arcata, Humboldt County, California, held on the 5th of August in the year 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Rhea Varley, City Clerk
City of Arcata
Administrative Policies and Procedures
Subject: Use of Artificial Intelligence
Effective Date: August 5, 2026
Originating Department: City Manager’s Office
I. PURPOSE
Artificial Intelligence (AI) encompasses a range of technologies, including machine learning, natural language processing, and robotics. AI allows machines to perform tasks that typically require human intelligence, such as making predictions, recommendations, or decisions. AI systems use machine- and human-based inputs in order to generate information or action.
The City of Arcata recognizes the utility of AI in enhancing operational efficiency. However, the City also recognizes that the use of AI involves risks, including but not limited to safety, security, privacy, bias, and accuracy.
This policy applies to all AI tools, including services, systems, and any other processes that use AI technology.
II. DEFINITIONS
For the purposes of this policy, the following definitions will be used:
2.1 Artificial Intelligence (“AI”) means the technology that simulates human intelligence processes using computer systems. AI simulates learning (i.e., the acquisition of information), training (i.e., the acquisition of rules for using information), reasoning (i.e., the ability to solve problems and make decisions), and self-correction (i.e., the identification and correction of errors in learning, training and reasoning).
2.2 Deepfake is an image, video, or audio record that has been digitally altered to replace one person’s likeness with another person, or a computer-generated image or video of a person doing or saying something the person never did or said.
III. SCOPE OF POLICY/COVERED INDIVIDUALS
A. This policy applies to all work produced for the City of Arcata or associated in any way with the City of Arcata, whether or not the work is produced using City equipment or resources.
B. This policy sets the minimum standards expected of City of Arcata employees. Individual departments may set stricter rules based on their specific needs.
C. No employee shall be exempted from these minimum standards without the express written permission from the City Manager or designee.
D. This policy applies to all City of Arcata employees, regardless of rank or title, interns, and volunteers (“employees”).
E. Employees, interns and volunteers of the City may only use AI to promote public service and administer the City’s mission. This limitation is intended to encompass the use of City resources and during City work time.
IV. PROHIBITION ON THE CREATION OR USE OF ‘DEEPFAKE” MATERIAL A. Creation of “deepfake” images, video, or audio for City work or on City resources or equipment is strictly prohibited.
B. Use of “deepfake” images, video, or audio for City of Arcata work product or on the City resources or equipment, other than using it as evidence in or as part of an administrative investigation, is strictly prohibited.
V. PROHIBITION ON THE USE OF ORIGINAL ARTWORK IN AI TOOLS A. Use or creation of images or illustrative material by inputting third-party original artwork, without permission of the owner of the artwork, into any AI tool is strictly prohibited.
B. Employees will endeavor to ensure the City is in compliance with copyright laws and agreements.
VI. ARTIFICIAL INTELLIGENCE USE REQUIREMENTS
A. The City of Arcata allows limited use of AI tools for the purpose of conducting the City’s business.
B. The City may modify the parameters of permissible AI use or revoke permission to use AI at any time in order to meet the City’s goals, obligations, or business needs.
C. Employees must receive permission from their Department Director prior to using any AI tool.
Any request for permission to use an AI tool must identify the AI tool and the purpose for which the AI tool’s use is intended. The AI tool may only be used as specifically permitted by the Department Director.
D. City email addresses, phone numbers, or other credentials may only be used to create an account with AI services with authorization from the employee’s Department Director or designee. Accounts created using City credentials must not use any password that the employee uses or used in order to access City resources. These accounts must not be used for personal purposes. Conversely, employees are not permitted to use a personal account to use
AI services for City-related work.
E. Public Records Act: Information entered into AI systems along with the output data, may be subject to disclosure under the Public Records Act (PRA).
F. Confidential and sensitive personal information must never be inputted into AI tools in any way. Confidential and sensitive personal information includes any information that the employee is not permitted to share through other means of communicating with the public.
Such information includes, but is not limited to a specific person’s name, address, email address, telephone number, social security number, driver’s license number, medical information, or information that alone or in combination with other publicly available information, reveals the identity of the subject of the inputted information. This includes any text, photos, videos, voice recordings shared with AI service. This rule applies regardless of the AI tool’s privacy terms or settings.
G. Confidential or restricted data is prohibited from being input into any AI service unless the employee is given written approval and authorization from the City Manager. This includes, but is not limited to sensitive data that should be generally outside the scope of normal Public Records Act requests, and data that is needed for City communications and maintaining a secure infrastructure.
H. All AI searches must be in “incognito” mode or “opt out” or other similar mode to prevent the AI tool from retaining or using the information provided for the tool or service’s use in any manner, including to train or improve the AI tool or service, or to share the information with any third party.
I. All text-based content that was created using AI without modification must be properly labelled as having been generated using AI. All audio and visual media created using AI must be labelled as generated using AI regardless of modifications. Labels must be clearly visible to members of the public reviewing the content.
J. A general disclaimer shall be used. For example: “This document may have been drafted with support from AI based tools, consistent with the City of Arcata’s policy on use of artificial intelligence. All information represented in this document have been reviewed by City of Arcata staff.
K. Informal correspondence between City employees, such as emails, does not need to be labelled as having been created using AI as provided above.
L. All AI-generated content must be reviewed for accuracy, tone, bias, and context before the content may be published for the City. If a reliable source cannot be found to verify factual information generated using AI, that information cannot be used for City purposes.
M. No content fully or partially generated using AI may be claimed as original work.
N. The City of Arcata expects all employees to possess and exercise good judgment and common sense when conducting City business, such as when using an AI service.
O. The City expressly prohibits any AI use which discriminates against any individuals, including but not limited to City employees, interns or volunteers, on the basis of the individual’s race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision-making, or military and veteran status.
VII.POLICY VIOLATIONS
A. All supervisory and management employees are responsible for overseeing the work product of their subordinates and ensuring that employees abide by the guidelines established in this policy.
Individual employees are also responsible for ensuring that their own work product conforms to this policy.
B. Any violation of this policy may result in disciplinary action, up to and including termination of employment. The terms of this policy are subject to change as AI technology evolves frequently.
C. Employees who violate the Artificial Intelligence Policy are subject to disciplinary action per Chapter XI of the City’s Personnel Rules and Regulations and/or other applicable rules and provisions.
Revised:
7/16/26
STAFF REPORT – CITY COUNCIL MEETING
August 5, 2026
TO: Honorable Mayor and City Council Members
FROM: Netra Khatri, City Engineer
PREPARER: Netra Khatri, City Engineer
DATE: August 5, 2026
TITLE: Adopt Resolution No. 267-07 Authorizing the City Manager to Execute All Agreements and Any Amendments for the Reconnect Arcata Project with the California Department of Transportation.
RECOMMENDATION:
It is recommended that the Council adopt Resolution No. 267-07, A Resolution of the City Council of the City of Arcata Authorizing the City Manager to Execute Agreements with the California Department of Transportation for the Reconnect Arcata Project.
INTRODUCTION:
Earlier this year, the City of Arcata and the Humboldt County Association of Governments (HCAOG) applied for and received a grant in the amount of $700,000 for the Reconnect Arcata Project through a Caltrans Sustainable Transportation Planning Grant (STPG).
BACKGROUND:
The Reconnect Arcata Project plans to develop a comprehensive plan to restore community connectivity severed by the construction of U.S. 101 and its connecting highways. These corridors once Arcata's "Main Street"—were converted into a freeway between the 1950s and 1980s, displacing homes and dividing neighborhoods. Today, they create physical, economic, and social barriers between key community areas, including the Cal Poly Humboldt campus, downtown Arcata, Valley West, Sunny Brae, and the Gateway area near Humboldt Bay. The project spans Humboldt County Census Tracts 10.01, 10.02, 11.02, 11.03, 12, 13, and 105.02, all designated as Areas of Persistent Poverty and State Disadvantaged Communities, and encompasses three subareas: Valley West (northern Arcata, separated by U.S. 101 and SR 299), Arcata Central (downtown and the Cal Poly Humboldt area, divided by U.S. 101), and the Gateway Area (southern Arcata, divided by U.S. 101 and SR 255 near Humboldt Bay). Nearly 24% of households in the area have no personal vehicle, underscoring the need for safe, non-automobile travel options.
The construction of the U.S. 101 freeway severed critical geographic and cultural ties, isolating the university, downtown, residential areas, and shoreline from one another, and the divided network has created high-stress crossings and dangerous conditions for pedestrians and cyclists—between 2013 and 2022, 12 pedestrian and bicycle collisions occurred within the corridor, including fatal and severe-injury crashes. The lack of safe connections also contributes to public health disparities,
higher transportation costs, and limited economic mobility, particularly affecting under-resourced populations. To address this need, the project aims to create safe, accessible multimodal connections for walking, biking, and transit between residential neighborhoods, employment centers, schools, parks, the community forest, and essential services, through a planning process that includes community engagement, urban design alternatives, preliminary engineering and safety analysis, and strategies for active transportation and transit integration.
ENVIRONMENTAL REVIEW (CEQA):
This phase of the project is only for planning purposes; the later phase Project Approval and Environmental Document (PA&ED) will result in completion of environmental documents necessary for compliance with the California Environmental Quality Act (CEQA).
BUDGET/FISCAL IMPACT:
The grant has a local cash match of $80,290 which is within the approved budgeted amount for the Fiscal Year (FY) 2026-27 under account 101-50-45-57601. The grant amount was not included in the FY26-27 budget and will be added via budget amendment.
RECOMMENDED COUNCIL ACTION:
Motion to adopt Resolution No. 267-07 authorizing the City Manager to execute all master agreements, program supplemental agreements, fund exchange agreements, fund transfer agreements and any amendments for the Reconnect Arcata Project with the California Department of Transportation. Consent Calendar vote.
ATTACHMENTS:
A. Resolution No. 267-07 (PDF)
RESOLUTION 267-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR
THE RECONNECT ARCATA PROJECT
WHEREAS, the CITY COUNCIL of the City of ARCATA is eligible to receive Federal and/or State funding transportation planning related plans, through the California Department of Transportation; WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Transportation Planning Grant Programs;
WHEREAS, the City of Arcata wishes to delegate authorization to execute these agreements and any amendments thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arcata, authorize the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.
APPROVED AND PASSED this 5
th day of August 2026.
DATED: August 5th , 2026
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 Resolution No. 267-07 passed and adopted at a regular meeting of the City Council of the City of Arcata, County of Humboldt, California, held on the 5
th day of August 2026, 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: Emily Sinkhorn, Director of Environmental Services PREPARER: Brigitte Price, Administrative Specialist
DATE: August 5, 2026
TITLE: Award Bid for the 2026 Timber Sale of Douglas-Fir and Western Hemlock Logs to North Fork Lumber Company; and Authorize the City Manager to Execute All Applicable Documents.
RECOMMENDATION:
It is recommended that the Council:
1) Award the bid for the 2026 timber sale of Douglas-fir and western hemlock logs to North Fork Lumber Company; and
2) Authorize City Manager to execute all applicable documents.
INTRODUCTION:
The City advertised bids for the 2026 timber sale from the Arcata Community Forest, and five bids were received and opened on July 2, 2026, at 4:30 p.m. Bidders could choose to bid on one or more species and by log diameters. This timber sale is around 70 percent redwood. The City received four bids for redwood and one bid for Douglas-fir and western hemlock for this timber sale.
BACKGROUND:
In May 2026, the City advertised bids for the 2026 timber sale from the Arcata Community Forest Jacoby Creek Tract of approximately 430 thousand board feet (MBF). The planned harvest will follow single tree selection silviculture to thin homogeneous stands of younger conifers, setting the area on an accelerated trajectory towards older stand structure. The sale of redwood logs and the logging contract for the 2026 timber harvest were awarded by the Council on July 15, 2026. City staff anticipate the harvest commencing in mid to late August of 2026.
DISCUSSION:
Staff held site visits with multiple timber purchase bidders this spring, and these relationships led to receiving multiple competitive bids for redwood though only one bid for Douglas-fir and western hemlock. After the initial bids were received, City staff renegotiated with North Fork Lumber for the sale price of the Douglas-fir and western hemlock logs as the price was initially too low to proceed with the 2026 harvest. The renegotiated rate for the Douglas-fir logs is now $550/mbf instead of the initial $500/mbf.
Douglas-fir & western hemlock logs will be delivered to North Fork Lumber Company (delivered to Eureka and/or Korbel depending on log size class). The bid amounts for logs delivered are listed as follows:
Douglas-fir
North Fork Lumber at $550/mbf
Western hemlock
North Fork Lumber at $400/mbf
*Note: The City will pay the State timber yield taxes for this sale.
POLICY IMPLICATIONS:
The proposed location and operational parameters are consistent with the City’s Forest Management Plan and NTMP 1-99-033HUM. The goal of the operation is to increase terrestrial carbon stocking over time and manage to create a resilient forest by thinning overstocked areas, removing excess fuels, and growing larger trees. The operation also provides an opportunity to improve legacy road culvert and water crossing issues to reduce risk of sediment inputs to Jacoby Creek.
COMMITTEE/COMMISSION REVIEW:
The Forest Management Committee completed a pre-harvest inspection during their meeting on July 9, 2026, and reviewed key parameters in the draft timber harvest Notice of Timber Operations.
ENVIRONMENTAL REVIEW (CEQA):
The timber harvest is consistent with the City’s Forest Management Plan. The area planned for timber harvest is included in the City’s Non-Industrial Timber Management Plan (NTMP) 1- 99NTMP-033HUM. The Non-Industrial Timber Management Plan is the functional equivalent of an Environmental Impact Report (EIR).
BUDGET/FISCAL IMPACT:
The timber sale generates revenue to fund the Forest Fund 205. Revenue from this 2026 timber harvest will be received in fiscal year 2026-27.
RECOMMENDED COUNCIL ACTION:
Motion to award the bid for the 2026 timber sale of Douglas-fir logs and western hemlock logs to North Fork Lumber Company; and authorize the City Manager to execute all applicable documents.
Consent Calendar vote.
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
PREPARER: Josh Varinsky, City Attorney’s Office
DATE: August 5, 2026
TITLE: Adopt Resolution No. 267-09 Approving and Authorizing Execution of Purchase and Sale Agreement for Sale of APN Nos. 507-251-039-000 and 507-251-040-000, Located at the Intersection of Belle Falor Court and Ericson Way.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 267-09, to formally approve and authorize execution of a purchase and sale agreement for sale of APNs 507-251-039-000 and 507- 251-040-000 with Desserts On Us, Inc.
BACKGROUND / DISCUSSION:
The City Council previously considered and provided direction to the City Manager to negotiate sale of the parcels shown below, near the intersection of Belle Falor Court and Ericson Way.
Based on staff review of City records, the City originally acquired these properties in/around 1979 for a potential industrial park, which was part of a larger subdivision. The proposed parcels were never sold or developed and remained under City ownership.
The City does not require use of these parcels for agency operations, and it was determined to proceed with sale of the parcels for reasonable fair market value. The required state process under the California Surplus Land Act prior to sale of the parcels was completed, as confirmed by the California Department of Housing and Community Development. Once the required process is complete, the City can sell the parcels by negotiated purchase.
DessertsOnUs, Inc. is the owner of the adjacent property and was interested in acquiring the parcels for expansion of operations. City staff is recommending formal approval of a purchase agreement with DessertsOnUs for sale of the parcels, at a purchase price of $300,000.00. The Purchase Agreement contains standard terms and conditions and provides for a 30-day closing period.
If the City Council proceeds with approval the purchase Agreement, City staff will administer the transaction through closing.
POLICY IMPLICATIONS:
N/A
COMMITTEE/COMMISSION REVIEW:
N/A
ENVIRONMENTAL REVIEW (CEQA):
This transaction is exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15312 (Surplus Government Property Sales). This transaction further would not be considered a project as it is only a sale of vacant parcels of land and no development is being approved at this time.
BUDGET/FISCAL IMPACT:
Proceeds from the property sale would be deposited into the City’s General Fund.
RECOMMENDED COUNCIL ACTION:
Motion to adopt Resolution No. 267-09, to formally approve and authorize execution of a purchase and sale agreement for sale of APNs 507-251-039-000 and 507-251-040-000 with Desserts On Us, Inc. Consent Calendar vote.
ATTACHMENTS:
A. Resolution No. 267-09
Exhibit A – Purchase Agreement
RESOLUTION 267-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA
APPROVING AND AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR SALE OF APNs 507-251-039-000 and 507-251-040-000, NEAR BELLE FALOR COURT AND ERICSON WAY WHEREAS, the City of Arcata (“City”) is the fee title owner of two parcels of real property, APNs 507-251-039-000 and 507-251-040-000, located at the intersection of Belle Falor Court and Ericson Way; and
WHEREAS, the City has determined that these parcels are excess real property not needed for City use or operations, and that sale of the parcels is in best interest and general welfare of the City; and
WHEREAS, City has completed the requirements of the California Surplus Land Act (Government Code, 54220 et seq.) and has documented its compliance through the Department of Housing and Community Development; and
WHEREAS, City staff upon direction from the City Council negotiated sale of the properties, pursuant to the Purchase and Sale Agreement attached hereto as Exhibit A; and WHEREAS, this transaction is exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15312 (Surplus Government Property Sales). This transaction further would not be considered a project as it is only a sale of vacant parcels of land, and no development is being approved at this time; and WHEREAS, the City Council hereby finds that reasonable fair market value is being received for the properties, and that the transaction is in the public interest and of fiscal benefit to the City.
NOW, THEREFORE, BE IT RESOLVED, that the Arcata City Council hereby approves the attached Purchase and Sale Agreement for the properties described herein, authorizes the City Manager to execute the Purchase Agreement, and authorizes the City Manager or his or her designee to perform all acts necessary and incidental to carry out the transaction contemplated herein.
Attachments: Exhibit A – Purchase and Sale Agreement
Dated: August 5, 2026
ATTEST: APPROVED:
Rhea Varley, City Clerk, City of Arcata Kimberley White, Mayor, City of Arcata
CLERK'S CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of Resolution No. 267-09, passed and adopted at a regular meeting of the City Council of the City of Arcata, County of Humboldt, State of California, held on the 5
th day of August, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
City Clerk, City of Arcata
PURCHASE AND SALE AGREEMENT FOR REAL PROPERTY
PROPERTY: APNS 507-251-039, 507-251-040
THIS PURCHASE AND SALE AGREEMENT FOR REAL PROPERTY
("Agreement") is entered into as of ?ft j / 2,,J , by and between CITY OF ARCATA, A CALIFORNIA M CIP AL CORPORATION ("City" or "Seller"), and DESSERTS ON US, INC., A CALIFORNIA CORPORATION ("Buyer"). Seller and Buyer may be referred to herein as a "Party" or collectively as the "Parties." There are no other parties to this Agreement.
RECITALS
A. Seller owns the unimproved parcels of real property in City of Arcata, Humboldt County, CA identified as Humboldt County Assessor Parcel Numbers 507-251-039 and 507-251- 040 (the "Property"), as further described in Exhibit A attached hereto.
B. Seller wishes to convey the Property, and Buyer wishes to acquire the Property, subject to the terms and conditions set forth herein.
C. On ------~ 2026, by Resolution No. ____ , the Arcata City Council authorized the City Manager to execute this Agreement, and to take all acts necessary and incidental to complete the transaction described in this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. Effective Date. The "Effective Date" of this Agreement will be the date on which both Parties have executed this Agreement. This Agreement will not be effective unless the City Council, by resolution, has approved this Agreement and has authorized the City Manager to execute this Agreement.
Section 2. Sale of Property to Buyer. Seller agrees to convey the Property to Buyer, subject to the terms and conditions set forth herein. The Property conveyance includes all of Seller's rights, title, and interest to the Property, including but not limited to, all water rights, mineral rights, easements, and other property rights related to the Property. Seller will convey the Property to Buyer by grant deed.
Section 3. Purchase Price. The purchase price for the Property shall be Three Hundred Thousand Dollars ($300,000.00) ("Purchase Price").
Purchase & Sale Agreement
Section 4. Escrow.
(a) Opening of Escrow. Promptly after the Effective Date, Seller and Buyer will open an escrow with an "Escrow Agent" to carry out the terms of this Agreement. (b) Title Report. Within five (5) days after opening of escrow, the Escrow Agent will deliver to Seller and Buyer a preliminary title report, together with legible copies of all documents referenced therein as exceptions to title (the "Title Report"). The costs of the Title Report shall be split equally between Buyer and Seller.
( c) Escrow Forms and Documentation. The Parties will promptly deposit all funds and documents as required by the Escrow Agent to complete this transaction, including fully executed counterpart originals of this Agreement. The Parties agree to be bound by the Escrow Agent's standard forms or general provisions, as may be required to complete this transaction. This Agreement will control in the event of any inconsistency between this Agreement and the Escrow Agent's standard forms, general provisions, or any other documentation required by the Escrow Agent.
( d) Escrow Agent Duties. At Closing, the Escrow Agent will effectuate the transfer of Property by doing the following:
(i) Recording the grant deed, subject to any modifications approved by Buyer and Seller;
(ii) Providing a closing statement setting forth the Purchase Price, the allocation of Closing Costs ( defined below), and all prorations and adjustments as provided in this Agreement;
(iii) Delivering the Purchase Price to Seller, plus or minus any Closing Costs, adjustments and prorations;
(iv) Delivering the Title Policy (defined below), as may be requested by Buyer; (v) Recording all documents as may be necessary to clear title in accordance with the terms of this Agreement.
Section 5. Deposit. Within _five (5) days after the Effective Date, Buyer will deposit Five Thousand Dollars ($5,000.00) with the Escrow Agent ("Deposit"). The Deposit will become non-refundable if Buyer elects to terminate this Agreement after expiration of the Diligence Period ( defined below). Upon Closing, the Deposit will be credited toward the Purchase Price.
Purchase & Sale Agreement
Section 6. Policy of Title Insurance. Title to the Property shall be evidenced by the commitment of the Escrow Agent to issue a standard California Land Title Association policy of title insurance ("Title Policy") with liability in the amount of the Purchase Price showing title to the Property vested as designated by Buyer.
Section 7. Closing.
(a) Closing Date. Consummation of the transaction contemplated by this Agreement shall occur thirty (30) days from the Effective Date ("Closing" or "Closing Date"). The Escrow Agent may cause the Closing to occur on an earlier or later date with the consent of both Seller and Buyer.
(b) Conditions Precedent. The following conditions must be met in order for Closing to occur (the "Conditions Precedent"). Buyer at its option may conduct inspections as may be necessary to verify compliance with the Conditions Precedent. (i) the Property must be in substantially the same condition at Closing as on the Effective Date.
(ii) Seller at its sole cost and expense has removed all personal property, equipment, machinery, materials, supplies, refuse, and other tangible items from the Property. Any personal property or such other items remaining on the Property after Closing shall, at Buyer's election, be deemed abandoned and may be removed, disposed of, or retained by Buyer without liability to Buyer.
(iii) all liens, encumbrances, and other charges against the Property not assumed by Buyer must be paid and discharged by Seller prior to Closing. (iv) no uncured material, adverse change to the title to the Property will have occurred since the Effective Date.
(v) Seller will deliver exclusive possession of the Property to Buyer. (vi) Buyer and Seller will have complied with and otherwise performed their respective obligations set forth in this Agreement. Buyer and Seller may, by mutual agreement, extend the Closing as long as necessary to satisfy or waive the applicable Conditions Precedent and proceed with Closing.
Purchase & Sale Agreement
Section 8. Closing Costs and Prorations.
(a) Closing Costs. The Parties shall split equally through the Escrow Agent all thirdparty escrow, title, transfer, recording, cost of the Title Policy, and similar Closing costs associated with this transaction ("Closing Costs"). All Parties shall pay their own legal, accounting, and other consultant fees, charges, and costs related to this Agreement. (b) Prorations and Adjustments. Any ad valorem taxes, general and special taxes, and assessments on the Property will be prorated as of the Closing Date. All supplemental taxes, assessments, special taxes, or encumbrances levied on the Property after the Closing Date will be paid by Buyer.
Section 9. Diligence Period. If Buyer, in its sole discretion, for any reason or no reason at all, decides not to proceed with Closing within twenty (20) days of the Effective Date ("Diligence Period"), Buyer will have the right to terminate this Agreement by providing written notice to Seller. Upon such termination, the Deposit will be returned to Buyer, and Buyer will be responsible for all outstanding escrow costs as a result of entering into this Agreement.
Section 10. Seller Conditions to Closing. Seller's obligation to convey the Property to Buyer is subject to the following conditions:
(a) Buyer providing the Deposit to the Escrow Agent.
(b) Buyer providing the balance of the Purchase Price to the Escrow Agent. (c) Buyer executing such other documents and instruments as are customary and as may be reasonably requested by the Escrow Agent (and acceptable to Seller) to effectuate the Closing.
Section 11. Buyer Conditions to Closing. Buyer's obligation to acquire the Property is subject to the following conditions:
(a) Seller providing to the Escrow Agent an executed grant deed conveying the Property to Buyer.
(b) Buyer's review of title to the Property as shown on the Title Report. Buyer shall inform Seller of any exceptions to title that are objectionable within fiPeen (15) days ofreceiving the Title Report. Seller's refusal to remove any exceptions from title requested by Buyer shall be cause for termination of this Agreement. The Parties may agree to extend the Closing as may be necessary to allow for removal of the exceptions requested by Buyer.
Purchase & Sale Agreement
(c) Escrow Agent's ability to issue a Title Policy to Buyer's satisfaction. ( d) Seller executing such other documents and instruments as are customary and as may be reasonably requested by the Escrow Agent (and acceptable to Buyer) to effectuate the Closing.
Section 12. Inspection of the Property.
(a) Tests. Buyer and Buyer's authorized agents, contractors, employees, and designees ("Buyer's Agents") will have the right during the Diligence Period to go upon the Property for the purpose of making such surveys, soil, engineering, geological, environmental and other tests, inspections, and measurements (the "Tests"). The Tests shall include inspections for "Hazardous Substances" (referring to any substance that is toxic, ignitable, reactive, or corrosive; or that is regulated by any federal, state, or local government; or that is defined as "hazardous" pursuant to federal, state, or local government law.) All Tests will be at the sole cost and expense of Buyer.
Buyer shall provide Seller with copies of all Tests. Buyer will give reasonable advance notice to Seller of any Tests that Buyer or Buyer's Agents will perform. The notice will specify the nature of the Tests to be performed, the approximate date and time the Tests will be performed, and the person or entity performing the Tests. Buyer will repair any damage to the Property caused by Buyer's inspection activities.
(b) Property Documents. During the Diligence Period, Seller will make available to Buyer for Buyer's inspection, within five (5) days after Buyer's written request, all documents and information in Seller's possession or control pertaining to the Property, including but not limited to, any and all leases, liens, tentative and final maps, surveys, plats, title reports, soil reports, assessment or property tax documentation, environmental studies, entitlement documents, or land or building improvements made during Seller's time on the Property (collectively, the "Property Documents '). Seller will not be obligated to disclose to Buyer any appraisal or opinions of the value of the Property, any of Seller's internal financial analyses, or materials relating to Seller's cost to acquire the Property. Buyer acknowledges that the Property Documents are furnished to Buyer solely as a courtesy. Seller is not responsible for verifying the accuracy of any statements or other information contained in those documents. Seller will retain and collect all originals or copies of the Property Documents.
Section 13. Representations and Warranties.
(a) Seller Representations and Warranties. The following representations and warranties are made to the best of Seller's knowledge. Buyer is advised to conduct appropriate inspections as to the condition of the Property. Seller makes the following representations:
Purchase & Sale Agreement
(i) Buyer is advised that this transaction constitutes an "AS-IS" sale of the Property, with no warranties from Seller to Buyer. Buyer will receive the Property in its current condition, and Seller will have no responsibility to prepare the Property in any way for Buyer except as set forth herein. (ii) Seller has the right, power, and authority to enter into this Agreement and sell the Property in accordance with these terms; each of the persons executing this Agreement on behalf of Seller is authorized to do so; and this Agreement constitutes a valid and legally binding obligation of Seller, enforceable in accordance with its terms.
(iii) During Seller's ownership, no contracts have been granted to others to purchase or to lease any interest in the Property or any part thereof or which will survive Closing or otherwise impose an obligation on Buyer. (iv) Seller has not filed, or not been the subject of any bankruptcy or insolvency proceeding, which affects Seller's ability to convey the Property to Buyer. (v) Seller has no actual knowledge of any violation of governmental laws, regulations, or orders relating to the Property.
(vi) Seller has no actual knowledge of any unresolved violation of applicable environmental laws relating to the Property. Seller has not received any written notice requiring investigation, remediation, cleanup, monitoring, or other corrective action relating to Hazardous Substances or environmental conditions affecting the Property. Seller has not caused or permitted the release, discharge, or disposal ariy Hazardous Substances, pollutants, contaminants, or toxic substances on, under, or from the Property in violation of applicable environmental laws during Seller's ownership. (b) Buyer Representations and Warranties. The following representations and warranties are made as to the best of Buyer's knowledge. Buyer makes the following representations and warranties:
(i) Buyer has the right, power, and authority to enter into this Agreement and to acquire the Property in accordance with the expressed terms and conditions hereof.
(ii) Each of the persons executing this Agreement on behalf of Buyer 1s authorized to do so.
Purchase & Sale Agreement
(iii) This Agreement constitutes a valid and legally binding obligation of Buyer, enforceable in accordance with its terms.
The above representations and warranties are made by each Party with the knowledge and expectation that the other Party is placing complete reliance thereon, and such warranties will survive Closing. Neither Party will cause or permit any action to be taken which, to the best of that Party's knowledge, will cause any of its representations or warranties to be untrue in any material respects upon Closing. Each Party agrees to indemnify, defend, and hold the other Party harmless from all liabilities, claims, losses, damages, costs, and expenses (including reasonable attorney's fees and costs) in connection with a breach of these representations and warranties. This indemnification obligation will survive the Closing.
Section 14. Dispute Resolution. Any dispute arising out of or relating to this Agreement, or any alleged breach thereof, shall be first subject to a conference between the Parties within ten (] 0) days of receiving notice of the dispute, in an attempt to resolve the dispute. If the dispute is not settled by the conference, the Parties will endeavor to settle the dispute by mediation, with each Party to bear its own attorney's fees and costs and to share equally the costs of the mediation.
The Parties agree to conclude the mediation within thirty (30) days of filing the request for mediation. Either Party may terminate the mediation at any time after the first session. If mediation does not resolve the dispute, then the Parties may exercise any remedies available to them under law. In the event any legal action is brought to enforce or interpret this Agreement, the prevailing Party in such action shall be entitled to recover its attorney's fees in addition to any other relief to which that Party is entitled.
Section 15. Primary Representative; Notices. Any notice or communication required to be given in this Agreement between Buyer and Seller shall be delivered to that Party's representative identified below. Notices or communications must be in writing, and may be given either personally, by registered or certified mail, by Federal Express, UPS, or other similar couriers providing overnight delivery. All notices and communications shall be accompanied by a copy sent by electronic mail. If personally delivered, a notice will be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication will be deemed to have been received on the first to occur of (a) actual receipt by any of the addressees specified below, or (b) three (3) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication will be deemed to have been received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (] 0) days' written notice to the other Party hereto, designate any other address to which such notice or communication will be given. Notices or communications will be given to the Parties at their addresses set forth below:
Purchase & Sale Agreement
Ifto Buyer:
with copy to:
If to Seller/ City:
with copies to:
Desserts On Us, Inc.
Attn: Emran Essa
57 Belle Falor Ct.
Arcata, CA 95521
Email: [email protected]
Stokes, Hamer, Kirk, Firpo & Auwarter, LLC
Attn: Joshua Kaufman
381 Bayside Road, Suite A
Arcata, CA 95521
Email: [email protected]
City of Arcata
Attn: City Manager
736 F Street
Arcata, CA 95521
Email: [email protected]
City of Arcata
Attn: City Clerk
736 F Street
Arcata, CA 95521
Email: [email protected]
White Brenner LLP
Attn: Nubia Goldstein
1608 T. St.
Sacramento, CA 95811
Email: nubia@wbitebrennerll p.com
Section 16. Exhibits. The following Exhibits are hereby incorporated by this reference and made part of this Agreement:
Exhibit A: Description of Property
Section 17. General Provisions.
(a) Recitals. The Recitals set forth above are hereby incorporated by this reference and made part of this Agreement. In the event of any conflict between the Recitals and Sections contained in this Agreement, the Sections will control.
Purchase & Sale Agreement
(b) Amendment. No amendments to this Agreement will be effective unless such amendment is made in writing, signed by both Parties.
(c) Waiver. Waiver by any party of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof, unless specifically stated in writing.
(d) Assignment. This Agreement may not be assigned without the non-assigning Party's written consent, which may be withheld, conditioned, or delayed in the non-assigning Party's sole discretion.
(e) Counterparts. This Agreement may be executed simultaneously and in several identical counterparts, each of which will be deemed an original, but which together will constitute one and the same instrument.
(f) Time is of the Essence. Time is of the essence with respect to the performance of this Agreement.
(g) Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof.
(h) Law and Venue. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of California, and any action brought to interpret or enforce this Agreement will be in the County of Humboldt.
(i) Calendar Days. Unless otherwise specified, all "days" referred to m this Agreement are calendar days.
(i) Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" and "can" are permissive.
(k) Further Acts. The Parties agree that they will cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
(I) Joint Preparation. All Parties to this Agreement have negotiated it at length and have had the opportunity to consult with and be represented by their own competent counsel. Each provision of this Agreement will be construed as though all Parties participated equally in the drafting of the same. Consequently, the Parties acknowledge and agree that any rule of Purchase & Sale Agreement
construction that a document is to be construed against the drafting Party will not be applicable to this Agreement.
[ Signatures on next page ]
Purchase & Sale Agreement
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
BUYER: SELLER / CITY:
Desserts On Us, Inc. City of Arcata,
A California corporation a California municipal corporation By:
Print: Emran Essa
Title: CEO Date: , / 'Z,,'[, / 2-,,6 ---'-1,-----"'-----+-------- Date: __ 7_-_l_~_,._2_o_2_~ __
ATTE~
By:
Rhea ► Varley
~ , City Clerk
Date: 1"
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lcz '61 1-~
APPROVED AS TO FORM: APPROVED AS TO FORM:
By:------------
Joshua Kaufman, Attorney for fo~
Desserts On Us, Inc.
Date: ----------- Date: -, · ?.--1 • 2-o'2- ~
Purchase & Sale Agreement
ACCEPTANCE BY ESCROW AGENT:
_____________ hereby acknowledges that it has received originally executed counterparts or a fully executed original of the foregoing Purchase and Sale Agreement of Real Property and agrees to act as the Escrow Agent thereunder and to be bound by and perform the terms thereof as such terms apply to the Escrow Agent.
Name of Escrow Company: _____________ _
Address:
----------- ---------- Signature: ______ __________ _
Print: - ---------- - --- - Its: Authorized Agent
Date: -------------- --
Purchase & Sale Agreement
EXHIBIT A
Description of Property
I
The real property situated at APNs 507-251-039-000 and 507-251-040-000, City of Arcata, California, at Ericson Way/ West Epd Road area, more particularly described as follows:
STAFF REPORT – CITY COUNCIL MEETING
August 5, 2026
TO: Honorable Mayor and City Council Members
FROM: Netra Khatri, City Engineer
PREPARER: Mara Grow, Administrative Specialist
DATE: July 27, 2026
TITLE: Approve a Contract Amendment in the Amount of $1,500,000 to Wahlund Construction, Inc., for Additional Work on Phase 1 of the Arcata Wastewater Treatment Facilities Upgrade Project; and Authorize the City Manager to Execute all Applicable Documents.
RECOMMENDATION:
It is recommended that the Council:
1) Approve a Contract Amendment in the Amount of up to $1,500,000 to Wahlund Construction, Inc., for Phase 1 of the Arcata Wastewater Treatment Facilities Upgrade Project; and
2) Authorize the City Manager to execute all applicable documents.
INTRODUCTION:
Currently entering its fourth year, the Arcata Wastewater Treatment Facilities Upgrade Project is one of the largest capital improvement projects in the City’s history. The total project cost for Phase 1 of the improvements is approximately $67 million— $2.4 million funded via the Community Development Block Grant (CDBG) program, a small portion via City’s Wastewater Fund, and the remainder funded via the State Water Resources Control Board Clean Water State Revolving Fund (SRF) program.
BACKGROUND:
The Phase 1 improvements project commenced in August 2022 when the City awarded a contract to Wahlund Construction Inc. (WCI) in the amount of $51,495,000.57, with an additional 6% Change Order Contingency to cover unforeseen conditions and extra work. In May 2025, Council approved an increase for Change Order Contingency in the amount of $750,000, or about 7.5%. To date, with
99.8% of the contract work completed, that additional ~7.5% has been expended on contingencies.
For the past year, staff have been aware of a surplus of funds in the project budget that could be used to replace several existing pumps, valves, and pipes that are failing sooner than originally anticipated, possibly due to increased usage during Phase 1 construction. Furthermore, there are remaining funds in the SRF budget to construct these improvements. Accordingly, staff sought concurrence from the State Water Board for an extension through June 30, 2027, to allow for design, procurement and installation of the additional work. The cost for the construction of this work is estimated not to exceed $1,500,0000, and requires a term extension through June 30, 2027, to be completed.
Increasing the Wahlund Construction contract amount by $1,500,000 will bring the total contract price to an amount not to exceed $56,834,700 and reflect a revised contingency for the contract of ~10%, which is still within the industry standard of between 8-10% of the total construction cost.
Construction Management and Inspection services for this scope of work were previously approved on June 17, 2026. The Engineering Services During Construction contract for this construction, from Carollo Engineers, is subject of a separate staff report at today’s Council meeting.
Staff recommend approving the proposed amendment to increase the contract amount with Wahlund Construction in the amount of $1,500,000, and extend the contract completion date to June 30, 2027, so that the additional work can be completed.
ENVIRONMENTAL REVIEW (CEQA):
City staff completed the required environmental review documents per both State (CEQA) and Federal (NEPA) requirements. The Notice of Determination was filed in December 2020 (State Clearinghouse 2020100483). Additionally, the California Coastal Commission approved a Coastal Development Permit for the project at their September 2022 hearing.
BUDGET/FISCAL IMPACT:
The cost associated with this contract amendment is eligible for reimbursement through SRF. The contract amendment amount is anticipated to be expended in Fiscal Year 26-27 and staff have budgeted this amount in the FY 26-27 Budget for Wastewater Treatment Plant (WWTP) Construction Improvements as follows:
WWTP Construction Improvements $1,500,000 Account 662-70-65-57601 RECOMMENDED COUNCIL ACTION:
1. Receive a staff report.
2. Open public comment.
3. Close public comment.
4. If deemed appropriate by the Council:
a. Motion to approve a Contract Amendment in the Amount of $1,500,000 to Wahlund Construction, Inc., for Additional Work on Phase 1 of the Arcata Wastewater Treatment Facilities Upgrade Project; and Authorize the City Manager to Execute all Applicable Documents.
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Rhea Varley, City Clerk
PREPARER: Rhea Varley, City Clerk
DATE: August 5, 2026
TITLE: Provide Direction on the Primary Argument in Favor of the Transactions and Use Tax Measure on the November 3, 2026, General Municipal Election Ballot.
RECOMMENDATION:
It is recommended that the Council either:
1) Approve the language of the primary argument in favor of the Transactions and Use Tax measure for the November 3, 2026, General Municipal Election ballot to be signed and submitted by Council;
OR
2) Authorize that instead of the Council, the proposed five individual voters can sign the primary argument in favor of the Transactions and Use Tax measure for the November 2026 election prior to submittal to the Elections Official.
INTRODUCTION:
At its June 17, 2026, regular meeting, the City Council assigned a subcommittee to draft a primary argument in favor of the Transactions and Use Tax ballot measure placed on the November 3, 2026, ballot. The subcommittee consisted of Vice Mayor Atkins-Salazar and Councilmember Stillman.
Councilmember Stillman provided an argument in favor of the Transactions and Use Tax ballot measure with a request that the argument be signed by five voters instead of by Councilmember Stillman or the City Council.
The City Council may approve the wording of the argument and direct members of the Council to sign the argument before its submission to the Election Official as initially decided during the Council meeting on June 17, 2026. Alternatively, the Council can provide direction on whether a separate group of five voters presented by Councilmember Stillman should sign the argument instead.
BACKGROUND:
The City Council has authorized a ballot measure to be put forth to the voters at the November 2026 general municipal election. The measure is to extend the City’s existing Transactions and Use Tax.
DISCUSSION:
As decided during the City Council meeting on June 17, 2026, and pursuant to Elections Code section 9282, the City Council wishes to submit an argument in favor of the ballot measure and has appointed a subcommittee to draft proposed language for the Council’s approval. The primary argument and any rebuttal argument will be printed in the Voter Information Guide mailed out to each registered voter within the City of Arcata.
The City Clerk has received a written argument in favor of the ballot measure from Councilmember Stillman accompanied by a list of five signers who are individual voters in the City of Arcata. The list of signers includes Colin Fiske, Wendy Starr, Jeff Nagan, Charles Powell, and Stephanie Lane (their names and information can be found in Attachment B of this staff report). Guidance is being sought from the Council on whether the signers of this Primary Argument should still be the City Council as originally directed at the June 17, 2026, meeting or if these five voters should be authorized to sign the argument instead.
Primary written arguments for or against the measures must be submitted to the City Clerk by 1:00 p.m. on Friday, August 14, 2026. After that date, no arguments for or against the City measure may be submitted.
In addition to the City Council, any individual voter who is eligible to vote on the measure or bona fide association of citizens, may file a written argument for or against the measure. Arguments must be accompanied by the printed name(s) and signature(s) of the author(s) submitting them, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.
Arguments must be typewritten and have the following statement on the heading of the first page:
“Arguments in favor of or against the proposed laws are the opinions of the authors.” If more than one argument for or more than one argument against the measure is submitted to the City Clerk’s office within the time prescribed, the Clerk selects one argument in favor and one argument against the measure for printing and distribution to the voters of the City in the following preference and priority as prescribed by the California Elections Code:
(1) The legislative body, or member or members of the legislative body authorized by that body. (2) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. (3) Bona fide associations of citizens.
(4) Individual voters who are eligible to vote on the measure.
BUDGET/FISCAL IMPACT:
None with this action. Generally, there will be an increased cost for the election due to printing costs associated with the Voter Information Guide.
RECOMMENDED COUNCIL ACTION:
1. Receive a staff report;
2. Open public comment;
3. Close public comment;
4. Motion to either:
a. Approve the language of the primary argument in favor of the Transactions and Use Tax measure for the November 3, 2026, General Municipal Election ballot and proceed with the City Council signing and submitting the argument; OR
b. Authorize that instead of the Council, the proposed five individual voters can sign the primary argument in favor of the Transactions and Use Tax measure for the November 2026 election prior to submittal to the Elections Official.
ATTACHMENTS:
A. Primary Argument.
B. List of Five Signers.
Arguments in support or opposition of the proposed laws are the opinions of the authors.
ARGUMENT IN FAVOR OF MEASURE __
Vote YES on Measure__ to continue investing in Arcata's future.
Measure __ renews Arcata's existing ¾ cent local sales tax that has funded essential City services since first approved by the voters in 2008, as Measure G. This current measure extends that funding source to continue to support public safety through maintenance and improvements to streets, multi-use trails, sidewalks, bike lanes, environmental stewardship, emergency response and public safety staffing levels established in 2008.
Without the $39 million generated by Measure G, projects such as the Annie & Mary Trail; Humboldt Bay Trail; Old Arcata Road Rehabilitation; Sunset Blvd and LK Wood project; South Arcata Multimodal Improvement Project (SAMSIP); traffic calming measures; annual paving, slurry, and sidewalk improvements, including American with Disabilities Act (ADA) ramps and accommodations - would not have happened.
Measure G funds allowed Arcata to leverage the dollars spent on local transportation projects for an additional $35 million in grants.
Without renewal, Arcata would lose an important source of local revenue that helps maintain public safety and quality of life that residents, businesses, students, and visitors expect.
Every dollar generated by Measure __ stays in Arcata and cannot be taken by Sacramento or the federal government. Independent financial audits and public oversight help ensure that revenues are used responsibly and transparently.
Measure __ is a continuation of a locally controlled funding source—not a new tax.
Measure __ ensures visitors, tourists, students, and governmental agencies (including Cal Poly) all share the costs of supporting the transportation options and public safety we value. Measure __ is not charged for your groceries, prescription medications, services, or rent, limiting the impact on residents.
Please join community members in supporting continued investment in Arcata.
Vote YES on Measure __.
Measure (?) signers
Colin Fiske:
Executive director of Coalition for Responsible Transportation Priorities (CRTP) Member of Transactions Tax Oversight Committee
7-year resident of Arcata
Wendy Starr:
Population Health Professional
City of Arcata Planning Commission
7-year resident of Arcata
Jeff Nagan:
Downtown Arcata Property and Business Owner
27-year resident of Arcata
Charles Powell Charles Powell:
Equity Arcata Volunteer
29 -year resident Arcata
Stephanie Lane
Stephanie Lane
Executive Director of Cal Poly Humboldt
Alumni Relations, and Recreation
Committee Member
Arcata resident
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Keira Vink, Human Resources and Administrative Services Director PREPARER: Keira Vink, Human Resources and Administrative Services Director DATE: August 5, 2026
TITLE: Ratify the Employment Agreement with Jennifer Dart for the Position of Director of Community Development, for the term of August 16, 2026, to August 16, 2030.
RECOMMENDATION:
It is recommended that the Council:
1) Accept the appointment of Jennifer Dart to the position of Director of Community Development effective August 16, 2026.
2) Ratify the employment agreement with Jennifer Dart for the position of Director of Community Development, for the term of August 16, 2026, to August 16, 2030; and 3) Authorize the City Manager to execute all applicable documents.
INTRODUCTION:
Upon the City Manager’s appointment of Jennifer Dart to the position of Community Development Director, the Council is asked to ratify the resulting employment agreement for a term of four (4) years, commencing August 16, 2026, through August 16, 2030, and approve the initial placement of salary at the Management M232 level, step 4, with an annual salary of $134,942.18.
BACKGROUND:
Per Title II, Chapter 2, Article 2, Section 2121 of the Arcata Municipal Code, department heads are to be appointed by and are directly responsible to the City Manager.
DISCUSSION:
Jennifer Dart began her career with the City of Arcata as a Community Development Specialist in 2013. In 2018, Ms. Dart became the Deputy Director of Community Development directly overseeing the Department’s staff and operations. She brings the right combination of public sector and private sector employment experience to the position of Community Development Director.
In order to provide operational continuity, succession planning, and training, the City Manager has authorized a two-week transition plan for the role of Community Development Director. Beginning August 16, 2026, Jennifer Dart will hold the position of Incoming Community Development Director, and she will work under the direction of the current Community Development Director, David Loya until his retirement on August 31, 2026.
Beginning on September 1, 2026, Ms. Dart is granted the authorities of the Community Development Director and will assume responsibility for the Community Development Department.
The attached employment agreement is the result of the City Manager’s negotiations with Ms. Dart and is in the standard format currently being used with our Department Director and executive leadership positions.
BUDGET/FISCAL IMPACT:
Based on the background and experience Jennifer Dart brings to the position, the recommended initial salary placement is listed as M232 level, step 4 or $134,942.18 annually. The cost for this position is included in the Fiscal Year 2026/2027 Budget. The two-week transition period is being funded through salary savings of positions within the Community Development Department due to staff vacancies.
RECOMMENDED COUNCIL ACTION:
1. Receive a staff report.
2. Open public comment.
3. Close public comment.
4. Motion to:
a. Accept the appointment of Jennifer Dart to the position of Director of Community Development;
b. Ratify the employment agreement with Jennifer Dart for the position of Director of Community Development, for the term of August 16, 2026, to August 16, 2030; c. Authorize the City Manager to Sign All Applicable Documents.
ATTACHMENTS:
A. Jennifer Dart Community Development Director Employment Agreement
Agreement for Employment for Director of Community Development
EMPLOYEE AGREEMENT BETWEEN
THE CITY OF ARCATA AND JENNIFER DART
THIS AGREEMENT is made and entered into this 5th day of August, 2026, by and between the City of Arcata, a municipal corporation, hereinafter called “Employer” and Jennifer Dart, hereinafter called “Employee.”
RECITALS
WHEREAS, Section 2107(c) of the Arcata Municipal Code confers the power of appointment of City employees on its City Manager;
WHEREAS, the City of Arcata desires to initiate employment of Jennifer Dart, and Jennifer Dart desires to accept employment as the Community Development Director for the City of Arcata on the terms and conditions of this agreement;
WHEREAS, it is the desire of the parties to maintain certain conditions of employment within the framework of an at-will employment relationship; and
NOW THEREFORE, based on the mutual covenants, conditions and terms recited herein and made a material part hereof, the parties agree as follows:
SECTION 1. DUTIES
A. Under the administrative direction of the City Manager, Employer agrees to the continued employment of Employee for the City of Arcata to perform the functions and duties of Director of Community Development as set forth in the Arcata Municipal Code, resolutions, ordinances, and/or other regulations of the City, as well as the laws, rules and regulations of the State of California, and such other legal and reasonable duties as the City Manager may direct.
B. Neither the City Council nor its members shall interfere with the execution by Employee of her powers and duties. Except for the purpose of inquiry, the Council and its members shall deal directly with City departmental administration solely through the City Manager, and neither the Council nor its members shall give orders to Employee or any subordinate thereof, either publicly or privately.
SECTION 2. TERM OF AGREEMENT
A. The term of this Agreement, unless terminated earlier as provided in this Agreement, shall be for a period of four (4) years, commencing on August 16, 2026 and expiring on August 16, 2030.
This Agreement shall be automatically extended one-year (expiring 2031) unless on or before ninety (90) days prior to the expiration date, the City Manager provides Employee with written notice of the City Manager’s election to not extend this Agreement.
Agreement for Employment for Director of Community Development B. Employee agrees to devote her productive time, ability, and attention to the Employer’s business during the term of this Agreement. Employee may, however, undertake limited outside consultation or other professional activities with the prior and continuing approval of the City Manager and to the extent that such activities do not in any way interfere with or adversely affect her full-time employment with the City or the performance of her duties as provided herein. It is specifically understood and agreed that any outside consultation or other professional activities shall be secondary to this employment.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate this Agreement at any time, or the right of Employee to resign at any time from her position, subject to the provisions as set forth in Section 3 of this Agreement.
SECTION 3. TERMINATION OF EMPLOYMENT; SEVERANCE PAY
A. Termination, General.
This Agreement shall terminate upon the occurrence of any of the following events:
1. Upon ninety (90) days notice given to the City Manager by the Employee; or
2. Upon the death of the Employee; or
3. Upon the effective date of retirement from the Employer’s service pursuant to CalPERS; or
4. Upon the Employee’s permanent disability or the Employee’s inability to perform the essential duties of her position; or
5. Upon the decision of the City Manager to terminate Employee for cause.
B. Termination, For Cause.
“Termination for Cause” shall include:
1. Willful breach of the Agreement, as interpreted pursuant to California Labor Code section 2924.
2. Habitual neglect of the duties required to be performed by this Agreement, as interpreted pursuant to California Labor Code section 2924.
3. Continued incapacity to perform the duties required under this Agreement, as interpreted pursuant to California Labor code section 2924.
4. Any acts of dishonesty, fraud, misrepresentation or other acts of moral turpitude.
5. Conviction of any act which would constitute a crime, whether misdemeanor or felony, and which would bring disrespect to the position of Director of Community Development of the City of Arcata.
6. Willful violations of Employer policies of a serious nature, including for example, Employer’s Sexual Harassment or “Drugs in the Work Place” policies.
7. Any action described in the City of Arcata Personnel Rules and Regulations CHAPTER XI, DISCIPLINARY ACTION, SECTION 5 – GROUNDS FOR DISCIPLINE OF AN EMPLOYEE.
Agreement for Employment for Director of Community Development C. Severance.
1. In the event Employee is terminated without cause, Employer agrees to pay Employee a lump sum cash severance payment, or mutually agreeable payment plan, equal to the total of the Employee’s then current aggregate salary, that she would have been entitled to receive for a period of three (3) months under the terms of this Agreement. Employee shall also be compensated for all earned and unused vacation, floating holidays, sick leave, and other accrued benefits to date in such amounts and to such extent as accorded in the Employer’s current Resolution of Supplemental Compensation and Benefits for Management and Confidential Employees.
2. Notwithstanding the severance amounts specified in Sections 3.C.1, pursuant to Government Code section 53260, the maximum cash settlement that Employee may receive upon termination shall be an amount equal to the monthly salary of the Employee multiplied by the number of months left on the unexpired term of the agreement. However, if the unexpired term of the agreement is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18.
3. In the event Employee is terminated by the City Manager for cause or conviction, Employer shall have no obligation to pay the aggregate severance sum designated in Section 3.C.1.
D. Resignation. In the event Employee voluntarily resigns her position with the City of Arcata before expiration of the previously mentioned term of employment, then Employee shall give the City Manager ninety (90) days advance notice, unless the parties agree otherwise. If Employee voluntarily resigns, Employee will be compensated under the same terms and conditions for unused earned time that would be accorded to Senior Management Employees of the Employer.
Employer shall have no obligation to pay the aggregate severance sum designated in Section
3.C.1.
SECTION 4. COMPENSATION OF EMPLOYEE
A. Salary. Employer agrees to pay Employee for her services under this Agreement an initial annual base salary of $134,942.18 (Salary Grade M232 Step 4) within the current compensation range for the classification payable in installments as other Senior Management employees are paid.
B. Other Supplemental Compensation and Benefits. Employee shall receive supplemental compensation and benefits as set forth in Resolution No. 256-62, and any successor Resolution adopted by the City Council during the term of this Agreement.
C. Vehicle Use. Employee will furnish her own personal vehicle as required for her duties and obligations in performance of her agreement, for which employer shall provide a monthly allowance to Employee equal to Three Hundred Fifty ($350). Employee may use a City vehicle as appropriate, and in accordance with the City’s vehicle travel policy when traveling for City purposes out of the County or when Employee’s personal vehicle is not practical or feasible.
Agreement for Employment for Director of Community Development Personal vehicle use for City business out of the County shall be reimbursed with the City’s travel policy.
D. Cellular Phone Stipend. In recognition that Employee is required to be accessible outside of normal work hours, outside of her assigned work area during regular business hours, and in emergency situations; and is required to have wireless data and internet access, should Employee elect to use personal cellular phone, instead of a City issued cellular phone, Employer agrees to provide a monthly stipend for business-related use of Employee’s personal cellular phone. The monthly stipend shall be up to and not exceed the City’s current cost for a voice and data plan for City issued cellular phones. This initial maximum stipend shall be $35 per month and will be reevaluated annually, with any applicable adjustments to be applied each July. Employee shall provide annual documentation of actual monthly cost for her personal cellular phone used for business-related purposes. Employee shall abide by and comply with all City policies and procedures as it relates to use of a personal cellular phone for City business.
SECTION 5. MISCELLANEOUS PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.
B. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
C. If any provisions of the Employer’s Personnel Rules, Regulations, or Policies conflict with the atwill employment status described in this Agreement, such conflicts will be resolved in favor of the at-will status contained in this Agreement.
D. In the event that either party to this Agreement brings a lawsuit to enforce or interpret any provisions of this Agreement, the prevailing party shall be entitled to recover their reasonable attorneys’ fees and related expenses and costs.
E. This Agreement shall be governed by the laws of the State of California.
F. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party.
G. This Agreement contains the full agreement of the parties. Any modification or changes in this Agreement shall not be binding on either party unless such change or modification is in writing and signed by both parties.
H. The parties agree that they will, at all times, assist each other in defending any litigation involving the City of Arcata, or Employee’s duties with the City, and Employer agrees to defend any claim or action against the Employee that arises out of an act or omission occurring within the scope of
Agreement for Employment for Director of Community Development employment. The parties shall each comply with the requirements of Government Code section 825, or its successor in implementing this paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and year first above written.
EMPLOYEE EMPLOYER
By: Jennifer Dart By: Merritt Perry, City Manager
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: David Loya, Director of Community Development
PREPARER: Mads Odom, Administrative Specialist
DATE: August 5, 2026
TITLE: Award a Contract in the Amount of $161,965 to GHD, Inc., for Environmental Review and CEQA Compliance Services for Future Development of the Happy Valley Site (APN No. 507-081-038); and Authorize the City Manager to Execute All Applicable Documents.
RECOMMENDATION:
It is recommended that the Council:
1) Award a contract in the amount of $161,965 to GHD, Inc., for environmental review and California Environmental Quality Act (CEQA) compliance services for future development of the Happy Valley site (Assessor’s Parcel Number (APN No.) 507-081-038); and 2) Authorize the City Manager to execute all necessary documents.
INTRODUCTION:
The City is pursuing development of the Happy Valley property (APN No. 507-081-038) as a future business park following completion of the property's dissolution process. The proposed project includes grading and recontouring the site, constructing roads and utility infrastructure, and subdividing the property to support future private investment. The proposed contract award to GHD, Inc., would allow for environmental review and CEQA compliance services necessary to advance the project.
BACKGROUND:
The City’s former redevelopment agency acquired the 16.6-acre Happy Valley property on July 20, 2009, through Resolution No. 10-03 for future business park development. The Happy Valley site is located near West End Rd. at APN No. 507-081-038. The site is currently undeveloped, with no assigned address, and is accessed through an easement across private property. The Successor Agency to the Arcata Community Development Agency Long Range Property Management Plan was approved on November 24, 2015. The City subsequently executed the Taxing Entity Compensation Agreement on November 18, 2024, allowing the property to proceed toward redevelopment.
DISCUSSION:
The Community Development Department will manage the project with technical support from GHD. Specifically, GHD’s tasks for this project will include:
Project Management and Coordination
o Project management, budget tracking, and coordination with City staff Technical Studies and Reports
o Preparation of a wetland delineation report and biological resources report CEQA Initial Study/Mitigated Negative Declaration (IS/MND) o This will inform the City of the potential environmental impacts related to the scope of the proposed project and will include the following:
Project Description
Administrative Draft IS/MND
Screen Check Draft IS/MND
Public Review IS/MND and Noticing Support
Response to Comments and Mitigation Monitoring and Reporting Program (MMRP)
These services will provide the environmental analysis and documentation necessary to support CEQA compliance for the proposed project. GHD is expected to complete the services within six months following execution of an agreement. The City will provide 30-percent roadway design plans and preliminary parcel information to support the environmental analysis. The preliminary Phase 1 development concept includes a warehouse/distribution facility, roadway improvements, and utility infrastructure.
POLICY IMPLICATIONS:
The Implementation Plan and Economic Development Strategic Plan identify the Happy Valley property with detailed strategies for site redevelopment. Redevelopment of the property for economic development purposes will be consistent with the Implementation Plan, Economic Development Strategic Plan, General Plan, and Land Use Code.
ENVIRONMENTAL REVIEW (CEQA):
Portions of the Happy Valley site were previously evaluated by GHD during biological review conducted for the Happy Valley mitigation associated with the Annie and Mary Trail Project. Under the proposed contract, GHD will complete the remaining biological surveys and prepare the environmental documentation necessary to support compliance with CEQA.
BUDGET/FISCAL IMPACT:
GHD submitted a proposal in the amount of $161,965, which includes a 15 percent contingency.
This contract is budgeted as follows:
Happy Valley Project $161,965 Account 245-30-35-51780
RECOMMENDED COUNCIL ACTION:
1. Receive a staff report;
2. Open public comment;
3. Close public comment; and
4. If deemed appropriate by the Council, consider a motion to a. Award a contract to GHD, Inc., in the amount of $161,965 to provide environmental review and CEQA compliance services for the Happy Valley site (APN 507-081-038); and
b. Authorize the City Manager to execute all necessary documents.
ATTACHMENTS:
A. GHD, Inc.’s Arcata Happy Valley CEQA Compliance Proposal
718 Third Street
Eureka, California 95501
United States
ghd.com
The Power of Commitment
GHD Pty Ltd | ABN 39 008 488 373
June 24, 2026
Mr. David Loya
Community Development Director
City of Arcata
736 F Street
Arcata, CA 95521
Happy Valley CEQA Compliance
Dear Mr. Loya,
GHD is pleased to submit this proposal to complete biological review and CEQA compliance for the City of Arcata’s (City) Happy Valley project under the existing on-call agreement, which will presumably be extended beyond its current expiration date.
Project Understanding and Approach
The City is proposing to develop the 16.6-acre Happy Valley site (APN 507-081-038) as an industrial business park. The project includes grading and recontouring of an existing central bluff to create multiple developable parcels, circulation improvements, and supporting infrastructure for future industrial uses. The first phase includes development of an approximately 8.2-acre parcel for a warehouse/distribution facility, along with extension of a new roadway connection from West End Road, installation of utilities, and incorporation of stormwater features within a new right-of-way. The City will provide 30% roadway designs to support CEQA analysis, trip information related to off-site disposal, and technical studies completed by others that the City would like incorporated into impact analysis, such as a Phase 1 evaluation or similar documentation. Parcel configurations are expected to evolve as the design progresses; however, the City will provide sufficient parcel and development information to support a stable project description and CEQA analysis.
GHD understands that site development will involve substantial cut-and-fill balancing, with excavated material reused on-site to the extent practicable and exported to City-controlled reuse locations, including the 4633 Valley West site and/or the Little Lake Industries property. The two off-site disposal locations will be included in the CEQA environmental impact analysis and biological review. GHD assumes the Industrial Limiting zoning will not change and acknowledges the Wetland Creek Protection Zone at the western edge of the parcel.
The project site includes creek and wetland resources associated with the South Fork Janes Creek watershed, as well as designated wetland/creek protection zones and areas already identified for wetland mitigation tied to other City projects. GHD has previously conducted biological review of portions of the Happy Valley parcel in support of the Happy Valley mitigation development for the Annie and Mary Trail Project, during which wetland features, riparian areas, and vegetation communities were identified within the surveyed portion of the parcel, noting the entire parcel has not been surveyed by GHD. This prior field reconnaissance effort provides a strong technical foundation for the current biological resource mapping and reduces uncertainty regarding the presence and character of sensitive biological resources on the site.
Based on this understanding, GHD will prepare an Initial Study/Mitigated Negative Declaration supported by focused technical studies, including an aquatic resource delineation and biological review. The biological evaluation will leverage existing data and species information developed for the Annie and Mary Trail Project to [This proposal exceeds the dollar limit set by the on-call agreement; a separate agreement is needed.]
Ghd.com | Happy Valley CEQA Compliance 2
the extent applicable, supplemented by site reconnaissance of those portions of the parcel not previously surveyed and parcel-specific mapping to confirm current site-specific conditions.
Scope of Work
Task 1 – Project Management and Coordination
GHD will provide overall project management, coordination with City staff, schedule tracking, and budget management. This task includes regular communication to support development of the project description, coordination of technical studies, and advancement of the CEQA document.
GHD will conduct a kick-off meeting with the City to confirm scope, schedule, available data, and assumptions regarding the project description. GHD will review available design materials, figures, and prior studies to identify key data gaps and confirm CEQA strategy.
GHD will also attend up to seven virtual coordination meetings with City staff over the course of the project, including the kickoff meeting. Additional coordination will occur via email and phone. GHD assumes the project will be active for up to eight months, including the 30-day public review period.
Task 1 Deliverables
– Kick-off meeting plus six additional virtual one-hour meetings with the City team – Project schedule, with periodic updates
– Monthly invoices
Task 2 – Technical Studies and Reports
Based on the City’s direction, GHD will prepare a biological resources review and aquatic resource delineation.
Work will be informed by existing data, including prior studies completed by GHD for the Annie and Mary Trail project, and supplemented with targeted field verification. The study area for both investigations will include the Happy Valley parcel and the two off-site disposal locations.
Wetland Delineation (Two-Parameter and Three-Parameter) GHD will first review all available existing delineations for the Little Lake Industries parcel to avoid unnecessary field review and reporting. Additional field work at the Little Lake Industries parcel is not included.
Utilizing Global Positioning System (GPS) capability on a high accuracy Trimble handheld Global Navigation Satellite System (GNSS) device, the GHD wetlands team will investigate the study area (Happy Valley and West Valley sites) to map aquatic resource boundaries that meet the definition of the U.S. Army Corp of Engineers (USACE). The aquatic resources delineation will follow the three-parameter approach from the most current USACE Wetlands Delineation Manual, including the most current Regional Supplement to the USACE Wetland Delineation Manual: Western Mountains, Valleys and Coast Region, throughout the study area. Twoparameter wetlands will also be mapped, consistent with the City’s General Plan.
Vegetation and soil data will be collected at transects across the presumed wetland boundary with two plots (upland/wetland) per transect (intermediate plots may be placed without collection of data as appropriate). Soil pits will be dug to approximately 18 inches. Data on soil color, texture and redoximorphic features will be collected. Data on hydrologic conditions will be collected if observed.
Vegetation data collection will consist of listing the five dominant species at each plot. The species will then be classified as to whether or not they are wetlands indicators, using the most current standard reference for plant wetlands indicators: National Wetland Plant List: Western Mountains, Valleys, and Coast 2022 Final Regional Wetland Plant List (Lichvar 2022).
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A determination of the aquatic resource boundary will be made based on soil, hydrology (if present), and vegetative parameters (two-parameter and three-parameter approach). Once wetland and upland characteristics are determined for each transect, data points will be collected to map the aquatic resource boundary. Findings will be summarized in a draft and final aquatic resources delineation report.
Biological Resources Report
GHD will prepare a biological resources report to document existing habitat conditions, vegetation communities, and special-status species with potential to occur on the Happy Valley parcel and the two off-site disposal locations. The assessment will include a desktop review of available data sources and prior project documentation, including work completed for the Annie and Mary Trail project. Existing data will be used to inform baseline conditions, reduce redundancy, and streamline analysis. The report will focus on special status fish and wildlife species and their habitat. These investigations will compile data found during a record search of the California Natural Diversity Database/Biogeographic Information and Observation System (CNDDB/BIOS) and a list of federal endangered and threatened species obtained from the U.S. Fish and Wildlife Service. Additionally, any available maps, databases, and literature specific to local ecology shall be queried for biological resource data about the site. Targeted field reconnaissance will be conducted to confirm current site conditions and assess habitat suitability at Happy Valley and the two off-site disposal sites. Specialstatus species potentially addressed will include those listed under the federal Endangered Species Act (ESA), California Endangered Species Act (CESA), and other species of concern typically evaluated under CEQA.
Findings will be documented in a draft and final biological resources report. Findings from the late season protocol special status plant survey and vegetation mapping will be incorporated into the biological resources report.
Task 2 Deliverables
– Draft and final wetland aquatic resources delineation report and mapping – Draft and final biological resources report including vegetation community mapping Task 3 – CEQA IS/MND
GHD will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA). The IS/MND will evaluate potential environmental impacts associated with development of the Happy Valley industrial business park, including grading, infrastructure needs, roadway extension, initial site development, soil disposal, and operation.
Project Description
GHD will prepare a clear and concise project description based on available conceptual plans, 30% roadway design, and information provided by the City. The description will account for design uncertainty by describing project elements at an appropriate level of specificity to support CEQA analysis while allowing flexibility as design progresses. The project description will address site grading and recontouring, parcel development, roadway extension from West End Road, utility installation, stormwater features, and soil export to off-site reuse locations. GHD assumes the City will provide graphics to attach to the project description and IS/MND to convey the location of project elements and the development plan at Happy Valley. GHD will create general project location figures that show the Happy Valley parcel and the location of both off-site disposal areas.
Administrative Draft IS/MND
GHD will prepare an administrative draft IS/MND for City review. The document will include an Initial Study, Appendix G checklist and impact analysis across all resource topics. Technical analysis will focus on key issue areas, including biological resources, wetlands and waters, hydrology, construction-related emissions, transportation associated with haul and operations, and land use consistency. Air quality modelling will be
Ghd.com | Happy Valley CEQA Compliance 4
completed using the most current version of CalEEMod with model input information provided by the City. The analysis will incorporate findings from the technical studies prepared under Task 2.
Screen Check Draft IS/MND
Following receipt of consolidated City comments, GHD will revise the document and submit a screen check draft IS/MND for the City’s review.
Public Review IS/MND and Noticing Support
GHD will prepare the public review draft IS/MND for circulation, addressing any final City comments on the screen check draft, which are expected to be minimal and not require significant rework. The City will be responsible for CEQA noticing, AB 52 consultation, and circulation of the document.
Response to Comments and MMRP
Following the public review period, GHD will review comments received and prepare responses for up to 30 individual comments, for the City to include with their Staff Report when the Planning Commission considers the Project. If required, GHD will prepare an errata to the IS/MND, if needed. GHD will prepare a Mitigation Monitoring and Reporting Program (MMRP) for City use with approval of the Project.
Task 3 Deliverables
– Draft and final project description
– Administrative draft IS/MND
– Screen check draft IS/MND
– Public review draft IS/MND
– Response to comments and IS/MND errata (as needed)
– Draft and final MMRP
Assumptions and Exclusions
The following assumptions and exclusions are incorporated into this scope:
– GHD’s costs are based on our current understanding of the project at this phase and are based on the level of effort expected considering the nature, complexity, and anticipated level of controversy associated with the project.
– The costs presented are for the completion of tasks according to the schedule provided. – GHD assumes this project will remain active for a period of eight months and includes up to four one-hour client-only meetings. Extension of the project duration or additional internal meetings may require a modification.
– The City will prepare all noticing, AB 52, circulate the CEQA IS/MND, complete filing with the County Clerk and CEQASubmit, and directly pay all CEQA-related fees. – GHD attendance at public hearings is not currently included. – A cultural resources investigation is not included. The IS/MND will include inadvertent discovery protocol and reference the findings of the Annie and Mary Trial project Archaeological Survey Report, which included a portion of the Happy Valley parcel with negative findings. – Project design will remain at a conceptual level sufficient to support development of a project description; substantial design changes after preparation of the draft IS/MND may require scope adjustments. – Biological review will primarily leverage existing data from prior GHD work on the Annie and Mary Trail project, supplemented by limited field reconnaissance and updated database searches.
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– One late season plant survey is included, assuming a Notice to Proceed is received within two weeks.
Otherwise, protocol wildlife and plant surveys are not included. – Geotechnical, traffic impact analysis, and other stand-alone specialized technical studies beyond biological and wetlands are not included and will rely on existing data or screening-level analysis. GHD will incorporate information from other studies provided by the City (e.g., soils or geotechnical review completed by others).
– The IS/MND will not be updated as part of the response to comment. Instead, and any as-needed errata will be prepared, if needed.
– Access to the project site will be provided by the City. – One round of consolidated comments will be provided by the City at each deliverable stage. – The total number of public and agency comments on the IS/MND will be limited and will not require preparation of new technical studies.
– All deliverables will be provided electronically.
– A 15% on-call contingency will be available for additional services as directed by the City, including additional field work or expanded analysis, if needed.
Schedule
GHD will commence within ten business days of an issued task order and will complete all services within a sixmonth period assuming City review time for submitted deliverables is kept to ten business days or less.
Fee
Our cost estimate is based on the above scope of work and assumptions, not to exceed $161,965 including the requested 15% contingency. Billing rates will align with those established in the existing on-call agreement that included rates for the 2025/2026 fiscal year, which have been escalated by 5% for the 2026/2027 fiscal year, as summarized in Table 1 and consistent with prior years of escalation. GHD may balance billing across tasks but will not exceed with project total without prior written agreement. Mileage will be charged at the current federal rate.
Table 1 Escalated On-Call Rates
Employee Classification 23/24 Rate 24/25 Rate 25/26 Rate 26/27 Rate A002 $ 270.00 $ 283.50 $ 297.68 $ 312.56
A003 $ 250.00 $ 262.50 $ 275.63 $ 289.41
A004 $ 240.00 $ 252.00 $ 264.60 $ 277.83
A005 $ 235.00 $ 246.75 $ 259.09 $ 272.04
A006 $ 225.00 $ 236.25 $ 248.06 $ 260.46
A007 $ 210.00 $ 220.50 $ 231.53 $ 243.09
A008 $ 200.00 $ 210.00 $ 220.50 $ 231.53
A009 $ 175.00 $ 183.75 $ 192.94 $ 220.59
A010 $ 150.00 $ 157.50 $ 165.38 $ 173.65
Admin D008 -- -- $ 165.38 $173.65
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Regards,
Andrea Hilton
Sr. Environmental Planner
707-267-2262
[email protected]
Andrea Hilton
Sr. Environmental Planner
707-267-2262
[email protected]
City of Arcata
Happy Valley Biological Review and CEQA
Description
Project
Management
QA/QC
Sr. Planner Biologist GIS
Env.
Planner Planner Air Quality
Admin /
Tech Edit
Total
Hours Labor Total
Local
Mileage
Estimated
Project Total
Wolf/ Hilton Gaspar Harnett Lopez McNamara
Henandez /
Morris Meier Chocholek
$289 $278 $243 $243 $243 $232 $260 $174
Task1 Project Management and Meetings 15 4 0 0 7 0 0 8 34 $8,543 $0 $8,543 Task2 Technical Studies 4 24 130 32 10 72 0 8 280 $67,695 $80 $67,775 Subtask 2.1 Biological Resources Report 2 12 40 14 4 40 0 4 116 $27,967 $0 $27,967 Subtask 2.2 Aquatic Resources Delineation 2 12 90 14 4 0 0 4 126 $30,861 $40 $30,901 Subtask 2.3 Late Season Protocol Plant Survey and Veg Mapping 0 0 0 4 2 32 0 0 38 $8,867 $40 $8,907 Task3 CEQA 8 32 0 20 60 84 36 24 264 $63,646 $0 $63,646 Subtask 3.1 Project Description 2 6 0 6 20 0 0 4 38 $9,261 $0 $9,261 Subtask 3.2 Administrative Draft ISMND 4 12 0 10 20 70 30 8 154 $37,194 $0 $37,194 Subtask 3.3 Screen Check Draft 2 4 0 2 8 8 4 4 32 $7,710 $0 $7,710 Subtask 3.4 Public Circulation Draft 0 2 0 2 4 0 0 4 12 $2,709 $0 $2,709 Subtask 3.5 Response to Comments 0 8 0 0 8 6 2 4 28 $6,772 $0 $6,772 Task4 Contingency at 15% 4 10 34 8 11 13 5 5 90 $22,000 $0 $22,000 Total Labor Hours 31 70 164 60 88 169 41 45 668 $161,885 $80 $161,965 x Estimated Project Total $8,972 $19,448 $39,866 $14,585 $21,393 $39,128 $10,679 $7,814 668 $161,885 $80 $161,965
STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: Netra Khatri, City Engineer
PREPARER: Mara Grow, Administrative Specialist
DATE: August 5, 2026
TITLE: Introduce Ordinance No. 1593, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Title V of the Arcata Municipal Code to Update the Definition of a “Nuisance,” Change the Nuisance Abatement Hearing Officer to the City Manager, and Allow for the Recovery of Attorney’s Fees for Nuisance Abatement.
RECOMMENDATION:
It is recommended that the Council introduce Ordinance No. 1593, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Title V of the Arcata Municipal Code to Update the Definition of a “Nuisance,” Change the Nuisance Abatement Hearing Officer to the City Manager, and Allow for the Recovery of Attorney’s Fees for Nuisance Abatement; and waive reading of the text, and consent to be read by title only.
INTRODUCTION:
The proposed Ordinance amends the Abatement of Nuisances chapter of the Arcata Municipal Code (“A.M.C.”) to update the definition of a “nuisance,” change the nuisance abatement hearing officer to the City Manager, and allow for the recovery of attorney’s fees for nuisance abatement.
BACKGROUND:
Chapter 5 (Abatement of Nuisances) of Title V (Sanitation & Health) of the A.M.C. defines nuisances and establishes nuisance abatement procedures for the City of Arcata (“City”). Under the A.M.C. as currently written, nuisance abatement hearings are conducted before the City Council and involve testimony about the conditions constituting the nuisance, the estimated cost of abatement, and other relevant matters. The A.M.C. also authorizes the City to recover certain costs associated with nuisance abatement. However, the recovery of attorneys’ fees is not currently authorized. Government Code section 38773.5 authorizes a city to recover attorneys' fees in nuisance abatement actions and administrative proceedings when specified procedural requirements are satisfied, but recovery of attorneys' fees in nuisance abatement actions is not automatic. A city may, by ordinance, provide for the recovery of reasonable attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance. Because the A.M.C. does not currently provide for the recovery of attorneys' fees in nuisance abatement actions, the City cannot recover attorneys' fees incurred in such proceedings.
DISCUSSION:
Concerns have been brought to the City’s attention that are not explicitly covered by the current “nuisance” definition, including concerns about vacant buildings, blighted conditions, and loud or excessive noise. The proposed Ordinance augments the exist definition of a “nuisance” to include vacant buildings that are not reasonably secured, constitute a fire hazard, constitute a blighted condition detrimental to neighborhood property values, or are otherwise detrimental to public health, safety, and welfare. The proposed Ordinance also adds conditions that constitute prohibited visual blight and clarifies what constitutes an “attractive nuisance” posing a risk to infants or children.
Further, the proposed Ordinance prohibits certain loud or excessive noise, explosions, and destruction of property that disturb a neighborhood’s peace or quiet.
The proposed Ordinance designates the City Manager, or the City Manager's designee, as the hearing officer for nuisance abatement proceedings and allows the hearing officer’s decision to be appealed to the City Council. This change is intended to reduce the administrative burden on the City Council while allowing the City Council to hear appeals of hearing officer decisions.
Government Code section 38773.5 requires that any ordinance authorizing recovery of attorneys' fees contain specific provisions. The ordinance must provide: (1) for recovery of attorneys' fees by the prevailing party, rather than limiting recovery of attorneys' fees to the City if it prevails; (2) that the City must elect to recover fees and costs at the initiation of the action or proceeding in order to be entitled to seek recovery of attorneys' fees; and (3) that, in no action or proceeding, shall the award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
The proposed ordinance incorporates the requirements of Government Code section 38773.5 and authorizes the recovery of attorneys' fees in nuisance abatement actions, administrative proceedings, and special proceedings.
POLICY IMPLICATIONS:
The proposed amendments further the City's interest in preserving and protecting the public health, safety, and welfare through nuisance abatement and promote efficient and cost-effective procedures for the abatement of public nuisances.
ENVIRONMENTAL REVIEW (CEQA):
The Ordinance does not constitute a project under the California Environmental Quality Act (Pub.
Resources Code §§ 21065, 21080).
BUDGET/FISCAL IMPACT:
No fiscal impacts are anticipated for this action.
RECOMMENDED COUNCIL ACTION:
1. Open the Public Hearing.
2. Receive a staff report and review questions with staff.
3. Open public comment.
4. Close public comment and the public hearing.
5. Motion to introduce Ordinance No. 1593, An Ordinance of the City Council of the City of Arcata Amending Chapter 5, Title V of the Arcata Municipal Code to Update the Definition of a “Nuisance,” Change the Nuisance Abatement Hearing Officer to the City Manager, and Allow for the Recovery of Attorney’s Fees for Nuisance Abatement; waive reading of the text, and consent to be read by title only.
ATTACHMENTS:
A. Proposed Ordinance No. 1593 amending the Abatement of Nuisances chapter of the Arcata Municipal Code
4937-5861-2019, v. 1
ORDINANCE NO. 1593
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA
AMENDING CHAPTER 5, TITLE V OF THE ARCATA MUNICIPAL CODE TO UPDATE THE DEFINITION OF A “NUISANCE,” CHANGE THE NUISANCE
ABATEMENT HEARING OFFICER TO THE CITY MANAGER, AND ALLOW FOR THE RECOVERY OF ATTORNEY’S FEES FOR NUISANCE ABATEMENT
WHEREAS, the Arcata City Council (“City Council”) recognizes that abating public nuisances in the City of Arcata (“City”) is necessary to preserve and protect the public health, safety, and welfare; and
WHEREAS, the City Council recognizes that it is in the public’s interest to update the Arcata Municipal Code (“A.M.C.”) to include unsightly or blighted conditions, unsecured vacant buildings, and certain loud or excessive noise within the definition of a “nuisance”; and WHEREAS, the City Council recognizes that it is in the public’s interest to have efficient and cost-effective procedures for the abatement of public nuisances; and WHEREAS, the A.M.C. currently requires the City Council to preside over nuisance abatement hearings; and
WHEREAS, in an effort to reduce the administrative burden on the City Council, the City intends to designate the City Manager, or their designee, as the hearing officer to preside over the nuisance abatement hearings with the City Council available to hear any appeals of the hearing officer’s decision; and
WHEREAS, the A.M.C. authorizes the City to recover administrative costs incurred by the City in connection with nuisance abatements but does not specifically permit the City to recover attorneys’ fees related to nuisance abatements; and WHEREAS, pursuant to California Government Code section 38773.5, the City may pass an ordinance to provide for the recovery of attorney’s fees in any action, administrative proceeding, or special proceeding to abate a nuisance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCATA DOES ORDAIN AS FOLLOWS:
SECTION 1: Title V, (Sanitation & Health), Chapter 5 (Abatement of Nuisances), of the Arcata Municipal Code is hereby amended as follows by the deletion of language as shown by strike through and addition of language as shown by bold double underscore text:
TITLE V: Sanitation & Health
CHAPTER 5: Abatement of Nuisances
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Sec. 5500 Purpose and Scope.
Any nuisance, as defined herein, existing on any parcel of land in the City of Arcata County of Humboldt, may be abated as provided herein. The procedure for said abatement provided herein shall not be exclusive, but shall be cumulative and in addition to any other abatement procedure provided by the laws of the State of California, or the ordinances of the City of Arcata.
Sec. 5501 Definition of nuisance.
A nuisance is hereby defined to be:
A. Any condition declared by any statute of the State of California or ordinance of the City of Arcata to be a nuisance.
B. Any public nuisance known at common law or equity.
C. Any attractive nuisance which may prove dangerous or detrimental to infants or children, including but not limited to unprotected hazardous or unfilled pools or ponds, including pools or ponds that have not been properly barricaded.
D. Any condition dangerous to human life, unsafe, unsightly, blighted, or detrimental to the public health, welfare, or safety.
E. Any violation of the provisions of Part 5.5 (beginning with Section 19955) of Division 13 of the Health and Safety Code and any violation of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, and any regulation issued by the Department of Housing and Community Development of the State of California in connection with either said Part 5.5 or said Chapter 7.
F. The defacement of property of another by “graffiti or any other inscribed material,” as defined in Section 5502.
G. Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety, and welfare of the public.
H. Any condition that constitutes a visual blight. Visual blight shall be defined as any unreasonable, nonpermitted or unlawful condition or use of real property, premises or building exteriors which by reason of its appearance as viewed from the public right-of-way is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes but is not limited to the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:
1. Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials.
2. Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment.
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3. Abandoned, wrecked, or dismantled vehicles, as defined by section 5600 of the Arcata Municipal Code, or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. “Active state of renovation or restoration” means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed ninety (90) days, whether consecutive or nonconsecutive, out of any twelve (12) month period.
4. Stagnant water or excavations.
5. Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location.
6. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project.
7. Any condition of a building or structure deemed to be unsafe or that, in the discretion of the enforcement official, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified by ordinance or any other applicable law.
8. Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3 or its successor.
9. Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by City of Arcata inspectors and before such final inspection has been noted on the permit obtained from the City of Arcata.
I. Behavior constituting a violation of California Penal Code Sections 407, 409, 415, 416, and 603 or other noise, explosions, destruction of property or audible conduct that is unreasonably loud, raucous, excessive or jarring to persons within the area of audibility in any zone of the City of Arcata which disturbs the peace or quiet of any neighborhood. (Ord. 1204, eff. 4/2/1993; Ord. 1469, eff. 11/20/2015)
Sec. 5502 Other definitions.
A. "Council" shall mean the City Council of the City of Arcata.
B. "Enforcement official" shall mean any officer or department head of the City of Arcata charged with the duty of enforcing ordinances of the City of Arcata, or laws of the State of California.
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C. "Graffiti or any other inscribed material" shall mean any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn, affixed or painted on any real or personal property.
D. “Hearing officer” shall mean the City Manager or the City Manager’s designee.
E. D. "Occupier" shall mean the person occupying or otherwise in real or apparent charge and control of the premises affected.
F. E. "Owner" shall mean the owner of record of the premises affected. (Ord. 1469, eff. 11/20/2015)
Sec. 5503 Service of notice.
Except where specifically provided in Section 5515 4 for notice of an abatement lien or special assessment, any notice required to be given by the provisions of this Chapter shall be deemed to have been given when:
A. A copy of said notice is either served personally or has been deposited in the mail, postage prepaid, certified, return receipt requested, to every owner of record or occupier of the premises affected, addressed to such person at his last known place of address. The failure of the enforcement official to make or attempt to make such service on any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served. If no address can be found or is known to the enforcement official, then any notice shall be so mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive such notice shall not affect the validity of any proceedings taken hereunder; and
B. A copy of the notice is prominently and conspicuously affixed to the premises affected by the proceedings herein. (Ord. 1469, eff. 11/20/2015) Sec. 5504 Notice of Nuisance.
(First Notice) Upon the determination by the enforcement official that a nuisance exists, said enforcement official shall prepare a Notice of Nuisance, and shall cause copies of said Notice of Nuisance to be served as provided in Section 5503. (Ord. 1204, eff. 4/2/1993; Ord. 1469, eff. 11/20/2015)
Sec. 5505 Contents of Notice of Nuisance.
The Notice of Nuisance shall contain the following:
A. A street address, legal description, or other description sufficient to identify the premises affected.
B. A description of the condition causing the nuisance. Where the enforcement official has determined that the condition causing the nuisance can be corrected or abated by repair thereof, the notice shall state the repairs which will be required.
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C. Where the enforcement official has determined that the condition causing the nuisance is imminently dangerous to human life or limb, or is unsafe, or is detrimental to the public health or safety, he may order that the building or structure affected be vacated, pending the correction or abatement of the conditions causing the nuisance.
D. An order to commence the abatement of said nuisance within thirty (30) days, and to thereafter diligently prosecute and complete said abatement.
E. A statement that if the required abatement is not commenced and prosecuted within the time limit specified, the enforcement official will apply to the Council for an order to abate said nuisance, and that the costs of such abatement shall become a charge against the premises, and shall be made a lien or special assessment against the premises, and that if made a special assessment, it may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes, and shall be subject to the same penalties, interest and to the same procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes. (Ord. 1469, eff. 11/20/2015)
Sec. 5506 Notice to be recorded.
At the time said Notice of Nuisance is served as provided herein, the enforcement official shall cause a copy of said Notice of Nuisance to be recorded in the office of the County Recorder of Humboldt County.
Sec. 5507 Notice to Abate Nuisance.
(Second Notice) If, upon the expiration of the period specified in the Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within a reasonable time, the enforcement official shall cause a Notice to Abate Nuisance to be prepared, and shall serve such notice as provided in Section 5503. (Ord. 1469, eff. 11/20/2015)
Sec. 5508 Contents of Notice to Abate Nuisance.
The Notice to Abate Nuisance shall contain the following:
A. A heading, "Notice to Abate Nuisance", in letters of not less than three-fourths of an inch in height.
B. A notice to appear before the hearing officer Council at a stated time and place, which said time and place shall be not less than 15 days after service of said notice, to show cause, if any there be, why such condition should not be condemned as a nuisance, and why such nuisance should not be abated by the enforcement official.
Sec. 5509 Hearing.
At the time and place specified in the Notice to Abate Nuisance, the hearing officer Council shall proceed to hear the testimony of the enforcement official, his assistants or deputies, the testimony of the owner or his representatives, and the testimony of other competent persons concerning the conditions constituting such nuisance, the estimated cost of abatement, and other matters which the hearing officer Council may deem pertinent. Any person affected may be
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present at such hearing, may be represented by counsel, may present testimony, and may crossexamine the enforcement official, and other witnesses. The hearing may be continued from time to time.
Sec. 5510 Order of the hearing officer Council. (Amd. Ord. 1204, eff. 4/2/1993) Upon the conclusion of the hearing, the hearing officer Council may terminate the abatement proceedings, or they it may order the owner or other affected person to abate the nuisance, prescribing a reasonable time, not less than 30 days, for the completion of such abatement. Such order may further provide that, in the event such abatement is not commenced, prosecuted or completed within the terms set by the hearing officer Council, the hearing officer Council may order any of the following:
(a) that no permit, license or other entitlement shall be issued by the City for the property until the nuisance is abated and that a notice to that effect be filed in the building and planning departments’ records;
(b) that a notice be recorded in the official records of Humboldt County describing the property, the nuisance to be abated and the abatement order of the Council; (c) that the enforcement official shall be empowered and authorized to abate said nuisance.
The order of the hearing officer Council shall be served as provided in Section 5503 hereof, and the time limits set by the hearing officer Council shall not commence until said order is served as provided therein.
Sec. 5511 Appeal of order.
A. Within fifteen (15) days of the date of the order by the hearing officer, the owner or occupier may file a written appeal to the City Council with the City Clerk.
B. The fee for filing an appeal may be established by resolution of the City Council.
C. Upon receipt of an appeal and filing fee, the City Clerk will issue and mail by certified mail with return receipt a notice indicating the time and date of the hearing to the owner or occupier requesting the appeal hearing.
D. The City Council shall consider the appeal based upon the record of the hearing before the hearing officer and the hearing officer’s order, which the Council may affirm, overrule, or modify in its discretion. The City Council shall not accept new evidence, but may permit reasonable written and oral argument.
Sec. 5512 1 Jurisdiction to Abate. (Amd. Ord. 1204, eff. 4/2/1993) Upon the expiration of the time limits set by the hearing officer Council, as set out in Section 5510 hereof, the enforcement official shall acquire jurisdiction to abate said nuisance.
Sec. 5513 2 Revolving funds.
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The Council may create a revolving fund or funds from which may be paid the cost of enforcing the provisions of this ordinance, and into which shall be paid the receipts from the collection of costs as hereinafter set forth.
Sec. 5514 3 Sale of Materials.
The materials contained in any nuisance abated by the enforcement official may be sold in the same manner as surplus City personal property is sold.
Sec. 5515 4 Recovery of abatement costs, notice.
A. Abatement Lien or Assessment. The City may collect its abatement and related administrative costs by a nuisance abatement lien or as a special assessment against the parcel of land abated, after notice and hearing before the City Council. The owner of record of the property abated shall be given prior notice of the abatement lien or special assessment in accordance with this Section.
B. Account of Costs. The enforcement official shall keep an itemized account of the costs of enforcing the provisions of the ordinance codified in this section, and of the proceeds of the sale of any material connected therewith.
C. In any action, administrative proceeding or special proceeding commenced by the City to abate a nuisance, if the City elects at the initiation of that individual action or proceeding to seek recovery of its own attorney’s fees, the prevailing party shall be entitled to recover its attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the City in the action or proceeding.
D.C. Notice. Upon the completion of the abatement, the enforcement official shall cause a notice to be prepared specifying the work done, an itemized account of the costs and receipts of performing the work, an address, legal description or other description sufficient to identify the premises, the amount of the assessment proposed to be levied against the premises, a minimum of forty-five (45) days to pay the abatement costs, and the time and place when and where the enforcement official will submit the account to the Council for confirmation if the fees are not paid. The time and place specified shall be not less than forty-five (45) days after the service of the notice as provided in this Section. The notice shall contain a statement that the Council will hear and consider objections and protests to said account and proposed assessment or lien.
E.D. Service of Abatement Lien or Assessment Notice.
1. Abatement Lien. A notice of hearing on a proposed abatement lien shall be served on the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 425.20) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication therefor in a newspaper of
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general circulation published in the county in which the property is located pursuant to Section 6062 of the Government Code.
2. Special Assessment. A notice of hearing on a proposed special assessment shall be served by certified mail to the property owner, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. (Ord. 1469, eff. 11/20/2015)
Sec. 5516 5 Hearing on account and proposed assessment or lien.
At the time and place fixed in the notice, the Council shall hear and consider the account and proposed assessment or lien, together with objections and protests thereto. At the conclusion of the hearing, the Council may make such modifications and revisions of the proposed account and assessment or lien as it deems just, and may order the account and proposed assessment or lien confirmed or denied, in whole or in part, or as modified and revised. The determination of the Council as to all matters contained therein shall be final and conclusive. (Ord. 1469, eff. 11/20/2015)
Sec. 5517 6 Recordation of abatement or assessment.
Upon confirmation by the Council, the enforcement official shall cause to be prepared and recorded in the office of the County Recorder of the County of Humboldt, either a Notice of Abatement Lien or Notice of Special Assessment, as determined by the Council. Said Notice shall contain the following:
A. An address, legal description or other description sufficient to identify the premises.
B. A description of the proceedings under which the special assessment or lien was made, including the order of the Council confirming the assessment or lien.
C. The amount of the assessment or lien.
D. A claim of lien upon the described premises.
E. The identity of the record owner or possessor of the property, and the last known address of the record owner or possessor.
F. If confirmed by the Council as a special assessment, the date on which the assessment was made, and notice that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments.
G. A nuisance abatement lien shall attach upon recordation. (Ord. 1469, eff. 11/20/2015)
Sec. 5518 7 Effect of nuisance abatement lien.
A nuisance abatement lien shall attach upon the recordation of a Notice of Abatement Lien, and shall have the same force, priority and effect as a judgment lien. A nuisance abatement
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lien may be foreclosed by an action brought by the City for a money judgment. (Ord. 1469, eff. 11/20/2015)
Sec. 5519 8 Assessment, collection with ordinary taxes.
A Notice of Assessment, after recordation, shall be delivered to the County Auditor who shall enter the amount of the assessment on the assessment roll as a special assessment.
Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosures and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment. (Ord. 1469, eff. 11/20/2015)
Sec. 5520 19 Graffiti nuisance abatement, expense of abatement.
A. The City may recover its costs of abating a nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material in accordance with the provisions of this Chapter. Such costs may be made a lien against the property of the minor or other person creating, causing, or committing the nuisance, or against the property of the parent or guardian having custody or control of the minor. Alternatively, such costs may be made a special assessment against the property of the minor or other person creating, causing, or committing the nuisance, or against the property of the parent or guardian having custody or control of the minor.
B. Notice of a proposed abatement lien or special assessment shall be provided as set forth in this Chapter, except that in the case of any minor, notice shall be served on the parent or guardian having custody and control of the minor. (Ord. 1469, eff. 11/20/2015) SECTION 2: Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid under law.
SECTION 3: This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 4: This ordinance will take effect thirty (30) days after the date of its adoption.
DATED:
ATTEST: APPROVED:
City Clerk, City of Arcata Mayor, City of Arcata
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CLERK’S CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of Ordinance No. 1593, passed and adopted at a regular meeting of the City Council of the City of Arcata, County of Humboldt, State of California on the _______day of ______, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
City Clerk, City of Arcata