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During a three-hour study session on Tuesday night that included  comments from more than two dozen community members, the Arcata City Council made one significant decision about the Gateway Area Plan — to eliminate the controversial K-L Couplet, which would have converted K and L streets into one-way traffic, and to instead consider alternative options for calming traffic in the area. 

Tuesday’s meeting was the first of several joint study sessions planned over the next several months to go over the extensive plan to rezone 138 acres of town to facilitate the development of high-density housing in Arcata. It was also the first time the council had discussed the plan. All of the commission members and Councilmembers Sarah Schaefer, Meredith Matthews and Kimberly White used Tuesday’s study session to focus on three important aspects of the plan: the K-L Couplet, proposed building heights and inclusionary zoning. (Councilmembers Alex Stillman and Stacy Atkins-Salazar have recused themselves from all Gateway conversations because they both own property within 100 feet of the Gateway Area.) 

K-L Couplet 

The first topic addressed by the council and commission was the proposed K-L Couplet, which the Planning Commission had recommended as the preferred option for addressing concerns of increased traffic along the two streets, once more housing developments start coming in. Planning Commission Chair Scott Davies began by giving an explanation on the commission’s recommendation. 

“The view and lens through which we looked at the couplet was, what can we do and which plan would most increase the safety for biking, pedestrian and alter-abled members of our community,” Davies said to the council during the study session. “We determine that the couplet did the most to achieve this goal.” 

Commenter sings

The proposed couplet has been one of the most controversial aspects of the Gateway Area Plan, with many community members, especially those who live or work on L Street, urging their local government to ditch the proposal in favor of creating an L Street Linear Park, something that was proposed as a part of the Rail with Trail Feasibility Study done in 2010. A petition was even circulated in favor of the Linear Park and signed by more than 260 1,100 community members. 

Many of those community members showed up to voice their support for the linear park on Tuesday, including the very first speaker (or should we say singer?) of the night, Leslie Quinn, who provided her opinion through a song, set to the tune of the Sesame Street theme song, asking “Can you tell me how to get, how to get to Linear Park?” while dressed in a green onesie that looked like a chameleon. (Or frog? Not really sure.) Other commenters mentioned that the couplet was too “car-centric” and that a park would provide great benefits to the community, including safety and recreation.

And the council members agreed with the public on this one, unanimously requesting that staff remove the couplet option from the Gateway Area Plan and research alternative options, such as a Linear Park. Schaefer was also interested in exploring a “woonerf” style street, something that cars would share with bikes and pedestrians, but with much lower speed limits and other traffic-calming features. 

“After reviewing the comments that were submitted by the council members, it seems that we are pretty unanimous in seeking alternatives to the K-L couplet and supporting this original vision of a linear park on L street,” Schaefer said during the meeting. 

Building Heights 

Unlike with K and L streets, the council was unable to come to consensus on what has surely been the other most controversial aspect of the Gateway Area Plan – how high the buildings should be allowed to be built. 

Map showing Gateway Area and the four sub-districts it’s divided into. Click to enlarge

Since the plan was first introduced, the working theory has been that creating the amount of housing Arcata needs will require much denser developments, which in turn would require much taller buildings. Currently Arcata only allows for a maximum of four stories in the city, and city staff recommended raising that to as high as eight stories in some sections of the Gateway Area.

This was a tough subject for planning commissioners to agree on also, but after months of review the commission ultimately recommended that building heights be capped at seven stories in the Barrel District, six stories in the Gateway Hub, five stories in the Gateway Corridor and remain at four in the Gateway Neighborhood. 

Chair Davies said that the commission had recommended these heights because the “best way to provide a bikeable, walkable community and to protect greenspace outside of the city is to build as densely as possible.” 

“I’ll just add we’re in a housing crisis,” Commissioner Matthew Simmons added. “So when we’re talking about building heights, we’re also talking about places for people to live…Reducing building heights creates fewer places to live and exacerbates our housing crisis.” 

Schaefer and Matthews largely agreed with the commission’s recommendation, but White had a very different opinion and said she would like to see buildings be capped at five stories in the Barrel District, four stories in parts of the Gateway Corridor and three stories in the rest of the Gateway Area. 

“I understand that density will house more people,” White said during the meeting. “But is it about cramming everyone in [like] sardines, or is it about making this a livable Arcata where people want to thrive and live?”

This sparked a tense debate between White and the commissioners and the other two council members. Both Schaefer and Matthews said they would not be comfortable going below four stories, which is already the height permitted throughout the city. Davies added that although he understood White’s concerns, lower building heights would drive costs up, and he told White that if she wanted to keep smaller buildings she would “have to let go of any idea that you’re in support of affordable housing.” 

The other reason for supporting larger buildings, Davies explained, is that the plan includes a “community benefits program” that requires developers to provide additional community benefits, including things like public art creation and more green spaces, depending on how high they want to build. The higher the building, the more benefits they have to provide. You can view the full list of proposed benefits here. 

Unable to agree on the building heights, the council ultimately directed staff to provide more materials to the council, including presentations from a wide range of developers. 

Inclusionary Zoning

The final segment of the study session focused on the Gateway Area Plan’s Inclusionary Zoning requirements, which would set the percentage of low-income to very-low-income units a developer would need to provide with any new housing projects. The requirement would apply only to developments with more than 29 units. 

The Planning Commission recommended that the inclusionary zoning requirement be set at four percent for “very low income” and nine percent for “low income,” meaning that if a new development includes at least 30 units, the developer would be required to make nine percent of the units affordable to low-income households and four percent for very-low-income households.

The reason for these percentages, Davies explained, was that city staff and the commission agreed it would be sensible to set the percentages below the State Density Bonus Law. The law requires that developers be permitted to build more units, if they agree to provide a certain percentage of “affordable units.” For example, if the development includes at least five percent “very low income” and 10 percent “low income” units, the developer will be allowed to build 20 percent more total units. If the city were to set its inclusionary zoning limits too high, then it would be pointless, because the developer would already qualify for the density bonus. 

If it’s difficult for you to wrap your mind around this subject, you’re not alone. The city councilmembers again felt that they would need more time and information on the subject before making a decision on the inclusionary zoning requirements for the Gateway Area Plan. 

Mayor Schaefer said that the council will likely hold another study session for only the council to discuss the subject in more depth and also said that the city will hold another public workshop to gather feedback on the Gateway Code, which will guide development in the Gateway Area. Schaefer largely agreed with the commission’s recommendation and also stressed the importance of making sure that future projects including housing for low-income residents, but also for middle-class residents. 

“Seeing a Gateway Area Plan that both prioritizes and has inclusionary zoning that is sensible and is set at a level that will encourage housing to be built underneath our own community benefits program, instead of under a state program, is going to be essential to make sure that we are providing some set amount of affordable units within those projects, but we are also creating housing for people who really need it, who don’t qualify for affordable housing,” Schaefer said

UPDATE, FRIDAY, AUG. 25, 4:50 p.m.:

Due to aggressive fire behavior and severe weather which has affected the Smith River Complex fire over the last few days in Oregon, the previously planned escorted and limited traffic control on US-199 has tentatively been delayed until Wednesday, August 30th, as the roadway in Oregon is currently unsafe to travel.

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Press release from Caltrans:

The California Highway Patrol understands the stress and inconvenience caused to our Del Norte Residents due to the Smith River Complex Fire. Our number one priority is protecting and saving the lives of our residents, motoring public and the fire personnel working diligently to protect our homes.

US-199 is a vital necessity to our county for resources, medical supplies and everyday commerce. Our goal is to make US-199 a working thoroughfare as soon as possible.

The California Highway Patrol in collaboration with Caltrans, will open US-199 two times per day beginning Monday August 28, 2023 in an escorted and controlled one-way traffic capacity. This date could possibly be changed depending on the direction of travel the fire takes over the next several days.

There will be a morning commute and an evening commute to accommodate travel. The escorted travel schedule will be the following:

0700 Hours (7 a.m.): Travel from the south closure in Gasquet on US-199 to the Oregon border. Once all of the northbound traffic has been escorted through the closure to the Oregon border, southbound traffic will be escorted from the Oregon Border back to the south closure in Gasquet. Once traffic has been escorted through in both directions, US-199 will again be closed until the 1700 hour opening.

1700 hours (5 p.m.): Travel from the south closure in Gasquet on US-199 to the Oregon border. Once all of the northbound traffic has been escorted through the closure to the Oregon border, southbound traffic will be escorted from the Oregon Border back to the south closure in Gasquet. Once traffic has been escorted through in both directions, US-199 will again be closed until the 0700 hour opening the following day.

The Smith River Complex Fire is very unpredictable, and these plans are subject to change if there is a safety risk to our motoring public and/or personnel.

The California Highway Patrol values every member of Del Norte County, making their safety and best interest a top priority. We are eager to open US-199 and bring this valued resource back to our community.

A feud between private ambulance companies and local fire departments, with millions of dollars in profits on the line, underpins another battle about a ballot measure to restrict taxation in California that looms over the end of the legislative session.

American Medical Response, the Colorado-based corporation also known as AMR that reigns in the medical transportation services industry, has poured more than $3 million into the November 2024 initiative that would increase the requirements for implementing taxes, fees and other government charges — the single largest donor so far outside of its sponsor, the California Business Roundtable.

The contributions from AMR stand out especially in a campaign that has otherwise primarily garnered backing from real estate interests. Spokesperson Jason Sorrick said the company wants to stop fire departments from charging paramedics for the fire engines that respond to medical calls alongside them — fees that Sorrick said can add more than $1,000 to a patient’s ambulance bill and amount to taxing them again for a taxpayer-funded service.

“These charges prevent us from increasing wages and improving benefits for our paramedics and EMTs. They also limit our ability to improve or enhance our services because the revenue we are collecting is going to cover fire department overhead that has already been covered by taxpayers,” Sorrick said in a statement. “The intent is to let the voter, and thus the patient, decide if this practice is acceptable.”

Opponents say the fire departments that back up paramedics on these calls are providing a supplemental service, so eliminating their fees would shift the cost to taxpayers, boosting the profits of AMR and its peers. Some speculate that, in a sector where private companies regularly square off against emergency services agencies for lucrative exclusive contracts to provide ambulance rides in a community, AMR sees an advantage in limiting the ability of its public competitors to fund operations.

“It is painful to imagine why an out-of-state company with a mission to make a difference by caring for people in need would contribute millions of dollars-worth of its profits toward an initiative that will undermine publicly-provided emergency services to our communities,” Neil McCormick, chief executive officer of the California Special Districts Association, said in a statement.

Tax debate déjà vu

The California Business Roundtable initiative, dubbed the Taxpayer Protection and Government Accountability Act, secured its eligibility for the November 2024 ballot in February, but it suddenly threatens to become a central focus of the final stretch of the legislative session, which ends on Sept. 14.

A proposed ballot measure introduced last week with the backing of Assembly Speaker Robert Rivas, a Salinas Democrat, would flip the initiative’s own higher standards against it, requiring that changes to the threshold for approving state and local taxes pass by that same margin. That would mean the California Business Roundtable initiative would need to secure two-thirds support from the electorate, rather than a simple majority, a high hurdle for a statewide measure.

If the Legislature rushes this counterproposal through by the end of session, it could appear on the March ballot, before voters weigh in on the California Business Roundtable initiative. It advanced out of its first committee on Wednesday, and would need to pass by two-thirds in both chambers in the next month.

“Clearly there’s a pattern of people trying to use the initiative process to change the rules of the game for their own interests and I would just like things to be implemented fairly,” said Assemblymember Chris Ward, the San Diego Democrat who is carrying the legislative measure. “It just made all the sense in the world to me to say, ‘Look, if you’re going to try to move the goalpost, then you should have the same proportion of voters agree with you.’”

The situation is reminiscent of 2018, when the California Business Roundtable sponsored another initiative, funded largely by soda companies, that would have raised the threshold for passing local taxes. That proposal was pulled from the ballot after a last-minute deal with the Legislature to prohibit cities and counties from passing new soda taxes for more than a decade.

For now, lawmakers and other opponents of the proposed tax restrictions are brushing off any notion of negotiations this time around. But they seem perplexed by what the initiative’s major funders are after.

Carolyn Cole, executive director of the League of California Cities, said she was unsure why companies who do business with their communities would want to restrict the tax revenue they need to pay for those services. She compared it to “biting the hand that feeds them.”

“A measure that makes it harder for cities to have the resources to do what is necessary and important to serve their residents, to have a service provider like AMR contribute to that is sort of surprising to us,” Cole said.

What supporters want

AMR made three contributions to the initiative committee in spring 2022, totaling $3.1 million, or about a fifth of all money raised since it launched in late 2021, according to campaign finance records. The ambulance company sent another $500,000 to the California Business Roundtable’s political action committee — which has put about $6.4 million into its initiative campaign so far — during that time.

Meanwhile, contributions from investment companies, developers, property managers and builders make up nearly 40% of the $16.5 million raised by the campaign — and more than 90% of the $12.8 million donated to the California Business Roundtable’s committee since 2021.

Los Angeles-based Kilroy Realty, Santa Monica-based Douglas Emmett and Irvine-based Western National Group — the largest of the initiative’s real estate-affiliated donors — declined to comment or did not respond to questions about why they supported the effort. But property development and ownership are a frequent target of taxes, fees and assessments to fund public services and programs, especially by local governments.

Proponents of the California Business Roundtable initiative say they are cracking down on loopholes created by legislators and court rulings that weakened earlier voter-approved tax accountability measures.

“Alarmingly, a large segment of California’s small business community, including those who rent commercial space, are contemplating leaving the state, with many others struggling to stay afloat,” Hector Barajas, a spokesperson for the campaign, said in a statement. “California’s surging taxes and fees are a primary cause of the soaring cost of living, casting a dark shadow over all sectors in California, and housing is at the center of this impact.”

The measure would introduce a sweeping set of changes that make it more challenging to raise taxes in California, including a requirement for the Legislature to put any new or higher tax before voters for approval and another increasing the margin to pass a voter-initiated special tax at the local level, to two-thirds from a simple majority.

But perhaps the most significant provision — one that could upend the operation of California government at every level — would reclassify some fees and other charges that fund public services and programs as taxes. This would prohibit administrative agencies from setting these levies, requiring the Legislature or local governments to turn to the voters to adjust them.

Fees currently must not exceed the “reasonable costs” to the government of providing a service. The initiative would change that standard to “actual costs,” defined as the “minimum amount necessary to reimburse the government.” It would also raise the legal standard for the government to prove a levy represents that actual cost — which opponents fear would invite a wave of legal challenges to reclassify administrative charges as taxes that need two-thirds voter approval.

“Imagine asking voters to take up the various governmental charges for regulatory costs, licenses, permits, fines, and more on the ballot with a two-thirds vote,” McCormick of the special districts association said in his statement. “It could grind basic government functions to a halt.”

Local clashes may portend the future

A legal showdown over who controls medical transportation in Sonoma County highlights the potential stakes of this initiative for AMR and its rivals.

In California, emergency medical services operate through the counties, which must designate a local agency to manage their program. Those agencies are responsible for determining coverage areas for ambulance services and then awarding the contracts — which sometimes go to public entities, such as the county fire department, and sometimes to private companies, such as AMR. These providers then bill patients’ insurers for the ambulance rides.

The state’s $2 billion ambulance services industry is divided into 337 zones, according to the California Ambulance Association, about two-thirds of which are served by 170 private companies. The contracts — which generally guarantee exclusivity — can be lucrative and highly competitive.

Local fire officials in some areas have begun making moves for service zones long served by AMR, setting up intense and litigious battles over tens of millions of dollars in annual revenues. Santa Barbara County, where AMR has been the ambulance services provider for more than half a century, held its first ever public bidding process for the contract last year. Though AMR won the bid, the losing county fire department mounted multiple unsuccessful challenges, and the county board of supervisors ultimately voted in June to create a new system that splits the contract into three levels of care, each with its own provider.

In Sonoma County, officials awarded an exclusive ambulance contract to the county fire district in June, after three decades with AMR. The company sued, alleging that the bidding process was tainted by conflict of interest and that the fee schedule laid out by the fire district amounted to an illegal tax. AMR contends that the fire district would retain an excessive “profit” from its rates, more than its “reasonable costs” of providing the service, which should be considered a tax that needs to obtain two-thirds voter approval.

McCormick of the special districts association said this is already a challenging standard for emergency services agencies dealing with the volatile price of labor and materials. Tightening it even further to “actual costs” would be “unreasonable if not impossible,” he said, advantaging private ambulance companies who have freedom to set their fee levels.

“When it comes to emergency response and the safety of our families, what exactly is the minimum amount necessary?” McCormick asked in his statement. “These difficult, multi-faceted decisions are best assessed and determined through locally accountable boards, not through more lawyers in our court system.”

Sorrick, the AMR spokesperson, said the stricter standard for setting service charges will force government agencies to more transparently account for what they are paying for.

“This avoids double or triple charging for a service and prevents using profits generated from the fee to cover unrelated services or costs,” he said in his statement.

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Press release from the District Attorney’s Office:

Combs.

Today, a Humboldt County jury convicted 31-year-old Jake Henry Combs of first degree murder for the January 6, 2022 killing of 25-year-old Trevor John Earley of Alderpoint. Additionally, the jury found Combs intentionally discharged a firearm, causing Earley’s death. Combs faces 50 years to life in prison.

After hours of socializing together, Earley, Combs and others, were at Combs’ home when his large aggressive dog bit through Earley’s nose. Earley became upset and threatened the dog. Sometime later, while Earley chatted on the front porch with a friend, Combs retrieved his loaded 9mm pistol from his backpack, walked up to Earley from the side, and, without warning, Combs shot Earley in the head. Combs immediately fled the scene, but was apprehended by law enforcement on Highway 36.

Deputy District Attorney Whitney Timm, who prosecuted the murder, said: “I am grateful for the excellent investigative work of the Humboldt County Sheriff’s Office, California Highway Patrol, and the California Department of Justice - Bureau of Forensics. I extend my deepest condolences to Trevor Earley’s family.” District Attorney Stacey Eads hopes the family and loved ones of Mr. Earley find some degree of peace and closure in today’s outcome and expresses her appreciation for the jury and their service.

The case was prosecuted with assistance from District Attorney Investigator Martin Morris and Victim Witness Advocate Michala Pelren. Local defense attorneys Ben McLaughlin and Emery Welton represented Combs, who is scheduled to be sentenced by the Honorable Kaleb Cockrum on September 15, 2023.

PREVIOUSLY:

• 29-Year-Old Arrested in Connection With Alderpoint Homicide This Morning
• Friends and Family of Alderpoint Murder Victim Pack Courtroom as Suspect is Arraigned
• TODAY in COURT: Two Local Murder Cases Moving Forward
• TODAY in COURT: Man Convicted of Rio Dell Murder May Finally be Sentenced Next Month; Alderpoint Murder Suspect Scheduled for Preliminary Hearing
• Alderpoint Murder Suspect Told Cops He Shot Man in the Head to Save His Puppy, Investigator Testifies

Rex Bohn, Humboldt County’s longest-serving current supervisor, launched his re-election campaign today surrounded by supporters in the sunshine at the Redwood Fields recreation facility in Cutten.

Bohn is seeking his fourth straight term representing the county’s First District, which includes a southern sliver of Eureka and covers the county’s south and west portions, including the communities of Ferndale, Loleta, Scotia, Redway and Petrolia.

With hot dogs cooking on the grill and picnic tables hosting bowls filled with peanuts and tiny bags of chips, the event featured introductory remarks from friends and colleagues, including former Eureka City Manager David Tyson, Ferndale Volunteer Fire Department Chief Dennis DelBiaggio and Humboldt County Sheriff Billy Honsal.

To date, no one has announced their intention to challenge Bohn in the primary election, which will take place earlier than usual next year — March 5. Nonetheless, Bohn encouraged attendees to donate to his campaign as they signed his endorsement sheet, grabbed baseball-themed campaign stickers and snacked on cookies adorned with edible decals that read, “1 More in ‘24!”

As for a fifth term? Bohn threw cold water on that notion. “I can pretty much guarantee,” he said before starting over: “They say ‘Never say never,’ so I’m not going to say “never,” but I ain’t runnin’ again.”

Watch highlights from the campaign launch in the video above, and see photos from the event, snapped by the Outpost’s Andrew Goff, below.

Press release from the Humboldt County Sheriff’s Office:

On Aug. 21, 2023, at about 12:05 p.m., Humboldt County Sheriff’s deputies were dispatched to a gas station on the 39000 block of State Highway 299 in Willow Creek for the report of an assault.

Deputies contacted a 73-year-old male victim who had sustained minor injuries as a result of the assault. The victim told deputies that he was outside of the gas station when he was approached by the suspect, 37-year-old Chase Andrew Fullerton. Fullerton reportedly asked the victim for change. The victim declined and Fullerton then reportedly punched the victim in the head prior to fleeing the property.

Deputies located Fullerton walking on Sunset Lane near Village Way. He was taken into custody without incident.

Fullerton was booked into the Humboldt County Correctional Facility on charges of elder abuse (PC 368(b)(1)) and violation of probation (PC 1203.2(a)), in addition to warrant charges of vandalism (PC 594(b)(1)). 

Anyone with information about this case or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.

Press release from the Humboldt County Sheriff’s Office:

The Humboldt County Sheriff’s Office is seeking information regarding a recent vandalism to a Southern Humboldt power station.

According to a representative from Pacific Gas & Electric Company, an unknown suspect(s) reportedly shot at several electrical components within the Fort Seward substation, causing upwards of $200,000 worth of damages. The vandalism is believed to have occurred sometime between August 14-22, 2023.  

Anyone with information about this case, the suspect’s identity or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.