CITY OF CRESCENT CITY
Mayor Isaiah Wright Mayor Pro Tem Blake Inscore
Council Member Raymond Altman Council Member Jason Greenough Council Member Kelly Schellong
MINUTES
REGULAR CITY COUNCIL MEETING
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
MONDAY MARCH 6, 2023 6:00 P.M.
CLOSED SESSION
Call to order Mayor Wright called the closed session to order at 5:01 p.m.
Roll call Council Members present: Council Member Ray Altman, Council Member Jason Greenough, Council Member Kelly Schellong, Mayor Pro Tem Blake Inscore and Mayor Isaiah Wright
Staff present: City Manager Eric Wier, City Attorney Martha Rice, and City Clerk/Administrative Analyst Robin Altman
CLOSED SESSION
• Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9(d)(1)):
Bertsch-Ocean View Community Services District v. City of Crescent City (Del Norte Superior Court Case No. CVUJ-2020-1287), City of Crescent City v. Lounge Chair Investments, et al (Del Norte Superior Case No. CVUJ-2022-1131) Alice Brown v. City of Crescent City (USDC N. Dist. Cal. Case No. 18-CV-07826-EMC); William Paul v. City of Crescent City (USDC N. Dist. Cal. Case No. 20-CV-01967-CRB) • Conference with Legal Counsel - Potential Litigation (Gov. Code § 54956.9(d)(2)):
Claim of Christine Cravey
• Public Employee Performance Evaluation (Gov. Code § 54957): Titles: City Attorney and City Manager
There were no comments from the public.
The closed session adjourned at 5:57 p.m.
OPEN SESSION
Call to order Mayor Wright called the open session to order at 6:00 p.m.
Roll call Council Members present: Council Member Ray Altman, Council Member Jason Greenough, Council Member Kelly Schellong, Mayor Pro Tem Blake Inscore, and Mayor Isaiah Wright
Staff present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Finance Director Linda Leaver, Economic Development and Recreation Director 1 | Page
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Ashley Taylor, Public Works Maintenance Manager Jason Wylie, Public Works Director Dave Yeager, Housing Authority Executive Director Megan Miller (via Zoom), Maintenance Worker (?) Jonathan Clewell, and Police Chief Richard Griffin
Pledge of Allegiance led by Mayor Wright
REPORT OUT OF CLOSED SESSION
City Attorney Rice reported the following action was taken on a closed session item:
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Greenough, and carried 5-0, the City Council of the City of Crescent City rejected the claim of Christine Cravey She further reported that the Council will reconvene into closed session upon adjournment of the open session.
PUBLIC COMMENT PERIOD
There were no comments from the public.
Reports, Concerns, Referrals, Council travel and training reports - Council Member Altman: nothing to report
Council Member Greenough: nothing to report
Council Member Schellong: attended a Redwood Coast Transit Authority Workshop and Border Coast Regional Airport Authority
Mayor Pro Tem Inscore: met with the County and other advocates regarding homeless and providing housing and a temporary shelter, attended the Kamome Festival event planning meetings and the Visitors Bureau meeting.
Mayor Wright: nothing to report
CEREMONIAL ITEMS
1. Introduction of new employee Jonathan Clewell
Public Works Maintenance Manager Jason Wylie introduced Mr. Clewell to the Council and public; he was formerly a seasonal worker and has been hired full time.
2. Public Works Employee Recognition: Eric Eiler
Public Works Maintenance Manager Wylie explained how Eric Eiler has progressed through training and education to obtain certificates necessary to do more work for the City. He recently got his Water Distribution License which was not required for his job.
CONSENT CALENDAR
3. Council Meeting Minutes
Recommendation: Approve the January 30, 2023 meeting minutes of the Joint City Council/MeasureS Oversight Committee and the February 21, 2023 meeting minutes of the City Council.
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4. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period February 11, 2023 through February 24, 2023.
5. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending February 25, 2023, paid March 3, 2023..
6. Recycled Water Feasibility Study for the City's Wastewater Treatment Facility and Significant Industrial Users
• Recommendation: Receive and file "Crescent City Recycled Water Feasibility Study"
7. Confirm Appointment of Mayor Wright as alternate commissioner to Del Norte Solid Waste Management Authority Governing Board
• Recommendation: Confirm appointment of Mayor Wright to serve as alternate commissioner to the Del Norte Solid Waste Management Authority Governing Board
8. Storm Tree Removal
• Recommendation: Ratify the City Manager's signature of the Small Public Works Agreement with Turner Chopping, LLC
• Approve and adopt Resolution No. 2023-14, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
9. Utility Connection Fee Payment Plan Agreement
Recommendation: Approve and authorize the City Manager and Finance Director to sign a Payment Plan Agreement & Lien for Utility Fees for 650 D Street with Gabriel Hall
Council Member Schellong asked to pull item 4; Council was in consensus.
There were no comments from the public for items 3, 5-9 consent calendar.
On a motion by Council Member Greenough, seconded by Council Member Inscore, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City adopted the consent calendar consisting of items 3, 5-9 as presented There were no comments from the public for the Warrant Claims List.
Council Member Schellong explained that since she works for Bicoastal Media and some of the warrants were issued to companies that do business with her employer, for transparency's sake, she will be recusing herself from this item.
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Greenough, and carried on a 4-0-1 polled vote with Council Member Schellong recusing herself, the City Council of the City of Crescent City received and filed the warrant claims list for the period February 11, 2023 through February 24, 2023.
REPORTS AND PRESENTATIONS - None
PUBLIC HEARING - None
CONTINUING BUSINESS - None
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NEW BUSINESS
10. Fiscal Year 2022-23 Mid-Year Budget Update
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2023-15, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR Finance Director Leaver gave a brief overview for the mid-year budget update by going over the high-level items; the staff report gives detailed information on the budget as a whole. The Council is provided with monthly budget-to-actual reports to keep them abreast of the City's budget.
Director Leaver explained that HDL gives the City the tax revenue information and budgeting for last year was done so conservatively. The tax revenue budgets for this year show increases, therefore staff recommends the following: sales tax revenue budget to be increased $200k, Measure S to be increased $300k, and TOT to be increased $118k. Director Leaver explained that there have been some revenue and expense changes in the fire department - the revenue has increased (reimbursements) $20,836. This was from reimbursable travel and firefighter expenses due to mutual aid, such as our firefighters helping CalFire with large fires. The firefighters get paid by CalFire, but it funnels through the City and is considered a revenue and an expense; the expenses have increased $32,501. Council Member Schellong asked for clarification on the $9,700 and $11k listed in the report as revenue, but there was no expenditure.
Director Leaver explained that the $11k is included in travel and training for sending a firefighter to another fire as mutual aid. The $9,700 is a combination of other items that will be reimbursed by the Fire District. Director Leaver explained that the increase in the Planning Department of $59k is for the contract we have with SHN to handle City Planning; this is due to development picking up in the city. She went over the Street Department budget and that there is the recommendation from the outside consultant, California City Finance, to reduce the revenue budget by $41,203. This amount was based on the State's budget projections; gas prices are high, but consumption is down. She reported that the revenues in the General Fund will increase by $605,508 and the expenses by $177,042. Director Leaver went over the General Fund balance and the required reserve of 25% of operational expenses, not including grant or capital projects:
$2,287,973. $287,632 of unallocated general fund does not include the reserve or Measure S funds. The Sewer Fund had a revenue increase of $21,862 due to the County Service Area; the Water Fund has an increase in revenue of $5,150 and $71,046 in expenses due to a lot of major repairs that needed to happen this year. The Housing Authority had some minor adjustments - the expenses were up $3,383 due to some safety expenses and the revenues are up $670. The RV Park had expenses up $4,098. Regarding the Housing Authority, Mayor Pro Tem Inscore stated that the number is higher than usual, is this ok, or will it affect future funding options? Director Leaver stated the balance is from two different components, one being the Housing Assistance Payment (HAP) which can impact our future funding and that portion is relatively low.
Mayor Pro Tem Inscore asked about the $719 ARPA expense listed; Director Leaver said it was required to list and it was for administration. Council Member Schellong asked for Fire: $11k and $9k for revenue, but $32,501 in increased expenses as well. Director Leaver said that some of the expenses are reimbursable, some are not.
There were no comments from the public.
On a motion by Council Member Greenough, seconded by Mayor Pro Tem Inscore, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and 4 | Page
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adopted Resolution No. 2023-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF
CRESCENT CITY
Mayor Pro Tem Inscore asked when the Budget Workshop is scheduled for; City Manager Wier stated it is planned for Tuesday, May 9th and a follow up meeting on the 11th.
11. Acceptance of Grant Award from the State Department of Parks and Recreation for the Prop 68 Rural Recreation and Tourism Grant Program
Recommendation: Hear the staff report
• Technical questions from the Council
Receive public comment
Further Council discussion
• Authorize the City Manager to sign the Grant Agreement for Prop 68 Rural Recreation and Tourism Grant Funds in the amount of $3 million dollars City Manager Wier stated that $3million of the $23million available in funding was awarded to the City. There is no match required for these funds and a consultant team is ready to go. Council Member Greenough stated he is looking forward to this project. Council Member Schellong asked if the funds can be used for the maintenance of the infrastructure; City Manager Wier said this is for the building of the capital, maintenance is not covered with these funds. Council Member Schellong asked if there were any long-term thoughts about outsourcing concert management; City Manager Wier stated there has been some discussions amongst staff on the handling of events. Mayor Pro Tem Inscore stated that a local person that comes to town for an event, it has been shown they will pay on average $20 within the community. If it's a visitor, they will pay twice as much.
There were no comments from the public.
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Schellong, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City authorized the City Manager to sign the Grant Agreement for Prop 68 Rural Recreation and Tourism Grant Funds in the amount of $3 million dollars.
12. Lighthouse Cove RV Park Policy Changes
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize staff to limit stays to one month, defined as 28 consecutive days • Authorize a policy change to require guests to pay for their stays at the time of reservation effective April 3, 2023
• Authorize a policy change to allow refunds for stays cancelled within specified timeframe as set forth in the staff report prior to the reservation effective April 3, 2023 Economic Development and Recreation Director Taylor explained the time limit to stay at the RV Park and how residence is established by being on site for more than 30 days. This policy is to limit stays to 28 consecutive days, to receive payment when the reservation is made will help reduce the City's liability. Additionally, since payment will be taken up front, a refund policy is proposed to be created. If the cancellation is done more than 7 days in advance, there is a full refund less $15 processing fee. If it is less than 7 days, a full day will be charged. Council Member Greenough asked if there is anything in our reservation that allows someone to schedule 28 days, leave for two, and schedule another 28 days; Director Taylor stated they could. Council Member 5 | Page
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Schellong asked when the policy changed from the 30 days; Director Taylor believes it was in 2020 that allowed for long term. Mayor Pro Tem Inscore asked why the 28 days and not 30; if staffing is needed for the weekend to check to make sure people leave when they are supposed to. City Manager Wier stated that there are situations where people have gotten stuck and the extra 2 days helps mitigate any issues that come forward and there is coverage on the weekends.
Mayor Wright asked if they leave the RV Park and park in the parking lot in front, is that technically leaving? City Attorney Rice stated that the agreement is to lease that space and is what the 28 days covers; there is no risk if they park in the parking lot that is outside of the RV Park. Mayor Wright asked about an RV parking in the parking lot and taking up a lot of space, how can this be addressed; Chief Griffin stated that the parking lot is designed for public use and the RV Park is not. There are no laws on how the design of the parking lot is done, the same problem is occurring at Beachfront Park. He will research it more and return to the Council; his suggestion is to not allow RVs to park in that parking lot. Mayor Wright stated for travelling nurses who may have an 8 week stay here, he doesn't like having to ask them to leave for a day to come back again, would like to see that change. Council Member Greenough cautioned the long term stays as we lose rights as landlords and there has been issues in the past that have become legal situations. City Manager Wier stated that having visitors just move to another space after 28 days will ease the transition. Chief Griffin stated that the issue is not only evicting people from the Park, it's the buildup of belongings outside that becomes blight and that visitors will not want to come back.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Council Member Greenough, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City authorized a policy change to require guests to pay for their stays at the time of reservation effective April 3, 2023 and authorized a policy change to allow refunds for stays cancelled within specified timeframe as set forth in the staff report prior to the reservation effective April 3, 2023.
CITY COUNCIL ITEMS
• Legislative Matters -
• SB 402 - Emergency services: limiting police response * Police Chief Griffin read the bill summary to the Council. This will change how law enforcement deals with the homeless. They would no longer be handled by the police, but other agencies such as fire department, mental health professionals, community service officers, or emergency medical technicians. The only time the police can be involved is if there is a weapon involved or if the individual is known to be aggressive, or becomes combative. Chief Griffin spoke in opposition of this Senate Bill and believes it will get people hurt. Council Member Greenough suggested this be on our next agenda for a letter in opposition. The Council was in consensus to have a letter in opposition.
• AB 742 - Law enforcement: police canines
Chief Griffin read this bill summary to the Council. This bill would not allow for police departments to have K9s used for crowd control, apprehension, or biting, only for search and rescue and narcotic detection. Chief Griffin stated that this Bill will also get people hurt. Mayor Wright would like a letter in opposition for this one; the Council was in consensus.
• AB 344 - Peace Officers: tribal police
• This bill would deem certain tribal police officers to be peace officers on Indian lands and elsewhere in the state under specified circumstances. The bill would set certain minimum qualifications and training requirements for a 6 | Page
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tribal officer to act pursuant to this authority and would place certain requirements on the employing tribe, including certain financial responsibility requirements, a limited waiver of sovereign immunity, and the adoption of a tribal law or resolution authorizing that exercise of authority-supports this bill.
Draft letter of support was the consensus of the Council. • City Manager Report and City Council Directives -
• Chief Griffin reported to the Council that a couple of POST certified training is now available in house - Firearms, use of force, tactical firearms, evoc driving, electronic weapons course, and a First Aid/CPR/AED refresher course. • City Manager Wier reported that the Police Department has reached Lexipol Gold as well and they have grown in leaps and bounds since Chief Griffin has led the The weather has been rough and police and fire have been very busy, as well as the Public Works Department.
• Nick Rail put on an event this last Saturday for the Performing Arts Center. • Joint City Council/Planning Commission meeting was held for the Beachfront Park General Plan
• The Measure S Oversight Committee met and approved the report of the expenditures. Chair Perry will present at the next Council meeting. • The budget will be discussed at a staff level until the Budget Workshop
ADJOURNMENT
There being no further business to come before the Council, Mayor Wright adjourned the meeting at 7:50 p.m. to reconvene closed session. The closed session adjourned at 8:25 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, March 20, 2023, at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
ATTEST:
Palma
Robin Altman
City Clerk/Administrative Analyst
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