CITY OF CRESCENT CITY
Mayor Isaiah Wright Mayor Pro Tem Blake Inscor
Council Member Raymond Altman Council Member Jason Greenougt Council Member Kelly Schellong
MINUTES
REGULAR CITY COUNCIL MEETING
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
MONDAY MARCH 20, 2023 6:00 P.M.
CLOSED SESSION
Call to order Mayor Wright called the closed session to order at 5:00 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, Public Works Office Technician Heather Welton for 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) • Conference with Labor Negotiator (Gov. Code § 54957.6), City Representative: Eric Wier, Employee Organization: Crescent City Police Officer Association, Crescent City Employees Association, Clerical Employees of Crescent City, and Crescent City Management Employees Association
Council Member Schellong recused herself from CCEA negotiations due to conflict of interest - her son is a member of CCEA.
Council Member Altman recused himself from the CCMEA negotiations due to conflict of interest - his spouse is a member of CCMEA.
There were no comments from the public.
OPEN SESSION
Call to order Mayor Wright called the open session to order at 6:02 p.m. 1 | Page
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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, Public Works Office Technician Heather Welton for City
Clerk/Administrative Analyst Robin Altman, Human Resources Manager Sunny Gonzales, Housing Authority Executive Director Megan Miller, Finance Director Linda Leaver, Public Works Director Dave Yeager, 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 in closed session:
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Schellong and carried unanimously, the Council approved to a settlement agreement with Bertsch-Ocean View Community Services District and authorized the City Manager to sign on behalf of the City.
PUBLIC COMMENT PERIOD
The following residents addressed the Council:
Natalie Fahning- City resident spoke about beach access and people smoking, doing drugs and littering. She would like this to discontinue and would like certain beaches to be deemed non- smoking.
Reports, Concerns, Referrals, Council travel and training reports - Council Member Altman: nothing to report
Council Member Greenough: nothing to report
Council Member Schellong: Met with Director Taylor and learned about her department and goals.
Spoke about Saturdays' CASA fundraiser, Sunday will be trail maintenance at Craigs Creek Trail for the community to be involved in, on April 1st is Little League opening day, and April 7' is the SMART Workforce Center ribbon cutting.
Mayor Pro Tem Inscore: the existing litigation for 197 and 199 - the time for the plaintiffs has passed and there were no additional comments, therefore safety improvements can move forward. CalTrans has reported they are in a good place to get a funding mechanism to cover the expenses.
Mayor Wright: nothing to report
CEREMONIAL ITEMS
1. Child Abuse Prevention Month Proclamation
Mayor Wright read the proclamation aloud and presented it to Susan Smith of the Del Norte Child Care Council.
CONSENT CALENDAR
2. Council Meeting Minutes
• Recommendation: Approve the February 6, 2023, February 27, 2023, and March 6, 2023 meeting minutes of the City Council.
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3. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period February 25, 2023 through March 10, 2023.
4. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending March 4, 2023, paid March 17, 2023.
5. Amendment to the FY 22-23 Budget for Insurance Reimbursements for Police Department Vehicle Repairs
Recommendation: Approve and adopt Resolution No. 2022-16, 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
6. CCPD Officer Wellness and Mental Health Grant
• Recommendation: Accept the CCPD Officer Wellness and Mental Health Grant Funds • Approve and adopt Resolution No. 2023-17, 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
7. Lighthouse Cove RV Park Policy Changes
• Recommendation: Approve and adopt Resolution No. 2023-18, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ESTABLISHING A
RESERVATION POLICY FOR THE LIGHTHOUSE COVE RV PARK
8. Amendment No. 4 to GreenWorks Contract to Include Amphitheatre and Waterfront Plaza
• Recommendation: Approve and authorize the City Manager to sign Amendment No. 4 to the professional services agreement with GreenWorks to include design of the Amphitheatre and Waterfront Plaza elements at Beachfront Park
9. Budget Resolution for Prop 68 Rural Recreation and Tourism Program Grant Funds • Recommendation: Approve and adopt Resolution No. 2023-19, 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
Council Member Schellong asked to pull item number 3 from the consent calendar: the Council was in consensus. 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.
There were no comments from the public on items 2, 4-9 on the consent calendar.
Mayor Pro Tem Inscore motioned to adopt the consent calendar consisting of items 2, 4-9 as presented.
Council Member Schellong asked for items 3 and 7 to be pulled from the consent calendar after Mayor Pro Tem Inscore made his motion.
There were no comments from the public.
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On an amended motion by Mayor Pro Tem Inscore, seconded by Council Member Greenough and carried on a 5-0 polled vote, the City Council of the City of Crescent City adopted items 2, 4, 5, 6, 8 and 9 of the consent calendar as presented.
There were no public comments on item 3 on the consent calendar.
Council Member Schellong explained that she wanted item 7 pulled from the consent calendar as she would like the public to hear what the changes were to the Lighthouse Cove RV Park policies.
There were no comments from the public.
On a motion by Council Member Greenough, seconded by Council Member Altman, with Council Member Schellong recusing herself, and carried on a 4-0 polled vote, the City Council of the City of Crescent City received and filed the warrant claims list for the period February 25, 2023 through March 10, 2023.
For item 7, City Manager Wier went over the Lighthouse Cove RV Park Policy changes that were in regards to the length of stay and reservation cancellations.
There were no comments from the public.
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Schellong, and carried on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2023-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY
ESTABLISHING A RESERVATION POLICY FOR THE LIGHTHOUSE COVE RV PARK
REPORTS AND PRESENTATIONS
10. Del Norte County Mental Health Presentation
Program Manager for Behavior Health, Shiann Hogan, gave a PowerPoint Presentation that outlined the services offered by Mental Health.
11. Border Coast Regional Airport Authority Presentation Airport Director Ryan Cooley gave a presentation to the Council regarding the runway 18-36 rehabilitation, marketing, and lighting upgrade project. He went over in detail the reasons why the runways were in need of rehabilitation. Council Member Greenough asked if all entities have committed to support this project; Director Cooley stated that the only other member of the JPA who have committed funding is Del Norte County. Council Member Schellong stated in 2027 the other runway will need to be fixed and that should be on the Council's radar, budgeting a small amount annually will help when the funding request comes through. Mayor Pro Tem Inscore stated that the only entity that funds the airport annually is the County. No other entity is asked o do annual funding. The Council discussed wanting to have this funding request before th Council before the budget workshop; Council Member Altman wanted to wait until the Budde Consensus was to put discussion on next agenda
The following resident addressed the Council:
Ernest Perry- City resident, spoke in support of funding for the airport. 4 | Page
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12. Camp Spot / CivicRec
Economic Development and Recreation Director Taylor explained how Camp Spot will allow easier access for RV patrons to make reservations online and for pool patrons to sign up for swim lessons, get pool passes and join events.
PUBLIC HEARING - None
Mayor Wright convened the Crescent City Housing Authority meeting at 7:26 p.m.
CRESCENT CITY HOUSING AUTHORITY
(Minutes will be in the next agenda of the Housing Authority)
RECONVENE THE CITY COUNCIL MEETING
Mayor Wright reconvened the City Council meeting at 7:40 p.m.
CONTINUING BUSINESS
15. MeasureS Oversight Committee Annual Report for Fiscal Year 2021/2022 • Recommendation: Hear staff report
• Receive report from MeasureS Oversight Committee Chair Perry Technical questions from the Council
• Receive public comment
• Further Council discussion
• Receive and file the Crescent City MeasureS Oversight Committee Fiscal Year 2021/2022 Annual Report
City Manager Wier reported to the Council the many meetings of the Measure S Oversight Committee and that the 5-Year Plan that culminated from those meetings. He further reported that the Measure S Oversight Committee met on March 1, 2023 to receive the FY21/22 financial statements and independent auditor's report prepared by the independent Measure S auditor (Badawi & Associates) and adopted Resolution No. MS2023-02. This resolution approved a report on MeasureS Funds for Fiscal Year 2021-2022. The report confirms the amount of Measure S revenues received, the total expenditures, the balance of Measure S funds as of 6/30/22, and what departments/projects were funded with Measure S revenues in FY21-22. Measure S Oversight Committee Chairman Perry reported to the Council that the Committee reviewed all recommended expenditures and expenses of MeasureS funds and the Committee found that they were used properly and as reported by the City.
There were no comments from the public.
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Greenough, and carried unanimously, the City Council of the City of Crescent City received and filed the Crescent City Measure S Oversight Committee Fiscal Year 2021/2022 Annual Report
16. Tobacco Retail License Ordinance Discussion
• Recommendation: Hear staff report
• Technical questions from the Council
Receive public comment
Further Council discussion
• Give direction to staff regarding the development of a tobacco retail license ordinance 5 | Page
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City Attorney Rice reported to the Council that the County had adopted a Tobacco Retail License on September 24, 2022 had the following regulations: prohibits the sale of tobacco in any store that contains a pharmacy, limits the issuance of tobacco retail licenses to retailers that were in business on July 1, 2022 and provides that said licenses are not transferable between locations or persons, prohibits advertising tobacco products within 500 feet of schools, playgrounds, child daycare facility, community center or public library, prohibits the advertising or placement of tobacco products within 5 feet of candy, snack, or non-alcoholic beverage displays, unless access to the premises is limited to persons of age 21 and older; and makes the violation of any state or federal law related to the marketing, sale, or distribution of tobacco products an administrative violation that would result in a fine and automatic revocation of the TRL. After 60 days, the retailer could re-apply for a TRL. She outlined the City of Crescent City regulations which are: prohibits the advertising of tobacco products in a publicly visible location within 500 feet of a school, playground, daycare center, public community center, or public library (except within a store); prohibits the distribution of promotional tobacco products to minors; prohibits self-service displays - all tobacco products must be in a locked case or behind the counter; prohibits tobacco product vending machines; prohibits the sale of tobacco products to minors; requires points of sale signs regarding legal age to purchase tobacco products; and stores that have 3500 SF or less of retail floor area may only cover 10% of each window or door with signs, banners, ads, etc. The regulations contained above in items 2, 3, 4, 5, and 6 are all duplicative of state and/or federal laws. That leaves items 1 and 7 as the "local" regulations (in addition to the CUP, which is focused on location). Retailers that were operating prior to the adoption of the ordinance in 2015 are not required to get a CUP, unless they move locations. They are however, subject to the regulations set forth in 1-7 above. There is no set limit on the number of retailers that can obtain a CUP within the City. City Attorney Rice explained that the Council can decide to do a retail license or direct staff to what the specific problem or issue we are trying to solve by way of the ordinance. Council Member Greenough asked if a business license could be rejected; City Attorney Rice stated that the business license is a tax, it is not a regulatory mechanism. The only way it would not be renewed is if the fee was unpaid. Mayor Pro Tem Inscore stated that since the voters chose to ban flavored tobacco, he feels consistency in a community is good. He asked if the County is charging a fee for the license; City Attorney Rice stated that they are not charging a fee at this time, but will consider one in the future. Mayor Pro Tem Inscore spoke in opposition to charging a fee, but wanted to make sure the retailers were well educated in the ruling. Council Member Greenough stated that although tobacco is being limited, marijuana is not. Agrees that consistency is good, but the City should not interfere in the marketplace. Council Member Schellong stated that costs are important to think about; the problem trying to be solved is that people are dying from smoking and our children have access to tobacco more now than ever.
Council Member Altman asked if the Council was in agreement with mirroring the County's Tobacco Retail License; Mayor Pro Tem Inscore stated he was in agreement with that, would like some things adjusted. He further stated that he agreed with Council Member Greenough regarding marijuana and it should be revisted. Mayor Wright stated that we are only limiting tobacco retailers to 10 or however many children are not going to. He further stated that he does not believe this to be a children problem, as there is an age restriction to purchase tobacco, he believes this to be an adult problem as the tobacco is more than likely coming from adults to youth. He wants to see the Tribes do something in regards to tobacco and his other concern would be fees for the TRL. Agrees with regulations, however, states there is no proof that retailers are illegally selling tobacco to youth. Council Member Greenough stated he is concerned that our local pharmacies will go out of business if they are not allowed to sell tobacco; additionally he spoke about being in opposition to smoking, but is in support of free markets.
The following residents addressed the City Council:
Denise Doyle Schnacker: spoke in support of the ordinance. 6 | Page
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Crystal Yang, Health Education Coordinator for the Tobacco Use Prevention Program: she stated that the children were the inspiration for this item.
Abigail Duran- Spoke in support of the ordinance, spoke about her experience in high school and people vaping in the restrooms.
Ryan Smith- Spoke in support of the ordinance.
Amber Wier-Project Director for NorCal 4 Health, spoke in support of the ordinance.
Natalie Fahning- Spoke in support of the ordinance.
Dr. Jay McCubbrey, PhD- With Tobacco Free North Coast, spoke in support of the ordinance.
Darrin Short- Spoke about the town hall meeting on March 20th and how they spoke about the vaping issues in the high school.
Police Chief Griffin updated the Council on new laws regarding finding tobacco or vapes on youth and how the laws have taken power away from law enforcement.
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Schellong, and carried unanimously on a 4-1 polled vote, with Council Member Greenough voting no, the City Council of the City of Crescent City directed staff to bring back an ordinance based on the county's Mayor Wright called a recess at 8:48 p.m.; reconvened at 8:54 p.m.
Council Member Greenough reminded the Council that there was a discussion to have a 2x2x2 which would include the City, County, and School District to discuss enforcement and education.
He stated that if the Council would like to see this move forward, he would volunteer to be on the committee, he recommended Mayor Pro Tem Inscore to be the other representative. Mayor Pro Tem Inscore agreed to volunteer on the committee; he recommended it be on the next Council agenda to have a Mayoral appointment of a 2x2x2.
NEW BUSINESS
17. WaterSMART Grant Application Authorization
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to apply for the WaterSMART Grant for the construction of two additional production wells at the Rellim Road site • Approve and adopt Resolution No. 2023-20, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY, AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL WATERSMART GRANT AGREEMENTS
AND TO ADMINISTER THEM
Public Works Director Yeager gave a brief overview of this item that had previously gone before the Council. He stated that project would be for three wells on the 5¼ acre property that the City owns, a generator and building structures. This total anticipated project cost would be $2.1 million.
The current match was between $60k - $120k. He stated the source for the water is upstream from the chlorination building and it's a good source. Testing will be done to ensure that other 7| Page
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wells are not negatively affected. If the grant is not secured, staff will be coming back to the Council to say this is the project we have, if the grant is received a better project will be proposed.
Council Member Altman asked about the three test wells that were proposed; City Manager Wier stated that the first set of funding was for a feasibility study, a desktop study which looked at the neighboring wells and geological data. City Manager Wier outlined the Council's allocation of funding for the drilling of the test well. Council Member Altman asked for clarification as it was his understanding what was approved at a Council level was to get test wells drilled, but it was for a survey done by desktop. Mayor Pro Tem Inscore asked why the initial recommended approach wasn't done instead of drilling three 12 inch test wells. City Manager Wier explained that a 12 inch test well was more cost effective and then commission a well. Director Yeager stated that the test well can be drilled this Fall; the most prudent thing to do is to wait to see if the second grant is awarded to move forward by linking the projects together. Mayor Pro Tem Inscore asked about the additional $400k; City Manager Wier stated that the difference is the scope of work and the addition of a generator was included; the first project didn't have an emergency generator. This generator is very large and estimated to be around $300k- $400k. Council Member Greenough stated that since it has been a rainy season, he hoped that was taken into consideration when reading the water levels; Director Yeager explained that is why one well is done first.
There were no public comments.
On a motion by Council Member Schellong, 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 authorized the City Manager to apply for the Water SMART Grant for the construction of two additional production wells at the Rellim Road site and approved and adopted Resolution No 2023-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL WATERSMART GRANT
AGREEMENTS AND TO ADMINISTER THEM
18. Contract Amendment with Jacobs and Application for Additional Clean Water State Revolving Funds (CWSRF) Grant Funding
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to execute contract Amendment 6 with Jacobs Engineering for Phase 2 of the RBC/Digester/Sludge Thickener upgrade design (contingent upon funding)
• Authorize staff to make application for Clean Water State Revolving Funds to accommodate Phase 2 of the design
City Manager Wier reported to the Council that the Wastewater Treatment Facility is a critical facility and is in a structural deficit from a financial side for many years. There was a key facilities plan that identified key components of the Treatment Plant that needed to be upgraded. Recently, the City received a grant from the State Water Resources Control Board through the State revolving funds in the amount of $393k. These funds would be used to do Phase 2 of the RBC/Digester/Sludge Thickener upgrade design and staff is seeking $3,367,000 for the full project cost, this is a forgivable loan. Additionally, the filter replacement recently done on the MBRs could be fully forgivable, the influent gate replacement City staff is currently working on and in the budget could be fully forgivable, as well as the replacement of some chemical tanks and the full engineering which is estimated at $2.5 million.
There were no comments from the public.
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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 authorized the City Manager to execute contract Amendment 6 with Jacobs Engineering for Phase 2 of the RBC/Digester/Sludge Thickener upgrade design (contingent upon funding) and authorized staff to make application for Clean Water State Revolving Funds to accommodate Phase 2 of the design.
19. Acceptance of FY2023 Economic Development Initiative Community Project Funding Grant Award
Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize the City Manager to sign the Grant Agreement for FY2023 Economic Development Initiative Community Project Funding award in the amount of $750,000 and act on the City's behalf in all matters pertaining to this grant awar • Approve and adopt Resolution No. 2023-21, 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
City Manager Wier reported to the Council that this item is a direct result of Congressman Huffman's visit to Crescent City and his understanding of the Front Street project. The funding of $750k will be combined with the CRISSA funding to get the next block of Front Street. Director Yeager reported on the project stating that the combined funding will give the City $1.5 million.
He further stated that the project is currently out to bid, currently there are three contractors bidding on the project. Regarding the CRISSA funding of $515k, $350k was provided through the Feds to CalTrans. CalTrans has said that between local CTC and CalTrans for additional funding, it did not make their agenda to vote in March. The City will still receive $350k, but it will take two meetings with CTC. Mayor Pro Tem Inscore asked that since it's not appearing to be confirmed we will get the money, why not go back to the Measure S Oversight Committee so the project can move forward; City Manager Wier stated that the money comes from CalTrans and will need to be spent.
There were no public comments.
On a motion by Council Member Greenough, 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 FY2023 Economic Development Initiative Community Project Funding award in the amount of $750,000 and act on the City's behalf in all matters pertaining to this grant award, and approved and adopted Resolution No. 2023-21, 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
CITY COUNCIL ITEMS
> Legislative Matters - City Manager Wier reported to the Council that League of California Cities District Representative Sara Sanders sent information this afternoon regarding SB423.
This bill permanently extends the provisions of SB 35 and expands them to cover mixed- income housing developments. He further stated that this bill takes away a lot of local control.
Mayor Pro Tem Inscore asked for City Manager Wier to send the Council the information and that the Council in the past has been in opposition to these sorts of bills. > City Manager Report and City Council Directives -
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• Economic Development and Recreation Director Taylor updated the Council on a couple of events. The first one is the Spring Adventure at Fred Endert Municipal Pool which will include an egg hunt in the pool as well as games on the pool deck with prizes. Registration is $5 per child for the event. On April 14th will be the Kamome Festival which celebrates the 10 year anniversary of the Japanese boat, Kamome, washing ashore here in Crescent City.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Wright adjourned the meeting at 9:52 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, April 3, 2023 at 6:00 p.m. in the Flynn Center, 981H Street, Crescent City, CA 95531.
ATTEST
Robin Altman
City Clerk/Administrative Analyst
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