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 MEETING OF THE
CITY COUNCIL OF THE CITY OF CRESCENT CITY
WASTEWATER TREATMENT FACILITY
210 BATTERY STREET
CRESCENT CITY, CA 95531
MONDAY JULY 10, 2023 6:00 P.M.
CLOSED SESSION
Call to order Mayor Wright called the closed session to order at 5:02 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 members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, and Finance Director Linda Leaver
CLOSED SESSION PUBLIC COMMENT PERIOD
There were no comments from the public.
CLOSED SESSION
• Conference with Legal Counsel - Anticipated Litigation (Gov. Code § 54956.9(d)(4)): 3 cases
Conference with Labor Negotiator (Gov. Code § 54957.6): Agency Representative: Eric Wier; Employee Association: Crescent City Management Employees Association, Crescent City Employees Association; Unrepresented Contract Employees: Chief of olice, Fire Chief, Public Works Director, Economic Development and Recreatio Director, Housing Directo
Council Member Altman recused himself from the CCMEA discussion due to a conflict of interest as his wife is a member of the unit.
Council Member Schellong recused herself from the CCEA discussion due to a conflict of interest as her son is a member of the unit.
REPORT OUT OF CLOSED SESSION
City Attorney Rice reported no actions were taken on closed session items. 1 | Page
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OPEN SESSION
Call to order Mayor Wright called the open session to order at 6:02 p.m.
Roll call
Cason Members resi Meaner Mell Relatayor Pro meer
Inscore, and Mayor Isaiah Wriahi
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Finance Director Linda Leaver, Public Works Director Dave Yeager, Human Resources Manager Sunny Gonzales via Zoom, Housing Authority Executive Director Megan Miller via Zoom, Economic Development and Recreation Director Ashley Taylor, Police Officer Jordan Fillippa, Sgt. Anthony Lopez, K9 Lt. Kai, Police Officer Daniel Sanders, K9 Sgt. Kostya, Police Officer Ethan Miller, Police Officer Magnolia Valero, Police Officer Connor Sperling, Sgt. Alex Pearson and Police Chief Richard Griffin
Pledge of Allegiance led by Mayor Wright
PUBLIC COMMENT PERIOD
The following residents gave public comment:
Dorothy Riley: spoke about nanotechnology and co-intelpro, police brutality, and that she is being controlled by psych-warfare.
Jonathan Greenough: Thanked the Council for bringing back the tire swing to the Brother Jonathan Playground.
> Reports, Concerns, Referrals, Council travel and training reports - Council Member Altman: attended a stakeholder meeting in Gold Beach with Congresswoman Val Hoyle, along with several dignitaries, to discuss the protection of the North Fork of the Smith River and salmon from nickel mining
Council Member Greenough: nothing to report
Council Member Schellong: has attended the Border Coast Regional Airport Authority meeting (listen to her list; met with Nick Rail for the Performing Arts Center, she and Council Member Greenough will be meeting with the County to discuss Animal Control and Dispatch. Road in a firetruck with her grandson in the 4t of July parade
Mayor Pro Tem Inscore: spent a week in our Sister Clty Rikuzentakata; there will be a formal presentation when everyone can get together. Was impressed with the 4th of July and that it went very well
Mayor Wright: appreciated riding in the 4t* of July parade alongside Chief Griffin; he handed out books to the children in the crowd
CEREMONIAL ITEMS
1. Oaths of Office for Police Officer Jordan Fillippa
Police Chief Griffin reported to the Council about Officer Fillippa's academy experience and how he was top of his class. City Clerk/Administrative Analyst Altman administered the Oath of Office to Officer Fillippa. Officer Fillippa spoke of his thankfulness for being a part of CCPD and Measure S that made attending the Academy easier on him financially. 2 | Page
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2. Police Chief Commendation for Mrs. Alyce Pearson
Police Chief Griffin explained to the Council how Officer Alex Pearson's mother, Alyce Pearson, has been instrumental in making sure the officers' uniforms always stay sharp by offering her seamstress talents. He presented her with the Police Chief Commendation.
CONSENT CALENDAR
3. Council Meeting Minutes
• Recommendation: Approve the June 20, 2023 meeting minutes and the April 10, 2023 special closed session meeting minutes for the City Council.
4. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period June 10, 2023 through June 30, 2023.
5. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending June 17, 2023, paid June 23, 2023 and period ending July 1, 2023, paid July 7, 2023.
6. Budget-to-Actual Financial Reports for May 2023
• Recommendation: Receive and file monthly budget-to-actual financial reports of the City's major operating funds for the month of May 2023
7. Budget Amendment for Purchase of Water Meter/Pressure Recorder on Elk Valley Casino Water Supply
• Recommendation: Approve and adopt Resolution No. 2023-47, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY
8. 2023-2025 MOU with Crescent City Management Employees Association and Side Letter Agreement Regarding Confidential Employees
• Recommendation: Approve and adopt Resolution No. 2023-48, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING A
MEMORANDUM OF UNDERSTANDING AND SIDE LETTER AGREEMENT
BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT CITY MANAGEMENT EMPLOYEES ASSOCIATION FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025
9. Update Position Control
• Recommendation: Approve and adopt Resolution No. 2023-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY 2023- 24 POSITION CONTROL
10. Annual Salary Update, Longevity Pay and Merit Pay for Contract Employees Recommendation: Approve and adopt Resolution No. 2023-50, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY REVISING THE SALARY
SCHEDULE FOR CERTAIN CONTRACT POSITIONS
• Approve and adopt Resolution No. 2023-51, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY APPROVING SPECIAL PAYS FOR CONTRACT EMPLOYEES EFFECTIVE JULY 1, 2023
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11. Elk Valley Rancheria Coastal Conservancy Grant Application Letter of Support Recommendation: Authorize the Mayor to sign a letter of support for the Elk Valley Rancheria's Coastal Conservancy grant application to purchase 9-acre parcel on Crescent Beach
12. SHN Contract Amendment SB2 & LEAP Grant Tasks
• Recommendation: Approve and authorize the City Manager to sign Amendment No. 3 to the 2019 Professional Services Agreement with SHN Engineers & Geologists
13. Front Street Consulting Contract Amendment
• Recommendation: Approve and authorize the City Manager to sign Task Order 22 Amendment 2- Front Street Storm Drain and Reconstruction with Stover Engineering with a contract extension from June 30, 2023 to June 30, 2025 to complete the design blocks of Front Street from Play Street to L Street, and K Street from Front Street to 2^d Street
Council Member Schellong asked for item 4 to be pulled from consent as she will be recusing herself due to a conflict of interest with her employer; the Council was in consensus. For item number 8, she wanted to thank Linda, Eric, Sunny, and Martha for all of their work.
The Council was in consensus to pull item 8 from the consent calendar.
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 adopted items 3, 5, 6, 7, 9, 10, 11, 12 and 13 of the consent calendar as presented.
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 4-0-1 polled vote with Council Member Altman being recused, the City Council of the City of Crescent City approved item 8 of the consent calendar as presented.
There were no comments from the public.
On a motion by Council Member Greenough, seconded by Mayor Pro Tem Inscore, and carried on a 4-0-1 vote with Council Member Schellong being recused, the City Council of the City of Crescent City approved item 4 of the consent calendar as presented.
REPORTS AND PRESENTATIONS - None
PUBLIC HEARING - None
CONTINUING BUSINESS
[#15 taken out of order and heard prior to #14]
14. Accessory Dwelling Unit Ordinance Discussion
Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
Further Council discussion
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• Give direction to staff on additions or modifications to the Draft Accessory Dwelling Unit Ordinance
Due to technical difficulties, Mayor Wright took item 15 first.
City Attorney Rice reported to the Council what was requested at the last Council meeting which included rental term regulations and connection fees. She conducted a survey of other cities that had ADUs and found that out of 25 cities, 23 restricted all ADUs to long term rentals. 18 of 25 cities restricted the JADUs to over 30 days rentals; the restrictions would also be placed into a deed restriction. Regulation options are to prohibit all ADUs for being short term rentals as well as JADUs which must be rented for no shorter than 31 days at a time. Another option is only have ADUs be required to be rented for more than 30 days at a time; or only JADUs with the same restriction. This is to expand the housing market for permanent housing and it is recommended it be placed in a deed restriction. Mayor Pro Tem Inscore asked about the deed restriction, if a later Council chose to amend the ordinance and take that off, how would the process go for the deed restriction, could the property owner petition to have it removed? City Attorney Rice stated that she would recommend language that at the time of this deed restriction and that it can say at this time it is restricted to a long-term rental. Mayor Pro Tem Inscore asked how the deed restriction was done with the County; City Attorney Rice said the Notice of Occupation would not that ADUs need permits to be built, however it can be placed to have the deed restriction recorded before the ADU permit is issued. Council Member Greenough opposes undue restrictions to how property owners use their property, however, these give homeowners have an advantage with the way this is done. Council Member Schellong stated that the people who have reached out to her stating they want to see long-term rentals. City Attorney Rice gave the following options for rental regulations to the Council: 1: All ADUs/JADUs - all ADUs and JADUs would be prohibited from renting the unit for less than 31 consecutive days; at this time all other dwelling unit types could be used for short term rentals; 2: Only ADUs - All ADUs (both statewide exemption ADUs and non-exempt ADUs) would be prohibited from renting the unit for less than 31 consecutive days at a time; JADUs could theoretically be used for short-term rentals; 3. Only JADUs - all JADUs would be prohibited from renting the unit for less than 31 consecutive days at a time; non- exempt ADUs could be used for short-term rentals. Mayor Pro Tem Inscore stated that he supports not putting restrictions on JADUs. Residents have complained to him that in a traditional neighborhood, they do not want to have people coming and going all the time as in the short-term rental. Council Member Schellong does not want restrictions; however, this will help with the housing market that we are struggling with. As there are professionals that can't come here to work because there is no housing, this would meet our housing needs. Doesn't mind keeping JADUs as short-term rentals. Council Member Altman spoke in support of long-term rentals that will help the housing crisis that we have now. Mayor Wright stated that some of the professionals who come to town only have 4 weeks on their contract; could there be an exemption for them? City Attorney Rice stated that the 30 days is only 2 extra days and usually the employer pays for it and has someone else is put in place when the other leaves. Council Member Altman stated that if someone wants to have a short-term rental, they can find another product, that 30 days isn't really long-term in his opinion. Mayor Pro Tem Inscore stated that if someone renting by night, it would be more profitable. Council Member Schellong asked if an ordinance direction to have the ADUs would need to be rented for 30 plus days, JADUs can be either, and add a deed restriction is what her recommendation would be. Asked if there would be a public hearing so more input can be obtained; City Attorney Rice stated there will be at least two more meetings for this item. Council Member Greenough is not in favor or restrictions.
The following resident addressed the public, Tamera Leighton's comment was submitted via email:
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Natalie Fahning: spoke in support of long-term rentals with enforceable penalties. Spoke about how difficult it is to live next to vacation rentals as it changes the neighborhoods.
Tamera Leighton (via email): asked the Council to protect the housing stock when creating an ADU ordinance and for the rental terms to be over 30 days, prohibiting short-term rentals.
City Attorney Rice asked the Council to provide direction on the rental piece at this time, and then she will go over the connections. Mayor Pro Tem Inscore stated that his recommendation would be to establish both exempt and non-exempt ADUs as mandatory 31 plus day rentals for only the ADUs. The Council was in unanimous consensus with Mayor Pro Tem Inscore's recommendation.
City Attorney Rice clarified that it would also include a deed restriction; the Council unanimously agreed.
City Attorney Rice went on to the connections and began with defining the fees. The connection fee addresses costs of capacity and some entities call it a capacity fee. This fee charges for public facilities in existence at the time the fee is imposed or for new public facilities to be acquired or constructed in the future to meet the capacity needs of the system. The fees are required to be a proportional benefit to the person or property being charged. Currently, the City's connection fees for water is $2,700 per single-family equivalent and for sewer it is $9,682. She further explained that State law is that the City may impose a proportionate connection fee and/or require a separate utility connection. For ADUs that is a conversion of existing space with in the single-family dwelling or accessory structure a separate connection is not required, nor is a connection fee. For existing space in a new single-family dwelling, a separate connection and fee is required. For an attached new construction ADU, both the separate connection and fee are required as well as for a detached, new construction ADU. For JADUs, neither the separate connection nor a fee is required. She went over the definitions of proportionality and that the City already has a proportionate scale, she reviewed that in detail. She stated that the direction staff is seeking for this portion of the ordinance is whether to impose proportional utility connection fees, whether to require a separate utility connection.
Mayor Wright called a five-minute recess at 7:38 p.m. and reconvened the meeting at 7:45p.m.
Mayor Pro Tem Inscore stated that he supports imposing a proportional utility connection fees especially since having an ADU is no different than an added room to a house in regards to usage.
Council Member Greenough asked if a person puts an addition onto their home, within the process does the City require them to pay a little extra; City Manager Wier stated that no, not for sewer and water. City Attorney Rice stated that by definition, ADUs are different because they are separate, independent living facilities, wherein an addition of a bedroom and bathroom does not meet that definition. Mayor Wright explained that he has two water bills and they do not differ in cost from one another; City Manager Wier stated that it is based on 500 cubic feet of water and will increase if goes over. City Attorney Rice explained that if you have an additional line on a property it makes sense to have a fee associated with it because there are now two lines that can pull max capacity. Council Member Schellong asked if the City would require them to then have an additional meter, City Attorney Rice stated that yes, if that was Council direction, she would recommend that if a connection fee is charged then it should be based on a separate line. City Manager Wier stated that if this is done for ADUs it would be inconsistent with how it's done with someone building a duplex as they can have two structures with one meter as long as the lines stay on that parcel. Mayor Pro Tem Inscore suggested having guidelines set in place for inspections as there are older homes in the area that may have a service line that may not be able to connect as is. Agrees with not requiring a second line. City Attorney Rice stated that she surveyed some cities and some require utilities with separate connections and fees for some utilities but not others, other cities gave an option.
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The Council was in unanimous consensus for connection fees when allowed and for separate meters to be permissible but not required.
There were no comments from the public.
15. Tidewater Front Street Change Order No. 1
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize the City Manager to sign Change Order No. 1 with Tidewater Contractors in the amount of $126,540 for pre-purchase of long lead Additive Bid items for water system improvements in Front Street
• Authorize the City Manager to approve and sign change orders in an aggregate amount not to exceed 10% of the Base Bid and an individual change order amount not exceed $60,000.00
Public Works Director Yeager reported to the Council that this item is for Tidewater Contractors to already add the bid items for the water portion of the third block of Front Street. Sufficient funding exists for the pre-purchase of the long lead time water bid items. Progress payments for these bid items will be partially billed only for materials received paid off of invoice. The installation will be billed per progress payment after these items are installed. There is no financial risk to the City in the unlikely event of revocation of pending funding sources since these components are to be purchased with already allocated funding and can be stored in the event of a project delay. Mayor Pro Tem Inscore stated that even if funding doesn't come through, we are still committed to the third block and will be able to find funding; Director Yeager answered in the affirmative. Council Member Greenough asked when the materials would come; Director Yeager stating knowing when the materials arrive cannot be determined. Council Member Greenough asked when the project would begin; Director Yeager stated it would begin July 24t. City Manager Wier stated that it was Council Member Greenough that said there should be Council attendance on a groundbreaking ceremony; the Council was in consensus to have an official groundbreaking.
Council Member Altman asked if new fire hydrants will be installed; Director Yeager answered in the affirmative.
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 the City Manager to sign Change Order No. 1 with Tidewater Contractors in the amount of $126,540 for pre-purchase of long lead Additive Bid items for water system improvements in Front Street and authorized the City Manager to approve and sign change orders in an aggregate amount not to exceed 10% of the Base Bid and an individual change order amount not to exceed $60,000.00 NEW BUSINESS - None
CITY COUNCIL ITEMS
> Legislative Matters - None
• City Manager Report and City Council Directives - City Manager Wier reported the following to the Council:
• RAISE grant application for Front Street was not awarded, Elk Valley would like to reapply next round
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• Director Yeager reported that at K Street had some leveling, sewer repair at Cooper, rest of K Street will get 60 tons of asphalt.
• Corp Yard canopy is down and the locker room at the pool has been insulated and sheet rocked
• Bicycle Rides Northwest will arrive tomorrow at noon. First night will be a program with Grant Werschkull of the Smith River Alliance and Emily Reed of the Tolowa Dee-Ni Nation. The second night will feature a drum circle put on by DNAACA, as well as a showing of the Kamome documentary, and an extra showing of the Val Polyanin Art Exhibit.
Tamera Leighton: stated she was the initial contact for Bicycle Rides Northwest to make it happen along with CHP. Bicycle Rides Northwest is very much about supporting the communities that they visit.
• Chief Griffin announced that CCPD was awarded the Tobacco Grant for shoulder tap programs, equipment, etc.
ADJOURNMENT
There being no further business to come before the Council, Mayor Wright adjourned the meeting at 6:05 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, July 24, 2023 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
After adjournment, resident Dorothy Riley asked to give public comment and was informed that the meeting had been adjourned and the public comment period had concluded.
ATTEST:
Altmar
Robin Altman
City Clerk/Administrative Analyst
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