CITY OF CRESCENT CITY
ayor Blake Inscor Mayor Pro lem Ray Altman
uncil Member Jason Greenou Council Member Kelly Schellong Council Member Isaiah Wright
MINUTES
REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CRESCENT CITY
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
TUESDAY JANUARY 16, 2024 6:00 P.M.
CLOSED SESSION
Call to order Mayor Inscore called the closed session to order at 5:41 p.m.
Roll call Council Members present: Council Member Jason Greenough, Council Member Kelly Schellong, Mayor Pro Tem Ray Altman and Mayor Blake Inscore
Council Member absent: Council Member Isaiah Wright
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, and City Clerk/Administrative Analyst Robin Altman
CLOSED SESSION PUBLIC COMMENT PERIOD
There were no comments from the public on closed session items.
CLOSED SESSION
• Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9(d)(1)): Sutter v. Tri-Agency, et al (Del Norte Superior Court Case No. CVPT- 2023-1261); City of Crescent City v. Lounge Chair Investments, et al (Del Norte Superior Court Case No. CVUJ-2022-1131)
• Conference with Legal Counsel - Anticipated Litigation (Gov. Code § 54956.9(d)(4)): one case
• Conference with Labor Negotiator (Gov. Code § 54957.6): Agency Representative: Eric Wier; Unrepresented Employee: Fire Chief The closed session adjourned at 6:05 p.m.
OPEN SESSION
Call to order Mayor Inscore called the open session to order at 6:06 p.m.
Roll call Council Members present: Council Member Jason Greenough, Council Member Kelly Schellong, Mayor Pro Tem Ray Altman and Mayor Blake Inscore
Council Member absent: Council Member Isaiah Wright
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Finance Director Linda 1 | Page
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Leaver, Public Works Director Dave Yeager, Engineering Project Manager Cliff VanHook and Police Chief Richard Griffin
Pledge of Allegiance led by Mayor Inscore
REPORT OUT OF CLOSED SESSION
Mayor Inscore reported that the Council will be returning to closed session at the adjournment of the open session, therefore there is nothing to report out.
CEREMONIAL ITEMS
• Introduction of New City Employees: Jeff Carpenter, Samantha Jochimsen, and Cliff VanHook
Public Works Director introduced Mr. VanHook to the Council and gave a brief outline of background. City Manager Wier stated that Mr. VanHook worked on the Asante building which s very complex. Finance Director Leaver introduced File Clerk Jeff Carpenter to the Council stated he is a Navy retiree with an extensive background in organizing sensitive data. Director Leaver stated that Ms. Jochimsen was unable to be present at the meeting and she hopes to have her introduced at a future meeting.
• Sex Trafficking Awareness Proclamation
Mayor Inscore read the proclamation aloud and presented it to Susan Daugherty of the local Soroptimist International organization. Ms. Daugherty reported to the Council that this year has brought increased awareness to this movement due to the movie the "True Meaning of Freedom".
She stated it is important to be aware of your environment at all times.
CITY MANAGER REPORT (taken out of order)
City Manager Wier reported to the Council the recent slide that happened on Pebble Beach Drive between 7' and 8th Street. He went over the different concepts to keep the slide from continuing and the work planned for the Brother Jonathan Lookout. He further explained that the damage that is occurring to the cliff is ongoing and getting worse. Both Caltrans and Del Norte Local Transportation Commission are working on funding.
REPORTS AND PRESENTATIONS
1. Fiscal Year 2022-2023 Financial Audit
• Recommendation: Hear staff report
• Technical questions from the Council
Receive public comment
• Further Council discussion
• Receive and file the Fiscal Year 2022-23 Audited Financial Report for the City of Crescent City
Director Leaver explained to the Council that the Fiscal Year 2022-23 Audited Financial Report will be presented by Mitesh Desai from Badawi and Associates. He will explain that there was a clean audit and the process in which the audit goes through. Mr. Desai went over the details of the audit to include the deliverables and scope, as well as what his company's areas of primary audit emphasis was during the process. He reported that the City has 7 months of reserves which is plenty.
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The following residents addressed the Council:
Linda Sutter: asked if there were any internal deficiencies found; Mr. Desai stated that there were no deficiencies.
Dorothy Riley: spoke about nanotechnology and sex trafficking; liabilities the City has.
On a motion by Council Member Schellong, seconded by Council Member Greenough, and carried on a 4-0 polled vote, with Council Member Wright being absent, the City Council of the City of Crescent City received and filed the Fiscal Year 2022-23 Audited Financial Report for the City of Crescent City
PUBLIC COMMENT PERIOD
The following residents addressed the Council:
Jed: stated he would like to see more martial arts dojos in the community so people can better protect themselves. Would like to see stem cell injections here in town so people don't have to go to Medford or Eureka - this would help with cell regrowth.
Linda Sutter: spoke about the hard-working residents in Del Norte and that 46% are on Medi-Cal.
She also spoke about the financial burdens that residents are feeling - the County has already raised their sewer rates and now the City will also be doing a sewer rate increase. Spoke about funding the Tri-Agency and how sewer issues should be considered more priority.
Randall South: would like the Council to consider passing an ordinance to allow residents to purchase power from the power company of their choosing. Also spoke about the problems of the College of the Redwoods campus, would like to see more trades. To do so, the College of the Redwoods would need to change district and make it Del Norte College.
Donna Westfall: spoke about the sewer rate increases and recent actions of the City Clerk; submitted written public comment for the record.
Dorothy Riley: spoke about personal experiences and how she helped a family; Cointelpro, FBI and elder abuse.
Eric Ginther: spoke about being three years in business at 5th and Green a dispensary; said recent legislation is to reclass marijuana. As a local owner, his biggest concern is that most incorporated Counties in the state do not allow dispensaries. Asked for a moratorium.
Jed: said stem cell injections can be given at Stallant Health and spoke about locations for more dojos.
Steve Forrester: stated that Spectrum closed down their shop and now there is no way to pay them unless you go online.
Robert Derego: spoke about moratoriums on cannabis; the former Community Development Director started to make his own business while he worked for the City. • Reports, Concerns, Referrals, Council travel and training reports - Council Member Schellong: stated that the BCRAA Board voted unanimously to cancel the contract with Contour Airlines and will be moving forward with Advanced Airlines.
CONSENT CALENDAR
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2. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period December 2, 2023 through December 15, 2023 and for the period December 16, 2023 through December 29, 2023.
3. Payroll Report
• Recommendation: Receive and file the biweekly payroll reports for the period ending December 16, 2023, paid December 22, 2023 and for the period ending December 30, 2023, paid January 5, 2024.
4. Smith River Complex Fire Emergency Labor Budget Amendment Recommendation: Approve and adopt Resolution No. 2024-01, 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
5. Budget-to-Actual Financial Reports for November 2023 • Recommendation: Receive and file budget-to-actual financial reports of the City's major operating funds for Fiscal Year 2023-24 as of November 30, 2023
6. Paid Sick Leave Policy for Part-Time, Seasonal, and Temporary Employees • Recommendation: Approve and adopt Resolution No. 2024-02, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE PAID
SICK LEAVE POLICY FOR PART-TIME, SEASONAL, AND TEMPORARY
EMPLOYEES
7. CCPD OES Grant Funding for Equipment and Training
• Recommendation: Approve and adopt Resolution No. 2024-03, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-2023 BUDGET OF THE CITY OF CRESCENT CITY
• Authorize the City Manager to sign any grant documents related to the FY 2022 HSGP funding by the US Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through CalOES
• Authorize the City Manager to sign Agreement Number 2022-015, a First Amendment to Homeland Security Grant Program Cooperative Agreement for Subaward Funding Dorothy Riley: asked if the police department funding could be used to track nanotechnology.
On a motion by Council Member Greenough, seconded by Mayor Pro Tem Altman, and carried on a 4-0 polled vote with Council Member Wright being absent, and Council Member Schellong recusing herself from item number 2 only, the City Council of the City of Crescent City adopted the consent calendar consisting of items 2-7 as presented.
Mayor Inscore called a five-minute recess at 7:35 p.m., reconvened at 7:48 p.m.
PUBLIC HEARING
8. Closure of Tsunami Memorial Fountain Plaza Between 11:00 p.m. and 5:00 a.m. • Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Close public hearing
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• Further Council discussion
• Waive full reading, read by title only and adopt, Ordinance No. 838, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING SECTION
12.20.10 OF CHAPTER 12.20, PARK REGULATIONS OF TITLE 12, STREETS,
SIDEWALKS AND PUBLIC PLACES, OF THE CRESCENT CITY MUNICIPAL CODE Mayor Inscore opened the public hearing at 7:49 p.m. City Attorney Rice explained that this is the adoption of the ordinance that has been properly noticed.
There were no comments from the public.
On a motion by Council Member Greenough, seconded by Mayor Pro Tem Altman, and carried on a 4-0 polled vote, with Council Member Wright being absent, the City Council of the City of Crescent City waived full reading, read by title only and adopted, Ordinance No. 838 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING SECTION 12.20.10 OF CHAPTER 12.20, PARK REGULATIONS OF TITLE 12, STREETS,
SIDEWALKS AND PUBLIC PLACES, OF THE CRESCENT CITY MUNICIPAL CODE
CONTINUING BUSINESS
9. Jetty Access Discussion
• Recommendation: Hear staff report
Technical questions from the Council
Receive public comment
• Further Council discussion
• Direct staff as necessary and appropriate
City Manager Wier reported to the Council this has been a conversation with the Army Corps of Engineers. Police Chief Griffin explained what was discussed in order to prevent people from gaining access to the jetty. He said if there was a trespass order issued by the Army Corps of Engineers, the police department can appropriately enforce it. He said the focus for education is mostly on visitors who go on the jetty, as it's mostly not residents, therefore tri-fold brochures have been left at hotels to make sure tourists know. There are also signs erected to warn people about getting onto the jetty. He further stated that fines can be levied on people that get onto the jetty. Chief Griffin stated that he will not allow his officers to do any rescue as it puts first responders lives in danger. Director Yeager stated information will be given to let people know the dangers; the Army Corps of Engineers will be meeting again with the City for more discussions on how to prevent people from putting themselves in danger. Chief Griffin stated that signage should be moved up the path so that people cannot park right at the gate. Council Member Schellong stated that she doesn't like the wording "when to go and when not to go" as it may encourage people to go on the jetty when it's not safe. Council Member Schellong asked about the child endangerment and $12k fine would be in the City's toolbox. Director Yeager stated that Search and Rescue is through the Del Norte County Sheriff's Office; child endangerment is something that can be enforced with current law. Chief Griffin stated that the fines would come if someone "incurs an emergency" and requires rescue. He further stated that there have been two broken arms within the last week for those who braved the jetty when it was dangerous. Council Member Greenough asked how quickly signage can be placed at the jetty; City Manager Wier stated that the Army Corps of Engineers has been responsive in getting the signage placed Council Member Schellong stated that adults who put their children at risk should be given education on what to expect. Director Yeager stated that more explicit language should be used to better educate everyone. City Manager Wier asked if there were two Council Members to meet with the Police Chief, first responders and the Army Corps of Engineers on the 31st; Council Member Schellong and Mayor Pro Tem Altman have volunteered to be a part of the meeting Mayor Inscore stated that a dollar sign on a sign isn't going to have as much impact as engaging 5 | Page
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with someone in person from law enforcement. Chief Griffin stated that they could issue more citations, but they chose to use "letter of the law vs. spirit of the law". Council Member Schellong stated that if she saw a sign that talked about child endangerment, fines associated with first responders, and how many injuries/deaths have occurred.
Linda Sutter: asked Chief Griffin asked if someone can be trespassed from public property; Chief Griffin and City Attorney Rice both said yes, they can be trespassed. Ms. Sutter suggested putting explicit photos to show the reality of the danger or to have a camera that takes pictures when someone goes onto the jetty.
Mike: is a new resident stated that he has never ventured out onto the jetty. He was also impacted by the possibility of child endangerment.
Dorothy Riley: suggested putting up an electronic board that shows how many people have died, much like the ones used in Europe.
Darrin Short, Battalion Chief: spoke about the paramedic that saved a young man who had fallen off and was injured. He said that people that do go out on the jetty to fish always pay attention to the situation around them. Suggested a gate across the entire width of the jetty would be a good deterrent.
Jim Stack: one of his favorite places is the jetty, recently moved here 3 years ago. Pays attention to when it's safe to go and when it is not. Approves of charging people if they get rescued as they do on some mountains. Would like to see that people are still allowed to go out on the jetty; doesn't support an automatic trespass; but does approve of the signs.
NEW BUSINESS
10. Budget-to-Actual Operating Results for Fiscal Year 2022-23 Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Receive and file budget-to-actual financial report of the City's major operating funds for Fiscal Year 2022-23
Finance Director Leaver gave a presentation on the Budget-to-Actual Operating Results for Fiscal Year 2022-23. She went over the wages and benefits, authorized positions (full time) as well as a break-down for the wages and benefits City-wide. Director Leaver went over the Measure S Budget to Actual and stated that expenses and revenue were a bit under with the revenues being close to what was projected. Council Member Schellong asked if it was budgeted to spend $1.5 million; Director Leaver answered in the affirmative, but we didn't spend what was budgeted Council Member Schellong asked why the radios for the fire department haven't come in; Director Leaver stated they have come in, it was just after the fiscal year. Director Leaver stated that if everything is spent that is budgeted it would be reduced by $1.8 million in the general fund Council Member Schellong asked if Director Leaver could explain Capital Improvement Projects; Director Leaver stated that it is for large, expensive projects. Mayor Pro Tem Altman asked about the 25% reserve, does it stay the same as the audit said something different - said we had 7 months worth of expenses in the general fund; Director Leaver stated that the 25% in each fund, it gets updated every year, which the amount you have to keep in reserves changes. General Fund total revenues were budgeted for $9,889,522 and actual revenue was $9,678,983 for a variance of ($210,539) under the final budget. Sales tax was $168,109 higher than budget, Transient Occupancy Tax was $124,738 higher than budget, and interest revenue was $80,930 over budget. These increases were offset by grant revenues coming in under budget ($460,362), 6 | Page
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most of which were carried over to FY 23-24, and Fire Service revenues (mostly reimbursements from the Fire District) coming in under budget ($291,536). Various other revenues came in under or over budget to a lesser degree. Measure S revenues (tax revenues plus reimbursement of Measure S fire expenses repaid by the Fire District) are included in these totals and were under budget by ($286,588) due to a slight increase in tax revenue and a large decrease in fire expense reimbursements due to expenses being under budget. Total other revenues not including Measure S were over budget by $76,049. Expenditures in the General Fund were much lower than budgeted, which was anticipated. The final approved budget was $11,302,568 of which the City spent $9, 198,794 for a variance of ($2,103,774) under budget. When the City held the budget workshop to plan the current year (FY 23-24) budget, estimated expenditures for FY 22-23 were $10,096,558. These are total General Fund expenses, which include both Measure S and all other expenses. Both Measure S and non-Measure S expenses came in under the projection. Director Leaver reported that the Housing Authority revenues were under budget by $622,541 and expenditures were also under budget by $591,046, mostly due to lower utilization of housing vouchers and some admin expenditures. Revenues for the RV Park were $11,120 over budget.
Operating expenses were $142,840 lower than budgeted. Items under budget include staffing (the part-time Camp Attendant position was not filled), parts and supplies (including new signage which was rebudgeted in FY 23-24, merchandise, and other general supplies), and contracts (including bathroom design which was rolled over to FY 23-24), asset management project, and the online reservation system being implemented late in the fiscal year. Sewer Fund revenues came in a total of $277,436 over budget. Service revenue, interest, and connections were over budget, partially offset by CA and grant revenues under budget. SA revenues are directly tied to CSA expenses, which were also under budget. The grant revenue was under budget due to grant expenses that rolled over to the next fiscal year. Water Fund revenues came in a total of $8,534 over budget. Service revenue was under budget while interest earnings and connection fee revenue were over budget. More connections have been added, but consumption-based revenue has decreased (mostly related to the prison). Council Member Schellong stated that she is interested in knowing how much rollover is caused from lack of staff to complete a project versus them being rolled over because we couldn't secure parts or didn't have all of the money to get the project completed. Director Leaver said that although she does not have the answer right away, it would be useful information for planning purposes. City Manager Wier stated that sometimes it's a combination of those things, a good example is the fire department radios. Some projects that are grant funded require staffing time that creates a cascade effect. Mayor Pro Tem Altman stated that his understanding a few months ago is that we had reserves that would give us three months, and now it is seven months; does the reserve grow? Director Leaver stated that the three months was during COVID, now it has been higher than that regularly. Mayor Inscore stated that the audit showed what the actual dollars are versus the necessity - it sounds like the same but it's not. He explained that the reserves are for the what if we don't have any money coming in, how long could we operate. Council Member Greenough asked about the long-term liability as it was missing from this report; Director Leaver stated it was not in this report as it was in the audit report.
The following resident addressed the Council:
Dorothy Riley: asked if the DA was paid for through the City and asked if the Council receives a salary. Asked if there is anything to combat psych ops and nanobiotech.
Council Member Greenough excused himself from the meeting at 9:03 p.m.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote, with Council Member Wright and Council Member Greenough being absent, the City Council of the City of Crescent City received and filed budget-to-actual financial report of the City's major operating funds for Fiscal Year 2022-23 7 | Page
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11. Authorization to Separately Bid Pool Flooring and Pool HVAC Projects • Recommendation: Hear staff report
• Technical questions from the Council
Receive public comment
• Further Council discussion
• Authorize City staff to advertise two separate projects: a Request for Quotations for the Fred Endert Pool Deck and Locker Room Flooring Replacement (Project 1) and a Notice Inviting Bids for the Fred Endert Pool Energy Efficiency Infrastructure Upgrade Project (Project 2)
Director Yeager explained that this is for the pool deck, locker room flooring replacement and then the pool energy efficiency infrastructure upgrade. He further stated that Johnson Controls Scope of Work was given to AECOM. Director Yeager stated that there are two projects for the Council to choose. Mayor Inscore asked for clarification that the deck project is $320k, with the conservative estimate, we are $500k under what we need for the HVAC overall project; Director Yeager answered in the affirmative. Mayor Inscore stated that the plan was to get a new HVAC not "in-kind". City Manager Wier stated that the current boilers are 15 years ago and the "in kind" in an option. Mayor Pro Tem Altman stated that a hole was cut on the side of the pool for new boilers, is this not the same; City Manager Wier stated that these models will be able to get through the door. Council Member Schellong asked how AECOM got involved; Director Yeager stated that a request for proposals was put out and they responded. Mayor Inscore stated that a commitment with Measure S funds for new boilers. City Manager Wier stated staff needs to be more proactive, these cannot last another 15 years.
The following resident addressed the Council:
Linda Sutter: asked if this was worth it due to the use of the pool versus the cost to run it. Mayor Inscore explained that research was done and municipal pools never make money. Ms. Sutter said there has to be another way for this pool; it's too expensive to keep running. In Redland, the School District owns the pool.
Mayor Pro Tem Altman stated that he asked years ago about a new pool that it would cost $18 million; in order for us to have a community pool, we need to part it out.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote, with Council Member Wright and Council Member Greenough being absent, the City Council of the City of Crescent City authorized City staff to advertise two separate projects: a Request for Quotations for the Fred Endert Pool Deck and Locker Room Flooring Replacement (Project 1) and a Notice Inviting Bids for the Fred Endert Pool Energy Efficiency Infrastructure Upgrade Project (Project 2)
CITY COUNCIL ITEMS
• Legislative Matters - None
City Manager Report and City Council Directives - City Manager Wier wanted to applaud the work done by our Finance Director.
Mayor Inscore adjourned the open session meeting to closed session at 9:28 p.m. Closed session adjourned at 10:30 with nothing to report.
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ADJOURNMENT
There being no further business to come before the Council, Mayor Inscore adjourned the closed session meeting at 10:30 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, February 5, 2024 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
ATTEST:
Poltman
Robin Altman
City Clerk/Administrative Analyst
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