CITY OF CRESCENT CITY
Mayor Blake Inscore Mayor Pro Tem Ray Altman
Council Member Jason Greenough 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
MONDAY MARCH 18, 2024 6:00 P.M.
OPEN SESSION
Call to order Mayor Inscore called the meeting to order at 6:00 p.m.
Roll call Council Members present: Council Member Jason Greenough, Council Member Kelly Schellong, Council Member Isaiah Wright, Mayor Pro Tem Ray Altman, and Mayor Blake Inscore
Staff Members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Economic Development and Recreation Director Ashley Taylor, Public Works Director Dave Yeager, Housing Authority Executive Director Megan Miller, and Police Chief Richard Griffin Pledge of Allegiance led by Mayor Inscore
CEREMONIAL ITEMS - None
REPORTS AND PRESENTATIONS
• The Raging Sea Presentation
Mr. Dennis Powers, author of The Raging Sea, gave a presentation on the 1964 tsunami. He gave a descriptive recollection of the event that took people's lives and devastated Crescent City.
PUBLIC COMMENT PERIOD
The following residents addressed the Council:
Donna Westfall: spoke about the 1% sales tax that the Council had voted for and asked if the Council had considered putting a time limit on when it would be collected. Asked if the Council- had read the response from the City Clerk for her public records request. Spoke about former Public Works Director Jim Barnts and his development behind Walmart.
Sam Strait: spoke about the sewer tax and when the taxpayers will get a break; inflation has been severely high. He stated that housing in California is unaffordable and people are moving out of the state.
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CONSENT CALENDAR
1. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period February 14, 2024 through March 9, 2024.
2. Council Meeting Minutes
• Recommendation: Approve and adopt the February 20, 2024 and March 4, 2024 meeting minutes of the City Council.
3. Payroll Report
• Recommendation: Receive and file the biweekly payroll reports for the period ending March 9, 2024, paid March 15, 2024.
4. 2019-2020 Community Development Block Grant (CDBG) Business Assistance Loan Program Agreement
• Recommendation: Approve and ratify the City Manager's execution of Amendment No. 2 to the Subrecipient Agreement with Arcata Economic Development Corporation
5. Declaring the Continuance of an Emergency Due to Continuous Slide Activity Along Pebble Beach Drive
• Recommendation: Declare by a 4/5 vote that there is a need to continue the emergency action for the continuous slide activity along Pebble Beach Drive between 7* and 8th Streets per Public Contract code § 22050
There were no comments from the public.
Council Member Schellong asked to pull item 1 on the consent calendar to be pulled as she will be recusing herself due to a conflict of interest with her current employer.
On a motion by Council Member Schellong, seconded by Council Member Greenough and carried on a 5-0 polled vote, the City Council of the City of Crescent City adopted the consent calendar consisting of items 2-5 as presented.
On a motion by Council Member Greenough, seconded by Council Member Wright, and carried on a 4-1-0 vote with Council Member Schellong recusing herself, the City Council of the City of Crescent City adopted item 1 of the consent calendar as presented.
PUBLIC HEARING
6. Public Hearing: General Plan Map Amendment - 1405 California Street • Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Close public hearing
: Further Council discussion Approve and adopt Resolution No. 2024-18, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE GENERAL PLAN MAP FOR APN 118-403-002-000 (1405 CALIFORNIA STREET)
Mayor Inscore opened the public hearing at 6:40 p.m.
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Ethan Lawton, Planner from SHN, gave an overview of the General Plan Map Amendment for a proposed Roosevelt Estates (Phase 2). He gave an overview of the public hearing notice that went out to surrounding neighbors/property owners. This amendment will allow the development proposed by the developer. City Manager Wier asked what the maximum number of units that could have been built before this zoning change; Planner Lawton stated that it would have been 52, the increase is four extra units.
The following resident addressed the Council:
Mike Lovaas: owner of the property adjacent to this project and did not know that there would be a housing development built there. Stated that a potential tenant was concerned about having an auto body shop so close to this development and that he wanted something in writing from the developer stating tenants would be aware of the close proximity to a machine shop.
Gerry Hemmingsen, owner of Mor-Jon: stated he is in favor of more housing but is concerned that a residential project will put him out of business. He stated that there is a lot of industrial noise in the area and is concerned with the amount of traffic that this development will bring to California Street. Would like to have discussions about drainage.
Kevin Hawkins: is affiliated with the current project as his firm will be managing the property. He stated that anytime a large lot is sold after a long period of time, a lot of times adjacent property owners are dissatisfied that the open space is gone. Housing is desperately needed in our community and development such as this is something we should encourage as it is bringing 56 units for people to rent.
Sam Strait: is confused to who would be renting the units when there is discussion on moderate income and those on HUD. Mayor Inscore stated that this is being built as market rate, not low- income. That because of the amount of the rent, it qualifies for a HUD voucher.
Patrick Hawkins: owner of First Service Plumbing - supported the project as it brings work for local contractors and we should be grateful.
Ernie Perry: stated the project before the Council only increases the density by 4 units, however, it still increases the density. He stated there are concerns with the adjacent businesses that believe this will impact their business. He further stated this is an amendment to an ordinance, not project specific. Suggested the Council add the language that it should be understood by tenants that they are moving to an industrial area.
Mayor Inscore stated that the project went through the Planning Commission is when the appeal process would have been available. He explained that there is no authority to change the project that has already been approved. The complaints brought up this evening should have been presented to the Planning Commission as that is the process. Planner Lawton stated for clarification that it is not called industrial zoning, this is commercial zoning. Regarding noise and order; general commercial use is allowed with noise that is considered normal. If there is a complaint, then the ordinance would be in effect - the commercial use is protected. Higher density serves as a transition between single family homes to commercial property. He explained affordable housing and each of the levels of what constitutes as "affordable housing" '. This project was published in the Triplicate and notices were sent to property owners with no appeals filed Council Member Schellong asked to clarify that no businesses will lose the ability to operate in this zone just because a tenant complains; maybe signs that says "large trucks" should be on the road; suggested that language be built within the lease stating it is an "industrial area" so the renters are aware of the potential noise.
Mayor Inscore closed the public hearing at 7:21 p.m.
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On a motion by Council Member Wright, seconded by Council Member Schellong, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2024-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE GENERAL PLAN MAP FOR APN 118-403-002-000 (1405
CALIFORNIA STREET)
7. Public Hearing: Zoning Map Amendment - 1405 California Street • Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Close public hearing
• Further Council discussion
• Waive full reading, read by title only and adopt Ordinance No. 840, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE ZONING DISTRICT DESIGNATION FOR 1405 CALIFORNIA STREET AND THE
CITY'S OFFICIAL ZONING MAP
Mayor Inscore opened the public hearing at 7:20 p.m.
Planner Lawton stated that this particular item is a zoning amendment; this is the same location, same project, and the same noticing was done for adjacent property owners. It mirrors the general plan amendment but addresses the specific zoning
Gerry Hemmingsen: is a proponent of the project, is concerned with the additional traffic.
Mike Lovaas: stated he never got notification of this project; lives in Ontario, Oregon and didn't hear about it until someone sent him the publication from Wild Rivers Outpost. Would like to have all public notices to be sent registered mail.
Planner Lawton stated that first class, standard mail is all that is required, not registered mail. He stated that this particular property Mr. Lovaas references is owned by the family trust and that is where the notice was sent to. Notice is also circulated in the Triplicate. All of this was done within 10 days of the public hearing. Mayor Inscore asked if letters were sent to all property owners within 300 feet of the project; Planner Lawton answered in the affirmative. This project has been before the Planning Commission twice for the public to be given the opportunity to participate.
Council Member Schellong claritied that there will be no issue with another business to be in the vacant building; Planner Lawton stated that no, there will be no issues.
Kevin Hawkins: multi-family units are always used as a buffer between commercial and single- family homes.
Mayor Inscore closed the public hearing at 7:36 p.m.
Mayor Inscore stated he understood the frustrations and is hopeful that the property owners will work together moving forward.
On a motion by Council Member Greenough, seconded by Council Member Wright, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City waived full reading, read by title only and adopted Ordinance No. 840, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CRESCENT CITY AMENDING THE ZONING DISTRICT DESIGNATION FOR 1405 CALIFORNIA STREET AND THE CITY'S OFFICIAL ZONING MAP 4 | Page
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8. Municipal Code Update: Sign Regulations (CH. 17.39)
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Close public hearing
• Further Council discussion
• Waive full reading, read by title only and adopt Ordinance No. 839, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER
17.39, SIGNS, OF TITLE 17, ZONING, OF THE CRESCENT CITY MUNICIPAL CODE Planner Lawton stated that these are the amendments to the sign ordinance with direction taken from the City Council and he detailed the revisions discussed. Council Member Schellong asked about how much the use permit will be; City Manager Wier stated that a fee schedule will come before the Council in April. Council Member Greenough asked if sandwich board signs be allowed or disallowed; Mayor Inscore stated they have been allowed. City Attorney Rice stated that it is outlined what the conditions are; City Manager Wier stated that a permit is required for the sandwich boards. Council Member Greenough asked about the over-the-counter permit for sandwich boards; City Manager Wier stated that there would be a conditional use permit. Planner Lawton stated that the sandwich board does not need a use permit, but the flowing sign will.
Sandwich boards were only allowed for grand openings. Council Member Greenough asked for this to be brought back to discuss the 90-day allowance for sandwich boards for a long-term permit. Council Member Schellong agrees with Council Member Greenough, especially since there are businesses on 3rd Street that are within the building and not off the street. City Manager Wier asked for Council clarification that they want sandwich boards allowed with no time limit; City Attorney Rice stated that the business can put in their application how the sign would be used and the time frame. The Council was in consensus to allow sandwich boards and for staff to work on all of it together. Mayor Pro Tem Altman was not in favor of continuing discussions on the sign ordinance as he felt it had already taken too long and the Planning Commission did what was asked of them. Planner Lawton stated that he wanted clarification if the whole ordinance was being overhauled; Council Member Schellong stated that only the allowance of sandwich boards and wind feather signs.
Mike Greer: is in favor of moving forward with this as is, asked for the Council to work on section 7 of the ordinance.
Darrin Short: stated that in regards to the time-limit for sandwich boards, if the wording changes on the board, does that make it a different one? Asked for language to be in the ordinance to be ADA compliant and safe to pedestrians. Would like the ordinance to be business friendly.
Mayor Pro Tem Altman asked for clarification that this will not be going back before the Planning Commission; City Manager Wier stated it is not. City Manager Wier stated that tonight is only to adopt the ordinance. Mayor Pro Tem Altman stated that the initial was to make this ordinance more lenient. And now we are talking about sandwich boards after the Planning Commission has worked on this for 2 years; Council Member Schellong stated that the first time the Council has heard this was in February. Mayor Inscore stated that the issue at hand is to allow sandwich boards; Mayor Pro Tem Altman stated that the initial reason this was brought before the Council was to reduce the amount of wind feather flags. Council Member Greenough stated that the goal is to have everyone on the same page. Council Member Schellong stated that rules weren't being followed because of COVID when businesses just wanted to have it known that their business is open; would like to see additional language for sandwich boards with permit to be used without permit.
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Director Yeager explained the analyzation that the Planning Commission went through and the problem with not having a permit. If there is an issue in town with a sign, there is no enforcement.
He explained an issue that happened with sandwich boards downtown and that the encroachment process helped rectified the situation. City Manager Wier stated that code enforcement is responsible for enforcing this, not the police department.
The City Council directed staff to add language to the ordinance that allows sandwich boards with an administerial permit, a fee to be presented to the Council to approve, and with no time limit.
Mayor Inscore called a recess at 8:15pm
Mayor Inscore reconvened the Council meeting at 8:25p.m. and adjourned to the Housing Authority.
ADJOURN TO THE CRESCENT CITY HOUSING AUTHORITY
(Minutes in the next agenda for the Housing Authority)
RECONVENE THE CITY COUNCIL MEETING Mayor Inscore reconvened the Council meeting at 8:41p.m.
CONTINUING BUSINESS - None
NEW BUSINESS
11. Discussion Regarding the Use of Zoom at Public Meetings • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Give direction to staff regarding the use of Zoom during public meetings City Attorney Rice stated that this item is for the Council to determine whether or not they would like to continue using the Zoom platform. She went over how the platform started to be used by the City during COVID and it allowed us to continue to meet without gathering in large groups.
Due to the public engagement via Zoom, the City continued utilizing it. Now that things are getting more normalized, the platform is no longer as utilized by the public as before. It is more useful for meetings at a staff level. Recently this platform has been used by people outside of our community to say offensive comments. A lot of cities are moving away from this platform. She explained that due to the First Amendment, even if someone says something that one finds offensive, they still have the right to do so and cannot be silenced. City Attorney Rice stated that we are not required to offer public comment via Zoom. It can still be used for staff members or presenters to attend remotely, but not legislators. City Manager Wier stated that this does not prohibit us from using the live feed on YouTube; City Attorney Rice concurred.
Sam Strait: stated that currently we are three hours into the meeting and the public participation is slim. He further stated any way the public be allowed to attend the meeting should occur, however, understands the Council's position.
Darrin Short: stated that the County has discontinued Zoom and has saved $2k; he stated that the public can be in person, email, mail a letter to address the Council if needed be. He stated tha the 72 hour posting of the agenda may not allow someone to give public comment in time. Is in support of the County's decision to no longer use Zoom. 6 | Page
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Mike Greer: stated that Zoom is allowed during School Board meetings and they also utilize the chat option for questions.
Ethan Lawton: stated that many jurisdictions have wrestled with this decision; encouraged the City to remember their vision and mission when making this decision.
Mayor Pro Tem Altman stated that the Zoom option for the City for the last five meetings hasn't been working properly; is in agreement to discontinue Zoom. Council Member Wright stated he has never been a fan of Zoom and is in agreement to discontinue. Council Member Schellong is torn, does not want to take it away from the public, but also does not want to subject young children to the foul language that has been used on the platform. Council Member Greenough stated that the pandemic brought this platform forward and it has been a good resource. There is always a risk that someone is going to say something that is reprehensible, however it is their right to do so. Is in favor of continuing the Zoom option. Mayor Inscore stated that he doesn't disagree with anything said on the dais; before the pandemic, it was always believed that we were giving access to the public. He further stated that even before the public comment via Zoom from last meeting, he had contemplated discontinuing the Zoom option.
Sam Strait: stated that conversations include facial expressions and hand gestures, if you are not in the room, how valuable is the comment.
Council Member Wright prefers public comment be given in person; when comments are directed at you, it gives a different perspective. He stated that the comments from last meeting did not reflect Del Norte County at all and is in favor to discontinue using Zoom. Council Member Greenough stands by his decision to continue Zoom. Mayor Pro Tem Altman wishes that there was a platform that worked properly and respects Council Member Greenough's opinion. Further stated that he would like a screening process much like TV and radio. Council Member Schellong asked City Attorney Rice when the caller can be redirected; City Attorney Rice stated that it is when they are off topic and not tying their comment into an agenda item.
On a motion by Council Member Greenough, seconded by Council Member Schellong, with Council Member Wright, Mayor Pro Tem Altman, and Mayor Inscore voting no, to continue utilizing Zoom; motion failed to carry.
On a motion by Council Member Wright, seconded by Mayor Pro Tem Altman, and carried on a 3-2 polled vote with Council Member Greenough and Council Member Schellong voting no, the City Council of the City of Crescent City discontinued the use of Zoom.
CITY COUNCIL ITEMS
Reports, Concerns, Referrals, Councit travel and training reports - Council Member Schellong: The Audit Committee interviewed two companies and made a recommendation to staff in moving forward; attended LEAD Awards, BCRAA, welcome of Advance Air event
Council Member Wright: GRMA Board of Directors meeting and the next meeting in May will be discussions of who is staying in place.
Mayor Inscore: attended the LEAD Awards and the audit interviews. The Kamome Festival is the second week of April and the Japanese delegation will be here on the 11th. On Friday morning, the 12t at 9am, will be a meet and greet with the delegation and local leadership. Would like another Council Member and a staff member in attendance. There is a dinner that the Council will be invited to that evening and Elk Valley Casino will have a Taiko group performing. » Legislative Matters - None
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• City Manager Report and City Council Directives - City Manager Wier reported the following to the Council:
The Harbor is putting on an event in remembrance of the tsunami on the 23d that starts that morning and lasts all day; the City will help with the tsunami kiosk tour.
On the 28th will be a City event with a presentation by Lori Dengler on the 1964 tsunami. It will conclude with a walk to the tsunami fountain with a candlelight vigil.
Pebble Beach is still being worked on, but funding is being held up on a Congressional level. Congressman Huffman and Senator McGuire have been helping us obtaining funding. He stated that reimbursement may take a whole year to happen; this repair is several million dollars and cash flow is a problem.
MeasureS funded sections of streets and filled potholes along with some striping.
Council Member Greenough asked to see if Congressman Huffman or Senator McGuire can create a state revolving fund for the small cities; City Manager Wier stated it was a conversation he has had, but has no solid answer at this time. • CA Jobs First Funding Update- grant portal has been opened, however, it has been a challenging process as the application is not required - but a project idea. Staff is pushing hard for the Discovery Center.
• Mayor Inscore reported on his attendance to the meeting of the Pacific Fisheries Management Council. There will be a ground fishery here next year, fishing outside of 50 fathoms in April and inside of 20 fathoms from June - September. NOAA was here this week and a public meeting will be held on Wednesday night to listen to the public.
They will do a quillback fish analysis in 2025.
• Egg Adventure was a great success at the Pool.
• Community cleanup occurred this weekend and cleaned up Howe Drive West and the LDS Church did a great job.
• Chief Griffin announced that CCPD has a new K9 named Sgt. Murtaugh, showed a picture of him and Officer Sperling. A new Kg rig will be delivered next week all funded by Measure S.
Mayor Inscore asked staff to draft a thank you letter for him to sign for the LDS church and their cleanup of Howe Drive; the Council was in consensus.
Darrin Short: stated that Mayor Inscore's attendance to the PFMC meeting was profound and his speech was eloquent and he represented the community well. Golden State Finance Authority has money available to loan to municipalities for matching funds for grants.
ADJOURNMENT
There being no further business to come before the Council, Mayor Inscore adjourned the meeting at 9:50 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, April 1, 2024 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
ATTEST:
Boltman
Robin Altman
City Clerk/Administrative Analyst
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