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 MAY 6, 2024 6:00 P.M.
CLOSED SESSION
Call to order Mayor Inscore called the closed session to order at 5:01 p.m.
Roll call Council Members present: Council Member Kelly Schellong, Mayor Pro Tem Ray Altman and Mayor Blake Inscore
Council Members absent: Council Member Jason Greenough and 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
The following resident addressed the Council:
Linda Sutter: asked about 200 A Street and if the building had been demolished yet.
CLOSED SESSION
• Conference with Legal Counsel - Potential Litigation - Code Enforcement (GC 54956.9(d)(4)): Two Cases
• Public Employee Performance Evaluation (GC 54957) - City Attorney and City Manager
Closed session adjourned at 6:00 p.m.
OPEN SESSION
Call to order Mayor Inscore called the open session to order at 6:02 p.m.
Roll call Council Members present: Council Member Kelly Schellong, Mayor Pro Tem Ray Altman, and Mayor Blake Inscore
Council Members absent: Council Member Jason Greenough and Council Member Isaiah Wright
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Public Works Director Dave Yeager, Economic Development and Recreation Director Ashley 1 | Page
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Taylor, Finance Director Linda Leaver, Police Chief Richard Griffin, and Fire Chief Kevin Carey (via Zoom)
Pledge of Allegiance led by Mayor Inscore
REPORT OUT OF CLOSED SESSION
City Attorney Rice reported there were no actions taken in closed session.
CEREMONIAL ITEMS - None
REPORTS AND PRESENTATIONS
• Visitor Bureau Presentation - Lynnette Braillard, LuLish and Cindy Vosburg, Chamber of Commerce Executive Director
Ms. Braillard gave a presentation to the Council which outlined all of the marketing her firm has done on behalf of the City. Executive Director Vosburg reported to the Council how the funding for the Visitors Bureau is being used to promote our community. • Event presentation -Forest Moon
Director Taylor explained that this year's Forest Moon will be much like last year's, however, this year a concert in the Park will be included in the festivities.
PUBLIC COMMENT PERIOD
The following residents addressed the Council:
Tamera Leighton: spoke about an incident where someone removed a full truckload of driftwood off of the beach. Requested signs be placed so people know it is not allowed.
Linda Sutter: spoke about her lawsuit against the Tri-Agency and an investigation by the Office of Inspector General that was conducted on the Tri-Agency showing misuse of public funds.
CONSENT CALENDAR
1. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period April 6, 2024 through April 19, 2024.
2. Council Meeting Minutes
• Recommendation: Approve and adopt the April 8, 2024 and April 15, 2024 meeting minutes of the City Council.
3. Payroll Report
• Recommendation: Receive and file the biweekly payroll reports for the period ending April 20, 2024, paid April 26, 2024.
4. 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 Th and gth Streets per Public Contract code $ 22050
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5. Hambro Contract for Wastewater Treatment Plant Sludge Hauling and Disposal • Recommendation: Approve and authorize the City Manager to sign an Agreement between the City of Crescent City and Hambro WSG Wastewater Sludge and Disposal Services
6. Crescent City Cultural Gateway and Beautification Project - Clean California Local Grant - Bank Account, Fund and Budget
• Recommendation: Approve and adopt Resolution No. 2024-25, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE CITY
MANAGER AND/OR FINANCE DIRECTOR TO ESTABLISH A BANK ACCOUNT
FOR THE CLEAN CALIFORNIA GRANT
• Approve and adopt Resolution No. 2024-26, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING A NEW FUND FOR
THE CLEAN CALIFORNIA GRANT
• Approve and adopt Resolution No. 2024-27, 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
7. Competitive Permanent Local Housing Allocation (CPHLA) Fund and Budget • Recommendation: Approve and adopt Resolution No. 2024-28, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING A NEW
FUND FOR COMPETITIVE PERMANENT LOCAL HOUSING ALLOCATION
FUNDING
• Approve and adopt Resolution No. 2024-29, 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. Declaration of Police Department Building Designation as not an "Essential Services Building" Under the Essential Services Buildings Seismic Safety Act • Recommendation: Approve and adopt Resolution No. 2024-30, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY DECLARING THE POLICE
DEPARTMENT BUILDING TO NOT BE AN ESSENTIAL SERVICES BUILDING FOR
PURPOSES OF THE ESSENTIAL SERVICES BUILDINGS SEISMIC SAFETY ACT [Gov. Code § 1600 et seq.]
9. List of Proposed Local Street Projects for the Road Repair and Accountability Act of 2017 (SB1)
Recommendation: Approve and adopt Resolution No. 2024-31, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 TO BE FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT 2017
10. Americans with Disabilities Act (ADA) Grievance Procedure Update • Recommendation: Approve and adopt Resolution No. 2024-31, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING AND
ADOPTING A GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH
DISABILITIES ACT
11. Pebble Beach Drive Slide Budget Amendment to Receive Del Norte Local Transportation Commission (DNLTC) Funds
• Recommendation: Approve and adopt Resolution No. 2024-33, 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
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12. Budget Increase for SHN Planning Services Support
• Recommendation: Approve and authorize the City Manager to sign SHN Task Order #2 Amendment 3 for planning services for FY 23-24
• Approve and adopt Resolution No. 2024-34, 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
City Manager Wier asked for item 4 to be pulled since we won't have a 4/5th vote since two Council Members are absent.
There were no comments from the public.
Council Member Schellong asked for item 1 to be pulled so she can recuse herself and items 8& 9 for discussion.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City adopted the consent calendar consisting of items 2, 3, 5, 6, 7, 10, 11 and 12 as presented.
There were no comments from the public.
On a motion by Mayor Pro Tem Altman, seconded by Mayor Inscore, and carried with Council Member Greenough and Council Member Wright being absent and Council Member Schellong being recused, the City Council of the City of Crescent City voted 2-0 to adopt item 1 of the consent calendar as presented. This is not sufficient for a quorum, so this item will return to the next meeting.
There were no comments from the public.
Item 4 - City Manager Wier explained that since two Council Members are absent, the necessary 4/5ths vote will not be obtained. Since this item will not be adopted, it will end the pass on the normal competitive bidding process to procure services and contractors to address the emergency. Item 4 has been removed for Council consideration.
There were no comments from the public.
Item 8 - Council Member Schellong asked for pros and cons of not having CCPD as an Essential Services Building. City Manager Wier stated that our police department does not have a jail or medical services and is more of an administrative building, therefore not an Essential Services Building.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City adopted item 8 of the consent calendar as presented There were no comments from the public.
Item 9 - Council Member Schellong asked for this item to be pulled as it is important for the public to hear about the street repairs, especially with Measure funding augmenting the budget for streets. City Manager Wier explained that this is a list of shovel ready projects. Mayor Inscore stated that we are required to provide a list for the SB1 funding. 4 | Page
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On a motion by Mayor Pro Tem Altman, seconded by Council Member Schellong, and carried 3- O with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City adopted item 9 of the consent calendar as presented.
Linda Sutter: stated the SB1 funding is not a lot of money and asked how will getting the streets repaired be funded.
PUBLIC HEARING - None
CONTINUING BUSINESS - None
NEW BUSINESS
13. MeasureS Oversight Committee Annual Report for Fiscal Year 2022-2023 • Recommendation: Hear staff report
• Technical questions from the Council
Receive public comment
• Further Council discussion
• Receive and file the Crescent City MeasureS Oversight Committee Fiscal Year 2022- 2023 Annual Report
City Manager Wier reported to the Council that this report is to examine the expenditures.
Chairman Perry addressed the Council explaining that the report is done by an independent auditor. The Measure S Oversight Committee approved a resolution accepting the report at the last meeting. The Committee found no anomalies in the report and all of their questions were answered. Mayor Inscore asked Chairman Perry to share what the Committee's upcoming recommendations would be. Chairman Perry explained the goals set by the Committee. The City did an analysis of the streets and roads and the Committee has recommended money to be put into the streets budget annually. Regarding the slide at Pebble Beach, the MeasureS Oversight Committee recommends the City stick to the list of roads to fix and find alternative funding for the slide at Pebble Beach Drive.
The following resident addressed the Council:
Linda Sutter: asked about the $7,500 that was spent for financial oversight; City Manager Wier stated it paid for the financial audit and tax consultant for projections and audits On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City received and filed the Crescent City MeasureS Oversight Committee Fiscal Year 2022-2023 Annual Report.
City Manager Wier stated that $376,708 dollars have been currently spent of Measure S funds for streets; the Committee has approved an additional $250k. Council Member Schellong agrees with the Oversight Committee's recommendations to keep Measure S funds for the list of street repairs and that there should be alternative funding found for the slide.
14. Fee Waiver for Del Norte County Junior Giants Program Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
Further Council discussion
• Waive permit and lighting fees associated with the use of Peterson Park by the County of Del Norte for their Summer Junior Giants Program
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Director Taylor reported to the Council that the County Recreation Department reached out to staff requesting a fee waiver for the Junior Giants Program. John Horner, from Del Norte County Recreation Department, addressed the Council stating that this program fell by the wayside. It's a free baseball and softball program for our youth. Aaron Martinez, Ambassador for the Junior Giants Program, explained the Program to the Council. It is to help build character in our local youth. Mayor Inscore asked for the City Seal to be used in marketing this event to show partnership between the City and County. Director Horner stated he will see to it that it is added to the fliers and banners. Director Taylor said the fee being waived is nominal, just a little over $200.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City waived permit and lighting fees associated with the use of Peterson Park by the County of Del Norte for their Summer Junior Giants Program.
15. General Plan Annual Progress Report (APR
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Provide direction to staff on any proposed changes to the General Plan APR • Approve the General Plan Annual Progress Report
Ethan Lawton, City Planner with SHN, went over the General Plan Annual Progress Report. The General Plan is a guiding document for the long-term physical development of a community and is required to be updated periodically to reflect current circumstances. California Government Code Section 65400(a)(2) mandates that all cities and counties submit to their legislative bodies an annual report on the status of the general plan and implementation progress. This General Plan Annual Progress Report (GP APR) was approved by the Crescent City Planning Commission on March 14, 2024. After approval by the City Council a copy of this GP APR will be submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The GP APR also identifies which Elements are planned to be updated in the near future. The Health and Safety Element and Transportation and Circulation Element are set to be updated in 2024. State Law requires that after updating two GP Elements, the jurisdiction must also develop and adopt an Environmental Justice (EJ) Element. This new EJ Element is set to be prepared and adopted in 2024. The Land Use and Community Development Element is set to be updated in 2025. By the end of 2026, four of the eight Elements will have been updated. With the proposed Element updates, a comprehensive General Plan update is not necessary, and the findings listed above would remain valid.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote, with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City approved the General Plan Annual Progress Report
13. Municipal Code Update: Sign Regulations (Ch. 17.39) Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
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• Waive full reading, read by title only and introduce 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 recapped the Council's direction on the sign ordinance. He went over the revisions that were made to the ordinance. This ordinance will become effective July 3, 2024.
Council Member Schellong stated that Residential Professional (RP) zoning was not checked, is the process different for them; Planner Lawton stated that signs would not be allowed for that zoning. Mayor Inscore stated that the same should be done for residential businesses as regular businesses. He further asked if the wording in the ordinance could read "City staff' instead of "Community Development Director"; City Manager Wier stated it should stay Community Development Director to keep the municipal code language consistent. Council Member Schellong stated that City staff should be able to do a sign permit instead of outsourcing to a consultant. Council Member Schellong suggested that the City Manager have the authority to receive and sign for sign permits. Planner Lawton said that most of all permitting is done at a staff level at SHN, not done by the director. Mayor Inscore stated that most faith-based locations are within residential zones and should be allowed to have banners like businesses. Mayor Inscore stated that "RP" should be checked as there are businesses in residential zones. City Attorney Rice stated that it can be a clear amendment and this ordinance can still be introduced, as written, tonight. The amendment would be to include the RP zone as a qualified Zone for a conditional use permit. Mayor Inscore asked if revision 8 be changed to RP. Director Yeager stated his concern is where the signs are placed in the City's right-of-way. City Attorney Rice stated that the City would be able to enforce signs being inerrantly placed within the City's right- of-way.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote, with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City waived full reading, read by title only and introduced 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 to include sandwich board sign types in the RP and CZ-RP with a Conditional Use Permit.
14. Incentives for Affordable Housing Ordinance (Chapter 17.48.030) • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Waive full reading, read by title only and introduce, Ordinance No. 841, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 17.48.030, INCENTIVES FOR AFFORDABLE HOUSING, OF TITLE 17, ZONING, OF THE CRESCENT CITY MUNICIPAL CODE
Planner Lawton explained that this is an existing ordinance but is very outdated which does not match state law. This will help developers for State Density projects. Two programs that reevaluate the Crescent City Municipal Code (CCMC) is the housing element program P-3.1 density bonus which revises the City's Zoning Ordinance to be consistent with State law and P-
22.3 - Lower Income and Supportive Housing which promotes the development of low and extremely low-income housing and housing for targeted special needs groups with an applicant proposing multi-family developments. Ensure that development for or including low- and extremely low-income or special needs receive priority processing. Planner Lawton went over 7 | Page
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each one of the revisions of the ordinance that make it conform to state law. Council Member Schellong asked how the City can regulate how much a landlord increases rent; City Attorney Rice stated that it is required for them to report to the City, how much the tenant is making and what their rent is. Planner Lawton explained the compliance for granting a density bonus. Council Member Schellong asked about revision 4 and how permitting is outlined asking if it is the same way the City works with developers; Planner Lawton stated yes, it is the same. Mayor Inscore stated he is hopeful that permanent housing for transitional housing.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 3-0 polled vote, with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City waived full reading, read by title only and introduced Ordinance No. 841, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 17.48.030, INCENTIVES FOR AFFORDABLE HOUSING, OF TITLE 17, ZONING, OF THE CRESCENT CITY MUNICIPAL CODE.
17. Fire Training Burn Agreement with the County
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve the Fire Training Burn Exercise Agreement with Del Norte County City Attorney Rice stated that this is in relation to the old Mental Health building on Williams Drive.
The County wants to demolish the building so that a homeless shelter can be built. The fire department wanted to use this building as a training burn. Council Member Schellong asked how many firefighters it will take for this exercise; Fire Chief Carey stated there will be a dedicated response team for any events that occur.
There were no comments from the public.
On a motion by Mayor Pro Tem Altman, seconded by Council Member Schellong, and carried on a 3-0 polled vote, with Council Member Greenough and Council Member Wright being absent, the City Council of the City of Crescent City approved the Fire Training Bum Exercise Agreement with Del Norte County.
CITY COUNCIL ITEMS
• Reports, Concerns, Referrals, Council travel and training reports -.
Council Member Schellong: attended the Chamber of Commerce Economic Summit, the Border Coast Regional Airport Authority meeting was cancelled, and attended the Redwood Coast Transit Authority meeting. Asked for an update on an RV Park ad hoc meeting and how things have changed with the new fee schedule. And an update on new businesses and business licenses.
Mayor Pro Tem Altman: nothing to report
Mayor Inscore: attended the special Del Norte Local Area Formation Commission meeting, Del Norte Solid Waste Management Authority, Elk Valley Tribal Fuel Mart Grand Opening, Homeless ad hoc committee meeting, Walmart Grand Opening, Economic Summit, and Tri-Agency Board of Directors meeting.
• Legislative Matters - Chief Griffin reported to the Council some new laws regarding organized retail theft. Chief Griffin introduced K9 Sgt. Murtaugh to the Council and public. 8 | Page
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Officer Sperling stated that his Kg has already been deployed with great success. Chief Griffin would like to introduce two CCPD volunteers with the K9 program in the near future. • City Manager Report and City Council Directives -
• Pool HVAC Agreement - bids have been received for this project, the bids are close but are over the budgeted amount. $1.172 is what the bids came in; there is some funding available in Measure S funds under parts and supplies, we are just short in the budgeted amount.
Coastal Commission statewide meeting - Will be here in Crescent City at Elk Valley Rancheria. They will be reviewing the slide on Pebble Beach; and City Manager Wier is going to give public comment.
ADJOURNMENT
There being no further business to come before the Council, Mayor Inscore adjourned the meeting at 8:34 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, May 20, 2024 at 6:00 p.m. at the Flynn Center Board Chambers, 981 H Street, Crescent City, CA 95531.
ATTEST:
Ratma
Robin Altman
City Clerk/Administrative Analyst
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