Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson  Ray Walp, Vice-Chair Betsy Dewar  Brad Kime  Mohammed Amer Incorporated April 13, 1854 web: www.crescentcity.org AGENDA REGULAR MEETING Thursday, May 12, 2022 at 5:30 p.m. VIRTUAL VIA ZOOM The public may access and participate in the public meeting using one or more of the following methods: 1) Participate live online via Zoom (details below) or by utilizing the link to join the meeting posted on both the City of Crescent City – City Hall Facebook page and the City of Crescent City website (www.crescentcity.org), public comment may be made by using the raise hand feature on Zoom; 2) Public comments may be made in advance by submitting written comment via publiccomment@crescentcity.org or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the Planning Commission and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting. ZOOM PHONE NUMBER: (253) 215-8782 WEBINAR ID: 817 7781 3739 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9 I. CALL TO ORDER: ROLL CALL: II. CEREMONIAL ITEMS: Oath of Office for Incoming Planning Commissioner Mohammed Amer, and others as needed. III. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on PLANNING COMMISSION AGENDA any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). IV. CONSENT CALENDAR: None. V. APPROVAL OF MINUTES: VA- Approve meeting minutes for April 14, 2022. VB- Approve meeting minutes for April 7, 2022. VI. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: None VII. NEW BUSINESS VIIA. Approve and Adopt Resolution No. PC2022-05, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361. VIIB. Presentation from City Attorney Martha Rice regarding The Brown Act. VIII. CONTINUING BUSINESS: None IX. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. X. ADJOURNMENT: Adjourn to the Special meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday May 19th, 2022 at 5:30 p.m. via Zoom. POSTED: May 5, 2022 By: Heather Welton Office Technician PLANNING COMMISSION AGENDA  II CITY OF CRESCENT CITY Oath or Affirmation of Allegiance for Public Officers and Employees The Execution of this Oath is Required by Article 20, Section 3, of the Constitution of the State of California, I, Mohammed Amer, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true and faithful allegiance to the Constitution of the United States and to the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter for the Crescent City Planning Commission and Architectural Review Commission. Mohammed Amer, Planning Commissioner _____________________________________________ NAME AND TITLE OF PUBLIC OFFICER/EMPLOYEE SIGNATURE OF PUBLIC OFFICER/EMPLOYEE Subscribed and sworn to before me this 12th day of May, 2022. ____ Robin Patch, City Clerk ______________________________________________ NAME AND TITLE OF OFFICER ADMINISTERING OATH SIGNATURE OF OFFICER ADMINISTERING OATH  VA CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime Incorporated April 13, 1854 web: www.crescentcity.org MINUTES REGULAR MEETING Thursday, April 14, 2022 at 5:30 p.m. VIRTUAL VIA ZOOM I. CALL TO ORDER: Chairman Wendt called the meeting to order at 5:31 p.m. ROLL CALL: Commissioners present: Commissioner Betsy Dewar, Commissioner Brad Kime, Vice-Chair Ray Walp and Chairman John Wendt Staff present: City Manager Eric Wier, City Clerk/Administrative Analyst Robin Patch, and Public Works Director Jon Olson II. PUBLIC COMMENT: there were no members of the public present at the meeting. III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: Approve meeting minutes for the following dates: February 10, 2022 March 10, 2022 On a motion by Commissioner Dewar, seconded by Commissioner Kime, and carried on a 3-0 polled vote, with Chairman Wendt recusing himself as he was absent at the meeting, the City of Crescent City Planning Commission and Architectural Review Committee approved the meeting minutes for February 10, 2022 and March 10, 2022 as presented. V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: None VI. NEW BUSINESS VIA. Approve and Adopt Resolution No. PC2022-04, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361 Director Olson stated that if this is approved tonight it will cover the Commission until the May 12th regular meeting of the Commission. PLANNING COMMISSION MINUTES On a motion by Commissioner Kime, seconded by Vice-Chair Walp, and carried unanimously on a 4-0 polled vote, the City of Crescent City Planning Commission and Architectural Review Committee approved and adopted Resolution No. PC2022-04, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361 VII. CONTINUING BUSINESS: None VIII. REPORTS, CONCERNS, REFERRALS: Vice-Chair Walp expressed concern that the WWTP is no longer testing for COVID and would like to know if we can continue the testing and results posted on the City’s website. City Manager Wier stated that due to the inconsistency, Public Health Doctor Rehwaldt said to discontinue. City Manager Wier stated he would reach out to Public Health Doctor Stutz to see if we should resume. Vice-Chair Walp stated that there is no longer a good database for COVID cases. Director Olson stated that an RFQ will be posted on the City’s website for the Beachfront Park Master Plan for the projects we have funding for. City Manager Wier reported to the Commission the funding plan for consideration for Front Street. Construction is anticipated to begin in August. Chairman Wendt asked for an agenda item for coverage of the Brown Act. Unanimous consensus. VIII. ADJOURNMENT: There being no further business to come before the Commission, Chairman Wendt adjourned the meeting at 5:54 p.m. to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday May 12, 2022 at 5:30 p.m. via Zoom. ATTEST: ________________________ Robin Patch City Clerk/Administrative Analyst PLANNING COMMISSION MINUTES  VB CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime Incorporated April 13, 1854 web: www.crescentcity.org MINUTES SPECIAL MEETING Thursday, April 7, 2022 at 5:30 p.m. VIRTUAL VIA ZOOM I. CALL TO ORDER: Chairman Wendt called the meeting to order at 5:32 p.m. ROLL CALL: Commissioners present: Commissioner Betsy Dewar, Commissioner Brad Kime, Vice-Chair Ray Walp and Chairman John Wendt Staff present: City Manager Eric Wier, City Clerk Robin Patch and Public Works Director Jon Olson II. PUBLIC COMMENT: there were no public comments III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: None V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: None VI. NEW BUSINESS VIA. Approve and Adopt Resolution No. PC2022-03, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361 On a motion by Commissioner Kime, seconded by Chairman Wendt, and carried on a 4- 0 polled vote, the Planning Commission and Architectural Review Committee approved and adopted Resolution No. PC2022-03, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CRESCENT CITY AUTHORIZING THE USE OF TELECONFERENCING PROVISION UNDER AB 361 VII. CONTINUING BUSINESS: None VIII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), None PLANNING COMMISSION MINUTES VIII. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Wendt adjourned the meeting at 5:39 p.m. to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday April 14, 2022 at 5:30 p.m. via Zoom. ATTEST: ___________________________ Robin Patch City Clerk/Administrative Analyst PLANNING COMMISSION MINUTES  VIIA RESOLUTION NO. PC2022-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CRESCENT CITY AUTHORIZING THE USE OF REMOTE TELECONFERENCING (AB 361) WHEREAS, the Planning Commission of the City of Crescent City (“Planning Commission”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the Planning Commission recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, in order for the Planning Commission to use teleconferencing as allowed by AB 361, it must first adopt findings in a resolution, allowing the Planning Commission to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and WHEREAS, the County of Del Norte continues to recommend certain physical distancing requirements of people within Del Norte County, as described in detail in the Order of the Health Officer of the County of Del Norte dated 11/22/2021, and WHEREAS, the Planning Commission desires to conduct its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment in the safest environment possible. Resolution No. PC2022-05 Page | 1 NOW THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Crescent City that: 1. The recitals set forth above are true and correct and fully incorporated into this Resolution by reference. 2. The Planning Commission is conducting meetings during a state of emergency and state or local officials have imposed or recommended measures to promote social distancing. 3. The Planning Commission authorizes City staff to take all actions necessary to conduct Planning Commission meetings in accordance with Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution, after which the Planning Commission will reconsider the circumstances of the state of emergency. PASSED AND ADOPTED by the Planning Commission of the City of Crescent City on this 12 th day of May 2022, by the following polled vote: AYES: NOES: ABSENT: ABSTAIN: John Wendt, Chair of Planning Commission ATTEST: Robin Patch, City Clerk/Administrative Analyst Resolution No. PC2022-05 Page | 2