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SERVING DEL NORTE COUNTY SINCE 1879

www.triplicate.com

FRIDAY, NOVEMBER 13, 2020

Crescent City, CA

Language to ban smoking approved By David Hayes The Triplicate

The health of children living in proximity to smokers won the argument Nov. 2 as the City Council approved a smoking ban within multi-unit housing complexes. Counselors started split before discussion on imposing a ban, with Alex Fallman unsure about the effect it would unfairly have on addicts and Jason Greenough worried about infringements on personal liberties. In the end, Greenough was the lone holdout, as the council approved the ordinance 4-1. The ordinance bans smok-

ing in complexes consisting of two or more units and prohibits smoking in balconies, porches and patios along within common areas. It does allow landlords to designate smoking areas in no more than 10 percent of an unincorporated area that’s at least 25 feet from where smoke can reach others. In addition, these areas must be clearly marked with signs and notices and can include ashtrays and cigarette cans. The ordinance also establishes exposure to smoke as a nuisance and prescribes fines from $250 to $1,000 for violations. The biggest issue for Greenough, he said, remains just because the city can impose a ban,

should the city be doing this. “There’s already things on the books in the state of California, you can already talk to and appeal to your landlord, if there’s unhealthy issues, you can appeal to the health department,” Greenough said. “I think this ought to be placed back in the place between the landlord and the person renting.” However, Mayor Pro Tem Heidi Kime said she usually agrees with Greenough on liberty issues, but just not on this one. “Unfortunately, there are people who have reached out to their landlord for over a decade. There are apartment complexes owned by landlords that are out of town,

and they don’t care,” Kime said. “I was willing to work on the ad hoc committee on this because there have been people coming forward to ask the city for help.” City Attorney Martha Rice said Monday after completing her review of the ordinance language she was satisfied with it being consistent with similar programs in other cities to get past her initial concerns when it was introduced Oct. 19. “There are often requirements for noticing or to say that you need to provide a remedy for this, that or the other thing. But to have very specific terms, it’s not very common,” Rice said. “The others have been justified

on both using the city’s constitutional police powers and the fact that state law does not specifically cover this particular area. It’s not preempted by some other provision in state law.” Initially, Fallman’s opposition to the ordinance came from a feeling policing an addiction doesn’t work. First, Crescent City Police Chief Richard Griffin said this has nothing to do with the addiction of smoking. “They’re still going to be able to walk outside the residence, go over to a prescribed smoking area and smoke if they want to. What it hits home for is smoke Please see Smoking, Page A3

City Council tables beach fire ban By David Hayes The Triplicate

a go of it. It was kind of sketchy, with COVID going on. The website had been up and running for two years solid,” Hanks said. It took them almost two months to get everything set up in their store before they officially opened Aug. 29. Burley said they had a line out the door and around the building. “It was pretty insane,” he said. “But COVID helped us out in a weird way. With only being

On the verge of approving an updated ordinance on regulating beach fires between Battery Point and 6th Street, the City Council instead chose on Nov. 2 to wait until after the election to involve their newly elected colleagues in the decision. City Manager Eric Wier said the earliest staff would be able to bring the ordinance back for introduction and adoption would be Nov. 16. He added the Nov. 3 election created a timing issue. “This particular election, it will not be certified until Nov. 20. The new council will not be seated until Dec. 7, meaning a new city council would have the final vote. That council would sit for a public hearing. Upon direction tonight, we could postpone introduction of the ordinance.” City staff were already bringing the proposed changes back to the City Council a fourth time after being directed to survey the 16 homeowners along the stretch of beach in question. Additionally, an incident just two days before on Halloween night illustrated the need to reexamine the ordinance — Crescent City Fire and Rescue responded to a out of control fire on the beach near 8th Street and Pebble Beach Drive. “It was pretty impressive looking,” Crescent Fire Chief Bill Gillespie told the councilors. “They had brush clear up to the bank on fire and this one stemmed from a homeless camp. It ran through the brush. They said they had trees on the bank crowned out. You wouldn’t believe the amount of embers that were blowing into the field across the road. He added it took more than an hour to extinguish the fire. In addition, Wier said staff were unable to get a consensus from the survey of the homeowners on the proposed new ordinance, throwing another monkey wrench into the discussion. Changes to the 40-year-old beach fire ordinance would ban beach fires from 6th Street all the way to end of Lighthouse Way on public property and written consent from a property owner would be needed to build a beach fire on private property. In addi-

Please see Store, Page A3

Please see Ban, Page A3

Photos by David Hayes

Fogbank Clothing Company founders (from left) Tommy Burley and Joe Banks are joined by mascot Sasquatch outside their new store front at 275 L St. in Crescent City.

Fogbank Clothing Company goes legit with brick and mortar store By David Hayes The Triplicate

The Fogbank Clothing Company founding trio launched their idea to better promote Del Norte County and Northern California in 2015. After selling out of a backpacks during the 4th of July and other popup locations, Tommy Burley, Joe Hanks and Fred Victor transitioned their business online — fogbankclothing.com. Come 2020, they were ready to take the next logical step to move their product into a brick and mortar business. But why now when the online model had been working so well? “To get the stuff out of Joe’s house,” Burley deadpanned. Sitting in their new location at 275 L St. in Crescent City, Burley and Hanks admitted they almost got off to a bad start with plan A. “Originally, we thought about purchasing a building in town. We didn’t originally want a landlord controlling what we were doing,” Hanks said. “We were so lucky, because I think it was like two weeks before COVID. We

went and looked at a building, thinking ‘should we buy this?’ We were talking about pulling out of our 401k’s. Two weeks later the shutdown happens. You were texting me and were were like, ‘whew.’” Burley said they looked at the old Robin’s Nest building next to Los Compadres. “We had a really good feeling. I remember sitting there in the Robin’s Nest parking lot thinking there’s nothing that could stop us. Maybe like a tidal wave,” he said. It may have not been a literal tidal wave, but the coronavirus lockdown bowled over many businesses statewide. But they weren’t worried. “Because of our model, we would have figured out a way to continue to sell online,” Burley said. Hanks said Fogbank actually had some of their best months during the lockdown. “I work for UPS. The lockdown happened and I just went to work,” he said. “The volume in Crescent City went through the roof. Our website was pumping out orders every day.”

Fogbank Clothing Company founders (from left) Tommy Burley and Joe Banks are joined by mascot Sasquatch inside their new store front at 275 L St. in Crescent City. Burley, a network engineer (with Victor a full-time student in Chico State University’s RN program) said their 4th of July art contest was a massive hit, leading to their best month ever on their website selling the winner’s t-shirt design. Hanks said their current landlord, Gordon Pepper, then hit them up out out of nowhere giving them an offer they couldn’t refuse. “We decided to go all in, make

Norte Triplicate staff relocated Redwood Focused Care Clinics Del Dear Reader: service to our Del Norte Triplicate customNow accepting new patients

Primary Care. Chronic Care Management. Advanced Telehealth: No need to download any complex application or software, if you can receive a text, you can join us for a video visit.

To adapt to the ongoing health crisis stemming from COVID-19, we have relocated our Del Norte Triplicate staff to help ensure their safety and that of our Crescent City customers and community. For an indefinite period of time, our Triplicate employees are working out of the Curry Coastal Pilot office in Brookings. Meantime, we will continue to provide

Call: (855) 606-1634 286 M Street Suite B Crescent City, CA 95531

Remote Patient Monitoring: We will be able to monitor some of your health data and provide overall better care to you at your home through our devices given to you free of charge.

INDEX Crossword................................................A5 Crossword Answers..................................B3 Classifieds................................................B1

ers by phone at 707-460-6727 or by emailing triplicateofficemgr@countrymedia.net. Those who wish can visit the Brookings office at 15957 Hwy. 101, Suite 1. Our hope is that this move will reduce the number of contacts required of our employees and customers. Ben Kenfield Publisher bkenfield@countrymedia.net

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