Agenda packet — Concord City Council, October 25, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the Concord-
Pleasant Hill Health Care
District
Tuesday,
October 25, 2022
5:00 p.m. - Closed Session
7:00 p.m. - Open Session
Closed Session:

Permit Center
Conference Room
Open Session: Council
Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.

Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

Join the Zoom webinar for the Closed Session by following THIS LINK Join the Zoom webinar for the Open Session by following THIS LINK 2 To Participate in Public Comment for the Closed Session Agenda Item:

How to Submit Public Comments:

Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the Closed Session agenda item and provided to the City Council prior to the meeting.
Email comments to [email protected].
Please identify your comment as Closed Session Agenda Item.

Please note that emailed comments will not be read aloud by staff.

In-Person Comments: Blue Speaker Identification Cards are located in the Permit Center Conference Room. Please complete a Speaker Card and give it to the City Clerk prior to the closed session agenda item preferably prior to the Closed Session. When the Mayor opens the public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Closed Session.

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/89897195375?pwd=SDBEbnNJUlIwZ1dpUHJwS29aWGpTZz09 oWebinar ID: 898 9719 5375
oPasscode: 111372
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens the comment period during the Closed Session, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
3 CLOSED SESSION

1. OPENING
Roll Call

2. CLOSED SESSION
The public is entitled to address the City Council on Closed Session items appearing on the agenda before the City Council’s consideration of the items. Each speaker will be limited to approximately three minutes per Closed Session agenda item. Please see “How to Submit Public Comments” above.
a. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Donna Lee, Budget Officer; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore; Jeff Chang, Esq., Best, Best, & Krieger LLP
Employee organizations: Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association

3. RECESS TO OPEN SESSION
To Participate in the Open Session:

How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK Join the Zoom webinar by following THIS LINK
How to Submit Public Comments:

Please note that emailed comments will not be read aloud by staff.

Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting.
Email comments to [email protected].
If you are commenting on a particular item on the agenda, please identify the agenda item number and letter.
If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment.
4 To Participate in Public Comment During the Meeting:

Please note that emailed comments will not be read aloud by staff.

In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/83947470996?pwd=WENYcUhnd0NDbUExNnNGdTQ5bU5IQT09 oWebinar ID: 839 4747 0996
oPasscode: 832560
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
5 OPEN SESSION

4. OPENING
Roll Call
Pledge of Allegiance – Councilmember Obringer

5. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.

6. PRESENTATION
a. Presentation – of Business Recognition Awards to Trader Joe's, Golden State Lumber, and Empire Barbershop. Overview of program and presentations by Robert Carrera, Economic Development Specialist.

Introduction by Mayor Aliano.

7. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH

CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHC on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above.

CITY COUNCIL CONSENT CALENDAR
a. Considering – acceptance and appropriation of $180,000 Transportation Development Act – Article 3 (TDA) Grant funds from Metropolitan Transportation Commission (MTC) for the Bailey Road Crossing Enhancements at Olive Drive and Limewood Drive (PJ 2601). Recommended by the Director of Community Development.

CEQA: exempt per CEQA Guidelines Section 15301, 15302, 15303, and 15304.
6 CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT CONSENT CALENDAR
b. Considering – adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

8. PUBLIC HEARING
a. Considering – the following:

1. Introduction of an Ordinance adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code Adopting by reference Chapter 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code Prohibiting a Food Facility from providing any Single-Use foodware accessory or standard condiment unless requested by customer and authorizing City and County Enforcement and Penalties by reading of the title only and waiving further reading; and

2. Adoption of a Resolution amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord). Report by Craig Blythe, Administrative Services Manager.

CEQA: Exempt/not a project pursuant to Public Resources Section 21065,CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3).

9. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

10. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a. Written report on California Cannabis Control Session held October 12-13, 2022, submitted by Councilmember Birsan.
7 11. ADJOURNMENT
Next Meeting: Regular Meeting - Cancelled
Date: 11/1/2022 6:30 p.m.

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

From: frank sterling <[email protected]>
Sent: Thursday, October 20, 2022 10:56 AM
To: City Clerk <[email protected]>
Subject: Walk to honor Timothy Charles Lee, Lynched at Concord BART 1985 We Still Want Justice Gr
eeting Joelle, can you please share this with the city council and mayor? I will be speaking at public comment or civic announcements at the Oct 25th meeting to remind them but I want them to see these documents.

My na
me is Frank Sterling, I recently spoke at the city council meeting about my cousin Timothy Charles Lee. Timmy, as he was known, was killed in a terrible way at the Concord BART station in 1985. As many of you may know the killing was ruled a suicide by the Concord police at the time. This terrible conclusion to Timmy's case prompted outrage from the black community and the LGBTQIA+ community at the time. There were many protests led by the NAACP and ACLU along with a new community group that formed called CARSAGA (Coalition Against Racist and Anti-Gay Attacks and an FBI investion was called for.

Her
e we are 36 years later and no one was ever charged with a crime.. There are accounts of cigarette burns on his body.. A handwriting expert who examined the suicide note says the note was written under duress. He spelt his own name wrong and the names of his sister and brother as well.. The handwriting expert is still alive by the way and has 36 more years of experience and took another look at the evidence I sent her and she stands by her original statements and is as ouraged today as she was then, is what she said to me in a recent email.

It is
possible that the killers of Timmy are walking the streets free to this day. If they were around Timmy's age when this happened they may be in their late 60's or early 70's.

So i
n light of all this, we will be walking from the Rainbow Community Center through Todos Santos Plaza reminding the people of Concord what happened to Timmy. We will end at the group of trees where Timmy was killed in the south BART parking lot that borders Diablo street.

I have attached a general map for you.

I ha
ve also attached 2 old protest flyers so you all can get a look at what was happening in Concord when Timmy was killed. Please read those flyers. I have also attached the new 2022 flyer to invite you all to the walk with us. I would invite one of you African American Representatives to speak at the vigil. In lieu of that, I would invite the mayor to make a short statement. No more than 3 minutes..

Oka
y... I hope to see some of you out there Wednesday Nov. 2nd at 4pm Rainbow Community Center..

Tha
nk you for your time..

Fr
ank Sterling
Written Public Comment
Agenda Item No. 5.a
October 25, 2022

5.a

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Timothy Lee, a 23 year old b
Concord BART station, on Saturday, November 2, 1985. His body was found just two miles from the place where Tony Lamar Hall and Jeffrey Charles Miller, two young black men, were stabbed on the same night, by two white men in KKK robes.

The Concord police closed the
suicide. But the "suicide note" misspelled Timothy's name and the names of family members. Even though the strap used in the lynching didn't belong to Tim, the coroner's office destroyed the evidence.

This was no "suicide." Timothy Lee was a successful fashion design student who had just won a fellowship to study in Milan, Italy. He was also half Native American. He and his mother had participated in the Alcatraz occupations of the early 70's.

Timothy Lee's family went to the press to expose the Concord police's coverup, and also went to the NAACP. The Coalition Against Racist, Sexist, Anti formed to protest this racist, anti
one in November and one in December, to expose the police cover demanded a full, independent investigation controlled by workers, blacks, other people of color, and lesbians and gays. The Coalition also held a community meeting to discuss the case, as well as other KKK attacks.

The Coalition meets weekly on Tuesdays at 7:30 pm, at the New College of Law, 50 Fell Street at Van Ness Avenue, in San Francisco, to plan further actions. We want to find out who killed Timothy Lee, and to expose the Klan and Nazi organizing and attacks that have been on the rise in Contra Costa County, around the Bay area, and throughout the country. Community response, pressure and actions can help stop these attacks.

The police will not protect us. They are covering up Timothy Lee's murder. It's important for black, gay, Jewish, lesbian, immigrant, feminist, labor, leftist, Chicano, Latino, Arab American, Asian American, Native American, disabled, and all people who are targets of Klan and Nazi terror, to organize together to defend ourselves, our organizations, and our communities. We must show the KKK and the Nazis that we will not be terrorized by their hatred and attacks.

At the trial of Harold Galland, KKK
Get Involved! Attend weekly Coalition meetings on Tuesdays, 7:30 pm, New College of Law, 50 Fell Street at Van Ness Avenue, San Francisco
Coalition Against Racist, Sexist, Anti
TIMOTHY LEE, 23

PROTEST RACIST, SEXIST,
ANTI-GAY ATTACKS!
STOP
KKK TERROR!!
Timothy Lee, a 23 year old black gay man, was found dead, hung from a tree near the RT station, on Saturday, November 2, 1985. His body was found just two miles from the place where Tony Lamar Hall and Jeffrey Charles Miller, two young black men, were stabbed on the same night, by two white men in KKK robes.

The Concord police closed the investigation, claiming that Timothy Lee committed suicide. But the "suicide note" misspelled Timothy's name and the names of family members. Even though the strap used in the lynching didn't belong to Tim, the coroner's office destroyed the evidence.
was no "suicide." Timothy Lee was a successful fashion design student who had just won a fellowship to study in Milan, Italy. He was also half Native American. He and his mother had participated in the Alcatraz occupations of the early 70's. family went to the press to expose the Concord police's coverup, and also went to the NAACP. The Coalition Against Racist, Sexist, Anti formed to protest this racist, anti-gay lynching. The Coalition held two demonstrations, ovember and one in December, to expose the police cover demanded a full, independent investigation controlled by workers, blacks, other people of color, and lesbians and gays. The Coalition also held a community meeting to discuss the e, as well as other KKK attacks.

On January 3, 1986, the NAACP held a press conference, calling for an FBI investigation of Timothy Lee's death. On January 7 the FBI announced that they had opened an investigation. Recently, witnesses have reported that th station around the time of Timothy Lee's murder. Timothy Lee's family has filed a $2 million suit against BART. Tony Hall and Jeffrey Miller have also filed suit for violation of their civil rights. Their KKK attackers have b guilty; the other, Harrold Gallant, is going to trial on Monday, March 3, at 10:00 am, at the Martinez Courthouse. The Coalition is calling a demonstration at 9:00 am at the Courthouse, to protest this racist, KKK attack.
ition meets weekly on Tuesdays at 7:30 pm, at the New College of Law, 50 Fell Street at Van Ness Avenue, in San Francisco, to plan further actions. We want to find out who killed Timothy Lee, and to expose the Klan and Nazi organizing and attacks been on the rise in Contra Costa County, around the Bay area, and throughout the country. Community response, pressure and actions can help stop these attacks.

The police will not protect us. They are covering up Timothy Lee's murder. It's lack, gay, Jewish, lesbian, immigrant, feminist, labor, leftist, Chicano, Latino, Arab American, Asian American, Native American, disabled, and all people who are targets of Klan and Nazi terror, to organize together to defend ourselves, our and our communities. We must show the KKK and the Nazis that we will not be terrorized by their hatred and attacks.

DEMONSTRATE!
At the trial of Harold Galland, KKK-robed attacker of two black men MONDAY, MARCH 3 9:00 am
Martinez Courthouse, 725 Court Str
Get Involved! Attend weekly Coalition meetings on Tuesdays, 7:30 pm, New College of Law, 50 Fell Street at Van Ness Avenue, San Francisco
Coalition Against Racist, Sexist, Anti-Gay Attacks PO Box 5357, San Francisco, CA 94101

PROTEST RACIST, SEXIST,
GAY ATTACKS!
STOP
KKK TERROR!!
ack gay man, was found dead, hung from a tree near the
RT station, on Saturday, November 2, 1985. His body was found just two miles from the place where Tony Lamar Hall and Jeffrey Charles Miller, two young black men, were stabbed on the same night, by two white men in KKK robes. investigation, claiming that Timothy Lee committed
suicide. But the "suicide note" misspelled Timothy's name and the names of family members. Even though the strap used in the lynching didn't belong to Tim, the coroner's was no "suicide." Timothy Lee was a successful fashion design student who had just won a fellowship to study in Milan, Italy. He was also half Native American. He and his mother had participated in the Alcatraz occupations of the early 70's. family went to the press to expose the Concord police's coverup, and also went to the NAACP. The Coalition Against Racist, Sexist, Anti-Gay Attacks (CARSAGA) gay lynching. The Coalition held two demonstrations,
ovember and one in December, to expose the police cover-up. The Coalition demanded a full, independent investigation controlled by workers, blacks, other people of color, and lesbians and gays. The Coalition also held a community meeting to discuss the On January 3, 1986, the NAACP held a press conference, calling for an FBI investigation of Timothy Lee's death. On January 7 the FBI announced that they had opened an investigation. Recently, witnesses have reported that they heard screams near the BART station around the time of Timothy Lee's murder. Timothy Lee's family has filed a $2 million suit against BART. Tony Hall and Jeffrey Miller have also filed suit for violation of their civil rights. Their KKK attackers have been arrested. One pleaded guilty; the other, Harrold Gallant, is going to trial on Monday, March 3, at 10:00 am, at the Martinez Courthouse. The Coalition is calling a demonstration at 9:00 am at the ition meets weekly on Tuesdays at 7:30 pm, at the New College of Law, 50 Fell Street at Van Ness Avenue, in San Francisco, to plan further actions. We want to find out who killed Timothy Lee, and to expose the Klan and Nazi organizing and attacks been on the rise in Contra Costa County, around the Bay area, and throughout the country. Community response, pressure and actions can help stop these attacks.

PROTEST RACIST, SEXIST,
ack gay man, was found dead, hung from a tree near the
RT station, on Saturday, November 2, 1985. His body was found just two miles from the place where Tony Lamar Hall and Jeffrey Charles Miller, two young black men, investigation, claiming that Timothy Lee committed
members. Even though the strap used in the lynching didn't belong to Tim, the coroner's was no "suicide." Timothy Lee was a successful fashion design student who had just won a fellowship to study in Milan, Italy. He was also half Native American. He and family went to the press to expose the Concord police's coverup, and Gay Attacks (CARSAGA)
gay lynching. The Coalition held two demonstrations,
demanded a full, independent investigation controlled by workers, blacks, other people of color, and lesbians and gays. The Coalition also held a community meeting to discuss the investigation of Timothy Lee's death. On January 7 the FBI announced that they had opened ey heard screams near the BART
station around the time of Timothy Lee's murder. Timothy Lee's family has filed a $2 een arrested. One pleaded
guilty; the other, Harrold Gallant, is going to trial on Monday, March 3, at 10:00 am, at the Martinez Courthouse. The Coalition is calling a demonstration at 9:00 am at the ition meets weekly on Tuesdays at 7:30 pm, at the New College of Law, 50 Fell Street at Van Ness Avenue, in San Francisco, to plan further actions. We want to find out who killed Timothy Lee, and to expose the Klan and Nazi organizing and attacks been on the rise in Contra Costa County, around the Bay area, and throughout The police will not protect us. They are covering up Timothy Lee's murder. It's lack, gay, Jewish, lesbian, immigrant, feminist, labor, leftist, Chicano, Latino, Arab American, Asian American, Native American, disabled, and all people who are and our communities. We must show the KKK and the Nazis that we will not robed attacker of two black men MONDAY, MARCH 3 9:00
Get Involved! Attend weekly Coalition meetings on Tuesdays, 7:30 pm, New College of Law, Gay Attacks PO Box 5357, San Francisco, CA 94101

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Business Recognition Awards
OCTOBER 25, 2022
1 6.a

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Introduction
2 ROBERT CARRERA, ECONOMIC DEVELOPMENT SPECIALIST, CITY OF CONCORD

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Presentation of Awards
3 MELISSA REA, PRESIDENT/CEO, GREATER CONCORD CHAMBER OF COMMERCE

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TRADER JOE’S
4 EMPLOYMENT | TAX REVENUE | LONGEVITY

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GOLDEN STATE LUMBER
5 EMPLOYMENT | TAX REVENUE

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EMPIRE BARBERSHOP
6 COMMUNITY IMPACT

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Congratulations
7

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Staff Report
Date: October 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering acceptance and appropriation of $180,000 Transportation Development Act – Article 3 (TDA) Grant funds from Metropolitan Transportation Commission (MTC) for the Bailey Road Crossing Enhancements at Olive Drive and
Limewood Drive (PJ 2601).

CEQA: exempt per CEQA Guidelines Section 15301, 15302,
15303, and 15304.

Report in Brief
The City of Concord applied for and was awarded an $180,000 Transportation Development Act – Article 3 (TDA) Grant for the Bailey Road Crossing Enhancements Project. The project proposes to install high-visibility crosswalks along Bailey Road at Olive Drive and Limewood Drive, Rapid Rectangular Flashing Beacons (RRFBs), and curb ramps at both intersections. See Attachment 1 for location.

Council action is required to accept and appropriate the approved grant funds. Upon approval by the City Council, staff may begin working on the project and initiate the process of selecting a design consultant for the project. The preliminary schedule calls for design to be completed in 2023, with construction substantially completed in 2024.

7.a7.a7.a7.a

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City Council Agenda Report
Agenda Item No. 7.a
October 25, 2022
Recommended Action
Accept and appropriate the $180,000 Transportation Development Act – Article 3 (TDA) Grant funds from Metropolitan Transportation Commission (MTC) for the Bailey Road Crossing Enhancements at Olive and Limewood Drive (PJ 2601).

Background
On January 10, 2022 the City Council adopted Resolution No. 22-1 to apply for Transportation Development Act Article 3 Pedestrian and Bicycle Project grant funding for Fiscal Year 2022-2023 for the Bailey Road Crossing Enhancements Project.

The project scope was reviewed and supported by the City’s Bicycle, Pedestrian and Safe Routes to Transit Plan Committee (BPAC) and the City Council prior to application.

Proposed improvements for the Bailey Road Crossing Enhancements Project will include installing high-visibility crosswalks along Bailey Road at Olive Drive and Limewood Drive, Rapid Rectangular Flashing Beacons (RRFBs), and curb ramps at both intersections.

Analysis
On July 27, 2022, MTC advised staff that the City’s TDA grant application had been approved, with a partial allocation of $180,000 for the project. The full requested amount was $216,000. Local funds in the amount of $54,000 were funded when the CIP was adopted. The City’s Engineer’s estimated project budget was $270,000. Consequently, this project is likely not fully funded for design and construction. Staff will propose adding to the project budget after construction bids are received and actual construction costs are known.

Acceptance and appropriation of the TDA Grant funds is required to initiate project activities. Upon approval by the City Council, staff will begin working on the project and initiate the process of selecting a design consultant for the project. The preliminary schedule calls for design to be completed in 2023, with construction substantially completed in 2024.

Financial Impact
The estimated project costs for design and construction of this project is $270,000. The City was awarded a TDA Grant in the amount of $180,000 (67% of the costs) from the Metropolitan Transportation Commission as shown in Attachment 2. $54,000 (20% of the costs) is the City’s local match funded by the approval of the CIP Budget on June 28, 2022. Due to not meeting the original engineer’s estimated project budget of $270,000, there is a strong possibility that a budget transfer will be needed at construction contract award to fully fund the project, depending upon construction bids.

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City Council Agenda Report
Agenda Item No. 7.a
October 25, 2022
Environmental Determination
The project is exempt from CEQA pursuant to CEQA Guidelines Section 15301 – Existing Facilities, 15302 – Replacement or Reconstruction, 15303 - New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land because, among other things, it involves minor alterations to existing streets, sidewalks, bicycle trails and similar facilities, replacement or reconstruction of existing facilities, and construction of limited number of small facilities or structures. A Notice of Exemption (Attachment 3) was filed with the County Clerk on January 12, 2022 in accordance with Resolution 22-1 adopted by City Council on January 12, 2022.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. MTC Funding Letter

3. Notice of Exemption

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Attachment 1

Bailey Road Crossing Enhancements Project
Location Map

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Attachment 2

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Attachment 3

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Staff Report
Date: October 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.

Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.

7.b7.b7.b

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City Council Agenda Report
Agenda Item No. 7.b
October 25, 2022
Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.

On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).

On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.

Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
 Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
 Each teleconference location must be accessible to the public;  Members of the public must be able to address the body at each teleconference location;
 Post agendas at all teleconference locations; and
 During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.

In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 18 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

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City Council Agenda Report
Agenda Item No. 7.b
October 25, 2022
The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a “state of emergency” pursuant to Government Code Section 54953(e)(4), and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

On September 20, 2021, the Health Officer of the County of Contra Costa (“Health Officer”) issued recommendations, and on March 1, April 15, June 14, August 9, September 1, and October 4, 2022, updated recommendations for safely holding public meetings, including recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID- 19:
https://cchealth.org/covid19/pdf/recommendations-for-safe-public-meetings.pdf.

Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has regularly adopted resolutions consistent with the findings required by AB 361 to enable teleconference meetings. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to allow public meetings by teleconference for the next 30 days, through November 24, 2022.

Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options,” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
 The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Given the Governor’s

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City Council Agenda Report
Agenda Item No. 7.b
October 25, 2022
State of Emergency remains in place and the Contra Costa County Health Officer continues to recommend social distancing, the City Council can make the necessary findings to adopt a Resolution to continue using AB 361’s exemption.

Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Financial Impact
There is no financial impact.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY COUNCIL SITTING

AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, the Health Officer of the County of Contra Costa (“Health Officer”) has issued various health orders and updates designed to slow the spread of COVID-19 (including variants thereof) such as vaccinations, quarantines, face covering requirements, and social distancing recommendations designed to protect public health. The health orders and recommendations can be found on the Contra Costa Health Services website: https://www.coronavirus.cchealth.org/health- orders; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed Attachment 1

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, Delta and Omicron variants emerged, causing spikes in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions (including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 cases, including numerous variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the most recent variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; City staff and/or officials have experienced COVID-19 outbreaks and/or exposures; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and
WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a “state of emergency” proclaimed by the Governor pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, on October 4, 2022, the Health Officer updated recommendations for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19,

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
and further recommending social distancing and face masking of all Attendees: recommendations-for- safe-public-meetings.pdf (cchealth.org); and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-64, Local Reuse Authority Resolution No. 22-43, and Concord/Pleasant Hill Health Care District Resolution No. 21-035 on October 4, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(A), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees.

Consistent with that authority, this October 25, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing; and
WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-64, LRA Resolution No. 22-43, and Concord/Pleasant Hill Health Care District Resolution No. 22-035 was adopted continue to exist as of the date of this Resolution; and WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on October 25, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated October 25, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”).

Page 7 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 4

NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS

THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.

Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Section 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:

Page 8 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 5
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

Section 4. As of October 4, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on October 25, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX and Concord/Pleasant Hill Health Care District Resolution No. 22- XX, were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on October 25, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Brown
City Attorney

Page 9 of 10 ends

From: D'Marco Anthony <[email protected]>
Sent: Tuesday, October 25, 2022 10:11 AM
To: City Clerk <[email protected]>
Subject: Public comment 7b

Hello. I would like to reiterate my support for the remote option to be available throughout the COVID-19 public health emergency.

Thank you,
-D'Marco J. Anthony

Benched Correspondence
Agenda Item No. 7b
October 25, 2022

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Staff Report
Date: October 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering the following:

1. Introduction of an Ordinance adding Chapter 8.18 (Single- Use Foodware Accessories and Condiments) to Title 8
(Health and Safety) of the Concord Municipal Code
Adopting by reference Chapter 5.2 (Commencing with
Section 42270) of Part 3 of Division 30 of the Public
Resources Code Prohibiting a Food Facility from providing any Single-Use foodware accessory or standard condiment unless requested by customer and authorizing City and
County Enforcement and Penalties by reading of the title only and waiving further reading; and

2. Adoption of a Resolution amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various
Municipal Services in the City of Concord).

CEQA: Exempt/not a project pursuant to Public Resources Section 21065,CEQA Guidelines Sections 15060(c), 15378, and/or 15061(b)(3).

Report in Brief
The City of Concord is required by AB 1276 (Carillo) to authorize an enforcement agency to prohibit a food facility from providing single-use foodware accessories or standard condiment unless requested by a customer.

8.a8.a8.a8.a8.a8.a8.a

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City Council Agenda Report
Agenda Item No. 8.a
October 25, 2022
Recommended Action

1. Introduce an Ordinance adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code Adopting by reference Chapter 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code Prohibiting a Food Facility from providing any Single-Use foodware accessory or standard condiment unless requested by customer and authorizing City and County Enforcement and Penalties by reading of the title only and waiving further reading; and.

2. Adopt a resolution amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord. (Attachment 3)
Background
On October 5, 2021, Governor Newsom signed Assembly Bill (“AB”) 1276 (Carillo) into law to prohibit a food facility from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer. AB 1276, which amends Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, requires a city, county, or city and county, to authorize an enforcement agency to enforce the new requirements.

In order to enforce the new law, staff recommend adopting the state law by reference to ensure that the language in the City’s Municipal Code remains consistent with the state law as it is currently written, and as it may be amended in the future. This approach will reduce the number of times that the City must revisit and readopt amended state law language. Pursuant to Government Code Section 50022.3, the public hearing for an ordinance to adopt a state law by reference will take place at the second reading and adoption of the ordinance. There are additional procedural steps that the City must follow to adopt a state law by reference, as further described below.

AB 1276 Summary
AB 1276 is designed to reduce excess packaging and undesired condiments and utensils from being given to a customer when eating on premises or taking food to go.

The law, as amended, is intended to give consumers more choices about single-use foodware accessories and condiments in order to reduce waste. The law prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the customer from taking only the item desired. It authorizes a food facility to ask a drive-through customer if the customer wants a single-use foodware accessory in specified circumstances. The law requires a food facility using a third-party food delivery platform to list on its menu the availability of single-use foodware accessories and standard condiments and to only provide those items when requested. The law excludes from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.

Page 2 of 26 ends

City Council Agenda Report
Agenda Item No. 8.a
October 25, 2022
The main provisions of AB 1276 are summarized below:

1. A food facility is required to only provide single-use accessories to consumers upon request;

2. A food facility is required to avoid bundling of single-use accessories or condiments;

3. A food facility is required to only offer those single-use items needed to eat or prevent spillage of the ready-to-eat food at a drive-through as well as in a public use airport.

4. A third-party food delivery platform shall provide consumers with the option to request single-use accessories for ready-to-eat food;

5. A food facility that uses a third-party platform shall customize their menu with a list of available single-use accessories or condiments. Only those items chosen by the consumer will be delivered. If no single-use accessories or condiments are requested none will be provided;

6. Unwrapped, single-use foodware accessories that are self-serve, standard condiments that are self-serve, and/or bulk dispensed condiments may still be used; and

7. The first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300.

Ordinance Adopting State Law by Reference
In order to comply with AB 1276, the City must authorize an enforcement agency to enforce the provisions of this law. Staff propose that this be accomplished through adopting the entire state law (Attachment 1) by reference in the City’s Municipal Code.

In order to adopt the state law by reference the City must follow the specific procedures required under Government Code Section 50022.1, et. seq. Government Code Section 50022.3 requires that, after a first reading of the title of the ordinance, the City Council must set a public hearing.

Government Code Section 50022.4 requires any penalties to be set out in full. The proposed ordinance adopts the entire law by reference, authorizes the City and County to enforce the ordinance, and sets forth in full the penalties for violating the ordinance, establishing that the first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. The master fee schedule has been updated to reflect this new fine (Exhibit A to Attachment 3).

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City Council Agenda Report
Agenda Item No. 8.a
October 25, 2022
Education & Outreach
Education and outreach materials have been shared via direct mail, email blast to the business license distribution list, social media posts, and shared with the Concord Chamber of Commerce.

Analysis
Council could defer action on the proposed ordinance or decline to adopt the ordinance.

However, the City is required by law to designate an enforcement agency for the new requirements.

There should be no additional cost to food facilities; in fact, there maybe savings from reduced costs of single-use foodware and condiments.

Enforcement of this new State law, which is being adopted locally, shall be by the City or County. When the City enforces, it shall be the City Manager, or her designee. The City Manager has indicated that Economic Development staff will address initial and ongoing education to businesses. Enforcement will be designated to the City’s Code Enforcement Unit. This will be an additional duty for this unit. City staff anticipates responding to complaints rather than being proactive on enforcement, given limited staffing.

Environmental Determination
The updates to the City’s Master Fees and Charges Schedule do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15378 because the fiscal activities do not involve a commitment to a specific project, it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the proposed amendments are categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the updates to the City’s Master Fees and Charges Schedule may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

The ordinance does not constitute a “project” within the meaning of CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15378, because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the ordinance does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines

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City Council Agenda Report
Agenda Item No. 8.a
October 25, 2022
Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Financial Impact
AB 1276 imposes a state-mandated local program by creating a new infraction and imposing additional duties on local governing bodies. The City will incur costs for outreach, education, and enforcement of the law, as amended. By adopting an ordinance to enforce Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, the City will be authorized to collect fines allowed under the legislation. Fines begin after the second notice of violation, and include a fine of $25 for each day in violation, but not to exceed an annual total of $300.

Except for any collected fines following the second notice of violation there should be no fiscal impact to food facilities. There is a potential for cost savings to food facilities from not providing single-use foodware or condiments to all customers.

Public Contact
The City Council Agenda was posted.

Attachments

1. Chapter 5.2 of Part 3 of Division 30 of the Public Resources Code

2. Ordinance adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code

3. Resolution Amending Exhibit A to Resolution No. 78-6042 with Exhibit A

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1 PUBLIC RESOURCES CODE – PRC
DIVISION 30. WASTE MANAGEMENT [40000 - 49654]
( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) PART 3. STATE PROGRAMS [42000 - 42999]
( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. )
CHAPTER 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. ) 42270.

For purposes of this chapter, the following definitions apply:
(a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.
(b) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(c) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.
(d) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(e) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which is defined as forks, knives, spoons, and sporks. (2) Chopsticks.
(3) Condiment cups and packets.
(4) Straws.
(5) Stirrers.
(6) Splash sticks.
(7) Cocktail sticks.
(f) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(g) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.
(Amended by Stats. 2021, Ch. 505, Sec. 2. (AB 1276) Effective January 1, 2022.) Attachment 1

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2 42271.

(a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.
(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment. (c) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (e) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.
(2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready- to-eat food.
(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.
(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.
(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.

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3 (i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.
(Amended by Stats. 2021, Ch. 505, Sec. 3. (AB 1276) Effective January 1, 2022.) 42272.

(a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.
(b) The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.
(Added by Stats. 2021, Ch. 505, Sec. 4. (AB 1276) Effective January 1, 2022.) 42273.

This chapter does not apply to any of the following:
(a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
(b) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (c) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(d) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code. (Added by Stats. 2021, Ch. 505, Sec. 5. (AB 1276) Effective January 1, 2022.)

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ORDINANCE NO. 22-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CONCORD ADDING CHAPTER 8.18 (SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS) TO TITLE 8 (HEALTH AND SAFETY) OF THE CONCORD MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 5.2 (COMMENCING WITH SECTION 42270) OF PART 3 OF DIVISION 30 OF THE CALIFORNIA

PUBLIC RESOURCES CODE PROHIBITING A FOOD FACILITY FROM

PROVIDING ANY SINGLE-USE FOODWARE ACCESSORY OR STANDARD

CONDIMENT UNLESS REQUESTED BY CONSUMER AND AUTHORIZING CITY

AND COUNTY ENFORCEMENT AND PENALTIES
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. Findings
a. Governor Gavin Newsom signed Assembly Bill (“AB”) 1276 into law on October 5, 2021, which prohibits a food facility or a third-party food delivery platform from providing single-use food accessories, such as cutlery, straws and condiment packets, to a customer unless requested by the customer.
b. Prior to adoption of AB 1276, state law (AB 1884 (adopted 2018)) prohibited a full- service restaurant from providing single-use plastic straws to customers unless requested by the customer. The state law required the plastic straw regulation to be enforced by the local health and environmental health officers and their agents. c. AB 1276 revised the state law by expanding the scope from full-service restaurants to food facilities, which generally includes all retail food operations; expanded the scope from single-use plastic straws to single-use foodware accessories, which includes utensils, condiments, and straws (but does not include napkins); and revised the enforcement obligation from the local health and environmental health officers (as applicable to the City of Concord, this would be the Contra Costa County health official) to whichever entity cities and counties deem appropriate.
d. AB 1276 is designed to reduce excess packaging and undesired condiments and implements from being given to a customer when eating on premises or taking food to go, and prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the customer from taking only the item desired. AB 1276 does, however, Attachment 2

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2 authorize a food facility to ask a drive-through customer if the customer wants a single-use foodware accessory in specified circumstances.
e. A food facility using a third-party food delivery platform is required to list on its menu the availability of single-use foodware accessories and standard condiments and only provide those items when requested. The law excludes from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.
f. AB 1276 specifies that the first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. g. A city, county, or city and county, on or before June 1, 2022, is required to authorize an enforcement agency to enforce the requirements established under AB 1276. h. In order to comply with the enforcement requirements of AB 1276, the City Council of the City of Concord now wishes to adopt an ordinance adding Chapter 8.18 (Single-use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code adopting by reference of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer, and authorizing City and County enforcement. i. Government Code Section 50022.1, et. seq, sets forth the procedures by which a city may adopt a state law by reference.
j. The City will comply with the procedures set forth in Government Code Section 50022.1, et. seq., including holding a public hearing at the second reading, following notice requirements under Government Code Section 6066, and making available the entire language of the state law to be adopted by reference.

Section 2. CEQA Finding
The proposed Ordinance, adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code does not constitute a

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3 “project” within the meaning of CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15378, because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the ordinance does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Section 3. Amendment of Municipal Code
Chapter 8.18 (Single-Use Foodware Accessories and Condiments) is hereby added to Title 8 (Health and Safety) of the Concord Municipal Code as follows:

Sec. 8.18.010 Adoption by Reference of State Prohibition on Providing Single-Use Foodware Accessories or Standard Condiments.

Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, as written and amended, is adopted by reference in its entirety and incorporated herein. The provisions of this chapter shall be enforced by the City of Concord, and may be enforced by the County of Contra Costa.

Sec. 8.18.020 Enforcement
a) The City Manager or the City Manager’s designee has primary responsibility for the enforcement of this chapter. The City Manager or the City Manager’s designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food facility during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a food facility as part of their regular inspection functions and reporting any alleged violations to the City Manager or the City Manager’s designee.
b) The County of Contra Costa and its agents are authorized to take any and all actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating

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4 violations, issuing fines, and entering the premises of any food facility during business hours.

Sec. 8.18.030 Penalties
Pursuant to Public Resources Code Section 42272(b) as adopted by reference and incorporated herein, the first and second violations of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

Section 4. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 5. Effective Date
Pursuant to Government Code Section 50022.3, notice of the Council meeting at which this Ordinance is scheduled to be adopted shall be published pursuant to Government Code Section 6066 in a newspaper of general circulation in or nearest to the City. Prior to the public hearing, the City Clerk shall publish notice of the hearing once a week for two successive weeks, with at least five days intervening between the publication dates, not counting such publication dates. The notice shall state the time and place of the hearing, and include a description of the purpose and subject matter of the ordinance. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day. A copy of this Ordinance and a copy of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, being considered for adoption by reference, are on file with the City Clerk, and are open to public inspection, and the public notice shall state the same. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish a summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance, and Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, along with the names of those City Councilmembers voting for

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5 and against this Ordinance or otherwise voting. This Ordinance shall become effective 30 days after its adoption.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on October 25, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on November 8, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk

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Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Amending Exhibit A to Resolution No.
78-6042 (Establishing Fees and Charges for Various
Municipal Services in the City of Concord) Resolution No. 22-XX /
WHEREAS, the City Council provides a variety of municipal services; and WHEREAS, the City Council adopted Resolution No. 78-6042 on October 9, 1978, establishing a master resolution within which various municipal fees and charges would be located; and
WHEREAS, amendments to Exhibit “A” to Resolution No. 78-6042 are necessary to establish or delete various fees; and
WHEREAS, the Director of Finance has recommended that the City Council approve an amendment to certain fees which are currently set forth in Exhibit “A” to this Resolution No. 22-XX; and
WHEREAS, the City Council, at its meeting of October 11, 2022, received a report from the Administrative Service Manager identifying the need for such changes; and WHEREAS, the City Council held public hearing on October 11, 2022, at which time any and all members of the public were afforded an opportunity to address the City Council regarding this matter; and
WHEREAS, upon close of the public hearings the City Council deliberated upon the information received during the course of the public hearings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the updates to the City’s Master Fees and Charges Schedule do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines. Sections Attachment 3

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Res No. 22-XX 2
15060(c)(2), 15060(c)(3), and/or 15378 because the fiscal activities do not involve a commitment to a specific project, it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the proposed amendments are categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the updates to the City’s Master Fees and Charges Schedule may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Section 2. Exhibit “A” to Resolution No. 78-6042 is amended as recommended.

Section 3. The fees established by this resolution shall become effective October 25, 2022 as indicated in Exhibit “A”.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on October 25, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on October 25, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A - Amendments to Fees and Charges for Various Municipal Services

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Exhibit A. Resolution 78-6042
Fees and Charges for Various Municipal Services
A. Administrative Fees
Date of Last Adoption:10‐11‐2022
Res. No: 22‐XX
Num Description Current Fee Deposit Date last
updated

17.3. Copy of Existing Data File (provided on a flash drive) 40.00 7/1/2021 Requests for multiple copies will be referred to local vendor(s) equipped to provide such services. Actual costs . 7/1/1999

18. Electric Charging Station

18.1. Hourly fee 1.75/hr. 11/18/2014
19 Single-Use Foodware Accessories and Condiments Violation

19.1 Each day in violation ($300 maximum/year) $25 10/11/2022

20. Rent Registry Program Fee and Penalties
For management and administration of Rent Registry Program.

Properties with four or more rental units

5.25/unit
annually 7/1/2021

20.1 Past Due Receivables:

20.2 A late charge for past due receivables (per month) (of amount due) 3% 7/1/2021

20.3 Cost of collections efforts Actual Costs 7/1/2021

20.4 Penalties (per unit)

20.4.1 Infractions (per unit)

20.4.1.2 First issuance in 12 months 100.00

20.4.1.3 Second issuance in 12 months 200.00 7/1/2021

20.4.1.4 Third and subsequent issuance in 12 months 500.00 7/1/2021

20.4.2 Misdemeanors (per unit) 7/1/2021

20.4.2.1 First issuance in 12 months 100.00

20.4.2.2 Second issuance in 12 months 500.00 7/1/2021

20.4.2.3 Third and subsequent issuance in 12 months 1,000.00 7/1/2021 Exhibit A

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From: Barone, Valerie <[email protected]> Sent: Tuesday, October 25, 2022 9:16 AM
To: Blythe, Craig <[email protected]>; Fockler, Joelle <[email protected]>; Ananthan, Stefanie <[email protected]>; Tarbox, William <[email protected]>; Ezell, Justin <[email protected]>; McAuley, Wendy <[email protected]>; Bjerke, Guy <[email protected]> Subject: RE: Question about 8a: Need to request cutlery and sauces

This e-mail is being shared with all Councilmembers

The law took effect January 1, 2022.

So businesses are subject to the law now—i.e., they can’t just include cutlery and sauces in takeout/takeaway orders without being asked by the customer.

However, Concord won’t have the enforcement tool in place until 30-days after second reading, or November 22
nd.

Concord’s goal is to use education, not enforcement, as our main tool for compliance.

Valerie

Valerie Barone, City Manager
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 |  valerie.barone@cityo fconcord.org
1950 Parkside Drive, MS/01, Concord, CA 94519

From: McGallian, Tim <[email protected]>
Sent: Tuesday, October 25, 2022 8:59 AM
To: Barone, Valerie <[email protected]>
Subject: Question about 8a

Valerie,

On item 8a, what is the date that this would take effect in Concord and start the enforcement. It looks like this has been in place since Oct 5, 2021, but not yet enforceable until we pass this ordinance.

Thank you ,

Benched Correspondence
Agenda Item No. 8.a
October 25, 2022

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Tim McGallian, Councilmember
City of Concord | Website: www.cityofconcord.org
 (925) 408-5349 |  [email protected]
1950 Parkside Drive, Concord, CA 94519

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Adopting AB 1276 by
Ordinance

CRAIG BLYTHE, ADMINISTRATIVE AND FLEET

SERVICES MANAGER
OCTOBER 25, 2022
1

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Background
•State Mandated
•Requires r estaurants and businesses to only offer disposable foodware accessories and condiments upon request.
•Reduce the amount of waste created from single -use food items. •Signed into l aw by Governor Newsom in October 2021.
•Requires City t o authorize an enforcement agency.
•Introduce Ordinance adding Chapter 8.18, Single-Us e Foodware Accessories and Condiments
2

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New
Definitions
“Single-u se foodware accessory ”- all of the following single-use items provided alongside ready-to-eat food:

1. Utensils, which is defined as forks, knives, spoons, and sporks

2. Chopsticks

3. Condiment cups and packets

4. Straws

5. Stirrers

6. Splash sticks

7. Cocktail sticks
“Standard Condiment” = relishes, spices, sauces, confections, or seasoning that require no additional preparation and that are us
ually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt pepper, sugar, and sugar substitutes.

According to the Public
Resource Code Chapter

5.2 Single-Use
Foodware Accessories
and Condiments Sec. 2.
42270:
3

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For Retail Food Industry
•Examples of requirements for retail food i ndustry:
• Only p rovide single -use accessories to consumers upon request • No b undling of single -use accessories or condiments • A t hird- party delivery platform add option to request. • A food f acility shall customize their menu with a list of available single -use accessories or condiment. • Self-ser ve accessories and/or bulk dispensed condiments may still be used •Does not include: Correctional institutions, Licensed health care facilities, Residential care facilities, or Public and private school cafeterias
4

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Enforcement
•Reporting violations: Concord Connect or through Code
En
forcement
•Code Enforcement authorized enforcement agency
•Fi rst and second violations results in a notice of violation. Any additional violation carries a $25 fine for each day in violation not to exceed $300 annually
5

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Education and Outreach
•Economic Development staff will address initial and ongoing education to b usinesses • Business license community
• Chamber of Commerce
• Todos Santos Business Association
•Mt. Diablo Resource Recovery (MDRR)
• Bill inserts
• Commercial newsletter
•Updated City of Concord website to include resources
•City s taff anticipates responding to complaints rather than being proactive on enforcement, given limited staffing
6

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Next Steps
•Adopt ordinance b y reading of the title only and waiving further reading (eff. in 30 days)
•Adopt resolution a mending Exhibit A to Resolution No. 78- 6042 establishing fees and charges for various municipal services in the City of Concord.
7

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Questions?
8

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Report on California Cannabis Control Session
Oct 12-13, 2022
Sacramento
Report by Councilmember Edi Birsan
Attending on behalf of the City of Concord, I was one of about 150 officials and staff from across the state to participate in reviews of Regulations, Codes, Enforcement and issues around the Cannabis Industry.

Factoids presented:
60% of California Jurisdictions (County/Cities) do not permit Cannabis retail.

Market size: $3.5 Billion in Legal market, $8 Billion in illegal market Cannabis sales are 20% greater than alcohol in California Oklahoma has more dispensaries and licenses than California (As of June 1st 2,264 dispensaries 9,000 growers and about 10% of the population has ‘medical’ cannabis use licenses. (https://mjbizdaily.com/why-red-oklahoma-is-home-to-a-booming-medical-marijuana-market/) The Department of California Cannabis Control has been recently reorganized to replace a tri- department effort at dealing with the industry.

Cassandra DiBenedetto -Outreach
Tabatha Chavez -Compliance
Christina Dempsey - Policy and Regulations
There is development on certified machine analysis to measure odor, but is not ready for prime time.

Taxation
One of the gaps in taxation is deliveries from out of an area into a tax area. This is expected to be tracked from January 2023.

There was a robust discussion about the industry being overtaxed. It was also pointed out that it is believed that 30% of the legal operations maintain illegal connections.

One point was made that in the illegal operations of grow that they are operating on free land, water, supplies etc.

Taxes have been reset to focus on the retail side and not just starting with Cultivation.

Statewide tax income is falling currently projected to be 13% lower than the 1.317 Billion in last year.

Cartels
Major operations are now underway by Chinese, Russian as well as Mexican cartels.

10.a

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Not only is the use of public land, water etc. but they are also involved in human work trafficking and the entire range of non-compliance with everything from permits to environmental and employment regulations.

Police/Crime
Best line in the discussion was from a Police Chief: “The police are the protector of the legal cannabis business.” Great frustration up and down the state with what is felt are lack of follow up through the courts.

Desert Hot Springs reported a 31% DROP in crime when they opened their facilities which now include on site consumption.

Enforcement
Successful stories relate to municipalities using a total organizational push on targets with, police, housing inspectors, code enforcement, EPA, Fire Department, Health department acting in unison.

Success story in Chula Vista where there were 80 illegal retail operations, for 30 days their PD etc. totally concentrated on the shops including disruptive search warrants sometimes twice a day. Key was also criminal search warrants combined with everything else.

City of Sacramento had a problem with residential grows and started with administrative penalties, but fines were set at weak points that allowed offenders to simply pay off the fines to keep operating. Shifting to fines of $500 to $1000 per PLANT rather than per day were highlighted as helping.

Illegal grows in the forests are still a major problem even though record numbers of plants have been sized.

AB195 adds an enforcement tool in allowing the person involved in the corporate ownership structure to be made personally responsible for the tax.

Normal unannounced audits of legal facilities, while supported it was recommended that it not be done with uniform police so as to not spook the customers or the staff.

CHP recommends that police forces be trained in Impaired Driving Detection.

They stated that the standard is about 8 hours training.

They recommend the following:
100% of police force to have SFST 24 hours “Standard Field Sobriety Training” 50% to have ARIDE “Advanced Roadside Impaired Driving Enforcement” which is a 16 hour program
10% to have DRE Drug Recognition Expert training which is a 72 hour program There is a grant program “Cannabis Tax Fund Grant Program” which can pay for DRE training, labs, enforcement aspects. Phone 916 843-4360 or through CHPCA.Gov

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Entrance Barriers
In California the entrance cost is very high, complex and time consuming. Some places there has been several years to get things approved. It should be noted that in Concord it took almost a year to get started after the decision was made and then when the licenses were agreed upon building permits and actual opening was over a year. (example: Oklahoma has a $2,500 application fee.

Caps/Lottery
If there is a limit on the number of facilities it was strongly urged not to use a lottery system.

One municipally that tried lotteries ran into a serious legal entanglement relative to the appeals, transparency*(?) and other aspects. Simpler was to have Council pick and then from a legal point of view in effect blame them.

Selection methods were discussed: West Hollywood when opened had 350 applications. The City Manager appointed 5 individuals who were paid $175 an hour and each evaluated the applications on different scales independently and submitted a report. The individuals made upwards of $40,000 each. However, when backtracking the rate to the time spent, it came of about 37 minutes each applicant.

Zoning- Geography
Major city (possibly San Jose) has changed from placement of Dispensaries in industrial areas to high foot traffic commercial areas.

There were several examples of trying to use a 1000’ buffer from ‘sensitive’ areas as just an excuse to eliminate the possibility of placement. There were no reports of increase crime where there were dispensaries in commercial areas.

When asked where should the dispensaries and on site consumption be located the answer was “where you would be a wine bar.”
Federal Action
While it is hoped that the removal of Schedule 1 drug status and banking laws will help the industry, it may be bad for California as states such as Oklahoma and Michigan where background costs and entry are so much lower that with interstate commerce freed up then the California growers may be hurt.

Economist report
Classic economic viewpoint was expressed by Professor that caps are counterproductive as it preserves the low performance operators by giving them safe market share and prevents the market from functioning. It was also stated that caps on facility quantity supports corruption in government. The economist also said that the illegal market will always be there since they are not dealing with any restrictions from government in any aspect of their business.

Social Equity
The issue of ‘equity’ was discussed principally with the focus of those that were imprisoned for cannabis legal interfaces. An emphasis was repeatedly mentioned of minorities of “Black and Brown” people being affected by the War on Drugs. Various places reported on some of the

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aspects of help such that San Francisco provides 10 hours of legal aid free for applicants. Some locations put priority on facilities run by minorities. One of the problems is where it is required to have a former convict or family thereof associated with getting the license permit is to what degree they are involved in the business other than as a figure head to check off a box in the application?

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From: D'Marco Anthony <[email protected]>
Sent: Tuesday, October 25, 2022 10:21 AM
To: City Clerk <[email protected]>
Subject: Re: Public comment

Sorry, I forgot to put 10a in the subject. That email was for 10a, NOT general public comment.

-D'Marco J. Anthony

On Tuesday, October 25, 2022, 10:14:50 AM PDT, D'Marco Anthony <[email protected]> wrote:

Did the California Cannabis Control Session cover the issue of preemption? Just wanted to reiterate that federal law trumps local and state law.

Thank you,
-D'Marco J. Anthony

Benched Correspondence
Agenda Item No. 10a
October 25, 2022

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Concord City CouncilOctober 25, 2022

Concord City Council
October 25, 2022