MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
December 20, 2021
City Council Meeting Minutes Page 1 December 20, 2021
Mayor Michael Harris called a Regular Meeting of the City Council to order at 7:00 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the outdoor bulletin board at the above address on December 16, 2021 by Deputy City Clerk Juanita Davalos.
2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present
3. PRESENTATIONS
None
4. CITY MANAGER COMMENTS
June Catalano, City Manager reported that:
Heavy rain is expected and Maintenance staff is prepared; The Gregory Gardens Storm Drain Project, funded by the American Rescue Plan Act (ARPA), is out to public bid with the bid opening scheduled for January 5, 2022, work is expected from February 2022 to May 2022, and once the project is completed, the new storm drain system should alleviate localized flooding after heavy rains; and A (virtual) Library Town Hall meeting is scheduled for January 13, 2022.
Councilmember Rinn thanked and complimented staff for preparing and maintaining the sandbag stations for the recent storm.
5. COUNCIL ANNOUNCEMENTS AND REPORTS
5.1. Reports from Councilmembers on Meetings or Conferences Attended at City Expense
None
5.2. Announcements from Councilmembers
Councilmember Carlson reported that as part of the John Muir Community Health Fund (JMCH Fund), on December 7
th
, Senator Glazier named La Clinica de la Raza in Concord as non-profit of the year for Senate District 7. He explained La Clinica is a federally qualified healthcare provider which increased its community services and resources during the pandemic. Councilmember Carlson also reported attending the graduation of the fifth cohort of the Healthcare Career Pathways CNA (certified nursing assistant) Program, a statewide program for which the Governor City Council Meeting Minutes Page 2 December 20, 2021
approved funding to bring the program to five counties across the state. He also reported that he chaired his last meeting on the JMCH Fund Board and expressed the privilege it was to serve.
Mayor Harris thanked Councilmember Carlson for his tenure on the Board and thanked Councilmember Rinn for continuing to serve on the Board.
Councilmember Rinn congratulated Councilmember Carlson on his eight years with the JMCH Fund and all of the accomplishments during that time. He also reported that he serves on the Marin Clean Energy (MCE) Board and that with reduced flow rates from the drought, they are not able to generate as much hydropower as resources are stretched, but with the rains, reservoirs should rise and flow rates should increase. Councilmember Rinn noted he should have an update in the spring.
Councilmember Noack reported she attended the Sonesta Hotel ribbon cutting and she and Councilmember Carlson attended Choice in Aging’s fundraising campaign for their new wraparound services campus.
Councilmember Carlson reported he attended the College Park winter art showcase fundraiser.
Mayor Harris reported he attended the Sonesta Hotel ribbon cutting, Chamber of Commerce mixer, and a virtual lunch for the Food Bank of Contra Costa and Sonoma Counties. He noted that food deprivation is a major issue, especially now.
6. PUBLIC COMMENT
Mayor Harris opened public comment.
There was no public comment.
Mayor Harris closed public comment.
Janet Coleson, City Attorney, reported that the Council held a closed session prior to the regular meeting on National Prescription Opiate Litigation Case NO. 1:17-CV-2804, United States District Court, Central District of California and voted 5-0 to opt into the proposed settlement.
7. CONSENT CALENDAR
Motion (Rinn/Flaherty) to Approve all consent items, carried as follows:
7.1 Approve Minutes for the Regular City Council Meeting of December 6, 2021
7.2 Approve Checks Dated: December 3, 2021; December 10, 2021
7.3 Adopt Resolution No. 75-21 Accepting Bid and Awarding the Construction Contract for the 2021 Signage and Striping Project No. 04-21, and Authorizing the City Manager to Execute a Construction Contract with Chrisp Company City Council Meeting Minutes Page 3 December 20, 2021
7.4 Adopt Resolution No. 76-21 Authorizing the City Manager to Execute a Second Amendment to the Professional Services Agreement with Traffic Patterns for On Call Traffic Engineering Services
7.5 Adopt Resolution No. 77- 21 Authorizing Signatures for Withdrawal of City Funds and Rescinding Resolution No. 01-21
7.6 Affirm Resolution No. 63-21 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361
8. ADMINISTRATION AND FINANCE
8.1 Allow Public Testimony on the Proposed Renewal of the Pleasant Hill Tourism Improvement District, and Consider Consensus on the Formation of the Stay Pleasant Hill Nonprofit Corporation and City/Stay Pleasant Hill Owner’s Association Agreement
Zach Seal, Economic Development Manager, explained that the item is a follow-up to the December 6, 2021 City Council meeting when the City Council approved the resolution of intent to renew the Pleasant Hill Tourism Improvement District (TID). He noted the resolution was amended by the Council to reflect a five-year term instead of a ten-year term as shown in the agenda packet and described the next steps.
Mr. Seal introduced J.C. Medina, Chair of the Pleasant Hill TID Committee and General Manager of the Residence Inn by Marriott, as well as Viola Ncube, whom he noted would provide a presentation.
Mr. Medina thanked the City Council, briefly described the benefit of the TID to hotels and businesses, and introduced Viola Ncube, TID Marketing Director, who provided a detailed presentation on sales and marketing.
Mayor Harris opened public comment.
There was no public comment.
Mayor Harris closed public comment.
Councilmember Noack thanked Ms. Ncube for her presentation, commented on the contract between the City and the nonprofit entity, and asked for clarification on the included audit language before the next meeting.
Councilmember Carlson expressed his appreciation of the information provided, and noted that he wants TID funds to pay for the audit and that he wants it to be clear who is responsible for what in the agreement.
Mayor Harris thanked Mr. Seal, Mr. Medina, and Ms. Ncube for their hard work and clarified that the next step in the process will take place at the January 24, 2022 Council meeting.
City Council Meeting Minutes Page 4 December 20, 2021
9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT
9.1. Introduce Ordinance No. ___ Amending Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices”) of the Pleasant Hill Municipal Code to Prohibit the Sale of Flavored Tobacco Products and Electronic Smoking Devices
Janet Coleson, City Attorney, invited Martin de los Angeles, Best Best & Krieger, into the meeting, and reminded the City Council that staff received direction at the last meeting to bring forward an ordinance patterned off of the City of Walnut Creek’s ordinance. She noted the various actions available to the Council and noted that Vice Mayor Flaherty requested a device demonstration.
Chief Bryan Hill confirmed the City’s School Resource Office can provide a demonstration of devices and a presentation on their use at the next City Council meeting.
Ms. Coleson noted staff’s request for direction from the Council regarding business outreach.
Mayor Harris opened public comment.
Mayor Harris reported that the City Council received written public comment on the item from the following:
Ari Berlfein, California Fuel and Convenience Alliance; Rima Khoury, Fumari; and
Amritpal Hayer, American Petroleum and Convenience Store Association.
Ken Housfeld, Pleasant Hill, explained that he started the Relay for Life fundraising event for the American Cancer Society 13 years ago, described the fundraiser and goals of the American Cancer Society, and encouraged the City Council to adopt an ordinance to protect its citizenry like the City of Walnut Creek and the Contra Costa County Board of Supervisors.
Eileen Housfeld, Pleasant Hill, noted she wanted to underscore Mr. Housfeld’s message. She also commented on the unhealthy temptations young people face and on tobacco products being attractive to the younger generations but bad for their health; noted the American Cancer Society is working to prevent cancer; and commented and that keeping tobacco access away from young people is a way to prevent cancer.
Claudia (no last name provided) commented that addressing the youth vaping epidemic should not lead a local government to overextend and prohibit the sale of all other flavored tobacco products.
She stated that the City should not be spending time or tax-payer money on a ban as California voters will vote in November 2022 on the statewide bill and that the City should wait until the election occurs. She cited statistics on the use of flavored tobacco products and noted that a ban will shift sales to the black market and other cities.
Mayor Harris closed public comment.
City Council Meeting Minutes Page 5 December 20, 2021
Mayor Harris reported that a number of the written comments received were regarding hookah use and asked for confirmation that the ordinance as currently written does not ban hookahs.
Mr. de los Angeles confirmed the exemption for adult-only hookah businesses with valid City business licenses and described what is considered a hookah business.
Councilmembers asked about the revenue generated from hookah sales, disagreed with the public comment about high school student use being at an all-time low in Pleasant Hill, suggested a delay in the ordinance’s effective date to allow for education with businesses, and questioned whether the proposed ordinance is duplicative of pending state legislation.
Mr. de los Angeles explained what Senate Bill 793 (SB 793) includes and exempts, and explained that while there is some overlap in the proposed ordinance and SB 793, both state and federal laws specifically state that cities are not prohibited from imposing more stringent regulations. He noted that consistent with the County and Walnut Creek, the proposed ordinance is broader and covers all flavored tobacco products and smoking devices that go beyond federal law, including tank systems.
In response to questions from Vice Mayor Flaherty, Mr. de los Angeles confirmed that the proposed ordinance bans the sale of cartridges that contain non-flavored tobacco as well, but does not ban the delivery of products from other areas.
Ms. Coleson confirmed for Vice Mayor Flaherty that like the City’s cannabis ordinance, the proposed ordinance would apply to brick and mortar stores, not delivery businesses.
Vice Mayor Flaherty commented about the focus being on health and safety education, suggested a presentation would be appropriate before considering an ordinance, and questioned whether there should be a ban on all tobacco use.
In support of Vice Mayor Flaherty’s suggestion, Councilmember Noack reported she attended a presentation at the high school and that it was educational and worthwhile. She commented on students’ ability to hide and disguise vaping paraphernalia.
Councilmember Carlson noted revenue loss to the City should not be the driver or focus, commented on the cost to the healthcare system treating the results of smoking, and expressed his desire to understand hookah use from a cultural standpoint.
Councilmember Rinn agreed that a presentation would be helpful.
Mayor Harris asked for a presentation and introduction of a proposed ordinance in January, noted the City’s historical actions on health and safety issues preceding State legislation, and welcomed the public and organizations to provide statistical information showing the health benefits of vaping and its effect on reducing smoking at the next meeting.
The Council gave direction to staff to bring a proposed ordinance exempting tobacco pipes, cigars, and hookahs and clarifying the definition of flavored products back for consideration in January City Council Meeting Minutes Page 6 December 20, 2021
with a presentation from the Police Department on the products and devices. The Council also gave direction to staff to conduct community business outreach prior to introduction of the ordinance.
10. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:42 PM to the next regular meeting on Monday, January 10, 2022.
DANIELLE K. HABR, CITY CLERK