MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
January 24, 2022
City Council Meeting Minutes Page 1 January 24,
2022 , 2020
Mayor 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 City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on January 20, 2022, by Deputy City Clerk Juanita Davalos.
1. CALL TO ORDER
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
3.1 Annual Report on the Activities of the Commission on Aging by Commission Chair Quy Tran
Quy Tran, Chairperson, Pleasant Hill Commission on Aging, acknowledged Commission members. Dr. Tran reported that the Commission met its mission objectives and had a successful 2021. He described the changing demographics in Pleasant Hill and said that seniors preferred to age in place. Dr. Tran reported on the activities and events organized by the Commission, and provided statistics on the Senior Van usage.
Mayor Harris thanked Dr. Tran and the Commissioners for their accomplishments.
Councilmember Noack thanked the Commission for creating Zoom events for the seniors.
4. CITY MANAGER COMMENTS:
June Catalano, City Manager, reported that:
A free COVID-19 booster shot clinic for the community will be held on Wednesday, January 26, 2022 at the Pleasant Hill Community Center, and the Senior Van Service will be offering rides to the clinic.
Ms. Catalano introduced Erick Cheung as the City’s new Finance Manager. Mr. Cheung provided brief remarks regarding his professional background. Councilmember Noack commented that she worked with Mr. Cheung on the County Connection, and is pleased to have him join the City staff.
City Council Meeting Minutes Page 2 January 24, 2022
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 Noack reported her participation at the (virtual) Library Town Hall meeting and said that the meeting is archived for the community to view. She announced that the (virtual) General Plan Advisory Committee meeting will be held on January 26, 2022 from 6:30 p.m. to 8:30 p.m.
Councilmember Carlson reported his participation at the (virtual) Community Conversation on LGBTQ issues and thanked the Civic Action Commission Diversity Subcommittee for hosting the event.
Mayor Harris reported his participation at the Library Town Hall meeting and at the Community Conversation on LGBTQ issues.
Mayor Harris commented on the recent passing of Bill Carlson, Councilmember Carlson’s father.
6. PUBLIC COMMENT
Mayor Harris opened public comment.
Andrew (no last name given) said that he is calling on behalf of three stores regarding the tobacco ban.
Mayor Harris invited him to call back when agenda item 9.2 will be heard.
Mayor Harris closed public comment.
7. CONSENT CALENDAR
Motion (Noack/Rinn) to Approve all consent items, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
7.1 Approve Minutes for the Regular City Council Meeting of January 10, 2022
7.2 Approve Checks Dated: January 7, 2022; January 14, 2022
7.3 Approve Appointment Recommendations to the Commission on Aging
7.4 Adopt Resolution No. 3-22 Accepting AB 1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2021
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7.5 Adopt Resolution No. 4-22 Awarding the Construction Contract for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 and Authorizing the City Manager to Execute a Construction Contract with Kerex Engineering, Inc.
7.6 Adopt Resolution No. 5-22 Authorizing the City Manager to Execute a Professional Services Agreement with Pakpour Consulting Group, Inc., for Inspection Services for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21
7.7 Adopt Resolution No. 6-22 Authorizing the Submittal of a Grant Application for the FY 2021-2022 SB1383 Local Assistance Grant Program
8. ADMINISTRATION AND FINANCE
8.1 Public Hearing and Adopt Resolution No. 7-22 Declaring Results of Majority Protest Proceedings and Renewing the Pleasant Hill Tourism Improvement District
Zach Seal, Economic Development Manager introduced item 8.1. to renew the Pleasant Hill Tourism Improvement District (PHTID) for an additional five years.
Councilmember Noack reported that she is working with Janet Coleson, City Attorney, on some revisions to the Owners’ Association Agreement between the City and Stay Pleasant Hill for the City Council’s consideration.
Mayor Harris opened public comment.
There was no public comment.
Mayor Harris closed public comment.
Councilmember Noack said that the revisions would include that the City would receive audited financial statements on an annual basis and the right to inspect the books and records.
Councilmember Rinn asked about the removal of the deadline. Ms. Coleson responded that the deadline was removed in error.
Councilmember Noack asked about the timeline to form the new management company. Mr. Seal said that Stay Pleasant Hill will be formed as soon as the State approves the Articles of Incorporation. Mr. Seal noted that the Owners’ Association Agreement will be brought back for approval by the City Council.
Motion (Noack/Rinn) to Approve item 8.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
8.2 Update on Pleasant Hill Crime Statistics by Chief of Police Bryan Hill City Council Meeting Minutes Page 4 January 24, 2022
Chief Bryan Hill, Pleasant Hill Police Department, presented an overview of the 2021 crime statistics in Pleasant Hill. Chief Hill said that the overview is not in lieu of police department’s annual update. He reported that Part 1 crimes, which include property crimes, outpaced violent crimes. Chief Hill said that property crimes decreased in 2021 compared to 2020, and was trending lower over a ten-year period.
Chief Hill reported that there were 60 violent crime incidents in 2021. He noted an overall decrease in violent crimes compared to 2020 and violent crimes trending lower over a ten-year period. Chief Hill commented that the Pleasant Hill Police Department is trying to share as much information to the community as frequently as possible. He said that the department’s website has information regarding calls for service and crime reporting.
Mayor Harris asked about causes for crime reduction in 2021. Chief Hill said that the reduction was due to increased staffing and increased use of technology.
Mayor Harris thanked Chief Hill and members of the police department.
Councilmember Rinn asked about the categorization of stolen vehicles, which was answered by Chief Hill. Chief Hill reported that the large majority of crimes are committed by people from outside of the community.
Councilmember Noack thanked Chief Hill and the police department’s social media group for keeping the public aware of the police department’s activities.
Councilmember Carlson thanked the police department for their hard work, especially during the pandemic.
9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT
9.1 Public Hearing and Adopt Resolution No.8-22 Approving a Development Plan Permit, Use Permit, Minor Subdivision and Architectural Review Permit (PLN 21- 0294) for the 490 Golf Club Road Project (Choice in Aging – Adult Day Care, Choice in Learning – Child Day Care, and Satellite Affordable Housing Association – 81 Unit Affordable Senior Housing) at 490 Golf Club Road (Assessor Parcel Number 153-030-004)
Troy Fujimoto, City Planner, explained the different permits involved in the project. Mr. Fujimoto provided an overview of the project background and description. He showed aerial photos of the existing conditions, and of the proposed site, landscape, and open space plans. Mr. Fujimoto also showed slides on the proposed buildings and their projected elevations. He summarized the recommendations and conditions from the Architectural Review Commission (ARC) and the Planning Commission (PC).
Vice Mayor Flaherty asked about Open Space Plan the grey area. Mr. Fujimoto responded that the grey area is the future footprint of the medical clinic and assisted living building, which will be City Council Meeting Minutes Page 5 January 24, 2022
built as a later project. Mr. Fujimoto said that the project’s final phase would need to be approved by the City Council.
Marge Cortes, Choice in Aging, Senior Project Manager, introduced Debbie Toth, CEO of Choice in Aging, and the project team members.
Ms. Toth introduced the Aging in Place Campus and said the goal is to create an environment that would support the entire person. Ms. Toth provided the background on Choice in Aging. She discussed the challenges of aging and the need to incorporate joy.
Soo Im, Perkins Eastman, Architect, expounded on the “Aesthetics of Joy” and the need to combat the stigma of aging. Ms. Im showed the site context and adjacencies, and the Aging in Place campus plan and site massing.
Willa Caughey, Bay Tree Design, described the proposed landscape plan and fencing.
Councilmember Noack asked about the parking logistics for Choice in Learning. Ms. Im said that drivers would form a queue and drop off their children without having to park. Ms. Toth expounded on how the drop off system would work.
Councilmember Rinn commented that the drop off procedure at another school was efficient.
Mayor Harris opened public comment.
Ken Housfeld, Pleasant Hill, expressed his support for the project and thanked Ms. Toth and her team.
Mayor Harris closed public comment.
Councilmember Carlson said he was impressed with the quality of the design and that he is excited about the project.
Mayor Harris thanked staff, Ms. Toth, and her team for the presentation. He said that the campus will be a major asset for the community.
Motion (Noack/Carlson) to Approve item 9.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
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9.2 Public Hearing and Introduce Ordinance No. ___ Amending Chapter 9.45 of the Pleasant Hill Municipal Code to Prohibit the Sale of Flavored Tobacco Products and Electronic Smoking Devices
Janet Coleson, City Attorney, summarized the changes made to the ordinance requested by the Councilmembers at the last City Council meeting.
Chief Bryan Hill, Pleasant Hill Police Department, introduced Officer Brett Botelho to deliver the presentation on vaping devices.
Officer Botelho discussed the popularity of using tobacco and nicotine items, and electronic smoking devices. He listed the common products on the market and explained how they are consumed. Officer Botelho commented on the marketing of flavored tobacco products to youth and cited the statistics of usage by young people. Officer Botelho provided a definition of Electronic Smoking Devices and showed the different styles available to consumers. He also explained how tobacco prevention education is presented and the consequences for offences.
Vice Mayor Flaherty asked where the teenagers are getting the devices and if any studies show that banning the products would result in a decrease in usage. Officer Botelho responded that the devices are mostly being provided by older siblings. He said that he is not aware of any studies regarding usage and banning the products.
Mayor Harris opened public comment.
Mayor Harris reported that the City Council received written public comment on the item from the following:
The American Petroleum and Convenience Store Association; Lauren Powers; and
Kain Nabhi
The following members of the public called in to comment on the item:
Rina S. Khoury, General Counsel for Fumari
Ken Housfeld, Pleasant Hill
Andrew (no last name given), on behalf of three Pleasant Hill smoke shops Jaime Rojas, Jr., National Association of Tobacco Outlets Nolan Spence, San Diego
Niamh
George Johnson, Hookah pip manufacturer
Eileen Housfeld, Pleasant Hill
Mark (no last name given), Pleasant Hill store owner
Mayor Harris closed public comment.
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Martin de los Angeles, Best Best & Krieger, summarized the changes to the ordinance for the City Council’s consideration.
Councilmember Carlson and Mr. de los Angeles discussed impact of ordinance versus state and federal laws.
Councilmember Noack asked about hookah usage in the City ordinance and Mr. de los Angeles said that there is no restriction on hookah businesses.
Vice Mayor Flaherty asked about outreach efforts to local businesses that sell tobacco and vaping products. He also asked about the enforcement provisions in place. Vice Mayor Flaherty reported that he spoke with Jaime Rojas about the studies that Mr. Rojas referenced in his public comment.
Ms. Coleson said that illegal sales of tobacco and vaping products are considered municipal code violations and would be subject to administrative penalties.
Mr. Seal responded that businesses that sell predominately or exclusively flavored tobacco or vaping products were contacted the week before the meeting.
Councilmember Noack reported that sting operations showed that tobacco and vaping products were sold to underage buyers, which was confirmed by Chief Hill.
Vice Mayor Flaherty expressed supporting enforcement of flavored tobacco products, but he expressed concern about banning all vaping devices. He also expressed concern that imposing a ban on local retailers would create a financial hardship. Vice Mayor Flaherty recommended that the retailers should have the opportunity to sell off their products and allow them until January 2023 to change business plans
.
Councilmember Noack said that she first supported the vaping store since it was supposed to aid in smoking cessation. She noted that vaping usage has increased in high schools and has moved into the middle schools. Councilmember Noack said that she is fine with extending the deadline to January 2023.
Mayor Harris expressed his agreement with Councilmember Noack.
Vice Mayor Flaherty expressed his concern over the lack of enforcement and suggested that the City Council consider stronger enforcement possibilities. Ms. Coleson commented that the violations will be treated as any other violation of the Municipal Code.
Councilmember Noack made a motion to approve item 9.2 with the extended timeframe of January 2023.
Motion (Noack/Carlson) to Approve item 9.2, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
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10. ADJOURNMENT
Mayor Harris adjourned the meeting in memory of Bill Carlson at 9:43 P.M. The next regular meeting will be held on Monday, February 7, 2022, beginning at 7:00 PM.
CAROL W. WU, CITY CLERK RECORDER