MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
February 7, 2022
City Council Meeting Minutes Page 1 February 7, 2022
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 revised meeting agenda was posted on the outdoor bulletin board at the above address on February 4, 2022 by City Clerk Danielle Habr.
2. ROLL CALL
Attendee Name Title Status
Michael G. 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 Proclamation Designating the Month of February as Black History Month Mayor Harris read and presented the proclamation to Lloyd Schine, Chair of the Civic Action Commission Diversity Subcommittee. Commissioner Schine expressed his appreciation to the City on behalf of the Commission. He made brief remarks, including noting the 2022 Black History Month theme of Black health and wellness.
3.2 Introduction of New Commission on Aging Commissioners Belinda Danielson and Michael MacDonald
Vice Mayor Flaherty introduced new Commission on Aging Commissioners Belinda Danielson and Michael MacDonald.
Commissioner Danielson and Commissioner MacDonald introduced themselves and thanked the Council for the opportunity.
4. CITY MANAGER COMMENTS
June Catalano, City Manager, reported that the Summer Concert Series schedule has been set, named the bands, and noted the scheduled dates. She thanked the Civic Action Commission and Geoff Gillette, Community Relations Manager/Public Information Officer, for their work.
5. COUNCIL ANNOUNCEMENTS AND REPORTS
5.1. Reports from Councilmembers on Meetings or Conferences Attended at City Expense
(A) Contra Costa Mayors Conference Hosted via Teleconference on February 3, 2022 Vice Chair Flaherty and Councilmember Noack reported their attendance at the Mayors Conference. Mayor Harris provided a few details about the BART presentation from the conference.
City Council Meeting Minutes Page 2 February 7, 2022
(B) Other Meetings Attended at City Expense
Mayor Harris reported he attended the monthly meeting of the East Bay Division of the League of California Cities regarding redistricting. He noted that there may be some boundary changes as a result of the census in the County Supervisors’, Senate, Assembly, and Congressional districts.
5.2. Announcements from Councilmembers
Councilmember Noack noted that her virtual meeting background shows the inside of the library, described the progress on the construction, and reported that she toured the library with Acting City Engineer, Ananthan Kanagasundaram.
6. PUBLIC COMMENT
Mayor Harris opened public comment.
Mayor Harris reported that the City Council received written public comment regarding Consent Calendar item 7.5 from the following:
Amritpal Hayer on behalf of Bamby Aujla, Chairman of the American Petroleum and Convenience Store Association;
Kiku Johnson, Executive Director, Rainbow Community Center; and Dee Dhaliwal, Pleasant Hill Chevron.
Mayor Harris closed public comment.
7. CONSENT CALENDAR
Motion (Noack/Rinn) to Approve all consent items, excluding item 7.5, which was pulled by Councilmember Noack for further discussion, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
7.1 Approve Minutes for the Regular City Council Meeting of January 24, 2022
7.2 Approve Checks Dated: January 21, 2022; January 28, 2022
7.3 Affirm Resolution No. 63-21 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361
7.4 Approve Appointment Recommendations to the Contra Costa County Iron Horse Corridor Advisory Committee and the John Muir Community Health Fund Board of Directors
7.6 Adopt Resolution No. 9-22 Directing the Preparation and Filing of the 2022/2023 Annual Report for Assessment District No. 20 (Commercial Area Landscape and Lighting) and Adopt Resolution No. 10-22 Requesting Consent from the City of City Council Meeting Minutes Page 3 February 7, 2022
Concord for Ordering of Improvements and Assessments of Costs for Benefited Property in Assessment District No. 20
7.7 Adopt Resolution No. 11-22 Directing the Preparation and Filing of the FY 2022/2023 Annual Report for Assessment District No. 22
7.5 Adopt Ordinance No. 952 Amending Chapter 9.45 of the Pleasant Hill Municipal Code to Prohibit the Sale of Flavored Tobacco Products and Electronic Smoking Devices – Item pulled from Consent
Councilmember Noack explained that she asked to pull item 7.5 to discuss her concern that the cigar exemption as written also exempts flavored cigarillos, which she does not think is the Council’s intent. She commented that she wants to include flavored cigarillos in the prohibition as they are widely used by middle and high-school students.
Councilmember Carlson noted that he had similar thoughts after meeting with several community groups and agrees that the current ordinance does not capture the Council’s intent to prohibit the sale of flavored cigarillos; he added that the County ordinance better reflects the Council’s intent.
Councilmember Carlson questioned the ordinance language in relation to hookah establishments as he wants to ensure neighboring cities’ prohibitions do not result in hookah lounges moving to Pleasant Hill.
In response to a request for clarification from Mayor Harris, Janet Coleson, City Attorney, explained that the ordinance bans hookah sales, not hookah establishments; the Municipal Code does not address hookah establishments under land use; and the City is applying the theory of that which is not called out as permitted, is not allowed, therefore hookah lounges are a prohibited land use.
Councilmembers and Ms. Coleson discussed pricing and packaging of cigars and cigarillos; the definition and prices of “premium cigars;” the intent being to prevent minors from accessing cigarillos; and the timing and benefits of adopting the ordinance as is and returning with an amendment versus waiting until the next meeting to introduce a revised ordinance that also addresses cigarillos.
Motion (Harris/Flaherty) to Approve item 7.5 and return with the consideration of an ordinance amendment regarding cigarillos in March, carried as follows:
AYES: Flaherty, Rinn, Harris
NOES: Carlson, Noack
8. ADMINISTRATION AND FINANCE
8.1 Adopt Resolution No. 12-22 Approving the Agreement with Stay Pleasant Hill to Serve as the Owners' Association for the Pleasant Hill Tourism Improvement District and Authorizing the City Manager to Execute the Agreement
City Council Meeting Minutes Page 4 February 7, 2022
Zach Seal, Economic Development Manager, provided the history of the Pleasant Hill Tourism Improvement District (TID) renewal process and noted the State of California approved Stay Pleasant Hill as a formal non-profit corporation. He explained that if the item is approved, the term of the agreement will coincide with the first day of the renewed TID, April 1, 2022, and last for five years.
Mayor Harris opened public comment.
In response to concerns from Brian Davis about the public comment process regarding item 7.5, Mayor Harris and Ms. Coleson explained that the Council takes public comment for all Consent items and items not on the agenda during the initial public comment period of the meeting. They noted that he could speak on the item when the ordinance amendment returns for consideration at the next meeting.
Mayor Harris closed public comment on item 8.1.
Councilmember Noack thanked Ms. Coleson for incorporating into the agreement the edits she submitted and expressed her hope for a successful start and term.
Councilmember Carlson congratulated Stay Pleasant Hill on obtaining their 501(c)(3) status and also expressed his hope for success over the next five years.
JC Medina, Stay Pleasant Hill Chairperson, acknowledged the Council’s comments and expressed his intent to keep things running smoothly.
Mr. Seal commented on the productive experience with Stay Pleasant Hill since he joined the City.
Motion (Carlson/Noack) to Approve item 8.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT
9.1. Adopt Resolution 13-22 Authorizing the City Manager to Execute an Agreement with Tesla, Inc. to Purchase a Solar Power System for the New Pleasant Hill Library and Authorizing Staff to Facilitate Library Move-in, Utilities, and Technology (Low Voltage Systems)
Ananthan Kanagasundaram, Acting City Engineer, provided a presentation on the BHM construction contract costs, the additional and anticipated project scope, and the request for approximately $513,000 to fund the addition of a photovoltaic solar panel system to the library project from Tesla. He described the low voltage system, move-in, and utilities costs that were funded previously, and the request for authorization to now furnish these items.
In response to questions from Vice Mayor Flaherty, Mr. Kanagasundaram confirmed the City reach out to qualified vendors and selected Tesla, Inc. for the solar panels installation, and that the City Council Meeting Minutes Page 5 February 7, 2022
Budget Committee heard the request the week before it was brought to the full Council. He described the change in costs.
Councilmember Noack confirmed that the Budget Committee heard the request and recommended it for adoption by the full Council, and clarified that the request is for a new appropriation in the not to exceed amount of $513,000 for the solar power system and the rest is a request for approval of funding from the existing budget allocation for the library project.
Councilmember Noack and Flaherty discussed PEG funds and Measure K funds. Councilmember Noack clarified that PEG funds will be used for the low voltage system, where appropriate, and Measure K funds will be used for the solar panels, move-in costs, and utilities.
Mr. Kanagasundaram noted that the final price sheet from Tesla that Vice Mayor Flaherty requested has not yet been received; Councilmember Noack explained that the request is for a maximum amount of approximately $513,000 for the solar panels.
In response to a question from Councilmember Carlson regarding the impact on overall Measure K allocations in other programs, Councilmember Noack described the budget history for the solar panels and confirmed other Measure K-funded programs will not be impacted.
Mr. Kanagasundaram reported that once the occupancy final inspections are done, the building can be energized.
Mayor Harris opened public comment.
There was no comment.
Mayor Harris closed public comment.
Motion (Noack/Carlson) to Approve item 9.1 with the agreement not to exceed $513,038, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
10. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:04 pm. The next regular meeting will be held on Monday, March 7, 2022 beginning at 7:00 PM.
DANIELLE HABR, CITY CLERK