MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
March 21, 2022
City Council Meeting Minutes Page 1 March 21,
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 March 17, 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 Proclamation Designating March as Prescription Drug Abuse Awareness Month Mayor Harris introduced April Rovero, Chair of the Contra Costa County MEDS Coalition and Executive Director of the National Coalition Against Prescription Drug Abuse (NCAPDA), and NCAPDA Youth Ambassadors, Sidney Tatsumi and Shrey Sharma. Ms. Rovero made brief remarks about educating the community on opioid drug use. Ms. Tatsumi and Mr. Sharma introduced themselves.
Mayor Harris read and presented the proclamation to Ms. Rovero, Ms. Tatsumi and Mr. Sharma.
3.2 Proclamation Designating March as Meals on Wheels Month Mayor Harris read and presented the proclamation to Caitlin Sly, Executive Director of Meals on Wheels. Ms. Sly thanked the City Council and the community for their support and made brief comments.
3.3 Overview of the Zonehaven Emergency Communication Tool by the Contra Costa County Fire Protection District (heard after item 4) Aaron McAlister, Deputy Fire Chief of the Contra Costa County Fire Protection District, delivered a presentation on wildland fire problems and evacuation management protocol. Deputy Fire Chief McAlister explained how the Zonehaven Emergency Communication platform is used as a tool to communicate information to the most people in the fastest way possible, and working in conjunction with the Community Warning System.
Mayor Harris thanked Deputy Fire Chief McAlister for the presentation.
Councilmember Rinn reported on a nearby recent house fire and thanked the Fire District for the quick response.
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4. CITY MANAGER COMMENTS:
June Catalano, City Manager, reported that:
the City Council Goals Workshop will be held virtually on Monday, March 28, 2022 at 6:30 p.m.; and
the Mayor’s State of the City Breakfast will be held on April 5, 2022 from 7:30 a.m. to 9:00 a.m. at the Pleasant Hill Community Center.
5. COUNCIL ANNOUNCEMENTS AND REPORTS
5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
None
5.2 Announcements from Councilmembers
None
6. PUBLIC COMMENT
Mayor Harris opened public comment.
Ryan Perez, Founder of Sonder Creek Academy, reported on the challenges of obtaining a conditional use permit for 110 Ellinwood Drive and asked for the City Council’s assistance.
The following members of the public called in their support for Sonder Creek Academy:
Amy Hines-Shaikh, City Planning Commissioner for the City of Clayton Maria Sigel
Jeff Unscheid, Concord
Emily Richards, Concord
Vandy Hamidi, Pleasant Hill
Ann Kao, Pleasant Hill
Branden Franzen
Betsy Lesser, Martinez
Joanie Umscheid
Sara Wasserhauer
Maria Yordanova
Kathryn Durham Hammer
The following members of the public called in to voice their concerns about an animal services agreement with the Contra Costa County Animal Services Department:
Yvonne Lobos, Pleasant Hill
Lisa Fulton
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Annie Wright
Ann Ling
Mayor Harris said he will obtain an update from staff regarding both issues and report back to the interested parties.
Mayor Harris closed public comment.
7. CONSENT CALENDAR
Motion (Rinn/Carlson) to Approve all consent items excluding item 7.1, which was pulled by Mayor Harris, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
7.2 Approve Checks Dated: March 4, 2022; March 11, 2022
7.3 Approve Appointment Recommendations to the Civic Action Commission
7.4 Adopt Ordinance No. 953 Amending Section 3.35.070 of the Pleasant Hill Municipal Code Regarding the Traffic Safety Commission
7.1 Approve Minutes for the Regular City Council Meeting of March 7, 2022 –Item Pulled from Consent
Motion (Carlson/Noack) to Approve item 7.1, carried as follows:
AYES: Carlson, Noack, Rinn, Harris
ABSTAIN: Flaherty
8. PUBLIC WORKS AND COMMUNITY DEVELOPMENT
8.1 Presentation of the Audited Annual Comprehensive Financial Report (ACFR) and Measure K Fund Report for the Fiscal Year Ended June 30, 2021 Erick Cheung, Finance Manager, delivered a presentation on the Annual Comprehensive Financial Report (ACFR) for the fiscal year that ended June 30, 2021. Mr. Cheung explained the definition of an “unmodified opinion” as the highest possible rating that the City received from its independent auditor. Mr. Cheung summarized the contents of the ACFR and discussed the General Fund financial information, including the impact of Measure K.
David Bullock, Auditor, Macias, Gini & O’Connell LLP (MGO), reported that he met with the Budget Committee on March 15, 2022. Mr. Bullock reiterated that MGO issued an unmodified opinion. He summarized the contents of the audit letter and expressed his appreciation for working with Mary McCarthy, the former Finance Manager.
Mayor Harris opened public comment.
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There was no public comment.
Mayor Harris closed public comment.
Councilmember Noack expressed her appreciation to Mr. Cheung and Ms. McCarthy for their work on the ACFR. Councilmember Noack made a clarification on the line item for transportation which is dedicated to road work and not for motor vehicles.
Motion (Noack/Rinn) to Approve item 8.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
8.2 Introduce Ordinance No. ___ Authorizing a Special or Military Equipment Use Policy for the Pleasant Hill Police Department Pursuant to California Assembly Bill 481
Pleasant Hill Police Chief Bryan Hill introduced the item and explained the obligations to comply with Assembly Bill No. 481 that was recently passed by the California State Legislature.
Pleasant Hill Police Captain Scott Vermillion provided an overview of Assembly Bill 481. Captain Vermillion summarized the Pleasant Hill Police Department’s Policy 706 regarding special or military equipment use. Captain Vermillion said that Policy 706 is available to the public.
Janet Coleson, City Attorney, explained that Policy 706 is an uncodified City ordinance.
Captain Vermillion described the public meeting purpose, requirements and format. He summarized the equipment list and noted that the list is publicly posted on the police department’s website for public viewing. Captain Vermillion said that many of the items on the equipment list support de-escalation tactics.
Mayor Harris asked if public meetings have been scheduled. Captain Vermillion responded that no meetings have been scheduled since the City Council can still restrict any equipment on the current list.
Councilmember Noack asked for confirmation that the listed equipment is what the police department already has, and that no new equipment is being purchased. Captain Vermillion confirmed.
Vice Mayor Flaherty asked about certain equipment being “sought,” which was answered and clarified by Captain Vermillion.
Councilmember Carlson asked about equipment owned and the equipment requested on mutual aid. Captain Vermillion said that Policy 706 has an emergency response action clause from allied agencies.
Mayor Harris opened public comment.
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Ken Housfeld, Pleasant Hill, thanked Captain Vermillion and Chief Hill for their work and expressed his support for the equipment.
Mayor Harris closed public comment.
Motion (Noack/Rinn) to Approve item 8.2, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
Mayor Harris called for a recess at 9:03 p.m.
Mayor Harris reconvened the meeting at 9:13 p.m.
9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT
9.1 Adopt Resolution No. 17-22 Approving an Amended and Restated Predevelopment Loan Agreement with Satellite Affordable Housing Associates to Contribute $736,000 Toward Senior Affordable Housing Development at 490 Golf Club Road
Troy Fujimoto, City Planner, provided a brief overview of the item.
Suzy Kim, RSG Consultants, summarized the purpose, conditions, and funding of an Amended and Restated Predevelopment Loan Agreement in the total amount of $736,000 with Satellite Affordable Housing Associates (SAHA). Ms. Kim provided an overview of the loan repayment terms and default options. Ms. Kim clarified that the City provided an additional $500,000 to the construction loan for a total of $2,000,000, and not $1,500,000. Ms. Kim reported on current funding secured by SAHA.
Vice Mayor Flaherty asked about the funding on the original $236,000 loan, which was answered by Ms. Kim.
Councilmember Noack clarified that the $236,000 loan was assigned from Choice in Aging to SAHA.
Mayor Harris opened public comment.
Marge Cortes, Choice in Aging, expressed her appreciation to the City Council.
Leslie Palaroan, SAHA, expressed her appreciation to the City Council Mayor Harris closed public comment.
Motion (Carlson/Noack) to Approve item 9.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
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9.2 Public Hearing and Adopt Resolution No. 18-22 and Introduce Ordinance No. ___ for Adoption of Citywide Residential Objective Design Standards and Related Ordinance Amendments
Troy Fujimoto, City Planner, introduced the item and explained that the proposal is necessary in order to comply with changes to State law that limit design review of certain residential projects to the application of objective design standards.
Ryan Lester, Mintier Harnish, delivered the presentation on objective design standards, and discussed the definition of “objective design standards” and the purpose for these standards. Mr.
Lester summarized the challenges on working with objective design standards. He summarized the background on the objective design standards project, and on the applicability and review process.
Mr. Lester showed the objective design standard graphics. He summarized the topics raised by discussions with the Architectural Review Commission (ARC) and Planning Commission.
Brent Gibbons, Mintier Harnish, reported that he worked with the ARC to determine which City standard requires an objective design standard.
Councilmember Noack clarified how objective design standards would be applicable under the new state guidelines. Mr. Gibbons agreed with Councilmember Noack’s clarification and further explained the broader use of objective design standards.
Councilmember Noack, Mr. Fujimoto and Mr. Gibbons continued to discuss the City’s design guidelines and development standards.
Mayor Harris opened public comment.
There was no public comment.
Mayor Harris closed public comment.
Councilmember Noack asked about clarification on recessed garages, which was answered by Mr.
Fujimoto.
Vice Mayor Flaherty asked about the review process for projects, which was answered by Mr.
Fujimoto.
Motion (Noack/Carlson) to Approve item 9.2, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
9.3 Introduce Ordinance No. ___ Adding Section 9.45.125 (Minimum Package Size for Little Cigars and Cigars) to Article I (Regulation of Smoking) of Chapter 9.45 (Tobacco Products and Electronic Smoking Devices) of the Pleasant Hill Municipal Code
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Janet Coleson, City Attorney, provided the background on the adoption of Ordinance No. 952 which amended Section 9.45 of the Pleasant Hill Municipal Code, and the public input regarding the accessibility of cigars and little cigars (cigarillos) to minors. Ms. Coleson explained how Contra Costa County has defined “little cigars”. Ms. Coleson said the proposed addition of Section
9.45.125 to the Pleasant Hill Municipal Code would regulate the minimum package size for little cigars and increase the price of an individual regular cigar.
Vice Mayor Flaherty asked about additional outreach to the public regarding the cigars, which was answered by Ms. Coleson.
Mayor Harris opened public comment.
Mayor Harris reported that the City Council received two written comments from the following people:
Ken Housfeld
Jimmy Ancira
The following members of the public called in regarding this item” Brian Davis, LGBTQ minus Tobacco
Amaya Wooding, LGBTQ Minus Tobacco
Jan Grand-Lejano, American Cancer Society
Nicole Turkson, African American Tobacco Control Leadership Council Camille Cummings, African American Tobacco Control Leadership Council Ken Housfeld, Volunteer for the American Cancer Society Mayor Harris closed public comment.
Councilmember Carlson commented on the need to revisit the enforcement aspect of the ordinance.
Motion (Carlson/Noack) to Approve item 9.3, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
10. ADJOURNMENT
Mayor Harris adjourned the meeting at 10:15 p.m. The next Special City Council meeting will be held on Monday, March 28, 2022 at 6:30 p.m.
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CAROL W. WU, CITY CLERK RECORDER