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Home My WebLink About021820-05.1 5.1 ______________________________________________________________________________ DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS FEBRUARY 4, 2020 - DRAFT 1. CALL TO ORDER The regular meeting of the Danville Town Council was called to order by Mayor Stepper at 7:30 p.m., in the Town Meeting Hall, 201 Front Street, Danville, CA. Present: Karen Stepper, Mayor Lisa Blackwell, Vice Mayor Newell Arnerich, Councilmember Renee Morgan, Councilmember Robert Storer, Councilmember 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance to the flag was led by Cub Scout Pack 809, Webelos 1 and Webelos 2, Arrow of Light dens, John F. Baldwin and Montair Elementary Schools. Chris McClure and Jeff Abreu, pack leaders. 3. CHANGES TO THE ORDER OF THE AGENDA There were no changes to the order of the agenda. 4. FOR THE GOOD OF THE TOWN Clelan Tanner, Danville, presented information on the beauty of Danville. Jim Selover, Battalion Chief, San Ramon Valley Fire Protection District, provided an update on personnel and activities of the District. 5. CONSENT CALENDAR 5.1 Consider approval of the Summary of Actions from the regular Town Council meeting of January 14, 2020 5.2 Consider approval of the Register of Demands DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS FEBRUARY 4, 2020 5.3 Consider adoption of Resolution No. 5-2020, authorizing a Professional Services Agreement to develop and prepare a Town-wide Bicycle Master Plan, CIP No. C-609 5.4 Consider adoption of Resolution No. 6-2020, awarding a construction contract for Sycamore Valley Park Drainage Improvements Project, CIP No. B-611 MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER MORGAN, TO APPROVE THE CONSENT CALENDAR MOTION CARRIED 5-0 6. TOWN MANAGER’S REPORT 6.1 Monthly Town Manager’s report by Joe Calabrigo Town Manager Joe Calabrigo provided the report. 7. COMMUNICATIONS 7.1 Contra Costa County Library Commission report by Danville representative Adriana Chong Danville representative Adriana Chong presented the report. 7.2 County Connection Citizens Advisory Committee report by Danville representative James Donnelly Danville representative James Donnelly provided the report. 7.3 Contra Costa County Advisory Council on Aging report by Danville representative James Donnelly Danville representative James Donnelly provided the report. 2 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS FEBRUARY 4, 2020 8. PUBLIC HEARINGS 8.1 Consider introduction of Ordinance No. 2020-01, amending Section 7-6 of the Danville Municipal Code regulating tobacco retailing, advertising and promotion, and banning the sale of flavored tobacco products and electronic smoking devices City Attorney Rob Ewing presented the staff report and noted that a letter was received by the Town from the American Cancer Society requesting that the ordinance clarify language to "explicitly apply to menthol cigarettes so that there is no mistake when implementing and enforcing the policy." He responded to questions from the Town Council and provided clarification on the language in the draft ordinance. Mayor Stepper opened the item to public comment. Patty Hoyt, Discovery Counseling Center, encouraged the Town to implement a ban on flavored tobacco products and electronic smoking devices. She suggested other policies that could be considered to deter use, such as capping the number of tobacco retail licenses, banning the sale in pharmacies or stores containing pharmacies, and requiring significant tobacco retailers to check for valid I.D. before entering the store. Carrie Balthrop, Contra Costa County Department of Public Health Tobacco Prevention Team, expressed support for the proposed ordinance and the ban on vaping products and tobacco products. Ryyn Schumacher, Contra Costa County Tobacco Prevention Manager, expressed support for the proposed ordinance and provided statistics on use of flavored tobacco and electronic smoking devices by youth. Weldon Theobald, Danville, submitted a speaker card in opposition to the ordinance as proposed. Mayor Stepper closed the item to public comment. Councilmember Storer expressed support for modifying the ordinance to limit the ban to vaping products and electronic smoking devices. 3 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS FEBRUARY 4, 2020 Councilmember Arnerich expressed support for modifying the ordinance to limit the ban to flavored vaping products and electronic smoking devices and eliminate references to tobacco. Councilmember Morgan expressed support for the ordinance modification as proposed and return to a Town Council study session for further discussion. Vice Mayor Blackwell stated that she will support the ordinance modification and would like to consider the proposed ban of tobacco products and discuss outdoor smoking in the downtown area at a future Town Council meeting. Mr. Ewing stated that it would be prudent to see what action the State of California will be taking in the future and then agendize the topic at a future Town Council Study Session. Mayor Stepper expressed support for the ordinance and thanked the community for coming forward and expressing concerns. MOTION BY COUNCILMEMBER ARNERICH, SECOND BY COUNCILMEMBER STORER, TO INTRODUCE AND READ BY TITLE ONLY ORDINANCE NO. 2020-01, AMENDING SECTION 7-6 OF THE DANVILLE MUNICIPAL CODE REGULATING TOBACCO RETAILING, ADVERTISING AND PROMOTION, AND BANNING THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES, AND RETURN FOR SECOND READING ON FEBRUARY 18, 2020, WITH THE FOLLOWING MODIFICATIONS: PAGE 1 MODIFY TITLE OF ORDINANCE TO DELETE FLAVORED TOBACCO PRODUCTS AND DELETE THE 3, 5 AND 6 WHEREAS WHICH REFERENCE RDTHTH FLAVORED TOBACCO PRODUCTS; PAGE 3 DELETE DEFINITIONS FOR CHARACTERIZING FLAVOR AND FLAVORED TOBACCO PRODUCT; PAGE 5 DELETE 7-6.17; PAGE 6 RENUMBER SECTION TO BECOME 7-6.17; ADD BAN ON FLAVORED TOBACCO IN ADVERTISING AND PROMOTIONS Councilmember Storer asked about other restrictions on advertising and displays in Section 7-6 and if they could apply to flavored tobacco products without banning those products. 4 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS FEBRUARY 4, 2020 Mr. Ewing responded affirmatively and suggested that the new definitions should remain and sections 7-6.4, 7-6.5 and 7-6.6 be amended to include that reference. MOTION BY COUNCILMEMBER ARNERICH TO AMEND THE MOTION TO REFLECT THE SUGGESTIONS BY THE CITY ATTORNEY TO MODIFY SECTIONS 7- 6.4, 7-6.5 AND 7-6.6 MOTION CARRIED 5-0 9. ADMINISTRATIVE STAFF REPORTS 9.1 Consider adoption of Resolution No. 7-2020, authorizing Community Events Street Closures or Parking Restrictions for Calendar Year 2020; Resolution No. 8-2020, authorizing Exemption from Danville Ordinance No. 96-10 for Danville Summerfest on June 13 and 14, 2020 and Danville Fallfest on October 17 and 18, 2020; and, Resolution No. 9-2020, authorizing Exemption from Danville Ordinance No. 96-10 for Danville d’Elegance on September 20, 2020 Program Coordinator Liana Adauto presented the staff report and introduced event sponsors and organizers. She answered questions from the Town Council. Mayor Stepper opened the item to public comment. There were no speakers. Mayor Stepper closed the item to public comment. MOTION BY COUNCILMEMBER ARNERICH, SECOND BY COUNCILMEMBER MORGAN, TO ADOPT RESOLUTION NO. 7-2020, AUTHORIZING COMMUNITY EVENTS STREET CLOSURES OR PARKING RESTRICTIONS FOR CALENDAR YEAR 2020; RESOLUTION NO. 8-2020, AUTHORIZING EXEMPTION FROM DANVILLE ORDINANCE NO. 96-10 FOR DANVILLE SUMMERFEST ON JUNE 13 AND 14, 2020 AND DANVILLE FALLFEST ON OCTOBER 17 AND 18, 2020; AND, RESOLUTION NO. 9-2020, AUTHORIZING EXEMPTION FROM DANVILLE ORDINANCE NO. 96-10 FOR DANVILLE D’ELEGANCE ON SEPTEMBER 20, 2020 MOTION CARRIED 5-0 5 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS FEBRUARY 4, 2020 10. TOWN COUNCIL REPORTS 10.1 Appoint Design Review Board member to the Historic Design Review Committee MOTION BY COUNCILMEMBER ARNERICH TO APPOINT LOU PALANDRANI TO THE HISTORIC DESIGN REVIEW COMMITTEE MOTION CARRIED 5-0 10.2 Appoint Heritage Resource Commission member to the Historic Design Review Committee MOTION BY COUNCILMEMBER STORER TO APPOINT JAMES POWERS TO THE HISTORIC DESIGN REVIEW COMMITTEE MOTION CARRIED 5-0 10.3 Appoint one alternate Councilmember to the Chamber of Commerce liaison committee for term ending December 31, 2020 MOTION BY VICE MAYOR BLACKWELL TO APPOINT RENEE MORGAN AS ALTERNATE TO THE CHAMBER OF COMMERCE LIAISON COMMITTEE MOTION CARRIED 5-0 10.4 Town Council updates Mayor Stepper reported on attendance at the 2020 U.S. Conference of Mayors' Annual Winter Meeting and Annual Tri-Valley Mayors' Legislative Briefings in Washington, D.C., January 22-24, 2020. 11. ADJOURN TO CLOSED SESSION The regular meeting of the Danville Town Council was adjourned at 9:32 p.m. to a Closed Session. 12. CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(d)(1) Conference with Legal Counsel-existing litigation; Name of Case: GTE Mobilnet of California 6 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS FEBRUARY 4, 2020 Limited Partnership, a California limited partnership d/b/a Verizon Wireless v. Town of Danville, Case No. 3:19-cv-1886, United States District Court, Northern District of California, San Francisco Division. Mayor Stepper reported out of closed session that the Town Council unanimously authorized the City Attorney to execute an agreement to dismiss the remaining causes of action in the litigation. 13. ADJOURNMENT The closed session of the Danville Town Council was adjourned at 9:35 p.m. _________________________________ ___________________________________ Karen Stepper, Mayor Marie Sunseri, City Clerk 7