The URL can be used to link to this page

Home My WebLink About061620 tc soaDocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 Town Council - Special Meeting SUMMARY OF ACTIONS June 16, 2020 1. CALL TO ORDER The special meeting of the Danville Town Council was called to order by Mayor Stepper at 5:00 p.m. The meeting was conducted by teleconference only. 1.1 Roll Call City Clerk Marie Sunseri conducted the roll call for attendance: Present: Karen Stepper, Mayor Lisa Blackwell, Vice Mayor Newell Arnerich, Councilmember Renee Morgan, Councilmember Robert Storer, Councilmember All Councilmembers were present. 1.2 Announcements City Clerk Marie Sunseri provided information regarding the format of the meeting and instructions for public comment. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance to the flag was led by Mayor Stepper. 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 Andrew C. Nelson expressed interest in getting involved in Danville. DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 5. CONSENT CALENDAR A correction was made to Resolution No. 41-2020; agenda item 5.8 was removed for discussion and will be heard following item 8.2. 5.1 Consider approval of the Summary of Actions from the special Town Council meeting of June 2, 2020 5.2 Consider approval of the Summary of Actions from the special Town Council meeting of June 8, 2020 5.3 Consider approval of the Register of Demands 5.4 Consider acceptance of the April 2020 Month End Treasurer's Report 5.5 Consider adoption of Resolution No. 40-2020, requesting and consenting to consolidation of elections and setting specifications of the election order for the November 3, 2020 Municipal Election 5.6 Consider adoption of Resolution No. 41-2020, setting the Town Council meeting dates for 2021; and Resolution No. 42-2020, setting the 2021 legal holidays to be observed by the Town CORRECTION TO RESOLUTION NO. 41-2020, EXHIBIT 1 5.7 Consider adoption of Resolution No. 43-2020, approving a Notice of Completion for the Hap Magee Ranch Park Playground Renovation Project, CIP No. B-400 5.8 Consider adoption of Resolution No. 18-2020, designating the Fazzio/Fisher House as a Danville Heritage Resource and approving a Historic Preservation Package for the historic structure located at 342 Railroad Avenue (D. Crompton) REMOVED FOR DISCUSSION 5.9 Consider adoption of Resolution No. 44-2020, accepting easements for public access purposes (San Ramon Creek Pedestrian Bridge) 5.10 Consider adoption of Resolution No. 45-2020, authorizing the Town Manager to execute a Cooperation and Loan Agreement with the Danville Area Chamber of Commerce and appropriating funding for that purpose 2 DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 5.11 Consider adoption of Resolution No. 49-2020, awarding a construction contract for the 2019/20 Pavement Slurry Seal Project, CIP No. C -610D MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER ARNERICH, TO APPROVE THE CONSENT CALENDAR ITEMS 5.1 THROUGH 5.7, AND ITEMS 5.9 THROUGH 5.11; INCLUDING MODIFICATION TO RESOLUTION NO. 41-2020, EXHIBIT 1 TO CHANGE MARCH 19 STUDY SESSION DATE TO MARCH 9, 2021 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. ADMINISTRATIVE STAFF REPORTS (Public comment invited) 7.1 Consider adoption of Resolution No. 46-2020, adopting an Outdoor Flagpole Display Policy; and Resolution No. 47-2020, approving the display of the Rainbow Flag during the month of June City Attorney Rob Ewing presented the staff report and responded to questions from the Town Council. The item was opened to public comment and the following individuals submitted emails that were read by the City Clerk expressing support for the Resolutions: Jacquie Guzzo Pegeen Brosnan Allison Gardiner Victoria Felix Shashanna Singh Jerry Yahiro Val Williams Christine M. Chang, M.D 3 DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 The following individuals submitted emails that were read by the City Clerk expressing opposition to the Resolutions: Mike Arata Terry and Dee Thompson Linda Mitchell Eric Johnson Mark and Patricia Fernwood Sylvia Coburn Helen Chernne The following individuals submitted email comments that were read by the City Clerk: Gary Estrella expressed opposition to flying commemorative flags on Town flagpoles. Bob Sada expressed opposition to flying commemorative flags on Town flagpoles. Skip George requested that commemorative flags be flown separate from the U.S. flag. Eric Ardell expressed opposition to flying any flags other than the American flag, the California flag, and the POW/MIA flag on the flagpole at the Veterans Memorial Building. The item was closed for public comment. Councilmember Arnerich requested modifications to the Policy including (1) requests to fly a commemorative flag must be made on an annual basis; (2) require that a graphic representation of the commemorative flag to be flown be submitted with every request; (3) commemorative flags to be flown for no less than one week at a time, 110 more than one month at a time, with no more than four commemorative flags flown per month; and, (4) the flagpoles at the Veterans Memorial Building and the All Wars Memorial at Oak Hill Park are for exclusive use of POW/MIA flags. Mayor Stepper stated that she is opposing this item and stated that the negative vote is not about the rights or welcoming of LGBTQ in our community, all of whom we work with in Danville, on our regional committees, and in our families. Rather, it is directed 4 DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 to how she sees the job description of public government city officials who provide policies to meet the needs of all of our citizens — not to separate and segregate certain citizens. It is particularly to maintain respect for the American Flag per Title 4 of the US Code, Chapter 1, and its position on a federal flagpole to define the core values for all of our citizens. Councilmember Storer expressed support for both Resolutions and the recommended modifications. Vice Mayor Blackwell expressed support for both Resolutions and the recommended modifications. Councilmember Morgan expressed support for the items and recommended changes and requested adding language to the Policy that states that (1) commemorative flags are to be flown on the flagpole at the Danville Library; (2) the applicant is to provide or fund the commemorative flag, as determined on a case-by-case basis; and, (3) require an annual review of each request. MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER MORGAN, TO ADOPT RESOLUTION NO. 46-2020, ADOPTING AN OUTDOOR FLAGPOLE DISPLAY POLICY, WITH THE FOLLOWING REVISIONS: (1) REQUESTS TO FLY A COMMEMORATIVE FLAG MUST BE REVIEWED ANNUALLY; (2) REQUIRE THE COMMEMORATIVE FLAG TO BE FLOWN AND THE GRAPHIC REPRESENTATION BE SUBMITTED WITH EVERY REQUEST; (3) COMMEMORATIVE FLAGS TO BE FLOWN FOR NO LESS THAN ONE WEEK AT A TIME, NO MORE THAN ONE MONTH AT A TIME, WITH NO MORE THAN FOUR COMMEMORATIVE FLAGS FLOWN PER MONTH; (4) THE FLAGPOLES AT THE VETERANS MEMORIAL BUILDING AND THE ALL WARS MEMORIAL AT OAK HILL PARK ARE FOR EXCLUSIVE USE OF POW/MIA FLAGS; (5) COMMEMORATIVE FLAGS ARE TO BE FLOWN ON THE FLAGPOLE AT THE DANVILLE LIBRARY; AND MOTION CARRIED 4-1; MAYOR STEPPER OPPOSED MOTION BY COUNCILMEMBER MORGAN, SECOND BY VICE MAYOR BLACKWELL, TO ADOPT RESOLUTION NO. 47-2020, APPROVING THE DISPLAY OF 5 DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 THE RAINBOW FLAG DURING THE MONTH OF JUNE, AS REVISED TO INCLUDE THE YEAR 2020 MOTION CARRIED 4-1; MAYOR STEPPER OPPOSED 8. PUBLIC HEARINGS 8.1 Consider adoption of Resolution No. 48-2020, confirming the diagram and assessment and ordering the levy of the annual assessment, for Danville Street Lighting and Landscape Assessment District No. 1983-1 Town Manager Joe Calabrigo presented the staff report. The item was opened to public comment. There were no speakers. The item was closed to public comment. MOTION BY COUNCILMEMBER ARNERICH, SECOND BY COUNCILMEMBER STORER, TO ADOPT RESOLUTION NO. 48-2020, CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY OF THE ANNUAL ASSESSMENT, FOR DANVILLE STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1983-1 MOTION CARRIED 5-0 8.2 Consider adoption of Resolution No. 35-2020: approving the 2020/21 Operating Budget and setting the 2020/21 Appropriation Limit; Resolution No. 36-2020: approving the 2020/21 through 2024/25 Capital Improvement Program and appropriating funds for 2020/21 Capital projects; Resolution No. 37-2020SA: approving the 2020/21 Operating Budget for the Successor Agency to the former Community Development Agency of the Town of Danville; and, Resolution No. 38-2020, approving the 2020/21 Master Fee Schedule for User and Cost Recovery Fees Town Manager Joe Calabrigo presented the 2020/21 Operating Budget and Capital Improvement Program. Mr. Calabrigo stated that the item was presented and discussed by the Town Council at three public study sessions. He added that, considering the impact of COVID-19 on the 6 DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 budget process, the revenue forecasts were developed based upon the currently available information and a range of revenue scenarios are considered. He presented a modified budget approach, based upon a $5 million revenue loss, with the full impact still unknown. The proposed budget identifies reductions in expenses and fund transfers to balance the budget while maintaining reserves. He discussed the department expenses, service level impacts, and the 10 -year forecast. The item was opened to public comment. Mary Rose requested an increase in police funding. The item was closed to public comment. There was Town Council consensus to adopt the Resolutions as presented. MOTION BY COUNCILMEMBER ARNERICH, SECOND BY COUNCILMEMBER STORER, TO ADOPT RESOLUTION NO. 35-2020: APPROVING THE 2020/21 OPERATING BUDGET AND SETTING THE 2020/21 APPROPRIATION LIMIT; RESOLUTION NO. 36-2020: APPROVING THE 2020/21 THROUGH 2024/25 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS FOR 2020/21 CAPITAL PROJECTS; RESOLUTION NO. 37-2020SA: APPROVING THE 2020/21 OPERATING BUDGET FOR THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE; AND, RESOLUTION NO. 38-2020, APPROVING THE 2020/21 MASTER FEE SCHEDULE FOR USER AND COST RECOVERY FEES MOTION CARRIED 5-0 7 DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 ITEM 5.8 - CONSIDER ADOPTION OF RESOLUTION NO. 18-2020, DESIGNATING THE FAZZIO/FISHER HOUSE AS A DANVILLE HERITAGE RESOURCE AND APPROVING A HISTORIC PRESERVATION PACKAGE FOR THE HISTORIC STRUCTURE LOCATED AT 342 RAILROAD AVENUE REMOVED FOR DISCUSSION Principal Planner David Crompton presented the staff report and summarized the request of the property owner to use the front building for office use. The item was opened for public comment. Blair Barry, Barry and Wynn Architects, on behalf of the property owner, requested the flexibility for office use in the front building on the property to allow for a greater pool for renters. The item was closed for public comment. Mr. Crompton stated that the approval of the incentive package runs with the property. Under the Town's DBD ordinance, land use permits can be approved administratively. He stated that, at an administrative level, there is the ability under the DBD ordinance to approve land use permits for certain requested uses, given the circumstances at that time. There was Town Council discussion regarding the incentive package and a grace period. Mr. Crompton stated that the request can be reviewed administratively and encourage the property owner to occupy the front space with retail/restaurant use and then have staff determine whether a land use permit can be issued at a staff level. MOTION BY COUNCILMEMBER MORGAN, SECOND BY COUNCILMEMBER STORER, TO ADOPT RESOLUTION NO. 18-2020, DESIGNATING THE FAZZIO/FISHER HOUSE AS A DANVILLE HERITAGE RESOURCE AND APPROVING A HISTORIC PRESERVATION PACKAGE FOR THE HISTORIC STRUCTURE LOCATED AT 342 RAILROAD AVENUE; INCLUDING THE FLEXIBILITY TO REVIEW AT A STAFF LEVEL AS NECESSARY AND ISSUE A LAND USE PERMIT IF THERE IS A FINDING THAT THE SPACE IS NOT CONDUCIVE TO RETAIL/ RESTAURANT USE AT ANY TIME MOTION CARRIED 5-0 8 DocuSign Envelope ID: F8EF7723-B707-42A4-9011-7F5258893D82 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JUNE 16, 2020 9. TOWN COUNCIL REPORTS 9.1 Town Council updates The Mayor and Town Council provided updates and encouraging words to the Danville community. 10. ADJOURNMENT The special meeting of the Danville Town Council was adjourned at 8:05 p.m. DocuSigned by: DocuSined by: (94 giu-de �4A068AE9F30A4FC... '-71735A3F04C942F... Lisa Blackwell, Vice Mayor Marie Sunseri, City Clerk 9