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HomeMy WebLinkAbout101723-06.1 6.1 This is intended as a summary of actions only. Persons interested in greater detail may view the meeting video at danville.ca.gov/129/Meetings-Agendas-Minutes. Town Council – Regular Meeting SUMMARY OF ACTIONS October 3, 2023 - DRAFT 1. CALL TO ORDER The regular meeting of the Danville Town Council was called to order by Mayor Storer at 5:00 p.m. in the Town Meeting Hall, 201 Front Street, Danville, CA. Present: Robert Storer, Mayor Karen Stepper, Vice Mayor Newell Arnerich, Councilmember Renee Morgan, Councilmember Excused: Dave Fong, Councilmember 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance to the flag was led by Mayor Storer. 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 There were no speakers. 5. PRESENTATIONS AND PROCLAMATIONS 5.1Reading of a proclamation by Mayor Storer proclaiming October 2023 as Domestic Violence Awareness Month Mayor Storer read the proclamation. DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS OCTOBER 3, 2023 6. CONSENT CALENDAR Vice Mayor Stepper removed item 6.5 for discussion. 6.1Consider approval of the Summary of Actions from the regular Town Council meeting of September 19, 2023 6.2Consider approval of the Register of Demands 6.3Consider adoption of Resolution No. 68-2023, reconfirming and extending the existence of a local emergency 6.4Consider adoption of Resolution No. 69-2023, authorizing an Emergency Storm Drain Replacement contract pursuant to California Public Contract Code Sections 20168 and 22050 and appropriating additional funding for Town-wide Storm Drain System Management, CIP Project A-330 6.5Consider adoption of Resolution No. 70-2023, approving a Notice of Completion for the Oak Hill Park Playground Replacement Project, CIP No. B-544 REMOVED FOR DISCUSSION 6.6Consider adoption of Resolution No. 71-2023, approving a Notice of Completion for the Synthetic Turf Replacement Project at Sycamore Valley Park, CIP No. B- 493 6.7Consider adoption of Resolution No. 72-2023, awarding a construction contract for the 2023/24 Pavement Slurry Seal Project, CIP No. C-610F 6.8Consider adoption of Resolution No. 73-2023, appropriating funding and authorizing execution of a contract with Francisco and Associates to perform a benefit analysis related to Street Lighting and Landscape Assessment District No. 1983-1 Improvements MOTION BY COUNCILMEMBER ARNERICH, SECOND BY VICE MAYOR STEPPER, TO APPROVE THE CONSENT CALENDAR, WITH THE EXCEPTION OF ITEM 6.5 MOTION CARRIED 4-0-0-1; COUNCILMEMBER FONG ABSENT 2 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS OCTOBER 3, 2023 ITEM 6.5 CONSIDER ADOPTION OF RESOLUTION NO. 70-2023, APPROVING A NOTICE OF COMPLETION FOR THE OAK HILL PARK PLAYGROUND REPLACEMENT PROJECT, CIP NO. B-544 REMOVED FOR DISCUSSION Vice Mayor Stepper questioned the playground equipment warranty and where residents should direct questions about the new equipment. Town Manager Joe Calabrigo stated that anyone who has a question or concern regarding the playground equipment should contact the Town’s Maintenance Department. MOTION BY VICE MAYOR STEPPER, SECOND BY COUNCILMEMBER MORGAN, TO ADOPT RESOLUTION NO. 70-2023, APPROVING A NOTICE OF COMPLETION FOR THE OAK HILL PARK PLAYGROUND REPLACEMENT PROJECT, CIP NO. B-544 MOTION CARRIED 4-0-0-1; COUNCILMEMBER FONG ABSENT 7. TOWN MANAGER’S REPORT 7.1 Monthly Town Manager’s report by Joe Calabrigo Joe Calabrigo provided the report. 8. PUBLIC HEARINGS 8.1Consider adoption of Resolution No. 74-2023, denying an appeal and upholding the Planning Commission’s action conditionally approving Land Use Permit request LUP23-0019 to allow the construction of a 6-foot high fence to be built bordering a private access easement where a 5-foot setback is required for a fence that is taller than 3.5 feet. This fence would not utilize a 5-foot setback but would be installed outside of the private access easement and would replace a pre-existing 6-foot tall non- conforming fence on the property located at 540 El Pintado Road (APN 196- 162-012) (R. Anderson-Barrett) Associate Planner Riley Anderson-Barrett presented the staff report and responded to questions from the Town Council. Mayor Storer opened the item to public comment. 3 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS OCTOBER 3, 2023 Antonio Alvarez, applicant, provided background on the land use permit and the issues that have developed among property owners and responded to questions from the Town Council. Bill Logan, attorney for appellant, expressed opposition to the rebuilding of a non-conforming 6-foot high fence. George D’Olivo, appellant, expressed opposition to a proposed 6-foot high fence with a gate so close to the easement due to site distance concerns. Pete Solomon, neighboring property owner, expressed support for a proposed 6-foot fence replacing the existing 3.5-foot fence. Hank Falck, neighboring property owner, expressed support for a proposed 6-foot fence replacing the existing 3.5-foot fence. Mayor Storer closed the item to public comment. Antonio Alvarez, in rebuttal, reiterated his request to replace the 3.5-foot fence with a 6-foot fence. Councilmembers Morgan and Arnerich encouraged the applicant to meet with the neighbors to place the gate in a location that satisfies the property owner and the appellant. Mayor Storer expressed support for a 6-foot high fence. MOTION BY COUNCILMEMBER ARNERICH, SECOND BY COUNCILMEMBER MORGAN, TO ADOPT RESOLUTION NO. 74-2023, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S ACTION CONDITIONALLY APPROVING LAND USE PERMIT REQUEST LUP23-0019 TO ALLOW THE CONSTRUCTION OF A 6’ HIGH FENCE TO BE BUILT BORDERING A PRIVATE ACCESS EASEMENT WHERE A 5’ SETBACK IS REQUIRED FOR A FENCE THAT IS TALLER THAN 3.5 FEET. THIS FENCE WOULD NOT UTILIZE A 5’ SETBACK BUT WOULD BE INSTALLED OUTSIDE OF THE PRIVATE ACCESS EASEMENT AND WOULD REPLACE A PRE-EXISTING 6’ TALL NON-CONFORMING FENCE ON THE PROPERTY LOCATED AT 540 EL PINTADO ROAD (APN 196-162-012) MOTION CARRIED 4-0-0-1; COUNCILMEMBER FONG ABSENT 4 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS OCTOBER 3, 2023 9. ADMINISTRATIVE STAFF REPORTS 9.1Consider adoption of Resolution No. 75-2023, extending and amending an employment agreement with the City Attorney Town Manager Joe Calabrigo presented the staff report and stated the changes in salary and compensation for the City Attorney. Mayor Storer opened the item to public comment. There were no speakers. Mayor Storer closed the item to public comment. MOTION BY COUNCILMEMBER MORGAN, SECOND BY COUNCILMEMBER ARNERICH, TO ADOPT RESOLUTION NO. 75-2023, EXTENDING AND AMENDING AN EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY MOTION CARRIED 4-0-0-1; COUNCILMEMBER FONG ABSENT 10. TOWN COUNCIL REPORTS 10.1Street Smarts Boardmember report by Councilmember Morgan Councilmember Morgan provided the report. 10.2County Connection Boardmember report by Mayor Storer Mayor Storer provided the report. 10.3Town Council updates Councilmembers provided updates on events and activities in Danville. 5 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS OCTOBER 3, 2023 11. ADJOURNMENT The regular meeting of the Danville Town Council was adjourned at 7:09 p.m. _______________________________ _____________________________ Robert Storer, Mayor Marie Sunseri, City Clerk 6