HomeMy WebLinkAbout022024-06.1
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
February 6, 2024 – DRAFT
1. CALL TO ORDER
The regular meeting of the Danville Town Council was called to order by Mayor
Stepper at 5:00 p.m. in the Town Meeting Hall, 201 Front Street, Danville, CA.
Present: Karen Stepper, Mayor
Dave Fong, 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 Troop 36 of the Boy Scouts of
America.
3. CHANGES TO THE ORDER OF THE AGENDA
There were no changes.
4. FOR THE GOOD OF THE TOWN
John Somers submitted a speaker card in opposition to more pickleball courts at
Osage Station Park.
Jennifer Jo Wiseman expressed opposition to more pickleball courts at Osage
Station Park and asked the Town to consider all of the facts, and an alternate
location, when making a decision on the project.
DANVILLE TOWN COUNCIL
SUMMARY OF ACTIONS
FEBRUARY 6, 2024
Chuck Preas distributed a news article referencing quieter equipment for
pickleball and expressed opposition to more pickleball courts at Osage Station
Park.
5. PRESENTATIONS AND PROCLAMATIONS
5.1Presentation of a proclamation to Abram Wilson proclaiming February
2024 as Black History Month
Mayor Stepper presented the proclamation.
6. CONSENT CALENDAR
6.1Consider approval of the Summary of Actions from the regular Town
Council meeting of January 16, 2024
6.2Consider approval of the Register of Demands
6.3Consider adoption of Resolution No. 5-2024, approving Subdivision Map
and Subdivision Improvement Agreement for Subdivision 9399, 375 W El
Pintado Rd, located at 375 and 379 West El Pintado Road (APN: 200-140-
011 & APN: 200-140-012)
6.4Consider adoption of Resolution No. 6-2024, appropriating funds and
authorizing the Town Manager to purchase Radio Encryption Keys from
Motorola Solutions, Inc. for Police Radios to continue the use of Police
Radio function in the Town (A. Shields)
MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER
MORGAN, TO APPROVE THE CONSENT CALENDAR
MOTION CARRIED 5-0
7. TOWN MANAGER’S REPORT
7.1 Monthly Town Manager’s report by Joe Calabrigo
Town Manager Joe Calabrigo presented the report.
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DANVILLE TOWN COUNCIL
SUMMARY OF ACTIONS
FEBRUARY 6, 2024
8. PUBLIC HEARINGS
8.1 Consider introduction of Ordinance No. 2024-01, approving Zoning Text
Amendment ZTA 24-0001, and Ordinance No. 2024-02, approving
Rezoning RZ 2024-0001; and, consider adoption of Resolution No. 4-2024,
adopting the Danville 2023-2031 General Plan Housing Element GPA24-
0001 and approving General Plan Land Use Amendment GPA24-0002
Mayor Stepper noted that two Councilmembers have conflicts of interest
on some of the potential sites that would be addressed during the meeting.
Chief of Planning David Crompton presented the staff report.
Mr. Crompton responded to questions from the Town Council.
City Attorney Rob Ewing explained the Conflict of Interest rules
established by the Fair Political Practices Commission (FPPC) that allow for
a segmentation process. In this case, two Councilmembers have conflicts of
interest on a handful of sites out of the RHNA sites in the Housing Element
and some of the Townwide zoning text amendments proposed to
implement the housing element. These conflicts are based on proximity of
properties the Councilmembers own to those sites. Conflict rules
developed by the FPPC allow for a process called segmentation. Under that
process, the members of the Council without a conflict can consider and
vote on the sites with the conflicted Councilmember abstaining. Once a
vote is taken on those sites, then the entire Council can move forward and
consider the rest of the Housing Element and related actions without
further discussion of the conflicted sites.
Councilmember Arnerich recused himself and departed the meeting room
at 6:02 p.m.
Mr. Ewing explained that Councilmember Arnerich’s residence is within
1,000 feet of the following three RHNA sites: R1 (the Wells Fargo Bank at
the corner of San Ramon Valley Blvd. and Town and Country Drive), R2
(the Town and Country Shopping Center) and S (the Village Shopping
Center). Those three sites are also impacted by two zoning text
amendments to the Downtown Business District 13 zoning district.
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DANVILLE TOWN COUNCIL
SUMMARY OF ACTIONS
FEBRUARY 6, 2024
Mr. Crompton provided a brief summary of the three sites and zoning
changes.
Mayor Stepper opened the public hearing only for comments and questions
on the Village Shopping Center, Town and Country Shopping Center and
the Wells Fargo Bank site at the corner of San Ramon Valley Blvd. and Town
and Country Drive.
There were no speakers.
Mayor Stepper closed this portion of the item for public comment.
MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER
MORGAN, FOR RESOLUTION NO. 4-2024, TO INCLUDE SITES R1, R2 AND S IN THE
APPROVED HOUSING ELEMENT
MOTION CARRIED 4-0-0-1; COUNCILMEMBER ARNERICH ABSENT
MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER
MORGAN, FOR ORDINANCE 2024-01, TO APPROVE THE AMENDMENT TO
DOWNTOWN BUSINESS DISTRICT 13 TO INCREASE THE FAR, WHICH IS LISTED
IN MUNICIPAL CODE SECTION 32-45.21.2.E.1, FOR THE VILLAGE SHOPPING
CENTER, TOWN AND COUNTRY SHOPPING CENTER AND THE WELLS FARGO
BANK SITE AT THE CORNER OF SAN RAMON VALLEY BLVD. AND TOWN AND
COUNTRY DRIVE
MOTION CARRIED 4-0-0-1; COUNCILMEMBER ARNERICH ABSENT
MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER
MORGAN, FOR ORDINANCE NO. 2024-01, TO APPROVE THE AMENDMENT TO
DOWNTOWN BUSINESS DISTRICT 13 ALLOWING EMERGENCY SHELTERS BY
RIGHT, WHICH IS LISTED IN MUNICIPAL CODE SECTION 32-45.21.2
MOTION CARRIED 4-0-0-1; COUNCILMEMBER ARNERICH ABSENT
Councilmember Arnerich returned to the dais at 6:06 p.m.
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DANVILLE TOWN COUNCIL
SUMMARY OF ACTIONS
FEBRUARY 6, 2024
Councilmember Storer recused himself and departed the meeting room at
6:07 p.m.
Mr. Ewing explained the conflict of interest for Councilmember Storer is
that he has an ownership interest in the apartment building at 1011 Hartz
Way, which is within 500 feet of RHNA Site N (the Crossroads Shopping
Center, 480 and 486 San Ramon Valley Blvd.) on the list. That site is also
impacted by the zoning text amendment to the Downtown Business District
13 zoning district increasing the FAR. In addition, the Hartz Way property
is located in Downtown Business District 9 and would be directly impacted
by the proposed zoning amendment allowing emergency shelters by right
in that District.
Mayor Stepper opened this portion to public comment.
There were no speakers.
Mayor Stepper closed this portion to public comment.
MOTION BY COUNCILMEMBER MORGAN, SECOND BY COUNCILMEMBER
ARNERICH, FOR RESOLUTION NO. 4-2024, TO INCLUDE SITE N IN THE APPROVED
HOUSING ELEMENT
MOTION CARRIED 4-0-0-1; COUNCILMEMBER STORER ABSENT
MOTION BY COUNCILMEMBER MORGAN, SECOND BY VICE MAYOR FONG, FOR
ORDINANCE NO. 2024-01, TO APPROVE THE AMENDMENT TO DOWNTOWN
BUSINESS DISTRICT 13 TO INCREASE THE FAR, WHICH IS LISTED IN MUNICIPAL
CODE SECTION 32-45.21.2.E.1, FOR SITE N
MOTION CARRIED 4-0-0-1; COUNCILMEMBER STORER ABSENT
MOTION BY COUNCILMEMBER MORGAN, SECOND BY VICE MAYOR FONG, FOR
ORDINANCE NO. 2024-01, TO APPROVE THE AMENDMENT TO DOWNTOWN
BUSINESS DISTRICT 9 ALLOWING EMERGENCY SHELTERS BY RIGHT, WHICH IS
LISTED IN MUNICIPAL CODE SECTIONS 32-45.19
MOTION CARRIED 4-0-0-1; COUNCILMEMBER STORER ABSENT
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DANVILLE TOWN COUNCIL
SUMMARY OF ACTIONS
FEBRUARY 6, 2024
Councilmember Storer returned to the dais at 6:10 p.m.
Mayor Stepper opened the item to public comment for anyone who would
like to speak on anything about the Housing Element or other General Plan
or Zoning Amendments other than those already voted upon.
There were no speakers.
Mayor Stepper closed the item to public comment.
MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER
MORGAN, TO ADOPT RESOLUTION NO. 4-2024, ADOPTING THE DANVILLE 2023-
2031 GENERAL PLAN HOUSING ELEMENT GPA24-0001 AND APPROVING
GENERAL PLAN LAND USE AMENDMENT GPA24-00020001; INCLUDING THE
ITEMS PREVIOUSLY APPROVED THIS EVENING
MOTION CARRIED 5-0
MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER
MORGAN, TO INTRODUCE AND READ BY TITLE ONLY ORDINANCE NO. 2024-01,
APPROVING ZONING TEXT AMENDMENT ZTA 24-0001, AND RETURN FOR
SECOND READING ON FEBRUARY 20, 2024
MOTION CARRIED 5-0
MOTION BY COUNCILMEMBER STORER, SECOND BY COUNCILMEMBER
MORGAN, TO INTRODUCE AND READ BY TITLE ONLY ORDINANCE NO. 2024-02,
APPROVING REZONING RZ 2024-0001, AND RETURN FOR SECOND READING ON
FEBRUARY 20, 2024
MOTION CARRIED 5-0
Mr. Ewing explained that the City Clerk will annotate Resolution No. 4-
2024 and Ordinance No. 2024-01 to reflect the separate votes arising from
conflicts of interest and the Ordinance will return to the Town Council for
adoption on February 20.
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DANVILLE TOWN COUNCIL
SUMMARY OF ACTIONS
FEBRUARY 6, 2024
9. ADMINISTRATIVE STAFF REPORTS
9.1Consider adoption of Resolution No. 7-2024, authorizing Community
Events Support for Calendar Year 2024; and Resolution No. 8-2024,
authorizing Exemption from Danville Ordinance No. 96-10 for the
Oktoberfest Danville, October 20, 2024
Lianna Adauto, Economic Development Specialist, and Jenn Starnes,
Communication and Economic Development Manager, presented the staff
report.
Mayor Stepper opened the item to public comment.
There were no speakers.
Mayor Stepper closed the item to public comment.
MOTION BY COUNCILMEMBER MORGAN, SECOND BY COUNCILMEMBER
MORGAN, TO ADOPT RESOLUTION NO. 7-2024, AUTHORIZING COMMUNITY
EVENTS SUPPORT FOR CALENDAR YEAR 2024
MOTION CARRIED 5-0
MOTION BY COUNCILMEMBER MORGAN, SECOND BY COUNCILMEMBER
ARNERICH, TO ADOPT RESOLUTION NO. 8-2024, AUTHORIZING EXEMPTION
FROM DANVILLE ORDINANCE NO. 96-10 FOR THE OKTOBERFEST DANVILLE,
OCTOBER 20, 2024
MOTION CARRIED 5-0
10. TOWN COUNCIL REPORTS
10.1Town Council updates
Councilmembers provided updates on events and activities in Danville.
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DANVILLE TOWN COUNCIL
SUMMARY OF ACTIONS
FEBRUARY 6, 2024
11. ADJOURN TO CLOSED SESSION
The regular meeting of the Danville Town Council was adjourned at 6:32 p.m. in
memory of Terri Donner, Danville Administrative Assistant, as well as three
United States soldiers who lost their lives in Jordan on January 28, 2024.
12. CALL TO ORDER CLOSED SESSION
The closed session of the Danville Town Council was called to order at 6:39 p.m.
12.1Public comment
There were no speakers.
12.2Closed Session - Existing Litigation, Government Code Section
54956.9(a). Name of Case: Town of Danville v. Contra Costa County, et al.,
Contra Costa County Superior Court, Case No. MSN21-1525
12.3Report on Closed Session
Mayor Stepper reported that the Town Council unanimously authorized
the filing of appeals of the Superior Court’s rulings on Town requests to
recover costs and attorneys’ fees in this case.
13. ADJOURNMENT
The closed session of the Danville Town Council was adjourned at 6:51 p.m.
_______________________________ _____________________________
Karen Stepper, Mayor Marie Sunseri, City Clerk
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