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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. 2 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. 3 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. 4 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 5 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. 6 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. 7 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 8