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Home My WebLink About071525-06.1 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 and Closed Session SUMMARY OF ACTIONS July 1, 2025 - DRAFT 1. CALL TO ORDER The regular meeting of the Danville Town Council was called to order by Mayor Morgan at 5:00 p.m. at the Town Meeting Hall, 201 Front Street, Danville, CA. Present: Renee Morgan, Mayor Newell Arnerich, Vice Mayor Mark Belotz, Councilmember Robert Storer, Councilmember Excused: Karen Stepper, Councilmember 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance to the flag was led by Diane Friedmann. 3. CHANGES TO THE ORDER OF THE AGENDA Town Manager Tai Williams recommended that item 10.2 be deferred to a future meeting due to the absence of Councilmember Stepper. 4. FOR THE GOOD OF THE TOWN There were no speakers. 5. PRESENTATIONS AND PROCLAMATIONS 5.1Swearing-in of new Commission and Board members by City Clerk Marie Sunseri City Clerk Marie Sunseri administered the oath of office to new Commission and Board members. DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JULY 1, 2025 5.2Presentation of a proclamation proclaiming July 2025 as Parks and Recreation Month Mayor Morgan presented the proclamation. 6. CONSENT CALENDAR 6.1Consider approval of the Summary of Actions from the regular Town Council meeting of June 17, 2025 6.2Consider approval of the Register of Demands 6.3Consider adoption of Resolution No. 48-2025, approving a Notice of Completion for the Diablo Road Trail Tree Removal Project, CIP No. C-055 6.4Consider adoption of Resolution No. 49-2025, authorizing the Town Manager to execute a contract with Arora Tennis for Recreation Services for Fiscal Year 2025/26 6.5Consider adoption of Resolution No. 50-2025, authorizing the Town manager to approve a contract with Advantage Mailing, Inc. (DBA Casey Printing) for Recreation Services for Fiscal Year 2025/26 6.6Consider adoption of Resolution No. 51-2025, authorizing the Town Manager to execute a contract with Z-Sports (dba Skyhawks Sports) for Recreation Services for Fiscal Year 2025/26 MOTION BY COUNCILMEMBER STORER, SECOND BY VICE MAYOR ARNERICH, TO APPROVE THE CONSENT CALENDAR MOTION CARRIED 4-0-0-1; COUNCILMEMBER STEPPER ABSENT 7. TOWN MANAGER’S REPORT 7.1 Monthly Town Manager’s report by Tai Williams Tai Williams provided the report. 2 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JULY 1, 2025 City Clerk Marie Sunseri announced that the Town is having technical difficulties with the audio for the external broadcast of this meeting. Viewers of the meeting via the website will be able to see the meeting but not hear the proceedings, and a back-up audio is being recorded for future use. 8. PUBLIC HEARINGS 8.1Consider adoption of Resolution No. 52-2025, denying an appeal and upholding the Planning Commission’s action conditionally approving Development Plan request DEV24-0009 allowing the development of The Ivy, a 105-unit assisted living facility, and Tree Removal Permit request TR25-0013 to allow the removal of five Town-protected trees. The property is located at 828 Diablo Road, currently occupied by Sloat Garden Center (APN: 196-270-029) Associate Planner Riley Anderson-Barrett and Chief of Planning David Crompton presented the staff report and responded to questions from the Town Council. City Attorney Rob Ewing responded to questions regarding findings and exemptions. Mayor Morgan opened the item to public comment. Colin Bagwell, O & I Development, applicant, presented an overview of the project, background, community outreach efforts, redesign based on community feedback, regulatory oversight, remediation, and the concerns raised in the appeal, and responded to questions from the Town Council. Sadie Bodiford, Terracon Project Manager, presented site history, environmental overview and proposed next steps, and responded to questions from the Town Council. Celeste Haase, B. Hills Architecture, addressed questions regarding parking redesign, exterior light fixture dark sky requirements, screen trees, and retaining wall screening. 3 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JULY 1, 2025 John Phillips, appellant, presented the basis for the appeal, and expressed opposition to the project due to contaminants on the site and concerns regarding Oakmont Senior Living. Gary Parsons, owner of the property, provided history of the property and selection of a developer. The following speakers expressed opposition to the project as proposed: Kristen Phillips Matthew Slattengren Mark Cox Rudy Spitz Dewey Duran Randy Johnson Dani O’Connell Rosa Fierro Lou Gurney Don Andres The following individuals submitted speaker cards in opposition of the project and did not choose to address the Town Council. Joanne Haukland Eileen Kahn Erik Kahn Mayor Morgan closed the item to public comment. Colin Bagwell and Sadie Bodiford provided clarification and responded to concerns regarding overflow parking and emergency vehicle access on Betten Court; Phase II environmental site investigation; environmental concerns; retaining wall and fencing. Alex Garber, EPD Solutions, provided information on the traffic study and responded to concerns. 4 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JULY 1, 2025 Mr. Crompton provided information on the traffic concerns and responded to concerns raised regarding project review, granting of waivers, state laws, and development standards. City Attorney Rob Ewing provided clarification regarding what would be required for the Town to deny the project. Councilmember Storer requested further testing for airborne and environmental toxins that could affect neighboring properties to determine exactly what is on site and ensure adequate remediation. Colin Bagwell and Sadie Bodiford discussed the recognized environmental conditions and the limited site assessment. They further explained the testing and remediation process. City Attorney Rob Ewing and Vice Mayor Arnerich discussed the approval process and conditions of approval. Councilmembers expressed frustration with state mandates and the Town’s lack of authority in regards to housing and thanked the community for participating in the process. MOTION BY COUNCILMEMBER STORER, SECOND BY VICE MAYOR ARNERICH, TO ADOPT RESOLUTION NO. 52-2025, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S ACTION CONDITIONALLY APPROVING DEVELOPMENT PLAN REQUEST DEV24-0009 ALLOWING THE DEVELOPMENT OF THE IVY, A 105-UNIT ASSISTED LIVING FACILITY, AND TREE REMOVAL PERMIT REQUEST TR25-0013 TO ALLOW THE REMOVAL OF FIVE TOWN-PROTECTED TREES. THE PROPERTY IS LOCATED AT 828 DIABLO ROAD, CURRENTLY OCCUPIED BY SLOAT GARDEN CENTER (APN: 196-270-029); INCLUDING THE FOLLOWING AMENDMENTS: 1.PAGE 14, ITEM G.9 AND G.10, A PHASE 2 STUDY MEETING ASTM STANDARDS SHALL BE COMPLETED WITH APPLICANT PAYING FOR TOWN TO HAVE A THIRD PARTY REVIEW OF THE REMEDIATION PLAN; AND 2.ANGLE PARKING SPACES IN REAR TO 60 DEGREES TO GAIN ADDITIONAL LANDSCAPE AREAS AGAINST THE WALLS OF THE FACILITY, SUBJECT TO REVIEW AND APPROVAL BY FIRE DISTRICT; AND 5 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JULY 1, 2025 3.ADD LANGUAGE TO ADDRESS NEW STATUTORY EXEMPTION WITH FINDINGS AS TO WHY THE PROJECT IS SUBJECT TO STATUTORY EXEMPTION UNDER PRC 21080.66 NEW SECTION ADDED BY AB130 EFFECTIVE JULY 1, 2025; AND 4.PAGE 10, ITEM D.1, ALL EXTERIOR LIGHTING SHALL MEET DARK SKY LIGHTING STANDARDS MOTION CARRIED 4-0-0-1; COUNCILMEMBER STEPPER ABSENT 9. ADMINISTRATIVE STAFF REPORTS 9.1Consider adoption of Resolution No. 53-2025, approving Employee Salary Ranges for Fiscal Year 2025/26 City Attorney Rob Ewing presented the staff report. Mayor Morgan stated that Government Code Section 54953(c)(3) of the Brown Act requires that before changes in salary or compensation can become effective for the Town Manager, City Attorney or department heads, the Town Council must verbally summarize those changes. As part of the Town Council’s adoption of the Town’s Operating Budget for fiscal year 2025/26, the Town approved a 3% increase in the salary ranges for all employee classifications, but the verbal summary was not provided. Therefore, Resolution No. 53-2025, re-adopts the new ranges, which affect the following positions subject to Section 54953: (1) the salary range for the Assistant Town Manager was set at $14,108 to $19,313; and, (2) the salary range for all department heads was set at $12,556 to $17,203. There were no changes to fringe benefits for any employees and there were no changes in compensation of any kind for the Town Manager or City Attorney. For the positions listed, only the salary ranges were changed. Any actual increase in compensation will be determined under the Town’s Pay for Performance system. There are no automatic increases or cost of living adjustments for any employee. Mayor Morgan opened the item to public comment. There were no speakers. Mayor Morgan closed the item to public comment. 6 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JULY 1, 2025 MOTION BY VICE MAYOR ARNERICH, SECOND BY COUNCILMEMBER STORER, TO ADOPT RESOLUTION NO. 53-2025, APPROVING EMPLOYEE SALARY RANGES FOR FISCAL YEAR 2025/26 MOTION CARRIED 4-0-0-1; COUNCILMEMBER STEPPER ABSENT 10. TOWN COUNCIL REPORTS 10.1TRAFFIX Measure J Traffic Congestion Relief Agency report by Vice Mayor Arnerich and Councilmember Stepper Vice Mayor Arnerich provided the report. 10.2Tri-Valley – San Joaquin Valley Regional Rail Authority report by Councilmember Stepper DEFERRED 10.3Town Council updates Councilmembers provided updates on events and activities in Danville. 11. ADJOURN TO CLOSED SESSION The regular meeting of the Danville Town Council adjourned to a closed session at 9:23 p.m. 12. CLOSED SESSION Mayor Morgan called the closed session to order at 9:26 p.m. 12.1Public comment There were no speakers. 12.2Closed Session - pending litigation, Case Name Ido Adler v. Town of Danville, Contra Costa County Superior Court Case No. N2401615 12.3Report on Closed Session 7 DANVILLE TOWN COUNCIL SUMMARY OF ACTIONS JULY 1, 2025 Mayor Morgan reported out of closed session that no action was taken. 13. ADJOURNMENT The closed session of the Danville Town Council adjourned at 9:35 p.m. _______________________________ ___________________________ Renee Morgan, Mayor Marie Sunseri, City Clerk 8