10/01/2024 City Council Minutes Page 1 of 7
MINUTES OF THE DAVIS CITY COUNCIL
Meeting of October 1, 2024
The City Council of the City of Davis met in regular meeting session beginning at 6:41 p.m. in the Community Chambers, 23 Russell Boulevard, Davis, California. The meeting was called to order by Mayor Josh Chapman.
Roll Call: Councilmembers Present: Will Arnold, Donna Neville, Gloria Partida, Bapu Vaitla, Josh Chapman
Councilmembers Absent: None
Other Officers Present: City Manager Mike Webb , City Attorney Inder Khalsa, City Clerk Zoe Mirabile
Approval of
Agenda
W. Arnold moved, seconded by D. Neville, to approve the agenda.
Motion passed unanimously.
Ceremonial
Presentations
A. Proclamation Recognizing October 24 as United Nations Day, pre- sented by B. Vaitla
B. Proclamation Recognizing October as Dysautonomia Awareness Month, presented by W. Arnold
C. Proclamation Recognizing the 40th Anniversary of Davis Music The- atre Company, presented by G. Partida
D. Proclamation Recognizing the 50th Annivers ary of the City’s Curbside Recycling Program, presented by D. Neville
City Council recessed at 7:03 p.m. and reconvened at 7:23 p.m.
City Manager
Announce-
ments
M. Webb: October 13—Davis Neighbors Night Out event. October 1 -3 predicted heat wave, highlighted places to stay cool inside and available resources. October is Fire Prevention Month. October 19 —Fire Station 31 Open House.
City Council
Announce-
ments and Li-
aison Reports
None.
Public Com-
ments
• Dorte Jensen: Read written remarks by Beth Bourne. Received a no trespass order from DJUSD. Reported to Davis P olice Department that she was being harassed.
• Beth Bourne: Chair of Moms for Liberty Yolo County. Concerned with what is being taught in schools regarding gender. Moms for Liberty should not be labeled as a hate or extremist group.
10/01/2024 City Council Minutes Page 2 of 7
• Anoosh Joran: Southern Poverty Law Center has classified Moms for Liberty and Yolo County Moms for Liberty as hate groups. People do not have the right to interfere in the education of children or intervene in parents’ experience of back to school night.
• Alan Miller: The city is spending over available resources. Oppose Measure Q sales tax.
• Connor Gorman: Consent calendar item Property Tax Management and Audit Services —city should be trying to levy taxes in the most progressive way possible. Consent calendar item Investment Advi- sory Services—city’s investment strategy and policy should be ethi- cal. Consent calendar item Measure T library tax—support.
Consent Cal-
endar
Task Order No. 6 for On-Call Engineering Services Under 2023 On-Call Master Agreement for the 2025 Pavement Condition Survey and Pave- ment Management Program Update, CIP No. ET8250
Approve Resolution No. 24-142 – Authorizing the City Manager to Exe- cute Task Order 6 Under the Professional Services Agreement with Nich- ols Consulting Engineers for the 2025 Pavement Condition Survey and Pavement Management Program (PMP) Update
Purchase and Sale Agreement for Temporary Construction Easement and Permanent Easements for Ric hards Boulevard / I -80 Interchange Project, CIP No. ET8730
Approve Resolution No. 24-143 – Approving a Purchase and Sale Agree- ment for a Temporary Construction Easement and Permanent Ease- ments at 980 Olive Drive for the Upcoming Richards Boulevard / I -80 Interchange Project
Professional Services Agreement for Property Tax Management and Au- dit Services
Approve Resolution No. 24-144 – Authorizing the City Manager to Exe- cute a Professional Services Agreement with HDL Coren & Cone for Pro- fessional Property Tax Management and Audit Services
Contract Amendment for Investment Advisory Services
Approve Resolution No. 24-145 – Authorizing the City Manager to Exe- cute Amendment to Contract for Professional Services with PFM Asset Management (Now US Bancorp Asset Management)
Fire Protection Services Contract with the Springlake Fire Protection Dis- trict for Emergency Response and Prevention Services
Approve Resolution No. 24-146 – Authorizing the City Manager to Exe- cute a Contract with the Springlake Fire Protection District to Provide Fire Protection Services
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Office of Traffic Safety and Alcoholic Beverage Control Grant for Minor Decoy and Shoulder -Tap Program, Selective Traffic Enforcement Pro- gram, and Pedestrian and Bicycle Safety Program
Approve Resolution No. 24 -147 – Accepting Department of Alcoholic Beverage Control and Office of Traffic Safety Grant Funds and Amend- ing the FY24-25 Budget to Incorporate Funding Received
2023 and 2024 Downtown Historical Survey Evaluations – Downtown Properties
Approve Resolution No. 24 -148 – Accepting the 2023 and 2024 Down- town Historical Resources Survey Evaluations for Inclusion in the City’s Cultural Resources Inventory
Support Measure T – Community Facilities District No. 1989 -1 (Davis Branch Library)
Approve Resolution No. 24 -149 – in Support of Yolo County Placing Measure T, a Parcel Tax Increase to Fund Expansion of Library Ser- vices, on the November Ballot
Development Impact Fee Annual AB 1600 Report for FY 2022-23 Receive Annual Development Impact Fee Report prepared pursuant to Government Code Sections 66006(b) and 66001(d ) for the fiscal year ending June 30, 2023
Replacement Downtown Decorative Lighting Update
Receive update on efforts of City staff developing an implementation plan for installation of decorative lighting in the downtown
2024 Davis Conflict of Interest Code Biennial Review Notice Receive the Conflict of Interest Code Local Agency Biennial Review No- tice. Staff will return to Council with proposed amendments to the Conflict of Interest Code.
Second Reading: Ordinance Amending Chapter 39 of the Davis Munici- pal Code Relating to the Administrative Process for Setting Water Rates, and Making a Determination of Exemption Under CEQA Pursuant to Sections 15061(B)(3), 15378(A), And 15378(B)(4)
Adopt Ordinance No. 2667 (Introduced 09/17/2024)
Commission Minutes:
1. Historical Resources Commission Meeting of August 19, 2024
2. Planning Commission Meetings of June 26, 2024
Informational
Proclamation Recognizing October as Fire Prevention Month Informational
10/01/2024 City Council Minutes Page 4 of 7
D. Neville moved, seconded by B. Vaitla, to approve consent calendar.
Motion passed unanimously.
Public
Hearing: Con-
sider the Des-
ignation of
305 E Street
as a Merit Re-
source on the
Davis Regis-
ter of Histori-
cal Re-
sources
Senior Planner Eric Lee : 305 E Street is located in the Downtown Spe- cific Plan. Summarized historic designation process, including consider- ation by the Histor ical Resources Management Commission. Historic survey concluded that site is not eligible for state register but is eligible for local register based on local designation criteria that building embod- ies distinctive characteristics of a type, period, architectural style or method of construction.
Mayor Chapman opened the public hearing.
• Alan Miller: Should preserve history and designate building. • Justin Zucker, Reuben, Junius & Rose, LLP representing property owner: Proposed development project design is consistent with Downtown Specific Plan requirements for corner lots, which is only possible after demolition of the existing building. The property has lost design integrity in mass and orientation. Ownership is willin g to transfer ownership of the building if interest is expressed.
Mayor Chapman closed the public hearing.
J. Zucker: Developer is willing to contribute the lesser of approximate demolition cost of $40,000 or the cost to move the building.
G. Partida moved, seconded by W. Arnold, as follows:
1. Approve Resolution No. 24-150 - Determining to Not Designate 305 E Street as a Merit Resource on the Davis Register of Historical Re- sources.
2. Direct staff to document the developer’s commitment to transfer own- ership of the building and contribute costs for building relocation.
Motion passed unanimously.
Inclusionary
Housing Al-
ternatives
Assistant City Manager Kelly Stachowicz and Community Development Director Sherri Metzker: In July 2023, Council adopted a multifamily in- clusionary housing ordinance which requires 15% of units in a project with seven or more units to be affordable, with affordability levels split evenly between low income units and very low income units. The ordi- nance provides a basic structure for inclusionary requirements, however, details to meet the requirement through alternative options were to be established at a later date by resolution. Possible alternative options for consideration: land dedication, fi nancial contribution s to Affordable Housing Fund, off-site development, or combination. Summarized differ- ences between discretionary and non-discretionary projects. Resolution 10/01/2024 City Council Minutes Page 5 of 7
will need to provide options for both non-discretionary and discretionary projects.
Staff is seeking feedback on two issues:
1. Financial contributions (in-lieu fees or ongoing revenue streams) • Allow in-lieu fees for non-fractional (whole) units?
• Allow in-lieu fees (to generate one-time revenue) for non-frac- tional (whole) units?
• If so, should the amount generated represent the full cost of building a unit, the difference between a market and an afforda- ble unit, or something different?
2. Vertical mixed-use projects
• Interest in providing an incentive for vertical mixed-use develop- ments through the inclusionary housing requirements?
• Adjustments to the list of prohibited or permitted ancillary uses on the ground floor of a development?
• If interest in incentivizing, are there desire parameters such as only allowing in specific locations, or with a certain size project? • Interest in exploring other means of incentivizing vertical mixed use (such as through City fees, incentives for greater amounts of ground floor commercial, etc.)?
City Attorney Inder Khalsa: State law asks cities to develop alternatives.
Suggest at least one alternative be objective to comply with state law and the remaining alternatives can be discretionary.
Public comments:
• Victor Lagunes: Should require units to be built. Co nsider ongoing revenue instead of in-lieu fees.
• Alan Miller: Question the definition of inclusionary. • Judy: Vertical mixed use—should retain 15% requirement. Land ded- ication has been the most successful path to affordable housing in the past. Support ongoing revenue stream option.
• Connor Gorman: Prioritize affordable accessible units on-site and on par with market rate units. In-lieu fees should be sufficient to cover the cost of building affordable units.
• Ellen Kalorik: Percentage should be at least 15%. Should not allow developers to negotiate percentage down. In-lieu fees should be com- mensurate with what is needed to build the unit. Prioritize building units over paying in-lieu fees.
B. Vaitla moved, seconded by W. Arnold, to provide feedback to staff regarding vertical mixed-use developments as follows:
• No interest in providing incentives through inclusionary housing re- quirements
10/01/2024 City Council Minutes Page 6 of 7
• Explore other means to incentivize
• Support staff proposed list of uses that could be permitted or prohib- ited ancillary ground floor uses
• Support staff recommendation that no more than 75% of the ground floor space be used for permitted ancillary uses in order for a devel- opment to be considered vertical mixed use.
Motion passed unanimously.
B. Vaitla moved, seconded by J. Chapman, to provide feedback to staff regarding a nondiscretionary alternate option to meet affordable housing requirements as follows:
• Nondiscretionary alternative will be an ongoing revenue stream in lieu fee that is a calculation with net present value of the total market value of constructing affordable unit. Value to be adjusted every year for inflation and costs.
Motion passed unanimously.
City Attorney Inder Khalsa: Ongoing reve nue stream can be objective.
Council may want to consider whether to know more about financial via- bility of project before committing to ongoing revenue stream.
K. Stachowicz: Staff can come back with recommended parameters for council to consider building into option.
B. Vaitla moved, seconded by W. Arnold, to provide feedback to staff regarding a discretionary alternate option to meet affordable housing re- quirements as follows:
1. Discretionary alternative will not contain a list of options.
2. Developer will be required to make a strong financial case for select- ing the discretionary option /demonstrate why they can’t meet the 15% affordable unit requirement.
3. Developer shall draft a proposal to present to Social Services Com- mission for review and recommendation. The proposal will then pro- ceed with current review/approval process which may include Plan- ning Commission and/or City Council.
Motion passed unanimously.
M. Webb: Staff will return to Council with percentage requirements for ground floor retail. Will bring as separate matter with Downtown Plan and zoning. Understand Council direction for no incentives for vertical mixed use related to inclusionary requirements.
AB 1234 Re-
porting
None
10/01/2024 City Council Minutes Page 7 of 7
Long Range
Calendar
M. Webb: Next regular meeting October 15. November 19—ceremonial recognition of Police Chief retirement and swearing in new Police Chief.
Public comment:
• Alan Miller: Some public commenters want camera angle in cham- bers to go back to prior previous display.
Adjournment Meeting was adjourned at 9:41 p.m.
Zoe Mirabile
City Clerk