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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Davis City Council Meeting: August 27, 2024 – Oakshade Rezone, Shriners EIR Alternatives, and Awards

City Council & Planning Commission — Tuesday, August 27, 2024

BodyDavis, California

SessionCity Council & Planning Commission

DateTuesday, August 27, 2024

StatusFILED

Video Record

0:00 / 1:50:34

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:04

Good evening.

0:06

Welcome to the uh Tuesday, August 27th, uh Davis City Council meeting.

0:11

Uh let the record reflect at 6 35.

0:13

We'll call the meeting to order.

0:15

Also let the record reflect that my uh four colleagues are here present and ready to tackle tonight's agenda.

0:21

Uh it's great to see everybody back here uh in chambers after nearly a month long recess.

0:26

So uh welcome back uh to everyone who is is uh here this evening.

0:31

Um I will turn to one of my colleagues for a motion to approve the agenda.

0:36

Second.

0:37

Motion by Councilmember Arnold, second by councilmember Neville.

0:40

Any further discussion on our agenda?

0:43

All right, all in favor, please say aye.

0:45

Aye.

0:46

Aye.

0:47

All right, motion carries unanimously.

0:49

We are on to agenda item 1A, City Manager brief announcements.

0:52

We will turn to our city manager Mike Webb.

0:54

Thank you very much.

0:55

Uh Mayor Chapman, City Council, good evening.

0:58

Uh, have a few announcements for you tonight.

1:00

One is uh very proud to announce that the city has won a uh uh a major award, uh in this case uh the recycling award for outstanding zero waste award from the California Recovery Association.

1:14

Uh and this also marks 50 years of curbside recycling in Davis, and that is a huge landmark as Davis was one of the pioneers of this uh in the state and in the country.

1:25

Um Davis is also a regional leader uh in recycling and uh also in the uh newer round of statewide waste diversion rules uh under SB 1383.

1:37

So the city's recycling program received the prestigious Outstanding Zero Waste Award.

1:43

Uh and this award is given annually to a business, government agency or uh community-based organization that has excelled in implementing comprehensive programs and services to reduce, reuse, recycle, or compost resources that would otherwise have been wasted.

2:01

Uh so big kudos to our community members, uh our residents, our businesses, for their active participation and their superb sorting of those materials into the various appropriate bins.

2:14

Uh, but also kudos to our public works utilities and operations team, of course, uh pictured here in the center, of course.

2:21

Jennifer Gilbert from our team, as you know, um, and uh Reps from Recology, uh our uh waste diversion partner.

2:30

Um Davis received the award not only for carrying on a comprehensive recycling program for 50 years, uh, but for being a regional leader in recycling and waste reduction programs, particularly with regard to the new statewide uh SB 1383 uh waste diversion rules.

2:48

Uh this extensive set of state rules under 1383 aims to keep organic waste such as paper, cardboard, food scraps, yard materials, uh, et cetera, out of landfills.

2:59

And so our team has uh actually been very much ahead of the curve uh in the state uh with uh implementation of 1383, so much so that the state reps came to Davis to see how we were implementing the new rules that they uh put in place uh so that they could uh help promulgate those to other jurisdictions.

3:18

Uh so and again, as I said, uh this year uh Davis celebrates 50 years of curbside recycling this year.

3:25

So just huge shout out to the community, um our community partners with uh Recology and to our staff team for all of their diligence in uh making all this possible.

3:38

Okay, so with this time of year comes back to school.

3:41

So and with back to school comes cycling tips.

3:44

So our active transportation team uh is hard at work uh working with the schools with the the children with the school district on our uh safe uh routes to schools program, our street street smarts program.

3:58

Uh so we want to welcome back DJUSD students, staff, parents to the new school year.

4:03

Uh we have uh social city social media um uh posts going up for back to school bike tips uh all of this week.

4:11

Um city of davis.org slash bikes.

4:14

Uh so summers over students uh starting up again yesterday.

4:18

Uh you know, being uh getting awareness out there to have awareness uh for walkers for cyclists, um check out the social media posts that we have uh and for uh city bike rules, safe routes to schools, uh maps.

4:34

Uh we also have in there the uh the tracking program that the school uh school district has partnered on where uh the school kids can check in on the app when they uh arrive at school so parents knows know that they've arrived safely.

4:52

Uh lots of different things in the works uh along with uh in partnership with the district uh school district.

5:00

Uh Labor Day holiday coming up September 2nd.

5:02

City offices will be closed that Monday on the 2nd in observance of Labor Day.

5:08

Emergency services, of course, will remain unaffected by that.

5:12

And uh huge shout out and thanks to our our team, our city employee team uh for their service.

5:19

And then uh my last announcement tonight is we have an event coming up on September 6th, Make Davis Sparkle.

5:26

Um we, the City of Davis in partnership with the Chamber of Commerce, uh DDBA, Davis Picks It Up uh Organizations uh and others who will be uh out there helping uh volunteer from city departments, including city departments, but also volunteers from the community uh coming out to uh do a big cleanup effort in our downtown.

5:48

Uh so we are also calling on the volunteers to help with that.

5:52

It's gonna be from 7 to 9 a.m.

5:54

on September 6th.

5:55

Uh, we're looking for volunteers to assist with uh trash and recycling pickup, uh receptacles, uh, landscape beautification, uh, some light gardening activities, um, and we're gonna be doing a lot of uh sidewalk washing uh that day also earlier in the morning to get things prepped.

6:13

Um so uh more information uh is gonna be coming out on social media and on our website website to uh really advertise this.

6:21

So we appreciate all the partnerships in this and helping uh beautify our downtown and look forward to more of that to come uh with our partners uh here uh with the chamber and DDBA uh moving ahead too.

6:35

So thank you very much.

6:37

Thank you, Mike.

6:39

All right, we're on on to agenda, excuse me.

6:41

Item one B city council brief announcements and liaison reports from various two by two meetings, uh commissions and jurisdictional appointments.

6:48

Do any of my colleagues have any brief reports?

Discussion Breakdown — Share of Meeting

Public Comment█████████████████████████25%

Procedural███████████████████19%

Urban Forestry Management████████████████16%

Annexation█████████████13%

Zoning Regulation███████████11%

Environmental Protection███████7%

Housing███3%

Land Use███3%

Public Works██2%

Summary of Proceedings

Davis City Council Meeting – August 27, 2024

The Davis City Council met on Tuesday, August 27, 2024, at 6:35 PM in the Community Chambers. The meeting covered a public hearing on the Oakshade Town Center Planned Development Amendment and Rezone, a review of alternatives for the Shriners Project Environmental Impact Report (EIR), consent calendar approvals, and public comments on tree ordinance enforcement. Key decisions included approval of the Oakshade amendments with a commitment to assess tree shade compliance, and direction to conduct deeper analysis on two EIR alternatives for the Shriners project.

Consent Calendar

Item 3A: Approved Resolution awarding a contract to Carone & Company, Inc. for the 2024 Pavement Rehabilitation Project on Colusa Ave and Juniper Place (CIP ET8250), finding the project exempt from CEQA.
Item 3B: Approved Resolution increasing construction contingency for Yancy-Gwerder, Inc. for the Lake Terrace Sewer Relocation and Abandonment and Service Lateral CIPP Liner and Connection Seal – 2024 (CIP ET8166).
Item 3C: Approved Resolution approving the City of Davis HOME-ARP Allocation Plan and authorizing the City Manager to submit it to HUD. Councilmember Partida clarified that this is independent of the recent respite center funding decision.
Item 3D: Adopted second reading of an ordinance amending sections of Chapter 32 of the Davis Municipal Code (exempt from CEQA).
Item 3E: Adopted second reading of an ordinance clarifying provisions related to certain commissions in Chapters 6, 15, 22, and 29.
Item 3F: Adopted second reading of an ordinance adding Citywide Objective Design Standards for qualifying mixed-use and multi-family housing developments (exempt from CEQA).
Item 3G: Received informational minutes from the Historical Resources Management Commission meeting of February 26, 2024.
The consent calendar was approved unanimously (5-0) on a motion by Councilmember Partida, second by Vice Mayor Vaitla.

Public Comments & Testimony

General Public Comment (Item 2):
- Alan Hirsch, speaking for the city’s trees, expressed concern that new apartment complexes in South Davis lack sufficient tree spots to meet the 50% shade ordinance. He stated that the city’s methodology for calculating shade is inadequate and has not been updated for 15 years, despite three tree commission drafts that were not brought to council. He urged enforcement of existing tree laws.
- Connor Gorman (individual) spoke in support of UC workers in contract negotiations, specifically UC librarians (UCAFT) and patient care/service workers (AFSME 3299), calling for community support.
- Michael Shearer, retired certified arborist, urged the city council to enforce regulations requiring permits and evaluation before pruning or removing mature trees on multi-unit housing and parking lots, citing widespread destruction of mature trees in Davis.
Public Hearing on Oakshade Town Center (Item 4):
- Jennifer Hess (Regency Centers) stated that the two vacant former junior anchor spaces (21,000 sq ft former Office Max and 17,000 sq ft former Rite Aid) are being marketed, but size restrictions in the current PD hamper leasing. She noted a signed lease contingent on removing the 15,000 sq ft cap and negotiations with the existing grocery store to expand into the former Rite Aid space.
- Alan Hirsch repeated concerns about tree ordinance compliance at Oakshade, stating the site is in violation (50% shade in 50 years, but only 30 years in; dead/dying trees, no irrigation maintenance). He urged the council to enforce the law before approving the amendment.
- Connor Gorman (pre-recorded) generally supported increased flexibility but stressed the need for a pharmacy and hoped for mixed-use residential if buildings are ever replaced.
- Alan Pryor (pre-recorded) noted the shopping center is misnamed (no oaks, no shade) and urged the council to require full compliance with the parking lot tree ordinance.
Shriners Project EIR Alternatives (Item 5):
- Alan Hirsch questioned the VMT per capita calculations, stating that density alone does not reduce VMT and that the preliminary estimates lack supporting data, making them unverifiable. He requested more transparency.
- Connor Gorman (pre-recorded) supported higher density and a variety of alternatives.
- Greg Crawford (individual) urged consideration of transit and alternative transportation to reduce VMT.
- Ron (individual) noted that the EIR process is about studying alternatives and encouraged moving forward.
- George Phillips (applicant’s representative) stated that the alternatives presented are more detailed than typical at this stage and urged the council to let the process proceed.
Long Range Calendar (Item 6B):
- Alan Hirsch suggested updating standard conditions of approval to include stronger tree enforcement, modeled on the DISC development agreement.

Discussion Items

Item 4 – Oakshade Town Center Planned Development Amendment and Rezone:
- Staff (Principal Planner Dara Dungworth) presented the proposal to modify allowed uses, reclassify conditional uses, and remove size limits in the neighborhood commercial area. Planning Commission had recommended approval but moved residential and office uses back to conditional; staff recommended keeping them as permitted. The council discussed:
  - Councilmember Neville: Supported by-right residential and office uses to promote mixed use.
  - Vice Mayor Vaitla: Asked property owner about tree shade compliance. Jennifer Hess committed to conducting an arborist report, assessing deficiencies, and providing a timeline for remediation.
  - Councilmember Arnold: Questioned why other use changes (banks, movie theaters, more restaurants) were included now rather than in an omnibus ordinance. Staff explained this is a test case for a broader effort to update multiple shopping centers. Councilmember Arnold also emphasized the importance of retaining a pharmacy for the community.
  - Councilmember Partida: Supported the amendments and stressed the need for community gathering spaces beyond downtown.
  - City Attorney Inder Khalsa clarified that a zone change cannot be conditioned on tree compliance, but future building permits can require code compliance. Staff committed to peer review the arborist report and work with the owner on tree shade compliance. City Manager Mike Webb also committed to reinstituting 2x2 meetings with the Chamber of Commerce and DDBA.
Item 5 – Shriners Project EIR Alternatives Review:
- Staff presented six revised preliminary alternative concepts: (1) No project; (2) Fewer units, same footprint; (3) Same units, smaller footprint (does not meet 15% VMT per capita reduction); (4) Smaller footprint, increased density (30% reduction); (5) Increased units, same footprint (28% reduction); (6) Off-site project. The council discussed VMT per capita methodology. Traffic consultant Greg Barons explained the difference between VMT per capita and total VMT. Vice Mayor Vaitla recommended deeper analysis on alternatives 4 and 5, which showed the greatest potential VMT reductions. Councilmember Neville asked about the baseline, and staff noted that the city has not adopted a local VMT threshold, relying on state guidelines and industry standards. The council agreed to proceed with the staff recommendation to do a deeper dive on alternatives 4 and 5.
Item 6A – AB 1234 Reporting: Councilmember Arnold reported a $300 city-paid expense for a SACOG board peer region tour in Denver.
Item 6B – Long Range Calendar: City Manager noted the next meeting is September 3, 2024, with the AB 1600 report shifted to September 17. Councilmember Neville requested an update on county-level crisis now funding and the city’s allocated funds for receiving centers.

Key Outcomes

Oakshade Town Center Amendment: Approved unanimously (5-0) on a motion by Councilmember Neville, second by Councilmember Partida. The ordinance will make residential and office uses permitted (by right) and remove size restrictions. Property owner committed to an arborist report and remediation of tree shade deficiencies. Staff will follow up on code compliance and reinstate 2x2 meetings with the Chamber and DDBA.
Shriners Project EIR Alternatives: Approved unanimously (5-0) a motion by Vice Mayor Vaitla, second by Councilmember Arnold, to proceed with staff’s recommendation and conduct a deeper analysis on alternatives 4 and 5. The draft EIR will include these alternatives with more quantitative detail.
Consent Calendar: All items approved unanimously.
Public Comments: Tree ordinance enforcement and UC worker support were noted; no formal council action taken.

Meeting Transcript

Good evening. Welcome to the uh Tuesday, August 27th, uh Davis City Council meeting. Uh let the record reflect at 6 35. We'll call the meeting to order. Also let the record reflect that my uh four colleagues are here present and ready to tackle tonight's agenda. Uh it's great to see everybody back here uh in chambers after nearly a month long recess. So uh welcome back uh to everyone who is is uh here this evening. Um I will turn to one of my colleagues for a motion to approve the agenda. Second. Motion by Councilmember Arnold, second by councilmember Neville. Any further discussion on our agenda? All right, all in favor, please say aye. Aye. Aye. All right, motion carries unanimously. We are on to agenda item 1A, City Manager brief announcements. We will turn to our city manager Mike Webb. Thank you very much. Uh Mayor Chapman, City Council, good evening. Uh, have a few announcements for you tonight. One is uh very proud to announce that the city has won a uh uh a major award, uh in this case uh the recycling award for outstanding zero waste award from the California Recovery Association. Uh and this also marks 50 years of curbside recycling in Davis, and that is a huge landmark as Davis was one of the pioneers of this uh in the state and in the country. Um Davis is also a regional leader uh in recycling and uh also in the uh newer round of statewide waste diversion rules uh under SB 1383. So the city's recycling program received the prestigious Outstanding Zero Waste Award. Uh and this award is given annually to a business, government agency or uh community-based organization that has excelled in implementing comprehensive programs and services to reduce, reuse, recycle, or compost resources that would otherwise have been wasted. Uh so big kudos to our community members, uh our residents, our businesses, for their active participation and their superb sorting of those materials into the various appropriate bins. Uh, but also kudos to our public works utilities and operations team, of course, uh pictured here in the center, of course. Jennifer Gilbert from our team, as you know, um, and uh Reps from Recology, uh our uh waste diversion partner. Um Davis received the award not only for carrying on a comprehensive recycling program for 50 years, uh, but for being a regional leader in recycling and waste reduction programs, particularly with regard to the new statewide uh SB 1383 uh waste diversion rules. Uh this extensive set of state rules under 1383 aims to keep organic waste such as paper, cardboard, food scraps, yard materials, uh, et cetera, out of landfills. And so our team has uh actually been very much ahead of the curve uh in the state uh with uh implementation of 1383, so much so that the state reps came to Davis to see how we were implementing the new rules that they uh put in place uh so that they could uh help promulgate those to other jurisdictions. Uh so and again, as I said, uh this year uh Davis celebrates 50 years of curbside recycling this year. So just huge shout out to the community, um our community partners with uh Recology and to our staff team for all of their diligence in uh making all this possible. Okay, so with this time of year comes back to school. So and with back to school comes cycling tips. So our active transportation team uh is hard at work uh working with the schools with the the children with the school district on our uh safe uh routes to schools program, our street street smarts program. Uh so we want to welcome back DJUSD students, staff, parents to the new school year. Uh we have uh social city social media um uh posts going up for back to school bike tips uh all of this week. Um city of davis.org slash bikes. Uh so summers over students uh starting up again yesterday. Uh you know, being uh getting awareness out there to have awareness uh for walkers for cyclists, um check out the social media posts that we have uh and for uh city bike rules, safe routes to schools, uh maps. Uh we also have in there the uh the tracking program that the school uh school district has partnered on where uh the school kids can check in on the app when they uh arrive at school so parents knows know that they've arrived safely. Uh lots of different things in the works uh along with uh in partnership with the district uh school district. Uh Labor Day holiday coming up September 2nd. City offices will be closed that Monday on the 2nd in observance of Labor Day. Emergency services, of course, will remain unaffected by that. And uh huge shout out and thanks to our our team, our city employee team uh for their service. And then uh my last announcement tonight is we have an event coming up on September 6th, Make Davis Sparkle. Um we, the City of Davis in partnership with the Chamber of Commerce, uh DDBA, Davis Picks It Up uh Organizations uh and others who will be uh out there helping uh volunteer from city departments, including city departments, but also volunteers from the community uh coming out to uh do a big cleanup effort in our downtown. Uh so we are also calling on the volunteers to help with that.

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