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Has the City Council already made up its mind concerning the proposed Mace Ranch business park?

Coming-soon-screenshotWill the new City Council listen to its commissions and its citizens?

This morning, I learned of a new proposed Mace Ranch business park from a Facebook post from Councilmember Lucas Frerichs, a post that tagged the soon-to-be other four members of the Davis City Council (among other people).  The proposal seems reasonable to me on its face in terms of its size, purpose, and location, although I reserve judgement until I have heard more about it.  What shocked me, however, was Councilmember Frerichs’s proclamation that the project was “Coming soon!!” with “approval expected,” as captured in the screenshot at the beginning of this post.

I find this shocking because the proposal hasn’t even gone to the Planning Commission yet (as Councilmember Frerichs notes), nor has the City Council had an opportunity to hear from citizens. Will any concerns be raised that make the City Council think twice about the proposal?  It would seem that Councilmember Frerichs, at least, does not think so. 

When I called him out on this inappropriate remark – let us also remember that members of the City Council as a whole should not be discussing outside of Council meetings, lest they run afoul of the Brown Act, so Councilmember Frerichs should not be in a position to know whether approval is expected – Councilmember Frerichs’s response was to taunt me to write a Davisite article.

Well, I hadn’t planned on it.  I thought he would back away from his comment, not double down on it.  But if that is his reply, then Councilmember Frerichs, yes, here is the article you asked for. 

Hopefully-screenshot2He did, it should be acknowledged, edit his comment to say “(Hopefully) coming soon!!”, saying that “since it’s my page/post, I can edit/delete as I see fit.”  And he deleted some of our exchange as well.  The  inappropriate remark, “approval expected,” remained. Editedcomment-screenshot

But this is not about Facebook and what someone can or can’t do on their page.  This is about whether our new City Council (retaining Frerichs, Lee, and Arnold, adding in Partida and Carson) is genuinely interested in listening to commission and citizen input, and whether it is open to changing their views in light of that input.  I certain hope that it is.  Councilmember Frerichs’s remarks and actions today do not give me confidence in that, however.

And these remarks and actions come at the same time that the Council will be considering a proposal for a citizen-unfriendly proposal to shunt some of public comment to the end of meetings.  I’ve written on this already; more soon.  Taken together, it does not give a picture of a receptive Council.

I hope that I am wrong, and hope that I can look forward to hearing a robust and genuine discussion on the new proposed Mace Ranch business park, not a smoke and mirrors show.

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Roberta Millstein

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Comments

6 responses to “Has the City Council already made up its mind concerning the proposed Mace Ranch business park?”

  1. Bob Milbrodt

    So, Frerichs has made a decision before having all of the pertinent information. That’s a problem.
    Another problem is that he has telegraphed his position to the other council members, and to Planning Commissioners. That presents a whole series of ethical problems as well as violations of the Brown Act.

    Reply
  2. Roberta L. Millstein

    Bob, yes, I wondered about that second problem, too.

    Reply
  3. Todd Edelman

    This seems odd, indeed. (Also, I don’t understand why this is not going to the BTSSC. I had initially stayed off this thread because that’s normally my conduit to Council. I asked about this in the thread but have not yet heard back… )
    My main comments and lite fight with the Davis Vanguard Choir of Wisdom (and alternates) about this project are here: http://www.davisvanguard.org/2018/07/sunday-commentary-will-lead-economic-development/#comment-388297

    Reply
  4. Roberta L. Millstein

    Todd, yes, I can see why this would be a project that the Bicycling Commission can and should weigh in on.

    Reply
  5. Jim Frame

    I don’t see a Brown Act violation; making one’s views publicly known isn’t the same as coordinating with other CC members. I think you’d have to demonstrate intent to coordinate in order to find a violation of the Brown Act.
    I do think it would have been prudent for Lucas to be a little less certain about approval so early in the process, but I understand his enthusiasm. The project looks promising to me, too!

    Reply
  6. Bob Milbrodt

    This is hardly the place to detail the law concerning the Brown Act, which does not require a specific “intent.” Here are a couple of relevant opinions from the State Attorney General:
    A quorum of an agency is at a social gathering — is that a violation? NO, so long as the members do not discuss business matters within their jurisdiction (§54952.2(b)(4)). BUT regular “social” gatherings like luncheons are meetings, since its likely public business is discussed (43 Opps.Atty. Gen. 36 (1964)).
    Members use individual contacts to collectively decide an issue –is that a violation? YES. Information communicated to a quorum through a series of contacts, individual phone calls (“daisy chain’), or a third person (“spoke and wheel”) to evade the public is a “meeting” (§54952.2(a)(2): 63 Opps.Atty.Gen. 820 (1980); Stockton Newspapers v. Stockton Redevelop. Agency, 171 CA3d 95 (1985); Common Cause v. Stirling, 147 CA3d 518 (1983).

    Reply

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