Staff's and Council's Current Scheme to Limit Analysis and Input from the Commissions include Artificial, Arbitrary Deadlines Imposed on Citizen Advisory Commissions.

By Alan Pryor

Introduction

Readers will remember one of the primary complaints surrounding DISC 1.0 on the November 2020 ballot as Measure B was that the Commissions were intentionally and systematically excluded from fully participating in the review of the project through scheduling manipulations imposed by City Staff with Council approval. It appears that history is repeating itself which is the subject of this series of articles. Part 1 of the series (see https://www.davisite.org/2021/09/d%C3%A9j%C3%A0-vu-council-and-staff-collude-to-limit-review-of-the-disc-2022-project-by-the-citys-advisory-com.html) discussed the history of City Staff and Council ignoring input by both the Advisory Commissions and the public in many other important City matters.

This Part 2 in the series discusses the recent Council decision that greatly limits Citizen Advisory Commission input and recommendations for Baseline Features for the newly proposed DISC 2022 project now heading for the June 2022 ballot in Davis. The article is a detailed examination of the means by which the City Council and Staff are intending to again limit analysis and input from the Commissions by hamstringing the Commissions' ability to hold multiple meetings to review the DISC 2022 project.

Part 1 – A History of Staff and Council Circumventing or Ignoring Citizen Advisory Commissions in Davis

by Alan Pryor, Former NRC Commissioner

Introduction

This is Part 1 in a series discussing the recent Council decision that greatly limits Citizen Advisory Commission input and recommendations for Baseline Features for the newly proposed DISC 2022 project now heading for the June 2022 ballot in Davis. Readers will remember one of the primary complaints surrounding DISC 1.0 on the November 2020 ballot as Measure B was that the Commissions were intentionally and systematically excluded from fully participating in the review of the project through scheduling manipulations imposed by City Staff with Council approval. It appears that history is repeating itself.

This Part 1 in the series will discuss the history of City Staff and Council ignoring input by both the Advisory Commissions and the public in many other important City matters. It will be followed in Part 2 by a detailed examination of the means and schemes by which Staff and Council similarly intend to limit Commission review and input in processing of the DISC 2022 project.

Background

Francesca Wright, a founding member of Yolo People Power, had a scathing editorial in Tuesday’s Davisite concerning the City Council 's continued failure to meaningfully address police reform in Davis over the year (see https://www.davisite.org/2021/09/wanted-leadership-substance-on-public-safety-not-spin.html). Ms. Wright claimed this failure is still occurring despite unanimous approval of a 9-point plan for reform presented to Council by 3 different citizen Advisory Commissions and a petition signed by over 800 citizens calling for immediate action on the Commission recommendations. Said Ms. Wright about these failures,

It has been over a year that community members have been asking City Council to create meaningful structural change in how we address public safety. We have marched. We have sent public comments to City Council meetings. We have analyzed local police traffic stop and crime data, researched the underpinnings of public safety as well as examples of effective public safety practices.

...We have met individually with each council member. Over 800 people signed an open letter to the Council. Three council-appointed commissions unanimously supported nine recommendations on public safety.

...This may be the most public pressure exerted on any council in the 23 years I have lived in Davis California. And after all of this, how has the current city council responded? … they have not advanced Davis’ vision. This is not leadership. This is maintenance of the status quo.  To have meaningful change we need effective visionary leadership.

This is reminiscent of Staff and Council behavior in ignoring Commission and public input in many other important but questionable decisions unilaterally made by Staff and Council over the past several years and calls into question whose interests they are really representing behind the dais.

By Francesca Wright

It has been over a year that community members have been asking City Council to create meaningful structural change in how we address public safety. We have marched. We have sent public comments to City Council meetings. We have analyzed local police traffic stop and crime data, researched the underpinnings of public safety as well as examples of effective public safety practices.

We have sent petitions. We have met individually with each council member. Over 800 people signed an open letter to the Council. Three council-appointed commissions unanimously supported nine recommendations on public safety.

Our former Mayor offered a road map of how to create a Department of Public Safety that could position the City of Davis to become a leader in evidence-based prevention and early intervention.

This may be the most public pressure exerted on any council in the 23 years I have lived in Davis California. And after all of this, how has the current city council responded?

We have witnessed performative rhetoric, an increased police budget, and the most modest changes possible. All while numerous other cities are taking progressive steps forward, the very kind we’ve been urging the City of Davis to take. Our “fair city” is falling farther behind the curve.

By Roberta Millstein

What do trees being cut down at Sutter Davis Hospital, the Mace Mess, and Cannery traffic safety have to do with one another?

At first glance, not much.  They are in three entirely different parts of town.  Two of them do have to do with traffic and safety in part, but each has its own features.  For example, residents near Mace Boulevard are concerned about the addition of over-engineered road structures they were not consulted on, and in light of increased traffic and other problems, would like them removed.  And neither traffic safety at the Cannery nor the Mace Mess seems to relate to the removal of mature trees done without any input from the relevant City Commissions.

But those who have been following the Davisite might have noticed a commonality: in all three cases, citizens felt strongly enough about the issue to create a petition, as described in the following articles:

• Tree cutting at Sutter Hospital petition – currently at 541 signatures
• Mace mess petition – currently at 717 signatures
• Cannery traffic safety petition – currently at 147 signatures

When citizens are moved to create and sign petitions, it’s a signal that they feel that their voices aren’t being heard through normal channels, such as comments at the City Council or letters to the editor of the local newspaper. With a petition, citizens are trying to speak loudly, with one voice.

2pm, Davis - The air is now nearly twice as bad as what requires a ban on leaf blowing. The City updates its notification as needed at 730am. This morning the air was good...

Yesterday weather forecasters predicted that the smoke from various fires to the northeast would circle counter-clockwise at high elevations and then slowly descend on the north Bay Area and our area.

Yolo-Solano AQMD issued an alert in mid-morning.

This morning the smoke was easy to see, but the AQI was still good here as the smoke had not reached lower elevations. It started to do so in the early morning in Lake County, then soon in Napa and west Yolo.

Late this morning...

Quite curiously the Airnow distribution of data from the same monitors showed a lower AQI by half two hours ago, and at about 2pm nearly the same, getting close to 200 AQI.on Purple Air...

The consistently cleanest part of the area right now - at lower left, just south of West Village, earlier today. This is the location of the City's only official AQI monitoring station. This is what the City uses to determine a leafblowing ban.

It's been well over 100 AQI for at least two hours, and is the source of the image at the top. So why isn't the City issuing a ban? Click on image to read the City's explanation...

The Council and Staff would be singing us this fine song if we were making this up.... this threat to our health. But surely they realize that is extremely dangerous, a matter of equity, and of health as serious - at least temporarily - as COVID.

It's been nearly a year since the City issued conditions for a temporary ban on leaf blowing. I've asked and have never seen any data on how many warnings or fines were issued. The Natural Resources Commission's poll on leaf blowing only ended at the end of July, and they might not see what the staff has processed until late September, and might not make recommendations until late October, while we're already in the season of falling leaves... and four months into the wildfire fallout season :-(. (Oh, by the way... today is the 76th anniversary of the beginning of the first nuclear war.)

Conflicts of Interest in the City of Davis Housing Element Committee

 by Alan Pryor and Rik Keller

 Note: The preceding Part II in this series covering Brown Act violations is here:

 “Housing Element Committee members are expected to remove themselves from all discussions and votes on matters in which they have any direct personal financial interest.

In gauging such extra-legal conflicts of interest and/or duty, each member shall exercise careful judgment and introspection in giving priority to the interests of fairness and objectivity; if there is any reasonable doubt that the member has a conflict, the member shall refrain from participation in the committee’s deliberations and vote(s).” – City of Davis Housing Element Committee Ground Rules (p. 4)

The following letter was emailed as a comment for tonight's special City Council Subcommittee on Commission Process meeting.

Dear City Councilmembers and Commission Chairs,

It is extremely difficult to comment on this item without knowing more about what will be discussed. However, one concern I have – and I will just have to see where things go today – is how this group became a “Subcommittee on Commissions.”

The original letter that triggered this subcommittee, a letter that I co-signed, was titled “A Proposal for Improving City of Davis Decision Making.”  It included provisions regarding City Commissions, but it was not limited to that.  It also included provisions regarding “transparency, information, disclosure, and public engagement” as well as provisions “for developing and making decisions on Staff proposals submitted for City Council action.”  It was not just about how commissions operate.

It would be a missed opportunity if this subcommittee were to narrow its concerns from the letter’s original scope.  Indeed, it would be a sad irony, given the letter was in part prompted by commissioners feeling that they were not being heard and seeing their communications to the city lost in translation.

By Dan Urazandi

There have been a series of crimes at my shop that have forced me to consider crime in Davis. Most of us take it for granted that Davis is safe like it was a decade or two ago. Many of us are learning otherwise as we are victimized by criminals. I hope a few more can be convinced without having to become victims and that corrective action will be taken before things get even worse, particularly as covid policy is emptying California jails.    

   In 2018 and 2019 my son and I were victims of two assaults with deadly weapon while minding our store. This year's crime was a burglary, we were hit with a smash and grab on 9/24. I was aghast and furious that the police would not assign an investigator to the case. They seemed unconcerned with property crime, which begins to explain its massive increase in the last few years. So we handled the case ourselves; when the suspect came back on 10/9 to sell me stolen merchandise from other stores he burglarized and, yes, some he had burglarized from me, my son and I put him under citizen's arrest after some struggle. When I handed him over to DPD they acted for the first time in this case with expedition by letting him go one hour after picking him up. That's after we found him, caught him, fought him and arrested him for them. The thief couldn't have been stupider and we went far beyond what a citizen should have to do to catch this serial burglar, but he went free anyway.

(From press release) Yolo County residents are advised to be on the alert for scam phone calls purporting to be from their energy provider.

According to one Davis resident who received such a call recently, the caller apologized for overcharging her on her utility bill, explaining that the overcharge was from a third-party supplier.

She was told to press 1 to apply for a rebate check, but the woman hung up, believing that the caller was attempting to gain access to her bank routing and account numbers.

Valley Clean Energy, Yolo County’s public not-for-profit local electricity provider, would like to reassure its customers that it never asks for a customer’s banking information over the telephone.

By Robert Canning

         Two physician-entrepreneurs who own a string of urgent care clinics in Bakersfield claim the data they have collected from testing for coronavirus proves that the current “stay-at-home” and physical distancing orders need to end and that COVID-19 is “just like the flu.” Their YouTube video interview from last week has been viewed more than five million times. It has garnered attention from the likes of Elon Musk who tweeted “Docs make good points” and Fox News host Laura Ingraham who played excerpts Monday night. But their claims have sparked wide controversy from experts in academia who say their assumptions are flawed, their sample biased, and their extrapolations “implausible.” The Kern County health office has stated it does not agree with their claims. And yesterday their original video was removed for what YouTube says are violations of its “community guidelines.”

By Matt Williams

The commentary by Mayor Lee and Councilmember Carson in the Sunday Enterprise really does not address the core concerns that have consistently been raised by the community. In summary, those concerns are that the city used a non-competitive process which resulted in a low-offer and thus left money on the table while failing to go through a full public process that might have identified deficiencies in the offer by BrightNight.

After reading the Lee-Carson OpEd, I (and I'm sure many others) now have one additional major concern ... that it does not appear that the Council Majority has actually listened to the Public Comment voicemails, or actually read the Public Comment e-mails they have received.

The City’s promise to include full commission review is being broken

 By Roberta Millstein

The developers of the Mace ARC Business Park are avoiding a full analysis of their project proposal and omitting important project details until after citizens have voted on the project.  City staff seems to support them in this, and City Council isn’t asking any questions – even though they had already promised that the proposal would be seen by all of the relevant City commissions. 

Without a full public disclosure of the project and proper impartial commission analysis, citizens will not have the information they need to make an informed decision.

For those who don’t know the legal context, this project will require a city wide vote – because the 200 acres proposed for the ARC business park outside Mace Curve is outside the Davis City limits with an agricultural land use designation, it is subject to a Measure R (formerly Measure J, now Davis Municipal Code Chapter 41) vote.  One of the provisions requires:

Misinformation persists even after the author and board members are notified

By Colin Walsh

On Monday February 3^rd the Davis Vanguard published a story titled “Monday Morning Thoughts: Strange Decision on Commissioner Punctuates a Strange Night for Council” by David Greenwald (link). This is not a big groundbreaking story; it mostly focuses on the Council’s decision to suspend a Commissioner for two meetings and takes the opportunity to make fun of people who spoke at public comment. Sadly, it also had the effect of again dragging a hard-working City of Davis volunteer Commissioner’s name through the mud. What is most notable about the Vanguard article is that it has specific false information that distorts what actually happened.

The third paragraph of Greenwald’s article about the January 28^th City Council meeting states,

The council then attempted to split the baby so to speak – instead of ousting Mr. Edelman, they suspended him for two meetings, February and March, with some sort of conflict resolution process.  That was not enough for the three commissioners who all resigned, leaving the commission short of a quorum.

The second sentence is demonstrably false. This sentence clearly states that three commissioners resigned after the January 28^th Council meeting, but the January 9, 2020, BTSSC agenda had already announced the departure of Commissioners Andrews and Gudz (link). If it was on the January 9 agenda, then the announcement was made at least several days before, possibly as far back as the December BTSSC meeting (link).

Will new ARC SEIR do better?

This letter was sent to Assistant City Manager Ash Feeney on December 23, 2019.

Dear Mr. Feeney,

I am writing to draw your attention to a significant omission in the Mace Ranch Innovation Center Project Final Environmental Impact Report dated January 2016. At no place in the FEIR is there any consideration for Mexican free-tailed bats (Tadarida brasiliensis), or for Hoary bats (Lasiurus cinereus).

Just over 2 miles from the MRIC/ARC site is “One of the largest seasonal Mexican free-tailed bat (Tadarida brasiliensis) colonies in California. An estimated 250,000 individuals strong.” (https://baynature.org/2013/07/25/yolo-bats/). This colony roosts under the Yolo Causeway bridge and has been well documented in the Davis Enterprise and the Sacramento Bee (https://www.davisenterprise.com/community/see-bats-at-the-causeway/, https://www.sacbee.com/news/local/environment/article31141712.html).

I have personally observed bats flying over the MRIC/ARC site during summer months, but there is no mention of bats in the FEIR, or any of the underlying documentation.

Attorney representing the business park defends a questionable table at the EIR scoping meeting.

Last minute release questioned

Attorney's for the Massive Mace Business Park dubbed "ARC" provided the City of Davis with a letter and tables in preparation for the EIR scoping yesterday. The City posted these documents to the City Website and emailed them to select individuals. Unfortunately these documents have come under scrutiny for possibly containing misinformation.

The City of Davis did not vet the information before releasing it to the public and injecting it into the EIR process. In the words of City Manager Mike Webb, "These documents were submitted by the applicant and therefore are appropriate to posted to the city web site as such."

When asked if the "City has opened itself up to litigation by sending false and misleading information out in advance of tonight’s meeting," Webb stated, "The City, as you know, does not edit documents that are submitted by the applicant. "

The letter below details some of the problems with the applicant's last minute release:

Squandered Trust

Comments given to the Davis City Council by Mimi McMahon

Trust is an important element when citizens elect officials to act on their behalf.  There is no room for special interests or personal gain.  A promise is a contract. The City has squandered the trust of Davis citizens and those affected by the Mace Mess you and your staff have created.  You have wasted millions of dollars of our hard-earned taxes. 

Broken and Unfulfilled Promises

Current Zoning Does Not Allow for 4 Story Project

By Colin Walsh 

Paul’s Place homeless shelter was announced on the front page of the Davis Enterprise yesterday noting how the very rapid growth of the Davis homeless population has overtaxed the old H street facility. This 4-story proposal will include 28 units, 4 emergency beds, “program space to connect people with public benefits, housing and employment opportunities and health and human services, as well as the basic services needed on a daily basis by those living outdoors: food, clothing, showers, restrooms and laundry facilities.” (link)

With the increasing local homeless population there is little doubt that solutions need to be found. Paul’s place would replace the existing well-worn Davis Community Meals 12 bed shelter at 1111H St.

One hurdle the new shelter will need to overcome to be built is the size of the proposed new building. At 4 stories tall it would be the tallest commercial or residential building between 5^th St. and Covell. It will be the building in a half mile radius and the current zoning does not allow for 4 a story building.

Developers and Council Get Cozy with the Vanguard

By Roberta Millstein, Rik Keller, and Colin Walsh

After having raised concerns about Sunday’s Vanguard fundraiser in a series of articles (most recently here), we thought we should give a quick summary of how it all turned out.

The event was scheduled to begin at 5 PM.  The three of us arrived a bit earlier than that.  Rik ordered a large pizza, which we munched on throughout the event.  We sat just outside of the back area of Lamppost Pizza that had been reserved for the fundraiser. 

Mayor Brett Lee speaking

We watched people trickle in and mingle in the designated area.  The event finally got started around 5:30 PM, beginning with David Greenwald speaking.  Mayor Brett Lee spoke immediately afterward.  There was no amplification of their voices and so we couldn’t hear much of what was being said.  According to the Vanguard’s own account, Lee discussed homelessness.  At this point, the only other City Council member in attendance was Dan Carson.

Vanguard Defends Council

The following are comments that Roberta Millstein, Colin Walsh, and Rik Keller provided to City Council on Tuesday evening, May 14, during the open citizen comment period (these may not be verbatim as language could have been modified slightly during presentation or cut short due to time constraints).

It should be noted that after we again criticized the City Council for their involvement with the Vanguard fundraiser, on Wednesday morning in the Vanguard “premium newsletter” David Greenwald attacked Colin Walsh several times after identifying him as a potential City Council candidate – and then proceeded to defend the current Council, which has three incumbents who may be running for re-election, on a separate issue.