Davisite Banner. Left side the bicycle obelisk at 3rd and University. Right side the trellis at the entrance to the Arboretum.

Author: davisite

  • What the HEC is Going On? – Part II

    Under rugThe City’s Denial of Brown Act Violations by the Housing Element Committee and Certain of Its Members is Not Credible nor Factually-Based

     by Alan Pryor and Rik Keller

     Note: A subsequent Part III of this series will cover conflicts of interest of HEC members in detail

     Introduction

    Last week the authors wrote a carefully-researched and well-documented article on the City of Davis’s Housing Element Committee (HEC) alleging several serious violations of the California state Brown Act open meeting laws prohibiting direct communications between members of jurisdictional bodies. As stated in that article, the composition of the Council-appointed HEC, which is supposed to represent a “diversity of interests” in the community, was instead primarily composed of development and real estate interests and their local supporters.

    In our article, we also disclosed that several weeks ago, there were a last-minute series of policy recommendations very favorable to the real estate and development interests in the City that were suddenly introduced to the Committee by these same real estate and development interests. These recommendations, in direct violation of the Brown Act, were sent directly from one member of the HEC to the entire HEC.

    The HEC then further violated the Brown Act in considering and voting to adopt the same recommendations without publicly noticing that these recommendations were being considered by the HEC. In essence, these recommendations were introduced secretly to the HEC and then voted upon without full public disclosure and scrutiny of the recommendations. Furthermore, the development and real estate interests on the Committee failed to adequately disclose conflicts of interest in terms of their investments and holdings in the City that would be impacted by these very same favorable recommendations approved by the HEC (see more on this point in the coming Part 3 of this series of articles).

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  • Civility, Facts and the Arroyo Park Zip Track.

    Zipline
    By Joe Krovoza

    At 7:40 pm Saturday evening (6/12) Janet went out to our backyard to pick greens for dinner. She heard a man say "…and that's where the nasty terrible people who hate the zipline and hate children live." [best possible paraphrase] Janet looked over the fence at who was saying this and there was a man standing there with his dog and children. He saw Janet and said something like, "and there's the terrible nasty woman who hates children." She said, "Excuse me? Would you like to talk?" (not threatening, certainly incredulous) but he ignored her and continued walking and talking to his children, repeating "that's the nasty terrible woman who hates children."

    She was deeply shaken. Is this okay? Can’t we respectfully agree to disagree?

    Casual zip track users and park visitors have no way of knowing how the sound of the zip track travels through our backyard and home. It comes, uninvited, into every room of our house every single time someone is on one of the two tracks. It is not a pleasant sound. It is metallic and jarring. It is impossible to focus on ordinary tasks while it is happening. Or to sleep.

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  • Proposal to Eliminate R-1 Single Family Zoning is a Terrible Idea

    Housing

    Dear Davis City Council, Planning Commission, and Social Services Commission Members,

    I would like to take a moment to address the idea of removing R-1 single-family zoning that is popular with developer interest groups and YIMBYs at the moment. This radical policy change would allow investors to buy single family houses in any neighborhood in the city and replace them with 4-unit or more multi-unit complexes. A good way to look at this type of proposal is as deregulation and trickle-down housing. The removal of R-1 zoning is often suggested by these pressure groups as a panacea for creating affordable housing and ending homelessness. There is mounting evidence that this is just not true, and I strongly recommend you read this article on the downfalls of trickle-down housing. https://www.housinghumanright.org/trickle-down-housing-is-a-failure-heres-what-you-need-to-know/?fbclid=IwAR2a_TkSVF0Zlb6pSMrZ7n3fL3SfLHAh354XQN3NZZuL6TNs85r5eST5iqc

    In Davis we have a large demand for rental housing. That demand coupled with an abolition of R-1 single-family housing zoning will result in investors converting single family homes to 4 units or more (per lot) of student rental housing that will be leased at top dollar. This is most likely to occur in what are currently the most affordable neighborhoods, like Davis Manor. These are also the most diverse neighborhoods. This will increase the cost of housing in these neighborhoods. This is the opposite of creating the affordable housing that deregulation advocates claim will come as a result of their trickle-down theories. Deregulation will hurt the people who need affordable housing the most.

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  • Unequivocally Bad Solar Panel Placement at Cesar Chavez Elementary .

    This letter was sent to DJUSD on June 8.
     
    Redwood tree
    Dear Matt and Facility planning team,
     
    I just saw the proposal for the placement of solar panels at CCE and it is unequivocally a bad placement.
     
    The panels will cover the existing grass at the edge of the blacktop thereby creating more of a barrier between the grass and the blacktop.   This necessitates the destruction of two massive and iconic redwood trees.    Removing trees in itself is not a problem – if the result is inescapable.  In this case, it is not an inescapable result to place the solar panels in that suggested location.
     
    The video clearly says that the benefits of this placement include  only 2 things.
     
    Benefit 1) providing a solar shade structure.    This is not necessary if there were more trees on the grass AND if those trees were maintained AND if the children were allowed to use the grass and the pathway during school hours.  Did you know that kids at CCE are not allowed to use their own school yard (the grass) during recess?  Did you know that the trees that were planted at the edge of the track are mostly dieing? 
     
    Benefit 2)  Preserving Blacktop.   Preserving blacktop is not a value of the community at large and nor is it a value of the parents of CCE, were you to poll them.  Preserving play space is important, and blacktop is important for certain kinds of play – but preserving it at the expense of creating what effectively amounts to a barrier between the children and the natural space of the field (where they should be allowed to play) is not a long term postive vision.
     
    There are at least 3 other areas where the Solar panels could be placed.
     
    1) On top of the new MPR.  Why are we building a new building that apparently cannot hold solar panels?
     
    2) Shading the portable classrooms on the south side of CCE Campus.  These roofs would benefit from the shade and the industrial structures on campus would not take anymore of the campus footprint.  In fact, one could imagine the solar array shading any number of buildings on the campus in whole or in part.
     
    3) Over the parking area.  Wouldn't the teachers appreciate a solar array over the parking area to keep their cars cool?
     
    I don't claim to speak for anyone but myself on this issue.  However, I do believe I have a good sense of the pulse of the community.   This placement will be met with massive pushback from the community and I strongly recommend reconsideration as soon as possible.
     
    Best regards
    Joseph Biello
    Parent of CCE Student and Neighbor
     
    _____
    the DJUSD video mentioned in the letter can be viewed here https://www.youtube.com/watch?v=uUn0h5tukbo
     
    CCE Solar
     
  • Noise Ordinance Change Is Bad Idea

    Submitted by David Johnson,

    Because the City of Davis is considering a revised sound ordinance, I thought it would be helpful to hear from Robert Lawson, a sound professional, who recently posted the following informative piece on Nextdoor.com.

    I am a Certified Industrial Hygienist and Certified Safety Professional with over 35 years experience taking sound level measurements and commenting on noise issues as a part of the CEQA process.

    1. It is unusual, and in my opinion a bad idea, to base the City of Davis noise ordinance in large part on sound levels averaged over a 1 hour period (l eq – 60 minutes).

    — Unusual?

     - Color coded noise ordinances from several other communities with University of California campuses (Berkeley, Los Angeles, Riverside, San Diego, San Francisco, Santa Barbara) as well as from Sacramento are available at https://nonoise.org/regulation/stateregs.htm .

    Unless I’m mistaken, only San Diego uses l eq – 60 minutes. Although several use a sliding scale for averaged sound levels (30 minutes to 5 minutes, based on sound levels) most of these have specific mention or provisions for impulsive noise (noise of very short duration with a sharp onset), which is the type of noise that has had much discussion lately in town in regards to recreational equipment.

     -The nonoise.org site also includes a summary review of hundreds of ordinances across the country, indicating that 60 minute averaging (l eq 60 mins) is not common in community noise ordinances.

    1. It could be costly and difficult to enforce a noise ordinance largely based on average noise levels over a 60 minute period.

    — Costly/difficult to enforce?

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  • Proposed Noise Ordinance Is Ill Advised

    Sports+Air+Horn_

    Dear Members of the Davis City Council,

    I have looked into the proposed changes to the noise ordinance, and I have investigated what the standards are in other communities. I find both the existing ordinance and the proposed ordinance lacking in the detail to make either enforceable without considerable interpretation. Even more surprisingly though, I found that what the staff reports to be very minor changes to actually be very significant changes thus requiring a more robust process before implementation.

    First, I want to address the new definition of Person in the proposed rewrite of 24.01 General Provision that exempts the city.  They simply remove: "…  including any city, county, district or other public agency." this move to exempt the City from the ordinance is a significant change and creates a dubious double standard. I do not think it is appropriate to exempt the City, but at a minimum that decision needs to be better vetted.

    Next I want to address averages and maximums. Clearly changing the language in 24.02.020 figure 1 from "Maximum Noise Level (dBA)" to "Average Hourly Noise Level (dBA)" is a meaningful change that alters what is covered by the ordinance. Such a significant change should be better vetted by commissions and the community before implementation.

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  • Davis Housing Element Fails Affordable Housing

    Housing elementOn 5/26 the City of Davis Planning Commission met to discuss the draft housing element. The Housing Element is a state mandated component to the Cities General Plan since 1969, California has required that all local governments update the Housing Element on regular intervals to meet the housing needs within the community. The City of Davis is receiving comments on the 2021-2029 housing element through July 1st at 5pm. you can learn more about the 2021-2029 Davis Housing Element here Link .

    What follows are the comments of Rik Keller to the Davis Planning Commission.

    __________

    5/26/2021

    To: City of Davis Planning Commission

    From: Rik Keller

    Re: Housing Element Update

    I have been a long-term affordable housing consultant and advocate since the mid-1990s. Locally, I have recently advocated for increased affordable housing for various projects in the City review process…

    …and for more equitable and inclusive housing policies in general:

    I am a strong advocate for addressing exclusionary housing practices. We already have tools in place to counter “snob”/exclusionary zoning. These include inclusionary zoning (IZ) policies that the City of Davis has in place as part of its Affordable Housing Ordinance [AHO] (see Article 18.05 of the Davis Municipal Code: http://qcode.us/codes/davis/view.php?version=beta&view=mobile&topic=18-18_05)

    Unfortunately though, the City of Davis has drastically weakened its IZ policies in the past decade. In 2011, in response to pressure from development groups, it suspended its Middle Income Ordinance that was targeted to provide housing affordable to the local workforce. And in early 2018, the 25-35% requirement for inclusionary/affordable housing in the City’s Affordable Housing Ordinance (AHO) was reduced to 15% “temporarily” because of a need to respond to State rules. In the almost 3.5-years since, the City has been promising to update its IZ requirements, but has repeatedly broken its own deadlines, and hasn’t completed the required studies to update it.

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  • Organic Farming Movement Powerhouse, Amigo Bob Cantisano, Passes

    AmigoPeace

    By David Kupfer

    One of the most experienced, astute, opinionated, and influential players in the Organic Farming Movement, Amigo Bob Cantisano passed after an 8 year battle with throat cancer at age 69 surrounded by his family on December 26. He was a rare ninth-generation Californian, directly descended from a Spanish lieutenant in the 1775-76 Juan Bautista de Anza expedition that led and created the first land route between New Spain and Alta California.

    Just as his ancestors were pioneers in their own right, Cantisano distinguished himself by being a singular powerhouse in the organic horticulture field for nearly half a century. A San Francisco native, as a child, he first learned how to garden from his grandmother, and in the late 1960s began growing pesticide-free food while living on communes in the City’s Haight Ashbury district and in Mendocino County. He first was employed at Good Karma, an early San Francisco vegetarian café, and at the City’s first natural foods emporium “New Age,” both owned by Fred Rohé, whom Cantisano called “the founder of the whole natural foods movement.” It was these experiences, along with exposure to Rodale Press’s Organic Gardening magazine and a speaker at San Francisco’s first Earth Day celebration in 1970 on the impacts and hazards of pesticides, chemical fertilizers, and large mono crops to human health and the environment, that set him off on his life-long crusade that extended through his life.

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  • Called Out

    Called out

    By Kelsey Fortune

    During Tuesday’s City Council Meeting, the Council appointed commission members. I was hoping to be one. Instead, after making my apology public, I was called out and shamed in a public forum where I had no option to respond.

    I missed my interview. I don’t know if anyone else has noticed, but we are living through difficult times right now. Staff and I had scheduled a fifteen-minute interview with Dan Carson and Gloria Partida on Monday, November 23rd. Unfortunately, my grandmother, who has been in a nursing home since a stroke in the Spring of 2019, was diagnosed with COVID-19, and my mind was elsewhere. I forgot about my interview completely.

    I emailed an apology. The following morning, I realized my mistake. I was extremely disappointed with myself for missing such an important meeting. The whole day was filled with guilt and sadness. I emailed the staff member with whom I had been corresponding about the interview.

    “I want to sincerely apologize for missing my interview yesterday. My grandma has been diagnosed with COVID, and I am completely consumed with this news. I'm sorry that I wasted Dan and Gloria's time. I hope that I can still be considered to serve on a commission.”

    I received a compassionate response from staff on Monday, November 30th. I understood this to mean that my application had been forwarded along with this information.

    “I am truly sorry to hear about your grandma’s diagnoses, and wish her a speedy recovery!! Your application has been forwarded to the entire City Council for their consideration. Appointments will occur tomorrow at their Council meeting.”

    I called in to apologize during public comment. Instead of responding with compassion, Council responded by called me out in their discussion. It was stated that this was the first they were hearing from me. From my perspective, that is not true. I reached out the day following the missed interview. Regardless, speaking this way about a private citizen in a public forum where they cannot respond is inappropriate, unprofessional, and humiliating.

    Please consider what you expect from our elected officials.

  • University Mall and the Davis General Plan

    BuildingHeight-2020-04-29_Page_2
    Dear Davis City Council,

    I am running for City Council in District 2 – the district that the U-Mall is in.

    First, I want to state that I believe a mixed-use project can be a good fit for the University Mall location. I certainly remember my mom buying me Star Trek pajamas at Lawrence’s department store there when I was a kid, and more recently I have taken my daughter to shop at Forever 21, also now closed. I have seen a lot of change here, and welcome that it will evolve and change again to better meet current demands.

    What I would look for in a project for this site is something that fits better with the surrounding neighborhoods. This project has been compared to the Davis Live project. However, this project is significantly larger in scale because it is 7 stories spanning an entire city block. You can see in the image from Brixmor that the project is 75-80 feet tall (7 stories) across the entire east west axis of the project with almost no set back from either Anderson Road or Sycamore. It is certainly out of scale to the neighborhood University Mall is in. 80 foot tall buildings immediately adjacent to the sidewalk might be expected in a dense urban area, but is out of scale with this neighborhood.

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