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Author: Roberta Millstein

  • Councilmember Carson sued me for signing a ballot statement

    6F907AC2-43BA-422A-A5DC-F4974707938FBy Roberta Millstein

    Two weeks ago, I was stunned to learn from a Davis Enterprise article that I and other signers of the Argument Against Measure H (Argument Against DiSC) were being sued by none other than Councilmember Dan Carson, who is serving as the “Honorary” Chair of the developer-funded Yes on DiSC campaign. Measure H is on the June 7 ballot; DiSC is a proposed development project on 100 acres of mostly prime farmland outside the City limits, adjacent to I-80 and Mace Blvd.

    Apparently, the suit had been filed on the last possible day. I waited to be served papers, but none ever arrived. I did receive a phone call, later learning that Councilmember Carson had obtained my phone number from a Commission Chair. I was extremely surprised to learn that he would do something like that, especially since he apparently did not let on what he wanted my phone number for. It is still unclear whether Councilmember Carson funded this lawsuit himself or if someone else funded it; he has refused to answer several people who have asked him.

    With a tight deadline for the ballot to be printed by the County, citizens opposed to DiSC suddenly found themselves having to find a lawyer within a matter of days (like, two days) and the prospect of spending tens of thousands of dollars to retain one — well in excess of the budget for the entire grassroots campaign.

    And what was the suit about?  Well, perhaps Councilmember Carson thought that he could pull the wool over a judge's eyes, but the judge found no problems with our contention that DiSC is in violation of the City's General Plan or our contention that there would be unmitigated greenhouse gases from the project or that there were almost no commitments.

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  • What should Davis’s “Resilience Hub” be?

    The City Council approved spending of American Rescue Plan (ARP) funds at its most recent meeting, including $400,000 for "climate resilience hub/climate action needs." This being the only money they allocated related to climate change, it seems especially important to think about what such a hub might look like. Below are relevant documents from the City's Utility Commission.

    ~~~~~~~

    From: Resilience Subcommi1ee
    To: Utilities Commission
    Re: More definitive vision of Resilience Hub Date: October 20, 2021

    The Resilience Subcommittee offers the following ideas and questions to the Utilities Commission to help formulate a vision of how a Resilience Hub could be beneficial to Davis and the specific qualities we would like to have in a Davis Resilience Hub.

    ——————————————————————————————————————————————

    Resilience is the ability of people and communities to anticipate, accommodate and positively adapt to and thrive amidst changing climate conditions and emergency events.

    Resilience Hub is a local facility to enhance community resilience by providing reliable essential services when emergency events occur and other community benefits under normal conditions. A resilience hub typically:

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  • Why is DiSC back?

    Note: The following comments made at the City Council's Feb 1, 2022 meeting.  The City Council, as expected, decided to proceed with putting the project on the ballot for voters to decide.

    DISC overview shot

    By Roberta Millstein

    DiSC is back. But why is it back? Is it any better than the project that voters rejected just a little over a year ago?

    It has no new features. Indeed, the developer initially deleted a bunch of features from the proposal and, after pushback from the Planning Commission and others, has now added some of them back in. But at best that only restores the status quo to the previously rejected project.

    It is a reduced project, but half of huge is still huge. It’s the size of one Cannery instead of the size of two Canneries.

    It’s still a freeway-oriented and car-oriented project that will massively impact traffic on Mace Blvd, I-80, and adjacent Mace Ranch surface streets. As a consequence, the greenhouse gases from the project will shred the City’s already weak carbon neutrality commitment. Nothing the developers can do on site can change that, since most of the climate change impact would be from commuters to and from the site. Vague promises of possible transportation improvements don’t change this climate killer either.

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  • Dramatic reduction in Baseline Features in DiSC 2022

    Screen Shot 2022-01-11 at 9.10.17 PM
    The following email was sent to the Planning Commission in the evening of Jan 11, 2022.  (The agenda for the meeting can be found here):

    Dear members of the Planning Commission,

    I am writing concerning item 6A of your meeting tomorrow (Jan 12), the public hearing on the DiSC 2022 project.

    As you may recall, for a project that will be facing a Measure J/R/D vote, the Baseline Features (BFs) are key.  The BFs are the only features that are guaranteed parts of the project.  In contrast, any features that are part of the Development Agreement can be changed by the City Council.  So, in terms of what the project is, and what the voters will be voting on, it is extremely important to know what the BFs are.

    As it turns out, a number of BFs have changed or been eliminated in the change from the old DISC (rejected by voters in Nov 2020) and the current DiSC 2022 proposal.  Here is my count:

    • 19 BFs essentially unchanged
    • 2 features enhanced
    • 5 BFs changes due to reduction in the size of project (e.g, less housing)
    • 7 BFs that offer a weaker version of feature unrelated to changes in project size
    • 13 features eliminated altogether (appeared in old DISC but not in DiSC 2022).

    Of course, whether these changes are important or not is for you and others to determine, but some of them are arguably important.  Indeed, there are changed or eliminated features in each of the main categories, reducing the sustainability, housing, transit, etc., features of the project.

    I urge you as Planning Commissioners to query the developer about all of these changes in order to determine if they are justified.

    Attached please find a spreadsheet that shows these changes.

    The BFs for old DISC can be found online in the following document: http://documents.cityofdavis.org/Media/CommunityDevelopment/Documents/PDF/CDD/Aggie%20Research%20Campus/20-111%20-%20DISC%20Project%20Ballot%20Measure.pdf

    Sincerely,

    Roberta Millstein
    Davis citizen
    Former chair, Open Space & Habitat Commission

    **** Download Baseline feature comparison *****

  • Should Davis spend millions of dollars on a ladder fire truck?

    This article was originally posted on 5/16/21. It is being reposted today because the City Council will be considering this item at its meeting tomorrow, 1/11/22. The anticipated one-time capital purchase expense for the fire apparatus and associated equipment is approximately $2.15 million.

    UC Davis Ladder Fire Truck no 34

    UC Davis's Ladder Fire Truck – Truck 34

    By Roberta Millstein

    Is now the time for the City of Davis to be spending millions of dollars on a ladder fire truck when it currently only needs this type of truck approximately once per month at most, when it can currently borrow UC Davis’s ladder truck for free?

    What information do we need to answer this question?  What do we know and what do we need to know?

    According to the Davis Enterprise, on March 16 the Davis City Council “expressed unanimous support for acquiring a ladder truck for the Davis Fire Department and directed staff to move forward both on securing a detailed cost estimate for a truck as well as developing plans to modify the downtown fire station to accommodate it.”

    The estimated costs discussed thus far are as follows (with the City possibly being able to obtain some grants to offset some of these costs):

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  • Thinking like a Little Tomato

    What should Davis's Climate Action and Adaptation Plan focus on?

    TomatoesBy Roberta Millstein

    In March 2019, Council adopted the Resolution Declaring a Climate Emergency and Proposing Mobilization Efforts to Restore a Safe Climate which states that “the City of Davis commits to taking significant action to move toward net municipal and community carbon neutrality in the short term with maximum efforts to implement carbon reduction actions by 2030; and accelerate the existing 2050 Davis carbon neutrality goal to a 2040 target. The City of Davis and City Council will…accelerate a robust update to the Davis CAAP and integration with the City’s updated General Plan.” (emphasis added). https://www.cityofdavis.org/sustainability/2020-climate-action-and-adaptation-plan-caap

    The City has asked for our input into a set of 29 draft action items for the Climate Action and Adaptation Plan (CAAP) that City could take to achieve its Climate Emergency Resolution.  Which should our top priorities be?  Should any of the draft actions be modified, eliminated, or combined?  Should any of the proposed actions that didn't make it into the "top 29" be promoted? 

    I suggest that in order to answer this question, we must "Think Like a Little Tomato."[1]  In A Sand County Almanac, conservationist (ecologist, forester, hunter, professor) Aldo Leopold famously urged us to "Think Like a Mountain." In that essay, Leopold was concerned with the consequences of focusing solely on preserving deer population numbers, something that turns out to be at the expense of everything else on the mountain (the wolves, the plants and trees, the mountain itself).  Instead, he implies, we need to think about the entire land community. 

    Now in Davis and surrounding areas, deer and wolves are not so much in play, but tomatoes (and other agricultural crops) are, as well as the other plants and animals who live in and around our urban and agricultural areas, some with dwindling numbers, like burrowing owls and Swainson's hawks.  This land community – our land community, since humans are very much a part – is increasingly threatened by severe climate change impacts: hotter summers, hotter and bigger and longer-lasting fires, smoky air, drought, flood.  Arguably, ignoring our land communities and their habitats is exactly the attitude that has brought on our climate emergency, and as we address climate change, it is the attitude that needs to change.

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  • Letter in praise of Anne Ternus-Bellamy

    Thank youAs we "two steps forward, one step back" our way out of the pandemic, a number of people have been rightly praised for their contributions to the community. Today I write to thank Anne Ternus-Bellamy for her outstanding coverage of the pandemic. 

    She has kept us up to date on all of the latest statistics; explained complicated facts about testing, vaccines, and best pandemic practices; and put that information into local, state, and national contexts.  She has explained a massive amount of information to us in a clear and accessible way. 

    Having such a wealth of information available has meant that we could make informed decisions, decisions that may have even saved lives.  It hasn't always been good news, but there is nonetheless a comfort to knowing what is going on. 

    I should add that she has found the time to fit in local political coverage as well, coverage that presents different perspectives on controversial issues in a fair and accurate way. 

    The Davis Enterprise is lucky to have her and so are we.

    Roberta Millstein

  • Comments to the Tree Commission concerning DiSC 2022

    Screen Shot 2021-10-19 at 9.55.57 AMThe following was emailed to members of the Tree Commission this morning.  The Tree Commission is scheduled to discuss the revised MRIC/ARC/DISC project, now dubbed DiSC 2022, at its meeting this Thursday, Oct 21.  If you wish to comment on the project yourself, see instructions on the agenda for the meeting, located here.

    Dear members of the Tree Commission,

    I am writing to you as a former commissioner (10+ years) and Chair of the Open Space and Habitat Commission (OSHC), having completed my term last December. I was involved in analyzing what is now being called the DiSC 2022 project in all of its iterations, so I hope you find my comments helpful in your discussions.

    I think it's great that you appointed a subcommittee to review all the materials, given that the changes are more extensive than the City has stated – this is not just a project that has been cut in half, as your subcommittee's analysis shows. I endorse your subcommittee's recommendations and encourage you to adopt them as a body in the strongest possible language, remembering that the only way to guarantee that a promised feature will be in the actual project is for it to be designated as a "baseline feature." A cautious route would have you even recommend that the relevant ordinances be satisfied (this was something that the OSHC did last time), since there is a history of the City Council bending its ordinances, including ordinances concerning trees (it is my belief that they did this in the recent Sutter parking lot decision).

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  • Bicycling, Transportation, and Street Safety Commission needs a DiSC 2022 Subcommittee

    Screen Shot 2021-10-12 at 9.28.28 AM

    The following letter was emailed to the BTSSC this morning.

    Dear members of the Bicycling, Transportation, and Street Safety Commission,

    I am writing to you as a former commissioner (10+ years) and Chair of the Open Space and Habitat Commission (OSHC), having completed my term last December. I was involved in analyzing what is now being called the DiSC 2022 project in all of its iterations, so I hope you find my comments helpful in your discussions.

    I understand that at your meeting this Thursday, Oct 14, you are only deciding whether to establish a Davis Innovation and Sustainability Center (DiSC) Subcommittee, with the meeting to discuss the project as a commission to come later.  I am writing to strongly urge you to establish a subcommittee now.  The OSHC reviewed the project last week and expressed frustration that there were many issues that they did not have time to discuss; see this report of the meeting.

    Given the changes in the project – which you have not been fully presented with, but I believe that they are more extensive than you might imagine – and your commission's thoughtful and considerable recommendations from the last time, a subcommittee is absolutely essential for sorting through all the documents to figure out what has changed and how your recommendations might change as a result. 

    I note that your packet for this meeting only includes a two-page description of the project.  The OSHC was given a more extensive project description that you might find helpful; see Attachment 2 of this document.

    Here is an example of one large change that the BTSSC might be interested in commenting on and that a subcommittee could consider. The original proposal stated that "DISC will construct a grade-separated bicycle and pedestrian crossing on Mace Boulevard connecting to local and regional trails (see p. 14 of this document).  This was to be a baseline feature, meaning it was a guaranteed part of the project; indeed, the only way to guarantee that a promised feature will be in the actual project is for it to be designated as a baseline feature. 

    However, in the current DiSC 2022 proposal, the developer promises only to "acquire and dedicate land to accommodate a future grade-separated bike/ped crossing of Mace Blvd to be located north of the Mace Drainage Channel" (see p. 18 of the document given to the OSHC that I linked to above).  As I read this – and I encourage you to ask the developer about this directly – if the project were to go forward, there may or may not end up being a grade-separated bike/ped crossing of Mace Blvd as part of it, since they are only promising to acquire land to make a crossing possible in the future, and it's not even clear that the acquisition of land is a baseline, i.e. guaranteed, feature.  If I am right, this would be a loss of a significant feature of the project, one that I expect your commission would want to weigh in on.

    Again, this is just an example – I imagine that there are other such changes that a subcommittee could find, but that it would be difficult to discover if only one meeting is allocated to the issue, with materials appearing just a few days before.

    So again, I urge you to vote now to form a subcommittee, to look at the materials I have provided, and to ask if there are other relevant materials that would help you in your decision making.

    Sincerely,

    Roberta Millstein

  • Comments to the Open Space & Habitat Commission concerning DiSC 2022

    Screen Shot 2021-10-03 at 8.45.43 PM
    The following was emailed to members of the Open Space and Habitat Commission (OSHC) on Sunday.  The OSHC is scheduled to discuss the revised MRIC/ARC/DISC project, now dubbed DiSC 2022, at its Monday Oct 4 meeting.  If you wish to comment on the project yourself, see instructions on the agenda for the meeting, located here.

    Dear members of the Open Space and Habitat Commission,

    I am writing to you as a former commissioner (10+ years) and Chair of the OSHC, having completed my term last December. I was involved in analyzing what is now being called the DiSC 2022 project in all of iterations, so I hope you find my comments helpful in your discussions.

    To begin, I am pleased to see in the minutes from your last meeting the following: "[Ms. Reynolds] said the Commission also had the option of agendizing the Addendum to the project's Environmental Impact Report ("EIR") later this year if the Commission wanted to provide comments on the Addendum to the EIR. That meeting would have to happen before December when the project is scheduled to go before the Planning Commission, she said." I strongly urge you to do this. The OSHC has a history of productively discussing and giving comments on EIRs, as it did with earlier versions of DISC as well as Nishi and other projects, with the comments thoughtfully crafted from the Commission carrying more weight than comments from individual members. For example, you might wish to ensure that the biological surveys have been properly updated and that greater awareness of approaches to climate change are being taken into account, such as the lost opportunity for regenerative agriculture on the property if the project is built.

    Another important piece of background: in the last iteration of the project, the developer kept insisting that Mace 25 was not part of project, even though it clearly was. This led to mistrust in the community. Because of that mistrust, people are now concerned that this smaller project without Mace 25 is just a foot in the door for the already rejected larger project to come later. I urge you to recommend that the developer state, as a sign of good faith, that this is not their intention — designating the ~100 acres to the north of the project as ag mitigation would be the clearest way to do that.

    The rest of my remarks will focus on the Staff Report and related attachments, located online here.

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