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

Category: Current Affairs

  • Welcome to Al’s Corner – “Pouring Gasoline on the Dumpster Fire of Davis Politics” – Volume #4

    image from www.sparkysonestop.comThis is Al's Corner, a place to comment on local issues and articles/comments in other local forums that you may or may not have been banned from.  For the few Rule-ez at Al's Corner, see "Pages" –> "Al's Corner – What It Is".

  • NO on Carson (Letter to Editor, Davis Enterprise, June 3rd, 2022)

    Campaigners are often so set in the righteousness of their views that they forget that the only people they need to convince are those few in the middle weighing both sides. Carson changed my vote on Measure H.

    I see both advantages and consequences to building DiSC; my main issue was infrastructure, specifically the bike under-crossing. I was torn but until recently decided to cross the 50-yard line in support of the project, based on the developer's commitment to build the bike/ped tunnel (though I was getting concerned as some pointed out the wording in the agreement could allow the 'commitment' to be pushed off indefinitely).

    Then Carson became the head of the committee to support the project he just voted to put on the ballot, as a coucil-member. I'm fine with council-members having opinions and speaking out, but I don't ever want to see such an intimate relationship between a party of interest and a politician, even if technically legal. Honestly, I may never have noticed, had Carson not chosen to become the developer’s proxy to sue Davis citizens over a ballot argument. Yes, the ‘No’ ballot argument is outrageous; also outrageous is the developer’s ‘Yes’ ballot argument, lawn signs, etc. That's the nature of ballot arguments!

    Loss of political integrity on this scale trumps mere issues and must not be tolerated. I will not only vote No on H, but likely permanently against this piece of land and this developer. I will also get my exercise this fall by walking the streets of West Davis in support of Carson's replacement.

    Vote NO on Carson.

    Alan C. Miller
    Davis

  • Welcome to Al’s Corner – “Pouring Gasoline on the Dumpster Fire of Davis Politics” – Volume #3

    image from www.sparkysonestop.comThis is Al's Corner, a place to comment on local issues and articles/comments in other local forums (that you may or may not have been banned from). 

    For the (very few) Rule-ez at Al's Corner, see top of right column on home page under:  "Pages" –> "Al's Corner – What It Is"

  • Welcome to Al’s Corner – “Pouring Gasoline on the Dumpster Fire of Davis Politics” – Volume #2

    image from www.sparkysonestop.comThis is Al's Corner, a place to comment on local stuff.  It's also a place to comment on articles and comments from other local forums you may have been banned from.  For the Rule-ez, see top of right column:  "Pages" –> "Al's Corner – What It Is"

    Al's Corner #1 was a smashing success.  Please ruin  Al's Corner #2 with poor, thoughtless comments that will make babies cry.  Without contrast to success, there is no victory. 

    Enjoy! 😐

  • This Sounds and Smells Fishy – More Noise Ordinance Follies

    By Robert Canning

    Almost a year ago, City of Davis staff attempted to slip a change to the City’s sound ordinance through the city council with little discussion and no commission input. The proposal was pulled back by staff after questions immediately arose about the intent and substance of the change, and how they related to a controversial (and noisy) piece of playground equipment in Arroyo Park.

    Now, the staff are bringing a new proposal to the Recreation and Park Commission and asking the commission to review the report of a sound consultant and give “feedback” on new locations for the Sky Track equipment based on the staff report and a survey of Davis residents who live within 1,000 feet of the equipment. The staff report quotes at length from and discusses the sound consultant’s report. But basically, the sound consultant parrots the line from a year ago that the city should use the average of sound over time rather than the maximum allowable sound as the basis to evaluate whether the Sky Track produces is too noisy. 

    It is puzzling why the consultants continue to use the Leq metric since that does not appear anywhere in the Davis Municipal Code section on sound (Sec. 24.020). In fact the ordinance specifically states that “Noise Level means the maximum continuous sound level or repetitive peak level produced by a sound source or group of sources…” It’s unclear why the staff report states on page 2 of the report that the consultants “determine that the “City Standard is a Leq”. Isn’t it the city’s job to tell the consultants what the code says? We shouldn’t be asking noise consultants to give a legal interpretation of the city code – to the city. And there is no timeframe referenced in the city code, which would be required if an average measurement is to be used. A change in the language of the ordinance regarding maximum allowable sound levels, as has been pointed out before, has ramifications beyond the issue of Arroyo Park and are akin to last year’s fiasco should not be contemplated without more public input.

    (more…)

  • Welcome to Al’s Corner – A Place to Comment on Local Stuff – #1

    image from www.sparkysonestop.comThis is Al's Corner – A Place to comment on Local Stuff, free from the censorship of biased people.  Free speech rocks!  Recent happenings at Netflix & Twitter give hope that Cancel Culture in the U.S. is dying.  Recent happenings in Davis local media . . .  not so much.  Al's Corner is a place to speak your mind on all things Davis, even as other local forums become more exclusive, more moderated, and more noisier echo chambers that don't welcome dissent, recognize humor, or allow 'incorrect' opinions.  That's why I created Al's corner — comment here on local media content and comments, without having to deal with the Thought Police. 

    (more…)

  • Hold your pets! Hold your breath! FIREWORKS are back!

    Dog-fireworksAt this Tuesday's City Council meeting, May 10th, at 630pm, less than one month ahead of Celebrate Davis and less two months ahead of the 4th of July, the City Council is planning to authorize pyrotechnic displays at these events.

    For the past two years due to COVID and/or wildfire smoke issues, spring and summertime fireworks have been suspended for the most part. Wiith all the other stresses on our families, it's been a literal lifesaver for dozens or more pets typically killed, injured or traumatized by fireworks, and a small measure to keep the air clean as many took their last breaths due to the pandemic. It's likely that wild animals also suffer. Some may also have supported the cancellation in solidarity with communities nearby that burnt in recent years.

    We breathed in the smoke from fires in Paradise, so why are we allowing toxic combustibles to be launched into the sky, also as many of us do all we can to help people attacked by larger pyrotechnics in Ukraine?

    Sadly, it's claimed that pyrotechnic displays fulfill the Council Goal to "Support an array of festivals and celebrations that will culturally enhance and engage our community [and] promote equity…"

    Cultural? Engagement? EQUITY?

    We can have fun and safe events that promote community and patriotism without fireworks!

    What can we do about it? Many cities around the country have replaced fireworks displays with lazer light shows. The Council – or at least Mayor Partida – and a representative of the Davis Chamber of Commerce – organizer of Celebrate Davis – are aware of this and have engaged with citizens in past years. So it's unclear why this is only on the Consent Calendar, presumably to be passed without comment.

    We need to comment immediately, in advance of the Council meeting! By email – before 3pm on Tuesday – to or by calling in starting at noon that day at 530-757-5693 and leaving a message of up to two minutes in length. Please voice your opposition (and why), ask for a light show instead of fireworks, and for the item to be pulled from the Consent Calendar so that it can be discussed.

    It may also be useful to contact the Natural Resources Commission which is having a special meeting on Monday at 630pm about the City's climate actions (CAAP), by email to by10am Monday and/or by calling in live at 530-757-5693 as a general comment at the beginning of the meeting, or you can probably relate this issue to climate change and alternatively can call in during public comment for the CAAP item.

    Please copy emails to the Davis Chamber of Commerce: and or call them at 530-902-7699 or contact them separately with the same message as above.

    City Council links: https://documents.cityofdavis.org/Media/Default/Documents/PDF/CityCouncil/CouncilMeetings/Agendas/2022/2022-05-10/03N-Fireworks-Display-Authorization.pdf + https://documents.cityofdavis.org/Media/Default/Documents/PDF/CityCouncil/CouncilMeetings/Agendas/2022/2022-05-10/City-Council-Agenda-05-10-22.pdf

    NRC link: https://documents.cityofdavis.org/Media/CityCouncil/Documents/PDF/CityCouncil/Natural-Resources-Commission/Agendas/20220506/2%20Agenda%20Natural%20Resources%20Commission%20Special%20Meeting%20Agenda%20May%209,%202022.pdf

    Davis Chamber of Commerce links: https://www.davischamber.com/celebrate-davis.html + https://www.davischamber.com/

    Finally, Nugget Markets is the Title Sponsor of Celebrate Davis. They and other sponsors such as Dignity Health and Kaiser Permanente would probably not want to be associated with a potentially great event that is toxic and worse for families. Contact them, too!

  • Citizens try to recoup costs resulting from spurious lawsuit

    Scales-of-justice(From press release) Today in Yolo Superior Court, the attorneys for the citizens who wrote and signed the No on Measure H ballot statement, filed a motion for an award of legal fees and costs they incurred in their defense of a lawsuit filed by Davis City Councilmember Dan Carson. Carson had previously sued the ballot signers claiming their ballot statement was false or misleading.  

    The citizen Defendants (the “real parties”) named in the Carson lawsuit retained legal representation on a partially contingent basis which permitted the attorneys to seek an award of their legal fees if they were successful in defending the ballot language against Carson’s claims.  

    The Defendants’ filing states The Court outright rejected three of Petitioner’s challenges and adopted Real Parties’ suggestions for the two modest edits it ordered.” 

    Alan Pryor, the Treasurer of the No on DiSC campaign and one of the Defendants stated “Carson’s lawsuit requested whole sentences in the ballot statement be stricken by the Judge. In his final ruling, however, made only two small changes that were suggested by authors of the statement.” 

    In my experience, it is highly unusual for a sitting public official to sue their own citizens over ballot arguments,” said Beverly Grossman Palmer, an experienced election attorney and partner at Strumwasser & Woocher. “None of the attorneys in my firm can recall a similar situation in any of our collective years of practicing election law.”

    (more…)

  • Four Car Washes Near 80 & Mace?

    Car wash center sign

    Poorly-Photoshop'd modification of "Davis Auto Center" sign on Chiles next to I-80

    I have been engaged for a couple of weeks on the subject of the proposed car wash at 480 Mace (at Cowell Blvd.), and have written about it.

    I am not sure when the following items appeared on the City's website, but I see now that there's also a plan for a "new service station, a convenience store and carwash, a separate retail building, and related site improvements" at 4810 Chiles AND to "maintain the existing carwash [and] construct a new 2,832 square-foot convenience store" and implement related features at 4480 Chiles, which already has a car wash.

    My concerns are:

    1) The public notification and project documents for the 480 Mace proposal make no mention of the simultaneous process for 4810 Chiles, for which Mr Njoku says he's aiming a hearing on March 23, 2022, though I believe Sherri Metzger said at the PC meeting tonight that this was not guaranteed – nor for 4480 Chiles, which Mr Lee says will have a hearing "soon". This is two weeks after the re-scheduled Planning Commission hearing for 480 Mace. What's the CEQA comments deadline for 4810 Chiles? The sum of this seems to be that perhaps a week before the re-rescheduled Planning Commission hearing on 480 Mace, the residents of 4735 Cowell Blvd who received the 500 ft notice that proposed car wash will receive another for the second car wash at 4810 Chiles, as will other commercial addresses within the 500 ft radius BUT significantly also the Ellington Apartments, which have their main entrance on El Cemonte, and a small shared border with 4810 Chiles. Is the 4810 Chiles applicant going to be making the same mistake as 480's in regards to a lack of outreach. (The letter about the requested continuance from the 480 Mace applicant which was shown at the PC meeting tonight thanked Staff for circulating the announcement and mentioned they were doing similar on NextDoor. Nothing else.

    Car wash plan mapOn the left the two existing car washes; on the right two proposed.

    Note that proposed ones are directly adjacent.

    2) The Traffic Studies for 480 Mace and 4810 Chiles make no mention of each other. I had already written about my concerns for the overlap for design and signalling changes for 480 Mace proposed mitigations and the Mace Re-Design non-approved plans, and this makes me even more curious.

    3) The Traffic Study for 4810 Chiles seems to show egress from NB Mace, but it's not clear if it's open, one-way etc. The Study mentions no mitigations for it.

    4) The available documents for 4810 Chiles include maps which marginally at best show El Macero Village and Ellington as "Apartments", not e.g. perhaps 500 people or more within 500 ft.

    5) The documentation for 480 refers to the proposed buildings having visual elements similar to those nearby, but this is not inclusive of what's proposed for 4810 Chiles, which looks objectively remarkably different (and subjectively incredibly generic and ugly.)

    Circle K

    Proposal for 4810 Chiles… yeah, ugh…

    6) I understand the current zoning, the district plan already referred to by Staff as "out of date", but don't see how it makes sense to have a total of four car washes in close proximity to each other (three mentioned and the one behind the Chevron station at Mace and 2nd St.) and why it's been encourage or allowed to be pursued. Given the very close timing of 480 Mace and 4810 Chiles including the lack of time and effort for community input for 480 Mace, it also seems like a race. Perhaps the Planning Commission won't approve them but what if it does, because…

    7) Two of the proposed car washes are so close that their vacuums – or loud stereos played by customers – may be able to be heard by visitors to the other location, and more critically by the apartment complex that lies partially directly in between them, El Macero Village Apartments, where I live, except during the times that the sound of I-80 is louder, but then this all has at least a subjective cumulative effect.

    8) Fehr & Peers has done the Traffic Studies for both 480 Mace and 4810 Chiles, and also the design plans for the Mace Re-Design. For the former two they are working for the applicants and for the latter for the City (and County?). It's not clear if their work for the City for the Re-Design of Mace has been used for 480 – or also 4810 Chiles – but it seems so as in the Study for 480 they suggest mitigations for areas – namely, the intersection of Mace and Cowell – for which they've also proposed concrete design modifications at the direction of the City. Is this all perfectly normal?

  • Not the Road to Not Waste Water

    Poor Outreach, Questionable Process, Certain Traffic Risk, Likely Noise, Unlikely to Meet Shading Goals, Possible Toxic Micro-particulates… Do Plans to Recycle Water Make this Car Wash Acceptable?

     

    Wide view of proposed car wash

    Curious visualization provided by the applicant: Less than 50% shading of non-planted areas, with some trees not appropriate for Davis, no dirty or clean cars… and one person riding a bike on the sidewalk.

     

    The Planning Commission is holding a hearing scheduled for March 9, 2022 on the proposed Express Car wash at 480 Mace (at Cowell Blvd), and on this date it will presumably vote on recommendations for the project, which will be brought to the Council at an unspecified later date. See the above link for information about a community meeting on February 24 — The public comment period ends today.

    In my view there have been mistakes in outreach and process, and there are likely multiple negative impacts – mostly due to traffic and noise – of the proposed business at THIS location, only some which have been addressed – or mentioned at all – in the available documentation.

    A significant amount of the documentation is on the subject of how the facility will re-cycle water. It's not clear why the self-identified eco-friendly City of Davis doesn't already require this of all similar facilities, nor why the project applicant was not encouraged to – or on their own – partner with one of the existing facilities less than a few minutes away – to allow an update for water-saving and the newer-style hybrid full- and self-serve car wash proposed for this site.

    I've made a list of issues below to make this easier to digest, and for me to focus upon! Perhaps only some of these things bother you, perhaps some you've not considered….

    I live at the other side of the apartment complex next door and have no financial interest whatsoever in this location nor this type of business.

     

    Communication, Outreach, Process

    + Their documents from December promised "community outreach", yet they didn't organize it until after people complained following an article in the Davis Enterprise and a public notice sent out in early February to addresses within 500 ft of the proposed project site.

    + They did no outreach to the Pioneer Elementary School community until one was scheduled due to community pressure. It's not clear how this community has been notified about the sole meeting.

    + They've done no specific outreach to residents especially on the west side of El Macero Village next door, where at least six units are in line of sight to and close to 14 industrial vacuums that will start to be used seven days a week, and from 7AM to 7PM in the summer.

     

    NooutreachMOD

    A promise but nothing except under pressure – From the City of Davis website, and on there from last year (if you knew where to look) and in advance of the setting of the date hearing in the Planning Commission.

    + This was not brought to the Bicycling, Transportation and Street Safety Commission, which actually looked at the Mace Re-Design a week after the public notice about this was sent out.

    + It was not brought to the Natural Resources Commission, which would make sense to me due to its noise and even potentially positive water impacts, assuming people stop using another facility or don't wash their vehicle at home.

    + It was not brought before the Tree Commission. Though there's little being done to remove existing trees, developers do obligations for a certain amt of tree cover within a certain number of years.

     

    NotconnectedwithMaceMessMOD

    On February 7, 2022 Planning Staff told me " Mace Corridor Project is a separate process. This project is not directly related and will not conflict with Mace Boulevard modifications. I assume you are familiar with what is happening and know about the Feb 10 BTSSC meeting when they are scheduled to discuss the corridor.

     

    Traffic Risks

    + The Traffic Study suggests mitigations within the geographical scope of the Mace Re-Design project, with a final design the Council will vote on in March, before they've had a hearing on the proposed car wash.The proposed mitigations affect the same built features and signalization equipment. Is the intention that Planning Commission will recommend changes that the Council will decide in the scope of the Mace Project, before they decide again on the same elements at the car wash hearing?

    + The Traffic Study makes no mention of the driveway of El Macero Village, which is perhaps less than 50 feet from the proposed Cowell Blvd driveway for the car wash.

    + The Study proposes multiple mitigations for traffic impacts including a left turn pocket into the car wash from EB Cowell, which is in the footprint of the current EB driving path into the El Macero Village driveway.

     

    TrafficMOD1

    Paths used related to the project if there are no physical modifications that prevent movements. RED is motor vehicle movements, Blue is people riding bicycles, Green is people walking. Note that movements to and from the area at the right (east), El Macero Village, were not part of the Traffic Study.

     

     

    + The Study proposes mitigations solved by staff guiding customers, signage and some hard features (which physically-restrict turn movements, etc), u-turn allowances and so, all at an already busy intersection along a Safe Route to School for children from west of Mace who attend Pioneer ES, and including a bus stop for two NB Unitrans lines. Though there seems to be significant storage space inside for vehicles to queue waiting for a wash, an overflow will go into Mace, just north of the bus stop, and along a Class II bicycle facility.

    + A local tree expert has already spoken in Council that he doubts the tree coverage plans, e.g. the visuals show shading on areas besides concrete, when only the concrete, asphalt etc counts.

    NoSetBackNoTreeCover

    Heat Island? Facing South towards Cowell Blvd.

     

    + My research has shown that the industrial vacuums typically used for self-service at car washes don't have HEPA filters. It's not clear if micro-particulates from vehicle cleaning will affect nearby areas, e.g. the apartments nearby. This issue is not mentioned in the project documentation.

    + Planning Department Staff told me that the South Davis Specific Plan is "out of date" yet "not formally rescinded". The links he sent me were from 1987 and earlier. Though a car wash is allowed, lots of other things are also allowed. See here,

    NoSetBackDetail

    Out of Code? The Davis Municipal Code requires a 25 ft set back, but in the plan – the dotted area is the eastern limit of the property – the residential district is about 15 ft from the structure. See http://qcode.us/codes/davis/view.php?topic=40-40_16-40_16_050&frames=on

    + El Macero Village, next door, is very close to I-80. Units have modernized windows, but it's very noisy it they're open. People living nearby already have this burden to deal with. There's no car wash in Davis which has multiple self-service vacuum cleaner stations located so close to so many residences, and open so early AND late. (The only roughly comparable site is Cable Car, but it opens an hour or two later and closes an hour or two earlier, depending on the season. It doesn't have 14 vacuum units, let alone 21 in total like the proposed car wash.)

    + In many places in California it's not legal to wash a vehicle in front of one's house, and in Davis only  due to the drought do we have the minimal required mitigation of a nozzle on every hose. I recall using a car wash in San Francisco in the 1990's, and pretty sure that at the time all car washes had to recycle water. Why is "Eco-Davis" so far behind in this aspect?

    + Presumably the applicant has a business case, and this "pencils out" for them and any investors. But is this accessing an untapped market (people that never wash their cars or do it at home) or will it serve people who currently use facilities elsewhere in town or nearby? If the latter, is it helping reduce lines and waits at these places, or just taking business away? Has there been a detailed study on this? It's great to have a car wash that recycles water – and I have a car, too, which I like to keep clean – but this location simply presents too many challenges and risks in noise and traffic safety and environmental degradation.

    IMG_20220214_141807(1)

    This is a view from the entrance area at the second story apartments to the east of the project. The applicant produced no visualizations from this point of view. The proposed wall of seven feet in height will be just a little taller than the bushes next to the fence. It's likely that some of the vacuum bays will be in view of the apartment windows, which are closer and have a different angle than this view.

    I always prefer a locally-owned business when I have the choice. It's not relevant to me if they're successful immigrants and new to the region or country or have been in town for a long time, and that's not something that the Planning Commission should find particularly relevant.

     

    Zoning (and more about process…)

    The area has changed a lot since 1987, it's way more built up, and Mace is now seen by many tens of thousands of people as a legit bypass of I-80, and it's not clear what the Re-Re-design will change. The proposed site is immediately next to a residential site – and from what I see the proposed set back is too short, it's about 15 ft from a structure on the east side of the lot to the residential property line – and we know a lot more about negatives of sound then we did decades ago, though the applicant says it will be just at legal limits at peaks (stereos of customers mentioned in a discussion on NextDoor were not taken into account). So just the fact that this is an industrial site right next to a residential one makes it somewhat unique, and of course wealthy people in town and City Council members don't live next door, and on top of that, the aforementioned specific conditions tell me that a lot more communication from the City and from the applicant should have been done, rather a single meeting scheduled only after people wrote the City with comments.

    Perhaps it needs to be re-zoned. The world has changed since the early 1980's when zoning was sorted out for this location. Possibly for housing. New housing could have considerable mitigation for noise, with special windows, building materials and dense greenery Without any parking, which would just be a waste of space, and expensive to build underground, and to make up for not building it higher than 35 ft. The lot is roughly half the size of the lot next door, which has over 100 two and three-bedroom apartments, but also considerable space used for parking, green space and recreation areas. So perhaps up to 50 one to three bdrm apartments with a central atrium.

     

    In Conclusion…

    Formal problems such as an improperly limited traffic study, the over-lapping approval situation with the Mace Re-design, an apparently not enthusiastic position on community outreach, especially to most relevant elementary school, the unclear outcome of the Mace project (besides the formal overlap) and sensitivity of the area, perhaps newly realized, due to the shooting incident and collision in the past couple of weeks, tells me that we should all thank the applicant for trying to make a better car wash and create a few well-paying jobs with good insurance benefits, but to do it in another location — perhaps working with one of the current car washes not so far away to convert it to this more modern type.