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Category: Ethics

  • What the HEC is Going On? Part III

    image from davisite.typepad.comConflicts 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)

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  • 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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  • California’s Huge Budget Surplus Provides Once in Lifetime Opportunity to Bury Fire-Causing Power Lines

    Four power line fires map Sonoma Independent June 3 2022

    By Nancy Price

    Despite predictions of an even worse year for wildfires and power shutdowns than 2020, not one dollar of California’s immense $76 billion budget surplus is being allocated to actually prevent wildfires which is to bury overhead power lines.

    Since 2017, four of the six most destructive fires have been sparked by overhead power lines. Burying just a tiny fraction of these lines that pose the highest risk of fires is by far the most important preventive measure to protect us from catastrophic fires and the terrible cost we pay with our lives, health, economy and environment. 

    Preventing fires mean we can protect our forests that are much need carbon sinks so we can realize our state’s ambitious greenhouse gas reduction target to achieve carbon neutrality by 2045.

    Burying overhead wires would also eliminate the expanding number of massive power shutdowns that liability-averse utility companies order because of the fire risks. These shutdowns impacted 2.5 million Californians last year, especially the elderly and infirm, whose lives sometimes depend upon medical machinery requiring steady electricity.

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  • 15 mph DESIGN SPEED in Davis!

    SD15
     
    My strong feeling is that all local streets – including Downtown – should have a 15 mph design speed. This is already a number most are familiar with, as it's used alongside e.g. speed tables on school routes and even the sharp turn from 2nd St to L St.

    The design speed is a speed that most people feel comfortable moving at in motor vehicles. People on bikes can also feel a design speed, but they are nearly infinitely more inherently safe than motor vehicles to others in the public ROW. 15 is also a bit faster than most cycling speeds.Traveling by bike on most greenbelt paths in Davis at 15 mph feels too fast – the paths are under-built – and perhaps the biggest design flaw in post 1970's Davis, sadly and ironically complemented by the clinically-insane wideness of many streets in West Davis, Mace Ranch and South Davis… but also much older streets in Old North, etc.

     
    Does it seem slow? Perhaps. However, consider that for most journeys by motor vehicle a relatively short distance is on local streets. So any journey lengthening will be minimal.
     
    Or can it even be shorter? Yes! 15 mph speed design is best complemented by elimination of existing mandatory stops; to be replaced by yields. It's these often unnecessary stops that lengthen journey time the most. Getting rid of them also decreases pollution (gas, particles and noise) and makes people less likely to feel the need to speed to the next stop sign.
     
    So it can be both safer and faster!

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  • Big problems at BTSSC meeting tonight!

    2nd StRailway modification project along 2nd St. leads to subverted process and disrespected City policy.

    The item "CCJPA 2nd Street Improvements 30% Design" is on the Consent Calendar for the Bicycling, Transportation and Street Safety Commission (BTSSC) today.

    The Capitol Corridor Joint Powers Authority (CCJPA), which runs the eponymous rail service with partner Amtrak, is planning to make modifications to the railway parallel with 2nd St, roughly between L St and the Pole Line. A significant part of the project will also raise, repave and re-stripe 2nd St – there's long been a problem with railway ballast making its way to the street – and include installation of an ADA-compliant sidewalk on the north side of the street, where no sidewalk currently exists up to the west end of Toad Hollow.

    So far, so good? Unfortunately not. The item involving a significant infrastructure modification is only on the Consent Calendar and the changes to the street itself – aside from the new sidewalk, which is clearly a good thing – are not following the 2016 Street Standards, and the whole length of 2nd St is not compliant with the 2013 General Plan Transportation Element.

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  • What the HEC is Going On?

    IMG_0744The Subversion of the Housing Element Committee (HEC) Deliberation Process by Hidden Development Interests

    Note: Several recent articles in the Davisite touch on the subject matter discussed here: For other comments on the Housing Element’s failure to address affordability and the proposals being pushed by development and real estate interests, see Davis Housing Element Fails Affordable Housing (5/27/2021). See also Comments on Draft Housing Element from Legal Services of Northern California (5/25/2021) For comments on problems with the City of Davis’s decision-making process see Good decision-making process involves staff and City Council too (6/3/2021)

    By Alan Pryor and Rik Keller

    The City of Davis’s Housing Element Committee (HEC), which is supposed to represent a “diversity of interests” in the community, was instead co-opted by development and real estate interests. Two weeks ago, there were a last-minute series of policy recommendations that were sprung on the Committee by these same real estate and development interests in violation of Brown Act open meeting laws. The HEC then further violated these laws in considering and voting to adopt 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 the favorable recommendations approved by the HEC.

    This subverted process brings up important questions: Why has the City directed a process that has so little public input, especially from genuine affordable housing advocacy groups? How did the City staff allow so many violations of Brown Act laws regarding transparency and open government? Why did the City select HEC members with such a preponderance of real estate interests instead of appointing more representatives from the affordable housing community?

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  • Comments on Draft Housing Element from Legal Services of Northern California

    Screen Shot 2021-06-06 at 11.20.18 AMConcerns raised about lack of public participation from all economic segments of the community without adequate time to review, among many other concerns. Additional changes are needed to comply with the law and provide the most effective strategies to address the critical housing needs facing Davis residents with low incomes.

    Background: The City of Davis is preparing the 2021 – 2029 Housing Element to evaluate current and future housing conditions and identify housing sites to meet the community’s needs. Updating the Housing Element is a state requirement. The following letter commenting on the Draft Housing Element from Legal Services of Northern California was sent to the Davisite to post.

    May 25, 2021

    Jessica Lynch, Senior Planner
    Department of Community Development and Sustainability
    23 Russell Boulevard
    Davis, CA 95616

    Via email at jlynch@cityofdavis.org
    Re: Housing Element Update 2021-2029, draft submitted May 3, 2021

    Dear Ms. Lynch and City of Davis Staff,

    We are writing to provide comments on the Draft Housing Element released for public comment and submitted to the California Department of Housing and Community Development (HCD) on May 3, 2021.

    As you know, Legal Services of Northern California (“LSNC”) is a nonprofit civil legal aid organization providing legal assistance to low income individuals and families throughout Yolo County. LSNC’s mission is to provide quality legal services to empower the poor to identify and defeat the causes and effects of poverty within our community. LSNC has represented tenants in Yolo County since 1967. Last year, we handled more than 900 housing cases, including almost 200 cases for Davis households. Through our work, we gain insight into the struggles of low- income residents in Davis.

    We have prepared these comments in partnership with and on behalf of the Sacramento Housing Alliance, a nonprofit coalition that works to ensure that all people in the greater Sacramento region have safe, decent, accessible and affordable housing in healthy neighborhoods supported by equitable public policies and practices.

    The draft element adequately addresses many of the statutory requirements. Our comments cover areas where additional changes are needed to comply with the law and provide the most effective strategies to address the critical housing needs facing Davis residents with low incomes. We, along with SHA, are happy to discuss our comments and provide additional input as the City incorporates our suggestions and finalizes the draft.

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  • Good decision-making process involves staff and City Council too

    Screen Shot 2021-06-03 at 4.27.34 PM

    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.

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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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  • “Should Trees Have Standing?”

    IMG_7711The legacy of Christopher D. Stone.

    By Nancy Price

    It is fitting to honor Christopher Stone just when the Vanguard is hosting a webinar on the topic of Climate Change, SocioEconomic Disparities in Tree Cover and Sustainability on Sunday morning (May 23).

    For those who have never read Stone’s seminal article, he is remembered by so many as the father of environmental law for his inspired, path-breaking article, “Should Trees Have Standing? Toward Legal Rights for Natural Objects.”

    In this 1972 article in the Southern California Law Review where he taught at the USC Gould School of Law for 50 years, Stone wrote: “I am quite seriously proposing,…that we give legal rights to forests, oceans, rivers and other so-called ‘natural objects’ in the environment – indeed to the natural environment as a whole.” He went on to propose that these rights would be asserted by a recognized guardian, much as the law allows for guardians for children, incapacitated adults and others who have rights but require someone to speak on their behalf. As Stone pointed out, “the world of the lawyer is peopled with inanimate right-holders – such as trusts, corporations, joint ventures, municipalities…and nation states.” Stone was insisting that rather than treating nature as property under the law, that nature in all its life forms has the right to exist, persist, maintain and regenerate its vital cycles.

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