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Category: Politics

  • 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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  • Surprising outcome and a few oddities at Planning Commission meeting

    Housing-ElementBy Roberta Millstein

    This is just a short update to follow on the Davisite’s earlier articles concerning the Housing Element Update (see here, here, and here).

    This past Wednesday (June 9th), the City of Davis’s Planning Commission met for a second time to discuss the recommendations of the Housing Element Committee (HEC)– the first meeting was May 26.  At the earlier meeting, most of the comments from the public concerned 10 recommendations that the HEC had passed.  And a good number of the comments came from UC Davis students who were apparently reading from the same script, since their comments were identical or nearly so.

    So, one might have expected that the June 9 meeting would be more of the same.  But that was not the case.

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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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  • 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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  • This sounds fishy!

    Sound-spikesBy Robert Canning

    At next week’s city council meeting, council will be asked to change the city’s sound ordnance. With little discussion or notice, city staff have added an item to the agenda that could have big implications for city planning and residential neighborhoods in Davis.

    In a nutshell, the amendment would, as one person has put it, allow someone to stand in front of your house and blow an air horn for a minute or two every hour without violating the sound ordinance. This would be allowed because city staff have decided it is better to measure sound by averaging it over an hour, rather than use a simple measure like the maximum allowed sound, how the current ordinance works. A quick check on the web shows that two other college towns – Chico and San Luis Obispo – have existing sound ordinances that use the “maximum” sound standard. Others have found that most cities use the maximum allowed sound rather than an average.

    And this makes sense. Using maximum allowable sounds – particularly during quiet periods like nighttime – eliminates repetitive loud noises like, to use an extreme example, pile drivers and other such concussive noises as the Chico ordinance notes. San Luis Obispo has sound levels for daytime hours that are meant to limit loud noises such as leaf blowers and the like.

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  • Letter from the Yocha Dehe Wintun Nation concerning the Cannabis Land Use Ordinance

    The following letter was sent to the Yolo County Board of Supervisors on May 4 and shared with the Davisite for publication.

    Dear Chairman Provenza and Board of Supervisors:

    On behalf of the Yocha Dehe Wintun Nation, I write to voice our continued strong concerns about the manner by which the County of Yolo is proceeding with regard to its Cannabis Land Use Ordinance ("CLUO"). Our concerns are far-reaching and fundamental. We continue to believe the Environmental Impact Report the County commissioned is deficient under the California Environmental Quality Act ("CEQA"), for all of the reasons stated in our prior correspondence and which we hereby incorporate by reference.  For reasons we cannot fathom, the County continues on a myopic course, refusing to supplement or expand an analysis to one that measures the actual environmental impacts of an industry the County unleashed four years ago as an admitted experiment, and without any CEQA analysis whatsoever.  On a matter of such great import, involving a land use policy affecting so many people's lives, we fail to understand why the County is unwilling to take the time needed to get it right, or meaningfully consider reasonable alternatives to  protect people and their property. Instead, the County seems dedicated to moving forward against this deficient record, and recommending final action on an ordinance that will establish legal rights for a problematic industry.

    We implore the Board to step back and review the record. The comments from long­ time Capay Valley farmers and residents are generally consistent. Furthermore, County responses to people's grievances are revealing, as they are largely dismissive and conclusory, and protective of the cannabis industry generally. By this correspondence, we ask the Board to take corrective action and slow this process down to ensure CEQA is satisfied and that the best land use policy is developed. At the same time, we ask the Board to grant the Tribe's and our neighbors' request to protect the Capay Valley region, and in particular to, carve cannabis grows out of the rural residential communities west of Interstate-505 along State Route 16, which are simply not suitable to cannabis cultivation. As noted, the Tribe would help mitigate the impacts to growers who invested in the Capay Valley, by helping finance their relocation.

    Our Efforts to Reach A Resolution That Would Protect Much of the Greater Capay Valley Region from Cannabis Cultivation.

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  • Capay Valley is Being Overrun by a Disproportionate Share of Yolo County Cannabis Farms

    The Overwhelming Majority of the Owners of these Cannabis Farms are NOT Capay Valley Residents

    by Alan Pryor

    According to records provided by residents of Capay Valley opposed to the proliferation of cannabis farms in that rural and semi-rural area, there are 54 licensed pot farms in Yolo County with identified APN parcel numbers. Of these 54 farms, 27 (50%) are located in or near the unincorporated towns of Guinda, Rumsey,  Capay, and Esparto in the geographically short and narrow Capay Valley. The remaining 27 farms are located in other widely dispersed unincorporated areas of Yolo County. Based on land area alone, this is obviously a hugely disproportionate concentration of cannabis farms in this generally less wealthy area of the County.

    Capay Valley Cannabis Farms

    It is further noteworthy that of the 27 cannabis farms in the Capay Valley, only 7 (26%) have a person or business owner with an actual identified mailing address in the valley itself – everyone else is from somewhere else.. (Note: County records are incomplete or inaccurate so some property/business owner information was not released or otherwise unobtainable. As a result, not all information is currently available for all cannabis farms licensees).

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