By Larry Guenther

The Old East Davis Neighborhood Association (OEDNA) requested that the Trackside Appellate court decision be reviewed by the California State Supreme Court. Some were critical of our decision due to the long odds. We were quite aware of the odds, and thus the decision not to review the decision comes as no surprise. We believed, however, that enforceability of City planning documents was a battle worth fighting.

This was a fight for public awareness and enforceability of city planning documents – Statewide. For people to believe in the law, it must be enforceable. With the publication of the Trackside decision, the current City Council can interpret planning documents, approved by previous City Councils, to mean whatever they want them to mean – with no repercussions.

We make plans to create certainty. OEDNA participated robustly in creating the Davis Downtown and Traditional Neighborhood Guidelines to gain certainty for developers and for residents. This decision negates that certainty. So what, then, is the purpose of moving forward with any city planning documents? The Downtown Plan, the General Plan, the Climate Action and Adaptation Plan, or any other plan? The details of those plans – those things we fight for and that we believe have teeth – have no teeth.

Who loses out? The residents of our City, and of every City in California. Because with this decision, all California city planning documents have become uncertain.

Larry Guenther is President of the Board of the Old East Davis Neighborhood Association.

Amanda Long and her daughter (Courtesy photo)

(From press release) Soroptimist International of Davis awarded a record $20,000 in funds in 2022 through its signature Live Your Dream: Education and Training Awards for Women.

Women are encouraged each year to apply for the awards if they are the primary wage earners for their families, and need financial assistance to further their education or training. Recipients have often faced hardships or challenging circumstances.

This year, SI Davis gave a boost to six women, with cash awards ranging from $1,000 to $5,000. These unrestricted grants may be used to offset costs that a scholarship wouldn’t, such as child care, transportation or other financial obligations that hinder a woman’s ability to reach her goals. Soroptimist International of Davis members remain in contact with the recipients, offering them mentorship and support.

The top 2022 recipient is Amanda Long, a UC Davis microbiology student who commutes from Citrus Heights so her 9-year-old daughter’s school and day care won’t be disrupted.

Long is a first-generation college student but hopes not to be the last. As she nears graduation, the single mom told Soroptimist members that she’s “becoming someone who my younger self would never had thought possible. … I can see the effects that my education has on my young daughter.”

Long is looking for work as a clinical lab scientist, and plans to eventually apply to graduate school. She’s been studying antibiotic-resistant bacteria, and hopes to continue in that area. The award is being used to pay for transportation costs.

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(From press release) A goal of Yolo County Farm Bureau (“YCFB”) is to preserve and protect prime farmland that is fundamental to the ability of Yolo County farmers and ranchers to provide a safe, reliable supply of food and fiber.

Pursuant to that objective we have evaluated the DiSC 2022 102- acre development, proposed on the east side of Mace Blvd, north of Interstate 80. This proposed project is pending decision by the City of Davis electorate at the June 7 election.

This development would convert prime farmland into business and residential uses. YCFB has carefully considered the City of Davis project file, including submittals and the letter filed by Yolo County (12/6/21). YCFB board members have driven to the project area, looked at the project perimeters and current uses of adjacent lands.

We comment at the outset that County correspondence emphasizes that the DiSC 2022 developers here have sought to annex and develop farmland that is completely outside the City of Davis “Sphere of Influence.” This area has not been included in a relevant LAFCo area suitability review. Thus, necessary studies have not taken place: the bottom line is that appropriateness of this use on this property has not been independently, publicly evaluated. This project does not deserve public support because it is an “opportunistic” conversion of farmland. It is not a carefully planned transition that we define as: Urban growth is considered but impacts on the agricultural lands and economy are included from the inception of the process, and are part of the equation.

For our purposes, we are looking at the direct loss of 102 acres of very prime land and the impacts of the urban use on adjacent farming. This acreage is an important part of the necessary farming base that supports our equally critical agricultural infrastructure—the vendors and manufacturers of supplies, inventories and equipment. The more farmland that is lost—Yolo County is less able to keep its farmers and ranchers operating.

Many interested in farmland preservation focus on “Mitigation” and what ratio—ag land turned into urban uses—to land that must be “preserved” for agriculture is appropriate. The various concerned and interested groups speak in terms of 3-1 or 2-1. We point out that every acre of prime farmland lost to urbanization is permanently lost. There is a loss of farmland no matter what ratio is used. Thus, we oppose this project because 102 prime acres are permanently lost.

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For Immediate Release  – April 19, 2022

From No on Davis Innovation and Sustainability Campus – No on Measure H

Re: Carson lawyers file motion seeking to deny legal fees to opponents of the Davis Innovation and Sustainability Campus (DiSC) after his lawsuit failed to substantively change the No on Measure H ballot statement

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Councilmember Dan Carson revealed this week that he intends to go after Davis residents in court again.

In court documents filed late Monday, Carson said he wants the six residents who signed the ballot statement against Measure H to pay his attorney's fees even though his lawsuit seeking to water down their No on H ballot argument was largely unsuccessful.  Carson is demanding fees despite the fact that Dan Ramos, the developer behind the Measure H DiSC project, has already admitted publicly that he footed the bill for Carson's lawsuit.

The Attorney for the No on Measure H campaign Beverly Grossman Palmer stated, “As I previously indicated, it is very unusual for a sitting councilmember to sue over a ballot argument.  To seek fees against his own constituents for defending their right to present their views to the voters would be even more shocking, should Councilmember Carson file this threatened motion for attorney's fees.”

 Roberta Millstein, one of the authors of the ballot statement challenged in Carson’s lawsuit stated, “Carson’s developer backed lawsuit will have the effect of stifling Davis’s long tradition of engaged citizen participation. Who will want to sign a ballot statement in the future if a developer can fund a punitive lawsuit against them? Carson's lawsuit sets a terrible precedent.”

Alan Pryor, Principal Officer of the No on H campaign and one of the authors of the ballot statement stated, “Fortunately, Carson’s opposition brief is unlikely to be successful because it is clearly in the public interest for Davis voters to be able to write truthful ballot statements advocating against developments.” A judge is scheduled to hear the arguments from both sides on April 29^th at Yolo County Superior Court.

The DiSC project is an outdated freeway offramp project that will put 12,000 additional cars on Mace Blvd. every day and increase greenhouse gas emissions by the City of Davis by 5%. The citizens of Davis already voted down the first iteration of this project less than 2 years ago.

Carson sought to have more than 80 words of the 300-word ballot statement against Measure H stricken. On March 30, 2022 Yolo County Superior Court Judge McGuire overwhelmingly ruled against Carson, making only 2 small changes suggested by the No on H campaign itself. One change simply modified the type of unit used to express the amount of greenhouse gases that would be produced by the project – similar to expressing a value in dollars rather than cents. The other change involved the following paragraph, which Carson had asked to be deleted:

“The Developer has made almost no binding commitments and has no viable ways to improve this traffic mess. Their only promise is to develop a Traffic Demand Management Plan if the project is approved. But figuring this traffic mess out later is not a plan!”

 The judge let the first and third sentences of that paragraph stand as they were; the second sentence changed the word only and it now reads, "They promise to develop a Traffic Demand Management Plan if the project is approved" – at best a slight change in meaning from the original.

 In dismissing Carson’s claims the judge also found the following arguments against DiSC were neither false or misleading:

“Rejected only 19 months ago by voters, DiSC is back. But it is still an autocentric, freeway-oriented, downtown–threatening project. It still has overwhelming traffic and environmental problems, and it is still non-compliant with the City of Davis General Plan.”

 Indeed, during the hearing, Carson's lawyer admitted that DiSC 2022 would not be compliant with the City of Davis's General Plan as it exists today.

The judge also let the heading, "Unmitigated Greenhouse Gas Emissions" stand, as well as the statements, “Locally we are reeling from the debilitating impacts of drought and terrifying wildfires caused by dramatically increasing carbon emissions” and “DiSC alone will increase the City’s carbon footprint by almost 5%, completely derailing the City’s ability to meet its carbon-neutral goal by 2040.”

The No on H Campaign believes Councilmember Dan Carson has grossly overstepped his role and blurred the lines between his elected office and his personal advocacy for a development project.