Logic Takes Predictable Backseat

DIXON, CA (MPG) - Tuesday night, May 19^th, was another council meeting depicting the disconnect between the city’s and county’s leadership styles regarding governmental reaction to this latest seasonal flu.  At an earlier county supervisor’s board meeting, only supervisor Skip Thompson was seen wearing a mask, none of the supervisors were six feet apart, and the public was allowed to participate at the meeting.  Here in Dixon, once again, there was an item on the closed session calendar about a “threat to public services of facilities” which was not explained to the public, while this same public is shut out of direct confrontation and resigned to teleconferencing into meetings.

For those of you who believe the public has the same ability to participate in these panic-demic plays, the council was summoned back out of closed session because, once again, they forgot to take comment prior to adjourning for that portion of the meeting.  The disparity between the county and city meetings was pointed out to them garnering not one call from any councilman or the mayor to make a change for future meetings.

The regular meeting lasted until well past 10 pm as many people attended the meeting to comment on two items, fencing/screening and the conduct of planning commission meetings, which were pulled from the agenda indefinitely dependent on when the public can attend meetings in person.  The most contentious and time consuming items were removing the election official’s duties from the city clerk position and an urgency ordinance to allow restaurants to serve food outdoors.

While councilman Devon Minnema and Mayor Thom Bogue both articulately attempted to use logic to persuade one of the remaining councilmen, Scott Pederson, Steve Bird, or Jim Ernest, to switch their position, their little control cabal remained intact.  Despite the city attorney, Doug White’s feeble attempts to back the majority opinion with non-facts such as “there is nothing in government code giving this duty to the city clerk”, Elections Code 307 and 320 contain language to this effect as well as the California City Clerks Association website, White easily convinced the dupable dais denizens that elected city clerks were a diminishing minor quantity which Minnema pointed out were in 25% of California’s cities.

In a similar action conducted by the last council to illegally remove the duties of the city treasurer preemptively before the treasurer’s November election, this council wants to remove just this one specific duty from the city clerk’s position.  When White was questioned as to how many elected city clerks actually retain this duty and when Minnema and Bogue pointed out that the State’s highest official in this capacity oversees elections, White had no answer.

Factually the city clerk does not handle election ballots but instead administers the paperwork for those preparing to run for office.  Two of the prime reasons for making this position responsible to the public instead of city staff was the action of Suellen Johnston providing initiative petitions to the city attorney without court approval as required by law and the interim city clerk Daryl Betancur who lied in saying that no one had access to water rate protest forms under his care yet, when the box was opened, the protests were bundled in quantities of 50.

Another argument by Bogue was that the city manager, who is the intended beneficiary of this move, had more to gain by altering the outcome of an election as all councilmen are his direct boss.  None of this made a difference as the council passed this the same as last time on a 3 to 2 vote.  Much as with the city treasurer position and its corresponding duties, it will be incumbent on the person elected to either position to litigate to secure his or her rights or to accept this castrated figurehead position as it is.

Moving on to the urgency ordinance which was supported by the entire council, the idea is to allow restaurants to be “permitted” by the city manager to operate as an outdoor service.  While many restaurants are open for “take out only”, this action would allow food to be served to patrons on the street or patio if one is available.  When questioned as to why this qualified as an “emergency”, the comment was ignored by the city attorney as well as the council.

One local bartender asked whether bars could open if they provided food.  The point being missed is there is no epidemic by any definition of the word.  Staff’s explanation that this is all about insurance issues rings hollow as insurance companies know what activities they are insuring.  It was also pointed out during public comment that the city of Atwater voted to make their city a “sanctuary city for small business” and allowing these businesses to reopen despite Governor Newsom’s unconstitutional edicts.

Most of public comment was taken up by those concerned with the fencing ordinance or constraining the planning commission from carrying out their duties on their own timeline.  It was unclear what this iteration of the fencing regulations would accomplish.  A prior council had taken action to allow residents to put sideyard fencing where they wanted it but this was overturned by misinterpretation by a former community development director.

The planning commission item was brought on by the commission’s refusal to just push projects through without full vetting in what the council perceives as in a timely manner.  Both Ernest and Pederson were behind the removal of the GPAC (General Plan Advisory Committee) leadership more than a year ago because they didn’t like how the meetings were being conducted with strict adherence to the Brown Act.  The result was a plan designed by the council and consultant which still hasn’t been brought to the public for comment.

Also on the agenda and approved despite objections were spending another $100,000 on the Pardi Market site, paying a consultant to design work already accomplished at the police shooting range, and increasing the pay range to $165,000 for the vacant position of police captain with no intention of filling it.  An additional item about the La Esperanza area to convert a single family lot back to a park and applying for a grant, was tabled as public input was extremely limited because of no notification that the public meeting required to be held was published on the city’s website where all other meetings are posted.

Other actions which elicited no response from the public were a strategic 10 year plan for Dixon Readi Ride, landscape and lighting district rate notifications, and a red curb to be painted in front of Cal Water.