A4 THE DAVIS ENTERPRISE
From Page One
ZIP: Ongoing dispute heads to court From Page A1 approval, which the Krovozas argue violated the California Environmental Quality Act. In a special closed session on Tuesday evening, the Davis City Council voted unanimously to direct the city attorney to defend the lawsuit. “The city’s action to relocate the Sky Track was consistent with the law. I am confident that the city will prevail in this lawsuit,” said City Attorney Inder Khalsa. The Sky Track has been one of the city’s more popular playground attractions since its installation in Arroyo Park in April 2019, but it has also been one of its most controversial. The equipment consists of two metal tracks, one with a hanging disk for sitting or standing and the other with a plastic chair. “Sky Track is intended for use by 5- to 12-year-olds, but in practice it is often used by both children and adults,” the Krovozas’ petition states. “Maximum enjoyment seems to be derived when parents or friends push or throw the disk and chair as hard as possible against the stationary track ends…” The noise generated, according to the lawsuit, is of two kinds — continuous and impact. “The continuous noise is primarily the sound of the wheels scraping the interior of the metal channel as they move rapidly along the track, with louder impact sounds when the wheels bounce over the seams,” the lawsuit states. “The primary impact noise occurs when the wheels strike the ends of the track. The characteristics of the continuous sound are grating, abrasive, grinding and harsh; the impact sounds are of a sudden clanging, bonging, pile-driver-like, clanking nature.” The noise generated depends on the weight and velocity of the users with the loudest noise generated by adults pushing children with great force, “a routine use of the equipment,” the lawsuit states, “but even the mild pushing of a swing by hand (with no rider) will generate noise audible within neighbors’ homes.” The Krovozas, who live within 100 feet of the equipment, contacted the city shortly after the Sky Track was installed, complaining about the noise. They came under harsh criticism in the community for doing so, with some complaining they were receiving special treatment from the city
Owen Yancher/Enterprise file photo
given Joe Krovoza’s former position on the council. However, the Krovozas have pointed out they received no special treatment, as the Sky Track has remained in place. The city did conduct a noise study two years ago, however, and that study showed use of the equipment violated the city’s nighttime noise ordinance. City workers then began locking the Sky Track up at night. But repeated vandalism, including damage to the locks and chains, as well as a more recent sound study that indicated the equipment also violated the city’s daytime noise ordinance in that location, prompted staff to close the Sky Track altogether as a decision was made on whether — and where — to move it. In August, the council voted unanimously to move the equipment to a more central location in the park, east of the pool, where accoustics consultants, city staff and the city attorney said it would comply with the noise ordinance. The Krovozas disagree. In public comment to the council in August, they said the predicted maximum noise reading from this spot, “as measured from our property line, would be 55.1 dBA, clearly still in excess of both the daytime and nighttime limits and a noise level that would continue to impose a major disruption to our household.” They also hinted at a lawsuit to come, which indeed was filed on Oct. 5 with the city served on Oct. 17. The suit argues that the city violated CEQA when it determined that moving the Sky Track was exempt from CEQA requirements. The city, the lawsuit contends, “improperly relied on CEQA exemptions to approve the project, because it involved unusual circumstances of the operation of the Sky Track, a uniquely noisy piece of playground equipment, that resulted in undisclosed potentially significant noise impacts that preclude the use of the asserted CEQA exemptions…” The Krovozas also argue the city
failed to adequately disclose, analyze or mitigate the Sky Track’s potentially significant impacts on the environment, including nuisance noise on residents, the disruption of park tranquility for all park users, biological resources (especially bird nesting and foraging), and more. The lawsuit seeks a writ vacating and setting aside the city’s CEQA determination and approval of the Sky Track relocation and a temporary stay or restraining order and preliminary or permanent injunction preventing the city from moving forward on the relocation, including issuance of grading or building permits. They also seek attorneys fees from the city. The city disagrees that CEQA was violated, however. A statement issued after Tuesday night’s closed session said the council made a determination that the relocation and placement of the playground equipment falls within one or more of the exemptions to CEQA, such as existing facilities or new construction or conversion of small structures. “Therefore, an (environmental impact report) is not required under state law,” the city statement said. “The preparation of an EIR requires substantial funding and time to complete. The cost of an EIR can (be) hundreds of thousands of dollars and take up a to a year to complete. “The petitioners in this lawsuit,” the city statement said, “Joe and Janet Krovoza, claim that relocating the Sky Track required the preparation of an environmental impact report to analyze potentially significant environmental impacts. The city vigorously refutes these claims. The relocation of the Sky Track is proceeding as originally planned.” Councilman Dan Carson, who represents District 1, where Arroyo Park is located, and serves as council liaison to the city’s Recreation and Park Commission, said Tuesday that, “families in my district overwhelmingly support keeping the Sky Track playground equipment at the new central location in Arroyo Park.” He added that after a detailed examination of the issue, the Rec and Park commission voted to endorse the relocation of the playground equipment to its new location. “Kids love playing on the Sky Track. Our families and kids should be allowed to continue to enjoy the Sky Track,” Carson said. — Reach Anne Ternus-Bellamy at aternus@davisenterprise.net. Follow her on Twitter at @ATernusBellamy.
WEDNESDAY, OCTOBER 26, 2022
VISION: Owners seek more ecologically friendly approach From Page A1 ways to plug holes in the system that we’ve found where things continue to end up in the landfill that shouldn’t, and we felt like this was the next step.” In a recent press release, the longtime Davis locals imparted their fervor for ecological sustainability and reducing humans’ carbon footprint on the planet. That’s where Community Mercantile’s mission comes to fruition to keep usable products in circulation as long as possible before they end up in a landfill. From the outside looking in, the 2,200-squarefoot facility — filled with an abundance of quality products like clothing, furniture, appliances, electronics, household goods and construction materials — appears to be a thrift store. To Koop and Fisher, it’s much more, as their press release also mentions future ventures including upcycling, repair workshops, a tool lending library as well as clothing, dress and toy lending. Essentially, they have really cool stuff for shoppers and sharers who know — or don’t know — exactly what they’re looking for. “People ask, ‘what kind of business are you, anyway?’ ” Koop explained. “It’s not an easy answer because we look like a thrift store, but we’re really a reuse hub. The store is the obvious part of that, and we plan on adding on to other aspects of our business like different lending libraries. We also plan on being a learning hub and offering workshops and classes on recycling, repurposing, upcycling and all different
parts of keeping things out of the landfill.”
The Grand Opening is on Sunday, Oct. 30 and goes from 3 to 5 p.m. at 622 Cantrill Drive. Koop will be giving a speech at 3:30 p.m., light refreshments will be offered and the first 100 people to attend will get a reusable gift. Monetary donations are accepted in cash or Venmo forms as are nonmonetary donations and donations of time — that is, volunteering. Or follow their socials by searching @communitymercdavis on Instagram and Community Mercantile on Facebook. They’re also hosting a free, recycled garden tool workshop on Nov. 4. Sign up for it on the Davis Adult School website.
“I’m looking forward to changing the direction of how our community understands their responsibility for their possessions and the environmental prices as well as them learning how they can affect that change,” Koop said.
“A lot of people don’t know about the options other than just bringing something to the landfill. One of the reasons the store is called ‘Community Mercantile’ is because I’ve really embraced what it means to have a supportive community and a working community. I’m invested in this community in so many different ways.
“Now that my kids are out of the house, I feel like I can give back to the community that’s supported and surrounded us for so many years.” — Reach Aaron Geerts at aaron.geerts@ mcnaughton.media.