As The World Turns

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In the last two weeks the soap opera that is disc golf took many twisty turns. Chad's evil twin showed up and bedded Dianna, who lost her memory after Eliza served her poison wine. Young Stephen won the lottery but was immediately diagnosed with a strange disease that caused him to abandon his marriage with Cristal, the bohemian virgin.

If those things weren't bad enough, someone associated with a city funded non-profit called disc golfers terrorists and accused them of shooting a Park Commissioner's house. Then a Park Commissioner entrusted with negotiating a contract with the disc golf non-profit contacted a financial donor specifically to berate them for supporting disc golf.

These are the days of our lives...

Shots fired:

I submitted an FOIA request to the city and received some startling and quite strange communications. Councilor Nickell submitted a transcript of a phone conversation and an email he received to the City Attorney and City Manager's office. The transcript of the phone conversation occurred on 1-18-10. The call was received from a phone line associated with the Chico Creek Nature Center at 7:47PM on a Monday.

I am removing the name of the private citizen and won't divulge who actually made the accusations. I think the accused may have grounds for a libel suit, and I don't want to get in the middle of that.

The transcript reads in part ...

Did you know the police are at Jane Turneys house because of a 50 caliber bullet in her house that caused a leak. She lives next door to [name removed], and I am not saying Lon did it. You are fostering terrorism, you need to put an end to this shit and you are backing them.

There was also an email to Councilor Nickell dated 1-19-10 that reads...

"Bullet cam from direction of street by [name removed] house, not the air. We know [gender removed] has guns. Officer said it was bigger that a 45, most likely a 50 caliber. This is a shot fired at a political leader. Officer has bullet. If you find out who is in charge, I will ask them to check registation of [name removed] guns against bullet. I know you don't condone this Tom, but our leaders have coddled this threatening group to long."

A police report (call# 100180152) states that the reporting party, who in this case is Jane Turney, believes the bullet in her roof may have occurred on New Year's Eve. It was removed by a roofer when servicing a leak. It seems like there might be a more obvious explanation about what happened that doesn't involve a disc golf intifada. Obviously it's a ridiculous charge. Disc golfers are not terrorists, or threatening. We have very few ties with Al-Qaida.

Councilor Nickell, to his credit, responded to the accusations by telling the accuser to only contact him via official city channels in the future. This level of background animosity has been typical of the small group of people that continue to oppose disc golf.

BPPC Bias:
The disc golf non-profit has been negotiating an operating agreement with the city and the Policy Advisory Committee of the Bidwell Park and Playground Commission for quite a while. The committee is made up of Mary Brentwood, Rich Ober, and Jane Turney. I was under the impression that things were going well.

Adjustments were made to the agreement, and we recently received support from the BPPC (4-1 vote) for a proposal for city funding. The council voted unanimously on 1-19-10 to match funding for the disc golf project. 4 city councilors have even donated to the project.

On 1-22-10 a project sponsor was contacted via email. This is 3 days after the council unanimously voted to match funds for the project. The email read in part...

"I am writing to let you know of my extreme disappointment in learning that you have supported a non-profit group in Chico, the "Outsiders".

[...] 

Perhaps you are unaware of the environmental damage that has occurred to the land because of the disc golf activity on Hwy. 32, the location that the course is going to be built.  With pages of mitigation measures in the Environmental Impact Report pertaining to this site, I am appalled that you are supporting this effort in any way.  The construction of the course will lead to continued degradation of the environment there, and several environmental impacts have been deemed to be "less than significant", which means that they will happen, but not at a level triggered by the study.  So much for "sustainability" for the environment there.

The Blue Oak Alliance would be equally appalled at your decision, since the damage to the blue oaks on the site cannot be fully mitigated, and they will suffer damage from the disc golf play over time.  Soil scientists have been at the site, and have observed areas of erosion so advanced that no mitigation measures will ever be able to restore them."

The email account Googles back to an account used by Park Commissioner Jane Turney to submit comments to the Wal-Mart EIR. I guess it's possible she didn't send the email... that somebody used her account. I think that's unlikely, and so I'm getting the impression she is biased against disc golf.

Obviously if she has "extreme disappointment" in support for the project and is appalled that someone would support this effort "in any way" then she can't support the project herself. That's an expression of bias.

The City Council said we needed to raise matching funds to build the disc golf course at highway 32. They didn't say that one of their Park Commissioners would be trying to scuttle financial support for the project through the back door, while negotiating our contract through the front door.

A contract is a quasi-judicial decision. There is case law that supports the disqualification of city officers from making decisions where their bias has been demonstrated. The best thing for the process, and for public confidence in the process, is for it to move forward without bias. The way to make that happen should be pretty straightforward.

Summary:
I'm one of the first people who will tell you that too much time and money has been spent on the topic of disc golf in Chico. Why on earth are calls being made to councilors calling park users terrorists? Why is a seated Park Commissioner working against a unanimous City Council vote?

You've got good people in this community coming unhinged because they lost on an issue. Get over it folks. Move on to bigger things like cats in the park, or people smoking in public. Spend your time solving some real problems in Chico.

Why continue poking us in the eye? We're going to start poking you back.

16 Comments

Councilmember Nickell either fabricated the transcript or has a curious memory, maybe both. No one thinks disc golfers are terrorists. C'mon Lon. Tom contacted me and told me he was contacting the City Attorney because he was embarrased by my comments at the recent Council meeting. At that meeting, I accurately discussed his past voting record and public comments related to item on the agenda. This is nothing more that cheap retaliation for that. Tom should expect and hopefully welcome public scrutiny of his record. Most councilmembers do.

Sounds like Jane should be removed from her post.

D.

p.s. Welcome to the "terrorist group". I'm not alone any more.

Tom,

Which part of your email or phone call discusses Councilor Nickell's public record? The "shots fired at a political leader" or the "coddled this threatening group to long".

Nickell did the right thing. And I'll have to assume he was mostly accurate. Regardless, I posted what was in the public record. Your accusations in the email have no place in the public dialogue. Spreading false rumours on the eve of a council vote is silly.

It's really time to put this nonsense aside. You've made countless inaccurate statements because of the anger you hold regarding this issue. I think we'll all be a lot happier if we just leave each other alone.

Lon

D,

I know a number of people that feel that way.

Personally, I think the issue is devisive enough that a step like that would probably just make things worse. Ms. Turney can have her opinion and should contribute to the park's management as she was appointed to do.

But on the topic of our operating agreement, she seems to be biased. The right thing for her to do is to recuse herself from the topic. Somebody else can easily take her place. That would be a positive and appropriate step.

Lon

The councilors that appoint commissioners usually have a pretty good idea where the applicants stand on issues. As VP of the FOBP, there certainly wasn't any doubt in this case. I thought it was a considerate gesture that we gave everything the benefit of the doubt to give her an opportunity to rise to the occasion as a fair unbiased public official.

All public officials have to learn and pass an FPPC ethics test. It clearly states that any decision that can demonstrate a biased conflict of interest like this can be challenged with damages awarded by the agency involved. A voluntary self recusal would be the gracious move.

On the bright side, our sponsors have received no other negative responses, and there was very little opposing correspondence to councilors.

I'm surprised there wasn't an additional complaint about the poisonous aspects of lead.

"shot at AND poisoned" has an extra special threat level to it.

Commentator,

Everyone seems to be focused on solving this issue except the few people that make wild accusations. The fact is they have never even bothered to communicate with anyone they claim to disagree with. They just spread rumors and distort facts.

If that's what's going on behind all issues in Chico then there needs to be some changes.

Lon

Anthony,

I'm sure there are some future meetings where they can make more groundless accusations. Hell, why not just blame disc golf for the damage in Haiti. Or teen pregnancy. Or cancer.

Lon

"Hell, why not just blame disc golf for the damage in Haiti. Or teen pregnancy. Or cancer."

OK I'll try:

Haiti - Flying discs disrupt the local atmosphere with waves, and via Lorenz's "butterfly effect", amplify those disruptive waves into earthquakes elsewhere on Gaia.

Teen pregnancy - The disc golf course provides a hookup location away from parents prying eyes. Why do you think they wanted those benches at the course in the first place?

Cancer - The plastic and chemicals used in the discs are known carcinogens. Bisphenol A, or BPA, is a component of polycarbonate plastic. It can leach from baby bottles and other hard plastic beverage containers, food can linings and other consumer products. Prolonged exposure to the plastic discs raises the cancer rate.

From the gold star report: "She [Schwab] said the General Plan process as well as other issues that will face the council and city in 2010 will not be absent of opposition, but holding a card with the words "Listen, Consider, Respect and Civility" written on it, Schwab said keeping these values in mind will help the city "move forward together to solve our problems and keep Chico a vibrant, special place to live."

So I guess that only applies to what they are doing in the General Plan and most definitely not advice to their supporters that oppose disc golf. Come to think of it the "Listen, Consider, Respect and Civility" probably isn't a message meant to apply to her supporters at all.

I'm sick of disc golfers. All of this is their fault.

Disc golfers made us stall the environmental improvements that were planned ten years ago which caused most of the unmitigated impacts that have occurred ever since.

Disc golfers wanted to attend years of MMP meetings just so they could slant the environmental consultants' and Citizens' Advisory Committee recommendations far in their favor.

Disc golfers made three of us challenge the EIR with over a hundred frivolous comments which cost the City another $100K.

Disc golfers made the City Council vote to remove both courses just so they could spend their holiday season gathering referendum signatures.

It's disc golfers fault we didn't challenge the EIR when we had the chance.

Disc golfers made the council appoint the VP of the lead opposition group to the Park Commission which led to the present obvious conflict of interest.

Disc golfers couldn't wait to form a nonprofit so they could buy insurance, get sponsors and raise matching funds for the prop. 40 grant money.

They would rather go to meetings to save their course than just drive to Orroville and play there.

They made us send nasty emails to pressure councilors and sponsors with ridiculous threats and then we got busted.

Everything is their fault. I hate disc golf.

Chico should give Nickell a nomination for the FPPC Ethical Dilemma Brass Cojones Public Service Award. First he follows through with his openly stated opposition to both courses in Upper Bidwell, and votes against them. Then listening to his constituents, he makes the effort to better inform himself with the science and history and respectfully meets citizens that disagree with him, all while keeping an open mind with what seems counterintuitive. His instincts as a law enforcement officer kick in and helps him see the bigger picture. This eventually leads him to reconsider his opposition and side with the City Staff and environmental consultants that recommended the improvements, and stands up for what he thinks is best for the community, even at potential personal and political expense.

This shows real leadership and true grit. This is the kind of public service that people have to respect whether they agree or not. Not just another predictable vote that can be bought and paid for. I've seen other councilors go through this with other issues, and they have my respect too. It sends a message to the people that their leaders listen to them. As in "Listen, Consider, Respect and Civility." In a situation like this, any loss of support is no great loss.

Gregg,

I remember back after the council voted to remove disc golf. Tom Nickell got deeply involved in trying to find an alternate site. So did Mayor Schwab.

CARD ran the meetings, and a lot of park user groups showed up. The park goups didn't want disc golf in the areas they were using. The Mechoopda didn't want disc golf in areas that were not currently being used. And the people that claimed disc golf was fine, just not at highway 32, started claiming that it wasn't good anywhere.

Then the council appointed the new park commission, which included the VP of Friends Jane Turney, and shifted the decision making to that body. That's when the Mayor quit the CARD meetings, and the Friends quit coming.

Nickell deserves a lot of credit for trying back then. He was actually looking for a solution. I have a lot of respect for him and CARD's people for being involved.

Any councilors that bury their heads and condone the behavior we've seen lately don't deserve respect.

Lon

Pypr,

Mayor Schwab has talked-the-talk. Now she needs to walk-the-walk. I spoke to her about this last week. It was very brief. I just gave her an overview of what happened and let her know that the City Attorney and City Manager were aware of the problem we were having.

I would hope that she makes a decision to deal with this issue in a manner consistant with her public comments. That would be refreshing.

Lon

Wild Accusations,

Don't forget that we intentionally removed checkerbloom to "protect disc golf". That was an oldy-but-a-goody.

Lon

Yes that too! You disc golfers dug such a big hole and made a bike jumping ramp with the soil just so you could try to blame it on mountain bikers. But we still got our lawyers to blame you for it in the nasty letter we sent the City. That proves you did it! So there. You can't fool us!

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Lon

About Me: Fasten your seatbelts for an exhilarating trip through Chico's public policy; I guarantee it's marginally better than public access TV.

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This page contains a single entry by Lon published on February 2, 2010 7:09 AM.

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