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Home My WebLink About070125-08.1 PHILLIPS, JOHN EMAIL 0701251Riley Anderson-Barrett From:john phillips <john_phillips@mac.com>Sent:Tuesday, July 1, 2025 10:23 AMTo:Riley Anderson-BarrettCc:Yuen, Nicole@DTSC; mayor@danville.ca.gov; narnreich@danville.ca.gov; Karen Stepper; Mark Belotz; Robert Storer; John Phillips; Matthew Slattengren; Randy Johnson; Rosa Fierro; Dani O'Connell; Gerard Kuester; dhruv suri; Bellissimo Decor; suri anumita; katie cox; Mark Cox; Djkj2@sbcglobal.net; Miranda.family@sbcglobal.net; Melody Johnson; thejewelpro@yahoo.com; tinamspitz@yahoo.com; Jason Lenk; mahoney94526@gmail.com; atabride@gmail.com; katlenk@gmail.com; Marie Sunseri; Carissa Savant; Colin Bagwell; Newell Arnerich; Renee MorganSubject:Re: Subject: Urgent Concern Regarding Pre-Determined Outcome of DEV24-0009 AppealFollow Up Flag:Follow upFlag Status:Flagged ***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFF This email originated from outside of the Town of Danvill e and was not sent from a Town Staff member! Do not click on links or open attachments unless you recog nize the sender and know the content is safe. Dear Riley, Thank you for clarifying that Resolution No. 52-2025 is a recommendation, not a final decision, and that the Town Council may revise it post-hearing. As a 44-year Danville resident at 15 Betten Court, 400 feet from 828 Diablo Road, I appreciate your response but am deeply troubled by the report’s premature language, its surprise release yesterday, and its upload to the Town’s website. Scheduling the hearing on July 1, a holiday week when 75% of concerned residents are out of town, compounds the optics, which appear very underhanded and erode trust in Danville’s leadership. The report, dated today, claims the Council “did hear and consider” my appeal, implying a decision before the 5:00 PM hearing. Even as a recommendation, this signals bias and leaves me and the 843 households we contacted less than 24 hours to respond without legal counsel. The 1995 Contra Costa Hazmat and 2001 Streamborn reports—critical to my appeal on dieldrin (0.064–2.3 mg/kg) and unresolved gasoline toxins—are not clearly accessible on Danville Town Talks, raising a transparency barrier. With DTSC attending today, backed by La Petite Academy/Learning Care Group’s DTSC/CalEPA concerns and our community’s emails, I urge the Council to ensure a fair hearing. The Planning Commission’s dismissal of safety risks for housing quotas is indefensible and, come election time, a hard sell to residents prioritizing health. I respectfully request immediate access to the 1995/2001 reports and a commitment to revise the resolution based on today’s testimony, not a pre-drafted outcome. Sincerely, John Phillips 15 Betten Court 925-786-9831 On Jul 1, 2025, at 9:33 AM, Riley Anderson-Barrett <randersonbarrett@danville.ca.gov> wrote: Good morning, John, 2 The Town Council has not made a decision on the item. Please note that Resolutions are written with a recommendation and language to support the recommendation. If the Town Council makes any decisions that do not align with the existing language, it will be modified in the Resolution prior to signatures. The current Resolution reflects the recommendation, not a decision. Best, <image001.png> Riley Anderson-Barrett Associate Planner Town of Danville | 500 La Gonda Way | Danville, CA 94526 (925) 314-3314 randersonbarrett@danville.ca.gov | www.danville.ca.gov #LiveLocallyDanville <image002.jpg><image003.jpg><image004.jpg><image005.jpg><image006.jpg From: john phillips <john_phillips@mac.com> Sent: Monday, June 30, 2025 6:57 PM To: Riley Anderson-Barrett <randersonbarrett@danville.ca.gov> Cc: Yuen, Nicole@DTSC <Nicole.Yuen@dtsc.ca.gov>; mayor@danville.ca.gov; narnreich@danville.ca.gov; Karen Stepper <kstepper@danville.ca.gov>; Mark Belotz <mbelotz@danville.ca.gov>; Robert Storer <rstorer@danville.ca.gov>; John Phillips <john@bellissimodecor.com>; Matthew Slattengren <ssb.sparky@gmail.com>; Randy Johnson <Randy.johnson@mac.com>; Rosa Fierro <rosie@rosafierrocellars.com>; Dani O'Connell <danvilledani@gmail.com>; Gerard Kuester <gkuest5@gmail.com>; dhruv suri <suri.dhruv@gmail.com>; Bellissimo Decor <kristen@bellissimodecor.com>; suri anumita <anumita.ghosh@gmail.com>; katie cox <katie_cox@comcast.net>; Mark Cox <mark_cox@comcast.net>; Djkj2@sbcglobal.net; Miranda.family@sbcglobal.net; Melody Johnson <Melodyj2525@gmail.com>; thejewelpro@yahoo.com; tinamspitz@yahoo.com; Jason Lenk <jasonlenk@gmail.com>; mahoney94526@gmail.com; atabride@gmail.com; katlenk@gmail.com Subject: Subject: Urgent Concern Regarding Pre-Determined Outcome of DEV24-0009 Appeal ***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFF This email originated from outside of the Town of Danville and was not sent from a Town Staff member! Do not click on links or open attachments unless you recognize the sender and know the content is safe. Dear Town Clerk, Riley Anderson-Barrett, and Honorable Town Council Members (Mayor Renee Morgan, Vice Mayor Newell Arnerich, Councilmembers Karen Stepper, Mark Belotz, and Robert Storer), I am writing as John Phillips, the appellant for the 828 Diablo Road project (DEV24-0009), regarding the Administrative Staff Report released at 6:48 PM PDT today, June 30, 2025, ahead of the scheduled Town Council hearing tomorrow, July 1, 2025, at 5:00 PM PDT. The resolution within the report states that the Town Council “denies the appeal and upholds the Planning Commission’s action,” which appears to pre-determine the outcome before the public hearing, including my testimony and that of the Department of Toxic Substances Control (DTSC), who will be present. 3This timing and language raise serious concerns about procedural fairness under the Brown Act (§54954.2) and CEQA (§21167), as it suggests a decision has been made without hearing from residents, despite our 843 flyers and numerous emails of concern. I respectfully request that this resolution be retracted and that the council conduct a fair, open hearing to consider all evidence, including DTSC’s findings of dieldrin contamination (Attachment O, pages 8-10) and community input. I urge DTSC to review this pre-decision and provide guidance, given their oversight recommendation. Please provide the full report immediately to allow review before the hearing, and confirm receipt of this email. I am available at 925-786-9831 for any urgent clarification. I have also copied DTSC for their awareness. Sincerely, John Phillips 15 Betten Court Danville, CA danville-ca.granicus.com <image008.png>