Month: June 2009

Pick Another Fight Mr. Dunning, Teen Smoking is Certainly Worthy of Our Efforts

youth_smokingIt all began on June 6, 2009, Davis Enterprise Columnist Bob Dunning pulled on a small item about a program in Yolo County that targets teen smoking.  His complaint was that the county was spending resources trying to crack down on vendors selling youths cigarettes.

After Mr. Dunning has decided to write on this particular topic a number of times and has seen that most people are not sympathetic to his arguments, perhaps he sees the writing on the wall.  For my part, I figured it was time to weigh in on this issue.  I actually have mixed feelings on it, but think if the program works, it’s probably well-worth the money.  The question is whether the program works and like most things, I do not think we are testing it.

COMMENTARY: Council Senior Housing Committee Plan Makes Little Sense

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Lost in the fray of developer driven project priorities is the fact that it makes very little sense to have a discussion of senior housing based on a such a narrow segment of our community.

Let me back up here for a moment.  Last week, it was determined by a 3-2 vote at the council meeting with the usual suspects supporting it and Councilmembers Lamar Heystek and Sue Greenwald opposing, that there would be some sort of community based discussion on senior housing needs.

COMMENTARY: Heystek’s Budget Changes the Game, But Will Council Listen?

lamar_heystekThe problem is a small city, city manager government is that staff runs City Hall.  Councilmembers are dependent on staff reports to be able to govern.  Staff is not assigned individually to elected city councilmembers, instead they collectively serve the council and by extension and default, the council majority.

That gives a tremendous advantage to council majorities who can gain from city staff the formulation and justification of their policies.  That makes what happened on Tuesday night all the more remarkable.  Councilmember Lamar Heystek took the highly unusual stance of sitting down at the staff table and presenting his own alternative budget.

Examination of Affidavit Raising Troubling Questions About Woodland Shooting

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In the days following the shooting death of Luis Gutierrez by Sheriff’s Deputies in Woodland, there was a rush of papers released by the Sheriff’s department.  One of them was the affidavit used to obtain a warrant to search Mr. Gutierrez’s property after he was dead.  The Vanguard has spoken with a number of attorneys and experts in this manner and many of them have indicated that the extent and length that the authorities have attempted to demonstrate that Mr. Gutierrez was in a gang and also with the release of the autopsy on drugs, is highly unusual.

On Wednesday during the Vanguard radio show, we spoke with Michael Risher, a staff attorney with the ACLU of Northern California.  He raised troubling questions about the warrant itself.

Citizens Call For Renewed Scrutiny of Anti-Gang Practices in Yolo County

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Opponents of the West Sacramento Gang injunction gathered this morning in front of the Yolo County Courthouse ahead of yet another hearing as defendants seek to overturn the gang injunction which was originally filed in 2005, thrown out by the courts, and then the District Attorney’s office sought to have it reinstated last year.

Opponents of the gang injunction argue that while there is crime in West Sacramento and a small number of gang members, neither the level of violence nor the number of gang members justify an injunction.

Covell Village Redux Supporters Play Hardball

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The Vanguard has received a letter sent to City Council, City Staff, and the Senior Citizens Commission complaining about comments made by Stephen Hayes, a Senior Citizens Commission member at the June 2, 2009 Davis City Council meeting.  His offense?  Speaking out against the proposed senior citizens development.

The individual writes:

Heystek Presents Alternative Budget Proposal

lamar_heystekLast night during the Davis City Council Meeting, Councilmember Lamar Heystek began to take matters into his own hands as frustration about the city’s budget proposal has grown.  Instead of merely opposing the current proposals laid out by finance director Paul Navazio, the councilmember boldly proposed his own alternative.

There are two key planks to the alternative budget as laid forth by Mr. Heystek.  First, the belief that the current 850,000 dollar reduction in salary compensation which represents perhaps a little over 3% of their total budget is insufficient.  Councilmember Heystek instead proposed a 5% reduction in total compensation for employees.

Substitute Motion: Council Majority Bollixes Measure J Renewal

citycatCouncil last night had a series of dizzying substitute motions during the course what should have been a fairly routine discussion on the renewal of Measure J.  As a result, the council might have passed the renewal of Measure J–they appear to have–or they might have created a whole new monster that will complicate the process of simple renewal.

A couple of dozen citizens came out on Tuesday night, all but one in support of the renewal of Measure J with no sunset and no exemptions.  The one exception was the owner of the 43-acre Signature property just east of Harper Junior High and south of the Mace Curve.  He argued for the inclusion of his property as an exemption to Measure J.

No One Recalls Hearing Threats Against Sheriff Prieto Saturday Night

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Having attended the rally and march in Woodland on Saturday night for the fallen Luis Gutierrez, the impression I came away with was that the people were frustrated, but it was a well-coordinated and peaceful march.  In fact, as the hour was getting dark, it became more of a silent vigil than a boisterous march.

I was therefore stunned to see the interview with Sheriff Ed Prieto which came out on Sunday on Fox 40 in Sacramento.

Angry Citizens Push TANC For More Answers

by Stephen N. Cole,
President, El Macero Homeowners Association –

Since March 25, 2009, I attended two City sponsored information meetings hosting TANC and three TANC Scoping meetings. The fundamental difference between a TANC Scoping session and a City hosted information meeting is that at a Scoping meeting TANCs only employee Mr. Beck, or a TANC consultant, presents TANCs canned Power Point presentation from a prepared script.

The small amount of time remaining in a Scoping session goes to the audience to ask their questions. TANCs primary answers in response to most Scoping questions are to have the person submit their written comments as EIR/EIS CEQA responses to Mr. David Young of WAPA. At the June 1, 2009 sat anonymous Mr. Young taking copious notes. The well-managed City of Davis meeting would not have happened at all if it were not for the devoted perseverance of both Jim Provenza and Don Saylor.

Demolition, Destruction and Rebirth

District Breaks Ground on New DHS Stadium –

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For many it was a day that they never thought would arrive.  As board President Gina Daleiden described it, she remember when she was a PTA President and the idea of a new stadium was presented as a dream.

As Ms. Daleiden put it in her prepared remarks:

 

Is the City Budget Short-Selling the Public?

citycatThe city of Davis will ostensibly be passing a budget on June 23, 2009.  Included in that budget will be about 15.5 FTE positions cuts and another 1.5 million dollars in the tiered program reductions.   Total savings to the city will be 3.4 million dollars and the budget will on paper be balanced.

As we look more closely at the budget, one is likely to become skeptical about the plan.

Hundreds in Woodland March Calling For Independent Investigation in Death of Gutierrez

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Political Leaders from Woodland and the County Completely Absent From Event

In an event attended by hundreds of Woodland residents and many from across the county and the region, labor leader Al Rojas and religious leaders called for an independent investigation into the April 30 shooting death of 26-year-old farm worker Luis Gutierrez.  Mr. Gutierrez was shot and killed by Yolo County Sheriff’s Deputies as he walked home from the DMV on the Gum Avenue overpass in Woodland.

The march which was led by the family of Mr. Gutierrez followed the route that he took in the last moments of his life.

City Staff Recommends Renewal of Measure J Basically Intact

citycatFive Year Sunset Clause Problematic However

The issue of the renewal of Measure J was at one point expected to be rather controversial.  However at least looking at the staff report, that may not be the case.

In 2000, Measure J was passed by the voters of Davis by a 53.6% yes vote giving the citizens the right to vote and determine whether land can be re-designated from Agriculture or Open Space to any urban usage.  The measure however, sunsets at the end of 2010 and must be reconsidered by the voters.

Westlake Property Remains Out of Compliance With City Codes

westlake.jpgBack on April 1, the Vanguard visited the Westlake site and took photos of possible code violations.  The Vanguard has now learned that following those photos, the city of Davis issued a notice of Violation to the property owners on April 9, 2009.

In particular, two items were cited, the loading dock “filled with earth” and a cracked window that had been boarded over.

VANGUARD REPORT: Covell Village Campaign Failed to Disclose Hundreds of Thousands in Campaign Expenditures

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On November 3, 2005, literally four days before the 2005 election that would see Measure X, the Measure J vote that Davis voters would overwhelming vote down by a 60-40 margin, an article ran in the Davis Enterprise, whereby the No on Measure X campaign complained among other things that the Covell Village Company and their “Smart Planning – Yes on X” Campaign had failed to disclose the true cost of more than a dozen glossy campaign mailers sent to thousands of Davis voters as well as other campaign expenses such as campaign worker salaries.

The Vanguard has now learned over three and a half years later that there was significant merit to that complaint. On April 3, 2008 three amended statements  using the Fair Political Practice Commission (FPPC) California Form 460 were filed with the Davis City Clerk, two and a half years after the termination of campaign papers were filed on January 31, 2006 claiming a zero balance and a final expenditure of $385,274.75 for the campaign that lasted from July 28, 2005 until December 31, 2005.