Month: November 2009

Vanguard View: No Good Reason To Change Measure J

covell_villageThe purpose of Measure J was to give citizens the ultimate say any time the city expanded beyond its current boundaries or converted agricultural land into urban use.  The Measure has been used exactly twice and both times the proposals were resoundingly defeated.  First in 2005, the Covell Village proposal lost by a 60-40 margin.  And most recently in November of this year, the Wildhorse Ranch Proposal was defeated by an even larger 75-25 margin. 

While I may have seen merit in the most recent proposal, the voters had the ultimate say and they resoundingly said that now is not the time for a new peripheral development and they probably said now is not the time for more houses at all.  I do not see any tweaking of this process that would have changed the result.  The people spoke and Measure J may not have produced my preferred outcome, but it reflected the will of those who caste their votes in November.

Proposed Radio Tower in South Davis Generates Controversy

What Strobe Light Through Yonder Window Breaks?

by Matt Williams –

Approximately 35 South Davis area residents filled the East Davis Fire Station conference room when they joined the five members of Yolo County’s Willowbank Service Area Advisory Committee (WSAAC) for its Quarterly meeting Monday evening.  Supervisor Jim Provenza, his assistant Gina Daleiden and Planning Commissioner Rich Reed were also in attendance.  The main topic of the evening’s agenda was a discussion of the conditional use permit application by Results Radio, which owns the Woodland FM radio station KMJE, to build and operate a radio broadcast tower off Mace Boulevard about three-quarters of a mile south of Montgomery Avenue.

Vanguard Challenges Clearance of Sheriff’s Deputies in Shooting of Gutierrez

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Questionable Actions By Officers May Have Led to Unnecessary Confrontation and Esclations –

The Yolo County District Attorney’s Office has cleared three Yolo County Sheriff’s Deputies of any criminal conduct related to the April 30, 2009 shooting of Luis Gutierrez.

A 37 page District Attorney report concludes:

“When considering all of the facts and circumstances known to them at the time, the use of deadly force by the deputies was objectively reasonable and justified and therefore does not warrant the filing of criminal charges against Sgt. Johnson, Deputy Oviedo or Deputy Bautista.”

San Jose is Having Public Debate on Labor Negotiations Transparency We Should Be Having

citycatStunned is probably a good word for my reaction to reading a Sunday Op-Ed in the San Jose Mercury News from the President of the San Jose Fire Fighters, IAFF Local 230.  He was responding to an op-ed that had been in the Mercury News back on November 4, 2009.

The discussion mirrors a debate that we should be having in Davis in light of the our current labor negotiations that have occurred behind closed doors where there can be no light of public scrutiny until the point at when they are concluded.  At that point we have no agreed upon parameters whereby the public and the city council can scrutinize the contracts.  Apparently we are not the only city undergoing these sorts of problems.  But perhaps for the first time, we have been shown the light.

Davis Senior Citizens Commission Special Meeting: Senior Housing Strategy

covell_villageWhat Was The Upshot?

By E. Roberts Musser (private citizen) –

On November 19, 2009, the Davis Senior Citizens Commission met in a special meeting, to discuss city staff’s proposed Senior Housing Strategy. Bob Wolcott, Principal Planner, Community Development Department, gave a fairly extensive presentation. During Public Comment, various members and supporters of the group California Healthy Aging (CHA) were also allowed to give full input, as did Bill Streng, one of the proposed Covell Village developers. What follows is my perception of what happened at that meeting. In bold lettering were the questions posed by city staff, for commission opinion and any consensus that could be arrived at by the commission as a whole.

Kevin Wolf’s Response To Vanguard on Alternative Measure J Proposal

covell_village.jpgby Kevin Wolf –

I read David Greenwald’s opinion piece and the many comments about my proposal that we consider an early Measure J vote.  I appreciate David Greenwald’s offer to let me respond and start a new thread where I will be more involved in responding to people’s concerns. I won’t be able to cover all the issues raised in this reply, but I will try to be more involved in the debate here at the Vanguard.

I chaired Sheryl Freeman’s city council campaigns in 1996 and also in 1998 when she won.  I was involved with most of the major issues she addressed while she was on the council. We both were sick of the type of growth that occurred in the 1990s in Davis. Sheryl advanced a proposal that had an earlier vote on Measure J, but the citizen committee that drafted the final Measure J language had three votes on the council to adopt theirs as they had written it.   Sheryl ended up joining council members Wagstaff, Partansky and Forbes in support of that version and both of us put time into the subsequent campaign for Measure J.  We believed the final language had problems but was better than the status quo, and it would be reconsidered in ten years.

 

Abrahams Family Settles With Woodland After Taser Death

ricardo_abrahamsThe parents of Ricardo Abrahams have settled a portion of their law suit, the portion that sued the city of Woodland and four police officers for the tasering incident on May 28, 2008 where Mr. Abrahams eventually died not from the Taser strikes but rather from positional asphyxia–being improperly handcuffed in a prone position.  The coroner concluded that the weight of the victim contributed to his death.

The settlement agreement was for 300,000 dollars.  Under the agreement there was no acknowledgment of wrongdoing on the part of the city of Woodland or its four officers involved in the incident.

This is What Democracy Looks Like

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Locally the protests at Mrak Hall have drawn a huge amount of local and regional attention.  UC Davis protesters and administrators met over fee hikes yesterday.  52 protesters were arrested on Thursday night, we reported midday that a number were still incarcerated and they ended up released by 11:20 am.

The caption reads, “this is what democracy looks like,” and across the state, the story is the same, students protesting, barricading, and getting arrested.  For those who worried about the future leadership of this nation, worry not, this generation is just as capable as your own of battling authority.

Let Me In! My Last Night as an ASUCD Senator

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by Jack Zwald –

It was about 7 P.M. when we got to Mrak Hall (for those of you who don’t know this is the administration building). The ASUCD Senate decided unanimously to move our meeting out to Mrak Hall to stand in solidarity with the students protesting, some inside and some outside, in regards to the UC Regents recent decision to raise fees 32%. All the television networks were there, the police were there, and between two and three hundred students, faculty, staff were there.

After trying to hold an organized meeting on the steps we realized it was too loud to conduct business so we took an hour recess. After speaking with some of the organizers we were ushered to the front of the protest and the President of the Associated Students gave a brief speech.

 

Effort Underway to Kill or Water-Down Measure J by Putting Competing Measures on the Ballot

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Kevin Wolf has put together a proposal that might put a second and competing Measure J vote on the ballot.  The competing measure would put projects to a vote at a far earlier stage.  The question is what Mr. Wolf’s intentions are at this point.  One possibility that he alludes to in a guest opinion piece published on a local blog, is that he is trying to make it easier for projects to pass a Measure J vote–an interesting goal given his opposition to the recent Measure J vote, Measure P.  The other possibility is that he is placing a competing Measure J vote on the ballot in order to kill Measure J.

Regardless of the actual intentions, this represents a serious effort to muck up the waters on what would have been clear sailing for a pure renewal of the measure that enjoys around 75% support, a similar level of support as the last project was voted down.

UC Regents Raise Fees 32% Amid Bleak Economic News

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As expected, a committee of the UC Regents voted on Wednesday to raise student fees by a total of 32 percent over the next year.  These hikes will bring the annual cost of a UC education above $10,000 for the first time ever.  The full board is expected to ratify these changes today.

There were massive student strikes at UCLA where the UC regents held their meeting and at UC Berkeley where many of Northern California Students Coalesced.

Word to the Wise: City Staff Recommends NO To Carlton Plaza Davis – But Why?

Assisted_LivingBy E. Roberts Musser (private citizen) –

After many months of unexplained delay, city staff finally pronounced its verdict in regard to a proposed assisted living facility, Carlton Plaza Davis. It would be located next to Konditerei, the Davis Police Department and Davis Waste Removal. The site is currently zoned light industrial, so a zoning change to public institutional use would be required. Cathy Camacho, city staff planner, made a formal declaration at the November 12th Davis Senior Citizens Commission meeting. The city’s Department of Public Works and Davis Police Department believe the proposed assisted living facility is an incompatible use at that particular site. The city believes it is a wonderful project, just not at that locality.

However, here is the curious thing. The city’s staff report to the Davis Senior Citizens Commission states “Staff is providing project details on the proposed Carlton Senior Assisted Living Care Facility proposal for informational purposes. Staff is soliciting comments from the Commission regarding the proposed use, but is not recommending any formal action be taken by the Commission on this item. The project will be reviewed at public hearings before the Planning Commission on Dec. 16, 2009 and the City Council on Jan. 12, 2010.” Nowhere in the city staff report to the commission does it state opposition to this project. Rather it sounds as if city staff is soliciting the Senior Citizens Commission’s input for consideration before any decision is made.

Council Delays But Does Not Kill Willowbank Development

citycatIt is strangely interesting that just two weeks after the city voters overwhelming voted down a highly innovative Measure J project, the council majority is pushing forward with a 27-unit project that has almost no green features.  That they did not approve the project on Tuesday night only delays the inevitable.  There were serious enough problems with the current proposal that they simply could not go forward.

The most controversial portion of the proposal reduced the long-established 50-foot riparian buffer zone along the Putah Creek Parkway down to 30 feet.  This went against the recommendation of the Open Space and Habitat commission and was seen by the council as going too far.  It also went against what the Staff Report acknowledges went against general plan requirements.

Pushing For Senior Housing or a New Project at Covell

Assisted_LivingIn June, the question of Senior Housing was launched onto the Davis radar with the help of a developer-created and controlled group, CHA (Choices for Healthy Aging).  As a result, the issue of Senior housing has been pushed to the fore.

The Council had originally agreed to create a special committee to the develop the senior housing strategy, however this process was suspended ostensibly due to a re-evaluation by the City administration of workloads and staffing commitments.  So instead, the staff is taking these proposals to the Senior Citizens and Social Services Commission.

Staff Report on Noise Ordinance Exemption Is Baffling

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Our initial report on Saturday did not have access to the staff report because the city’s computer system was down at the time it was written.  The staff report is now available and raises far more questions than answers primarily because it gives no rationale for the exemption other than the fact that the Council voted to direct staff to examine the noise ordinance and suggest approaches to dealing with child care centers and schools.

The issue of the time limitations for the noise ordinance exemption are interesting:

Commentary: Sharing the Pain

citycatIt is somewhat remarkable to see the Davis Enterprise editorial this morning, exclaim that the “Public employees must do their part.”  They look at the Davis city and school budget budgets and argue that the employee unions must take concessions if they want to save jobs.

Last year, the teachers did not do this, and of course 57 teachers, administrators, and staffers ended up losing their jobs.  So now that we know that the district is looking to close another $3.5 million deficit in the coming year and that the current plan is based on $2.5 million in cuts, 33 additional jobs cut including teachers, administrators, and eight support positions and there will be an additional $1 million realized in employee concessions that are still to be determined.

City Disrespects Neighbors by Again Agendizing Exemption to Noise Ordinance

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Back in March, Mayor Pro Tem Don Saylor requested an item by a Councilmember on the agenda that would exempt from the City’s Noise Ordinance, Schools and Day Care centers.  Mayor Pro Tem Saylor described the noise as the natural and delightful noise of children.  He openly wondered who could object to the sounds of children, implying that those who did were simply being selfish and insensitive.

The Vanguard immediately identified the source of this request, as for years, the residents of Cezanne Court have been fighting John Hillis, owner of the private for profit Montessori Country Day Care Center.  As one of the neighbors described it to me, the problem is so bad that once school begins at 8:30 am, there is no possibility of resting in their own home.  There is persistent noise throughout the day at levels approaching 90 dbs.  Moreover there is trash and litter thrown throughout various adjacent properties.

Impasse Being Bandied About

citycatFor those who have not read Rich Rifkin’s column in the Enterprise, it was an outstanding piece.  The idea of declaring impasse in the current labor negotiations is probably an increasingly necessary step.

As Mr. Rifkin explained, once a council declares impasse in its labor negotiations state law then allows the council to impose its “last, best and final offer” on the city unions involved in collective bargaining negotiations.  Davis has a particularly labor-friendly ordinance however, and under current law it could take four to six weeks to impose its contract terms after declaring impasse.

City Holds Works Shop on 5th Street Road Diet As Injury Toll Mounts

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Back on September 8, 2009, the Davis City Council unanimously adopted a resolution that supported the implementation of a road diet on the Fifth Street Corridor which would reduce the number of travel lanes from four to two and incorporate bike lanes.

Last night at the Senior Center, the city staff introduced its conceptual plans for implementing the design changes to the roadway and then sought public feedback on a variety of elements.