Month: December 2009

My Last Rant of the Year: Report on Open Government in Davis

American_Democracy_smallI would have liked to have compiled the Vanguard’s second annual City Council Scorecard for 2009 but there is one big problem, to do so, I would have to reconstruct votes from Vanguard articles and memory.  Why is that?  Because if you go to the council Agendas and Minutes webpage, you see that the last minutes posted from Tuesday, December 9 of 2008!

That makes it a little difficult to go back and look at how people voted.  I know it has been brought up during the council meetings at least once.

The Year Ahead in Davis Figures To Be Action-Packed

citycatAs we wind down on 2009, the city of Davis has dealt with a few looming issues, but has also failed to deal with several looming issues that figure to escalate in 2010.  This is our look ahead to 2010 to examine what issues we are likely to face, but as always we will not anticipate some of the biggest and most burning issues in this community.

2010 Elections: Here’s what we know so far, there is one vacancy on the Davis City Council as Lamar Heystek has announced he will not seek re-election.  That means that for the first time since 2006, we will have a new councilmember.  Ruth Asmundson is believed to be running for re-election and the Vanguard has heard through credible sources that Sydney Vergis who ran and finished fourth in 2008 will also run for election and do so on a “ticket” with the Mayor.  Newcomer Joe Krovoza has announced he will run.  But we figure that there will be more than three when the dance cards are punched.

On Mental Illness

insane_asylumOn December 9, Rich Rifkin wrote an op-ed in the Davis Enterprise that generated a good deal of controversy.  While the subject matter is not necessarily the purview of Davis it does overlap with issues that impact Davis and Yolo County.  Today we have a court ruling constraining the use of Tasers particularly against those with mental disorders.

At the outset, having gotten to know Mr. Rifkin through interchange both on the Vanguard and in the community, I do believe his intentions here are intended to help, rather than intended to be malicious as some of the letters to the Enterprise in response have implied.

Federal Appellate Court Ruling On Tasers May Have Local Implications

ricardo_abrahams.jpgThe Sacramento Bee reports on a ruling out of San Diego County where the 9th US Circuit Court of Appeals has issued a comprehensive ruling that limits the use of Tasers by police against low-level offenders who seem to pose little threat and may have mental illness.

The specific case involves an emotionally disturbed individual who was shot with a Taser.  He was described as unarmed, yards away, and neither fleeing nor advancing on the officer.

A Closer Look at the Sac Bee’s Article on DA Jeff Reisig

reisig-2009The Sacramento Bee yesterday ran a story on Sunday on Yolo County District Attorney Jeff Reisig where the DA defends his anti-gang campaign.  Unfortunately the article reads more like a puff-promo piece than a piece that critically examines Mr. Reisig’s gang record or whether Yolo County faces the problem that the DA claims.

Perhaps in another publication, the writer would have immediately realized the absurdity of it all, comparing Jeff Reisig to famed gangster-hunter Eliot Ness.

Protester Handbook Would Lead to Escalation of Tensions

Student_protest_november_2009.jpg

At some point, I was forwarded a copy of the University of Miami of Ohio’s President, James C. Garland who has a handbook to administrators on what to do when protests get out of hand.  Not surprisingly he offers a rather hardline approach to dealing with college protesters.  After long and considerable debate, I decided to respond to it, primarily because I believe a lot of the prescriptions offered by the President are actually detrimental and self-defeating.

He offers specific reference to UC Davis in his comments dated December 2009, the irony is that unlike the past, I think the UC Davis officials and administrators fared fairly well.  The situation that occurred was tense, it was perhaps dragged out too long as the students occupied Mrak Hall, but unlike the past, the university comes across of sympathetic and reasonable.  Had they followed Dr. Garland’s advice, the situation would likely have escalated rather than de-escalated.

City’s Failure to Deal with Pension Issues Will Come Back to Haunt It

citycatThe city of Davis had an opportunity to deal with its long term structural problems when addressing the new collective bargaining agreement with its various bargaining units.  However, if the fire MOU is any indication, the city has failed to deal with the long term implications.  Instead it has traded short-term budgetary needs in lieu of dealing with the bigger issues.

As Councilmember Heystek put it late last week,

Affordable Housing Issues and Scandals Need to be Addressed in Workshop

affordable_rentalhousing-size-150.jpgThe first council meeting in January has one major item and that is an affordable housing workshop.  It appears to be the first of two parts after the council receives information and provides feedback.  However, like most staff reports, it seems to fail to raise a number of important issues.

Of interesting note, while the staff report seems to provide a history of affordable housing, it does not supply any information or even acknowledge the affordable housing scandals of the early part of this decade, where the affordable housing program was abused in part by city staff.

Spinning the State of the City Address

emlen_billYesterday by virtue of the fact that the Vanguard is a member of the Davis Chamber of Commerce, we received an invitation to the January 5, 2010 speech by Bill Emlen highlighting the state of the city.  Sounds like a neat idea for the Chamber, but unfortunately, they have asked an individual to give a speech who is in absolute denial about the condition of the city that he oversees.

While it is true that Mr. Emlen will likely acknowledge some of the challenges that Davis faces, he will also downplay the severity of a number of problems.

Vanguard Tours New Grocery Store

westlakeABC Determines Westlake a High Crime Reporting District –

The Vanguard toured the new Westlake IGA Market yesterday with owner Harley DeLano and Eric Nelson from DANG and while there are some astonishing bumps in the road that will be discussed shortly, the Vanguard was told that the plan is to open the store on January 15.

The Vanguard however was floored to learn that currently, the Westlake Market is having trouble obtaining a liquor license because the State Alcohol Beverage Control (ABC) has deemed the district to be a high crime reporting district.

Planners Galore Working on What Exactly and at What Cost?

citycatThe city of Davis has a new feature on their Community Development Department website, where it gives an update on the status of current projects.  In it is a description and update of all current projects.  While this may be an interesting tool for the public and those curious about what projects are underway or those curious about a specific project, there are some interesting tidbits to be gleaned from a more critical perspective.

The first astonishing fact is that for the city, we have 14 different planners working on these projects.  That is an astonishing number.  Think about how few projects and developments that we approve and somehow we need 14 different planners.

Update: Carlton Plaza Davis Moves One Step Forward Despite City Staff Opposition

Assisted_Livingby Elaine Roberts Musser –

City Staff recommended against approving the proposed Carlton Plaza Davis assisted living facility for our seniors in Davis. The reasons given were the proposed project would somehow negatively impact Davis Waste Removal (DWR) and the Davis Police Department (DPD) in their ability to operate effectively, especially if either of them decided to expand operations. On December 16, 2009, the Planning Commission listened to both sides, and passed the following two motions:

The Planning Commission rejected the Staff recommendation not to approve the proposed Carlton Plaza Davis project.

Rape Case Exoneration Provides Another Mark Against DA

2972607492_848584e3ac.jpgA pretty good article earlier this week in the Davis Enterprise on the rape case of three men who had been accused of rape, sodomy, kidnapping and charged with 63 counts.  Sound familiar?  Except this time the accused facing near certain life times, were found innocent by a court of law that issued the verdict on Tuesday.

We did not sit through the trial and we only know press accounts of the case, but it has all of the familiar elemnts.

Covell Partners: The Best Publicity Money Can Buy

covell_village

Facing a daunting landscape for trying to get a project approved in Davis, Tandem Properties has turned to trying to achieve positive publicity by donating to the schools–a worthy endeavor, particularly for a group that is about to submit an application for a new Measure J project.

For those who like, neat, tidy packages, the pieces here fall to place ever so conveniently.

Councilmember Heystek Speaks Out About Fire Contract

lamar_heystekOn Tuesday night, the council voted to ratify a new contract with the Davis firefighters that would extend for three years.  It passed by a 3-2 vote amid questions about process and about the actual savings derived from the agreement.

Davis City Councilmember Lamar Heystek along with fellow colleague Sue Greenwald were the dissenting votes on the fire contract on Tuesday.  The Vanguard had a phone interview with Councilmember Hyestek Thursday night to talk about the vote, the implications of the contract, and what the future will bring on a fiscal front.

Word to the Wise: Senior Housing Strategy Update

Assisted_LivingBy E. Roberts Musser –

City staff issued a report on the revision of their Senior Housing Strategy, forwarded to the City Council as an informational item on the consent calendar of Tuesday night’s agenda. The matter will be taken up formally on January 12, 2010. The revised version of the Senior Housing Strategy took into consideration comments made by both the Social Services and Senior Citizens Commission. Each of these commissions allowed for ample public comment, including from the group California Health Aging (CHA).

Of the 10 formal motions passed by the Davis Senior Citizens Commission, 8 of them were fully incorporated by City Staff into the revised Senior Housing Strategy; one motion was partially taken into account; and one was ignored as problematic. Of the two recommendations offered by the Social Services Commission, both were included. It is very encouraging City Staff worked closely with both commissions and the public, took into serious consideration what everyone had to say, and for the most part agreed and included the suggestions into the evolving Senior Housing Strategy. Such collaboration is essential to producing good work product.

Commentary: Abuse of Public Process

citycatGenerally speaking on issues I consider major, I offer a post mortem outlining what happened, the impacts.  There are critical substanative impacts from the council’s approval of the fire budget that need to be weighed in the coming weeks.  However, from my standpoint, the most shocking aspect of it all is the abuse of process that we witnessed on Tuesday night where debate was cut off and the council voted against the advice and recommendation of their own advisory commission.

Councilmember Sue Greenwald was pressing the Finance Director on the validity of his numbers when she was cut off by Mayor Ruth Asmundson.