July 2010 - Davis Vanguard

The City of Bell Sounds the Alarm for Us All

By David GreenwaldJuly 31, 20103 comments

When the issue of the City of Bell first arose, it drew me in because, while the magnitude of the problem in Bell is far greater perhaps than elsewhere, it embodied a number of problems that every local community is struggling with.

One point I think that this illustrated to me, and I was not alone because I have had numerous people tell me this over the last week or two, is that the problem in Bell illustrates why we need local beat reporters. Yesterday, this site celebrated its fourth anniversary of its founding on July 30, 2006. I would like to believe at the very least we have made local government more cognizant of their actions.

On 20th Anniversary of ADA, City Thwarting Efforts to Allow Access Ramp to Davis Community Church

By David GreenwaldJuly 31, 201028 comments

The Davis Community Church has been proposing and has requested to be allowed to install a new universal access ramp. This would be an enlargement of the landing at the main entrance to provide a concrete patio for a gathering place, and new landscaping in order to hide the railings of the proposed ramp off of Fourth Street.

As was explained to me, at the present time the church has members who are not able to access their church because they cannot get in and out of the front door. This includes a number of elderly parishioners whose mobility is limited and other members who are also wheelchair-bound. In addition, the church wishes to increase the size of the front patio to enable the reverend to stand away from the door and greet the congregants. The access ramp would land on the new patio.

Case of Mistaken Identity Leads to Jail For Innocent Man

By David GreenwaldJuly 30, 201032 comments

Juan Garcia lived in Long Beach with his common-law wife and three children, the youngest of which is only two weeks old. He has been with her for five and a half years. On June 4, 2010 according to his wife, he was pulled over by Long Beach police for no reason. During the course of the polices search it was determined that he had two outstanding warrants.

One of these warrants was for a failure to appear in a ten-year-old case from Long Beach that was quickly resolved, and the other a warrant for his arrest stemming from a domestic violence incident in West Sacramento on December 18, 2009.

City Proposals to Streamline Approval For Cell Towers and Other Entitlement Review Processes

By David GreenwaldJuly 30, 201013 comments

The City Council has on their special agenda for Monday morning an item entitled “Proposed Updates to Entitlement Review Processes.” The item would appear to streamline the processing to expand the list of projects that may be approved via the administrative review process.

There are four listed streamlined uses that this would apply to. First, co-location of new antennas/equipment on existing cellular towers not within 500 feet of residential districts. Second, Final Planned Developments for new commercial buildings or additions. Third, Revised Final Planned Developments for commercial or residential projects for discreet additions or changes (not wholesale changes) to residential subdivisions. And fourth, new homes or additions resulting in six or more bedrooms (continue to require specific findings). Furthermore, it would direct staff to initiate processing the necessary code amendment to eliminate the requirement for a CUP (conditional use permit) for structures over two stories in the Central Commercial (CC) zoning district.

A Couple of Interesting Tidbits Sitting Around in the Courtroom

By David GreenwaldJuly 29, 20100 comments

One of the more interesting things about sitting in a courtroom is listening to the conversations that take place when there is no judge or jury around.

I was sitting around Department 7 Wednesday morning waiting to see when the jury might return in the case of Maria Pastor charged with possession of 0.0118 grams of meth. The conversation between the Deputy Sheriff and Deputy DA Sean King quickly turned to the case. It was not about the absurdity of charging someone with possession for that small of an amount of meth, but rather the defendant’s excuse that it was someone else’s purse.

Without a Fight, Fire Consolidation Plan Moves Forward

By David GreenwaldJuly 29, 201024 comments

In one of the boldest and most innovative moves since I have been following the Davis City Council, the City Council unanimously and almost without comment approved a plan that would consolidate the leadership of the Davis and UC Davis fire departments under a single fire chief, a move that will save both entities a combined $250,000 a year.

The City Council voted Tuesday night to authorize staff to move forward with a plan to implement the first phase of the pilot project. The plan also calls for a shared fire dispatch center; a restructuring of administrative support functions; and standardized training, policies and procedures, according to a release from the city of Davis.

Woman Brings Meth Pipe Through Court Security, Convicted For Possessing 0.0118 Grams of Meth

By David GreenwaldJuly 29, 201037 comments

Guilty Verdict Raises Serious Questions About Priorities During Budget Crisis –

Next time you hear Sheriff Ed Prieto or District Attorney Jeff Reisig complaining about their lack of resources to fight crime remember this case, and the use of court and law enforcement resources needed to prosecute this case and bring it to a jury trial and ultimately to a guilty verdict and a felony conviction.

Maria Pastor was taking her friend to a court hearing in Department 9, which is the arraignment court across Third Street from the main court building in Woodland. As she went through security, the Deputy at the screening line, Sgt. Batista noticed something suspicious in a purse going through the scanning machine. He saw something that looked like a smoking pipe. He found a pipe and a bag of white powder that turned out to test positive for presumptive meth.

Senior Housing Guidelines Are Approved – With Nary a Whimper!

By Elaine Roberts MusserJuly 29, 20101 comments

New Dynamic on the City Council?

By E. Roberts Musser –

On Tuesday July 27, 2010, the Senior Housing Guidelines were unanimously approved by the City Council. Go figure! I attended the Council meeting “loaded for bear”, ready to do battle for the Guidelines. Why such a pugnacious stance on my part? The Senior Citizens Commission together with City Staff, the Social Services Commission and ADA Subcommittee worked on these Guidelines for a very long time – nearly three years. The Guidelines did not initially make it onto any City Council agenda, because the events of the Senior Housing Strategy overtook them. Ultimately the Senior Housing Strategy was enveloped into the city’s bureaucratic vortex as a lost cause.

Davis Disability Pride Parade and Celebration on Saturday morning

By David GreenwaldJuly 29, 20100 comments

A disability pride celebration marking the 20th anniversary of the passage of the Americans with Disabilities Act will begin at 9 a.m. Saturday, July 31, in Davis’ Central Park (between 3rd and 5th and B and C Streets) . It will begin with a sidewalk parade around the park, starting and ending at the Rotary Stage by the carousel, followed by speakers and performers at 9:30 a.m. Central Park is also home to the Davis Farmer’s Market at this time, so we hope you come and enjoy all the produce and goodies as well.

Organizers say they hope to “strengthen the pride, power and unity of people with disabilities, our families and allies” and “challenge the way many people think about and define ‘disability.’ ”
Davis High School and UC Davis graduate Sara Granda will serve as grand marshall for the parade. Paralyzed from the neck down after a car accident in 1997, Granda made headlines last year during her successful fight to take the bar exam. She has since been appointed special assistant to the chief counsel for the State Department of Health Care Services.

Council Goes Ahead with Application for Grant Involving Nishi Development

By David GreenwaldJuly 28, 201019 comments

In a fast-moving meeting that seemed to lack significant discussion on several key issues, the Council agreed to move forward with the Grant Approval process for the “Gateway/Olive Drive Specific Plan Update, Including Nishi Property and Circulation Improvements.” The council approved the proposal by a 4-1 vote with Councilmember Sue Greenwald dissenting.

Councilmember Greenwald expressed concerns about going ahead with planning for the Nishi property prior to an agreement from the university to allow university access on the back side of the property. She sees the site as potentially ideal for a business development but is concerned with the traffic flow issues from Olive Drive onto Richards Blvd.

Jury Deadlocks on Whether Protester Attacked UC Davis Police Officer During Mrak Hall Protest

By David GreenwaldJuly 28, 201013 comments

On a night in November, 50 students took over the Mrak Hall at UC Davis. Brie Holmes was never in the building. Instead she was described by her Attorney Stewart Katz as being outside Mrak Hall – clapping and cheering the protesters who had volunteered to be arrested.

Brie Homes was a 20-year-old senior who was charged with battery on UC Davis Police Captain Joyce Souza and resisting arrest. After deliberating Thursday afternoon, Friday, and Monday morning, the jury deadlocked on both counts. The final poll had a 10-2 vote for acquittal on the battery charge with a full 6-6 deadlock on the resisting arrest charge.

El proceso del mandamiento judicial de pandillas sigue, el equipo defensor muestra los problemas con testimonio de rumores

By David GreenwaldJuly 27, 20100 comments

Una de las primeras batallas en el caso del mandamiento judicial de pandillas ha sido si debe permitir o no evidencia indirecta, particularmente de agentes de policía que repiten las declaraciones de varios presuntos miembros de pandillas. La jueza Kathleen White hizo una resolución formal el lunes sobre la protesta en curso de los abogados de la defensa contra permitiendo tal evidencia.

Ella dijo que permitirá a los demandantes a “conectar los puntos” y mostrar la importancia del testimonio en el que se establece que una persona era en realidad un miembro de la pandilla criminal de los Broderick Boys.

City to Decide What to Do with DACHA Units

By David GreenwaldJuly 27, 20104 comments

In early July the Davis Redevelopment Agency became the owner of the homes in DACHA. The foreclosure auction finally occurred after legal hurdles were breached when a judge dismissed efforts by Neighborhood Partners to declare involuntary bankruptcy.

A long series of events led to this outcome. The city of Davis had previously decided to lower the cost of shares and monthly payments to the members of the Co-Op. Included in that was a refinance by the city of Davis, meaning that the Redevelopment Agency became the effective bank for DACHA.

Gang Injunction Trial Continues, Defense Team Shows the Pitfalls of Reliance on Hearsay Evidence

By David GreenwaldJuly 27, 20102 comments

One of the early battles in the Gang Injunction case has been on whether to allow third-party evidence from police officers in particular offering statements from various alleged gang members as evidence. Judge Kathleen White made a formal ruling on the ongoing objection by defense attorneys to allowing such evidence on Monday.

She argued that she would continue to allow the plaintiffs leeway to “connect the dots” and show the relevance of the testimony in establishing that an individual was in fact a member of the Broderick Boys Criminal Street gang.

City Staff Report Recommends Pilot Consolidation of City – UCD Fire Services

By David GreenwaldJuly 26, 201014 comments

As we have previously report, a confluence of several factors including the retirement of the Fire Chiefs at both the City of Davis and UC Davis and a bad economy necessitating cost-cutting measures has made what might have been a challenging task of getting all parties to agree to a consolidation of fire services at least one step closer to reality.

According to the city staff report, “With the concurrent retirement of the City of Davis Fire Chief and UC-Davis Fire Chief, as well as the City of Davis Division Chief of Operations, there is an opportunity to assemble and reconstitute the aggregate remaining chief officers to form a functionally consolidated, unified command team for singular management and oversight of both the City of Davis and UC-Davis fire departments.”

Walking in Davis While Black or Justifiable Terry Stop?

By David GreenwaldJuly 26, 201052 comments

Daniel Carter was just released from a hospital where he was receiving treatment for a psychiatric ailment. He was heavily medicated and missed his stop in West Sacramento on the Yolo Bus. He reached the end of the line in Davis, was awakened by the bus driver and deposited on the corner of Chiles and Mace.

According to his mother, Janice Jackson, he did not know anything about Davis. As he was trying to figure out how to get out of Davis, he went to a store to buy a can of beer. Mr. Carter suffers from a mental disorder and he often carries all of his items on him. That includes a pair of clippers and a knife that he used to adjust the clippers. It is an old knife, worn down and dulled from the use, but it was in his pocket.

Commentary: Council Priorities Change with the Times

By David GreenwaldJuly 25, 201016 comments

I did not get to watch the entire meeting on Saturday, so these are merely observations from the morning portion of the Council Goal Setting Session. We will get a fuller picture after city staff takes some of the raw material and finesses it. Still I think initial observations can be useful.

My first observation is, and this is a bit unfair, but that I always feel like I am getting a sell job when I listen to Bill Emlen talk about the state of the city. There is no doubt that the city, at least in terms of its goals, accomplished some of them. The city did bring the Bicycling Hall of Fame, that is certainly an accomplishment. They did bring in a Target and Trader Joe’s. You can decide for yourself whether that is a good thing. They have moved forward on the water projects. The city is moving forward on a sports complex.

City Officials Resign in Wake of Salary Scandal in City of Bell

By David GreenwaldJuly 25, 201013 comments

City of Bell Becomes Poster Child For the Corruption of Public Employee Salaries –

When we first covered the fiasco of the city of Bell, it appeared that the city staffers were being defended by their city council. However, residents of the blue-collar Los Angeles suburb where one in six live in poverty, became outraged to find out how much their city staff was being paid and they demanded that the city manager, police chief, and another high-salaried official resign.

Worse than that, the Mayor and Council got an obscure measure on the ballot that allowed council members to pay themselves any amount of money. They received $90,000 and $100,000 a year as part-time councilmembers.

Governor Candidate Jerry Brown’s Pension Reform Proposal A Step in the Right Direction

By David GreenwaldJuly 24, 201016 comments

For those who do not believe that pension reform is quickly becoming inevitable, the proposal by Democratic Governor Candidate Jerry Brown probably makes it exactly that. And while his opponent Meg Whitman was quick to attack the proposal, it has always been my hope that more moderate forces would get out in front on this issue.

From my perspective, the fiscal problems that cities face with pensions have little to do with the average worker’s pension and far more to do with the 3% at 50 safety enhancement, early retirement ages, pension spiking, and the large pensions earned by those in top managerial positions. The average state worker will earn roughly $27,000 upon retirement. My hope is to protect that average state worker while reforming the excess at the top.

Is Environmental Grant Proposal Backdoor Plan to Develop Nishi?

By David GreenwaldJuly 24, 20109 comments

At Tuesday’s city council meeting, the ostensive action item is to apply for a Sustainable Communities Planning Grant. But reading through the plan itself, it becomes fairly clear that the grant is a means by which to develop the Nishi Property. “The proposed project is the “Gateway/Olive Drive Specific Plan Update, Including Nishi Property and Circulation Improvements.””

According to the staff report, “The primary goal of the grant program is to develop and implement plans that reduce greenhouse gas emissions and achieve the following objectives.”

Month: July 2010