Month: July 2010

Governor Pushes For Roll Back to 1999 Pension Levels as Cities Move to Crisis Level

arnold_june_2009On Thursday, Governor Arnold Schwarzenegger continued to push for a rollback on pensions back to 1999 levels, prior to the current safety enhancements which have pushed local governments to the brink.

“Our pension crisis is a real problem that gets worse every day. California has $500 billion in unfunded pension debt that, without reform, will continue to grow and crowd out funding for programs and services Californians hold dear such as higher education, parks and environmental protection,” said Governor Schwarzenegger.  “The state has a duty to ensure taxpayer dollars go to things the taxpayers care about, and that’s why I will not sign a budget that does not include pension reform.”

Reflections on the Shooting of Oscar Grant

oscar_grantI still remember where I was when I watched the verdict back in 1992 in which an all-white jury acquitted Los Angeles Police Officers of beating Rodney King.  I remember where I was, I remember what I said, there’s going to be riots.  Turned out, there already was.  I was just a freshman at Cal Poly that year, but I watched transfixed for days to the burning and looting that occurred in Los Angeles.

One of my favorite musicians/ artists is Ben Harper, a few years after the riots, he wrote a song in which he sings, “Well Martin’s dream has become Rodney’s worst nightmare.  Can’t walk the streets, to them we are fair game, our lives don’t mean a thing.”  Towards the end of the song he sings, “So if you catch yourself thinking it has changed for the best you better second guess cause Martin’s dream has become Rodney’s worst nightmare.”

After Initial Jury Deadlock, Man Receives 31 Year Sentence in Picnic Day 2009 Fight

courtroom.jpgRecently a Woodland man was sentenced to 31 years to life in prison as part of a three strikes case stemming from a Picnic Day 2009 fight that broke another man’s eye socket.  He was sentenced by Yolo County Judge Kathleeen White on June 24, 2010.  On March 12, 2010 a jury convicted Steven Hector Martinez, age 35, of Woodland of one count of Battery with Serious Bodily Injury.

According the District Attorney’s office, on Picnic Day, April 18, 2009, the victim reported he was at the Bistro 33 restaurant in downtown Davis when he saw people he thought he knew getting into a fight in the street area. The victim went over to stop the fight. The defendant, a complete stranger to the victim, “sucker-punched” him in the face with his fist. The defendant and the group with him then fled the scene.

How will the Past City Council Be Remembered?

Lamar-Asmundson-Final-1

On Tuesday night, a council that for most of its tenure was sharply divided, honored two of its outgoing members, one of each side of that sharp 3-2 divide.  Thinking back to this council, and really much of the last four years of uninterrupted governance with the same five councilmembers, the most stark feature was that 3-2 omnipresent divide.

The council majority, who resented the term that implied a set voting bloc, would often argue that most decisions of council were done unanimously and that the 3-2 vote was rare.  However, I think that view ignores the reality of the situation – the 3-2 voting bloc loomed over the process.  So if each vote did not end up at 3-2, if there were times four and five councilmembers joined, it was often because the minority members were working on the margins to improve the policy rather than joining the policy because they supported it.

Defense in Gang Injunction Trial Opens With Surprise Motion to Recuse All Yolo County Judges

ganginjunction_catThe West Sacramento Gang Injunction Trial is set to begin next week, but first they had some pre-trial motions to deal with on Wednesday in Judge Kathleen White’s courtroom.  Judge White presided over the preliminary injunction back in 2008 after the Third District Court of Appeals threw out the previous injunction back in 2007. 

Judge White in 2008 imposed the preliminary injunction and now the District Attorney’s office is seeking a permanent injunction.  It is a civil trial and therefore the defendants were not entitled to court appointed representation.  So instead a large number of attorneys are representing the defendants pro bono, except for one defendant who has apparently dismissed his counsel and will represent himself pro per.

Deputy DA Displays Odd Courtroom Behavior

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Every so often it pays off just sitting in the courtroom.  In fact, that is part of the premise of Yolo Judicial Watch – the need to get people into the courtroom who can monitor and bear witness to the proceedings.  On Wednesday this paid off as I waited patiently for pre-trial motions to begin in the Gang Injunction Trial, set to begin next Wednesday.

I watched as Deputy District Attorney Clinton Parish became increasingly unhinged in Judge Kathleen White’s courtroom as a series of ruling went again him to the point where he seemed to becoming threatening to both Judge White and the defense counsel he was up against.  Whether he was actually speaking for the DA and illuminating new policy is something that we will have to see.

Meeting Davis’ Affordable Housing Needs Post-DACHA

housing-size-150Last Thursday, 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.

Mayor Asmundson and Councilmember Heystek Bid Farewell

Lamar-Asmundson-Final-1

On Tuesday night, two very different members of the Davis City Council, in very different stages of their lives, bid farewell in very different ways as Davis closed the book on a lengthy chapter of its history and a period of almost unprecedented stability on the Davis City Council.

The current council had been together a full four years since Lamar Heystek’s election in 2006 and four of the five members have served for six years together.  Whether one agrees or disagrees with her, Ruth Asmundson has served this community in public office for 18 years.  She had an eight year tenure on the city council, finishing first in her election both times, serving four years as Mayor Pro Tem and four years as Mayor.

Heystek Leaves a Legacy of Struggle for the Little Guy and Changing the Way We Do Business

lamar_heystekLooking Back Over Four Years of Lamar Heystek –

As some people may realize on July 30, 2010 it will mark the fourth year of this site’s existence.  Interestingly enough I think that means that this site has missed exactly two meetings in which Councilmember Lamar Heystek took part in and one of them was merely his swearing in ceremony.

I will admit it will be particularly difficult for me to say goodbye to the good Councilmember, because in a lot of ways is tenure is the Vanguard’s tenure.  The one thing the Vanguard never got to cover though was a Lamar Heystek campaign.  That was a difficult campaign that had to test the very core of a still-young man.  I still remember the look on his face when he described people literally slamming the door in his face because they did not agree with him.

How Concerned Should We Be About a Sports Complex on a Former Landfill Site?

sports-complex-stockLast week the Vanguard discussed three possible sites for the Sports Complex as well as the need for such a complex and the cost associated with it.  It seems that some believe that the former landfill site is the best of the three locations for such a complex.  They view it as relatively close to town, it is closer to a greenbelt hook up for a bike path, it is still a distance from homes, at least to the south (although perhaps not the east), and it is city owned property and would not be contingent on a deal with a developer.

There are some expressed concerns that having a sports complex with be growth inducing, however, the general belief is that Measure R would mitigate such concerns and sports complexes with the noise and lights are not ideal neighbors.

FPPC Considers Tougher New Regulations on Independent Expenditures

statecat.pngDuring the last campaign, as reported by this site, an Independent Expenditure campaign launched by Mayor Ruth Asmundson and Marty West attempted to resurrect a flagging Sydney Vergis campaign for Davis City Council.  Instead, a series of missteps helped to undermine the effort.  But at its core, it represented an attempt by two members of the public to legally circumvent the city’s one hundred dollar campaign contribution limit.

This is of course not just a Davis issue, in fact, the FPPC just released an analysis that found that $127 million has been spent by special interests on independent expenditures since California voters enacted contribution limits for statewide and legislative candidates in 2000 with the passage of Proposition 34, according to information released today by the Fair Political Practices Commission, the state’s political watchdog.

Looking at Racial Profiling and Race in Davis and Society

police-lineToday we will all pause for a moment in our lives to celebrate Independence Day.  Aside from the separation from the British Empire, Independence Day embodies the celebration of our most cherished values – freedom, liberty, and equality.  And yet even in 2010, some 234 years after the Declaration of Independence that declared, “we hold these truths to be self-evidence that all MEN are created equal…,” the notion of equality is still a work in progress at best.

Even in our own pristine community we are not immune to the social problems that has tormented this nation and questioned its values from day one.  This is a nation not only of values that ask us, implore us to do better, to seek greatness, but at the same time it is a nation of contradictions.  The shining beacon of liberty at the same time only granted that liberty to free white property owning males.  African Americans were slaves and only counted as two-thirds of a person.

Court Backs Governor on Minimum Wage but Does Not Order Chiang to Pay It

statecat.pngThe 3rd District Court of Appeals on Friday upheld a nearly year-and-a-half old ruling that would allow the Governor to order state  workers’ pay reduced to minimum wage until a new budget can be signed into law.  The timing cannot be mere coincidence, only a day after the governor ordered the Controller to pay all state workers 7.25 in wages until a budget is passed.

However, this fight is far from over.  On Friday, Controller John Chiang argued that while he lost the appeal he still has legal room to maneuver.

Davis Property Values Hold Steady as Yolo County’s Decline by 2 Percent

housing-size-150Yolo County Assessor Joel Butler on Friday released the 2010/11 Tax Roll which confirmed that Yolo County experience its largest decline in property values since Proposition 13 was passed in 1978.  The results are a net decrease to the Yolo County tax roll of almost 2 % to a value of $19,873,514,684.

“In recognition of the declining home prices, staff has been diligently working for months to review more than 21,000 properties for possible decreases in value,” said Yolo County Assessor Joel Butler.

Rosenberg Fires Back Arguing that Letter From Blacklock Does Not Terminate Benefits

rosenbergThis morning the Woodland Daily Democrat is reporting that Yolo County Judge David Rosenberg is disputing whether a letter from County Administrator Patrick Blacklock to William Vickrey that the county believed would preserve the county’s ability to terminate supplemental judicial benefits by filing just before the 180 period expired, in fact constitutes notice under the pertinent California Government Code section.

The notice was sent out at 4:59 pm Wednesday, just before the deadline to deadline to terminate county-funded benefits for four judges whose terms expire Jan. 1, 2011.

State Workers Ordered to Receive Minimum Wage Per Governor’s Orders

statecat.pngController John Chiang Refuses to Implement Pending Court Ruling on Legality –

In a move that will have stark implications for the city of Davis if it gets enacted Governor Arnold Schwarzenegger has order Controller John Chiang to pay most state employees a minimum wage – the federal minimum wage – $7.25 an hour.  Controller Chiang has already said that he will not follow that directive unless a court tells him to.

In a letter from the Department of Personnel Administration Director Debbie Endsley, Controller Chiang is told, “Today is July 1,2010, and there is no state budget. Regrettably, we must take the steps outlined in the attached pay letter to adjust wages and salaries during this budget impasse. The six Bargaining Units with tentative agreements are not included because we are seeking and expect the Legislature to approve a continuous appropriation for these six units. We anticipate passage of a continuous appropriation for these bargaining units before the end of the month.”

Judge, Supervisors Take Issue with Term “Slush Fund”

rosenbergThis morning the Woodland Daily Democrat had to backtrack off reports that Judges’ benefit would remain in place for another two years.  The  Democrat reported on Thursday that it is a done deal and that the county will have to continue to pay the benefit for the next two years.  “By not acting before today, the Yolo County Board of Supervisors has committed taxpayers to providing $80,324 in additional benefits to Yolo Superior Court judges over the next two years.”

However, the Vanguard learned just before publication that in fact that report was premature.  The Vanguard received a letter from County Administrator Patrick Blacklock to William Vickrey which would preserve the county’s ability to terminate supplemental judicial benefits by filing just before the 180 period expired.

Judge Rosenberg Fights to Preserve Judicial Slush Fund

rosenbergWhy is Yolo County Paying Judges 40K Per Year in Benefits?

A controversy that has been brewing for some time between the County and Yolo County Judges may be exploding as a deadline approaches as to whether the county, strapped for cash, will have to continue to pay judges, ostensibly under state and not county control over 40 thousand dollars per year in benefits that Supervisor Matt Rexroad has likened to a “slushfund.”

This morning, the Woodland Daily Democrat is reporting that it is a done deal and that the county will have to continue to pay the benefit for the next two years.  “By not acting before today, the Yolo County Board of Supervisors has committed taxpayers to providing $80,324 in additional benefits to Yolo Superior Court judges over the next two years.”

California’s Prison Reduction Plan Will Overburden Counties; Misses the Mark

by the Justice Policy Institute –

The Justice Policy Institute (JPI) released a fact sheet today laying out reasons why the proposed California Community Corrections Act of 2010 is misguided and deeply flawed. The bill would move people serving sentences of less than three years from state prisons to already crowded county jails, shifting the costs to local counties that are already facing budget shortfalls. The grant funding available to counties for this move would not cover the costs of increased incarceration, but may create incentives for counties to incarcerate more people rather than to utilize alternatives to incarceration, like probation, since funding is based on the number of people held for the state.