Month: August 2011

Big Issues Dominate City Priorities List – Part One

WLIGA-Mtg-1.jpgFrom Economic Hardship to Fire Staffing Reductions –

We often take this month-long break from city council meetings to re-focus on the priorities facing the city.  We are now halfway through the month of August, but still three weeks remain until the next city council meeting.

The good news is that the Davis City Council got rid of the single biggest issue facing them prior to the break when they hired Steve Pinkerton as the new city manager.  Little could be done until the council hired the new city manager.  As imperfect as the contract is, we are hopeful that this was a good hire.

After Three Years, Death Penalty Case Finally Begins

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On August 1, the Yolo Judicial Watch Editorial Board wrote, “A recent study, by Ninth Circuit Court of Appeals Judge Arthur Alarcon and Loyola Law School Professor Paula Mitchell, of correctional records reveals the stunning toll that legal proceedings take on the financial resources of our state.  In the face of the staggering cost of capital punishment, California can no longer afford the legal proceedings required, by law, to put a person to death.”

Two weeks later, a case that embodies the costs involved in a death penalty case began in Yolo County as Marco Topete is on trial for the 2008 shooting of Yolo County Sheriff’s Deputy Tony Diaz.

Sunday Commentary: LET THEM EAT CAKE

Nothing Like the Smell of Rank Hypocrisy in the Morning –

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As we all know, the state budget that was passed at the end of June has forced the UC Board of Regents to enact more student fee hikes.  Those who believe that the legislature passed the budget with no taxes need to rethink the definition of taxation, because what happened and has happened is a huge education tax placed squarely on the backs of middle-class parents of college students, along with the college students themselves.

As UC President Mark Yudof writes in a recent letter to parents and students on that very subject of tuition increases, “In addition to an outright reduction of $650 million, the budget failed to provide funding for an additional $350 million in mandatory cost increases over which the university has no control, thus creating a total shortfall in state funds of $1 billion. Adjusted for inflation and enrollment growth, UC now receives nearly 60 percent less funding per student from the state than it did in 1990.”

Sentencing Reform Isn’t Just For Bleeding Heart Liberals Anymore

prison-reformOn Friday a reader commenting on the Judicial Watch article about a man convicted of first degree murder of his wife wrote, “The guy is guilty of first degree murder for the public murder of his wife and you are complaining about the 5 digit cost of his trial! Have you totally lost it? When the cost of trying capital cases is more important then [sic] justice we have completely lost our bearings as a society.”

As if to answer that question, on Saturday, the New York Times published an article that shows a reversal in the trend of “tough on crime” polices, even in conservative states.

Commentary: Which Way is the Glass Filled? Evaluating Council at One Year

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I have been thinking about how to characterize the latest council, as they are now a year into at least Joe Krovoza and Rochelle Swanson’s portion of the regime.  If you look at things on an issue-by-issue basis, you realize that things are not going quite as well as you might have hoped.

I will get into that shortly.  But the biggest change has been tone.  I came onto the scene, I suppose as a lot of people do, because there was an issue that I was passionate about that I disagreed with council on.

78-Year-Old Woman Convicted of Gross Vehicular Manslaughter

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A Yolo County jury convicted 78-year-old Donna McClure of West Sacramento of vehicular manslaughter with gross negligence. Ms. McClure had driven her vehicle without a valid license and had failed to yield to a pedestrian in the parking lot of a West Sacramento Raley’s store on October 1, 2009.

As reported in a press release from the DA, Deputy District Attorney Ryan Couzens argued that Ms. McClure committed gross negligence because she had been repeatedly warned by her doctor and by the Department of Motor Vehicles that she could not safely drive, due to lapses in consciousness, judgment and attention caused by chronic alcoholism.

Questioning City Staff’s Commitment to Fifth Street Redesign

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Back in March, the Vanguard asked whether the city was “Slow-Playing the Fifth Street Redesign.”  Since then, the amount of notable progress on the subject is rather invisible.

The Vanguard learned that KD Anderson and Associates has been commissioned as transportation engineers.  How much has occurred?  Hard to say, though it does mention on their website, “Our firm has been involved in the development of General Plan documents for many northern California communities. Representative projects include the Circulation Elements of the Grass Valley, Los Banos, Hanford, Chowchilla, Corcoran, Davis, Orland and Yuba County GPU/DEIR’s.”

City of Costa Mesa Posts Salary Data on Website, Illustrates Shortcomings in Davis Transparency

TransparencyAt several different points of time, the City of Davis has talked about becoming more transparent in its dealings.  The city has always complied fully with requests for information about employee salaries.

However, the city has never taken steps to make this information available to everyone, at the click of a button.  Given the magnitude of the changes being proposed by the city and the depth of the economic crisis, it would behoove the city to be as transparent as possible about releasing critical information, such as payroll data that is fully available and protected under the California Public Records Act.

Man Convicted of First Degree Murder of His Wife

Yolo-Count-Court-Room-600Deputy DA Sanctioned For Asking Improper Questions –

It was as straightforward a murder case as you will find.  There were just two days of evidence in which three witnesses came forward to say that Ignacio Mendoza walked up to his wife in an orchard outside of Zamora and shot and killed her.  The closing statements actually took less time in their entirety than the jury instructions.

By the end of the third day, the jury had announced that they had convicted Mr. Mendoza of the first-degree murder of his wife, as well as discharging a firearm causing great bodily injury, and attempted kidnapping.

Business As Usual Continues Despite Warning Signs

pinkerton-steveIf you believed that the Great Recession and the lessons of Bell and Vallejo would force wiser heads to prevail, then you like me were apparently fooled into complacence.  Earlier this week, we reported on the hiring of the new city manager in Sacramento, a city that has cut law enforcement and other services, and yet somehow manages to justify giving the new city manager a huge raise over the previous one.

The contract comes on the heels of Davis giving their new city manager a bump in salary, leading to our criticism that, as shocking as the Sacramento City Manager salary and raise are, it is really not that much higher than ours, especially when you consider the population difference and the revenue difference in the communities.

Prop 218 Process A Flawed Democratic Process

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A normal democratic process goes something like this, every registered voter has the right to vote.  Those who choose to return a ballot, either by mail or at the polls, have their preferences tallied.  Everyone 18 years of age, who is not currently incarcerated for a felony or on probation, has the right to vote.  The person or issue position with the most votes cast by the voters wins.

On the surface, Proposition 218 sounds like a tool for expanding democratic rights.  In fact, it passed in 1996 as the “Right to Vote on Taxes Act.”

News Goes From Bad To Worse: Schools Face More Cuts With Sluggish Economic Recovery

sacramento-state-capitolWill Water Policies Further Imperil Funding to Local Schools?

An already bad month is about to get worse, and we are only a third of the way through August.  It seemed like, just a few months ago, a rebounding economy was triggering less deep cuts to education and other state programs.

Now, as the July numbers come out, showing dropping revenue, fears on Tuesday were raised that deeper cuts to education would be needed.

Woman Convicted in Davis Hit and Run Accident; Jury Hangs on Father’s Role

Yolo-Count-Court-Room-600A Yolo County jury convicted 27-year-old Noelle Warren for her role in a 2007 accident which seriously injured Jonathan Pinkerton.  She was convicted of felony hit and run, causing serious permanent injury.   The jury hung on the verdict for her father, 52 years old, for being an accessory to a felony for his alleged role in attempting to conceal the crime.

The jury voted 10-2 for acquittal for Lorin Warren, and the DA will decide on August 16 whether to retry the case for Mr. Warren, at the same time Judge Fall will set the date for Ms. Warren’s sentencing.

Despite the Outrage, Sac’s City Manager’s Contract Only Slightly Higher Than Davis’

tajmahalSacramento City Manager Contract Shows Us Business As Usual Continues –

The numbers were stunning.  And they come as a stark reminder that business as usual is not over, that the arms race top to bottom has not been thwarted by the economic downturn nearly as much as we would like to believe.  That even as Wall Street and, indeed, Washington sway under the pressure of a potential new downturn, the message has not been reached on Main Street any more than it has on Wall Street.

We can perhaps excuse or even forgive the Davis City Council giving Steve Pinkerton $188,000 in salary.  After all, the City of Davis was near the near bottom in city manager compensation.

All-Mail Ballot Local Elections Coming to Yolo County

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Critics Complain About Possibility of Voter Fraud, But Studies Show Few Instances of Confirmed Voter Fraud in Absentee Voting –

In May, the Davis School District held an all-mail election for the parcel tax.  For all of the acrimony generated mainly by one columnist for a local paper, the election came off without a hitch, as it has in numerous other communities and, indeed, in entire states.

By holding an all-mail election, the election generated a somewhat higher turnout than similar off-year elections in past years.  The November 2007 elections that featured school board candidates and the Measure Q parcel tax had just a 32.8 percent turnout, and in 2009 Measure P had a 33 percent turnout. For the May 2011 Measure A vote, the turnout was 38%.

YJW Analysis: Marijuana Gang Case and Gang Laws

gang-stock-picby Alex Clark 
Special to the Vanguard –

On July 30th, the Vanguard reported on a case that originated out of Davis.  On May 5th, 2010 law enforcement officers executed a search warrant at a home located on the 1500 block of Cypress Lane in Davis. The search produced multiple bags of marijuana, scales and US currency. Consequently, one resident, a minor, was arrested.

In the course of their duties, law enforcement intercepted a text message sent to the minor from “Chico,” a moniker law enforcement recognized as being associated with an individual by the name of Israel Covarrubias. Mr. Covarrubias, a defendant in the aforementioned case, had allegedly offered marijuana for sale. Law enforcement, unbeknownst to Mr Covarrubias, arranged a meeting between himself and the minor in which the former would sell one ounce of marijuana.  Mr. Covarrubias is alleged to have agreed to meet the minor for this purpose.

More Analysis Shows Decreased Influence of Republicans and Increased Influence of Minorities in New Districts

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There has been a lot of talk about the new California districts; the consensus is that while there may be a limited case to be made for racial disparity and the disadvantaging of minority voters, California is likely stuck with what it has created.

That is because, short of a court decision to call the citizen redistricting commission unconstitutional – which appears very unlikely – the voters are probably not going to willingly vote to turn the power back to politicians to draw district lines.

Vanguard Court Watch Analysis: Yolo County with a Disproportionate Rate of Imprisonment

prison-reformVanguard Court Watch has analyzed newly available data on the number of prison inmates by county, and determined that Yolo County has a disproportionately high number of prison inmates compared to its size and crime rate.

According to the data, there are 3.95 persons in prison from Yolo County per 1000 people ages 18 to 64.  While Yolo County ranks 20th (out of 30) in crime rate among counties with over 100,000 population (ages 18 to 64), it ranks 4th in the prison rate.

Sunday Commentary: Pay Increase to City Manager Makes Delicate Situation More Difficult

pinkerton-steveOne thing that becomes clear this week – a surprisingly tumultuous week given that it was the first week of August and council has now begun their month-long vacation – is that anyone who believes that things are going to get better needs to take some time to re-assess.

The economy, which has barely been above the recession level for a year now, could be about to turn into the negative range again, giving us a second recession.  With cuts to federal spending, and a still-moribund tax revenue at the state level, things are not going to get better any time soon.

Elk Grove Officer Shooting Case Illustrates Need for Independent Police Oversight

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In mid-July, the Sacramento County District Attorney’s office announced it would shut down the unit in Sacramento that had independently monitored police shootings to determine whether the officers’ actions were justified and whether the investigations into them were conducted thoroughly.

It sounds like an important unit on the surface, but the office’s investigations have not resulted in a single criminal prosecution for at least a decade.