Month: September 2011

Initial Study of Fifth Street Redesign Shows No Major Impacts

5th_St_mainBut Timetable Pushes Start Date Back to Summer 2013 at the Earliest –

This week the planning commission will hear a presentation of the Initial Study to document the environmental impacts of the Fifth Street redesign project as requested by the California Environmental Quality Act.

The redesign seeks to improve safety through the fifth street corridor, both by adding complete street road features such as bicycle lanes, medians, turn pockets and safer pedestrian crossings, as well as improving traffic flow through a reduction in lanes from four to two, which will slow down traffic but also allow it to flow more smoothly.

Court Overturns Death Sentence, Ruling Prosecutors Knew Witness Was Lying

death-penalty

NY Times Editorial Slams GOP and Governor Perry on the Death Penalty –

Last week the Ninth US Circuit Court of Appeals overturned the death sentence of an Idaho man convicted of killing a coworker in 1981 at a gas station near Boise, Idaho.  The victim was repeatedly shot and stabbed.

Lacey Mark Sivak, for whom the court found no doubt that he was guilty of the crime, will either be re-sentenced to prison or given a new penalty trial.

Cool Davis Weekend Extravaganza

Cool-DavisThe weekend of October 13-16 offers a progression of four irresistible Cool Davis events.

2011 Wild and Scenic Environmental Film Festival: On Thursday, October 13, the Cool Davis Initiative with co-sponsors Sierra Club and Tuleyome presents award-winning films at the Richard Brunelle Theater at the Davis High School.  Doors open at 6:30 p.m. with the films beginning at 7 p.m.  Attendees should bring their own cups, snack bowls, and cloth napkins.  Tickets are $10 at http://2011daviswildandscenicfilmfestival.eventbrite.com and at the door (if still available).

Will Davis Voters Put a Water Rate Referendum on the Ballot?

water-rate-icon

The Vanguard has made its position on the water rate hike very clear over the past few years, including in the last month.  However, as a 501c(3), the Vanguard cannot advocate for or against any electoral matter.  Therefore, the Vanguard can only report on facts – what is happening, what will happen, and also we can examine claims made by either side, so long as we are not encouraging or advocating anyone to vote a particular way.

As we reported this weekend, the Vanguard is disappointed a compromise proposed by Dan Wolk could not be agreed to.  His proposal would have set a one-time 10% water rate increase for this year, while allowing time to explore various options and approaches.

YJW Analysis: For “Not a Close Case,” People Seem Oddly Panicked in Topete

Topete-Defense.jpgIn arguing for the admissibility of Deputy Tony Diaz’ photo when he was alive, the people, led by Deputy DA Garrett Hamilton and DA Jeff Reisig, characterized this case as “not a close case” in their view.  The defense took exception to that.

The implication was that, for the people, they did not view this as a difficult case to establish that Marco Topete shot and killed Deputy Tony Diaz.  Nothing has really happened in the first three weeks of trial to change anyone’s view of that.

Sunday Commentary: Ten Years After 9/11 – Analyzing the Toll On Freedom and Civil Society

 

Legacy-911

My typical 9/11 column has focused not simply on the horrific attack on innocent Americans, but also on the US response to those attacks.  I usually recount the horror I felt, now ten years ago, watching those towers come down, the fear I felt as I attempted to go about my day as though business were usual, and the despair I felt knowing that business would never be usual again.

If you had told me on that day that we would still be in Afghanistan and Iraq, in various stages of war, that the US would have drastically and perhaps permanently curtailed civil liberties, I am not sure how I would have reacted.  Like many in this country, I reacted first with fear but then with concern more for US policies than for the dangers of another attack.

Scheduling and Avoiding Late Meetings: What City Council Still Does Not Get

council-appointment-filled

The current city council is a marked improvement over the previous city council in a number of ways – both from a policy and a non-policy perspective.  However, one of the most glaring errors that they continue to make is regarding scheduling.

Once again, the council puts a major issue – this time water rates – behind other issues on the calendar.  I am certain the council was expecting that those items would go quickly – but they need to learn you cannot guarantee it.

Commentary: The Lost Chance for Compromise

water-rate-iconThe Vanguard is disappointed that both Mayor Joe Krovoza and Councilmember Sue Greenwald left a one-year compromise on the water deal on the table Tuesday night (see Wednesday morning’s article).

Councilmember Dan Wolk, with backing from Mayor Pro Tem Rochelle Swanson, would have set a one-time 10% water rate increase for this year, while allowing time to explore various options and approaches, including one strongly favored by Sue Greenwald involving a variance that would allow for regulatory relief.

DA Refuses to Hand Over Video of Confession After Judge Rules Against Them

Topete-Defense

Earlier this week, the prosecution in the Topete trial attempted to introduce DNA evidence that they had collected after the trial had begun, destroyed and failed to discover to the defense.  Judge Richardson, questioning the fairness of the prosecutor, ultimately excluded the evidence from court – evidence that seemed ambiguous at best.

The DA seems to be scrambling a bit this week from what it called a change in strategy by the defense, including the introduction of mental health witnesses.  In a motion, they claim to be “prejudiced and surprised to learn” on August 4, 2011, after the trial had begun, “that the Defense had changed its previous representations regarding guilt phase witnesses.”

Concerns Grow About the Budget Deadline and Lack of Urgency by City Staff

Joe-Krovoza

Back in June, the Davis City Council by a narrow 3-2 vote passed its budget, which reflects 2.5 million dollars in personnel cuts to be due by September 30.

It is now well into September, and at the September 6 city council meeting it was announced that the first budget discussion would come on September 27, just days before the deadline.

Governor Perry’s Constituents Not Interested in Executions of Innocent People

Gov-Perry.jpgTwo weeks ago we ran the story on Texas Governor Rick Perry’s cover up, that he may have executed an innocent man when he refused even to grant a stay of execution for Cameron Todd Willingham.

Our chief concern was not just that he may have executed an innocent person, but that for political purposes he may have tampered with the membership of the Texas Forensic Science Commission to avoid scrutiny and a judgment.

Vanguard Analysis and Commentary: Water Project Still an Expensive Gamble

water-rate-icon

There are so many different moving parts on the water discussion, that it is likely to be impossible to capture them all.  I will start this discussion on a positive note. In years past there would be a sense of bitterness in a vote like this. However, on this council, I can honestly say that there are five people who, agree or disagree, did what they thought was in the best interest of the people of Davis.

Along those lines, the costs here are going to be tremendous.  We will evaluate just how tremendous shortly, but this is not a cheap project.  There are strong cases to be made that we needed to go ahead.  As I argued earlier this week, after looking at all of the arguments, I am just not convinced that we had to go about this now, especially in an economy such as ours.

Documents Show Possible Dollar Tree Emergence at West Lake Undermining Prospects For New Buyer of Grocery Store

WLIGA-Mtg-1

As has already been reported, Westlake Market is operating in the red and the current owners, the DeLanos, are looking to sell.  What has not been widely reported is that the landlord is making a deal with the Dollar Tree to come into the adjacent store space that has been vacant during the nearly two years of operation for Westlake Market

In a communication to Community Development Administrator Katherine Hess, that the Vanguard acquired as part of a Public Records Act release, Eric Nelson of the community group DANG (Davis Advocates for Neighborhood Groceries) on July 21 said, “I have found a very qualified operator to take over the grocery and he submitted a letter of intent to the DeLanos and they have accepted.”

Mayor Krovoza Guests on Vanguard Radio Today at 5 pm

Joe-KrovozaAfter a nearly two-year hiatus, Vanguard Radio will re-launch this evening at 5 pm on KDRT 95.7 FM.

Mayor Joe Krovoza will be the first guest on the newly-revised show.  We will obviously be talking about the water issue, but also the budget and other issues.

This is Democracy? Council Raises Water Rates At Nearly 3:30 in the Morning

water-rate-icon

It was 3:20 in the morning when council slogged through a mass of compromise motions, but the basic effect was a doubling of the water rates.  In the end, 4855 filed Prop 218 protests, with 185 of those not being fully validated.

We should have known this was coming.  Despite numerous complaints about the prioritization of time by the council, 50 to 75 people waited around for nearly an hour as council debated whether to increase a single house from five to six rooms.

Judge Richardson Questions DA’s Fairness in Topete Trial

Topete-Defense

Last week, District Attorney Jeff Reisig and Deputy DA Garrett Hamilton revealed that they have DNA evidence that purportedly ties defendant Marco Topete to the murder weapon.

However, Judge Richardson, in a rare display of fairness and fortitude, questioned the prosecution’s tactics of revealing the evidence so late in the process – particularly since the case has dragged on for three years.

Vanguard Commentary: Wrong Time For Rate Hikes

water-rate-ad

I have been against this project from the start due to two primary considerations – the expense of the project and the lack of clear need.

By the end of the night, no doubt the city council, likely with four votes, will approve an ordinance that will raise the rates of water.  And while those rates are scaled down from the tripling of the water rates that were advertised in the Proposition 218 vote, they are still substantial.

Davis Bicycles! Corrects the Record on the Parking Garage

parking-garage-dtby the Davis Bicycles! Board of Directors

There have been a number of comments on the Vanguard of late pertaining to Davis Bicycles!’s putative opposition to the parking garage that are either unreasonable assumptions or mis-characterizations of our position. First of all, opposition to the structure is not an officially adopted DB! position, although some of our members and Board, in addition to other members of the public and even the DDBA, are asking hard questions.  We have tried to stay on message politely repeating several points:

  1. We believe in promoting low-carbon access.
  2. We believe that much of the “parking problem” in downtown is a management problem, not a shortage of spaces. Specifically we see no effective program to get employees out of curbside spaces.
  3. We do not believe that the need for the parking part of this project has been established.
  4. We firmly believe that the decision whether or not to build it must be based on science and data and must be rational, not “faith based.”

 

Central Figure in Original Gang Injunction Arrested For Murder in West Sacramento

Wolfington-MugIt was an ordinary communication sent out on September 3, 2011, by the West Sacramento Police Department depicting a murder that had occurred the evening before.

According to the press release, on Friday, at approximately 6:53 pm officers were dispatched to the Town House Motel located at the 900 block of West Capitol Ave for a possible stabbing. Officers arrived on scene and found the victim, a 29-year-old black male out of Sacramento, lying in the parking lot with multiple stab wounds to his upper body. The victim was transported to the hospital and later died from his injuries.