Month: February 2012

Is the Palmdale Decision A Game Changer For Davis Water Issues?

Dove-Doug

The Answer Depends On Whom You Talk To

On August 9, 2011, the Second District Appellate Court of California struck down the water rates for the City of Palmdale, located in Los Angeles County, ruling: “After conducting an independent review of the record (Silicon Valley Taxpayers’ Assn., Inc. v. Santa Clara County Open Space Authority (2008) 44 Cal.4th 431, 448), we conclude PWD failed to satisfy its burden to establish that its new water rate structure complies with the mandates of Proposition 218 (as set forth in article XIII D of the California Constitution (article XIII D)), including the proportionality requirement which specifies that no fee or charge imposed upon any person or parcel as an incident of property ownership shall exceed the proportional cost of the service attributable to the parcel. Accordingly, we reverse the judgment.”

The question that has emerged in recent weeks is what that decision will mean for Davis.  There are really two questions embedded within this.  One is a prospective question in that Davis, like all other cities, will have to take this decision into account when it conducts its rate study and ultimately sets its water rates, should the surface water project go forward.

End of the Line for Yolo Judicial Watch

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It was a rude awakening on the morning of December 7, 2011.  A letter arrived from a law firm, Webster, Chamberlain and Bean, based on Pennsylvania Avenue in the Northwest portion of Washington, DC, announcing that they represent, “Judicial Watch, Inc., a national non-profit foundation founded in 1994 that promotes transparency, accountability and integrity in government, politics and the law.”

The letter would go on to spout platitudes that “Judicial Watch seeks to ensure high ethical standards in the judiciary through monitoring activities and the use of the judicial ethics process to hold judges to account.”

Commentary:Economic Development – The Next Frontier in Davis Politics?

Downtown_Davis1_2008When Kemble Pope sent me his comments from last Tuesday’s council meeting, which began with an economic summit, I figured his comments would be controversial. What I did not guess was that his comments would trigger a lengthy discussion of Davis economic development policies.

In the coming election, it is a foregone conclusion that issues like water, the budget and the environment will be front and center.  Development is omnipresent, though somewhat diminished, since the days of Measure J votes and dwindling non-Measure J land parcels.  But perhaps a sleeper issue is economic development.

Occupiers Clash With White Supremacists At Capitol

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According to a variety of news accounts, a clash ensued yesterday between members of the Occupy Oakland movement, who journeyed to the state Capitol to counter a rally by a group called the South African Project, and that group, which claims to be in existence to stop the murder, torture and genocide of the white South Africans.

According to the Associated Press, the clash erupted on Monday afternoon, as the California Highway Patrol and Sacramento police were escorting 35 members of the South African group, who had a permit to demonstrate, following their rally outside the Capitol.

Legislation Would Revise Penalty for Simple Drug Possession

illegal-drugsSenator Mark Leno last  week introduced legislation that would revise the penalty for simple drug possession under the state law, from a felony to a misdemeanor.  It is legislation that follows the lead of 13 other states, as well as the federal government.

The new legislation, according to a release from Senator Leno’s office, SB 1506, does not apply to anyone involved in selling, manufacturing or possessing drugs for sale. The bill would help alleviate overcrowding in state prisons and county jails, ease pressure on California’s court system and result in millions of dollars in annual savings for both state and local governments.

What is the Obligation to Clarify the Public Record and Ensure that Lies Are Corrected?

schoolJose Granda has been given no less than two editorials and three or four letters to the editor in the newspaper to continue the same inaccurate information that he has espoused for two months and that prompted a Yolo County Superior Court Judge to have to strike portions of a ballot statement.

We sympathize with the local newspaper – after all they are trying to provide balanced coverage of a ballot measure whose support is imbalanced and whose opposition is led by two individuals who have for some odd reason decided that their best approach is not to attack the measure but rather to attack the electoral process, and to do so based on inaccurate representations of that process.

Guest Commentary: Recommitting Ourselves to the Environment

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by Dan Wolk

Davis boasts a long and celebrated history of environmental achievements. Our city is a bikeable, tree-lined oasis, filled with innovative housing and food cooperatives, and surrounded by protected open space and farmland, and a restored Putah Creek. However much these are now a settled part of our community, but every one of these achievements started with a pioneer who saw something others did not, or as a radical experiment of forward thinkers.

We need such forward thinking today. Over the next few decades, our economic, social and environmental resilience will be challenged by the all-reaching effects of climate change. We can look forward to increased competition for energy and water, environmental and economic challenges to our open farmland, and a future for waste where simply expanding a landfill is not the answer. We have made a good start with our Climate Action and Adaption Plan, which will see us carbon-neutral by 2050, but our true task is much greater than this.

Analysis: False Confessions Do Happen

interrogatorIt is a trial that, in strange ways, still haunts me.  Bennie Moses sentenced to 830 years for the crime of the repeated rape of his daughter over a period of years.

There were enough reasons to believe he did it – there was DNA evidence of his daughter and his own semen found inside the fly of his shorts, there was her testimony, and then there was his own confession.

Critical Comments by Davis Chamber Executive Director Toward City’s Economic Development Efforts

innovation-hubPerhaps the underreported comments of the week were made this past Tuesday during the city’s economic summit, in which leaders from the business community met with the Davis City Council at a public meeting to discuss the future of the city’s economic development, particularly in light of the loss of Redevelopment Agency funding.

One comment from the new executive director of the Davis Chamber of Commerce, Kemble Pope, drew attention from a number of people – some of whom thought that the comments were inappropriate for the Chamber representative to be making and others thinking they were comments long past due.

Sunday Commentary: Lawyers, Lawsuits, and Public Cynicism

Merin-YJW-AwardFrankly, I was unprepared for the level of cynicism engendered by the lawsuit filed by the ACLU and two other civil rights attorneys, on behalf of the pepper-sprayed protesters at UC Davis.

It is one thing to argue that the police acted appropriately, and therefore you think the lawsuit is unjustified.  It is another to imply that the attorneys were doing this because they would be making big money.

Guest Commentary: Water Process Interest Groups – Those Who Are Either Opposed or Concerned

floating-20by Matt Williams –

At Thursday’s Water Advisory Committee (WAC) meeting, in response to Mayor Joe Krovoza’s public comment, Michael Bartolic took the time to clearly state that he feels his responsibility as a member of the WAC is more to the citizens of Davis than it is to the members of City Council.  If I heard Michael correctly, his reasons for that position are that in many ways over the past few months many of the citizens of Davis have voiced their concern and/or outright opposition to the Surface Water Plan put forward by the Joint Powers Authority (JPA).

In this latest installment of my series of articles about water/wastewater, lets take a moment to drill down into the point Michael is making, and list and categorize the key interest groups that have expressed their opposition to or concern about the current Plan.

Guest Commentary: WAC Will Serve Davis Well

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by Matt Williams

On Monday here in the Vanguard we took a look back at the 2007-2008 Housing Element Steering Committee (HESC) process, in order to see how well the Assessment Factors that the HESC adopted in April 2007 have held up in the five years since their adoption.  In that article we asked the following questions:

  • Now that five years have passed, how well do you think the HESC’s set of factors for evaluating potential sites for housing has held up?
  • Would you add any factors to, or deemphasize any specific factors on, the HESC’s list?

Commentary: Republicans and Democrats in California Take Turns Killing Themselves

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It has been a fascinating week in California politics.  We have a field poll release giving us interesting information about the state’s political landscape, and news at the end of the week suggesting Republicans are in denial while the Democrats are likely to eat themselves… again.

The Republicans scored political victory of sorts today when their referendum to overturn the newly re-drawn Senate districts qualified for the ballot on Friday.

Jury Acquits Man of Vehicular Manslaughter in Death of Friend

Yolo-Count-Court-Room-600A Yolo County Jury found Steve Sargent not guilty of gross vehicular manslaughter for his role in a fatal accident that killed his passenger.  The jury would deadlock on a lesser included charge of vehicular manslaughter, 8-4 in favor of acquittal, and 7-5 also for acquittal on a charge of failure to stop.

There will be an additional hearing on March 20 to determine if the district attorney wishes to retry the case.

Update on the Water Advisory Committee: Brief Discussion the Palmdale Decision

water-rate-iconBy Matt Williams –

If the animation team Warner Brothers or Disney were using last night’s WAC meeting as creative fuel for a short cartoon I imagine that their cartoon would have the appearance of the preparations for a Drag Race.  Lots of wheel spinning.  Lots of smoking tires.  Short forays forward followed by backing up to the starting line.  All with the anticipation of a fast and furious race once the starting lights actually flash green.

The meeting started out with Chair Elaine Musser reading into the record a statement about “recent OpEds that have appeared in the Enterprise and the Vanguard.  She hadn’t finished reading the statement when more than one of the WAC members raised their hands and questioned why this item, which was not on the agenda was being read.  After a short explanation of the statement’s purpose, the WAC members agreed that the content of the statement should be placed on the agenda of a future meeting.

Greetings from the 2012 Whole Earth Festival Entertainment Directors!

by Nikhil Joshi & Jenn Hill
Entertainment Directors
Whole Earth Festival 2012

We are looking for ecstatic, amazing bands to play at WEF 2012!  A diversity of music is one of our goals so help us achieve that! Our festival is a humble, yet fabulous place to play.  WEF is self-sufficient and does not charge admission. Our entertainment budget is modest, but we do compensate our performers. Our festival does not condone racist, misogynist, sexist, homophobic, or excessively profane music of any kind.  If you feel your band would fit well at WEF, please apply!

No on Measure C Placing Their Signs in the Wrong Spots and Other Reports on the Campaign

chalkboardThe Election is rapidly approaching for Measure C, the extension of the district’s current parcel tax for another five years.  We have received some reports from around the community about illegally-placed signage.

It appears that the No on C people have an inadequate understanding of the laws on permissible sign usage.  They posted a complaint on the Davis Enterprise comment section that “No on C signs are being stolen all over town. Is this the way C supporters are supposed to act?”

City of Davis Expands Safety Enhancement Zone Into Old North Davis

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In an effort to prevent a repeat of Picnic Day 2010’s problems, the City of Davis created a Safety Enhancement Zone which basically doubled the fines and penalties for a variety of acts of public nuisance on Picnic Day 2011.  In addition, the city brought in a huge amount of out-of-town police to beef up patrols.

Despite a notable tragic event, the number of major incidents during Picnic Day last year was lower.  However, the heavy enforcement and safety enhancement concept have been a source of concern by residents in Old North Davis, who live just north of 5th Street and just above the safety enhancement zone.

Current Gang Laws Enable Yolo Prosecutor to Utilize Otherwise Inadmissible Evidence

gang-stock-picA frequent criticism of the current state of California gang laws is that they permit prosecutors to enter in damaging and prejudicial evidence that generally would not be admissible, under California’s Evidence Code section 352.

That is the critical provision that allows the court, at its discretion, to “exclude evidence if its probative value is substantially outweighed by the probability that its admission will… substantial danger of undue prejudice…”