Month: February 2012

Another Delay in the Release of the Pepper Spray Report

Another Delay in the Release of the Pepper Spray Report

By David GreenwaldFebruary 17, 201213 comments

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In late January, the Vanguard reported on a letter from former Supreme Court Justice Cruz Reynoso sent to UC President Mark Yudof, indicating there will be delays in the original timeline of the report regarding the pepper-spraying incident at Occupy UCD. The delay meant that Justice Reynoso was then “targeting February 21, 2012 for the release of the report of the Task Force.”

The reason for the delay was that the UC Davis police were not cooperating with the investigation, as the former Justice of the California Supreme Court indicated in a letter to President Yudof, saying that although consulting firm Kroll, Inc., has conducted a number of interviews with students and faculty, they have “not had access to subject and non subject officers.”

Guest Commentary: Growing Consensus That California’s Death Penalty Must Be Replaced

Guest Commentary: Growing Consensus That California’s Death Penalty Must Be Replaced

By uptownstudiosFebruary 17, 201211 comments

death-penaltyby Andrew Love

Tani Cantil-Sakauye, after one year as the Chief Justice of the State of California, has concluded that the state’s capital punishment system is “not effective” and requires “structural changes” that the state cannot afford.  Her predecessor, Ron George, who was Chief Justice for 15 years, came to the same conclusion, describing California’s death penalty scheme is “dysfunctional.”

These are two conservative jurists, appointed by Republican Governors, who with their fellow justices on the California Supreme Court have voted to uphold death sentences at an unprecedented rate.  But they have become disillusioned when confronted with a costly, time-consuming, unreliable and unworkable system that serves no useful purpose while draining judicial resources and diverting needed funds from true public safety programs.

Commentary: What DJUSD Has Done For Us

Commentary: What DJUSD Has Done For Us

By David GreenwaldFebruary 16, 201233 comments

schoolThe Business Community: Chamber and DDBA Step Up And Support Quality Education in Our Community

Everyone has their own unique stories.  They have their own lives and priorities.  What I can say on these pages is what DJUSD has done for us in the short time that we have been the “parents” of a special-needs kid.

For most of my time here in Davis, I had no kids in school, though it has always been my goal to have kids.  Last year we went from zero kids to three (twice), in a most unconventional way.  Suddenly we were “parents” of two school-aged kids, one of whom has very serious learning disabilities and emotional problems.

Harris’ Settlement Brings Big Response But Many Questions

Harris’ Settlement Brings Big Response But Many Questions

By David GreenwaldFebruary 16, 20123 comments

oc-woodland-1Occupy Movement Blasts the Deal and Calls For Moratorium on Foreclosure

Kamala Harris last week had a day many politicians dream of: a headline-making announcement that delivers a large amount of money to constituents.  Symbolically, the attorney general’s foreclosure settlement announcement and her role in shaping the out-of-court mortgage-abuse settlement with five huge home loan banks – Wells Fargo, Bank of America, JP Morgan Chase, Citigroup and Ally Financial – marked a huge victory for the little guy in a sea of turmoil and unsettledness.

On the other hand, there are more questions than answers at this point.  As Peter Schrag, the venerable columnist now writing for the California Progress Report noted, “California Attorney General Kamala Harris deserves at least some of the self-congratulation she heaped on herself when the big national mortgage foreclosure deal was announced last week.”

Word To The Wise: And Let The Banking Games Begin

Word To The Wise: And Let The Banking Games Begin

By David GreenwaldFebruary 16, 201221 comments

bankingBy E. Roberts Musser

The Justice Department just announced a $335 billion settlement with Countrywide Financial, now part of Bank of America.  It is the largest fair lending suit ever, and includes allegations that qualified black and Hispanic borrowers were systematically discriminated against.  Supposedly these folks were charged higher fees and interest rates than other borrowers in retail and wholesale lending. This is a practice known as “reverse redlining”.  The higher fees charged were based not on creditworthiness, but on the person’s race or national origin.

These homeowners were steered into much riskier subprime loans (option pay adjustable rate mortgages), even though they qualified for prime loans (fixed rate mortgages).  U.S. Assistant Attorney General Thomas Perez of the Civil Rights Division strongly criticized the practice by saying, “[The banks] understood marketing.  They understood how to build trust… This is discrimination with a smile.”  However, Perez conceded that the settlement was more about the principle than the money, since effected homeowners stand to only receive somewhere between several hundred to several thousand dollars each.  The legal community is particularly critical of the settlement, noting it is an “agreement in principle”, but not in any way a final agreement.  Critics believe the announcement of the settlement was nothing more than acceding to the Administration’s wish to build on its State of the Union PR.  More importantly, the settlement would give up any bargaining leverage the state Attorneys General have over how this deal turns out.

CITY SEEKS NOMINATIONS FOR 2012 THONG HY HUYNH AWARDS

CITY SEEKS NOMINATIONS FOR 2012 THONG HY HUYNH AWARDS

By David GreenwaldFebruary 15, 20121 comments

The city of Davis Human Relations Commission is seeking nominations for this year’s Thong Hy Huynh Memorial Awards. The Commission will honor individuals and organizations that have made significant contributions in addressing or improving civil and human rights issues in the community. The Commission encourages groups and individuals to submit award nominations prior to the deadline of Friday, March 16, 2012 at 4:00 p.m.

The award was established to acknowledge the racially motivated stabbing death of high school student Thong Hy Huynh on the Davis Senior High School campus in 1983. The annual awards recognize achievements in the areas of human and civil rights.

CalPERS May Consider Adjusting their Earnings Forecast Downward

CalPERS May Consider Adjusting their Earnings Forecast Downward

By David GreenwaldFebruary 15, 201230 comments
pension-reform-stockIn a week with no council meetings, the biggest news for the city, other than shake ups in the local city council race, are coming from the California Public Employees’ Retirement System.

Two weeks ago, CalSTRS, the teachers’ pension fund, cut its forecasted earning rate from 7.75 to 7.5.  That reduction marked the second reduction for the California State Teachers’ Retirement System in a year’s time.

Major Protests to Summer Water Rights Resolved by Conaway

Major Protests to Summer Water Rights Resolved by Conaway

By uptownstudiosFebruary 15, 201224 comments

Sacramento-River-stockBy Alan Pryor

Readers following the intricacies of the Woodland-Davis Clean Water Agency’s (WDCWA) Sacramento River water project (the “water project”) know that there was one major regulatory stumbling block to overcome before final regulatory approval is given for the agency to obtain the summer water rights for 10,000 acre feet  of water.

These water rights were granted to the WDCWA through negotiations with Conaway Preservation Group (“Conaway”) as the current holder of the rights. In this case, the transfer of water rights involves “splitting” two existing licenses now held by Conaway which must be approved by the State Water Resources Control Board (“Water Board”).

Will the Supreme Court Hear Prop 8 Challenges and How Will Kennedy Rule if It Does?

Will the Supreme Court Hear Prop 8 Challenges and How Will Kennedy Rule if It Does?

By David GreenwaldFebruary 15, 201213 comments

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When the Ninth Circuit Court of Appeals issued its ruling on Proposition 8, defenders of the ban on gay marriage were quick to point out that the Ninth Circuit has a history of liberal opinions that have been overturned on further appeal and that this simply marks the latest one.

However, the argument that the Ninth Circuit is the most overturned federal appellate court is actually more statistical artifact than premise based on any higher frequency of overturned decisions.  The fact is, the Ninth Circuit court represents more states than other courts and handles a higher case load.  Statistically speaking, the overturn rate is in line with other courts.

Jury Finds Injured Woman Guilty of 12 Counts of Fraud

Jury Finds Injured Woman Guilty of 12 Counts of Fraud

By David GreenwaldFebruary 14, 201267 comments

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Cash for Convictions Motivation Underlies Clearly Insurance-Driven Criminal Investigation

Linda Vela, 58, sits at the table at Denny’s in West Sacramento, her hands badly shaking. Her husband has to spread and cut the butter on her pancakes, but otherwise she is able largely to eat and drink normally, if she is careful with her left hand (she’s right handed).

It has been just four days since a Yolo County Jury found her guilty of twelve felonies – seven counts of Worker’s Compensation Insurance Fraud, three counts of Presenting False Statement Concerning Payment From An Insurance Policy, and two counts of Attempted Perjury, in connection with disability claims made between March of 2005 and February of 2007, following a trial that lasted approximately nine days.

Commentary: And then there were five…

Commentary: And then there were five…

By David GreenwaldFebruary 14, 2012110 comments
Wolk-DanMake no mistake about it, the entry of Lucas Frerichs into the Davis City Council race is a major shakeup.  There is no doubt that Mr. Frerichs is a formidable candidate, and his endorsement sheet was filed with practically the entire Davis School Board and a who’s who of Davis politics for the last two decades.

With three incumbents on the ballot, we may well see the first incumbent in Davis to lose since 2004 when Michael Harrington – yes that Michael Harrington – was unseated by a combination of the strength of Stephen Souza and Don Saylor and the dirty tricks of Steve Gidaro.

Guest Commentary: The WAC Revolution Will Be Televised

Guest Commentary: The WAC Revolution Will Be Televised

By uptownstudiosFebruary 14, 20123 comments

open-governmentWAC Member Recounts the Need For Televised Hearings

by Michael Bartolic

Evolution? Revolution? That’s not mine to judge. But at a meeting last month, the Water Advisory Committee not only moved its timeline up several notches so it could put an achievable, affordable water plan on the November ballot, it also voted unanimously to televise all future committee meetings and workshops.

I can assure you that choosing to put our meetings on TV wasn’t an easy step for me or my fellow committee members. Some, like me, aren’t too sure our voice or visage should be foisted on an unsuspecting public. Others worry that the nascent collegiality and goodwill among all committee members might be lost in the glare of the cameras.

Lucas Frerichs Becomes Fifth Candidate for Davis City Council

Lucas Frerichs Becomes Fifth Candidate for Davis City Council

By David GreenwaldFebruary 13, 201227 comments
Frerichs-Lucas-665Lucas Frerichs, currently the Chair of the City of Davis Planning Commission. has long been active in Davis city and community involvement.  Now he becomes the fifth known candidate for the Davis City Council, as he joins Brett Lee in challenging the three incumbents Sue Greenwald, Stephen Souza and Dan Wolk for three available seats on the city council.

“I have served our community for more than 12 years in volunteer leadership capacities,” said Mr. Frerichs in a Sunday evening press release. “Now is the time for new vision, experience, and direction for the City of Davis. We stand at the threshold of a new era in city-state financing, investment in city infrastructure, sustainable budgeting, environmental planning and community caring. I want to lead us into that era prepared and ahead of the game.”

Briggs Admits Father Was Wrong on Briggs Initiative – Comes Out Against Death Penalty

Briggs Admits Father Was Wrong on Briggs Initiative – Comes Out Against Death Penalty

By David GreenwaldFebruary 13, 201213 comments
san-quentinIn a remarkable editorial in the Los Angeles Times on Sunday, Ron Briggs, the son of Senator John Briggs, admits they were wrong in 1977.  “We believed the Briggs initiative – the death penalty measure we wrote in 1977 – would bring greater justice. We were wrong,” he writes.

“In 1977, my dad, former state Sen. John Briggs, my brother-in-law and I got together to discuss California’s death penalty. We agreed it was ineffective and decided a ballot initiative was needed to expand the number of murder categories eligible for capital punishment,” Mr. Briggs recounts in Sunday Op-Ed.

Measure C Earns Two Major Endorsements As School News Gets Even More Bleak

Measure C Earns Two Major Endorsements As School News Gets Even More Bleak

By David GreenwaldFebruary 12, 201234 comments
schoolMeasure C this weekend has earned two major endorsements.  First, it earned the endorsement from the Davis Chamber of Commerce, demonstrating the continued commitment of the Davis business community to Davis Schools.

Then this morning it earned the endorsement of the Davis Enterprise, which continues its strong track record, at least on the editorial page, of supporting Davis schools.

Sunday Commentary: The Last Large Parcel Standing

Sunday Commentary: The Last Large Parcel Standing

By David GreenwaldFebruary 12, 2012109 comments
Cannery-Park-Land-Plan-Feb-2012This week a prominent supporter of Covell Village told me that he did not see that parcel being built in the next twenty years.  The efforts to mobilize the senior community through the creation of the Astroturf group, Choices for Healthy Aging (CHA), has appeared to have failed.  It would appear that over six years after the public resoundingly defeated Measure X, in a pre-foreclosure era vote, that the prospects for development of that parcel are dead for the foreseeable future.

That turns the focus to the Cannery property, on which the council gave the go-ahead to begin an environmental impact report, which is expected to take a year to complete.

Opponents Emerge to Parcel Tax Ballot – None Address the Ten Million Dollar Question

Opponents Emerge to Parcel Tax Ballot – None Address the Ten Million Dollar Question

By David GreenwaldFebruary 11, 201223 comments
parcel-tax-ballotBallots arrived this week for the March 6 Davis Schools Parcel Tax all-mail special election.  As they did, there were a few more letters to the editor in the local paper in opposition to the parcel tax.

While each of four letters that we evaluate makes their own points, none of them come to reconcile how the district will manage next year with $10 million less in its operating budget, which would represent a cut of about 14% from this year’s budget.  The district is already having to make do with $3.5 million less due to ongoing structural issues, but if you add the $6.5 million that Measures Q and W currently fund, that number jumps to $10 million.

Speaker Looks to Cut College Costs

Speaker Looks to Cut College Costs

By David GreenwaldFebruary 11, 20127 comments

Perez-Speaker-JohnTwo of the major planks of the unrest generated by the Occupy Movement have been foreclosures and rising college costs.  Earlier this week, Attorney General Kamala Harris announced a huge settlement that promises to provide relief to people who have been caught in the mortgage foreclosure crisis.  Just as bold is a plan unveiled on Wednesday by Speaker John Pérez to cut college fees by two-thirds for middle class Californians.

However, the plan would rely on funding from the closure of a tax loophole that benefits out-of-state corporations, something that would require a two-thirds vote and something that Republicans, at least at the outset, seem reluctant to do.

Plastic Bag Ban Triggers Lawsuit And San Francisco Expands Ban on the Distribution of Plastic Bags

Plastic Bag Ban Triggers Lawsuit And San Francisco Expands Ban on the Distribution of Plastic Bags

By David GreenwaldFebruary 11, 201244 comments

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We often think politics are contentious here. It is not that they are not contentious, but sometimes we lose perspective that Davis and Yolo County are not nearly as unique as we think they are.

Opponents of the plastic bag ban have treated this as though it were a novel idea perpetrated in weird Davis when in fact, if anything, Davis is behind a trend that will ultimately see the elimination of the use of plastic bags – it is really only a matter of time.

New City Position Shows the Upside and Downside of Reorganization

New City Position Shows the Upside and Downside of Reorganization

By David GreenwaldFebruary 10, 201223 comments

city-hallGeneral Manager of Utilities, Development and Operations Position Comes with a Significant Bump in Salary

When the Public Works Director position came open about a year ago, the City of Davis did an internal search process and used in-house staff to advertise the position.

It was a basic position whose job description was: “To plan, direct, organize, coordinate, supervise and review the activities of the divisions comprising the Public Works Department; and to provide highly responsible professional and technical staff assistance to the City Manager.”