Month: February 2012

What Is the Purpose of the WAC?

water-rate-iconBy Matt Williams

The first question about meeting number 4 of the Water Advisory Committee has to be, “What were the Neilsen Ratings?”  Thanks to the key decision from the last WAC meeting. There actually was a broadcast to watch.

Did you watch?  If you didn’t, will you use the City of Davis website to watch the archived video of the meeting?  Hopefully, the answer to at least one of those two questions is “Yes.”  If you do watch, the following Agenda (available at http://cityofdavis.org/meetings/water-advisory/Water_Advisory_Committee_Agenda_02-09-12.pdf) will be useful:

18 Billion Dollar Settlement For California’s Struggling Homeowners

Yolo County Will Get 74.6 Million Under the Terms of the Agreement

Harris-Kamala-Mortgage-Settlement

It was a landmark decision that will see California homeowners receive compensation for the mortgage meltdown.  Attorney General Kamala Harris had rejected an earlier agreement that would have given inadequate relief to homeowners.

California’s Attorney General announced on Thursday what she called “an historic commitment to California of up to 18 billion dollars that will benefit hundreds of thousands of homeowners in the state hardest hit by the mortgage crisis.”

City Not on Track to Realize Full Savings on Employee Compensation in 2011-12

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Back in June of 2011, the City Council by a 3-2 vote took what looked to be the bold first steps on the road to fiscal sustainability for the city by taking 2.5 million dollars that were going to employee compensation and transferring it to pay for unfunded liabilities and unmet infrastructure.

The direction back in June was for then-acting City Manager Paul Navazio to return to council in September with proposed ways to cut $2.5 million from the budget to go to bolster road maintenance, Public Employees’ Retirement System and Other Post-Employment Benefits.  But “long is the way and hard that out of hell leads up to light.”  The path to salvation has been anything but straightforward.  It has been complicated by the hiring of a new city manager.

Commentary: City Wearing Too Many Hats to Be Objective in DACHA Mess

housingI have avoided really weighing into the situation involving DACHA.  I have stated on numerous occasions that I lack a dog in this fight.  The matter is complex, I do not believe I know all of the facts, and so it is difficult to come to a meaningful conclusion.

That said, this is a troubling matter for me in a lot of ways.  There have been insinuations made that the residents of DACHA were greedy and attempted to cajole, from the city, ownership of cooperatively and publicly owned housing units.

Join Us This Evening at Lamppost Pizza

Winter-Fundraiser.pngThe Vanguard provides the community of Davis and the County of Yolo with news and commentary, in addition to a place where local residents can discuss the issues of the day.

We have traditionally done so on a shoestring budget, but as the Vanguard has grown in the last couple of years, so too have its obligations.

Council Votes to Send Dissolution of DACHA To Attorney General

Thompson-DACHAIt was not as clean a process as some of the members of the Davis City Council would have liked, but in the end, by a 4-1 with Mayor Joe Krovoza opposing simply because the motion was too muddied by nuance, the council voted to send the dissolution of DACHA to the Attorney General to act upon, pursuant to state law for the dissolution of nonprofit public benefit corporations.

The Council voted first to approve staff recommendations 2 and 3, which were to adopt the resolution which approved the dissolution of DACHA, as required under California Civil Code Section 817.2 (“Section 817.2”) and making the findings required by Section 817.2, and further to direct “staff to forward all of the information and written testimony from this hearing to the Office of the Attorney General for the Attorney General to consider as part of her ruling on the dissolution, in accordance with Section 817.2.”

Commentary: Reflections on Topete and the Culture of Death

Topete-DefenseI made a conscious decision to go to the Yolo County Courthouse yesterday morning, but not to attend the Topete sentencing.  I decided that I believe the process illegitimate and I did not want to legitimate the process with my presence.

There are a lot of things that need to be said and I will undoubtedly forget some of them.

The 9th Circuit Court Strikes Down Prop 8

Legalistic Decision Tosses Prop 8 on Narrow California-Based Grounds

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“Prior to November 4, 2008, the California Constitution guaranteed the right to marry to opposite-sex couples and same-sex couple alike,” the Ninth Circuit Court of Appeals began in what will be a landmark decision, marking the first time a federal circuit court has ruled in favor of equal rights for same sex couples.

“On that day,” the court continued, “the People of California adopted Proposition 8, which amended the state constitution to eliminate the right of same-sex couples to marry.  We consider whether that amendment violates the Fourteenth Amendment to the United State Constitution.  We conclude that it does.”

Strange Theft Remains a Mystery For Both Occupiers and UC Davis Officials

Cross_Cultural_CenterOn January 24, a small group of UC Davis Occupy protesters moved into the vacated Cross Cultural Center building.  It was a move that would divide the movement, in part because it was not sanctioned by the Occupy UCD’s General Assembly and in part because the cottage was to be the new home of the Educational Opportunity Program and Guardian Scholars Programs, both of which aid those who might be priced out of a UC education.

In the early morning hours on January 26, the students reported a strange robbery.  According to a press release, at about 4:00am, someone entered the occupied former-Cross Cultural Center and took valuable equipment from the main room where occupiers were sleeping.

The Parks Tax Renewal, CO-Ops, and Trust in Government

parks-taxby Brett Lee
Candidate for Davis City Council

It was interesting that the City Council decided to place the Parks Tax renewal on the ballot at $49 a year in spite of the fact that the Parks and Recreation Commission had requested $75 a year.  City staff suggested that $49 would be easier to sell to the public than $75.  Choosing $49 because it is politically expedient seems misguided. Shouldn’t we be willing to fight for what is needed?

But here’s the problem:  we have the City asking for more funds to protect our amenities, but at some level each of us wonders how well they are currently spending our money.  There is a cynicism about how our city is operating that is not without merit.  $49 versus $75?  Let’s choose $49 because it is easier to sell.  How are we the public supposed to know how much is really needed?  Why would we want to support $49 or even $75 if we are not sure where those amounts came from and what they will and will not cover?

Arbitrator’s Report and Ruling on DACHA

housingEditor’s Note: The Vanguard has been providing the public a chance to view critical documents regarding the DACHA case.  We have posted in recent days the history of DACHA as prepared by DACHA in the Organizational Dissolution Plan, the 2006 Letter from John F. Gianola on DACHA, and now today by request, the 2009 Arbitration ruling.

This is a private contractual arbitration between Neighborhood Partners, LLC, a for-profit private consulting limited liability corporation (NP), and the non-profit limited equity housing cooperative, Davis Area Cooperative Housing Association (DACHA). By written agreement, dated December 20, 2002, the parties agreed to binding arbitration before an arbitrator. The undersigned was selected as the arbitrator.

The City Makes Its Case for the Parks Tax Renewal

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The City Council earlier this year voted to place a measure on the June 5, 2012 ballot which will renew the existing Parks Maintenance Tax.

The city staff has developed “a Frequently Asked Questions (FAQ) sheet to answer questions [to] provide background information for voters or others who may be interested in learning about the ballot measure.”

Redistricting: Lesson in Being Careful What You Ask For

redistrictingA few years ago, Republicans, believing that legislative districts had been unfairly drawn, joined with the “good government” folks who believe that partisanship is bad to create a citizens redistricting committee to replace what they saw as partisan cronyism.

The problem was that the lines shockingly still gave the Democrats an advantage, in fact, perhaps an even greater advantage than they had previously.

Opening Juvenile Court to the News Media

yolo_county_courthouseOne of our chief complaints about the operation of governments is that confidentiality laws that are supposed to protect minors from undue intrusions and public exposure are transformed into shields for public agencies to protect them from scrutiny regarding misconduct.

Acting on that rationale, the Los Angeles Times reports, “Los Angeles County Juvenile Court will be opened to media coverage regularly, with certain exceptions intended to protect the interests of children, under an order issued Tuesday by the court’s presiding judge.”

2006 Letter from John F. Gianola on DACHA

housingEditor’s Note: by request, some asked us to run this letter from 2006.  The letter is dated June 24, 2006.  John Gianola is the managing attorney for Legal Services of Northern California.  LSNC provides a wide range of legal services to a low-income population of approximately 500,000 throughout Northern California.  Their mission is “To empower the poor to identify and defeat the causes and effects of poverty within their communities, efficiently utilizing all available resources.”

Dear Mayor and Council Members:

As you know, I am the City’s representative on the board of Davis Area Cooperative Housing Association (DACHA), I was appointed to the board in fall 2005. I have not yet reported to the Council regarding my impressions and opinions of DACHA.

Ten Million Dollar Lesson: The One Opponents of Measure C Need To Quit Hiding From

chalkboardThere are good reasons to oppose Measure C, that we can go on and list in detail.  If I were going to create an argument against Measure C, I would start by making the point that the school district has had a net decrease in funding every year for the last five years.

During that time, the school district has done primarily three things.  First, used one-time monies to temporarily get through the school year with minimal cuts and disruptions.  Second, they have cut programs, staff, and teachers.  Third, they have passed parcel taxes in 2007, 2008, 2011, and now are attempting another in 2012 as well.  That is four of the last six years.

Sunday Commentary: Parish Is In Deep Trouble in His Race For Judge

Judges-Race-2012

Sometimes January filings confirm what you think you know about the races, sometimes they do not tell you much of anything, and sometimes they outright form your conclusions.

For example, Dan Wolk has a healthy lead in finances, drawing money across the political divide in Davis.  His filing tells you that he is the odds-on favorite to become the city’s next mayor pro tem, to succeed Joe Krovoza and become mayor.  But aside from that, we do not know a lot about who else will emerge as a candidate and who will ultimately make up the Davis City Council.

Organizational Dissolution Plan for Davis Area Cooperative Housing Association

housingEditor’s note: The Vanguard was asked to publish verbatim this account of the history of DACHA, along with an accounting of all assets.  This is pulled from the city’s staff report and it appears to be the most complete recounting of the DACHA history that I have seen.  In conjunction with the other accounts the Vanguard has published, this will give all three sides a chance to have presented each side of the story, and all the public an opportunity to fully scrutinize what happened, what went wrong, and assess blame if and where necessary.

HISTORY

2002: City of Davis Redevelopment Agency (City RDA) retained Neighborhood Partners, LLC (NF) (operated by David J. Thompson (DT) and Luke Watkins (LW)), to develop a limited-equity affordable housing cooperative called ”Davis Area Cooperative Housing Association” (DACHA). DACHA home sites were randomly sprinkled throughout Davis, which would later be cited as highly problematic. City RDA initially invested $1,500,000 in the project. Twin Pines Cooperative Foundation (TPCF), of which DT was its CEO, also provided start-up funds. DT made several personal loans to DACHA, naming TPCF as DACHA’s charitable beneficiary. During the first charter meeting, Dallas Kassing and Ty Smalley, also of TPCF, were appointed DACHA’s President and Treasurer respectively. The charter board retained NP as DACHA’s consultant for marketing and property acquisition – agreeing to pay DT & LW an hourly rate of $120, plus a finder’s fee of $8,000 (later increased to $10,000) for every house added to DACHA. DT listed himself as DACHA’s agent for service of process, routinely using his private address as the organization’s business address.

Council Will Examine New Cannery Proposal This Week

Cannery-Park-Land-Plan-Feb-2012Since the Cannery Plan has been brought back by ConAgra, the Vanguard has had several fundamental criticisms of the project.  At the most basic level, the Vanguard questions the need for the project, particularly given the continuing slumping of the real estate market.  The Vanguard has also questioned the appropriateness of the location, given the city’s goals about economic development and the lack of large parcels of land suitable for business parks elsewhere in the city.

Just as importantly, the Vanguard has criticized the specific plans for the development, including the lack of specificity on sustainability features, difficulty of hooking transportation links, the inaccessibility of the buses to residents and lack of universal design principles, among other concerns.

City Staff Proposes City Going Forward with Dissolution of DACHA

housingLast fall, the Davis City Council was ready to proceed with dissolution procedures for DACHA (Davis Area Cooperative Housing Association).  This public hearing was initially scheduled to take place on September 20, 2011. In preparation for the September 20, 2011 public hearing, staff sent notice of the hearing to the 159 organizations on the list obtained from CCCD (California Center for Cooperative Development) with a postmark date of May 20, 2011.

However, there were complaints by David Thompson and Luke Watkins that some of the organizations had been improperly noticed.  Out of the abundance of caution, the city council very reluctantly postponed the dissolution over the objections of the DACHA residents and an attorney for one of them.