Month: September 2012

UC Board of Regents Approves Settlement Agreement

Pepper-sprayAgreement Expected to Be Publicly Released in Two Weeks –

The Vanguard has confirmed that the UC Board of Regents in closed session approved the financial details of a settlement agreement with the protesters who were arrested or pepper sprayed on the UC Davis Quad on November 18, 2012.

Steve Montiel, the Media Relations Director for the UC Office of the President, told the Vanguard that a federal court is expected to certify the agreement in roughly two weeks.  At that time, the details will be released to the public.

Searing Disconnect Between City Staff and Downtown Businesses on Second Street Crossing and Future of Davis

DD-BBN

Six years ago, the battle over Target featured a hotly-contested debate over the future of the city of Davis and, in particular, its downtown.  Last night the city’s Planning Commission met to discuss what would seem to be a small zoning change – lowering the size of the stores that can move into the adjacent pads.

Instead, the debate appears to be re-igniting.

Civil Case of Police Beating Still Pending in Galvan Matter

galvan-press-02.jpgPlaintiffs Allege Police Intentionally Inflicted Serious Bodily Injury on Brothers in 2005 Confrontation –

It has been over seven years since Ernesto Galvan’s life was changed dramatically with a beating in the early morning hours in June 14,  2005 at approximately 3:20 a.m. or shortly after.  Police beat Mr. Galvan, and to a lesser extent his brother Fermin, after they claim he resisted arrest near a West Sacramento Park.

Three jury trials later, the district attorney, apparently reluctantly, dropped the resisting and battery charges when it became clear they were unlikely to get 12 jurors to convict.  In the first two trials, it was a single hold-out, but the third trial was different – Fermin Galvan would be acquitted on one charge, and the split on the other charges shifted to the brothers’ favor.

Council Wrestles with Role in Employee Layoffs in Aftermath of Tree Trimmer and Other Layoff Issues

treetrimmingIn the city manager form of government, the city council has a limited role to play in the hiring and laying off of employees.  They hire the city manager and city attorney, but the city manager hires and fires all other staff.

The city clearly suffered a blow back in June, following the post-election layoff of employees who were part of the DCEA (Davis City Employees Association) bargaining unit, in particular, the tree trimmers.

Planning Commission to Hear Proposal to Change Second Street Crossing

TargetindavisTonight the Planning Commission will hear an application by developer Dan Ramos to revise the Development Agreement to allow for TJ Maxx to move into one of the four adjacent building pads at the Target site.

Staff is recommending that the Planning Commission forward to the City Council the revision “to the Development Agreement, Preliminary Planned Development, and Design Review approval for the four pad buildings at the Second Street Crossing (Target) development, to reduce the minimum sizes of some retail uses and make minor adjustments to the site plan and elevation, based on the findings and subject to the Conditions of Approval contained in this staff report.”

Commentary: The Tragic Death of Linnea Lomax

MentalIllnessTragedy – A Reminder That We Need More Proactive Attention to Mental Illness –

Unfortunately, the sad episode of Linnea Lomax, a 19-year-old UC Davis student, has come to an end, probably in the worst and most excruciating way one could possibly imagine, with her mother finding her body hanging from a tree next to the American River on Friday.

The story hits painfully home for all parents, for I’m sure it’s one of many worst nightmares.  That this one might have been prevented only makes it all the worse.

September Looms As a Critical Month on City Budget Issues

OvertimeThe Davis City Council is back in action tonight with their first regular meeting following their summer recess.

The adopted budget from June called for roughly $8 million in cuts, including $4 million in savings from the new labor contracts and $4 million in restructuring.

Lessons of 9/11: Fear Itself

WTC_Building_7Recently the war in Afghanistan reached a grisly milestone as the number of US deaths surpassed 2000.  It was just under 11 years ago, months after the attack on this date, September 11, 2001, that the US launched what was euphemistically called Operation Enduring Freedom in Afghanistan.

But now after 11 years, we are still fighting there.  In fact, it was only in 2010 when the death toll surpassed 1000.  Two years later the figure has doubled.

Executions Remain on Hold in California According to Ruling by LA County Judge

death-penaltyUpdated Study Indicates Five Billion Dollars in Costs if System Maintained

Monday’s ruling by Los Angeles Superior Court Judge Larry Fidler simply acknowledged the current state of affairs, as he was asked by LA County prosecutors to allow the execution of two longtime death row inmates, both of whom exhausted their legal appeals.

Judge Fidler agreed with the prosecution who argued that the “state is going as slow as they can and calling it progress.”   However, he said that as a trial judge, he lacked “the authority to override a civil court order in Marin County or the California State Legislature’s direction that a long administrative process is necessary to vet any lethal injection method.”

Is City Rate System Vulnerable to Proportionality Challenge? News Research Suggests Possibly

water-rate-iconA few months ago, the Vanguard ran a story that analyzed the city’s water rates and found that they appear to be proportional and fair.  However, that analysis may have been overly-simplistic if the work of two Water Advisory Committee members is correct.

In an article that ran in yesterday’s Davis Enterprise, Frank Loge and Matt Williams have come up with “a proportional fixed-fee structure based on water consumption history that could balance water bills in Davis” – a system that has never been tried before in California.

Vanguard Seeks Written Questions in Advance of October 1 Candidates Forum

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The newly-comprised Vanguard Editorial Board is sponsoring a School Board Candidates forum on Monday, October 1, 2012 at the Harper Junior High Multipurpose room.

All five candidates for school board: Susan Lovenburg, Nancy Peterson, Claire Sherman, Jose Granda and Alan Fernandez have committed to attend and participate.

Sacramento Bee Ends 150-Year Support of Death Penalty

san-quentinThe Sacramento Bee on Sunday wrote: “For most of its 162 years as a state, California has had laws on the books authorizing the death penalty. And for nearly all of its 155 years as a newspaper, The Bee has lent its support to those laws and use of capital punishment to deter violence and punish those convicted of the most horrible of crimes.”

“That changes today,” they wrote and they apparently mean it.  Not content to issue a single editorial they have a week-long series of editorials.  They argue: “The death penalty in California has become an illusion, and we need to end the fiction – the sooner the better. The state’s death penalty is an outdated, flawed and expensive system of punishment that needs to be replaced with a rock-solid sentence of life imprisonment with no chance of parole.”

Sunday Commentary: Trouble Brewing for the School District with Labor Strife Ahead of Key Vote

schoolLast spring, the voters of Davis once again stepped up to the plate and approved an extension of the district parcel taxes.  They did so nearly at a 3 to 1 rate.  However, as we warned at the time, passing Measure C was not going to be the cure-all.  The district will still have 3.5 million dollars in the form of a persistent structural deficit to deal with.

Had the teachers been willing to make additional concessions, the district might have avoided having to lay off more than fifty teachers and other employees.

City Finance Director Hire Comes with a History of No Confidence Votes, Poor Employee Morale

quiring-yvonneWhen the City of Davis on Friday announced the official hiring of Yvonne Pimentel Quiring as the city’s new Finance Director, a position officially described as Assistant City Manager/Administrative Services Director, effective October 1, 2012, it seemed like a fairly typical hire.

Ms. Quiring, who will replace Paul Navazio who became City Manager of Woodland last spring, was said to have “26 years of municipal experience in small, medium and large cities with considerable expertise in finance, budget, and benefit administration.”

My View: Voter ID Laws Are a Solution in Search of a Problem and Far Worse

voter-fraud-billboardWe quickly forget our history in this country and we do so to our own detriment.  It was, after all, not that long before my time that states used onerous poll taxes and literacy requirements to deny whole classes of people their franchise – the most fundamental of all rights in a democracy.

The 24th Amendment to the Constitution was only passed in 1962.  It granted that the right to vote in any national election “shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax” and gave Congress the power to enforce this right.

Commentary: Good Decision by DA Not to Charge Murder in Horrific Accident

crash-vehicle-pursuitWest Sacramento and Other Local Jurisdictions Need to Revisit Vehicle Pursuit Policies –

Imagine, a 17-year-old juvenile steals a car and leads the police on a high speed chase in one end of town, and on the other end of town, a police car turns on its lights and heads off to join the chase.  But just as it does so, it strikes a man crossing the street and hits him so hard that it severs the man’s body at the torso.

This is what happened this week in West Sacramento.  The Yolo County DA’s office would charge the teen, who was arrested after crashing into a parked car, with vehicle theft, felony possession of stolen property, and misdemeanor allegations of evading a police officer, resisting arrest and driving without a license.

The Public-Private Question on the City’s Water Service

floating-20.pngDominating the recent debate on water has been the question of which water project the city should opt for.  However, a huge subcomponent of this is the question of the public water system we have now, versus the private operation we would have, per the JPA which appears to be set on using the DBO (Design-Build-Operate) bid method which the city’s advisers and analysts believe is the most cost-effective.

Writes Nancy Price in an op-ed, “As the Davis Water Advisory Committee and later the City Council discuss surface water project options, it is clear that if Davis signs an agreement with West Sacramento, our drinking water still would be delivered by a municipal public works department. However, if water is provided by the Woodland-Davis Clean Water Agency under the Joint Powers Authority, our water would be delivered by a private, for-profit company.”

Early, My View: Only Fools Ask Are We Better Off Than We Were Four Years Ago

Lehman-Brothers-collapseIn 1980, Ronald Reagan was able to rhetorically turn a close election a week before the polls into a comfortable Election Day victory by famously asking, “Are you better off now than you were four years ago?”

While President Obama’s speech last night was generally well received, he did have to backtrack from his soaring rhetoric about change we can believe in.  And so, he argued last night, ”Our problems can be solved, our challenges can be met.”

Thinking Outside of the Box on Prosecuting Cases and Preventing Crime

prison-reformMany locales have used money from realignment to hire more prosecutors, more law enforcement officers, and even build more local capacity for the county jails.  Reports the San Francisco Chronicle this week, “The state gave San Francisco $5.8 million for the first nine months of the program. While some district attorneys around the state hired more prosecutors, [San Francisco District Attorney George] Gascón hired Luis Aroche with a portion of his office’s $91,000 share.”

Luis Aroche is a 34-year-old former gang member, who was hired by DA Gascón in February as an “alternative sentencing planner.”

Commentary: Patience and Understanding Needed If Davis and Woodland Are To Be Partners

Sacramento-River-stockThe decision by two leaders of Woodland – Mayor Skip Davies and Councilmember Bill Marble – to express their faltering patience with Davis and the water process by putting an op-ed in the Davis newspaper was ill-considered and misguided, much as their decision in December to come to the Davis City Council meeting with five councilmembers and their representative on the County Board of Supervisors.

A few weeks ago I had lunch with the former Mayor of Woodland, and he asked me if Davis was going to burn them.  My answer was I did not know.  However, I told him that, while it is not Woodland’s fault, Woodland is paying the price because of decisions – poor ones – made by the previous Davis City Council, led in part by former Mayor Don Saylor.