Month: October 2012

Council’s Huge Mistake: Council Unanimously Supports Advisory March Election on Water

Council’s Huge Mistake: Council Unanimously Supports Advisory March Election on Water

By David GreenwaldOctober 24, 201214 comments

floating-20COMMENTARY – Council Commits to Woodland-Davis Project.  The big news on Tuesday night was not that the Davis City Council committed to the Woodland-Davis project, which has long been a done deal despite the efforts of at least one councilmember to preserve the West Sacramento option as long as possible.

That the decision was unanimous might be mildly surprising, but the big news was the decision by the council to capitulate to legal counsel on the critical issue of the advisory versus binding vote.

Jury Acquits the Officers in Gutierrez Case of Wrongdoing and Liability

Jury Acquits the Officers in Gutierrez Case of Wrongdoing and Liability

By David GreenwaldOctober 24, 201210 comments

img_3299.jpgANALYSIS – Throughout the trial that seemed to stretch on far longer than the 13 calendar days it encompassed, the hope was that, win or lose, this trial would provide closure to the grieving family of Luis Gutierrez who was gunned down by plain-clothed sheriff’s deputies on April 30, 2009.

The odds from the start seemed stacked against the plaintiffs. After all, they had only three witnesses who actually saw what happened that day and none of them saw everything.  How were they going to prove this case, even at the lower civil trial level of preponderance of the evidence?

Critical Questions Loom as Staff Recommends Council Approve WAC Actions and Language for Ballot Measure

Critical Questions Loom as Staff Recommends Council Approve WAC Actions and Language for Ballot Measure

By David GreenwaldOctober 23, 20126 comments
water-rate-iconThe WAC has weighed in on the critical issue of going forward with the Woodland Davis Clean Water Agency (WDCWA) project, and now the council is being asked by city staff to rubberstamp that recommendation.  The question is whether they will.

Staff recommendation is fourfold.  First, to accept the recommendation by the WAC, the DWWSP (Davis Woodland Water Supply project) Option A, WAC Alternative 4b: 30 mgd DWWSP Project; Woodland: 18 mgd, Davis: 12 mgd with two stipulations.  One that both cities share in the cost of the pipelines to convey the treated water to the city limits of each city and second that the cost share percentages of the entire project change to reflect the current anticipated reliance on the treatment facility.

Claims of Unfairness to Homeowners on Tax Issues Ring Hollow

Claims of Unfairness to Homeowners on Tax Issues Ring Hollow

By David GreenwaldOctober 23, 201218 comments

chalkboardCOMMENTARY – It seems like every election we get the invariable argument over who is entitled to vote on matters of taxation.

So here is the argument, as a letter writer lays it out in the local newspaper: “Oh, did I mention? This November also brings another school tax; Measure E. As a homeowner in Davis, this measure concerns only those who own property, for it is us who will have to ‘foot the bill!’ “

Last Debate Shows President the Clear Winner as Romney Moves Toward Him on Key Issues

Last Debate Shows President the Clear Winner as Romney Moves Toward Him on Key Issues

By David GreenwaldOctober 23, 2012125 comments

debate-obama-third

ANALYSIS – For a lot of reasons, in the end it may not matter.  But in their third and final debate, Mitt Romney made a lot of the same mistakes that Barack Obama made in the first debate.

He attempted to play it safe, and present himself as a competent, level-headed and plausible alternative to President Obama as the Commander in Chief.  However, in the process he seemed to cede a number of positions to the President – positions that he seemed to change on the fly.

Did Deputies Plant the Knife in the Gutierrez Incident?

Did Deputies Plant the Knife in the Gutierrez Incident?

By David GreenwaldOctober 22, 201216 comments

img_3299.jpgANALYSIS – As the Federal Civil Rights Suit trial wrapped up last week, the Sacramento Bee‘s Denny Walsh does an exceptional piece in which he argues “jurors must ask: What about the knife?“

As Mr. Walsh writes, “The jury’s verdict likely will swing on whether the plaintiffs’ lawyers have sown enough doubt in jurors’ minds that Gutierrez did not have the knife when the shooting occurred.”

School Board Candidate Utilizes Social Media

School Board Candidate Utilizes Social Media

By David GreenwaldOctober 22, 201217 comments
Sherman-ClaireIn 2006 Matt Rexroad, in his campaign for county supervisor, was ahead of the curve.  He was out there engaging with the public on a variety of issues and utilized his blog as a way to connect with voters.

That was more than six years ago and the remarkable thing is that there have been very few efforts to replicate Mr. Rexroad’s effective use of his blog – a precursor to widely-available social media like Facebook and Twitter.

Way More than You Probably Want to Know About the Various Recommended Restrictions on Wood Burning

Way More than You Probably Want to Know About the Various Recommended Restrictions on Wood Burning

By uptownstudiosOctober 22, 201225 comments

woodburningby Alan Pryor

GUEST COMMENTARY – While many Davis residents are aware that the Davis City Council is considering a Staff recommendation on wood burning restrictions this Tuesday, few probably realize that there are actually 2 additional somewhat competing recommendations that the Council is considering. One is a long-awaited “Guidance” document submitted by the Yolo Solano Air Quality Management District. The other is a recommendation passed 6-1 by the Natural Resources Commission resulting at their September meeting.

Each of these recommendations or proposals are similar in that they would prohibit wood burning on certain days when PM2.5 (particulate matter less than 2.5 um diameter) concentrations in the region are expected to exceed certain thresholds. Each of the recommendations also differ with respect to which projected PM2.5 threshhold is used to issue mandatory “No-Burn” advisory, which air quality agency’s PM2.5 projections are used, and whether EPA Phase II stoves and pellet stoves are exempted from compliance with the otherwise mandated “No-Burn” notices.

Sunday Commentary: Proposed Wood Burning Restrictions a Modest Proposal

Sunday Commentary: Proposed Wood Burning Restrictions a Modest Proposal

By David GreenwaldOctober 21, 201237 comments
woodburningIt did not take long for Davis Enterprise columnist Bob Dunning to overreact to the proposed wood burning restrictions by the Davis City Council.  One would think the council was doing something radical like banning fireplaces or wood burning altogether.

Instead, they are proposing restrictions on days where the impact of smoke would be most detrimental to the health of some very sensitive residents, but also impact the health of all residents because the atmospheric conditions would hold the smoke in rather than blow the smoke out and disperse it throughout the valley.

Gutierrez Trial Goes to the Jury After Three Weeks of Testimony

Gutierrez Trial Goes to the Jury After Three Weeks of Testimony

By David GreenwaldOctober 21, 20121 comments
img_3299.jpgAfter nearly three weeks of trial, the federal civil rights trial on the shooting death of Luis Gutierrez finally closed this week.  In the coming days, the Vanguard will analyze critical portions of the testimony and what we learned.  We begin with the closing statements, which represent how the attorneys on both sides view the evidence as it came out in the case.

Unlike in a criminal trial, the burden of proof is at the level of preponderance of the evidence – that means that the plaintiffs in this case, the family of Mr. Gutierrez, only need a 51% belief that police acted unlawfully.

Yes on Measure H

Yes on Measure H

By David GreenwaldOctober 21, 20125 comments

auditBy Jim Provenza and Don Saylor

GUEST COMMENTARY – Measure H will increase efficiency and accountability within Yolo County by providing an effective financial system.

Measure H was placed on the ballot by a 5-0 vote of the Yolo County Board of Supervisors and is supported by the Mayors of all four Yolo County cities. This measure proposes to consolidate the offices of Auditor-Controller/Tax Collector-Treasurer and other countywide fiscal functions under a Department of Finance by establishing an appointed Director of Finance, creating an independent finance oversight committee, and requiring an annual independent audit of the Department of Finance.
Yolo County Grand Jury Report Uncovers a Troubling Contract and Questionable Ethics in Probation Department

Yolo County Grand Jury Report Uncovers a Troubling Contract and Questionable Ethics in Probation Department

By David GreenwaldOctober 20, 201212 comments

probation-departmentDid Chief Probation Officer Rist Resign Due to This Scandal? – In response to a citizen’s complaint, the Yolo County Grand Jury investigated the Yolo County Probation Department.

The Probation Department had a contract for risk assessment software and training to use in determining the risk of re-offense by clients. The contract is with Assessments.com (ADC). The Grand Jury found that a high-level YCPD manager was the sole contract administrator for the contract and had a personal relationship with the Chief Executive Officer (CEO) of ADC.
My View: Being Poor Means Inhuman Treatment

My View: Being Poor Means Inhuman Treatment

By David GreenwaldOctober 20, 201275 comments
Gonzales-building-WoodlandEvery year in June, Assemblymember Mariko Yamada takes what she calls the “Hunger Challenge.”  According to a press release from back in June, “Hunger Challenge participants pledge to live for one week on the nation’s average weekly food stamp benefit of $4.46 per day, or just $1.49 per meal.”

“The challenge is a reminder to me that for millions of Americans, hunger is a daily reality,” said Assemblymember Yamada.  “While I struggle for only a week, far too many who cannot make ends meet face going hungry every day.  Those living in ‘food deserts’ – often students, the disabled, and seniors – are particularly affected.”

Measure H Eliminates the Elected Office of Auditor/Controller & Treasurer/Tax Collector

Measure H Eliminates the Elected Office of Auditor/Controller & Treasurer/Tax Collector

By uptownstudiosOctober 20, 20120 comments

auditBy Thomas Randall, Jr

GUEST COMMENTARY – On Tuesday, November 6th Yolo County voters will have the choice to vote to pass county wide ballot Measure H or not. The voters should vote no and defeat Measure H for these reasons:

Keeping the combined elective office of Auditor/Controller and Treasurer/Tax Collector with its elective status is essential to provide for an autonomous independent working relationship between that office and the Board of Supervisors. Voting in the option to make this office an appointed office by the Board of Supervisors instead of an elected office is a terrible option for the taxpayers and voters of Yolo County because that office holder would no longer work directly and be accountable to the voters anymore, but work directly for the membership of the Board of Supervisors that appointed that person to the office.

WAC Picks Woodland

WAC Picks Woodland

By David GreenwaldOctober 19, 20125 comments

Musser-WAC-8-16

Commentary and Analysis – If you found yourself believing perhaps that the city of Davis was moving too fast to end the WAC process, you are probably not alone.  But time was running out for the self-imposed deadline to put the measure on the ballot.

So here were are – the WAC has finished their job, for the most part, and will plop this project, the mess, the headaches, in the lap of the Davis City Council, who now has to convince the voters that this is the right way to go.

Staff Recommends Mandatory Wood Burning Ban

Staff Recommends Mandatory Wood Burning Ban

By David GreenwaldOctober 19, 201223 comments

woodburningIn a marked shift in policy, staff is moving away from past voluntary wood burning bans which largely failed and is now recommending that council adopt an urgency ordinance and introduce a regular ordinance that would regulate wood burning.

Since 2009, the City has been implementing a voluntary wood burning program in coordination with the Yolo Solano Air Quality Management District (YSAQMD). During this period the City and YSAQMD coordinated on air quality monitoring activities and consideration of alternatives to the voluntary policy.

Facing Third Strike, Yolo County Defendant Cops Plea to Questionable Charges

Facing Third Strike, Yolo County Defendant Cops Plea to Questionable Charges

By David GreenwaldOctober 19, 201212 comments
prison-reformJimmy Ducote is probably not the most sympathetic of all figures.  He has sat in custody for nearly three years for an arrest that occurred on December 23, 2009.  A good deal of that is his own doing, as in September he was unsuccessful for the third time in attempting to dismiss his legal counsel, Public Defender Tracie Olson.

Mr. Ducote was facing 50 years to life in a case that remains highly questionable.  He is charged with a Penal Code section 245(c), “Assault by means of force likely to produce great bodily injury and assault with a deadly weapon other than a firearm upon a peace officer” and evading a peace officer in violation of Vehicle Code section 2800.2(a).

Staff Recommends WAC Supporting Going Forward with JPA

Staff Recommends WAC Supporting Going Forward with JPA

By David GreenwaldOctober 18, 20129 comments
Sacramento-River-stockIn a special meeting set for tonight, city staff Herb Niederberger and Dianna Jensen have recommended that the WAC “recommend to the City Council that Davis is committed to going forward with participation of the Woodland-Davis Clean Water Agency (WDCWA) Joint Powers Authority 30 mgd surface water supply project with modification of the cost sharing as discussed herein.”

Despite the increased cost in the West Sacramento option, staff estimates there is a 12.5 percent cost differential between the options, in favor of the West Sacramento Alternative.

National View: Obama Wins by Moving Further to the Right

National View: Obama Wins by Moving Further to the Right

By David GreenwaldOctober 18, 201224 comments

Debate-2-Obama-Romney

The remarkable thing about the second debate, is a recognition of just how far to the right the Democrats have moved to counter the lurch to the right by the Republicans.

It is true that when asked how he would differ from President George W. Bush, Mitt Romney largely fumbled the ball by responding, “President Bush and I are different people, and these are different times. And that’s why my five-point plan is so different than what he would have done.”

District Reaches Agreement with One Bargaining Unit, DTA Holding Out

District Reaches Agreement with One Bargaining Unit, DTA Holding Out

By David GreenwaldOctober 17, 201225 comments
school-musicThe Davis Joint Unified School District and the California School Employees Association have reached a tentative agreement, pending ratification by both parties, on a contingency that could mean the reduction by as much as six days in the 2012-13 school year.

“The District and the California School Employees Association, recognizing the potential impact of the failure of Prop. 30, have ratified” an MOU.  “The MOU contains contingency language which would be triggered by Prop. 30’s failure, a graduated scale of concessions based on the scale of lost state revenue, language to restore concessions if money returns to the district, and a plan to implement the concessions.”