Month: November 2012

Is It Time for the City to Settle DACHA Suit?

housing

An item appears on the consent calendar that would authorize the Successor Agency to the Redevelopment Agency to allocate an additional 275,000 dollars for legal expenses over the fiscal year 2012-13.

This amount apparently covers expenses from the fiscal year 2011-12.  According to the staff report, “The requested adjustment budgets funding for project legal expenses of the Successor Agency related to an ongoing enforceable obligation due to continuing litigation regarding the Davis Area Cooperative Housing Association (DACHA). This activity was approved as an enforceable obligation by the Department of Finance (DOF) as part of the Recognized Obligation Payment Scheduled (ROPS) III.”

One Community Fights Back on Cell Tower And Takes Case to Supreme Court

crown-castle-3Last spring, despite outcry from the public, the city largely acquiesced to demands by Crown Castle to build a communications array in town.  Instead of fighting the process in general, the city council went through a lengthy and protracted review of each proposed cell tower location, on a site-by-site basis, in painstaking fashion.

The public wanted to fight this, but Mayor Joe Krovoza, as well as three of his colleagues, following the lead of City Manager Steve Pinkerton and City Attorney Harriet Steiner, believed the law was on the side of Crown Castle, and any decision that would lead to litigation would be, at best, a costly mistake.

Former Candidate For Judge Takes Deputy DA Position in Tuolumne County

parish-clintWhen Clinton Parish, a Deputy DA in the Yolo County District Attorney’s office, announced just over a year ago that he intended to challenge Judge Dan Maguire for his judicial position, he did so with the full backing of his boss, District Attorney Jeff Reisig.

However, when he mailed attack brochures to county residents that proved to have unverified accusations against the judge, many of Mr. Parish’s backers, including Yolo County Sheriff Ed Prieto and DA Reisig, quickly withdrew their support.

A Look At Dunning’s Water Critique

floating-20The Vanguard is going to approach the water ballot initiative from two perspectives – the first is to provide the public with as much information as possible about the project, the rates and other critical issues.  The other is to act as a fact checker – for both sides, to make sure that what information is in the public view is as accurate as possible.

Bob Dunning has his first full column on the water issue since the WAC recommended the Loge-Williams water rates last Thursday.

Woodland Should Pull Back and Allow Davis To Avoid Rushing Water Vote

woodland-dcc-1By Michael Harrington

For all the complicated reasons discussed, the steering committee for our water referendum believes and hopes that Woodland should pull back from the JPA and sharing the water plant project with Davis, allowing Davis to avoid rushing this matter to the March 2013 ballot.

The Davis City Council is set to approve a rate package on November 27th, and it would be best if they were informed prior to that time that Woodland is going to go it alone for now.

The Growing Political Might Of Ethnic Voters In The 2012 California Elections

latino-votersBy Mark DiCamillo, Director, The Field Poll

The 2012 elections may prove to be a turning point in California politics – one that has been many years in the making – as the political might of the expanding ethnic voter population fully exerted itself in this year’s statewide elections.

According to the network exit poll,1 Latinos, Asian Americans and African Americans collectively made up about 40 percent of the state’s voters in this election, roughly equivalent to their share of the state’s overall registered voter population. This means that turnout among the state’s ethnic voters was about equal to the turnout of their white non-Hispanic counterparts, a first in California election politics.

Transition to the Political Campaign on the Water Initiative

Sacramento-River-stockOn Thursday, the WAC made their decision with regard to water rate structure.  They did so with the apparent blessing of city staff, that had up until that point been skeptical about the viability, workability and legal defensibility of the Loge-Williams consumer-based rate structure.

The council still has some work to do.  They must continue to negotiate with Woodland on the cost sharing.  Timing for that is tight and, while the agenda is already up for the November 27 meeting, the talks are clearly ongoing and, as of the timing of the staff report, no new progress is noted.

City’s Forgotten Labor Battle

contract-stockCommentary: Council Faces a Quiet Crisis of Confidence on Labor Front – Last week’s employee contract that was approved by the council by a 5-0 vote was a reminder that while the city has been focused – and rightly so – on getting the water project squared away, there is another critical battle underway and that is the approval of the employee contracts.

The last contracts expired on June 30.  It is now approaching November 30 (particularly when you realize that city offices are closed until November 26) and contracts remain unsigned.

Fire Report Recommends Boundary Drop as Lynch Pin to Reduction of Fire Personnel

Fire-Davis-StockThe Vanguard reported on Sunday that the city of Davis has failed to implement simple reforms we might refer to as a boundary drop, that would allow the closest station to respond to an emergency call for service, regardless of whether it is a city of Davis or a UC Davis station.

As Interim Chief Scott Kenley noted in his report, a UC Davis unit cannot be the first responder to an emergency in the city.

Sunday Commentary: Union President Talks Public Safety Only When It Serves His Purposes

weistWeist Willing to Risk Public Safety in Order to Protect Turf – This past week, Davis Interim Fire Chief Scott Kenley made a thorough presentation of the Davis Fire Department.

Contained within the report were recommendations as to how the city could move forward with a reduction of fire staffing, first reducing staffing from 42 to 36 and then reducing staffing from 12 personnel per shift down to 10 or 11, depending on how the city wanted to proceed.

Are You Being Served By The WAC ?

ERM-Council-8-21By Matt Williams

Part Two: Water Process Interest Groups – Let me start by saying that the opinions and perspectives presented here in this article are those of the author and not the opinions and perspectives of the Water Advisory Committee (“WAC”).

Given the events of the past week both at City Council and at the WAC, it seems to once again be appropriate to take a moment of our time to look at the cumulative activities of the WAC with the following key question in mind, “Are You Being Served?”

WAC Recommends Innovative Rate Structure for Water Project

water-rate-iconVanguard Analysis: Impact of Rates Unclear – It is worth noting that some of the most bitter and divisive machinations both in private and in public, occurred not necessarily with the core water project but rather in determining which rate structure to use.

After three hours of at times colorful and heated debate over several different versions of the rate structure, the WAC finally reached a decision by an 8-2 vote, with Former Davis Mayor Jerry Adler and Chair of the WAC Elaine Roberts Musser providing the dissenting votes.

My View: Republican Latino Problem Deeper than They Think

latino-votersIt is perhaps difficult to remember that California was largely a reliable Republican state.  From the 1952 election of Dwight Eisenhower until the 1992 election where California went for Bill Clinton, the state went for the Republicans in 9 of 10 presidential elections.

Only in Lyndon Johnson’s 1964 landslide did California go blue during that period.  Now, some of those years it was close, like 1968 where Richard Nixon won by 3, Ford in 1976 won by 2 and George HW Bush in 1988 won by 4.  Moreover, there was a Californian (Richard Nixon and Ronald Reagan) on the ballot as President or Vice President 7 of those 10 years.

Council’s 120 Million Dollar Roll of the Dice

snake-eyesVanguard Analysis – When the Davis School Board has wanted to put parcel tax measures on the ballot, it has asked a political consultant, Jay Ziegler, to doing polling analysis and help them craft a parcel tax measure that would have a reasonable chance of being successful at the polls.

Not everyone agrees with that approach.  For instance, Trustee Tim Taylor often argued that the board should simply ask why the measure was needed.  Indeed, that was more the approach of Measure E, where there was no polling, and no consultant. However, this was the fifth such ballot measure since 2007 and Richard Harris, who ran the campaign, might as well be a political consultant.

Council Moves Ball Forward Fiscally For City, But Not As Far as Hoped

Overtime

Vanguard Analysis of Fire Staffing and Budgetary Changes Shows Savings Fall Short – The issue of fire staffing is one that bedevils many observers.  One of the key questions that the council is going to have to wrestle with is the issue of overstaffing versus overtime.

“Overtime in the fire service has been misunderstood by the lay person, including City Administration and Elected officials for over thirty years. A lay person’s assessment of overtime is work that is done because it could not be completed during normal working hours,” Davis’ Interim Fire Chief Scott Kenley writes in his audit of the department.

Breaking the Silence of Racism

manOn Saturday December 1, the City of Davis Human Relations Commission will sponsor an event entitled, “Breaking the Silence of Racism,” which will take place from 1pm to 3pm in Community Chambers, 23 Russell Blvd.

Community members are invited to share their recent experiences and thoughts regarding racist incidents in the Davis community and ask questions of a panel comprised of local leaders and officials.

Interim Fire Chief Proposes Staffing Changes For Fire Department

OvertimeChief Suggests Way Forward to Three on an Engine – Interim Fire Chief Scott Kenley on Tuesday night presented the Davis City Council with a very thorough and massive report on the fire department.  While the council did not act on the informational item on Tuesday, the plan is to bring the item back in the coming weeks as council sifts through the material and looks for ways to cut costs and possibly reduce staffing down to three on an engine.

Chief Kenley is recommending going from 42, which is the present number of funded positions in the fire department, down to 36, including a reduction in the Firefighter II and I positions from 33 to 27.

Council Gets Inconsistent and Contradictory Legal Advice on Water

floating-20COMMENTARY – At the October 23 city council meeting, the council listened not only to the advice of its own City Attorney Harriet Steiner, who argued against a binding vote, but the city also brought in Iris Yang from Paso Robles, at city expense, to make the same case.

However, three weeks later, City Attorney Harriet Steiner was singing a completely different tune.  Suddenly, hurdles that she presented as insurmountable were presented as no problem.

City Agrees on MOU with Individual Police Management Employees

Frerichs-Lucas-665Councilmember Frerichs Expresses Some Misgivings About the Direction of Negotiations – It is not a huge contract or a huge bargaining unit.  However, by reaching agreement with the Individual Police Management Employees, the council and city were able to set down on paper for the first time their goals for the ongoing negotiations for labor contracts that expired back on June 30.

On Tuesday night, Steve Pinkerton told the council that the Individual Police Management Employees already pay the full 9% employee portion of PERS, but with this agreement they have also agreed to pay an additional 3% toward the employer portion.

Councilmember Lee Expresses Concerns About Pushing Project Forward

BrettLeeRCOMMENTARY – On Tuesday, the Davis City Council fixed the most glaring and immediate problem facing them – they shifted course, really without much incident, to support a binding resolution similar to one the Vanguard suggested, giving the council the authority to move forward with a yes vote and binding it to not move forward with a no vote.

One problem was therefore solved on Tuesday night.  But the proceedings will, if anything, complicate matters down the road, as it is quite clear that council was forced to move forward despite all indications that they were really not ready.