Month: November 2012

Council Unanimously Approves Binding Vote For March Election

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The council was out of time if they wanted the measure on the March 2013 ballot.  Staff argued, at least persuasively enough, despite the fact that there was no cost-sharing agreement with Woodland and no rate recommendations from the Water Advisory Committee, that another delay in the election would not only likely spell the end of the partnership with Woodland, but delay the project by another year.

The result of that uncertainty pushed the council forward.  It was clear from the start that the council would go to binding language.  Brett Lee asked for language that would simply authorize the council to move forward with the project with few specifics in the actual ballot language.  However, the city would be tied to the agreed-upon rates that would concurrently be approved through the Prop 218 process.

Report Finds Prop 30 Subsidizes UC Losses from Risky Wall Street Investments

wall-street-ucJerry Brown worked hard on Tuesday to postpone a vote on fee increases in the UC system.

The Sacramento Bee reports this morning that the UC Regents, at the request of the governor, have “yanked an item from today’s agenda that called for raising fees at several UC professional schools, including schools of nursing, business, law and medicine.”

Council Seems Poised to Set Binding Water Vote For March

water-rate-iconCOMMENTARY – On Sunday the Vanguard had the privilege of sitting down with Councilmembers Dan Wolk and Rochelle Swanson.  Both of them were very clear in their belief that a binding vote was the right thing to do, and that they wanted the election in March to be on the merits of the project and not on process.

It is unfortunate that staff and legal counsel keep stepping on themselves trying to get this wrong.  Go back to the strange decisions made on September 6, 2011, in which staff seemed to mask rate hikes within a conservation plan.  Continue to the referendum and the strange last-second memo by City Attorney Harriet Steiner that seemed to deny the citizens’ right to a ballot initiative, even though there was no legal precedent.

Judge Mock Orders Firefighters Union to Pay 23K Dollars in Attorney Fees to Vanguard Attorney

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In a move believed to be unprecedented, Yolo County Superior Court Judge Stephen Mock has ordered the Davis Professional Firefighters Association to pay $23,345 in attorney fees, based on the union’s intervention into the Vanguard‘s successful lawsuit against the city of Davis to compel the city to release more of the still heavily-redacted 2008 Davis Fire Report.

Judge Mock in his ruling wrote, “Petitioner succeeded in obtaining the relief he sued to obtain – the release of a less redacted copy of the Aaronson report. DPFA cites no authority to support its contention that its success against petitioner, as opposed to respondent’s success, is the relevant inquiry for an award of fees against it under section 1021.5.”

What Does Narrow Loss of Prop 34 Mean for Death Penalty in California?

death-penalty-presser-1In the immediate aftermath of the loss of Proposition 34, the ballot measure that would have ended California’s death penalty and replaced it with life without parole, its ballot sponsors took solace in the relative closeness of the election.

“The mere fact that the state is evenly divided is nothing short of extraordinary. In 1978, 71% of the electorate supported the Briggs Death Penalty Initiative and now, after hearing the facts, voters are almost evenly split,” said Jeanne Woodford, the official proponent of the SAFE California Campaign and former Warden at San Quentin State Prison where she oversaw four executions.

Swanson and Wolk To Push Council Back Toward Binding Vote

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At the last council meeting, the Davis City Council voted by a 5-0 margin to proceed with an advisory vote that would be finalized at the November 13 council meeting.  That move went against a 6-4 Water Advisory Committee (WAC) recommendation for a binding vote.

“Unfortunately, when presented with the latest incident of WAC/Staff disagreement on Tuesday night, Council chose to follow a different path and jettison the WAC recommendation in favor of Staff’s recommendation,” Matt Williams, an alternate on the WAC, wrote in an open letter to the Davis City Council on October 31.

Governor Brown Speaks Out, Telling Feds to Stay Out of Marijuana Laws by States

marijuana2For years since California passed its medical marijuana law, the federal government, often to the bewilderment of many who wonder about the prioritization of resources, has battled the state on the issue of medical marijuana dispensaries, often conducting raids and arresting providers of marijuana to cancer and other terminal patients.

On Tuesday, Colorado and Washington went a step further by making marijuana legal for all purposes.

Sunday Commentary: Is Davis’ City Attorney Too Cautious For Bold New Council?

Steiner-HarrietLast spring, the council had the option of at least discussing whether or not to reconsider the city attorney contract.  They declined to even pull it off the dissent calendar, even though there was a rising chorus of complaints in the community.

Since that time, the council has gone through a complete turnover in the last two election cycles.  The senior members of council – Mayor Joe Krovoza and Councilmember Rochelle Swanson – were elected in just 2010.

Failed Burrowing Owl Mitigation

BurrowingOwlBy Catherine Portman and Pam Nieberg

Guest Comentary – As many local environmentalists recall, nesting burrowing owls at Mace Ranch were illegally disked into the ground in 2000. As part of the mitigation for this loss, the City of Davis, as the lead agency for the Mace Ranch development project, worked with Yolo County to create a Burrowing Owl Reserve at Yolo County Grassland Park on Mace Blvd. south of Davis.

The Mitigation Agreement (“Agreement for the Management of Burrowing Owl Habitat at the Grasslands Regional County Park” 2004) included a Management Plan (“Yolo County Grasslands Park Burrowing Owl Habitat Management Plan”, Albion Environmental, Inc. September 2004) for the Reserve. The Management Plan requires the vegetation on the Reserve be kept short, as burrowing owls require short vegetation to avoid predators and see their prey in order to survive.

National View: Odds and Ends from Presidential Election

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I hope this is going to be the last column on the Presidential Election.  We will start with a bit of local flavor.  The city of Davis went for President Obama by a whopping 81 to 18 percent margin.

President Obama received 18,397 votes to 4,284 for Mitt Romney.  The county of Yolo went for the President, as well, by a more modest 65 to 31 percent margin.  Without Davis, President Obama still wins the rest of the county, but narrowly, by a 20,000 to just under 15,000 vote margin.

Why is Council Set on a March Election Date?

water-rate-iconIt is quite clear there are still critical details of the water project that need to be decided.  However, if the council wishes to place a measure on next March’s ballot, then it must finalize wording for that measure on Tuesday in order to be able to send it to the county for approval and ballot preparation.

With questions such as rate structure and even ballot measure type (advisory or binding) still up in the air, the real question may be why are we dead set on a March election?

My View: State of Denial

SkewedPollsConservatives for weeks were convinced that there was going to be a Romney landslide, or at least victory, based on a bunch of flawed assumptions and a final decision that when science tells you something that you don’t want to hear, the science is wrong – which has some serious implications for climate change at the very least.

In turns out we can reasonably predict even close elections based on careful polling.  But some did not want to believe it.  After all, they would convince themselves that the economy is horrible, that President Obama was to blame for the economy, and the public would see it their way if they just repeated themselves enough.

Reports of Republican Demise Premature

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By Jeff Boone

Column Right – Pundits on the left are already singing the song of Republican demise unless the GOP migrates more to their worldview.

I say “whoa Nellie” on that tune.  The rhythm is off, and the melody stinks.

VANGUARD VIEW: Measure E Passes, But It’s Time To Address Key Issues in Davis

achievement-gapIn 2007, 2008, 2011 and now twice in 2012 the voters in Davis have stepped up to support quality education.  Some people want to suggest that Measure E was a nailbiter.  It wasn’t a nailbiter.

As Richard Harris told me on Wednesday morning, by any reasonable measure, 69% is a landslide.  We agree and Richard Harris deserves a tremendous amount of credit for pushing the district to act when they would not have, and seeing it through until the end.

Despite Passage of Prop 30 Tuition May Go Up Next Year

UCR-Riot-PoliceThe polls were not looking good for Prop 30, as support was dwindling below the supposed magical 50% line, according to polls released just a couple of weeks before the election.  But when the Field Poll was released, it seemed that the support for the tax measure was holding.

Despite this, many clung to their belief that Prop 30 was doomed.  However, one of the big impacts of this election cycle was an online voting provision that led to a new record amount of voters.  In the coming weeks and months, analysts, pundits and political scientists will be pouring over mounds of new data.

ACLU Files Suit to Block Portions of Prop 35

Prop-35-Sex-traffickingHuman trafficking is a growing problem and Californians overwhelmingly supported the passage of Prop 35, which created harsher sentencing for those involved in human trafficking.

81 percent of the voters supported Prop 35, which will increase fines and prison sentences as well as require convicted human traffickers to register as sex offenders and disclose internet activities and identities.

Davis Teachers Go Public with Their Discontent with DTA Leadership

teacherBy Bill Storm, Ingrid Salim and Greg Brucker 

GUEST COMMENTARY – We go public with this blog the day after California voters have approved Prop. 30, and Davis voters have approved Measure E, both measures being an affirmation of the value citizens place on public education.

Measure E is, in particular, an expression of support from the citizens of Davis who have long acknowledged the unique neglect public education has suffered in California.  That they continue to support their public schools with such commitment and sacrifice in the midst of the Great Recession is humbling, and we are grateful to them for their faith in us.

Does Demonstrating in Front of Polling Place Violate the Sanctity of Voting?

Occupy-Election-DayCOMMENTARY – Even a free society has to draw lines.  We allow freedom of speech to dictate most rules of elections, and rightly so.  However, we also assume that once the voters go into the polling place, they need to be given the time and space to make their own freely-formed decision.

That’s why we have rules that prohibit campaigning within 100 feet of a polling place.  Our assumption is that persuasion has to end at some point, and we do not want voters having to put up with competing campaign claims as they are trying to make the most important decision they have to make for our democracy – at least until the next election.

National View: Further Analysis of Election Outcomes

Morris-DickFor at least the past year, I have believed that this election would be a repeat of 2004 except in the other direction, and for the most part all year that has played out.  Never has that been more evident than the initial post-election analysis, where we see that the Obama team utilized their ground game to perfection to do what everyone believed impossible – pull in new voters and similar numbers of blacks and youths as 2008.

In 2004, it was Karl Rove who was the master, able to rework an electorate in key battleground states like Ohio and Florida, to pull off a victory in the face of heavy disenchantment with the war in Iraq and in the fact of a 2000 election in which, not only did President Bush lose the popular vote, but many believed he would have lost Florida without the intervention of the Supreme Court in Bush v. Gore.