Month: December 2012

Rebutal Arguments on Measure I

ballot-mailOn December 8, the Vanguard ran the Impartial Analysis by City Attorney Harriet Steiner along with the arguments for and against Measure I, the water initiative that will be on the March 5, 2013 ballot.

The arguments in favor of Measure I were signed by the Davis City Council: Mayor Joe Krovoza, Mayor Pro Tem Dan Wolk, and Councilmembers Rochelle Swanson, Lucas Frerichs, and Brett Lee.  The arguments against Measure I were signed by former Councilmembers Sue Greenwald and Michael Harrington, along with Mark Siegler and Michael Bartolic of the WAC, and Pam Nieberg.

Compromise Emerges on Rate Structure that Restores CBFR

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A week ago, Mayor Pro Tem Dan Wolk pushed through the motion that moved the Consumption Based Fixed Rate (CBFR) structure of Loge-Williams off the table, due to concerns that the new proposal might be confusing to voters.

When Councilmember Brett Lee offered a compromise that would allow the WAC to at least reconsider CBFR, Mayor Pro Tem Wolk was firm.  Two days later however, the WAC reiterated their support for Loge-Williams on a 6-3 vote.

Does the Present Structure Render Water Ballot Measure Meaningless?

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Water Rates Would Increase Regardless of Vote Outcome – So far the bulk of the criticism of the city’s surface water ballot initiative by Bob Dunning and others is that the water rates are not on the ballot.

That may not be the only, nor the biggest, flaw with the current ballot schedule, a schedule that has the ballot measure voting close  on March 5, but the Prop 218 rate process close later in March.

Group Plans to Launch Own Initiative, Questions Data Underlying Water Project

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Measure I Opponents Discuss Criticism of Water Project – Most regular Vanguard readers are familiar with the arguments in favor of the surface water project that is going to be on the March ballot for Davis residents.  However, many are wondering how the opposition to the water project will make their case.

As our opening coverage of the water project election, the Vanguard sat down with three representatives of the No on Measure I campaign – former Councilmember Michael Harrington, WAC Member Mark Siegler, and Pam Nieberg, a longtime community activist.

Council Independence and Staff Ingenuity Leads to Possibility For Fire Reform

OvertimeCommentary – Let’s be honest, does it surprise anyone that when the city announced in its council agenda it had reached agreement with three bargaining units on a new contract, that neither Fire nor DCEA were among them?

What we do not know at this point is whether the Davis Fire Department and the Davis City Employees Association are holdouts, believing that they should not have to take the same concessions as the other bargaining units in the community, or whether they are closing in on deals of their own that are comparable to the others.

Outdoor Water Use is a Luxury Regardless of Source of Water

water-rate-iconCOMMENTARY – The argument has been presented that outdoor water use beautifies Davis.  It is an interesting notion, but ultimately I think the argument falls short.

About twenty-five years ago, when I lived in San Luis Obispo and attended high school, there was a lengthy drought.  The result was that most people, due to mandatory water conservation, ripped up their lawns, tore out their water-intensive gardens, and changed to less water-consuming, more drought-resistant ground cover.

Sunday Commentary: The Water Process Needs To Be Fixed Now If the Election Is To Succeed

snake-eyesA little over a year ago, on September 6, 2011, the city of Davis thought it had the ability to push through a water project that had not been appropriately vetted – not by community and not by city staff.  The city council thought this could be done without any sort of rate study or review by independent hands.

The citizens of this community rose up and said no, stop, slow down, study the project.  Partly because they had no other choice, and partly to their credit, the council listened, they backed off, and they created an independent body called the WAC (Water Advisory Committee).

Staff Recommends Three-Person Engines and Boundary Drops

Fire-Davis-StockOn November 13, 2012, Interim Fire Chief Scott Kenley presented an audit of the Fire Department Operations to the Davis City Council.  At the time, the item was informational only.  However, Chief Kenley now comes back to council with an action plan on ways that will offer opportunities for cost savings to the city, while still maintaining a high level of service.

The two biggest of these recommendations are dropping the boundary between Davis Fire and UC Davis, which would allow the closest unit to respond to an emergency situation regardless of whether they happened to be a Davis Fire Unit or a UC Davis Fire Unit.  The second recommendation is a reduction of the level of service from three four-person staffing units, to a Daily Minimum Staffing of eleven, which would include three firefighters on each engine and two on the rescue apparatus at Station 31.

City Reaches Agreement with Three Bargaining Units

contract-stockCity Largely Holds Firm on Structural Reform – The city council has reach agreement with three of its bargaining units – Davis Police Officers’ Association (DPOA), the Program, Administrative and Support Employees Association (PASEA) and the Individual Management Employees on new contracts.

The items are on the agenda for Tuesday’s Davis City Council meeting, where the council will ratify the new agreements.

My View: The Role the Chair of the WAC Played in Undermining Her Committee’s Recommendation

Musser-WAC-8-16There was a critical moment in the city council meeting on Tuesday night when Councilmember Rochelle Swanson, wrestling with the issue of the rate model, asked WAC Chair Elaine Roberts-Musser a simple question – whether the information they were receiving differed significantly from the information the WAC had received the night when they made their decision to recommend the Loge-Williams rate structure.

Now, Elaine Roberts-Musser is the chair of the WAC, but on this issue, she clearly does not speak for the committee.  She was one of two members to vote against Loge-Williams the first time.  She spoke against it as an individual on Tuesday night.  And she is the only member of the WAC to vote against Loge-Williams both times.

National View: Hold Your Children Tight Tonight

school-shootingAs a father, I found myself, as I watched and listened to the reports, holding back tears, thankful that I knew my children were safe and sound.  Realizing how precarious life really is.

National tragedies like these have a natural course.  There is the shock.  There is the dizzying array of reports, most of them conflicting as rumors and innuendo begin to substitute for substantiated facts.  You always hope for the best, but yesterday we learned that if it was not the worst-case scenario coming true, it was its close cousin.

Commentary: Closer to a Workable Plan?

Dunning-12-13-12In his Thursday column, his tenth on the subject of water since November 13, Davis Enterprise columnist Bob Dunning argued that “we’re much closer to [a] workable plan.”

He announced that “Dandy Dan” rescued us all.  Writes the venerable columnist: “Just as it appeared his council colleagues might go over Niagara Falls in a barrel and actually institute a water rate plan where people were billed, without warning, based on the water they used last summer, Councilman Dan Wolk turned on his microphone and said it was time to head in a different direction … acknowledging the unfairness of blindsiding Davis citizens with a rate system they never agreed to, Wolk steered the conversation back into familiar waters and won the day.”

WAC Refuses to Support Inequitable Rate Structure, Backs CBFR

floating-20On Tuesday night, the Davis City Council voted essentially to pull the Loge-Williams Consumption Based Fixed Rate Model from consideration.  Despite repeated efforts by Councilmember Brett Lee to at least allow the WAC to consider CBFR, Mayor Pro Tem Dan Wolk held firm.

However, on Thursday night the WAC proved once and for all that they were not simply a rubber stamp for the council that some, including this writer, feared they might be.

Poll Finds Science Doubters Increasingly Believe World is Warming

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A new Associated Press-GfK Poll released today finds that almost four of every five Americans now believe that temperatures are on the rise and global warming will become a serious problem if nothing is done about it. The GfK Group is Germany’s largest market research institute.

The most interesting finding is within one subgroup – those people who do not trust scientists on the environmental front.

Yolo County Spent More than 1.4 Million Dollars Seeking Death Penalty in Topete Case

Topete-Defense

The case of Marco Topete began in June of 2008, when the parolee led Sheriff’s Deputy Tony Diaz on a high-speed chase that ultimately ended with the tragic shooting of the sheriff’s deputy.

From the time Mr. Topete was arrested and the time that reporters and the public were locked out of the Yolo County Courtroom, until the jury ultimately reached the verdict during the penalty phase to impose the death penalty – there were numerous twists and turns.

Commentary: Bartle Wells Proposal Hurts the Low End User

water-rate-iconEvery time the issue of rate fairness is brought forward, the point is made that the rates are going to up regardless of the structure.  That is absolutely correct.  But it is not the point, either.

We are all going to die one day.  Death is inevitable and unavoidable.  That does not mean that most people are willing to step in front of a bus on their way to work.  It also does not mean that a lot of people do not work hard to eat right and physically exercise in hopes of both prolonging their lives and improving their quality of life during their brief stints on this planet.

Commentary: Council Made the Wrong Political Decision Tuesday night

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Most Ratepayers Will Pay More Under Bartle-Wells Rate Structure – For a moment, forget about the larger issue of whether or not you support the surface water project.  Last night the Davis City Council, by a 4-0 vote with Brett Lee abstaining, decided to pull the Loge-Williams model off the table and look at one of two possible Bartle-Wells fixed rate models – one with a uniform block rate and one with an inclining block rate.

The decision by the council to override the advice, both of the WAC (on an 8-2 vote) and of city staff and consultants, looks like a political move.  Council overtly worried that the rates would be difficult for the average voter to understand.

Fearing Public Confusion, Council Scraps Loge-Williams, Sends Issue Back to WAC

Sacramento-River-stockDespite strong praises for the Loge-Williams Consumption Based Fixed Rate (CBFR) water rate structure, the council, fearing public confusion about their water rates during the election, essentially elected to scrap the model in favor of a more conventional model, at least for the time being, sending the issue back to the WAC for a discussion and analysis on Thursday.

Mayor Pro Tem Dan Wolk fought off several attempts to amend his motion, amendments that would have allowed the WAC to re-consider CBFR.  The council decided, at least temporarily, against a more formalized move toward CBFR in two years after the rate structure will have taken effect. This was pushed through, by a 4-0-1 motion, to have the WAC re-examine the original Bartle Wells proposal.

Did the City Sell Short on Rate-Sharing Agreement with Woodland?

water-rate-iconOpposition Claims City Pays 30% More Per Gallon Under This Agreement – Right before Thanksgiving, Mayor Pro Tem Dan Wolk and Councilmember Rochelle Swanson made their big announcement that Davis had reached consensus with Woodland on a cost-sharing agreement, under which the cities would equally share all non-consumption-based costs and all consumption-based costs would be shared with Woodland taking up 60% of the costs.

In addition, Woodland agreed to pay for a portion of the pipeline – picking up another $3 million, meaning they paid for half of the pipeline that was within Woodland’s urban limit line.

City Does Not Believe Rezoning Target Requires Going Back to the Voters

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The City of Davis, pressed to weigh in on the issue as to whether they would be required to go back to the voters for changes in the Target pad zoning that was placed on the ballot, argued that it was not necessary.  Unlike a Measure J vote, this was simply a voter ratification of the agreement.

They cited, as evidence, the impartial analysis of Measure K, provided by Davis City Attorney Harriet Steiner on August 11, 2006 in which she closed her argument, “Once ratified by the voters, future amendments to Ordinance 2559, if any, would not require voter approval.”