Month: March 2013

Court Finds Plastic Bag Ban Constitutional

plastic-bag-putahAcross the state, counties and cities have passed various ordinances against the provision of single-use plastic bags.  Those ordinances have also faced a series of legal challenges.

Recently the Second Appellate District affirmed the judgment of a Los Angeles County judge who upheld the law.  Challenging it was a group of litigants supported by the Council on State Taxation and the California Taxpayers Association, and defended by not only Los Angeles’ County Counsel, but also by representatives from the League of California Cities and California State Association of Counties (CSAC), along with a number of environmental organizations.

Debate Over GATE Continues to Heat Up

gate

The Davis community continues to weigh in on the issue of GATE, engaging in a spirited and at times contentious debate through letters to the editor and public comment.

Over the past week alone, a number of letters have appeared in the local paper on both sides of the issue.

VANGUARD COURT WATCH: Davis Man Acquitted of Hate Crime

hate-crimeBy Vanguard Court Watch Interns

Kevin McCarty’s trial came to a close on Monday afternoon, when the jury found him guilty of misdemeanor resisting arrest and obstructing a public officer. He was found not guilty of the other counts, including battery of an officer, battery of another person, and a hate crime.

In the early morning hours of May 18, 2012, Mr. McCarty had been celebrating his 21st birthday at Tres Hermanas in Davis when he got into a bar fight with an acquaintance. The victim was identified as a Sikh and wears a turban. During the commotion, the victim’s turban was knocked off when Mr. McCarty took a swing at him. Mr. McCarty, who had blacked out, later refused to cooperate with police. In attempts to restrain him, police slammed Mr. McCarty to the ground and he was knocked out.

Chief Innovation Officer: Bold Move by the City

innovation-technologyMove Demonstrates Davis is Serious About Economic Development – Davis has a reputation for being unfriendly to business, but it is working hard to change that perception.  Last week, the city of Davis and techDAVIS launched what is being described as “a unique public-private partnership to enhance connections between the city and the technology industry.”

The city and the private company will equally share the funding for the new Chief Innovation Officer (CIO) position, which will report directly  to the city manager and “is tasked with working on technology-based economic development throughout the community, branding, advocacy, and partnership enhancement with the business, research, academic, and capital sectors.”

Eye on the Courts: Race and Police Misconduct

racial-profiling“In both cases, the mistreatment of residents stemmed from Davis police officers assuming crimes had taken place and they knew who was guilty – before conducting investigations,” Rich Rifkin writes in his Wednesday, March 6, 2013 column in the Davis Enterprise.

He continues, “They failed to treat residents of our community with respect. They acted aggressively, intemperately and without regard for justice.”

VANGUARD COURT WATCH: Final Witnesses Heard and Closing Arguments for Alleged Hate Crime in Downtown Davis

hate-crimeSikh Culture Expert Testifies

By Charmayne Schmitz

Kevin McCarty, a UCD student, is accused of a hate crime resulting from an altercation with another student at a Davis bar in May, 2012. During a bar fight, he knocked off the turban of a man identified as a Sikh. On Thursday, March 7, an expert was brought in by the prosecution to answer questions about the Sikh religion.

Ashveer Pal Singh is a doctoral student at Stanford and has dedicated himself to studying his own Sikh heritage.  His field studies are carried out in the Punjab region of India, which is 60% Sikh.

Sunday Commentary: Why Measure I Passed

Sacramento-River-stockDuring the last month of the campaign, we believed that the Measure I campaign was in trouble.  They were getting pounded in the press.  In the last month of the campaign, Davis Enterprise columnist Bob Dunning ran negative column after negative column, attacking the fairness of the rate structure, attacking the proportionality of the rates, attacking the city for not paying for their water, on and on.

The public seemed confused and it seemed the confusion would lead to no votes and no votes would lead to the defeat of the measure.  Adding to that, the city and the Measure I campaign itself were slow to respond to these attacks, or to clarify the rate structure and other issues to the public.

Fact Check: Getting School Financing Right

schoolThe issue of High School reconfiguration has emerged in the community as a contentious issue.  The school district, as is often the case, has done itself little favor by delivering mixed messages.

The school district issued a statement through a letter from Superintendent Winfred Roberson, which he also read aloud at Thursday evening’s school board meeting.

City Fiscal Crisis: Not Just a Few Potholes

Pothole-stock.jpgThe idea has come up that the city’s road needs amount to “filling in a few potholes.”  When one hears of a few potholes, one figures this is an aesthetic need or a mere nuisance.

Back in June of 2011, the firefighters’ union president Bobby Weist scoffed at the notion that money needed to be diverted from employee compensation to roads.

My View: Questioning the Toughness of this Council

weistSay what you want about the last council, but they knew they had their three-vote majority bloc on each vote – and if it was going to be a 3-2 vote, they did not fret it.  And so by a series of 3-2 votes, they passed their agenda whether it was the 3-2 vote not to read the Aaronson report, the 3-2 votes to pass the budgets that kicked the can down the road, or the 3-2 vote to kick the water can down the road, as well.

Early on, it seemed like the new council got it.  It was Joe Krovoza, Rochelle Swanson and Dan Wolk who voted 3-2 in June 2011, in a room that was over 90 degrees and packed with 150 city employees, to cut $2.5 million from employee compensation.  That is the type of vote where legends are made, where councils get the reputation for being tough.

Opposition Expressed to Proposed Move of 9th Grade to the High School

teacherOn Thursday afternoon, the Vanguard received a letter from the Holmes Junior High PTA, stating that they have learned that the Davis Joint Unified School District’s Board of Trustees intends to move the 9th grade to the high school for the 2014-15 academic year.

“Holmes PTA opposes 9th grade reconfiguration at this time and voted at our last board meeting on 2/28 against this change,” the letter read. “We strongly believe that the process is being moved forward without the proper notification to and input from the district’s parents, students, staff and teachers.”

School Board Votes to Officially Terminate High School Principal

davis-high-schoolThe Davis Joint Unified School Board met in closed session on Thursday evening to decide the fate of two district employees.  School Board President Sheila Allen announced at the beginning of open session Thursday, “In a unanimous vote, the board took action in closed session to send a notice of release and reassignment which the reassignment goes into effect on July 1, 2013, to two administrative employees in resolution number… 3313.”

A source confirmed that there were only two district administrative employees on the agenda, which means that the board has voted unanimously to terminate Jacqui Moore as the Davis High School Principal effective July 1, 2013.

California Senate Approves Legislation to Urge Federal Plan to Reduce Gun Violence

gunsOn Thursday the legislature passed a slew of bills that would reduce gun violence.  The State Senate voted 24-10 today to approve a measure by Senator Lois Wolk, D-Davis, urging Congress and President Barack Obama to enact a comprehensive gun violence prevention policy that includes prohibiting the sale of military-style assault weapons and high-capacity magazines, and strengthening criminal background check requirements.

“SJR 1 doesn’t change California law. Rather, it aims to bring federal law in line with California law, which already prohibits the possession of assault weapons and large-capacity magazines, requires background checks, and a 10-day waiting or ‘cooling- off’ period for the purchase and transfer of firearms,” said Senator Wolk, Senate Joint Resolution 1’s lead author.

VANGUARD COURT WATCH: Testimony Continues In Alleged Hate Crime Case

hate-crimeby Antoinnette Borbon

The state’s case against Kevin McCarty slowly took a different turn Thursday afternoon as three of the defendants took the stand to tell their account of what happened on the night of May 18, 2012.

First to take the stand this afternoon was Sgt. Ilya Bezloglov of the Davis Police Department. He testified to being called out to the downtown bar, Tres Hermanas, because of an altercation.

UPDATE: Holmes PTA opposes 9th Grade Reconfiguration

davis-high-schoolby Holmes Jr. High PTA

Holmes PTA opposes 9th grade reconfiguration at this time and voted at our last board meeting on 2/28 against this change. We strongly believe that the process is being moved forward without the proper notification to and input from the district’s parents, students, staff and teachers. We cannot find any evidence why the district thinks this move is necessary and a good idea.  We need this process to SLOW DOWN.
There are many questions to be addressed before we can possibly decide what should happen.

Analysis: Is Davis Suffering a Crime Wave? Police Analysis Says No

burglarDavis residents have been increasingly alarmed by a string of burglaries this year.  A few weeks ago, the Davis Police reported on Sunday, February 10, that four residential burglaries and one attempted residential burglary occurred between 4:30 am and 9:30 pm.

The police at that time reported, “Since January 1, 2013, there are been 41 reported residential burglaries in the City of Davis. The burglaries are taking place citywide and continue to have a pattern of entries being made through unlocked doors, windows, and sliders.”

Commentary: Fire Staffing Battle Becomes High Stakes Game of Chicken

OvertimeFor several years now, the Vanguard has been warning the Davis community that the fiscal condition is far worse than most people have been led to believe.  At times, citing our unfunded liabilities in retiree health and pensions, we have suggested that Davis might not be far from bankruptcy.

We now believe that assessment was wrong.  While the unfunded liabilities in both retiree health and pensions are concerning, and need to be addressed through the bargaining process, they are manageable.  Unlike other cities, Davis is not saddled with huge amounts of debt.  It has managed the fiscal crisis not by digging a deeper debt hole, but rather by failing to spend money that it needed to spend but did not have.

Blogging and Political Discrimination

BloggingBy Jeff Boone

I had to stop blogging using my real name.

The reason: because of certain political comments I had made as a private citizen, my company was harmed by a rejection of likely participation in a government-run program.  To prevent future harm, I had to start using a pseudonym.

VANGUARD COURT WATCH: Davis Hate Crime Trial

hate-crimeby Antoinnette Borbon

On Wednesday the state began the first day of a presumed two-day trial of a young defendant accused of assault and a hate crime. The alleged victim testified, as the state’s first witness, in front of a jury in Judge David Rosenberg’s courtroom.

He told the court that he and the defendant were at a local bar in downtown Davis, Tres Hermanas, when the defendant came past him and uttered racist remarks and hit his turban off of his head. He testified he was extremely angry and felt the defendant had intentions of striking him, so he began hitting the defendant first, in what he called a self-defense mechanism.  Once the two became involved in the altercation, bouncers were summoned to break it up. But no blood or bruises were shown on either the defendant or the alleged victim.