Month: June 2013

Sunday Commentary: A Dereliction of Duty by the Council to the Public and City Employees

firefighters-friends-of-2

Conversations are always better when they are two-way conversations rather than one-way, and so I urged former City Councilmember Stephen Souza to follow through with his promised follow-up post from Friday or, even better yet, to submit to going on the record and face what will admittedly be tough and at times unpleasant questions about his role in the cover up of the fire report.

Stephen Souza, to whom I give credit for coming on the Vanguard at all, said, “I will in a short while speak to this scurrilous attack upon my integrity in carrying out the over site of city personnel through our only 2 directly hired personnel, the City Attorney and the City Manager.”

City Council To Decide on Plastic Bag Ban Ordinance

plastic-bag-putah

Back in February, the Davis City Council directed staff to hold off on CEQA documentation to see what would happen at the state level with regard to the implementation of single use plastic bag legislation.  While several bills were under consideration at the legislative level, the legislature killed several of them and it appears that they will not act on any legislation this session.

Based on that, staff is presenting a schedule for the Davis City Council to move forward with consideration of a local ordinance that would regulate single use carry-out bags, similar to efforts in communities throughout California.

My View: Despite WAC Endorsement, Fluoridation is Going Nowhere

fluoride-water

Given the composition of the WAC, the 6-1-1 vote in support of fluoridation was hardly surprising.  Still, for reasons I have laid out in previous columns, I simply do not believe that the Davis City Council is likely to want to touch this one.

After watching the Thursday discussion on streaming video after the fact, I tend to side with Mark Siegler, who abstained from the vote, wondering what the WAC’s qualifications were to render a decision.

Ninth Circuit Lifts the Stay, Governor Brown Directs Department of Health to Commence Same-Sex Marriages

Freddie-Rocks

In an interview with Yolo County Clerk Freddie Oakley that will be run on Monday, she told the Vanguard on Friday morning that she expected the stay to be lifted within 23 days.  Little did she realize that just a few hours later, the Ninth Circuit Court of Appeals would lift the stay on same-sex marriages just days after the court declined the appeal based on a lack of standing.

In a single line, “The stay in the above matter is dissolved effective immediately,” the court effectively removed the remaining barriers to legal, same-sex marriages in California.

City Pulls Back on Private-Public Partnership Amid Concerns of Conflict

innovation-technologyThe firm techDavis, citing potential conflicts of interest, is pulling back funding for the Chief Innovation Officer position in order to avoid any potential conflicts or perceived conflicts of interest.

Staff believes that “funding the position solely from city funds will provide an added benefit to the City by removing any financial connection between the funding of this position and the business community, thereby removing any perceived conflicts of interest between the position and the mission of the Chief Innovation Officer.”

District’s Letter on Murder Triggers Criticism, Concern

holmes_jhsA couple of letters from the school district, regarding the recent arrest of a 16-year-old Davis resident charged with the murders of prominent Davis residents Oliver Northrup and Claudia Maupin, triggered concern from some residents who felt that the messages seemed more geared toward covering the district’s track record, saying “we didn’t do anything wrong” rather than acknowledging potential problems in the district.

One letter that was sent last week to all DJUSD families from Superintendent Winfred Roberson stated, “As you are probably already aware, a Davis teenager was arrested on suspicion of a double homicide that occurred last April.  To some degree, such news affects everyone in our community–students, families and staff members alike.”

Clarifying the Extent to Which Council Was Kept in the Dark on the Fire Report

firefighters-friends-of-2Read the Full Unredacted Fire Report at the bottom of the article – This week Rich Rifkin tells the tale of “When union money corrupted the Davis City Council.”  Mr. Rifkin writes that, in the seven decades since Mayor Calvin Covell’s resolution “which urged the prohibition of Japanese nationals and Japanese-American citizens,” “I know of no lower ebb for our Council than the night of Dec. 9, 2008.”

That was the meeting where the council majority voted to bury the report by Bob Aaronson.

Commentary: Jurors Side With Kleinsasser, Set Him Free

Napa-State-Hospitalby Antoinnette Borbon

It was a day filled with deep emotion for a few of us while listening to both closing arguments in the case of Zacharius Kleinsasser.   Mr. Kleinsasser was brought to trial for a recommitment in Napa State Hospital.

On Wednesday, Deputy DA Rob Gorman delivered a brief closing which was very similar to his opening statement earlier this week.  Mr. Gorman reminded the jury once again of the three elements to be met by the state.

Special Commentary: Would Measure I Have Passed Had the Public Known the True Budget Impact?

parks-taxAt Tuesday’s Davis City Council meeting, City Manager Steve Pinkerton said, “I don’t think we have as much a spending problem here as we do a revenue challenge in the future.”

He has a point.  The projected revenue growth is still sluggish into the future.  From 2013 to the 2017-18 budget, a four year budget period, the city manager is only projecting just over 8% in revenue growth.  That’s about 2 percent per year.

Analysis: Court Uses Standing Issue to Punt on Main Prop 8 Question

gay-marriage-badge.jpgThere has been a lot of talk following the Supreme Court ruling on the Prop 8 case about the issue of standing.  Some have suggested that Governor Jerry Brown screwed up by refusing to defend Prop 8 (along with Kamala Harris, the Attorney General).  My take on this issue is that the Supreme Court used the issue of the lack of standing to cop out of ruling on the broader question – that of constitutionality of bans on gay marriage as a violation of equal protection laws.

Peter Scheer, whose work with the First Amendment Coalition I admire, writes, “While I take no pleasure in saying ‘I told you so,’ this outcome, resulting from a political miscalculation by Jerry Brown, was predictable and predicted.”

People Matter

agtech_homeby Rob White

This week, the Davis and Sacramento entrepreneur communities received some incredibly sad news.  The passing of Wil Agatstein, executive director of the UC Davis Child Family Institute for Innovation and Entrepreneurship, was unexpected and certainly a huge loss to the region.

Though I had not yet been able to work with Wil very much in my new role, I instantly realized the significant impact from the news. His research and reputation in the innovation and entrepreneur community was amongst the best.

COURT THROWS DOWN DOMA, CLEARS WAY FOR SAME-SEX MARRIAGE IN CALIFORNIA

gay-marriage-badge.jpgCourt Sidesteps Broader Issue of Constitutionality in Prop 8: In the end, the court narrowly struck down DOMA 5-4 while it punted on the broader question of Prop 8’s constitutionality and simply argued that defenders lacked standing to back the 2008 Constitutional Amendment in California.

In striking down the Defense of Marriage Act, Justice Anthony Kennedy wrote the majority opinion joined by the four liberal justices.

Another Sobering Budget Picture for City of Davis

Budget-2013-2

You would think at some point things would turn the corner for the city of Davis in terms of its budget picture, but the cold reality once again rained home on the council.  Much of this is occurring after the city has made a series of tough choices – reining in spending, overhauling pensions and retiree health, cutting staffing, and restructuring existing staffing to give the city more bang for its buck and flexibility.

At the same time – like the water project or hate it – there is no doubt that the impact of the decision to go forward with the surface water project is, at least in the short term, going to make things more difficult.  First, there are serious general fund costs to budget and, second, the accompanying rate hikes will make it more difficult for the city to gain additional revenue.

CH2M Hill’s Fraud

CH2m-Hill

Following the announcement last week that CH2M Hill is the sole water contract bidder remaining in the DBO process, a light of scrutiny naturally begins to shine on the company.

Not missing the opportunity, Davis Enterprise columnist Bob Dunning writes in his Wednesday column, “So, it turns out the sole remaining bidder for the Woodland-Davis water contract and our hard-earned dollars that come with it is a Colorado-based outfit named CH2M Hill that recently admitted to its role in defrauding the federal government at the former nuclear weapons complex in Hanford, Washington.”

Recommitment Trial Moves Into “Cuckoo’s Nest” Territory

Napa-State-HospitalBy Antoinnette Borbon

As the day began with the continuing testimony of the state’s witness, Dr. Skillie, it rapidly began resembling a long ago movie, “One Flew Over the Cuckoo’s Nest,” starring Jack Nicholson. In the movie, actor Jack Nicholson was depicted as “being crazy and out of control, by staff,” but really was not.

Cross-examination by Deputy Public Defender Dan Hutchinson began this morning with the questioning of the medical reports.

Mace Curve and the Community Farm as a Sustainable Feature of the Ag-Urban Transition

Community-Farm

During the discussion on the Mace Curve 391 parcel, the issue of a community farm came up, mostly coming from comments from the members of the Open Space and Habitat Commission.  The concept of the community farm seemed to catch several councilmembers and staff members off guard, but the Vanguard, in doing a record request with the city, learned that this is far from a new concept.

In fact, the community farm concept was discussed at least as early as the Covell Village discussion back in 2004, with early iterations going back to 1989 and 1990 with the introduction of the concept of a transition zone from housing to agriculture at the urban edge, which led to the City adoption of the land use designation Urban-Agricultural Transition Area (UATA).

Analysis: Overall Supreme Court Ruling a Mixed-Bag For Civil Rights Advocates

affirmative-actionIn the 1990s, it appeared that a conservative tide was moving through on social issues.  In 1994, California overwhelmingly passed Prop 187, adding severe restrictions on benefits to illegal immigrants and their children.  In 1996, the state passed Prop 209, ending affirmative action in California.  And the state also passed a proposition banning gay marriage, which was followed by federal legislation like DOMA.

Even the much ballyhooed “Don’t Ask, Don’t Tell Policy” was, at best, a compromise on gays in the military.

Should Defendant Be Recommitted to Napa State Hospital?

Napa-State-Hospitalby Antoinnette Borbon

It was an interesting day today in Department 4, Judge David Rosenberg residing, to hear the state’s case for re-committing a defendant to Napa State Hospital.

Zacharius Kleinsasser was found not guilty for reasons of insanity back in 2003. In opening statements made by Deputy District Attorney Rob Gorman, he explained to the jurors they would be deciding on the facts and whether the state has met its burden of proof beyond a reasonable doubt that Mr. Kleinsasser is a danger to society.

Special Commentary: DBO Process Successful or a Failure?

cdm

The idea of a competitive bid process is that the competition for the awarding of the bidding will create an incentive structure that forces the competing firms to find the best way to construct a project at the most competitive price they can reasonably offer, while still making an acceptable profit.

In order to work properly, such a model requires there to be sufficient competition to drive down the costs and force innovation.  But from the start that was a difficult process, because the Woodland-Davis Clean Water Agency wanted to use a Design-Build-Operate process.

Krovoza Has Formal Announcement and Puts Out Issue Positions

Joe-SpeaksThis weekend Joe Krovoza formally announced his run for the Assembly, citing his “20-plus years of volunteerism and public service in Yolo County through election to represent the 4th Assembly District in the state legislature. “

Mayor Krovoza  has led the City of Davis as its 34th mayor since 2011.  He was elected in June 2010 to a four-year term on the Davis City Council, which he will complete in full.