Month: August 2013

My View: Is City Flagging Its Support For Affordable Housing?

My View: Is City Flagging Its Support For Affordable Housing?

By David GreenwaldAugust 24, 201370 comments

AffordableHousing

As the Davis City Council finally emerges from its summer doldrums, it will have many issues on its plate.  However, one issue that it already decided will begin to have some major impacts.  Back on July 9, by a 3-2 vote, the Davis City Council made critical changes to its Affordable Housing Requirements that would allow credit for Accessory Dwelling Units (Granny Flats or ADUs) to count toward inclusionary requirements on a 50 percent basis.

In the wake of the loss of RDA funding, the city has limited options, given Measure R’s limitations for new large housing projects on Davis’ periphery, city officials successfully argued.

Staff Recommends Denying Rancho Yolo a Special Water Rate

Staff Recommends Denying Rancho Yolo a Special Water Rate

By David GreenwaldAugust 24, 20135 comments

rancho-yolo

Staff is recommending the city council deny the request of Rancho Yolo to create a special water rate class, following discussions during and after the election in which leadership of the mobile home park proposed to have their water rates increase by the same percentages as single-family residential rates.

The controversy began publicly in February, when Rancho Yolo President Jerry Hallee wrote, upon seeing the city’s proposed water rates, “We were shocked, then angry, because the consequence of applying the MFR to Rancho Yolo makes the average Rancho Yolo household – senior, fixed-income, single-resident home – pay hugely more than the SFR household.”

Congressman Garamendi Decries Costly Bay-Delta Plan in Community Meeting

Congressman Garamendi Decries Costly Bay-Delta Plan in Community Meeting

By uptownstudiosAugust 23, 20137 comments

bay-delta

Before a packed and lively audience of Glenn and Butte county residents, Representative John Garamendi (D-Fairfield, CA), President Bill Clinton’s former Deputy Interior Secretary, explained yesterday why the Bay Delta Conservation Plan (BDCP) would be a costly and counterproductive policy for California to pursue.

“The twin tunnels proposal is a $25 billion boondoggle paid for by the middle class taxpayer and water users. However, it doesn’t even create one new drop of water,” said Representative Garamendi while debating a representative from the Governor’s office. “This plan would take 100,000 acres of prime agricultural land in the Delta out of production so that 100,000 acres of marginal desert land in the San Joaquin Valley can continue to produce heavily subsidized crops.”

Eye on the Courts: Times Have Changed, DA Needs to Change with Them

Eye on the Courts: Times Have Changed, DA Needs to Change with Them

By David GreenwaldAugust 23, 201319 comments

rice-bowlThis week we saw, once again, a man facing felony charges in Yolo County for a miniscule petty theft.  In this case, the man faced a felony charge, accused of stealing a rice bowl from the Nugget Market in Davis.

Under California law, petty theft with a prior is a wobbler – it can be charged as either a felony or a misdemeanor, with the DA having the discretion of charging it as either.  However, Judge Richardson used his discretion to reduce the charge to a misdemeanor.

Analysis: Should the City Undertake a New Citizen-Based General Plan Update?

Analysis: Should the City Undertake a New Citizen-Based General Plan Update?

By David GreenwaldAugust 22, 201321 comments

covell_village-600The city of Davis has been undergoing major changes in the last year or two.  As the city undergoes a change of direction on economic development, it needs to reach some sort of consensus on future growth and the issues of affordable housing, infill and peripheral development.  Now might be the right time to approach the question about a General Plan update.

Like so many things, the past council and city management made some critical errors in their approach to the last General Plan.  The result was that, while they may have been able to ram through the process by a 3-2 vote, there was not a community consensus of backing for them.

VANGUARD COURT WATCH: Michael Perez Cops to Reduced Sentence in 2001 Murder

VANGUARD COURT WATCH: Michael Perez Cops to Reduced Sentence in 2001 Murder

By David GreenwaldAugust 22, 201311 comments

yolo_county_courthouseBy David M. Greenwald

Last week, the mother of Michael Perez, Regina Roxanne Perez, was acquitted of perjury stemming from answers she gave in response to a jury questionnaire for the Marco Topete trial back in 2011.  A week later, Michael Perez, whose 2001 murder conviction was overturned in 2010 and sent back to Yolo County, was in Yolo County court and copped to a reduced plea.

Mr. Perez pled no contest to second degree murder and a reduced enhancement for personal use of a firmarm.  He would receive from Judge Mock an 18-year to life sentence.  With his time in custody since 2001, he will be eligible for parole in the relatively near future.

Transitions

Transitions

By uptownstudiosAugust 22, 20139 comments

collegeBy Rob White

This week is a significant week in the White household. My oldest is starting as a freshman at Chico State, and this is the week to move him in to the on-campus dorms. So tomorrow we will pack everything he needs for the year in to my car and head out.

This life event has caused me to reflect a lot this week. I’ve been thinking back to my first day at Chico, back in the late 80s, and I can vividly remember my parents pulling up to my dorm. It was a big turning point for all of us in my family. I was the first person on either side of my family to go to college, as far back as anyone knew or could remember. That’s at least five generations. My sister was sad and angry. My mom was nervous and worried. And my dad was stoic.

Analysis: Full Ballot Awaits Davis Voters, Next on the Agenda, Sales Tax Hikes

Analysis: Full Ballot Awaits Davis Voters, Next on the Agenda, Sales Tax Hikes

By David GreenwaldAugust 21, 201359 comments

parks-tax

Yesterday we highlighted four possible initiatives that could be on the ballot by June 2014.  While you may be overwhelmed at that prospect, in a way we actually underplayed our cards by looking only at four possible citizen-based ballot measures.  Again, right now, we only see the water initiative and a Cannery referendum as likely.

However, that is just the tip of the iceberg as to what faces Davis voters.  Right now, it looks like the primary battle is between Joe Krovoza and Dan Wolk – and, oh by the way, there is also Matt Pope, Anthony Farrington and Bill Dodd in that battle.

Judge Holds Man to Answer to Kidnapping and False Imprisonment Charges

Judge Holds Man to Answer to Kidnapping and False Imprisonment Charges

By David GreenwaldAugust 21, 20132 comments

Yolo-Count-Court-Room-600A Woodland man, Justin Garcia, will face trial on charges of kidnapping, false imprisonment, child endangerment and resisting arrest following Judge Fall’s ruling after a preliminary hearing on Friday, which showed wildly divergent testimony between YONET officers who arrested Mr. Garcia on November 10, 2012, and eyewitness accounts of the supposed victims.

Judge Fall called the kidnapping charges unusual in that they involved fear rather than force, but noted that the statute does not require a particular level of fear that compels the victim to comply.  He said it will be up to a jury to determine whether the facts in this case constitute kidnapping and false imprisonment.

Analysis: Davis Faces Four Potential Single-Issue Ballot Measures

Analysis: Davis Faces Four Potential Single-Issue Ballot Measures

By David GreenwaldAugust 20, 201398 comments

Initiatives

In late July, Ernie Head and Pam Nieberg submitted a letter to the city of Davis indicating their Notice of Intent to Circulate Petition for the city of Davis.  Little did we realize at the time, this move may yet set in motion a cascade of voter initiatives that may take us into the next year.

In a recent conversation, it was pointed out that there are now four potential ballot measures looming in Davis on issues of: water rates, fluoride, Cannery, and plastic bags.  Here we assess the likelihood of a matter ending up on the ballot and the probability of success at the polls.

Man Acquitted on Felony Battery of Police Officer, Convicted on Misdemeanor Charges

Man Acquitted on Felony Battery of Police Officer, Convicted on Misdemeanor Charges

By Vanguard Court Watch InternsAugust 20, 20139 comments

yolo_county_courthouseby Antoinnette Borbon

The verdict came in Monday morning in the case against Joel Verbish, who faced seven felony charges, the worst being felony battery on a police officer, evading police and assault on a nurse. The other charges included reckless driving.

The jury would acquit Mr. Verbish of all the felony charges and instead find him guilty on misdemeanor charges of resisting or delaying a police officer, and resisting or obstructing a police officer.

Analysis: Circulation Holds the Key for Cannery

Analysis: Circulation Holds the Key for Cannery

By David GreenwaldAugust 19, 2013100 comments

Cannery-Park-Land-Plan-Feb-2013

In our scenario where Cannery ends up on the ballot for the voters to decide, the critical swing issue might be traffic and circulation.  The project itself, nestled against the railroad tracks, presents a logistical challenge without western access.  In addition, to the east is the Covell Property, and right now it is preventing eastern access.

That means all access to the project is on the southern end, on Covell Blvd.  The bicycling community has pushed for two access points that could take bicyclists under Covell Blvd onto existing bike paths, but those access points are also problematic.

Eye on the Courts: Murder Trial Must Stay Open

Eye on the Courts: Murder Trial Must Stay Open

By David GreenwaldAugust 19, 20135 comments

Davis-Murder-3

The Vanguard this week will file a motion with the court, intervening to keep the courtroom open for the murder trial of Daniel Marsh.  The Davis Enterprise and Sacramento Bee have already indicated they will be filing motions, as well.

We understand the rationale for the defense’s motion.  His attorney believes that the media coverage, which includes the prominence of the victims in the Davis community and details about his family’s troubles and mental health history, has made it difficult for him to receive a fair trial.

Sunday Commentary II: Did School Board Panic Unnecessarily on the Parcel Tax?

Sunday Commentary II: Did School Board Panic Unnecessarily on the Parcel Tax?

By David GreenwaldAugust 18, 201318 comments

teacherGiven the Severability Clause, the District Should Have Taken this to Court: On Thursday the school board quietly, before school started, made a huge change to the parcel tax in hopes of warding off a legal challenge.

Measure E was passed by voters on November 6, 2012, by a 69-31 margin and would have charged local single-family homes and multi-unit dwellings at different tax rates.  Measure E was a parcel tax designed to offset the continued loss of state funding and maintain the educational programs at a level Davis citizens have come to expect.

Sunday Commentary: Can Bipartisan Support for Reform End Mass Incarceration?

Sunday Commentary: Can Bipartisan Support for Reform End Mass Incarceration?

By David GreenwaldAugust 18, 201313 comments

prison-reformFor the first time this week, the door is open for the possibility of meaningful prison reform.  Earlier this week, Eric Holder, the much-criticized US Attorney General, speaking at the American Bar Association, said the words that many have been waiting to hear since the Obama Administration began in 2009: “Too many Americans go to too many prisons for far too long, and for no truly good law-enforcement reason.”

His speech and modest policy change marks only the beginning.  As the Economist wrote this week, “America has the world’s largest prison population. China, which has more than four times as many people and nobody’s idea of a lenient judiciary, comes a distant second. One in 107 American adults was behind bars in 2011 – the highest rate in the world – and one in every 34 was under ‘correctional supervision’ (either locked up or on probation or parole). A black man in America is 3.6 times more likely to be incarcerated than a black man in 1993 in South Africa, just before apartheid ended.”

Commentary: Another Look at the Downtown Parking Situation

Commentary: Another Look at the Downtown Parking Situation

By David GreenwaldAugust 18, 201353 comments

parking-garage-dt

I read with some interest Doby Fleeman’s op-ed today on downtown parking, in which he writes, “In an opinion piece last week, the communities of San Luis Obispo and Boulder, Colo., were shown as shining examples of how paid parking can be a positive means to ensure at least one free spot per block while providing ongoing revenue for transportation-related initiatives.”

Mr. Fleeman continues, “Comparison with these cities is useful, framing a larger discussion in our community about two issues: 1) an understanding of Davis’ role in the regional economic structure and 2) our ability to finance municipal services and essential infrastructure.”

My View: Should We Put Plastic Bags on the Ballot Too?

My View: Should We Put Plastic Bags on the Ballot Too?

By David GreenwaldAugust 17, 201367 comments

plastic-bag-putah

I was reading a rather pointed letter to the editor of the Enterprise suggesting that “[t]elling some businesses they may no longer use plastic bags versus telling all businesses they may no longer use plastic bags is selective fascism versus total fascism.”

They then proceed to argue, “Democracy means that the people decide! Put plastic bags in Davis to a vote of the people of Davis!”

School Board Preemptively Modifies School Parcel Tax

School Board Preemptively Modifies School Parcel Tax

By David GreenwaldAugust 17, 201325 comments

school

In June the Supreme Court issued a ruling on  the Alameda Unified School District’s parcel tax that Superintendent Winfred Roberson acknowledged would impact the pending legal challenges with Measure E.  At the time they hoped that the legislature would be able to pass a bill that would bring about a more favorable resolution to the district’s pending legal matter.

The legislation has stalled, and with the pending challenge in the court filed by Jose Granda, Thomas Randall and Janet Zwahlen, the district on Thursday decided to be proactive and alter the portion of the parcel tax impacted by the court ruling.

Accusation of Prosecutorial Misconduct Highlights Closing Arguments

Accusation of Prosecutorial Misconduct Highlights Closing Arguments

By Vanguard Court Watch InternsAugust 17, 201315 comments

yolo_county_courthouseby Antoinnette Borbon

Testimony continued Thursday with more lengthy testimony by both California Highway Patrol Officer Charles Anderson and Dr. Juliana Rohrer in the case of Joel Verbish being charged with felony evading a police officer and battery and assault on a police officer.

Officer Anderson is one of the officers who apprehended the defendant, and who had sustained a back sprain in the struggle to gain control of the defendant. Mr. Verbish faces seven counts, a few of which pertain to the injuries to Officer Anderson and Nurse Darrell Turner. It was the defense’s contention that the injuries did not result in treatment and that officers may have used excessive force on Mr. Verbish.