Month: September 2013

Sac Bee Editorial Calls Cannery a “Worthy” Project

Cannery-Park-Land-Plan-Feb-2013

Can you imagine an editorial board for a paper the size of the Sacramento Bee writing an editorial urging a relatively small town’s city council to approve a relatively modest housing project?  It is difficult to picture a major newspaper writing about any other community’s housing development, as the Bee writes about Davis’ Cannery project.

And yet here we are in this morning’s paper, with just such an editorial.  We are talking about a 547-unit project with some commercial elements on 7 of the project’s 100 acres.

Eye on the Courts: Long Prison Sentence in Vehicular Manslaughter Case – But Not What You Think

crash

It was a tragic accident on I-5 in Woodland on August 8, 2011, that left three people dead and seven others with serious injuries.  The Yolo County District Attorney’s office put the blame on “one man and one man only,” Gubani Roderico Rosales Quinteros.  The 42-year-old faced three felony counts of vehicular manslaughter with gross negligence.

After a juror hung the trial the first time, the case went to a court trial back in July, with Judge Mock ruling in favor of vehicular manslaughter but without the gross negligence charges.

Commentary: The Problem with the Not Guilty by Reason of Insanity Plea

Napa-State-HospitalBy Dan Williams

Last week summed up the trial of one Casey Humphrey. Casey is an adult living with Paranoid Schizophrenia. When he was young, 10 years ago, he would get into fights with his father. It was during one of these particularly volatile episodes that he inflicted stab wounds on his father. His father was treated and released. Casey was not so lucky. Casey was charged with enough to land him a maximum sentence of 10 years in prison.

At this point Mr. Humphrey had a choice, he could go to trial, potentially face more charges and the aforementioned sentence; he could make a plea bargain, probably reducing the sentence, but still not getting the attention he needs while in prison; or he could plead not guilty by reason of insanity. He entered the NGI plea.

Sunday Commentary: When Did the Vanguard Become the Voice of Restraint?

murder-davis-4

In year eight now of our operations, we find ourselves in the middle of an interesting juxtaposition, with the Davis Enterprise taking on heavy criticism for their coverage of the Daniel Marsh trial, and the Vanguard sitting back, having made the decision that we did not have to print every graphic detail of the troubling case.

When the Vanguard argued that the courts needed to be open to the public, we did so with the principle that an open courtroom prevents the government from abusing the rights of the accused.  However, we also believe that with freedom comes responsibility, and we believed that we could paint an accurate picture of the troublesome case without the graphic details.

Commentary: Assuming the Worst Motivations

woodburningBy Matt Williams

In Saturday’s article David Greenwald observed,  “As I read the back and forth the other day and was prompted by members of my editorial board, I realized that we have all fallen into the trap of believing the worst of people’s motivations who disagree with our own viewpoints or vision for the future.

I believe that observation was particularly timely following on the heels of the 96-comment back and forth in the prior day’s Council to Consider New Wood Smoke Nuisance Ordinance article.  Starting from the very first comment, the dominant theme was mistrust and active questioning of the motives of the various interested parties on all sides of the issue.

TODAY at 5 PM: New West Sacramento Police Chief McDonald Speaks at Vanguard Court Watch Council Meeting

Vanguard-Court-Watch

Date: September 22, 2013
Time: 5:00 to 7:00 PM
Location: 1212 Merkley Ave , West Sacramento
Yolo County Library WEST SACRAMENTO Branch

On Sunday, September 22, 2013 from 5:00 to 7:00 PM at the West Sacramento Library located at 1212 Merkley Avenue in West Sacramento, the Vanguard Court Watch Council of Yolo County (VCWCYC) is inviting the public to come forward to express their concerns about the judicial system, provide testimony. Newly hired West Sacramento Police Chief Tom McDonald will be present to community concerns and provide information to the public.

My View: Slow Growth and the Vision for the Future

Morris-1I have often read the arguments that paint the slow-growth position as a fundamentally selfish position – I have mine, they can’t move in, or the motivation is to protect one’s property value, or people are afraid of change and motivated by fear.

As one poster put it, “There is an assumption by some that advocates for slower growth are doing it out of a sense of greed rather than a sense of community purpose.”  This belief was bolstered by a poster who noted that another poster’s “rejection of certain business growth might be related to his concern about the cost of labor increasing for his business.”

Council to Consider Variable Solid Waste Rates

dwrBack in July, the city council approved a Prop 218 notice for a residential variable rate structure that would set differential rates based on three sizes of garbage carts.

The basis for this change, according to staff, was that “residential variable rates were common in the region, variable rates can be an effective tool in helping communities meet their increased waste diversion targets, and charging a flat rate for all cart sizes does not reflect the actual costs of solid waste services.”

City Staff Projects Positive Economic Impact for Cannery

Cannery-Park-Land-Plan-Feb-2013

Model Heavily Dependent on Water and Personnel Costs Being Properly Addressed – On Monday the city’s Finance and Budget Commission will receive the preliminary analysis of the Cannery Fiscal Model.  Staff writes, “The Cannery development is the first project to have its fiscal impacts modeled with the City’s updated Fiscal Impact model. The fiscal model attempts to create a reasonable representation of the General Fund impacts of new development.”

While acknowledging that “there is no way for a model to completely predict the future,” city staff concludes “on balance, this project would be expected to generate a positive net general fund balance at buildout.”

Council to Consider New Wood Smoke Nuisance Ordinance

woodburningBy Alan Pryor

The City of Davis had a municipal wood burning ordinance in place for a single wood burning season in 2012-2013. This ordinance prohibited use of non-EPA compliant wood burning devices or pellet stoves when the Yolo Solano Air Quality Management District (YSAQMD) issued a voluntary “Don’t Light Tonight” alert during the November 1 through February 28 wood burning season (120 days). The “trial” ordinance expired on March 1 after one season.

The Davis Natural Resources Commission (NRC) was tasked by Council with evaluating the overall performance of that ordinance in reducing “nearest neighbor” impacts of wood smoke on residents. They were directed to report back to the Council as to the effectiveness of the program and to provide recommendations for a future ordinance. The results of that study are summarized here along with the NRC’s recommendation for a different “nuisance”-based ordinance to be implemented for the upcoming 2013-2014 wood burning season.

Closing Arguments and a Hung Jury in Napa Extension Case

Napa-State-HospitalBy Catherine McKnight

On Wednesday morning the court heard closing arguments in People v. Humphrey. The state is seeking a re-extension on Casey Humphrey’s commitment at Napa State Hospital. The key question surrounding this case: “Is he a harm to others?” It is not about guilt or innocence, which Judge Paul Richardson made clear to the jury.

In his opening, DDA Gorman said that the “bottom line” is that Casey Humphrey “is apparently schizophrenic with little or no insight into his mental illness.” Because of this, he said, this makes him a substantial threat to others.

Commentary: The Debate over Densification

missioin-residence

There is a fascinating piece in the Public CEO this week that looks at the war between city leaders and city dwellers on densification.  “City Leaders Are in Love with Density but Most City Dwellers Disagree” takes an international view of densification efforts, but also presents some interesting nuggets for us to digest as well, and that should become part of the public discourse and discussion.

Joel Kotkin, a Distinguished Presidential Fellow in Urban Futures at Chapman University, and a member of the editorial board of the Orange County Register, writes of the “growing disconnect between people and planners,” which he says “is illustrated by the oft-ignored fact that around the world the great majority of growth continues to occur on the suburban and exurban frontier, including the fringes of 23 out of 28 of the world’s megacities.”

Critical Mass

GeogjobsBy Rob White

I was sent an article today by one of our local business people that is also a booster of the tech sector here in Davis. The article was authored by Enrico Moretti and published in the Wall Street Journal on September 17, 2013. Mr. Moretti is currently a professor of labor economics at the University of California, Berkeley, and the author of “The New Geography of Jobs” (Houghton Mifflin, 2012).

The title of the article struck me since we have been discussing on this blog the merits of the economic benefits of technology companies in Davis… the title is Where the Good Jobs Are – and Why: When a high-tech company hires one person, five other new jobs follow.

Prosecution Seeks Extension on Man’s Time in Napa State Hospital

Napa-State-HospitalBy Catherine McKnight

A special proceeding jury trial began Tuesday morning in the case of People v. Humphrey. Casey Humphrey, the defendant, has been in Napa State Hospital since he was in 18 in 2002, and is eligible for release in November of this year. The people believe he is not ready to be released and still poses a “substantial threat” to others.

The court heard opening statements from Deputy District Attorney Robert Gorman and Deputy Public Defender Bret Bandley.

Commentary: Pay Raises and Representation

Council-2012-Davis-sign

In 2010, the Davis City Council was represented by two retired people, a third person who did not work, a business owner who took considerable business cutbacks in order to serve the community, and a relatively young politician who worked full time while serving on the council.

Three years later, the Davis City Council has completely turned over and the makeup of the council has changed drastically.  The oldest councilmember now is 50, whereas before, there was only one member below the age of 50.  All five councilmembers now work a full-time job in addition to their council duties.

Commentary: Unequal Justice in the Garzon Plea Agreement

vigil-partida

I have had the pleasure of getting to know the victim in this case, Mikey Partida, and his family.  Everyone responds differently when the unexpected strikes and, for the Partida family, they decided to get involved in community activism to ensure that this never happens to another person.

I greatly respect Gloria Partida, the mother of Mikey Partida, and her commitment to her family and her community.  I understand why they wanted to put this behind them, I understand that getting the hate crime enhancement was vitally important to them, and I understand when they say that they are at peace.

School District Sends Letter to Parents, Concerned About Impact of Press Accounts of Murder Proceedings

DJUSD

On Tuesday afternoon, the Davis Joint Unified School District sent the following letter to parents via email:

“This weekend the Davis Enterprise published a detailed and potentially traumatizing recount of a public pretrial proceeding.  Other media sources, including television, newspaper and social media have also made similar reports,” the letter from Jen McNeil, DJUSD Prevention & Crisis Manager, said.

Garzon Pleads to Battery, Hate Crime Enhancement, Gets 5 Years in Local Custody

Mikey

Clayton Garzon, whose brutal beating of Mikey Partida, while shouting anti-gay epithets, horrified and captivated the Davis community last spring, has plead no contest to two counts and will receive a five-year prison sentence, to be served at the Yolo County Jail.

Under the terms of the plea agreement, Mr. Garzon plead no contest to battery causing serious bodily injury and a hate crimes enhancement.

Analysis: What Path Should Davis Go to Generate Revenue?

Morris-1

Back during the June budget talks, City Manager Steve Pinkerton noted, “For a city of this size, with the amenities that we have, I don’t think we have as much a spending problem here as we do a revenue challenge in the future.”

It dove-tailed on the discussion he had had at the Avid Reader with Mayor Joe Krovoza the month before.

Legislation to Reduce False Confessions Awaits Governor’s Signature

interrogatorLast week we heard the testimony of Ariel Pineda, who testified that he had performed the interrogation of Daniel Marsh – who was 15 at the time of the crimes and had just turned 16 when questioned by Detective Pineda.

He testified that it was about a four-hour interrogation – it was apparently performed with an FBI agent present, but without the presence of an attorney.