Month: October 2013

Council Cracks Door Open Slightly to Mace 391

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Staff Gets an Earful on the Breakdown of Transparency Back in June – The agenda item may have said informational, but the decision that the council would make on Tuesday night was critical to the future of the possibility of a business park at Mace 391, or at least the discussion of its possibility.

The council would open that door by a 4-1 vote, with Mayor Joe Krovoza vehemently dissenting, on a motion made by Councilmember Rochelle Swanson.  Her motion moved to direct staff to bring back on November 12 an item “with a full range of options for the Mace 391/Leland Ranch properties.”

Jury Finds Dixon Man Guilty of Molestation in People v. Ellis, Faces Life in Prison

yolo_county_courthouseBy Kaiti Curry

Last Friday on October 18, after nearly two weeks of emotional, highly-sensitive testimonies and grueling questions to hash out the details of the allegations, the twelve-member jury found the defendant, Kevin Ellis, guilty of molesting two young boys over a five-month period. After several hours of deliberation, the jury found the 55-year-old man from Dixon, California, guilty on eight of nine counts as they delivered the highly-anticipated verdicts.

Counts 1 through 6 involved lewd or lascivious acts upon a child under fourteen years old, Count 7 regarded the defendant’s failure to register as a sex offender, and Counts 8 and 9 involved giving marijuana to a minor under fourteen years old.

GET YOUR TICKETS NOW For Dinner and Awards Ceremony

BannerThe Vanguard Court Watch 3rd Annual Dinner & Awards Ceremony has been set for Saturday, November 9th at the Davis Veterans Memorial Center starting at 5PM.  The theme this year is “Restorative Justice & Reforming the Judicial System.”

We have an exciting line up that you won’t want to miss including Public Officials of the Year Assemblyman Ammiano who will speak on his “Innocence Project Bill” AB 604 and Public Defender Jeff Adachi will speak on Indigent Defense 50 years after Gideon v. Wainwright. We also have Fresno County Judge David Gottlieb, who is our Keynote Speaker and who will speak during the Restorative Justice Education portion of the event and talk about a restorative justice program he has implemented in his courtroom.   This year we will honor award recipients:

UC Davis Unveils Police Oversight Plan

Pepper-sprayIn the wake of the pepper-spray incident in November 2011 and the subsequent settlement of the lawsuit with pepper-spray victims, UC Davis in the last week has released a report and a plan to implement a two-part program modeled on other successful police oversight programs across the country.  This would be “comprised of an oversight board with members selected from the UC Davis community, and an independent civilian investigative division that will investigate complaints of misconduct filed against UC Davis police officers.”

This differs somewhat from the program that the city of Davis implemented in late 2007 with the hiring of Police Auditor (originally designated as Police Ombudsman) Robert Aaronson.

Newspaper Editorial Backs Re-Examination of Mace 391

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The Davis Enterprise is now the latest entity lending its voice to re-examining Mace 391, arguing that “conservation” and “business interests can both be satisfied.”  This follows similar calls from the Vanguard, tech and business leaders and the Davis Chamber of Commerce.

“In a perfect world, there would be time for all competing interests to fully discuss important civic issues before nagging realities like deadlines set in,” the paper’s editorial writes.  “In the real world, however, decisions sometimes must be made in haste, with far-reaching and unpleasant consequences.”

Chamber: Weigh All the Options for City Owned Land

Morris-1By Gregg Herrington, Rose Cholewinski, Jeremy Brooks, Dennis Lindsay, Chuck Roe, Dick Luna, Jeff Adamski, Michael Bisch and Kemble Pope

The City of Davis owns several hundred acres of land on I-80 at Mace Blvd. This land, north of I-80 and east of Mace Blvd, is arguably the most valuable asset in our City’s portfolio. Yet, in this time of extended economic uncertainty, it would probably surprise most Davis residents that this asset has not been subjected to a wide ranging community discussion and has gone virtually unexamined for the highest and best community benefit.

To be fair, two City commissions have discussed Howatt Ranch as a sports park and Leland Ranch as an open space preserve. City staff has also processed a federal grant application with our long time partners in open space preservation, the Yolo Land Trust, on the 391-acre Leland Ranch.

Commentary: Davis Tech World – Build It and They Will Stay

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Yesterday we laid out for the public, in the Vanguard‘s Sunday Commentary, the notion that Davis’ most important discussion is its economic development picture.

At that time, we closed by writing, if we want to preserve the great things about this community, if we want the community to thrive, not just survive, then we need to have this full discussion and we need to have it soon.

Commentary: Fact-Finding Report Should Signal to Both DCEA and Fire To Sign MOU

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When a normally labor-friendly process largely upholds the city position in bargaining, it is a very bad sign for the two hold-out labor groups and a very good sign for the city.  For a variety of reasons, some of which were laid out by the city’s representative on the three-member panel, the city cannot implement the recommendations of the fact-finding panel.  However, the overall findings largely back the city’s position.

This is in marked contrast to the previous fact-finding session which looked at the 2009-10 contract.  Here the city’s representative in the process was Samantha Wallace, who is a Community Services Superintendent for the city of Davis and works under the HR director, Melissa Chaney.

Motion to Suppress Blood Extraction Results Granted, Motion to Suppress Other Evidence Denied

Yolo-Count-Court-Room-600By Jeffrey Briggs

During the pre-trial hearing in Department 1, the judge granted Deputy Public Defender Dan Hutchinson’s motion to suppress the blood extraction results taken from Maria Cardenas, but denied the second motion filed by Mr. Kartoon, on behalf of the co-defendant, Robert Domingo, to suppress other evidence on the basis of unreasonable search and seizure.

The hearing began with the arresting officer, Officer Hemdree, taking the stand. Hemdree’s testimony recounted the events of May 13, 2013, that led to the arrest of Mr. Domingo and Ms. Cardenas for possession of methamphetamine.

29th Annual Concilio Recognition Dinner/Dance & Scholarship Fundraiser

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Saturday, October 19, 2013 marked the 29th annual Concilio Recognition Dinner/Dance & Scholarship Fundraiser where the proceeds from the event go to scholarships to help provide assistance to low-income local residents go to college.

Those being recognized this year include: Landy Black and G Richard Yamagata with the Board of Directors Award; Bob Ekstrom of the Yolo Family Resource Center and Marge Lee of CommuniCare Health Centers with the Community Award; Marlene Bell of CTA and Sandra Olszewski, a teacher at Woodland High School with the Education Award; owners Richard Cruz and Ismael Resendiz of Master Tech of Woodland with the Business Award; Norma Alcala with the PilarAndrade Award and Carlos Alcala with the Rick Gonzales Sr. Award.

Second DCEA Fact-Finding Report Released

Owen-DavidPanel Largely Agrees with City Position But Slows Down Pace of Reform – The city has now released the report of the second fact-finding panel in an effort to resolve the impasse between the city of Davis and the Davis City Employees Association (DCEA.)  The panel members were Dave Owen, President of DCEA, Assistant Police Chief Darren Pytel, representing the city, and John LaRocco, Chair and neutral member.

“On February 18, 2010 and following unsuccessful mediation, the DCEA requested factfinding pursuant to Employer-Employee Relations Resolution No. 1303. While the record is not entirely clear, the parties endeavored to select a factfinder but encountered some difficulty in scheduling a factfinding hearing,” Mr. LaRocco writes. “Factfinding did not occur. On May 25, 2010, the City Council adopted a resolution imposing the City’s last, best, final offer on the members of the DCEA bargaining unit.”

Sunday Commentary: Cannery as the Sideshow to the More Important Discussion

Morris-1For the last several months, Davis has been having a debate over the Cannery Property.  Make no mistake, there are a number of critical questions which will not be resolved this week and may not be resolved in a month when the council makes a final decision.

I’m not going to pretend like these are not critical questions in the community – do we need housing?  What kind of housing do we need?  Should we put housing at the Cannery site which has a number of serious limitations?  And then there are the project-specific concerns such as connectivity.

Tuesday Discussion of Cannery Begins with a Workshop

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There will be no decision made on Cannery on Tuesday.  According to the staff report, “The purpose of the October 22 workshop is to introduce the project and applications to the City Council and the public. Although many of the materials will be available in advance of the meeting, Councilmembers are not expected to have fully absorbed the materials by the time of the October 22nd workshop.”

The city council has assigned a subcommittee of Mayor Joe Krovoza and Councilmember Lucas Frerichs, oddly both of whom are either opposed to or skeptical of the project, to work with staff to develop the Project Development Agreement. “As those discussions are ongoing, a Draft Development Agreement is expected to be presented for City Council consideration prior to the November 12th public hearing,” staff reports.

My View: District Blinks on Measure E

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In August the school board, in the wake of the Borikas v. Alameda Unified School District decision, decided to preemptively and unilaterally make major changes to the parcel tax.

According to a statement from Superintendent Roberson in August, “The District desires to implement Measure E in accordance with the intent of the voters and consistent with current legal requirements.  As a result, the District has decided to implement Measure E in a way that is consistent with Borikas by levying one uniform rate for all parcels of taxable real property.”

VANGUARD COURT WATCH: Perez Cops To 18-Year Sentence; Closing Arguments in Ellis Case

yolo_county_courthouseBy Sanam Monjazeb

The case of People v. Michael Perez continued on Friday morning as Judge Stephen Mock ruled on the defendant’s sentencing (back story on Perez). Perez, who was convicted of second-degree murder in 2001, filed a plea agreement after his case was overturned in 2010 and was sent back to Yolo County.

The defendant pled no contest to the charge of second-degree murder and received a 15-to-life sentence, plus an additional three years. The law would mandate Perez to pay a $700 restitution fine, but the People requested an even greater amount of about $33,000.

Commentary: Firefighters’ Obstruction and Lies Continues to Cost the City With No Hope of Success

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Imagine for a second a scenario where the Davis firefighters took the same agreement as all other bargaining units of the city of Davis and then, when the city of Davis proposed staffing cuts, the firefighters said, look, we’ve taken contract concessions, we understand that the city needs to find additional cuts, let’s create a subcommittee that can look at alternative service providing models.

Under that set of scenarios, it would be perfectly reasonable for the city of Davis to look at the firefighters as partners in the city’s efforts to cut costs, and to work with them on a solution that both sides could live with.

City Responds to the DCEA Fact-Finding Report

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On October 7, 2013, the City of Davis received the recommendations of the fact-finding panel appointed to hear the labor dispute between the city and the Davis City Employees Association (DCEA).

The most recent round of negotiations with DCEA began in March, 2012. Since then, several other bargaining groups – representing a majority of the city’s employees – have reached agreement with the city on contracts containing much-needed economic concessions. DCEA is one of two groups, along with the firefighters, that have not yet reached agreement.

Doctor Gives Expert Testimony in Child Molestation Case

Yolo-Count-Court-Room-600By Catherine McKnight

The further jury trial continued in People v. Ellis on Wednesday morning. The People rested their case and Deputy Public Defender Joseph Gocke presented his evidence and sole witness, Dr. William O’Donohue.

Dr. O’Donohue is a professor at the University of Nevada and has received his PhD in clinical psychology. He is the director of the Victims of Crime Treatment Center in Nevada and is also a member of several other boards and organizations. Judge Stephen Mock allowed Dr. O’Donohue to testify as an expert witness in areas such as childhood memory, human sexuality and childhood development.

Bipartisan Mayors Propose Pension Reform Initiative

pension-reform-stockA group of bipartisan California mayors – including San Jose Mayor Chuck Reed (D), San Bernardino Mayor Pat Morris (D), Santa Ana Mayor Miguel Pulido (D), Anaheim Mayor Tom Tait (R) and Pacific Grove Mayor Bill Kampe (D) – have filed a statewide ballot initiative to provide state and local governments with the tools needed to fix California’s unsustainable public employee retirement plans.

“The Pension Reform Act of 2014 would amend the California Constitution to give government agencies clear authority to negotiate changes to existing employees’ pension or retiree healthcare benefits on a strictly going-forward basis,” a release stated on Tuesday.  “The measure explicitly protects retirement benefits government employees have already earned, while allowing benefits to be modified for future years of service.”

The End of the Shutdown of the Federal Government

Garamendi2By John Garamendi

After 16 days of government paralysis, with our country hours away from economic freefall, the House and Senate have passed a bill that is almost identical to what we could have passed 16 days ago. Yes, we have reopened government and avoided default, but real damage has already been done to our economy, millions of Americans’ livelihoods, and investor confidence.

This was a pointless, destructive, and preventable crisis orchestrated by the 80-person tea party faction in the House and a handful of tea party Senators – a minority of their Conference. To make matters worse, the final outcome has been clear almost from the beginning.