Budget/Fiscal

City Agrees on MOU with Individual Police Management Employees

Frerichs-Lucas-665Councilmember Frerichs Expresses Some Misgivings About the Direction of Negotiations – It is not a huge contract or a huge bargaining unit.  However, by reaching agreement with the Individual Police Management Employees, the council and city were able to set down on paper for the first time their goals for the ongoing negotiations for labor contracts that expired back on June 30.

On Tuesday night, Steve Pinkerton told the council that the Individual Police Management Employees already pay the full 9% employee portion of PERS, but with this agreement they have also agreed to pay an additional 3% toward the employer portion.

Councilmember Lee Expresses Concerns About Pushing Project Forward

BrettLeeRCOMMENTARY – On Tuesday, the Davis City Council fixed the most glaring and immediate problem facing them – they shifted course, really without much incident, to support a binding resolution similar to one the Vanguard suggested, giving the council the authority to move forward with a yes vote and binding it to not move forward with a no vote.

One problem was therefore solved on Tuesday night.  But the proceedings will, if anything, complicate matters down the road, as it is quite clear that council was forced to move forward despite all indications that they were really not ready.

Council Unanimously Approves Binding Vote For March Election

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The council was out of time if they wanted the measure on the March 2013 ballot.  Staff argued, at least persuasively enough, despite the fact that there was no cost-sharing agreement with Woodland and no rate recommendations from the Water Advisory Committee, that another delay in the election would not only likely spell the end of the partnership with Woodland, but delay the project by another year.

The result of that uncertainty pushed the council forward.  It was clear from the start that the council would go to binding language.  Brett Lee asked for language that would simply authorize the council to move forward with the project with few specifics in the actual ballot language.  However, the city would be tied to the agreed-upon rates that would concurrently be approved through the Prop 218 process.

Council Seems Poised to Set Binding Water Vote For March

water-rate-iconCOMMENTARY – On Sunday the Vanguard had the privilege of sitting down with Councilmembers Dan Wolk and Rochelle Swanson.  Both of them were very clear in their belief that a binding vote was the right thing to do, and that they wanted the election in March to be on the merits of the project and not on process.

It is unfortunate that staff and legal counsel keep stepping on themselves trying to get this wrong.  Go back to the strange decisions made on September 6, 2011, in which staff seemed to mask rate hikes within a conservation plan.  Continue to the referendum and the strange last-second memo by City Attorney Harriet Steiner that seemed to deny the citizens’ right to a ballot initiative, even though there was no legal precedent.

Judge Mock Orders Firefighters Union to Pay 23K Dollars in Attorney Fees to Vanguard Attorney

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In a move believed to be unprecedented, Yolo County Superior Court Judge Stephen Mock has ordered the Davis Professional Firefighters Association to pay $23,345 in attorney fees, based on the union’s intervention into the Vanguard‘s successful lawsuit against the city of Davis to compel the city to release more of the still heavily-redacted 2008 Davis Fire Report.

Judge Mock in his ruling wrote, “Petitioner succeeded in obtaining the relief he sued to obtain – the release of a less redacted copy of the Aaronson report. DPFA cites no authority to support its contention that its success against petitioner, as opposed to respondent’s success, is the relevant inquiry for an award of fees against it under section 1021.5.”

Swanson and Wolk To Push Council Back Toward Binding Vote

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At the last council meeting, the Davis City Council voted by a 5-0 margin to proceed with an advisory vote that would be finalized at the November 13 council meeting.  That move went against a 6-4 Water Advisory Committee (WAC) recommendation for a binding vote.

“Unfortunately, when presented with the latest incident of WAC/Staff disagreement on Tuesday night, Council chose to follow a different path and jettison the WAC recommendation in favor of Staff’s recommendation,” Matt Williams, an alternate on the WAC, wrote in an open letter to the Davis City Council on October 31.

Why is Council Set on a March Election Date?

water-rate-iconIt is quite clear there are still critical details of the water project that need to be decided.  However, if the council wishes to place a measure on next March’s ballot, then it must finalize wording for that measure on Tuesday in order to be able to send it to the county for approval and ballot preparation.

With questions such as rate structure and even ballot measure type (advisory or binding) still up in the air, the real question may be why are we dead set on a March election?

An Open Letter to City Council on Water Advisory Ballot Measure

Vote-stock-slideby Matt Williams 

GUEST COMMENTARY – First, the customary disclaimer.  The author is a member of the Water Advisory Committee (WAC), but the opinions herein are his own and not those of the WAC.

As Council, Staff and the WAC have wended their respective ways through the last 10 months of the water system decision process, there have been a couple of situations where the WAC recommendation to Council and the Staff Report recommendation to Council have been at odds with one another.  Until the events of last Tuesday night, in each case Council chose to defuse that WAC/Staff disagreement by returning the issue to the WAC for further consideration, where an updated recommendation was hammered out that both Staff and the WAC could support.  In each case where Council followed that process, a good result happened.

Vanguard View: No Compelling Reason Not to Pursue Binding Vote

water-rate-iconBack in mid-June the Water Advisory Committee voted to pursue a binding measure rather than an advisory one.  It was a close and contested vote, as it wound up 6-4.

Chair Elaine Roberts-Musser at the time said, “WAC members who favored a binding vote felt the surface water project decision should be made by citizens because it is citizens who will pay for the project.”

My View: Council Follows Vague Legal Advice Going the Advisory Vote Route

floating-20A synopsis is here, of the legal advice provided to the Davis City Council by City Attorney Harriet Steiner, who also brought in a colleague to discuss her experience.  The stunning part of this legal advice is how little actual legal advice was actually contained in the presentations by Harriet Steiner and Iris Yang.

I see no compelling legal reason to go forward as they have, and I think both Ms. Steiner and Ms. Yang create straw men arguments for going with an advisory vote rather than a binding vote.

What Exactly Will Davis Be Voting on in March?

floating-20COMMENTARY: If I Vote No, What Does That Mean? – The Davis City Council made the mistake of most public agencies I have followed for the last twenty years – they listened to the advice of their attorney rather than political advice.  It is not that City Attorney Harriet Steiner was completely wrong when she warned that a binding measure could restrict the city’s ability to make changes to decisions as the project moves forward.

Instead, following the advice of counsel, the city council has put themselves into a potentially lose-lose situation.  On the one hand, they have essentially promised that they will follow what the voters recommend.  But on the other hand, what the voters recommend will not carry with it critical components.

Former Mayor Strikes Tone For Cost-Sharing Water Project

Sacramento-River-stockFormer Davis Mayor Bill Kopper, one of the regular members of the Water Advisory Committee (WAC) writes on the recent decision to go forward with the Woodland-Davis project, by hammering home the importance of the cost-sharing component of the agreement.

“Recently, the Water Advisory Committee voted to recommend that the city proceed with the Woodland-Davis project, provided that Woodland pay for 60 percent of the project and half of the Davis-Woodland treated water pipeline,” Mr. Kopper writes.

Council’s Huge Mistake: Council Unanimously Supports Advisory March Election on Water

floating-20COMMENTARY – Council Commits to Woodland-Davis Project.  The big news on Tuesday night was not that the Davis City Council committed to the Woodland-Davis project, which has long been a done deal despite the efforts of at least one councilmember to preserve the West Sacramento option as long as possible.

That the decision was unanimous might be mildly surprising, but the big news was the decision by the council to capitulate to legal counsel on the critical issue of the advisory versus binding vote.

Critical Questions Loom as Staff Recommends Council Approve WAC Actions and Language for Ballot Measure

water-rate-iconThe WAC has weighed in on the critical issue of going forward with the Woodland Davis Clean Water Agency (WDCWA) project, and now the council is being asked by city staff to rubberstamp that recommendation.  The question is whether they will.

Staff recommendation is fourfold.  First, to accept the recommendation by the WAC, the DWWSP (Davis Woodland Water Supply project) Option A, WAC Alternative 4b: 30 mgd DWWSP Project; Woodland: 18 mgd, Davis: 12 mgd with two stipulations.  One that both cities share in the cost of the pipelines to convey the treated water to the city limits of each city and second that the cost share percentages of the entire project change to reflect the current anticipated reliance on the treatment facility.

WAC Picks Woodland

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Commentary and Analysis – If you found yourself believing perhaps that the city of Davis was moving too fast to end the WAC process, you are probably not alone.  But time was running out for the self-imposed deadline to put the measure on the ballot.

So here were are – the WAC has finished their job, for the most part, and will plop this project, the mess, the headaches, in the lap of the Davis City Council, who now has to convince the voters that this is the right way to go.

Staff Recommends WAC Supporting Going Forward with JPA

Sacramento-River-stockIn a special meeting set for tonight, city staff Herb Niederberger and Dianna Jensen have recommended that the WAC “recommend to the City Council that Davis is committed to going forward with participation of the Woodland-Davis Clean Water Agency (WDCWA) Joint Powers Authority 30 mgd surface water supply project with modification of the cost sharing as discussed herein.”

Despite the increased cost in the West Sacramento option, staff estimates there is a 12.5 percent cost differential between the options, in favor of the West Sacramento Alternative.

City Manager, Water Rate Consultant Remain Skeptics of New Proposed Rate Structure

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On Monday, the Vanguard published analysis from water attorney Kelly Salt with the Best, Best and Krieger law firm, who reviewed the proposed rate structure from Frank Loge and Matt Williams which would rely on previous water usage as the fixed cost rather than the meter size.

While Ms. Salt saw some issues that needed to be potentially addressed if the WAC moves forward with this plan, she ultimately thought this could work.

Water Attorney Analyzes Loge-Williams Water Rate Structure Proposal

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Last month, an article ran on an innovative new rate structure proposed by WAC member Frank Loge and alternate member Matt Williams, who have come up with “a proportional fixed-fee structure based on water consumption history that could balance water bills in Davis” – a system that has never been tried before in California.

Reported the Davis Enterprise: “Like many public agencies in the state, Davis uses a tiered water rate structure where customers pay a fixed rate based on the size of their water meter and then a variable rate based on how much water they use.”

Sunday Commentary: West Sacramento Alternative Good or Bad Idea?

woodland-dcc-1Yesterday’s article on the water deal had a rather egregious error reporting that the new Sacramento offer was the 30-year, 30-year renewal option agreement, when in fact it would be a permanent agreement.

That represents a non-insignificant change to the previous offer, where West Sacramento had offered the city water service only until 2032, with Davis being responsible for funding the costs of a capital improvement to add 12 mgd to the West Sacramento plant at a future date.

West Sacramento is Now Open to a 19 Million Dollar Water Offer

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Mayor Krovoza Continues to Downplay the Possibility of a West Sacramento Water Deal – Last week as the Vanguard reported, even in the midst of its article where Mayor Joe Krovoza closed the door to the West Sacramento option, his colleague, Councilmember Brett Lee, thinks it is too soon to close the door completely.

Brett Lee went about proving it up – meeting with West Sacramento on Thursday, along with Mayor Krovoza, and emerging with a new offer as he reported to the WAC on Thursday night.