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Citizens Beware: Emails Sent to Public Officials Are Public Documents

By David GreenwaldJuly 24, 200947 comments

Member of the Davis City Council Leaks A Constituent Communcation to Bob Dunning –

An unfortunate civics lesson was learned this week by a member of our community when a letter sent to all five of the Davis City Council Member’s city of Davis email addresses ended up in Bob Dunning’s column on Tuesday. We can certainly debate the propriety of a Davis City Councilmember leaking an email from a constituent to a journalist in an effort to embarrass them, however from the standpoint of the law, they have every right to do it.

Written communications either sent via letter or electronically are considered public documents which are subject to the California Public Records Act. In fact, city staff often reads them, prints them out, and disseminates them as well.

City Approves Additional Grant Funding for Rancho Yolo

By David GreenwaldJuly 23, 200949 comments

At Tuesday’s City Council Meeting, the Davis City Council approved by a 4-0 vote a grant to the Rancho Yolo Association for 43,900 dollars. This follows a grant of 50,000 that was approved in April. Councilmember Sue Greenwald abstained from this vote.

The motion approved by council was made by Councilmember Lamar Heystek and represented a compromise over the original staff recommendation which would require 10,000 dollars for a third party review of the process but come outside of the grant money. This would come from the 43,000 but reduce the cost of the third party review to 5,000.

Planning Commission Puts the Kibosh on Business Park Exemption Proposal for Measure J

By David GreenwaldJuly 23, 20097 comments

If the June vote by the Business and Economic Development Commission was not a strong enough message to Councilmember Stephen Souza’s proposal for a business park exemption to Measure J, the voter approved measure that gives the voters of Davis the ability to vote on proposed land use designation changes that would pave the way for development, on Wednesday, the Planning Commission unanimously voted against placing any exemptions before the Davis voters.

During the course of discussion there seemed to be no great sense to exempt a specific property for a business park proposal. There was some concern that it would lead to an overly complicated process and a member of the public, Pam Nieberg, pointed out from the original legal advice that any exemption for a specific property could lead to a lawsuit unless all properties were considered for exemption.

Word to the Wise – The Creation of Artificial Debt

By Elaine Roberts MusserJuly 23, 200916 comments

by Elaine Roberts Musser –

On July 8, 2009, I had the honor of being interviewed here in Davis by Tom Vacar of KTVU Fox 2, Oakland. The story to be covered is about the growing problem in the homeowner association arena of artificial debt created by subsidiary debt collectors, working in concert with their affiliated law firms and homeowner association industry managers. The reason I was chosen as one of several persons interviewed, was my intimate knowledge of this practice, because of several cases I have worked on as both a volunteer attorney and board member of the Oakland based Center for California Homeowners Association Law.

Here is how the scam works. When a homeowner tries to tender a check to pay for their monthly assessment to the homeowners association through its hired management company, the check is either not accepted or not posted to the homeowner’s account in a timely manner. The result is a determination by management the payment is now suddenly “overdue”. This triggers the collections process, with the homeowners “delinquency” immediately sent to collections. Here, the money meter begins to run, racking up huge collections costs and late fees. If the total debt owed, including all collections costs and late fees, is not paid posthaste and in toto, the homeowner’s house is held hostage with a threatened foreclosure. The collections process is tantamount to a train rolling downhill on the tracks – almost impossible to stop once begun.

Davis Faces Huge Budget Impact From State Budget Deal

By David GreenwaldJuly 22, 20097 comments

Proposals Might Push Another 2.4 million hit to General Fund and 2.5 Million to Redevelopment –

On Tuesday night, Finance Director Paul Navazio briefed the Davis City Council on the impact of the recently agreed upon budget on the city’s finances. As he pointed out however, at this point they only have a vague notion of what is in that budget which was scheduled to be voted upon on Thursday, however, on Tuesday complications arose about a prison release plan the Republicans claim not to have known about.

At this point this is preliminary information that is subject to approval by the legislature. The intent of the item on Tuesday was to translate what has been talked about into the impact on the Davis City Finances.

Planning Commission to Hear Measure J Discussion Wednesday

By David GreenwaldJuly 20, 200961 comments

It was nearly a month ago that the Business and Economic Development Commission (BEDC) considered whether Measure J should have a business park exemption during their vote to place a renewal on the ballot that would sunset in 2020. At that time, the BEDC did not feel comfortable with the vague lack of direction that the council provided them. They would vote by a 7 to 1 vote to recommend no exemption at this point in time. The one dissenting vote actually wanted the qualifier “at this point in time” removed.

The BEDC was reluctant to permanently recommend against this consideration based on the notion that they are in the midst of receiving a staff report on the city’s business park land needs. Depending on the outcome of that study, they might wish to revisit the issue should the study show the definitive and immediate need for a business park.

Others Implement Cost-Recovery For At-Fault Parties

By David GreenwaldJuly 17, 20098 comments

During the course of Councilmember Lamar Heystek’s presentation of the alternative budget, one of his proposals for possible additional revenue was the idea of billing the party at fault when it requires fire or ambulance service.

Councilmember Heystek called it cost-recovery for at-fault party for public safety response. He projected it could produce an additional 25,000 dollars in revenue for the city which would enable it to off-set some of the cuts to service for the public. The city and the city council seemed to reject it almost on principle, but it established the idea of looking for alternative means by which to fund city services.

Wildhorse EIR Shows Need To Update City Fire Policies

By David GreenwaldJuly 15, 200916 comments

Reading the Final Environmental Impact Report (FEIR) for the proposed Wild Horse Ranch development gives one a little insight into how the city operates. Specifically the designation of the “unavoidable cumulative impact” on the fire service. EIR concludes: “consistent with the analysis of the Davis General Plan and General Plan EIR, the proposed project would have a significant impact to fire protection services.”

Specifically the project is said to lie outside of the five minute response time area. Moreover,

UNSUSTAINABLE: City PERS Contributions Skyrocketed Over Last Decade

By David GreenwaldJuly 14, 200915 comments

For those who have closely followed the debate on the blog, the chart you are about to see should come as little surprise. Over the course of 2000 until 2009-10, the City’s PERS contribution has increased dramatically from just under one million dollars per year, up close to seven million by the end of the decade.

Obviously that rate of increase is unsustainable. Thanks to the city of Davis and Finance Director Paul Navazio, we have the latest projections as well. The key question is whether PERS contributions will continue to increase at the rate that they have and the second question is what the city can do about it.

Whose Side is the Council On?

By David GreenwaldJuly 10, 200940 comments

Employee Contracts Are the Last Piece to the Puzzle –

For those who read Rich Rifkin’s column this Wednesday in the Davis Enterprise, it was a nice summary of where we are and where we stand. He makes a few points that bear repeating and further discussion. But let us back up a second for starters.

Last week, the Davis City Council passed a budget that calls for cutbacks in salary and benefits that equals around 3.8 percent of employee compensation. The raw number is 1.25 million dollars, less than the number that Councilmember Lamar Heystek pushed which represented around 5 percent at 1.575 million dollars. At the same time, it was greater than the 850,000 dollars that the city was proposing.

Planning Commission Hears Wildhorse Ranch Application and Moves it To City Council

By David GreenwaldJuly 9, 200961 comments

A bare quorum of the Davis Planning Commission was on hand on Wednesday evening in Davis, but they agreed to approve the staff report unanimously with a 4-0 vote on all measures except the Final EIR which was inexplicably only received from city staff on Monday. Commissioner Ananya Choudhuri voted against approving the Final EIR due to her not reading it (she probably should have abstained rather than voted no, but that’s largely a moot point).

The actions taken by the Planning Commission on Wednesday were fivefold. First, they certified the Final EIR for the Wildhorse Ranch proposal, including findings of fact, statement of overriding considerations, and mitigation monitoring plan in the staff report. Second, they approved the General Plan Amendment Resolution that establishes the land use designations for the Wildhorse Ranch. Third they introduced the ordinance that rezones and establishes the use and development standards for the Wildhorse Ranch site. Fourth, they approved the Affordable Housing Plan. And finally they introduced the ordinance to approve the Development Agreement between the City and the Developer, Parlin Whildhorse Ranch. Again, this item was approved as received as it was not complete at the time of the meeting.

A DANG Good Deal: West Davis Has a Grocery Store

By David GreenwaldJuly 8, 200926 comments

After three years of sitting vacant, the West Lake Shopping center will have a new grocery store by November, in time for Thanksgiving according to a deal announced at Davis City Council. This deal was agreed to by all parties involved including the current owners, the prospective grocers, the neighbors, and approved by city staff and city council.

DeLano’s Markets is coming to West Lake. The talks had been on and off for much of the last six months. The deal at one point appeared dead when the owners pulled the financing, however due to the persistence of DANG (Davis Advocates for Neighborhood Groceries), city staff kept the pressure on the owners to put something together. Those talks had heated up for the past month and they made steady progress until last week when the Vanguard announced the two sides were close to an agreement.

Is Council Ready To Decide About Wood Burning?

By David GreenwaldJuly 7, 200929 comments

Back in January the issue of whether there should be a woodburning ban became a topic of tremendous controversy. On the one side were some environmentalists and some health advocates concerned with both the impact of wood burning on the environment as well as health implications. On the other side were citizens who, for a variety of reasons, use wood during the few cold months of the year to heat their homes and provide themselves with some sort of aesthetic enjoyment.

The council in January decided to punt after the Natural Resource Commission recommended an ordinance that would ban woodburning. Given the time of year and the fact that it was the end of the burning season, it made some sense to defer a decision in this case. The council will now hear the issue once again and perhaps make some sort of determination.

Wow Factor: Wildhorse Ranch Achieves Unprecedented 90% Greenhouse Reduction

By David GreenwaldJuly 6, 2009148 comments

In a letter dated July 1, 2009, the city received a sustainability proposal from the Wildhorse Ranch developer and the project’s energy conservation consultants that will put the city of Davis back on the map in terms of environmental sustainability and innovative developments. The proposed Wildhorse Ranch development would achieve a 90% reduction in green house gas (GHG) emissions. A typical single family home will create around 5.5 metrics tons per year of GHG emissions. This proposal would reduce that number by 4.95 metric tons per residence to .55 metric tons per residence.

In April, the Davis City Council passed a resolution recommending GHG reduction thresholds and standards for new residential housing projects. It set as its initial goal a 2.4 metric ton reduction per residence, or a 44% reduction of GHG emission for new homes. This project more than doubles the city’s goals.

Source: Deal Close To Bring Grocery Store to Westlake

By David GreenwaldJuly 3, 200912 comments

The Vanguard has learned from sources close to the situation that a deal is close that would bring a Grocery Store to West Lake after the shopping center has been absent a grocer for over three years since Food Fair closed in May of 2006.

The Vanguard had previously reported the deal between the Delanos Grocery Store Chain and the owners of Westlake to be dead after the owners pulled their financial offer to put up the capital necessary to re-fixturize the interior of the store that the owners themselves gutted following the closure of Food Fair.

Mr. Civility At It Again

By David GreenwaldJuly 2, 200935 comments

On Tuesday night there was a contentious issue involving the placement of a new development in East Eighth street by the cemetary. In this case, many neighbors came out wearing red in solidarity to argue that their agreement with the developers had been violated by city staff.

At times, the rhetoric became contentious. Many representatives from the community of course came forward to speak and as is often the case, they cheered when they agreed with the speaker.

Vanguard-Davis Neighborhood Coalition Budget Townhall Meeting

By David GreenwaldJuly 2, 20090 comments

Back on May 20, 2009, the Vanguard and Davis Neighborhood Coalition hosted a Budget Townhall Meeting at the Veteran’s Memorial section. It featured a panel of three members–Paul Navazio finance director from the City of Davis, Johannes Troost, Chair of the Budget and Finance Commission, and Mark Siegler, Economics Professor at Sacramento State and past chair of the Budget and Finance Commission.

The video is in two parts. The first part is the panel discussion and the second is audience participation.

Council Passes Budget by 3-2 Vote

By David GreenwaldJuly 1, 20099 comments

Councilmember Heystek Calls It Business As Usual –

The council after months of agonizing over numbers finally passed a budget, along party lines, by a 3-2 margin with Councilmembers Lamar Heystek and Sue Greenwald strongly and vehemently dissenting.

Councilmember Heystek told the Vanguard that he was reiterating that given the budget adopted by the Council, it doesn’t appear he will support an extension of the sales tax and therefore is likely to actively campaign against it.

Heystek’s Move Shifts Budget But Council Doesn’t Go Far Enough

By David GreenwaldJune 30, 200926 comments

When Councilmember Lamar Heystek pulled the dramatic move in early June by going to the staff table and presenting his own budget numbers, he got everyone’s attention. Had the council meeting not run so late the next week on June 16, Councilmember Stephen Souza would have done something similar for his own compromise numbers. As it turns out, the move by Councilmember Heystek succeeded in getting council to move off the city manager’s budget, but not by nearly enough.

As it stands right now, the budget will likely pass by a 3-2 vote. Much of how bad the budget will be is still to be determined by the results of employee negotiations–but we are not holding out hope that the city council and city staff will solve the city’s structural problems.

City Continues to Move Forward with Senior Housing Strategy Committee

By David GreenwaldJune 29, 200914 comments

A letter sent on Monday June 22 shows that the city is continuing to move forward with attempting to constitute a committee to make recommendations related to senior housing in Davis. The schedule is to make recommendations to the City Council by the end of 2009.

This particular letter was sent to the Yolo County Commission on Aging and Adult Services. It appears from the letter that the constitution of the committee has been altered since its inception.

Member of the Davis City Council Leaks A Constituent Communcation to Bob Dunning –

by Elaine Roberts Musser –

Proposals Might Push Another 2.4 million hit to General Fund and 2.5 Million to Redevelopment –

Employee Contracts Are the Last Piece to the Puzzle –

Councilmember Heystek Calls It Business As Usual –

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