Top 10 stories of 2012

CN&R editors select the biggest local stories of the year

Three new council members were sworn in Dec. 4, joining the re-elected Ann Schwab. They are, from the left, Sean Morgan, Schwab, Randall Stone and Tami Ritter.

Three new council members were sworn in Dec. 4, joining the re-elected Ann Schwab. They are, from the left, Sean Morgan, Schwab, Randall Stone and Tami Ritter.

Photo By ROBERT SPEER

New faces, same majority

The conservative faction in local politics had a shot at regaining the majority on the Chico City Council this year, thanks to the decision by two liberal council members—Jim Walker and Andy Holcombe—not to seek re-election. The four-seat race was wide open and attracted 11 candidates, but when voting ended and three brand-new members had been elected, progressives still enjoyed the same 5-2 majority they’d had for years.

It was no surprise that Ann Schwab, seeking re-election to her third term, came in first by nearly 2,000 votes. In her four years as mayor, she’d proven to be a strong leader on issues that matter to most Chicoans—sustainability, diversity, the environment—as well as a passionate and articulate advocate for Chico’s quality of life.

But it was surprising that appointed incumbent Bob Evans, a friendly, thoughtful retired business manager who was well liked by his fellow council members and respected in the business community, came in seventh, well out of the running. His role as one of the two conservatives on the council (the other being Mark Sorensen) will be taken by Sean Morgan, a business management instructor at Chico State, who came in third.

It was also somewhat surprising that Dave Kelley, who in his eight years on the city Planning Commission had certainly paid his dues, and who was the only candidate to be endorsed by both the CN&R and the Chico Enterprise-Record, came in ninth. Kelley was the first candidate to enter the race, way back in mid-2011, and had carefully positioned himself as a moderate, neither liberal nor conservative.

Chico voters, it seems, are one or the other, with slightly more being liberal than conservative.

Second place went to Tami Ritter, who’s widely known for her leadership of several local service agencies, including the Torres Community Shelter and Habitat for Humanity. Joining her on the progressive side is Randall Stone, a financial planner and affordable-housing builder, who came in fourth, narrowly edging out conservative Andrew Coolidge.

As their first act after being sworn in Dec. 4, the three new council members joined the old-timers in unanimously electing Mary Goloff to be mayor and Scott Gruendl to be vice mayor for the next two years.

Voters tax themselves for education

Gov. Jerry Brown did something in California that most politicians thought impossible: Get the voters to raise their own taxes.

Proposition 30 passed by a margin of 55 percent, but that victory was a nail biter, as late polls leading up to the general election suggested it was going down.

Brown’s income- and sales-tax measure had major implications for public schools of every variety in California. Its failure would automatically have resulted in nearly $6 billion in so-called “trigger cuts” to K-12 and higher education. Jobs were at stake across the board, and at the K-12 level furloughs would have been instituted while children would have lost instructional days (i.e., precious learning time).

The California State University system alone would have taken a hit of $250 million. Chico State would have carried its fair share of the load.

Indeed, in a town with thousands of college students, plus the hundreds of faculty and staff members, Prop. 30’s failure would have been disastrous. For starters, tuition would have risen yet again, further burdening students who have taken on increase after increase in recent years. Enrollment would have been cut, leading to fewer students spending money in the local economy, in every segment, from retail to housing.

“We know our community is largely dependent on students. In bigger areas a few hundred fewer students is less likely to make a difference, but in Chico it could be devastating,” said Allan Bee, Chico State’s admissions director, during a March interview.

Brown’s measure calls for a temporary quarter-cent sales tax (from 7.25 percent to 7.50 percent) and personal-income-tax increase for Californians earning more than $250,000 (and couples earning more than $500,000).

Nobody wants to pay more taxes, but in this case, with so much on the line, Californians made it clear that public education is a priority. Even rural Butte County came close to approving the measure; nearly 49 percent of registered voters cast ballots in favor of Prop. 30.

Interestingly, what local voters did approve by an overwhelming 64 percent was Measure E, the $78 million Chico school construction bond measure. That money will pay for improvements to schools, including repairs, modernizations of outdated facilities, as well as other various upgrades. Those who’ve visited Chico’s K-12 campuses know that the improvements the money will pay for are much needed.

On Nov. 15, Chico State’s Greek community reacted as President Paul Zingg suspended the entire system effective immediately.

Photo By Ken Smith

Tragedy and the Greeks

Student deaths by misadventure—most often involving drinking and drugs—have sadly been a too-common occurrence in Chico over the years, but the latter half of 2012 has been especially filled with tragedy. Since August, four students age 20 to 22 have died as a result of partying too hard.

First there was Shaun Summa, a 22-year-old Butte College student whose body was found in the back yard of a house on West First Street on Aug. 19. An investigation revealed Summa had asphyxiated on his own vomit after playing a drinking game called “flip cup.” His blood-alcohol content (BAC) was 0.34, more than four times the legal limit; 0.08 is considered legally intoxicated.

The Sept. 2 disappearance of 20-year-old Cal Poly San Luis Obispo student Brett Olson spurred a weeklong search that gained national attention. Olson was last seen alive at Beer Can Beach during the annual Labor Day float on the Sacramento River, and his body was found by fisherman Sept. 9. Toxicology results revealed a BAC of 0.28 and the presence of cocaine in his system.

Just days later, on Sept. 16, 22-year-old Chico State University graphic-design major Carly Callaghan’s roommate found her dead in her bedroom. The cause of death was ruled accidental poisoning by a lethal mixture of alcohol, Prozac and morphine.

On Nov. 4, a Chico State student named Mason Sumnicht was found unresponsive and rushed to Enloe Medical Center with severe alcohol poisoning. Sumnicht was celebrating his 21st birthday with brothers from Sigma Pi, the fraternity he was pledging, and others, by attempting to drink 21 shots. The brain-damaged Sumnicht was on life support for 11 days and died on Nov. 15.

That same day, as Sumnicht took his last breaths, Chico State President Paul Zingg called an impromptu meeting with Chico’s sorority and fraternity members to announce an immediate suspension of all Greek activity. In an emotional speech that referenced Sumnicht’s death, Zingg also leveled a litany of other offenses against the Greek community, including alleged hazing, alcohol-policy transgressions, and alcohol-fueled physical and sexual assaults.

The public reaction to Zingg’s punishment of the Greeks has been mixed: Some people charge many are being punished for the actions of a few, while others applaud it as a bold statement against Chico’s alcohol culture and persistent party school reputation. Greek organizations will be instructed how to regain their status with the commencement of the spring semester in February, and Chico Police Chief Kirk Trostle has named alcohol abuse as one of four top priorities the Chico Police Department will address in 2013.

Melinda Vasquez and Ken Fleming, a married couple who live in the Avenues, attended the noise-ordinance hearings. They contend that the city can do more to protect deteriorating neighborhoods by being tough on noxious noise-makers and their landlords. The updated noise ordinance is too weak, they charge.

Photo By Robert Speer

New noise ordinance: Is it enough?

How should the city discourage people from being noisy neighbors?

City officials and members of the public spent much of 2012 trying to answer that question, largely because they couldn’t agree on how to improve the existing ordinance.

The Chico Police Department wanted to tighten it significantly. The problem, the CPD said, was the ordinance required an officer responding to an initial citizen complaint to issue a written warning to the offenders. If the noise reoccurred within 72 hours, the offended party could sign a complaint and a citation would be issued.

That was too cumbersome, police said, and gave offenders what amounted to a free pass good for every weekend. They wanted to upgrade the ordinance to allow police officers to issue a fine of up to $1,500 on their first response to a noise complaint.

In May, the City Council’s Internal Affairs Committee OK’d the Police Department’s proposal on a 2-1 vote, with Councilman Andy Holcombe dissenting. He believed offenders should first get a warning and that any further offense within six months would warrant a citation.

Holcombe said he agreed with other aspects of the proposal, including doing away with the need for a written statement from the complaining party. “But I didn’t like not having a warning at all,” he said.

In public hearings held on July 3 and Aug. 7, the City Council heard from about 60 people. Opinions ranged widely, from homeowners pleading with the council to give the police the tools they need to deal with noise, to musicians worried they might be cited for playing or practicing.

CPD Lt. Linda Dye explained that conflicts over noise arise all over town, but primarily in the “transitional” neighborhoods where both permanent residents and younger adults live.

Residents’ complaints are valid, she said. Instead of mandating a warning, the new policy would give officers the ability to use their discretion to choose whether to give a warning or issue a citation, she said.

Holcombe reiterated his belief that any ordinance should require a first warning.

In the end the council voted, 5-2, with Bob Evans and Mark Sorensen dissenting, to have city staff craft an ordinance along compromise lines. It would require a warning be given and that it be in effect a longer period (six months was suggested), but also allow certain exceptions to the warning requirement (multiple complaints, for example). It would also establish a graduated fine structure and mandate that the ordinance be revisited in six months, at which time council will look at how landlords can be held accountable.

Butte County District Attorney Mike Ramsey dropped a bomb during the Aug. 28 Board of Supervisors meeting when he stated that the board’s latest medical-marijuana ordinance was unconstitutional.

Photo By TOM GASCOYNE

Medi-pot hat trick

In November, voters in Colorado and Washington approved ballot measures to allow recreational marijuana use for people over 21 years of age. Meanwhile, in Butte County, politicians and patients continued to quibble over medical marijuana, making it a top local story for the third year running.

The groundwork for 2012’s first pot punch-up was laid in 2011, when county supervisors approved a land-use ordinance that, among other things, limited the amount of plants grown by property size and required all growers to register with the county. Opponents of the ordinance, led by attorney Robert MacKenzie and the Citizens for Compassionate Use, gathered enough signatures to challenge the ordinance by referendum, and Measure A was placed on the ballot in the June primary; a yes vote upheld the ordinance, while a no vote repealed it.

Measure A was rejected at the polls, with about 55 percent voting against. The message apparently wasn’t clear to the Butte County Board of Supervisors, however, and on July 31—mere weeks after Measure A’s defeat—the board approved an ordinance that was arguably more draconian. This ordinance, adopted from one in place in Kings County, banned all outdoor growing and demanded plants be grown in a secured, locked and fully enclosed structure.

MacKenzie and other pot proponents cried foul, saying the new ordinance was not just a slap in the face to the board’s constituents, but also opened the county to lawsuits it couldn’t win. An obstinate Supervisor Larry Wahl stood by the ordinance, but it was dropped a month after it was proposed when District Attorney Mike Ramsey declared it unconstitutional.

Ramsey said it conflicted with Prop. 215, which since 1996 protects medical-marijuana users from criminal prosecution. He determined it would also necessitate the creation of eight new positions, costing the county upward of $1 million.

The board then agreed to form an ad hoc committee composed of members from both sides of the issue to come up with an ordinance everyone can support, laying the groundwork for a top story of 2013.

In other carryover pot news, 2010’s big story was the county’s decision to raid eight medical marijuana dispensaries, seizing the operators’ property and in some cases freezing their assets. Two and a half years later, charges were finally filed against one defendant, Rick Tognoli of Scripts Only Service (SOS). The only other dispensary operator to face charges thus far has been Jason Anderson of the Mountainside Patients Collective, but the case was dropped in December 2011 because Anderson was terminally ill.

The closure of Fire Station 5 near Upper Bidwell Park became quite the political hot potato in 2012.

Photo By Jason Cassidy

City’s budget pulled through the wringer

The city of Chico’s financial standing took three big hits this year: An estimated annual $8.4 million loss due to the state’s dismantling of redevelopment agencies; another half million in vehicle license fees no longer forwarded by the state; and the defeat of Measure J, which could translate into an annual loss of about $900,000 in the utility-users’ taxes paid on cell phones. On top of that, the city is working on a way to refund requests for those taxes already collected over the past year.

Because of the stagnant state and federal economies, the city’s sales-tax revenues continued to be lackluster, though they did pick up in the last quarter of the 2011-12 fiscal year. And depressed property values kept property-tax revenues down as well. All of this gave rise to some ugly comments at City Council meetings, in letters to the editor and various online blogs.

Early in the year, during a council meeting budget discussion, Finance Director Jennifer Hennessy, relying on projected tax revenues balanced against city spending, said the city’s finances looked flush. A month later, once the actual numbers were known, the budget was in the red by $900,000. Hennessy said the budget gap was primarily due to increased use of overtime in the Police and Fire departments. By reducing overtime and cutting positions, the city was able to save $300,000. The rest of the money came from fund transfers and reduced spending on supplies.

Meanwhile, Shawn Tillman, a senior planner and redevelopment expert, told the council that the city also stood to lose 20 to 25 full-time-equivalent positions over time because of the loss of the RDA. (A number of city employees’ entire salaries come from redevelopment funds.)

In May, under direction by then-City Manager Dave Burkland to cut expenses by $95,000, Chico Fire Department Chief Jim Beery announced Fire Station 5 in northeast Chico would close for two months. The announcement triggered some ugly protests blaming the council for endangering lives and houses in the station’s vicinity. A press release from resident Anna Swenson sent to the CN&R said the Chico City Council “has decided it’s more important to retain staff from the defunct redevelopment department rather than keep fire stations open, keep firefighters on duty and keep our city safe.”

The station reopened a month early with the shift of some funding and the realization of higher revenues than were anticipated.

Bidwell Mansion’s unnecessary rescue

For the community members and organizations involved in raising money to keep the Bidwell Mansion open to the public, it came as quite a shock when news broke that the California Department of Parks and Recreation had an extra $54 million lying around.

In 2011, State Parks threatened to close 70 of the state’s 279 parks (including the Bidwell Mansion State Historic Park) due to budget cuts. That November, the Bidwell Mansion Community Project was formed to raise the $100,000 State Parks insisted was necessary to keep the mansion open for three days a week during the 2012-13 fiscal year. If the money was not raised by July 1, the mansion would be closed indefinitely.

As it happens, the community responded (with a $25,000 donation from the Bidwell Mansion Association, which was long championed Chico’s favorite pink house) and raised $120,000 before the deadline. So when it was revealed on July 20 that State Parks had been sitting on the unreported monies—$20.4 million from park fees and rentals and $33.5 million from registering all-terrain vehicles—for up to 12 years, some found the revelation particularly appalling.

“It’s not just a question of trust being lost, it’s also a question of resources being channeled to an area that might not have needed it so much,” Maria Phillips, press secretary for the Bidwell Mansion Community Project, said following the scandal. “While we were working so hard to save the mansion and get money for it, we were inadvertently damaging other nonprofits, very worthy ones, that really could have used the help.”

Ruth Coleman, the State Parks director since 1999, stepped down from her position; Chief Deputy Director Michael Harris was also fired over the fiasco the same day. The surplus funds were exposed during an investigation into an entirely different State Parks scandal—a vacation-buyout program that cost taxpayers an estimated $270,000.

While State Parks announced it would keep most of the threatened parks open, Phillips warned the organization has yet to iron out its financial issues.

“No matter what, this money is a one-shot deal,” Phillips said. “There’s still a systemic deficit in the structure of funding for State Parks that will take several years to correct.”

Crime in an election cycle

In many ways, Chico voters may have been frightened into going to the polls during the general election. More than in any year in recent memory, crime was the topic du jour when it came to the City Council race.

That’s because several of the candidates proclaimed how unsafe Chico has become by citing every violent crime and tying it to a lack of police staffing and then blaming that on the liberal members the City Council, as though the economy had nothing do with the city’s budget not allowing for an expansion of police services. (The Police Department is down by 10 officers from 2008, according to Chief Kirk Trostle.)

Failed Tea Party candidate Toby Schindelbeck exploited this scare tactic the most.

“Gang stabbing at the Chico Mall today. If this doesn’t add to the case for more police officers, I don’t know what will. Our PD is understaffed, and the thugs know it,” Schindelbeck exclaimed in one of his many Facebook page rants on the subject of crime leading up to the election.

Never mind that the Chico Police Department’s own analysis has shown that crime is down in Chico. In October, CPD reported a 17 percent drop in overall crimes, the lowest level in the city for at least the past nine years. Meanwhile, the CPD’s press releases began emphasizing the number of hours its officers and detectives spent working.

Still, there were some extremely disturbing events in 2012, including a rape and two attempted sexual assaults of college-age women between August and late September in the south-campus neighborhood. At least one of the attacks involved what was described as a black sedan, possibly a newer BMW, which is similar to a description given by women who were attacked near the campus with pepper spray the previous fall.

More recently, Chico saw a spate of stabbings, none of them resulting in fatalities, four between Dec. 4 and Dec. 7, and then two more stabbings within a few hours’ time, late in the evening on Dec. 11 and another in the wee hours of Dec. 12.

Chico’s single homicide involves Shawnda Mollison, a 30-year-old woman accused of stabbing to death 53-year-old Diane Lee Duke for no apparent reason. Mollison, who is incarcerated pending the outcome of her case, has been in Butte County Superior Court this month for preliminary hearings.

Another, more high-profile case involves a Chico cardiologist, Dr. James Yhip, and his wife, Edelyn, who both face murder and child-abuse charges related to the death of their 2-year-old adopted son last spring. The Yhips live in the county area in north Chico, and are free pending the outcome of the case, which is scheduled for a jury trial in February.

Chico Police Chief Kirk Trostle addresses the Chico City Council during an October budget meeting.

Photo By kyle emery

Wally Herger retires, triggering GOP antics

On Jan. 10, Republican Congressman Wally Herger announced he was retiring after a quarter-century in office. Two days later, he blessed State Sen. Doug LaMalfa with his endorsement to replace him. At the very same time, 2nd District Assemblyman and Republican Jim Nielsen announced he would not seek re-election and was in turn blessed by LaMalfa to take the Senate seat he would vacate upon his election to Congress.

A number of candidates jumped into the primary race for Herger’s seat, including former Republican state Sen. Sam Aanestad and second-time Democratic candidate and Fall River Mills tax attorney Jim Reed. During the campaign, Aanestad accused LaMalfa of dirty politics after an odd website called Sam4Congress.com criticizing Aanestad appeared online. LaMalfa denied any knowledge of the site, but it was traced to Mark Spannagel, LaMalfa’s chief of staff.

LaMalfa finished first in the primary and then beat second-place finisher Reed in the Nov. 6 general election, which was no big surprise, given the Republican advantage in voter registration. On Aug. 31, LaMalfa had resigned his state Senate post, and Nielsen announced his plans to run for the seat. LaMalfa said his quitting would save the taxpayers more than a million dollars because his announcement left enough time to place a special election on the Nov. 6 ballot. But this also opened up some old wounds in the North State Republican Party, as LaMalfa was accused by some fellow Republicans of trying to handpick his successor.

Doug LaMalfa stands between Dan Logue, left, and Jim Nielsen on election night.

Photo By Kyle Emery

In a special election a candidate who receives 50 percent plus one vote is in and a costly runoff is not needed. But five other candidates jumped into the race, including Republican 3rd District Assemblyman Dan Logue, who simultaneously ran for re-election to his Assembly seat. Also running was Magalia resident and Democrat Mickey Harrington, who’d run for the Assembly in the past, and Jann Reed, a member of the Chico Unified School District Board of Trustees.

Reed did not state a party preference, nor did two other candidates, Ben Emery and Dan Levine. Eventually, acting on his doctor’s orders due to a kidney ailment, Logue dropped out to concentrate on his Assembly race. Emery also dropped out of the race, but both candidates’ names remained on the ballot and confused enough voters to keep Nielsen from getting the coveted 50 percent plus one. As such, he and Harrington are facing off in a costly special election on Jan. 8.

Label-GMOs movement takes off

The Proposition 37, the California Right to Know ballot-initiative campaign to mandate labeling of foods containing genetically modified organisms (GMOs), was one of the most newsworthy political events in recent memory.

By now, people around the world are familiar with the Chico grandmother named Pamm Larry who started the whole Prop. 37 train in motion back in early 2011. Larry spent 2012 tirelessly traveling the Golden State to qualify the proposition for the ballot and to promote it to voters with the help of the 10,000 volunteers she rallied to the cause.

Though the landmark proposition was defeated by a small margin, it was deemed so significant that huge multinational corporations such as Monsanto, DuPont, PepsiCo, General Mills and Kellogg collectively threw big money—to the tune of almost $50 million—into a No on 37 campaign that employed a number of deceptive tactics designed to sway voters to vote against it. Among those tactics were the false portrayal of ad-campaign front man Dr. Henry I. Miller as a representative of Stanford University (Stanford subsequently forced the TV ads and mailers making that claim to be edited), and sending out a mailer masquerading as Democratic campaign literature encouraging a “no” vote on Prop. 37.

Also notable was the number of popular organic-food companies that surprisingly donated money to the No on 37 campaign, such as Kashi, Horizon, Muir Glen, Cascadian Farm and Chico’s own Smucker’s, maker of R.W. Knudsen juices.

As one prominent watcher of the Prop. 37 campaign, widely known author and food activist Michael Pollan, noted in an Oct. 10 piece he wrote for The New York Times, “One of the more interesting things we will learn on Nov. 6 is whether or not there is a ‘food movement’ in America worthy of the name—that is, an organized force in our politics capable of demanding change in the food system.”

Though Prop. 37 lost, the movement that Larry started has spread to other states in the nation—Washington, for instance, is expected to bring a labeling initiative like Prop. 37 to the ballot in 2013, and Oregon is beginning the signature-gathering process to do likewise.