DON’T TRUST THE PEOPLE … now that a poorly funded, grassroots effort has begun to put our skyrocketing water rates to a vote of the people, one member of the Davis City Council has dismissed the effort as “just the latest in a long string of attempts to block our community’s access to clean surface water.” … those are the words of Mayor Pro-Tem and California Assembly candidate Dan Wolk, and frankly, they surprise me …

First, this is an initiative about a confusing and unfair rate structure that punishes some citizens and rewards others instead of treating us all as equals by charging everyone the same per-gallon rate … I’m not aware of anyone trying to deny Davis “clean” water … in fact, the implication here is that the initiative circulators are somehow in favor of “dirty” water, which is just plain silly, since they are consumers of that very same water like everyone else … it’s also distressing when an elected official denigrates the initiative process, which is seen by many as a last resort when officialdom goes down a path the citizenry might not approve of …

I realize that letting the people vote on something of such importance is scary stuff for a sitting City Council member, but if 50.1 percent of the electorate agrees with Councilman Wolk, he has nothing to worry about … had the rates been on the ballot last March as they should have been, along with the city’s sudden decision to add fluoride to the water, the outcome on the project itself may very well have been different … letting the people have their say is never a bad idea …

THE WILL OF THE PEOPLE … those pushing for an up-or-down vote on the new water rates are already hearing that they’re thwarting the “will of the people,” given that 54 percent of those who bothered to vote last March approved the surface water project … again, the council has never given the people a chance to vote on the rates … for obvious reasons … the council could have put the rates on the ballot last March, but declined to do so … as for the “will of the people,” being denied, we need look no further than the recently litigated Proposition 8, where those who felt their rights were violated by a vote of the people sought redress through the courts …

CITY SPINS ITS WHEELS IN COURT … the city’s legal eagles had their feathers clipped in Yolo County Superior Court this week when their motion to “bifurcate” the proceedings of a lawsuit challenging the constitutionality of the rate structure was denied by Judge Dan Maguire … the city argued that “The lawsuit impacts and will impair or delay project financing and the construction of the project and subject the city to additional costs under the JPA (Joint Powers Agreement) if the validity of the city’s water rates is not resolved in the next few months.” … possibly true, possibly not, but nobody forced the city to enter into the JPA with a lawsuit pending …

Added our legal reps: “The city stands to suffer substantial prejudice if the validity of the Ordinance 2405 water rates are not decided promptly. If the city misses its deadlines under the JPA or is required to revisit its new rates as a result of this litigation, the city will be liable to Woodland for costs incurred and will also have to reimburse Woodland for its reasonable costs for having to redesign the project.” … probably true, but as was noted here some weeks ago, it’s a self-inflicted wound … the city could have waited for a ruling on the lawsuit before entering into the JPA … it chose not to …

As Judge Maguire noted in his short and direct tentative ruling: “Defendant (City of Davis) fails to show that bifurcation, as proposed, would promote judicial economy or convenience.” … and, tellingly, Maguire added: “Further, defendant was aware of the current lawsuit when it entered into the joint powers agreement with the City of Woodland on February 26, 2013.” … in other words, even if the city is right about the damage that may come its way, it’s a self-inflicted wound, one that easily could have been avoided …

THE BOTTOM LINE … the sad part about all this is that the citizens of Davis did indeed vote to approve the surface water project … what they didn’t vote for was a crazy rate structure that is clearly unfair to a variety of ratepayers and, as such, one day may be ruled unconstitutional … had the city simply instituted a straightforward, pay-as-you-go, per-gallon rate for the water each citizen uses, we wouldn’t be in this mess …

— Reach Bob Dunning at [email protected]

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