On March 29, the City of Davis was served an amended lawsuit over the city’s water rates.

The new suit alleges that the city’s wastewater and water rates are in violation of Proposition 218, which states that a ratepayer cannot be charged more than the cost of supplying water to their property. Additionally, the lawsuit states that the City of Davis has not been charging itself for its water and wastewater usage.

The plaintiffs, Yolo Ratepayers for Affordable Public Utility Services (YRAPUS) and John Munn, the former president of the Yolo County Taxpayers Association, are represented by former Davis City Council member Michael Harrington.

“We’re going after them for the wastewater rates because they treat themselves like they do water,” Harrington said. “The rates, we think, are illegal and in fact, the city knows it.”

The plaintiffs believe the wastewater rates are illegal because monthly fees are based on potable water usage rather than the actual amount of water that enters the city’s wastewater system. Wastewater rates are calculated from November to February because that is when the least irrigation takes place.

A press release from the City of Davis stated that “the city firmly believes the water and sewer rates are legally valid and the lawsuit is without merit. This is based on legal analysis by statewide experts on rate structure legalities.”

Deputy City Manager Kelly Stachowicz said that the city doesn’t know what other aspects of the lawsuit were changed in the amended suit.

The city sent a response to Harrington and the plaintiffs, denying every allegation made against them regarding the water and wastewater rates.

“As part of our research into the rate structure, we uncovered problems with the wastewater treatment rates,” Harrington said. “We became convinced that the rate structure doesn’t comply with [Prop.] 218.”

The amended lawsuit retains the original allegations regarding the city’s water rates to be in violation of Prop. 218.

YRAPUS filed the original lawsuit in January and city officials answered and acknowledged not paying for their water consumption.

The city’s statement in response to the original lawsuit said “the city does not separately account for water used at city facilities, [but] the city also does not charge the water division rent for its use of city park space where some wells are located, and the reimbursement of other city services and facilities is overdue for reconciliation and an update.”

Interim Public Works Director Bob Clarke said the city has already budgeted its water consumption for the 2013-14 fiscal year.

As a result of Measure I, water rates are expected to increase starting May 1. Measure I was approved by the Davis City Council on March 19. The lawsuit states further rate increases will be in violation of Prop. 218.

Measure I will raise water rates over the next five years to pay for Davis’ share of the $245 million Woodland-Davis Clean Water Agency surface water project. By 2018, water rates are expected to triple.

In light of the rate increases, the City of Davis has created an effort to help residents reduce their water consumption.

“Rates are going to increase and we want to give an added incentive for people to conserve,” Stachowicz said.

The city teamed up with San Francisco-based WaterSmart Software to create a program with which residents can monitor their water consumption. Residents can sign up on the city’s website to view their water usage online and receive water reports by email.

“The residents of Davis are eager to do their part to conserve water,” said City Manager Steve Pinkerton. “WaterSmart Software has provided us with a cost-effective way to do just that. With WaterSmart, water customers in Davis can track their water use, compare their usage to similar households and learn about simple ways they can do their part to conserve.”

The city is moving forward with the rate increases and implementing new programs related to water consumption.

“It is unfortunate that the Yolo Ratepayers for Affordable Public Utility Services group are not satisfied with the outcome of the Measure I election. Based on the Measure I vote, the city has a duty to move forward and meet the city’s future water needs,” the city stated in a press release. “The city will vigilantly defend itself and the ratepayers against this lawsuit. Regretfully, the Davis ratepayers will bear the cost of defending this lawsuit.”

PAAYAL ZAVERI can be reached at city@theaggie.org.

In May, Yolo County will become the second county in California to employ Neighborhood Court, a method of restorative justice, in Davis and on the UC Davis campus.

This program, a partnership between Yolo County District Attorney (DA) Jeff Reisig, the Davis Police Department and the UC Davis Police Department, will handle low-level, nonviolent adult criminal offenses that would normally proceed through the criminal court system. There will be a separate neighborhood court for the UC Davis campus and another for the Davis community.

According to Reisig, the process of establishing a Neighborhood Court in Yolo County began in January, although he first began to consider the idea after a conference with other district attorneys about a year ago. Inspired by the success of the neighborhood court implemented in San Francisco by District Attorney George Gascon, Reisig believed a neighborhood court would be suitable for Davis as well.

“What intrigued me about it was that it’s a total alternative to the criminal process for low-level crimes,” Reisig said. “I was an undergrad at UC Davis, lived in the Davis community and knew it would be a good fit for Davis. It’s a diverse community, a sophisticated community, and there are a lot of people who would be interested.”

According to UC Davis Chief of Police Matt Carmichael, the neighborhood court process would begin like one for a typical misdemeanor: The offender is either cited or arrested for a low-level misdemeanor such as vandalism, theft, public drunkenness, loitering or being a minor in possession of an open container of alcohol and is issued a ticket with a court date.

“These are victimless crimes, but the victim is the community,” Carmichael said. “With a typical misdemeanor, the victim doesn’t have a role in the process.”

However, starting on Picnic Day, April 20, when the program officially begins, the offender will also receive a notice to contact the district attorney’s office within two weeks if they are interested in participating in the Neighborhood Court. If contacted, the district attorney’s office will determine the eligibility of the offender. The incident must be a first offense, and the offender must participate voluntarily.

“This is not a venue where people will go to determine guilt or innocence,” Reisig said. “The guilt of the offender is already established and the goal of the process is to make the victim whole. However, it is also a huge opportunity for the offender. The DA won’t file a criminal complaint, it won’t go on their record and they won’t have to live with the stigma of a criminal offense.”

The restoration of the victim, according to both Reisig and Carmichael, is the overarching goal of restorative justice. In the Neighborhood Court, this restoration is achieved through community service, to be agreed upon by the panel and the offender. Depending on the nature of the crime, this may include actions such as writing letters of apology or volunteering in the UC Davis Arboretum.

“The aim is to make the community whole and to fill in the gap created by the offender,” Carmichael said.

Annually, there are approximately 5,000 misdemeanors in Yolo County, 1,000 of which are issued in Davis, Reisig said. In addition to saving the time and money incurred through the court process, the Neighborhood Court has further benefits as well, according to Reisig.

“The problem with the traditional system is that the penalties are not meaningful for the parties involved,” Reisig said. “Davis is a college town with a young population base, and most of the offenders in crimes such as these are not ‘bad’ or destined for a life of crime. These are often just stupid decisions, and it [the Neighborhood Court] gives them the opportunity to make it right and avoid the stigma of a criminal offense.”

Neighborhood Court panelists are screened volunteers and receive approximately 20 hours of restorative justice training before participating. Neither the Davis panel nor the UC Davis panel is intended to be an unbiased decision-making body such as a jury — on the contrary, the UC Davis panel is composed of UC Davis undergraduate and graduate students, faculty or alumni who are part of the community.

“These are confidential hearings,” Reisig said. “They’re not open to the public or the media and are really a dialogue between the offender and the community. The program has proven successful in San Francisco from talking to the panelists and participants involved there.”

According to Reisig and Carmichael, the Neighborhood Court will never consider serious or violent crimes such as assault or rape. The goal, they say, is to ensure it is safe for everyone involved to participate.

“We’re primed for this,” Carmichael said. “I’m impressed we’re moving forward and am excited to be a part of it.”

Anyone interested in volunteering on a Neighborhood Court panel can apply at yoloda.org, which receives applications on a rolling basis.

The program has been met with positive reception by the UC Davis and Davis communities thus far, according to Reisig and Carmichael.

“The only criticism so far is that it should have started sooner,” Reisig said.

MEREDITH STURMER can be reached at city@theaggie.org.

A press conference was held on the South Steps of the State Capitol on April 8, where State Representative Bob Wieckowski (D-Fremont), State Controller John Chiang (D-Torrance), members from the California State Student Association (CSSA) and other California higher education students expressed support for several bills focusing on reducing the $1 trillion student loan debt. There were around 150 people in attendance with five speakers.

According to College Board Trends in Student Aid for 2011-12, undergraduate students received an average of $13,218 per full-time equivalent (FTE) student in financial aid, including $6,932 in grant aid from all sources and $5,056 in federal loans. In addition, students borrowed about $8.1 billion from private, state and institutional sources to help finance their education.

Wieckowski’s four bills — Assembly Bill (AB) 233, AB 391, AB 534 and Assembly Joint Resolution 11 — use a dual approach to the student debt issue that focuses on preemptive financial literacy education as well as alleviating the financial stress from paying off student loans for graduates, according to Wieckowski.

Student Bill of Rights
AB 233 was approved by the State Assembly on April 11 with a vote of 50-22 and will go to the State Senate. The other bills are still moving through the Legislature.

AB 233, also known as Student Loan Wage Garnishment, would require creditors to work out a repayment plan with debtors to prevent a maximum of 25 percent of a student’s disposable income garnished by a creditor.

AB 391, also known as the “Common Cents Curriculum,” would increase financial literacy by adding economics curriculum standards to K-12 education.

AB 534, the “Know Before You Owe” bill, would require entrance and exit loan counseling to students and would be applied to all private loans.

Assembly Joint Resolution 11, the “Financial Fresh $tart Act,” would allow students to file for bankruptcy for private loans.

Information about the assembly bills was compiled from the Student Bill of Rights package summary.

“This is a crisis that is getting worse. A college education is supposed to improve your financial security, not destroy it. That is why I have introduced a Student Bill of Rights,” Wieckowski said in a released statement.

Progressive support needed
Supporters at the rally said there needs to be change soon before the student debt issue worsens.

“We are one small recession from the student debt being an urgent issue again. What we saw from 2006-08 in terms of the banks’ practices in private student loans didn’t ease up when the economy got better in the way health loans got better, so all the practices are still there waiting,” said rally volunteer and former instructor at UC Santa Cruz Tamara Belknap.

The bills are supported by the CSSA, a nonprofit student association governed by a student board of directors composed of the officially recognized representatives of each of the 23 CSU campuses that address issues affecting students statewide and system-wide. There were around 100 CSSA-affiliated students in attendance at the rally.

“I think Wieckowski’s bills address an important piece of the puzzle,” said CSSA executive director Miles Jason Nevin. “We need to do a better job earlier in student life for financial literacy education. If it’s mandatory in the K-12 curriculum, we should see better financial decisions being made.”

Student advocates from the CSSA spoke at the rally, sharing personal stories of their own experience with private student loans and debt.

“Financial literacy is certainly part of the problem. I think the bills are one way to address the issue but they aren’t going to answer the whole problem. A lot of students don’t understand how debt and the whole financial system works,” said CSSA Vice President of Legislative Affairs Pedro Ramirez.

Ramirez said the bills address the rights issues within California, but the problem stands on a much larger scale.

“It needs to be addressed federally. Student debt is a national issue. That being said, I do think California is leading the way and protecting its students,” Ramirez said.

Challenges accepted
Some individuals foresee some challenges that will come along with Wieckowski’s bills.

“There will be challenges because the bills will require some funding from the public system. [Wieckowski] will have to find resources through the appropriation committee. However, the economic payoff is so much greater that we don’t see it as an expense but rather as an investment to provide students the tools to be conscious consumers,” Nevin said.

The student debt problem is prevalent among UC Davis students as students must deal with private student loans very often. One student shared her experience.

“By the time I graduate, I’ll have $20,000 in loans. It’s something you don’t really think about while you’re in college but as soon as you’re done you have to think: Well, how am I going to pay this back? I had some background on student loans education in high school. My teacher showed us how to calculate compound interest and how to manage funds. I still find it helpful so I support [Wieckowski’s] financial literacy bill,” said third-year environmental policy and planning major Ashley Goldlist.

Supporters of Wieckowski’s bills believe this issue is gaining support and can benefit from widespread student advocacy.

“A call to your local assembly member will truly build a lot of momentum,” Belknap said. “It is astonishing how much attention gets paid to the calls, letters and emails in support and in opposition to bills. I encourage all students to get involved and take part in the decision that will directly affect their futures.”

GABRIELLA HAMLETT can be reached at city@theaggie.org.