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Clean water, not sewage

Are You Really Content To Drink Sewage When You Don’t Have To?

“If you can’t convince ’em, confuse ’em. It’s an old political trick.”

—Harry S. Truman

 

Before discussing water issues in Ventura, we must first dispel a myth. The City of Ventura has plenty of water. We have almost ten times the water we need annually in reserves. So, the City of Ventura’s insistence to conserve drinking water because we don’t have enough is untrue. There are many good reasons to save, but not having enough drinking water is not one of them.

No need for sewage water

Between Foster and Mound Basins alone, there are 141,600 to 184,600 AF of water. Assuming there is zero replenishing of groundwater—and not counting on our other water resources from Casitas, Santa Paula, Oxnard Basin or State Water (a combined amount of 12,072 AF more per year)—Ventura has almost ten times the water it needs annually in reserves.

Historically, Ventura has used an average of 21,000 acre-feet of drinkable water per year. This figure has been steady over the past 30 years. With conservation and reduced consumption, Venturan’s have managed to reduce our water usage to 15,000 acre-feet per year. So, regardless of doom and gloom declarations issued by the State of California, or what Ventura Water tells us, Ventura has enough water. (See Notes On Water Availability below for additional information).

THE REAL ISSUE

Ventura’s real problem is a legal Consent Decree, agreed to by the Ventura City Council in 2012.  That Consent Decree mandates that Ventura must stop dumping treated sewage* into the Santa Clara River.  The amount of sewage to be diverted will be as high as 90% (about 4,685 AF per year) according to one panel of experts, leaving the remaining 10% to be treated and left in the estuary for fish and wildlife.

*Ventura Water calls sewage wastewater, effluent, or tertiary treated flows among other names.

SO HOW DID WE MAKE THIS ABOUT DRINKING WATER?

To comply with the Consent Decree, Ventura Water conceived that Ventura would inject this treated sewage directly into our water system, thus began VenturaWaterPure.  For six years City leaders led citizens to believe Ventura has no choice but to move full speed ahead and accept the use of sewage using Direct Potable Reuse (DPR), but a primary reason for DPR was “because we need the water.” Few citizens knew about the underlying problem to comply with the 2012 Consent Decree. With that false justification of needing more drinkable water, the City committed to spending over $500,000,000 for DPR to abide by the Consent Decree.

DPR IS NOT APPROVED OR SAFE

Toilet to Tap is Sewage WaerCosting over $500,000,000 is not the only issue.  The more significant issue is that the City Council assumed DPR water was safe to drink.  It is not safe.  An expert panel, appointed by the State Water Resources Control Board, determined that DPR is feasible. Yet, using such water would be harmful to public health and safety with the current technology. They reported that except for two remote areas on the earth (Namibia and a city in northern Texas), which have no other drinking water options; such water is not suitable for human consumption.

There are no regulations in place anywhere in the United States, or the State of California, permitting or governing that use.  Nobody knows if, or even when, the state will publish such regulations.  It is highly improbable that this will occur by the December 31, 2025 Consent Decree deadline.

SO WHERE IS STATE WATER IN THIS PLAN?

Ventura Water has ignored the majority of citizens desire to tie into the State Water Project because it knows the State Water Project does nothing toward complying with the Consent Decree. In June 2018, the City Council directed Ventura Water to make importing State Water the top priority. While that pipeline project is in motion, Ventura Water plans to work on DPR while they work on the State Water pipeline.

WHAT CAN THE CITY DO TO CHANGE THE COMPLIANCE DATE OF THE CONSENT DECREE?

While Ventura must abide by the Consent Decree, the compliance deadline of December 31, 2025, may be unattainable. At this point, the Consent Decree remains the driving force behind all Ventura’s water decisions. With the land acquisition, planning, construction, EIRs and financing required, the 2025 deadline is not feasible.

However, the Consent Decree says the court can extend the time limit in the event of construction constraints, financing problems, or an emergency. It requires Ventura to petition the court requesting an extension, or an agreement with the plaintiff and their lawyers. That has not happened.

The most devastating natural disaster in Ventura’s history occurred in December 2017. The Thomas Fire wiped out over 500 homes and destroyed water systems throughout the city. The Fire further delayed Ventura Water in the planning, design, and construction of projects to meet the requirements of the Consent Decree. It seems clear that Ventura should petition to the US District Court for a 5-year extension. There’s only one thing standing in the way of requesting that extension — our lawyers.

WHY THE DELAY IN SEEKING TO EXTEND THE DEADLINE?

On February 4, 2019, Council Member Jim Friedman asked our City Attorney, Gregory Diaz about extending the deadline.

Mr. Diaz’s advice is that we should not at this time.  He wants to keep this option “in his back pocket.”

  • He said petitioning the Federal Court would be laborious for the lawyers with no guarantees.
  • He wants to maintain good relations with various Environmental Groups.
  • He was concerned an extension would cause the regulatory agencies to divert their attention away from Ventura.
  • We need water.
  • The State Water Resource Control Board and State Regulators may require a different timeline for our current temporary sewage permit than the Federal court if we petition to extend the deadline.

The Water Commission asked the outside attorney representing the City of Ventura about an extension.  She answered that Environmental Groups are very cooperative and would likely be favorable to an extension because of the positive relationship.

Mr. Diaz says that using the Thomas Fire sounds like an “excuse.” He’s concerned it might give the impression Ventura is looking for a reason to not act. If the most significant human disaster in Ventura’s history is not a strong reason, then nothing is.

EDITORS COMMENTS

Our City Attorney is taking a huge risk with our $500 million.  It is clear that he doesn’t intend to pursue an extension with his “keeping it in his back pocket” explanation.  Mr. Diaz continues with the myth that water is a problem for Ventura and that treated sewage is the solution Hopefully the City Council will remember that we must “keep our experts on tap and not on top.”

If he waits 4-5 years from now, the Federal Court may ask, “Where were you 4-5 years ago?” If he plays his “back pocket” card in the 11th hour and the court denies it, what then?  What seems clear, the further away from the Thomas Fire disaster, the less persuasive the argument for an extension. In the meantime, we spend millions that we may not have needed to pay in the next six years.

Would it be more prudent to send a letter proposing the extension?  The worst the Plaintiff or the Court can do is say, “No.”  If that is the case, then Mr. Diaz’s good faith argument disappears. Then, the Court’s ruling becomes ‘exhibit A’ in support of a motion in the Federal Court. The city could then use the argument, “What’s a poor mother to do? We asked. We thought they were nice and cooperative folks, but they proved to be something else.”

NOTES ON WATER AVAILABILITY

The California Groundwater Bulletin 118, published by the Department of Water Resources, reports that the Ventura River- Foster Park Basin has reserves of 31,600 acre-feet (AF) of water. It recharges 3,500 AF of water each year by underflow. In 2018, Ventura Water Department only pumped 2,384 AF from Foster Park.

The California Groundwater Bulletin 118 also reports that the Mound Water Basin, which is on the east side of the city, has 153,000 AF of storage capacity. During dry periods, Mound Basin is likely 72% full, for a total of 110,000 AF.

MAKE THE CITY COUNCIL INSIST ON ACCURATE INFORATION FROM VENTURA WATER

Below you’ll find the photos of our current City Council. Click on any Councilmember’s photo and you’ll open your email program ready to write directly to that Councilmember.

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It Was The Best And Worst Of Times For Ventura In 2018

“Those who fail to learn from history are condemned to repeat it.”— Winston Churchill

Last year was a most transformational year in Ventura’s history. Every aspect of life in Ventura was affected. The city was in the national spotlight, twice. Leadership changed but at a high price. Old ways of doing business didn’t change, though. Overall, it was a year to remember.

December 2017

To understand 2018, you must appreciate December 2017 and the Thomas Fire. The fire destroyed 535 houses in Ventura. The city was the epicenter of the national news.

Thirteen months later, Ventura had the opportunity for the most significant economic stimulus since the oil boom but failed to capitalize on it. Rebuilding the homes will stimulate the local economy by $350 million. The only thing standing in the way of that economic windfall is the city.

What are the lessons we learned from the Thomas Fire? Good question. Thirteen months later we still don’t know that answer. The city has yet to produce a report on its findings. [Read More]

January 2018

The Montecito mudslides closed off transportation into and out of Santa Barbara along the 101. Many Venturans that work in Santa Barbara were unable to commute.

March 2018

The City Council waffles on second-story height restrictions for rebuilding Thomas Fire victims’ homes, delaying the rebuilding process and adding costs for many. [Read More]

April 2018

Jamal Jackson slays Anthony Mele, Jr. on Ventura’s promenade. Once again, the city was thrust into the national news.

Ventura Police increased patrols along the promenade. The City Council approved funds to continue the patrols. Arrests increased after the incident.

Post-incident, the Police department reviewed its procedures. There have been changes to the security camera monitoring as a result. The review also concluded the call was not improperly prioritized when it came in two and a half hours before the murder.

Since May, the community has returned to business as usual. [Read More]

June 2018

Ventura Police officers sign a new contract with a 5% pay increase. The timing of the announcement was questionable, but the contract was a fair one. [Read More]

July 2018

The City Council instructs Ventura Water to focus on connecting to State Water over Direct Potable Reuse (DPR). DPR takes recycled wastewater and injects it back into the drinking supply.

The City Council approves a $600,000 per year “roving” fire engine and three paramedics over the objections of Interim City Manager Dan Paranick. Ventura Fire hired two of the three paramedics before the Council approved the funding. [Read More]

September 2018

Ventura Water hires eight new positions. The City Council approved the department’s budget that included these positions. Ventura Water based that budget on Direct Potable Reuse (DPR) projects being the city’s top priority. When the Council realigned Ventura Water’s priorities in July, the department didn’t adjust its manpower requirements.

October 2018

Ventura Water begins installing new digital water meters. It is a $9 million project that will take three years to complete. The new meters allow more precise leak protection. The new meters also measure water usage more precisely. You can expect your water bill to be more accurate, too.

November 2018

Ventura held its first City Council elections by voting district. Lorrie Brown (District 6), Jim Friedman (District 5), Erik Nasarenko (District 4) and Sofia Rubalcava (District 1) won. The candidates raised a record amount of money, despite campaigning in districts instead of citywide. The cost-per-vote skyrocketed to win a seat from $2.75 per vote in the last election with an open position to a record-high $26.42. [Read More]

City Council Election

December 2018

Alex McIntyre starts as City Manager. He replaces Mark Watkins who resigned in November 2017. The city had operated with an interim-City Manager since January 2018. McIntyre comes to Ventura from Menlo Park where he was City Manager for six years.

Ventura’s new City Councilmembers are sworn in. The Council has four female members: Lorrie Brown (District 6), Cheryl Heitmann (District 7), Sofia Rubalcava (District 1) and Christy Weir (District 2). Ventura has its first female-majority City Council in history. It’s also the most diverse set of Councilmembers the city has ever had.

Wish The Councilmembers Good Luck In 2019

Below you’ll find the photos of our current City Council. Click on any Councilmember’s photo and you’ll open your email program ready to write directly to that Councilmember.

Councilmembers Councilmembers
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New construction after Thomas Fire

Ventura Has Opportunity To Improve After The Thomas Fire

Improve After The Thomas Fire

The City Council waffled on second-story height restrictions for rebuilding victims’ homes. Indecisiveness delayed the rebuilding process for many. Councilmembers exhibited big hearts and small brains settling on the new height ordinance. They attempted to please fire victims wanting to improve their homes. Doing so delayed rebuilding for everyone. It was clear that many of the burned houses would have to come up to existing building codes. Many of the homes were built decades ago when the codes weren’t as strict. Plus, setbacks from the street had also changed. For fire victims to rebuild their houses “as is” would cost more. The new home would have a different footprint on the lot and impede neighbors’ views.

What’s more, some homeowners wanted to change the design of their new home since they were rebuilding. To please those homeowners, the Council created exceptions. They decreed restoring a home could include as much as 10% increase in the size of the structure. While well-meaning, this decision meant every house was a custom-built home. The decision put added pressure on city staff when reviewing and approving plans. And it further delayed homeowners receiving building permits.

There was another consequence of the Council’s lack of urgency. Most homeowners’ insurance provides 18-24 months of living expenses while rebuilding. The Council’s delay will force rebuilding beyond 24 months for many homeowners. As a result, those homeowners will have an added financial burden. They will pay for temporary living expenses when their insurance runs out. Plus, they will also be paying their mortgage on a destroyed home.

Don’t Miss This Chance To Improve After The Thomas Fire

The City Council’s inaction delayed a significant economic stimulus for Ventura. It reinforced the perception that Ventura lacks urgency and is bureaucratic. Now, there is a new City Council. We hope they’ll look at this process with a fresh perspective. If they do, they’ll see the need for change. We want them to force the city staff to streamline and simplify the building and permitting process.

Keeping an eye on the City Manager

Take Notice Of The New City Manager In The First 100 Days

“…Great responsibility follows inseparably from great power.”
—Voltaire

What’s next for Ventura with a new City Council and a new City Manager? Is Ventura better prepared to meet the challenges of 2019 and beyond? At the inception, the answer may be no. It takes time for city government to change course even if danger signals abound. Given time, however, there are many things to be hopeful about.

Ventura Welcomes A New City Manager

As of this week, Ventura’s new City Manager, Alex McIntyre, started his new position and will begin getting acquainted with staff, community leaders and the city at large.

New City ManagerMr. McIntyre is no stranger to managing municipalities so it goes without saying that he will become intricately familiar with Ventura’s budget and various legal agreements over the next few months. He begins his working relationship with a seven–member city council, two of which will be new and inexperienced.  He also will meet a notoriously entrenched bureaucracy.

Because the former City Manager, Mark Watkins, left the City Manager position in December 2017, Ventura has operated with interim city managers for 11 months. During that time, city employee turnover and vacancies has become problematic. One job site showed 55 City of Ventura job openings alone.

The first priority will be filling positions critical to providing departmental leadership, and in turn quality public services. Key positions, such as Public Works Director and Finance and Technology Director, will likely be filled by one of Mr. McIntyre’s own team members. Other key positions and new direction are badly needed in a community that is still struggling with the Thomas Fire rebuilding programs.

New City Manager can help with Thomas Fire rebuildingNotwithstanding assurances from the Community Director, after the Thomas fire disaster, the rebuilding process has not been smooth. Hundreds of citizens have been presented with inconsistences in building, planning and permits for Thomas Fire victims trying to rebuild and repair their homes. Then there are some homeowners who are concerned that any form of complaining will further delay the process but these same homeowners share many horror stories outside of City Hall.

As an example, while one planning checklist says that a Mechanical, Electrical, and Plumbing services report (MEP) is not required for homes under 3,000 sq. ft., Building and Safety has been known to request an MEP anyway. While maybe this request is made as an abundance of caution, it places long delays and huge costs and angst upon the fire victims. Another homeowner, who lost their home in Clear Point, remained upset that after the height allowance for 2 story homes was increased because of complains by homeowners, the height allowance for single story homes was decreased.

While these types of arbitrary decision can be appealed, an appeal process may take months or longer. For folks who just want to get past the nightmare and get back into their home, this is a cruel and harsh procedure. It is strongly suggested that the process be reviewed and a streamline. It is recommended that a 5 day appeal process be implemented to eliminate any bottlenecks in the building & safety and permit process.  This would be a good first step for our new City Manager.  Building confidence in his leadership is very important for the community.

A New City Council And A New City Manager

The next priority will be the education and training needed to help the new city council become fully familiar with city budgets, the Comprehensive Annual Financial Report (CAFR), finances, the Casitas Water Agreement and various other legal agreements, protocols and procedures so future decisions will be based upon a good understanding of past city council actions.

Finally, getting a realistic handle on whether to now spend another $536 million on the Capital Improvement Plan (CIP) projects, for new water and wastewater plants, within the timeframe mandated by the Wishtoya Foundation Consent Legal Decree, or extend the date for compliance of that agreement is extremely important.

Compliance with the current deadline of January 1, 2025, is likely improbable.   That 2025 deadline for compliance is looming, yet after 6 years of numerous biological studies, the State Water Board has still not made any decision on how much of the 9 million gallons per day of treated wastewater can continue to be released into the Santa Clara Estuary, or how much of that wastewater must be pumped and used for other purposes.

State experts have reported that Direct Potable Reuse (DPR) of wastewater is not safe for human consumption and further studies on the safe use of that water are not planned for another 3 years. Even if approved, the State of California will then have to develop and approve statewide standards.  When and if that happens, this would be followed by a complex EIR and State Water Board hearing process to determine specific standards for Ventura.

Nowhere in the U.S. have regulatory standards been approved for DPR.   Notwithstanding these hurdles, the majority of this past City Council has continued to march toward compliance by 2025, and continue to plan to raise water and wastewater rates to build projects for DPR.  It is obvious that the City of Ventura must take further action available through the Wishtoya Agreement.  Read the Consent Decree here.

In 2017, Ventura experienced one of the worst disasters in its history with the Thomas Fire. The city’s financial and human resources have been extended beyond its limits.  Add that to the burdens of a Federal Consent Decree agreed to in “private session” by the City Council in 2012, and our community faces real financial distress.  It is imperative that the City of Ventura take the legal steps now and direct the City attorney to petition the court to extend the implementation deadline until 2030 -2035.  The Consent Decree recognizes and permits that process in article 26.   Why the immediate past City Council has been dragging their feet on this issue is perplexing.  If there is a good reason, nobody is sharing it with those who matter – the citizens and rate payers.

Editors’ Comments

With great power comes great responsibility. The new City Council and City Manager bear the burden of facing daunting challenges. We hope they will be powerful enough to meet those challenges.

New construction after Thomas Fire

The Council Mustn’t Fail The Victims Of The Thomas Fire

Thomas Fire consumes Ventura homes

The Thomas Fire consumed over 400 residences in Ventura

At the December 11th Ventura City Council meeting, there was total cooperation and support of all City departments, County of Ventura, State of California, Cal Fire and every other state and local agency present and committed to protecting our health and welfare. The heroic efforts are endless and stories of individuals, going above and beyond, will follow for weeks, months and maybe years.

At the meeting, the keywords were:

  • Patience
  • Understanding
  • Closure

Hurdles will be:

  • Things will not happen as quickly we think it should
  • Air quality
  • Toxins
  • Unsafe partial structures

Several stages will take place before the actual rebuilding begins. In the meantime, all city services, police, fire, public works, water, etc., will continue, giving most of us a sense of returning to normalcy.

First-responders fight the Thomas Fire

Firefighters and first-responders performed admirably during the Thomas Fire

We are utterly grateful for the first responders and thoroughly sympathetic to those who have lost so much. This article is about moving forward.

Take Bold Steps Now For the Thomas Fire Victims

Ventura only needs to look at the recent actions in the City of Santa Rosa, to help prepare for the massive undertaking of rebuilding over 500 new homes.

Taken from an interview with the Santa Rosa Mayor:

Santa Rosa Mayor Chris Coursey surveys the damage from fires in October 2017

‘In 90 days I expect the rebuilding process to be well underway, with at least some homes under construction. The Santa Rosa City Council has established what essentially is a “second” planning department to deal specifically with rebuilding, which will smooth and shorten the permit process to get construction underway faster, and speed the inspection process to help builders keep their work moving.’

In Santa Rosa, the mayor was asked: How is red tape being cut to expedite rebuilding?

‘In Santa Rosa, we adopted our “Resilient City” ordinance to issue building permits over the counter, without extensive review, to anyone wanting to rebuild within their home’s prior footprint.
Design review will be limited to a staff determination rather than requiring a public hearing. Second units will be allowed on the property so homeowners can live on site while rebuilding their homes.

‘And as noted earlier, a separate “Resilient City” planning department has been created to specifically deal with rebuild projects, ensuring that firestorm recovery doesn’t have to compete with the day-to-day planning needs of city government.’

For decades, Ventura is infamous in its slowness to approve and issue building permits. The Form-Based Code concept became known as “Ventura, Building One Project at a Time.” Attempts to change this system have been mostly unsuccessful. It has not been a priority.

We have Sacramento to thank for more of the regulatory hurdles that add to this cumbersome and wearisome process. The City of Ventura may not be able to change the regulations and fiats issued by the Sacramento political folks, but we can change the time it takes to review and issue permits.

A Tale of Two Cities

As an example of sending a mixed message, Ventura Community Director Jeff Lambert told a town hall meeting of Keller-Williams realtors:

“We are looking at least six months before construction can begin. If you are planning on rebuilding your home and seeking temporary housing, it would be best to secure a place for at least a year if not 18 months to 2 years if possible. There is no definite timeline at this point, and it would be better to seek a longer lease than a shorter one…”

It is true that Ventura is moving into “untested waters,” but in times of a terrible disaster, business, as usual, is not an option for Local Ventura politics.

We have many experienced and licensed builders, plumbers, electricians and engineers in this City who are qualified to assist in this process.

Rebuilding after the Thomas Fire is paramount

EDITORS COMMENT

 We urge the City Council to immediately:
  1. Modifying and reducing the building permit and fee schedule is a positive step. However, Insurance companies will likely pay building and permit fees. After the rebuild, if the prior resident remains in the house for a year or two, reimbursing those costs may be in order but not as up-front fee elimination.
  2. Require all building plans for single-family homes and related structures to review and permits issued within 90 to 120 days of application.
  3. Allow local Ventura engineers and approved professionals in the construction industry to review and certify that the technical requirements of the uniform building codes have been met, and require city staff to accept these certifications in approving or disapproving plans submitted to building and safety.
  4. Outsource the construction process so qualified professionals may review building plans and to conduct building inspections for better cost efficiency. Hiring more city employees causes long-term costs that are difficult to control and reduce once the projects are resolved.
  5. Contact Santa Rosa city officials to learn from their experience.
Times of crisis require significant measures to address that emergency.  The citizens in this community who suffered in this disaster need all the help they can get.

 

Have An Opinion? Share It With A City Councilmember.

Click on the photo of any Councilmember listed below to email them directly.

Neal Andrews, Mayor

Matt LaVere, Ventura City Council

Matt LaVere, Deputy Mayor

Cheryl Heitmann

Jim Monahan

Erik Nasarenko

Mike Tracy

Christy Weir

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