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What VenturaWaterPure Should Do To Be Better

June 23, 2020/in Newsletters/by VREG Editors

“Of all the tyrannies, a tyranny exercised for the good of its victims may be the most oppressive…those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.”

—C.S. Lewis

Eight years ago, Ventura Water decided to pursue VenturaWaterPure single-mindedly. They are pursuing this course in the face of data that demonstrates it’s not in the best interest of citizens cost-wise or health-wise.

How Things Began To Go Wrong For VenturaWaterPure

Ventura Water based their decision on a faulty premise that Ventura needed additional water. The Wishtoyo Consent Decree opened the door for Ventura Water to select Direct Potable Reuse (DPR) as an integral part of VenturaWaterPure. Since 2012, nobody has tested the assumptions or sought lower-cost alternatives.

Ventura Water will do anything to pursue this goal, even when confronted with facts to the contrary. In June 2018, a group of concerned citizens went to each Councilmember to show them DPR was not approved and deemed not safe, yet. When the Council presented that fact to Ventura Water, they changed course slightly to Indirect Potable Reuse (IPR), but they didn’t drop VenturaWaterPure or challenge their assumptions.

More recently, when Ventura Water presented to the Water Commission, they said State Water was unreliable and they can only count on water 33% of the time. Commissioners pointed out that historical data show State Water was reliable 50%-75% of the time. Ventura Water backtracked again and said they’d upgrade their data, but they never questioned their assumptions.

What These Decisions Cost You

A September 12, 2019 report titled Ventura Water Supply Projects and Alternatives, commissioned by Ventura Water (Appendix E starting on pg. 405), shows estimated project costs of another $320 Million plus the annual operating expenses of $29.Million for VenturaWaterPure. The added expense could saddle Ventura’s citizens with another $260 per month in water rates unless Ventura Water takes an alternative direction.

Spreading $320 Million over ten years, divided equally among the 32,000 water ratepayers in Ventura, will cost about $83 more per month on your water bill. An extra 20-27 employees are required to operate the new facility, adding to the Ventura Water’s payroll, benefits and pensions. If Ventura Water adds the minimum number of new employees, using an average annual cost of $100,000 per person, plus benefits, will add $29.1 Million annually. Dividing $29.1 Million by 32,000 water ratepayers adds another $76 per month to each water bill.

Assume the average monthly water bill in Ventura is $100 per month ($200 every two months) when adding another $83 for building and $76 for operations and maintenance, the new average total is $260 per month. The amount could be even higher if Ventura Water hires more than 20 new employees.

Known as the Carollo Report, this September 12, 2019 report looks at the high price of the VenturaWaterPure project. It also attempts to provide alternatives that would be much more cost-effective and allow Ventura to meet its three primary water goals. Ventura Water has rejected all lesser cost alternatives.

Ventura’s goals remain: 1) remove tertiary treated wastewater from the Santa Clara Estuary, 2) increase the water supply and 3) improve the water quality in the east end of Ventura.

The Driving Force Behind VenturaWaterPure

Ventura Water has already spent eight years to meet the demands of a Federal Consent Decree. Ventura must fully comply with the removal of remove tertiary treated wastewater from the Santa Clara Estuary by 2025. To achieve this mandate, VenturaWaterPure was set in motion to recycle its wastewater into something useful.

In 2012, there was no idea what the costs of VenturaWaterPure would be, from where the money would come or whether it was scientifically possible. The ideal outcome would be to make the recycled water drinkable and add to the dwindling water supply. The idea of ‘toilet to tap’ originated on the premise that ‘if the astronauts can drink it, we can too.’ That mantra assumes a great deal but is not that simple.

What Is Ventura Willing To Spend?

According to the Carollo Report, the current VenturaWaterPure carries a price tag of over $250 million and another $70 million to complete the project totaling $320 million. Do you spend another $320 million if Ventura Water can meet its three goals for less regardless of the money already spent? And if you do, how will a family afford a 260% water rate increase?

Today’s Plan

The current VenturaWaterPure plan calls for the construction of an advanced water purification facility, new pipeline infrastructure and three injection wells. This current plan also requires the addition of 20 to 27 more positions, with salaries, benefits and pensions. The Carollo Report indicates that much of the costs and liability that Ventura Water plans to take on as an independent project could be shared and reduced on a more regional basis.

So, What’s The Alternative?

It is not too late to reconsider some of the alternatives suggested in the Carollo Report. The redirection of the first part of the planned $270 million project does not mean the end of VenturaWaterPure. VenturaWaterPure can be completed at a savings of $270 million and meet all the city’s goals.

The alternative is for Ventura Water to construct a pipeline to the United Water settlement ponds near the intersection of 118 and Vineyard Avenue. The water can then percolate into the Oxnard plain basin. Ventura Water had always planned to inject the well water into the Oxnard plain basin under its current plan.

The United Water settlement alternative plan eliminates the need for Ventura Water to construct the advanced water purification facility, pipeline infrastructure and three injection wells. That is a savings of $320 Million. It would require the construction of nine miles of a 24-inch pipeline with a cost of about $50 million, so the net saving is still $270 Million.

There will need to be negotiations with United Water to complete the water transfer loop. Given the Groundwater Management act legislation (GMA), agencies transferring water to other agencies require cooperation in water exchanges. In that process, Ventura Water can obtain additional water allocations to add to the water supply.

Why Would There Be Any Objection?

The possible resistance to redirecting the tertiary treated Santa Clara Estuary wastewater to the United Water Saticoy Spreading Grounds is that Ventura Water may fear losing control of their water resource. This concern is unfounded, however. All water injected into any wells, may be drawn out by any water user with access to the Oxnard plain basin.

Improves The VenturaWaterPure Program

Saving $270 million by redirecting the Santa Clara Estuary tertiary treated wastewater to the United Water Saticoy spreading grounds does not derail the other Ventura Water goals. With the continued construction of the State Water Project, State Water will provide an additional water resource to compliment the river, groundwater and recycling programs in place. The State Water will also improve the water quality for the east end of Ventura. Additionally, the tertiary treated wastewater to the United Water Saticoy spreading grounds would remain available to be drawn out of the Oxnard Basin just as it would be if injected into any wells currently planned.

Editor’s Comments

The challenge in 2012 was to comply with the Federal Court Decree, and the chosen solution was to convert the estuary into drinkable water. Ventura Water created VentruaWaterPure on the pretense that the cost of moving the water away from the estuary could be justified because we could then drink it. At the time, the costs not known and the scientific reports were incomplete. Fixated on controlling all water resources, and reject all alternatives, sounded good eight years ago. However, the original plan is too costly now, and the scientific studies still discourage drinking the treated wastewater.

Utilizing the regional resources to accomplish the same goals at a lower cost is better for Ventura. With this one primary change, VenturaWaterPure will succeed, and the citizens will save as much as $137 per month or $1,644 per year on their water bill.

Call or email your City Councilmember to tell them you want to save $270 Million and not have your water rates nearly triple.

Tell City Council you want to save $270 Million and not have your water rates nearly triple.

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Why You Should Worry About VenturaWaterPure

November 26, 2019/in Newsletters/by VREG Editors

“And it never failed that during the dry years the people forgot about the rich years, and during the wet years they lost all memory of the dry years. It was always that way.”

—John Steinbeck, East of Eden

For the second time in four years, Ventura Water failed to present scientific findings that challenged its decision on VenturaWaterPure. Either Ventura Water withheld this pertinent information from the Ventura Council, or it is unaware of the reality that Indirect Potable Reuse (IPR) is unhealthy.

IPR presents a danger to humans. The September 2019 study from the University of Southern California (USC) concludes that IPR contaminates water with antibiotic-resistant bacteria. Once infected with the bacteria, medical science cannot combat these antibiotic-resistant strains.

Reasons VenturaWaterPure Is Not Ideal

There are several reasons VentuaWaterPure is not an ideal solution. For whatever reason, Gina Dorrington, Ventura Water’s Assistant General Manager, neglected to tell the Council about these findings at the October 14th meeting.

It appears that the health of Ventura’s citizens is not a priority in these decisions. Furthermore, it begs the question, “What is the motivation for a misguided recommendation?”

VenturaWaterPure project will need an extra 20-27 employees, according to Susan Rungren, Ventura Water’s General Manager. Each employee will earn a pension. At a time when rising unfunded pension liabilities threaten the city’s finances, the prudence of adding 20%-27% more employees to Ventura Water is questionable.

VenturaWaterPure will cost $1 billion over 30 years. That’s a considerable sum of money for the community to absorb. Water bills will double to pay for VenturaWaterPure’s infrastructure alone. Operations and maintenance costs will add even more. Remember, water costs already went up by $220 million with water and wastewater increases in 2012-13.

To recommend anything contrary to moving forward on this project would not only jeopardize many jobs, but it would also imply that past City Councils and City Managers were wrong with previous decisions, and we have wasted millions of dollars in the process.

City Council Has Its Motivation To Approve Plan To Spend $1 Billion To Drink Wastewater

The City Council has been rushed by Ventura Water to comply with a Consent Decree Ventura agreed to in 2012. The 2012 Consent Decree with Wishtoyo Foundation contended that Ventura Water was dumping its waste into the Santa Clara River Estuary and harming the Santa Clara estuary. The decree requires Ventura to divert seven million gallons a day beginning in 2025 and concluding no later than 2030. What better way to justify a horrible decision than to convince people that it was for their good? They pointed to drought conditions and offered VenturaWaterPure as the solution.

When anyone is looking to justify a bad or ill-conceived idea, they look for another similar decision to defend their own. A case in point is finding other locations in California that have made bad decisions. Misery (bad choices) enjoys company. Two locations in California, Orange County and Monterrey, use Indirect Portable Reuse (IPR). The real question should be ‘Why only two?’ It took Monterrey 10 years to get a permit and build it. That alone is not a sound reason to pursue this premature direction to recycle wastewater in drinking water.

By misdirecting attention to drinking water—fundamental to life—it created the misperceived need for VenturaWaterPure. Complying with the Consent Decree is not the same as providing drinking water. Yet Ventura Water has been mingling the two needs since 2011. Separating the two issues helps make decisions more transparent.

Conflating Two Issues To Achieve The Desired Result

Ventura Water has confused the City Council by combining two different ideas to falsely heighten the urgency to drink wastewater. Since 2011, the campaign has been “We are short of water,” they say, “and the best way to meet that shortage is to drink wastewater.”

Ventura Water was quick to adopt DPR as the solution for an alternative water source. Then-Ventura Water General Manager Shana Epstein had no data to support that assertion, except for the representations of the sales company designing the hardware for VenturaWaterPure. Ms. Epstein repeatedly announced it was good water to drink. She and the other supporting that view were dead wrong.

Dispelling the Myth about Drinking Water

Ventura has enough drinking water for the next 15 years at current consumption rates, according to the 2019 Ventura Water Report (Table 4-3, p. 65). Unlike most cities in California, we are fortunate to be bounded by Ventura and Santa Clara rivers, Lake Casitas, plus groundwater basins.

To add more reserves, in 2018, the City Council approved a project to construct a pipeline to access a new water source—State Water. Besides providing more water to the city, we can mix State Water with our existing water to improve the taste of Eastside water. Ventura has had this option for the last 47 years.

Ventura Water’s public objection to State Water as a primary source has been that it is not available in dry years. They contend that State Water is thus “unreliable.” However, allocations of State Water over the past five drought years have averaged 55% of the contracted allowance. Ventura Water also conveniently ignores the fact that 75% of Ventura County relies on State water as a primary water resource.

Missing the Consent Decree Deadline

We may not be able to meet the timing of the Consent Decree if we pursue VenturaWaterPure. It took Monterrey ten years to apply for permits, be granted permission from the different agencies and build its IPR plant. Ventura has not applied for a single permit to begin constructing its plant. If it takes ten years from today to complete our plant, we will miss the Consent Decree deadline by five years. There’s no reason to believe Ventura will apply for permits and build its plant faster than ten years. VenturaWaterPure is destined to miss its target date.

A Waste of $1 Billion For VenturaWaterPure

IPR is inefficient and will not meet Ventura Water’s projections. Orange County and Monterrey use IPR already. IPR shows a net water loss of 23%, based on Orange County’s experience. If VentuaWaterPure treats 4.5 million gallons per day of tertiary water, this will yield approximately 3.5 million gallons per day of drinking water, or about 3,900 Acre-Feet per year (AFY). According to the Final Environmental Impact Study, that is 1,500 AFY short of the 5,400 AFY needed to meet Ventura’s estimated demand.

The fact is that Ventura reduced its wastewater by 17% from 2009-2018, despite increasing water connections by 3.5% (according to the Comprehensive Annual Financial Report). The amount of wastewater sent to VenturaWaterPure is decreasing. We can reduce the affluent further by using more tertiary water for irrigation in the city. Ventura could increase to 1,200 AFY for irrigation from the current level of approximately 500 AFY. The cost to ratepayers is only the cost of a pipeline for the delivery of tertiary water.

Ventura’s Imprudent Decisions

This City Council has shown a propensity to pay for the same outcome they could have gotten for less. We saw this when the city placed its high-use electricity accounts in the Clean Power Alliance. We may be witnessing it again with VenturaWaterPure.

The opportunity exists to adhere to the Consent Decree at half the cost to ratepayers compared to VenturaWaterPure. For the price of a pipeline, Oxnard will take Ventura’s treated tertiary water. They may even provide Ventura clean water credits. It’s unthinkable not to consider Oxnard Advanced Water Treatment Facility (AWTF) as an option.

Editors Comments

Every citizen should have serious doubts about the pragmatism of the City Council’s decision to fund VenturaWaterPure. It’s time to slow down. Some studies show that VenturaWaterPure is unsafe. Ventura Water for six years has continued to announce that it is safe for human consumption. Yet, the fact that there isn’t a consensus among scientists should be a warning flag to Councilmembers. Do they want to be remembered as supporting VenturaWaterPure if it’s shown to be unsafe, unregulated and unhealthy in the future? Let’s hope not.

One billion dollars is a large bet to place with the taxpayer and ratepayer money for a process that is questionable among scientists. There are cost-effective alternatives available, but it’s unlikely they’ve been examined since the initial decision to create VenturaWaterPure was made in 2011. Times change. Circumstances change. Now is the time to reconsider options to be sure we’re making the best choice available.

Reverse the decision to proceed with IPR, and certainly DPR, until there is more investigation on its safety. The Council is dealing with public health. The Council reversed its decision on DPR in 2018 when they learned a state expert panel deemed DPR unsafe. The Council should be prudent with IPR and change or pause that decision, too.

Finally, the City Council should more rigorously question Ventura Water on its proposals and actions. Twice, Ventura Water has failed to present scientific findings that challenged its direction with VenturaWaterPure. The Council would do well to keep in mind the adage, “Fool me once, shame on me. Fool me twice, shame on you.”

Tell City Council, “Slow Down On VenturaWaterPure!”

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

March 26, 2019/in Newsletters/by VREG Editors

“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.

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

Costing 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 INFORMATION FROM VENTURA WATER

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Ventura Water Has A Wonderful Opportunity To Be More Transparent

February 5, 2019/in Newsletters/by VREG Editors

“The single biggest problem in communication is the illusion that it has taken place.”

— George Bernard Shaw

In Ventura, the city staff uses the Brown Act to do precisely the opposite of what lawmakers created it to do.

The California Brown Act guarantees the public’s right to attend and take part in meetings of local legislative bodies. Legislators designed it to end “back room” deals and bring local government out into the open. Ventura Water uses it to throttle the flow of information instead.

Oversight By The Water Commission

Ventura established a Water Commission to advise Ventura Water. The Commission is to review and make recommendations about:

Water rates
Water resources infrastructure projects
The integrated water resources management plan
Water supply options
The Urban Water Management Plan approval process
A water dedication and in-lieu fee requirement
Other water resource issues

Before the Commission, Ventura Water operated with little oversight. Even with the Water Commission, it continues to control all meeting agendas and minutes. At best, this restricts the flow of information to the City Council. At worst, information flow is non-existent. The City Council doesn’t receive any meaningful information that may help with their future choices.

Here is how Ventura Water does things today:

Ventura Water’s General Manager and the City Attorney make and approve all agendas. The Commission can only discuss agenda items at the meeting. Any deviation may violate the Brown Act.
The General Manager controls all minutes for all sessions. Minutes reports only action items, eliminating the record of any discussion.

Circumventing The Water Commission

Ventura Water forces the City Council to get their information from the General Manager. Thus bypassing the entire reason the city established the Water Commission.

Rarely does Ventura Water share the discussion on relevant topics—if ever. Debates over issues are not reviewed or scrutinized. Important issues never enter the public record such as water quality, testing quality results, fees, costs, timelines, water capacity, water usage, what other agencies are proposing, and deposit account balances.

Because minutes show only action items, all discussions of issues are as though they never happened. So, when the City Council looks to the minutes for any records of problems or concerns, the minutes are no help. Nor are they sufficiently transparent to Ventura’s citizens.

Communicating Clean Water Safety Violations

Ventura Water deals with a water system that impacts all Ventura citizens directly. In August 2018, the department violated the Federal Clean Water Safety standards. Ventura Water breached the Total Trihalomethanes (TTHM) drinking water standard in August. The U.S. EPA regulates TTHM at a maximum allowable, annual, average level of 80 parts per billion. Any amount above 80 ppb results in harmful health effects over time. Ailments such as cancer and adverse reproductive outcomes can happen. Ventura Water has corrected the problem, but that’s not the issue.

At issue is how the utility communicated the problem and the solution.

Why You May Not Have Heard Of This

You may not have heard about the incident. It’s not because Ventura Water didn’t announce it. They did. Ventura Water fulfilled the letter of the law, but it may have missed the intent behind it. Meeting the legal requirement seems to be the minimum standard. Yet setting the bar at the lowest level may place everyone’s health at risk in the future.

What wasn’t said is as important as what was said. Bathing in or cooking with the TTHM water was not mentioned, for instance.

Open communication is what builds trust with a public utility during a crisis. The TTHM violation happened in the Pierpont Area. Unless you live in the affected area, Ventura Water would not have contacted you by mail. Ventura Water notified the schools and nursing homes in the area. Schools and nursing homes informed the parents or residents at their discretion.

Ventura Water obeyed the “letter of the law,” but failed to respect the spirit of the law. They reported the incident to residents in the affected area by mail, posted it on their website, and took out an ad in the Ventura County Star.

Not The Only Incident In 2018

In July, Ventura Water withheld information from the Water Commission. A panel of experts examined Direct Potable Reuse (DPR) of treated wastewater. There are no quality standards or guidelines today. The experts found DPR (for drinking purposes) was a threat to public safety. The City Council did not know that. They were only alerted to that fact after private citizens brought it to their attention. The result was, the City Council decided not to use DPR as an alternative for now. Still, the staff soldiers on asking for large sums to build projects for DPR.

There are many laws to protect citizens and keep them informed about what happens in city government. When a government agency does the bare minimum but goes no further than the law requires, regardless of the impact and financial consequences, citizens mistrust it.

Editor’s Comments

Ventura Water needs to be more transparent. The City Council allows it to operate in secrecy and subterfuge. Stop. Ventura’s citizens deserve and expect open communication. Here’s what the Council should do:

First, make hiring the next General Manager a priority. Insist City Manager Alex McIntyre interview the Water Commissioners. He should do this without Water Department staff present. The goal is to get the knowledge and details of Ventura Water over the past fifteen years. He’ll gain the perspective to understand what lies ahead in the next six years.

Second, have the Water Commission’s Chairman set the meeting agendas, with input from all commissioners.

Third, ensure all Water Commission’s minutes reflect topics and discussions from all meetings.

Fourth, have the Water Commission Chairman provide a written report to the City Council on a quarterly basis.

Fifth, expand the communication channels Ventura Water uses to inform the public. Set the standard higher than the minimum legal standard.

Insist The City Council Makes Ventura Water More Transparent

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Proposition 218 Is The Fastest Way To Raise Money, But Is It Right?

December 19, 2018/in Newsletters/by VREG Editors

“I have never understood why it is ‘greed’ to want to keep the money you’ve earned, but not greed to want to take somebody else’s money.”

—Thomas Jefferson

Ventura Water will push the boundaries of the law as it tries to use Proposition 218 to raise money to meet the Wishtoya Foundation Consent Decree.

In the next 12 months, Ventura Water will ask the City Council to increase water rates for 30 wastewater projects and 28 water projects by 2024. These costly projects will benefit some property owners. Other projects will help the community at large.

As of June 30, 2018, Ventura Water accumulated $115,000,000 for projects they planned to build between 2012-2018. Still, they need $449,586,000 more before 2024. How did we commit to spending almost $450 million, and why weren’t you asked to vote on it?

WHAT WILL THIS COST YOU?

These new rate increases will come on top of the increases imposed over the last six years. In 2012, Ventura Water wanted to increase rates to:

Replacing aging pipelines and facilities
Building projects to improve water quality
Constructing new groundwater wells

In 2012 the average homeowner and family of 4, received a bi-monthly bill of $73.27 and sewer charges of $72.45 for a total of $145.72. That same family is paying $105.03 for water in 2018. Add sewer charges of $104.64 and their total bill is $209.67. This is a 43% increase over the 2012 rates.

From 2018-2024, expect a similar rate of growth. Your new water bill may look like this:

HOW DID WE GET INTO THIS SITUATION?

In March 2012, the Ventura City Council signed a Consent Decree that requires Ventura Water to stop putting 100% of its treated wastewater into the Santa Clara River estuary by January 2025. The decree stems from a Federal complaint filed by Wishtoya Foundation. Former City Manager, Rick Cole and Ventura Water General Manager, Shana Epstein, signed the consent decree on behalf of the city. The city no longer employs either of them.

Keep in mind that voters had no voice in the City Council consenting to the decree in 2012. Now, Ventura Water wants to deny voters the chance to say how we spend the money to meet the order, too. It plans to use Proposition 218 to get those funds.

HOW AND WHY CAN VENTURA INCREASE MY RATES?

So how can Ventura Water impose such large fees against its citizens without the traditional right to vote on such matters? The answer lies in how Ventura implements Proposition 218. Approved by the voters in 1996, Proposition 218 allows Ventura to raise money in one of three ways:

General taxes. Those taxes used for general governmental purposes. Prop 218 requires the traditional voting procedure, notice, a ballot and an election measure. 51% of the voters must approve it. Ventura’s Measure O sales tax was one such example.
Special Taxes. Any tax imposed for specific purposes and placed in a general fund. A Special Tax requires a 2/3 (66.67%) majority vote. The City sought this type of tax in 2009. It was Measure A on the ballot. It was a 1/2 cent sales tax for public safety and other specific projects. Monies would have been placed in the city’s General Fund. It failed.
Special Assessments, Fees and Charges. Fees or charges means an assessment imposed as an incident of owning property which receives a unique benefit. The city can only impose such fees by affirmative voter approval. The exception being that prior voter approval is not required for “any assessment imposed exclusively to finance capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water…”

VENTURA WATER TURNS A NON-VOTE INTO A YES VOTE

Ventura wants to use option C, Special Assessments, Fees and Charges to impose higher water rates.

Here’s how they’ll do it. Instead of putting it on the ballot, Ventura Water sends a water bill. Somewhere in the body of that bill, it tells you why the rate increase is necessary. You may dispute the rate increase by voting “NO” within 45 days, but the process is cumbersome. To disagree, you must download a protest form, complete and mail it or take it to City Hall by a specific date. Fail to jump over those hurdles and the City doesn’t care what you think or want. If 51% of the ratepayers have not voted ‘NO,’ that is the end of the matter. There are 32,000 ratepayers. Sixteen thousand one must vote NO to defeat an increase.

Proposition 218, now Article XIII C and D of the California Constitution, made the following findings:

“The people of the State of California hereby find and declare that Proposition 13 was intended to provide effective tax relief and to require voter approval of tax increases. However, local governments have subjected taxpayers to excessive tax, assessment, fee and charge increases that not only frustrate the purposes of voter approval for tax increases but also threaten the economic security of all Californians…This measure protects taxpayers by limiting the methods by which local governments exact revenue from taxpayers without their consent.”

When the City sought the last rate increase they took the position that they had the right to raise the rates without prior voter approval. They believed the procedures they followed were consistent with Prop 218 language, as interpreted by the California Supreme Court. They maintain that they “may raise other fees or impose new fees without prior voter approval” for anything they chose to label a water or wastewater project.

But it doesn’t end with this interpretation alone. A California Supreme Court challenge goes further.

TESTED IN THE COURTS

The California Supreme Court in Bighorn-Desert View Water Agency v. Verjil (2006)39 Cal.4th 205, at page 205, addressed the question of whether voters had the right to put an initiative on the ballot to reduce water rates. The court ruled in favor of the water agency and interpreted Prop 218’s language to mean a city “may raise other fees or impose new fees without prior voter approval.” The Court’s decision was specific. It didn’t involve the question of whether imposing fees to deal with a Consent Decree are valid.

Notwithstanding the protective measures of Prop 218, the City of Ventura conveniently interprets Prop 218 to still impose fees and charges beyond the simple costs of service to the homeowner. However, the court never went that far.

The City of Ventura’s interpretation of Proposition 218 is overreaching when it comes to any matter about water, wastewater and related environmental projects.

That decision by the Supreme Court only involved the issue of water delivery through a pipeline and whether voters could use an initiative process to require prior voter approval for the costs of that delivery. It did not involve a question of whether fees imposed to deal with a $500 million water and wastewater projects together with environmental costs, expert studies, attorneys fees and a plethora of expenses arising out of a ConsentDecree decided by a City Council in 2012, and in which the voters had no voice.

What if the costs are not exclusively operational costs? What if the expenditures benefit the entire community, not just ratepayers? Does Proposition 218 apply in those circumstances? Bighorn-Desert View Water Agency v. Verjil does not answer these questions.

No Precedent For What They Plan To Do

In determining whether to seek prior voter approval, we hope that the new City Council will keep in mind the following the language from the Supreme Court in Bighorn case:

“…the agency’s governing board may … raise fees or impose other fees and new fees without prior voter approval. Although this power-sharing arrangement has the potential for conflict, we must presume that both sides will act reasonably and in good faith, and that the political process will eventually lead to compromises that are mutually acceptable and both financially and legally sound.” (Emphasis added).

THE CITY MAY FACE A SERIOUS LEGAL CHALLENGE

If the City is considering rate increase of this magnitude without prior voter approval they should be mindful of the language in Prop 218. It provides that “in any legal action contesting the validity of an assessment, the burden is on the agency (Ventura Water) to demonstrate that the …properties in question receive a special benefit over the benefits conferred on the public at large…”

Complying with the Consent Decree by not putting wastewater into the Santa Clara River benefits all citizens, not just ratepayers.

Editor’s Comments

Ventura Water is proposing a mix of costly projects. Some will benefit property owners, and some will help the community at large. Building a pipeline and related infrastructure to import state water at the cost of $50 million benefits all property owners. Ratepayers generally accept this. Spending beyond that to build projects to satisfy a federal judgment on the Santa Clara Estuary to protect the ecology of the estuary is a problem.

Proposition 218 may not cover projects to meet a federal judgment on the Santa Clara Estuary to protect the ecology. We recommend a vote of the citizens in that instance.

Warn The City Council Of Ventura Water’s Potential Error

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.

Let then know that Venturans must vote on a water rate increase to pay for the consent decree. Not participating in government makes us worse because our city government isn’t working for all of us.

For more information like this, subscribe to our newsletter, Res Publica. Click here to enter your name and email address.

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

November 27, 2018/in Newsletters/by VREG Editors

“…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.

Mr. 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.

Notwithstanding 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.

Ventura needs a Water Commission to oversee the water and wastewater processing.

With Water, The Simplest Solution Is Best

June 26, 2018/in Newsletters/by VREG Editors

“Water is life, and clean water means health.” —Audrey Hepburn

Ventura needs to get its priorities straight about water—and fast. On July 9th, Ventura Water will ask the City Council to approve direct potable reuse (DPR). Ventura Water views DRP as a primary alternative source for increased drinking water. The project will cost $538 million of taxpayer dollars. The trouble is, it’s an untested, unproven and unregulated solution to our water needs. Why would the City Council gamble with the health of its citizens?

Ventura Water already gave a similar presentation to the Ventura Water Commission in May, when they asked the commission to approve the 2018 Annual Water Report. Ventura Water’s priorities were to add DPR as an additional water source. State water would only act as a backup supply to the recycled water program.

The Ventura Water Commission rejected the idea. They made it clear that the city should look to State water as a primary resource to supplement our existing water sources and reconsider DRP only as a backup when it is perfected.

How We Got Here

Two legal agreements jeopardize Ventura’s water supply. The first was a Consent Decree requiring Ventura to cease putting 100% of its treated wastewater into the Santa Clara River estuary. It needs to be diverted somewhere else by January 2025.

The Consent Decree stems from a Federal complaint filed by Whistoya Foundation [WISHTOYA VS. CITY OF SAN BUENAVENTURA, CASE NO. CV 10-02072]. The City Council consented in March 2012. Rick Cole and Shana Epstein signed the consent decree on behalf of the city. The city no longer employs either of them.

The second was a new contract between the City of Ventura and the Casitas Municipal Water District executed by the City Council in May 2017. The new contract obligates Ventura to reach Water Balance by 2020 to maintain its current water rights. To achieve water balance, Ventura must find an additional source of water.

Both agreements are disturbingly vague. The Consent Decree requires Ventura to cease putting treated wastewater into the estuary. It doesn’t specify where to place treated water or how to use it. It only states it cannot go into the estuary.

There is one exception. If a scientific panel, based on biological studies, decides the environmental health of the fish and wildlife in the estuary need that water, Ventura may release 50% into the inlet. There have been four studies in the last six years. The findings indicate the risks are unacceptable. We’ve noted some of them below.

The new Casitas Water contract entitles Ventura an amount of water based on projected needs and adjusted for drought staging conditions. Ventura Water anticipates our water needs at 5,669 acre-feet per year by 2025. By then, they expect we’ll be out of our current drought conditions. Under the1995 contract, Ventura was allowed a minimum of 6,000 acre-feet of water per year. That water could be used in the western part of Ventura (everything west of Mills Road) and the eastern part of the city, if necessary. The new contract changes that and puts East Ventura at a disadvantage. The old agreement allowed Ventura to blend Casitas water with the East End to achieve better quality. The new contract does not allow any use for the East End of Ventura.

The Race To Make Ventura First

Ventura Water seized the opportunity to make the city the first to used recycled wastewater to drink. No cities in the world have used recycled water except Windhoek, Namibia and a small town in Texas. Neither place had other water options.

Since 2012, employees at City Hall and the Ventura Water Department have been actively publicized and pushed VenturaWaterPure. They view the project (toilet-to-tap) as the primary source to supplement our drinking water resources. They believe State Water should only be used as a backup in case something went wrong with the recycled water.

Ventura Water says we need the project:

(1) To augment our water supply from a reliable source

(2) As beneficial reuse of wastewater effluent

(3) To improve our water quality.

They assure us that VenturaWaterPure will meet these goals. Their assurances are misleading and just not right.

What We Know Now

We’ve learned a lot since 2012 when this began. For instance, in February 2018, Stillwater Sciences issued a final report on releasing treated water into the Santa Clara River estuary. It recommended diverting 40%-60% of the wastewater, not 100% as initially presented to the City Council. Stillwater Sciences filed the report with the State Water Resources Control Board (SWRCB). The SWRCB has not decided on the amount to be released yet.

In August 2016, a report by a state-appointed panel of experts concluded it was “technically” feasible to use DPR, but there are serious health risks. Here are some fundamental problems outlined:

Guidance and regulations currently do not exist for DPR
Of specific concern are chemicals adversely affecting the development of fetuses and children, plus any as-yet-undiscovered compounds.
There are no standards to guard against Cryptosporidium, and Giardia to maintain a risk of infection equal to one in 10,000.
Reverse osmosis is unable to detect and remove low molecular weight compounds such as halogenated solvents, formaldehyde, and 1,4-dioxane.
The inability to identify solvents on the Proposition 65 list that reverse osmosis membranes cannot remove.

Notwithstanding this new information, the City of Ventura continues in its pursuit to be the first to use recycled wastewater for drinking. The water department soldiers on and plans to spend many millions of dollars starting in July 2018 for consultants and a project that may never see the light of day.

The Cost Comparison

The cost of DPR wastewater is high. According to the Capital Improvement Plan (CIP), the wastewater and water costs will total approximately $538 million once financing costs are added. Included in those costs are advanced purification facilities to treat the wastewater that will cost $77.7 million. Also included is another $170 million to pump the water north to the desalination/Reverse Osmosis plant. Other infrastructure improvements comprise the remaining costs—including a brine line to carry away contaminants from the new RO plant.

By comparison, the pipeline for State Water is estimated by the Ventura Water Department to cost $27 million. That does not include the annual fee for the State Water Pipeline (SWP) entitlement. The city currently pays $1.2 million per year for that option (which the city never used). Over $50 million has been cumulatively paid in annual installments to the SWP since 1972 and will continue until 2035. Every citizen’s water bill includes a portion of that payment. Nor does it cover the additional cost of water pumped through the water line. Keep in mind that State water can be injected directly into the Ventura water system. The water is reliable and used throughout Southern California.

The Decision Facing The City Council With Water

The City Council will make a monumental decision on water July 9, 2018. They will set Ventura’s water priorities for decades to come.

They will be asked to decide between State Water and DPR as the first supplement to our existing water supply. Their decision will send a message whether Ventura wants to be first with an untested, unproven, unregulated water system with DPR or safe with State Water. We will also learn whether they will listen to the Water Commission or ignore their recommendations.

Finally, we’ll learn how the City Council plans to comply with the Consent Decree. Will they accept scientific findings to divert only 40%-60% of treated wastewater from the Santa Clara River? Or will they ignore the Decree’s exception and insist on diverting 100% at the cost of $400 million?

Editors’ Comments

The City Council must make a policy decision now and direct Ventura Water to concentrate on the importation of State Water immediately. The current effort to plan, finance and build a VenturaWaterPure treatment plant and RO plant to process recycled water for DPR by 2025 must stop or at the very least be delayed until further study. We only hope that the City Council has the leadership and strength to change course and not feel bound by this misguided concept of past water leaders.

Protecting public health is paramount. Complying with the Consent Decree is also essential, but we can keep our part of the bargain and adhere to the decree by pumping the water into settling ponds for absorption into groundwater basins such as the Mound basin, then ultimately into our water system.

Lastly, we don’t need to build a desalination plant/RO facility now or in the next five years. However, it should not be forgotten. It will be required in the next 25 years to filter water pumped out of the Mound basin and to filter DPR. We must prepare our community for that as our population continues to grow.

As for the Consent Decree, we suggest that the City Attorney get to work. Present the fact that the current project is infeasible due to technical infeasibility and lack of regulations and extend the term for compliance beyond January 2025—say 2030. If they do not agree, that is why we have a court that will listen to logic, and common sense hopefully will prevail.

Insist The City Council Makes State Water Ventura’s First Option

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

Let them know what you’re thinking. Tell them what they’re doing right and what they could improve upon. Share your opinion. Not participating in government weakens our democracy because our city government isn’t working for all of us.