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Making VenturaWaterPure Better

What VenturaWaterPure Should Do To Be Better

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Commentary on VenturaWaterPure

“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

Time to Improve VenturaWaterPure

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.

High cost of VenturaWaterPureSpreading $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

VenturaWaterPure is a runaway trainVentura 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.

 

Alternative Costs to VenturaWaterPure

 

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 Money on VenturaWaterPureSaving $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

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“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

Examing Conferences Expense

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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Clean water, not sewage

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

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“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 INFORMATION FROM VENTURA WATER

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

With Water, The Simplest Solution Is Best

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

with waterVentura 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

with waterTwo 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.

with waterThe 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.

with waterIn 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:

  1. Guidance and regulations currently do not exist for DPR
  2. Of specific concern are chemicals adversely affecting the development of fetuses and children, plus any as-yet-undiscovered compounds.
  3. There are no standards to guard against Cryptosporidium, and Giardia to maintain a risk of infection equal to one in 10,000.
  4. Reverse osmosis is unable to detect and remove low molecular weight compounds such as halogenated solvents, formaldehyde, and 1,4-dioxane.
  5. 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

with waterThe 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

with waterThe 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.

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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Ventura's water shortage

Ventura’s Water Supply Jeopardized by Years of Mistakes

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Whiskey is for drinking. Water is for fighting. —Mark Twain

Ventura could lose one-third of its water supply because of legal maneuvering and backdoor negotiating. As it is, Venturans pay too much for water and could pay even more in three years.

CITY COUNCIL APPROVES WATER RIGHTS CONTRACT

[RESULTS OF NEW AGREEMENT]

Casitas Water District

Casitas Water District negotiated a favorable water contract with Ventura after threatening a lawsuit.

On May 8, 2017, the public learned that a new contract between the City of Ventura and the Casitas Municipal Water District has been approved and executed by the City Council. That new contract places Ventura in jeopardy of losing all rights to water from Lake Casitas.

To maintain its current water rights, Ventura must reach Water Balance by 2020. To achieve water balance, Ventura must find an additional source of water.

The expedient solution is to exercise Ventura’s option to use State Water. The city currently pays $1.2 million per year for that option (which the city never used) and has been paying for that option since the mid-70s. If Ventura does not tap into the State Water Pipeline within three years, Ventura’s water situation will be in dire straits.

NEW CONTRACT IS TOO VAGUE

The old 1995 Contract with Casitas Water allowed for 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. Under the new agreement, that changed.

The new contract does not specify the amount of water Ventura’s entitled to receive. Instead, the “projected water demand of the prior year” will determine the amount (Article 4.1). That projected demand will come from Ventura’s annual water report. Should Casitas dispute the amount of water, it opens the Ventura up to a possible “Dispute Resolution.”

What determines the projected water demand of the prior year? Who determines that amount? Do both Ventura Water and Casitas Water have to agree on the volume before the start of each year? There are too many unanswered questions for this agreement to be tenable, and the fact that the Ventura Water Commission recently “received” but did not approve the 2017 report is not encouraging.

NO SCIENCE IN THE COMPREHENSIVE WATER REPORT

Ventura water

Ventura Water provides no accurate estimate of available water in the Comprehensive Water Resources Report.

The Ventura Water Department provided inaccurate and incomplete information in the Comprehensive Water Resources Report dated April 7, 2017. That data formed the basis of the Contract with Casitas Water District.

The financial statements used are suspect because of misleading expenditures. Other assumptions such as using the average water demand are questionable, too. The report includes no real science-based estimates of current water availability or capacity. And there are no timelines for water delivery improvements.

This same report also lists the use of sewer recycled water as a reliable source for potable water in the city. Ventura Water’s General Manager authored that report. She subsequently quit her job and moved to the City of Angels after submitting the report.

THE NEW AGREEMENT PUTS EAST VENTURA AT A DISADVANTAGE

ventura water

East Ventura could lose 1/3 of its water in 2020.

The 1995 Contract allowed Ventura to blend Casitas water with the East End water. Water from the lake was used to mix with water from eastern wells to achieve better quality. Casitas considered the use of their water for that purpose as “rental water.” Ventura was required to return it or to pay for it. The new contract does not allow Ventura to use water in the East End.

Ventura may only use Casitas water within the Casitas District (western part of the City). If Ventura uses Casitas water outside the Casitas District in any one year, then Ventura must reduce the amount of water it uses in the western part of the city until it achieves “water balance.”

If Ventura fails to reach Water Balance within a 12-month period, Casitas may terminate the Water Services Agreement. Overnight, Ventura would lose approximately one-third of the water needed to run the city. Those living on the East side will suffer the most from the loss.

WATER PRICES NEEDLESSLY OVERPRICED

Based upon a very reliable source, who worked in the water community for the last four decades, management decisions by Ventura Water and City Hall over the past 25 years have led to monetary, clerical and water rights losses in the Ventura River. These bad choices forced consumers to pay higher fees even under drought conditions than they should have incurred.

THE CITY COUNCIL SNUBBED THE WATER COMMISSION

Ventura Water

Ventura City Council didn’t seek the counsel of the Water Commission.

While we know the Ventura Water Commission does not have any rights or authority regarding contracts, their experience and knowledge could have been invaluable. But, the City of Ventura Water Commission never had the opportunity to review or discuss the Casitas Water Agreement. The City of Ventura never presented this contract to the commission and didn’t ask for their counsel.

Neutering the Water Commission is a recurring behavior for Ventura Water. The staff’s unwillingness to allow the Commission to do its job has existed for years. It appears they would prefer the Commission to rubber-stamp every decision. They are perturbed when the commission doesn’t do what they want. Given the poor decisions Ventura Water has made during the previous general manager’s tenure, it’s little wonder commissioners might be critical of every issue brought to them.

THE THREAT OF A LAWSUIT EXCLUDED THE WATER COMMISSION

Casitas Municipal Water District intended to sue Ventura’s water department and notified them of their intention according to the City Attorney.   At that point, the attorneys determined that they would treat the new agreement as a pre-legal settlement, thereby closing negotiations to outside parties and masking all records or documents from public scrutiny.

Editors’ Comments

Ventura Water

Casitas Water District could end up owning Ventura’s water rights for $2 million.

As part of the new contract, Casitas forgave an estimated $2 million debt (based upon 4000+ acre feet of water) Ventura Water owes for “rental water.” The Parties agree that as of the commencement of the Agreement, the City is in “water balance.” The City and Casitas are not subject any further legal or financial obligations under the 1995 agreement.

The success of this contract depends on whether Ventura can achieve water balance by 2020 by finding an alternative source of potable water. If that does not happen, Ventura faces the prospect of the termination of water from Casitas Water District.

If Ventura doesn’t find an alternative potable water source within three years and Casitas terminates this agreement, in effect Ventura will have sold its rights to Casitas Water for $2 million.

Ventura can only hope that the new Water Department management will provide full disclosure and transparency, and will lend its voice to the importation of 10,000-acre feet of water from the State Water Project. Forty-eight percent of the voters chose that option in the 1992 election.

Now, will the government listen?

Keeping track of the City Council

Keeping You Up-to-Date On The City Council Decisions

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SUMMARY UPDATE OF CITY COUNCIL DECISIONS

In our last several publications we treated issues that are important to our community. We now provide updates on those issues as they have evolved and as information has become available:

(A) The 911 Fee

You refused to pay, filled out the forms and opted out, but you are being charged monthly. What more could happen? Out of town residents have been ensnared in the program. Those who purchased their cell phones in Ventura are being billed. The City has no jurisdiction over them but they are being charged the fee. The official response of the City is “we are working on it, or it is the fault of the telephone company”.

If you are one of the 27,000 that opted out you should check your bill and write a letter to the Council.   At $1.49 a month, the City is collecting approximately $40,000 per month from you and they are not entitled to it. What a mess!

There is light at the end of this dark tunnel. The Howard Jarvis Taxpayers Association has drafted a civil complaint to determine that this ordinance is a tax under Proposition 218 and therefore illegal. The complaint is to be filed in the next two weeks.  Reported in today’s Ventura County Star another lawsuit is planned to compete with this one.

(B) Increased Fees

[A Quest — “Who’s got the soap”?]

In our last three monthlies we reported to you that the City Council is seeking to increase fees and raise another $2.6 million dollars, and that the early June Council meeting the issue was tabled after Councilmen Fulton and Summers commented that there had not been sufficient time for the community to address this issue.  Another important point was the inability of anyone to obtain and read the MAXIMUS REPORT(s) [the experts hired by the City), which was designed to be the “legal” for the fee increases in the first place. These reports could not be found.

Somehow that lack of critical financial data did not stop the Council from increasing fees in 2006 and 2007. So, good reader, ask yourself how an elected official can vote to increase fees based on a report that they don’t have? Or, you ask rhetorically how an elected official can ask the community to pay another 2.6 million dollars if they are not able to provide logical answers?

In July VREG received the MAXIMUS 2004 AND 2007 reports. These reports only provide conclusions and none of the basic financial data that led to those conclusions. For example, the 2007 report incorporates a “Cost Plan which has been provided as a separate document”. That plan is not available. Another example, the 2004 report says that MAXIMUS “used the standard methodology that we have employed for hundreds of similar studies: MAXFEE”. At page 29 the reports says “MAXIMUS provided the voluminous detail and background materials behind all of the calculations and analysis to the City under separate cover. Appendix 5 of this report contains the summarized results (potential fees)”.

VREG has not been able to locate the basic cost report that served as the foundation for the MAXIMUS reports. Officials at the City have been helpful, and now have provided all eleven (11) appendices. The cost report has not surfaced. It is hoped that the Council will not race to judgment until all parties have a chance to evaluate the data.

(C) The Firefighters’ Pension

In a vote of 4 to 3. the Council approved the Memorandum of Agreement and the new pension contract with the firefighters of this city giving them a pension equal to 3% of their highest salary times the number of years in service plus all medical, dental. The yeas were Councilmen Fulton, Brennan, Summers and Monahan. The neighs were Mayor Weir, Councilmen Andrews and Morehouse. It should be of grave concern to all when one councilman says, before he cast his “NO” vote – “I HAVE GRAVE CONCERNS TO COMMIT WHEN WE DON’T KNOW WHERE THE FUNDS WILL COME FROM”.

Editors Comment:

Councilmen this was an increase of 33 1/3%!

The councilmen casting the yea votes and our fire chief, Mike Lavery, defend their position by saying that they need more benefits because they must remain competitive with other cities and counties, using as a current example the fact that they have unfilled openings. When asked why they are not filled, the answer is that the Chief REQUIRES all firefighters to be trained paramedics.

We all want qualified firemen and police officers and certainly want Councilman Summers “to sleep well at night knowing that he has the best public safety officers” (quote from his speech on August 4th) but somewhere a limit must be established on how much of our general revenues will be devoted to this purpose. The City of Vallejo is in bankruptcy because they devoted 80% of their budget to this purpose compared to Ventura at 51%.

How much of your tax dollar do you want to pay out for police and fire? You only have 49 cents left to pay for streets, recreation, other employees and widgets, so what are your priorities? We at VREG would like to hear from you.

(D) The Sale Of State Water Options

 As previously reported we annually pay $950,000 to the State Water Project for the option to obtain 10,000 acre feet. Since 1972, we have paid $22,582,371. We are committed to pay another $25,650,000 through 2035.      The reality is that we will never build a pipeline, and that as a category A user we will only get a fraction of the entitlement because there is not enough water to meet all entitlements under drought conditions. Make no mistake – the Governator has declared a drought.

Since 1972, we have paid $22,582,371.

VREG last year proposed that the rights be marketed to meet our annual cost AND put money in the bank to help defer our water costs, and/or to hopefully fund and build a desalination/filtration plant. We are happy to report that the Council has commissioned Kennedy-Jenks Consultants to assist in an attempt to market Ventura’s contractual rights. There is precedent for such a step. Butte County recently received approval of the sale of their water rights on a one year plus one year option basis to Palmdale Water District. This was accomplished over the objection of the Los Angeles Metropolitan Water District, which charges $425 am acre foot for untreated water. This 800 pound gorilla objected to the Butte-Palmdale contract and you can expect them to object to any sale by the City of Ventura in any sum below that which is charged by the MWD.

Editors’ Comment:

Doesn’t take a lot to grasp the market opportunity here so we encourage the City Council to forge ahead with “viga”, all due dispatch and total disregard for the MWD.

WHAT’S ON THE HORIZON FROM THE CITY COUNCIL

(A) Rate Increase For Water and Sewer

Enclosed with your last bill was a notice that you will be paying more unless you object by SEPTEMBER 22, 2008. The following is a summary and what it will mean to you as an owner or renter:

SINGLE FAMILY HOME
Current FY2008-09 FS2009-10 Increase/%
Water Bill $59.46 $63.66 $68.63
Wastewater bill $64.16 $68.52 $73.27
Total 2 month bill $123.62 $132.18 $141.90 $18.28 = 14.7%
MULTI-FAMILY DWELLING (10 UNITS) -89,700 GALLONS
Water Bill $282.10 $300.38 $321.96
Wastewater bill $437.80 $467.50 $500.00
Total 2 month bill $719.90 $ 767.88 $821.96 $102.06=14.1%
COMMERCIAL OFFICE – 29,920 GALLONS
Water Bill $137.03 $142.85 $154.16
Wastewater Bill $83.71 $ 92.98 $100.23
Total 2-month Bill $216.74 $235.83 $254.39 $ 37.65/17.4%

* Rates include assessment for the contractual right to obtain water from the State Water Project. If that entitlement is sold to another user that income would go a long ways in lessening the impact of water costs on this community.

If you oppose the rate increase then by SEPTEMBER 22, 2008, you must mail your name, property address or parcel number to:

 

WATER RATES

CITY CLERK’S OFFICE

City of Ventura

P.O. Box 99

Ventura, CA 93002-0099

 

If you object you can also attend the City Council meeting on September 22, 2008, and/or can obtain information from Gary Lee at (805) 652-4253, or email him at glee@cityofventura.net.

(B) The “Crime-Free Rental Housing Program”

[Specter of Aldous Huxley‘s “Brave New World” of

The City Council has asked its staff to appear at the council meeting on October 20, 2008, to consider implementation of a new program called the ”Crime Free Rental Housing Program”. The draft proposal seeks more fees, purportedly revenue neutral – meaning it will only cost what it costs to enforce – projected at $400,000 from our citizens who own rental housing. The proposal seeks to force owners to have all of their apartments or rental home inspected to make sure there is no criminal activity and/or to make sure that all buildings are in compliance with building codes and all City regulations. Here’s the proposal:

 

  1. The owners of apartment will have to pay an annual fee for each apartment in order to raise $400,000. The fee is for inspecting each apartment to make sure it is crime free. The City has not said how much the fee will be, and they don’t know how many rental units there are in the City.
  2. The owners will have to attend formal training on how to prevent crime and to show them how they can manage their property and rental agreements.
  3. Initially and every 47 months afterward each apartment is required to be inspected (searched) by the Fire Department and/or the Police Department and/or Code Enforcement Officer [all law enforcement] to determine if any crime is being committed or to determine if there are any building code violations.
  4. If you don’t get the certificate you can’t operate your apartments and penalties will be imposed. If you get the certificate the City Manager is given the power to revoke your certificate, along guidelines that his office is to develop, you will suffer penalties The penalties that can be imposed:
    1. You may be cited for a misdemeanor, jailed and/or fined
    2. The property, summarily declared a public nuisance by this ordinance if it does not have a certificate, can be sold, the nuisance abated at the owners expense or destroyed at the owner’s expense
    3. If your certificate is not timely renewed you will receive an Administrative Citation, and penalties will be imposed for each day beyond the expiration.

A large number of owners have expressed strong objections to this program, and a committee has now been established to try to determine if such a program should be modified or abandoned as a bad idea. Initial indications are that some type of enforcement is being considered but it is not clear what form this will take. Information can be obtained from Andrew Stuffler (654-7837), the lead person for the City. He has stated that since the initial proposal their data has shown that 93% of owners with rental units have not had any code enforcement or law enforcement issues.

Editors Comment:

Another 911 fee fiasco? This proposal seeks to impose new fees for police, fire and code enforcement, the costs of which by law are paid by general tax revenue. New “taxes” require a citizens 2/3 vote, whereas “fees” don’t. Now the city wants to re-label the police, fire and code enforcement officer’s inspections as a service to prevent crime and/or enforce the law against wrongdoers (7%) by imposing the costs (fees) of enforcement on citizens (93%) who are law abiding. Just who comes up with these ideas in the first place?

In case they haven’t thought about it our new city attorney might review California Code of Civil Procedure 1822.5, which requires Inspection Warrants before a residence can be searched to enforce regulations, and the decision of CURRIER v. CITY OF PASADENA (1975) 48 C.A. 3d 810, which held a similar regulatory scheme unconstitutional.

If passed as presented we predict that the lawsuits will fly. We citizens will have to pay for the attorneys fees and costs on both sides.

 

Editors:

B. Alviani          S. Doll               J. Tingstrom

K. Corse            B. McCord         T. Cook

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