Back to the Bad Old Days?

Last night, after more than 3 hours of debate, the City Council voted 4-3 to add the floor of the Canada Larga Valley into the North Avenue Community Plan Area. I voted against this proposal, mostly because I think it will make it far more difficult to accomplish the many important community goals on the Westside and in the North Avenue that we all agree on. Frankly, I am afraid that this vote portends the return of the “bad old days” on land use and development in Ventura.

A little background: Back in April, the City Council green-lighted new community plans for the North Avenue and the Westside, as well as initial work to create a combined redevelopment project area for the entire North Avenue/Westside area. At that time, the city attorney concluded that Councilmember Monahan had a conflict because of his property holdings on Ventura Avenue and could not vote. When it came time to decide whether to put the Canada Larga floor into the plan area, the vote was 3-3 with Mr. Monahan sitting out it. Under our rules, the proposal failed, but it was obvious at that time that there were 4 votes on the council to include Canada Larga in the plan.

More recently the Fair Political Practices Commission and our city attorney determined that Mr. Monahan did not have a conflict and could vote on the matter. Not wanting to hold things up, I scheduled the item for last night.

We heard 40 speakers, but the truth of the matter is that we didn’t really have to. When we took the vote at 11 p.m. it was 4-3. Nobody had changed their mind based on listening to the speakers. To her credit, Councilmember Christy Weir said that, while she is conceptually in favor of executive housing in Canada Larga, she will be open-minded about whether the cost of infrastructure and police and fire service would be too high for the city. While Deputy Mayor Mike Tracy did not make quite the same comment, I think he’s somewhat open-minded too.

I was opposed to including Canada Larga before and I am even more opposed now – not only because I think homes up there are a bad idea, but because I believe the Canada Larga issue will be divisive and a huge distraction over the next couple of years as we move forward with the North Avenue/Westside efforts. Here are a few things that will now happen as a result of last night’s vote:

-- The environmental impact report for the North Avenue plan, which the City is paying for, will become far more time-consuming, complicated, and expensive than before. This will, at the very least, show things down.

-- The inevitable lawsuits from environmental groups will become much harder to defend. I think some environmental groups might sue anyway – they don’t like the tentative inclusion of agricultural land and some other parcels owned by the Bonsall family along the Ventura Avenue – but those lawsuits would be much simpler and easier to resolve if we did not include Canada Larga in the discussion.

-- It will become much harder to get Ventura County to sign off of the whole thing, especially the redevelopment project area. The redevelopment component is important because redevelopment funds from the Brooks/Petrochem project could be used for improvements down on the Avenue. But the County may oppose redevelopment and could even sue us. With Canada Large in, it’s much more likely that the County will hold up the redevelopment effort.

-- I don’t think we’re going to get this annexation past the Local Agency Formation Commission – the county agency that approves boundary changes. If LAFCO doesn’t approve this, then we’ll have to sue them to get it, and I can’t see us winning that lawsuit.

-- I’m pretty sure that our local environmentalists will run a ballot measure to make development of Canada Larga subject to a vote.

There you go: All kinds of costs, delays, lawsuits, and maybe ballot measures that will make it much more difficult – maybe impossible – for us to move forward with all the things we unanimously agree on in revitalizing the Westside and the North Avenue. All those those good things we all agree on are being held hostage in order to try to force through a Canada Larga development that we are deeply divided on and have never in the past allowed to move forward. Not a good idea.

Beyond that, I fear that that the whole Canada Larga thing will take us back to the “bad old days” of the growth wars in Ventura – where developers engage in game-playing to try to get four votes, people on either side of an issue call each other names, and everything comes to a halt because it’s so contentious.

Ventura was riven by this stuff for 30 years. Recently, all of us on the city council have worked hard to put those days behind us. We passed our infill-first General Plan in 2005, we eliminated the dysfunctional Residential Growth Management Program, and we cleaned up the development review process.

This is real progress, and I thank all six of my colleagues for working collaboratively to make that progress happen. Do we really want to go back to the bad old days?

I certainly don’t, but last night I already felt that we were back in the bad old days. Three examples:

-- Landowner Buzz Bonsall and one of his allies withheld their speaker cards for two hours and put them in at the last minute, at 10 o’clock, after all the other 40 speakers had spoken. Buzz discussed his proposed project a little – but only after everybody else had spoken when they had no opportunity to respond. Buzz had the right to do this, but, I’m sorry, that just seems like pointless game-playing to me. If this is any indication of how the relationship between the city and the property owner is going to go here, I’m not optimistic.

-- Councilmembers Monahan and Morehouse got into a heated debate on the dais about why Cal State had not been built here in Ventura on Taylor Ranch -- something that happened, I think, when Ronald Reagan was president. Can we finally get over that one?

-- Councilmember Monahan and former Mayor Richard Francis, who spoke as a member of the public, got into a heated back-and-forth as well, with Mr. Monahan accusing Mr. Francis (semi-jokingly, I think) of having a hand in the earlier decision to rule that he was conflicted out of the vote. (Mr. Francis brought the house down by responding that if it was up to him, Mr. Monahan would never get to vote.)

The back-and-forth between Monahan and Francis was wonderful political theater 20 years ago, when they served consecutively as mayor, the town was deeply divided over growth, and I used watch the council meetings sitting on my sofa. But we’ve made great progress in the last few years – generally speaking, we’ve left those days behind and moved forward together as a community.

I, for one, don’t want to see the bad old days come back again. It may be good political theater, but it’s only going to tear our town apart.

Give Me Plastic Bags Or Give Me Death?

Our split decision on Monday night to pursue ways to reduce plastic bag use in Ventura apparently struck a cord with some folks. The email responses I’ve gotten since then have ranged from “I’m disappointed in you” to “Don’t you have anything better to do?” to “You’re friggin’ nuts” to “Give me plastic bags or give me death!” As the last comment would suggest, many of these comments seem to have come from self-described Tea Party activists. A lot of the comments were very thoughtful and clearly deserve a response.

First, here’s what happened Monday night: After a proposed statewide law on the issue fell apart, Councilmembers Morehouse and Brennan asked us to approve the idea of having the staff prepare a ban on single-use plastic bags in Ventura. I indicated my support (which I will explain below). Councilmembers Andrews and Monahan and Deputy Mayor Tracy indicated their opposition. Councilmember Weir said she would not support a ban, but would support directing the staff to talk to other cities and agencies and return with some options for how we might reduce single-use plastic bags here in Ventura. That motion passed 4-3. So we didn’t ban plastic bags, nor did we – as many emailers seem to think – approve spending money on some kind of study or other. We asked the staff to come back with options.

A lot of emailers have expressed concern about having their personal freedom taken away through a ban on plastic bags – sort of implying that it is the manifestation of an intrusive “nanny state” approach by the City Council and basically just the latest left-wing enviro-nazi fad.

Let me first say that I’m usually pretty skeptical about buying into the latest environmental fad. Remember a few years ago when the entertainment industry was in a tizzy over the supposedly wasteful long CD covers? I thought that was pretty amusing – here are Hollywood musicians, who consume enormous amounts of electricity recording and playing their music and still use lots of plastic to manufacture and shrink-wrap the CDs, thinking that if only they make shorter boxes the environment will be saved. So I’m not easily taken in by this stuff.

Second, I don’t take imposing regulation on our constituents lightly. A lot of emailers have said that we should allow the consumer and the market to prevail. I agree that the market is a great thing – most of the time the market is right, and we should use the market to deal with our problems whenever we can. But sometimes, the market has a hard time recognizing other, non-economic issues. That’s when the government creates regulation – to protect other things that are important to the common good but that the market isn’t good at dealing with. This might be something as simple as a stop sign or a speed limit (both of which are examples of government regulations that take away our personal freedom) or something as complicated as environmental protection.

There’s no question that plastic bags are cheap and useful. But if they are floating around our town – and, especially, landing in our rivers and our oceans – they can be harmful. Just as important, their presence in our rivers and watercourses can expose our community – and our taxpayers – to the possibility of significant financial fines from the Regional Water Quality Control Board. And that’s the most important reason to think about ways to reduce plastic bag use in Ventura.

The regional water board oversees the implementation of the federal Clean Water Act. Because Ventura is located in a beautiful but environmentally fragile place – along the beach and between two environmentally sensitive rivers – the board keeps a very close eye on us. This costs us a lot of time and it also costs us a lot of money.

Here’s an example: Our wastewater treatment plant discharges water – very clean water – into the estuary at the mouth of the Santa Clara River, near Ventura Harbor. But discharging treated wastewater into an estuary is not typically something that is permitted under the Clean Water Act. So we spend hundreds of thousands of dollars per year – money that comes from the water and sewer payments you make every other month – proving to the regional board that the water we discharge is really, really clean. Whenever we do have a minor blip and polluted water is accidentally discharged into the estuary, we pay a big fine – thousands of dollars a day. And now, a group of environmental organizations have sued us in an effort to get us to find some other way to discharge the water rather than putting it in the estuary. This lawsuit will cost of hundreds of thousands of dollars to defend and most likely millions to settle.

As I say, this kind of thing is just a fact of life. It’s part of the “cost of doing business” of being Ventura.

Now, the regional water board has instituted a new set of regulations implementing the federal Clean Water Act that seeks to reduce the amount of trash and other pollution in the Ventura River -- to zero. Under the new stormwater permit that affects Ventura and neighboring cities, we are expected to take all reasonable measures necessary to eliminate all trash in the river. If there’s trash in the river, we have to pay fines – with money that will come from our General Fund, meaning we will have less money for police officers and firefighters and park maintenance workers.

And just to give you an example, a couple of weeks ago when volunteers from California Lutheran did the big river-bottom trash cleanout, they came up with more than 12 tons of trash.

In order to cut down on the trash, the City will spend close to $1 million over the next few years putting “trash excluders” on the storm drains – essentially, traps that keep the trash from flowing down the storm drains into the ocean and the river. But trash excluders don’t stop plastic bags from floating around until they land in the river. And plastic bags that get stuck in the trash excluders can interfere with the entire storm drain system by blocking the water from flowing.

In other words, we will face major financial penalties – penalties we would have to pay for with taxpayer funds -- if we don’t eliminate trash in the river. And plastic bags are big part of the problem that are especially difficult to deal with in other ways. That’s why we have to look at ways to reduce their use – including the possibility of banning them.

Now, critics might say that the regional water quality regulators shouldn’t be so hard on us; or shouldn’t focus on trash in the river; or should find other ways to clean up the water. This may be true, but that’s not something we at the city level can do a whole lot about. If we fight or try to ignore these regulations, that’s probably going to cost us far more of your tax money than complying. (This is a lesson the Casitas Municipal Water District has learned the hard way in fighting federal regulators over the installation of a fish ladder farther up the Ventura River to accommodate the now-endangered steelhead trout.)

So, to those who say they are disappointed in me, I say: How disappointed will you be when I come and ask to raise taxes so we can afford to pay all these fines to the Regional Water Quality board? To those who ask if I don’t have anything better to do, I say: I don’t have anything better to do than clean up our environment and conserve our taxpayers’ money in the process. To those who say I’m friggin’ nuts, I say: It would be nuts to pretend that we do not have lots of potential financial liability here.

To those who say, Give me plastic bags or give me death, I say: At least tie your plastic bags up before you throw them into the river so nobody else chokes to death on them. Because if you don’t want regulation, then you’ve got to take individual responsibility for your actions.

A Rising Tide

The storms this week reminded us all how fragile Ventura is and how we must nurture our environment constantly in order to live here successfully -- and sustainably. High surf pounded the pier and damaged it somewhat; sinkholes appeared on Poli Street; and, apparently, a tornado briefly touched down in East Ventura.

So it's perhaps fitting that, earlier in the week, we had an event here at City Hall and heard from three people from the Ventura area who attended the recent Copenhagen climate change conference -- local teenage climate change activist Alex Loorz of Kids v. Global Warming, Sarah Otterstrom of the Ventura-based Paso Pacifico, which works on deforestation in Central America; and Andrew Dunn of the student-run UCSB Environmental Affairs Board. Unfortunately, Rick Ridgeway of Patagonia, who also went to Copenhagen, could not attend.

It was truly an inspiring evening. Many of us here in Ventura are familiar with Alec Loorz, a sophomore at El Camino High School, who has been a climate change activist since he was 12. But no so many of us in Ventura know of the work of Sarah Otterstrom, who has a Ph.D. in Ecology from UC Davis and is doing remarkable work in Nicaragua from her base here in Ventura.

All of the participants are ardent environmentalists and therefore were somewhat disappointed with the accord that resulted from Copenhagen. Nevertheless, all were optimistic about the future. Alec, as usual, reminded us that this is an urgent issue for his generation and called upon us to "have the course" to dea with the issue on behalf of "your children and grandchildren."

It's always easy to say that no individual's actions can make much difference -- why should we stop driving when China's building new coal-fired power plants every day -- but Sarah did a good job of pointing out that "the U.S. is extremely pivotal" in fighting climate change -- no worldwide solution can occur without us making a big effort. She reminded us that there is no single solution -- everybody, everywhere in the world, has a role to play.

Especially here in Ventura, where we are threatened with sea-level rise -- if not in my lifetime, then at least in Sarah's and Alec's. If you want to estimate for yourself how sea-level rise might affect Ventura -- depending on different levels of inundation -- check out this interactive map at the web site geology.com.

Alec, Sarah, and Rick will all be recognized at Monday's council meeting (1/25) for their involvement at Copenhagen.

Earth Day 2008

Tomorrow is the 38th Earth Day. That's one day a year set aside to think about how what we do affects the planet that we live on.

I'll commemorate Earth Day by not using my car at all. This is a mostly symbolic gesture for me. I travel so much for my day job that I spend a lot of time driving back and forth to the airport and flying around, so I have a bigger carbon footprint than most people. But I do try to have at least one car-free day a week. I'm lucky to be able to have the option because I can walk or bike or conveniently take the bus to practically everything I need, including my job, the supermarket, and City Hall.

Earth Day has had meaning for me since it began back in 1970. I was a ninth-grader in a small city in Upstate New York, and I was part of a group called "Growing Americans Stopping Pollution" (GASP). We spent earth day cleaning litter out of our local riverbed. Almost 40 years later, and we are still trying to figure out how to keep our riverbeds -- and our planet -- clean enough for us to survive. (Though on Saturday morning, 450 people turned out for Earth Day beach cleanup and picked up an enormous amount of trash!) It does seem to me that the issue of climate change has created a "special moment" in our environmental awareness similar to the one that gave birth to the original Earthy Day.

I won't go on at great length about what we at the City are doing or what we as a community are doing on the environment. Suffice it to say that every day should be Earth Day; every technology should be a green technology; and every job should be a green job. But the job of protecting the environment -- on top of everything else we have to do at City Hall -- is sometimes really overwhelming. For example, climate change is sure to be on of our biggest issues here in Ventura in the years ahead. We are a beach town in between two rivers, and a rising sea level will have enormous consequences. But in the rush of daily business, neither I nor anyone else has had the time or energy (to say nothing of the money!) to begin dealing with the question. All I can promise to you is that I'll work harder on that one in the months and years ahead.