VENTURA
COUNTY CHAPTER NEWSLETTER
December - 2002
Ventura
County Chapter
239 W. Main Street
Ventura,CA, 93001
(805) 667-2222
Matilija Coalition Publications
Casitas Still Wants to Build Fish Ladder that Will Not Work
District says fish plan won't float - Officials fear it would use reserved water
Top 10 Reasons Why a Matilija Dam Fish Ladder won't work
Water uses draw fire
by Jesse Phelps
http://ojaivalleynews.com/issues2002/12-20-02/12-20-02news1.htmlThe Casitas Municipal Water District hosted a public forum Wednesday night at Sunset Elementary in Oak View to discuss the proposed and planned, but as yet unbuilt, fish ladder at the Robles Diversion Dam in Meiners Oaks. The cafeteria was packed with about 175 people, some in the day's work clothes, some in business suits. The diverse audience included ranchers and farmers, typical water users, Ojai City Council members Carol Smith and David Bury, environmental activists and Michael Jackson, an executive with the Bureau of Reclamation. The panel was made up of National Marine Fisheries Services Assistant Regional Administrator Jim Leckey, CMWD board members and biologists and a representative from CalTrout. The affair was presided over by Bob Rauch, a public affairs consultant hired by the CMWD.
The first half hour was dedicated to meeting and greeting - an opportunity for the people who came to participate to familiarize themselves with the people, issues and data involved. CMWD and NMFS had posterboards set up with graphs and charts and what each organization saw as relevant information. The crowd mingled and exchanged ideas for half an hour before Bob Rauch introduced CMWD board president Jim Coultas and general manager John Johnson, who introduced the dilemma as seen through the eyes of the district. Johnson referred to the district's twin priorities of providing water to its customers and recovery of the steelhead and requested that the audience provide opinions. He delineated three options for moving forward. He said NMFS could mandate that the district comply with its specifications regarding water release and implied that in that scenario, CMWD would have to follow the order. A second option, Johnson said, was to release the water without the order. The third option, do nothing, he rejected as "not an option" despite its presence as a PowerPoint slide on the overhead.
Johnson was followed by Leo Lynch, the district's biological consultant, who explained issues surrounding the lake's hydrology, accompanied by slides depicting lake levels over the last 50 years and the amount of water diverted via Robles. Analyzing the former, he noted that "during the wet periods, really no significant differences" would exist in the amount of water availability because of the fish ladder. "The other area of concern," said Lynch, "is the potential effect on the fishery. Sport fishing has a regional reputation at Casitas." He pointed out the need for a process to protect reservoir storage during dry periods.
Leckey was up next. He admitted that the particular processes for drought conditions have yet to be lined out, but also assured the throng that, in the case of a prolonged dry period, NMFS would be willing to suspend or modify its requirements for water release by the district. "Safeguards for CMWD," he said, "would include monitoring, research, and adaptive management" techniques in the event of a drought. "We have no intention of drying up the lake," he stated. After the presentations, Rauch asked the crowd to write questions or comments on paper provided at the rows of benches. The people complied in abundance, bringing thick stacks of paper to the front during a ten-minute break. Rauch then read the questions, being careful to alternate topics so as not to allow a single point of view to dominate the discussion.
The most vocal groups were the ranchers, lake recreation enthusiasts and the environmental activists. Questions and comments addressed several topics of concern, chief among them issues of the lake drying up, perceived misconduct on the part of the various agencies, and whether the steelhead can be strictly classified as a species or a sub-population.
Leckey clarified that whether or not the steelhead are a separate species (they are not), his agency has a duty to protect the endangered population, which he estimated has lost 99 percent of its density.
One citizen pointed out that in Santa Paula, a similar ladder on the Santa Clara River has not returned the species to health. In response, Leckey said that to come back, the steelhead will need decades and three open channels, and warned people "not to expect too much, too soon."All sides purport to want the fish ladder. CMWD and NMFS agree, in principal, that to build it is feasible and to do so in a timely manner is critical. "During high-flow years," Johnson said, "there's no problem that we can see with your water supply or recreation." Yet, the sticking point remains the specific amount of water for release.
"The problem," said Lecky, "Is when you get into one of there twenty-year long droughts. There are impacts from those drought scenarios on water supplies. In that scenario, they're going to get pretty close to drying up the lake anyway."
In answer to one citizen's concern regarding the safeguard measures NMFS would be willing to institute during a drought, Leckey said, "We are tying the flow requirements directly to the hydrology. The issue is, we're down to the last few remaining fish and we need to protect them." "This is an opportunity for CMWD to do the right thing and support the NMFS plan," said councilman Bury. "Remember, the fish were here first. Casitas needs to be a good steward of our environment while still meeting the needs of its customers."
California Steelhead Coalition Program Coordinator David Pritchett took it a step further. "I think the district is not really being honest about their gain or loss of revenue from the lake recreation area. The water they would have to give up is water they really want for other pet projects," he said.
The Ventura River has a "braided" channel with a number of riffles, areas where the ground is higher and the water level lower. The goal of NMFS is to release enough water during peak fish migration conditions to cover these riffles with the minimum six inches Leckey said the steelhead need to migrate. The fish move about a mile a day. The distance from the river mouth to the diversion is about 10 miles, so 10 days of water release would be required to allow "the slower swimmers" to make it past the dam.
The meeting, originally scheduled for two hours, ran well into the third before the crowd had thinned, the Christmas cookies were gone, and the last notes were read. Though nothing was resolved, the public did have a chance to voice its diverse views, though some were unhappy with the Rauch-mediated discussion.
"We are disappointed that they set up the format of the meeting so people could not speak directly," Pritchett said. "Much more would have come out and we would have been able to anticipate any obfuscation to better effect."
The issue promises to heat up further as long as the passage remains in the planning stage and the fish remain cut-off from Matilija Canyon. In the meantime, district officials continue to debate with NMFS over much water is needed. Leckey said it's doubtful his agency will put the mandate through to release the water for fear that the "local agency" might litigate and further push back the fish ladder construction.
© 2002 The Ojai Valley News
Matilija Coalition Publications
The Matilija Coalition is pleased to announce the release of two new publications about the ongoing efforts to restore the Ventura River ecosystem.
The Fall 2002 "Matilija Messenger" will be in the mail this week. The topic of this issue is "Ecosystem Restoration", and includes updates and details about the ongoing Matilija Dam Feasibility Study process. For those who are not on the mailing list (or who can't wait), a PDF file is now available on our website.
Paul Jenkin presented a paper at the California and the World Ocean 2002 (CWO '02) conference held in Santa Barbara at the end of October. "Managed Shoreline Retreat and Dam Removal: Ecosystem Restoration to Benefit Coastal Resources" is also available in PDF format on the website.
Visit www.matilija-coalition.org and click on "Newsletters & Publications"
Casitas Still Wants to Build Fish Ladder that Will Not Work
Feds Could Repossess Dam and Canal if Minimal Flow not Released for Fish Ladder
$2.25 Million in State Grants to be Lost
All Issues to be Discussed at December 18 Public Hearing in Oak View
OJAI VALLEY-- The expensive public relations campaign paid by ratepayers of Casitas Municipal Water District is now in full force with high-priced consulting, news media tours, and advertising that are intended to influence federal regulators, spin the news media, and fool the public. If the PR machine is fully implemented as the consultant proposed, the bill to ratepayers will be more than $150 thousand in an attempt to put off the inevitable in what is really a regulatory action between two federal agencies. Casitas and its hired guns will give their best shot during a special meeting of the district's Board of Directors, to be held Wednesday night (December 18), 7 pm at Sunset Elementary School in Oak View.
Voodoo Hydrology by Casitas.
Recent news reports indicate only about a 50% difference between the water amount that Casitas says it is willing to release through the fish ladder to benefit steelhead, versus the minimal amount that National Marine Fisheries Service (NMFS) has calculated steelhead would need, to swim in at least 6 inches of water from the ocean to Robles Dam. Even at that flow regime, a typical 24-inch long adult steelhead would have its back emerging from the water surface, vulnerable to predators and poaching. No credible hydrologic analysis by Casitas nor by its high-priced consultant, Entrix, has ever been provided to NMFS or other resource agencies, despite a long series of unproductive meetings and repeated promises by Casitas to make technical revisions to its "Safe Yield" water supply analysis. All that Casitas has provided is a doom-and-gloom, voodoo-hydrology scenario presented at one public meeting (November 11) with no analysis to back up its claims that water for fish must come at the expense of water for ratepayers. The minimum flow regime, calculated by NMFS with a very thorough analysis, is outlined in an available October 28 letter to Casitas. A public-derived analysis that shows only an actual small difference between Casitas and NMFS flows will be presented during the December 18 meeting.
No Flow = Lost Grants.
Even with adaptive management for reduced flow during times of drought, Casitas continues to stall and delay on making a decision so the fish ladder project can move forward without losing any more state grant money in addition to the $750,000 grant that definitely will be lost in March 2003 because the fish ladder cannot be completed by then. Another $1.5 million state grant is due to expire in March 2004, also likely to be wasted given the seasonal constraints on building the fish ladder by then. While Casitas could re-apply for those grants, the astute and independent review committee would be very hostile to a disingenuous applicant that has stalled and obfuscated as Casitas has.
No Flow = No Fish.
As reported in the minutes of its own Board of Directors meeting held on November 11, Casitas was told directly by Jim Lecky, a high-level NMFS official, that the flows proposed by the water district would be inadequate. As the meeting minutes reveal: "Mr. Lecky said you [Casitas] won't have a fish passage operation; you will have a fish facility and few opportunities for fish to make it to the facility." Alasdair Coyne of Keep the Sespe Wild Committee noted: "The district essentially wants to build a $4 million fish ladder that will not work, just so it can appear to have cooperated and negotiated in good faith." "Fortunately, the public and NMFS are wise to this ploy," Coyne added.
Whose Fish Ladder is It, Anyway?
Few people understand, and Casitas is loath to admit, that the minimal flows for the fish ladder to work properly actually are a requirement imposed by NMFS onto another federal agency, US Bureau of Reclamation (USBR). USBR is the actual legal owner of Robles Dam, the diversion canal, and the land around Lake Casitas reservoir, although Casitas is acquiring these facilities on a very-long-term payment plan. Accordingly, coordination with the local water district really is just a courtesy effort by these two federal agencies. USBR ultimately is responsible for all compliance with the Endangered Species Act in accordance with requirements set by NMFS. This means that USBR cannot permit a fish ladder to be built if it does not work properly with adequate flow.
Jeopardy, not just a Game Show.If USBR, as the owner of Robles Dam, allowed an ineffective fish ladder to built and operated by Casitas, NMFS probably would make an unprecedented "jeopardy determination" on such an action by USBR. Jeopardy means that Ventura River and all of southern California never again would support a healthy run of steelhead because a properly functioning fish ladder at Robles Dam is absolutely critical for steelhead to reach their spawning areas upstream in tributaries of Matilija Creek. NMFS legally cannot and will not let a project go forward that would result in a jeopardy determination, and Mr. Lecky already has said NMFS wants to "avoid a jeopardy outcome," as indicated in the November 11 Casitas meeting minutes. Russ Baggerly, President of Environmental Coalition of Ventura County, pointed out an additional far-reaching outcome of the inactions by Casitas: "If steelhead never recover in Ventura River and always remain an endangered species throughout southern California, water interests (i.e., everyone) will continue to be burdened with heavy regulations that add cost and time to just about every public and private project near a stream, whether steelhead are present or not," Baggerly noted.
More at Stake than Mere Water Dispute.
So what is US Bureau of Reclamation to do if Casitas continues not to cooperate? Sensitive to recent salmon controversies elsewhere in California, the feds likely would release even more flow for fish and even could repossess the USBR property, including the whole water delivery and storage infrastructure, to make sure it is operated in compliance with the Endangered Species Act. Casitas would be left with a lot of water but no way to deliver it to the reservoir and its customers, a far bigger disaster for ratepayers than the current dispute on flow for the fish ladder. Renegotiating the lease and operating procedures for Robles Dam, the diversion canal, and Casitas reservoir could be the true straw that breaks the Casitas back. "The Environmental Impact Statement and the EIR alone could bring down the water district," predicted Alasdair Coyne, a veteran reviewer of complex environmental planning documents.
How did Casitas Get Here?
The past year of Casitas meeting minutes and other documents show a long and deep history of bad advice from the district's current General Manager, John J. Johnson. Johnson is one of the highest paid public employees in Ventura County, with an annual base salary of $174,783 (reported in July 2002 salary schedule available at Casitas web site). About this, Russ Baggerly remarked: "Johnson should be able to think of creative solutions and work cooperatively with the public and other agencies so Casitas and its Board of Directors do not get into so much trouble." As in indicator of public sentiment about the water district, last month the electorate tossed out an incumbent Director who garnered only 38 percent of the vote. That election also appears to have been a referendum on Johnson and his poor management of the district. Two more incumbents are up for re-election in November 2004.
Deja Vu All Over Again.
About the history of water projects in Ojai Valley, Russ Baggerly further observed: "This is not the first time Reclamation [USBR] and Casitas have had to play catch up. The first time was the lack of foresight for the lands surrounding the lake and the pollution problems from grazing. The second time was the need for a complete dam retrofit because they built it on top of the Red Mountain fault with poor soil stability at the base of the dam. And now they have to think about a fish ladder for the endangered species in Ventura River. If Robles Dam and all its elements were being built today, the fish ladder would be installed promptly and operated with plenty of flow and no one would even blink because it would have to be done without question."
Follow the Money, Follow the Water.
Droughts come, and droughts go, but Casitas reservoir always has remained full enough to avoid a real water supply hardship. Casitas Dam (draining the reservoir down Coyote Creek) recently spilled in 1992, 1993, and 1998, wasting far more water than would have been needed for the fish ladder. Ironically, the silver steelhead in Ventura River appear to have become a "red herring" to divert attention from other water uses and sales by Casitas. For instance, if the district's "save yield" were not so ample, it may have to reconsider its provisional, and undoubtedly illegal, sales of water to avocado farmers cultivating extremely steep Class 6 lands along Casitas Pass Hwy. Urban expansion in Ojai Valley also may not be so easy, thereby allowing the community to live within its water supply means. Minutes from the Casitas Board meeting held on November 27 further reveal: "[Director] Hicks felt we need to bring that up and to have construction people here and wait and then bring that up. If they want to stop growth, that will do it." Boating and recreation, of course, also benefit most from an always-full reservoir, but financial records from the district have disclosed for a long time that the wannabe Casitas Recreation and Park District barely breaks even on revenue from its recreational developments at the lake. They would be at an even bigger financial loss if all the environmental planning and review were completed properly and legally, still an open issue.
What is Next?
The public hearing on December 18 will be a critical juncture on how much more fighting and stalling Casitas wants to do over "red herring" steelhead. Time is wasting and the federal agencies that really call the shots are growing ever more impatient. Observed David Pritchett with Southern California Steelhead Coalition: "In 1959 when Robles Diversion Dam was built, taking away as much Ventura River water as possible seemed like a good idea for life and leisure. Today, though, decades of environmental laws and public consciousness, especially in Ojai Valley and Ventura County, demand a more balanced view of natural resource management."
Contacts. The environmental advocacy groups listed atop this news release are ready to join other partners in conservation and good government to illuminate the antics of Casitas water district. We will be a continually available resource to counter the district's cynical public relations campaign, whether conducted by district staff or its expensive consultants.
Background. To supplement this news release, relevant agency correspondence, published news articles, and prior news releases will be distributed during the public meeting at 7 pm on December 18.
Casitas Water District (www.casitaswater.org) serves the Ojai Valley, western Ventura, and coastal communities to La Conchita. The lead project biologist for NMFS is Rick Rogers at telephone 562-980-4199. Lead contacts for California Department of Fish and Game are Katie Perry at telephone 916-445-4506 and Mary Larson at telephone 562-342-7186.
District says fish plan won't float - Officials fear it would use reserved water
By David Montero, dmontero@insidevc.com
December 16, 2002http://www.staronline.com/vcs/county_news/article/0,1375,VCS_226_1612604,00.html
James Coultas has spent a good portion of his 59 years fishing along the Ventura River. In that time, he thinks he saw a steelhead trout just once.
"There was a fish in a pond-like area of the river, and it looked like it might have been a steelhead," he said. "But the only way to tell for sure is to kill them and look at their ear bones or something. So I don't know if it was a steelhead for sure or not."
Coultas, director of the Casitas Municipal Water District, is acutely aware of the rarity of the silver and rust-speckled fish. So much so, he'll tell anyone who will listen that he wants construction to begin on a $6 million fish ladder in the Ventura River as soon as possible to save the trout. It has been listed under the Endangered Species Act since 1997.
He'll get no argument from either the federal or state government, which are itching to get it built.
But still, the proposed project has dragged on for more than three years.
Water district officials say federal and state government want them to push so much water through the fish ladder, it will rob from water set aside for residential, agricultural and recreational customers in Ventura County -- especially during drought conditions. They'll make their case at a public hearing scheduled for 7:30 p.m. Wednesday at Sunset School in Oak View.
Government officials will be there as well. They believe the amount of water proposed by the district to fill the ladder is so small, it will stymie the trout's ability to repopulate itself up the river.
The two sides have been hung up on this issue for the duration of the project.
How far apart are they on the annual water flow for the ladder? About 163 million gallons.
Larry Week, bureau chief with the California Department of Fish and Game, said the steelhead species is so important in the Ventura River that the ladder at the Robles Diversion will be the linchpin for re-establishing healthy trout populations throughout Southern California.
"(The Ventura River) is a keystone -- that's how important we think it is," Week said. "For the past decade, this project has been a top priority."
Steelhead populations are so severely diminished in the Ventura River, the numbers could be fewer than 200 now, according to Mark Capelli, area recovery manager for the National Marine Fisheries Service,the federal arm of the trout ladder project.
And with recent dry winters, Capelli is especially concerned about getting the trout up and down the river as quickly as possible to spawn.
The fish ladder, he said, is vital to bringing the populations back up beyond the Robles Diversion. Those areas are prime spawning spots for the trout.
But getting them above the diversion --the facility the district uses to keep water flowing into Lake Casitas -- is a tricky balance of engineering and biology.
In theory, adult steelhead will swim from the Pacific Ocean up the Ventura River to a narrow fish way at the side of the river. It will gently lure and pull them through a ladder -- boxes filled with flowing water -- that they can easily leap step-by-step.
Then, after briefly being in the diversion channel, they move into another guidance tube along the side that will eventually empty them out into the Ventura River above the diversion to spawn. When those young trout become juveniles, they can go back down through the fish ladder and into the ocean.
John Johnson, general manager of the district, said the design of the fish ladder is state of the art.
Both Fish and Game and the National Marine Fisheries Service agree the design is well-conceived. But they simply can't see eye to eye on how much water should be diverted through the fish ladder.
Johnson said the district shouldn't be required to move more than 489 million gallons of water a year through the ladder. The federal government thinks 652 million gallons is about right.
During a drought, Johnson said, that water would take away from Lake Casitas, bringing its water level well below what is necessary to sustain recreation there.
With a $10 million annual budget, the recreation at Lake Casitas, including bass fishing, boating and camping, accounts for almost 30 percent of the water district's revenues. If the lake dries up, Johnson said, it could be the first step in driving the district out of business.
"We're asking National Marine Fisheries Service for some protection for the district during a drought," he said. "It has to be clear and definite -- not just a promise to meet with us."
But Jim Lecky, assistant regional administrator for protected resources at National Marine Fisheries, said his department has set up a built-in review after five years along with regular monitoring to determine if the proposed water levels are meeting the trout's needs, while assessing the district's needs.
Lecky also said Casitas is presenting a "worst-case scenario." He said the government is willing to work with the district on water flow if a drought hampers its ability to provide water to its 3,000 direct customers along with water it sells to the city of Ventura.
Jim Edmonson, conservation director for the nonprofit group Caltrout, said the district isn't seeing the big picture.
He said when the district put the Robles Diversion in place in the early '60s, it was the single biggest cause of steelhead population declines because it blocked their ability to get upstream.
"They created the problem; now they have to create the solution," Edmonson said. "Right now, the fish can't go home. They have to be able to go home."
Johnson said the district wants the fish to be able to get upstream to spawn as well. He said the district has been anxious to get the project under way because it has qualified for close to $4 million in state grant money to build the ladder.
He noted the district is about to lose $750,000 from Fish and Game because a first deadline to build is set to expire in March. Because construction can't begin until the river level is down in June, Johnson said, the district will have to fund that cost itself.
Not true, according to the Department of Fish and Game.
Although the grant will expire, Week said Casitas can reapply for the money, and it likely would be approved.
TO CALCOAST MEMBERS,
I wasn't in San Francisco today for the Coastal Commission meeting, but the following is a brief report based on e-mails and telephone calls we received this afternoon:
Commission Chair Sara Wan withdrew her name as a candidate for chair. Two candidates were nominated: Sonoma County Supervisor Mike Reilly and Dave Potter, a County Supervisor from Monterey.
Two votes were taken and each resulted in a 6-6 tie. As a result, a nominating committee was formed and the issue will be revisited at the commission's January meeting in Los Angeles.
Steven Aceti, JD
Executive Director
California Coastal Coalition
1133 Second Street, Suite G
Encinitas, CA 92024(760) 944-3564
(760) 944-7852 fax
steveaceti@calcoast.org
www.calcoast.orgThe California Coastal Coalition (CalCoast) is a non-profit advocacy group comprised of 34 coastal cities; seven counties; AMBAG, BEACON, SANDAG and SCAG; along with business associations and allied groups committed to restoring California's shoreline through sand replenishment, increasing the flow of natural sediment, wetlands recovery and improved water quality.
Top 10 Reasons Why a Matilija Dam Fish Ladder won't work
The Matilija Dam fish ladder is still being discussed as an "ecosystem restoration" alternative. Many reasons why it won't work have been thrown out in meetings, but there still is no written rationale.
Last night I concocted a list from all the things that have been said in the various working groups - each of these can be verified by scientists and agency personnel. Hopefully an official position will soon be taken by the agencies involved.
enjoy :)
Top 10 Reasons Why a Matilija Dam Fish Ladder won't work
10 - Too high
9 - Too expensive
8 - Flash floods
7 - High maintenance
6 - Won't last
5 - Sedimentation
4 - Low flows
3 - Environmental impacts
2 - Fish won't like it
1 - Doesn't pass the laugh test
Coastal Commission election a battle for control, power
Environmentalists fear pro-development shift
By Timm Herdt, herdt@insidevc.com
December 8, 2002The morning after Californians went to the polls on Nov. 5, members of the state Coastal Commission decided to hold an election of their own.
It did not go smoothly.
What might have been a routine move to retain Sarah Wan, a Yale University-educated biologist from Malibu, as commission chairwoman became instead the jumping-off point for a power struggle that has energized environmentalists along the 1,100-mile stretch of California's coast. On a 7-5 vote, action on Wan's re-election was put off until the agency's December meeting, which will take place Wednesday in San Francisco. The delaying action was taken at the behest of Commissioner Dave Potter, a Monterey County supervisor who is vice chairman and would ascend to the top spot if Wan's detractors prevail. It was joined by Cynthia McClain-Hill, a Los Angeles land-use attorney and investment banker with close ties to Gov. Gray Davis, who pointedly said that "of my own volition" she could not support Wan's re-election.
Wan, an appointee of Senate President Pro Tem John Burton, D-San Francisco, is beloved by environmentalists. They distrust Potter, an appointee of Assembly Speaker Herb Wesson, D-Los Angeles. A battle for control of the commission was on, and the commission vote set off immediate political aftershocks.
The vote was cast just after 9 a.m. By noon, Burton had bumped into Assemblywoman Fran Pavley, D-Agoura Hills, at Burbank Airport, on her way to attend a post-election meeting of Assembly Democrats. "Talk to Herbie about the Coastal Commission," Burton advised Pavley, who would be speaking to Wesson within hours.
What is unfolding, said Commissioner Pedro Nava, a Santa Barbara attorney, is a battle "over the heart and soul of the Coastal Commission." The commission, created when voters approved the Coastal Conservation Initiative in 1972, has been controversial since its inception. It has broad police powers over all land-use decisions along the beach to as much as five miles inland. Its governing structure is unique: 12 commissioners, four each appointed by the governor, the president pro tem of the Senate and the speaker of the Assembly.
The structure provides for a built-in independence, since there is no single controlling authority over the appointees, and it frustrates power-brokers in Sacramento.
"There's no doubt that every single governor for the last 30 years has been frustrated over the fact that the commission and its executive director are independent from the administration," said Mark Massara, the Sierra Club's coastal program director. "That drives governors crazy."
Critics speak out
It is also an issue that drives the commission's many critics crazy. "It is very conveniently set up so that no political individual or body can be tagged with responsibility," said Harold Johnson, an attorney with the Pacific Legal Foundation, a property-rights advocacy group that has long fought the commission. "It's a rogue agency."
While the commissioners are scheduled to resolve the current power struggle with their votes in San Francisco this week, an appeals court in Sacramento will hear oral arguments next week in a case that challenges the very legality of the commission. A Sacramento Superior Court judge last year ruled the commission is unconstitutional because its structure violates the separation of powers. In essence, the judge ruled, it is impermissible that eight of the 12 commissioners on a regulatory agency that serves an executive branch function are appointed by legislative leaders. That ruling has been stayed until the appeal is resolved.
In the meantime, evidence that no one political entity controls the commission has been dramatically playing out. Massara and other environmental activists fear Davis and his appointees are trying to exert control over the commission -- and allege that they are trying to orchestrate a palace coup by attempting to coordinate the actions of Davis' and Wesson's appointees. The commission conflict comes at a time when a number of high-profile development projects, including a Monterey County golf course backed by actor Clint Eastwood, are headed toward commission action. It's clear that at least some of the commissioners share Massara's fear.
Future in jeopardy?
In her remarks at the November meeting, Cynthia Desser, an environmental attorney from San Francisco, made clear that she feared for her tenure on the board when she sided with Wan, an appointee of Burton. Desser is the only one of Davis' four commissioners who has not been reappointed.
"I want to speak, too, no doubt to my own personal peril, in terms of my own tenure on this commission," Desser said as she opened a speech about her concerns. "When I hear that there are people that are looking for a different composition of this commission because of big projects, like golf courses along the coast, or big projects down in southern California that entail shopping centers and the like ... it makes me very sad. I hate to see the composition of this commission being manipulated, in order to try and determine particular outcomes."
Wan's supporters are rallying to her cause by, in essence, asking all the political bigwigs to butt out and let the commissioners resolve the leadership issue among themselves. Assemblywoman Pavley, a former commissioner herself, said she has appealed to Wesson not to get involved. "I've had some discussions with the speaker about the perception of interference from Sacramento," she said.
Asked by The Star last week whether he had spoken with any of his appointees about the commission chairmanship issue, Wesson said he had not and does not intend to.
Davis Press Secretary Steve Maviglio said last week that the governor has yet to decide whether to take sides on the issue. No decision has been made either, Maviglio said, as to whether Desser will still be on the commission when it opens this week's three-day meeting on Tuesday.
Support for Wan
Environmental groups on the Central Coast have rallied behind Wan. The Los Padres Chapter of the Sierra Club last week passed a resolution in support of her re-election, and Alan Sanders, of Port Hueneme, the club's conservation chairman, said Wan's continuation as chairwoman is critical to efforts to preserve the Ormond Beach wetlands. The chair of the Coastal Commission automatically sits on the board of the Coastal Conservancy, an entity that is considering additional purchases of the south Oxnard wetlands.
Wan has long been an advocate for Ormond Beach. Before her appointment to the commission she was instrumental in founding the Ormond Beach Task Force, a preservation group that has been instrumental in lobbying government agencies. Linda Krop, chief counsel for the Santa Barbara-based Environmental Defense Center, said that without Wan's leadership it is doubtful the commission would have moved to sue the federal government to assert the state's role in deciding the fate of undeveloped oil leases off the Santa Barbara and Ventura County coasts. Last week, a federal appeals court upheld the state's position. "If Sara Wan hadn't been chair, I don't think the commission would have brought that lawsuit," Krop said. "People look to the chair for guidance."
Golf course decision
Once the leadership question is resolved, the commission will almost immediately take up one of the highest-profile coastal issues on the Central Coast -- the fate of a proposed seaside golf course just off Highway 101 in Goleta.
The project was originally approved by the commission in 1994 but has since been modified. Now the commission staff recommends that because of changed circumstances -- principally, the discovery the area is home to two endangered species -- the project should be denied. Massara, of the Sierra Club, said he believes that the vote on the chairmanship could influence the vote on the Goleta golf course."Dave Potter has gotten very comfortable voting for some of these bad projects," he said. "If he wins the chairmanship on Wednesday morning, then on Wednesday afternoon is the most high-profile project of the year. There's no way you can approve that course and be consistent with the Coastal Act." But while Massara uses phrases such as "pro-developer" to describe the recent leanings of the Coastal Commission, the agency's critics have a hard time making such distinctions.
"I just don't see any trend in the Coastal Commission to start respecting property rights or take a more balanced approach than they ever have," said Johnson of the Pacific Legal Foundation. "I have not seen a letup in its micromanagement of coastal land-use issues."
Massara said he has no doubts that Wan would be re-elected if commissioners were free to decide on their own. "If this vote is on the merits," he said, "Sara wins hands down." He said coastal advocates will be closely watching the fate of Desser, whose conservation score for her 2001 voting record was more than double that of any other Davis appointee. "The Sierra Club would be extremely disappointed if Gov. Davis were not to reappoint Christine Desser," Massara said. "It would be a slap in the face of the environmental community." The Sierra Club and the League for Coastal Protection compile an annual voting scorecard. It shows that the commission has become progressively more friendly to developers over the last three years. In 1999, Davis' first year as governor, the commission sided with the Sierra Club on 64 percent of the key votes. That dropped to 50 percent in 2000 and 41 percent in 2001. Davis appointees scored the lowest at 28 percent, compared with 56 percent for Burton's appointees. "The desires and influence of big donors has played a big role," Massara said.
2001 © The E.W. Scripps Co. Ventura County Star subscription services
Casitas Water District is holding a public meeting on plans to construct a fishladder by the Robles Diversion Dam on the Upper Ventura River, which they operate. (It's near Friend's Ranch on Hwy 33).
The meeting will be 7 pm on Wed. Dec. 18th, at Oakview's Sunset Elementary School. Turn west on Larmier Ave at the signal by the Oakview Post Office (turn left if coming from Ventura, right if from Ojai) and follow Larmier, which curves to the left, to Sunset school.
BACKGROUND
The Robles fishladder will allow adult steelhead to reach the headwaters of the Ventura River, their spawning grounds. When Matilija Dam comes down, as is planned, Matilija Creek will once again become a first-class steelhead fishery - but only if the steelhead can first get past the Robles Diversion dowstream.Casitas Water District is fighting tooth and nail to NOT allow enough water to flow down the fishladder for steelhead to use. They've concocted a doom and gloom scenario - the world as we know it will end if steelhead are to reach the headwaters of the Ventura River once again.
The federal Bureau of Reclamation, who own the Robles Diversion, the National Marine Fisheries Service and the Ca. Dept. of Fish & Game have ALL agreed on operating criteria for the Robles fishladder.
Your attendance at this public meeting is vital! Fishermen and environmentally-minded citizens, among others, must voice strong support for adequate water for the steelhead to be able to use the Robles fishladder.
READ MORE - check out the current issue of the Ojai/Ventura VOICE (free at newsstands) for a story on the Robles fishladder on page 16.
WHAT TO SAY
We need as many speakers as possible - even if you only say a couple of sentences. Some important points -* Ask Casitas to sign on to the National Marine Fisheries Service's operating criteria for the fishladder, right away, so the project can move forward.
* Tell Casitas that the amount of water THEY want to put down the fishladder (40% of what the operating criteria state) will not let steelhead access the fishladder.* Casitas just lost - because of their delaying - a Ca. Dept. of Fish & Game grant of $750,000 towards the fishladder's construction. Ask them where this money will now come from - will it be from our water bills?
* Tell Casitas you do not support their having just signed a contract for $123,000 with a public relations company, to fight against steelhead passage at the Robles fishladder. The $123,000 is ratepayers' money!
* Remind Casitas that the amount of water the fishladder needs - 2000 acrefeet per year - is LESS than the amount of water lost over Casitas Dam when the Lake is full - which averages 2600 acrefeet per year. There'll be no water shortages because of steelhead using the fishladder!
FURTHER CONTACTS:David Pritchett, Southern California Steelhead Coalition, dapritch@cox.net
Paul Jenkin, Matilija Coalition, pjenkin@sbcglobal.net
Russ Baggerly, Environmental Coalition of Ventura County, (805) 640-0124
Alasdair Coyne, Keep Sespe Wild, (805) 921-0618
