Ventura Water Commission recommends ending CIP contributions to public art fund, citing legal risk concerns

The Ventura Water Commission voted unanimously to recommend that the City Council adopt an ordinance ending any contributions from water and wastewater capital improvement program (CIP) projects to the public art fund.

Ventura Water staff framed the item as a formal recommendation to the council, saying the ordinance would “suspend the water and wastewater CIP projects from the public art fund” and noting that staff sought to keep utility rates and charges “as low as possible.” The commission had no public speakers on the item.

Vice Chair Anselm raised legal concerns, asking whether California ballot measures limit utilities from charging customers for art. “I’m gonna get the number wrong, but Prop 26 requires that a utility can charge no more than it costs for the service provided,” Anselm said, adding that such funding could be subject to litigation. Staff acknowledged the question, saying there is some risk if the policy were litigated but also noting the city has not collected such contributions since 2012 and that past practice has been to extend a moratorium periodically.

After discussion, a commissioner moved and another seconded that the water commission recommend the City Council adopt the ordinance ending CIP contributions to the public art fund. The motion carried on a unanimous vote of the commissioners present.

Next steps set by staff call for the commission’s recommendation to go to City Council for final consideration.