Water tank construction allowed to proceed





Los Angeles Superior Court ruled against a temporary restraining order that would have stopped construction on the new water tank being built in the Westlake Village Three Springs neighborhood.

Judge Joanne O’Donnell allowed construction of the 5-million-gallon tank to proceed, although she said in her seven-page ruling on June 4 that she still needed more information on the case.

A lawsuit against the Las Virgenes Municipal Water District tank filed by Three Springs resident Frank Bonvino is expected to go to trial.

Meanwhile, both sides in the tank dispute are claiming victory.

“We’re pleased the court confirmed the (water) district followed a rigorous public process allowing ample opportunity for public input on the project,” LVMWD general manager David Pedersen said in a statement. “The District has been and continues to be committed to transparency, particularly when it considers major capital projects. As a public agency providing essential services to some 70,000 people, we cannot compromise or risk public health and safety when the facts indicate the need for a specific project,” Pedersen said.

Judge O’Donnell found that LVMWD followed proper procedures in preparing the project and gave the public ample opportunity to voice concerns, the water district said. The judge also said the water district performed a “thoughtful assessment” of the risk of Valley Fever and that no credible evidence was presented to substantiate a supposed threat of the disease.

“We are very pleased with a favorable ruling and confirmation that the district followed the appropriate process to approve the project,” LVMWD board president Charles Caspary said. “The district will continue to work with the community, including the litigant, to minimize inconveniences caused by construction and to complete the project as quickly as possible.”

But the opponents of the tank immediately fired a response: “The court did not make any determination of whether the district followed process or not; did not determine that the process provided ample opportunity for the public to be heard; did not opine on whether there’s increased fire risk without a tank; made no assessment of Valley Fever risk . . . and did not confirm, as President Charles Caspary indicated, that the district correctly followed due process.”

“While the temporary injunction was not granted, the court’s actions and comments made it clear that there was sufficient merit to the case moving forward to trial,” said Barry Steinhardt, a water district board member who has opposed the tank. “In fact, the judge not only admonished the district’s counsel during the hearing, but made it clear in the written decision, that a great deal of justification information by the district was missing. . . . Furthermore, it is a pure play on the public’s fear that we do not have enough water to fight fires,” Steinhardt said.

The opponents say it is “open to question” as to whether or not the water district violated the public process or followed proper procedure in developing its plans.

The judge, however, chided Bonvino for taking too much time in bringing his case to light. She brought up a pair of statute of limitations—30 and 180 days after the tank project was first approved in 2009—that should have been followed. Bonvino pointed out that LVMWD didn’t give final approval to the tank until January of this year. He brought suit against the water district shortly after.

Construction of the water tank is scheduled to be completed in June 2015.



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