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Keeping an eye on the City Manager

Take Notice Of The New City Manager In The First 100 Days

“…Great responsibility follows inseparably from great power.”
—Voltaire

What’s next for Ventura with a new City Council and a new City Manager? Is Ventura better prepared to meet the challenges of 2019 and beyond? At the inception, the answer may be no. It takes time for city government to change course even if danger signals abound. Given time, however, there are many things to be hopeful about.

Ventura Welcomes A New City Manager

As of this week, Ventura’s new City Manager, Alex McIntyre, started his new position and will begin getting acquainted with staff, community leaders and the city at large.

New City ManagerMr. McIntyre is no stranger to managing municipalities so it goes without saying that he will become intricately familiar with Ventura’s budget and various legal agreements over the next few months. He begins his working relationship with a seven–member city council, two of which will be new and inexperienced.  He also will meet a notoriously entrenched bureaucracy.

Because the former City Manager, Mark Watkins, left the City Manager position in December 2017, Ventura has operated with interim city managers for 11 months. During that time, city employee turnover and vacancies has become problematic. One job site showed 55 City of Ventura job openings alone.

The first priority will be filling positions critical to providing departmental leadership, and in turn quality public services. Key positions, such as Public Works Director and Finance and Technology Director, will likely be filled by one of Mr. McIntyre’s own team members. Other key positions and new direction are badly needed in a community that is still struggling with the Thomas Fire rebuilding programs.

New City Manager can help with Thomas Fire rebuildingNotwithstanding assurances from the Community Director, after the Thomas fire disaster, the rebuilding process has not been smooth. Hundreds of citizens have been presented with inconsistences in building, planning and permits for Thomas Fire victims trying to rebuild and repair their homes. Then there are some homeowners who are concerned that any form of complaining will further delay the process but these same homeowners share many horror stories outside of City Hall.

As an example, while one planning checklist says that a Mechanical, Electrical, and Plumbing services report (MEP) is not required for homes under 3,000 sq. ft., Building and Safety has been known to request an MEP anyway. While maybe this request is made as an abundance of caution, it places long delays and huge costs and angst upon the fire victims. Another homeowner, who lost their home in Clear Point, remained upset that after the height allowance for 2 story homes was increased because of complains by homeowners, the height allowance for single story homes was decreased.

While these types of arbitrary decision can be appealed, an appeal process may take months or longer. For folks who just want to get past the nightmare and get back into their home, this is a cruel and harsh procedure. It is strongly suggested that the process be reviewed and a streamline. It is recommended that a 5 day appeal process be implemented to eliminate any bottlenecks in the building & safety and permit process.  This would be a good first step for our new City Manager.  Building confidence in his leadership is very important for the community.

A New City Council And A New City Manager

The next priority will be the education and training needed to help the new city council become fully familiar with city budgets, the Comprehensive Annual Financial Report (CAFR), finances, the Casitas Water Agreement and various other legal agreements, protocols and procedures so future decisions will be based upon a good understanding of past city council actions.

Finally, getting a realistic handle on whether to now spend another $536 million on the Capital Improvement Plan (CIP) projects, for new water and wastewater plants, within the timeframe mandated by the Wishtoya Foundation Consent Legal Decree, or extend the date for compliance of that agreement is extremely important.

Compliance with the current deadline of January 1, 2025, is likely improbable.   That 2025 deadline for compliance is looming, yet after 6 years of numerous biological studies, the State Water Board has still not made any decision on how much of the 9 million gallons per day of treated wastewater can continue to be released into the Santa Clara Estuary, or how much of that wastewater must be pumped and used for other purposes.

State experts have reported that Direct Potable Reuse (DPR) of wastewater is not safe for human consumption and further studies on the safe use of that water are not planned for another 3 years. Even if approved, the State of California will then have to develop and approve statewide standards.  When and if that happens, this would be followed by a complex EIR and State Water Board hearing process to determine specific standards for Ventura.

Nowhere in the U.S. have regulatory standards been approved for DPR.   Notwithstanding these hurdles, the majority of this past City Council has continued to march toward compliance by 2025, and continue to plan to raise water and wastewater rates to build projects for DPR.  It is obvious that the City of Ventura must take further action available through the Wishtoya Agreement.  Read the Consent Decree here.

In 2017, Ventura experienced one of the worst disasters in its history with the Thomas Fire. The city’s financial and human resources have been extended beyond its limits.  Add that to the burdens of a Federal Consent Decree agreed to in “private session” by the City Council in 2012, and our community faces real financial distress.  It is imperative that the City of Ventura take the legal steps now and direct the City attorney to petition the court to extend the implementation deadline until 2030 -2035.  The Consent Decree recognizes and permits that process in article 26.   Why the immediate past City Council has been dragging their feet on this issue is perplexing.  If there is a good reason, nobody is sharing it with those who matter – the citizens and rate payers.

Editors’ Comments

With great power comes great responsibility. The new City Council and City Manager bear the burden of facing daunting challenges. We hope they will be powerful enough to meet those challenges.

Brooks Institute Settlement

Is The City Hiding The Truth From You About Brooks Institute?

Three things cannot be long hidden: the sun, the moon, and the truth. —Buddha

 

The City Cuts And Runs On Brooks Institute Debacle

Citizens Short Changed

The folks at City Hall are trying hard to put on a brave and jubilant face in trying to explain why their decision to accept $71,000 to settle a lawsuit against Brooks Institute is a victory. Readers of this letter know better. The settlement does not even cover the rents and security deposit that Brooks was to have paid in the first 6 months of their lease or the future lost rents and property damages.

By our best estimate, there was $61,000 in lost rent Brooks Institute was to pay under the lease for 6 months in 2016. Also there is the $200,000 it will cost in tenant improvements to return the space to leasable condition. Add to that the undisclosed amount the city spent in legal fees and staff time to reach this point, there is well over $261,000 lost in this settlement.

History of Events

The Brooks Institute example is a case study in ineptitude

On March 1, 2016, after meeting with the then Mayor of Ventura and downtown property owners, Brooks executed an office lease for the 4th and 5th floors at 505 Poli Street, behind City Hall. That lease was for a period of 6 months with provisions of four -1 year options to extend.

The contract expressly provides that concurrent with the signing of the lease with Brooks, prior to their taking take possession, had to first pay a security deposit of $10,181.20, first months rent of $10,181.20 and last months rent of $17,390.65, for a total of $37,753.05.

The money was never paid. Yet the City allowed Brooks and their contractors’ access to enter the premises to tear out the offices in the building and start building out their new space. City personnel knew it. Engineering plans and permits were expedited and the work commenced.

It was never completed. Brooks walked away from the project in August, 2016. No rent was paid for July through December, 2016. An additional loss of $61,087.20.

On December 22, 2016, the City Attorney filed a complaint seeking damages for lost rents and security deposit ($84,936), the cost of repairing and restoring the property destroyed by Brooks in starting to perform tenant improvements (according to proof at trial) attorneys fees and punitive damages.

That lawsuit was against Brooks Holdings, LLC., Green Planet Inc., dba GPHomestay, a Massachusetts Corporation, and Xinwie Lin, the primary stockholder of Green Planet. The only person that signed the leases agreement with the City was Edward M. Clift as President of Brooks Holdings, LLC. This company had been formed, one year before, to acquire a bankrupt Brooks Institute of Technology.    Nobody else signed any agreements, contracts or guarantees.

Brooks Institute paid no money to the City for rent, no money for a security deposit and no money to restore the tenant improvement their contractor destroyed at 505 Poli.

A Lease “Approved As To Form” by City Attorney

To further compound this enormous error, the written lease agreement did not have any provisions for a performance bond and no performance guarantees signed by Green Planet or Ms. Xinwie Lin. They all orally assured our Mayor, the city staff and the City Council that they were financially sound and would bring a thriving school of higher learning to the community for many years. You know, “trust us”, our word is our bond.

City Attorney Gregory Diaz closes the book on Brooks institute

Those promises and assurances proved false and evaporated after 4 months. City leaders were blinded by glittering opportunity, dollar signs and the prospects that all of this wonderful development would come to the downtown. City leaders were so caught up in this “wonderful idea” that economic reality was ignored.

When the City Attorney, the same person who negotiated this settlement, signs a lease as “Approved As To Form”, does he have a responsibility to ask why the lease didn’t have any guarantees or bonds?

We may never get an accurate reporting of what the damages are in fact. Loss of future rents from other potential tenants, costs of repairing the property and legal costs. We were assured however that “the City is conducting a through process review to determine what caused the delay to collect the amount due from Brooks, and that we (they) will also be developing a better administrative process to prevent this from happening in the future. The City takes this issue seriously and we (they) strive to promote transparency at the highest level”. Now, City Attorney Gregory Diaz tells the Ventura County Star, “This matter is now closed.”

To our knowledge, the city never informed the public of the results of that review process. In fact, no one knows if the city actually performed the review.

The only noble gesture in this entire debacle was the public apology of then City Manager, Mark Watkins, who accepted full responsibility. He has since retired. As for a certain member of the City Council, they were not quite so noble, quickly throwing anyone and everyone under the bus in attempt to divert attention from their foolish folly.

Call for Action

Demand accountability from city officials.

Brooks Institute is a case study in ineptitude. Only this time it’s different. We can hold city officials to their promise. City staff committed to investigate the process thoroughly and make changes. Ask to see the results of that investigation. Ask to look at the changes to the review process the city implemented as a result of that investigation.

Click on any one of the pictures of City Councilmembers below. Your email program will open automatically. Write to your elected officials. Demand to learn what changes the city’s made following the Brooks Institute breakdown. It’s your right as a citizen to know the city is working in your best interest. It’s your right to know how they are changing to prevent it from happening again.

Editors’ Comment

In the private sector, when a so-called “good deal” goes bad for lack of common sense and due diligence people are deservedly fired.. In the public sector there are zero consequences, only platitudes and assurances “that this will never happen again” or “we will strive to promote transparency.”

The City Council directly hires two people, the City Manager and the City Attorney. While the City Manager recently retired/resigned, after the Brooks Institute debacle, the City Attorney should be under greater scrutiny.

Demand To Know What Changes Have Been Made To The Real Estate Process As A Result Of Brooks Institute

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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