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How to hire better for the most influential job in Ventura

How To Make Better Hiring Decisions For The Most Influential Job In Ventura

December 19, 2022/in Newsletters/by VREG Editors

Here we go again. Ventura is hiring its fifth City Manager since 2000.

The City Manager is the most influential job in Ventura’s city government. He controls millions of dollars and impacts Ventura for years to come. Unfortunately, he does this with little oversight from a part-time City Council.

Neither the City Manager nor the City Council has shown an ability to run the city in a fiscally responsible way. As a result, the Finance Department has provided the City Council with a projection that the City of Ventura will lose money over the next five years.

Four previous holders of the most influential job in Ventura.

For the fifth time since 2000, Ventura is hiring a new City Manager.

Poor Choices Lead To Financial Disaster

The City Council does a poor job of overseeing the City Manager. Former City Manager Rick Cole played financial games with the budget. He moved $7.5 million from the Public Liability Fund, Workers’ Compensation Fund, and Information Technology Fund to other areas in the budget. These moves made it appear as if the city’s budget was balanced. Unfortunately, the Council didn’t catch the manipulation or was unwilling to investigate further.

Former City Manager Donna Landeros reallocated $9 million earmarked for the proposed Convention Center to various city programs. Unfortunately, no one can determine what happened to the money.

Former City Manager Mark Watkins acted as the chief cheerleader on Measure O. He touted the money was for city services. Yet, oversight for Measure O has disappeared as the citizens’ committee has several vacancies. Measure O money will ultimately go toward employees’ pensions, not city services.

Moreover, the City Council’s decision to hire Mr. Watkins cost the Ventura taxpayer’s money. When Mr. Watkins took the most influential job in Ventura, the Council chose to increase his salary and bonus to $242,059. That was a $52,718 increase over his predecessor, Mr. Cole. Former Councilmember Christy Weir claimed hiring Mr. Watkins would save the city more money than the rise in his salary. Unfortunately, the figures don’t bear that out over the four years he served in the role. And now, Mr. Watkins receives his retirement pension based on his highest salary of $242,059.

The City Council put Mr. McIntyre on paid administrative leave. At the same time, Ventura hired an independent auditing firm to review city credit card usage from the city’s executive team and other spending. On December 12, 2022, Mr. McIntyre resigned before the audit results became public. The City Council accepted his resignation and paid him $150,000 severance pay.

There Will Be Pressure To Hire Fast

The Council will feel internal and external pressure to act quickly. They’ll want to fill the vacant position immediately to provide leadership at City Hall. In addition, citizens will demand someone to manage the Thomas Fire and COVID-19 recoveries. The search firm Ventura hired to help find someone for the position will add to the pressure, too. Ventura pays the search firm when the new City Manager accepts the job. Typically, the fee is three months of the City Manager’s starting salary. In this case, it’s $76,177.

A hasty decision now could lead to adverse consequences in the future. Therefore, the Council should be deliberate, bold and thoughtful when hiring. Likewise, they should think creatively and progressively as they make their selection.

Balancing these goals will take work, and the Council must resist succumbing to the pressure.

Qualities Ventura Needs In A City Manager

The challenges facing Ventura’s new City Manager have never been more significant. The city is recovering from back-to-back adversities and requires steady leadership. Here are some attributes that the City Council should demand of the new City Manager.

Fiscal Responsibility

The new City Manager will inherit a budget with declining revenue and the possibility of a recession in the general economy. Therefore, the new City Manager must thoroughly understand the city’s budget and financial figures. In addition, they must include an understanding of fiscal policies, procedures and controls. For example, Ventura is spending over $100,000 on auditors to investigate city credit card usage by City employees and executive spending. Taxpayers wouldn’t have to pay this if the city accounting staff and the current assistants and deputies in the City Manager’s office had done their job and had implemented proper controls at City Hall.

Accountability

Residents expect the most influential job in Ventura to be accountable. President Truman said, “The buck stops here.” In Ventura, the “buck stops” at the City Manager’s desk, which applies to all the City Manager’s subordinates. The top person is accountable for results, even if the underlings underperform.

Communication

The City Manager must be able to communicate with various groups. For example, they must be able to collaborate with city staff, labor unions, the City Council, the media and the community. Also, the City Manager needs to articulate the city’s plan to move ahead following the Thomas Fire and COVID-19. They must also communicate changes in department policy and practices.

Transparency

Transparency begins with knowing how the City Manager is performing. The city should use Standards of Performance (SOPs) to measure achievement. Currently, the City Manager doesn’t have SOPs listed on its website. The Council should prepare SOPs, and the city should post them for the public to review. What’s more, the City Manager’s accomplishments should be in the public record. Citizens deserve a yardstick to measure if the city meets the City Council’s directives.

Results Driven

The new City Manager should be goal oriented and a self-starter. Once the City Manager understands the Council’s direction, this individual cannot wait for an elected, part-time City Council to implement action. The new person must be able to meet deadlines to produce measurable results on the projects the city commits to completing. The new Council intends well, but they are part-time. They do not have the ability or tools to implement their policy decisions and then follow up to ensure others successfully implement them. Only the City Manager and his lieutenants can do that.

Delegation

Delegating responsibility will be crucial to the new City Manager. Yet, delegation doesn’t mean surrendering responsibility. On the contrary, the new City Manager must regularly inspect the assigned projects for results and, if necessary, take action for missed goals.

What The City Council Must Avoid When Hiring A City Manager

Equally crucial to the qualities to look for in a new City Manager are the things the City Council must avoid when hiring that person.

Requiring Former Public Service

Nothing limits the candidate pool like requiring previous public service at the city, county or municipal level. Past City Managers had a bureaucratic background. Locking in on prior public service leads to a “status quo” in city government. Little new or original thinking will come from other public servants. If the city wants to change and improve, finding a person with a business management background would be more beneficial in the long run.

Negotiated Automatic Raises

One salary negotiating tool for a prospective City Manager is to ask for—and usually receive—a salary increase after a specified period. Mr. McIntyre negotiated such a deal, and the increase was unwarranted. Base all increases on meeting or exceeding predetermined measurable results. Tenure should not be a criterion.

Long-Term Severance Packages

Mr. McIntyre also negotiated a $300,000 severance package over twelve months if the City Council terminated him without cause. The severance was too much and will last for too long. Any negotiated severance packages should be at most six months.

Residency Requirements

Requiring a candidate to live in or close to Ventura limits opportunities. Local applicants may only be able to offer new ideas if they know a little history of what came before. It limits the ability to break from entrenched solutions and historical changes. Making needed changes requires fresh thinking that a local person may not have.

Unsuitable Compensation

Each successive City Manager has received higher salaries and benefits. Higher compensation hasn’t produced better outcomes from the City Manager, though.

The City Council should be critical when determining the salary for the new manager. The current compensation for Ventura’s City Manager may be too high. For example, outgoing City Manager McIntyre received $304,707 to manage a General Fund of $126 million and 600 employees. By contrast, Mike Pettit, Ventura County Assistant County Executive Officer, receives $322,355 to administer a $2.7 billion General Fund and 10,000 employees.

Only an extraordinary candidate with a proven track record would warrant a higher salary. Yet, while compensation expenses are an essential concern, now is not a time to “pinch pennies” for the right hire.

Editors’ Comments

Hiring the next City Manager is paramount. The City Manager is the most influential job in Ventura’s city government. The new manager will be responsible for healing Ventura from back-to-back adversities. Hiring the right candidate will affect Ventura for years to come. There can be no higher priority for the incoming City Council.

The Council should be slow, bold and thoughtful when hiring. They should select a replacement creatively by thinking outside the box. What they do now echoes in eternity.

Tell The City Council Not To Act In Haste When Hiring A City Manager

Below you’ll find the photos of our current City Council. Click on any Councilmember’s photo and you’re email program will ready to 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. No matter what you write, however, share your opinion. Participating in government makes things better because our city government is working for all of us.

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The 5-Year Thomas Fire Anniversary: Still Not Ready for Another Disaster

November 18, 2022/in Newsletters/by VREG Editors

December 4, 2022, marks the fifth anniversary of the Thomas Fire, and many issues are still unresolved. What has the City of Ventura learned since the catastrophe? Are we safer? Are we better off? What has changed because of the fire? Did the city government fulfill its commitment to the victims?

These are difficult but necessary questions to answer. So, let’s look at what transpired after the disaster.

Indeed, it was Ventura Public Safety’s finest hour. Not one person died in the City of Ventura during the fire. Also, Ventura Police and Fire safely evacuated 27,000 people. Truly remarkable.

Yet, what happened next at the city government level undid these extraordinary efforts.

A Brief History Lesson

2017 was not the first time that the hills of Ventura were aflame. On September 26, 1970, the Ventura Hillside caught fire in the precise location where, later, builders developed the Ondulando and Clearpoint subdivisions. Twenty-six years later, the hills erupted in flames behind City Hall near Grant Park on October 26, 1996.

Wildfires are not new, yet two things were different with the Thomas Fire. First, more houses were in the fire’s path; so, the property damage was more significant than in the last two fires. Second, the city government’s response to the disaster varied from the two previous fires.

When it comes to the Thomas Fire, other factors contributed to the destruction of over 500 homes. Failure of the water generators at Ventura Water and the role of Southern California Edison played a part. Insurance companies and the courts will settle these contributing issues. We won’t address them here. Instead, we’ll concentrate on the actions of the City Council and how Ventura delivered services to the victims.

Where We Are On The 5th Anniversary

In 2017, the City Council promised victims the city would do everything possible to return them to their homes quickly. Ventura Community Development Director Jeff Lambert said

“We are looking at least six months before construction can begin. So, if you are planning on rebuilding your home and seeking temporary housing, it would be best to secure a place for at least a year, if not 18 months to 2 years if possible.”

On the fifth anniversary of the Thomas Fire, only 299 families out of 535 have returned to their homes. That’s a mere 55.9% of the victims back home. Another 70 rebuilds are in process, and 39 more are in the plan-checking phase. The owners of the remaining 127 homes may not rebuild for various reasons. They include:

A lack of adequate insurance to pay for the rebuild
The owners moved out of the area
The owners chose to keep the lot vacant until they either sell it or have the funds to rebuild in the future
The owners are searching for an architect or builder to help

All residents should ask themselves, “How can this be?” Is this what the City Council meant by returning victims to normal quickly?

Did Ventura Fail The Victims?

Soon after Ventura Fire extinguished the blaze, concentration on recovery waned. Whatever new “emergency” came before the City Council held their attention. Concentration on the recovery waned. The City Manager lost focus, and the successive City Councils allowed him to be unaccountable.

Focusing on what was immediate (the new issues) rather than the essential needs of the victims rendered homeless had a negative impact. Several examples illustrate how the City Council worked against the rebuilding process.

Inexperienced Leaders For The Thomas Fire Recovery

After the fire, Community Director Jeff Lambert left the city. Unfortunately, several other seasoned Community Development employees left, too. The departures decimated the department most critical to returning victims to their homes.

Community Development was leaderless while Mr. McIntyre sought a replacement. Finally, he settled on Peter Gilli, someone with no prior experience in a similar role. To compensate for Mr. Gilli’s inexperience, Mr. McIntyre layered on another level of bureaucracy. He appointed Assistant City Manager Akbar Alikhan to supervise Mr. Gilli., although Mr. Alikhan didn’t have experience in disaster recovery.

Delaying Thomas Fire Rebuilding Ordinances

The City Council added to the delays as they kept waffling on second-story height restrictions for rebuilding victims’ homes. The Council’s indecisiveness delayed the rebuilding process for many. Councilmembers attempted to please some fire victims wanting to improve their homes and, by doing so, delayed rebuilding for everyone.

Digital Subjugation Through The Permitting Process

To compound the victims’ woes, along came COVID-19 forcing Ventura City Hall to close. As a result, all rebuilding projects moving through the Community Development Department halted while the city scrambled to find a way to keep the government operating.

In a rush, though, mistakes happened. In the most egregious one, over a dozen plans submitted and in process under the old system disappeared when the city moved to the new online system. Weeks later, Community Development corrected the mistake, but the error further delayed the homeowners involved.

Under the new system, the only acceptable inquiries about the status of projects were by email. The system provides an email acknowledging the receipt of the plans upon submission. Yet, there is no way to track a project until a “reviewer” accepts that project into the system. A project is only recognized in the system after someone assigns it to a reviewer. Depending on how long it takes to choose a reviewer, the plans could languish for days. As a result, the system delayed many applications in the early days.

Revelations At The Thomas Fire Situation Review

The City Council reviewed what happened during and since the fire two years later.

The presenters brought to light several disturbing facts during the report. Chief among them is that Ventura is no better prepared today for a natural disaster than in 2017.

Ventura Fire Chief David Endaya said, “Ventura Fire is better prepared to clean up after a wildfire moves through.” And VFD is ill-equipped to fight such a wildfire, he said.

What was seriously lacking and not treated in the report to the City Council was how the city:

Liaises with the County, State and Federal governments during a crisis
Coordinates disaster relief
Councilmembers are visible, and the steps they take to lead
Evacuates citizens from disaster areas more effectively
Communicates with the public (both providing warning and information)
Handles mass care and shelter

Editors Comments

On the fifth anniversary of the Thomas Fire, Ventura residents still need a clear picture of how the city will perform in the next disaster. Furthermore, citizens have learned that Ventura City Hall is indifferent to returning them to normal.

The lessons the Thomas Fire taught are clear five years on. First, you can rely on only limited help from Ventura Fire and Police. They will do their best, but they have limited resources.

Second, you shouldn’t believe the city government when they say they will help. As we saw with the Thomas Fire, the city government may impede the recovery rather than improve it. The last five years reveal flawed systems, inexperienced people in crucial roles and a lack of follow-up and attention to detail.

Third, three successive City Councils made promises to the victims. Yet, each failed to follow through on the commitments—exhibiting a lack of attention to detail. Moreover, today’s Council still needs to establish whether the city has improved its readiness in the six vital areas listed above.

Fourth, there were other sources of delay besides the city government. Citizens also contributed to the slow recovery. Some homes were underinsured. Other homeowners expanded their homes’ footprint, adding time to the process.

Finally, the bottom line is that government cannot solve all our problems. Nor should we expect that.

Ventura will have another disaster in the coming years. It may be another wildfire, an earthquake, an act of terrorism, or something we can’t yet imagine, but there will be one. As a resident, you deserve to know if the city is well prepared.

Ask your Councilmember For Answers to the Shortcomings That Surfaced During the Thomas Fire

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Ventura’s 2021 State-of-the-City Address Lacked Visionary Leadership

August 10, 2021/in Newsletters/by VREG Editors

“Effective leadership is not about making speeches or being liked; leadership is defined by results not attributes.”

—Peter Drucker

Ventura Mayor Sofia Rubalcava presented the 2021 State-of-the-City Address (SOTC) in June. Unfortunately, over time, the City Council has lost sight of the purpose of a State of the City address. The speech should aim to praise accomplishments when deserved but not ignore major problems where improvement is needed.

For Mayor Rubalcava, who has only been in public office for three years, her address avoided the topics of the challenges, did not give a sense of vision for the future, or reset the city’s goals as her recent predecessors attempted to do in their speeches.

To many Venturans, a State of the City is a formality—a feel-good report—to make everyone comfortable and have pride in their ‘fair city.’ To others, it is an opportunity to celebrate accomplishments, reset goals and provide a vision for Ventura’s future. However, what the residents need is a candid assessment of how the city will combat its challenges.

What Was Missing in This Year’s State-of-the-City Address

The mayor’s address didn’t mention the city’s critical issues. For example, Ventura has a precarious financial situation, as ranked in the State Auditor’s Report. Mayor Rubalcava ignored it. In addition, she never communicated any vision for how the city could be doing better with the Thomas Fire rebuild, the burden of pensions on the Ventura, the needed street repairs, the growing homelessness on city streets, or economic development. What a missed opportunity.

What We’ve Heard Before

Mayor Rubalcava began by saying, “The city is re-imagining the delivery of city services.” Regrettably, the only thing she discussed was implementing the Matrix Report, something her predecessor, Mayor LaVere, mentioned in last year’s address. Madam Mayor explained the backlogs and gaps in service but glossed over how much of the Matrix Report the city has implemented. Staff reports indicated that the city staff planned to implement 50% of the Matrix Report by June 30, 2021, but they did not meet that goal.

In 2020, the city implanted a program named Main Street Moves to allow businesses hurt by the pandemic shutdown to serve limited customers outdoors. Forty-seven businesses applied for outside operating permits under the program. Mayor Rubalcava gave an update on business operating permits. By June 2021, the number of companies requesting outside operating permits was 51. Most of the credit for those accomplishments belongs to those implementing them in the prior year.

Mayor Rubalcava lauded The Trade Desk’s multi-million-dollar remodeling of the fourth and fifth floors of 505 Poli—improvements completed in 2020 during Mayor LaVere’s term and mentioned in his 2020 address. Yet, the tenant improvements were not a city accomplishment. The city only leased space to The Trade Desk. The Trade Desk made the needed changes to suit their needs. Mentioning leasing the fourth and fifth floors of 505 Poli attempts to gloss over the Brooks Institute debacle. Leasing the space to the photography school revealed poor management by the Council and the City Manager’s office. A poor decision six years ago cost the community hundreds of thousands of dollars.

The lack of new information is unfortunate because the casual observer believes that the city accomplished very little in 2020-2021.

A Major Undertaking Mentioned in the 2021 State-of-the-City Address

One key point the mayor did make was that the 2021 General Plan update is underway. The updated plan will replace the 2005 General Plan that the city has been using. A 22-member committee is selected and ready to begin work recalibrating the city’s vision for the next 15 years.

Staking Our Vision on a New General Plan

The 2005 General Plan said, “…today in Ventura, as all across America, there is concern about the health of our democracy.

“Over those years, the ability to build consensus about future development has been undermined by sharply polarized divisions, showdowns at the ballot box, and often rancorous public hearings. The complaint often recurs that planning decisions are made without adequate notice or consideration of the views of those affected. Many citizens criticize the City decision-making process as convoluted and counterproductive.”

No one would blame you for thinking our city leaders expressed that vision in 2021, but they didn’t. Yet, the statement was the preamble to Ventura’s 2005 General Plan. The planners faced these conditions in 2005. Not much has changed. In fact, it’s worse.

Sixteen years later, we’re updating the General Plan because the state dictates we do it, yet the same problems persist. What’s more, we have new issues to address, such as recovering from the Thomas Fire and the COVID-19 Pandemic, shaky city finances, repairing our aging infrastructure, water, street repair, economic development and homelessness. Significant challenges, such as these, require visionary leadership.

Unrealistic To Plan 15 Years into the Future

Long-range planning like this is a fool’s errand. Nobody can look in the future to see what Ventura will need, let alone look 10-15 years in the future. It’s harder still for a 22-person committee. What committee could have predicted the Thomas Fire, the pandemic, Anthony Mele’s murder, and the business shut?

Even though long-range planning is nearly impossible, California instructs Ventura to update its General Plan periodically.

One Final Thought on The 2021 State-of-the-City Address: Majoring In Minors

Mayor Rubalcava spent a good portion of her address describing Ventura Police and Hate Crimes. Several things about that were troublesome. First and foremost, she spent all that time talking about four instances in 2020. While hate crimes have received a great deal of national publicity, four out of 6,500 crimes locally in 2020 is a minuscule number of cases to be singled out and dramatized.

Second, when one goes to the Ventura Police site, something there is listed as a “Hate Incident.” It’s a non-crime where someone is demeaned or perceives someone demeans them. Dealing with perception appears to be an unenforceable situation for the police. Furthermore, if the police base the Hate Incident on perceived hate, who is the arbiter of that? Where does free speech end and the hate incident begin? Yet, this seems to be a feckless attempt at posturing to make Ventura appear that it’s in line with the national zeitgeist. Unnecessary, and it detracts from policing the other severe crimes in the city.

Who on the City Council or in the police force considered the costs of implementing the new program? It’s hard to imagine the added bureaucracy and reporting will outweigh the benefit of enforcing the hate incidents.

With so much attention focused on a few hate crimes, it diverted City Council attention from other critical issues like water, pensions, Ventura Fire Department, the fissure between management and staff at City Hall and the homeless.

Editors Comments

An opportunity exists for the City Council to demonstrate genuine leadership. The results of the last two elections have delivered an unprecedented turnover of all the Councilmembers quickly. The voters expressed their desire for new leaders. Can these new members do something different from the past Councils?

Currently, any direction the city has seems to be haphazard. We see examples of a lack of leadership in a variety of places. Whether it’s a “phone-it-in” State-of-the-City Address, an anemic refreshing of the General Plan, or fretting over a negligible number of hate crimes, it shows the city leaders bounce from one topic to another without regard to the city’s long-term well-being. Voters should not accept this anymore.

Mayor Neal Andrews got it right in his 2018 State-of-the-City Address when he said, “We [Ventura] are no longer a quaint little beach town. We’re among the top 10% of the largest cities in California.” He recognized a truth many of us have known for years. Ventura has urban issues, and we can’t solve urban problems with provincial solutions. We need fresh thinking.

Tell the Council to Tackle the Real Problems that Need Addressing In the General Plan.

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How to improve the Permit Services Department in Ventura

How The Permit Services Department Can Improve Building Code Enforcement

June 21, 2021/in Newsletters/by VREG Editors

“When government fears the people, there is liberty. When the people fear the government, there is tyranny.”

—Thomas Jefferson

It’s true what they say, “The more things change, the more they stay the same.” At least, that’s the case within Ventura Permit Services Department.

Nine years after the Ventura Grand Jury ruled that Ventura’s Code Enforcement Division was too aggressive, change has been slow in the Permit Services Department. So much so that during the 2020 City Council elections, three candidates ran on platforms to improve the department’s behavior. Now the City of Ventura believes that things will get better if it follows the consultant’s report titled the Matrix Report. However, those changes don’t go far enough. There needs to be a change in the philosophy within the department to make meaningful changes.

How Residents Interact With The Permit Services Department

One way to get involved in Ventura’s code enforcement is through the building and safety portion of the Permit Services Department. When a property owner applies for a building permit to perform some work to build or make home improvements, plans are required, and once a property owner starts the process, complications and delays begin.

For simple tasks, the owner pays a scheduled fee and the city issues a permit. An example of an easy job is replacing a water heater. After installing the heater, the property owner calls for an inspector.

A second way that owners can enter the system is through the involuntary Code Enforcement branch of Permit Services. In this scenario, someone complains about what the property owner is doing and calls City Hall and a code enforcement officer arrives on the scene to investigate the complaint.

The Process Breaks Down

It was clear to residents that a problem existed in 2012. Camille Harris, a concerned citizen, presented solutions to the city’s unfair code enforcement practices on CAPS TV. The feeling among residents was to avoid the building process as much as possible.

The 2011-2012 Ventura County Grand Jury opened an inquiry into the City of Ventura and its Code Enforcement Department’s practices and fee policies. At the time, many citizens complained of aggressive enforcement actions, verbal threats from code enforcement officers, unauthorized searches, threatening documents, preferential treatment, and an unfair appellate system. The Grand Jury condemned these code enforcement practices.

Changes within Ventura Code Enforcement Since 2012

The consultants made several recommendations in the Matrix Report. Click here for a complete listing of the changes.

Structurally, personnel and the department have changed. The Planning Department is now the Permit Services Department. Jonathan Wood is the Permits and Enforcement manager, and he oversees both permit issuance and code enforcement. Mr. Wood reports to Peter Gilli, the Community Development Director. In turn, Mr. Gilli answers to Akbar Alikhan, the Assistant City Manager. (see the Organization Chart)

What Hasn’t Changed With Ventura Permit Services

By the end of June, the city will have completed 50% of the recommendations in the Matrix Report. Despite that, several things remain troublesome within Code Enforcement and Permit Services.

To residents, Code Enforcement and Permit Services appear to be punitive. For 40 years, department managers have said, “We work with people to make it user-friendly.” However, that statement is no more than ‘lip service.’ In reality, inspectors act as if they were police officers. They flash an official badge and demand entry, or they will get a warrant—the same behavior listed in the Grand Jury report. Several property owners told us disturbing stories. In some instances, one or more code enforcement inspectors arrive on-site uninvited. They videotape the scene and then write the property owners up.
Code enforcement employees defend their actions by saying they are looking out for everyone’s safety by enforcing state building codes. They didn’t create the regulations; they enforce them—the Nüremberg defense.

When asked about judgment on the job, Mr. Wood puts it this way. “If there are areas with no life safety concerns that we can refer to the spirit of the law through common sense and judgment, we will.” Yet, we heard stories to the contrary. Property owners told us about inspectors that enter older buildings. They try to apply current building standards to them instead of researching the building standards at the time of construction.

It’s Not Easy To Protest

Protesting an accusation is difficult, time-consuming and frustrating. Once Code Enforcement receives a complaint, they assume the property owner is guilty until proven innocent. This mindset is contrary to the legal system in our country.

Inviting New Problems Into Your Home

Permit Services still uses intimidation as a weapon. For example, the property owner calls for an inspection after installing a water heater replacement. The inspector arrives to make sure the water heater is hooked up correctly, the gas connection is correct, and the heater is strapped for earthquake protection. While there, the inspector looks for other building issues such as electrical, gas, venting, unpermitted structures, and more. If they see something, then off it goes to Code Enforcement. The homeowner soon receives a letter demanding corrections and threatening penalties unless the property owner makes changes within a limited time.

Permit Services Turns Neighbor Against Neighbor

Complaints drive almost all the code enforcement investigations. Reacting to accusations leaves little time for inspectors to discover infractions on their own.

Code Enforcement now forbids anonymous complainers. Anonymous informants were a source of irritation to property owners in the past. Yet, even if the informant identifies himself, it doesn’t prevent mischievous acts. One individual complained about a downtown business. It turns out the complainer owned a competing company and didn’t want his competitor to get an advantage.

Fear of Retaliation and Horror Stories

We heard many horror stories researching this topic, yet we cannot write about them because the property owners feared retribution or retaliation. Inciting fear seems contrary to creating a cooperative environment to improve the city. One theme was universal among the people we interviewed. No one sees a change in the mentality in Permit Services.

The Building and Planning Process Gets Longer

In the recent past, it took about 90 days to get a construction permit in Ventura. Today, it could take years. One contractor put it this way, “Ventura takes homeowner’s dreams and crushes them.”

More Promises of Change in Permit Services

Changes are happening, but will they be enough? Two examples in 2020 illustrate some possible deficiencies.

First, the Matrix Report recommends that the city digitize its planning and permitting processes.

When COVID-19 hit, the city accelerated the conversion to digital. With change come problems. There was a two-month period when the system misplaced plans. Residents might tolerate hiccups during the conversion under normal circumstances. But this delay affected homeowners rebuilding after the Thomas Fire. The City Council promised the victims a speedy return to their homes. This delay was contrary to the Council’s stated intent.

Second, the city decided to streamline the communication process with Permit Services. The idea was to limit the points of contact to the department. For example, there is now only one telephone number and one email address to reach Permit Services. City managers thought a single point of contact would make communicating more straightforward. Yet, it has had the opposite effect.

Triaging the incoming communication can be slow. Then, when assigning the case to a caseworker, they will have to rank the request based on their workload. To anyone outside the department, the situation is not transparent. The name and contact information for the caseworker isn’t known until that person contacts the property owner. There are also times when a case isn’t assigned immediately, and it sits in limbo. With only one phone number or email, it’s impossible to follow up.

Editors Comments

Nine years ago, the Ventura Grand Jury recommended changes in Ventura’s Permit Services Department. Today, the city is making changes slowly. Unfortunately, stifling regulations, protracted processes and fees provide property owners no compelling reason to improve their properties. Little wonder that property owners are skeptical if any lasting change will happen at all. As a result, development in the city has been slow and difficult. Some victims of the Thomas Fire still are not returned to their rebuilt homes. That is unforgivable.

The city is implementing the Matrix Report. Yet, according to the timetable, the implementation will be 50% complete at best at the end of June 2021. And nothing in the Matrix report addresses the core problem: the attitude within the department.

The current philosophy in Permit Services is that the employees are there to enforce the rules—like the police force. Enforcement officers and inspectors carry badges and threaten penalties and fines as if they were the police. Nothing in the current process encourages the property owners to want to get permits and to have a qualified inspector look at what they are planning to do. That’s a shame.

If the department changed their attitudes ever so slightly to work with people and make the permitting and building process user-friendly, citizens wouldn’t fear working with Permit Services.

Seriously Consider Another Option

Some residents have suggested a citizen’s board or commission to oversee Permit Services. This idea would only create another bureaucratic and ‘toothless’ political group that the city staff will marginalize.

Any Board or Commission still does not alleviate the fear of retaliation. There must be anonymity. The city needs an independent body, not controlled by the City Council, but with some ‘enforcement power.’ The details of such a body are not precise, but there is a model of an independent body called the ‘Long-Term-Care Ombudsmen program’ that creators can emulate and modify. Property owners could appeal to a state agency in case of a dispute. A single hearing could rectify abuses and award punitive damages.

Now is the time to act before the city loses focus on making the needed changes to Permit Services.

Demand The City Council Makes Meaningful Changes To The Permit Services Department

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Important Trends You Should Look For In The COVID-19 Recovery

April 28, 2020/in Newsletters/by VREG Editors

“Wealth Is The Ability To Fully Experience Life.”

—Henry David Thoreau

We’re living through unprecedented times. No one knows how events will develop as we emerge from the COVID-19 crisis. Yet there are specific unmistakable trends to watch. We want you to be aware of the trends and to look out for the critical choices that will shape our future.

Now is the time to support our elected officials as they negotiate the COVID-19 epidemic. The time will come soon when the quality of their decisions will affect how much pain and sacrifice Ventura residents must bear. As a community, we’ve shown that we are resilient and generous. The Thomas Fire is a recent example. The impact of the Thomas Fire could pale in comparison to the coronavirus pandemic fallout.

Lost Sales Tax Revenue From COVID-19

The City of Ventura relies on income from two primary sources: property tax and sales tax.

Property tax revenue is constant and predictable. Yet, the Ventura City Council has little control over property taxes.

Sales taxes will be severely impacted by the COVID 19 pandemic, and Measure O depends on sales tax revenue. Sales tax revenue has already plummeted. The auto dealers, the casino, the Pacific View Mall and restaurants aren’t generating the taxes the city expected. They are the city’s most significant contributors to sales taxes. To make matters worse, the transit occupancy tax (TOT, or bed tax) has been non-existent for the past six weeks. With no date set to reopen businesses, the losses will continue to mount.

How will Ventura make up the difference in sales taxes? Consumers are reeling from the loss of jobs, reduced hours, and volatility in the stock market. State unemployment benefits will help some. It’s notable, though, the Unemployment Insurance Fund (UIF) has limited reserves, which will deplete quickly.

Furthermore, many businesses closed by the shelter-in-place order will not open. Those with large amounts of debt are most at risk. Don’t be surprised by some of the large businesses that fail in addition to the smaller, Mom-and-Pop establishments that will inevitably close—resulting in even more job losses.

Solutions Will Require Creativity

With the two primary sources of income for the City of Ventura in serious jeopardy, and the City Council has little control over either. Finding a solution will require ingenuity.

With no chance to increase income, the only option available is to reduce expenses for the city. Before COVID-19, the city faced a $4.1million annual deficit for the 2020-2021 fiscal year. After the business disruption from the epidemic, the $4.1 million deficit will be a welcome alternative to what is likely to happen.

City Major Expenses

The most considerable expense for any city is payroll—including benefits and retirement. The salaries, benefits and pensions are all controlled by labor contracts. In fact, because of the COVID 19 pandemic, these costs will likely blow up. The Ventura City Council’s control of this expense is limited to reducing staffing levels. Here are examples that the City Council is considering. See page 6.

CalPERS Damaged By The COVID-19 Pandemic

Before the start of 2020, CalPERS required Ventura to pay an additional $2 million above the $16 million it pays typically. Even though the economy experienced a decade-long economic boom, CalPERS is only 70% funded. The drop in the stock market following the COVID-19 panic hurt CalPERS’ investment portfolio even more. By October, the $2 million additional CalPERS requires Ventura to pay may be considerably higher.

Editor’s Comments

The City Council will be in the troublesome position of making significant, painful decisions to cope with the fallout. Payroll is the only controllable, significant expense that this Council can alter. While a hiring freeze is likely, it will have limited immediate effect.

There are other costs the Council can influence. It’s time the City Council scrutinizes all the cost of services to consider less costly options. Those services can be General Fund items like fire and police, or they can be other operational items like water.

In fact, water directly impacts every household. The rates water users pay are approved by the City Council, even though Ventura Water operates outside of the General Fund.

Any increase to cost of water will be damaging financially to many families already burdened by the economic shutdown.

Lost sales tax revenue, steady property taxes, and an out-of-control, bloated retirement plan are out of the Council’s control. We hope they will focus on the things they can control and rein in expenses to avoid more extensive economic pain for the city and its citizens.

Tell City Council You’re Concerned, Want to be Informed, and Are Watching the Process.

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This Is Why The Decade Of The 2010s Is Important

December 24, 2019/in Newsletters/by VREG Editors

“Do not suffer your good nature…to say yes when you ought to say no.”

—George Washington

As the 21^st century teeters between the 2010s and the 2020s, it’s a perfect time to take stock of an eventful decade. Over the last ten years, several key events changed Ventura forever. Let’s look at what happened and the effect these incidents had.

How We’ll Remember The 2010s

We’ll remember the 2010s as a decade that began with the city struggling to get out of a recession, followed by ten years of decisions made with good intentions gone wrong. Bureaucrats and politicians pushed their agendas on the city. And like Sisyphus pushing the boulder up the hill, we kept falling backward.

It’s remarkable that the city accomplished anything in the 2010s. We had three City Managers and three Interim City Managers. No one person was in the role for more than three years. Turnover created a leadership vacuum that minimized any chance for meaningful change.

Key Events In The Decade Of The 2010s

The 2010s started as “business as usual.” Then the Thomas Fire happened. Citizens quickly became interested in how the Ventura would handle two issues: public safety during and after the fire, and rebuilding. After twelve months of intense interest, citizens have returned to “business as usual.”

Here are the key events of the decade: the Thomas Fire, December 2017; the Wishtoyo Consent Decree, 2012; Pension Inflation, 2010-2019; Homelessness, 2010-2019; the Anthony Mele, Jr. murder, April 2018; Brooks Institute’s failure, 2016; the WAV Building, 2012; Ventura’s Grand Jury Finding against Ventura’s building & safety inspectors, 2013; and district elections. Let’s look at what happened in each case and how it affects you.

The Thomas Fire

The biggest misfortune in Ventura’s history was the Thomas Fire, which began on December 4, 2017. The fire destroyed 535 structures in the city, displacing hundreds of residents and impacting everyone’s lives.

During the fire, Ventura’s public safety performed admirably. Despite the widespread devastation, police and fire protected the lives of everyone living in the city. Evacuations were orderly, albeit slow. There were many stories of heroic efforts by police and fire going beyond the call of duty.

Other aspects of the city’s performance didn’t go so well. Several groups pilloried Ventura Water for inadequate water supply to fire hydrants in the affected areas. An investigation is on-going. So are lawsuits.

The City Council added to the misery of the victims in an example of good intentions gone bad. The Council waffled on second-story height restrictions for rebuilding victims’ homes. Indecisiveness delayed the rebuilding process for many. They attempted to please fire victims wanting to improve their homes and doing so delayed rebuilding for everyone.

After two years, only 80 families have returned to their rebuilt homes.

The Wishtoyo Consent Decree

The Consent Decree stems from a federal complaint filed by Whistoya Foundation [WISHTOYA VS. CITY OF SAN BUENAVENTURA, CASE NO. CV 10-02072]. The Consent Decree requires Ventura to stop putting 100% of its treated wastewater into the Santa Clara River estuary. The city must divert a percentage of the 7.5 million gallons-per-day starting in 2025. The balance must be redirected by 2030. That decree is silent on how and where Ventura diverts the wastewater.

Ventura Water seized the opportunity to make the city the first to use recycled wastewater for drinking. Ventura Water calls the project VenturaWaterPure. No cities in the world have used recycled water except Windhoek, Namibia and a small town in Texas. Neither place had other water options.

Ventura Water has confused the City Council by combining two different ideas to falsely heighten the urgency to drink wastewater.

VenturaWaterPure will cost $1 billion over 30 years. That’s a considerable sum of money for the community to absorb. Expect your water bill to double to pay for VenturaWaterPure’s infrastructure alone. Remember, water costs already went up by $220 million with water and wastewater increases in 2012-13.

The Wishtoyo Consent Decree is a fiscal calamity for the city. More cost-effective options exist, but the City Council and Ventura Water fail to consider them. Times change. Circumstances change. Now is the time to reconsider options to be sure we’re making the best choice available.

Pension Inflation Throughout The 2010s

Retirement pensions are the city’s number one problem. Ventura currently has a $215.1 million unfunded pension liability, and that number continues to grow. CalPERS (the California Public Employees retirement fund) demands rapidly increasing contributions from Ventura. We will have permanent increases of at least $2 million per year for five to six consecutive years.

We respect the work city employees do. There is no denying that fire and police preform a vital job that is both dangerous and requires a high level of training and responsibility. Our concern is not about their work. It’s about the structure by which their retirement is accumulated and paid after retirement.

It is undeniable that city employees’ retirement pensions are crowding out the city’s ability to provide the service itself. Moreover, chronic underfunding of pensions will eventually hit a breaking point jeopardizing the employees’ benefits too. Expect your taxes to increase (á la Measure O) and the services the city provides to decrease.

Homelessness In Ventura In The 2010s

You may remember Dwight D. Eisenhower’s Farewell Speech when he described the Military-Industrial Complex. Now, we have something new, the Homelessness-Industrial Complex. Today’s Homelessness-Industrial Complex shares some of the same characteristics as the Military-Industrial Complex. There is an alliance of special interests. It includes government bureaucracies, homeless advocacy groups operating through nonprofit entities, and large government contractors, especially construction companies and land development firms.

Here’s how the process works: Developers accept public money to build projects to house the homeless – either “bridge housing,” or “permanent supportive housing.” Cities and counties collect building fees and hire bureaucrats for oversight. The projects are then handed off to nonprofits with long term contracts to run them.

Sounds good, right? That is until you see the price tag. Developers don’t just build housing projects; they construct ridiculously overpriced, overbuilt housing projects. (Keep in mind Ventura’s permitting fees and stringent building codes). Cities and counties create massive bureaucracies. The nonprofits don’t just run these projects; they operate vast bureaucratic empires. These fiefdoms have overhead, marketing budgets, and executive salaries that do nothing for the homeless. They do not overpay the workers in the shelter.

Set Up For Failure

Ventura selected Mercy House from Orange County to run its homeless shelter. Larry Haynes, Marcy House’s president, said in a speech in Ventura, “Housing is, ‘An inalienable right.’”

Mr. Haynes believes a cornerstone to Mercy House’s success in Ventura depends on developing affordable housing. Herein lies the rub. If Ventura doesn’t build affordable housing, how does that impact Mercy House’s performance? Affordable housing isn’t something Ventura has been able to do historically. “It makes it harder,” he said.

The City of Ventura has 555 homeless people. Of those, 387 are unsheltered. The Homeless Shelter will house 55 people from Ventura, leaving 332 people vulnerable.

Ventura will spend $712,000 each year for its 55 beds in the new homeless shelter. That equates to $12,945 per bed per year. And if what Mr. Haynes says is true, expect the city to pay more and more on homelessness and less on other services.

Anthony Mele, Jr. Murder

Jamal Jackson stabbed Anthony Mele, Jr. to death on Ventura’s Promenade in April 2018, thrusting the city into the national news.

Jackson was a repeat offender and was homeless. Many citizens jumbled his criminal act and his impoverished state. Of Ventura’s 555 homeless, 85 (32.7%) have mental health problems, and 93 (35.8%) have substance abuse problems.

The crime prompted an immediate reaction by Ventura Police. First, patrols along the promenade increased. At first, two officers patrolled the boardwalk 20 hours per day. Shortly after that, police expanded the patrol radius to include downtown. In July 2018, the City Council approved funds to continue the patrols. Now two officers patrol 12 hours per day. Arrest data increased since the incident. Ventura Police still deal with a significant number of recidivist criminal homeless.

Following the incident, the Police department reviewed its procedures. Chief Ken Corney admitted poor judgment. Substituting video monitoring for an officer responding was not the right choice.

Since then, there have been changes to the security camera monitoring. The changes include:

Extra cameras, active surveillance, more training, changes in monitoring policy, and re-prioritization of Calls for Service response. The review also concluded that the police adequately prioritized the call when it came in.

Public outcry diminished, but the problem of criminal vagrancy continues beyond the 2010s.

Real Estate Blunders Throughout The 2010s

The city mismanages taxpayer money on real estate deal routinely. In the past decade, there have been several notable instances: Brooks Institute, the WAV Building, the Harbor Church and the city parking garage. In each case, the mistakes have cost taxpayers’ money.

Brooks Institute

With Brooks Institute, the City Council believed relocating the school downtown would benefit the city. The City Council’s good intention went wrong. Brooks Institute was financially insolvent. It pulled out of town contractors and the city money.

The folks at City Hall tried 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 six months of their lease. Nor does it account for the future lost rents and property damages. By our best estimate, the city lost well over $261,000 in this settlement.

The WAV Building

Ventura completed construction on the WAV (Working Artists of Ventura) Building at the beginning of the decade. The building included 82 low income and subsidized housing units, commercial spaces and 13 condos for sale at market rate.

What did the WAV Building cost? $55 million according to the city. That figure is too low, however. It doesn’t consider the cost of the 1.7 acres of city-owned property Ventura sold to the developer for $1. It also doesn’t include the $1.5 million in deferred permit fees. A reasonable estimate put this at $65 million.

The city acquired tax money from many sources to pay for construction, but it was not enough. Then city officials did something devious to finance completing construction. They took $1 million from the Ventura Water funds, transferred it to the Public Art Fund, then loaned the money to the project. Even worse, the city subordinated the loan to a $4.5 million mortgage from Chase. Selling the 13 condos for between $725,000 to $850,000 each would repay the city’s inter-department loan.

The concept flopped. The condos finally sold in 2018 for a fraction of what the city hoped to get. Buyers paid $413,000-$470,000 for the units. Once the sale completed, the mortgage holder, Chase, was repaid both principal and interest. Ventura Water was left holding the bag, however, for the $1 million “loaned” to the city. The city received only $105,893 from the sale of the condos after paying the Construction Loan, sales commissions, sales expenses, the City Deferred Impact Fee Loan and the developer.

What’s more, the city loaned $2 million to the Regional Development Agency (RDA) to build the WAV project. The city expected to be repaid $1 million before the California Assembly eliminated RDAs statewide. Ventura wrote off $1 million when the RDA disappeared. Ventura is pursuing the outstanding principal and interest through the Recognized Obligation Payment Schedule (ROPS), but has received nothing so far.

All totaled, Ventura lost $1,894,107 on the sale of the condos.

Former Mayor Bill Fulton projected the project would “produce 25,000 visitors a year and would stimulate the local economy, resulting in $75,000,000 in new investments.” He also said the city used no local tax dollars to build the WAV Building.

The reality is that most of the money came from Federal and State taxes. But the funds noted above came from the city, plus another $334,176 to offset various construction fees.

As for the $75 million in new investment, we will never know because the estimator, Bill Fulton, left town.

At the time, we noted our elected representatives lack the understanding, the capacity to ask the more profound questions or political will to stop these types of actions.

Harbor Church

The city paid church officials $2.3 million to buy the Harbor Church property in 2016. City Hall and Harbor Church agreed the value of both the land and the church building was $1.6 million. The actual sales price included an extra $700,000 to pay the Church to move. By any measure, Ventura overpaid for the property.

Downtown Parking Garage

And there was a mistake with the city parking garage—the city grants private, reserved parking spaces to select businesses downtown as an incentive to operate. The city approved ten parking spaces to entice Cinemark Theaters to remain downtown. The trouble was when Lure Restaurant opened at 66 California, and the city staff provided them the same ten spots. This may not seem like a big blunder, but it shows that the city is inept at managing real estate, or the staff lacks good leadership to make sure mistakes don’t occur.

We’ve believed the city should get out of the real estate business throughout the 2010s. The litany of poor decisions grows. Ventura owns commercial real estate throughout the city. As these examples demonstrate, the city has not made responsible decisions regarding these properties. At the very least, the city should seek advice from licensed realtors and experts whenever making a real estate decision.

Grand Jury Finding

The 2011-2012 Ventura County Grand Jury opened an inquiry and issued a report condemning the City of Ventura’s Code Enforcement practices. The report addresses the aggressive collection of fees by Code Enforcement, motivated by the need to raise more revenue.

City government and Code Enforcement officers serve a valuable and essential service to our community until they start acting like bullies with their use of force, intimidation, abuse of power and excessive punishment of the citizenry.

At the time, the city’s response to this report demonstrated their lack of understanding or constituted a brazen and irresponsible attempt to obfuscate the truth when they dismissed the report as vague. It was not.

For much of the 2010s, citizens overlooked or forgot the Grand Jury’s report until we had the Thomas Fire. Suddenly, city permitting and inspection of new buildings was of paramount importance. Sadly, stories from the fire’s victims indicate nothing has changed at City Hall.

District Elections

For the first time in Ventura’s history, voting districts divide the city. The districting forced Mayor Neal Andrews and Councilmember Mike Tracy to retire. Councilmember Jim Monahan decided to retire after forty years of service. New Councilmembers are bringing fresh perspective and energy to the Council. They also are facing a steep learning curve to be effective.

Governing by districts means inexperienced new Councilmembers will lead the city. Inexperience leads to two possible outcomes. First, existing Councilmembers and city staff may marginalize them until they gain experience and knowledge. Second, the new City Manager and the city staff may take more control without voter accountability. Neither of these is good.

Citizens will now expect their elected officials to represent their district’s interests. As a result, concern for the city as a whole may take a backseat to districtwide issues. The loss of a citywide perspective on the Council is distressing.

Nowhere was this more evident than in the first forum for District 1 candidates. Citizens expressed concern for a Westside pool, learning how governing by districts will work, affordable housing and labor force opportunities. Very few of these issues aligned with what the outgoing City Councilmembers thought was most important: 1) growth 2) water 3) homelessness and 4) staff accountability.

Editor’s Comments

We will remember the 2010s as one of the most significant decades in Ventura’s history. It was a decade that saw our city leaders allow uninformed good intentions to overrule good governing. As a result, the city finds itself with budget deficits for the next five years. This is due, in part, to a growing pension debt obligation. The city is poised to pass along the most substantial rate increase for water in its history. The money the city spends on homelessness will grow. So, it shouldn’t come as a surprise that the city will have to raise taxes, cut services or a combination of the two.

The groundwork laid by city leaders in the 2010s provides a shaky foundation for the 2020s. The specter of higher taxes and reduced city services looms. Several things must happen to overcome the city’s current situation.

First, The City Council must have a cohesive, long-term vision. That vision must focus on the fundamentals of governing: public safety, maintained streets, safe neighborhoods, clean, affordable water, and business growth. In the early 2010s, the Council had a vision, but it didn’t concentrate on the fundamentals. As a result, the Council left the city with the Wishtoyo Consent Decree and the WAV Building. From 2013 on, the Council was divided and lacked any vision. The landmark accomplishment of those Councils was to push the Measure O sales tax increase. Yet, if you ask ordinary citizens how the extra money helps them, they’d be hard-pressed to answer.

Second, Ventura must retain a City Manager for more than three years. The City Manager leads the city staff to fulfill the City Council’s vision. Constant turnover disrupts that vision. A City Manager needs time to build a team and get them performing at a high level. We hope our current City Manager, Alex McIntyre, will have the opportunity to show the city what he’s capable of doing.

Third, voters must get involved. District voting means every vote is more important than it’s ever been. Your vote is one in 15,000 potential voters in your district. Your ballot carries more value than it did when we had citywide elections and your vote was one of 64,976. If the city is to overcome the current obstacles, we can’t have districts in which only 3,781 voters cast ballots.

Tell City Council, “Don’t Repeat The Mistakes Of The 2010s.”

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Are You Really Content To Drink Sewage When You Don’t Have To?

March 26, 2019/in Newsletters/by VREG Editors

“If you can’t convince ’em, confuse ’em. It’s an old political trick.”

—Harry S. Truman

Before discussing water issues in Ventura, we must first dispel a myth. The City of Ventura has plenty of water. We have almost ten times the water we need annually in reserves. So, the City of Ventura’s insistence to conserve drinking water because we don’t have enough is untrue. There are many good reasons to save, but not having enough drinking water is not one of them.

Between Foster and Mound Basins alone, there are 141,600 to 184,600 AF of water. Assuming there is zero replenishing of groundwater—and not counting on our other water resources from Casitas, Santa Paula, Oxnard Basin or State Water (a combined amount of 12,072 AF more per year)—Ventura has almost ten times the water it needs annually in reserves.

Historically, Ventura has used an average of 21,000 acre-feet of drinkable water per year. This figure has been steady over the past 30 years. With conservation and reduced consumption, Venturan’s have managed to reduce our water usage to 15,000 acre-feet per year. So, regardless of doom and gloom declarations issued by the State of California, or what Ventura Water tells us, Ventura has enough water. (See Notes On Water Availability below for additional information).

THE REAL ISSUE

Ventura’s real problem is a legal Consent Decree, agreed to by the Ventura City Council in 2012. That Consent Decree mandates that Ventura must stop dumping treated sewage* into the Santa Clara River. The amount of sewage to be diverted will be as high as 90% (about 4,685 AF per year) according to one panel of experts, leaving the remaining 10% to be treated and left in the estuary for fish and wildlife.

*Ventura Water calls sewage wastewater, effluent, or tertiary treated flows among other names.

SO HOW DID WE MAKE THIS ABOUT DRINKING WATER?

To comply with the Consent Decree, Ventura Water conceived that Ventura would inject this treated sewage directly into our water system, thus began VenturaWaterPure. For six years City leaders led citizens to believe Ventura has no choice but to move full speed ahead and accept the use of sewage using Direct Potable Reuse (DPR), but a primary reason for DPR was “because we need the water.” Few citizens knew about the underlying problem to comply with the 2012 Consent Decree. With that false justification of needing more drinkable water, the City committed to spending over $500,000,000 for DPR to abide by the Consent Decree.

DPR IS NOT APPROVED OR SAFE

Costing over $500,000,000 is not the only issue. The more significant issue is that the City Council assumed DPR water was safe to drink. It is not safe. An expert panel, appointed by the State Water Resources Control Board, determined that DPR is feasible. Yet, using such water would be harmful to public health and safety with the current technology. They reported that except for two remote areas on the earth (Namibia and a city in northern Texas), which have no other drinking water options; such water is not suitable for human consumption.

There are no regulations in place anywhere in the United States, or the State of California, permitting or governing that use. Nobody knows if, or even when, the state will publish such regulations. It is highly improbable that this will occur by the December 31, 2025 Consent Decree deadline.

SO WHERE IS STATE WATER IN THIS PLAN?

Ventura Water has ignored the majority of citizens desire to tie into the State Water Project because it knows the State Water Project does nothing toward complying with the Consent Decree. In June 2018, the City Council directed Ventura Water to make importing State Water the top priority. While that pipeline project is in motion, Ventura Water plans to work on DPR while they work on the State Water pipeline.

WHAT CAN THE CITY DO TO CHANGE THE COMPLIANCE DATE OF THE CONSENT DECREE?

While Ventura must abide by the Consent Decree, the compliance deadline of December 31, 2025, may be unattainable. At this point, the Consent Decree remains the driving force behind all Ventura’s water decisions. With the land acquisition, planning, construction, EIRs and financing required, the 2025 deadline is not feasible.

However, the Consent Decree says the court can extend the time limit in the event of construction constraints, financing problems, or an emergency. It requires Ventura to petition the court requesting an extension, or an agreement with the plaintiff and their lawyers. That has not happened.

The most devastating natural disaster in Ventura’s history occurred in December 2017. The Thomas Fire wiped out over 500 homes and destroyed water systems throughout the city. The Fire further delayed Ventura Water in the planning, design, and construction of projects to meet the requirements of the Consent Decree. It seems clear that Ventura should petition to the US District Court for a 5-year extension. There’s only one thing standing in the way of requesting that extension — our lawyers.

WHY THE DELAY IN SEEKING TO EXTEND THE DEADLINE?

On February 4, 2019, Council Member Jim Friedman asked our City Attorney, Gregory Diaz about extending the deadline.

Mr. Diaz’s advice is that we should not at this time. He wants to keep this option “in his back pocket.”

He said petitioning the Federal Court would be laborious for the lawyers with no guarantees.
He wants to maintain good relations with various Environmental Groups.
He was concerned an extension would cause the regulatory agencies to divert their attention away from Ventura.
We need water.
The State Water Resource Control Board and State Regulators may require a different timeline for our current temporary sewage permit than the Federal court if we petition to extend the deadline.

The Water Commission asked the outside attorney representing the City of Ventura about an extension. She answered that Environmental Groups are very cooperative and would likely be favorable to an extension because of the positive relationship.

Mr. Diaz says that using the Thomas Fire sounds like an “excuse.” He’s concerned it might give the impression Ventura is looking for a reason to not act. If the most significant human disaster in Ventura’s history is not a strong reason, then nothing is.

EDITORS COMMENTS

Our City Attorney is taking a huge risk with our $500 million. It is clear that he doesn’t intend to pursue an extension with his “keeping it in his back pocket” explanation. Mr. Diaz continues with the myth that water is a problem for Ventura and that treated sewage is the solution Hopefully the City Council will remember that we must “keep our experts on tap and not on top.”

If he waits 4-5 years from now, the Federal Court may ask, “Where were you 4-5 years ago?” If he plays his “back pocket” card in the 11th hour and the court denies it, what then? What seems clear, the further away from the Thomas Fire disaster, the less persuasive the argument for an extension. In the meantime, we spend millions that we may not have needed to pay in the next six years.

Would it be more prudent to send a letter proposing the extension? The worst the Plaintiff or the Court can do is say, “No.” If that is the case, then Mr. Diaz’s good faith argument disappears. Then, the Court’s ruling becomes ‘exhibit A’ in support of a motion in the Federal Court. The city could then use the argument, “What’s a poor mother to do? We asked. We thought they were nice and cooperative folks, but they proved to be something else.”

NOTES ON WATER AVAILABILITY

The California Groundwater Bulletin 118, published by the Department of Water Resources, reports that the Ventura River- Foster Park Basin has reserves of 31,600 acre-feet (AF) of water. It recharges 3,500 AF of water each year by underflow. In 2018, Ventura Water Department only pumped 2,384 AF from Foster Park.

The California Groundwater Bulletin 118 also reports that the Mound Water Basin, which is on the east side of the city, has 153,000 AF of storage capacity. During dry periods, Mound Basin is likely 72% full, for a total of 110,000 AF.

MAKE THE CITY COUNCIL INSIST ON ACCURATE INFORMATION FROM VENTURA WATER

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It Was The Best And Worst Of Times For Ventura In 2018

January 15, 2019/in Newsletters/by VREG Editors

“Those who fail to learn from history are condemned to repeat it.”— Winston Churchill

Last year was a most transformational year in Ventura’s history. Every aspect of life in Ventura was affected. The city was in the national spotlight, twice. Leadership changed but at a high price. Old ways of doing business didn’t change, though. Overall, it was a year to remember.

December 2017

To understand 2018, you must appreciate December 2017 and the Thomas Fire. The fire destroyed 535 houses in Ventura. The city was the epicenter of the national news.

Thirteen months later, Ventura had the opportunity for the most significant economic stimulus since the oil boom but failed to capitalize on it. Rebuilding the homes will stimulate the local economy by $350 million. The only thing standing in the way of that economic windfall is the city.

What are the lessons we learned from the Thomas Fire? Good question. Thirteen months later we still don’t know that answer. The city has yet to produce a report on its findings. [Read More]

January 2018

The Montecito mudslides closed off transportation into and out of Santa Barbara along the 101. Many Venturans that work in Santa Barbara were unable to commute.

March 2018

The City Council waffles on second-story height restrictions for rebuilding Thomas Fire victims’ homes, delaying the rebuilding process and adding costs for many. [Read More]

April 2018

Jamal Jackson slays Anthony Mele, Jr. on Ventura’s promenade. Once again, the city was thrust into the national news.

Ventura Police increased patrols along the promenade. The City Council approved funds to continue the patrols. Arrests increased after the incident.

Post-incident, the Police department reviewed its procedures. There have been changes to the security camera monitoring as a result. The review also concluded the call was not improperly prioritized when it came in two and a half hours before the murder.

Since May, the community has returned to business as usual. [Read More]

June 2018

Ventura Police officers sign a new contract with a 5% pay increase. The timing of the announcement was questionable, but the contract was a fair one. [Read More]

July 2018

The City Council instructs Ventura Water to focus on connecting to State Water over Direct Potable Reuse (DPR). DPR takes recycled wastewater and injects it back into the drinking supply.

The City Council approves a $600,000 per year “roving” fire engine and three paramedics over the objections of Interim City Manager Dan Paranick. Ventura Fire hired two of the three paramedics before the Council approved the funding. [Read More]

September 2018

Ventura Water hires eight new positions. The City Council approved the department’s budget that included these positions. Ventura Water based that budget on Direct Potable Reuse (DPR) projects being the city’s top priority. When the Council realigned Ventura Water’s priorities in July, the department didn’t adjust its manpower requirements.

October 2018

Ventura Water begins installing new digital water meters. It is a $9 million project that will take three years to complete. The new meters allow more precise leak protection. The new meters also measure water usage more precisely. You can expect your water bill to be more accurate, too.

November 2018

Ventura held its first City Council elections by voting district. Lorrie Brown (District 6), Jim Friedman (District 5), Erik Nasarenko (District 4) and Sofia Rubalcava (District 1) won. The candidates raised a record amount of money, despite campaigning in districts instead of citywide. The cost-per-vote skyrocketed to win a seat from $2.75 per vote in the last election with an open position to a record-high $26.42. [Read More]

December 2018

Alex McIntyre starts as City Manager. He replaces Mark Watkins who resigned in November 2017. The city had operated with an interim-City Manager since January 2018. McIntyre comes to Ventura from Menlo Park where he was City Manager for six years.

Ventura’s new City Councilmembers are sworn in. The Council has four female members: Lorrie Brown (District 6), Cheryl Heitmann (District 7), Sofia Rubalcava (District 1) and Christy Weir (District 2). Ventura has its first female-majority City Council in history. It’s also the most diverse set of Councilmembers the city has ever had.

Wish The Councilmembers Good Luck In 2019

Below you’ll find the photos of our current City Council. Click on any Councilmember’s photo and you’ll open your email program ready to write directly to that Councilmember.

For more information like this, subscribe to our newsletter, Res Publica. Click here to enter your name and email address.

Ventura Has Opportunity To Improve After The Thomas Fire

January 9, 2019/in General News/by VREG Editors

The City Council waffled on second-story height restrictions for rebuilding victims’ homes. Indecisiveness delayed the rebuilding process for many. Councilmembers exhibited big hearts and small brains settling on the new height ordinance. They attempted to please fire victims wanting to improve their homes. Doing so delayed rebuilding for everyone. It was clear that many of the burned houses would have to come up to existing building codes. Many of the homes were built decades ago when the codes weren’t as strict. Plus, setbacks from the street had also changed. For fire victims to rebuild their houses “as is” would cost more. The new home would have a different footprint on the lot and impede neighbors’ views.

What’s more, some homeowners wanted to change the design of their new home since they were rebuilding. To please those homeowners, the Council created exceptions. They decreed restoring a home could include as much as 10% increase in the size of the structure. While well-meaning, this decision meant every house was a custom-built home. The decision put added pressure on city staff when reviewing and approving plans. And it further delayed homeowners receiving building permits.

There was another consequence of the Council’s lack of urgency. Most homeowners’ insurance provides 18-24 months of living expenses while rebuilding. The Council’s delay will force rebuilding beyond 24 months for many homeowners. As a result, those homeowners will have an added financial burden. They will pay for temporary living expenses when their insurance runs out. Plus, they will also be paying their mortgage on a destroyed home.

Don’t Miss This Chance To Improve After The Thomas Fire

The City Council’s inaction delayed a significant economic stimulus for Ventura. It reinforced the perception that Ventura lacks urgency and is bureaucratic. Now, there is a new City Council. We hope they’ll look at this process with a fresh perspective. If they do, they’ll see the need for change. We want them to force the city staff to streamline and simplify the building and permitting process.

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

November 27, 2018/in Newsletters/by VREG Editors

“…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.

Mr. 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.

Notwithstanding 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.