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Is Leadership Scarce In Ventura? The Censure Farce Suggests Yes

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The Move To Censure Turns To Tragedy

VREG has been silent for six months. City Hall decisions have been hard to reconcile and easy to criticize, so we have held off joining in on the fray. It is difficult not to write about what has been happening with our City government, but as we explain below it has all the makings of a modern Shakespearean tragedy.

New City Council

In December 2022, voters elected three new City Council Members, Jim Duran, Liz Campos and Bill McReynolds. We will reserve the temptation to comment on their talents or lack thereof. Still with these three joining the other four (voters elected Jeannette Sanchez-Palacios after she was appointed to fill a prior vacancy, Joe Schroder, Mike Johnson and Doug Halter), the longest tenure of any of them is just over two years.

The historical knowledge of this group is limited to their personal experience, with little regard for past governmental actions. Some declare a ‘lifelong’ familiarity with ‘all things Ventura,’ but overseeing city politics from an elected city council perspective is far different from being a citizen. The most significant gap is understanding the difference between being in a ‘board of director role,’ as an elected council member, versus being a ‘department head, manager or even a CEO of a company.’ The first lesson they need to learn and accept is that the city council only hires two people for advice on the everyday management of our city, the City Manager and the City Attorney.

As City Councilmembers, they are not HR directors and do not micro-manage staff, city departments or budgets. The role of a council member is to set policy, direct procedures and, in some cases, make laws when necessary.

Councilmembers Unclear On Roles

The greatest surprise is that the staff does not work for the City Council. Councilmembers must understand that the staff answers to their supervisors and, as is human nature, will not jeopardize their position, supervisor or job if it is avoidable. And, to make matters worse, the staff may have budgets and goals contradictory to the public and the elected officials.

The staff can access details and information the City Council needs to make decisions or set policies. Yet, the staff is not the only source of information available to the City Council. Our elected officials must be truthful and ask tough questions about budgets, expenses, staffing, project deadlines, and other options before making decisions. No staff member has ever told the Council, ’We can cut our budget and staff and provide better efficiency with less.’ Again, the role of a Councilmember is to set policy, direct procedures and, in some cases, make laws. The Council cannot do that properly without being provided with all the options unbiasedly.

This concept of questioning or challenging staff information has led to dysfunction at City Hall for the last six months.

By observation, the City of Ventura is a wasteland regarding leadership. Recent Councilmembers have needed to be more experienced in their leadership roles. There has not been a permanent City Manager for over six months. During that time, several department heads were placed on leave or terminated. Most recently, there has also been an attempt to censure an elected Councilmember. All this while the new Mayor says that the city is in great shape with a ‘deep bench’ of staff, and another Councilmember says this is the best group of Councilmembers ever.

To Censure or Admonish Another Council Member?

Censure was the question before the City Council during a 5-hour special meeting. Notably, the City Attorney, who makes a living defining words, told the Ventura County Star there was no real difference between these two actions.

We beg to differ and refer to Mr. Webster. To admonish is ‘to warn or reprimand someone firmly’ while censure is ‘to express severe disapproval, typically in a formal statement.’  Without taking sides in this debate, it finally came down to a Council member using the wrong ‘tone’ with a staff member in an effort to obtain the information he wanted to do his job as an elected official for the benefit of the community.

When we asked some individual Council Members about the outcome of the meeting, one expressed that they wanted to take away the specific committee assignments for which the accused Councilmember received a ‘meeting stipend.’ This reply sounds purely punitive and more like retribution. The investigation may have been an indictment of something wrong, but it was never a legal judgment and certainly not conclusive of any wrongdoing. Judging their peers is not the role of a Councilmember. All seven need training in what their roles are.

Plenty of Blame to Go Around

We do not need the details of the HR complaint to comment on the actions of the Councilmembers. We know that the Mayor, City Attorney and City Manager (interim) were present and either did not witness or did not see fit to deal with the purported infraction when it occurred. Even the current City Councilmembers, in a very diplomatic way, did not see fit to question, deflect or detour the questionable ‘exchange.’ The Council and staff focused on the complaint and Mr. Johnson, but somehow there was no further discussion about the fact that eight other members on the dais were present when the ‘offense’ allegedly occurred. Instead, this becomes a 5-hour discussion that looks more like a ‘gang attack’ on one council member. We make no excuses for what may or may not have occurred. Yet, if something did happen, everyone present needs to share in the guilt.

Making the situation even more absurd was the City Attorney’s unilateral decision to hire an outside law firm for $75,000 to investigate the impropriety of one of his bosses.

Waiting for the Next Shoe to Drop

During the 5-hour discussion about censoring or admonishing Council Member Johnson, some members stood on three moral high ground standards:

  • ‘Zero tolerance’ for bullying.
  • Elected officials should hold themselves to a ‘higher standard’ of conduct than the ordinary citizen.
  • Even the ‘perception’ of disrespecting a staff member was severe enough to take action.

At this point, Councilmember, Liz Campos, stated publicly that her fellow Councilmembers disrespected and belittled her (2:25:08 to 2:28:28) in a closed session, with both the interim City Manager and City Attorney present.

Surprisingly, nobody commented on this statement. When will this investigation begin? Will the City Attorney contract another outside law firm to investigate Ms. Campos’ claims, and what will that cost the citizens?

And, given the three moral high ground standards set forth earlier in the meeting, there should have been four resignations from the four Councilmembers claiming that higher ground. Yet, there weren’t. If those four Councilmembers are to be true to their beliefs and to not be hypocritical, we expect four resignations when the investigation begins.

Editors Comments

We, as citizens, should be disappointed and embarrassed. The Shakespearean quote above is apropos.  It means goodness is bad, and badness is good.

Councilmembers and staff need to stop patting each other on the back for doing a good job when it is their job to perform their work and fulfill their assignments and quietly accept that a Councilmember might be verbally critical if they do not do their job.

What should the citizens of Ventura be entitled to expect? Hire a City Manager to manage our affairs and help the Council through decision-making. As for the City Attorney, he will always warn that the city can be ‘sued,’ but the possibility of a lawsuit cannot be the overriding reason for the Council to vote a certain way. The City Attorney’s job is to “advise” and help on legal matters.  A City Manager’s job is to help the council stay focused on their roles and priorities.

City Council’s priorities are budgets and safety. It is not to accept all staff reports and recommendations at face value. City Council’s job is to question, challenge and determine the best use of the citizens’ money.  It is not to be the cheerleader to all staff members or to accept every report and recommendation staff presents. The City Council is the last safeguard to protect the citizens against wasteful spending. Nobody recalls a time when the staff has reduced their budget or lowered their personnel count. While asking questions, one person’s inquiry may appear to be another person’s assertiveness or aggression. Answering Council’s questions is a large part of the staff’s job.

While other communities are trying to address housing, traffic, economic issues and crime, Ventura is squabbling and spending time pointing fingers and punishing each other.

You don’t like our tone? Is the message too harsh? Too bad. Get over it.

Tell The City Council To Focus On Their Job

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.

Will hire the most influential job in Ventura Will hire the most influential job in Ventura
Will hire the most influential job in Ventura Will hire the most influential job in Ventura
Will hire the most influential job in Ventura Will hire the most influential job in Ventura
Will hire the most influential job in Ventura

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

Brooks Institute Settlement

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

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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

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

Politicians Expect You To Pay A Little Bit More

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The Ventura County Star reports on Ventura’s Pension situation and mentions VREG.

The Ventura County Star Mentions VREG

We’re proud the Ventura County Star mentioned us in an article on pensions. The Star article lists VREG as a watchdog group.

Click here to go to the article.

We believe pensions and unfunded liabilities are ticking time bombs for the city. The Star joins us in pointing this out to Ventura citizens.

In Ventura’s budget starting July 1, the city will pay CalPERS almost $11 million. That’s the amount Ventura owes in unfunded liability. CalPERS projects that to at least double five years later, to over $22 million. That doesn’t include normal, ongoing costs.

That increase almost equals the revenue the half-cent sales tax will generate. The City Council supported the tax to pay for needs other than pensions. Taxpayers believed it was for infrastructure, public safety, homeless services, water quality and other priorities.

Taxpayer and watchdog groups accuse city leaders of misleading the voters. They knew Ventura needed the revenue to offset growing retirement costs.

The Star writes, “Venturans for Responsible and Efficient Government has made similar claims.”

How Bad The Situation Is Depends On Who You Talk To

City Finance Director, Gilbert Garcia, disagrees. He says the city will separate new sales tax revenue from the General Fund. It will be overseen by a soon-to-be-created citizen oversight board.

The state will pay money from Measure O to Ventura beginning in April. The oversight committee is not formed yet. That means no citizens won’t know if the money is separate until months after the fact. The city has had since November 9, 2016 to organize the citizens’ oversight committee. Yet, four months later citizens don’t have any safeguards in place.

The article notes. “How dire the situation is—or isn’t—depends on who you talk to.”

The article notes. “How dire the situation is—or isn’t—depends on who you talk to.” How true.

The Ventura County Star reports on the burden city employee pensions are placing on City Hall.

If you ask a public employee they think the whole thing is way overblown and there is no problem. The public employee does not care that they impose a real burden on their neighbors. They have theirs. They worked for those benefits.  The taxpayers owe them.

The Council members give the public employees what they want. They give little regard to the economic consequences on the rest of the citizens. It’s the hard working men and women who they will always expect to  “pay a little bit more.”

IF THIS UPSETS YOU, WRITE YOUR COUNCILMEMBER

Click on the photo of a Councilmember to send him or her a direct email.

Erik Nasarenko,
Mayor

Neal Andrews,
Deputy Mayor

Cheryl Heitmann

Matt LaVere, Ventura City Council

Matt LaVere

Jim Monahan

Mike Tracy

Christy Weir

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

City Government Clueless About What Citizens Need

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“The characteristic complaint of our time seems to be not that government provides no reasons, but that its reasons seem remote from human beings who must live with the consequences”—William Brennan, U.S. Supreme Court Justice

THE END OF THE FIRST DECADE

It is the end of the first decade of the 21st century.  This first ten years have been marred by war, scandal, fraud, economic failure and government malfeasance at all levels. Venturans will also be happy to turn the page and try to rebuild.  The questions is whether local government can provide the insight and leadership to achieve prosperity, or will be mired in the failed policies and decisions of the past.

THE NOVEMBER 3RD ELECTION – BEFORE AND AFTER

[THOSE WITH INTEGRITY AND THOSE WITHOUT]

We start with glimpse of the events leading to the last election. It was not pretty and hopefully is not an indicator of how the politics of city government will perform in the next ten years.

Police Association Smears Candidate Andrews

Prior to the last election the Ventura Police Association commissioned a telephone poll (push poll) for the specific purpose of trying to eliminate Councilman Neil Andrews.  A push pole is a seemingly unbiased telephone survey that is actually conducted by opponents of a particular candidate in order to smear or disseminate negative information about that candidate.

Police in city government

Police Association interjects itself into city government

Then immediately prior to the election came the mother of all polished and salacious brochures. You know, the one about Neal Andrews taking public money to the tune of $20,000.  None of it was true, but the policemen in charge didn’t care about that. They too have a right of free speech, even rotten speech and fraudulent utterances.

It didn’t work. The voters wisely returned Mr. Andrews to office.  He was elected to his third term of office, and was the next highest vote getter [9,246] next to our newbie retired chief Mike Tracy [9,777].

Councilman Andrews. of course, was punished for his position when the majority of the Council at their December meeting. The Council refused to elect him as the mayor of this fine city or even the position of Deputy Mayor.  Councilmen Andrews and Morehouse were in the minority.   The Ventura County Star published an editorial castigating the members of the council who condoned this miserable spectacle.

THE UNFUNDED PENSION PROBLEM PLAGUES GOVERNMENT

The unfunded pension liability of this city is the biggest problem facing this community, and will be the focus of VREG in the first quarter of 2010.

CalPERS increases unfunded pension liability costs to Ventura

Councilmember Andrews believes city government should bear all the cost of police and fire pensions.

Councilman Andrews is  the only elected official  who has not lost focus on this enormous issue.  His public position, and one that he has espoused for years, is that the benefits of the members of the public unions, particularly police and fire,  are excessive and must be changed from a defined benefit plan to a defined contribution plan.  That of course is not to the benefit of the union members because they want all they can get — FROM YOU.

This is real.  If you do not believe this City has a serious debt problem you are not paying attention.  Attached is a letter which VREG published in April 2009, titled “THE SPECTRE OF BANKRUPTCY”. The unfunded liability for the City of Ventura,  as of June, 2007, totaled  $294,673,595.  We believe the 2008 Comprehensive Annual Financial Report will reveal that the debt picture  has improved somewhat and will report on that analysis in our next issue. VREG will also sponsor a public forum and speaker on this issue in the first quarter of 2010.  We will announce the time and place.

A MESSAGE FROM A CITIZEN

[WHAT OUR CITIZENS WANT FROM GOVERNMENT— PAY ATTENTION CITY COUNCIL]

Just before Christmas the Ventura County Star published a letter from one of our citizens.  With his permission we publish that letter as a message to start the new year:

WHAT CITIZENS WANT

Re: Your Dec. 12 editorial, “Council’s Action a slight to voters”:

I concur with the editorial that called the selection of Mike Tracy as deputy mayor as a slight to voters.  I have no problem with Tracy and feel he will do a great job, but as a brand-new, untested councilman he hardly deserves to be appointed deputy mayor.

Skipping the popular, at least with the public,  not electing Neal Andrews [as Deputy Mayor] is truly an insult to the people who voted.  What the City Council and city manger do not understand is that there’s a reason no new tax measures have been passed.  The voters are unhappy with the way things are going.

I was particularly irked by Councilman Brian Brennan’s comments after Measure A failed.  He basically said the public wants more city services, but doesn’t want to pay for them.  I think he is wrong.  I believe the public wants basic services and is willing to pay for them.  Those services, in my opinion are:

  • Well-maintained streets and storm drainage.
  • Library services at the Helen Wright Library.
  • Adequate police and fire protection.
  • Safe neighborhood parks.
  • Being able to move about the city without harassment by professional bums.
  • A city that encourages a Walmart, which would provide tax revenue and jobs.
city government should stop wasting money

One reader wants city government to stop wasting money.

What I believe citizens do not want are:

  • Large, expensive sports complexes.
  • Expensive housing projects for “struggling artists”.
  • Worthless and expensive bus-stop art at the mall.
  • Exorbitant pensions.
  • City leadership that seems to enjoy punishing the public for not going along with their agenda.
  • And, finally, a city leadership that thinks residents who do not agree with them are just ignorant.

I feel better now.

—Ray Holzer

Editors’ comments:

          Thank you Mr. Holzer.  Could not have said it any better.

Editors:

B. Alviani        S. Doll           J. Tingstrom

K. Corse          B. McCord    T. Cook

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Pension reform needed

Grand Jury Exposes City Pension Out of Control

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“The democracy will cease to exist when you take away from those who are willing to work and give to those who would not” —Thomas Jefferson

THE FLEECING OF VENTURA

The Ventura County Star reports the Grand Jury finds Ventura’s Pension Out Of Control

On July 26th the Ventura County Star published an article about the deplorable conditions of the public pension plans in Ventura.   The Ventura Grand Jury labeled these city pension plans as headed for disaster — an out of control cost [They actually said “uncontrollable cost”].  To see how out of control the one in Ventura is see the October, 2008 issue of Res Publica, which  provided an in depth analysis of just how much unfunded debt exists because of the lavish pension plans given to public employees by the City Council.  We republish some of that article here as a reminder to our citizens when they go to the polls in November.

(c) THE FIREFIGHTER PENSION

In a vote of 4 to 3 the council  approved the Memorandum of Agreement and the new pension contract with the firefighters of this city giving them a pension equal to 3% of their highest salary times the number of years in service plus all medical, dental, the same plan received by policemen.  The yeas were Councilmen Fulton, Brennan, Summers and Monahan.  The neighs were Mayor Weir, Councilmen Andrews and Morehouse who stated just before his “NO” vote — “I HAVE GRAVE CONCERNS TO COMMIT WHEN WE DON’T KNOW WHERE THE FUNDS WILL COME FROM”.

I have grave concerns to commit when we don’t know where the funds will come from.

In our August 2008 letter and postscript letter titled “IN THE SHADOW OF VALLEJO”. We posed a hypothetical retirement scenario — a fireman goes to work for the department at age 20, works 35 years and retires at the age of 55 earning a salary of $100,000 per year.  The adopted increase now provides that he/she will receive 3% of their salary in their last year of employment multiplied by the number of years of service.  So he/she will retire earning $105,000. [$100,000 x 3% = $3,000 x. 35 = $105,000].

ed summers pension blunder

Councilmember Ed Summers voted for pension increase because city employees only live 7 years past retirement.

Since that publication Councilman Summers, who is up for reelection in November, pointed out that we need to make some “minor corrections”.  We quote from his letter:

In the example it indicates that an employee has the ability to retire and receive 105% of their annual salary.  Regardless of the time of service and age at retirement, the program is capped at 90% of the eligible salary.  The example also includes add-back for accrued sick leave and vacation.  The City’s formula does not include any add backs, the formula uses only the base salary.  It is the County’s formula that includes add backs…(in addition)…unfortunately the assumption of a 30-year future obligation per employee is incorrect, the average life expectancy of a public safety employee is 7 years from retirement”. 

          We do not know what source Councilman Summers uses for this remarkable revelation that firefighters retiring at age 55 are projected to live only 7 years. His assertion is nonsense and not supported by any credible source.   Further, when he and the other profligate four argued that “the increase was only 1%, it in fact was an increase from 2% to 3%, which is a 33 1/3% increase in the retirement plan.   So what is the reality? We have less money now than we did in October, 2008.  This City Council has led us into a sea of red ink — $294,673,595 as of April, 2009, yet our Council and the public safety unions ask us to pretend that this not a problem.  Instead they want more money in the form of new taxes.  Here is an example of what we now have to pay just 15 retired folks yearly for the rest of their lives — $1,707,086.

Mike Tracy* $ 186,902
Gary McCaskill $140,602
Neil Gedney $129,856
Brian Gordon $132,548
Carl Handy $122,022
Douglas Aldridge $124,396
Bill Rigg $121,333
Robert Boehm $120,494
Donald Davis $112,735
Jim Walker $ 110,570
Everett Millais $105,245
Shelley Jones $105,013
Roger Nustad $101,836
Gail Bogner $100,515
* Retired Chief of Police. Running for City Council
Pat Miller pension out of control

Police Chief, Pat Miller

Mike Lavery pension out of control

Fire Chief Mike Lavery

More recently we learned that our present Chief of Police, Pat Miller and Fire Chief Mike Lavery would retire. Why did they push so hard for an increase in the retirement benefits in October, 2008 ?  Well  Duhh ! Thank you Councilmen  Fulton, Brennan, Summers and Monahan.

More recently Councilman Fulton announced that the City was going to appoint a committee to examine the public pension plan.  Let us hope against hope that they don’t pack it with FOCs like they did the Blue Ribbon Committee, and that they read the Res Publica analysis of April 2009, which concluded that the pension plan is headed on the same path as the City of Vallejo – Federal Bankruptcy.      

Councilman Neal Andrews has advocated for a change. in this area, and has published a lengthy memo on the subject:

“Immediately abandon the compensation formula that essentially forces us to mimic the weakest and most incompetent policymakers in other communities. Today we promise to compensate our employees at approximately the average level of other communities, though we sometimes count the highest paid three times as heavily as others. This is an artificial and arbitrary benchmark. We should instead adopt a clear policy of compensating at a level adequate to provide a sufficient workforce with the high level of competence we want in them.

Adopt a two-tier retirement system that provides a guaranteed contribution to the retirement plan for all new employees, instead of the current guaranteed benefit program. This would not change a thing for current employees, but over time it would significantly reduce the volatility of our budgets by stabilizing a major element of our financial liability. This is the same type of retirement program offered today by most of the private sector.”

—Neal Andrews

Editors’ Comments:   

Councilmembers FULTON and MONAHAN deflect any criticism and defend the retirement plan by saying the decision to raise pension benefits was deferred. When questioned,  they cannot recall when the motion or official action was made, do not recall who recommended delaying the firefighters retirement plan increase or just what happened.  They act as if this is a non-issue.  For your information councilmen, the pension increase which you approved in October 2008, has NOT been rescinded or modified.

Editors:

B. Alviani      S. Doll            J. Tingstrom

K. Corse        B. McCord     T. Cook

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Keeping track of the City Council

Keeping You Up-to-Date On The City Council Decisions

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SUMMARY UPDATE OF CITY COUNCIL DECISIONS

In our last several publications we treated issues that are important to our community. We now provide updates on those issues as they have evolved and as information has become available:

(A) The 911 Fee

You refused to pay, filled out the forms and opted out, but you are being charged monthly. What more could happen? Out of town residents have been ensnared in the program. Those who purchased their cell phones in Ventura are being billed. The City has no jurisdiction over them but they are being charged the fee. The official response of the City is “we are working on it, or it is the fault of the telephone company”.

If you are one of the 27,000 that opted out you should check your bill and write a letter to the Council.   At $1.49 a month, the City is collecting approximately $40,000 per month from you and they are not entitled to it. What a mess!

There is light at the end of this dark tunnel. The Howard Jarvis Taxpayers Association has drafted a civil complaint to determine that this ordinance is a tax under Proposition 218 and therefore illegal. The complaint is to be filed in the next two weeks.  Reported in today’s Ventura County Star another lawsuit is planned to compete with this one.

(B) Increased Fees

[A Quest — “Who’s got the soap”?]

In our last three monthlies we reported to you that the City Council is seeking to increase fees and raise another $2.6 million dollars, and that the early June Council meeting the issue was tabled after Councilmen Fulton and Summers commented that there had not been sufficient time for the community to address this issue.  Another important point was the inability of anyone to obtain and read the MAXIMUS REPORT(s) [the experts hired by the City), which was designed to be the “legal” for the fee increases in the first place. These reports could not be found.

Somehow that lack of critical financial data did not stop the Council from increasing fees in 2006 and 2007. So, good reader, ask yourself how an elected official can vote to increase fees based on a report that they don’t have? Or, you ask rhetorically how an elected official can ask the community to pay another 2.6 million dollars if they are not able to provide logical answers?

In July VREG received the MAXIMUS 2004 AND 2007 reports. These reports only provide conclusions and none of the basic financial data that led to those conclusions. For example, the 2007 report incorporates a “Cost Plan which has been provided as a separate document”. That plan is not available. Another example, the 2004 report says that MAXIMUS “used the standard methodology that we have employed for hundreds of similar studies: MAXFEE”. At page 29 the reports says “MAXIMUS provided the voluminous detail and background materials behind all of the calculations and analysis to the City under separate cover. Appendix 5 of this report contains the summarized results (potential fees)”.

VREG has not been able to locate the basic cost report that served as the foundation for the MAXIMUS reports. Officials at the City have been helpful, and now have provided all eleven (11) appendices. The cost report has not surfaced. It is hoped that the Council will not race to judgment until all parties have a chance to evaluate the data.

(C) The Firefighters’ Pension

In a vote of 4 to 3. the Council approved the Memorandum of Agreement and the new pension contract with the firefighters of this city giving them a pension equal to 3% of their highest salary times the number of years in service plus all medical, dental. The yeas were Councilmen Fulton, Brennan, Summers and Monahan. The neighs were Mayor Weir, Councilmen Andrews and Morehouse. It should be of grave concern to all when one councilman says, before he cast his “NO” vote – “I HAVE GRAVE CONCERNS TO COMMIT WHEN WE DON’T KNOW WHERE THE FUNDS WILL COME FROM”.

Editors Comment:

Councilmen this was an increase of 33 1/3%!

The councilmen casting the yea votes and our fire chief, Mike Lavery, defend their position by saying that they need more benefits because they must remain competitive with other cities and counties, using as a current example the fact that they have unfilled openings. When asked why they are not filled, the answer is that the Chief REQUIRES all firefighters to be trained paramedics.

We all want qualified firemen and police officers and certainly want Councilman Summers “to sleep well at night knowing that he has the best public safety officers” (quote from his speech on August 4th) but somewhere a limit must be established on how much of our general revenues will be devoted to this purpose. The City of Vallejo is in bankruptcy because they devoted 80% of their budget to this purpose compared to Ventura at 51%.

How much of your tax dollar do you want to pay out for police and fire? You only have 49 cents left to pay for streets, recreation, other employees and widgets, so what are your priorities? We at VREG would like to hear from you.

(D) The Sale Of State Water Options

 As previously reported we annually pay $950,000 to the State Water Project for the option to obtain 10,000 acre feet. Since 1972, we have paid $22,582,371. We are committed to pay another $25,650,000 through 2035.      The reality is that we will never build a pipeline, and that as a category A user we will only get a fraction of the entitlement because there is not enough water to meet all entitlements under drought conditions. Make no mistake – the Governator has declared a drought.

Since 1972, we have paid $22,582,371.

VREG last year proposed that the rights be marketed to meet our annual cost AND put money in the bank to help defer our water costs, and/or to hopefully fund and build a desalination/filtration plant. We are happy to report that the Council has commissioned Kennedy-Jenks Consultants to assist in an attempt to market Ventura’s contractual rights. There is precedent for such a step. Butte County recently received approval of the sale of their water rights on a one year plus one year option basis to Palmdale Water District. This was accomplished over the objection of the Los Angeles Metropolitan Water District, which charges $425 am acre foot for untreated water. This 800 pound gorilla objected to the Butte-Palmdale contract and you can expect them to object to any sale by the City of Ventura in any sum below that which is charged by the MWD.

Editors’ Comment:

Doesn’t take a lot to grasp the market opportunity here so we encourage the City Council to forge ahead with “viga”, all due dispatch and total disregard for the MWD.

WHAT’S ON THE HORIZON FROM THE CITY COUNCIL

(A) Rate Increase For Water and Sewer

Enclosed with your last bill was a notice that you will be paying more unless you object by SEPTEMBER 22, 2008. The following is a summary and what it will mean to you as an owner or renter:

SINGLE FAMILY HOME
Current FY2008-09 FS2009-10 Increase/%
Water Bill $59.46 $63.66 $68.63
Wastewater bill $64.16 $68.52 $73.27
Total 2 month bill $123.62 $132.18 $141.90 $18.28 = 14.7%
MULTI-FAMILY DWELLING (10 UNITS) -89,700 GALLONS
Water Bill $282.10 $300.38 $321.96
Wastewater bill $437.80 $467.50 $500.00
Total 2 month bill $719.90 $ 767.88 $821.96 $102.06=14.1%
COMMERCIAL OFFICE – 29,920 GALLONS
Water Bill $137.03 $142.85 $154.16
Wastewater Bill $83.71 $ 92.98 $100.23
Total 2-month Bill $216.74 $235.83 $254.39 $ 37.65/17.4%

* Rates include assessment for the contractual right to obtain water from the State Water Project. If that entitlement is sold to another user that income would go a long ways in lessening the impact of water costs on this community.

If you oppose the rate increase then by SEPTEMBER 22, 2008, you must mail your name, property address or parcel number to:

 

WATER RATES

CITY CLERK’S OFFICE

City of Ventura

P.O. Box 99

Ventura, CA 93002-0099

 

If you object you can also attend the City Council meeting on September 22, 2008, and/or can obtain information from Gary Lee at (805) 652-4253, or email him at glee@cityofventura.net.

(B) The “Crime-Free Rental Housing Program”

[Specter of Aldous Huxley‘s “Brave New World” of

The City Council has asked its staff to appear at the council meeting on October 20, 2008, to consider implementation of a new program called the ”Crime Free Rental Housing Program”. The draft proposal seeks more fees, purportedly revenue neutral – meaning it will only cost what it costs to enforce – projected at $400,000 from our citizens who own rental housing. The proposal seeks to force owners to have all of their apartments or rental home inspected to make sure there is no criminal activity and/or to make sure that all buildings are in compliance with building codes and all City regulations. Here’s the proposal:

 

  1. The owners of apartment will have to pay an annual fee for each apartment in order to raise $400,000. The fee is for inspecting each apartment to make sure it is crime free. The City has not said how much the fee will be, and they don’t know how many rental units there are in the City.
  2. The owners will have to attend formal training on how to prevent crime and to show them how they can manage their property and rental agreements.
  3. Initially and every 47 months afterward each apartment is required to be inspected (searched) by the Fire Department and/or the Police Department and/or Code Enforcement Officer [all law enforcement] to determine if any crime is being committed or to determine if there are any building code violations.
  4. If you don’t get the certificate you can’t operate your apartments and penalties will be imposed. If you get the certificate the City Manager is given the power to revoke your certificate, along guidelines that his office is to develop, you will suffer penalties The penalties that can be imposed:
    1. You may be cited for a misdemeanor, jailed and/or fined
    2. The property, summarily declared a public nuisance by this ordinance if it does not have a certificate, can be sold, the nuisance abated at the owners expense or destroyed at the owner’s expense
    3. If your certificate is not timely renewed you will receive an Administrative Citation, and penalties will be imposed for each day beyond the expiration.

A large number of owners have expressed strong objections to this program, and a committee has now been established to try to determine if such a program should be modified or abandoned as a bad idea. Initial indications are that some type of enforcement is being considered but it is not clear what form this will take. Information can be obtained from Andrew Stuffler (654-7837), the lead person for the City. He has stated that since the initial proposal their data has shown that 93% of owners with rental units have not had any code enforcement or law enforcement issues.

Editors Comment:

Another 911 fee fiasco? This proposal seeks to impose new fees for police, fire and code enforcement, the costs of which by law are paid by general tax revenue. New “taxes” require a citizens 2/3 vote, whereas “fees” don’t. Now the city wants to re-label the police, fire and code enforcement officer’s inspections as a service to prevent crime and/or enforce the law against wrongdoers (7%) by imposing the costs (fees) of enforcement on citizens (93%) who are law abiding. Just who comes up with these ideas in the first place?

In case they haven’t thought about it our new city attorney might review California Code of Civil Procedure 1822.5, which requires Inspection Warrants before a residence can be searched to enforce regulations, and the decision of CURRIER v. CITY OF PASADENA (1975) 48 C.A. 3d 810, which held a similar regulatory scheme unconstitutional.

If passed as presented we predict that the lawsuits will fly. We citizens will have to pay for the attorneys fees and costs on both sides.

 

Editors:

B. Alviani          S. Doll               J. Tingstrom

K. Corse            B. McCord         T. Cook

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