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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

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.

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.

Ventura needs a Water Commission to oversee the water and wastewater processing.

With Water, The Simplest Solution Is Best

June 26, 2018/in Newsletters/by VREG Editors

“Water is life, and clean water means health.” —Audrey Hepburn

Ventura needs to get its priorities straight about water—and fast. On July 9th, Ventura Water will ask the City Council to approve direct potable reuse (DPR). Ventura Water views DRP as a primary alternative source for increased drinking water. The project will cost $538 million of taxpayer dollars. The trouble is, it’s an untested, unproven and unregulated solution to our water needs. Why would the City Council gamble with the health of its citizens?

Ventura Water already gave a similar presentation to the Ventura Water Commission in May, when they asked the commission to approve the 2018 Annual Water Report. Ventura Water’s priorities were to add DPR as an additional water source. State water would only act as a backup supply to the recycled water program.

The Ventura Water Commission rejected the idea. They made it clear that the city should look to State water as a primary resource to supplement our existing water sources and reconsider DRP only as a backup when it is perfected.

How We Got Here

Two legal agreements jeopardize Ventura’s water supply. The first was a Consent Decree requiring Ventura to cease putting 100% of its treated wastewater into the Santa Clara River estuary. It needs to be diverted somewhere else by January 2025.

The Consent Decree stems from a Federal complaint filed by Whistoya Foundation [WISHTOYA VS. CITY OF SAN BUENAVENTURA, CASE NO. CV 10-02072]. The City Council consented in March 2012. Rick Cole and Shana Epstein signed the consent decree on behalf of the city. The city no longer employs either of them.

The second was a new contract between the City of Ventura and the Casitas Municipal Water District executed by the City Council in May 2017. The new contract obligates Ventura to reach Water Balance by 2020 to maintain its current water rights. To achieve water balance, Ventura must find an additional source of water.

Both agreements are disturbingly vague. The Consent Decree requires Ventura to cease putting treated wastewater into the estuary. It doesn’t specify where to place treated water or how to use it. It only states it cannot go into the estuary.

There is one exception. If a scientific panel, based on biological studies, decides the environmental health of the fish and wildlife in the estuary need that water, Ventura may release 50% into the inlet. There have been four studies in the last six years. The findings indicate the risks are unacceptable. We’ve noted some of them below.

The new Casitas Water contract entitles Ventura an amount of water based on projected needs and adjusted for drought staging conditions. Ventura Water anticipates our water needs at 5,669 acre-feet per year by 2025. By then, they expect we’ll be out of our current drought conditions. Under the1995 contract, Ventura was allowed a minimum of 6,000 acre-feet of water per year. That water could be used in the western part of Ventura (everything west of Mills Road) and the eastern part of the city, if necessary. The new contract changes that and puts East Ventura at a disadvantage. The old agreement allowed Ventura to blend Casitas water with the East End to achieve better quality. The new contract does not allow any use for the East End of Ventura.

The Race To Make Ventura First

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

Since 2012, employees at City Hall and the Ventura Water Department have been actively publicized and pushed VenturaWaterPure. They view the project (toilet-to-tap) as the primary source to supplement our drinking water resources. They believe State Water should only be used as a backup in case something went wrong with the recycled water.

Ventura Water says we need the project:

(1) To augment our water supply from a reliable source

(2) As beneficial reuse of wastewater effluent

(3) To improve our water quality.

They assure us that VenturaWaterPure will meet these goals. Their assurances are misleading and just not right.

What We Know Now

We’ve learned a lot since 2012 when this began. For instance, in February 2018, Stillwater Sciences issued a final report on releasing treated water into the Santa Clara River estuary. It recommended diverting 40%-60% of the wastewater, not 100% as initially presented to the City Council. Stillwater Sciences filed the report with the State Water Resources Control Board (SWRCB). The SWRCB has not decided on the amount to be released yet.

In August 2016, a report by a state-appointed panel of experts concluded it was “technically” feasible to use DPR, but there are serious health risks. Here are some fundamental problems outlined:

Guidance and regulations currently do not exist for DPR
Of specific concern are chemicals adversely affecting the development of fetuses and children, plus any as-yet-undiscovered compounds.
There are no standards to guard against Cryptosporidium, and Giardia to maintain a risk of infection equal to one in 10,000.
Reverse osmosis is unable to detect and remove low molecular weight compounds such as halogenated solvents, formaldehyde, and 1,4-dioxane.
The inability to identify solvents on the Proposition 65 list that reverse osmosis membranes cannot remove.

Notwithstanding this new information, the City of Ventura continues in its pursuit to be the first to use recycled wastewater for drinking. The water department soldiers on and plans to spend many millions of dollars starting in July 2018 for consultants and a project that may never see the light of day.

The Cost Comparison

The cost of DPR wastewater is high. According to the Capital Improvement Plan (CIP), the wastewater and water costs will total approximately $538 million once financing costs are added. Included in those costs are advanced purification facilities to treat the wastewater that will cost $77.7 million. Also included is another $170 million to pump the water north to the desalination/Reverse Osmosis plant. Other infrastructure improvements comprise the remaining costs—including a brine line to carry away contaminants from the new RO plant.

By comparison, the pipeline for State Water is estimated by the Ventura Water Department to cost $27 million. That does not include the annual fee for the State Water Pipeline (SWP) entitlement. The city currently pays $1.2 million per year for that option (which the city never used). Over $50 million has been cumulatively paid in annual installments to the SWP since 1972 and will continue until 2035. Every citizen’s water bill includes a portion of that payment. Nor does it cover the additional cost of water pumped through the water line. Keep in mind that State water can be injected directly into the Ventura water system. The water is reliable and used throughout Southern California.

The Decision Facing The City Council With Water

The City Council will make a monumental decision on water July 9, 2018. They will set Ventura’s water priorities for decades to come.

They will be asked to decide between State Water and DPR as the first supplement to our existing water supply. Their decision will send a message whether Ventura wants to be first with an untested, unproven, unregulated water system with DPR or safe with State Water. We will also learn whether they will listen to the Water Commission or ignore their recommendations.

Finally, we’ll learn how the City Council plans to comply with the Consent Decree. Will they accept scientific findings to divert only 40%-60% of treated wastewater from the Santa Clara River? Or will they ignore the Decree’s exception and insist on diverting 100% at the cost of $400 million?

Editors’ Comments

The City Council must make a policy decision now and direct Ventura Water to concentrate on the importation of State Water immediately. The current effort to plan, finance and build a VenturaWaterPure treatment plant and RO plant to process recycled water for DPR by 2025 must stop or at the very least be delayed until further study. We only hope that the City Council has the leadership and strength to change course and not feel bound by this misguided concept of past water leaders.

Protecting public health is paramount. Complying with the Consent Decree is also essential, but we can keep our part of the bargain and adhere to the decree by pumping the water into settling ponds for absorption into groundwater basins such as the Mound basin, then ultimately into our water system.

Lastly, we don’t need to build a desalination plant/RO facility now or in the next five years. However, it should not be forgotten. It will be required in the next 25 years to filter water pumped out of the Mound basin and to filter DPR. We must prepare our community for that as our population continues to grow.

As for the Consent Decree, we suggest that the City Attorney get to work. Present the fact that the current project is infeasible due to technical infeasibility and lack of regulations and extend the term for compliance beyond January 2025—say 2030. If they do not agree, that is why we have a court that will listen to logic, and common sense hopefully will prevail.

Insist The City Council Makes State Water Ventura’s First Option

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, 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.

The City Should Get Out of the Property Rental Business

May 21, 2018/in Newsletters/by VREG Editors

“We need leadership. We don’t need a doubling down on the failed politics of the past.” —Paul Ryan

505 Poli building. Crime lab in the lower right corner.

City Council Makes The First Step Toward Dealing with Surplus Building

To get realistic information for the City Council to decide about 505 Poli, Councilmember Mike Tracy presented a motion to seek advice from a licensed commercial realtor. Councilmember Jim Monahan seconded the motion. The Council unanimously agreed after City Attorney evaluated the right to sell the property, to seek advice from a licensed commercial realtor. The goal is to “determine (the) value of 505 Poli Street including the Crime Lab (appraisal and parking analysis study). Then to decide on disposition (of the property).”

Good decision.

Why The City Should Get Out Of The Property Rental Business

The 505 Poli building adjacent to City Hall exemplifies why the City of Ventura should not be in the property rental business. The city owns several properties. Ventura needs some to house various city departments and needs others for future use. However, the city owns and operates some for the sole purpose of generating income — rental income property.

Citizens have a right to expect the city to manage 505 Poli wisely.

When public money is used to buy rental income property, citizens have a right to expect the city will manage the investment wisely. Acquiring and operating such property requires knowledge and expertise to protect the investment. In the case of our city, the City Council makes the decisions. They rely on the City Manager and city personnel for sound advice.

Here’s the rub. Ventura city personnel have demonstrated historically—and continue to show, as we will later explain—that they do not have the knowledge or experience needed to assist the City Council in making decisions in such matters.

Why The City’s Bad At Property Rental

There are four major issues with city-owned rental income property:

First, the daily maintenance and management of these properties require constant attention. Buildings cost money to operate with or without a tenant and thus are a continual liability and drain on public resources. Private owners use qualified property managers to manage their property. If those managers are not able to produce any income to the owner after expenses, the owner fires them.

Should Ventura be in the property rental business at all?

Second, the city does not have a structured professional approach to operations and tenant management. It is merely an additional task for someone in some department to look at in and among all of their other daily tasks, which staffers usually place behind the immediate problem of the day. Income property must be monitored and requires constant professional attention. Fail in that task, and the supposed investment will fail. The Brooks Institute rental at 505 Poli was a debacle and is the perfect example of why the City Council should not rely on city staff for help in trying to operate such property. Still, they persist.

Third, properties are acquired and operated long past their usefulness to our city. Once the city uses taxpayer money to pay for the property, the City Council and city staff blot the investment out of their minds. If the property is not producing the expected income or outlived its purpose, it should be placed on the market and sold. To spend taxpayer’s funds without any concept to how much the city has already spent on past failed projects for the same property is wrong.

Finally, the City believes that it is acceptable to compete with private free enterprise and offer free rent or discounted rent for city-owned buildings and property acquired with taxpayer money. Private property owners are encouraged to invest in Ventura, but why would anyone make such an investment when the City is a major competitor? It is unfair competition and constitutes a misuse of taxpayer’s funds.

The City Council needs to address these problems.

505 Poli Confirms That Ventura Is Bad At The Property Rental Business

Appraised for $3.55 million in Sept. 2005, the City of Ventura acquired it in November 2006 for $4.03 million. Our then-City Manager pushed the acquisition. The Council followed his advice. To fund the purchase $1.23 million in General Funds were used together with another $2.8 million from a particular service fund — Workers Compensation Fund. The use of the Workers Comp funds should have been a warning to the City Council. That fund pays for future worker’s compensation claims. The interim City Manager, Johnnie Johnson, exposed that budget manipulation when he advised the City Council in 2012 of a $5 million deficit.

Just why the City Council thought “robbing Peter to pay Paul” was a good idea defies logic.

Questions remain as to how much the city has spent to acquire, improve and maintain 505 Poli.

Then there is the building itself. The City accepted the premise—and the adjacent old County crime laboratory which was part of the deal—knowing that asbestos filled this old Ferro-cement structure. The removal of asbestos and hazardous material remediation in the crime laboratory alone was estimated to cost $500,000-$700,000. The list of deficiencies abounded—seismic conditions, old air conditioning systems, old electrical systems and a 60-year-old elevator that hinders tenant usage.

In 2006, City staff advised the City Council that if they decided to buy the property, the city would get a return from the investment in 6.3 to 8.8 years. There was no return on the investment. The building was repurposed to provide free or low rent to new tech startup companies. City staff reckoned that if the startups succeeded they would do business in Ventura and bring jobs to the community. The City Council allocated another $5 million for that purpose. However, aside from the single success of Trade Desk, the project failed.

Six years later, in February 2012, the Ventura Chamber of Commerce agreed to pay $1,000 cash per month for the first floor. In March & April 2013, the Trade Desk leased the 4th and 5th floors for $6,025 a month at which time the City Council spent another $62,750 in improvements. Trade Desk left and in Feb. 2016, the city then tried to lease the two top floors to Brooks Institute. Demolition proceeded on those two floors, and since Brooks Institute defaulted, those floors have been vacant. They remain empty today.

By this simple accounting, the City of Ventura has spent or is obligated to pay an additional $4.6 to $5.0 million with no net rental income to justify the investment over the last 12 years.

Spending More Money Won’t Fix What’s Bad About Ventura’s Property Rental

The latest proposal put forward by the Public Works Department recommends the city sink more money into the building. On April 16, 2018, the city staff recommended the City Council spend another $2.0 million to build tenant improvements on the 4th and 5th floor of 505 Poli. That report contained a lot of facts and figures but was notable for the lack of a feasibility study.

City staff suggested in the report were that if the City Council spends the money, 505 Poli would then be considered a Class A property rental property and would rent for $3 a square foot because of its downtown location. There was no rental comparison survey to support the plan. There was no vacancy survey included. The report also ignored the fact that vacancy is running at 25% citywide on commercial property. The entire argument assumes that if “we build it, they will come.” The recommendation also suggests our city would receive a monthly income of $53,413 after the improvements at 100% occupancy. Great promise, but it lacked facts and is unrealistic.

Then something happened in the city staff presentation that further demonstrated how they lack the knowledge and experience to guide the City Council on rental properties. The Public Works presenter hinted a possible tenant would take the space and finance the tenant improvements in exchange for significantly reduced rent. Almost immediately, Jeff Lambert, the Community Development Director, corrected that information. The potential new tenant had pulled out earlier that week. There were no interested parties, at this time. It was apparent these two departments were not communicating, and the facts were not straight before asking the City Council to spend $2 million.

Editors Comments

We recommend several things about 505 Poli and city-owned real estate in general.

First, the City Council should follow up on how much taxpayers have spent to acquire, improve and maintain 505 Poli. The total amount may surprise some of them.

Second, the City Council should hold the city staff to a higher level of thoroughness and professionalism before recommending spending taxpayer money.

Third, and most importantly, city government should get out of the property rental income business and find a qualified, reputable real estate company to lease and manage all city-owned rental property.

Insist The City Council Heeds The Input Of Outside Consultants Before Deciding What To Do On 505 Poli

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.

Neal Andrews, Mayor		Matt LaVere, Deputy Mayor
Cheryl Heitmann		Jim Monahan
Erik Nasarenko		Mike Tracy
Christy Weir

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What You Missed In The 2018 State-Of-The-City Speech

April 4, 2018/in Newsletters/by VREG Editors

“We’re no longer a quaint little beach town.” —Ventura Mayor Neal Andrews

Mayor Neal Andrews’s State-of-the-City address was noteworthy more for what he didn’t say. The speech was a summary of last year’s events delivered by each of the major department managers with summary comments by Mr. Andrews.

What this year’s address lacked was a vision for Ventura’s future. Neither Mr. Andrews nor the city’s department heads mentioned job creation, new sources of revenue or business development. Instead, we heard how the city utilized Measure O’s $10.8M sales tax revenue.

The fact remains that Ventura faces significant challenges. The recovery from the devastating Thomas Fire has brought out the best in people but also exposed failures in systems and processes. We acknowledge the heroic efforts of citizens, police, fire and water personnel who fought to prevent further tragedy. But, we must temper those accomplishments with the systemic failures by the local government that contributed to this horror.

2018 Challenges Not Addressed In The State-of-the-City

Rebuilding After The Thomas Fire

Post-fire reconstruction is overwhelming the Building & Safety Department. Community Development Director Jeff Lambert put a brave face on it, but the stress was palpable.

City Manager

There is currently no City Manager. Assistant City Manager Dan Paranick stepped up to lead the city’s recovery efforts. From all indications, he is performing proficiently. Nonetheless, the search goes on for a permanent replacement.

Water Department’s New General Manager

New Ventura Water General Manager, Kevin Brown assumed leadership only weeks before the Thomas Fire. He now faces the double task of improving performance while he defends the city against lawsuits filed in the aftermath of the Thomas Fire.

Elections By District

The 2019 City Councilmembers will represent specific voting districts. Before 2018, voters elected Councilmembers “at large” to serve the entire city. This change will force Councilmember Mike Tracy and Mayor Neal Andrews to retire from City Council. New faces representing the Ventura Avenue and East Saticoy Districts will occupy their seats on the Council.

The Deafening Silence

In the closest thing to providing a vision of Ventura’s future, Mayor Andrews laid out his commitment to “focus on building prosperity.” He plans to support the business community, but he shared no specific policies or initiatives.

Another of Mayor Andrews’s commitments was to “radically increase the city’s technology.” He plans to do this through an improved broadband strategy. He revealed no further details or costs or how to pay for this plan.

Pragmatically Looking Ahead

What we know is Ventura faces specific, severe financial and budgetary challenges, even with the Measure O revenue. What we don’t know is from where the extra funding will come.

Other issues not commented on were:

Ventura will receive less property tax revenue from the 535 houses ravaged by the Thomas Fire.
Ventura can expect lower gasoline sales tax revenue because of trends towards less driving.
Unfunded pension costs will increase another 10%-20% next year.
The recent rains increased road damage on unrepaired streets. Telegraph, Victoria, Wells, and Thompson all show the effect of the storms.
Ventura Water needs an extra $500-$600 million over the next decade for water and wastewater infrastructure. Recent rate increases over the past four years will not cover this shortfall. Water rates will increase again.
Legal costs to defend the city against lawsuits filed in the aftermath of the Thomas Fire will come from the General Fund. The unbudgeted expense could result in higher fees.

Where Is The Vision?

There was one tiny glimmer of vision in Neal Andrews’s address. He said, “We [Ventura] are no longer a quaint little beach town. We’re among the top 10% of the largest cities in California.” Mayor Andrews recognizes 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.

However, Mayor Andrews and the city staff have not shared a future vision. Some may look to a new City Manager to provide a long-term plan. But experience indicates this is wishful thinking.

Rick Cole nearly ruined Ventura financially.

In 2004, the City Council hired Rick Cole. Mr. Cole had a grand urban development plan for Ventura. He spent millions planning to narrow Victoria and make Ventura a “walking community.” His unrealistic thinking nearly ruined Ventura financially. The economic impact will haunt Ventura for decades to come.

Mark Watkins inherited a mess from Rick Cole.

Following Mr. Cole, the City Council hired Mark Watkins. Mr. Watkins did not have the

grandiose vision of Mr. Cole. The City Council employed him as a caretaker. Unfortunately, he wasn’t able to overcome the problems left by his predecessor. He inherited budget deficits. He managed those deficits by not hiring more employees. The remaining city staff he inherited stumbled executing his vision. As an example, Mr. Watkins lack of supervision surfaced when his team fumbled Brooks Institute. That mistake cost Ventura taxpayers over $261,000.

The two new members of the City Council may have a vision, but they are unknown and have no experience.

Editors’ Comments

Ventura is struggling. We’re struggling following the Thomas Fire. We’re struggling financially. We see the struggle in the faces of our neighbors. We see it in the faces of people on the street. We read it social media.

If the city is to move forward, it’s up to us to provide that vision. The government does not create jobs or develop business, nor do we want them to. Government (the City) is the last entity you want to create jobs. The government does better to stay out of the way so businesses may thrive.

What Government can do is create an environment that is favorable for business. They can do so by:

Issuing permits faster
Charging competitive fees (compared to other cities in the county)
Creating acceptable zoning that encourages desirable companies to relocate to Ventura
Identifying desirable industries with high paying jobs
Bringing qualifying business owners to Ventura on a personalized tour of the city

Contact your City Councilmember. We need the revenue to offset our growing needs. Demand a plan to attract more business to the area; preferably ones with better than entry-level jobs. Insist the city assist property owners to fill all vacant commercial property. With jobs, revenues will increase. With jobs, crime will decrease. With jobs, Ventura will prosper.

Demand a Plan From City Council To Attract More Businesses with Better Than Entry-Level Jobs to Ventura

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.

Neal Andrews, Mayor		Matt LaVere, Deputy Mayor
Cheryl Heitmann		Jim Monahan
Erik Nasarenko		Mike Tracy
Christy Weir

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The Council Mustn’t Fail The Victims Of The Thomas Fire

December 17, 2017/in Newsletters/by VREG Editors

The Thomas Fire consumed over 400 residences in Ventura

At the December 11th Ventura City Council meeting on the Thomas Fire, there was total cooperation and support of all City departments, County of Ventura, State of California, Cal Fire and every other state and local agency present and committed to protecting our health and welfare. The heroic efforts are endless and stories of individuals, going above and beyond, will follow for weeks, months and maybe years.

At the meeting, the keywords were:

Patience
Understanding
Closure

Hurdles will be:

Things will not happen as quickly we think it should
Air quality
Toxins
Unsafe partial structures

Several stages will take place before the actual rebuilding begins. In the meantime, all city services, police, fire, public works, water, etc., will continue, giving most of us a sense of returning to normalcy.

Firefighters and first-responders performed admirably during the Thomas Fire

We are utterly grateful for the first responders and thoroughly sympathetic to those who have lost so much. This article is about moving forward.

Take Bold Steps Now For the Thomas Fire Victims

Ventura only needs to look at the recent actions in the City of Santa Rosa, to help prepare for the massive undertaking of rebuilding over 500 new homes.

Taken from an interview with the Santa Rosa Mayor:

Santa Rosa Mayor Chris Coursey surveys the damage from fires in October 2017

‘In 90 days I expect the rebuilding process to be well underway, with at least some homes under construction. The Santa Rosa City Council has established what essentially is a “second” planning department to deal specifically with rebuilding, which will smooth and shorten the permit process to get construction underway faster, and speed the inspection process to help builders keep their work moving.’

In Santa Rosa, the mayor was asked: How is red tape being cut to expedite rebuilding?

‘In Santa Rosa, we adopted our “Resilient City” ordinance to issue building permits over the counter, without extensive review, to anyone wanting to rebuild within their home’s prior footprint.
Design review will be limited to a staff determination rather than requiring a public hearing. Second units will be allowed on the property so homeowners can live on site while rebuilding their homes.

‘And as noted earlier, a separate “Resilient City” planning department has been created to specifically deal with rebuild projects, ensuring that firestorm recovery doesn’t have to compete with the day-to-day planning needs of city government.’

For decades, Ventura is infamous in its slowness to approve and issue building permits. The Form-Based Code concept became known as “Ventura, Building One Project at a Time.” Attempts to change this system have been mostly unsuccessful. It has not been a priority.

We have Sacramento to thank for more of the regulatory hurdles that add to this cumbersome and wearisome process. The City of Ventura may not be able to change the regulations and fiats issued by the Sacramento political folks, but we can change the time it takes to review and issue permits.

A Tale of Two Cities

As an example of sending a mixed message, Ventura Community Director Jeff Lambert told a town hall meeting of Keller-Williams realtors:

“We are looking at least six months before construction can begin. 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. There is no definite timeline at this point, and it would be better to seek a longer lease than a shorter one…”

It is true that Ventura is moving into “untested waters,” but in times of a terrible disaster, business, as usual, is not an option for Local Ventura politics.

We have many experienced and licensed builders, plumbers, electricians and engineers in this City who are qualified to assist in this process.

EDITORS COMMENT

We urge the City Council to immediately:

Modifying and reducing the building permit and fee schedule is a positive step. However, Insurance companies will likely pay building and permit fees. After the rebuild, if the prior resident remains in the house for a year or two, reimbursing those costs may be in order but not as up-front fee elimination.
Require all building plans for single-family homes and related structures to review and permits issued within 90 to 120 days of application.
Allow local Ventura engineers and approved professionals in the construction industry to review and certify that the technical requirements of the uniform building codes have been met, and require city staff to accept these certifications in approving or disapproving plans submitted to building and safety.
Outsource the construction process so qualified professionals may review building plans and to conduct building inspections for better cost efficiency. Hiring more city employees causes long-term costs that are difficult to control and reduce once the projects are resolved.
Contact Santa Rosa city officials to learn from their experience.

Times of crisis require significant measures to address that emergency. The citizens in this community who suffered in this disaster need all the help they can get.

Have An Opinion? Share It With A City Councilmember.

Click on the photo of any Councilmember listed below to email them directly.

Neal Andrews, Mayor		Matt LaVere, Deputy Mayor
Cheryl Heitmann		Jim Monahan
Erik Nasarenko		Mike Tracy
Christy Weir

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Ventura City Council Ignores Practical Issues. Instead Focuses On Trivial Matters.

July 16, 2012/in Newsletters/by VREG Editors

“The office of Government is not to confer happiness,
but to give men opportunity to work out happiness for themselves”
—William Ellery Channing, 1780-1842

VENTURA CITY COUNCIL– CREATING A BIOSWALE BY THE SEA

[WILL SOMEONE GIVE US $400,000,000?]

Our City Council has many practical and immediate things with which to be concerned, but with so many planners they are not known to miss an opportunity to “visualize”. The latest project is to direct city staff to prepare a corridor down California Street and across Highway 101 – to connect the City and the beach.

Capping Highway 101 occupies Ventura’s City Council.

The City Council’s “design team” envisions a project of “covering or ‘capping’ the freeway to connect the downtown area with the promenade along the ocean. Here it is in their words.

“Due to the lack of connection to the beach area for so many years, development has been limited to one parking structure, one hotel and a bunch of parking lots adjacent to an un-activated waterfront promenade.

In attempt to correct the lack of historical vision for the use of this area the design team has studied the possibilities of extending the current city grid all the way to the beach, thus taking the ‘urban experience’ from the foothills to the shore and also capitalizing on opportunities to improve connections with the natural environment. With the potential relocation of the existing parking structure and removing cars, from parking lots with ocean views to new on-street parking, the development potential of the beach front could be dramatically increased. With a reconsideration of current beach-wall and storm water drainage strategies, new development could create beach-friendly dune-based bios wales to soften the transition from building edge to natural beach and also naturally treat storm water.”

“If we don’t dream, we’ll never get there.”

—Jeff Lambert, Ventura Community Development Director

Click here to see the plans and artists rendition.

A CITIZEN’S VIEW ABOUT THE CITY COUNCIL’S PLAN

[How About a Monorail?]

Forgive me for my simple approach to a very complex project but let me get this straight.

City Council fixates on connecting the beach to downtown.

The major reasons to covering the 101 freeway, is connecting the beach community to the downtown and making Ventura more pedestrian friendly. Estimated costs are in the neighborhood of $400 million. I am told that Ventura is going to “lobby” the state to find funding for this project. When you talk about funding, state, Federal, county or city, you are talking about yours and my “wallet”. Just because it is State or Federal funds does not change the fact that it is not “free money”, and it is yours.

Then balance a $400 million project with the benefits. How long will it take to generate $400 million in NEW (tourist, sales tax, etc.) revenue to cover the costs? Other than the Crown Plaza and downtown merchants, does the harbor, Pierpont, midtown or east end really benefit? Does the state even have the funding to build this project? We understand that limited city resources have gone into this project and Southern California Association of Governments funded a $160,000 study but once this is spent, the community will continue to feel committed to continue this project.

So, how many more resources and money will continue to be committed? Will it really be a tourism draw or just another “feel good” pipe dream that someone wants to place their name on a dedication plaque? Will it become another “beautiful downtown golden mall” project that Burbank built in the 60s and demolished 22 years later?

If you really want to be a visionary, build a monorail from the Harbor to Pierpont to downtown. Improve the transportation over a much larger area, become a tourist attraction, generate new permanent jobs and save millions in the process. Just look at Seattle. Built in 1962, the monorail draws over 2 million riders a year. Truly, if you want to spend millions, bring in something that will cover a much wider area of Ventura, something that will attract visitors and something that will add jobs.

THE BLUE BELCH

[THE DOG POLICE STRIKE –WHERE ARE YOUR PAPERS ?]

Ventura City Council is more concerned with dog licenses than it is with fixing roads.

A local radio station, AM 1520, recently went on the air concerning the subject of “chickens, Planning Commission and the City Council”. During the program a Ventura citizen called in to report his animal experience. The report is noted below. The folks at Ventura Animal Control earn the coveted BLUE BELCH AWARD from VREG.

The caller reported that the dog police knocked on his door early Sunday morning and demanded to see a license and rabies vaccine papers for his pooch. The dog owner was shocked and taken by surprise. So he allowed the official to come inside and see the papers. As it turned out, the dog owner had the rabies vaccine papers but not a license and he bought one on the spot. The dog owner did not say that the enforcement officer advised him of his 4th amendment rights. When the officer left the home, the dog owner said “You know, this reminds me of pre-war Germany, people knocking on doors and demanding papers”.

Editors’ Comments

To state the proposition that our City might find a stray $400,000,000 from a bankrupt state government is to demonstrate its absurdity.

Editors:

R. Alviani K. Corse T. Cook

J. Tingstrom R. McCord S. Doll

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Grand Jury and City Code Enforcement Abuse

May 1, 2012/in Newsletters/by VREG Editors

John Locke talks about code enforcement tyranny

WHEREVER LAW ENDS TYRANNY BEGINS
—John Locke, 1632-1704

CODE ENFORCEMENT AS A REVENUE STRATEGY FOR VENTURA

This edition of Res Publica is not a typical VREG topic on City finances because it pertains to a recently published Grand Jury report; however, since the report addresses the aggressive collection of fees and charges by Code Enforcement, motivated by the need to raise more revenue, it is important to bring the details of that report to your attention as a citizen. It is also extremely important for all of our citizens to know how others in our community are treated by the City Manager staff, who constantly remind us of their transparency, fairness and a sense of partnership with all citizens.

GRAND JURY INVESTIGATES CITY OF VENTURA

[THE SHERIFF OF NOTTINGHAM IS BACK]

Bully is the byword of Ventura Code Enforcement officers.

The 2011-2012 Ventura County Grand Jury opened an inquiry into the practices and fee policies of the City of Ventura and its Code Enforcement group regarding second dwelling units and non-dwelling structures for the period of 2009 through the present time, and have issued a report condemning the Code Enforcement practices.

The investigation started numerous citizens complained of:

Aggressive enforcement actions
verbal threats from code enforcement officers
unauthorized searches
threatening documents
preferential treatment
unfair appellate system
arbitrary enforcement decisions holding current or successive property owners responsible for permits not obtained for work done prior to their ownership
City Council and City Manager trying to raise more revenue through fines and higher permit fees to balance their budget

CODE ENFORCEMENT HISTORY

The backdrop for this started in 2008-2009, when the City began experiencing the financial impact of declining revenue, including revenue losses in Building & Safety and Planning. Faced with reductions in sales tax revenue, like all cities, this council compounded our revenue problem with a spending problem. Those spending decisions have come back to haunt us. As a reminder here are a few examples:

$1,000,000 for a study to narrow Victoria Avenue
Council enacting a 911 tax that had to be reversed
A failed election effort to raise sales taxes
Council’s waiver of $1.5 million in payment of permit fees, which should have been paid to Building & Safety for the WAV construction project
Lending $2.5000,000 to the WAV developer, and then subordinating that loan to a CHASE loan on the same property. If CHASE elects not to extend their note again and forecloses on the 13 condos in this project that money is gone
Unfunded pension liabilities for police and fire of $42,288,412. That does not include the cost of the unfunded benefits for all other employees, which is approximately $20,000,000
In 2014 the City will have to pay CALPERS another $19,488,000, on top of payroll costs of $48,000,000, for a total of $67,488,000. That is 80% of our total annual general fund income

CODE ENFORCEMENT – A SYSTEM OUT OF CONTROL

Intimidation is code enforcement's tool in Ventura

Ventura Code Enforcement officers use intimidation, according to the Grand Jury.

The Grand Jury pursued an active investigation of interviewing citizens, government employees and reviewing historical documents. The evidence and testimony of witnesses in such investigations is, by law, privileged and cannot be disclosed. This report is an indictment of a system out of control. Here is an even dozen out of 44 facts which the Grand Jury found to be true:

The Code Enforcement officers were aggressive and used intimidation to gain authorized and unauthorized access to properties in the City
Code Enforcement badges are designed to look similar to the Ventura Police Department badges. Code Enforcement officers are not peace officers
Ventura Code Enforcement officers intimidate and bully property owners

Code Enforcement officers claim to have more power than police officers relative to property matters
Code Enforcement has acted on complaints that appear to be retaliatory in nature against neighbors
The Chief Building Officer made recommendations and reports to the City Council to increase inspections, adopt regulations and programs to increase fees
The City Community Development Department (Jeff Lambert) and Code Enforcement (Herr Stauffler) hold current property owners liable when no permit is found, for any work performed, even for work prior to ownership
City permit and inspection record keeping responsibility is placed on the property owner by Code Enforcement staff. There is no legal requirement for property owners to retain such permits or maintain records
The City lost and/or misfiled permit(s) and inspection records
The City has some damaged and unreadable permits
The previous Code Enforcement fees are arbitrary and have little monetary relationship to the cost of services
The City considers the new code enforcement fees are not a tax. The Building & Safety Department permit and inspection process had been funded by the General Fund. The same inspection activities are now performed, except the funding comes from the new permit fees — charged to property owners that build or modify structures
The City stated that finding more code violations does not have a direct financial impact on the Code Enforcement group, but does significantly raise the permit fees for Building & Safety, and likely saves Code Enforcement jobs

Read the full text of the Ventura Grand Jury report here. For more, click here.

CITY OF VENTURA RESPONSE TO GRAND JURY REPORT ON CODE ENFORCEMENT

[LET THEM EAT CAKE]

The City administration published the following response:

“The City of Ventura and its City Code Enforcement staff are committed to preserving and promoting the safety of all who live, work and visit our community. City Manager Rick Cole has reviewed the Grand Jury’s report and acknowledges their suggested policy recommendations.

It should be noted that the report includes no specific example of the problems cited, nor any new information beyond the complaints publicly aired before the City Council and the Safe Housing Collaborative going back several years. Those concerns have been the subject of extensive Council and staff discussion and action, which have already resulted in changes to the City’s approach in promoting and enforcing the health, safety and zoning codes. It should also be noted that despite the public play of a few complaints, the City’s approach to code compliance is compassionate and patient in working with property owners.”

Editors Comments:

The response by the City to this report clearly demonstrates their lack of understanding, or constitutes a brazen and irresponsible attempt to obfuscate the truth when they state “the report includes no specific example of the problems cited” – in other words it is ”vague”.

A grand jury’s historic function, serving as a quasi-judicial body is to determine if there is probable cause to believe a crime has been committed and to protect citizens, including the obligation to “investigate and report on the operations, accounts, and records of a city’s officers, departments and functions…” They also have the duty to “inquire into the willful or corrupt misconduct in office of public officers of every description”.

Alan Rickman as the Sheriff on Notingham

The specific evidence and the identity and testimony of witnesses during a Grand Jury investigation are privileged and cannot by law be disclosed to anyone unless and until an indictment is issued. Their proceedings are conducted in private, and their reports are reviewed by County Counsel, or the District Attorney. For the City to now suggest that the report is without merit because it does not mention specific examples of wrongdoing or names of witnesses interviewed is ludicrous. Does the City staff really believe they are entitled to know the names of the people they are accused of intimidating, or whose properties were the subject of an illegal search?

City government and Code Enforcement officers serve a valuable and important service to our community, until they start acting like the infamous Sheriff of Nottingham, of Robin Hood fame, who was notorious for his use of force, intimidation, abuse of power and excessive punishment of the citizenry.

Editors:

B. Alviani K. Corse T. Cook

J. Tingstrom R. McCord S. Doll

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