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Irresponsible With Your Money On The Clean Power Alliance

July 30, 2019/in Newsletters/by VREG Editors

When in doubt, don’t.

—Benjamin Franklin

Thank the Councilmembers Cheryl Heitmann, Christy Weir, Lorrie Brown and Sofia Rubalcava for higher electrical costs, higher water, and wastewater rates. Also thank them for less police protection, fire safety and street paving, all so the City Council can save face and make all residents’ environmental champions.

Every citizen will now pay far more for electricity than if they stayed with Southern California Edison. The City Council had the option to keep your rates the same, but they didn’t. Too bad, because citizens will pay the increase and they will not get a vote.

When Choice Is No Choice At All

The City Council voted to enroll the entire city in the Clean Power Alliance program by a 4-2 vote on February 26th, 2018. During that meeting, our acting City Manager repeatedly advised the Council members they should wait because of financial uncertainties and undetermined costs.

They rejected the City Manager’s advice. Only Mayor Andrews and Councilman Tracy agreed with the City Manager’s recommendation and voted no. The other four members of the Council (Ms. Heitmann, Ms. Weir, Matt LaVere and Erik Nasarenko) committed the entire community to pay the additional costs for 100% for renewable solar energy.

In October 2018, the same four Council members (Ms. Heitmann, Ms. Weir, Mr. LaVere and Mr. Nasarenko) approved a contract with the Clean Power Alliance (CPA), enrolling every citizen and all city accounts in Ventura into the Clean Power CPA, in place of Southern California Edison. However, you were always free to reverse what the City Council decided if you took steps to opt-out. Otherwise, the change took effect in February 2019.

Remember, at the time the City Council voted to approve the Clean Power Alliance they didn’t know what it was going to cost. They committed the entire city to higher energy costs without knowing what those costs were going to be.

Who is the Clean Power Alliance?

The Clean Power Alliance is a 2-year-old electricity provider in Southern California. They claim to bring clean, renewable energy at competitive rates. They compete with Southern California Edison (SCE), which has been around for 111 years and has been continually working on renewable energy for over ten years.

The City Council bought into the Clean Power Alliance’s message. You were “automatically enrolled in 100% Green Power which provides 100% renewable energy,” allowing all “residents to be environmental champions, leading the way to a greener future.”

You’re In Unless You Opt-Out

You were in the Clean Power Alliance unless you opted out. To opt-out, you needed to go to cleanpoweralliance.org, or call 888-585-3788. Whichever method you chose required your last utility bill and your SCE account number. Without those, you got nowhere. If you opted-out by telephone, you spent considerable time listening to recordings, ad nauseam, extolling green power’s virtues.

Six Months Later, The City Manager Learns The CPA Power Costs Are Greater Than Expected

In June 2019, the circumstances changed with the Clean Power Alliance. The cost of “green energy” went up—a lot. City Manager, Alex McIntyre, requested that the Council opt-out of the CPA program and return to SCE for the “high user accounts” of the city (like the street lights). Residents would remain enrolled in the 100% increased renewable rate with the CPA.

The Clean Power Alliance Weighs Down Homeowner’s Bugdets

He recommended returning to SCE for at least a year until more was known. He demonstrated that the costs to large energy use accounts within the city, such as street lighting, water, and wastewater, are 20.8% greater than represented a year earlier. The total increase in costs for these high user accounts could be an additional $571,476.

After a lengthy discussion, filled with rampant confusion, misunderstanding, and punctuated with illogical statements, four members of the Council (Mses. Heitmann, Weir, Brown and Rubalcava) rejected the City Manager’s recommendation. These four voted that all of the smaller city accounts would remain in the CPA program at 100% green power. As for the six large City accounts, they voted to opt-out the street lighting account, and reduce the other large accounts to the 36% wind rate.

The result is that City government will be paying $228,086 more for electrical power through the CPA program than they would have paid through SCE. Of that number, water and wastewater account will be paying $157,148. What’s more, they didn’t know the actual costs when they voted.

As for what residents will pay, the City Council confirmed that they would stay in the program at the 100% rate.

That gives all residents “the opportunity to be environmental champions, leading the way to a greener future.”

What Impact Will The Clean Power Alliance Decision Have?

The costs of participating in the Clean Power Alliance are becoming more visible, and it’s hurting the city. Southern California Edison increased its rates to the CPA, who is now passing those costs on to Ventura. The timing of the rate increase pressured the City Council into making a rushed, imprudent fiscal decision.

In the 11th hour, our solar power provider was now going to substitute wind power for solar and presented a $228,086 rate increase to power city departments. All of this came on the same evening that the City Council gave final approval to the 2019-2020 budget. Now this $228,086 increase, at a minimum, will shortchange police, fire and street paving, all so the city can have wind power.

Police, Fire and Street Paving Gets Shorted

Councilman Jim Friedman got it right when he voted no. When he expressed that, “The budget is $3.5 million in the red now, and this just makes it worse.” By voting to pay more to the CPA—money the city does not have—city services will suffer. Your streets won’t get paved. The city doesn’t hire a police officer. Your water and wastewater rates increase. The police and fire departments don’t respond in time to save a life. If any of these things happen, you only need to look to four members of our City council for their budget decisions. (Mses. Heitmann, Weir, Brown and Rubalcava)

The city staff recommended opting out for one year until Ventura got a clearer understanding of what their fiduciary responsibilities would be. The City Manager recommended the City Council opt-out for one year. Councilmembers Heitmann, Weir, Brown and Rubalcava disregarded the staff’s recommendation to protect past votes to join the Clean Power Alliance. They voted to “save face” over the public’s interest.

Making Your Decisions for You

The City Council chose your electricity provider for you. In so doing, they shifted the burden of “Green Power” to every homeowner in the city. So, if you did not opt-out, you’ll pay higher electricity bills. We should resent the City Council forcing this upon the community. The CPA program should be a decision for each citizen to make. In this case, the government effectively enrolled everyone automatically without any consent from the citizens who will be paying the bill.

Four members of the City Council (Heitmann, Weir, Brown and Rubalcava) were caught up in the “Save the Planet” message and hysteria. They believed that recyclable energy is the better choice, regardless of the cost. The Council should have taken a more cautious approach with an unproven, start-up company offering power whose benefits and costs are unknown. Instead, they let ideology cloud their decision instead of being fiscally prudent with taxpayer money.

Editor’s Comments

Should Ventura be concerned about a City Council that doesn’t plan, and spends money they don’t have? So far, they act with an attitude that ‘we’ll find the money somewhere.’ Obviously not from their pockets.

The highway to Hell is paved with good intentions. The City Council would do well to remember that. The city’s finances can withstand fiscal irresponsibility because of the Council’s financial ignorance only for so long. A day of reckoning is coming. Ventura faces six years of negative budgets. Perhaps that day is sooner than the City Council realizes.

As citizens, we must ask, “How long will we live with the Council’s bad financial decisions? For how long will we accept Councilmembers with political agendas that disregard city staff recommendations to make a ‘statement’?” Should Ventura be concerned about a City Council that doesn’t plan and spends money it doesn’t have?

Carefully examine your expenses and your beliefs to determine if the Clean Power Alliance is for you. If not, opt-out.

Moreover, when you go to the polls next November, do not reelect Councilmembers who exhibit no fiduciary responsibility with your money.

It’s time we examine our City Council’s performance and ask why they do the things they do. If we don’t diligently watch our money now, there may not be any money to watch in the future.

2022 Addendum

The Clean Power Alliance published its annual price comparison to Southern California Edison. The CPA costs more for electricity at every level of clean energy than SCE for a typical Ventura resident. If you’re concerned about saving money, opt out of the CPA using the contact information above.

Demand More Fiscal Responsibility On The Clean Power Alliance

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How The Right Steps In The 2019 Budget Make Your Tomorrow Better

June 18, 2019/in Newsletters/by VREG Editors

“Giving money and power to government is like giving whiskey and car keys to teenage boys.”

—P.J. O’Rourke

Ventura faces severe revenue shortfalls in six of the next seven years, the size of those during The Great Recession. Ventura is on pace to lose over $9.07 million over the next six years. You should be concerned about the financial conditions in the City of Ventura, and you should also know this budgetary crisis is avoidable if the City Council acts this year.

Ventura’s General Fund Financial Outlook For The Next 10 Years

Ventura city staff calculate the city’s revenue and expenses for the next ten years [see graphic]. Costs will exceed income for six consecutive years beginning in the fiscal year 2020-2021—that’s next year.

Pensions are the main reason for the rise in expenditures. Annual pension costs will climb to $31.48 million from $19.71 million by the fiscal year 2025-2026. That’s an $11.63 million increase. The city projects property and sales taxes to increase by only $10.6 million over the same period. Not a rosy outlook.

Next year (the fiscal year 2020-2021), Ventura faces a $2.52 million deficit because of the $2.17 million in rising pension costs.

The city staff estimations are optimistic. They do not factor in a recession, which some believe is imminent. If a recession comes, people will lose jobs. Also, if a recession hits, property and sales tax revenues will suffer and projected losses may be even worse. What’s more, the city plans to add no money to reserves in the fiscal year 2019-2020. Current reserve levels for the City of Ventura will keep the city government running for only 45 days.

Wasn’t Measure O supposed To Save The Budget?

Measure O passed three years ago and will continue for the next 22 years. It brings in $10.8 million in additional sales tax revenue each year. Still, it isn’t enough to cover the projected shortfalls. Why is that?

There are several reasons why Measure O can’t save the city’s budget. First, there is no consensus among the City Councilmembers about how to use Measure O money. Alex McIntyre, Ventura’s new City Manager, asked all seven Councilmembers individually how they would spend it. All seven Councilmembers gave differing opinions on how to use the Measure O taxes. Without clear direction, it’s difficult for the City Manager to focus the city staff on what’s most important for our city. Confusion over Measure O is one example of how the City Council is dysfunctional on the budget’s priorities.

A second problem is how special interest groups lined up to get their share of Measure O. At the May 20^th City Council meeting, Councilmembers Lorrie Brown, Jim Friedman and Mayor Matt LaVere tried to move funds from Measure O to the General Fund for Fire Station No. 4. The Star report said the Fire Department union members felt insecure (sic) about Station No. 4 funding coming out of a temporary tax fund. (The tax lasts for 25 years)

In 2016, The City Council sold Measure O to voters with the promise that Fire Station No. 4 would remain open with its funds. Voters agreed to the idea of a temporary 25-year tax. VFD is now trying to persuade the City Council that when Measure O expires, there may not be funding for Fire Station No. 4. They fearmonger that response times to calls will increase, and lives could be lost. A 4-3 vote defeated the motion.

While this City Council takes precious time debating moving funds from one column to another, the growing unfunded pension obligations put pressure on the entire city budget, even with Measure O.

The Canaries In The Coal Mine

Economic disasters are all around us. There is no reason to think that Ventura is immune to them. The City of Oxnard is preparing to lay off hundreds of employees. They also plan to close a fire station and reduce the number of fire personnel available to respond to emergencies. The Oxnard City Manager says, “We are down to bare bones.” What’s happening in Oxnard is a preview of what could happen in Ventura unless the City Council acts quickly.

Ventura County Medical Center is losing over $40 million per year. That adds more unemployment to our community. With the City of Ventura own forecast of financial shortfalls, the City Council would do well not to ignore the economic disaster warning like ‘a canary in a coal mine.’

How Do We Fix The Budget?

The budgetary crisis is entirely avoidable if the City Council acts now. The solutions are simple, but they are not easy. It requires significant political will and resolve.

Improve The Budgeting Process

Currently, the City Council approves the city’s annual budget one year at a time. It doesn’t consider subsequent years’ financial demands. Given that the 10- year forecast shows losses for the next six years’ budgets, to ignore the next six years will be pushing the problem “down the road.”

Now is the time to change this systemic shortsightedness. City Councilmembers have the opportunity to discuss budgeting on at least a 3-year basis, not one year at a time.

Not Filling All Open Positions In City Hall

To balance the budget over the next six years, the city staff has two potential solutions. They can increase revenue through taxes and fees or reduce expenses. Since it’s not easy or popular to raise taxes and fees, the alternative is to cut costs.

The single largest expense category is city employees. Cutting staff is the obvious choice to reduce expenses. To avoid the unpopular cutting of current employees, the City Council can take a less unpleasant path and cut positions in the budget that the city never filled.

There are currently sixty unfilled positions at City Hall. If each vacant position costs the city $100,000 per person (salary, overtime, retirement and benefits), the cost to budget for these open positions adds to the projected deficit (losses).

If the city reduces the unfilled positions to thirty instead of sixty, the savings to Ventura would be $3 million per year. A $3 million reduction in expenses will balance the budgets for the next six years.

This decision puts the City Council on the horns of a dilemma. Should they hire all sixty positions now and later fire employees during the budget shortfalls? Alternatively, should they hire only thirty people knowing they can add personnel if the city’s economic situation improves? Eliminating unfilled staff positions is less disruptive to city government than laying people off.

Economic Development

An alternative toward improving the budget is to attract new or expanding businesses to Ventura. Several Councilmembers understand this and agree. More business and local jobs are the best solution for filling the budgetary shortfalls. More jobs generate more sales tax, encourage community spending and increase property values. Higher property values increase property taxes and reduce blight.

Imagine the stimulus to the community of filling the old Star Free-Press building or the Toys-R-Us location would have.

The city has already taken the first step in this direction. City Manager, Alex McIntyre, has moved the Economic Development division under the City Manager from under Community Development. Elevating the reporting of this department to the City Manager signals the increased importance economic development has for the city.

Empower The Economic Development Manager

Another simple step the city could take would be to empower the Economic Development Manager (EDM). The EDM must have readily available an inventory of all commercial locations, complete with square footage, zoning, parking, pricing, and a list of commercial real estate agents and contact information.

The City Council must be ready to provide incentives to new or expanding businesses. The incentives must include fee reductions and process simplification to entice the companies. One such motivator must be a single contact within the city who will guide the relocation process through the bureaucracy.

Finally, the EDM must identify and target new commercial business to locate in Ventura.

Each of these positive steps toward economic development has one drawback. They are long-term solutions. None of them will happen quickly enough to fix a budget by next year.

Streamline the City Hall Experience

The city has started reorganizing boards and commissions that oversee Planning, Design Review, Historic Preservation, and other committees filled by residents appointed by the City Council. While this is a good start, it must go further.

Reducing boards and commissions saves staff time in preparing and attending meetings. The staff attends about 20 meetings a month. Fewer meetings will allow more time for the employees to better supervise operations in planning, design review, code enforcement, etc.

The city must look at other ways to reduce staff time in other duties—especially if the city hires only thirty of the sixty unfilled positions. All staff operations should be scrutinized to end obsolete or redundant activities.

Revamp Ventura Fire Department

Now is a good time to modernize the fire department. Ventura Fire operates in much the same way it did 100 years ago except the needs are far different:

Building codes are stricter making fires less frequent
More buildings have sprinkler systems
Over 75% of calls are for paramedics

Each fire station has paramedics on duty to serve those calls. In addition to Ventura Fire, each medical emergency requires an ambulance from a private company in case a victim needs transporting to the hospital. Rolling a fire truck plus an ambulance seems like duplicated efforts.

Any change to the Fire Department would likely be unpopular with the public. That makes it a subject considered by Councilmembers, to be too controversial to discuss. The fire department union will become protective of their fellow firefighters and will want to preserve the status quo.

As they have in the past, the unions will apply pressure to the Council. Since four of the seven elected Councilmembers received campaign contributions from Ventura Fire in their last election, the politicians will likely concede as they have in the past. Ventura Fire Department needs reorganizing. Now is the ideal time to do it.

Editor’s Comments

The community will not support another tax rate increase. Pension costs already absorbed the entire $10.8 million raised by Measure. Still, citizens ask why the city doesn’t repair their streets and sidewalks. We can’t hope for an economic miracle to increase revenue, so the city must take steps to curb expenses. Ventura must:

Lower expenses by not filling all open positions at City Hall. Add those costs back into the budget
Design and target new commercial businesses to locate in Ventura
Offer incentives and fee reductions to bring more jobs to Ventura
Streamline the City Hall process and operations to reduce staff time. It will accelerate the processing time for building and licenses
Streamline medical response procedures within Ventura Fire. Find ways to reduce fire department costs for those calls. Dispatching a private ambulance and fire trucks with paramedics every time is expensive
Hold in-depth discussions at the City Council to expand budgeting to a 3-year basis, not one year at a time

INSIST THE CITY COUNCIL MODERNIZES THE BUDGET PROCESS

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Why Breaking Up Committees And Commissions Is Important

May 20, 2019/in Newsletters/by VREG Editors

“A journey of a thousand miles begins with a single step.”

—Lao Tzu

For the most part, nobody noticed the change. Ventura voters paid little attention to the City Council’s revamped process for committees and commissions. That’s too bad because the new process is the first step towards improving the city.

Voters elected a new City Council in 2018 seeking bold changes in the way Ventura operates. The Council designed initiatives to save city staff time and money. Because of the revamped process, Ventura will become more business-friendly. Moreover, the new procedures will make it easier for residents to improve their homes.

Unlike in the past, the Council recognizes that the development process is cumbersome. There are too many planning and review layers to navigate and not enough certainty. Mayor Matt LaVere called the system sick and in bad need of surgery. The Council is breaking down decades of ineffective planning, permit processing and internal red tape.

Proposed Changes To Committees And Commissions

The Council has proposed some significant changes. They include:

Streamlining, improving and simplifying the current design review process.
Disbanding the Historical Preservation Committee. Replacing it with staff review and, where needed, outside consultants.
Allowing each council member to appoint her or his own Planning Commission member. The commissioner’s term would run concurrently with that of the elected official.
Merging the Cultural Affairs, Library Advisory and Public Arts commissions. Three members of each commission stay on to form a nine-member board.

The Most Notable Change

The most significant change is the appointment of Planning Commissioners.

In the past, the City Council Appointments Committee interviewed Planning Commissioners. The Appointments Committee comprised of three Councilmembers. If approved, the committee recommended the prospect to the full City Council. When approved, each appointee was sworn in to serve for four to eight years, or longer.

Under the proposed changes, each City Councilmember will appoint a Planning Commission member. Commissioner terms would run concurrently with that of the elected official. The appointing Councilmember may replace them at any time during their tenure.

Increased Accountability For Committees And Commissions

Every Planning Commissioner would be accountable to the Councilmember who appointed him or her.

Currently, the commissioners are unelected and unanswerable layers in the process. Some viewed their role as gatekeepers or an all-important citizens’ overseers. Rarely, if ever, was an appointed commissioner removed by the City Council. Entrenched commissioners support their boards but do not answer to anyone and suffer no consequence if their agenda is different from that of the City Council.

Under the new structure, each commissioner would be responsible to an individual City Councilmember whom we elected. It is less likely they will obstruct progress.

Increased Efficiency

The proposed system eliminates duplicated efforts. It also saves the city staff time in unproductive meetings.

City staff will assume the responsibility of the Historical Preservation Committee. Combining the Cultural Affairs, Library Advisory and Public Arts Commissions reduces three meetings down to one.

City staff spends time preparing, attending and summarizing the findings for these meetings. They will no longer need to do so under the proposed changes.

Cost Neutral

The new system offers less duplicated effort, fewer meetings and allows the staff to do more work. City staff will spend less time in meetings. They will save the time they’d otherwise spend preparing for, attending and summarizing the meetings.

It costs the city more to have staff acting as the Historical Preservation Committee. The increase in personnel cost is offset by the cost savings from eliminated meetings, in any case.

Feeble Objections

The proposed changes don’t please everyone. The immediate resistance came from some existing committee members and commissioners. There are two main objections. Some complained about the process. Others believe there will be less transparency and citizen involvement.

Those annoyed by the process claim the city should have notified members in advance about the change. They assert that the staff did not inform the commissions or seek input until after the fact.

Committee members and commissioners serve at the pleasure of the City Council. It’s unimportant if the Council or city staff notified them in advance of proposing any changes.

Others feel the new process will reduce the number of voices participating. The criticism is unfounded. All the committee and commission meetings are open to the public. Any interested citizen can attend and take part. That includes all ex-committee or ex-commission members.

Editors’ Comments

The City Council acknowledged Ventura could improve. They’re taking steps to change that; starting first with the committees and commissions. No one knows what impact these changes will have. What we do know is that doing the same thing and expecting different results will not work.

Supporting these recommendations may move Ventura forward. We applaud the Council’s effort to infuse more responsibility into city government. The new initiatives will improve transparency.

WRITE THE CITY COUNCIL TO SHARE YOUR OPINION ON THE CHANGES TO COMMITTEES AND COMMISSIONS

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What You Missed In The 2019 State-Of-The-City Speech

April 22, 2019/in Newsletters/by VREG Editors

“The great enemy of the truth is very often not the lie…but the myth, persistent, persuasive and unrealistic.”

—John F. Kennedy

Mayor Matt LaVere filled his 2019 State-of-the-City address with images of a utopian Ventura. Unfortunately, it lacked specifics on addressing Ventura’s most pressing issues.

The mayor laid out his seven goals for 2019-2020. His vision included several goals that his predecessors didn’t achieve. Six of the seven were unmeasurable. What’s more, many goals are mere rhetoric and very little substance.

VENTURA’S HOMELESS CENTER

Topping the mayor’s list of priorities was opening a permanent, full-service homeless shelter by December 31, 2019. The date gives this goal specificity. Opening the center doesn’t begin to solve the problem, though. Mayor LaVere and the City Council equate opening a homeless center with improving Ventura’s homeless situation. They are not the same thing.

Homelessness has risen the past three years to 555 persons from 300 in 2016. In that time, the city has increased spending on the homeless. The problem continues to grow despite spending more tax money to solve it.

The Council and city government are hoping the new homeless shelter will stem the tide. A closer look at the facts, though, shows their hope is not well-founded. There will be 55 beds, and it will cost Ventura $712,000 per year. Filling every bed will still leave 500 homeless persons on the street. The shelter will serve only10% of the homeless population.

What’s more, the City Council conflates opening the center with helping the homeless. The goal shouldn’t be to have beds available. That’s an intermediary step. The goal should be to get the homeless off the street and return them to a healthy way of life.

The real solutions to homelessness—a very complex problem—was missing from Mayor LaVere’s vision. There are examples of successful programs in other cities. Looking at successful programs, like the one in Providence, Rhode Island, would be a step in the right direction.

UPDATE THE GENERAL PLAN

The second goal was to reinitiate the General Plan update. Ventura city government will conduct public outreach throughout 2019. Other than holding several long-overdue citizen input meetings, the outcome will be unmeasurable.

The city must try new, innovative ways to reach citizens. Otherwise, it will miss valuable input. Young people are most likely to be underrepresented. Our younger citizens are generally absent from public meetings. Yet they will live with the consequences of the General Plan.

The mayor and City Council are relying upon the voters to be content that the city was doing the outreach.

ECONOMIC DEVELOPMENT

The third goal is to create a comprehensive economic development strategy. The strategy would include several key focus areas, including:

Auto Center and Focus Area 1
The Johnson Drive corridor. Mayor LaVere cited the North Bank Apartment project as an example.
Front Street. The mayor wants to turn it into Ventura’s version of Santa Barbara’s Funk Zone.

Missing from the address is the vital fact that economic development begins with other people’s money. It takes investors willing to put up the capital to improve the business environment. How will the City of Ventura invite and welcome investors who want to start or move their business in Ventura?

Santa Barbara’s Funk Zone succeeds because the city made it easier to rebuild in the area. Developers lament that Ventura’s city government makes it difficult to do business. Stifling regulations, fees and planning delays force investors to look elsewhere. The new economic development plan should have one single goal to stimulate growth. Force the city to review, streamline or remove building codes and regulations wherever possible.

VENTURA BEAUTIFUL

Mayor LaVere’s fourth goal is to beautify the community. He wants to end what he termed “blight.”

Like the economic plan goal in the 2019 State-of-the-City address, this goal relies on “other people’s money.” Homeowners must invest in eliminating the so-called blight. There is no compelling reason for property owners to reinvest in some properties. The same stifling regulations and fees that deter investors hurt homeowners, too.

Following the Thomas Fire, the city reduced the building permits and fees for rebuilding. If the mayor is serious about improving blight, offer similar reductions to anyone enhancing their property. That would be measurable.

COASTAL AREA STRATEGIC PLAN

The fifth 2019 State-of-the-City goal is also unmeasurable and unspecific. Mayor LaVere says we must develop a Coastal Area Strategic Plan. He contends we need this because of climate change. He offered no further details.

The same faults of gaining input for the General Plan apply to the Coastal Area Strategic Plan. Find ways to reach all citizens.

BUILDING COMMUNITY

Mayor LaVere’s sixth goal is for the Ventura community to come together by building parks. Building community was a goal of both Mayor Erik Nasarenko and Mayor Neal Andrews. Three years and three administrations later, this goal remains.

The mayor hopes to achieve this goal by building community parks. The Westside Community Park set the model. Mayor LaVere’s first target is Mission Park.

Like the other goals, rebuilding Mission Park lacked specifics, budgets, timelines or measurable results. Moreover, this plan has one fault the others don’t have, public safety.

Mission Park is home to a growing number of Ventura’s homeless population. To prepare the area, the homeless must move elsewhere. The 55-bed homeless shelter isn’t the solution. Also, even if we scatter the homeless, there are safety issues. Someone would have to clean the discarded needles, drug paraphernalia and human waste from the park.

STOPPING THE BLEEDING

The need for key personnel is a huge problem. To fulfill any of our mayor’s goals requires adequate staff. The final 2019-2020 goal is to stabilize and strengthen our city government. The city has eight unfilled, critical managerial positions and dozens of vacant jobs. The city will achieve none of the other ambitious goals if there aren’t enough workers at City Hall.

We know this is City Manager Alex McIntyre’s responsibility. In February, he requested six months to fill those positions. Four months remain. He needs time to recruit qualified people and offer competitive compensation. We hope Mr. McIntyre will fill those roles soon, but if he doesn’t, how will the City Council help and support him?

EDITORS’ COMMENTS

This year’s 2019 State-of-the-City speech was platitudes, a utopian vision and fuzzy logic. Those may have worked when we were a quaint beach town, but they don’t work today.

These are challenging times for the city. An understaffed government is trying to do the people’s work, but it’s hard. Issues like homelessness, economic development and community building, are secondary to the daily duties.

Mayor LaVere presented his vision of what Ventura could be. Unfortunately, he may have made promises his administration can’t keep. Worse still, his optimism lacked specifics and failed to address Ventura’s most pressing issues: employee retirement costs, water costs and public safety. Nonetheless, if the commitments are vague enough, no one will be able to measure if we keep them or not.

FORCE THE CITY COUNCIL TO BE MORE REALISTIC WITH ITS 2019 STATE-OF-THE-CITY GOALS

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

March 26, 2019/in Newsletters/by VREG Editors

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

—Harry S. Truman

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

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

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

THE REAL ISSUE

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

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

SO HOW DID WE MAKE THIS ABOUT DRINKING WATER?

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

DPR IS NOT APPROVED OR SAFE

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

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

SO WHERE IS STATE WATER IN THIS PLAN?

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

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

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

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

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

WHY THE DELAY IN SEEKING TO EXTEND THE DEADLINE?

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

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

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

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

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

EDITORS COMMENTS

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

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

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

NOTES ON WATER AVAILABILITY

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

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

MAKE THE CITY COUNCIL INSIST ON ACCURATE INFORMATION FROM VENTURA WATER

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Ventura Water Has A Wonderful Opportunity To Be More Transparent

February 5, 2019/in Newsletters/by VREG Editors

“The single biggest problem in communication is the illusion that it has taken place.”

— George Bernard Shaw

In Ventura, the city staff uses the Brown Act to do precisely the opposite of what lawmakers created it to do.

The California Brown Act guarantees the public’s right to attend and take part in meetings of local legislative bodies. Legislators designed it to end “back room” deals and bring local government out into the open. Ventura Water uses it to throttle the flow of information instead.

Oversight By The Water Commission

Ventura established a Water Commission to advise Ventura Water. The Commission is to review and make recommendations about:

Water rates
Water resources infrastructure projects
The integrated water resources management plan
Water supply options
The Urban Water Management Plan approval process
A water dedication and in-lieu fee requirement
Other water resource issues

Before the Commission, Ventura Water operated with little oversight. Even with the Water Commission, it continues to control all meeting agendas and minutes. At best, this restricts the flow of information to the City Council. At worst, information flow is non-existent. The City Council doesn’t receive any meaningful information that may help with their future choices.

Here is how Ventura Water does things today:

Ventura Water’s General Manager and the City Attorney make and approve all agendas. The Commission can only discuss agenda items at the meeting. Any deviation may violate the Brown Act.
The General Manager controls all minutes for all sessions. Minutes reports only action items, eliminating the record of any discussion.

Circumventing The Water Commission

Ventura Water forces the City Council to get their information from the General Manager. Thus bypassing the entire reason the city established the Water Commission.

Rarely does Ventura Water share the discussion on relevant topics—if ever. Debates over issues are not reviewed or scrutinized. Important issues never enter the public record such as water quality, testing quality results, fees, costs, timelines, water capacity, water usage, what other agencies are proposing, and deposit account balances.

Because minutes show only action items, all discussions of issues are as though they never happened. So, when the City Council looks to the minutes for any records of problems or concerns, the minutes are no help. Nor are they sufficiently transparent to Ventura’s citizens.

Communicating Clean Water Safety Violations

Ventura Water deals with a water system that impacts all Ventura citizens directly. In August 2018, the department violated the Federal Clean Water Safety standards. Ventura Water breached the Total Trihalomethanes (TTHM) drinking water standard in August. The U.S. EPA regulates TTHM at a maximum allowable, annual, average level of 80 parts per billion. Any amount above 80 ppb results in harmful health effects over time. Ailments such as cancer and adverse reproductive outcomes can happen. Ventura Water has corrected the problem, but that’s not the issue.

At issue is how the utility communicated the problem and the solution.

Why You May Not Have Heard Of This

You may not have heard about the incident. It’s not because Ventura Water didn’t announce it. They did. Ventura Water fulfilled the letter of the law, but it may have missed the intent behind it. Meeting the legal requirement seems to be the minimum standard. Yet setting the bar at the lowest level may place everyone’s health at risk in the future.

What wasn’t said is as important as what was said. Bathing in or cooking with the TTHM water was not mentioned, for instance.

Open communication is what builds trust with a public utility during a crisis. The TTHM violation happened in the Pierpont Area. Unless you live in the affected area, Ventura Water would not have contacted you by mail. Ventura Water notified the schools and nursing homes in the area. Schools and nursing homes informed the parents or residents at their discretion.

Ventura Water obeyed the “letter of the law,” but failed to respect the spirit of the law. They reported the incident to residents in the affected area by mail, posted it on their website, and took out an ad in the Ventura County Star.

Not The Only Incident In 2018

In July, Ventura Water withheld information from the Water Commission. A panel of experts examined Direct Potable Reuse (DPR) of treated wastewater. There are no quality standards or guidelines today. The experts found DPR (for drinking purposes) was a threat to public safety. The City Council did not know that. They were only alerted to that fact after private citizens brought it to their attention. The result was, the City Council decided not to use DPR as an alternative for now. Still, the staff soldiers on asking for large sums to build projects for DPR.

There are many laws to protect citizens and keep them informed about what happens in city government. When a government agency does the bare minimum but goes no further than the law requires, regardless of the impact and financial consequences, citizens mistrust it.

Editor’s Comments

Ventura Water needs to be more transparent. The City Council allows it to operate in secrecy and subterfuge. Stop. Ventura’s citizens deserve and expect open communication. Here’s what the Council should do:

First, make hiring the next General Manager a priority. Insist City Manager Alex McIntyre interview the Water Commissioners. He should do this without Water Department staff present. The goal is to get the knowledge and details of Ventura Water over the past fifteen years. He’ll gain the perspective to understand what lies ahead in the next six years.

Second, have the Water Commission’s Chairman set the meeting agendas, with input from all commissioners.

Third, ensure all Water Commission’s minutes reflect topics and discussions from all meetings.

Fourth, have the Water Commission Chairman provide a written report to the City Council on a quarterly basis.

Fifth, expand the communication channels Ventura Water uses to inform the public. Set the standard higher than the minimum legal standard.

Insist The City Council Makes Ventura Water More Transparent

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

January 15, 2019/in Newsletters/by VREG Editors

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

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

December 2017

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

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

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

January 2018

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

March 2018

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

April 2018

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

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

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

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

June 2018

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

July 2018

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

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

September 2018

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

October 2018

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

November 2018

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

December 2018

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

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

Wish The Councilmembers Good Luck In 2019

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Most Money Ever Spent In A City Council Election In 2018

January 10, 2019/in General News/by VREG Editors

Ventura held its first City Council election by voting district. The new voting process confused some voters. Others felt disenfranchised.

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. Campaigning was in districts instead of citywide. One would think the amount of money needed would be less. The cost-per-vote skyrocketed from $2.75 per vote in the last election to a record-high $19.90.

The candidates raising the most money were Jim Friedman, $60,887; Kevin Clerici, $44,862; and Erik Nasarenko, $36,464. A distant fourth highest campaign fund was Marie Lakin at $14,277. Of the three top fundraisers, only Kevin Clerici failed to get elected. (These numbers will increase. The final campaign finance report is due January 31, 2019)

Strong Voter Turnout In City Council Election

Voter turnout was high in each of the districts except District 1. A mere 1,767 votes secured a seat for Sofia Rubalcava. All the other winning candidates had over 3,000 votes.

Newly-elected Councilmembers now have to shift their focus. The entire campaign, they focused on convincing district voters their interests came first. Now they’re elected, they must change that focus to represent the whole city. Only the most skilled among them will be able to bridge the gap to balance their district wants and the city needs. It will not be easy. There will be growing pains as the Councilmembers juggle the competing requirements.

The net effect of district voting achieved its outcome. The new Councilmembers are the most diverse group elected in Ventura’s history. One has to ask if the price to reach the result was worth it.

What Are The Implications?

Campaign cost inflation is the price Ventura politicians pay for City Council diversity. Now, only the fundraisers who spend large sums of money win.

All Councilmembers will balance district interests and citywide interests. None of them have experience with it. We can only hope the city doesn’t suffer while the Councilmembers go through this growing pain.

What Do You Think Of The Tactics Used By Ventura Fire?

January 10, 2019/in General News/by VREG Editors

Ventura Police officers sign a new contract with a 5% pay increase. The timing of the announcement was questionable. It came on the heels of the Anthony Mele, Jr. murder. However, the agreement was a fair one.

Ventura Fire Unhappy With The Proposed Contract

Agreed upon union contracts form the basis for negotiating other city union contracts. In this case, Ventura Firefighters are unhappy. Union Leader Captain Shawn Hughes says the union voted against a similar pay raise. He wrote Councilmembers, “We are demanding change. Working conditions need immediate attention. The citizens of Ventura deserve properly staffed public safety departments.” Captain Hughes earns $216,885 per year in pay and benefits—putting him in the top 5% of wage earners in the country.

In April, Hughes began his campaign for higher pay. He emailed the City Council, Interim City Manager Dan Paranick and Fire Chief Endaya. Hughes contacted individual Councilmembers behind the scenes to negotiate a better deal.

The Fire Union Turns Up The Heat

In early May, Hughes ratcheted up his behind the scenes negotiations. He formally requested the City Council stop all public education and outreach immediately. He reasoned that public awareness was “now an unsafe practice. “We need to maximize the number of available resources to maintain public safety that this community demands.”

In short, Hughes was exhorting the Council. He was demanding all public outreach stop until the city hired those firefighters.

The fire union contributed to several Councilmembers’ campaigns. Current Councilmembers Jim Friedman, Cheryl Heitmann, Matt LaVere and Erik Nasarenko received contributions.

On January 14, 2019, the City Council consented to accept VFD’s salary increases. The increases were the same as the Police Union received.

Special Precaution Continues After Murder On the Promenade

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

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

Poor Judgment Exercised With The Murder On The Promenade

Jamal Jackson

Jackson was a repeat offender and homeless. Many citizens jumbled his criminal act and his impoverished state. Ventura Police received a call that Jackson was acting suspiciously. Patrol units were not immediately available. Instead, the dispatch center observed Jackson via remote camera. Two and a half hours after the initial call, Jackson committed the murder.

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

Police Response To The Murder On The Promenade

Following the incident, the Police department reviewed its procedures. Chief Ken Corney admitted lousy judgment. Substituting video monitoring for an officer responding was not the right choice. Since then, there have been changes

to the security camera monitoring. The changes include:

Extra cameras
Active surveillance
More training
Changes in monitoring policy
Re-prioritization of Calls for Service response.

The review also concluded police adequately prioritized the call when it came in.

Policing The Homeless Gets Harder

In September 2018, the 9th Circuit Court of Appeals issued an opinion in Martin v. Boise. The ruling hinders Ventura Police’s ability to curb homelessness. The court concluded that imposing criminal penalties for sleeping outside on public property violates homeless persons’ Eighth Amendment rights. They deem it cruel and unusual punishment.

Within two months, the community returned to business as usual. Public outcry diminished, but the problem of criminal homelessness continues.