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Ventura City Council Takes A Bold Step, Repeals Net Zero

August 6, 2024/in Newsletters/by VREG Editors

Credit where credit is due. In mid-July 2024, the Ventura City Council took a bold step to stimulate economic vitality by voting unanimously to repeal the Net Zero fee.

What is Net Zero?

Net Zero was the city’s policy to ensure that new development does not increase the overall water demand on the local supply. Its purpose was to protect the city’s water supply and ensure sustainability for current and future residents. Net Zero has been the city’s policy since 2016.

Net Zero requires developers to offset their water usage through one of three methods: dedicating specific water rights, extraordinary conservation measures or paying a water resource net zero fee. Most developers opted for choice number three, which acted as a tax on development and inhibited economic growth.

The table shows how onerous the Net Zero fee was. It ranged from a low of $522 for erecting a school to $50,388 for a golf course or a park.

Politics Makes Strange Bedfellows

Councilmembers Doug Halter and Mike Johnson partnered to present the policy consideration to repeal the Net Zero fee. While the two Councilmembers didn’t always agree on prior matters, they joined together to do what they believed was in Ventura’s best interest regarding Net Zero.

They argued that the Net Zero fee discouraged business creation, expansion and housing development. It stifled economic growth, and the indirect costs likely outweigh

the revenue Net Zero provided to the Water Capital Improvement Projects fund.

Their argument was persuasive. All seven Councilmembers voted to repeal the fee.

Who Wins And Who Loses?

While it’s too early to tell what impact repealing Net Zero will have on economic vitality, it is possible to know who will benefit from the repeal in the short term.

Developers and taxpayers are winners. The City Council has opened the door to entice more construction in the city, which will, in turn, mean Ventura will receive more tax dollars.

Ventura Water and no growth proponents lose. The repeal of Net Zero means Ventura Water will receive less money into the Water Capital Improvement Projects fund. Ventura Water representatives attending the City Council meeting appeared upset by this prospect. Slow growth proponents will be troubled if repealing Net Zero results in the economic vitality and building the City Council seems to think it will.

Editors Comments

We see the repeal of Net Zero as a victory for Ventura in several ways. First, it removes a barrier to economic growth that kept Ventura’s economy moribund for eight years. Without Net Zero, Ventura may see some economic vitality it hasn’t seen in decades.

Second, we applaud two City Councilmembers working together to propose a bi-partisan policy consideration. Too often, the current City Council has degenerated into a fractured, squabbling body. Repealing Net Zero proves this group can work for the common good of Venturans.

Third, we welcome the City Council’s fresh perspective to invigorate the local economy. The Council used the one level it controls to stimulate the economy: reducing fees and regulations. Repealing Net Zero accomplishes both.

Write Your City Councilmember To Congratulate Them:

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Fresh Turmoil At Ventura WaterPure: What Are The Alternative Solutions for Wastewater Treatment?

March 14, 2024/in Newsletters/by VREG Editors

The evidence continues to mount, proving a problem exists with Ventura Water, the Water Commission and VenturaWaterPure. At what point will the City Council stop ignoring the facts and confront the truth about VenturaWaterPure?

Looking The Other Way In The Past

A committee of concerned citizens went to each Councilmember in 2018 to show them Direct Potable Reuse (DPR)—the method of purification Ventura Water was pursuing at the time— was not approved and not yet deemed safe. When the Council presented that fact to Ventura Water, they changed course slightly to Indirect Potable Reuse (IPR). Still they didn’t drop VenturaWaterPure or challenge their assumptions.

The Carollo Report in 2019 presented several options to Ventura to VenturaWaterPure, many of which were less expensive. Ventura Water convinced the City Council to ignore the report’s options and choose VenturaWaterPure.

A September 12, 2019 report titled Ventura Water Supply Projects and Alternatives, commissioned by Ventura Water (Appendix E starting on pg. 405), shows estimated project costs of another $320 Million plus the annual operating expenses of $29.Million for VenturaWaterPure. Yet, the Carollo Report presented options costing a mere $50 Million for the project and operating costs of only $3.9 Million. The City Council overlooked the significant cost differential and stayed with Ventura Water’s proposed VenturaWaterPure.

The Most Recent Evidence

More damning evidence surfaced this month when Water Commissioner George Amandola resigned from the commission. Mr. Amandola explained why he left, citing various problems he saw within Ventura Water, the Water Commission, and the City Council.

His letter read:

Dear Members of the Ventura City Council,

It is with a heavy heart yet a resolute determination that I tender my resignation from the Ventura Water Commission, effective immediately.

This decision has not been arrived at lightly but has been necessitated by deep-seated concerns regarding the trajectory and management of VenturaWaterPure, as well as broader issues plaguing the Water Department organization.

Throughout my time serving on the commission, I have been disheartened to observe a troubling trend of bureaucratic maneuvering, particularly concerning the handling of commission agendas, council disclosures, and public disclosures. There have been numerous instances where last-minute adjustments to agenda items were required by Commission vote to counteract staff attempts at manipulating certain voting items. These occurrences have unfortunately become all too frequent, significantly hindering our ability to address important matters effectively and fulfill our responsibilities with diligence.

Additionally, the consistent scheduling of VenturaWaterPure and CIP discussions on the Council agenda late at night, often after 10pm or 11pm, does not foster transparency with the Ventura community at large. This timing undermines public engagement and limits the opportunity for meaningful community involvement in these crucial discussions.\Furthermore, the persistent absence of timely reporting and clear and comprehensive details within project management items, budget, and supplemental packages preceding meetings has significantly hampered commissioners’ ability to make well-informed decisions. Equally distressing is the subsequent lack of follow-up from staff regarding unresolved matters raised during meetings, exacerbating an atmosphere of opacity and impeding our ability to fulfill our duties diligently.

Moreover, the disregard and blatant dismissal of certain presentation format requests I have made for the Capital Improvement Plan by the general manager is deeply concerning.

My lack of confidence in the project management and financial planning for VenturaWaterPure stems from a myriad of disconcerting factors. Repeated oversights, escalating costs, a glaring lack of transparency from management, and an apparent reluctance to substantiate assumptions and alternatives with tangible evidence have all contributed to a palpable deficit in comprehensive planning and oversight. These shortcomings cast serious doubts on the initiative’s viability and fiscal prudence.

Additionally, I have observed a concerning confirmation bias within both staff and the City Attorney’s office, evident in their unwavering support for VenturaWaterPure despite valid concerns raised. Despite viable technical and financial avenues available to alleviate the burden on ratepayers, the City Attorney’s office has regrettably failed to challenge the Consent Decree through the “meet and confer” process, exacerbating an already precarious situation.

Furthermore, management’s subjective decisioning to take Foster Park Assets offline in preceding years raises significant red flags, hinting at a deliberate attempt to bolster the narrative of VenturaWaterPure’s indispensability. Such manipulative tactics only serve to deepen my skepticism regarding the integrity and motivations underpinning the initiative.

Of particular concern is the potential economic hardship VenturaWaterPure may impose on residents, especially those in District 1 and other vulnerable communities. The absence of a comprehensive economic study examining the ramifications of existing rate increases coupled with the inevitable VenturaWaterPure rate hikes underscores the urgent need for informed decision-making to mitigate adverse impacts on residents.

Moreover, the limitations imposed on the authority of the Water Commission, particularly its quasi-judicial capacity, are glaring omissions from the municipal code, rendering the commission toothless in effecting meaningful change. Staff’s adeptness at circumventing and manipulating the commission’s role, particularly in controlling information flow between the commission and the City Council, is deeply troubling and undermines the commission’s purpose and effectiveness.

Additionally, the lack of balance in the commission’s composition, as outlined in the municipal code, further compounds concerns. While intended to feature a mix of professionals and non-professionals, the current makeup deviates from this mandate. The presence of Commissioner Armbrister in a non-professional seat despite her professional background in water management raises legitimate questions about the commission’s legitimacy and adherence to residency requirements.

In light of these systemic concerns, urgent and comprehensive reform within the Ventura Water Commission is imperative to restore transparency, accountability, and effective governance. Without decisive action, the community’s best interests will continue to be sidelined, compromising the commission’s effectiveness.

While resigning from my position weighs heavily on me, I refuse to remain complicit in a system that obstructs meaningful change and neglects the welfare of the community. I trust that my resignation will serve as a catalyst for substantive reform and renewed commitment to transparency, accountability, and equitable access to essential services within Ventura Water.

I am profoundly thankful for the opportunity to have contributed to the Ventura Water Commission and treasure the invaluable experiences and insights gained during my tenure. I hold steadfast hope that the Council will heed the compelling reasons outlined in this resignation letter and take decisive action to enact essential reforms within the commission, its municipal code, and the leadership of the Water Department. By doing so, we can safeguard the future well-being of the Ventura community.

Thank you for your attention to this matter.

Sincerely,

George

George Amandola

Resident City of Sanbuenaventura (sic)- Council District 2

Key Points In The Letter

Mr. Amandola’s resignation letter highlights a stultified, bureaucratic, autocratic Ventura Water Department. It presents his lack of confidence in the project management and financial planning for VenturaWaterPure. It also demonstrates how Ventura Water has neutered the Water Commission and prevented it from doing its duty.

These are not frivolous accusations made by an outsider. These are observations made by an insider capable of seeing the entire landscape of what’s happening with VenturaWaterPure.

Editors’ Notes

Evidence of misrepresentation, mistakes and mismanagement surrounding VenturaWaterPure grows. Meanwhile, the project’s costs mount. Today, that costs half a billion dollars, but it’s reasonable to believe the costs will go even higher. With no ceiling on cost increases, Ventura Water ratepayers bear the burden. Soon, the cost of water will triple to pay for the project.

What more evidence does the City Council need to finally admit that there is a problem with the Water Department and the Water Commission spending $500,000,000 on a project that Ventura Water can do for hundreds of millions less? How long will the city hide its head in the sand before taking serious action?

City staff often use the Consent Decree as an obstacle in addressing Ventura’s water problems. This Decree really addresses two issues, and they must be handled separately. Part one is cleaning up the wastewater in the estuary. Extracting the wastewater from the estuary is being accomplished.

Part two is developing a practical use for extracted water. Ventura Water calls the recycled use of the extracted water Ventura WaterPure. Ventura Water mistakenly believes Ventura WaterPure must be a stand-alone facility built within the Consent Decree timeline. The Consent Decree requires neither.

The Consent Decree allows Ventura to extend the timeline under certain conditions. The first is financial feasibility. If Ventura Water can demonstrate that Ventura WaterPure is financially infeasible, the courts can extend the timeline. Additionally, Ventura can prove its sincere effort to comply with the Consent Decree. In that case, the court may extend the deadline if it deems the efforts reasonable and justified.

Another false belief is that Ventura must have a separate, stand-alone facility to treat the extracted water. Oxnard has an underutilized recycling facility that Ventura Water could use to treat the extracted water. However, Ventura Water has refused to consider this option seriously until now.

The City of Ventura must reconsider all options, including treating the wastewater in Oxnard. City officials must formally scrutinize the Oxnard option to be a fair comparison. The city must issue an up-to-date formal Request for Proposal (RFP) to the City of Oxnard and United Water. Oxnard’s and United’s responses must come directly from them (not via a Ventura Water Department Consultant) and be on their letterhead. Ventura WaterPure can no longer have an open-ended budget. It must have a cashflow projection that includes timelines, operating, maintenance and taxpayer fee schedules.

Demand Your City Councilmember Does The Following:

1) Get a new Request for Proposal (RFP) from the City of Oxnard and United Water.
2) Have Ventura Water produce a cash flow projection analysis.
3) Install a new Water Commission, that has the authority to manage this process and make decisions that are in the rate payer’s best interest.

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From Crystal Clear to Money Pit: Unveiling the Truth Behind VenturaWaterPure

January 30, 2024/in Newsletters/by VREG Editors

The current Ventura City Council could reverse twelve years of poor financial decisions by Ventura Water based on faulty assumptions. Prior City Councils have been misled and pressured into believing VenturaWaterPure is the only solution to Ventura’s water problem. That is not true now, nor has it ever been confirmed. There are several solutions the city could pursue. Yet Ventura Water pushed the project with the zeal of religious fanatics to the point where VenturaWaterPure has become dogma at City Hall. Today, the City Council has more information to make a more informed evaluation of VenturaWaterPure. We urge them to use all the information before committing ratepayers to spend more than half a billion dollars.

How The Narrative Began Based On Faulty Assumptions

In 2012, a false narrative about water in Ventura began because of a Consent Decree the city agreed to with environmental groups. Wishtoya, Heal the Bay and other groups sued the city for discharging treated sewage into the Santa Clara River. The Consent Decree required the discharge to go somewhere else. So, city officials built a narrative like this, “Ventura must comply with the Consent Decree; therefore, we can use the treated discharge as another source of water for citizens at a reasonable cost.” The narrative sounded so compelling that one Councilmember said, “If the astronauts can drink it [recycled wastewater], then so can we.” And so, the project known as VenturaWaterPure began, and the narrative became dogma at City Hall. No one at City Hall questioned the false narrative, even though Ventura Water built it on two faulty assumptions that would later prove incorrect.

First Faulty Assumption: It’s Safe To Drink

The only fact in the false narrative is that Ventura must comply with the Consent Decree by 2025. The other parts about recycling wastewater into potable water at a reasonable cost are conjecture. New technological and financial information challenges the dogma. The current City Council should weigh the latest information to reevaluate VenturaWaterPure.

Ventura Water’s first faulty assumption was debunked in 2016 by an expert panel appointed by the State Legislature. The panel concluded that even after treatment the water was unsafe for human consumption because microscopic contaminants and chemicals pose a danger to humans. The Ventura City Council didn’t learn of the 2016 report until March 2019.

A group of concerned citizens brought this information to the city officials, and the 2019 City Council took action to change VenturaWaterPure’s direction. VenturaWaterPure planned to use a process known as direct potable reuse, or DPR, to deliver water to residents. Yet, the City Council forced them to change plans. Ventura Water falsely assumed it could use the treated discharge as potable water.

When the council learned the news from the concerned citizens, they directed Ventura Water to change course on DPR and go to a process known as IPR, or indirect potable reuse, where the treated water is injected back into the aquifer before being extracted and delivered to customers.

How the Ventura Water general manager and its staff did not know about the 2016 expert panel’s report or why they did not tell the City Council that DPR was unsafe for three years remains a mystery. Yet, during those three years, Ventura Water extracted higher water rates from residents and continued to spend the money for VenturaWaterPure.

Second Faulty Assumption: The Project’s Costs Are Reasonable

It was apparent in 2019 that there were flaws in Ventura Water’s narrative about VenturaWaterPure. Yet, City Hall and Ventura Water continued to follow the dogma unquestioningly. That is until another flaw surfaced. The faulty assumption that Ventura Water could implement VenturaWaterPure at a reasonable cost began to unravel.

Ventura Water hired Carollo Consulting in 2019 to estimate costs for several options to handle the treated wastewater, including VenturaWaterPure. The Carollo report projected VenturaWaterPure’s costs to be $277 million (page 415, Table A-7). In January 2024, the City Council learned of the enormous, additional expense VenturaWaterPure will cost citizens. The cost is over $556 million; $279 million more than the Carollo estimate from five years ago—more than double. There are excuses for the cost overruns, of course. Ventura Water blames inflation and COVID-19 as reasons no one could have predicted. Yet, faced with these higher costs, Ventura Water offers no alternatives to contain costs or provide reliable alternatives. They are wrong not to do so. No one at Ventura Water dares to challenge the VenturaWaterPure dogma. Instead, they place the decision at the feet of the City Council to demand alternatives.

Time To Make A Change

It’s up to the 2024 City Council to meet their fiduciary duty to Ventura’s citizens. This council has more information about costs and technologies than any previous council. Now is the time to examine all reliable alternatives before continuing with VenturaWaterPure. Past actions by City Councils are no longer relevant to any decisions this City Council takes because technological circumstances and costs have changed to achieve VenturaWaterPure’s goals.

Ventura Water commissioned the Carollo Report four years ago to provide options to resolve the Consent Decree. The report identified the under-utilized Advanced Purification Facility in Oxnard as a potential solution to reduce duplication of processing plants and reduce costs. At the time, the Oxnard option was 60%-80% less expensive than building VenturaWaterPure.

City staff and Ventura Water rejected the recommendations outright because Ventura Water wanted to keep “control” of the water and did not trust partnerships with Oxnard or United Water. So, Ventura Water convinced prior City Councils that control and trust were worth the extra $200 million it would cost to “go it alone.” We now know that Ventura Water’s projection has ballooned to $556 million.

Hold Ventura Water Accountable

Prior City Councils have periodically asked Ventura Water to revisit lower cost alternatives. According to Ventura Water Department General Manager Gina Dorrington, “The city staff met with United [Water] and Oxnard [Water] staff several times during the development of the EIR [Environment Impact Report] and again in 2020. We also met with the Oxnard staff in November 2023.”

Meeting with Ventura Water’s counterparts is an ambiguous term. What does it mean exactly? Were new quotes or figures discussed? Was there anything that would resemble a Request for Proposal (RFP)?

So, we asked the Wastewater Division Manager at the Oxnard Water plant. He said there were conversations in November, but they have yet to discuss figures or anything that someone would construe as an RFP.

Words like “met,” or “talked,” or “contacted them” are not formal negotiations or even a reasonable faith effort to negotiate. At the least, Ventura Water misrepresented the exchange in November. At worst, it appears that Ventura Water has no intention to change the dogma surrounding VenturaWaterPure because prior City Councils have given them an unlimited budget and blank check.

It’s time for Ventura Water to stop this behavior; only the City Council can make that happen. If Ventura Water is so confident in the cost analysis presented, why wouldn’t they agree to have a full-scale RFP update from Oxnard Water and United Water? Instead, Ventura Water continues to rely on faulty estimates from Ventura’s internal consultants. For the sake of all ratepayers for this ballooning multimillion-dollar project, why not get outside, independent estimates of the costs? Aren’t we owed that? The answer is yes.

Editors’ Notes

It’s time for the 2024 Ventura City Council to meet its fiduciary duty. It’s time to break the dogma surrounding VenturaWaterPure. The council must force Ventura Water to provide reliable alternatives to VenturaWaterPure. We now know the “cost to go it alone” exceeds the $200 million Ventura Water projected in 2019. Collaborating with other water agencies may be less costly, as the Carollo Report indicated. If Ventura partners with other agencies, demand documented costs for those alternatives. Please do not rely on the estimates and projections of Ventura Water or its consultants.

Tell The City Council To Do Their Fiduciary Duty

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Is Leadership Scarce In Ventura? The Censure Farce Suggests Yes

July 6, 2023/in Newsletters/by VREG Editors

The Move To Censure Turns To Tragedy

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

New City Council

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

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

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

Councilmembers Unclear On Roles

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

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

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

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

To Censure or Admonish Another Council Member?

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

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

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

Plenty of Blame to Go Around

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

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

Waiting for the Next Shoe to Drop

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

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

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

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

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

Editors Comments

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

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

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

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

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

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

Tell The City Council To Focus On Their Job

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How to hire better for the most influential job in Ventura

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

December 19, 2022/in Newsletters/by VREG Editors

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

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

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

Four previous holders of the most influential job in Ventura.

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

Poor Choices Lead To Financial Disaster

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

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

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

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

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

There Will Be Pressure To Hire Fast

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

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

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

Qualities Ventura Needs In A City Manager

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

Fiscal Responsibility

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

Accountability

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

Communication

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

Transparency

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

Results Driven

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

Delegation

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

What The City Council Must Avoid When Hiring A City Manager

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

Requiring Former Public Service

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

Negotiated Automatic Raises

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

Long-Term Severance Packages

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

Residency Requirements

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

Unsuitable Compensation

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

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

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

Editors’ Comments

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

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

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

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How To Connect To Your 2023 Ventura City Councilmembers

December 13, 2022/in General News/by VREG Editors

Our federalist system gives us many opportunities to participate in our democracy. Some forms of participation are more common than others. And some citizens participate more than others, but almost everyone has a voice in government.

Ventura is a small city. You should feel comfortable contacting any of the 2023 Ventura City Councilmembers to voice your opinion on any issue. The more active you are, the better the city becomes for all of us.

Meet Your 2023 Ventura City Councilmembers

We have a new Ventura City Council for 2023. We have three new 2023 Ventura City Councilmembers and four established members. Each of them has an email account with the city. Not everyone knows how to contact them, though.

We’ll give you the tools to contact any of the seven City Councilmembers. You’ll find most Councilmembers are responsive, particularly the newly elected ones. The new faces on this Council are Liz Campos, District 1, Bill McReynolds, District 5 and Jim Duran, District 6.

Jeannette Sanchez-Palacios is not new to the Council. She was appointed to District 4 in February 2020 when the elected Councilmember vacated his seat. This is Ms. Sanchez-Palacios’ first time being elected to the seat, though.

Governing By Districts

Our Councilmembers were elected by districts. While each Councilmember was elected by constituents in their district, they serve the entire city. You should feel free to contact any of the 2023 Ventura City Councilmembers regardless of the district in which you live.

Click On A 2023 Ventura City Councilmembers’ Photo To Email

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

November 18, 2022/in Newsletters/by VREG Editors

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

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

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

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

A Brief History Lesson

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

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

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

Where We Are On The 5th Anniversary

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

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

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

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

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

Did Ventura Fail The Victims?

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

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

Inexperienced Leaders For The Thomas Fire Recovery

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

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

Delaying Thomas Fire Rebuilding Ordinances

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

Digital Subjugation Through The Permitting Process

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

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

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

Revelations At The Thomas Fire Situation Review

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

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

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

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

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

Editors Comments

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

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

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

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

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

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

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

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

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All You Need To Know About Local Campaign Issues 2022

September 27, 2022/in Newsletters/by VREG Editors

From the start, VREG does not endorse candidates. Instead, our goal is to keep you informed and to educate you wherever possible. As part of that commitment, we want to outline the critical campaign issues facing City Council candidates in 2022.

If you live in Districts 1, 4, 5 or 6, you have a critical decision to make in this election. Your choice for City Councilmember will shape Ventura’s future for decades. How the candidates address the current campaign and the issues that confront our community today should guide your selection.

Meet Your 2022 City Council Candidates

First, familiarize yourself with the candidates. Campaigning has changed in the COVID-19 environment, so you may not be able to meet your candidates in person.

Incumbent Councilmembers Mayor Sofia Rubalcava and Jim Friedman have chosen not to run for another term. That means Districts 1 and 5 will have new representation. Voters in those districts should try to meet their candidates.

Three contenders have emerged to challenge incumbent Councilmember Lori Brown in District 6.

District 1

District 4

District 5

District 6

Ventura’s Key Campaign Issues In 2022

What campaign issues do you want your candidate to address? Your answer may depend on the district you live in but, regardless of your district, there are some citywide issues every candidate must address.

Water Is Among The Top Campaign Issues

Water and wastewater treatment will be among the costliest issues the City Council and, ultimately, you will face in the next four years. Ventura Water is asking the Council for over $259 million to complete VenturaWaterPure, making it as expensive to the city as public safety.

Ventura Water convinced the City Council to raise water and wastewater rates by 43% to pay for the project. They claimed the benefits would be another reliable water source by 2025 and, by doing so, we would comply with the Wishtoyo Consent Decree of 2012. Their message was that “your wastewater” would be the “reliable water source.”

Since the Council agreed to the rate increase, the project has had several significant changes. First, the city relieved the supervisorial duties over VenturaWaterPure from then-Ventura Water General Manager Susan Rungren and turned them over to Linda Sumansky inside the City Manager’s office. While the change sounds trivial, it isn’t. Placing VenturaWaterPure under the oversight of the City Manager’s office takes water and wastewater decisions away from trained engineers and water employees and turns them over to politicians.

Despite losing oversight of WaterPure, Ms. Rungren kept the same salary as she had when she was solely in charge of the project. She has since retired at that elevated salary level, adding to the city’s unfunded pension obligation.

Second, Ventura Water reduced the scope of VenturaWaterPure significantly. Ventura Water will no longer build a state-of-the-art water treatment plant by 2025 to provide the reliable water it promised. Instead, they will treat the wastewater and dump it into the ocean. As a result, what’s known as the Ocean Outfall will be completed by 2025 to fulfill the 2012 Consent Decree. The advanced water treatment plant will be completed by 2030 if all goes according to the revised plans.

Third, the Water Commission approved none of the changes to the plan for VenturaWaterPure. Ventura Water is taking the changes to the City Council, circumventing the Water Commission’s input.

VREG pushed for a Water Commission to review and evaluate Ventura Water’s plans before taking them to the City Council. Commissioners should be people with more expertise in water matters than the City Councilmembers. The Council intended to pass water issues by the Commission before they went to the City Council when it formed the Commission. When it comes to VenturaWaterPure, however, Ventura Water appears to be bypassing that established procedure.

The last Water Commission meeting was May 24, 2022, with their next meeting scheduled for Sept. 27, 2022. It’s hard to say that the Commission is well-informed when it hasn’t met for over 120 days. To make matters worse, when they meet, Ventura Water uses the Brown Act to limit and control the agenda, so the Water Commission cannot get data, discuss details or have timely information.

Politicians Control WaterPure, Not Trained Professionals

Any discussion about water in Ventura should be about the cost of producing and delivering water to the citizens of Ventura. And that cost is rising. Ventura Water presented to a VenturaWaterPure Ad Hoc committee in August 2022. Ventura Water stated the planned expenditures would increase another $76 million, bringing the entire project to over $373 million. There needs to be more than the 43% water rate increase approved two years ago to cover the higher costs. Ventura Water will request another rate increase, most likely.

Find out from your candidates where they stand on VenturaWaterPure. How much do your candidates understand the litigation the city is involved in over water issues? Do they know what alternatives exist to the Wishtoyo Consent Decree of 2012? Do they know about the Ventura River litigation and the cross-complaint Ventura filed against 10,000 property owners along the river to determine water rights on the river?

Homelessness and Vagrancy Are Important Campaign Issues

Homelessness increased by a staggering 34% between 2020 and 2022. The city’s homeless count is 713 people. Only Oxnard, with a population twice the size of Ventura, has more.

Ventura’s homeless shelter is operating, although Covid-19 procedures reduced its capacity. It costs the city $712,000 annually to house 55 of its 713 homeless. Last year, the city spent the same amount to house 27 homeless people.

Shouldn’t the Council and Ventura’s citizens know how much homeless services cost and how they get allocated? What should Ventura do for those not housed in the shelter? Some of the remaining homeless are vagrants. They choose to live the lifestyle and panhandle. How do candidates plan to combat vagrancy, so Ventura is more welcoming?

Public Employee Pensions Is The Toughest Campaign Issues

Ask the candidates running in your district if they will work with the city’s unions to reform public employee pensions. The last time the City Council modified pensions was 2010, and those changes were modest.

The city staff believes pensions will level out in six or seven years. Yet, the bill came from CalPERS for this year’s contribution to the unfunded pension liability, and it was staggering. Ventura will pay $19.9M to CalPERS. Can Ventura last that long amid its other financial burdens? The city still hasn’t recovered from the Thomas Fire. The COVID-19 pandemic shuttered businesses for months, robbing the city of sales tax revenue. The new Amazon warehouse in Oxnard will further reduce Ventura’s sales tax revenue by between $700,000-$1,200,000.

Campaign Finances

The elections in 2020 were the costliest in history. Since district elections began, candidates have been spending more each election cycle.

The rising expenditures seem odd. By moving to districts, each candidate needs to reach a smaller number of potential voters (15,000 instead of the entire city). City officials intended district voting to help candidates spend less to be elected. Rather, district voting has had the opposite effect.

Voter turnout was high for the 2020 election. Presidential election years always bring out more voters. That was the case for the 2020 presidential election, a contested battle. Being an off-year election, the voter turnout in 2022 will be like the turnout in 2018.

We will track the candidates’ campaign finance reports to report this year’s totals.

Growth Is Always Among The Key Campaign Issues

Growth means different things to different people. Yet, it’s inescapable that Ventura needs to grow.

Ask if your candidates acknowledge that growth, jobs and water availability are inseparable. They also need to recognize and respect the opposition to building more houses with greater density and height throughout the community. Forward progress on growth means accommodating, integrating and compromising.

Editor’s Comments

Voting works best when people take the time to learn about campaign issues. We urge you to get involved. Educate yourself on the candidates’ positions on the campaign issues for 2022. We’ve provided a framework to ask pertinent questions. Use ours or develop your own but find out where the candidates stand.

Don’t succumb to the political feel-good clichés candidates use to attract your vote. Candidates always discuss growth and public safety while campaigning. Look beyond that. These are not the pressing campaign issues in 2022. The most demanding issues are water, labor contracts, long-term planning and service reductions. These problems with budgets, growth and water have happened over the last fifteen years. Ask yourself, “Do these candidates have the capabilities to solve these problems?”

Once elected, it’s vital to review the new Councilmembers’ performance. Elected representatives gloss over accountability and transparency while in office. They only give them “lip service” during election time. In the past, Councilmembers knew voters would forget their campaign promises over the next four years. It’s up to each of us to make sure that our elected officials do what they promised to do.

We respect anyone who steps up to run for office. Furthermore, we recognize it is difficult to subject yourself and your family to public scrutiny. So, regardless of the election outcome, we applaud everyone who threw their hat in the ring.

Tell the Council What You Believe Are the Real Problems Facing Ventura

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

August 10, 2021/in Newsletters/by VREG Editors

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

—Peter Drucker

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

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

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

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

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

What We’ve Heard Before

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

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

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

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

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

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

Staking Our Vision on a New General Plan

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

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

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

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

Unrealistic To Plan 15 Years into the Future

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

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

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

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

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

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

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

Editors Comments

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

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

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

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

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How to improve the Permit Services Department in Ventura

How The Permit Services Department Can Improve Building Code Enforcement

June 21, 2021/in Newsletters/by VREG Editors

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

—Thomas Jefferson

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

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

How Residents Interact With The Permit Services Department

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

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

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

The Process Breaks Down

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

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

Changes within Ventura Code Enforcement Since 2012

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

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

What Hasn’t Changed With Ventura Permit Services

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

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

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

It’s Not Easy To Protest

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

Inviting New Problems Into Your Home

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

Permit Services Turns Neighbor Against Neighbor

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

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

Fear of Retaliation and Horror Stories

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

The Building and Planning Process Gets Longer

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

More Promises of Change in Permit Services

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

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

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

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

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

Editors Comments

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

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

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

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

Seriously Consider Another Option

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

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

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

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

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