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REGULAR MEETING SUMMARY April 24, 2007 8:30 A.M.
Board of Supervisors, Ventura County
County Government Center Hall of Administration
Board of Supervisors Hearing Room
800 S. Victoria Avenue
Ventura, California 93009
JOHN F. JOHNSTON,
County Executive Officer and Clerk of the Board of Supervisors
ROBERTA RODRIGUEZ,
Chief Deputy Clerk of the Board
(805) 654-2251
NOEL A. KLEBAUM,
County Counsel
MEMBERS OF THE BOARD
LINDA PARKS, District 2
CHAIR
Thousand Oaks, Newbury Park, Westlake, Oak Park, Bell Canyon, Hidden Valley, Lake Sherwood, Portions of the Oxnard Plain, Santa Rosa Valley, Naval Base Ventura County Point Mugu, California Air National Guard, and South Coast
STEVE BENNETT, District 1
San Buenaventura, Montalvo, Saticoy, Ojai Valley, City of Ojai, Upper Ojai Valley, Oxnard Shores, Mandalay Bay, Northwest Oxnard, and North Coast
KATHY I. LONG, District 3
Camarillo, California State University/Channel Islands, Port Hueneme, Southeast Oxnard, East Oxnard Plain, Santa Paula, Fillmore, Piru, Lockwood Valley, and Eastern Portion of Naval Base Ventura County Port Hueneme
PETER C. FOY, District 4
Simi Valley, Moorpark, Somis, Las Posas Valley, Santa Susana Knolls, Box Canyon, Chatsworth Peak, Home Acres, Sinaloa Lake, and Tierra Rejada Valley
JOHN K. FLYNN, District 5
Oxnard, Silver Strand, Hollywood Beach, Hollywood By the Sea, Channel Islands Harbor, El Rio, Nyeland Acres, Del Norte Area, Oxnard College, Oxnard Plain, Strickland and Portion of Naval Base Ventura County Port Hueneme
WEB ACCESS
At: http://www.countyofventura.org
Live Broadcast and Video Archives, Board Calendar, Agenda, Agenda Items, and Summary of Actions
Persons who require accommodation for any audio, visual or other disability in order to review an agenda, or to participate in a meeting of the Board of Supervisors per the American Disabilities Act (ADA), may obtain assistance by requesting such accommodation in writing addressed to the
Clerk of the Board, 800 South Victoria Avenue, Loc. #1920, Ventura, CA 93009 or telephonically by calling (805) 654-2251. Any such request for accommodation should be made at least 48 hours prior to the scheduled meeting for which assistance is requested.
LEGAL NOTICES
Assessment Appeals Board No. 1 will hold hearings on Monday, April 23, 2007 at 9:30 a.m. at the Ventura County Government Center, Hall of Administration, Board of Supervisors Hearing Room, 800 South Victoria Avenue, Ventura, California.
The Air Pollution Control District (APCD) Hearing Board will meet Monday, April 30, 2007 at 5:30 p.m. at the Ventura County Government Center, Hall of Administration, Board of Supervisors Hearing Room, 800 South Victoria Avenue, Ventura, California.
There will be no regular meeting of the Board of Supervisors on Tuesday, May 1, 2007.
Welcome to the Meeting of the Board of Supervisors of the County of Ventura, also sitting as the Governing Board of the Ahmanson Ranch Community Services District, County Service Districts, Fire Protection District, Lake Sherwood Community Services District, Redevelopment Agency of the County of Ventura, Watershed Protection District, Ventura County In-Home Supportive Services Public Authority, Ventura County Library, Ventura County Public Financing Authority, and the Waterworks Districts.
The following information is provided to help you understand, follow, and participate in the Board meeting:
Pursuant to California Government Code Section 54953 (a) et. al., time is set aside for citizen presentations regarding County related matters. Those wishing to speak must fill out a speaker card and submit it to the Clerk. Speaker cards for issues not on the agenda must be submitted to
the Clerk prior to the beginning of the public comment period. Agendized item, speaker cards must also be submitted before the item is taken up for consideration. The Clerk may not accept any additional speaker cards once an item commences.
Items on the Consent calendar may be voted on in one motion at the beginning of the meeting. If you wish to discuss any of these items, please fill out a “Speaker Card.” The Board will either move the item to the regular agenda or allow the speaker his or her time prior to the Board’s consideration of the Consent Agenda.
Regular Agenda items are not Time Certain items and they will be heard at the Board’s discretion, either before or after scheduled Time Certain Appointments and Hearings.
Correspondence Agenda matters are being presented to the Board for information. These items require no action or are not ready for Board consideration. The Clerk of the Board may refer these matters to the County Departments and Agencies for acknowledgement, investigation and report back, direct action or response as appropriate. Report back to the Board may appear on Agenda for action by the Board of Supervisors or for informational purposes upon dates indicated below as appropriate.
Members of the public making oral presentations to the Board in connection with one or more agenda or non-agenda items at a single meeting are limited to a cumulative total of time not to exceed five (5) minutes for all of their oral presentations at such meeting unless otherwise provided. The entire public comment period is limited to no more than thirty (30) minutes total for all speakers. NOTE: The Chair may limit the number or duration of speakers on a matter pursuant to amended Resolution #205 of the Board of Supervisors establishing rules relating to oral presentations by members of the public dated September 18, 2001.
Reports and supporting data can be reviewed in the Office of the Clerk of the Board of Supervisors the Thursday, Friday and Monday before the meeting. The reports and supporting data are also available on the County’s Internet site at http://www.countyofventura.org.
REMINDER: In order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.
OPENING
1. Call to Order.
2. Roll Call.
3. Moment of Affirmation - Harriet Weigel, Disabilities Ministries.
4. Pledge of Allegiance.
5. Minutes of the meeting of the County and Special Districts governed by the Board held Tuesday, March 13, 2007. CONTINUED TO MAY 8, 2007.
6. Agenda Review - Consider and approve, by majority vote, minor revisions to Board items and/or attachments and any item added to, or removed/continued from, the Board of Supervisors Agenda.
ITEM 26 - REVISED BOARD LETTER
ITEM 36 – ADDITIONAL MATERIALS RECEIVED FROM SUPERVISORS FOY AND FLYNN
ITEM 38 – REVISED MEMORANDUM OF UNDERSTANDING
ITEM 41 – LETTER RECEIVED FROM MEMBER OF THE PUBLIC
7. Consent Agenda Items 10 -15 - Review and approve unless an item is pulled for separate action by the Board and moved to the Regular agenda for consideration. Consent items are to be routine and non-controversial. All items are approved as recommended without discussion. (See Guidelines above)
8. Public Comments - Citizen presentations regarding County related matters NOT appearing on this agenda. THE FOLLOWING PERSONS ARE HEARD: CARROLL DEAN WILLIAMS, DON HOLLINGSWORTH AND PAT BROWN
9. Board Comments - Comments by Board members on matters they deem appropriate including memorial adjournments. A Board member may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. A Board member may also provide a reference to staff or other resources for factual information, or request staff to report back to the body at a subsequent meeting concerning any matter. The Board may also direct staff to place a matter of business on a future agenda.
GENERAL SERVICES AGENCY
10. Approval of, and Authorization for, the County Purchasing Agent to Increase Various Annual Service Agreements for Fiscal Year 2006-07, Update #2.
APPROVED
11. Authorization for the County Purchasing Agent to Enter Into Three Job Order Contracts (JOC) with MTM Construction Incorporated.
APPROVED
RESOURCE MANAGEMENT AGENCY - Environmental Health
12. Receive and File the Hazardous Materials Discharge Report for the Period April 7, 2007 Through April 13, 2007 - Proposition 65.
RECEIVED AND FILED
RESOURCE MANAGEMENT AGENCY - Planning
13. Request Continuance to May 8, 2007 at 1:30 p.m. of the May 1, 2007 Scheduled Public Hearing Regarding General Plan Amendment No. GP07-01 - Reduced Traffic Level of Service Standard and Planned Number of Travel Lanes for State Highway 118 Between State Highway 34 and Santa Clara Avenue; Incorporation of New Goals, Policies and Programs to Implement the Board-Adopted Ventura County Transportation Vision; and Various Minor General Plan Clean-up Amendments.
CONTINUED TO MAY 8, 2007 AT 1:30 P.M.
TREASURER-TAX COLLECTOR-PUBLIC ADMINISTRATOR
14. Receive and File the Report of Receipts and Disbursements for the Month Ending March 31, 2007.
RECEIVED AND FILED
UNSCHEDULED VACANCY
15. Receive and File an Unscheduled Vacancy Notice for Ruth Ann McAllister from the Ventura County Commission for Women and for Mike Brooks from the Oak View Local Recreation Advisory Commission.
RECEIVED AND FILED
TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS
9:30 A.M.
16. Presentation of a Resolution Proclaiming April 23 - 29, 2007 as "Cover the Uninsured" Week.
(Supervisor Bennett) MADE PRESENTATION
17. Presentation of a Resolution Proclaiming April 2007 "Child Abuse Prevention" Month.
(Supervisor Parks) MADE PRESENTATION
18. Presentation of a Resolution Proclaiming May 2007 "Mental Health" Month.
(Supervisor Parks) MADE PRESENTATION
19. SECOND HEARING - Adoption of an Amendment to the Ventura County Ordinance Code, Division 1, Chapter 3, Article 4, Civil Service Commission (Chief District Attorney Investigator).
(Heard on April 17, 2007 - Item 27) (County Executive Office - 5 Minutes)
ADOPTED ORDINANCE #4359; WITH SUPERVISOR BENNETT ABSENT
10:00 A.M.
20. Presentation of a Resolution Proclaiming May 2007 "Water Awareness" Month.
(Supervisor Parks) MADE PRESENTATION
21. Receive an Oral Presentation by the Community Action Partnership.
(Supervisor Long) RECEIVED ORAL PRESENTATION
22. Discuss and File a Report of Investments for the Month Ending March 31, 2007, Including Market Values for Investments for the Month. (Treasurer - Tax Collector)
DISCUSSED AND FILED
23. Receive and File an Oral Presentation and Update by the County Executive Officer Regarding FY 2006-07 and FY 2007-08 Ventura County Budget. (County Executive Office)
NO ORAL PRESENTATION HEARD
10:30 A.M.
24. Public Hearing Regarding Adoption of a Resolution and Approval of Amendments to the Rent and Fee Schedule for Ventura County Parks. (General Services Agency)
APPROVED
25. Recommendation by Supervisor Parks to Approve Meetings with East County Cities to Determine if There is Support for a Tierra Rejada Greenbelt Ordinance; and, if Determined, Return a Shared Funding Arrangement to the Board to Draft Ordinances for Consideration by the Cities and County. (Supervisor Parks)
APPROVED AS MODIFIED; WITH SUPERVISOR FOY DISSENTING
11:00 A.M.
26. Recommendation of Supervisor Foy to Adopt an Ordinance Regarding Term Limits for Members of the Board of Supervisors. (Supervisor Foy)
READ ORDINANCE IN TITLE ONLY; SECOND HEARING SET TO MAY 8, 2007 AT 9:30 A.M.; WITH SUPERVISOR FLYNN ABSTAINING
12:00 P.M.
Closed Session - It is the intention of the Ventura County Board of Supervisors and the In-Home Supportive Services (IHSS) Public Authority Board to meet in Closed Session to consider the following items at 12:00 p.m. or earlier based on Agenda progress:
BEFORE THE VENTURA COUNTY BOARD OF SUPERVISORS:
27. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, § 54957.6)
COUNTY DESIGNATED REPRESENTATIVES: Marty Robinson, John K. Nicoll
EMPLOYEE ORGANIZATIONS:
Service Employees International Union, Local 998
Ventura County Sheriff’s Correctional Officers’ Association
California Nurses Association
Ventura County Professional Firefighters Association
Criminal Justice Attorneys’ Association of Ventura County
NO ACTION TAKEN
28. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code, § 54956.9)
PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (a):
NAMES OF CASES: (1) Union of American Physicians & Dentists v. County of Ventura, Public Employment Relations Board Case No. LA-CE-337-M; (2) Habitat for Hollywood Beach v. California Coastal Commission, County of Ventura, et al., Los Angeles County Superior Court Case No. BS 101782
NO ACTION TAKEN
BEFORE THE VENTURA COUNTY IHSS PUBLIC AUTHORITY BOARD:
29. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, § 54957.6)
COUNTY DESIGNATED REPRESENTATIVES: Marty Robinson, John K. Nicoll
EMPLOYEE ORGANIZATION: Service Employees International Union, Local 998
NO ACTION TAKEN
REGULAR AGENDA
HEALTH CARE AGENCY – Ambulatory Care
30. Approval of, and Authorization for, the Health Care Agency Director, or Designee, to Sign the Professional Services and Operations Agreement for the Operation of the Magnolia Family Medical Clinic - Effective May 1, 2007.
APPROVED
31. Approval of, and Authorization for, the Health Care Agency Director, or Designee, to Sign the Professional Services and Operations Agreement for the Operation of the Fillmore Family Medical Group and Piru Family Medical Center - Christine Johnston, M.D., Inc. – Effective June 1, 2007.
APPROVED
HEALTH CARE AGENCY - Behavioral Health
32. Ratification and Approval of the FY 2006-07 Memorandum of Understanding (MOU) and Approval of the FY 2007-08 MOU Between the County of Ventura and the Ventura County Office of Education to Transfer Individuals with Disabilities Education Act (IDEA) Mental Health Grant Funds; and Authorization for the Behavioral Health Director to Sign the MOUs.
APPROVED
HUMAN SERVICES AGENCY
33. Approval of the Re-Appointment of Twelve Current Members to the Ventura County Workforce Investment Board (WIB).
APPROVED
AUDITOR-CONTROLLER
34. Receive and File the County of Ventura Single Audit Report, Report to Management (Management Letter) for the Audit of the Comprehensive Annual Financial Report, and the Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit Calculation for the Year Ended June 30, 2006.
RECEIVED AND FILED
COUNTY EXECUTIVE OFFICE
35. Ratification, Approval, and Authorization for the Purchasing Agent, or Designee, to Sign a Contract Amendment with Rodriguez Consulting, Inc. for the Development and Update of the Integrated Regional Water Management Plan (IRWMP) REQUIRES 4/5THS VOTE
APPROVED
36. Adoption of Ordinance Code Amendments to Ordinance No. 4350 and 4322 - Ventura County Campaign Finance Reform.
READ ORDINANCE IN TITLE ONLY; CONTINUED FINAL ADOPTION TO MAY 8, 2007 AT
9:30 A.M.; WITH SUPERVISORS FOY AND FLYNN DISSENTING
37. Authorize Issuance, Sale, and Delivery of Tax and Revenue Anticipation Notes (TRANs) by Ventura County, in an Amount Not to Exceed $160,000,000 for FY 2007-08; and Authorize Expenditures Related to this Borrowing.
APPROVED
38. Adoption of the 2006-07 Memorandum of Agreement Between the County of Ventura and the Criminal Justice Attorneys' Association of Ventura County (CJAAVC) (Proposed Salary / Benefit Increase - No Material Impact on Funding of Retirement System).
SECOND HEARING SET TO MAY 8, 2007 AT 9:30 A.M.
DISTRICT ATTORNEY
39. Authorization for the District Attorney to Apply for Grant Funds from the California Consumer Protection Prosecution Trust Fund.
APPROVED
POLICY MATTERS
40. Recommendation of Supervisor Bennett to Support Legislative Enactment of Assembly Bill (AB) 738 (Strickland), Ojai Basin Groundwater Management Agency Fee Authorization.
APPROVED
41. Recommendation of Supervisor Long to Approve and Authorize the Filing of a Comment Letter Supporting the Environmental Protection Agency's (EPA) Proposed Listing of the Former Halaco Engineering Company Facility as a Superfund Site.
APPROVED
PUBLIC WORKS AGENCY - County of Ventura
42. Ratification and Approval of the New Master Agreement Administering Agency-State Agreement for State-Funded Projects No. 07-00022S with the California Department of Transportation (Caltrans); and Adoption of a Resolution Authorizing the Director of the Public Works Agency or the Director of the Transportation Department to Sign Program Supplements to the New Master Agreement, All Supervisorial Districts.
APPROVED
43. Approval of the Plans and Specifications and Award of Contract to Alliance Contracting, Inc. for the Phase II Trail and Rail Bed Project (No. ENX99312); and Acceptance of Grant Funding from the California Resource Agency and Authorization for the County Executive Officer, or Designee,
to Implement the Grant as Accepted. REQUIRES 4/5THS VOTE
APPROVED
44. Approval of a Contract Modification to a Consulting Service Contract with Kinley-Horn for the Design of the Rancho Camulos Rail and Trail, AE No. 01-50, Project No. ENX99312, Supervisorial District No. 3; and Confirmation of Modifications of Contract Nos. 7, 8 & 9, Previously Issued and Executed by Staff.
APPROVED
45. Approval of Plans and Specifications (Including Addenda Nos. 1 - 4) and Award of a Construction Contract to Mendez Concrete for the Tapo Canyon Park Improvement Plans, Specification No. CP07-06, Project No. ENT05405, Supervisorial District No. 4.
APPROVED
CORRESPONDENCE AGENDA
Receive and File Correspondence Agenda Items 46 Through 48 - Communications Received and Filed by the Clerk of the Board on Behalf of the Board of Supervisors, with Copies Furnished as Indicated.
46. Receive and File Correspondence from C. Scott Harris, Jr., from the State Of California Department of Corrections and Rehabilitation Office Regarding the Review Process for the Minimum Standards for Local Adult Detention Facilities.
RECEIVED AND FILED
47. Receive and File Correspondence from Carroll Dean Williams Regarding an E-mail Sent to Supervisor Foy.
RECEIVED AND FILED
48. Receive and File Correspondence from Residents of the Strickland Tract Regarding the Transfer of Watershed Protection Money from Zone 2 to Zone 1 that Occurred at the December 19, 2006 Board of Supervisors Meeting.
RECEIVED AND FILED
ADDENDUM CLOSED SESSION
49. BEFORE THE VENTURA COUNTY FIRE PROTECTION DISTRICT BOARD:
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, § 54957.6)
COUNTY DESIGNATED REPRESENTATIVES: Marty Robinson, John K. Nicoll
EMPLOYEE ORGANIZATION: Ventura County Professional Firefighters Association
NO ACTION TAKEN
50. At 3:15 p.m. the Board hereby adjourns in respect to the memory of Stuart S. Taylor, Gale Vernon Klingler, Linda Jean Gowan, Harry K. Stallings, Joseph Bartholomew Manfredi, Mark Laufbaum, Martin A. Schambra, Walter Carlos Lindsey, Roy C. Wilson Jr., Robert Lee Black, Lucas James Scott, Jewell Tolkin, Pamela Maria Delgado, Ernesto V. ‘Eaglebeak’ Martinez, Ernest Paul Esparza Sr., Agnes J. Williams, Rosa ‘Rosita’ Torres, Aurora Sandoval Ramos, Francisco Arias, James A. Reardon, Betty M. Blackler, William H. Moser, and James C. ‘Smitty’ Smith.





