regular meeting agenda - Granicus

MEMBERS OF THE BOARD

JUDY MIKELS, District 4 CHAIR Simi Valley, Moorpark, Somis, Las Posas Valley,Santa Susana Knolls, Box Canyon, ChatsworthPeak, Home Acres, Sinaloa Lake, and Tierra Rejada Valley STEVE BENNETT, District 1 San Buenaventura, Montalvo, Saticoy, OjaiValley, City of Ojai, Upper Ojai Valley, OxnardShores, Mandalay Bay, Northwest Oxnard, andNorth Coast LINDA PARKS, District 2 Thousand Oaks, Newbury Park, Westlake, OakPark, Bell Canyon, Hidden Valley, LakeSherwood, Portions of the Oxnard Plain, SantaRosa Valley, Naval Base Ventura County PointMugu, California Air National Guard, and SouthCoast KATHY I. LONG, District 3 Camarillo, California State University/ChannelIslands, Port Hueneme, Southeast Oxnard, EastOxnard Plain, Santa Paula, Fillmore, Piru,Lockwood Valley, and Eastern Portion of NavalBase Ventura County Port Hueneme

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Assesat theRoom The Aat 5:3Supe AGEN

REGULAR MEETING AGENDA

October 21, 2003

8:30 A.M. Board of Supervisors

Ventura County

County Government Center

JOHN F. JOHNSTON, County Executive Officer and Clerk of the Board of Supervisors ROBERTA RODRIGUEZ, Chief Deputy Clerk of the Board (805) 654-2251 FRANK O. SIEH, County Counsel WEB ACAt: http://wLive BroadBoard Caleand Summ

JOHN K. FLYNN, District 5 Oxnard, Silver Strand, Hollywood Beach,Hollywood By the Sea, Channel Islands Harbor,El Rio, Nyeland Acres, Del Norte Area, OxnardCollege, Oxnard Plain, Strickland and Portion ofNaval Base Ventura County Port Hueneme

s who require accommodation for any audio, visual or other disability in order to review an agenda, or to pate in a meeting of the Board of Supervisors per the American Disabilities Act (ADA), may obtain assistance uesting such accommodation in writing addressed to the Clerk of the Board, 800 South Victoria Avenue, Loc. Ventura, CA 93009 or telephonically by calling (805) 654-2251. Any such request for accommodation should e at least 48 hours prior to the scheduled meeting for which assistance is requested.

LEGAL NOTICES

sment Appeals Board No. 1 will hold hearings on Monday, October 20, 2003, at 9:30 a.m., Ventura County Government Center, Hall of Administration, Board of Supervisors Hearing , 800 South Victoria Avenue, Ventura, California.

ir Pollution Control District (APCD) Hearing Board will meet on Monday, October 20, 2003, 0 p.m., at the Ventura County Government Center, Hall of Administration, Board of rvisors Hearing Room, 800 South Victoria Avenue, Ventura, California.

DA/LEGAL NOTICES -1- OCTOBER 21, 2003

Hall of Administration Board of Supervisors

Hearing Room 800 S. Victoria Avenue

Ventura, California 93009

CESS ww.countyofventura.org cast and Video Archives ndar, Agenda, Agenda Items, ary of Actions

http://www.countyofventura.org/

AGENDA/LEGAL NOTICES -2- OCTOBER 21, 2003 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:

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 before the end of the public comment period. In case of an agendized item, speaker cards must be submitted before the item is taken up for consideration. The Clerk may not accept any additional speaker cards once an item commences. Also, citizens desiring to address matters appearing on the Consent Agenda should make their presentations under Public Comment and Consent Agenda comments.

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. 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 an amended resolution 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 an non-audible mode.

OPENING

1. Invocation � Pastor Kenn Bergmann, Ascension Lutheran Church, Thousand Oaks. 2. Pledge of Allegiance to the Flag of the United States of America. AGENDA/LEGAL NOTICES -2- OCTOBER 21, 2003

http://www.countyofventura.org/

AGENDA/LEGAL NOTICES -3- OCTOBER 21, 2003

OPENING, CONTINUED 3. Minutes of the meeting of the County and Special Districts governed by the Board held Tuesday,

October 14, 2003. 4. Agenda Review � Consider changes to the Board of Supervisors Agenda. 5. Consent Agenda Items 8 - 18 - 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)

6. Public Comments � Citizen presentations regarding County related matters NOT appearing on

this agenda. (See Guidelines above) 7. Board Comments � Comments by Board Members on matters they deem appropriate.

CONSENT AGENDA COUNTY EXECUTIVE OFFICE 8. Approval of FY 2003-04 Budget Adjustments.

REQUIRES 4/5ths VOTE CEO RECOMMENDS APPROVAL AS PROPOSED

FIRE PROTECTION DISTRICT 9. Approval of a Proposed Agreement to Allow the Pleasant Valley School District to Use the Vacant

Santa Rosa Valley Fire Station Site for Overflow Parking. CEO RECOMMENDS APPROVAL AS PROPOSED

GENERAL SERVICES AGENCY 10. Authorize the County Purchasing Agent to Enter Into a Single Job Order Contract (JOC) with

MTM Construction Company. CONTRACT ON FILE WITH THE CLERK OF THE BOARD CEO RECOMMENDS APPROVAL AS PROPOSED



CONSENT AGENDA, CONTINUED

HARBOR DEPARTMENT 11. Approval of an Amendment to a Purchase Order with Van Etten, Suzumoto & Becket LLP and an

Amendment to a Contract with Demetrio, Del Guercio, Springer & Francis LLP, and Ratification of Temporary Rates at the Former Channel Islands Marina. (Continued from 10/14/03 - Item 9) CEO RECOMMENDS APPROVAL AS PROPOSED

HEALTH CARE AGENCY � Behavioral Health 12. Ratification and Approval of the 2003-04 State Department of Mental Health (DMH) Contract for

the Managed Mental Health Care for Medi-Cal Eligible Beneficiaries Contract; 2003-04 State Performance Contract; and the 2002-03 State Hospital Contract. CONTRACTS ON FILE WITH THE CLERK OF THE BOARD CEO RECOMMENDS APPROVAL AS PROPOSED

HEALTH CARE AGENCY � Ventura County Medical Center 13. Approval of the Amendments to Purchase Order Contracts With Meditech Health, Pro Nurse, On

Assignment, EZ Staffing, St. John�s Regional Imaging, Cabrillo Radiation, Quest Diagnostics, California Department Health Genetic Disease, Medical Data Exchange, Medical Information Technology, G.E. Medical Systems, David Manigault & Associates, LLC., Mediscan Diagnostic Services, Science Healthcare Inc., Data Systems Group, Tri-Valley Respiratory, Stat Healthcare Consultants, Total E Med Corporation, McKesson Corporation and Hooper, Lundy & Bookman. CEO RECOMMENDS APPROVAL AS PROPOSED

HUMAN SERVICES AGENCY 14. Approval of an Agreement with the Economic Development Collaborative � Ventura County to

Provide a Job Retention and Business Enhancement Program. AGREEMENT ON FILE WITH THE CLERK OF THE BOARD CEO RECOMMENDS APPROVAL AS PROPOSED

15. Acceptance of a Grant From The State of California to Operate a Fiscal Year 2003-04 Veterans Workforce Investment Program and Approval of a Contract with the Employment Development Department to Provide Veteran Workforce Services. CONTRACT ON FILE WITH THE CLERK OF THE BOARD CEO RECOMMENDS APPROVAL AS PROPOSED



CONSENT AGENDA, CONTINUED

PUBLIC WORKS AGENCY � County of Ventura 16. Adoption of a Resolution Accepting an Award of Grant Funds by the California Integrated Waste

Management Board Under Their FY 2003-04 Reuse Assistance Grant Program, Contract RU7-03-8. REQUIRES 4/5ths VOTE GRANT AGREEMENT ON FILE WITH THE CLERK OF THE BOARD CEO RECOMMENDS APPROVAL AS PROPOSED

17. Receive and File the Bond Book � Fifth Edition � Revisions, All Supervisoral Districts.

CEO RECOMMENDS APPROVAL AS PROPOSED RESOURCE MANAGEMENT AGENCY � Environmental Health 18. Receive and File Hazardous Materials Discharge Report from October 6, 2003 Through October 12, 2003 � Proposition 65.

CEO RECOMMENDS APPROVAL AS PROPOSED

TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS 9:30 A.M. 19. Presentation of a Resolution Honoring Mercy Air�s 5th Anniversary in Ventura County.

(Supervisor Mikels) 20. Presentation of a Resolution Honoring Pinecrest School for Receiving the National Blue Ribbon

from the U.S. Department of Education. (Supervisor Parks)

10:00 A.M. 21. Approval to Modify the Intersection of Santa Rosa Road and Moorpark Road, Supervisorial

District No. 2. (Public Works Agency) (Letter submitted from Greg Horne, Sr.) CEO RECOMMENDS APPROVAL AS PROPOSED AGENDA/LEGAL NOTICES -5- OCTOBER 21, 2003


TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS, CONTINUED 11:00 A.M. 22. Closed Session � It is the intention of the Ventura County Board of Supervisors to meet in closed

session to consider the following items at 11:00 a.m. or earlier based on Agenda progress: (A) CONFERENCE WITH LABOR NEGOTIATIORS (Gov. Code, § 54957.6) COUNTY DESIGNATED REPRESENTATIVES: John Nicoll, Thomas Womack EMPLOYEES ORGANIZATIONS:

(1) Ventura County Professional Firefighters Association (2) Service Employees International Union, Local 998

(B) CONFERENCE WITH LEGAL COUNSEL � EXISTING LITIGATION (Gov. Code, § 54956.9)

PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (a):

NAMES OF CASES: (1) County of Ventura v. Channel Islands Marina, Inc., et al., Ventura County Superior Court Case No. CIV 219020; (2) Gregory D. Totten/City of Thousand Oaks/Citizens for a Safe Ventura County, et al. v. Board of Supervisors of Ventura County, Ventura County Superior Court Consolidated Case No. CIV 220981 [CIV 221074; CIV 222777]; (3) Genell Ann Whitlock v. Thomas Joseph Peterson, et al., Ventura County Superior Court Case No. CIV 212915

(C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code, § 54956.8) PROPERTY: Channel Islands Marina, Oxnard, California Parcels D, D-1, D-2, E, E-1, E-2, E-3 COUNTY NEGOTIATOR: Lyn Krieger, Director, Harbor Department NEGOTIATING PARTIES: Almar Management, Inc./Randy Short; Bellport/Dick Stevens;

CIMBA LLC/Mark Graves; Channel Islands Boaters Association/Ara Nersesyan; California Yacht Marina/Kevin Ketchum; Kingman Hawkes International/Llew Werner, Scott Ramser; Vintage Marina/ Morrie Harrison, Brian Dunn

UNDER NEGOTIATION: Terms of Lease AGENDA/LEGAL NOTICES -6- OCTOBER 21, 2003


REGULAR AGENDA

DEPARTMENT OF AIRPORTS 23. Approval of a Request of Freedom Transport, Inc. to Operate an Experimental Aircraft, Model

�Experimental 300�, for the Purpose of Conducting Research and Development Flights from Oxnard Airport. (Continued from 10/14/03 � Item 22) CEO RECOMMENDS APPROVAL AS PROPOSED

HUMAN SERVICES AGENCY 24. Approval and Authorization to Submit an Application to The California Statewide Communities

Development Authority to Secure Long-Term Financing Under CaLease for CalWIN Infrastructure in Fiscal Year 2003-04. CEO RECOMMENDS APPROVAL AS PROPOSED

DISTRICT ATTORNEY 25. Authorization to Apply for and Accept Grant Funds from the National White Collar Crime Center.

REQUIRES 4/5ths VOTE GRANT APPLICATION ON FILE WITH THE CLERK OF THE BOARD CEO SUPPORTS RECOMMENDATIONS 26. Authorization to Apply for and Accept Grant Funds from The State Consumer Protection

Prosecution Trust Fund. REQUIRES 4/5ths VOTE GRANT APPLICATION AND AWARD ON FILE WITH THE CLERK OF THE BOARD

CEO SUPPORTS RECOMMENDATIONS

POLICY MATTERS 27. Recommendation of Supervisor Bennett to Adopt a Board Position Regarding Reorganization of

the Ventura County Transportation Commission Board of Directors. 28. Recommendation of Supervisor Bennett and Long to Direct the County Executive Officer to

Analyze Future Elected Department Head Retirement Benefit Formula Pertaining to Annual Leave Accrual.

29. Recommendation of Supervisor Bennett to Appoint Michael Brooks to the Oak View Local

Recreation Commission. AGENDA/LEGAL NOTICES -7- OCTOBER 21, 2003


REGULAR AGENDA, CONTINUED

POLICY MATTERS, CONTINUED 30. Recommendation of Supervisor Long to Appoint Joyce Wilde to the Ventura County Mental

Health Board. 31. Recommendation of Supervisor Long for a Resolution Supporting the California Coastal

Conservancy to Reserve Funds for the Purchase of Additional Acres within Ormond Beach Wetlands.

PUBLIC WORKS AGENCY � County of Ventura 32. Approval of a Memorandum of Understanding for Biodiesel Fuel Research, Development,

Testing, Evaluation and Procurement in Ventura County. (Continued from 10/14/03 � Item 24) CEO RECOMMENDS APPROVAL AS PROPOSED

33. Approval of a Memorandum of Understanding for Cooperative Activities Related to the Research,

Development, Testing, Evaluation and Procurement of Biobased Products. (Continued from 10/14/03 � Item 13)

CEO RECOMMENDS APPROVAL AS PROPOSED 34. Approval of the Evaluation of Prohibiting the Parking of Commercial Vehicles Along Roads in

Residential Districts, All Supervisorial Districts. CEO RECOMMENDS APPROVAL AS PROPOSED 35. Approval of the Priority Ranking of Project Applications, Congestion Mitigation and Air Quality

Program (CMAQ), and Surface Transportation Program (STP), to the Ventura County Transportation Commission, All Supervisorial Districts. CEO RECOMMENDS APPROVAL AS PROPOSED

CORRESPONDENCE ITEMS 36. Correspondence Items 1 & 2 - Receive and file correspondence from other governmental entities and members of the public. AGENDA/LEGAL NOTICES -8- OCTOBER 21, 2003

CORRESPONDENCE AGENDA

The following 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. COMMUNICATIONS RECEIVED AND REFERRED TO COUNTY DEPARTMENTS AND AGENCIES FOR DIRECT REPLY OR DIRECT ACTION WITH COPIES OF RESPONSE TO BE FURNISHED TO SUPERVISORS AND THE CLERK OF THE BOARD 1. Letter from Wayne Larroque, Ventura County Retired Employees Association, regarding

Medicare Coverage under VCHCP. HUMAN RESOURCES/HEALTH CARE AGENCY

COMMUNICATIONS RECEIVED AND FILED BY THE CLERK OF THE BOARD ON BEHALF OF THE BOARD OF SUPERVISORS, WITH COPIES FURNISHED AS INDICATED.

One (1) card received from Scott Altman, regarding Protecting Vital Public Safety Programs.COUNTY EXECUTIVE OFFICE/SHERIFF�S DEPARTMENT

ALL OF THE ABOVE ITEMS HAVE BEEN FURNISHED TO EACH MEMBER OF THE BOARD OF SUPERVISORS

CORRESPONDENCE AGENDA - 1 - OCTOBER 21, 2003

courrtil ofvantura COUNTY EXECUTIVE OFFICE

JOHN F. JOHNSTON

County Executive Officer

October 21,2003

Board of Supervisors

County af Ventura

800 South Victoria Avenue

Ventura, CaliOornia 93009

I FY 2003-04 BUDGET ADJUSTMENTS

(Requires 4/5 Vote)

IINTRODUGTION:

Subsequent to adoption of the County's Fiscal Year 2003-04 Budget, the State suspended

certain SB90 reimbursements. We had originally appropriated for these expendituresexpecting full reimbursement from the State at a later date. Since the suspension of the

mandate means the State has no intention of paying for these services, we are eliminating

the associated appropriations from the Departmental Budgets. In addition, this yeafsbudget included appropriations for the Juvenile Justice Facility that were expended in the

prior year.

This letter requests adjustments to transfer appropriations forthe departments listed below.

FISCAL IMPACT:

Total increase to the General Fund Contingency per the recommended actions in this letter

is $354,254. If your Board adopts all the recommended actions presented here, the

General Fund Contingency balance in FY 2003-04 will be $2,444,666.

1. Assessor (Org 1311)

I

Recommendations:

It is recommended that your Board authorize the Auditor-Controller to process the

accounting transactions necessary to adjust appropriations as follows:

I DECREASE Salaries and Benefits $3,689INCREASE General Fund Contingency$3,689

Hall of Administration L # 1940800 South Victoria Avenue, Ventura, CA 93009. (805) 654-2680. FAX (805) 654-5106

FY 2003-C4 Budget AdjustmentsOctober 21,2003

Page 2

I

I FiscaVMandates Impact:

I

Mandatory: Yes/Suspended (Tax Relief)Source of Funding: SB 90

Funding Match Required: None

I Impact on Other Departments: None

Current Year Bud et Pro"ection:

I Org 1300 Adopted Adjusted Projected Estimated

IBud et Bud et Bud et Savin s/Deficit

A ro iations 10,753,153 10,753,153 10,753,153 O

Revenue 3,693,521 3,693,521 3,693,521 O

Net Cost 7,059,632 7,059,632 7,059,632 O

Discussion:

Proposition 58 provides, with certain limitations, that a "change in ownership" does not

include the purchase or transfer of the principal residence between parents and child,

or from grandparents to grandchildren. Claims for such property reassessment

exclusion, when approved, allow property transferred between family members to be

exempt from increases in property taxes associated with the transfer.

Applications for such property reassessment exclusion are processed by the

Assessofs Office. The cost of staff time associated with these applications processing

were previously reimbursed under SB 90. This SB 90 reimbursement has been

suspended by the State. Therefcre, we are eliminating the correspondingappropriations approved by your Board at the final Budget hearings. The Assessor has

I indicated that the program will be continued and will absorb any associated costs.

2. RMA-Environmental Health (Org 4754)

IRecommendations:



DECREASE Salaries andBeneOts$7,300DECREASE Aid from Other Governmental Units$7,300

FY 2003-04 Budget AdjustmentsOctober 21,2003

Page 3

Fiscal/Mandates Impact:

Mandatory: Yes/Suspended (Pacific Beach Safety)

Source of Funding: SB 90


Impact on Other Departments: None

Current Year Bud et Pro ection:

Org 4750 Adopted Adjusted Projected Estimated

Bud et Bud et Bud et Savin s/Deficit

A ro riations 6,210,541 6,210,541 6,210,541 O

Revenue 6,925,000 6,925,000 6,925,000 O

Net Cost 714,459 714,459 714,459 O

Discussion:

The RMA Environmental Health Department posts notices at County beaches at which a

sewage spill is determined to adversely affect ocean water quality. RMA Environmental

Health had previously been reimbursed under SB 90 for staff time associated with

posting these infrequent notices. This SB 90 reimbursement has been suspended by the

State. RMA has indicated that the program will be continued and will absorb anyassociated costs.

3. HCA-Public Health (Org 5100)

Recommendations:



DECREASE Salaries & Benefits $2,000INCREASE General Fund Contingency $2,000

FiscaVMandates Imoact:

Mandatory: Yes/Suspended

(SIDS Contact by Local Health Officers)Source of Funding: SB 90



1


Page 4

I

Current Year Bud et Pro'ection:

Adjusted EstimatedOrg 5100 Adopted ProjectedBud et Bud et Bud et Savin s/Deficit

A ro riations 18,281,101 18,718,114 18,718,114 OI

Revenue 17,573,300 1 7,573,300 1 7,573,300 O

Net Cost 707.801 1,144,814 1,144,814 O

The adjusted budget includes encumbrances from the prior year that were rolled

forward to the current fiscal year, as well as any adjustments for termination pay,

vacation buybacks and management retiree health benefits.

Discussion:

Costs forthis mandate include labor and supplies for local health officer or designated

agent who contacted infant parent or guardian for the purposes of providing

Iinformation, support, referral, and follow up services relating to SIDS. Public Health

I had been previously reimbursed under SB90 for their services. This SB9Gi

Reimbursement has been suspended by the State. Public HeaEh has indicated they

will continue the program and absorb any associated costs.

4. Sheriff-Detention Services (Org 4050)

Recommendations:



DECREASE Salaries and Benefits $40,TOOINCREASE General Fund Contingency $40,700

Fiscal/Mandates lmpact:

I Mandatory: Yes/Suspended

Source of Funding: SB 90

(Misdemeanor Booking, Fingerprinting)I



Current Year Bud et Pro"ection:



A ro riations 64,046,724 64,279,329 67,579,329 -3,300,000

Revenue 30,499,564 30,499,564 30,499,564 O

Net Cost 33,547,160 33,779,765 37,079,765 -3,300,000


I

Page 5

II

I

I Discussion:

I

The Sheriff Detention Services unit provides misdemeanor booking & fingerprinting at

the Main jail and the East County Jail. The Sheriff had previously been reimbursed

under SB 90 for staff time associated with processing these services. This SB 90

program has been suspended by the State. The Sheriff intends to continue these

services as they are essential to its operations.

5. Probation-

Juvenile Justice Center (Org 4212)

Recommendations:


accounting transactions necessary to adjust appropriations and revenue as follows:

(4/5 vote)

DECREASE Services and Supplies $307,865

INCREASE General Fund Contingency$307,865I

FiscaVMandates Impact:

Mandatory: No

Source of Funding: General Fund Appropriations

Funding Match Required: No

Impact on Other Departments:NoneI

I

i

Current Fiscal Year Bud et Pro~ection AP06:


Budget Budget Budget Savings(Deficit)

A ro riations 47,306,387 47,306,387 47,306,387 O

Revenue 20,923,122 20,923,122 20,923,122 O

Net Cost 26,383,266 26,383,266 26,383,266 O

Discussion:i

I

Probation received a fy2003-04 post-preliminary budget increase of $1,563,100 to payfor

IJJC start-up operating supplies that they were unable to encumber in FY 2002-03 due to

the delay in taking occupancy of the new facility. However, Probation was able to

purchase $307,865 of these items, mainly furniture and office supplies, before the end of

last fiscal year. $ince these items were purchased last fiscal year, the appropriations for

them this year are no longer needed.


Page 6

I

We appreciate ail the work of departments including their timely responses to our requestto provide the necessary information.

itor-Controllefs Office and County Counsel have reviewed this letter. Should youh vea questions, please me at 662-6792.

1-

\\tlA~l-PAUL DERSE

Chief Deputy Executive Officer

c: Agency/Department Heads

Agency/Department Fiscal Officers

CEO Budget Staff

CEO AnalystsI

i

i

i

I

VEMTURA COUNTY

FIRE PROTECTION DISTRICT BOB ROPER

County Fire Chief

i~o'Y~ty rir,6

165 Durtey Avenue%

1-

Camarillo, CA 93010-85863

lb

(805) 389-9710"

94t& RiesFAX (805) 388-4864

I

October 21, 2003

Board of DirectorsI

Ventura County Fire Protection Districti


Ventura, CA 93009

SUBJECT:

Proposed Agreement To Allow the Pleasant Valley Schoof District To Use the

Vacant Santa Rosa Valley Fire Station Site for Overflow Parking.

RECOMMENDATION:

Authorize the Chair of the Board of Directors to sign the agreement allowing the

use of the land.

FISGAL IMPAGT:

There is no fiscal impact to the Fire District.

DISCUSSION:

The Pleasant Valley Schoof District approached the Fire District through

Supervisor Parks' office to obtain permission to park cars on the vacant land heldI

by the Fire District in Santa Rosa Valley. The District site abuts Santa Rosa

School's eastern-most parking lot. The school district creates a dangerous

situation when they hold certain school functions and parking overflows onto

Santa Rosa Road. The school would like to park excess cars on the Fire

District's land to avoid this sRuation.

The Fire District has no immediate or near-term plans to develop the site.

Moreover, allowing the schoof to use the site lowers the Fire District's annual

maintenance costs at the site because the school district will do weed

Committed fo ExceJlence... Delivered with Pride

Providing protection and preservation of life, property and environment to: The Cities of Camarillo, Moorpark, Ojai, Port Hueneme,

Simi Valley, Thousand Oaks, and the unincorporated areas of Ventura County.

1

Board of Directors

October 21,2003

Page 2I

abatement. This agreement will allow good use of the property until such time as

the Fire District's needs change.

This Board letter has been reviewed by the County Executive Office, the Auditor-

Controller's OFOce, County Counsel, and Risk Management. If you have anyquestions, please contact me at 389-9700 or Dave Festerling, Deputy Fire Chief,

at 389-9704.

I4

BOB R.. R

Fire Chief

Attachment: Property Use AgreementII

Property Map

I

BR/DF:jn

I

I

1

Property Use Agreement

1. Purpose

I This agreement is made by and between the Ventura County Fire Protection

District r`District") and the Pleasant Valley School District ("School"). The

purpose af the agreement is to set forth the conditions by which the School may

use District land for overflow parking as reasonably necessary. The School

desires to use approximately the northern half of Assessor's Parcel Number

(APN) 519-009-035-5 located on Santa Rosa Road and owned by the District

(See Attachment A). This parcel is currently vacant and held by the District for

future fire station development. The proposed access to the District parcel is

from the easterly end of APN 519-009-032-5, owned by the School and currently

used for parking. This agreement is solely for the convenience of the School and

does not create any property rights, including easements or otherwise, in School.

I 11. Term

This agreement shall remain in effect until terminated by either party. Either

party may cancel this agreement with 30 days notice given in writing.

Within 30 days of the date of termination, the District shall remove the access

from the School parking lot by returning the grade, as near as possible, to its

original condition. Likewise, within 30 days of the date of termination, the School

shall remove its gate and return the fence to its original condition.

111. Limitations on School's Use and Responsibilities of SchoolI

School shall only use of District property for parking and only during official

school functions for which the School is fully responsible. School shall providewritten notice five working days prior to any parking use of District Property.

School shall not store vehicles, objects, or materials of any kind on District

property.

School shall control access from School parking lot to District property at all

times. School shall install a gate between School parking lot and District

property. This gate shall remain closed and locked when not in use for overflowII

parking.

Other uses of District property by School, not contemplated in this agreement,shall be granted at the sole discretion of the District. School must request anyalternate use of District property, in writing, sufOciently in advance of anticipated

use.

School shall maintain that portion of District property used for parking in a weed-

free condition and reasonably free of litter.

1

District shall have access to and use of its property upon five working days'II written notice to School.

IIV. Current Status of District Property

II The following reflects the current status of District property, although District isI

not responsible to continue or maintain that status:I

District maintains physical access to its property from the School's eastern

parking lot. District has graded and contoured its property to facilitate properdrainage and parking. District has trimmed trees and removed weeds and litter

from the portion of its property not used for parking by School. District has a

fence along the northern perimeter of its property.

V. Hold Harmless

To the fullest extent permissible by law, the School expressly undertakes to and

will defend, indemnify, and save the District, its officers, agents, and employeesfree and harmless from and against any and all claims, demands, damages,

actions, expenses, suits, liabilities, or proceedings and other costs arising out of

or in connection with any act, omission, work, duties, operations, or negligence

arising out of any incident, injury, or damage whatsoever caused or occurring to

any person or property on or arising out oO the School's use of District property as

defined in this agreement.I

To the fullest extent permissible by law, the District expressly undertakes to and

will defend, indemniOy, and save the School, its officers, agents, and employeesfree and harmless from and against any and all claims, demands, damages,

actions, expenses, suits, liabilities, or proceedings and other costs arising out of

or in connection with any act, omission, work, duties, operations, or negligence

arising out of any incident, injury, or damage whatsoever caused cr occurring to

any person or property on or arising solely out of the District's conduct pursuantto this agreement.

II V1. Notices

All notices required under this agreement shall be in writing and may be given byII

Ifacsimile (FAX), personal delivery, or by mail. Notices shall be sent to:

DISTRICT SCHOOL

Bob Roper, Fire Chief Jan Maez

Ventura County Fire Protectjon District Assistant Superintendent

165 Durley Avenue Fiscal & Administrative Services

Camarillo, CA 93010 600 Temple Avenue

Phone: (805) 389-9710 Camarillo, CA 93010

FAX: (805) 383-4787 Phone: (805) 445-8628

FAX: (805) 445-8613

2

VII. Entire Agreement

This writing embodies the entire agreement and understanding between the

parties hereto, and there are no other agreements and understandings, oral or

written, with reference to the subject matter hereof.

VII1. Third-Party Benefit

This agreement shall not be construed as, or deemed to be an agreement for,

the benefit of anyone not a party hereto, and anyone wh-o is not a party hereto

shall not have a right of action hereunder for any cause whatsoever.

IX. Approvals

Judy Mikels Ron Speakman

Chair, Board of Directors President, Board of Trustees

Ventura County Fire Protection District Pleasant Valley School District

I

I

ATTEST: JOHN F. JOHNSTON ATTEST: HOWARD HAMILTON

Clerk of the Board of Directors, Secretary of the Board of Trustees

Ventura County Fire Protection District, Pleasant Valley School District

ICounty of Ventura, State of California.

By: By:

Deputy Clerk oO the Board

I

3

+ +

1

I

I I

I

++

f,`/

countnof vinturaI

Paui W. Ruffin

Director

11 OF t GENERAL SERVICES AGENCY

Hall of Administration, L#1000

800 South Vidoria Avenue=, Ventura, CA93009

(805) 654-3700

lp

October 21,2003

County of Ventura


800 South Victoria AvenueI

Ventura, CA 93009

SUBJECT: AWARD OF JOB ORDER CONTRACT TO

MTM CONSTRUCTION COMPANY

RECOMMENDATIONS:

Authorize the County Purchasing Agent to enter into a single Job Order Contract

I (JOC), not to exceed $3 million annual cap, with MTM Construction Company. A

copy of the contract is on file with the Clerk of the Board.

FISCAL/MANDATES IMPACT:

The JOC serves as a mechanism to facilitate completion of planned budgeted

projects. All savings will accrue to the specific fund in which the project is

budgeted.

Mandatory: No

Source of Funding: Required Maintenance, Facilities and Materials

Facilities Projects, Internal Service Fund, and

other Departments

Funding Match Required: N/A

Impact on Other Departments: Improves service delivery

1 ,fl,nB"i-

?=illti itTahe 4 eg

Adopted AdjustedProjected Estimated

Budget Budget Budget Savings/(Deficit)

A ro riations $8,750,000 $8,750,000 $8,750,000 $0

Revenue $8,Tso,ooo $8,750,000 $8,750,000 $0

O eratin Loss $0 $0 $0 $0

e

,.


Award of Job Order Contract to MTM Construction Company

October 21,2003

Page 2

DISCUSSION:I

The General Services Agency (GSA) has been using JOC's since 1996 to

complete projects. Specifications have established unit prices for the repair,alteration, modernization, maintenance, and rehabilitation of buildings, structures,

or other real property. The primary benefit of a JOC is that it provides a vehicle

for expediting the processing time for completion of General Fund,Required

Maintenance projects and any GSA managed projects for non-General Fund

entities. Additional benefits are:

I Reducing the number of requisitions wrinen and processed.Lowering document distribution costs.

Reducing the number of purchase orders and payments processed by the

Auditor-Controller.I Reducing staff time spent verifying licenses, bonds, and insurance.

Reducing and/or eliminating change order claims and architectural and

engineering design fees for small projects.

Your Board is empowered, under Section 20128.5 of the Public Contract Code,

to award individual annual contracts that do not exceed $3,000,000 or are for

new construction or architectural services. This JOC meets the criteria. JOC is acompetitively bid, firm fixed priced indefinite quantity contract. Two (2) vendors

responded to Invitation for Bid #5150 that closed on September 4, 2003. ln

accordance with the bid process stated in the invitation, MTM Construction

Company was selected as the lowest, responsible bidder. The value of each

individual project undertaken will not be less than $100,000. This contract will

expire twelve months from the effective date or upon reaching the $3 million limit.

This JOC is subject to prevailing wage, and therefore exempt from the Living

Wage Ordinance.

I

This letter has been reviewed by the County Executive Office, Auditor-Controller,

and County Counsel.

I lf you have questions regarding this item, please contact Paul Sheehan at 654-

3757.

fpPAULW. UFFIN

Director

c: Paul Sheehan, GSA

a f.

*A

r k,"

CHANNEL ISLANDS HARBOR

U Ventura County Harbor Department*-lln

%a 1-`

3900 Pelican Way oOxnard, CA 93035-4367

lilfop\\\\

I Lyn Krieger Telephone (805) 382-3001

Director FAX (805) 382-3015I

www.channelislandsharbor.org

October 14, 2003


County of Ventura


Ventura, CA 93009

i

I SUBJECT: AMENDMENT TO PURCHASE ORDER-

VAN ETTEN SUZUMOTO &

BECKET LLP, AMENDMENT TO CONTRACT, DEMETRIOU, DEL

GUERCIO, SPRINGER, AND FRANCIS LLP, AND RATIFICATION OF

ITEMPORARY RATES AT THE FORMER CHANNEL ISLANDS MARINA

II

I

Recommendations:

It is recommended that your Board:

1. Approve and authorize the County Purchasing Agent to execute the attached

Amendment to Purchase Order with Van Etten, Suzumoto & Becket LLP increasingthe existing Purchase Order from $75,000 to an amount not to exceed $150,000 for

services projected to exceed the existing Purchase Order for the 2003-04 fiscal year(Attachment A).

2. Approve and authorize the Director of the Harbor Department to execute theI attached contract Amendment with Demetrio, Del Guercio, Springer & Francis LLP

increasing the total contract amount from $250,000 to $400,000 for servicesI projected to exceed the existing contract approved by County Counsel for legal

services (Attachment B).III

3. Authorize the Director of the Harbor Department to approve further increases of upto 10 percent of the total contract amounts if required.

4. Ratify the continuation of the existing slip rates as charged by Channel Islands

Marina until a new lessee is selected. (Attachment C)I


October 14, 2003

Page 2

Fiscal/Mandate Impacts.

Harbor Enterprise Fund 2490

Mandatory: No

,-4aOUFCe of Funding: Harbor Enterprise Fund


I

Impact on Other Departments: Some impact on County Counsel

Summary of Revenue and Costs: 2003-04

Lease Revenue $250,000

Legal Costs $225,000

Temporary Help $ 40,000

Miscellaneous Exp. $ 20 000

Net Income (Loss) ($ 35,000)i

I

i

Although not directly related, we are showing additional revenue received throughI

December 2003 from the leasing of slips at the former Channel Islands Marina property

as an offset to these costs. The other costs shown are directly related to this revenueI

source in that they are the additional costs anticipated for the operation of the former

Channel Islands Marina. Funds are anticipated to be available in the Enterprise Fund to

cover the legal costs.

An appropriation transfer will be processed through the County Executive Office to

I

adjust the Harbor Department Budget.

Current Fiscal Year Budaet Proiections:

I CURRENT FY 2003-04 Budget Projection for Harbor Enterprise

Adopted Adjusted Projected Estimated

Budget Budget Budget Savings/(Deficit)

Appropriations $5,548,934 $5,837,089 $7,150,571 ($1,313,482)

Revenue $5,362,580 $5,362,580 $6,934,286 $1,5TI,706

Operating

Gain/Loss ($186,354) ($474,509) ($216,285) $258,224


October 14, 2003

Page 3

Discussion:

The County Purchasing Agent's authority to independently execute a Purchase Order

for services is limited to $100,000 per fiscal year. Payments to Van Etten, Suzumoto &

Becket LLP, the law firm representing the Harbor in lease negotiations, is anticipated to

exceed the $100,000 limit for the fiscal year 2003-04. This is due to several items

including a number of new/amended leases, the anticipated review of any offers

received on the hotel property, and the execution of documents and closing of the

escrow on the Channel Islands Properties.

The contract with Demetriou, Del Guercio, Springer and Francis LLP was originallyprepared by County Counsel for an amount not to exceed $50,000 by County Counsel.

In June of this year, your Board approved an increase to $250,000 for the ongoinglitigation with Channel Islands Marina. Unfortunately, the cost of this litigation has now

exceeded this amount, and we are asking to increase this contract to $400,000.

Obviously, we do not wish to expend this amount, and will limit these expenditures as

much as is possible under the circumstances. County Counsel approved initial

contracts with both legal firms and continues to review their work product.

Due to the poor condition of the docks and other facilities, as well as the strain that the

boaters have endured during the negotiation process, we recommend ratification of the

existing slip rates.

At this time, funds are anticipated to be available within the Enterprise Fund to cover

these legal costs. However, should this litigation continue foa an extended period, the

Harbor Department may need to request an additional funding source.

This item has been reviewed by the County Executive Office, the Auditor-Controller,

County Counsel, and the Purchasing Department of the General Services Agency. If

you have any questions, please contact Lyn Krieger at 382-3002.

LY R

IliDirector

Attachments

6th Amendment to Contract 3688 Attachment A

This is an Amendment to the Purchase Order/Contract entered into by and

between the County of Ventura, hereinafter referred to as County, and Van Etten

Suzumoto & Beckett LLP, hereinafter referred to as Contractor, on July 1,2002.

WHEREAS, County desires the legal services of Contractor as set forth in the

Purchase Order Contract, and;

WHEREAS, Contractor has the necessary skills and is willing to perform these

services for County;

WHEREAS, County entered into Purchase Order Contract with a maximum

amount of $75,000 with Contractor for the period of July 1, 2003 through June

30, 2004;

WHEREAS, it has been determined that costs for providing the necessary

services will again exceed $100,000 during FY 2003-04;

NOW, THEREFORE, in consideration of the mutual covenants and promisesherein contained and in consideration of the additional services performed and to

be performed by Contractor, the parties agree that the certain Purchase Order

Contract previously entered into between the parties, a true copy of which is

attached and incorporated by this reference, is hereby amended as follows:

1. The maximum compensation payable for Contractor's services during the

period of July 1, 2003 through June 30, 2004 is hereby increased from

$75,000 to an amount not to exceed $150,000.

2. All other terms and conditions of the Contract are hereby incorporated and

remain unchanged.

Contractor (Name and Title) County (Name and Title)

Date

2na Amendment to Contract Attachment B

This is an Amendment to the Contract entered into by and between the County of

Ventura, hereinafter referred to as County, and Demetriou, Del Guercio, Springer

& Frances LLP, hereinafter referred to as Contractor, on July 1,2002.

WHEREAS, County desires the legal services of Contractor as set forth in the

Contract, and;

I WHEREAS, Contractor has the necessary skills and is willing to perform these

services for County;

WHEREAS, County entered into a Contract with a maximum amount of $50,000

with Contractor for the period of July 1, 2002 through June 30, 2003 and

amended said contract on June 24, 2003 to an amount not to exceed $250,000;

WHEREAS, it has been determined that costs for providing the necessary

services will again exceed $100,000 during FY 2003-04;

NOW, THEREFORE, in consideration of the mutual covenants and promisesherein contained and in consideration of the additional services performed and to

be performed by Contractor, the parties agree that the certain Contract

previously entered into between the parties, a true copy of which is attached and

incorporated by this reference, is hereby amended as follows:

1. The maximum compensation payable for Contractor's services during the

period of July 1, 2003 through June 30, 2004 is hereby increased from

$250,000 to an amount not to exceed $400,000.

2. All other terms and conditions of the Contract are hereby incorporated and

remain unchanged.

Contractor (Name and Title) County (Name and Title)

I

Date

f,4 i lcll?-iiiilt i-.

III

I

I Channel Islari'dsI

I

Maritla

ti,

I

I

slip Rates-

Watcr & pawer incluJJ

25'--

% 190.00

I28'

" .

$ 215.00

I 32'-.

$ 24i.OQ

35'-.

$ 275.00

36'. $ 305.00

40- $ 340.00

42'" $ 380.00

44'--

$ 400.00

48'--

$ 43S.00

End Ties---

$ 9.00 per f

Inside Oes--.

$ 7.00 per f

lat Live-aboald--..

$ 11S.00 pcr month

2nd Live-aboard- -

$ 75.00 per month

Rates stibject to caage.

Transient slips avaitable

Gacl for Rescrvations

805 857558i

10/1410? 08:39 FA 8Oi3823015 CHANNEi IDS BpR 002i'l" r4

-

.'.s 7if ,,lijs?? i%? f ,,".rt t i#+:,.`. :(t

. ,.

l,,lY

,... J~

vi' f.. Xy.

,: i.. .t iiFP%V3$EW" SERVleES iOUNTY` &' IFENTURi." SHOW THIS NUMBER

a4iOVTH \\~CTORIA AVENUE

VEhffUR4 CAON ALL DOCUMENTS6&4:j&r#3009-1004

(805) FM( (eOQ 654-3754

GENERAL SERVICES AGEHCYPC 7430B040139

PER INQUIRIES TO BUYER: CEWFRALIZED PURCHASE ORDER,

\\

hRNI OEHLDRICH, 805-654-3778

at? 1 a 2003

BOD /COWFR4CTMIMBER PAGE DAs DEbffiERROR BEFORE: SHrilai&oigEkfEIEMbffi4EPT1 3 9,29/03

OF

WEfDOR HUUBFR WD P.O. VENDOR PHONE NO,3900 PELICAN WY

954589103 A RAR/7432 00 L OXNARB, CA 93035-4367

TO: VAN ETTEN SUZUHOTO & BECKET

1620 26TR ST #6000 N

SANTA MONICA, CA 90404SUBMIT INVOOCE IN DUPUCATE TO:

ICOUWT OF VEmURA

CHANNEL ISLAND HARBOR

PAVUEJffTERHS:FISCAL SERVICES

NET 30 DAYS Failure to ind~cafe the correct Order number on 3900 PELICAN WRYyour invoice andlor failure to submit invoices

OXNARD, CA 93035-4367F.o&pawr: properly as fndicated on tfie Purchase Order

I DESTINATION A/P FNQUIRY 805-382-3009can delaypraeessing ofpaynern.

Irw

n0.MATERIAL OR SERVICE OUANTTTV u~rr UNffPftlCE CCBT

i

I

REF REQUISITION:

00 75,000.00

'- BLANKET PURCHASE ORDER

IIN ACCORDAHCE WITH VEHTURA COUXTY CONTRRCT 3688, PROVIDE

LEGAL SERVICES REGARDING HARBOR ISSUES AS REQUESTED BY

VENTURA COUWTY CHANNEL ISLANDS HARBOR DEPARTMENT FROM

JULY 1, 2003 THROUGM JUNE 30, 2004.

RATE: $200-00JHR

I

THE "INDERNITY AND INSURANCE REQUIREMENTS" ATTACHED

HERETO AS EXHIBIT nA" IS BY REFERENCE KADE A PART HEREOF.

VENDOR MUST PROVIBE TO THE COUNTI PURCHASING DEPARTRENT

A CERTIFICATE OF INSURANCE CPUBLIC LIABILITY, PROPERTY DAMAGE,

CORPENSATION, ETC.) PRIOR TO STARTING WORKe

VENDORS ARE REQUIRED TO NAXNTAIN CURREHT CERTIFICATES OF

INSURANCE ON FILE WITH THE COUHTY OP VENTURA/PROCUREMENT

SERVICES.iI

SUB TOTAL 75,000.00

DEPARTMENT PAULSHEEH n., p ASINGAuT,ATE~laLS uAHAGEFI

BY:

@003

.12ii4/03 08:39 FAX 853$23015 CHANNEL ??LAPS HA?.-.,`,7r- 4'w1 ,? d--lli 1

1.. ,

01 % u, itf4.O CD

a..?sERliES GQUNTY' eF VEhtF

CL,* lom AL ERVS E AGENCYQ

J' FA3( (809 654&4 PC 7430B040139, aa .e3`r,g INQUIRIES TO BUYER: CENTRALIZED PURCHASE ORDER

1Q-

C% ; 3.41 OEHLDRICH, 805-654-377e

a -1 r.

i fr

BID / CONTRACFNUIASER P OATE DEwf%RROR BEFORE: SNFHxah&Oi&mifEXEM&iFSEPT2 3 09/29f03

aa

ND Oft NUliBER um P.O. VENDOR PHONE NO.3900 PELICAN WY

954589103 A HKRJ7432 00 L OXHARD, CA 93035-4367

TO: VAN ETTEN SUZUHOTO & BECKET

1620 26TH ST #6000 N

SUBMIT INVOICE IN DUPLICATE TO:SANTA HONICA, CA 90404 COUNTY OF VEHTURA

CHANHEL ISLANO HARBOR

PAYMWTIERM S:FISCAL SERVICES

IFET 30 DAIS Failure to indicate the correct Order number on 3900 PELICRN WAYyour invoice andfor failure fo submit invoices

OXNARD, CA 93035-4367F.O.B. POJW: properly as indfcated on the Purchase OrderDESTINATION

can delayproeessmg ofpaynem.AFP inguiRY sos-ssz-soo9

rreu MATERIAL OR SERVICEN0.

OUANT0Y unrr UHTTPRRE COS T

FAILURE TO PROVIDE REQUIRED XNSURANCE CERTIFICATECS) WITHIN

30 DAYS OF EXPIRRTION WILL RESULT IH CANCELATIOH OF PURCHASE

ORDER. VENDOR IS HEREBY ADVISED NOT TQ PROVIDE SERVICES TO

THE COUNTt IF IHSUR&NCE COVERAGE HAS EXPIRED.

THE COUNTI OF VENTURA HAS ADOPTED AN AFFIRMATIVE ACTIOV

POLICY WHFCH RBQUIRES CONTRACTORS ANn SUPPLIERS TO PROVIDE

CERTIFICATION OF CONPLIAHCE WITH EQUAL. OPPORTUFITY PROVISFONS.

PLEASE INDICATE YOUR OOMPLIANCE BI HAVING THE APPROPRIATEi

AUTHGRITY EXECUTE EXHIBIT "A" AND RETURN IT TO VENTURh COUNTI

PURCHASE SERVICES. COMPLIANCE IS REQUIRED. FAILURE TO COMPLI

MAY RESULT IN CANCELLATION OF YOUR PURCHASE ORDER.

THE PROVISIONS IH LETTER FROH VENTURA COUNTI PURCRASING

AGENT DATED JULY 1, 2003 ARE INCORPORATED AS PART OF THIS

IORDER.

TBIS ORDER REPLACES FZ 02/03 BPO #7430B030139.

SUB TOTAL 75, 000.00

I

I

I

%,

DEPARTNENT PAVLeEEN .M., P HASMG AGEHTnATEHIALS uAtlAR

,i

BY.

10/14/03 08:40 FAX ?8?3?15 CHANNy ILAND? F?BpR-

@004U, tf4 %1`-"4.1." ,\\...

4`:1; , ","; ii;

,l'

,'l. 1$`y'

43t*" , O,

4 Itl4

g" cff

..

" j.. ii~i-s VIw%

lihJcis QUN?Y': aF,VENIUTA': SHOW THIS NUMBER

4& ON ALL DOCUMENTSvl C

AVEN uie?, GENERAL SERVICES AGENCYloao, 03%%,. ;M (e06) 6544754 PC 7430B040139

Se%%CPa

AQUIRIES TO BUYER: CENTRALIZED PURCNASE ORDERa Ov v i OEHLDRICHr 805-654-3778cs,r,mFO

3ilJICO,ITRACTM,,iBEK p DATE f 3

DEbffERROR BEFORE:A SH&XOiiEoi$EEFIEW&FSEPT3 09 29fO

OF

3

VEfO OR NUMBER MOD P#. TYP VENDOR PHOHE NO.3900 PELICAN WY

954589103 A HAR/7432 00 L OXNARD, CA 93035-4367

TO: VAN ETTEN SUZUMOTO & BECKET

1620 26TH ST #6000 N

SANTA MONICA, CA 90404SUBMIT INVOICE IH DUPUCATE TO:

COUNW OF VENTURA

iCHAHNEL ISLAND HARBOR

PAYttENTTS:FISCAL SERVICES

NET 30 DAIS Faifure to indicate fhe carrect Order number on 3900 PELIC&N WAYyour invoice andlor failure to submit invoices

OXNARD, CA 93035-4367F.OO. POMT; properly as indicafed on the Purchase OrderDESTINATION

can delay yoaessing of pa3rnent.A/P IHQUIRY 005-382=3009

rm

N0.MATERIAL OR SERVICE calAwmY U~rr LFMTPRiCE coaT

THIS ORDER REPLACES FY 02/03 BPO NO. 7430B030139

I

ISUB TOTAL 75,000.00

TOTAL DISCOUNT 0.00

TOTAL FREIGHT 0.00

TOTAL TAX 0.00

GRAND TOTAL 75,000.00

DEPARTHENT P4ULSUEEN CtL~3MGA WfviTEHIAL3 l&A~AGERMp

BY:

10/14/03 08:41 FAX 8053823015CHANNEL ISLANDS HARBOR @005@005/015

tw-cl:oo IUG iuiqc ni!rna llv, ilt,lvJICiUJ 1, WtJt u,

coyntr OFYEwruRACOMltACTFORlALSERVICSS

TEOSCOWRACT, sometimas haai4aAa iiao itfarrad to as ihis A&arment is

enttted hdo in the Saso rf (2Jifollia by atul babvrm thtCOUWlOF VEWIURA

(,400VNTT>), and Kin& Weiser, Bazare& Jaoc&inCdiOrnia law corparation

r4TTORNEYS"),

RcrrAbs

A.Th= COUNFY owas aad apanses tht Chaand laldsHwbor cHarbofLtheradar af\\a~bia& is in the rmiaadan ofihe CauaQ,ofV tht xand

aras ofwhich aieiod $RmaaliylocabQ~rithintha iaGcnpd arcinftht CIWd

Onard- In ceocta irith daa &rdo$msaaaad opar#im of 4ic Harbar, the COLJWFY

bas inio ata mimbn af leag tcrmgumi lcaan and olha contractt. A

nm of#aund laue) nt approaching lht and ofAarcva lnsata tad

COUNTY wiihag =oandtata and oiherass=Orm lcl aovnsei wii, sialat in cmrantllnrbormd marha groindkasaers aad issueg in cormccti,la

ititii iis Vwess ofroaawing an,i/oragkaa ncw yonuid lease& s# the %ibiboar, and

possibly in cotmec4on l~i& othar issaca voqtth4g speoiari,4 axpcrtist or consuIoion.

B. AFFORNEYS arc f,nilii* witb aad parliGilsr wal] qaaliliad tooam

legal services fwCOWFY inon lwilh lbe rype ofsa:ndces descnba,i in

Patagraph A.

AQREEhlEhrr

NOW THEREEORE,k aansiiiaratioa ofthesi n,ftals and &e mutnal pzomiaas,obligatinas andcnts harri~lafbr sat forth, ATTORVEYS#e~a provida lagl

servicm for and to aepiasentCOUNTY aa Oae lbilowing ttnns and aonditioas;

11.TERM: lha termaflhis

Jdlall la&m Fabmiry 23, 1998

tbiallghJu 30, 1999~ s&Ject *o lha ivail&l of&mda in eachfis year. Sujact to

di= provisions ia Exbibit "4" puayw& S, aad aa the avaiZabUity.offun,b in ea& fiiaal

yeai tha trm of thia Agaa~=tnay bc axtai&d fat wldhicnial one-year pericnda by

mutudacmcnt oftha patits.

2-,COUNTY'SOBNGATIONS: Forprovi,Eag servicas as syacifiad iit this

Aprcem COUWFY mll pAy ATIORIEYSbv4i llaa sciadule of chnrErs

atmehtd herrto as Exhibir"A" and me,le " panlweof this iafarm ce.

`

E,d Mgtli NdV'9 : E 866 t-00-9

i?ll$f2? 08:41 FAX 8053823015 CHANNEL ISLANDS HARBOR @006w &-U t,, 11 rA& @oos/ois

ttvi471o iyL Iy`h|c "||lnn llva UUJU4llclL,

, I vl) vu

I

\\-

CONTRAf7FOR LE(lAL SERVICES.

P%e 2

PayxrmhioATTORNEYS&all be madc~ithin 4S days asw rtcaipt of

an original invaica fiomATTORMEYSFw0ed that tha sarviccs fbr whi&pQ=t Jssoughthaw been receivci couwlr.

3. ATTORMEYS" OELECiAIIOMS: For aad ia taasidaraion af#wpamenb.agreemmtghaaiabefwa mantianad to ba rudc ~hd

Ptrferm,,ibyiJnrr,

AITORNEYS yee nrhh aou~iTY to use such aklit prudocmd diligicc~s larym.

wha iagularb pwti=e in this spocialWru oftha lzw ai~rmanbess mdaise inI

I ihcparfoiih nf&rta whio& lbay \\mderalae.

ATTOESJEYS zhnllsat iheirbilliy4 npabiyhlaonth il arr=ainohacr lhan&ctw oflhtmOdlewiag thtmQ aanicals rniera& Alis

b0liagst shan bo raviawad prior eo submissian byHai M, Waisea, &a.

piinata! naoaaay in chngr ofthis mata, sad diall be `liraattd ta:I

Lyn Kiagw, Diractor

Hbor Depw=mit

Caimay ofVanhui

3900 Pthoan Wav

Oxsar,i CA 93035

I lviacaW to

Fzank O. FItb

ClaiefAaaiat Coamw Caamscl

OEca oftha Coaidy CothnsdI 800 Sendi VJitork Avcmic L #1$3O

Vcaatin CaliOmis 93a09-0D011

4. 04DEMNIVICAT14hlANP WSURAN: ATFORNEYS a&rae to ha,bEn

ii.. defcrtd aad hold hir&estOOWFY, ib au~hariniats~ oOica3F \\'nhmk~ws tnd

amplaqraea agai ry.and sll elaims arisiogOrmATTORNEYS' aets or amissians uidI fornw corts orpeazes inannad byCOUMY aa aoaoimt ofaQ, claiais tierefor.

Ftrtbamoie, ATF01$iEYS ahall sc=c aad nmdaia=tht tenn oftha A&raa-`

mcalt the &lbl~ri"g tylet ofinswaaac wilh ihnih as shown:

WORKERS'i3OMPSAIIOM: A pbograna of watk` conlpcniathn

suiatca or "St *ppaara,i s~lsiazaie ptogram ii taamo and 0sm $o

all appLc0lt reqlifim ofihe Ltbor Ciulc ofiha Stak ofaaEf<ra including

Eaioyex~s Liil~ility nith $ZSO~OOO.OO limib, ooiraring allpers= (aJ,cept o&oci~md

V *d MOUJ MdsS:E SS6 L-E0-9

l_o_ll_Qf2g 08:42 FAX 803823015 CHANNEL ISLiNDS HARBOR @007-"` --~J AQ,, 1) A @ool/ois

rbu CI au lv `w, lJ `u, l,ut , lu, uu.J,4lciu~ 1, v~l vvI

coiiYnAcl pOkLEGAL SZRyICESP~gc 3

direGtors) ?rovidiag aa\\tices on th.IfofATTORNEYS aad all tisksso saiah awsonsundcrdiis Aare~brr,?r"T.

RRDPE%10NAL JJABItITY: Prbfasaional Mabiliqf insuranct with limits'of at Ica3t aaa'SIioa dolhrs ($1,000,000). AII policias reqiitd abovt are to be pthnaryuid noaomnibii4agwhh any irrsairmca

or &eifiasiEanca praynrm `arried or a,his-tnadby COUNTY.

5. AMENIJhENTS; Any aa=A~nra~t modEicaiiart ornari#i`~L&om&e

tarw oftiis Agranrtntt &an l~a in wzhing si#ad bolh partiti.

6. IERMW4UQiI: COVNTY~rry samitate ibisJcnt immediltabwith-or ~rithout caasa by ~rrh aatiGa bATf6ENEYS to sai4 affart ATTORNEYS

I lnw aarmhae tbisABewhh ctr~ri&amcinse on 30 `hys` qairtenaoia providaii bnwevw, thai AI`fOR14ElfSmiy Ois A&aancnt oh suchsWar rntiae as

may bt nacessary in lhe evm thnt dit aontraotaoamtra&med to in EsbsbkA anached

haram is raa,had ar reasonabt espcctad to bc rtuhad upoa thc cipiatiam ofsuch notite

perioi e"ry bawcvcr, diat lhis notice paiod ahall ba aittendod ZCOUIIffs iater-

b axQ'be pjndicad lh~raby. Xn tbe avcnt oftaimina$an by tilhar piaty hartsa,

ATFORNEYS ihall ba cnt&ltd to coanpcnsatian ibrth& smictsnd endI

cxpanses kctwad prior to the e9bcdva&a ofnJd t~rmirih+ion, in aaaaaac Irith

ihe pl/isiona ofibitA aciad haaah-

In thcav of himbation of this JLntemtot ATFORNEYS shill prorydyi

Iftn=ard to COUtl?Y or itadni tagethcr witb anaita alosin&Tapmi azl

I

doctrments andmalsprmi to camplaadarpaadiiigma0art woiknon or

had byATTORHEYS ptaanutt to this Aaraairrmt.

7. OONFLICTOF 0ffEREST: ATFORMEYS Qff= lhnttbty shdl sarupu-laa& avoilperfatmB servkts ibr iny paiW ar antriie&o any cotmutaalor athar

rdntionth,m any parv~diiah mighr crmta a ootiflicaw0a thc itnliain& of scrviots

hermadat,d COUWFY sbaif irmediaicb be inf,wTna4 byATTORNEYS ofany

i,onfliat eOhtertst

capoinl canflict ofintarcat which inay aise diiring&e tarm hereof

by virui`: ofany pntpiaz orprovata3nt artwic afATFORNEYS,

Upon raociv4g said aotEicatmai or otha&isalca ofauch n canfiict or potgntialccmflie) COVNTY mayaxarcisa i,s righb imda Scctioa 6 haraot " rasoh~e said coi0ict

any other reas,mibla mcans Jn itl ,olcdiacrtthat.

S. COMPLETF Arn?OMihtf: Tbis rrriatai ayemicat inrltid?g allt-

ings spocificdb incoipoiataii hcrcbr by irfercnca, `haU aoiisaihRc thc crnlatc a#I=a,

5 -d woaJ Mdssig S66 1-g0-9

1_0_11_4=10? 08:42 FAX 8053823015CHANNEL ISLANDS HARBOR @008w aa~ Av., ra&

@oos/ois

FEBii4;98. TUE 10:37hMFM NO, 8056542185 P, 04/06

1

cQlrTFofrzcAvlcE&Page 4

mrmt batwem1 aEie? habato. ?4o ciral t&raenlant tnets4adirs, nr reiaesantatioii not

radnaad to wicithhg and spacificil incrnpoz&cdhcrein shaU ba riny rrca.ari ilor

sh~ll any ella& oij a&aemen) uad;ag oriipreseoa bebii&4 uon tha

partin heret.

9qI?|lDE2froniaAcATTORNEi'$ be to be

ea&e as aildtri aantc&r. AI"YOmlEYS'el4v shall.dcemed or

Ì caastnud ta.bot ll&m4 or.cnapbyets COUWTYravpso, l~ryluffis but not

limited to, tart liabil ai d=p~tt to employee bansfi zuci"a.ritiiont woihns*

aampmsatio4 of dibikyriiiiarmae.

I

10.ASS1(i4irgjT: hiiher ihis ityt'ynamtDr vgrpr6sioalfaor any

right or obaitiaalaisE termdcr is assigaablc or deSnble in 4aolt ak ia part with-.

out lhc aQi?ss wriai[taa*fCotNTY. Afaawet llTGRPSto atai&a,

dslagate or&conct aayPkgbri ofthe seiiiaez 1, ber-dii parauant tb this

I

Apecmmt wiahoiu tezspztss iiaitseacaasmt ofcoviarr saitk linll `m,i voi,i

I

d~all cteatt nn fihMciai itihilion00 lh# part ofCOUtfY, an0 shall cmatitate a matei-

I

li0 breaeh Qf&ii 4acat.

11.4iDISC021OkTIOEl: In the ptr&iknma Qf.tbi seis of lsiis-

A#aen&at,.ATTORNEYS sgric &~t alqJ winno t ensaei -. erh.iuah mbaon

%iitors ai&ey cn?yi oo ngagc disczMnati:l?,Qfsons

becaisc of agc,, eolai. `bt l~nai aran or aaceshy, Otigiiofsiichpmaiu.

i

12,AUDTT: iOiJPFFY af ibdtie shdlhaw thtoitio:oi.sparting

I

an&or auditihgjll aaeotds aad.adicrwiiaeamaalsìisai4$TORhYS in

` prapniag lhtirshtemets to COlarn as a canditiaapRoadet to:ny pairmaat to

ATTORNgYS..AOiNEYS ddl makc ao chngegtdaexiSed'ilpaani,Ung

informaiof neassa) forùdng receds.

13.P10TICE: All noticas of the partiaslf ibsll imtby Unilad

States mail posi prepai4 by ragisaaiad or aertifio,i1.addre$sci s-foUows;

COUNTY OF VENTURA

NAW:Jancs L. McBi&

catmsr CeunseliADDRESS:so soaih Victoria A\\revaa~, L ilI83Q

* vrnama, CalEoania 930Q9OOi41 -

9,dNoaJMd95:E 866L-00-S

10_1iQ!Q? 0:13 F 8053823015 CHANNEL ISLANDS EARBOR @009@009/015

l .u~cl w luL it~",, J~n l.rm Lav, 41Y~uu~, loa 1, v,/uu

COWFRACTFORIE(3ALzgm&Pagc 5

ATTORIIFYS

NAbOi:It4iWeiaa,

aanr& Jaaobs

ADDRESS: 2049 (n&ry Paik Eaat S0e WOLaa Aagclai CA 90067

14. NErnm AR.

Itis agraadsadizn,.tp~,tia htitia lhat thisxhasinihbia;&ghaagotirtian am0 &`t naidn pa4, Js to btdalia parsrvihi&pparad.a agiat-arilhh dit ma~okefChii Cele sattim 1654.

1S. AUFHORffYTOECUTEAGRWbWg; Baih COih4TY and

ATTOmlEYS `io aarvwna&thn eaah in,hal thi&i&m lybh~irof

aacb paiy is apenan dnlr`aha

aad to aseew agee&aigh for aach

par

COtllfYYOF VENTURA

Dsxa&`l4z1(ki hy

lst qg

,ff,Ya JirlD1, ftAiz\\ r~tlwYzp,II

4tK040, WEEEE, BAZAR& IAOOBS

I a MiOamialnw aofa&on

a,i

ly/yqDat By

HcrbartaL waicr* saciab

II

L-d NoaJ MdL9:e 066 L-E0-9

10/14/03 08:44 FAX so?3szsois CHANNEL ISLANDS RARBOR @010@oio/015

rLu-C"t- dO IU iU,'ll VII"`,1 `"\\,. vu-v-lG, QKW , * wv, 4ry

co

Paga 6

E)OIIBff A

1. T will'be biJlad iaixeiaa la~&"10 thc hai=ty faat,

AnioB,&rs shaEbe0

ialk ihn& oe-af-ockttexp fair Slix4

faas aay aOSB auok" iong distanca@ne chaiges, airfbc, aavd

00 fositiay, sabpoem smiaa, Fasn&a4aassnwsa~igriwadiac6on of

d= ATTORIJEYS shali not barcbwsl for &a?ttor rwartt in

Pcrfbriaial)`acrebriiIftleriaal fiimtioaswwad #roaeszhlt

AII billing iar anbide

01& ihall be Pcapyuvad tyOOUWY eod~hdl 6a fhrwar,bd to paidcoury

ay in destascilaFlasalla

"

Z.AITORPStm4# sMI b#ind aul datr anaubatmpcnsrs

I

ddabovaas es i,ttiiv"& amEny paa c2glhe sintim, tba nattwc

aflhtamre rmdaiai tha 4mt caa~tmad iAari% aich rrvas, thaima

raks fr&a sarviset, aad lbw total ballinv, (axp@sa aa#l,6me) ftir aach `a&e 00

mnth. BIHbss d~aU bt tllbmkoed artaocre faqiamiy ihanm&.

3.IL= kataitlpra forATFORNEYS Adl ba:

Harbart M. Wciser-

noo

I h4ichatl B. Alldmriicc slso

lia 0oq~rlhM hwi,ihialf,) daan be lbta$) ato iiallotm tht

. aarviacs"lpltQFCOUNTY pdisuaat to thislWaht lha0

s,) ayii odiar annnqnw1,="# Ki4W,Baw

& laaobswhmipyapri#t in thcbdiaaa ofQOtJNFYintams af aest

isaitam,i md0a&4ew. Cbhigoa far suih sari/icnt

bt atlhc firm's tbonnautpic ewtiw f0e. Enaapeirhaiinl c~r

ia&iai"priorC4ntColmi &U be obtaiaad,

4.Thii aaaatrw is#ot to axoaell sloo~ooo.

S.lbabiEg rafm shdl bt s&jeetta naaud zmiaw&d a4n&tma#u ni~, ba agraod

&atair thi poiiai to thist

I

4,-=

NaaA MdLS:g 866t-f0-9o*d

?21i#./21_ opi4fl 80?3823015 CHANNEL ISLANDS HARBOR @011

i) i@011/015

i

cope baSenfices

Eag,W, Ei~.r aiJ,a `hn inidatab.iarv" aamiy ba raguaabd&om thna IDtiragardaq&

I

1. R=Yiew.of03iitiag agnocarois nnd piapan~daaeao0 tha prayartV.arnaEnrbca, ind wnrlll*7r whh andi to ahQ CatinQ, Go,nad mr!

`con~ult~m `ebated by Clbp ia thareimchagree=;

aad ot = partm in tta dcvaZopaami arid

ayau ofthopropert of.tbaV liaibar oa ba daaemanin an4

;mpl af,aaaao 113 Daa&ntreviawnaP~nia4atinnth~fen4.atditl frdeval

"araar&ti lea~es rnl cit,tciad `v4,~~r; dq~Gt,,n *ecaivhy&mtam 1agr=entl to ?wi,,o, yacmer~ad`af iad aihaIianaacti docum

4. R=rchani a,Mceon isstaa is tkqr mry,iriaa ata thq,mqba raqiiettad mff

C,Aimy Cotand iatnta tot.

5. lianor at aaetBt ofthc Boaad afSupervbois foa rr=avi&ia she ~eopa'of ch.

1Jsamoa

6, Uahsa athi,aagr= toh iuiidnt tha tarvkm th~U ah,da oaly irvt=tiaad

"& ab~Um iibdude titttiam aairic:

1

41iYJ) J2mrM

0i*d Naa Md99:E 9061-Ea-9

1011110? 08:15 FAX 8053823015 CEAMNEL ISLANDS EARBOR @0121&012/015

RECEIVEO

MEMORANDUM NAR a it 1998coumr 01? YENIIJRA

COUNTY COUNSSL'SOFFIC

Marct 2., igqa

IRO L. 4cBxid Coua Connsdf

EE: A?PRDVALOF PURCHASE GRDERCONTRACIWITH KING, WHSlgR

BAZARE& IACOBS FOR SPECXAIIZEDLEGAL SERVICBS

In accardmcc wi& the Couaty Adribis&ativahhmnai &smcmaarmd"m wili

1 confirm aqr q~provd $o lha pmpoaod aermcdng, via puichasa ozdw nrt to cxeccd ontInmdred aiousani dollars (SIOatOOO)l arith tha Oim cfKin& Waisar, Bsmrc& Jacobs.

Tha King firm irill proirida w;ai;,,', ltgal saiiccs in c,mncction whh the Hbor

Deparmen's proccss Ormcivi andJor anih4 hsa naw &mim,J leases at the Haibor,

apdpossib coiuiaction ixrhh athai isauaa rtqtiimg spocializeiltc0se or consulta-

tio&

Iimdasd that Denald S. Qrecnberg ofthis offcehn alrea,$f povidcd yoawith &e provad form ef contract to ba used in aoanectioa with diia pwehase oada. We

wiE al`p tDwoxk doscly vwihqeid coimsel zn that thaCol reoalivcs the banefitof

thair spccializcd cxpartisa without uie needfw spacial aounsei to `hwlic#oc or handla the

werk &ar caa and shauld propiabely be handlad in this o&ca,

`t

JLMcsh

gsea$lmlwrm

S -d NOHJ Md05:E 6661-Ee-9

10/14/03 08:45 FAX 80?3823015 CHANNEL ISLANDS HARBOR @013

ul/14/uul lao ia:la t &oi3/ois

CRITERIA FOR

SOLE SOURCEIBRAND

Piease address by specmc reference each question Jisted below (1-5) In yourjustification. Fanure to respond to eny of the quastbns could result in a

justification whidi is inadequate and may resuft in the reje4Jon of yourjustiOcaUon and dalay your request

1. Why vms product or vendor chosen?

Strong legal counsel is essential in a public/private lease anvlronment like theI Channel Islands Harbor. There sre only a fow law firms in Calffomia witii

I

eipernce dealing wfth public agency land kates, which are dffferent from

prhate sector base structures. Even fewar have experience in leases aver

\\uater. Cf those, several have conOi4s, havirg etier represerrted ather partiesin iitatlon agakat Vesltura County cr having rwasanted our lessees in other

marlnas or harbars. Some have rats strucbJres abcwe what Ventura County (endChannel Islands HarbOF) is able and.wililng ta pay. One firm that meeta all the

emeria (knowtedge of pubiic hases, knowledge of marinas and water4ased

leasing, and vrMhln the accepted rate strueiure) is King, Weiser, Edetnan &

Bazar in Los Areeles, ln particular, Herb Weker, a key partner with the Orm, He

has done wark in severat harbors (indudire Santa Barbara), and yet had no

GonOirt elther utRh VentiJra County or ctirrent lessees.

2. What are the unique perform4nce aactors of ihe producVservlcespecifiedl

I

They can be summarized from the paragraph above: strong real estate law

aedentials; axpartence wfth public agencles; experience w0h land leases;

expertence vt0h leases over wate and experiance wfth Uie public hearing

process. Wa have a oonpie of immediats issues which hsve arisen qulckly, maylead to litigafion, and requira itwnediate, specidked revkw.

a. Why ara lhese speclflc factors required?

Ccunty Counsel agrees that fbr some ttan&actions Ventura County requiresoutside, high[y spetialed expertise to handle eertaln legal ls6ues.

4. What other produchlservices have been examined and rejectd?

See number 1 Thls ls a speeialized prooess wRh e short laad time.

=:aolaerc

tt-d DaJ WdES:% S66 t-Ee-9

10/14/03 08:46 FAX 8053823015 CHANNEL ISLANDS HARBOR @0141 ul4/ois

5. Why are other sources provlding like goods or 9enrices

unacceptable?

On Kirw, Welser, Edelman & Bazar was found to. hava the experienaeaavailabilay, lack af acnOic4 of interest and nte schedule to rrEet the

requbaments ofthe Harbor Dsparbnent,

I NEREBV GEROFY TUAT:

1. I am an approved dapartirmt representative end am awara af the

County's requirements Oor campet0he biddirg, as weli as the criteria for

justiflcation oOthe sola aourca/bnnd purchasing.

2. I have gathored fhe required te&nIoJ informatlon and have made a

concentratetl efOort to revlew comparab and/or aqual equipment.

3. There is validL as to the information contained herein.

4. Thene ie justH?=ation for aote aouree/brand purchasing nated abcrve as it

mts the Courrty's crMarla.

.

5. - A sob souvoelbrand purchass In ttiis case would wihstand a possibieI audit or a vendofs proteat.

DATED: 31fq-

LYN IE E,

H BORDIRECTOR

1

c:aolaara

zt -a Moai Md00:V 96G1-E0-9

10/14/03 08:46 FAX 8053823015 CHANNEL ISLANDS HARBOR @015thsl UA i~l.ula

Frwn

EARBORDEPARTME21T

Datb11

-

Lr?I 9a4

-

Ta

E,.

For awaprtaa~aonn

Fwlow infonnadon *nd fna

aAn yal aaouabd

I 03 Plamer'anp and rattwn yoiiroamrrn

&I

-$-I

&t4d

S * ?

H..

.3 odosfg

I3900 Ptlican wiy

osnard, Ck 93035

I

Ei-dwaaJ Mde0:v 856L-se9

1

HCAam Ventura CountyI

Health CarePIERRE DURAND, DPAAgency

Health Care Agency Director

Ventura County Medical Center Administrator

I Karen Davis, MBA

HCA Deputy Diredor

HCFWCMC Chief Financial

Otficer/Fiscal Services

October 21,2003 Larry C. Keller, MBA

I Insurance Services

Administrator

I Board of SupervisorsPaul E. Lorenz, MBA

County of Ventura Public Heaith Director


Ronald L. O Nalloran, MD

Ventura, CA 93009 Medical Examiner/Coroner

Michael Powers

HCA Deputy Director

SUBKECT: APPROVAL OF 2003-04 STATE DEPARTMENT OF VCMC Hospital Administrator

MENTAL HEALTH MANAGED MENTAL HEALTH CARE L~nda Shulman> MFT

Behavioral Health DiredorFOR MEDI-CAL ELIGIBLE BENEFICIARIES CONTRACT;Kirk E. Watson2003-04 STATE PERFORMANCE CONTRACT; 2002-03

HCADeputy Director

STATE HOSPITAL CONTRACT (Contracts on file with VCMCCompliance Officer

Bill Woodthe Clerk of the Board}VCMC Ambulatory Care

Administrator

RECOMMENDATIONS:

i 1. That your Board ratify, approve, and authorize the Chair of the Board to sign the FYI

2003-2004 State Department of Mental Health (DMH) contract and any necessary

documents with the DMH for managed mental health care for Medi-Cal eligible

beneficiaries in the amount of $2,035,274.

2. That your Board ratify, approve, and authorize the Chair of the Board to sign the FY

2003-2004 State DMH Performance Contract formalizing the annual terms and

conditions applicable to the provision and funding of mental health services.

3. That your Board ratify, approve, and authorize the Chair of the Board to sign the FY

2002-2003 DMH for State hospital bed purchase and usageI

FISCAL/MANDATES IMPACT:I

Mandatory: Yes

Source of Funding: State Managed Mental Health Care Fund


Impact on Other Departments: Minor

2323 Knoll Drive " Ventura, Cal#ornia 93003 " (805) 677-5110 " FAX: (805) 6/7-5116

www vahaa r\\rn


State DMH Contracts

October 21, 2003

Page 2

II

2003-2004 2004-2005

Current Subsequent

Summary of Revenue and Total CostsFiscal Year Fiscal Year

Revenue $2,035,274 $2,035,274

Costs:

Direct $2,035,274 $2,035,274

Indirect-

Dept.$0 $0

Indirect-

CountyCAP$0 $0

Total Costs $2,035,274 $2,035,274

Net County Costs Including Indirects $0 $0

Recovered Indirect Cost: N/A N/A

(Dept. and County CAP)

Note: The State has allocated $2,035,274 in State Medi-Cal funds for FY 2003-04

Mental Health Managed Care. Sufficient revenue and appropriations are included in

the Department's approved FY 2003-04 County budget. No funds are encumbered for

the DMH Performance Contract and the DMH Hospital Bed Purchase and Usage

contract. The funds are distributed through the State DMH to County allocation

process through Realignment. The actual amount expended in FY 2002-03 for Hospital

Bed Purchases and Usage is $163,990.

2 I eilieraja&.iiia:i la :ue

Adopted AdjustedProjected Estimated

Bud et Bud et Actual (Savings/Deficit)

Appropriations $51,993,788 $51,993,788 $51,993,788 $0

Revenue $37,572,841 $37,572,841 $37,572,841 $0

Net Cost $14,420,947 $14,420,947 $14,420,947 $0

DISCUSSION

State DMH-

Managed Care Contract

The FY 2003-2004 State DMH contract (NO. 02-73065-000) in the amount of

$2,035,274 for your Board's approval today provides for managed mental health care


State DMH Contracts

October 21, 2003

Page 3

I for Medi-Cal eligible beneficiaries. The contract formalizes the arrangement between

the State DMH and County BHD for the operation of the Local Medi-Cal ManagedI

iMental Health Care Plan (Local Plan), pursuant to the consolidation of State Medi-Cal

I programs and funds for psychiatric services. Briefly, consolidation refers to the State'sI

merger in 1995 of Short-Doyle Medi-Cal (SD/MC) public sector programs operated by

I counties with the Fee-for-Service Medi-Cal (FFS/MC) private sector programs, forI

mental health psychiatric inpatient and outpatient services provided to Medi-Cal

beneficiaries. Under consolidation, BHD is the Local Plan administrator on behalf of the

State DMH, responsible for the provision of psychiatric and mental health services for

all Medi-Cal beneficiaries in Ventura County. Moreover, State Medi-Cal funds provided

to BHD includes both SDIMC and FFSIMC. These funds are subsequently matched for

Federal Financial Participation (FFP) to finance the cost of these services. Validated

through prior annual State DMH audits, BHD's program has successfully maintained

compliance with specified contract terms and conditions.

The contract before you today specifies the State's terms and conditions which governthe provision of all Managed Care services under the County's Local Plan from July 1,

2003 through June 30, 2004. The contract remains essentially unchanged with

exception of the following:

1) Addition of a requirement to provide the State with information on the design,

progress and outcome of the study of Latino access. The required study mayinclude, but is not limited to studies of : outreach efforts to increase access, stigma,

and healthcare/mental health partnerships related to access. Secondary studies

may include, but are not limited to studies of retention, the effect of extended hours,

I or barriers for Latinos with limited English proficiency. We are currently in

compliance with this standard as we have completed the required Cultural

Competence Plan for 2003-2004, due to the State Department of Mental Health on

ISeptember 30, 2003. The plan includes the design, progress and the preleiminaryoutcomes of the Latino Access studies.

2) Stricter authorization requirements for Day Treatment Services that includes a

written program description that describes the specific activities of the service

reflecting each of the required service components. The minimum components are:

Community meetings and therapeutic milieu; Day Treatment Rehabilitation skill

building groups and adjunctive therapies; Day Treatment Intensive skill building

groups, adjunctive therapies and psychotherapy. We are currently in compliancewith the implementation of the stricter Day Treatment Services standards and are

working closely with our contract providers to certify their programs as compliant.

3) Stricter authorization and reporting requirements for Therapeutic Behavioral

Services (TBS). TBS is an intensive one-to-one, short-term outpatient treatment


State DMH Contracts

October 21,2003

Page 4

intervention for beneficiaries under age 21 with serious emotional problems or

mental illness who are experiencing a stressful transition or life crisis and need

additional short-term specific support services. We are in compliance with the

stricter compliance standards as we have recently appointed a licensed clinician to

provide clinical oversight and authorization for all TBS services to verify that

service necessity standards are met.

4) Health Insurance Portability and Accountability Act (HIPAA) language (`iPrivacyRule") regarding the use and disclosure of protected health information. VCBH

instituted the HIPAA Privacy Rules the first week of April 2003. The federal date of

I compliance with the Privacy Rules was April 14, 2003.

On July 27, 1997 your Board authorized the Director, BHD to negotiate and execute

agreements with sufficient qualified providers to ensure that Medi-Cal beneficiaries

regional access to medically necessary services. Currently there are approximately200 agreements for individual, group, and organizational providers, and two hospital

providers (Simi Valley and Vista Del Mar) that are being (or have been) processed for

FY 2003-2004 execution under the BHD Director's signature. The providers represent

a cross-section based on geographic location, cultural competencies and clinical

specialty, and they serve approximately 2000 clients.

State DMH-

Performance Contract

Section 5650 of the Welfre and Institutions Code (WIC) requires that each county

adopt an annual Performance Contract developed by the State DMH for mental health

services provided at the local level. Under Realignment provisions, the Performance

Contract replaced the County Short/Doyle annual plan for mental health services in FY

I 1991-92. The Performance Contract formalizes the annual terms and conditions

applicable to the provision and funding of mental health services pursuant to

Realignment provisions. This contract is a required document that must be on file for

State audit reviews. The contract will cover the period retroactive to July 1, 2003

through June 30, 2004. The performance contract does not guarantee a set amount of

money to the County but rather provides the terms under which the County wtll be

reimbursed for services provided.

The State DMH Performance Contract is summarized as follows:

ARTICLE I

This section contains performance conditions and general assurances consistent with

applicable provisions of WIC that VCBH must adhere to within the overall delivery oO

mental health services, whether funded through realignment or continuing State DMH


State DMH Contracts

October 21, 2003

Page 5

allocations, Federal block grants or other pass-through reimbursements from the State

DMH including Federal Medi-Cal. Included is the ongoing responsibility to provide

monthly client data and the year-end financial cost reports to the State DMH. In

addition, this section of the contract aiso references conditions pursuant to funding

sources, which the State DMH oversees to allocate or reimburse to VCBH. These

funding sources include Community Services-Other, Mental Health Managed Care,

Federal Projects for Assistance in Transition from Homelessness (PATH), and

Substance Abuse and Mental Health Services Administration (SAMHSA) block grantfunds. The amount of these State DMH allocations and reimbursements to VCBH are

not specifically identified in the Performance Contract, but are consistnt with the

statutory provisions governing their allocation or reimbursements for the current fiscal

year, and are included in the VCBH approved FY 2003-2004 County budget.

ARTCLE 11

Pursuant to Section 5602 of the California Welfare and Institutions Code, the County is

responsible for establishing community mental health services to cover the entire area

of the County. Article 11 of the Performance Contract outlines the various programs,work plans and accountability requirements for the Children's System of Care (CSOC),PATH, SAMSHA, Supportive Housing Initiative Act (SHIA), and Integrated Services for

Homeless Adults with Severe Mental lllness (AB2034). These are programs with

funding available that BHD has received in the past, and will again receive in FY 2003-

2004. The funds will provide ongoing support for mental services to the community. As

each program is funded, work plans and budgets are prepared according to State DMH

guidelines.

ARTICLE 111

This section contains standard general provisions required by the State DMH to be

included in the performance contract These provisions include the following: contract

term (July 1, 2003-June 30, 2004), non-discrimination requirements, confidentiality of

patient's information, budget contingencies, patients' rights, recordkeeping, reports,I independent status of parties, subcontracting, severability, drug free workplace

certification, child support compliance and waiver of default.

The FY 2003-04 agreement also includes new Health Insurance Portability and

Accountability Act (HIPAA) language ("Privacy Rule") regarding the use and disclosure

Iof protected health information.

NOTE: This contract, a requirement of State law, sets forth the conditions under which

the County receives State funding, including Realignment funds, for local mental health

Board of Supervisorsi

I

State DMH Contracts

iOctober 21, 2003

I Page 6

programs. Pursuant to State law, the contract must contain a provision requiring the

County to give assurances that it will continue to provide services as mandated under

the Handicapped and Disabled Students program (SB90).

As you know, the Legislature has indefinitely deferred reimbursement payments to

counties for the cost of certain State-mandated local programs, including the cost of

mental health services provided to severely emotionally disturbed children under SB90.

Mandated reimbursements received only token funding in the 2002-2003 State budget,

and it remains unclear when, or if,

full payments will resume.

The 2003-2004 State Budget includes $69 million to be distributed to counties

representing partial payments for this year's services. The amount that Ventura County

will receive is estimated at $2,687,580. (The current projection for this year's expenses

is $6,000,000). In light of the uncertainty of future State funding, the County may be

unable to make an unqualified commitment to provide these services in future years.Fortunately, it appears as though this is not an issue for this fiscal year. Sufficient

appropriations exist in the Behavioral Health Department budget for this yeafs

program. Moreover, the County will also receive unanticipated revenue estimated at

$2,687,580 in additional special funding to the County through the Ventura County

Superintendent of Schools (VCSS). BHD and VCSS will be working together to

develop a Memorandum of Understanding (MOU) to allow these funds to be received

by the County for the provision of SB90 services. BHD will return to your Board at a

later date for approval of the MOU. As this is only a temporary solution, further

discussions will need to occur for FY 2004-2005.

FY 2002-03 State Hospital Bed Purchase and Usaoe Contract

Prior to FY 2002-03, DMH included the State Hospital Bed Purchase and Usage

requirements in the State Performance contract. The FY2002-03 contract for the

payment of these services is now under separate agreement and was received late

from the State. We therefore ask your Board to ratify the agreement for FY 2002-03.

Essentially, the State DMH has jurisdiction over State hospitals, pursuant to WIC

Section 4100, and is responsible for contracting with counties for each county's use of

State Hospital beds. The bed rates, as well as services provided and the applicableterms and conditions for payment are specifically identified in the contract. Based on

cost computations of the daily rate multiplied by the annual dedicated capacity by bed

type, and subsequent adjustments, including estimated client revenue offset, the annual

base contract amount for FY 2002-03 State Hospital services was estimated at

$140,642 in the agreement. The actual cost, however was $163,990 for services

provided by the State at Metropolitan State Hospital. Sufficient appropriations were

included in BHD's approved FY 2002-03 budget to cover these costs. At this time, BHD

has not received the FY 2003-04 contract from the State DMH.

1 Board of Supervisorsi

State Dh4ii Contracts

October 21, 2003

Page 7

This Board lefter has been reviewed by the County Executive Office, the Auditor-

Controller, County Counsel and the Mental Health Board. Due to the cost of printingand distribution, the contracts are on file with the Clerk of the Board for your review.

If you have any questions regarding this item, please tontact Linda Shulman at 652-

6737.

ISincerely,

III

UL N, M.F.T.

Director

Behavioral Health DepartmentiI

I

,t

DR. PIERRE DURAND



i

I

I

HCA "EI Ventura County

Health CarePIERRE DURAND, DPAmAgency



Karen Davis, MBA

HCA Deputy Director

HC4VCMC Chief Financial

Offioer/Fiscal ServicesOctober 21,2003Larry C. Keller, NBA

Insurance Services

Administrator

Paul E. Lorem, MBA

Board of Supervisors Public Health Director

County of Ventura Ronald L. O Halloran, MD

800 South Victoria Avenue Medical Examiner/Coroner

Michael PowersVentura, California 93009HCA Deputy Director

VCMC Hospital Administrator

Linda Shulman, MFT

SUBJECT: AMENDMENTS TO PURCHASE ORDER CONTRACTS FOR Behaviorat Heatlh Director

MEDITECH HEALTH, PRO NURSE, ON ASSIGNMENT, EZ STAFFING, Kirk E.Watson

HCA Deputy DirectorST. JOHNS REGIONAL IMAGING, CABRILLO RADIATION, QUESTVCMCCompliance Officer

DIAGNOSTICS, CALIFORNIA DEPARTMENT HEALTH GENETIC DISEASE,Bill Wood

MEDICAL DATA EXCHANGE, MEDICAL INFORMATION TECHNOLOGY, G.E.VCMCAmbulatory Care

MEDICAL SYSTEMS, DAVID MANIGAULT & ASSOCIATES, LLC., MEDISCAN Administrator

DIAGNOSTIC SERVICES, SCIENCE HEALTHCARE INC., DATA SYSTEMS

GROUP, TRI- VALLEY RESPIRATORY, STAT HEALTHCARE CONSULTANTS,

TOTAL E MED CORPORATION, MCKESSON CORPORATION AND HOOPER,

LUNDY & BOOKMAN

RECOMMENDATION:

That your Board ratify, approve, and authorize the Purchasing Agent to execute

Purchase Order changes and Contract Amendments with the listed vendors for

the respective amounts specified for the Health Care Agency during the Fiscal

Years 2002-03 and 2003-04.

FISCAL IMPACT:

Mandatory: No

Source of Funding: VCMC, HCA and Behavioral Health

Operational Performance


Impact on other Departments: Minor

I2323 Knoll Drive " Ventura, California 93003 " (805) 677-5110 " FAX: (805) 677-5116

I www.vchca.ora

#Board of Supervisors -A ndment to Purchase Order Contra Board Letter

October 21,2003

Page 2

2002-03 2003-04Sumiaary of Revenue and Total Costs Fiscal Year Fiscai Year

Revenue $86,553 * $4,494,000*

Direct $86,553* $4,494,000*

I ndirect-Department Minor Minor

$86,553* $4,494,000*TOTAL COSTS

i $0* $0*NET COUNTY COST

*Fiscal Impact represents the increased amount of the purchase order only. Funding

I

for these contract increases is included in the County FY 2003-04 Adopted Budget.

CURRENT FISCAL YEAR BUDGET PROJECTIONS:

Current FY 2003-04 Bud et Pro.ections for Ventura Count Medical Center



Ex enditures $160,500,000 $161,293,315 $160,500,000 $ 793,315

Revenue* $156,520,800 $156,520,800 $156,520,800 $0

O erational Loss** $ 3,979,200 $ 4,772,515 $ 3,979,200 $793,315** These contracts are necessary for hospital operations and would not be included in

any reduction plan. There is $4,000,000 available in Disproportionate share revenue

received in the prior year to offset the projected budgeted loss of $3,979,200. VCMCwill continue to work with the CEO's office to contain costs and enhance revenues to

close this shortfall.

DISCUSSION:

The Health Care Agency has a number of contracts with vendors for services to providetemporary staffing during times of peak patient volumes, sick-calls, and leave of

absence coverage. Funding for registry staff for Imaging, Respiratory and Nursing

services continues to be required due to an unusually high patient volume in these

areas and the shortage of staff. In the past Oscal year, the census was 10% higher than

projected. This increase is largely projected to continue this fiscal year. Funding forthese contracts is included in the County FY 2003-04 Adopted Budget. The tablebelow represents the fiscal summary for FY 2002-03.

I

i

#Board of Supervisors -Andment to Purchase Order Contra Board Letter

October 21,2003

Page 3

APPROVEDFY 2002-03FY 2002-03

BUDGETINCREASECONTRACTAMOUNTVENDOR UNIT AMOUNT

FY 2002=03

Pro Nurse5210720 000 $15,269 $735,269

EZ Staffing, Inc.5210 $ 220,875 $32,587 $253,462

Mediscan Diagnostic5210 $185,000 $20,977 $205,977

Tri-Valley Respiratory5210 $ 200,000 $1,111 $201,111

David Manigault & Associates,LLC. 5210 $ 191,137 $5,981 $197,118

On Assignment5210 $99,995 $10,628 $110,623

Total5210 $1,617,007 $86,553 $1,703,560

I

The table below represents the fiscal summary for FY 2003-04.

APPROVEDFY 2003-04

Budget FY 2002-03 CONTRACTFY 2003=04

AMOUNTVENDORUnit EXPENDITURES AMOUNT

INCREASE

FY2003=04(DECREASE)

Meditech Health$800,000 $900,000

Pro Nurse5210 $735,269 $100,000 $700,000 $800,000

On Assignment5210 $110,624 $100,000 <$0> $100,000

Maxim5210 $90,897 $100,000 200,000 $300,000

EZ Staffing5210 $253,462 $100,000 $400,000 $500,000

St. John's RegionalImaging 5210 $300,551 $100,000 $300,000 $400,000

Cabrillo Radiation5210 $148,412 $100,000 $100,000 $200,000

Quest Diagnostics5210 $432,989 $100,000 $450,000 $550,000

II

CaliforniaDepartment Health

Genetic Disease 5210 $107,930 $100,000 $5,000 $105,000Medical DataExchange 5210 $198,462 $100,000 $150,000 $250,000

q"Board of Supervisors-A endment to Purchase Order Contrac Board Letter

October 21,2003

Page 4

APPROVEDFY 2003-04 FY 2003-04

Budget FY 2002-03 CONTRACTINCREASE AMOUNT

VENDOR Unit EXPENDITURES AMOUNT

FY 2003=04(DECREASE)

Medical InformationTechnology 5210 $107,921 $100,000 $20,000 $120,000

GE Medical Systems5210 $169,930 $100,000 $115,000 $215,000

David Manigault &Associates, LLC.5210 $19T,118 $100,000 $200,000 $300,000

Medjscan DiagnosticServices5210 $205,977 $100,000 $50,000 $150,000

Science HealthcareInc.5210 $120,520 $100,000 <$75,000> $25,000

I Data Systems Group5210$70,785 $100,000 $100,000 $200,000

i

Tri-ValleyRespiratory5210 $201,111 $100,000 $20,000 $120,000

Stat HealthcareConsultants5210 $80,975 $100,000 <$10,000> $90,000

Total E Med Corp.(formerly Edix)5210 $529,899 $56,000 $569,000 $625,000

McKessonCorporation5210 $999,019 $325,000 $200,000 $525,000

Hooper, Lundy &Baokman5010 $100,000 $100,000 $150, eoo $250,000

Hooper, Lundy &O

Bookman5130 $11,994 $50,000 $50,000

Total$6,247,520$2,281,000 $4,494,000 $6,775,000

Meditech Health, Pro Nurse, On Assignment, and EZ Staffing

The temporary staffing agencies have been used to supplement core staffing

requirements. The increased usage results from the increased census which, this past

year, was 10% higher than projected. The projected increase for this fiscal year is 18%

compared to FY 2002-03. The Nursing Department is continuing its efforts to reduce

expenses in this area. Reduction strategies include: in-house training courses, active

recruitment of new graduate nurses, active recruitment of experienced per-diem nurses

with an increase in salary to remain competRive in the community. In addition, further

reductions in registry costs have been attained by limiting the use of the most expensivei

"Travel" Nurse registry. At this point in time there are no "Travelers" being used in

Nursing and no plan to do so. The hours of utilization of local registries have

decreased, however the costs, per hour, for use have increased as they have in all

nursing areas.

#Board of Supervisors -A ndment to Purchase Order Contrac Board Letter

October 21,2003

Page 5

Although temporary staffing services are generally subject to the living Wage

Ordinance, the personnel provided under these contracts are exclusively professional

medical prsctitioners. As such, these contracts are exempt from the Living Wage

Ordinance.

St. Johns Regional Imaging performs MRI (Magnetic Resonance Imaging)I

procedures, and also provides back up services for the CT scanning in case of

equipment failure. We are projecting a 30% volume increase for MRI procedures for

this fiscal year. The projected amount represents a 33% increase compared to the

previous fiscal year. Because of the consistent volume increase, VCMC is currently

examining alternate arrangements of providing for MRI services.

Cabrillo Radiation provides radiation therapy to patients. Radiation therapy is a

specialized cancer treatment modality that is used to treat certain cancers and to

alleviate pain Oor other cancers. Radiation therapy requires specialized personnel and

equipment which VCMC does not have. Cabrillo Radiation offers multiple facilities

throughout the county for the convenience oO our patients. The projected amount

represents a 35% increase compared to last fiscal year. Professional medical services

are exempt from the LWO.

Quest Diagnostics is the reference laboratory that VCMC uses to perform tests that

are not done in our laboratory- They are usually tests that are ordered infrequently or

tests that we don't have the equipment or expertise to run. This year the Laboratory's

test volume, primarily from the clinics has increased 10%. The volume of tests sent to

Quest has also increased by at least 10%. The projected amount represents a 270%

increase compared to last fiscal year.

California Department Health Genetic Disease-

The Newborn Screening Program is

a California State mandated program that currently screens every newborn for

phenylketonuria, galactosemia, primary congenital hypothyroidism and sickle cell and

other hemoglobinopathies. These are genetically inherited diseases that if caught early

can be controlled with medications andlor special diet preventing mental retardation and

other serious conditions. The Genetic Disease Branch of the California Department of

Health Services manages this program and they select the laboratories that perform the

testing for the entire state. The projected amount represents a 0.97% decrease

compared to last fiscal year.

Medical Data Exchange electronically processes Medicare, Medi-Cal and insurance

claims. This service expedites the processing time and improves cash Oow. Electronic

processing prevents the facility from being assessed a ten percent (10%) surcharge that

Medicare aftaches to any provider not processing claims electronically. Electronic

processing enables VCMC to experience a smooth, timely interface with the state

i contractor for processing and remiftance on the hospital and professional bills. Last yearthis vendor was used for only three months however this year we will be using them the

entire fiscal year. The projected amount represents a 25% increase compared to last

fiscal year. These services are subject to the Living Wage Ordinance (LWO) and

appropriate language will be included in the purchase orders.

Board of Supervisors -A ndment to Purchase Order Contra Board Letter

October 21,2003

Page 6I

Medical Information Technology provides the Medical Information System for the

Medical Center's ancillary support departments (Lab, Imaging, Pharmacy, Rehab and

Respiratory Care). It houses all medical information for all patients registered at VCMC

including History and Physical consults and surgery reports. The projected amount

represents a 120% increase compared to last fiscal year. The monthly fees are $9,033.I This contract provides professional services and is exempt from the LWO.

G.E. Medical Systems provides parts and labor to maintain and repair diagnostic

imaging equipment, including the CT scanner, needed to render 24-hour care to our

patients. The projected amount represents a 26% increase compared to last fiscal yearThrough the bid process it was identified that GE offers a level and type of service that

can not be matched by other vendors. Additionally, we were able to reduce the service

contract cost by 23% ($50,000) under last year's cost. The total amount

requested however, includes a three months contract extension at the old rate because

the new rate will not take effect until the contract is signed. Contract signing will occur

following the Board's approval oO this request for funding. The contract locks the rate for

five years. This fiscal year we will receive nine month's benefit. In future years we will

receive the full $50,000 benefit. This service is subject to the LWO and appropriatelanguage will be included in the purchase order.

There is also a blanket PO amount of $12,000 included in the total amount requested to

cover labor costs for service calls that occur outside of service contract hours.

David Manigault And Associates, LLC. provides interface and eligibility system

programming as required for regulatory and fiscal intermediaries. Additionally this

company provides updates to the electronic processing system for processing claims for

payment on patient bills. The electronic processing these interfaces support provide

more accurate billing, professional fee management review, and provide faster paymentprocessing. The dollar amount requested ($300,000) is to provide maintenance

services for the existing systems, and additional changes necessary for HIPAA

compliance and mandated state reporting. The projected amount represents a 50%

increase compared to last fiscal year. This contract provides professional services and

is exempt from the LWO.

Mediscan Diagnostic And Services Science Healthcare has been used to

supplement core imaging staff requirements, especially in the areas of Nuclear

Medicine, Ultrasound, Mammography and Diagnostic Radiology. The Imaging

Department has set a goal to reduce future expenses in these areas. Strategies include

increased recruitment of graduating students from local colleges to increase the size of

our in-house per diem pool, restructuring of job classes and salary scales to facilitate

recruitment of new employees and the addRion of benefited positions. Until these

strategies are fully implemented, the Medical Center will continue to require the use ofI

Iregistry services in order to meet imaging staffing requirements. The projected amount

collectively represents a 76% reduction compared to last fiscal year. Professional

medical services are exempt from the LWO.

Data Systems Group electronically processes Medicare, Medi-Cal and insurance

claims. This service expedRes the processing time and improves cash Oow. Electronic

I

abBoard of Supervisors -A ndment to Purchase Order Contrac oard Letter

October 21,2003

IPage 7

I

I

processing prevents the facility from being assessed a ten percent (10%) surcharge that

Medicare aftaches to any provider not processing claims electronically. Electronic

processing enables VCMC to experience a smooth, timely interface with the state

contractor for processing and remittance on the hospital and professional bills. The

projected amount represents a 186% increase compared to last fiscal year. The

increase is due to the creation of the Physician Centralized Billing OFOce. Currently the

billing for the satellUe clinics is completed at the clinic site. In the near future all of the

claims will have to be processed by the Data Systems Group electronically and

itransmitted.

ITri=Valley Respiratory Care has been used to supplement core respiratory staff

requirements. The Respiratory Department has set a goal to reduce future expenses in

I

this area. Strategies include increased recruitment of graduating students from local

colleges to increase our per diem pool, restructuring of salary scales to facilitate

recruitment of new employees and the addition of benefited positions. Until the

strategies are fully implemented, the Medical Center will continue to require the use of

registry services in order to meet respiratory requirements. The projected amount

represents a 40% decrease compared to last fiscal year.

Stat Healthcare Consultants provides vacation coverage for Medical Records' DRG

and facility coders. Stat also audis Medical Record Department coding for accuracy

and provides inservice education to the department's coders. This auditing and

education helps to ensure that VCMC receives the maximum appropriatereimbursement for the patient care that is documented in the medical record. The

projected amount represents a 12% increase compared to last fiscal year.

Total E Med (formerly Edix) Corporation provides medical transcription services to

the Ventura County Medical Center. This vendor transcribes physician dictation of

Radiology reports directly into the hospital's computerized Meditech Patient InOormation

System. For inpatient and outpatient reports, the vendor transcribes reports on the

Total E Med/Edix system, which are then transferred to the Meditech System. Multiple

departments and physicians have been added to the service. This service is subject to

the LWO and appropriate language will be included in the purchase order. The

projected amount represents a 18% increase compared to last fiscal year.

McKesson Corporation provides computer data systems that support the scheduling,

billing, medical records, and patient care at the hospital and several clinics. The

anticipated cost of retrofitting custom interfaces required as part of HIPAA upgrades for

claims processing, data importation services, and addRional costs related to statement

processing, annual maintenance and support costs will be covered by this increase. The

projected amount represents a 47% decrease compared to last fiscal year. This contract

provides professional services and is exempt from the LWO.

i

I

i

Board of Supervisors -A ndment to Purchase Order Contra Board Letter

October 21,2003

Page 8

Hooper, Lundy & Bookman provides various legal services to the Health Care

Agency, which include compliance review. The projected increase is due to hospital

affiliation negotiations.

This lefter has been reviewed by the County Executive Office, County Counsel, Auditor-

Controller and the Purchasing Department. If you have any questions regarding these

recommendations, please contact Michael Powers, Hospital Administrator at 652-6058.

CHAEL POWERS

HCA Deputy Director

VCMC Hospi I Adminis)

DR. PIERRE DURAND

HCA Director

VCMC Administrator

eoullsu ef van%UFa HUMAN SERVICES AGENCY

Ted Myers, Agency Director

Barry Zimmerman, Director

Administrative Services Dept

652-7525I

Teresa Elenes, Director

Adult Services DepartmentI 652-7654

October 21,2003Bruce Stenslie, Director

Business & Employment Services

Dept

652-7621Board of Supervisors

I County of Ventura Linda Henderson, Director

I Chiidren & Family Services Dept800 S. VictoriaAvenue652-7838

Ventura, CA93009KathiStrahl, Director

Transilional Assistance Dept

652-7662

I

I

ISUBJECT: APPROVAL OF AN AGREEMENT WITH THE ECONOMIC

DEVELOPMENT COLLABORATIVE-

VENTURA COUNW TOI

PROVIDE A JOB RETENTION AND BUSINESS ENHANCEMENT

PROGRAM. (AGREEMENT ON FILE WITH THE CLERK OF THE

BOARD)

RECOMMENDATIONS:


1. Approve a contract with the Economic Development Collaborative-Ventura County

to provide a Job Retention and Business Enhancement Program for local

employers in an amount not to exceed $50,000 for the period October 1, 2003

through March 31,2004.

2. Authorize the Human Services Agency (HSA) Director or his designee (Director-Administrative Services) to approve modifications to decrease the amount of the

agreement, to extend the time for performance not to exceed a cumulative three-

month period, or to modify the terms or scope of work in a manner that is

consistent with the original purpose of the agreement.

FISCAUMANDATES IMPACT:

Mandatory: No

SourceofFunding:Workforce Investment Act (WIA)-

Rapid

Response FundsI


Impact on Other Departments:NoneI

I Thoughfully transformirig our world

505 POLI STREET, VENTURA, CA93001 (805) 652-7601 FAX (805) 652-7571


I

October 21,2003

Page 2

I

Summarv of Revenue and Total Costs:

FY 2003-04

Revenue:

Direct $50,000

TOTAL REVENUE $50,000

Costs:

Economic Development Collaborative-Ventura County $50,000

TOTAL COSTS $50,000

Net County Cost O

SufOcient revenue and appropriations for this agreement are included in the Human

Services Agency's FY 2003-04 Budget. Full cost reimbursement will be made to the

County, therefore there are no net County costs.

CURRENT FY 2003-04 Budget Projection for 2300 Workforce Development


Budget Budget Budget (Savings/Deficit)

Appropriations 9,222,876 9,222,876 9,222,876 -0-

Revenue 9,222,876 9,222,876 9,222,876 -0-

Net Cost -0- -0- -0- -0-

DISCUSSION:

At their June 26, 2003 meeting, the Workforce Investment Board approved a

recommendation to re-release a Request For Proposals (RFP) for a Job Retention

and Business Enhancement Program for an amount not to exceed $50,000. This new

procurement was based on concerns expressed by several WIB members on the

integrity of an earlier procurement.

The objective of the Business Enhancement and Retention program, funded throughI the County's allocation of WIA Rapid Response funds is to provide services to local

employers based on /ayoff aversion strategies. Such strategies are designed to assist

local businesses to remain profitable by coordinating direct business services, referralI and information. The program also links employers to our Job & Career Center

services. In addRion, the program focuses on reducing the incidence of employeelayoffs and business closures through a proactive strategy that targets firms requiringassistance in order to remain viable.


October 21,2003

Page 3

The revised RFP was released July 21, with responses due no later than August 21. A

total of five proposals were received. An outside review panel of six individuals was

convened on September 9, 2003 to develop a final score for each of the proposalsreceived. Of the five proposals received, EDC-VC scored the highest with an average

total score of 90 points out of 100. A detailed review of the proposals and review

process is included in the attached item presented to the WIB as an action item at

their September 25, 2003 meeting.

Project deliverables for this contract include 80 jobs saved, 50 employers referred to

the Job & Career Centers and 60 employers provided layoff aversion assistance. TheI contract enables EDC-VC to dedicate resources to identify and assist troubled firms

reduce or eliminate those factors that may cause the firm to otherwise lay off existing

workers. Additionally, 70 employers will be referred to a variety of other business

services to address their non-workforce related needs. These outcomes are included

in the contract as levels of performance. The primary performance measure will be the

ertent to which the program has helped to retain local jobs.

Primary services to achieve these goals will include maintenance of a web site,

individual firm needs assessment, financial management assistance, marketing,

human resources and operations process improvement systems, and referrals to

appropriate community resources, including the Job & Career Centers.

The contract with EDC-VC, if approved, will be closely monitored to address concerns

expressed by the WIB. As noted in the attached WIB item on this topic, there were

concerns regarding the disorganized structure of the EDC-VC and the lack of an

adequate reporting system to validate the extent to which their efforts had actually

resulted in job retention. Specific areas that will be focused on include an increased

emphasis on, and documentation of,

assistance provided to employers and validation

of the jobs saved. Due to the dynamic nature of the market system and the diverse

pressures facing businesses, it is oftentimes difficult to directly attribute a job not lost

or company not closed, with a specific service provided by the contractor. This will be

addressed through closer liaison with the Job & Career Centers to improve the

coordination between the contractor and Rapid Response services to local employersand through a more targeted monRoring effort to validate from the employer the

effectiveness of assistance provided by EDC-VC.

Funding for the program will be provided out of the WIB Rapid Response allocation.

The contract would be considered for an augmentation of funding for up to an

additional $50,000 for the period April 1, 2004 through June 30, 2004 should

supplemental funds become available later in the year. Any augmentation would be

dependent as well, on the overall success of the Business Retention activity and theII discretion of the WIB and your Board.

I

IIiI

iI


October 21,2003

Page 4

This letter has been reviewed by the County Executive Office, the Auditor-Controller's

Office, and County Counsel. If you have any questions, please contact me at 652-

7602 or Barry Zimmerman, Director-Administrative Services at 652-7525.I

Respecffully submitted,

-`->)

/-- Z

TED MYERS

Director

Attachment

G:\\Board lefters\\edcvcRRI0-03 br.doc

i

yUILDING OUR FUTURE WORKFORCE

y

Workforce Investment Board

505 Poli Street, Ventura, CA 9300i

Phone: 805-652-7684. Fax: 805-648-9533 it

I WORKFORCEI

I

TO: WORKFORCE INVESTMENT BOARDINVESTW[ENTNETWORK

FROM: AMY FONZO, DEPUTY WORKFORCE AREA DIRECTOR

DATE: SEPTEMBER 25, 2003

SUBJECT: RECOMMENDATION TO APPROVE A RAPID RESPONSE CONTRACT

WITH THE ECONOMIC DEVELOPMENT COLLABORATIVE-VENTURA

COUNTY FOR BUSINESS RETENTION AND LAYOFF AVERSION

SERVICES

RECOMMENDATION:

That your Board approve the recommendation to award a contract with the Economic

Development Collaborative-Ventura County (EDC-VC), to provide business retention

services, for an amount not to exceed $50,000, for the period October 1, 2003 through

March, 2004.

DISCUSSION:

The Business Enhancement Program (BEP) was developed under the new Rapid

Response guidelines oO the Workforce Investment Act in July 2000. The regulationsstate that strategic activities may be explored to reduce the incidence of layoffs or

business closures, which result in jobs lost or downsizing. The objective of this effort is

to work along side county economic development officials and bring together a variety

of services that would support business retention and expansion.

Over the last three years, the contract has been.awarded to the EDC-VC. Their

management of the project prevented hundreds of jobs from being eliminated and

assisted several dozen businesses with services such as loan packaging, business

planning, marketing consulting, and cash Oow anaiysis.

This program has been extremely successful over the past three years due to the

partnerships formed with the city's Economic Development leaders. So much so that

most cities contribute real dollars to augment the WIB's annual allocation.

At the regularly scheduled WIB meeting this past June, your Board aftentively denied

the approval of a recommendation to continue funding the EDC-VC per a new

procurement process. The EDC-VC was the only applicant. The direction of the WIB to

staff was to release the Request for Proposals for a second time. The reason for the

refusal was due to the recent disorganized structure of the EDC-VC and their poortracking capability to verify if the contract outcomes were indeed acceptable.

Since June 2003, another round of the solicitation took place. Three organizations from

within the county and two external organizations submifted proposals by the published

JOB & CAREEII tENTERS YOUT1-I EDUCATION & TRAINING EMPLOYERS RESOURCE

ww\\v. ivib. ventura. ori

Workforce Investment Board

September 25, 2003

Page 2

ii

I deadline. A panel of six experts drawn from our local area and other parts of CaliforniaI

independently scored the applications against strict criteria. These professionals with

economic development and Rapid Response experience then gathered in Ventura in a

facilitated sesston to review al! ratings and discussed strengths, organizational capacity,

and adherence to the Scope of Work. The scoring resuns are provided in the table

below.

EDC-VC TTI Gold Coast Community Clarity

America SBDC R & D, Inc.Consultin

Panelist #1 98 100 93 83 83

Panelist #2 84 68 56 50 26

Panelist #3 93 88 83 88 81

Panelist #4 88 70 77 50 70

Panelist #5 85 90 80 60 60

Panelist #6 90 80 75 65 45

Total Score 538 496 464 396 365

Avera e 89.7 82.7 73.3 66.0 60.8

The reviewers were unanimous in their decision to support the award of a contract to

the EDC-VC. Previous concerns raised by WIB members regarding EDC-vc's

operational budget, leadership, and services offered were addressed in their proposal.I The EDC-VC has since contracted a part-time president, made internal overhead

reductions wherever possible, and agreed to focus on only those activities that are

practical and viable per their organization's mission.

Staff commits, if this action is approved, to ciosely monitor the new contract to include

an increased emphasis on, and documentation of,

assistance provided to employers

iand substantiation of the jobs saved. An upgraded referral process can be addressed

through closer liaison with the Job & Career Centers to improve the coordination

between the contractor and Rapid Response services. Business satisfaction surveysI

may also be mandated to validate the effectiveness of assistance provided through the

contract from the employers. The primary performance measure will be the ertent to

which the program has averted layoffs.

I Funding for the six month program term will be provided out of our Rapid Response

base allocation for FY 2003-04, estimated at a minimum of $200,000. To supplementthe base allocation, our Local Workforce Area has applied for additional Rapid

Response funds. We are awaiting the Onal allotment decision. Any contract

augmentation would be dependent on fund availability, the overall success of the

Business Retention activities and the discretion of your Board and Board of

Supervisors.

Should you have any questions please contact me any time at 648-9524 or email at

amv fonza@mail co ventura ca us.

G:\\WIB WIAIWIB Council 2003\\June 2003\\edc-vcrecRR03.doc

faunt4 Qf IFEnt&a HUMAN SERVICES AGENCY

Ted Myers, Agency Director



652-7525


Adult Services Department

652-?654

October21,2003BruceStenslie, Diredor


Dept


Linda Henderson, DireclorCounty ofVenturaChildren& Family Services Dept

800 South VictoriaAvenue652-7838

Ventura, CA 93009KathiStrahl, Director

Transitional Assistance Dept

SUBJECT: ACCEPTANCE OF A GRANT FROM THE STATE OF CALIFORNIA TO652-7662

OPERATE A FISCAL YEAR 2003-04 VETERANS WORKFORCE

INVESTMENT PROGRAM AND APPROVAL OF A CONTRACT WITH

THE EMPLOYMENT DEVELOPMENT DEPARTMENT TO PROVIDE

VETERAN WORKFORCE SERVICES. (CONTRACT IS ON FILE WITH

THE CLERK OF THE BOARD)

RECOMMENDATION:

I


1. Approve and accept a grant from the State Employment Development Department to

operate a Veterans Workforce Investment Program (VWIP) to provide vocational

training, job placement and follow-up services for 78 veterans for a maximum cost of

$200,000. The grant will operate through September 30, 2004.

2. Authorize the County Executive Office, Human Resources to extend a fixed-term

Account Executive position under Budget Unit 2300, Organization 2320 effective

October 1,2003 and expiring September 30, 2004.

Class

CodeClassification Title FTE Bi-Weekly Ranae Annual Salary Range

01683Account Executive 11 1.0 1,479.01-1,874.23 $38,454.26-$48,729.98

3. Approve and authorize your Chair to sign a contract not to exceed $60,000 with the

local Job Service office of the Employment Development Department to serve 78

veterans eligible under the Veterans Workforce Investment Program.

4. Authorize the Human Services Agency (HSA) Director or his designee (Director-Administrative Services) to approve modifications to decrease the amount of the

contract, to extend the time for performance not to exceed a cumulative three-month

Thoughlfully transforming our world

505 POLI STREET, VENTURA, CA 93001 (805) 652-7601 FAX (805) 652-7571


October 21,2003

Page 2

period using previously budgeted funds, or to modify terms or scope of work in a

manner that is consistent with the original purpose of the contract

FISCAUMANDATES IMPACT:

Mandatory: No

Sourceof Funding: Workforce Investment Act (WIA) 15% Discretionary

Funds

Funding Match Required: $85,000 (EDD Local Job Service Veterans Funds)Impact on Other Departments: None

Summarv of Revenue and Total Costs:

FY 2003-04 FY 2004-05

Revenue:

Direct: VWIP Grant $150,000 $50,000

EDD Veteran Funds (match) $63,750 $21,250

TOTAL REVENUE $213,750 $71,250

Costs:

Direct (Workforce Administration) $168,750 $56,250

Direct (Contract) $45,000 $15,000

TOTAL COST: $213,750 $71,250

Net County Cost O O

Subject to the limitations in applicable State and federal regulations, fu11 cost

reimbursement will be made to the County from Workforce Investment Act Title I

revenues; as a result there will be no County costs associated with this Board action.

Sufficient revenue and appropriations are included in HSA's FY 2003-04 adopted

budget.

CURRENT FY 2003-04 Budget Projection for 2300 Workforce Administration


Budget Budget Budget (Savings/Deficit)

Appropriations 9,222,876 9,222,876 9,222,876 -0-

I

Revenue 9,222,876 9,222,876 9,222,876 -0-

Net Cost -0- -0- -0- -0-II

DISCUSSION:

Since July 2000, the Human Services Agency's (HSA) Business and Employment

Services Department (BESD) has operated a Veterans Workforce Investment Program

(VWIP) through funding awarded to the County to serve veterans eligible under the


October 21,2003

Page 3

I

federal Workforce Investment Act (WIA). In June 2002, HSA submitted another grantapplication to continue serving this population. The grant was awarded to the County

and the program has completed yet another successful year. Through August 2003 the

program has served 115 veterans with 67% of these veterans receiving training. To

date, the program has achieved an average wage at placement of $16.10 per hour with

several participants currently in training or other program activities.

Recently the State Employment Development Department provided notice to the County

of the award of another allocation of $200,000 in WIA 15% Discretionary funding to

operate the program for the 2003-2004 Fiscal Year. Services include counseling, jobclubs, vocational classroom training, On-the-Job-Training and direct placement

services. Additional services are provided directly by EDD through their existing

Veterans services unit.

The recommendations before your Board today are to (1) accept the award of $200,GOO

in WIA 150% funds for the VWIP, (2) ertend the fixed term staff position responsible for

providing direct employer services through this grant, (3) and approve a contract with

the local Job Service ofOce of the Employment Development Department.

The new grant provides for services to be provided to an estimated 58 continuing

participants with 10 new eligible veterans enrolled this year. Eligibility criteria targets

disabled or homeless veterans, campaign veterans and veterans recently separatedfrom military service. In addition to the training and job placement services provided, the

program provides for follow-up services for 180 days after the veteran obtains

unsubsidized employment. Services are coordinated through HSA's Business andiI

Employment Services Department (BESD) and include essential participation from the

local EDD veteran's staff as well as HSA's Veterans Outreach Program.

This year will see a significant reduction in the number of new VWIP participantsenrolled. AUhough the funding level has remained the same as last year, reduced

funding from other sources, particularly from the County's allocation of Workforce

Investment Act formula funds which has been used in the past to augment the VWIP

allocation, necessitate a more focused strategy, requiring the program to be self-

supporting. In addition, the high number of participants still in training or receing

follow-up services during the 180-day period after placement also limits the number of

new veterans that can be served in the program.

A variety of employment services Oor veterans are already provided through both the

local EDD offices and through our Job & Career Centers. These additional funds will

continue a targeted strategy that addresses some of the unique barriers of this group,providing both more supportive services and specific vocational training.

Veterans represent a disproportionately large percentage of the homeless in Ventura

County and these funds allow additional outreach and service to homeless, disabled

and other veterans with special needs as well as recently separated veterans with


October 21,2003

Page 4

Ilimited transferable skills. Targeting services to this latter group helps assure a more

effective transition of recently separated veterans to unsubsidized jobs in the privatesector and provides an opportunity to improve and expand our linkages with the local

military bases.

The local EDD office through a contract, along with the County's existing veteran's

service officers, conducts outreach and recruitment of eligible veterans through the local

bases and liaison with veteran's service providers. In this new contract, EDD will be

obligated $60,000 to continue to coordinate job search workshops, assist in direct jobplacement activities and provide case management services for these individuals

I through September 30, 2004. BESD facilitates the direct placement efforts and

coordinates with EDD for referral of VWIP participsnts to vocational and On-the-Job-

Training. Support services are coordinated through BESD staff with other local partners.

While most of the services provided by BESD are absorbed within its existing delivery

system, the special needs of this group necessitated a dedicated employer outreach

representative. An Account Executive 11 has worked with the veterans program for three

years on a fixed-term basis to support the project. This position allows a project-specificstaff member to connect job seekers who possess various employment and non-I

employment related barriers to local businesses.

II All participants will receive job search assistance and vocational guidance. It is

anticipated that up to 8 newly enrolled veterans will receive vocational classroom or on-

the-job training; the balance of program participants will receive enhanced assessment

and testing services, job referrals and related counseling and follow-up services. A 700%

placement rate is anticipated. The program will serve veterans from throughout Ventura

County.

We are excited to be able to continue to provide these valuable employment services to

our local veterans. The dedication of the BESD staff, local and State partners in theI

project have made the past three years of the Veteran's Workforce Investment Program

a success. The local workforce community looks fo~ward to continuing the program and

improving employment opportunities and services for local veterans.I

This letter has been reviewed by the County Executive Office, the Auditor-Controller's

Office, Human Resources and County Counsel. If you have any questions, pleasecontact me at 652-7602 or Barry Zimmerman, Director-Administrative Services at 652-

7525.

Respecffully submiffed,

14 TED MYER

Director

G:\\Board lettersWETS2003-4 rev br,doc

RONALD C. COONS

Agency Director

Transportation Department

Wm. Butch Britt, Director

Water Resources & Development Department

John C. Crowiey, Director

Central Services DepartmentOctober 21,2003Lane B. HOIt. Director

Environmental & Energy Resources Department

Kay Martin, Dirtor

Watershed Protection DistrictBoard of SupervisorsJeff Pra~, Diredor

County of VenturaEngineering Services Department

800 South Victoria Avenue Alec T. Pringle, DirectorI Ventura, CA 93003

I

Subiect: ACCEPTANCE OF A CALIFORNIA INTEGRATED WASTEi

I MANAGEMENT BOARD REUSE ASSISTANCE GRANT RU7-03-8.I "REQUIRES 4/5 VOTE" (Grant Agreement on file with the Clerk of the

Board)

Recommendations:

1. Adopt a resolution authorizing the Environmental and Energy Resources Department

(EERD) to accept an award of $49,700 from the California Integrated Waste

Management Board (CIWMB) under their FY 2003-04 Reuse Assistance Grant

Program (Attachment 1); and

2. Authorize the Director of the EERD to sign the signature page of the grant agreement(Attachment 2); and

I

3. Authorize the Auditor-Controller to process the accounting transactions required to

increase revenue and appropriations as follows: (Requires 4/5 vote)

I

EERD-

Organization 6160

INCREASE IntergovernmentalRevenue$21,694

INCREASE Services andSupplies$21,694

I

FiscaVMandates Impact:

Mandatory: No

Source of Funding: CIWMB $49 700

Funding Match Required: Yes $40 402 in kind EERD funds ($30 7031

RAIN Proiect ($8 100\\ ReStore ($1 6001

Impact on Other Departments:None

Hali of Administration L # 1600 4800 S. Victoria Ave, Ventura, CA 93009. (805) 654-201 8. FAX (805) 654-3952. www.ventura.orgNCPWA


October 21,2003I

Page 2 of 4

Summary of Revenues and Costs: FY 2003-2004 FY 2004-2005

Revenue: $21,694 $28,006

Costs:

Direct $20,661 $26,672

Indirect-Dept. 971 $ 1,254

Indirect-CAP 62 $ 80

Total Costs: $21,694 $28,006

INet EERD Costs: $0 $0

Recovered Indirect Costs: $ 1,033 $ 1,334I

Current Fiscal Year Budaet Proiection.I

Current FY 200344 Budget Projection for EERD

Adjusted EstimatedAdopted ProjectedBudget Budget Budget (Savi ngs/Deficit)

Appropriations 3,614,110 3,780,300 3,780,300 O

Revenue 2,194,300 2,194,300 2,194,300 O

Net Cost 1,419,810 1,586,000 1,586,000 O

I

iI

iDuring your February 25, 2003 regular laeeting, the Board of Supervisors authorized the

EERD to apply to the CIWMB for grant funds under their FY 2003-04 Reuse Assistance

Grant Program. On September 16, 2003, the EERD received notice that our application for

I $49,700 in grant funds under the Reuse Assistance Program had been awarded.

The $49,700 in grant funds was not included in the EERD's 2003-2004 adopted budget.

IMatching funds for the Reuse Assistance grant will be provided by in-kind contributions

from the RAIN Project, Habitat for Humanity, and the EERD. The EERD match includes

stafOng costs required to administer the grant and Jmplement grant funded reuse outreach

programs. Those funds were included in EERD's 2003-2004 adopted budget.

Matching funds provided by other grant partners (i.e., RAIN Project and Habitat for

Humanity's ReStore) will be paid directly by those grant partners for specific budgeted

items and will not be received by the EERD. This CIWMB's Reuse Assistance grant

program allows for a 5% indirect cost recovery component. For this grant, the indirect cost

recovery amounts to $2,367. The total costs for this program over the next 2 fiscal years

are estimated to be $90,103.

Discussion:I

The Source Reduction and Recycling Element (SRRE) for the unincorporated area of the

county, which was adopted by the Board of Supervisors in January 1992, included,

"assistance with the development of salvage and resale operations" as one of theI

programs deemed necessary to help us meet the State-mandatedsOS diversion goals by

the end of the year 2000.

I


October 21,2003

Page 3 of 4

Although the CIWMB has certified a 54% diversion rate for the unincorporated area of

Ventura County for calendar year 2000, general purpose governments, like the County,

are still required to implement source reduction, reuse and recycling programs Jn order to

continue to meet an ongoing State-mandated 50% diversion goal pursuant to State law

(SB 2022). The EERD believes that continued support for the building materials reuse

operations currently underway at Habitat for Humanity's ReStore, which is locatedi

northeast of the EI Rio unincorporated community, will continue to assist the

unincorporated area of Ventura County meet the State-mandated 50% diversion goal, nowand in the future.

The $49,700 in Reuse Assistance Grant funds awarded to the County by CIWMB will be

iused by the EERD to implement a new, high profile regional campaign to promote greater

I public awareness and use of the Habitat for Humanity's ReStore. The Department's

original efforts in this regard began in 2000. ReStore is one of Ventura County's most

important program options for the reuse of construction and demolition discards. In

addition, this proposed program offers much needed job-training opportunities to clients ofI

the RAIN Project.

I

The EERD's proposed regional promotion campaign funded by this Reuse Assistance

grant will include the following key items:

heatre ads promoting "3 Easy Ways to Reuse Your Discards" for 26 weeks;

Spanish language radio ads & public service announcements on KZCR, KOXR, and

KXLM;

Ads for the ReStore and RAIN Project in VCMAX quarterly catalogs;

"3 Easy Ways to Reuse Your Discards" posters and displays countywide;i

Creation of a ReStore specific database of contractors and others in the building

trades and industry to enable EERD to target 1000 business persons with Oyers per

Iquarter for two years to increase regional awareness and donations of building

Imaterials to the ReStore; and

I Regular reminders through the Ventura County Materials Exchange (VCMAX) catalog

and on the popular www.vcmax.oro website.

Fundamental to the ongoing viability of the Habitat for Humanity's ReStore operation, as

well as the success of our proposed regional campaign promoting building materials reuse

is the need for a convenient, dependable, countywide collection system for reusable

I building materials at construction sites and homes. EERD proposes to help meet this need

I

by utilizing the major portion of the Reuse Assistance grant funds awarded to offset the

cost of the labor required to implement such a system through the job training programs ofI

California Conservation Corps (CCC). The Reuse Assistance Grant will provide funds to

the California Conservation Corps to supply two persons, twice a week to ReStore for the

collection of donated reusable building materials from homes, businesses and construction

sites. Sufficient grant funds were awarded to provide funding for this collection system forI

two years.

I

1I

J Board of Supervisors

October 21,2003

Page 4 of 4

Construction and demolition (C&D) discards are currently targeted wastes for diversion

I programs by the CIWMB, the EERD, and the ten cities and the Unincorporated Area wihin

Ventura County in their ongoing annual efforts to meet or even exceed the State-mandated

50% landfill diversion goals by encouraging and facilitating reuse, not disposal, of reusable

building materials.

To date, aggressive efforts by the EERD to site a mixed C&D recycling facility in Ventura

County have not succeeded due to high real estate values, zoning restrictions, and

community opposition. With no local alternative for mixed C&D recycling, a huge potentialI

exists for diversion from the C&D waste stream in Ventura County.

I

EERD has prepared this regional promotional campaign for building materials reuse after

I working closely with the executive staff of the Habitat for Humanity's ReStore, theI

California Conservation Corps, and the RAIN Project's coordinator.

This item has been reviewed by the offices of the County Executive, County Counsel, andI the Auditor-Controller. If there are any questions regarding this item, please contact Bill

Lykins, Manager, Resource Management Division, at 289-3108.

I

I

I

KAY ARTIN, Director

Environmental and Energy Resources Department

AOachment 1: Resolution Authorizing the Application for CIWMB Grant Funds

Attachment 2: CIWMB Signature Sheet from Grant Agreement

I

I

i

RESOLUTION OF THE VENTURA COUNTY BOARD OF SUPERVISORS

I ACCEPTING AN AWARD OF GRANT FUNDS BY THE CALIFORNIA INTEGRATED

WASTE MANAGEMENT BOARD UNDER THEIR FY 2003-04 REUSE

I ASSISTANCE GRANT PROGRAM, CONTRACT RU7434I

WHEREAS, the California Integrated Waste Management Board (CIWMB) has defined

the concept of "reuse" as an integrated approach encompassing several key waste

management objectives such as: building materials efficiency, construction and

demolition waste reduction, and the maximization of reused- and recycled-contentbuilding and landscaping materials in construction projects; aid

WHEREAS, the Ventura County Board of Supervisors authorized the Environmental and

Energy Resources Department (EERD) to submn a grant application to the CIWMB, on

behalf of the County of Ventura, during their February 25, 2003 regular board meeting;I

and

WHEREAS, the EERD submi0ed an application to the CIWMB requesting funding under

the State's Fiscal Year 2003-04 Reuse Assistance Grant Program; andI

I

WHEREAS, CIWMB awarded $49,700 in grant funds to the County of Ventura during

their September 15, 2003 Board meeting in Sacramento;I

NOW, THEREFORE, BE IT RESOLVED that the Ventura County Board of Supervisors

takes the following actions:i

1. Adopt this resolution authorizing the EERD to accept, on behalf of the County of

Ventura, an award of $49,700 from the CIWMB under their FY 2003-04 ReuseI

Assistance Grant Program; and

2. Authorize the DJrector of the EERD to sign the signature page of the grantagreement; and

3. Authorize the Auditor Controller to process the accounting transactions required toI

adjust EERD's FY 2003-04 revenue and appropriation figures, as follows:I EERD-Organization 6160

INCREASE IntergovernmentalRevenue:$21,694

INCREASE Services andSupplies:$21,694

ADOPTED this 21st day of October 2003, by the Ventura County Board of Supervisors.

ATTEST:I

JOHN F. JOHNSTON

Clerk of the Board ofSupervisorsJUDYMIKELS, Chair

County of Ventura, State of CaliforniaBoard of Supervisors

I

By:

I Deputy Clerk of the Board

Attachment 1

J

STATE OF CALIFORNIA-ENVIRONMENTAL PROTECTION AGENCY CALIFORNIA iNTEGRATED WASTE MANAGEMENT BOARD

GRANT AGREEMENT

CIWMBIIO (NEW 10n6)

GRANT NUNBER

RU7-03-8

NAME OF GRAWf PROGRAN

2003J2004 Reuse Assistanos Grants

GRAhff RECIPIEhffS NAME

Ventura Coun

TAXPAYERS FFDERAL EMPLOYER IDEhffFIGATION NUMBER TOTAL GRANT AMOUhff NOT TO EXCEED

$49,700.00

TERM OF GRANT AGREEhtENT

FROh,: October 1,2003 To: Ma 1, 2005

THIS AGREEMENT is made and entered into on this Ist day of October,

20 03, by the Stiite of Califomia, acting through the Exeoutire Director of the

ICalifornia Integrated Waste Management Board (the "State) and Ventun Counh(the "GranteeJ. The State and the Grantee, in mutual consideration of the

promises made herein, agree as follows:

The Grantee agrees to perform the work discribed in the Work Plan and Budget attached hereto as Exhibit C.

IThe Grantee further agrees to abide by the provisions of the following exhibits attached hereto:

i Exhibit A: Terms & Conditions

Exhibit B: Procedures & Requirements

Exhibit C: Work Pkn and Budget

IExhibits A, B, and C attached hereto and the State approved application are incorporated by referenoe herein and made a part hereof.

The State agmes to Ound work done by Uie Graotee in aooordanoe witti this Agreement up to the Total Gnnt Amount Not to Exceed specified herein.

IN WITNESS WHEREOF, the parties hereto have exeauted this Agreement as of the dates entered below.

GRAtffEES NAh4E (PRIFF ORTYPE)

CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARDVentun Coun

SIGNATURE GRAhffEE'S SIGNATURE

DATE TTTLE DATE

Mark Leary, Exeoutive Diredor

Authorized re esmtative

GRANTEFS ADDRESS (INCLUDE STREET, CIW, STATEAHD ZIP CODE)

CERTIFICAOON OF FUNDING

Uhff ENCUMBERED BYTHIS PROGRAhl/CATEGORY(CODE AND TfnE) FUND OTLE

GREEMEtff

$49,700.002003/2004 Reuse Assistance Grants IWMA

(OPTIONAL USE)

PRIOR AMOUhff ENCUhlBEREO

FOR THIS AGREEMENT

-0- fffhl cnAPTER STATUTE FISCAL YEAR

OTAL AMOUhff ENCUMBERED TO 3910-001-0387 2003/2004157 2003

DATE BJECT OF EXPENDTTURE (CODE AND TmE)$49,70000

1000-l 5292-41 8.03

I hereby certify upon. my own personal knowledge that budgeted funds are available T.BA. NO. B.R. NO.

or the period and purppse of the expendihire stated above.s'G&f\\LRE OF ACCOUN IN FFICER DATE

&0\\1 q-\\1-s3

Attachment 2

PUBLIC WORKS AGENCYcourrtil afvanturaRONALD C. COONS

Agency Director


October 21,2003 Wm. Butch Britt, Director

Water Resources & Development DepartmentII John C. Crowley, DirectorI

Central Services DepartmentBoard of Supervisors Lane B. Holt, Director

County ofVenturaEnvironmental& Energy Resources Deparlment

IKay Martin, Director

i800 South Victoria Avenue

Watershed Protedion DistrictVentura, CA93009JeffPratt. Direclor

Engineering Services Department

Subject:BOND BOOK-FIFTH EDITION-REVISIONS Alec T. Pringle, Director

ALL SUPERVISORIAL DISTRICTS

RECOMMENDATIONS:

II

Receive and file.

IFISCAUMANDATE IMPACT:

There are no fiscal or mandate Jmpacts involved in the revisions.

DISCUSSION:

On September 9, 2003 your Board approved the Bond Book with revisions meeting yourdesire to make the language of the Surety Bond preamble gender neutral. In reviewingthe wording throughout the book, a number of other instances of non-gender neutral

I

wording within the language of the Surety Bonds were found. As a result the following

pages should also be modified and included in the published Bond Book: pages 4, D-1,

D-2, D-3, D-4, D-5, D-6, D-7, D-8, D-9, D-10, D-11 and D-12. Copies of these pages

are attached with the recommended language changes.I

If you have any questions concerning this item, please call the undersigned at 654-

2096.

I

j1

Alec T. PringleI

Director-Engine i Services Department

Attachments

Hall of Administration L # 1600 4800 S. Vicloria Ave, Ventura, CA 93009.(805) 654-2018. FAX (805) 654-3952.www.ventura.org/VCPWA

4. Accompanying Documentation-

Surety bonds must be accompanied by the

documents required by Code of Civil Procedure Section 995.660 (except as noted

below) which are:

t (a) The original, or a certified copy, of the unrevoked appointment, powerIi of attorney, bylaws, or other instrument entitling or authorizing the person

who executed the bond to do so.

(b) A certified copy of the certificate of authority of the insurer issued byI

I the Insurance Commissioner.

I (c) A certificate from the County Clerk of Ventura County that the

i

certificate of authority of the insurer has not been surrendered, revoked,

I

canceled, annulled, or suspended or, in the event that it has, that renewed

authority has been granted.

(d) A financial statement of the assets and liabilities of the insurer at the

end of the quarter calendar year prior to 30 days next preceding the date of

the execution of the bond. The financial statement shall be made by an

officer's certificate as defined in Section 173 of the Corporations Code. In

the case of a foreign insurer, the financial statement may, instead of an

officer's certificate, be verified by the oath of the principal officer or managerresiding within the United States.

I

NOTE to (a) above: If Surety's Attorney-ln-Fact has restrictive authority under his or her

Power of Attorney, bonds executed by him shail be within those limits. if the authority is

restricted to Small Business Administration guaranteed bonds, evidence shall be furnished

that the bond is so guaranteed.i

Exception ta required documentation: Bonds issued by a surety who is listed in the

latest version of U.S. Department of Treasury Circular 570, who is authorized to issue

bonds in California, and whose bonding limitation shown in said circular is sufficient to

provide bonds in the amount required by the Contract shall be deemed to be approvedwithout submission of the above listed documentation unless specifically rejected by the

Agency.

I5. Multiple Secuity Documents.

I

a) A required security may be in the form of more than one security documentI

which have an aggregate amount equal to the required security.

I

Ib) For land development projeds, when approved by the Director of Public

Works, separate bonds may be posted for portions of the work which are expectedI to be completed at intervals greater than about one year.i

6. Forms

a) Bid bonds shall be on ihe standard form of the corporate surety providing it

meets the requirements stated in the bidding documents.

I

b) All other bonds shall be on the standard forms contained herein (see Section

111-B). Suretyis standard forms will not be accepted. Forms shall not be modified by

surety.

Bond Book 4 09/09/03

i

APPENDIX D

SURETY BONDS Bond No.

PERFORMANCE AND PAYMENT

Whereas, the Board of Supervisors of the County of Ventura, State of California, hereinafter called "Agency", and

hereinafter

cal ed' nncipa ave entere rnto a contract whereby principal agrees to install and complete certain esignated work, which

said contract dated,

20,

and identified as project

(Spec. No.

) is hereby referred to and made a part hereof; and

Whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said

contract.

Now, therefore, we the principal and the undersigned, as corporate surety, are held and firmly bound unto Agency in the

penal sum of dollars

) lawful money of the United States, for the payment of which sum well and truly to be made, we bind($ourselves, our heirs, successors, executors and administrators, jotntly and severally, firmly by these presents

The condition of this obligation is such that if the above bounded principal, the principal's heirs, executors,

administrators, successors or assignsi shall in ail things stand to and abide by, and well and truly keep and perf?rm the

covenants, conditions, and provisions rn the said contract and any alteration thereof made as therein provided, on pnncipal'spart, to b kept and performed at the time and in the manner therei? specified, and in all respects according to their true intent

and meaning, and shall indemni and save harmless Aqency, its offic?rs, agents and employees, as therein stipulated, then this

abligation shall become nult and void; otherwise it shall 6e and remain in full force and effect.

And, whereas, under the terms of said contract, principal is required before enterino upon the perfrmance of the work,

to file a good ?nd sufficient payment bond with the Agency to secure the claims to wlich reference is made in Tttle 15

(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore> said principal and the undersigned, as corporate surety, are held firmly bound unto the lgency and alt

contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid contract

and referred to in the aforesaid Ctvil Code in the like sum of

sJem_

for materials furnrshed or labor thereon of any kid, or fordollaTamounts ue under th p oymen nsurance ct wl respect to such viork or labor, or for any amounts required to bededucted, withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and th? contractor'ssubcontractors pursuant to Section 18806 of the Revenue and Taxation Code, that said surety will pay the same in an amountnot exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, wili pay, in addition to the faceamount thereof, costs and reasonable expenses and fees including reasonable attorney's fees, to be awarded and fixed by thecourt, and to be taxed as costs and to be included in the judgment herein rendered

It is hereby expressly stipllated and agreed that this bond shall inure to the benefit of any ayd pll persons, companies

Iand corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 o Division 3 of the Civil Code,

Iso as to give a right of action to them or their assigns in any suit brought upon this bond

Should this condition of this bond be fully performed, then this obligation shall bscome null and void; otherwise, it shalibe and remain in full force and effect

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of saidcontract or the plans ?nd specifications accompanyi?g the same shall in ?ny manner affect its obligations on this bond, and itdoes hereby waive notice of any such change, extension, alteration or addition

In witness whereof, this instrument has been duly executed by the principal and surety above named

on,

20

ame O rinclpal

By

Title

ame of urety)

By

Attorney-in- actAddress

Cit State_

Zip

INDICATE COMPLETE ADDRESS OFTelephone No.

URETY TO WHICH

ORRESPONDENCE CONCERNING A-467/9-GHIS BOND SHOULD BE DIRECTED

Bond Book D-1 09/09103



Whereas, the Board of Supervisors of the Ventura County Watershed Protection District, State of California, hereinafter

called

"Agency", and

,hereinafter called "Principal" have entered into a contract whereby principal agrees to install and

complete certain designated work, which said contract dated,

20,

and identified as project

(Spec No. ) is hereby referred to and made a part hereof; and

Whereas, said principal is required underthe terms of said contract to furnish a bond for the faithful performance of said

contract.



) lawful money of the Unit?d States, for the payment of whjch sum well and truly to be made, we bind($ourseves, our eirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, the principal's heirs, executors,admmistrators, ?iccessors or as?igns, shall i all things stand to and bide by, and well and truly keep and p?rf?r the

covenants, conditions, and provisions rn the said contract and any alteration thereof made as therein provided, on lpnnlipalrspart, to b kept and performed ?t the time and tn the manner therein specified, and in al! respects accordjng to their true rnte?tand m?aning, and shall indemnify and save harmless Agency, its ofOc?rs agents and employees, as therein stipulated, then this

obligation shall become null and void; otherwise it shall be and remain iniuil force and effect

And, whereas, Inder the terms of said contract, principal is required before enterina upon the perfrmance of th worsto file a g_ood nd sufficient payment bond with the Agency to secure the claims to llch reference is made in Title 1

(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California

Now, therefore said principal and the undersigned, as corporate surety, are held firmly bound unto the Agency and all

contractors, subcontraciors, laborers, materialmen and other persons employed in the performance of the aforesaid contract

and referred to in the aforesaid Civil Code in the like sum of

rr) for materials furnished OFdollars ($a or ereono ay In

,

or oramounl ueun er e nemploymen nsurance c wl respect to such work or labor, or for

any amounts required to be deducted, wlthheld and paid over to the Franchise Tax Board from te wages of empl?vees of thecontractor and the contractor's subconractors pursuant to Section 18806 of the Revenle and Taatlon Code that said surety will

pay, in addition to the face amount thereof, costs and reasonable ?xpenses.and fees including

reasona;?ehi upon this bond, willpay the same in an amount not exceeding the amount hereinabove set forth, and also tn case suit is broattorney's fees, to be

awarded and fixed by the court, and to be taxed as costs and to be rncluded in the judgment herein rendered.

It is hereby xpressly stipllated and agreed that this bond shall inure tc the benefit of any a?d yll persons, c?paniesand corporations entitled to tile claims undr TEI? 15 (commelcing with Section. 3082) of Part 4 of Division 3 of the Civil Code,

so as to give a right of action to them or their assigns in any sui brought upon this bond.

Should this condition of this bond be fully performed, then this obltgation shall become null and void; otherwise, it shallbe and remain in full farce and effect.

The surety hereby stiRulat?s and agrees tat no change, extesion of time, alterati?n or ddition to th terms of saidcontract or the plans and speciOcations accompanyl?g the same shall rn any manner affect rts obllgations on thts bond, and itdoes hereby waive notice ot any such change, extension, alteration or addition.

IIn witness whereof, this instrument has been duly executed by the principal and surety above named

on,,

20

ame of Principa)

By

Title

I (Name of Surety)

By

ttorney-ln- actAddress

ci State_ Zip

INDICATE COMPLETE ADDRESS OFTelephone No

URETY TO WHICH

ORRESPONDENCE CONCERNING A-467/9-WPHIS BOND SHOULD BE DIRECTED

Bond Book D-2 09/09/03

1

SURETY BONDS Bond NoPERFORMANCE AND PAYMENT

Whereas, the Board of Supervisors of the

II State of California, hereinafter called "Agency", and

,

hereinafter called "Principal" have entered into a contract whereby principal agrees to

install and complete certain designated work, which said contract dated,

20,

and identified as

projectI

) is hereby referred to and made a part hereof; and(Spec No.

Whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of saidI

contract



,) lawful money of the United States, for the payment of which sum well and truly to be made, we bind($

OUFSe VOS, OUf elfSs SUCCessors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bonded principal, the principal's heirs, executors,

administrators, ?uccessors or as?igns, shall in all things stand to and abide by, and well and tqly keep and perform thecovenants, conditions, and provisions in the said contract and any alteration there?f made as therein p|ovided, on prinipai'spart, to b kept and performed at the time and in the manner therein specified, and in all respects according to their true tntentand m?aning, and shall indemni nd save harryless Aaency, its ofOc?rs agents and employees, as therein stipulated, then thisobligation shall become null and void; otherwise rt shall Se and remain tn

tull force and effect.

And, whereas, under the terms of said iontract, principal is required before entering upon the performance of the worsto file a g?od nd sufficient payment bond ,lth the Agency to secure the claims to rhich reference is made in Title 1(commencing with Section 3082) of Part 4 of Division 3 of the Givil Code of the State of California

Now, therefore said principal and the undersigned, as corporate surety, are held firmly bound unto the Agency and allcontractors, subcontraciors, laborers, materialmen and other persons employed in the performance of the aforesaid contract

and referred to in the aforesaid Civil Code in the like sum of

dollars ($) for materials furnished or labor

ereon o any m,

or or amouns ue un er e nemploymen nsuralce c wl respect to such work or labor, or for anyamounts required to be deducted, withheld and paid aver to the Franchise Tax Board from the. wages of empl?yees of thecontractor and the contrador's subcontyactors pursuant to Section 18806 of the Revenle and Tation Gode that said surety will

pay, in addition to the face amount thereof, costs and reasonable expenses and fees including

reasona;?ehiupon this bond, willpay the same in an amount not exceeding the amount hereinabove set forth, and also rn case suit is bro

attorney's fees, to beawarded and fixed by the court, and to be taxed as costs and to be inciuded in the judgment herein rendered

It is hereby ?xpressly stipylated and agreed that this bnd shall inur? to the benefit of any ad all persons, companiesand corporations entitled to fle claims und?r Titlq 15 (comme?cing with Section 3082) of Part 4 of Division 3 of the Civil Code,

so as to give a right of action to them or their assigns in any suit brought upon this bond

Should this condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shallbe and remain in full force and effect.

The surety hereby stiRIIat?s and agrees that no change, extension of time, alterati?n or ddition to th terms of saidcontract or the plans nd specifications accompanyig the sae shall in ny manner affect its obligations on this bond, and ttdoes hereby waive notice of any such change, extension, alteration or addition

on,,

20

Name o rincipal

By

Title

ame O ure y

ByAttorney-in- act

Address

cit State_

Zip

INDICATE COMPLETE ADDRESS OFTelephone No

SURETY TO WHICH

ORRESPONDENCE CONCERNING A-467/9-SDHIS BOND SHOULD BE DIRECTED

Bond Book D-3 09f09/03

BOND NO.

SURETY BOND

I GRADING PERMIT NO.

i

KNOW ALL PERSONS BY THESE PRESENTS: That

i as Principal, and the undersigned, as corporate surety, are held and firmly boundt

unto the County of Ventura, State of California as Obligee, in the sum of

I

i($ ) for which sum we bind ourselves, our heirs, executors,

I

administrators. successors, and assigns, jointly and severally by these presents.

The condition of the above obligation is such that:

WHEREAS, the Principal has made application for Grading Permit No. in order to perform

grading and excavation on the premises known as

,

and

WHEREAS, the Principal, as a condition to being granted said Permit, is legally obligated to comply with all terms

and conditions thereof.

NOW, THEREFORE, if the Principal shall fully comply with all terms and conditions of said Permit, then this

obligation shail be null and void; otherwise this obligation shall remain in full force and effect, and Surety shall cause

the terms and conditions of the said Permit to be fully performed or pay to the Obligee the cost of performing the

I terms and conditions of the said Perrnit in an amount not exceeding the said sum above specified, and shall also, in

case suit is brought upon this bond pay to Obligee court costs to be fixed by the Court.

The Surety does hereby consent to any and all alterations, extensions of time, or other modifications to the said

Permit, the performance of terms and conditions of which are secured by this bond.

Dated this day of,

20

i

Name of Principal

I ByI

Title

IName of Surety

By

Attorney-in-Fad

Address

I

City State_ Zip

I INDICATE COMPLETE ADDRESS OF SURETYelephone No.

O WHICH CORRESPONDENCE

I ONCERNING THIS BOND SHOULD BE DS-188llDJRECTED 11


1

BOND NO.

PERMIT NO.

SURETY BOND

WATERSHED PROTECTION ENCROACHMENT PERMIT

KNOW ALL PERSONS BY THESE PRESENTS: Th

as Principal, and the undersigned, as corporate surety, are held and firmly bound unto the Ventura County Flood

Control District, State of California, as Obligee, in the sum of

($) for which we bind ourselves, our heirs, executors,

I

administrators, successors, and assigns, jointly and severally by these presents.

The CONDITION of the above obligation is such that, Whereas the Principal has made application for a

Permit as provided in Ordinance No. WP-18; and Whereas the Principal, as a condition to being granted said Permit

is legally obligated to comply with all terms and conditions thereof to the satisfaction of the enforcing officer.

II

NOW THEREFORE, if the Principal shall fully comply with all terms and conditions of said Permit to theI satisfaction of the enforcing officer, then this obligation shall be null and void; otherwise this obligation shall remain

in full force and effect, and Surety shall cause the terms and conditions of the said Permit to be fully performed or

pay to Obligee the cost of performing the terms and conditions of the said Permit in the amount not exceeding the

said sum above specified, and shall also, in case suit is brought upon this bond, pay to Obligee court costs to be

fixed by the court.

IThe Surety does hereby consent to and waives notice on any and all changes, alterations, extensions of

time, additions, or other modification to the said Permit, the performance of terms and conditions of which are

secured by this bond.

Signed and sealed thisday of,

20I

I COUNTY CLERK STAMP REQUIRED

(Name of Principal)

IBy

Title

(Name of Surety)I

By

Attorney-in-Fact

Address

CityState Zip

INDICATE COMPLETE ADDRESS OF SURETYelephone No.


ONCERNING THIS 8OND SROULDBEA-473DIRECTED

BondBookD-S 09/09/03

1

BOND NO.

IPERMIT NO.

I

SURETY BOND

ROAD ENCROACHMENT PERMIT


as Principal, and the undersigned,

as corporate surety, are held and

firmly bound unto the County of Ventura, State of California, as Obligee, in the sum of

($ ) for which we bind ourselves, our heirs, executors,

administrators, successors, and assigns, jointly and severally by these presents.I

The CONDITION of the above obligation is such that, Whereas the Principal has made application for a

Permit as provided in Ventura County Ordinance Code 12221 et seq; and Whereas the Prtncipal, as a condition to

being granted said Permit is legally cbligated to comply with all terms and conditions thereof to the satisfaction of the

Ienforcing officer.

I NOW THEREFORE, if the Principal shall fully comply with all terms and conditions of said Permit to the

satisfaction of the enforcing officer, then this obligation shall be null and void; otherwise this obligation shall remain

Iin full force and effed, and Surety shall cause the terms and conditions of the said Permit io be fully performed or

pay to Obligee the cost of performing the terms and conditions of the said Permit in the amount not exceeding the

said sum above specified, and shall also, in case suit is brought upon this bond, pay to Obligee court costs to be

fixed by the court.

IThe Surety does hereby consent to and waives notice on any and all changes, alterations, extensions of

time, additions, or other modification to the said Permit, the performance of terms and conditions of which are

secured by this bond.

Signed and sealed this day of,

20

COUNTY CLERK STAMP REQUIRED

(Name of Principai)

I

By

I Title

II

(Name of Surety)

By

Attorney-in-Fact

Address

I Cit ae lp

INDICATE COMPLETE ADDRESS OF SURETY elephone No.


ONCERNING THIS BOND SHOULD BE TR-473DIRECTED.

Bond Book D-6 09f09/03

SURETY BONDS Bond No


IWHEREAS, the County of Ventura, State of Cal ifornia, and

,

hereinaner designated as "Principal", have entered into an agreement whereby Principal agrees to install

and complete certain designated public improvements, which said agreement,dated20

and identified asproject, is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said agreement, to furnish a bond for the faRhful performance of said agreement.

NOW THEREFORE, we the Principal and the undersigned, as corporate surety, are held and firmly bound unto the County of

Ventura, hereinafter called "Counw', in the penal sum of

Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be

made, we bind ourselves, our heirs, successors, executors and administrators, (ointly and severally, firmly by these presents

The condition of this obligation is such that if the above bounded Principal, the Principal's herrs, exectftors, administntors, successors or assigns. shall

in all things stand to and abide by, and well and truty keep and perform ttr covenants, conditions, and provisions in the said agreement and any aReration

thereof made as tterein provided, on Principafs part, ta be kept and performed at ttie time and in tt manner ttierein specified, and in ali respects

according to their true intent and meanire, and shall indemnify and save harmless Courrty, its omcers, agents and employees, as therein stipulated, ttieri

tiib ebligatian shal! become null and void; othernrise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor. there shall be included costs and reasonable expense

and fees incurred by County in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered.

And, whereas, under the terms of said agreements, Principal is requtred before entering upon the performance of the work, to file a good and sufficient

Ipayment bond with the County of Ventura to secure the claims to which reference is made in TRIe 15 (commencir wRh Section 3082) of Part 4 of

Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the understgned, as corporate surety, are held firmly bound unto the County of Ventura and all contractors,

subcontractors, laborers. materialmen and other persons employed in the performance of the aforesaid

agreement and referred to in the aforesaid Civil Code in the like sum of

Dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts

due under the Unemployrnent Insurance Act wRh respect to such work or labar. or for any arrmmts required to be deducted, wRhheld and paid over to the

Franchise Tax Board from the vtages of empbyees of the contractor and ttte contractots subcontractors pursuant to Section 18806 of the Revenue and

Taxation Code, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this

bond, will pay, in addition to ttte face amounl thereof, cosis and reasonable expenses and fees, including rsasonable attorneis fees. incuned by County

in successful enforcing such obligation, to be awarded and frxed by the Court, and to be taxed as costs and to be included in the ludgment therein

Irendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file

claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to ge a right of action to them or their assigns in

any suR brought upon this bond.

Should this condRion of th bond be fully performed. then this obligation shall become null and void; otherwise it shall be and remain in full force and

effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or to the work to be

performed thereunder or the specifications accompanying the same shall in any manner affect tts obligations on this bond, and R does hereby waive

notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specificatns.

In witness whereof, this instrument has been du executed by the Principal and Surety above namedon20

(Name of Principal)

By

Title

(Name of Sure)

By

Attorney-in-Fact

Address

Cit State Zip

INDICATE COMPLETE ADDRESS OF SURETYelephone No

O WHICH CORFESPONDENCE

ONCERNING THIS BOND SHOULD BEDS-181

DIRECTED

Bond Book D-7 09/09103

1

IBond No

SURETY BONDSPERFORMANCE AND PAYMENT

WHEREAS. the County of Ventura. State of Califomia, heretnafter designated as "County"

,

hereinafter destgnatid as" ", and

hereinafter designated as "Principal", have entered into an agreement whereby Principal agrees to

tnstall and complete certain designated public improvements, which said agreement, dated,

20,

and identifiedI

as project,

is hereby

referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement

I NOW THEREFORE, we the Principal and the undersigned, as corporate sure, are heid and firmly bound unto County, and in

1), lawfll money ?f the United States,the penal sum of Dollars($forthe payment o w lc sum we an tru to ma e, we rn ourseves, our eirs, successors, execu ors an administrators, Jointly and severatly,firm by these presents.

The co?dition af this obliga\\n is such that if the above bounded Pincipal, the Principal's heirs, executor?, admjnistratos, successors or assigns, shallin all thirgs stand to and abide by, and ell and truly keep and perform the covenants, onditi6?s, and Wovisions'? the id agreeent and any afterationthereof made as therein provi4ed, on Pnncipafs part, to be kept and performed at the time and in the manner therein specified, and m all respects

accordjng to their true irrtent and meaning, and shall indemnify and save harmlesl Countv, and and their-11-ad remain in futtrespectrve officers, agents and employees, as therein stipulated, then this obligation shali become nu a rol; ot erwise s a

force and effect.

As a part of the obligation cured hereby and in ?ddHion to the f?ce amount specified therefor, there shall be included costs and reasonable expenseand fees incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

AND, WHEREAS, under the terms of said agreement, Princtpa! is required before entering upon the performance of the work, lo fi a good and

sufficient paym?nt bond wRh the County and to sure the ciaims to which reference is made in Title 15fcommencmg wrth Sectton 3082) of Part 4 ofOK?rsion o t e Civil eo t e Sta e of California.

NOW, THEREFORE, said Principal and the undersned, as corporate surety, are held firm bound unto County, and

,

and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid

agreernent and referred to in the aforesaid Civil Code in the like sum of Dollars

isT) for rrtaterials fumished ?r labor thereon of any kind, or for amounts due under the Unemployment Insurance Act wRhrespect to such or a r, or for any amounts required to be deducted, withheld an4 paid over to ihe Franchi Tax Board fqm the waaes ofemployees of the contractor and lhe contracto(s subcntractors pursuant to Section 18806 of the Revenue and Taxation Code, that said surety will payttr same in an amount not exceeding the amount heremabov set forth, and also in case suH is broght upon this bond, will pay, in add0ion to. the faceamrrt thereof, costs and reasonabte esnses and fees, mcluding reasonable attornel? fees, incurred by aunty in successfuliy erlforcing suchobligation, to be awarded and Fixed by the urt, and to be taxed as costs and to be included in the judgment therem rendered

It is hereby eressly stipulated ?nd reed

gwrs Secthat this bond shall inur to the benefrt of pny and all persons, cor?panies, and corporations ent0led to file

iclaims under I itle 15 mmencm tion 3082) of Part 4 of Division 3 of the Civil Code, so as to give a nght of action to them or their assigns in

any suit brought upon his bond.

Should this condition of this bond be ful peiormed, then this obligation shall become null and void; othena~ise it shall be and remain in full force andeffect

The ?ure hereby stipulates and agrees that no change, extension of time, atteration or addition lo the terms of sajd agrment or the plans andspecifiations aompanyi?g the same shall in any manner affect Rs obligations on this bond, and ft does hereby waive notlce of any such change,extension, atteration or addrtion.

In wRness whereof, this instrument has been duly executed by the Principal and Surety above named on,

20

I

(Name of Principal)

By

Title

(Name of Surety)

By

Attorney-in-Fact

Address

Ci State Zip



ONCERNING THIS BOND SHOULD BEDS-181-2

DIRECTED


SURETY BOND Bond NO.IMPROVEMENT GUARANTEE

WHEREAS, the County of Ventura, State of California, and

designated as "Principal", have1

en ere rn o an agreemen w sre y nncipa agrees to rns all and complete certain designated

public improvements, which said agreement, dated 20_ and identified as

projectj

is hereby referred to and made a parthereof; an

WHEREAS, said Principal is required, under the terms af said agreeent, to furnish a bond

guaranteeing the replacement and repair of improvements contained in said agreement for a

period of one (1) year from the date of acceptance oO the improvements of Tract

NOW, THEREFORE, we the Principal and the undersigned, as corporate Surety, are held andfirmly bound unto the County of Ventura, hereinafter ialled "County", rn the penal sum of

Dollars ($ ), lawful money of the

rJ-iell nd triilsma e, we bind ourselves, ourn Ite ates or t e pavmen o w lcheirs, successors, execuiors, and administrators, jointly and severally, firmly by these presents.

Th9 conditions of this pbligation are such that if the above bounded Principal, the Prilcipal'sheirs, executors, administrators, successors or assigns, shall jn all things stand to and abide bsand well and truiy keep ?nd perform the covenants, conditions, an) provisions in the sal

agreement and any alteration thereof made as therein prolided, on Principal's part, to be keptan) performed at the time and in the manner therein specified, and in all respects according tothetr true intent and meayina., and shall indemnifgligation

shall become nuil aia void; othrwise itand save harmless Gounty tts officers agents

and employees, a? therein siipulated, then this oshall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees incurred by County Jnsuccessfully enforcing such obligation, all to be taxed as costs and included in any judgementrendered.

The surety hereby stipulated and agrees that no change, extension of time, alteration or ?dditionto the terms of the agreement or to the work to be p?rformed thereunder or the specificationsaccompanying the same shall in any manner ffect rts obligatiols on this bond, and it doeshereby waive notice of any such change, itension of time, aneratton or addition to the terms ofthe agreement or to the work or to the specifications.

Dated this day of,

20

COUNTY CLERK STAMP RECIUIRED

(Name of Principal)

By

Title

(Name of Surety)

By

Attorney-in-Fact

Address

C



ONCERNING THIS BOND SHOULD BEDS-185

DlflECTED

Bond Book D-9 09i09/03

1

BOND NO.

I SURETY BONDMONUMENTS

I


as Principal, and the undersigned, as corporate surety, are held and firmly bound unto the

County of Ventura, State of California as Obligee, in the sum of

($ ) for which sum we bind ourselves, our heirs,II executors, administrators, successors, and assigns, jointly and severally by these presents.

The condition of the above obligation is such that:II WHEREAS, the Principal is the owner of Ventura County Tract NO.which is subject toI

the requirement of having sufficient durable monuments to conform with the standards described

in California Business and Professions Code Section 8771; and

WHEREAS, the Principal is legally obligated to cause said monuments to be set; and

WHEREAS, the Principal, as a condition to filing a final subdivision map on said tract, is requiredpursuant to California Government Code Sections 66441 and 66498, inclusive, to execute a bond

guaranteeing payment to the registered civil engineer or licensed surveyor for the setting of these

monuments.

NOW, THEREFORE, i the Principal shall pay the registered civil engineer or licensed surveyorfor his or her services in setting the monuments for the above referenced tract, this obligation

shall be null and void; otherwise this obligation shall remain in full force and effect, and, upondemand by the Obligee, Surety shall pay to the Obligee the amount of this bond, and shall also,

in case suit is brought upon this bond, pay to Obligee court costs to be fixed by the Court.

Dated this day of,

20

CGUNTY CLERK STAMP REQUIRED

I

(Name of Principai)

I By

Title

I (Name of Surety)

By

Attorney-in-Fact

Address

C

INDICATE COMPLETE ADDRESS OF SURETYelephone No


ONCERNING THIS BOND SHOULDBEDS-186

DIRECTED.

Bond Book D-10 C9/09/03



WHEREAS, Ventura County Waterworks Distrrt No.,

County of Ventura, State of California hereinafter

called "District', and

hereinafter designated as "Principal", have entered into a contract whereby Princtpat agrees to install and completeII certatn designated public improvements, whh said contract, dated

,

20,

and identiOed as project

,

is hereby referred to and made a part hereof; and

WHEREAS, said principal is required under the terms of said contraot, to furnish a bond for the faithful peiormance of said contract.

INOW, THEREFORE, we the Principal and the unclersigned, as corporate surety, are held and firmly bound unto

"distrt", in the penai sum of

Dollars ($ ), lawful meney of the Un0ed States, for the payment of which sum well and truly to be made, we

bind ourselves, our heirs, successors, exutors and administrators, int and severally, ftrmly by these presents.

The condition of this obligation is such that if the above bounded Principal, the Principafs heirs, executors, administntors, successors or assigns, shall

I in all things stand to and abide by. and weil and truty keep and perform ttbe covenants, cond0ions, and provions in the said contract and any afteratn

thereof made as therein provided, on Principafs part, to be kept and performed at the time and in the manner therein specifad, and in all respectsaccording to their true interi aad meanirig, and shall indemnify and save harmless Dbtrid and their respedh~e officers, agents and employees, as therein

stipulated, then this obligation shall beoome null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to U)e face arrmmt specified therefore, there shall be irrluded costs and reasonab expenses

I and fees incurred by District in st~coessfully enforcing such oblation and, in the event District is ttr prevailing party in a separate suit brought againstPrincipal upon said contract, incurred by Distrt in such separate suft, all to be taxes as costs or ahnrded as darrages, as appropriate, and incklded in

any judgment rendered in a suR brought upon th bond

AND, WHEREAS, under the terms of said contnd, Principal ra|uired before entering upon the performance of the work, to file a good and suffvient

payrnerrt bond wRh the District to secure the claims to whh reference is made in TRle 15 (commencing with Section 3082) of Part 4 of Division 3 of the

Civii Code of the State of California

NOW THEREFORE, said Principal and the undersigned, as corporate surety, are held firmly bound unto the District and al! corinctors, subcontnctors,

laborers, materiaimen and ottpr persons empbyed in the perforrriance of the aforesaid contract and referred to in the aforesaid Cil Code in the like sum

of Dollars ($ ) for

materials furnished or labor ttereon of any kind or, for amounts due under the Unempbyment Insurance Act with resWt to such work or labor, or for

any amounts required to be &ducted, wRhteld and paid over to the Franchise Tax Board from ttie wages of emptoyees of the cor4ractor and lhe

Ioontractofs subcontractors pursuarrt to Section 18806 of the Revenue and Ta~otion Code, that said surety will pay the same in an amount not exceeding

the amount Iareinabove set forth, and also incase suit is brought upon this bond, will pay, in addftion to the face amount thereof, costs and reasonable

expensw and fees, including reasonable attorne,s fees, incurred by the District in successfuily enforcing such obligatn, to be awarded and fixed by the

court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressiy stipulated and agreed that this bond shall insure to the benefi of any and all perscms, companies, and corporations entRied to file

claims under TRIe 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in

any suR brought upon this bond.

Should this condRion of this bond be ful performed, then this obligation shall become null and void; othervirise it shall be and rernain in full force and

effect

The surety hereby stipulates and agrees that no change, extension of time, aReration or addRion to the terms of said contrad or the plans and

I specifications accompanyirg the same shali in any manner affect fts obligations on this bond, and R does hereby waive notice of any such change,

extension, aReration or addition.

In wRness whereof, this instrument has been duly exectrted by the principal and surety above named on 20

I

(Name of Principal)

By

Title

(Name of Surety)

BY

Attorney-in-Fact

Address

Ci State Zip



ONCERNtNG THIS BOND SHOULD BEA-467/9-WWC

DIRECTED

Bond Book D-11 09109/03

SURETY BOND Bond NO.I TMES


as Principal, and the undersigned, as corporate surety, are

held and firmly bound

I unto the County of Ventura, State of California as Obligee, in the sum of

I($ ) for which sum we bind ourselves, our heirs, executors,

administrators, successors, and assigns, jointly and severally by these presents.

The condition of the above obligation'is such that:I

WHEREAS, the Principal is the owner of Ventura County TractNO.which is

subject to a lien for taxes and/or special assessments collected as taxes which are not yet due

and payable; andI

WHEREAS, the Principal is legally obligated to pay said taxes and/or special assessments; and

WHEREAS, the Principal, as a condition to filing a final subdivision map on said tract, is required

pursuant to California Government Code Sections 66493 to execute a bond guaranteeingpayment of said taxes andfor special assessments.

NOW, THEREFORE, if the Principal shall pay all state, ccunty, municipal and local taxes and the

current installment of principal and interest of all special assessments collected as taxes, which at

the time the final map is recorded are a lien against the property, but which are not yet payable,then this abligation shall be null and void; otherwise this obligation shall remain in full force and

effect, and, upon demand by the Obligee, Surety shall pay to the Obligee the amount of this

bond, and shall also, in case suit is brought upon this bond, pay to Obligee court costs to be fixedI

by the Court.

Dated thisday of,

20I

COUNTY CLERK STAMP REQUIRED

(Name of Principal)I

By

I Title

I

(Name of Surety)

By

Attorney-in-Fact

Address

City State Zip

INDICATE COMPLETE ADDRESS OF SUREIYelephone No.


ONCERNING THIS BOND SHOULDBEA-468

DIRECTED.

Bond Book D-l 2 09/09/03

,.RESOURCEMANAG4ENTAGENCY*

Environmental Health Divisioncou.-,

-kl- -

van.uaaRobert Gallagher

Director

October 21,2003


County of Ventura


Ventura, CA 93009

SUBJECT: HAZARDOUS MATERIALS DISCHARGE REPORTS-PROPOSITION 65

IRECOMMENDATION:

That your Board receive and file the attached report.

DISCUSSION:

Attached is the Summary Report of the hazardous material discharge reports received

by the Resource Management Agency's Environmental Health Division (EHD) Orom

October 6, 2003 through October 12, 2003 on behaff of the Board of Supervisors.

The weekly summary report may also be accessed from EHD's home page atI

www ventura.orglenvhecilth. If you have any questions, please call Greg Smith at

(805) 654-2815.

4/44L~U"JtilLJ

ROBERT GALLAGHER, DIRECTOR

ENVIRONMENTAL HEALTH DIVISION

Attachment

Carroid/Prop65/PROPBOAR

800 South Victoria Avenue, Ventura, CA 93009-1730 (805) 654-2813 FAX (805) 654-2480Internet Web Site Address: www.ventura.org/envheaith

1

-r

Hezard6us Materiafs Diseherge Summary Report

For the Period 1 O/06f2003 Through 1 Of 1 2J2003

Date Reported ID LoeationMateriaVEst.Amoant

10}3J200397449 NORTH TAPO CANYON LEASE CRUDE OIL

PIRU7 GALLON(S)

10/6/200397454 6001 SOUTH PERKINS ROAD SEWAGE

OXNARD110 GALLON(S)

10r7/200397459 6001 SOUTH PERKINS ROAD SEWAGE

OXNARD4 GALLON(S)

IOr7/200397458 WELL TAYLOR 502 CRUDE OIL

VENTURA1 BARREL(S)

1 Of7/200397456 ARCANE STREET/GIBSON AVENUE GASOLINE

SIMIVALLEYUNKNOWN

IOrrJ200397453 15011 LOCKWOOD VALLEY ROAD PETOLEUM HYDROCARBONS

LOCKWOODVALUNKNOWN

10/9/200397464 322 10TH STREET SEWAGE

SANTAPAULA1070 GALLON(S)

IO/9/20fJ397462 SULFUR MTN RD./260 OAKVIEW AVE. OIL

OAKVIEW100 GALLON(S)

10/lO/200397465 6001 SOUTH PERKINS ROAD SEWAGE

OXNARD200 GALLON(S)

ti~t. :$ 4&.z-

-,,?i:;s siwtii4sl4 l fJaz $i

The locations of these releases are given by post office address whenever possible. These

addresses include city name, however,no detennination as to the location of the release

relative to the corporate boundaries of any city is intended.

i%s$54 .,iiu4&%s;%>

Monday, Oclober 13,2003Page1 of 1

t ii4-.-`i 1- i",s

i4,

4

\\,

I

, t

i

Easnitrtian

Ofirie iEaarh af &uparuiears ef lgenhira @auntg

lNHONOR OF

Mercy 4iri Sti 4nniversary inFJentiira County

f41XE%0SI, 9i,?rcy Air fiaJ 6eert a perrnittedatr ambufarice lervize tnqjentura Countyfer o~erfiie yean ac~iti tfteftnt mitiion

ff('z,rten tlsust 29, 1998; and

rnMEsaU,lzn,e

tfiat ttme, %ferty2ir ftaiffozl~t oYer2500 iours trawportin$patientl, dotton, nunf, andmedita[ipetiafty

teams ina,zdaround'F'entura County operatin8 a ser~i,e 24 fiours

aday, 7 days a

weetal~itfi tfie overa{foperatior'afreaitneis at 9i%; and

fWylESZU, totafpatietit miisw~u [own numieT over 13001 tn,fuiin$ 6urn, trauma, meditafandluryi,afemeyenriel, o6stetriL and

pediatri,caies

wfiifeffyinff patizrrts to andftom ei'enJ fiospita[alritfrin Ventura County; atid

WHOjOJ, itaffft~r Yv[erry Air inViintura County int[ude 5 nunel, two t~fwiiti fio[d nationafcertyi,atien in tfze ipeciaftij of

fffit tturstty, andiparamedics; aird

rnMrstau, afso staffinl Mercy 4ir arespifots ofwiom tfiree &ave 6eey reco$nized n'ith prestioul awcirdsfor tfiouiands of

fioun oflafef[yin$ iy tfle YlefiLepterAiiociation Iriternatienai. and

rfJMESEIS, e7Jery C&riitmiis, 9lercy lir 7iofunteers it ler7~i,e and&e[izopters to shutt(e lanta C[aiLI to af[ tie pediatri, wards in

fletttura County 6riniiwjoy to many iffanineely eiifire,i.

Yif0%WEI%f0%0 13% IrftEIOLFIJE& that t&e aoardoflupervisorsfor the County ofqJentura t&antandconiatil[ate Mercylirfc~r tieirfifti year anniz'ersary operatin$ in

FJentura County andproi~ilin$a

z'a(uaife puifiL iafetljrtt0UFCe

andffe finefor affCounhjrizidents.

Y4JI%0 19ii9l9OFPE9 6y tie qJentua Coutity Boardoflupervuori on tftii 21s' dtiy ofOcto6er, 2003.

AIR, VE ACOUNTY OARD OFSUPERVISORS

J Y ELS, SUPER EoR4THDT /,-L-STEVE BENHEIT, SUPERVISOR IsT DISTRICT UPERVISOR 2naDA PARK

KATHY I nG, SUPERVISOR 3RD R=T HN. FLYNN, SUPEFtVISOR STH DISTRICT

P. 02/02

OCTls2003 12: 16

Egsaiutianaf

sig Eaarh af kweruisors af lger&lrg @mitrtg

COVMtpfOF`lkP(l`iJQJ

Ifo9(oeJ

a3Jsaene&e&&$@@E

arbauyar& eg&g, &aicfornig

WHEREAS, Pinecrest Schoof in Thousuid Oab) California, has beeti hcaored by the U~S. Departmert offducatioo nith the National Blue Ribboii

award, and

VHEREAS, the National Biue Ribban award recogltizea and cdebrates the high achievements ofPinecrest School students, and

VHEREAS. thc success ofPiecrcst soit,lcnts reOocts thc fcu's emaoalinary cfforb to inspbc ail 9oudc&s with a love oflcami~& aiid io hclp them davelop

the pawer to rtaiize their yeaZest potantiilt aizd

VHEREAS, winning the Blue ribbon awatd as one ofthe top schools in the Unitad States demonstratesbow the Pinecrest S&ool colzlmuniry has

Pefected the fine art ofteamwork among parenti teachers, administratort, and students, and

10W TI&REFORE BE IT RESOLVED, thrt the Count ofVomwa Board of Supeivisors commcads the Pinecrest S,ihoof ofThousand Oaks

on the occasian ofreeeiving this well deseired recognftion.. Oa behalf ofthe citizeaa afVenhm Couaty, cowatulaiions on a job weH done,

PRESENTED THIS 23 DAY OF SEPTEMBE 2003I

#tbt afS - rs

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Sttvt Bcnnd Lkda Faiks

Stqisor 1" Dict ieavisor2 Distict

I.LJoba ILf? 3nDjaoS SnpeaYiaor $ihDsria

TOTQL P.02

cou ofvantura PUBLIC WORKS AGENCY

RONALD C. COONS

Agency Director


Wm. Butch Brin, Director

Water Resources & Oeveiopment Department

John C. Crowley, DirectorOctober21,2003Central

Services Department

Lane B. Holt, Director


Kay Martin, Director

Watershed Prolecfion DistridBoard ofSupervisorsJeffPra0. Director

County ofVenturaEngineeringServices Department

800 S. Victoria Avenue Alec T. Pringle, Director

Ventura, CA 93009

Subect:RECOMMENDATION TO MODIFY THE INTERSECTION OF

SANTA ROSA ROAD AND MOORPARK ROAD

SUPERVISORIAL DISTRICT NO. 2

Recommendation:

Direct the Public Works Agency (PWA) to remove "the No Right Turn on Red" restriction

at subject intersection, to modify the signal to install a right turn arrow, and make any

necessary related striping modifications.

FiscaU Mandates Imoact:

Mandatory: No [xx] Yes [] Cite Authority:

Source of Funding: Road Fund

Fundig Match Required: No

Impacts on Other Departments: None

Summarv of Revenue & Total Costs: FY 2003-2004 FY 2004-2005

Revenue O O

Costs

Direct 3,754 O

Indirect-

Dept. 223 O

IIndirect

-

County CAP 23 O

Total Costs 4,000 O

Net Road Fund Cost Including Indirects 4,000 O

Recovered Indirect Cost (Dept. & County CAP) OO

Appropriations are included in the FY 04 budget.

Hall of Administration L # 1600 4800 S. Victoria Ave, Ventura, CA 93009. (805) 654-2018. FAX (805) 654-3952. www.ventura.orgNCPWA


October 21, 2003

Page 2

Current Fiscal Year Budaet Projection:

Current FY 2003-04 Budget Projection for Road Fund


Budget Budget Budget Savings

Appropriatons 62,699,300 66,553,600 66,553,600 O

Revenue 41,605,400 41,605,400 41,605,400 O

Net Cost 21,093,900 24,948,200 24,948,200 O

Discussion:

On December 18, 2001, your Board directed the redesign of subject intersection to

eliminate a free right turn lane as originally designed by PWA, post the intersection with

a "No Right Turn on Red" restriction, and adjust the timing of the traffic signai at the

intersection to maximize traffic breaks on Santa Rosa Road.

The directed actions were implemented, and the signal at this intersection was installed

and activated on March 19, 2003.

Since implementation, the PWA has received a great many complaints from motorists

using the intersection. More than thirty written comments/ complaints about the current

configuration of the intersection have been received, in addition to those received verbally.

However, over buo hundred comments, which appear to be primarily from residents of the

Santa Rosa Valley, have also been received in favor of leaving the intersection as is.

Copies of all correspondence received are available in the PWA Transportation

Department and have been provided to all Board members.

On a regular basis, traffic has reportedly been backed up from the intersection all the wayto Tierra Rejada Road during peak hours, a distance of over one mile. PWA has verified

that lengthy backups do occur. Delays in excess of 20 minutes have been alleged by

some reports, although measurements by PWA showed average peak hour delays of

about 8-10 minutes. This is not to say that delays exceeding 20 minutes do not occur. In

any event, an 8-10 minute delay at any intersectionis considered highly undesirable, and

such an intersection would normally be a priority location for corrective action.

The volume of southbound left turn trafOc (into the City of Thousand Oaks) is substantially

less. However, left turning motorists are often backed up behind the other motorists

waRing to turn right. AddRionally a line of cars, waiting to make a right turn, ertends well

beyond the existing right turn lane, past the entrance to the Lexington Hills subdivision,

despite the presence of "keep clear" and regulatory signs. This causes difficulty for the

residents of Lexington Hills accessing this subdivision during peak hours.


October 21,2003

Page 3

The PWA measured peak hour volumes and average delay times (the key indicators) at

the intersection from September 16 to September 18, 2003. The level of service (LOS) of

the intersection during peak hours was calculated using both the Highway Capacity Manual

and Intersection Capacity Utilization methodologies. The current LOS at this intersection

for southbound right turn movements is LOS "F" during both AM and PM peak hours.

The local office of the California Highway Patrol (CHP) has advised that no traffic safety

benefit derives from the "No Right Turn on Red" restriction. They have advised that an

impact of the restriction is that it appears to be frustrating some drivers. This frustration

results in these drivers ignoring the posted restriction, driving off the pavement around the

intersection, or driving imprudently past the intersection and violating the restriction. Some

drivers have already created a "de facto" (and illegal) free right turn lane by using the

unpaved area to the side of the intersection to by-pass the signal and the "No Right Turn

on Red" restriction. The CHP's resources to enforce this restriction consistently are limited

by their significant duties and responsibilUies countywide, but they have and intend to

continue to issue citations for California Vehicle Code violations when observed.

Elimination of the "No Right Turn on Red" restriction, and modiOication of the signal to allow

a right turn for southbound traffic on Moorpark Road when east bound traffic on Santa

Rosa Road has a protected left turn (green arrow) will substantially improve the peak hour

operation and efficiency of the intersection. There should be a significant reduction in the

length of the waiting queues for southbound traffic. More importantly, these changes are

expected to result in improved safety, as they should reduce motorist frustration and

imprudent or illegal driving movements.

The signs establishing the restriction can be removed immediately. Modifications to the

traffic signals, and related traffic striping modifications, can be made within 4-6 weeks, at

a cost of approximately $4,000.

The recommendations comprise readily available and inexpensive modifications.

I However, your Board should be aware that additional changes to the intersection might berecommended in the future, if the queue lengths continue to increase, despite these

modifications. Approximately 93% of the southbound motorists at the intersection have

historically, and should continue, to turn right. Constructing a free right turn lane would

dramatically improve the operation at the intersection, but we are not recommending this

change at this time. Although we expect the efficiency of the intersection to improvesubstantially if our recommended action is approved, and that the level of frustration and

incidence of motorists driving on the unpaved portion of the shoulder will be reduced,

additional improvements to the intersection may be warranted in the future as traffic

volumes continue to grow consistent with the general population growth of the County.

As a reminder, your Board has traditionally been extr?mely responsive to the requests of

the Santa Rosa Valley. Since February 2002, your Board approved several projects on

I

I

iI


October 21, 2003

Page 4

Santa Rosa Road that were recommended by the Santa Rosa Valley Traffic Calming

Committee. These include a new traffic signal at Yucca Drive, road shoulder rumble strips,

additional centerline raised pavement markers, additional bus stop ahead signs, additional

no passing signs, designation of the entire length of Santa Rosa Road in the

unincorporated area as a no passing zone, modifications to the traffic signals at East Las

Posas Road and the entrance to Santa Rosa School (Vista Grande), and installation of

monument signs at each end of the valley. Many of these items have been completed, a

contract for the signal at Yucca Drive was awarded t,,o weeks ago, and work on the

remaining items is underway and should be completed within the year. This is a

commendable response by your Board in this era of significantly limited funds, and the

numerous other transportation needs throughout the County of Ventura.

This letter has been reviewed by the County Executive Office, the Auditor-Controller, and

County Counsel.

If you have questions regarding this item, please call the undersigned at (805) 654-2077.

6r.

WM. BUTCH BRITT

Director


a#73\\wbb-903.wpd:sa

III

I

a Rodriguez-RE: Traffic on Newly Designed Moorpark Road Page 1

From: i'Greg Horne" <[email protected]>To: <roberta.rod riguez@mai 1.co.ventura. ca.us>

Date: 10/1103 12:42PM

Subject: RE: Traffic on Newly Designed Moorpark Road

Roberta,

I am forwarding this to you for inclusion in the minutes of the 10/23/03

Ventura County Board of Supervisors meeting

that will discuss possible traffic light changes at the intersection of

Santa Rosa Road and Moorpark Road.

I will be unable to attend in person, however, hopefully this e-mail can be

read for better understanding of this situation.

An additional comment since my originally email was sent, is for the

traffic going West onto Santa Rosa Road to have a green turn arrow that

will be in synch with the traffic turning left from Santa Rosa road onto

Moorpark Road.

The below e-mail was also sent to Butch Britt.

Respectfully,

Greg Horne Sr.

805.582.9146

[email protected]

---Original Message

From: Greg Horne fmailto:[email protected]]Sent: Friday, September 05, 2003 10:40 AM

To: [email protected]; [email protected];[email protected]; Peter DeHaan; Ginger Gherardi; Kerry

Forsythe; Samia Maximous; Vic Kamhi

Cc: [email protected]; [email protected];[email protected]

Subject: TrafOc on Newly Designed Moorpark Road

Hello,

As a Simi Valley resident who must travel twice through the Tierra

Rejada, Moorpark Road, and Santa Rosa Road locations, boy what a traffic

nightmare this has become.

Question / Statement:

Why are right turns not permitted at these two intersections on Red

Lights?

The lane stripping during the last 1/2 mile heading towards Santa Rosa

Road as the road passes the estate homes is also a significant factor in

Roberta Rodriguez-RE: Traffic on Newly Designed Moorpark Road Page 2

this

bottleneck. Drivers do not know what to do when they see the right arrowonly. Many cars continue down the hill only to find out that they must

merge right. This is a problem as the cars are attempting to merge and

the drivers already in the lane feel that these cars are cutting in and

sometimes do not allow these cars in and this adds to the frustration of

having to take 20 minutes to go from Tierra Rejada Road to Santa Rosa

Road.

Also, the time cycle between green lights is 2-3 minutes. I've waited

as the only car at these lights, watching the lights go through a completecycle being unable to turn. Technology exists to make these

intersections smart traffic lights that have sensors that detect no traffic

for 10-15

seconds and then cycle to yellow then red. This allows cars to then

continue without having to sit for the complete cycle.

These conditions have caused tremendous daily traffic backups Jn this

area.

Some simple solutions are to permit right turns (on red and a greenarrow)from Moorpark Road onto Santa Rosa Road and modification to smart

lights.

On one occasion, there was a CHP officer directing traffic at Moorpark

Road and Santa Rosa Road trying to alleviate congestion backed up to

Tierra

Rejada in both directions.

Ventura County has spent a significant amount of taxpayer's dollars in

these areas to improve the traffic flow. My personal feelings are that

the traffic problems stll exist, and that during AM and PM peak periodsthe

congestion is far worse than before the new construction began.

Thank you for your time and hope this e-mail prompts new traffic

considerations at these intersections.II

i

I

Respectfully,

Greg Horne Sr.

805.582 9146

[email protected]

a Rodriguez-RE: Traffic on Newly Designed Moorpark Road Page 3

cc: <[email protected]>, <[email protected]>

I

i

II

I

I

I

I

11:00 A.M.

22. Closed Session-

It is the intention of the Ventura County Board of Supervisors to meet in closed

session to consider the following items at 11:00 a.m. or earlier based on Agenda progress:

(A) CONFERENCE WITH LABOR NEGOTIATIORS (Gov. Code, s 54957.6)

COUNTY DESIGNATED REPRESENTATIVES: John Nicoll, Thomas Womack

EMPLOYEES ORGANIZATIONS:

(1) Ventura County Professional Firefighters Association

(2) Service Employees International Union, Local 998

(B) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Gov. Code, & 54956.9)

PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (a):

NAMES OF CASES: (1) County of Ventura V. Channel Islands Marina, Inc., et al., Ventura

County Superior Court Case NO. CIV 219020; (2) Gregory D. To~en/City of Thousand

Oaks/Citizens for a Safe Ventura County, et al. V. Board of Supervisors of Ventura County,

Ventura County Superior Court Consolidated Case NO. CIV 220981 [CIV 221074;

CIV 222777]; (3) Genell Ann Whitlock V. Thomas Joseph Peterson, et al., Ventura County

Superior Court Case NO. CIV 212915

(C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code, & 54956.8)

PROPERTY: Channel Islands Marina, Oxnard, California

Parcels D, D-1, D-2, E, E-1, E-2, E-3

COUNTY NEGOTIATOR: Lyn Krieger, Director, Harbor Department

NEGOTIATING PARTIES: Almar Management, Inc./Randy Short; Bellport/Dick Stevens;

CIMBA LLC/Mark Graves; Channel Islands Boaters

Association/Ara Nersesyan; California Yacht Marina/Kevin

Ketchum; Kingman Hawkes International/Llew Werner, Scoft

Ramser; Vintage Marina/ Morrie Harrison, Brian Dunn

UNDER NEGOTIATION: Terms of Lease

courrJ d valhaaDEPARTMENTOFAIRPORTS

www.ventura.orglairports

555 Airport Way * Camarillo, CA 93010 * (805) 388-4274 * Fax: (805) 388-4366

October 14, 2003

i


i800 S. Victoria Avenue

I Ventura, CA 93009

Subiect: Freedom Transport, Inc. Experimental Aircraft Operations

at Oxnard Airport.

Recommendations

Staff recommends that your Board approve the request of Freedom Transport, Inc. to

operate an experimental aircraft, model "Experimental 300", for the purpose of

conducting research and development Oights from Oxnard Airport.

Fiscal/Mandates Impact

Mandatory: No

Source of Funding: N/A


Impact on Other Departments: None-No tmpact on General Fund

Summarv of Revenue and Total CostsCurrent Following

FY 2003/2004FY 2004/2005

Revenue* O $ O

Direct Costs: O O

Net County Cost O $ O

*.aircraft exempt from landing fees (under 12,500 pounds) and hangared by others

Current Fiscal Year Budaet Proiection

Current FY 2003-04 O eBud et Pro.ection for Oxnard Airratinort

Oro Level 7320 Adopted Adjusted Projected Estimated

Bud etBud et Bud et Savin s/Deficit

A ro riations 1,809,008 2,374,521 2,374,521 OIII Revenue 1,580,000 1,580,000 1,580,000 O

Net Cost* 229,008 794,521 794,521 O

* Retained earningslnet assets are sufficient to absorb net cost

I

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October 14, 2003

Page 2

Discussion

Ventura County Ordinance 4040 Section 6506-1 1 B "Experimental Aircraft" (airportordinance) states that "experimental aircraft classified as Research and Development

(R&D) by the Federal Aviation Administration will not be permitted to operate on the

airports without obtaining authorization from the Board of Supervisors."

Darius Sharifzadeh, the principal of Freedom Transport, Inc. (FTI), has requestedapproval to operate an R&D aircraft from Oxnard Airport. Mr. Sharifzadeh has been

designing and building a single-engine, four passenger turboprop aircraft for the

I business market, and first approached the Department of Airports in February 2003

regarding his plans for Oight testing. At that time, staff directed FTI to provide all

information required by the airport ordinance after receiving approval by the Federal

Aviation Administration (FAA) and prior to consideration of any Oight operations. On

September 16, 2003, Mr. Sharifzadeh received an Aiiworthiness Certificate and

"Experimental Operating Limitations: Research and Development" document (attached)from the FAA, which authorizes his operations under restricted conditions until

September 2004 or 100 Oight hours have been accomplished.

The airport ordinance requires that your Board be presented with the following specific

Iinformation:

i 1. Conditions foroperating and testina: outlined in FAA Experimental Operating

Limitations (attached).

2. Authorized area of Oight: a large area extending from the coast as far inland as

Tehachapi, west to the radio-navigational aid known as the Fellows VOR (RanchoMurieta) and over the ocean between the Gaviota and Ventura VORS.

The FAA limitations prohibit operations over "densely populated areas" (defined as

areas of a city, town, or settlement that contain large numbers of occupied homes,

stores, schools, etc.). County approval will require all takeoffs on Runway 25 (to the

west) and landings on Runway 7 (to the east) for the first 25 hours of Oight time

(standard requirement for amateur built experimental aircraft with certified engines

per 14 CFR Part 91.319(b) as applied by the FAA Manufacturing Inspection District

Office). These restrictions will keep operations from flying over the City of Oxnard,

and will limit Mr. Sharifzadeh's operations to those times when the winds are calm

enough to accept landings on Runway 7. The Oxnard airport control tower staff has

expressed their support to work with FTI with respect to the use of runway 7 for

landing.

3. Test pilot: Darius Sharifzadeh.

4. Pilot gualifications and exoerience: with approximately 10,000 Oight hours, Mr.

Sharifzadeh holds an airline transport pilot (ATP) rating with multi-engine and

1I


October 14, 2003

Page 3

II commercial privileges, and meets all FAA requirements for cuwency. He has also

piloted 3 previous maiden Oights of experimental R&D aircraft.

5 Insurance with county co-insured: current binder in place that meets insurance

requirements ($1M aircraft liability).

6 Special services reguired by staff: none.

Staff recommends your Board's approval for the operations based on FTI's having nowobtained the Airworthiness Certificate and Operating Plan from the FAA, which meets

the FAA's required level of safety for these operations.

The CEO, the Auditor-Controller and County Counsel have reviewed this item, and the

Aviation Advisory Commission recommended its approval. Because this letter will be

submitted prior to the Oxnard Airport Authority meeting of October 9, the authority's

recommendation will be reported to your Board when this item is considered. If youhave any questions regarding this item, please call me at 388-4200 or Todd McNamee

at 388=4201.

I lcvI

1./SCOff E. SMITH, AAEI

i

IDirector of Airports

I

chances/svr/docs/Board/Ff 10 14 03

i

I

fi

eUiDepatrml

Transport Airplane Directorateof TaanspationVan Nuys Manufacturing Inspection District Office

F~,htbn 7120 Hayvenhurst Ave., Suite 100A,hnMstratl Van Nuys, Califomia 91406-3823

EXPERIMENTAL OPERATING LIMITATIONS:

RESEARCH AND DEVELOPMENTI

MAKE: Freedom Transport Inc. MODEL: Experimental 300

SERIAL NO.: Exoerimental -01 REG. NO.: N303FT

I

I

THESE LIMITATIONS SHALL BE ACCESSIBLE TO THE PILOT

I

I

I

I This aircraft shall be operated in compliance with the following operating limitations:

1. No person may operate this aircraft unless FAA Form 8130-7 is displayed at the cabin or

cockpit entrance and visible to passengers or flightcrew members.

i

I2. No person may operate this aircraft for other than the puipose ofResearch and

IDevelopment to accomplish the flight operation outlined in the Freedom Transport Inc.

proyam letter dated July 24, 2003, which describes compliance with 14 CFR part 21 a21.193(d), and has been made available to the pilot in command of the aircraft. In

addition, this aircraft must be operated in accordance with applicable air traffic and

general operating rules of 14 CFR part 91, and all additional limitations herein prescribedunder the provisions of 14 CFR a 91.319(e).

3. This aircraft may only operate from Oxnard Airport (Oxnard, Califomia) and must be

co?ducted within the geographical area described as follows:

I

From VenturaVOR north to Fillmore VOR; Northeast to General Fox Field (WJF);i Northwest to Tehachapi (TSP); West to Fellows VOR; South to Gaviota VOR; andI

open ocean area south between the 180 radial of GaviotaVOR and the 160 radial ofi Ventura VOR.i

I

I The size ofthe area must be that required to safely conduct the anticipated maneuvers and

I tests. Unless authorized by air traffic control, this aircraft must not be operated over

densely populatedareas or in congested airways.

4. The pilot in command of this aircraft must notiy the air traffic contr61 of theI

experimental nature of this aircraft when operating into or out ofOxnard Airport

(Oxnard, Califomia). The pilot in command must plan routing that will avoid densely

populated areas and congested airways when operating VFR.

i

i

I

MAKE: Freedom Transport Inc. MODEL: Experimental 300

SERIAL NO.: Experimeatal-01 REG. NO.: N303Ff

5. The pilot in command ofthis aircraft must hold an appropriate category/class rating. The

pilot in command must hold either an appropriate type rating or a letter of authorization

issued by an FAA Flight Standards Operations Inspector.

II 6. This aircraft is to be operated under Visual Flight Rules (VFR), day only.

7. No person may operate this aircraft for carrying persons or property for compensation or

hire.

8. No person may be carried during flight unless that person is essential to the purpose of

the flight.

9. The pilot in command of this aircraft must advise each passenger ofthe experimental

I nature ofthis aircraft and explain it does not meet the certification requirements of aI

standard certificated aircraft.

io.This aircraft shall contain the placards, markings, etc., as required by 14 CFR a 91.9.

11. This aircraft is prohibited fom aerobatic flight, that is, an intentional maneuver involvingI

i an abrupt change in the aircraft's attitude, an abnormal attitude or abnormal accelerationI

not necessary for normal flight.I

I

12. The coyiizant FSDO must be notified, and its response received in writing, prior to flying

this aircraft after incorporation of a major change as defmed by 14 CFR a 21.93.

13. No person may operate this aircraft unless it has had a condition inspection performed in

I accordance with Freedom Transport Inc., Experimental 300 Airfame, Engine and

I Propeller Inspection Proy2m dated June 17, 2003, and was found to be in a condition for

safe operation. This inspection will be recorded in the aircraft maintenance.

14. Only FAA-certified mechanics with appropriate ratings as authorized by 14 CFR a 43.3

may perform inspections required by these limitations.

15. Inspections must be recorded in the aircraft maintenance records showing the followingi

Ior similarly worded statement: c~ I certiy this aircraft has been inspected on (insert date)

I

Iin accordance with Freedom Transport Inc., Experimental 300 Airfame, Engin and

Propeller Inspection Program dated June 17, 2003, and was found to be in a condition for

safe operation." The entry will include the aircraft's total time-in-service, and the name,I sigiature, certificate number and type of certificate held by the person performing the

inspection.

I

I 16. This aircraft must display the word c,ExpERIMENTALn in accordance with 14 CFR sI

I 45.23(b).iI

I

MAKE: Freedom Transoort Inc. MODEL: Experimental 300

SERIAL NO.: Exnerimental 01 REG. NO.: N303FT

17. This aircraft does not meet the requirements of the applicable, comprehensive, and detail

airworthiness code as provide by Annex 8 ofthe Intemational Civil Aviation

Organization (ICAO). The ownerloperator of this aircraft must obtain written permissionfom another country's Civil Aviation Authority (CAA) prior to operating this aircraft in

or over that country. That written permission must be camed aboard the aircraft together

with the U.S. Airworthiness Certificate and, upon request, be made available to an FAA

Inspector or the CAA in the country of operation.

18. Airciaft instruments and equipment installed and used under 14 CFR a 91.205 must be

inspected and maintained in accordance with the requirements of 14 CFR parts 43 and 91.

Any maintenance or inspection ofthis equipment must be recorded in the aircraft

i

maintenance records.

19. Application must be made to the Van Nuys FSDO or MIDO for any revision to these

operating limitations.

20. 14 CFR a 47.25 requires that the FAA Aircraft Registry must be notified within 30 days

of any change in the aircraft registrant's address. Such notificationis to be made by

submitting a Form 8050-l to AFS-750 in Oklahoma City.

LI

i SandyK-

am. _e Issued: September 16 2003

AviationSafelipector

(Mfg)NM-MID0-48 Expires: Seatember2 2004

OR

100 hours total time onaircraft whicheveroccurs

first

III

tUNITiDSTATES OF AMERICA

DEPARTMEWf OF TRANSPORTATION-FEDERAL AVIAT104 iDMINISTnATION

SPECIAL AIRWORTHiNESS CERTIFICATE

A CATFGORY,DESIGNATION

PURPOSE,.It,-.

BMANU-NAME

i FACTURER ADDRESS

FROMC nlG1-rrTO

DN-SERIALNO. Eiparimenta

BUltDERrt IIlc. MODEL E rilr*atll seo

DATE OFISSUt4CEEXPIRY 9nne44SeaOP mita ion

OPERATIMGtlMITATt014SDATED 9il6/2003ARE A PART OFTHIS CERTIFIGATEEi$ tAA"SEWFATm DES,GNATION OR OFFtCE nO.

4tft

nd ILNM-BOD0-48 ab,ama'. I./

ryation. repro4rtby or - d thb oed0kate be porthabh try a fine r& exoeedi $1.000orir~prbt rn etceedi 3

.

ur both. THIS CERTIFI TE h#tST BE DISPLAYED iN THE AIRCRAFf ~4AOOORn4NCEWnH APPLICABLE FEDERAL*AVIATION REGJLATh04S.

rFo 31-7f~a,a2)SEE 8EVERSE SIDE

II

I

I,-

I

I

I

Page lofl

Scott Smith-

Board letter

From: Dorothea Forde

To: Scott Smith

Date: 9/30/2003 12:00 PM

Subject: Boardletter

cc: Paul Derse

confiming receipt of draft letter for Oct 14

ne" a

Jrobably should be on Regular since this is not "routi nd may be controversial

u der "Fiscal Impact"

dd a footnote explaining why no revenue (exemption uider rates & fees)here will this aircnft be parked? (revenue from month to month tie-down or County-owned

ha

/ vli,,der "Discussion" note the expiration date/hours limitation approved by FAAt

/,,ne clarification for "densely populated area" (what's the threshold? who determines this?)f example: is the River Ridge area considered dense enough? can we get a map of the

ounty showing the prohibited areas?

I

I

I

file://C:\\Documents%2 Oand%20Settings\\Scott\\Local%2 OSettings\\Temp\\GW} 0000l.HTM9/30/2003

caun --4 Q.- van -ufaTed Myers, Agency Director

i



652-7525


Adult Services Department

October 21,2003 652-7654

I

Bruce Stenslie, Director


Dept


Linda Henderson, DirectorCounty of VenturaChildren & Family Services Dept

800 S. Victoria Avenue 652-7838

Ventura, CA 93009Kathi Strahi, Diredor

Transitional Assistance Dept

652-7662

SUBJECT: APPROVAL AND AUTHORIZATION TO SUBMIT AN APPLICATION TO

THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT

AUTHORITY TO SECURE LONG-TERM FINANCING UNDER CaLEASE

I IN THE AMOUNT OF $575,500 FOR CALWIN INFRASTRUCTURE IN

FISCAL YEAR 2003-04

RECOMMENDATION:

Approve and authorize the Human Services Agency to submit the aftached applicationI

to the California Statewide Communities Development Authority, California

CommunUies Lease Finance Program (CaLease) to secure a line of credit in the amount

of $575,500 for the Human Services Agency's purchase of hardware/software requiredto implement the mandated automation of the CaIWORKS Information NehNork

(CalWIN)

FISCAL/MANDATES IMPACT:

There is no fiscal/mandates impact at this time. Should the CaLease application be

approved, HSA will return to your Board for approval to accept the loan and to providefinancial details including any necessary budgetary adjustments at that time. It is

anticipated that there will be no net County cost resuUing from this action.

CURRENT FY 2003-04 Budget Projection for 5300 Human Service Agency Program

O erations


Budget Budget Budget (savings/oericit)

Appropriations 86,113,035 86,113,035 86,113,035

Revenue 81,915,677 81,915,677 81,915,677

Net Cost 4,197,358 4,197,358 4,197,358

Thoughfully transforming our worfd

I505 POLI STREET, VENTURA, CA 93001 (805) 652-7601 FAX (805) 652-7571

,4


October 21,2003

Page 2

DISCUSSION:

The purpose of this request is to secure debt financing from California Communities

Lease Finance Program (CaLease), in the amount of approximately $575,500. The

funds will be used to purchase hardware/software infrastructure required to implement

the mandated automation of the CaNVORKS Information Nevork (CafWIN).

Originally, the project was to be fully reimbursed in each year as expenditures were

incurred. However, federal guidelines now require that any capital expenditure be

reimbursed over a minimum of sixty months. This project meets the new federal

Irequirements. The borrowing will provide the upfront financing of the depreciated

equipment costs. This will insure that the infrastructure is in place prior to transitioning

to the new system. More importantly, it is highly probable that the cost of borrowing

including interest and some administrative eosts will be fully reimbursed. If the financial

resources are not secured this fiscal year, the County will be required to cover the full

cost of equipment without reimbursement. The CaLease application as well as the

proposed repayment schedule is aftached. Please note that the repayment plan is

higher than the amount borrowed, as the State will be reimbursing interest costs plus up

to 1% administrative fees. The State assumptions are for a 20% principal repaymentplus 60% interest, plus 1% administrative fees over the five-year period.

There is a potential risk to the County in the event that the CalWIN Budget is not fullyI

funded in any given fiscal year during the development and implementation phase of the

project. Currently the project is experiencing a re-evaluation of the project timeline and

rollout schedules due to two factors: (1) there is significant new regulatory change that

has increased the scope of the project, and thus additional programming and systemtesting within the application needs to occur before the Pilot Counties and Consortium

implementation can proceed, and (2) future fiscal year funding may be held at the

current fiscal year 03/04 baseline budget level, thus requiring extending the timeline for

Ounding and execution of specific project deliverables out further on the project horizon.

I

The State of California Budget Act of 1995-96 (Chapter 303) and AB67 of 1997

mandated that the California State Health and Human Services Data Center (HHSDC)in collaboration with the County Welfare Directors Association (GWDA) develop a

mu0iple consortium strategy to implement the automation of California County welfare

case management, reporting and benefit issuance systems. The resu0ing strategy was

an agreed-upon four consortium approach statewide. Each consortium worked to

develop a system to meet the state automation requirements.

In response to the State mandate, Ventura County will be replacing the current Welfare

Information Computation and Reporting System (WICAR) that runs on the County IBM

mainframe with the consortium-developed CalWIN system. The WICAR system hasI been in place since the early 1970's and is an old and archaic system. WICAR cannot

be retrofitted to meet new project standards, so is not a feasible alternative. In addition,

the transition to CalWIN complies with the countywide Information Technology (lT)


October 21,2003

Page 3

strategy to migrate applications off the IBM mainframe. The CaNVIN project received

Information Technology Commiftee (ITC) approval in November 1999 and Ventura

County Board of Supervisor approval in December 1999. In addition, the County's

Financial Planning Commiftee also provided approval.

The project began in 1999 and is expected to be completed by the end of fiscal year2007-08. The total consortium contract for 4 years of implementation activities and 5

years of maintenance is $471,581,024. Ventura County's share of the project cost is

based upon caseload methodology of 3.82% of the total consortium cost. Ventura

County's share of project costs before State and Federal funding offset over the 9-year

contractual period ending in FY 2007/2008 is $18,014,395. Actual county costs after

State and Federal Funding is applied total $1,014,866 over the life of the project.Because the purchase of equipment requires upfront investment, this is the only portionof the project where borrowing is the appropriate alternative. Given that it is anticipated

that the cost of financing will be fully reimbursed, this proposal provides a cost neutral

I

financing option.

Hardware and software maintenance costs are estimated to be about $105,000annually, and are included in the total estimated project costs. The new system will

require less ongoing maintenance than the existing product, resultng in an incremental

reduction for system support. Efficiencies gained from the new system are expected to

create a cost-neutral result in operations over time.

It should be noted that the County's Financial Planning Commiftee and the Informationi

Systems Department have reviewed this request and are in concurrence with the

recommended action. This letter has been reviewed by the County Executive Office,

the AudRor-Controller's Office, and County Counsel. If you have any questions, pleasecontact me at 652-?602 or Barry Zimmerman, Director, HSA Administrative Services

Department, at 652-7525.

Respecffully submifted,is,aJi~TED MYERS

Director

Attachments

G:\\Board letters\\CaWVIN Borrowing Letter br 10-03 rev br final.doc

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II

O&LIFQRNI&COMMUNITIES

CALEASE Application

APPLICANT INFORMATION

Date:gr\\hpr"lnnl

Coun:

Government Name: County of Ventura

Department Name. - Human Senices Agency

Street Address:505 Poli Street

City:State:(lA

Zip Code:?3011'rntura

_Title:

Fi%(al nrrifnrContact Name: Hen Solls

Signature on Documents: Henry SolisTRIe: Fiscal Officer

Telephone: (anl-lsgs- Fax Number: ( 8051 652-7519

Emaipenry.solis mail.co.ventura.Tax ID Number: 95-6000944

Insurance Provider:[3 Robert F. Driver [1 Self Insuredothcombination

erSeIfiaslil

Does your public agency plan to issue more than $10 million in debt during thePrivate olicy

current calendaryear?EJ Yes No

IPROJECT INFORMATION

i Equipment Description:

Equipment.

Cost:$ 575 500lJ New [J Refinance (seepage2)

Date of Equipment Acquisition: 12/03Anticipated Funding Date: 12/03

Preferred Finance Term:0 [J Years [3 Months

Prehrred PayrrrrrtScedu: n Monthly fJ Quarterfy [ Semi-Annual [1 Annual

Payments will be made:n Advance m Arrears

Building Description:tl/A

o New Construction Rehabilitation of Existing Bldg[]Refinance (see page 2)

Building Cost:

Preferred FinanceTerm:Years n Months

Pre&ned PayrreSchedu:o Monthly Quarterty n Semi-Annual [] Annual

Payments will be made:o Advance Arrears

f,,OFFICE OF THE DISTRICT ATTORNEYp6'0i\\vx J

a!County of Ventura, State of CaliforniaQy

i

Jt

dp

IMICHAEL K. FRAWLEY, Chief Deputy

I GREGORY D.TOTTENCriminalProsecutions

DistrictAttorneyJEFFREYG. BENNEIT, Chief Deputy

Special Prosecutions

I PATRICIA M. MURPHY R. THOMAS HARRIS

Chief Assistant DistrictAttorneySpecialAssistant District Attorney

GARY G. AUER, Chief

Bureau of Investigation

October 21, 2003II


County of Ventura


Ventura, CA 93009

Re:AUTHORIZATIONTO APPLY FORAND ACCEPT GRANT FUNDS FROM THE

NATIONAL WHITE COLLAR CRIME CENTER (4/STH VOTE) (Application and

Award on file with the Clerk of the Board)

RECOMMENDATION:


1.Rati the August 1 5, 2003, application ofthe District Attomey's Office and authorize that

Office to accept grant funds in the amount of$25,000 from the National White Collar Crime

Center.

2.Authorize the Auditor-Controller to process the accounting transactions necessary to

establish the following appropriations and unanticipated revenue (4/5 vote):

RICREASEDA, Revenue $25,000I

INCREASEDA, Services & Supplies $25,000

FISCAL/MANDATE IMPACT:

Mandatory:No

Authority:None

Source ofFunding:National White Collar Crime Center

Hallof Justice, 800South Victoria Ave., Ventura, CA 93009 www.ventura.org./vcda/ (805) 654-2500 Fax (805) 654-3850 e


County of Ventura

October 21, 2003

Page 2



Summary of Revenue/Costs:

FY 2003/04

Revenue: $25,000

Costs:

Direct: $25,000

Indirect-

Dept: Minimal

Indirect-

County Minimal

Total Costs: $25,000

Current FY 2003/2004 Budget Projection for DAO/ 3400:


Bud et Bud et Bud et Deficit/Savin s

A ro riations $28,773,347 $29,165,700 $30,640,400 $1,474,700

Revenue $11,565,281 $11,565,200 $11,457,000 $108,200

INet Cost $ 17,208,066 $17,600,500 $19,183,400 $ 1,582,900

I

The estimated deficit will be managed during FY2003/2004 through attrition (Public Safety

Transition Mitigation Plan) and funding reserved in the County General Fund-Special Accounts

and Contributions.

DISCUSSION:

I

The District Attomeyis Office is currently investigating a major securities investment/Ponzi scheme,

which involves more than 600 potential victims and an aggregate loss of more than 23 million

dollars. Due to time constraints and the application deadline, it was not possible to obtain advanceI Board approval to submit the grant application. The potential victims are spread across the United

States from Califomia to Florida. Our office successfully submitted an application to the National

White Collar Crime Center and received funding to be used to enhance the investigation and

prosecution of the case.

1

I

I

i


County ofVenturaI

II

October 21, 2003I

Page 3

II

I Our grant application was approved for reimbursement ofdirect expenses up to $25,000. The moneyI will pay for the following: (1) travel expenses associated with interviewing and assessing out-of-state

witnesses, (2) travel expenses for out-of-state witnesses required at trial, (3) travel expenses

associated with the service ofnumerous subpoena duces tecums on businesses located out-of-state,

and (4) preparation and production of trial exhibits. This funding is essential to the proper

investigative/prosecutorial function that will directly enhance the status and successful outcome of

this significant case.

The County Executive Office, County Counsel, and the Auditor-Controllerhave reviewed this item.

If you have any questions regarding this item, please contact Vinse Gilliam, Deputy Chief

Investigator, at (805) 477-1650 or Mel Chambers, Manager, Fiscal and Administrative Services, at

(805) 477-1677.

Very truly yours

&bGREGO

.

TOTTEN

District Attomey

I

GDT/dm

pc: John F. Johnston, County Executive OFFicer

Christine Cohen, Auditor-ControllerI Frank Sieh, County Counsel

K:\\SHAREDIADMJWORESS RZLEASES\\2003 PRESS RELEASESWAOONAIWHITECOLLARCRlhOIBOARDLETTERFY0304 #,iNAL)DOC

I

NATIONAL WHITE COLtAR CRIME CENTER

I

IVentura County District Attorney s Office Vinse J. Gilliam

I Requesting Agency (Print or Type) Agency Representative's Name (Print or Type)

Vinse J. Giliiam (805) 477-1650

Contact Person's Name (Print orType)Contact Phone Number (Print or Type)

NW3C Case Number (if assigned)

AII of the application must be completed

Each category where funding is requested MUST have a

complete and specific explanation attached.

Cateaorv Amount Reouested

FutidingAvailabili0

Investigative TravelAgenql reqaeslingfiLndsMUST eertifp

$AiT Farethat there is a laek ofgeneral operational

Iiodging fiLndiRg soiirees aRd iifeRtyi what$Meal Experzse alterRativefundirzg sources have been

Travel ExperLses Associatedwithpreviouslyconsidered Details offhe

Inferviews & Subpoena Service$ 10000allernative sourees miist be aHaehed fo

application.

EIWitness Travei (Victims)

$Air Fare

LDdgingVinse J. Gilliam

$ency RepresentativeName

Aieal Expense $1

IOuf ofStafe Witness Travel Expenses $ 10 000

t

0Preparation of Exhibits

Agency Rep entative Sigiature$

aExpert Witness Fees $ 10000 August 15, 2003

TiGRAND TOTAL $ 35 000

Action by Board of Directors

n Funding Approved Date ofAction Funding Amouit Approved $

n Funding Not Approved NW3C Case #

n Additional Information Requested

O Cnmments

RevisedMay 30, 2001

i Vinse Gilliam-

iase fundig pliy s z4- oc Page 1--

1

ii I

NW3C POLICYi CASE FUNDING

RevisedMay 2001I

f$

I. PURPOSE: p

?The purpose of case funding is to provide "limitecf financial assistance to NW3C designated icases to meet investathre and prosecutorial objectives which are beyond the capabil of theI

fmember agencies involved.

t

II. POLICY & PROCEDURE:

jt Case funding is availableon for activfties in desigruted oses. Member agencies requestingI i

funds must provide all required information to the Board of Diractors through the NW3C staff. IThe Board of Directors must approve all funding requests prbr to any expendRure being obligated ;

by the requesting agency.i

A. Fundire Request Guidelines

1. Funding stall be requested only when a case has been designated as a NW3C

case.

I

I2. Each member agency shall separately request funding for their activities in a

Idesignated case.

3. Fundirg requests shall be submifted only for funds that the member intends and

expects to utilize within the 90 daYs following the approval.i?

j4. Fundirg requests shall be made to the NW3C staff and must be received in I

writing 10 calendar days prbr to a regular meeGng of the Board of Directors.f

Requests may be faxed, but in all instances will be followed by a hard copy of the Ii

request sned by the Agency Representative.

5. Funding requests shall be completely and speciically set out in the application in

enough detail to determine the oost Ibenefit, including a case plan and well-

defined goals. I6. The Board of Directors action on requests (i.e., to fund, not fund, partially fund, or

i othenvise amend the request) shall be reported to the requesting agency in a timely

manner by teleptione or fax and followed up in writing.

7. If not funded, a member may revise and resubmit the request for funding at the next

meeting of the Board of Directors.

8. Approval of funding requests submitted within the last quarter (3 months) of a grantperiod may be subject to potential funding restrictions because of grant requirements.(Funds requested within the last quarter must be expended prior to the end of the i

grant period.) Upon approval, the requesting member will be nomed by NW3C staffiIof any applicable restrictions.

r

9. Case funding approval period begins immediately upon Board action andI

expires/termirlates 90 days from the first of the following month, or to the end of the

grant period, whichever is shorter.

B. Use of Funds

NW3C Policy Page 1Case Funding

Rev. 5-01

NATIONAL WHITE COLLAR CRIME CENTER

September 10, 2003

Deputy ChiefInvestigator Vinse Gilliam

Ventura County Distiict Attomey's Office (CA24)646 County Square Drive

Suite 200

Ventura, CA 93003

RE: NW3C Case #03-CA24-384-SF

Willingham Farms

Dear Mr. Gilliam:

This-letter notifies you that, at their meeting on September 9, 2003 theNW3C Board of Directors

approved your agency's request for case designation and case funding in the amount of

$25,000.00 for investigative travel, witness travel and exhibit preparation expenses.

This funding approval is valid through December 31, Z003. The last meeting of the Board

of Directors prior to expiration of this approval is scheduled for December 9, 2003.

Funding is contingent upon compliance with the current policy statement regardingI restitution monies: "The requesting agency commits that reimbursement to the NW3C of

the case ftipding monies received will be made from any restitution awarded in the case,

subordinated to restitution to victims."

yyour requestfor designation iricludedarequestfor analytical supportplease be advised that

heavy demapidfor these services is creating a moderate delayin assigning an analyst to support

your investigation. Cases will be priorit?zedjor service based on NW3Cpolicy andproeedure.

An NW3CEnforcementAnalyst will conlactyou as soon asyour case is assigned In order to

expedite your analysisplease have all documents andlor evidence readyfor shipment.

If you have any questians, please do not hesitate to contact me at (800) 221-4424, ext.383.

Sincerely,

RIOHARD L. JOHNSTON

IRECTOR

MichifJ.Angelilli

.Investigative Support Manager

7401 Beaufont Springs Drive-Suite 300. Richmond, VA 23225.(804) 323-3563. fax (804) 323-3566. (800) 221-4424

-

www-nw3corg

pl OFFICE OF THE DISTRICT ATTORNEY16'ti\\,% J

"il County of Ventura, State of California%%Mgi,&

tbll ryt

,.%ao ~ao

MICHAEL K. FRAWLEY, Chief Deputy

CREGORY D. TOTTENCriminal Prosecutions

District Attorney JEFFREY G. BENNETT, Chief Deput,,

Special Prosecutions

PATRICIA M. MURPHY R. THOMAS HARRIS

Chief Assistant District Attorney Special Assistant District Attorney

GARY G. AUER, Chief

Bureau of Investigation

October 21, 2003

i


County of Ventura


Ventura, CA 93009

Re: AUTHORIZATIONTO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE

STATE CONSUMERPROTECTIONPROSECUTIONTRUSTFUND (4/STH VOTE)(Application and Award on file with the Clerk of the Board)

I

RECOMMENDATION:

I


1. Ratiy the August 6, 2003, application ofthe District Attomey's Office and authorize that

Office to accept grant funds in the amount of $10,000 from the State Consumer Protection

Prosecution Trust Fund.

2. Authorize the Auditor-Controller to process the accounting transactions necessary to

I establish the following appropriations and unanticipated revenue (4/5 vote):

nlCKEASEDA, Revenue $10,000

INCREASEDA, Services & Supplies $10,000I

FISCAL/MANDATE IMPACT:

Mandatory: No

Authority: None

Source of Funding: Consumer Protection Prosecution Trust Fund

Hill of Justice, 800South Victoria Ave., Ventura, CA 93009 wwvi.ventura.org./vcda/ (805) 654-2500 Fax (805) 654-3850 e-


I

County of Ventura

October 21,2003

Page 2

Funding MatchRequired:None

Impact on Other Departments:None

Summary ofRevenue/Costs:FY 2003f04 FY 2004fO5

Revenue: $10,000 N/A

Costs:

Direct: $10,000 N/A

Indirect-Dept: Minimal N/A

Indirect-

CountyMinimal N/A

Total Costs: $10,000 N/AI

Cunent FY 2003/2004 Budget Projection for DAO/ 3400:I


Bud etBud et Bud et Deficit/Savins

A roriations $28,773,347$29,165,700 $30,640,400 $1,474,700

Revenue $11,565,281 $11,565,200 $11,457,000 $108,200

Net Cost $17,208,066 $17,600,500 $19,183,400 $1,582,900

The estimated deficit will be managed during FY2003/2004 through attrition (Public Safety

Transition Mitigation Plan) and funding reserved in the County General Fund-Special Accounts

and Contributions.

DISCUSSION:

This office applied for funds from the Consumer Protection Prosecution Trust Fund administered by

trustees ftom the Attomey General's Office, the Alameda County District Attomey's Office and

trustees from other consumer protection prosecutors' offices. Due to time constraints and the

application deadline, it was not possible to obtain advance Board approval to submit the grantapplication. These funds are to be used to enhance the investigation, prosecution and enforcement ofcivil consumer protection actions brought pwsuant to Business and Professions Code section 1 7200

et seq. (unfair competition) and for related consumer protection activities.

1


Counr ofVentura

October 21, 2003

Page 3

I Our grant application was approved fora total amount of $10,000. The money will pay for

consultation and trial costs for an expert relating to a pending investigation.

The County Executive Office, County Counsel, and the Auditor-Controllerhave reviewed this item.

If you have any questions regarding this item, please contact Mel Chambers, Manager, Fiscal and

1 Administrative Services, at (805) 477-1677.

Very truly yours,

I

GREGOD. TOTTEN

District Attomey

GDT/dm

pc-

John F. Johnston, County Executive Officer

Christine Cohen, Auditoi-Controller

Frank Sieh, County Counsel

K:\\SHAiiEDVLDMIN\\BOARDLETTERS0003BOARDLETTERS\\STATECONSUNERPROTECTIONBOARDLETTERpyo304y;INAL)Doc

Consumer Protection Prosecution Trust Fund

GRANT APPLICATION

(Law Enforcement Form)

Grants are awarded on a competitive basis. It is important to fill out all of the information requested by this grant application. The

grant funds can only be used to enhance the investigation, prosecution or enforcement of actions under Business and Professions code

section 17200 (unfair competition) or under criminal consumer protertion statutes. Grant funds must augment and not supplant

existing budgets.

Return original grant aoolication to.

Christopher Carpenter

Alameda County Distnct Attorneys Office

7677 Oakport Street, Suite 650

Oakland, CA 94621

Fax a copy of the grant application to.

Richard Michaels-

Trust Counsel Fax: (925) 469-9151

John Wilson-

San Mateo County Distrirt Attorney's Office Fax: (650) 363-4873

Robin Wakshull-

Santa Clara District Attorney's Office Fax: (408) 279-8742

Bill Newsome-

San Diego City Attorney's Office Fax: (619) 533-5504

Susan Henrichsen-

Office of the Attarney General Fax: (619) 645-2062

Qristo her Car nter-

Alameda Goun Disbict Attorne rs Office Fax: 510 569-0505

Name: ERI T %eyyerf-i Title:p rsTyrcT J4ryi /.,t

:e vk& COVNr aISTfr JrT0RNEyS erFI tEAgency/Office

Address: Y9Yf mfjw~f sr sur a (ka aty:VfNTUgA

Zip Code: cl2003

Phone Number: 8cr 8-

ciqr Fax Number: t&r 29q-/ 7-&

Amount Requested:$1O 00O-'

TlfeLJe Q&A ci/fe cl fl (;rnn-t /1 /, i4tlpl"

AGREEMENT and REPRESENTAYIONS

1. The funds will only be used for the purposes described in the application.2. The grant funds will be used to augment and not supplant the omce's existing budget. Grantee represenb that funds are not

available from othersources.

3. If the grant is for the purpose of litigation, any setOement will provide for fuli reimbursement of the amount of the grant to

the trust.

4. The trust shall be reimbursed before any settlement funds are used for any other purpose.5. The grantee will seek to recover all costs which are or may be authorized by la if grantee obtains a favorable judgment after

trial or appellate decision, and to reimburse the trust from such cost recovery, regardless of whether the grant funds were

used for costs which are recovenble under Code of Ovil Procedure section 1033.5 or any other provision of law, before anyI

money or other consideration received pursuant to the judgment or decision is used for any other purpose.6. The grantee represents that his/her office is auUiorized to accept grant funds under applicable law pertaining to its budget.

7. The grantee will notify the Trust Chairperson of litigation results, including any settlement, judgment or other resolution within

30 days of such settlement, judgment or other resolution.

8. The grantee wilt maintain sufOcient records for auditing purposes to subs4ntiate any expenditure.9. The grantee will cooperate with 0ie Trustees and their agents in providing all informabon and documenb concerning the use

of trust funds as the Trustees reasonably request.10. The grantee will comply with all additional requiremenb the Trustees impose.11. Approval of this grant application does not constitute trustee endorsemen is proJe.12. Unused or excess funds must be returned to ttie Trust within 60 days a er the conclusion of the inv tion, litigation, or

training session for which the grant was requested or within 60 days a r ei rc ase of non-case speci I oods or services.

Date:$bo

Signature of Authorized Delegate:

Revision Date: 03 13/03

1

,

October 6, 2003

Gregory W. Brose

Super\\ising Depu District Attomey

I Ventura County District Attomey's Office


Ventura, CA 93009

I

Re:Grant 422-S10 000 00

Dear Greg:

Per your agency's request, enclosed is a check in the amount of$10,000.00 for Eric's SunshineI

Fresh ProduceMillingham Farms securities case.

Thanks.

IBest personal regards,

i

Richard S. Michaels

Trust Counsel

Consumer Protection Prosecution Trust

Enc.

cc:Chris Carpenter

Robin Wakshull

I

I P.O. Sax 1856

Kings i3eacfi CA 96 J43

Phone: (5301 546-1070

fax; (5301 541089

Email: [email protected]

MEMBERS OF THE BOARD

JUDY MIKELS

Chair

STEVE BENNETT

LINDA PARKS

KATHY 1. LONG

JOHN K. FLYNN

STEVE BENNETT

SUPERVISOR, FIRST DISTRICT

(805) 654-2703

FM: (805) 654-2226

E-mail: [email protected] 21,2003

I

II

Board of SupervisorsI

County of Ventura

800 S. Victoria Ave.

Ventura 93009

SUBJECT: VCTC Board Reorganization

I RECOMMENDATION: Adopt aftached statement of Board position regarding reorganizationof the Ventura County Transportation Commission Board of Directors.

DISCUSSION:

Our Board had previously requested that AB 773 be made a two-year bill so that the Board of

Supervisors and county cities would have the opportunity to develop local consensus on the

important issue of representation on the Ventura County Transportation Commission (VCTC)board of directors. With the Governor's veto of AB 773, the county and cities now have theI

opportunity to again work together on reorganizing the VCTC board of directors to provide the

additional representation sought by cities.

I In order to provide VCTC with our starting point for this effort, I recommend that our Board

adopt a statement of positions on this issue. Accordingly, I have compiled the attached list to

capture themes from our previous discussions. In our adopting this list, we may wish to add

or delete position statements.

Cord ially,

I Steve Bennett

Supervisor, First District

I

BOARD OF SUPERVISORS

STATEMENT OF PRINCIPLES AND POSITIONSI

REGARDING REORGANIZATION OF THE VCTC BOARDi

1. The method of drafting proposed legislation regarding reorganization of the VCTC

board should be based on a process that anempts to build a local consensus.

2. The Board of Supervisors supports giving each of the ten cities a full seat on the

VCTC Board.

3. Because the Board of Supervisors represents the entire county and the county road

system functions to provide critical regional connections between cities, all five

Supervisors should have full seats on the Board.

4. Because all five Supervisors would be full members, there is no possibility for aSupervisor to serve as an alternate or replacement for a missing Supervisor. VCTC

members should be allowed to have an alternate serve for them in their absence but

this should not be for more than two meetings in any calendar year.5. Citizen members should be divided evenly between county-appointed and city-

appointed.

III

II

I

44 OF t MEMBERS OF THE BOARD%a -1,

i? ,, JUDY MIKELSt C

O -4%4

nChairElU

'r;

*

Ii

t

STEVE BENNETT

Jrf %,-'*

LINDA PARKSc\\ is@ 14'\\4

KATHY 1. LONG

,FOP JOHN K. FLYNN

STEVE BENNETT

BOARD OF SUPERVISORS SUPERVISOR, FIRSTDISTRICT

COUNTY OF VENTURA(805) 654-2703

FAX: (805) 654-2226

GOVERNMENT CENTER, HALL OF ADMINISTRATION E-mail: [email protected]

800 SOUTH VICTORIA AVENUE, VENTURA, CALIFORNIA 93009

October 21,2003


County of Ventura


Ventura, CA 93009

SUBJECT:

Revision of Future Elected Department Head's Retirement Benefit Formula Pertaining to

Annual Leave Accrual

RECOMMENDATION:

Direct the Chief Executive Officer to return to our Board within 60 days with the necessaryactions and documents to eliminate future Elected Officials' Supplemental Retirement Benefit

payments related to accrual of Annual Leave (exempting current office holders and

beneficiaries).

FISCAL IMPACT:

Estimated gross savings of $1-million over ten years after this policy applies to al! six elected

positions.

DISCUSSION:

The Board of Supervisors heard this ma~er under a previous Board. The change in Board

membership together with our recent vote to request the CEO analyze the annual leave

buyback issue warrant our consideration of this maffer at this time. If in fact our Board is

interested in addressing the fiscal impacts of annual leave policies on retirement costs, then

addressing the unique retirement benefit "perk" of the six elected department heads is an

appropriate place to start. We should start our vacation buy-back reform efforts at the top of

the organization.

I

The six elected department heads, Treasurer, District Attorney, Sheriff, County Clerk, Auditor,

and Assessor, enjoy a unique retirement benefit of an additional seven weeks of pay added

to their last year's salary retirement benefit calculation in-lieu of annual leave.

@f ,,,i F??,\\

-


October 21,2003

Page two

While we are examining whether non-elected department heads should receive vacation buy-

back benefits, we should recognize there is a large difference between elected and non-

elected department head's benefits related to vacation time. If a non-elected department

head takes time off, it reduces their accrued annual leave. Elected department heads are in

a different situation.

Elected department heads do not use Annual Leave when they take time off work.

Therefore, taking time off has no impact on their retirement benefits under the current county

policies. An elected department head could take a number of months off during their final

year of work and still have the full seven weeks of Annual Leave credit added to his/her

retirement benefit.

It is time to rectify this inconsistency so that future elected department heads do not have this

unnecessary boost of their retirement package as a vested right. This change must exemptcurrent incumbents and beneficiaries because this has become a vested benefit for them.

Cordially,

Steve Bennett K thylkngSupervisor, First District Superv r, Third istrict

III

I

I

li OF #MEMBERS OF THE BOARD%a, :i i. , JUDY MIKELS

Chairr#r1.

-

u i\\

*

-1 1 \\4 STEVE BENNETT

ti

It LINDAPARKS(\\ is 1,

1/F tt\\ KATHY 1. LONG

O JOHN K. FLYNN

STEVE BENNETTBOARD OF SUPERVISORS SUPERVISOR, FIRSTDISTRICT

COUNTY OF VENTURA(805) 654-2703

FAX: (805) 654-2226

GOVERNMENT CENTER, HALL OF ADMINISTRATION E-mail: [email protected] SOUTH VICTORIA AVENUE, VENTURA, CALIFORNIA 93009

October 21,2003


County of Ventura


Ventura 93009

SUBJECT: Appointment of Michael Brooks to the Oak View Local Recreation Commission

I RECOMMENDATION: Appoint Michael Brooks to fill an unexpired term on the Oak View

Local Recreation Commission

DISCUSSION:

The Oak View Recreation Commission conducted public advertising and public meetings to

recruit prospective applicants for a mid-term vacancy on the Commission. After this open

process, the Commissioners unanimously recommend the appointment of Mr. Michael

Brooks of 10650 Almond Ave., Oak View. Mr. Brooks has a long history of community

involvement in Oak View, including volunteering with the Liftle League. Mr. Brooks will make

an excellent addition to the Commission, and I wholeheartedly encourage his appointment.

Cordially,

Steve Bennett


I

@Rt r~to f

,

l;l',

li OF tMEMBERS OF THE BOARD

JUDY MIKELS

O? C

Chair1,"U >1 STEVE BENNETT*

%I LINDA PARKSilt

"r lo \\ KATHY I. LONG,i,F tt\\

OJOHN K. FLYWN

KATHY I. LONG

SUPERVISOR, THIRD DISTRICTBOARD OF SUPERVISORS(805) 654-2276

COUNTY OF VENTURA FAX :(805) 654-2226

GOVERNMENT CENTER, HALL OF ADMINISTRATION(800) 660-5474 EXT. 6542276

800 SOUTH VICTORIA AVEHUE, VENTURA, CALIFORNIA 93009E-mail: [email protected]

October 21, 2003


County of Ventura

800 SO. Victoria Avenue

Ventura, CA 93009I

Dear Board Members:

i

Subject: Appointment to Ventura County Mental Health Board

Recommendation:

It is my recommendation that Joyce Wilde be appointed to the Ventura County

Mental Health Board as a General Public Member. Ms Wilde resides at 750I

Terrace View Place, Port Hueneme, California 93041.


There is no fiscal impact associated with this action.

Discussion:

MS. Wilde is well qualified for the position and is committed to serving the County

of Ventura. I am pleased to ask for the Board's approval for this appointment.

ISinceF Iy

YI L NG

Supervi or Third District

i

1

&

1 i , %a MEMBERS OF THE BOARD

a JUDYMIKELS

Q;rri C&?0 Chair

U*4M

STEVE BENNETT

*1. LFNDA P4RKS% 4J*

a , \\KATHY I. LONG

liltRli JOHN K. FLYNN

KATHY I. LONG

SUPERVISOR, THIRD DISTRICTBOARD OF SUPERVISORS(805) 654-2276

COUNTY OF VENTURA FAX (805) 654-2226

GOVERHMENT CENTER, HALL OF ADMINISYRATION(800) 660-5474 EXT. 6542276

800 SOUTH VJCTORIA AVEHUE, VENTURA, CALIFORNIA 93009E-mail: [email protected]

October 21,2003


County of Ventura

800 So. Victoria Avenue

Ventura, CA 93009

Dear Board Members:

RECOMMENDATION

Recommend that the Board affirm its strong support through a resolution in support of

the California Coastal Conservancy to reserve funds for the purchase of additional acres

within Ormond Beach Wetlands.

DISCUSSION

Over three years ago this Board took action to support the purchase of the Ormond

Beach Wetlands by the Coastal Conservancy. As a result of that support, approximately265 acres were purchased in 2002. We have another opportunity for purchase in the

near future that will provide for public ownership of the largest coastal wetlands site in

Ventura County. Ormond Beach Wetlands have been identified in the State's Southern

California Wetlands Recovery Project as one of the critical wetland resources Jn

Southern California. The Coastal Conservancy Board will be meeting Thursday,

October 23ra in the Ventura City Hall Council Chambers at 10:30 a.m. to take action on

the reservation of funds. I intend to be present at that meeting to lend a strong voice of

support, reaffirming the strong commitment of Ventura County to hold Ormond Beach

Wetlands in public trust.I

A copy of the resolution is attached.

Since Iy

171G

Supervi r ird District

i

i1

@B

I A RESOLUTION OF THE VENTURA COUNTY BOARD OF SUPERVISORS

Supporting the California Coastal Conservancy's Reservation of Funds Towards Purchase of

Ormond Beach Wetlands

WHEREAS, for over two decades, the Ormond Beach Wetlands have been the focal point of

citzen preservation endeavors in support of restoration of the precious landscape and the

surrounding farm lands that would nourish the land and aquifers; and

WHEREAS, the Ormond Beach Wetlands, located in Ventura County along the southerly coastalI

landscape have been identified in the State's Southern California Wetlands Recovery Project as

one of the critical wetland resources in Southern California; and,

WHEREAS, in 2002, the California Coastal Conservancy took action to purchase 265 acres as a

first step toward the larger goal to preserve and restore approximately 750 acres; and

WHEREAS, citizen efforts coordinated through the Ormond Beach Task Force, the Ormond

Beach Observers, the Santa Barbara Channelkeepers, Environmental Defense Center of Ventura

County, numerous coastal watch organizations and several dedicated individuals have resulted in

one of the largest grassroots efforts in support of such a purchase; and

WHEREAS, the reservation of 23 million dollars of state funds would be set aside and designated

for the purchase of the land jointly owned by the City of Oxnard and the Metropolitan Water

District, and the property owned by Southland Sod as the next highest priority acquisition at

Ormond Beach; and

WHEREAS, without the financial support by the California Coastal Conservancy to purchaseadjoining lands from willing sellers who wish to participate in this important land conservation

program, other more lucrative land uses may be considered, thus threatening the overall viability

of wetlands area; and

WHEREAS, the integrity of the California Coastal Conservancy as the lead agency in the

planning, purchase and restoration of these coastal wetlands is highly desired to avoid and

prevent surrounding inappropriate industrial development and unsuitable growth to the area that

would be a threat to the very survival of the wetlands.

NOW THEREFORE, BE IT RESOLVED that Ventura County Board of Supervisors fully supportsand strongly encourages the California Coastal Conservancy in the purchase of Ormond Beach

Wetlands for the benefit of generations to come.

On motion ofSupervisor, seconded by

Supervisor, the foregoing Resolution was passed and

adopted on October 21,2003.

Chair, Board of Supervisors

ATTEST: JOHN F. JOHNSTON,

Clerk of Oie Board of Supervisors,

County ofVmtura, State of Calfomia

By:

Deputy Clerk of the Board

I

PUBLIC WORKS AGENCYcountil.. vantura

RONALD C. COONS

Agency Dtrector


Wm. Butch Brltt, Director

Water Resources & Development DepartmentOctober 14,2003JohnC. Crowiey, Director

Central Services Department

Lane B. Holt, Director

Environmental & Energy Resources Departmenl

Kay Martin, Director

Board ofSupervisorsWatershedProtection District

County of Ventura Jeff Pratt, Director

Engineering Services Department800 South VictoriaAvenueAlecT. Pringle, Director

Ventura, CA 93009

Subiect:MEMORANDUM OF UNDERSTANDING FOR BIODIESEL FUEL

RESEARCH, DEVELOPMENT, TESTING, EVALUATION AND

PROCUREMENT IN VENTURA COUNTY

Recommendations:

1. Approve the Memorandum of Understanding for Biodiesel Fuel Research,

Development, Testing, Evaluation and Procurement in Ventura County.

2. Authorize the Chair to sign the subject MOU on behalf of the Board.

3. Authorize the Chair, or the Chair's designee, to participate in a ceremonial

signing of the MOU at the Pt. Hueneme Navy Base on October 30, 2003.


Mandatorv: No

Source of Funding:Waste Management Fees

BudgetAction:None

Imoact on Other Departments:None

Summary of Revenue and Costs:FY 2003-2004 FY 2004-2005

Revenue: $4,784 $ O

Costs:

Direct $3,770 $ O

Indirect-Dept.$ 847 $ O

Indirect-CountyCAP$ 167 $ O

Total Costs: $ 4,784

i Net EERD Costs O $ O

Recovered IndirectCostsO $ O

Hall of Administration L # 1600e 43800 S. Victoria Ave, Ventura, CA 93009

o(805) 654-2018

"FAX (805) 654-3952

*www.ventura.orgNCPWA

Board of Supervisors 2

October 14, 2003

Current FY Budqet Proiections:

Current FY 2003-04 Bud et Pro"ection for EERD


Bud et Bud et Bud et Savin s

A ro riations 3,614,110 3,780,300 3,780,300 O

Revenue 2,194,300 2,194,300 2,194,300 O

Net Cost 1,419,810 1,586,000 1,586,000 O

All of the activities associated with the County's participation in this MOU fall

within the scope of existing programs of the Environmental and Energy

Resources Department's 2003-04 adopted budget. Specifically, identified costs

represent a portion of staff time already allocated to bioenergy programs.

Discussion:

On October 9, 2001, your Board adopted affirmative policies for bioenergy

development in the county. These included policies to pursue the siting of

biomass waste conversion facilities; develop beneficial bioenergy options for

agricultural operations and agricultural wastes; and to establish ties with other

agencies for local bioenergy research and development, and the procurement of

biobased products.

Over the past two years, the County has created a number of strategic

partnerships to implement these policies. On January 29, 2002, your Board

approved an MOU with the Gold Coast Innovation Center (GCIC) at the

California State University, Channel Islands for joint planning, technology

assessments, bioindustry support, and establishment of public and private sector

advocacy networks. And, on June 10, 2003, your Board approved County

participation with the United States Navy (Navy Facilities Engineering Service

Center, Port Hueneme), the National Park Service (Channel Islands), the Gold

Coast Innovation Center, and the Central Coast Biotechnology Center in the

formation of a new and expanded collaborative called the Channel Islands

Bioenergy and Bioproducts Consortium (CIB2C). The purpose of the CIB2C is to

facilitate the commercial and intergovernmental agency use of its members'

technology, expertise, and facilities to promote the development of bioenergy and

bioproducts in the greater Ventura County area.

The county's first such project, a biodiesel production facility at the Port

Hueneme Naval facility, is the focus of the subject new MOU. The purpose of

this MOU is to establish a collaborative relationship between the County, the

Navy, and the National Park Service to promote the research, development,

testing, evaluation, and production of biodiesel fuel projects in Ventura County,

and to participate in the testing of biodiesel fuel produced at the Naval facility at

Port Hueneme.

I


October 14, 2003

The MOU provides for the distribution of biodiesel fuel by the Navy to the County

and National Park Service. Specifically, the County is eligible under the terms of

this agreement to receive up to 20,000 gallons of biodiesel during the first year of

operations at no charge for testing in local fleets. Each of the parties is

responsible for record keeping and for the sharing of data and information on

i their use of the fuel in various applications.

A ribbon-cutting ceremony for the biodiesel facility will be held on October 30,

2003 at 2 p.m. at the Port Hueneme Navy base. At this same event, a

ceremonial signing of this MOU is also proposed, and Board representation and

aftendance is requested.

This matter has been reviewed by the offices of the County Executive, County

Counsel, and the Auditor-Controller. If you have any questions regarding this

item, please contact me at 289-3105.

VtLI rrbbtt

KAY MARTIN

Director, Environmental and Energy Resources Department

Attachment

t

MEMORANDUM OF UNDERSTANDING BETWEEN THE NAVAL FACILITIES

ENGINEERING SERVICE CENTER, THE COUNTY OF VENTURA, AND THE

CHANNEL ISLANDS NATIONAL PARK FOR BIODIESEL FUEL RESEARCH,

DEVELOPMENT, TESTING, EVALUATON AND PROCUREMENT IN VENTURA

COUNTY

This AGREEMENT is made this 30th day of October, 2003 and is entered into by and

between the Naval Facilities Engineering Service Center, at Port Hueneme Office of

Research and Technology Application of the Office of Naval Research of the United

States Navy (hereinafter referred to as "NFESC"), the County of Ventura, a political

subdivision of the State of California (hereinafter referred to as "COUNTY"), and the

Channel Islands National Park, of the National Park Service, a subdivision of the

Department of Interior, United States Government (hereinafter referred to as "CINP").

RECITALS

WHEREAS, NFESC, the COUNTY, and CINP support the development of clean,

reliable, economical, and renewable energy alternatives for the Navy, Ventura County

residents and businesses, and the Offshore Islands; and

WHEREAS, NFESC, the COUNTY, and CINP want to partner with other local

agencies for BIODIESEL fuel research, development, testing, evaluation, and

procurement, and;

WHEREAS, the NFESC as a component of the Department of Defense (DoD) is

required to promote the sharing of technical knowledge, expertise, facilities, equipment,

and other resources for application to both military and nonmilitary systems, including

activities demonstrating the commercial viability of DoD technologies, dual-use science

and technology development, and the demonstration of the potential DoD uses of non-

DoD developed new and innovative technologies; and

WHEREAS, the NFESC has the mission, capacity, expertise, and facilities to

develop, test, and apply technology in the area of BIODIESEL fuel; and

WHEREAS, the CINP is directed by federal law and Executive Orders to develop

and maintain as part of their mission and duties in preserving and protecting the

National Parks of the United States the use and application of bioenergy and

bioproducts, including BIODIESEL fuel; and

WHEREAS, the County desires to optimize opportunities for diverting waste from

treatment and disposal facilities, and the creation of new, sustainable markets for these

materials pursuant to State mandates and in its role as administrator of the Ventura

County Recycling Market Development Zone; and

WHEREAS, the County has adopted affirmative policies to explore and evaluate

opportunities for the procurement and use of renewable bioenergy and bioproducts,

including BIODIESEL fuel; and

WHEREAS, NFESC, the COUNTY, and the CINP would mutually benefit from

Icooperative and collaborative efforts in local BIODIESEL fuel research, development,

testing, evaluation, and production.

NOW, THEREFORE, NFESC, the COUNTY, and the CINP agree as follows, and

enter into this MEMORANDUM OF UNDERSTANDING (hereafter refewed to as

"MOU"):

ARTICLE 1

DEFINITIONSI

The following definitions shall apply to this MOU:

I

1.1 ANNIVERSARY DATE shall mean the date this MOU was signed and executed

by NFESC, the COUNTY, and CINP.

2

1.2 BIODIESEL shall mean a nontoxic, biodegradable fuel made from organic fats

I and oils and serves as a replacement, substitute and enhancer for petroleum

diesel, and which meets the ASTM 6751 standard.

1.3 BOARD shall mean the Board of Supervisors of the COUNIY.

I

1.4 CHAIR shall mean the Chair of the County Board of Supervisors.

i

1.5 CINP shall mean the Channel Islands National Park, with offices located in

Ventura, CA and the supporting Offshore Islands.

1.6 COMMANDING OFFICER shall mean the Commanding Officer of Naval

Facilities Engineering Service Center at Port Hueneme, CA.

1.7 COUNTY shall mean the County of Ventura, a political subdivision of the State of

California.

1.8 NBVC shall mean the Navy Base Ventura County-United States Navy facilities

at Point Mugu, CA and Port Hueneme, CA.

1.9 NFESC shall mean Naval Facilities Engineering Service Center-United States

Navy facilities at Port Hueneme, CA.

1.10 PARTIES shall mean NFESC, COUNTY, and CINP.

1.11 SUPERINTENDENT shall mean the person in charge of the Channel Islands

National Park.

3

t

ARTICLE 2

PURPOSE, TERM, TERMINATION AND AMENDMENTS

The purpose of this MOU is to establish a collaborative relationship between the

PARTIES with regard to activities that promote the research, development, testing,

evaluation and production of BIODIESEL fuel projects in Ventura County, and to

participate in the promotion and testing of BIODIESEL fuel produced at the NBVC.

Additional activities may include, without limitation, and by mutual agreement, reports

on using the fuel that NFESC distributes to the PARTIES, feedstock, process and

technology assessments, data base development, grant writing, market analyses, public

education, and cross-media permitting.

The term of this MOU shall commence on the day and date wriften above, and shall be

effective for one year following this commencement date. The MOU shall renew

automatically for an additional year on each ANNIVERSARY DATE of this MOU unless

any PARTY provides written notice of cancellation no later than thirty (30) days prior to

the ANNIVERSARY DATE. This provision notwithstanding, NFESC, the COUNTY, or

the CINP, may terminate this MOU at any time by providing written notice of termination

to the other at least ninety (90) days prior to termination.

Any substantive amendment, modification, extension, or variation of terms of the MOU

shall be in writing and shall be effective only upon written approval by the authorized

representatives of NFESC, the COUN7Y, and the CINP.

ARTICLE 3

RESPONSIBILITIES OF THE PARTIES

INFESC will provide a location for the making of the BIODIESEL fuel. NFESC will

perform the quality assurance testing on the fuel produced and make recommendations

4

on improving the production process and storage, and help to design new equipment,

and provide software support when possible.

The COUNTY shall assist in waste feedstock identification and procurement for the

production process, interagency liaison, permitting assistance, and public education and

outreach.

NFESC will provide (F.O.B. NFESC contractor location at NBVC) to the County 2% and

to CINP 2% (with a maximum of 20,000 gallons and a minimum of 5,000 gallons) of

BIODIESEL fuel produced by its contractor at NBVC during the first year of the MOU.

All PARTIES will cooperate to ensure smooth and efficient delivery of BIODIESEL eUher

directly or via third party shippers. Each of the PARTIES is responsible for mutually

agreed upon record keeping, sharing data and information on their use of the

BIODIESEL fuel in various applications.

i The Parties shall identify and actively pursue areas of common interest and activities ofI

Imutual benefit relating to the development of BIODIESEL fuel projects. To this end, the

PARTIES shall meet and confer, engage in joint strategic planning, conduct research,

development, testing and evaluation, and promote public and private sector advocacy

networks. Each of the PARTIES shall designate a point of contact for this purpose.

IARTICLE 4

ADMINISTRATION AND FUNDING

I This MOU shall be administered by NFESC, and activities hereunder shall be regardedI

as in-kind services independently funded by and performed at the discretion of the

PARTIES. This notwithstanding, it is the intent of the PARTIES to jointly pursue

additional sources of public and private funding for activities performed under this MOU.

If such additional funds are secured, their distribution among PARTIES shall be

determined by separate agreement. Similarly, nothing in this MOU precludes the

5

PARTIES from entering into subsequent agreements with one another for contract

services.

ARTICLE 5

MISCELLANEOUS PROVISIONS

5.1 APPROVAL BY PARTIES: This MOU and any amendments thereto shall not be

binding on NFESC unless approved by the COMMANDING OFFICER of NFESC,

on the COUNTY unless approved by the BOARD, and on the CINP unless

approved by the SUPERINTENDENT.

5.2 COMPLETE AGREEMENT: This MOU constitutes the entire agreement between

NFESC, the COUNTY, and the CINP. No prior oral or wriffen understandings or

agreements between the PARTIES with respect to the subject matter of this MOU

are incorporated herein and any such understandings or agreements are entirely

superseded by this MOU.

5.3 AMENDMENTS: This MOU may not be amended without a wriften amendment

approved by NFESC, as evidenced approved by the signature of the

COMMANDING OFFICER, approved by the COUNTY as evidenced by the

signature of the CHAIR, and by the CINP, as evidenced by the signature of the

SUPERINTENDENT.

5.4 INTERPRETATION: This MOU shall be interpreted and construed reasonably and

neither for nor against any of the PARTIES, regardless of the degree to which any

of the PARTIES participated in its drafting.

5.5 SEVERABILIIW: If any term, prevision, covenant, ar condition of this MOU is

determined by a court of competent jurisdiction to be invalid, void or unenforceable,

the rest of the MOU shall remain in full force and effect and shall in no way be

affected, impaired or invalidated.

6

i 5.6 INDEPENDENT CONTRACTORS: It is agreed that the PARTIES are and at all

times shall be independent contractors of,

and not the agent of the other.

I

5.7 GOVERNING LAW: This MOU shall be governed by and construed in accordance

I

with the laws of the State of California.

5.8 NONDISCRIMINATION: In the performance of this MOU, the PARTIES shall abide

by all applicable federal, state and local laws, regulations, or ordinances pertaining

to discrimination and shall not discriminate against any person, customer, servant or

employee on account oO race, sex, age, color, religion or national origin.

5.9 INTELLECTUAL PROPERTY: By entering into this MOU no party is deemed to be

transferring any intellectual property rights, including but not limited to proprietary

information, patents and trademarks. Each PARTY shall respect the intellectual

property rights of the others, and shall not disclose any confidential information

without the prior written consent of the PARTY that has developed the confidential

information. Any intellectual property developed as the result of this MOU shall be

the exclusive property of NFESC.

5.10 NOTICES: All notices or correspondence under this MOU shall be given to the

following addresses and shall be deemed delivered on the date of actual delivery or

on the third business day after the date of mailing.

NFESC:

Office of Research & Technology Applications

NFESC, Code ESC423

1100 23ra Avenue

Port Hueneme, CA 93043-4370

7

COUNTY:

Director, Environmental & Energy Resources Department

COUNW OF VENTURA

1000 Hill Road, Suite 100I

IVentura, CA 93003

CINP:I

Kent E. Bullard

NATIONAL PARK SERVICE

CHANNEL ISLANDS NATIONAL PARK

1901 Spinnaker Drive

Ventura, CA 93001

IN WITNESS WHEREOF, the PARTIES have executed this MOU on the dates

indicated below.

Navy Organization: Naval Facilities Engineering Service Center

Date

By: W. J. BEARY

Captain, CEC, U.S. Navy

Commanding Officer

County of Ventura

Date

By: JUDY MIKELS, Chair


III

I8

I

National Park Service: Channel Islands National Park

Date

By: RUSSELL GALIPEAU, JR., Superintendent

I

i

I

9

countil ofvantura PUBLIC WORKS AGENCY

RONALD C. COONS

Agency Director


Wm. Butch Bri0, DirectorOctober 14,2003Water

Resources & Development Department

John C. Crowley, Oirector

Central Services Department

Lane B. HOIt, Diredor

Environmental & Energy Resources DepartmentBoard of SupervisorsKay Martin, Director

County oOVenturaWatershedProtection Dtstrict

800 South Victoria Avenue Jeff Pratt, Director

Engineering Services DepartmentVentura, CA93009AlecT. Pringle, Director

Subiect:MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE

ACTIVITIES RELATED TO THE RESEARCH, DEVELOPMENT,

TESTING, EVALUATION AND PROCUREMENT OF BIOBASED

PRODUCTS

Recommendations:

1. Approve the Memorandum of Understanding for Cooperative Activities

Related to the Research, Development, Testing, Evaluation and

Procurement of Biobased Products.

2. Authorize the Chair to sign the subject MOU on behalf of the Board.

3. Authorize the Chair, or the Chair's designee, to participate in a ceremonial

signing of the MOU at the Pt. Hueneme Navy Base on October 30, 2003.


Mandatorv: No

Source ofFundino:Waste Management Fees

BudgetAction:None

Imoact on Other Deaartments:None

Summary of Revenue and Costs:FY 2003-2004 FY 2004-2005

Revenue: $7,655 $ O

Costs:

Direct $6,032 $ O

Indirect-Dept.$1,355 $ O

Indirect-CountyCAP$ 268 $ O

Total Costs: $7,655

INet EERD Costs O $ O

Recovered IndirectCostsO $ O

Hall of Administration L # 1600e 4800 S. Victoria Ave, Ventura, CA 93009,(805) 654-2018

"FAX (805) 654-3952

"www.ventura.org/VCPWA


October 14, 2003

Current FY Budaet Proiections:

Current FY 2003-04 Bud et Pro"ection for EERD


Bud et Bud et Bud et Savin sI A ro riations 3,614,110 3,780,300 3,780,300 O

Revenue 2,194,300 2,194,300 2,194,300 O

Net Cost 1,419,810 1,586,000 1,586,000 O

All of the activities associated with the County's participation in this MOU fall

within the scope of existing programs of the Environmental and Energy

Resources Department's 2003-04 adopted budget. Specifically, identified costs

represent a portion of staff time already allocated to bioenergy programs.

Discussion:I

On October 9, 2001, your Board adopted affirmative policies for bioenergy

development in the county, including efforts to support the siting of local

bioindustries and the procurement of renewable and environmentally preferablebiobased products. Over the past two years, the County has created a number

of strategic partnerships to implement these policies. Most recently, on June 10,

i 2003, your Board approved County participation with the United States Navy

(Navy Facilities Engineering Service Center, Port Hueneme), the National Park

Service (Channel Islands), the Gold Coast Innovation Center, and the Central

Coast Biotechnology Center in the formation of a new and expandedcollaborative called the Channel Islands Bioenergy and Bioproducts Consortium

(CIB2C). The CIB2C facilitates the commercial and intergovernmental agency

use of its members' technology, expertise, and facilities to promote the

development of bioindustries in the greater Ventura County area.

The siting of a biodiesel refinery at the Port Hueneme Navy base represents the

first commercial scale bioindustry in the county, and is the subject of a

companion MOU on today's Board agenda which provides for direct County

participation in the testing and evaluation of biodiesel. Transportation fuels,

however, are but one of a broad spectrum of biobased products at or near

commercialization that have the potential to reduce American dependency on

foreign oil, and to reduce toxic releases to humans and the environment. The

County and the Navy have a shared interest in the testing and evaluation of

these biobased products, and in their procurement and use by government

agencies and the general public.

The subject MOU promotes these objectives in two ways. First, it expands the

partnership and the resources of the County and Navy to include two national

organizations, the New Uses Council (NUC) and the Biobased Manufacturers

Associalion (BMA). The NUC is a nonprofit organization dedicated to expanding


October 14, 2003

the development and commercialization of new industrial, energy, and non-food

consumer uses of renewable agricultural, forestry, marine, and livestock

products. The BMA is a nonprofit trade association dedicated to facilitating,

promoting, and expanding biobased product markets. Second, the MOU joinsthe parties in active support of a proposed National Center for Bioproducts and

Bioenergy Development at the Navy Base Ventura County. This facility, if funded

by Congress, would play a major role in the evaluation, testing, and

commercialization of biobased products for both military and civilian markets.

A ribbon-cutting ceremony to commemorate the opening of the biodiesel

production facility will be held on October 30, 2003 at 2 p.m. at the Port

Hueneme Navy base. At this same event, a ceremonial signing of this MOU is

also proposed, and Board representation and anendance is requested.

This mafter has been reviewed by the offices of the County Executive, County

Counsel, and the Auditor-Controller. If you have any questions regarding this

item, please contact me at 289-3105.

&1 YY\\Ait

KAY MARTIN

Director, Environmental and Energy Resources Department

Attachment

MEMORANDUM OF UNDERSTANDING BETWEEN THE NAVAL FACILITIES

ENGINEERING SERVICE CENTER, THE COUNTY OF VENTURA, THE NEW USES

COUNCIL, AND THE BIOBASED MANUFACTURERS ASSOCIATION FOR

COOPERATIVE ACTIVITIES RELATED TO THE RESEARCH, DEVELOPMENT,

TESTING, EVALUATION, AND PROCUREMENT OF BIOBASED PRODUCTS

i This AGREEMENT is made this 30th day of October, 2003 and is entered into by and

between the Naval Facilities Engineering Service Center, at Port Hueneme Office of

Research and Technology Application of the Office of Naval Research of the United

i

States Navy (hereinafter referred to as "NFESC"), the County of Ventura, a political

subdivision of the State of California (hereinafter referred to as "COUNIY"), the New

Uses Council, a nonprofit corporation (hereinafter referred to as "NUC"), and the

Biobased Manufacturers Association, a nonprofit corporation (hereinafter referred to as

"BMA").

I RECITALS

WHEREAS, the NFESC, COUNTY, NUC, AND BMA support national policy

objectives for the production of power, fuels, and chemicals from renewable biomass;

Iand

WHEREAS, the development of domestic BIOENERGY and BIOBASED

PRODUCT industries enhances energy security, preserves resources, improves

environmental quality, and stimulates economic growth at both the national and local

I

levels; and

I

WHEREAS, the NFESC, as a component of the Department of Defense (DoD), is

required to promote the sharing of technical knowledge, expertise, facilities, equipment,

and other resources for application to both military and nonmilitary systems, including

activities demonstrating the commercial viability of DoD technologies, dual-use science

1

and technology development, and the demonstration of the potential DoD uses of non-

DoD developed new and innovative technologies. The DoD technology transfer

program concurrently supports the national security mission, while helping to improve

the economic, environmental, and social well-being of all U.S. citizens; and

iI

WHEREAS, the NFESC has the mission, capacity, expertise, and facilities to

I

develop, test, and apply technology in the area of BIOENERGY and BIOBASEDI

PRODUCTS, and seeks to expand its capabilities through the development of aI

I National Center for Bioproducts and Bioenergy Development (NCBBD) at the Navy

I

Base Ventura County (NBVC); andI

WHEREAS, the COUNTY has adopted affirmative policies to explore and

evaluate opportunities for the procurement and use of BIOENERGY and BIOBASED

PRODUCTS for the benefit of the citizens of Ventura County, and supports the transfer

of technology to the civilian community to facilitate these purposes; and

i

WHEREAS, the COUNTY has also adopted a policy to partner with federal and

local agencies and with industry for BIOENERGY and BIOBASED PRODUCTS

I research, procurement, and development, and has joined with NFESC and others to

form the Channel Islands Bioenergy and Bioproducts Consortium, an organization

created to further these goals; and

WHEREAS, the COUNTY desires to optimize opportunities for diverting biomass

wastes from treatment and disposal facilities, and the creation of new, sustainable

BIOBASED PRODUCT markets for these materials pursuant to State mandates and in

its role as administrator of the Ventura County Recycling Market Development Zone;

andi

WHEREAS, the NUC is established as a nonprofit national membership

organization dedicated to expanding the development and commercialization of new

2

industrial, energy, and non-food consumer uses of renewable agricultural, forestry,

marine and livestock products; and

WHEREAS, the NUC supports collaborations between government, industry,

academia, the military, and the general public that serve to transform an economy

dependent on fossil energy and resources to one increasingly reliant on renewable

I BIOENERGY and BIOBASED PRODUCTS; and

WHEREAS, the BMA is established as a nonprofit national trade association

dedicated to faciliating, promoting, and expanding the BIOBASED PRODUCT markets

I

of its members; andi

WHEREAS, the BMA supports the development of partnerships with federal and

local agencies that provide for BIOBASED PRODUCT testing and procurement, and the

dissemination of information on BIOBASED PRODUCT manufacturers, performance,

I

pricing, and availability; andi

WHEREAS, the NFESC, COUNTY, NUC, and BMA believe that mutual

cooperation and a collaborative effort would be in the best interests of the military and

the local community for the research, development, testing, evaluation, and

I

procurement of BIOBASED PRODUCTS.

NOW, THEREFORE, the NFESC, COUNTY, NUC and BMA agree as follows,

and enter into this Memorandum of Understanding (hereinafter referred to as "MOU") for

I

the purposes of facilitating the transfer and application of technology in the area of

BIOBASED PRODUCT testing and for the procurement of BIOBASED PRODUCTS.

3

ARTICLE 1

DEFINITIONS

1.1 ANNIVERSARY DATE shall mean the date this MOU was signed and executed

by the NFESC, COUNTY, NUC, AND BMA.

1.2 BIOENERGY shall mean electricity or fuels derived from renewable biomass.I

1.3 BIOBASED PRODUCTS shall mean commercial or industrial products (other

than food or feed) that utilize biological products or renewable domestic

agricultural (plant, animal, and marine) or forestry materials. Biobased Products

include, without limitation, absorbents/adsorbents; adhesives/inks/coatings;

alternative fuels and fuel additives; construction materials/composites;

lubricants/functional fluids; renewable alternative fiber papers/packaging;

I

solvents/cleaners/surfactants; plant based plastics/degradable polymers/films;I

landscaping products; biocontrol/bioremediation media; new

fibers/filler/yarn/insulation; enzymes/intermediate chemicals; and other products,

such as cosmetics and pharmaceuticals/nutraceuticals.

iI

1.4 BMA shall mean the Biobased Manufacturers Association, a nonprofit 501 (c) (6)

corporation headquartered in St. Louis, Missouri.

1.5 BMA CHAIRMAN shall mean the Chairman of the BMA Board of Directors.

I

1.6 BOARD shall mean the Ventura County Board of Supervisors.

I1.7 COMMANDING OFFICER shall mean the Commanding Officer of Naval

Facilities Engineering Service Center at Port Hueneme, CA.

1.8 COUNTY shall mean the County of Ventura, a political subdivision of the State of

California.

4

1.9 NCBBD shall mean the proposed National Center for Bioproducts and Bioenergy

Development at the NBVC.

1.10 NBVC shall mean the Navy Base Ventura County-United States Navy facilities

at Point Mugu, CA and Port Hueneme, CA.

1.11 NFESC sall mean the Naval Facilities Engineering Service Center-United

States Navy facilities at Port Hueneme, CA.

1.12 NUC shall mean the New Uses Council, a nonprofit 501 (c) (3) corporation with

offices in St. Louis, Missouri and Washington, D.C.

1.13 NUC CHAIR shall mean the Chair of the New Uses Council Board of Directors.I

I

1.14 PARTY or PARTIES shall mean the NFESC, COUNTY, NUC, and BMA.

ARTICLE 2

PURPOSE, TERM, TERMINATION AND AMENDMENTS

The purpose of this MOU is to establish a collaborative relationship between the

PARTIES with regard to activities that promote the research, development, testing,

evaluation, and procurement of BIOBASED PRODUCTS, and to support federal funding

Iand development of the proposed NCBBD. Additional activities at the discretion of the

PARTIES may include, wihout limitation, BIOBASED PRODUCTS database

development, market analyses, grant writing, and public education.

I

The term of this MOU shall commence on the day and date wriUen above, and shall be

effective for one year following this commencement date. The MOU shall renew

automatically for an additional year on each ANNIVERSARY DATE of this MOU unless

any PARTY provides written notice of cancellation no later than thirty (30) days prior to

5

the ANNIVERSARY DATE. This provision notwithstanding, the NFESC, COUNTY,

NUC, or BMA may terminate this MOU at any time by providing wriften notice of

termination to the other at least ninety (90) days prior to termination.

Any substantive amendment, modification, extension, or variation of terms of the MOU

shall be in writing and shall be effective only upon written approval by the authorized

representatives of the PARTIES.

I

I ARTICLE 3

RESPONSIBILITIES OF THE PARTIES

I

I

The PARTIES shall identify and actively pursue areas of common interest and activitiesI

of mutual benefit relating to the procurement and use of BIOBASED PRODUCTS. To

this end, the PARTIES shall meet and confer, engage in joint strategic planning,

conduct research, development, testing and evaluation, and promote public and private

sector awareness and advocacy networks. Each of the PARTIES shall designate a

point of contact for this purpose.

In addition, NFESC shall assume the lead role, and COUNTY, NUC, and BMA a

support role, in planning and pursuing federal funding Oor a NCBBD at the NBVC.

NFESC will provide a location for the facility if approved.

I

ARTICLE 4

ADMINISTRATION AND FUNDING

This MOU shall be jointly administered by the PARTIES, and activities hereunder shall

be regarded as in-kind services independently funded by and performed at the

dtscretion of the PARTIES. This notwithstanding, it is the intent of the PARTIES toI

cooperatively pursue additional sources of public and private funding for activities

performed under this MOU. If such additional funds are secured, their distribution

6

1

among PARTIES shall be determined by separate agreement. Similarly, nothing in this

MOU precludes the PARTIES from entering into prior or subsequent agreements with

one another for contract services.

ARTICLE 5

MISCELLANEOUS PROVISIONS

5.1 APPROVAL BY PARTIES: This MOU and any amendments thereto shall not be

binding on NFESC unless approved by the COMMANDING OFFICER, on the

COUNTY unless approved by the BOARD, on NUC unless approved by the NUC

CHAIR, and on BMA unless approved by the BMA CHAIRMAN.

5.2 COMPLETE AGREEMENT: This MOU constitutes the entire agreement behween

the NFESC, COUNTY, NUC and BMA. No prior oral or wriften understandings or

agreements between the PARTIES with respect to the subject matter of this MOU

are incorporated herein and any such understandings or agreements are entirely

Isuperseded by this MOU.

5.3 AMENDMENTS: This MOU may not be amended without a wriften amendment

approved by the NFESC, as evidenced by the signature of the COMMANDING

OFFICER, approved by the COUNTY as evidenced by the signature of the

Chairperson of the BOARD, by the NUC, as evidenced by the signature of the NUC

CHAIR, and of the BMA, as evidenced by the signature of the BMA CHAIRMAN.

I

5.4 INTERPRETATION: This MOU shall be interpreted and construed reasonably and

neither for nor against any of the PARTIES, regardless of the degree to which any

of the PARTIES participated in its drafting.

5.5 SEVERABILITY: If any term, provision, covenant, or condition of this MOU isI

determined by a court of competent jurisdiction to be invalid, void or unenforceable,

I

7

the rest of the MOU shall remain in full force and effect and shall in no way be

affected, impaired or invalidated.

5.6 INDEPENDENT CONTRACTORS: It is agreed that the PARTIES are and at all

times shall be independent contractors of,

and not the agent of the other.

5.7 GOVERNING LAW: This MOU shall be governed by and construed in accordance

with the laws of the State of California.

5.8 NONDISCRIMINATION: In the performance of this MOU, the PARTIES shall abide

by all applicable federal, state and local laws, regulations, or ordinances pertaining

to discrimination and shall not discriminate against any person, customer, servant or

employee on account of race, sex, age, color, religion or national origin.

5.9 INTELLECTUAL PROPERTY: By entering into this MOU no PARTY is deemed to

be transferring any intellectual property rights, including but not limited to proprietary

information, patents and trademarks. Each PARTY shall respect the intellectual

property rights of the others, and shall not disclose any confidential information

without the prior written consent of the PARTY that has developed the confidential

information.

5.10 NOTICES: All notices or correspondence under this MOU shall be given to the

following addresses and shall be deemed delivered on the date of actual delivery or

on the third business day after the date of mailing.

NFESC:

Office of Research & Technology ApplicationsI

NFESC, Code ESC423

1100 23ra Avenue

Port Hueneme, CA 93043-4370

8

1 COUNTY:

Director, Environmental & Energy Resources Department

COUNTY OF VENTURA

1000 Hill Road, Suite 100

Ventura, CA 93003

NUC:

Chair, Board of Directors

NEW USES COUNCIL

2816 Claudia CourtI

I

I Vienna, VA 22180

BMA:

BIOBASED MANUFACTURERS ASSOCIATION

I

IC/o Dan Manternach

Doane Agricultural Services

11701 Borman Drive, Suite 300

St. Louis, Missouri 63146

IN WITNESS WHEREOF, the PARTIES have executed this MOU on the dates

indicated below.

Navy Organization: Naval Facilities Engineering Service Center

Date

By: W. J. BEARY

Captain, CEC, U.S. Navy

Commanding Officer

9

County of Ventura

Date

By: JUDY MIKELS

Chair, Board of Supervisors

New Uses Council

Date

By: WILLIAM C. HOLMBERG, Lt. Col. USMC (Ret.)

Chair, Board of Directors

Biobased Manufacturers Association

Date

By: KIM KRISTOFF

Chairman, Board of Directors

I

10

cou ofvantura PUBLIC WORKS AGENCY

RONALD C. COONS

Agency Director


I Wm. Butch Britt, Dirsctor

Water Resources & Development Department

John C. Crowiey, Director

Central Services DepartmentOctober 21,2003 Lane B. Holt, Director


Kay Martin. Director

Watershed Protedion District

Jeff Pra~, Director

Board ofSupervisorsEngineerirgServices Department

County ofVenturaAiecT. Pringle, Director

800 S. Victoria Avenue

Ventura, CA 93009

Subject:EVALUATION OF PROHIBITING THE PARKING OF COMMERCIAL

VEHICLES ALONG ROADS IN RESIDENTIAL DISTRICYS

ALL SUPERVISORIAL DISTRICTS

Recommendation:

Receive the attached evaluation and provide further direction to staff as desired.

Fiscall Mandates Impact:

There is no fiscal impact from receipt of this evaluation.

If your Board directs staff to prepare and implement an ordinance for prohibitingcommercial vehicle parking in residential districts of the unincorporated area of the Coun

of Ventura, there would ultimately be costs associated with installation of appropriatesignage. The amount of these costs will depend on what scope of implementation yourBoard may direct. Costs of such implementation will be identified and included in the

Board lener accompanying the adoption of such ordinance.

Discussion:

On July 1, 2003 your Board directed the Public Works Agency (PWA) to evaluate the prosand cons of adopting such an ordinance for the county unincorporated areas as well as aninventory of the policies of the cities The requested evaluation is attached.

To summarize, implementation of an ordinance (or resolution) to prohibR the parking of

commercial vehicle in residential districts of the unincorporated area of the County is

possible. However, there are serious concerns aboutenforcementand adaptability of such

a prohib0ion, to all residential areas in the County. PWA recommends limited

implementation only in those area where a considerable percentage of the community has

requested such a restriction, subject to review and concurrence by the local community

organization (i applicable), and endorsement by the Supervisor's office representing that

District.

Hall of Administration L # 1600e 4800 S. Victoria Ave, Ventura, CA 93009. (805) 654-201 8. FAX (805) 654-3952. www~ventura.org/VCPWA


October 21,2003

Page 2

I

This letter has been reviewed by the Coun Executive Office, the Auditor-Controller, and

County Counsel.

If you have questions regarding this item, please call the undersigned at (805) 654-2077.I

WM.BUSCH

BRITT

Director


a#73\\wbb-888.wpd:sa

Attachment

I

Evaluation of Prohibiting the Parking ofI

Commercial Vehicies Along Roads in Residential Districts

On July 1, 2003, the Board of Supervisors directed the Public Works Agency (PWA) to

evaluate the pros and cons of adopting such an ordinance for the county unincorporated

areas as well as an inventory of the policies of the cities. ExhibitA is a copy of the originaltasking lefter. Readily apparent pros and cons are tabulated in table 1 (Page #2). An

I

inventory of the policies of cities within Ventura County is contained in table 2 (Page #5).

The California Vehicle Code, section 22507.5, empowers the Board of Supervisors, by

ordinance or resolution, to prohibit or restrict the parking or standing, on any street or

portion thereof, in a residential district, of commercial vehicles having a manufacturer's

gross vehicle weight rating of 10,000 pounds or more. However, such ordinance or

resolution shall not be effective with respect to any commercial vehicle making pickups or

I deliveries of goods, wares, and merchandise from or to any building or structure located

I on the restricted streets or highways or for the purpose of delivering materials to be used

I in the actual and bona fide repair, alteration, remodeling, or construction of any building

or structure upon the restricted streets or highways for which a building permit has been

obtained. For the purpose of implementing such ordinance or resolution, the termI

"residential district" may be defined in accordance with the County zoning ordinance.

Posting of signs or other warning advising of the restriction is not required under section

22507.5. However, considering the many unique and geographically displaced residentialI

areas of the unincorporated area, posting of the areas where such ordinance is intended

to be effective is recommended. It would more effectively communicate the restrictions toI residents and other motorists and alert law enforcement personnel of the locations where

the ordinance is to be enforced.

Over the last several decades, the Board has at various times adopted truck restrictions

on several roads of the County on a case-by-case basis. These restrictions are not parkingI restrictions, but they have the effect of limiting truck traffic (and parking) on these roads.

Each Coun road with its particular restriction is listed on ExhibU B. In general, these

restrictionswere approved due to a specific requestfrom a community or community based

organization, concurred with by the Supervisor's office representing that District and

subsequently adopted by the Board of Supervisors.

On April 24, 2001 the Board approved an area-wide restriction primarily targeted at

recreational vehicles and effective only in the Oak Park community. Section 7251 was

added to the Ventura County Ordinance Code (Division 7, Control of Vehicles on County

Highways). This ordinance regulates parking and storing of large oversized vehicles

i (exceeding 25 feet in length and/or eighty inches in width and/or eighty-two inches in

height) on residential streets in the Oak Park community.

In addition to vehicles exempt from the ordinance by the Vehicie Code, the Oak Park

ordinance provides for issuance of undue hardship permits to residents whose work

vehicles are oversized vehicles and are required to park such vehicles overnight at their

residence or to residents whose primary vehicle for transporting Oamily members or other

1

residence or to residents whose primary vehicle for transporting family members or other

dependents to schools, hospital or other essential community services. The Oak Park

Municipal Advisory Council (Oak Park MAC) is responsible for administration and issuance

of such hardship permits pursuant to the standards of the ordinance.

Your Board did not request evaluation of restricting parking of large recreational vehicles.

However, some citizen inputwas received about parking of recreational vehicles and some

I of the city ordinances reviewed include restriction on parking of both commercial and

I recreational vehicles. However, there does not appear to be a consensus of opinion as

to allowing recreational vehicles to park on local residential streets or not. Parking of

recreational vehicles is allowed in the unincorporated area, unless parking is otherwise

ilegally restricted such as in the community of Oak Park as discussed above.

I

I Enforcement

PWA met with representatives of the California Highway Patrol (CHP) to discuss issues

associated with enforcement of such proposed prohibition. Enforcement of the California

Vehicle Code in the unincorporated area afthe Coun, including parking restrictions, such

as evaluated herein, is the responsibility of the CHP. When the proposed restriction was

I

discussed with representatives of the CHP, some concerns about enforcement were

voiced. The resources of the CHP are limited, and enforcement of parking restrictions isi generally afforded a lower priority than the more critical functons of patrolling the freeways,

other state highways, and county roads. It is thus anticipated that enforcement would

primarily be on a "complaint driven" basis. Response time may be limited by higher priorityenforcement and/or patrolling responsibilities.

I

Evaluation of Cilf Practices and Policies

PWA evaluated several pros and cons of the proposed action, as summarized in table 1.

I

I

I

2

1

2 Cost of installing boundary signs at all residential areas may be substantial.i

I

3 Enforcement may be-limited.

4 Some local residents in areas where they have traditionally parkedcommercial vehicles may object.

I5 The displaced vehicles may relocate to another parking area, which may be

objectionable to residents or businesses of that area.

6 The ordinance would not apply on privately owned streets or where vehicles

are parked on private property.

t

A short explanation and discussion of each item is provided below:

Pros:

1. One of the stated goals of any governmental agency is to respond to requests from

its citizens. Although it is difficult to determine the exact breadth of this request, it

I seems reasonable to limit parking ofcommercial vehicles in residental areas, where

the residents have indicated that is their preference.

I

2.Prohibiting commercial parking in a residential area will free up additional on-street

parking for that communi.

I 3. Prohibiting commercial parking in a residential area will reduce vehicle side

advertisements and industrial type vehicles in a residential area. These types of

vehicles are sometimes considered aesthetically objectionable in residential areas.

1

4. Large vehicles parked curbside on streets can reduce vehicle sight distance at

intersections, even when such vehicles are legally parked. Pedestrians also may

attempt to cross between parked vehicles. When Jn a moving vehicle, it is

sometimes difOcun to see small children, or sometimes even aduR pedestrians,I crossing behNeen larger vehicles. Prohibiting commercial parking in a residential

area should improve the visibili for pedestrians both at intersections and mid-

block.

5. Large trucks, particularly diesel powered vehicles, tend to be nosier than smaller

vehicles. Prohibiting commercial parking in a residential area will reduce that noise

source.

6. Large trucks, particularly diesel powered vehicles, tend to produce more noxious

fumes than smaller vehicles. Prohibiting commercial parking in a residential area

will reduce that fume source.

Cons:

1. Many of the residential areas ofthe unincorperated area of the county are not neatly

defined or delineated, as are similar areas in the incorporated cUies. Obviously the

3

unincorporated area are also not as compact or clearly contained within a corporatelimit. While the definition of a residence district, as defined by the zoning ordinance,

may be readily understood and useable in the context of planning, such areas maybe difficult to identify in the field, both for enforcement and to alert motorists that

parking of commercial vehicles is restricted in that area. It would be more effective

and communicate more clearly to the average citizen to identif and post each

residential area that the prohibition is intended to apply to.

2. The cost of an individual sign, fabricated and installed, is approximately $250. In

some cases encroachment permits from Caltrans or other cities may be required.I

Depending on the number of areas to be posted, the total cost can vary widely and

the total costs may be significant. For example, a small tract such as the Siete

Robles Tract east of Ojai or the Santa Rosa Valley area would require only two

signs or approximately $500. Posting an area like EI Rio, with multiple entrance

points, could cost as much as $12,000.

3. The CHP would be required to enforce this ordinance within existing resources.

II Additionally in the scope of their responsibilRies, which are already considerable,

this task would be a lower priori.

4. Some residential areas of the unincorporated area are an eclectic mixture of

lifestyles, economic status, or other factors. Many residents choose to live in the

unincorporated area to avoid regulatory restrictions or the level of oversight that

might exist within the corporate limits of a city. In areas where residents have

I traditionally and historically parked commercial vehicles, there might be some

resentment from existing residents, from implementation of such parkingprohibitions.

5. The commercial vehicles removed from one area will invariably move to another.

While it might be hoped that they will relocate to commercial parking lots, they could

easily move to other legal on-street parking locations. Some commercial areas of

the unincorporated area are near or adjacent to residential areas. This relocated

parking might cause competition for scarce parking spaces, or induce many of the

complaints listed above, from the new area.

6. Vehicle code enforcement does not generally extend to privately owned streets or

property. Many of the complaints received by the PWA are applicable to privatelyowned streets or private property.

I Inventory of City Policies

Nine of ten Ventura County cities responded to our request for information about their

policies. Almost all cities in Ventura County have some type of commercial or oversized

vehicle parking restriction. Some of the cities have a corresponding or accompanyingordinance for oversized restricted vehicles which does require posting advisory signs in

accordance with section 22507. Posting of advisory signs is not required. For parkingrestrictions enacted under section 22507.5 most cities had some type of advisory or

warning signs posted at jurisdictional and gateway points. However the physical posting

4

of appropriate warning or advisory signs is relatively simple within the corporate limits of

a city, as it is merely necessary to post truck limitation signs at a limited number of

boundary points.

li

An ordinance could be drafted and implemented which covers all residential areas in the

I

unincorporated portion of the County. However, it would seem more effective to limit any

parking prohib0ion to specific areas within the unincorporated area, only where such

prohibition is considered appropriate and necessary. These areas could be identiOed and

described specifically by a resolution, which would supplement the ordinance. If in the

future it is determined necessaryto add or delete specific areas, this could be done by new

or revised resolution.

Recommendations:

If the Board wishes to implement an ordinance prohibiting the parking of commercial

vehicles along roads in residential districts of the unincorporated area, the following are

recommended:

A. Direct PWA to prepare and submit a revision to Division 7 of the County Ordinance

Code to prohibit commercial parking in such specific residential areas as identified

eiher in said ordinance or by supporting resolution.

B. Upon approval of said revision to the ordinance and resolution, PWA be tasked to

post necessary signs or take other actions to advise motorists and law enforcement

of the applicability of the ordinance.

C. That future revisions to the areas restricted should be implemented by supportingresolution. A community should be reviewed by the Supervisor's office representingthat Supervisorial District. If endorsed by the Supervisor's office, PWA would then

prepare the necessary resolution and Board letter to add (or delete) such area from

the list of restricted areas and schedule the matter for Board review.

D. That the ordinance not be eYtended to restrict over sized recreational vehicles at

this time.

A#l3\\wbb-888.wpd:sa\\l O-l 4-03

I Attachments

Exhibit A

Exhibit B

I

I

I

6

EXHIBIT AI

li OFtMEMBERSOF THE BOARD%1 i

,, JUDY MIKELSO,li CChairAr7aUit

I4*1 J

STEVE BENNETT*t, %

c\\0\\?\\ LINDA PARKS

i i,F p# KATHY 1. LONGOJOHNK. FLYNN

STEVE BENNETTBOARD OF SUPERVISORSSUPERVISOR,FIRST DISTRICT

COUNTYOF VENTURA (805) 654-2703

FM: (805) 654-2226GOVERHUEmCEHTER, HALL OFADMIhHSTRAOONE-mail: [email protected] SOUTH VICTORIA AVENUE, VEHTURA, CALIFORNIA 93009

I

July 1,2003


County of Ventura


Ventura 93009

SUBJECT: Request for Evaluation of Prohibiting the Parking of Commercial Vehicles Along

Roads in Residential Districts

I

RECOMMENDATION: Direct the Public Works Director to report back with an analysis of

adoption of an ordinance to prohibit parking commercial vehicles in residentiaJ districfs.

DISCUSSION:

I My office regularty receives complaints regarding commercial vehicles parked along

residential streets. In addition to aesthetic concems, the storage of commercial vehicles onI residential streets takes up visitor parking and can block the visibility of motorists and

pedestrians. Many cities in the county have adopted ordinances prohibitng parking of

commercial vehicles rn residential zones, except for while the commercial vehicle is making

deliveries or being used for other legitimate purposes.

I request that the Public Works Director be directed to return to our Board with an evaiuation

of the pros and cons of adopting such an ordinance for the oounty unincorporsted areas as

well as an inventory of the policies of the cities. In the meantime, MACS or neighborhoodcouncils could also address the issue.

Cordially,

Steve Bennett


&

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PUBLIC WORKS AGENCVcourrty afvanturaRONALD C. COONS

Agency Director

Transportation DepartmentI Wm. Butch Brftt, Diredor

Water Resources & Devebpment Departrnent

John C. Crowley, DirectorOctober 21,2003

Centrai Serves Department

Lane B. Hon, Director

Environmerrtal & Energy Resources DepartmentI Kay Martin, Director

Watershed Protection DistrtBoard of SupervisorsJeff Pratt, Diredor

Coun of VenturaEngineering Serves Department

800 South Victoria Avenue Alec T. Pringle, Direttor

Ventura, CA 93009

Sub,ect: PRIORITY RANKING OF PROJECT APPLICATIONS

CONGESTION MITIGATIOH AND AIR QUALIW PROGRAM (CMAQ)SURFACE TRANSPORTATION PROGRAM (STP)ALL SUPERVISORIAL DISTRICTS

Recommendation:

It is recommended that your Board concur in the submittal of the projects and the prioriorder in which they are listed on Attachment A.

Fiscall Mandates Imoact:

There is no immediate fiscal impact. If projects are selected, matching Ounds must be

provided by the local agency in amount of 11.43 percent of the total project funds

authorized (based on previous federal highway bills). The Public Works Agency (PWA),the General Services Agency, or the Coun Executiv Office, as appropriate, will budget

matching funds from existing or anticipated revenue sources for selected projects.

Discussion:

In response to a call for projects by the Ventura County Transportation Commission

(VCTC), the PWA prepared project application packages and priority list (Attachment A).(The individual application packages are not included for reasons of volume.) They are on

file for review if desired Jn the Transportation Department of the PWA.

Each Supervisor's office, the General Servlces Agency, and the County Executive Office,

(CEO), were notified of the opportunity to submit projects by PWA letter dated May 19,

2003, copy attached for reference as Attachment B. An explanation of the specifics of the

two federal highway grant programs, under which these grants are to be considered is also

contained wUh Aftachment B. Because your Board did not meet in August and the

deadline to submit projects to VCTC was September 8, 2003, it was necessary for staff to

use our bestjudgement in preparing the lists included with Artachment A. PWA considered

projects already included in the Capital Projects Program (2003-2008) approved by yourBoard on June 10, 2003.

Hall of Adrainistration L # 1600

800 S. Victoria Ave, Ventura, CA 93009. (805) 654-2018. FAX (805) 654-3952. www.ventura.orgNCPWA4

i

i

IBoard of Supervisors

October 21,2003

Page 2

A listing of all projects received and evaluated by PWA is attached, Attachment C. The

first step was to screen potential projects for compliance with the screening criteria

I established by VCTC. Several potentia I projects were eliminated from further

consideration in this iteration, because they were inconsistent with the current County

General Plan Road Standards (approved by your Board) or were within the jurisdiction of

another legal entity.

Attachment D is a listing of the projects submitted with previous cost estimates, federal

funds requested and local share cost. This is for information purposes only as the

estimates are preliminary and the process as explained further herein is only in its

preliminary stages.

I It should be emphasized that inclusion on AttachmentAdoes not guarantee funding of anyproject by VCTC. When considering that over 80 projects were submitted by all 10 cities

and the county, totaling approximately $100 million in requests for federal grant funding,

and that only $18 million of federal grant funds is anticipated to be available for federal

funding to meet the requirements submJ~ed underthis call, it is likely that many submifted

projects will receive little or no funding.

Further the failure of the federal government to pass successor or continuing legislation

to the federal highway grant program (it expired October 1, 2003) and the uncertainty

associated with the state transportation budget, make it a distinct possibility that the effort

expended in preparing the project applications and Attachment 1 may be for naught.Additionally, the federal highway grant program is historically a six year statute. The call

for projects by VCTC was only foro years. VCTC will issue another call for projectsprobably within the next year, once the federal legislation has been enacted, and the status

of the state transportation budget is hopefully more stable.

In both categories, the final decision on which projects will be funded will be made by

VCTC, taking scoring in accordance with VCTC established criteria and other

considerations (at the discretion of the Commission members) into account. However,

VCTC approval of funding does not authorize the project sponsor to begin spending moneyon the project.

Each project submitted still has to undergo scrutiny for conformance with the Regional

Transportation Improvement Plan (RTIP) and the Federal Transportation Improvement

Plan (FTIP) prepared by the Southern California Association of Governments (sCAG). InI

previous years conformance with air quality issues in the Los Angeles basin have delayed

approval of the RTIP/ FTIP and federal funding authorizations for all counties and cities

under the SCAG Regional Transportation Plan including projects in Ventura County.

This process may significantly delay proceeding with a project even if approved by VCTC.

Under federal rules, project expendRures are not eligible for reimbursement unless they

1Board of Supervisors

October 21, 2003

Page 3

occur after an authorization to proceed is issued by the California Department of

Transportation (Caltrans) local assistance office. As a result of this process, it may be

several years (ir ever) before any of the submitted projects can be authorized to

I commence.

Traditionally, the Public Works Agency has been the lead agency for federally funded

transportation projects and, accordingly, assumed the lead in preparing this letter.

However, the scope and type of transportation projects able to be funded under TEA-21

has been broadened so other agencies/ offices have proposed projects for funding and

these have been incorporated herein.

I

This item has been reviewed by the Coun Executive Office, the Auditor-Controller's

Office, General Services Agency, and the Coun Counsel's Office.

If you have questions regarding this item, please call the undersigned at (805) 654-2077.

I

I WM. BUTCHBRIT

I

Director

I Transportation Department

a#73\\wbb-900.wpd:saI

Attachments:

A-9J5/03 letter to VCTC

IB

-

5/19/03 letter to BoS

C-

PWA project evaluation list

D-

PWA project list with estimated funding breakdown

I

I

i ATTACHMENT Ac-,

PUBLIC WORKS AGENCY\\yen -raRONALD C. COONS

IAgency Direclor


Wm. Butch Bri~. DirectorSeptember 5,2003Water

Resowces & Development DeparlmentI JOhn C. Crowley, Director

Central Servas Department

Lane B. HOIt. DiredorGinger Gherardi, ExecutiveDirectorEnvirorvnental& Energy Resonrces Deparlment

Ventura County Transportation CommissionKay Marlin, Director

950 County Square Drive, Suite207WalershedProtectbn Dtrict

Venrura,CA93003 Jetl Pvalt, Uirgctor

Erqineerirg Serves Departmenl

I Alec T. Pririgle, Director

SUBJECT:TEA 21 REAUTHORIZATION PROJECT APPLICATIONS

Dear Ms. Gherardi:

In response to your call for submittals to secure TEA-21 funds, the County is submitting the

following projects which have been prioritized in a single combined list of both Congestion

Mitigation and Air Quality (CMAQ) and Surface Transportation Program (STP) projects as wellI

as by funding ca(egory:

Combined List

1Santa CIara Avenue Bike Lanes

I 2Central Avenue Bike Lanes

3Digital Road Inventory

4Kanan Road Left Turn Lane extension at Doubletree Road

5Piru Camulos RaiIf Trail Project

6Grimes Canyon Road widening at State Route 118

7Rice Avenue Intersection Improvement at Channel Islands BIvd & Wooley Road

I

8Rose Avenue Pedestrian Improvement at Rio Del Valle School

9Center School Road Bike Lanes

10State Route 33 Smart Crosswalks

IIOjai Valley Trail Bridge Projec(

I 12Rose Avenue at Central Avenue Intersection Improvements

13Ojai Valley Transit Services

14Victoria Avenue Pedestrian Pach

15Donlon Road Realignment

Hall of Administration L # 1600 &800 S. Victoria Ave. Ventura, CA 93009. (sos) 654-2018. FAX (805) 654-3952. www.ventura.org/VCPWA

16 Santa Ana Road/ Casitas Vista Road Bike Lanes

17 Highway 33 Signal Interconnect

18 State Route 33 Bus Shelters

19 State Route 33 Signal Improvements

20 State Route 33 Traffic Flow Improvements

21 Rose Avenue Bike Lanes

22 State Route 33 Half Signals

23 Santa Susana Pass Road Bike Lanes

24 Foothill Road Bike Lanes

The projects have also been prioritized separately into two lists for CMAQ and STP projects:

CMAO Priority List

I

1 Santa Clara Avenue Bike Lanes (CMAQ, STP)

2 Central Avenue Bike Lanes (CMAQ, STP)

3 Digital Road Inventory

4 Piru Camulos Raill Trail Project

5 Rose Avenue Pedestrian Improvement at Rio Del Valle School

6 Center School Road Bike Lanes

7 State Route 33 Smart Crosswalks

8 Ojai Valley Trail Bridge Project (CMAQ, STP)

9 Rose Avenue at Central Avenue Intersection Improvements (cMiQ, STP)

10 Ojai Valley Transit Services

11 Victoria Avenue Pedestrian Path (CMAQ, STP)

12 Santa Ana Road / Casitas Vista Road Bike Lanes (CMAQ. STP)

13 Highway 33 Signal Interconnect (CMAQ, STP)

14 State Route 33 Bus Shelters

I

projects for its share of local STP fund are also enclosed. If VCTC requires any additional

information or needs clarification of the information included in the attached applications, please

have your staff contact Nazir Lalani at 654-2080.

Thank you for the opportunity to submit applications for additional TEA 21 funding for the

projects that are critical to the County's transportation improvement program. The County will

submit a4ditional projects when the full six-year call for projects is requested.

Very truly yours,t

fl)/Wm. Butch Britt

Director


F:\\TRANSPOR\\SAFETEAICover Ltr. tea2 1-2003.doc

Enclosures

c:Nazir Lalani

Ben EmamiI

Anitha Balan

Pam Radford

I

15 State Route 33 Signal Improvements (CMAQ, STP)

16 State Route 33 Traffic Flow Improvements (CMAQ, STP)

17 Rose Avenue Bike Lanes (CMAQ, STP)

18 State Route 33 Half Signals (CMAQ, STP)

19 Santa Susana Pass Road Bike Lanes

20 Foothill Road Bike Lanes

STP Priority List

1 Ssnta Clara Avenue Bike Lanes (CMAQ, STP)

2 Central Avenue Bike Lanes (CMAQ) STP)

3 Kanan Road Left Tum Lane extension at Doubletree Road

4 Grimes Canyon Road widening at State Route 118

5 Rice Avenue Intersection Improvement at Channel Islands Blvd & Wooley Road

6 Rose Avenue at Central Avenue Intersection Improvements (CMAQ, STP)

7 Ojai Valley Trail Bridge Project (CMAQ, STP)

8 Victoria Avenue Pedestrian Path (CMAQ, STP)

9 Donlon Road Realignment

10 Santa Ana Road/ Casitas Vista Road Bike Lanes (CMAQ, STP)

11 Highway 33 Signal Interconnect (CMAQ, STP)

12 State Route 33 Signal Improvements (CMAQ, STP)

13 State Route 33 Traffic Flow Improvements (CMAQ, STP)

14 Rose Avenue Bike Lanes (CMAQ, STP)

15 State Route 33 HalfSignals (CMAQ, STP)

I

The short time frame allowed for this call for projects did not allow for review of this priority list

of the projects by the Board of Supervisors. We will request Board concurrence after VCTC

\\nitial review and input as to funding potential. Please note that forms identifying the County's

ATTACHMENT B

PUBLIC WORKS AGENCYcouw--= - "

vanuraRONALD C. COONS

Agerry Director


Wm. Butch BriH, Director

Water Resources & Devebpment DepartmentMay 19, 2003John C. Croey, Diredor

Central Servbes Department

Lane B. Hon. Director

Members of the Board of SupervisorsEnvironmerrtal& Energy Resouroes Department

County ofVenturaKayMartin, Director

Watershed Protection District800 South Victoria Avenue.hn Pran, Director

Ventura, CA 93009EngtneeringServes Department

Alec T. Pringh, Diredor

SUBJECT: CALL FOR PROJECTS FOR FISCAL YEARS 03/04 & 04/05

FEDERAL REGIONAL SURFACE TRANSPORTATION

PROGRAM (STP) AND GONGESTION MITIGATION AND AIR

QUALIW IMPROVEMENT PROGRAM (CMAQ) FUNDS

The Ventura County Transportation Commission (VCTC) plans to issue a call

for projects for the above t,lo federally funded programs. The federal highway

authorization bills are normally issued under omnibus titles involving the

Transportation Efficiency Act, and are commonly called things such as uISTEA

or TEA-2ln bills. The federal highway bill provides funding for capital or

demonstration transportation (transit) related projects. The federal highway bill

normally provides funding for a six-year period, but it appears that the federal

reauthorization will be delayed, and Congress is likely to pass a one-yearextension to continue the existing programs at approximately their current level.

VCTC proposes to develop a two-year program assuming funding at current

levels.

The anticipated deadline for submission of projects is September 8 2003.

Considering the amount of detail required for each final individual projectsubmiftal package, that's not a lot of time.

Despite the short time frame, I would like to solicit your input for projects that

are of primary importance to you. I do caution you that the competition is stiff.

All public agencies in Ventura County will have the opportunity to submit

projects. The criteria (see attached) for eligibility for these projects are also

restrictive. In general, road projects must be on a federal-aid eligible roadway

to be eligible for STP funds (which eliminates almost 600% of our road system).Manv worthy proiects will not meet the screenina criteria and will be

inelilible.

In the past, the Public Warks Agency, General Services Agency (GSA), and the

Chief Executive Office (CEO) have submitted projects. There are no additional

Regional Transportation Enhancement Activities (TEA) funds available this

cycle, because they have already been programmed through 2004.

Hail of Administration L # 1600 4800 S. Vidoria Ave, Ventura, CA 93009. (805) 654-2018. FAX (805) 654-3952.www.ventura.org/VCPWA

1 Members of the Board of SupervisorsI

May 19, 2003

Page 2

Both classes of projects will be ranked in accordance with the previouslyestablished VCTC criteria, reviewed technically by VCTC staff and various

advisory committees. The ultimate decision as to funding allocations rests with

the Commission.

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In order to assist you and your staffs to determine whether your proposedprojects are eligible, I have attached the following "abbreviated' criteria and aI

highly uabbreviated" project application form. Remember there are tno

programs and your project might be eligible for one, both, or neither criteria. If

you have any questions as to whether your priority project or projects might beeligible, feel free to contact me at 654-2077 or Nazir Lalani at 6W-2080.

I After we have reviewed all potential projects and confirmed eligibility, the next

step is to prioritize them. There will be t,lo priority lists, one for CMAQ and one

for Regional STP eligible projects. Some proiects MAY be eligible under both

I

categories, but it's usually best to submit them only under the category where

they might place higher in competition with other local agencies for the

anticipated funds.

Despite popular opinion, I have neRher the ruthlessness of Stalin nor the

I

wisdom of Solomon; so what I propose is to prepare a draft prioritization list for

each category, and submit the lists to the full Board for ratification or

modification as directed. Public Works staff (or GSA or CEO staff for their

I projects) would then complete the full application package for each project;PWA would submit the project applicatons to VCTC to meet the September 8,

2003 deadline. Since the Board is anticipated to be dark much of August and

i

the first week of September; and preparing the complete application packageis not a trivial task, I will request the Board's approval of prioritization in July.

I will also need to request authorization to submit the grant applications at the

I same time.

Accordingly, we are requesting your input by June 13. It would be helpful if you

use the enclosed format. You may e-mail, fax or mail me your input. As stated,

if you have any questions, feel free to contact me at 654-2077 or Nazir Lalani

at 654-2080.

Respectfully yours, `

i- vt

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f

Wm. Butch Britt

Director


a#73\\wbb-8sO.wpd:sa

Attachments

Members of the Board of Supervisors

IMay 19, 2003

Page 3I

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c: John F. Johnston

Ronald C. CoonsI Paul W. Ruffin

Marty Robinson

Monica Nolan

Cheryl Collart

Kathleen Brown

I John Magness

Steve Offerman

Elizabeth Montijo

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VCTC ADOPTED CMAQ PRIORITY LIST

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1. Clean fuel bus Oeets and support facilities

2. Improved public transit

3. Bicycle and pedestrian facilities and programs

4. Traffic management congestion relief strategies

5. Clean fuel Oeet subsidy programs

6. Other projetts as appropriate (must meet intent of air quality improvement or

congestion management relief)

Notes:

a. CMAQ funds are intended to be used to fund projects which mitigate

congestion and improve air quality in Ventura Caunty

b. Projects have to be consistent with adopted local General Plan, adopted

Regional Transportation Plan/Regional Mobility Plan, adopted Air Quality

Management Plan

C. Traffic Oow projects must be federal aid eligible roadways, rural majorI

collectors or urban collectors or higher classifications

d. Transit improvement projects must be consistent with the adopted

Congestion Management Program

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VCTC ADOPTED REGIONAL STP GUIDELINES

Goals:

1. Reduce eongestion and improve mobility in Ventura County

2. Support affainment of federal and state air quality standards

3. Serve as alternate funding source for projects beyond the capability of any one

jurisdiction to fund

4. Provide an equitable distribution of funds across Ventura CountyI

Notes:

a. Regional STP funds are to be used for projects of uregional significance'

These are projects that benefit more than a single community andJor improveaccess to a "regionally significant'facility, such as a universi, area hospital,

etc.

b. Projects have to be consistent with adopted local General Plan, adopted

Regional Transportation PlanlRegional MobilJty Plan, and adopted Air Quality

Management Plan

C. Road projects must be on federal aid eligible roadways, which are rural majorcollectors or urban coliectors roads or streets or higher road classifications

d. Transit improvement projects must be consistent with the policies and

standards in the Congeston Management Program

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INITIAL APPLICATION FORM CMAQIREGIONAL STP PROJECTS

Return to:

Public Works Agency, Transportation Department

Attention Nazir Lalani before June 13, 2003

I

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Program STP or CMAQ

Supervisorial District

Supervisor's Priority

Note: There should be two priority lists one for CMAQ, one for STP

Description: (Note: The more complete the description, the better PWA Gan analyze it.

Add additional page, if needed.)

Cost: (Attach your best guess-if you don't have any idea, just leave blank)

Justification: (Does the project do one of the following?)

a. Improve mobility

b. Improve air quality

C. Provide multi-jurisdictional benefits

d. Address multi-modal or High Occupancy Vehicle (HOV) needs

e. One of the following three

1. clean bus Oeet facilities

2. improved public transit

3. bicycle and pedestrian facilities and programsf. Funding leverage-are local or other funds available for the project? If so how much?

Location:

Additional comments:

1

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ATTACHMENT 0

TEA 21 Reauthorization Projects (Sept. 2003)

Estimated Funding Break Down

Project TiOe Project Cost Federa! Funds Local Match

1 Santa Clara Avenue Bike Lanes 950,000 $ 841,035 $ 108,965

I

2 Central Avenue Bike Lanes 399,000 $ 353,235 $ 45,765

3 Digital Road Inventory 110,000 $ 97,383 $ 12,617

4 Kanan Road Left Turn Lane ertension at $ 93,000 $ 82,333 $ 10,667

DoubletreeRoad

5 Piru Camulos Railffrail Project 6,8G5,940 $ 6,078,417 $ 787,523

6 Grimes Canyon Road widening at State Route $ 454,000 $ 401,926 $ 52,074

llg

7 Rice Avenue Intersection Improvement at $ 812,000 $ 718,864 $ 93,136

Channel Island Boulevard & Wooley Road

8 Rose Avenue Pedestrian Improvement at Rio $ 257,000 $ 227,522 $ 29,478

Del Valle School

I

9 Center School Road Bike Lanes $ 1,558,aoo $ 1,379,297 $ 178,703

10 State Route 33 Smart Crosswalks $ 225,000 $ 199,192 $ 25,808

11 Ojai Valley Trail Bridge Project 443,000 $ 392,188 $ 50,812

12 Rose Avenue at Central Avenue Intersection $ 397,000 $ 351)464 $ 45,536

Improvements

13 Ojai Valley Transit Services 600,000 $ 531,180 $ 68,820

14 Victoria Avenue Pedestrian Path $ 763,000 $ 675,484 $ 87,516

15 Donlon Road Realignrrnnt 1,7s1~00a $ 1,550,160 $ 200,840

16 Santa Ana Road FCasitas Vista Road Bike $ 13,253,000 $ 11,732,881 $ 1,520,119

Lanes

17 State Route 33 Signal Interconnect $ 1,190,000 $ 1,053,507 $ 136,493

18 State Route 33 Bus Shelters 76,000 $ 67,283 $ 8,717

19 State Route 33 Sigial Irhprovements $ 135,000 $ 119,515 $ 15,485

TEA21 lt fedenl bcat fund.xls 10f2

TEA 21 Reauthorization Projects (Sept 2003)Estimated Funding Break Down

Project Title Project Cost Federal Funds Local Match

I

20 State Route 33 Traffc Flow Improvements $ 75,000 $ 66,397 $ 8,603

21 Rose Avenue Bike Lanes 3,275,000 $ 2,899,358 $ 375,642

22 State Route 33 Half Signals 282,000 $ 249,654 $ 32,346

23 Santa Susana Pass Road Bike Lanes $ 5,314,000 $ 4,704,485 $ 609,515

24 Foothill Road Bike Lanes 12,325,000 $ 10,911,323 $ 1,413,677

I Total: 51,602,940 $ 40,684,083 $ 5,918,057

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TEA21 list federal local fund.)ds 20f2

CORRESPONDENCE AGENDA

The following 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. COMMUNICATIONS RECEIVED AND REFERRED TO COUNTY DEPARTMENTS AND AGENCIES FOR DIRECT REPLY OR DIRECT ACTION WITH COPIES OF RESPONSE TO BE FURNISHED TO SUPERVISORS AND THE CLERK OF THE BOARD 1. Letter from Wayne Larroque, Ventura County Retired Employees Association, regarding

Medicare Coverage under VCHCP. HUMAN RESOURCES/HEALTH CARE AGENCY

COMMUNICATIONS RECEIVED AND FILED BY THE CLERK OF THE BOARD ON BEHALF OF THE BOARD OF SUPERVISORS, WITH COPIES FURNISHED AS INDICATED.

One (1) card received from Scott Altman, regarding Protecting Vital Public Safety Programs.COUNTY EXECUTIVE OFFICE/SHERIFF�S DEPARTMENT

ALL OF THE ABOVE ITEMS HAVE BEEN FURNISHED TO EACH MEMBER OF THE BOARD OF SUPERVISORS

CORRESPONDENCE AGENDA - 1 - OCTOBER 21, 2003

http://gsa-docushare.countyofventura.org/dscgi/ds.py/Get/File-10048/20031016091140.PDF

http://gsa-docushare.countyofventura.org/dscgi/ds.py/Get/File-10049/20031016091147.PDF

4aRtq Ventura Coun Retired Employees Association

P. O. Box 7231

m -. b Ventnra, CA 93006-723 1O

1!.

2

Q (805) 644-7814 email: info(vcrea orz`, r

O Q41 r\\ website : www.vcrea.orgi

HMOft

Wayne Larroque, Pmident

George Mathews, 1#v.p.800 S. Victoria Avenue

Betty McCollum, 2'ulV.P.Ventur CA 93009 OCT O 9 2003Janet Bagby, Treasurer

Will Hoa& Seciatary

John Maclntyre, Ret BdRepRe: Medicare Coverage under VCHCP OFFICE OF CLERKVem Markley. Alt. Ret Bd Rep

Dianne CoinBOARD OF SUPERVISORS

Jim Crow Dear Board Members:Art Goulet

Susan Lacey

Kay Maloney For many years, the Ventura County Retired Employees AssociationAnn MichalsL

Bonnie Reeder (VCREA), with the cooperation ofthe County Human Resources Division

Donald Wright

Sharon Goudy.Exectitive(HRD), has been attempting to have a Medicare Plan provided under the

Assistant and EditorVentura County Health Care Plan (VCHCP) made available to retirees.

Maiorie Stone, Observer,Under cunent circumstances, a retiree who has continued under the VCHCPAssociate Membership

after retirement must, once he or she reaches 65, give up his or her coverage

under VCHCP and select one of the Medicare Health Maintenance

Organizations (HMO) made available to retirees by the County, ifhe or she chooses to take advantage

ofone

ofthe County-offered plans. The administrators ofVCHCP have been remarkably

unresponsive to requests for provision of a VCHCP Medicare Plan.

As examples ofthis unresponsiveness, the Board should be aware of the following:

1. A Board letter dated November 14, 2000 related to retiree health insurance, indicated that

HRD had asked VCHCP to explore adding an option for Medicare-eligible retirees, to beI

effective in 2002.

2. On August 24, 200 1, Clare Tumer ofHRD sent a memo to the administrators ofVCHCPI

asking about the earlier request for the Medicare option for retirees, but received no response.3. On March 14, 2002, then Supervisor Schillo contacted the administiators ofVCHCP regarding

a Medicare option for retirees. He was promised that the issue would be researched and heI would be responded to. There was no response.

4. On March 18, 2002, Karen Davis ofVCHCP advised Clare Tumer ofHRD that VCHCP would

be required obtain a license to offeran

additional retiree health plan option, and that VCHCP

was not exoloring such an oation.

5. On August 22, 2003, Barbara Joumet sent a memo to the administrators ofVCHCP asking

again that VCHCP review the option of offering either VCHCP, with Medicare being primary,

or a VCHCP supplement type plan. She received no response to her memo.6. At the Labor-Management Committee meeting of September 1 8, 2003, Lany Keller of

VCHCP was asked about what proyess was being made in the exploration of a Medicareoption. He responded that it would take several months to develop a rate structwe and that alicense would have to be obtained in order to provide such an option.

It is apparent that VCHCP has no interest in providing a Medicare option for retirees. This is most

unfoitunate because many retirees remain covered under VCHCP after retirement because they like

the plan, the clinics, the doctors, and the quality ofthe service. However, upon reaching 65, they are

unceremoniously ejected fom VCHCP and are forced to look elsewhere for a Medicare Supplement

or a Medicare HMO. This isunfair and, as the Board may be aware, increasingly difficult as the

Medicare HMO possibilities (outside ofthe County-offered plans) are dwindling. Further, we believe

that inclusion ofretirees under Medicare in VCHCP, where Medicare is the primary insurer, may be

financially beneficial to VCHCP, since VCHCP only has to bear those expenses that Medicare doesn't

cover.

With regard to Mr. Keller's assertion that "it would take months to develop a rate stiacture," vcrzA

has it on good authori that this is untrue and that a rate stmcture can quickly be established. In any

event, VCHCP's recalcitrance will undoubtedly result in no Medicare option being made available to

retirees for yet another plan year.

VCREA asks that the Board intervene and explicitly direct the administrators ofVCHCP to

immediately retum with a proposed Medicare plan that can be implemented for the next plan year, so

that those retirees currently in VCHCP will not be forced to look elsewhere. We also ask that the

Board consider allowing those retirees forced out ofVCHCP in the past due to current practice beI

allowed to reenter a VCHCP Medicare plan ifthey so choose. Finally, we ask that retirees who were

forced out of County-offered coverage because of past practice also be allowed to re-enter anyCounty-offered Medicare plan.

We look forward to a timely response and feedback on what progress is being made in dealing with

this issue that is ofextreme importance to Medicare eligible retirees, and thank you in advance for

yow assistance.

Sincerely,

Wayne Larroque- f

President

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fllirr~nll Ventura County

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aJPlease pr~nf IfLocation HO. l?'h

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"Pleose Keep Our County Sofe by ; Ventura, CA 93009Protecting Vital Pub i6ifety Pr a

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i_,y`'it IknI ISigned:

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regular meeting agenda - Granicus

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