MICHAEL POWERS County Executive Officer and Clerk of the Board of Supervisors BRIAN PALMER Chief Deputy Clerk of the Board (805) 654-2251 LEROY SMITH County Counsel BOARD OF SUPERVISORS REGULAR MEETING - 8/4/2015* OFFICIAL SUMMARY MINUTES AUGUST 4, 2015 Board of Supervisors Ventura County County Government Center Hall of Administration Board of Supervisors Hearing room 800 South Victoria Avenue Ventura, California 93009 Members of the Board KATHY I. LONG, District 3 CHAIR Camarillo, Port Hueneme, Southeast Oxnard, East Oxnard Plain, Santa Paula, Fillmore, Piru, East Lockwood Valley, and Eastern Portion of Naval Base Ventura County Port Hueneme STEVE BENNETT, District 1 San Buenaventura, Montalvo, Saticoy, Ojai Valley, City of Ojai, Upper Ojai Valley, Riverpark, Northwest Oxnard, North Coast and West Lockwood Valley LINDA PARKS, District 2 VICE CHAIR Thousand Oaks, Newbury Park, Westlake Village, Oak Park, Bell Canyon, Hidden Valley, Lake Sherwood, Somis, Las Posas Valley, California State University Channels, Portions of the Oxnard Plain, Santa Rosa Valley, Naval Base Ventura County Point Mugu, California Air National Guard, and South Coast PETER C. FOY, District 4 Simi Valley, Moorpark, Santa Susana Knolls, Box Canyon, Chatsworth Peak, Home Acres, Sinaloa Lake, and Tierra Rejada Valley JOHN C. ZARAGOZA, District 5 Oxnard, Oxnard Shores, Mandalay Bay, Silver Strand, Hollywood Beach, Hollywood By the Sea, Channel Islands Harbor, El Rio, Nyeland Acres, Del Norte Area, Oxnard College, Oxnard Plain, Strickland and Portion of Naval Base Ventura County Port Hueneme OPENING 1. Call to Order. 2. Roll Call. Members Present: Staff Present: Steve Bennett, Linda Parks, Peter C. Foy, John C. Zaragoza, and Kathy I. Long. Michael Powers, County Executive Officer; Leroy Smith, County Counsel; Jeffery S. Burgh, Auditor-Controller; and Brian Palmer, Chief Deputy Clerk of the Board. 3. Pledge of Allegiance to the Flag of the United States of America. BOARD OF SUPERVISORS SUMMARY 1 August 4, 2015
OPENING, CONTINUED 4. Minutes of the meeting of the County and Special Districts governed by the Board held July 28, 2015. Moved by Steve Bennett, seconded by Linda Parks 5. Agenda Review. as Modified #12 HARBOR DEPARTMENT Authorization to Execute an Exclusive Authorization of Lease with NAI Capital for Real Estate Brokerage Services for Parcel K-1 Comment Letters from Audrey Keller, Mike Mercandante, and Dotty Pringle-Haymons have been submitted; #23 and #24 PUBLIC WORKS AGENCY Public Hearing Regarding Adoption of a Resolution Approving the Proposed Water Allocation Rate Increase, Pass Through and Refund of Surcharges and Revisions to Rules and Regulations for Waterworks Districts No. 17 and 38 Respectively A Power Point Presentation to be used for both items has been submitted; #25 RESOURCE MANAGEMENT AGENCY Public Hearing Regarding Screening of Proposed Privately-Initiated General Plan Amendment to Change Land Use Designation from Agricultural to Existing Community A Power Point Presentation has been submitted; #26 SUPERVISOR BENNETT Request to Reconsider Motion No. 1 from Item No. 41 from October 28, 2014 Board of Supervisors Meeting Pertaining to Sidewalk Repair A Comment Letter from Barry Gabrielson has been submitted; #27 PUBLIC WORKS AGENCY Public Hearing Regarding Updated Report of Sidewalk Repairs and Costs A Power Point Presentation has been submitted; #28 RESOURCE MANAGEMENT AGENCY Receive and File a Report and Provide Direction to Staff Regarding Ventura County General Plan Update A Board Letter and Exhibits 1 through 3 have been submitted. ADDENDUM AGENDA #34 SUPERVISOR PARKS Recommendation to Establish Board Policy for Notification Regarding Controversial Agenda Items Comment Letters from Audrey Keller, Mike Mercandante, Lauraine Effress, Robert Chatenever, and Sandy Bardos have been submitted. Moved by Steve Bennett, seconded by John C. Zaragoza BOARD OF SUPERVISORS SUMMARY 2 August 4, 2015
OPENING, CONTINUED 6. Moment of Inspiration - Hannah Hassien and Francesca Cerri, Ventura County 4-H All-Stars, University of California Cooperative Extension 4-H Youth Development Program. 7. Consent Agenda Items 11-16. Item Nos. 11-14 and 16 8. Public Comments. Michael Nigh comments on serving as the new Executive Director of the Area Housing Authority of the County of Ventura; comments on housing programs serving low income residents; comments on future reporting about Area Housing Authority activities to each Board member on a monthly basis; and comments on making Board packets and statistical information readily available on the program s web site. 9. Board Comments. Supervisor Zaragoza Comments on Vickie Swainson s retirement after 31 years of outstanding service to the City of Oxnard; adjournments. Supervisor Bennett Adjournments; comments on request that the CEO coordinate a comprehensive presentation for the predicted El Niño Winter in view of Supervisor Long informing him that the Emergency Planning Council is organizing an agency-wide emergency preparation in the middle of October; comments on attending the Closing Ceremony for We Remember: Ventura County to Vietnam and Back at the Museum of Ventura County; and comments on the County delivering excellent healthcare services in spite of emphasis in the funding of resources rather than the actual delivery of services. Supervisor Parks Comments on attending the Kiwanis Club 50 th Anniversary in Thousand Oaks; comments on attending the CEO State of the County at the Ventura County Taxpayers Association luncheon; comments on Westlake High School physics teacher Scott Holloway being recognized and receiving the Presidential Award for Excellence in Mathematics and Science Teaching from President Barack Obama; and adjournments. BOARD OF SUPERVISORS SUMMARY 3 August 4, 2015
OPENING, CONTINUED 9. Board Comments, continued Supervisor Foy Comments on attending the CEO State of the County ; and comments on Mary Leavens Schwabauer as this year s Ventura County Fair Parade Grand Marshal. Supervisor Long Adjournment; comments on the Auditor-Controller Jeffery Burgh being awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada; comments on the National Association of Counties release of information on MedicAid and the basis for it; and comments on the County s role in healthcare, the challenges for communities, and how well the County is doing. 10. CEO Comments. Mike Powers Comments on Ventura County Medical Center increasing number of operating room nurses to bring staffing levels up to meet needs, and requests being granted for a sleep room, additional human resources positions to expedite nurse staffing, and addition of specialty nursing positions; comments on the State of the County presentations made at the County Government Center as well as the Taxpayers Association luncheon in Thousand Oaks, thanking the various departments that assisted in its preparation; and comments on meeting with State Director of Child Support Services, and the County s innovative program and effective call center. CONSENT AGENDA FIRE PROTECTION DISTRICT 11. Approval of Ventura County Fire Protection District s Fire Hazard Reduction Program Account of Expenses for Fiscal Year 2014-15; and Direct the Fire Chief to Deliver the Account Expenses to the Auditor-Controller. BOARD OF SUPERVISORS SUMMARY 4 August 4, 2015
CONSENT AGENDA, CONTINUED HARBOR DEPARTMENT 12. Authorization for the Harbor Director to Execute an Exclusive Authorization of Lease with NAI Capital to Provide Real Estate Brokerage Services for Parcel K-1 Whale s Tail Restaurant., heard as Regular Agenda item HEALTH CARE AGENCY - Ventura County Medical Center 13. Approval of, and Authorization for the Purchasing Agent to Execute, a Contract with AMN Healthcare, Inc., for Temporary Traveling Nurses for Ventura County Medical Center and Santa Paula Hospital, in the Not to Exceed Amount of $350,000 for Fiscal Year 2015-16. HEALTH CARE AGENCY - Ventura County Medical Center, Continued 14. Approval of, and Authorization for the Health Care Agency Director to Sign, the First Amendment to Agreement for Attending Physician, Physical Medicine and Rehabilitation Services with Daniel Lee, M.D., M.S., in an Annual Maximum Amount of $254,000, Effective August 1, 2015; and Ratification of Authorization for Contractor to Continue Providing Services. BOARD OF SUPERVISORS SUMMARY 5 August 4, 2015
CONSENT AGENDA, CONTINUED PUBLIC WORKS AGENCY - County of Ventura 15. Approval of, and Authorization for an Adjustment to County Surcharge Fee at the Simi Valley Landfill from the Current Rate of $2.85 to $2.89 per Ton, Effective January 1, 2016; Supervisorial District No. 4., heard as Regular Agenda item Moved by Linda Parks, seconded by Steve Bennett Vote: Motion carried 4-1 Yes: Steve Bennett, Linda Parks, John C. Zaragoza, and Kathy I. Long. No: Peter C. Foy. RESOURCE MANAGEMENT AGENCY - Environmental Health 16. Receive and File the Hazardous Materials Discharge Report for July 18, 2015 through July 24, 2015 - Proposition 65. TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS 9:30 A.M. 17. Recommendation of Supervisor Long and Supervisor Zaragoza to Approve Renaming Ventura County Watershed Protection District Facilities from Oxnard Industrial Drain to Ormond Lagoon Waterway and from J Street Drain to tšumaš (chumash) creek; and Authorization for the Ventura County Watershed Protection District Director to Update the List of Channels Within the Comprehensive Plan of the Ventura County Flood Control District to Reflect the New Channel Names. Moved by John C. Zaragoza, seconded by Peter C. Foy BOARD OF SUPERVISORS SUMMARY 6 August 4, 2015
TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS, CONTINUED 10:00 A.M. 18. Receive and File Annual Report of the Real Estate Fraud Prosecution Program for the Period of July 1, 2014 through June 30, 2015. Motion: Receive and File Moved by Kathy I. Long, seconded by John C. Zaragoza 19. Public Hearing Regarding Adoption of a Resolution Amending the Department of Airports Rent and Fee Schedule to Correct the Utility Surcharge for County Hangars from $9 per Month to $11 per Month, Effective July 1, 2015. Moved by John C. Zaragoza, seconded by Peter C. Foy 10:30 A.M. 20. Second Public Hearing Regarding Adoption of an Ordinance Establishing a Second Assessment Appeals Board; Appoint Brian Sisk, Lee Hess and Patricia Little to Assessment Appeals Board Number 2 as Regular Board Members for Terms of Three Years, Two Years and One Year, Respectively, Effective September 7, 2015; and Reappoint Jim Crow to Serve on Assessment Appeals Board Number 1 as a Regular Board Member for a Two-Year Term Effective September 7, 2015. Moved by Peter C. Foy, seconded by Linda Parks BOARD OF SUPERVISORS SUMMARY 7 August 4, 2015
TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS, CONTINUED 10:30 A.M., Continued 21. Second Public Hearing Regarding Adoption of an Ordinance Authorizing Supervision Fees for Defendants Placed on Mandatory Supervision, and to Repeal Ordinance Number 3577. Moved by Linda Parks, seconded by John C. Zaragoza 22. Public Hearing to Consider Approval of the Upper Ojai Valley Fire Station #20 Project Including the Granting of Conditional Use Permit PL13-0148, Approval of a Zoning Variance, and Adoption of a Mitigated Negative Declaration Under the California Environmental Quality Act; Supervisorial District No. 1. 11:00 A.M. 23. Public Hearing Regarding Adoption of a Resolution Approving the Proposed Water Allocation Reductions, Water Rate Increase, and Pass Through and Refund of Surcharges, and Revisions to Rules and Regulations; Ventura County Waterworks District No. 17, Bell Canyon; Supervisorial District Nos. 2 and 4. Moved by Linda Parks, seconded by Peter C. Foy BOARD OF SUPERVISORS SUMMARY 8 August 4, 2015
TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS, CONTINUED 11:00 A.M., Continued 24. Public Hearing Regarding Adoption of a Resolution Approving the Proposed Water Allocation Reductions, Water Rate Increases, and Pass Through and Refund of Surcharges, and Revisions to Rules and Regulations; Ventura County Waterworks District No. 38, Lake Sherwood; Supervisorial District No. 2. Moved by Linda Parks, seconded by Steve Bennett 1:30 P.M. 25. Public Hearing Regarding Screening of Proposed Privately-Initiated General Plan Amendment to Change the Land Use Designation of 13.5 Acres of Assessor Parcel Number 163-0-010-795 from Agricultural to Existing Community (Case No. PL15-0014); Supervisorial District No. 2. Moved by Linda Parks, seconded by Steve Bennett BOARD OF SUPERVISORS SUMMARY 9 August 4, 2015
TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS, CONTINUED 2:30 P.M. 26. Request of Supervisor Bennett for Reconsideration of Motion Number One of Item Number 41 from the October 28, 2014 Board of Supervisors Agenda (a Policy Item Pertaining to Sidewalk Repair); Recommendation to Rehear the Item at 2:30 PM on August 4, 2015; Recommendation to Deny Motion Number One; and Recommendation to Authorize Staff to Perform Sidewalk Grinding as a Temporary Repair Measure in Situations Where Staff Concludes That Grinding is the Appropriate Remedy, and Where Grinding is Performed, the Cost Shall be Borne by the Property Owner in the Manner of Other Sidewalk Repairs. Motion: Reconsider Moved by Steve Bennett, seconded by John C. Zaragoza Vote: Motion carried 4-1 Yes: Steve Bennett, Peter C. Foy, John C. Zaragoza, and Kathy I. Long. No: Linda Parks. Recommendation Nos. 3 and 4 to Deny Motion No. 1 of Item No. 41 from the October 28, 2014 BOS Meeting; and to Authorize staff to perform sidewalk grinding as a temporary repair measure in situations where staff concludes that grinding is the appropriate remedy, and where grinding is performed, the cost shall be borne by the property owner in the manner of other sidewalk repairs Vote: Motion carried 4-1 Yes: Steve Bennett, Peter C. Foy, John C. Zaragoza, and Kathy I. Long. No: Linda Parks. BOARD OF SUPERVISORS SUMMARY 10 August 4, 2015
TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS, CONTINUED 2:30 P.M., continued 27. Public Hearing Regarding the Updated Report of Sidewalk Repairs and Costs; Receive, File, and Confirm the Report; Assess the Costs of Repairs Against the Specified Properties as Special Assessments and Liens; Direct the Public Works Agency Transportation Department Director to Turn Over Liens to the Auditor- Controller, and Direct the Auditor-Controller to Add the Assessments to the Next Property Tax Bill; and Approval of Payment and Notification Process for Future Pavement Projects that Include Sidewalk Repair/Replacement; All Supervisorial Districts. as Modified and to change responsibility of the cost for grinding from the County to the homeowner Vote: Motion carried 4-1 Yes: Steve Bennett, Peter C. Foy, John C. Zaragoza, and Kathy I. Long. No: Linda Parks. 3:00 P.M. 28. Receive and File a Report and Provide Further Direction to Staff Regarding the Scope of Work for the Ventura County General Plan Update. Motion: Receive and File Moved by Steve Bennett, seconded by John C. Zaragoza BOARD OF SUPERVISORS SUMMARY 11 August 4, 2015
REGULAR AGENDA BOARD OF SUPERVISORS 29. Recommendation of Supervisor Bennett to Direct the CEO to Report Back on September 15th Regarding County Agency Preparations for Potential Flooding and Storm Damage During the Predicted El Niño Winter. as Modified to ask the CEO to coordinate with the Emergency Planning Council to provide comprehensive report in October Moved by Steve Bennett, seconded by John C. Zaragoza 30. Recommendation of Supervisor Bennett to Direct the CEO to Study and Report Back to the Board on the Possibility of Making the Vacated Fire Station #20 Available to the Sheriff s Upper Ojai Search and Rescue Team. Moved by Steve Bennett, seconded by Kathy I. Long COUNTY EXECUTIVE OFFICE 31. Public Hearing Regarding the Adoption of the Amendment to the Amended Memorandum of Agreement 2014-2018 with the Ventura County Deputy Sheriffs Association. (Proposed Salary and Benefit Increases No Material Impact on Funding Status of Retirement System) Moved by John C. Zaragoza, seconded by Peter C. Foy BOARD OF SUPERVISORS SUMMARY 12 August 4, 2015
CORRESPONDENCE AGENDA Receive and File Correspondence Agenda Items 32 through 33 - Communications Received and Filed by the Clerk of the Board on Behalf of the Board of Supervisors, with Copies Furnished as Indicated. 32. Receive and File Correspondence from Senator Hannah-Beth Jackson Regarding Proposed Projects Pertaining to the California Public Utilities Commission Proceeding A.14-11016. Motion: Receive and File Moved by Peter C. Foy, seconded by Linda Parks 33. Receive and File Correspondence from the Civil Service Commission Regarding Quarterly Report for the Fourth Quarter and Fiscal Year Ending June 30, 2015. Motion: Receive and File Moved by Peter C. Foy, seconded by Linda Parks ADDENDUM ITEM REGULAR AGENDA POLICY MATTERS 34. Recommendation of Supervisor Parks to Establish Board Policy for Notification Regarding Controversial Agenda Items. Motion: Deny stated recommendations Moved by Steve Bennett, seconded by John C. Zaragoza Vote: Motion carried 3-2 Yes: Steve Bennett, John C. Zaragoza, and Kathy I. Long. No: Linda Parks, and Peter C. Foy. BOARD OF SUPERVISORS SUMMARY 13 August 4, 2015