JOHN F. JOHNSTON, County Executive Officer and Clerk of the Board of Supervisors ROBERTA RODRIGUEZ, Chief Deputy Clerk of the Board (805) 654-2251 NOEL A. KLEBAUM, County Counsel WEB ACCESS At:  http://www.countyofventura.org Live Broadcast and Video Archives Board Calendar, Agenda, Agenda  Items, and Summary of Actions	REGULAR MEETING AGENDA September 18, 2007 8:30 AM     Board of Supervisors Ventura County County Government Center Hall of Administration Board of Supervisors Hearing Room 800 S. Victoria Avenue Ventura, California 93009	MEMBERS OF THE BOARD LINDA PARKS, District 2 CHAIR Thousand Oaks, Newbury Park, Westlake, Oak Park, Bell Canyon, Hidden Valley, Lake Sherwood, Portions of the Oxnard Plain, Santa Rosa Valley, Naval Base Ventura County Point Mugu, California Air National Guard, and South Coast STEVE BENNETT, District 1 San Buenaventura, Montalvo, Saticoy, Ojai Valley, City of Ojai, Upper Ojai Valley, Oxnard Shores, Mandalay Bay, Northwest Oxnard, and North Coast KATHY I. LONG, District 3 Camarillo, California State University/Channel Islands, Port Hueneme, Southeast Oxnard, East Oxnard Plain, Santa Paula, Fillmore, Piru,  Lockwood Valley, and Eastern Portion of Naval Base Ventura County Port Hueneme PETER C. FOY, District 4 Simi Valley, Moorpark, Somis, Las Posas Valley, Santa Susana Knolls, Box Canyon, Chatsworth Peak, Home Acres, Sinaloa Lake, and Tierra Rejada Valley JOHN K. FLYNN, District 5 Oxnard, Silver Strand, Hollywood Beach, Hollywood By the Sea, Channel Islands Harbor, El Rio, Nyeland Acres, Del Norte Area, Oxnard College,  Oxnard Plain, Strickland and Portion of Naval Base Ventura County Port Hueneme
Persons who require accommodation for any audio, visual or other disability in order to review an agenda, or to participate in a meeting of the Board of Supervisors per the American Disabilities Act (ADA), may obtain assistance by requesting such accommodation in writing addressed to the Clerk of the Board, 800 South Victoria Avenue, Loc. #1920, Ventura, CA  93009 or telephonically by calling (805) 654-2251.  Any such request for accommodation should be made at least 48 hours prior to the scheduled meeting for which assistance is requested.

LEGAL NOTICES

Welcome to the Meeting of the Board of Supervisors of the County of Ventura, also sitting as the Governing Board of the Ahmanson Ranch Community Services District, County Service Districts, Fire Protection District, Lake Sherwood Community Services District, Redevelopment Agency of the County of Ventura, Watershed Protection District, Ventura County In-Home Supportive Services Public Authority, Ventura County Library, Ventura County Public Financing Authority, and the Waterworks Districts.

The following information is provided to help you understand, follow, and participate in the Board meeting:

Pursuant to California Government Code Section 54953 (a) et. al., time is set aside for citizen presentations regarding County related matters.  Those wishing to speak must fill out a speaker card and submit it to the Clerk.  Speaker cards for issues not on the agenda must be submitted to the Clerk prior to the beginning of the public comment period.  Agendized item, speaker cards must also be submitted before the item is taken up for consideration.   The Clerk may not accept any additional speaker cards once an item commences. 

            Items on the Consent calendar may be voted on in one motion at the beginning of the meeting. 

            If you wish to discuss any of these items, please fill out a “Speaker Card.”  The Board will either

            move the item to the regular agenda or allow the speaker his or her time prior to the Board’s

            consideration of the Consent Agenda.

            Regular Agenda items are not Time Certain items and they will be heard at the Board’s discretion, either before or after scheduled Time Certain Appointments and Hearings.

Correspondence Agenda matters are being presented to the Board for information. These items require no action or are not ready for Board consideration. The Clerk of the Board may refer these matters to the County Departments and Agencies for acknowledgement, investigation and report back, direct action or response as appropriate. Report back to the Board may appear on Agenda for action by the Board of Supervisors or for informational purposes upon dates indicated below as appropriate.

            Members of the public making oral presentations to the Board in connection with one or more

            agenda or non-agenda items at a single meeting are limited to a cumulative total of time not to

            exceed five (5) minutes for all of their oral presentations at such meeting unless otherwise

            provided.  The entire public comment period is limited to no more than thirty (30) minutes total for all speakers.   NOTE:  The Chair may limit the number or duration of speakers on a matter

            pursuant to amended Resolution #205 of the Board of Supervisors establishing rules relating

            to oral presentations by members of the public dated September 18, 2001.

            Reports and supporting data can be reviewed in the Office of the Clerk of the Board

            of Supervisors the Thursday, Friday and Monday before the meeting.  The reports and

            supporting data are also available on the County’s Internet site at

http://www.countyofventura.org.

REMINDER:  In order to minimize distractions during public meetings, all personal communication

devices should be turned off or put in a non-audible mode.

OPENING

1. Call to Order.

2. Roll Call.

3. Moment of Affirmation - Pastor Dan Hull, The First Church of the Nazarene, Ventura.

4. Pledge of Allegiance.

5. Minutes of the meeting of the County and Special Districts governed by the Board held Tuesday, July 10, 2007. MATERIALS WILL BE MADE AVAILABLE MONDAY, SEPTEMBER 17, 2007

6. Agenda Review - Consider and approve, by majority vote, minor revisions to Board items and/or attachments and any item added to, or removed/continued from, the Board of Supervisors Agenda.

7. Consent Agenda Items 10 - 12 - Review and approve unless an item is pulled for separate action by the Board and moved to the Regular agenda for consideration.  Consent items are to be routine and non-controversial.  All items are approved as recommended without discussion.  (See Guidelines above)

8. Public Comments - Citizen presentations regarding County related matters NOT appearing on this agenda.  (See Guidelines above)

9. Board Comments - Comments by Board members on matters they deem appropriate including memorial adjournments. A Board member may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. A Board member may also provide a reference to staff or other resources for factual information, or request staff to report back to the body at a subsequent meeting concerning any matter. The Board may also direct staff to place a matter of business on a future agenda.

CONSENT AGENDA

RESOURCE MANAGEMENT AGENCY - Environmental Health

10. Receive and File the Hazardous Material Discharge Reports for September 1, 2007 Through September 7, 2007 - Proposition 65.

CEO RECOMMENDS APPROVAL AS PROPOSED

TREASURER-TAX COLLECTOR-PUBLIC ADMINISTRATOR

11. Receive and File the Report of Receipts and Disbursements for the Month Ending July 31, 2007.

CEO SUPPORTS RECOMMENDATION

12. Receive and File the Report of Receipts and Disbursements for the Month Ending August 31, 2007.

CEO SUPPORTS RECOMMENDATION

TIME CERTAIN ITEMS, PRESENTATIONS AND HEARINGS

9:30 A.M.

13. Presentation of a Resolution Honoring Real Estate Professionals and Leaders for Youth on Their Fundraising Efforts for the Ventura County Foster Care Program. (Supervisor Bennett – 10 Minutes)

14. Presentation Honoring 16 Members of "2007 National Champion Westlake-Agoura Girl's Softball U-16 Team": Brittany Oster, Kathryn Klamecki, Mark Zeolla, Dina Barmasse, Donn James, Sefan Valentino, Jeff Klamecki, Allison James, Brianna Zeolla, Ciara Zeolla, Nicole Werdesheim, Stefany Valentino, Emily Sampson, Rose Zeolla, Brett Hall and Kelly Barmasse. (Supervisor Parks – 5 Minutes)

15. Presentation Honoring 13 Members of the “Ventura County Stars” for Winning the Gold Medal at the Nevada Police and Fire Games in Co-Ed Softball: Armando Magallanes, Silvestre Alvarez, Robert Pacheco, Tony Hart, Manuel Padilla, Carlos Rodriguez, James Davis Jr., Kathleen Torres, Rebecca Jimenez, Sandra Carillo, Theresa Hart, Blanca Rodriguez and Patricia Olivares. (Supervisor Parks – 5 Minutes)

16. Presentation of a Resolution Proclaiming September 2007 as "Recovery Happens" Month. (Supervisor Parks - 5 Minutes)

17. Discuss and File the Report of Investments for the Month Ending July 31, 2007, Including Market Values for Investments for the Month. (Treasurer-Tax Collector - 5 Minutes)

CEO SUPPORTS RECOMMENDATION

18. Discuss and File the Report of Investments for the Month Ending August 31, 2007, Including Market Values for Investments for the Month. (Treasurer-Tax Collector - 5 Minutes)

CEO SUPPORTS RECOMMENDATION

19. Second Hearing Regarding the Final Adoption of a Revision to the Current Memorandum of Agreement (MOA) between the County of Ventura and the California Nurses Association (CNA). (Heard on September 11, 2007 - Item 51) (County Executive Office – 5 Minutes)

CEO RECOMMENDS APPROVAL AS PROPOSED

10:00 A.M.

20. Presentation of a Resolution Honoring Fire Marshal Diane Morgan Upon her Retirement from the Ventura County Fire Protection District and for her 21 Years of Service to Ventura County. (Supervisor Long - 5 Minutes)

21. Public Hearing Regarding an Administrative Fee Increase for the Fire Hazard Reduction Program (FHRP), Effective January 1, 2008. (Fire Protection District – 5 Minutes)

CEO RECOMMENDS APPROVAL AS PROPOSED

22. Public Hearing Regarding the Adoption of a Resolution Granting a Water Franchise to Warring Water Service, Inc., Franchise No. 1.10.101, Replacement of Franchise Ordinance No. 483, Piru Area, Supervisorial District No. 3. (Public Works Agency - 5 Minutes)

CEO RECOMMENDS APPROVAL AS PROPOSED

23. Receive and File a Presentation by Dr. Kristen Donovan of Evalcorp, Inc., Regarding the Development and Implementation of Social Host Liability Laws to Address and Deter Underage Drinking Parties in Ventura County. (Supervisor Long – 15 Minutes)

10:30 A.M.

24. Recommendation of Supervisor Flynn to Cancel the Decision of December 19, 2006 and to Reconsider the December 9, 2003 Agreement. (Supervisor Flynn - 20 Minutes)

11:00 A.M.

25. Public Hearing Regarding Repealing and Reenacting the Mobil Home Park Rent Control Ordinance, Amending Section 6, Thereof, By (1) Substituting the Social Security Cost of Living Adjustment Annual Percentage for the Consumer Price Index-Urban (CPI-U), (2) Adding a Provision in Section 6 Governing How Park Owner Units that are Currently Exempt from Rent Control Return to Rent Control Upon Sale, and (3) Revising the Section 6 Decontrol Cap Upwards, from $60 to $72. SET SECOND HEARING ON SEPTEMBER 25, 2007 AT 9:30 A.M. (Resource Management Agency – 30 Minutes)

11:30 A.M.

26. Recommendation of Supervisor Foy to Direct the County Executive Office to Initiate Procedures to Direct Collections of All Resource Management Agency (RMA) Fines and Fees to the County General Fund, and  Report Back on Use of a Flat Rate Versus an Hourly Rate for These Fees. (Continued from September 11, 2007 – Item 58) (Supervisor Foy – 30 Minutes)

Closed Session - It is the intention of the Ventura County Board of Supervisors and Ventura County Watershed Protection District Board to meet in Closed Session to consider the following items at 12:00 p.m. or earlier based on Agenda progress:

BEFORE THE VENTURA COUNTY BOARD OF SUPERVISORS:

27. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, § 54957.6)

COUNTY DESIGNATED REPRESENTATIVES:  Marty Robinson, John K. Nicoll
EMPLOYEE ORGANIZATIONS:
Service Employees International Union, Local 998
California Nurses Association
Ventura County Deputy Sheriff’s Association
Ventura County Sheriff’s Correctional Officers’ Association
Ventura Employee Association

28. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code, § 54956.9)

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

People v. Leo Medina; Ventura County Superior Court Case No. 2005028043

Frank R. Brucker 2000 Charitable Remainder Trust; Ventura County Superior Court Case No. 56-007-00288561-PR-TR-VTA

29. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Gov. Code, § 54956.9)

ANTICIPATED LITIGATION PURSUANT TO SUBDIVISION (c) OF SECTION 54956.9:
1 POTENTIAL CASE

30. PUBLIC EMPLOYEE EVALUATION (Gov. Code, § 54957)

TITLE:  COUNTY SURVEYOR

TITLE:  COUNTY ROAD COMMISSIONER

BEFORE THE VENTURA COUNTY WATERSHED PROTECTION DISTRICT BOARD:

31. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code, § 54956.9)

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

NAME OF CASE:  Ladd and Associates and Safeco Insurance Company of America v. County of Ventura, et al., Office of Administrative Hearings Case No. A-0025-04

REGULAR AGENDA

HEALTH CARE AGENCY - Behavioral Health

32. Ratification of, Approval of, and Authorization for the Submittal of a Ventura County Community Foundation Grant Application, and for the Behavioral Health Department Acting Director to Sign the Grant; and Approval of the Receipt of Grant Funds to be Used for a Substance Abuse and Family Violence Training Event Scheduled to Coincide with Recovery Happens Month. REQUIRES 4/5THS VOTE

CEO RECOMMENDS APPROVAL AS PROPOSED

HEALTH CARE AGENCY - Ventura County Health Care Plan

33. Ratification of, Approval of, and Authorization for the Health Care Agency Director to Enter Into an Agreement with Zurich American Insurance Company to Provide Medical Claims Reinsurance (Stop Loss Insurance) Coverage to the Ventura County Health Care Plan (VCHCP), for the Period from July 1, 2007 Through June 30, 2008.
AGREEMENT ON FILE WITH THE CLERK OF THE BOARD

CEO RECOMMENDS APPROVAL AS PROPOSED

HEALTH CARE AGENCY - Ventura County Medical Center

34. Ratification of, Approval of, and Authorization for the Director of the Health Care Agency, or Designee, to Sign Amendments to Agreements for Attending Physician Services-Hospitalist with Jason Rowley, M.D. and Grace Lin, M.D., Effective August 1, 2007; and for the Director, Orthopaedic Trauma Services, Emily Benson, M.D., Effective October 1, 2007; Ratification of, Approval of, and Authorization for Purchasing Agent to Sign Amendments with the Above Named Physicians.
AGREEMENTS ON FILE WITH THE CLERK OF THE BOARD

CEO RECOMMENDS APPROVAL AS PROPOSED

COUNTY EXECUTIVE OFFICE

35. Approval of a Request for Continuance of the July 24, 2007 Agenda Item 47 "Receive and File Report Back on Boards, Commissions, Committees, and Districts" to October 2, 2007.

CEO RECOMMENDS APPROVAL AS PROPOSED

36. Approval of the 2006-07 Ventura County Grand Jury Responses to be Submitted to the Presiding Judge of the Superior Court in Accordance with State Statute.

CEO RECOMMENDS APPROVAL AS PROPOSED

POLICY MATTERS

37. Recommendation of Supervisor Parks to Appoint Jack Edelstein to the Alcohol and Drug Advisory Board.

CORRESPONDENCE AGENDA

Receive and File Correspondence Agenda Items 38 Through 44 - Communications Received and Filed by the Clerk of the Board on Behalf of the Board of Supervisors, with Copies Furnished as Indicated.

38. Receive and File Correspondence from J. D. Snellstrom, Associate Governmental Program Analyst, State of California Fish and Game Commission, Regarding Proposed Regulatory Action Relating to Sport Fishing Cleanup Regulations, Which Will Appear in the California Regulatory Notice Register on September 7, 2007.

HARBOR DEPARTMENT

39. Receive and File Correspondence from Sherrie Koell, Associate Governmental Program Analyst, State of California Fish and Game Commission, Regarding Proposed Regulatory Action Relating to Prohibition Against Feeding Big Game Mammals (Section 251.3, Title 14, California Code of Regulations), Which Will Appear in the California Regulatory Notice Register on September 7, 2007.

HARBOR DEPARTMENT

40. Receive and File Correspondence from Sherrie Koell, Associate Governmental Program Analyst, State of California Fish and Game Commission, Regarding Proposed Regulatory Action Relating to Ecological Preserves (Section 630, Title 14, California Code of Regulations), Which Will Appear in the California Regulatory Notice Register on September 7, 2007.

HARBOR DEPARTMENT

41. Receive and File Correspondence from David Liebler, Director of Public Affairs & Member Services, California State Association of Counties (CSAC), Regarding the Ventura County Wetland Project Permitting Guide Program Selection to Receive a Merit Award in CSAC's Annual Statewide Challenge Award Competition.

RESOURCE MANAGEMENT AGENCY - PLANNING

42. Receive and File Correspondence from Paul Miller, Mayor of the City of Simi Valley, in Support of the Ventura County Sheriff's Proposal to Add Two Deputies at the County Jail to Assist Immigration and Customs Enforcement (ICE) Agents in the Illegal Immigrant Screening Process.

SHERIFF'S DEPARTMENT

43. Receive and File Correspondence from Richard Willson, Executive Vice President, Wholesale Business Unit - West, Interstate Brands Corporation, Regarding Worker Adjustment and Retraining Notification of an Anticipated Mass Layoff.

COUNTY EXECUTIVE OFFICE-HUMAN RESOURCES/ HUMAN SERVICES AGENCY

44. Receive and File Correspondence from Robert J. Scoble Regarding Ambulance Service in Ventura County.

HEALTH CARE AGENCY

ADJOURNMENT