AGENDA Thursday, July 9, 2009

5:00 p.m. City of Camarillo

Council Chambers 601 Carmen Drive, Camarillo, California 93010

______________________________________________________________________ 1. CALL TO ORDER 2. FLAG SALUTE 3. ROLL CALL 4. PUBLIC COMMENT

At this time, members of the public may comment on any item not appearing on the agenda upon completion of a speaker card. Individual Board Members may briefly respond to Public Comments or ask questions for clarification.

5. BOARD MEMBER COMMENTS 6. APPROVAL OF THE FINAL AGENDA 7. CONSENT CALENDAR

A. Minutes – Adopt the Minutes of the May 14, 2009 meeting. 8. ORDER OF BUSINESS

A. Cooperative Agreement with Ventura County Transportation Commission

for Management/Administrative Services: Authorize the Chair to execute agreement.

MEMBERS City of Camarillo City of Fillmore City of Moorpark City of Ojai Jan McDonald, Member Patti Walker, Member Janice Parvin, Member Carol Smith Member Dan Waunch, Alternate Gayle Washburn, Alternate Mark Van Dam, Alternate Steve Olson, Alternate City of Oxnard City of Port Hueneme City of San Buenaventura City of Santa Paula Thomas Holden, Member Maricela Morales, Member Carl Morehouse, Member Gabino Aguirre, Member XXXXX, Alternate, Sylvia Munoz Schnopp Alternate Brian Brennan, Alternate Jim Tovias, Alternate City of Simi Valley City of Thousand Oaks County of Ventura______ Paul Miller, Member Tom Glancy, Member Linda Parks, Member Barbara Williamson, Alternate Jaqui Irwin, Alternate John Zaragoza, Alternate

July 9, 2009 Meeting 2

B. Update on VCOG/VCTC/Ventura County Civic Alliance (VCCA) “Compact for a Sustainable Ventura County” Project and SB 375 Implementation: Receive status report.

C. Update on 2010 Census and Ventura County Outreach Activities: Receive

status report and provide direction to staff as appropriate. 9. AGENCY REPORTS A. Southern California Association of Governments B. Ventura County Transportation Commission C. League of California Cities D. Other Agencies

10. INTERIM EXECUTIVE DIRECTOR REPORT

11. REQUEST FOR FUTURE AGENDA ITEMS

Any Board Member may propose items for placement on a future agenda. Members may discuss whether or not the item should be agendized and the description of the agenda item.

12. ADJOURNMENT TO SEPTEMBER 10, 2009 Copies of staff reports or other written documentation relating to each item of business referred to on this agenda are on file in the City of Santa Paula City Manager’s Office and are available for public inspection. If you have any questions regarding any agenda item, contact the Interim Executive Director at (805) 933-4200. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Interim Executive Director. Notification 48 hours before the meeting will allow VCOG to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35, 102-35.104 ADA Title II).

MINUTES

Thursday, May 14, 2009 5:00 p.m.

City of Camarillo Council Chambers

601 Camarillo Drive, Camarillo, California, 93010

1. CALL TO ORDER: Chair Miller called the meeting to order at 5:00

p.m. 2. FLAG SALUTE: Chair Miller led the Pledge of Allegiance.

3. ROLL CALL: Member Jan McDonald City of Camarillo Member Patti Walker City of Fillmore Member Janice Parvin City of Moorpark Member Carol Smith City of Ojai Member Maricela Morales City of Port Hueneme Member Carl Morehouse City of Ventura Member Gabino Aguirre City of Santa Paula Member Paul Miller City of Simi Valley Member Linda Parks County of Ventura Absent: Member Cities: Oxnard; Thousand Oaks 4. PUBLIC COMMENT: None. 5. BOARD MEMBER COMMENTS: None.

6. APPROVAL OF THE FINAL AGENDA

It was the consensus of the board to approve the agenda as presented. 7. CONSENT CALENDAR:

A. Minutes – Adopt the minutes of the January 8, 2009 meeting.

It moved by Member Morehouse, seconded by Member Walker to adopt the minutes of the January 8, 2009 meeting. Approved unanimously by voice vote.

B. Minutes – Adopt the minutes of the March 12, 2009 meeting.

Member Morehouse noted a correction on the minutes and moved to adopt the minutes of the March 12, 2009 meeting as amended, motion was seconded by Member Walker. Approved unanimously by voice vote.

8. ORDER OF BUSINESS

A. Update on VCOG/VCTC/Ventura County Civic Alliance (VCCA) “Compact for a Sustainable Ventura County” Project and SB 375 Implementation

Ms. Varnado provided an update. Mary Ann Krause, communicated that VCCA has agreed to cover the costs on any additional meetings, briefings, website design, administration services, and marketing for the project. B. Update on Contracting for Administrative Services with

Ventura County Transportation Commission and Other Options

It was moved by Member Morales, seconded by Member Morehouse to direct Mr. Bobkiewicz to move forward with negotiating the contract with VCTC. Approved unanimously by voice vote. C. FY 2009/10 Budget and Dues Assessment It was moved by Member Aguirre, seconded by Member Morehouse to adopt Resolution 2009-01 approving the FY 2009/2010 budget and dues assessment. Approved unanimously by voice vote. D. Update on Ventura County 2-1-1 Program Interface Children and Family Services Executive Director Erik Sternad, provided a presentation regarding the anticipated funding and estimated expenses for FY 09/10. E. 2009 VCOG Annual Meeting Mr. Bobkiewicz provided an update.

9. AGENCY REPORTS:

A. Southern California Association of Governments John Procter was introduced as the newest staff member for SCAG. B. Ventura County Transportation Commission Darren Kettle, spoke in regards to VCTC FY 09/10 budget and expressed VCTC is looking forward towards a successful relationship with VCOG. C. League of California Cities David Mullinax, provided an updated on the Measures that will be voted on May 19, 2009 and encouraged all the cities in Ventura County to become involved in helping the efforts and join the “Save our City Campaign”.

It was the consensus of the board to direct Mr. Bobkiewicz to send a letter to Governor Schwarzenegger on behalf of VCOG, requesting that he considers other alternatives to cutting City budgets. 10. INTERIM EXECUTIVE DIRECTOR REPORT: None.

11. REQUEST FOR FUTURE AGENDA ITEMS: None.

12. ADJOURNMENT: Meeting adjourned at 6:00 p.m. to July 9, 2009.

,

MEMORANDUM

TO: Board of Directors FROM: Wally Bobkiewicz, Interim Executive Director SUBJECT: Cooperative Agreement with Ventura County Transportation

Commission for Management/Administrative Services DATE: July 6, 2009 Recommendation: It is recommended that the Board of Directors authorize the Chair to execute agreement with the Ventura County Transportation Commission. Discussion: At its March 12, 2009 meeting, the VCOG Board directed me to continue meeting with VCTC Executive Director regarding contracting for VCOG administrative services with VCTC. The VCTC Board met at its April 3, 2009 Board meeting on this subject and had continued questions about this arrangement. The VCTC Board asked that the City Managers Group review a proposed agreement prior to further VCTC review. At its May 14, 2009, the VCOG Board discussed the draft further and also raised questions about involving the county’s City Managers more in the review and oversight of VCOG as well as VCTC activities. The Ventura City/County Managers group (VCCM) reviewed the proposed agreement for management/administrative services at its May 19, 2009. The VCCM agreed to the draft agreement. The VCCM also discussed the need for a separate group of city managers to provide review and oversight. It was the feeling of the managers that regular updates to them by the VCTC Executive Director would be sufficient. The VCTC Board will consider this agreement at their July 10 meeting. Attached please find the staff report for that meeting which includes the draft agreement and other pertinent information. Attachment July 10, 2009 VCTC Staff Report and Draft VCOG/VCTC Agreement

Item #17 July 10, 2009 MEMO TO: VENTURA COUNTY TRANSPORTATION COMMISSION FROM: DARREN M. KETTLE, EXECUTIVE DIRECTOR SUBJECT: COOPERATIVE AGREEMENT WITH VENTURA COUNCIL OF GOVERNMENTS RECOMMENDATION: Approve management/administrative services Cooperative agreement with the Ventura Council of Governments (VCOG). BACKGROUND: The Commission at its April 2009 meeting discussed at length the concept of agreeing to an arrangement whereby VCTC staff, under the direction of the VCTC Executive Director would serve as staff to the VCOG Board of Directors. The agenda item for that discussion is attached (Attachment A). The consensus of the Commission was that the concept was timely given changes in state law (i.e., SB 375) and the renewed spirit of cooperation between VCTC and VCOG. The Commission directed the VCTC Executive Director to meet with the VCOG Interim Executive Director and the City Managers/County Executive Officer group to finalize an agreement that could be brought back before both governing boards for consideration. The draft cooperative agreement is attached (Attachment B) and is to be considered by the VCOG governing board the evening of July 9th.

The key elements of the agreement are as follows: VCOG

• VCOG shall maintain a minimum annual membership dues amount of $65,000 to pay for the administrative services provided by VCTC as well as the activities and programs of VCOG.

• Pay VCTC the sum of $50,000 per year for the services provided by VCTC with the remainder of VCOG dues to be used for VCOG activities and programs. VCTC

• VCTC shall provide administrative services to VCOG consistent with and subject to the VCOG Joint Powers Agreement, Bylaws and other formally adopted policies.

• VCTC shall assume responsibility for the administration of VCOG

• VCTC shall provide staff and/or contract for consultant support for VCOG to carry out its responsibilities, including the designation of: (1) VCOG Executive Director; (2) Clerk of the VCOG Board; (3) VCOG Treasurer/Auditor;

• Responsibilities of the VCOG Executive Director or designee shall be as specified in the VCOG Bylaws, and shall

also include the following: (1) VCOG Subregional Coordinator to the SCAG; and (2) VCOG representative to the SCAG Plans and Programs Technical Advisory Committee. Joint

• Develop and adopt a work plan for Fiscal Year 2009-10 and 2010-11 to comply with the responsibilities of each entity. The work plan shall identify the tasks, staffing, costs, schedules, necessary services and deliverables, and shall assign financial and policy responsibilities for each entity and

• Develop and approve a scope of work between the entities specifying their respective roles and responsibilities in complying with the provisions of SB 375 (Chapter 728, 2008 laws).

• Recognizes that VCTC and/or VCOG may elect to participate in additional regional monitoring and planning activities outside of those covered by this Agreement. In that case, each entity may independently support those activities with monetary and resources other than those specified in this Agreement.

• In the event that consensus is not reached on actions of mutual concern, the respective adopted policy statements shall be recorded in the respective bodies meeting minutes. VCTC’s Executive Director shall advocate on behalf of the VCTC’s approved policy and the Chief Executive of the local jurisdiction currently serving as chair of VCOG shall advocate on behalf of VCOG’s approved policy.

ATTACHMENT A

Item #10F

April 3, 2009 MEMO TO: VENTURA COUNTY TRANSPORTATION COMMISSION FROM: DARREN M. KETTLE, EXECUTIVE DIRECTOR SUBJECT: MANAGEMENT AGREEMENT WITH VENTURA COUNCIL OF GOVERNMENTS RECOMMENDATION: • Receive, file, discuss and provide direction to Executive Director as to next steps associated with potentially entering

into a management/administrative services agreement with the Ventura Council of Governments (VCOG).

BACKGROUND: The Ventura Council of Governments has been administered through the City of Santa Paula Office of the City Manager since August, 2005. In fall 2006, VCTC and VCOG held a joint a meeting to discuss options regarding structural or agency management changes that the two bodies might want to consider as transportation and general purpose Council of Government activities, particularly those activities that fed into the southern California regional planning process, became more connected . As VCTC has a number of new Commissioners since that discussion, staff has attached several of the discussion documents that were developed for that joint meeting (Attachment A). The conclusion of that discussion was that the two entities would maintain their independence but agreed to improved communication. VCTC has subsequently made efforts to regularly attend VCOG Board meetings and events. Since then, two landmark pieces of legislation have passed the State Legislature and been signed by the Governor, specifically AB 32 (Nunez) and SB 375 (Steinberg), the objectives of both are to address greenhouse gas emissions and associated climate change impacts. SB 375 is particularly relevant as this new law encourages interaction between land use and transportation discussions at a regional level. In light of these new laws and the continued policy level discussion of the “synergies” that have developed over the past several years and the coordinated intergovernmental relationships between cities, the county, VCOG, and VCTC, it is appropriate to reopen the discussion of how VCTC staff might be in a position to manage and support the activities of VCOG. The Commission may recall accepting VCOG’s offer to provide staff and commissioner involvement in the VCOG led Compact for a Sustainable Ventura County Phase II effort. As Southern California initiates its efforts to comply with SB 375 along with VCTC’s long-range transportation planning efforts that eventually may include revenues streams that support a variety of transportation and quality of life programs, both VCTC Commissioners and VCOG Directors have asked the Executive Directors of the two agencies to informally communicate about potential management/support options. Both Executive Directors consulted the leadership of the respective Boards and with consensus from the leadership, VCOG was first to take a recommendation to negotiate with VCTC on how to structure a management/administrative services agreement with VCTC. The VCOG agenda item is attached (Attachment B). As VCTC understands the nature of the VCOG

April 3, 2009 Item #10F Page #2 Board discussion, VCOG was generally supportive of proceeding in concept with an agreement with VCTC and directed the VCOG Interim Executive Director to initiate negotiations with VCTC and to remain within the current VCOG annual total dues received from member agencies of $65,000. The concept as discussed by VCOG Interim Executive Director, Wally Bobkiewicz, and I, was based on his estimated time serving in the interim capacity and that for staff time from City of Santa Paula that supported Mr. Bobkiewicz in his capacity as Interim Executive Director. The current VCOG budget also funds a part-time deputy executive director that serves under contract with primary responsibilities of interfacing with the Southern California Association of Governments (SCAG). In the case of VCTC, it is assumed that the Executive Director would dedicate between 80-100 hours a year to VCOG activities, 40-50 hours a year would be required of the Clerk of the Board, and approximately 200 hours per year would be required of the Director of Planning and Technology. On an hourly basis the total cost for anticipated additional work is in the neighborhood of $25,000 in salary costs. This figure does not include fringe benefit costs for those positions. So, from purely a financial perspective accepting VCOG activities, and assuming that the level of work expectations on the part of the VCOG Board do not substantially change, I do not foresee impacts to the VCTC budget. There are two assumptions that warrant further consideration. First, this scenario assumes that capacity exists with the three principal VCTC staff members involved. As of the development of the VCTC draft FY 2009/2010 budget, the workload for the three VCTC staff involved is already at a maximum. There may be some duplication of hours for the Executive Director and the Director of Planning and Policy as those two positions are engaged at countywide, regional, and state levels in areas that are germane to both VCTC and VCOG. However, preparatory time for regular meetings of VCOG and the participation at VCOG and Administrative committees would be additive time. It is also expected that the level of effort to manage the Compact Phase II program may require more staff time than is accounted for in the preceding paragraph. The time of the Board Clerk and support/overhead activities, particularly in the areas of finance and accounting, is entirely additional time that would need to be absorbed by existing VCTC staff resources. Second, we are assuming that VCTC staff serving in its management/administrative capacity would not be requested to perform substantially more work than is currently performed by the Interim Executive Director, City of Santa Paula support staff, the part-time deputy executive director, and will continue to receive some volunteer assistance from member jurisdictions. If scope/work “creep” were to occur the ability of VCTC staff to accomplish its VCTC objectives could be compromised if additional staff resources were not identified. That noted VCTC does have more professionals on staff with regional planning and policy experience so when discussing and analyzing regional issues VCTC staff inherently provides value added to the current VCOG scope of work. Finally, while as staff we certainly endeavor to develop policy recommendations that would ultimately receive unanimous support from the Commission, it goes without saying that occasionally controversial issues arise that lead to a divided vote, but staff supporting two distinct governing bodies places an additional challenging dimension. It is not expected that items of mutual interest would regularly be agendized for both governing bodies but with the next update of SCAG’s Regional Transportation Plan, and specifically the development of the Sustainable Communities Strategy (SCS) for Ventura County required by SB 375 or other activities where land use policy and transportation policy are debated, it is possible that there may come a time that the two governing bodies reach different conclusions placing staff in an extremely awkward and uncomfortable position. The issue of the difficulty of “serving two masters”, while remote, may transpire and the need for some sort of conflict resolution or mediation may be necessary. The purpose of the prior three paragraphs was to inform and stimulate discussion on a concept that on its face, and in many other ways, makes an abundance of sense from both good government and good planning perspectives. However, before the Commission agreed to fully develop negotiations, staff believed it was prudent to raise the resources, work effort expectations, and governance questions that may come to pass should VCTC and VCOG agree to such an arrangement.

ATTACHMENT B COOPERATIVE AGREEMENT

NO. __

BETWEEN

VENTURA COUNTY TRANSPORTATION COMMISSION

AND

VENTURA COUNCIL OF GOVERNMENTS

FOR

MANAGEMENT/ADMINISTRATIVE SERVICES

THIS AGREEMENT (hereinafter referred to as “AGREEMENT”), is made and entered into this ______ day of _________________, 2009, by and between the Ventura County Transportation Commission (“COMMISSION”), a public corporation of the State of California and the Ventura Council of Governments (“VCOG”), a public joint powers entity of the State of California.

RECITALS

WHEREAS, VCOG has requested COMMISSION to provide staff to administer the functions and activities of VCOG; and WHEREAS, COMMISSION is willing to accept responsibility for the administration of VCOG functions and activities as provided in this Agreement. NOW THEREFORE, it is mutually understood and agreed by COMMISSION and VCOG as follows: ARTICLE 1. RESPONSIBILITIES OF VCOG A. Make available to COMMISSION all records in the possession of VCOG and its consultants as may regard any matter within the jurisdiction of VCOG and as may be required for COMMISSION to perform its duties under this Agreement. B. Provide legal counsel to advise and represent VCOG. C. Adopt annual membership dues in an amount no less than $65,000 to pay for the administrative services provided by COMMISSION as well as the activities and programs of VCOG. D. Pay COMMISSION the sum of $50,000 per year for the services provided by COMMISSION. ARTICLE 2. RESPONSIBILITIES OF COMMISSION A. Provide administrative services to VCOG consistent with and subject to the VCOG Joint Powers Agreement, Bylaws and other formally adopted policies, contracts and applicable regulations, with the understanding that the COMMISSION’S policies and procedures for procurements and grant management shall govern all services provided by COMMISSION pursuant to this Agreement. B. Assume responsibility for the administration of VCOG, including providing meeting sites; administration of the VCOG Board of Directors and the VCOG Executive Committee; conduct of elections of the Southern California Association of Governments (“SCAG”) Regional Council/VCOG Board of Directors; preparation of agendas, staff reports and minutes; distribution and posting of meeting notices and meeting materials; conduct of VCOG financial requirements pursuant to the VCOG Bylaws and Caltrans pre-award audit determinations; invoicing and collection of payments from Ventura County cities for VCOG dues; and maintenance and storage of records.

C. Provide staff and/or contract for consultant support for VCOG to carry out its responsibilities, including the designation of:

(1) VCOG Executive Director; (2) Clerk of the VCOG Board; (3) VCOG Treasurer/Auditor;

D. Responsibilities of the VCOG Executive Director (or his/her designee) shall be as specified in the VCOG Bylaws, and shall also include the following:

(1) VCOG Subregional Coordinator to the SCAG; and (2) VCOG representative to the SCAG Plans and Programs Technical Advisory Committee.

ARTICLE 3. JOINT RESPONSIBILITIES OF VCOG AND COMMISSION A. Develop and adopt a work plan for Fiscal Year 2009-10 and 2010-11 to comply with the responsibilities of each entity. The work plan shall identify the tasks, staffing, costs, schedules, necessary services and deliverables, and shall assign financial and policy responsibilities for each entity. B. Develop and approve a scope of work between the entities specifying their respective roles and responsibilities in complying with the provisions of SB 375 (Chapter 728, 2008 laws). C. COMMISSION and/or VCOG may elect to participate in additional regional monitoring and planning activities outside of those covered by this Agreement. In that case, each entity may independently support those activities with monetary and resources other than those specified in this Agreement. D. Conflict Resolution. A byproduct of this agreement is to encourage a cooperative joint policy development environment, and ideally consensus, in areas of mutual concern between the COMMISSION and VCOG. There may be occasion where the final action of the COMMISSION and VCOG diverge It is not expected that items of mutual interest would regularly be brought before both governing bodies but with the development of the 2012 Regional Transportation Plan, any modifications to the Regional Housing Needs Assessment (RHNA), and specifically the development of the Sustainable Communities Strategy (SCS) for Ventura County required by Senate Bill 375 or other activities in which land use policy and transportation policy are discussed, the potential exists that the two governing bodies may reach different policy conclusions. In the event that consensus is not reached, the respective adopted policy statements shall be recorded in the respective bodies meeting minutes. The COMMISSION’s Executive Director shall advocate on behalf of the COMMISSION’s approved policy and the Chief Executive of the local jurisdiction currently serving as chair of VCOG shall advocate on behalf of VCOG’s approved policy. ARTICLE 4. PRE-EXISTING CIRCUMSTANCES While VCOG is currently unaware of any pre-existing circumstances that would require curing or remedial program development, the VCOG hereby represents and acknowledges that any pre-existing condition is not directly or indirectly, related to any action or failure to act of COMMISSION’S and that, if COMMISSION cannot achieve a remedy suitable to all interested parties, COMMISSION will not be deemed to have any fault or responsibility for such conclusion. ARTICLE 5. INDEMNIFICATION A. VCOG shall defend, indemnify, and hold harmless the COMMISSION, its officers, directors, agents, and employees, from all liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether resulting from court action or otherwise, arising out of the acts or omissions of VCOG, its officers, directors, agents, or employees, in the performance of the Agreement. B. COMMISSION shall defend, indemnify, and hold harmless the VCOG, its officers, directors, agents, and employees, from all liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether resulting from court action or otherwise, arising out of the acts or omissions of COMMISSION, its officers, directors, agents, or employees, in the performance of the Agreement.

ARTICLE 6. ASSIGNMENT COMMISSION shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of VCOG. ARTICLE 7. TERM OF AGREEMENT This Agreement shall commence upon execution by both parties and shall continue in full force and effect through June 30, 2013, unless terminated earlier by any party. The term may be extended by mutual consent; for a period of time agreed upon in writing between the parties. COMMISSION or VCOG may terminate this Agreement, without cause, by delivering written notice of termination to the other party not less than one hundred twenty (120) calendar days before the date of termination. Upon the date of termination each party shall, at no cost to the other party, make available all equipment, materials, documents or records in their possession to the party that requests the same. ARTICLE 8. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. ARTICLE 9. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement warrant and represent that he or she has the authority to execute this Agreement on behalf of their principal and has the authority to bind such party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below.

VENTURA COUNCIL OF GOVERNMENTS

VENTURA COUNTY TRANSPORTATION COMMISSION

By:__________________________________ Paul Miller Chairman

By:___________________________________ Kathy Long Chair

Date: ________________________________

Date: ________________________________

APPROVED AS TO FORM:

By:__________________________________