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Findings and Recommendations 22 findings
F01
The VCTC was created as a distinct and independent government entity by the California Legislature by enacting Public Utilities Code §130050.1.
No recommendations for this finding
F02
Under Public Utilities Code §130054.1, the VCTC Board consists of 17 voting members: the five Ventura County Supervisors, the mayor or a city council member from each of the ten cities, a citizen chosen by the Board of Supervisors, and a citizen chosen jointly by the ten cities.
No recommendations for this finding
F03
As an independent government entity, the VCTC employs staff who are employees only of the VCTC and are not employees of either Ventura County or the cities represented on the VCTC Board. Procurement of Public Art for the Camarillo Metrolink Station
No recommendations for this finding
F04
In general, contracting by a county transportation commission is governed by the Public Utilities Code and not by the Government Code.
No recommendations for this finding
F05
The VCTC issued a sole-source contract (i.e., a contract without competitive bidding) for the creation of the artwork.
No recommendations for this finding
F06
The VCTC awarded a separate contract to a licensed contractor for installing the public art. The legal counsel for the VCTC determined that, since this contract is for public art, the “prevailing wages” requirement for public construction projects does not apply.
No recommendations for this finding
F07
The total cost of the artwork for the Station project is $1,544,250, of which 50% is from the federal government, 46% is from state funds, and 4% is from the multi-county Metrolink program (Southern California Regional Rail Authority).
No recommendations for this finding
F08
None of the funds for the public art at the Station can be conclusively attributed to Ventura County or the VCTC.
No recommendations for this finding
F09
The overall Station project has a total cost of $12,515,000.
No recommendations for this finding
F10
The Station project cannot be separated from the overall set of projects at that location. Instead, the Station depends upon the new freeway overpass in lieu of a shelter, the realignments of Lewis Road and freeway on-ramps and off- ramps for access, and on a pedestrian overpass to allow train commuters to cross the tracks safely.
No recommendations for this finding
F11
The combined projects at that location have a total cost of $44,075,000.
No recommendations for this finding
F12
The City of Camarillo issued a “request for proposals” (RFP) for the public art at the Station. Three proposals were selected from those submitted for further review by the City Council’s Transportation Committee. The Transportation Committee selected one proposal, which the full City Council approved and confirmed that approval in a letter to the VCTC.
No recommendations for this finding
F13
The VCTC repeatedly cited Government Code §4525 et seq as justifying the awarding of a contract for public art without competitive bids based on price.
Related Recommendations (1)
R01
The VCTC needs to develop clear policies and procedures for the procurement of public art. These should distinguish procurements from (a) entirely internal VCTC funds, (b) entirely external funds, and (c) from combined internal and external funds. The policies should also address the procurement by the VCTC of public art selected by other government agencies. The policies should be formally adopted by the VCTC Board after that Board reviews the proposed procedures. (C-03, C-04, C-06, C-07, C-08)
F14
Government Code §4525 et seq clearly addresses only the procurement of engineering, architectural, and certain other technological services. These code sections do not address the procurement of artistic services.
Related Recommendations (1)
R01
The VCTC needs to develop clear policies and procedures for the procurement of public art. These should distinguish procurements from (a) entirely internal VCTC funds, (b) entirely external funds, and (c) from combined internal and external funds. The policies should also address the procurement by the VCTC of public art selected by other government agencies. The policies should be formally adopted by the VCTC Board after that Board reviews the proposed procedures. (C-03, C-04, C-06, C-07, C-08)
F15
The legal counsel for the VCTC performed no prior review of the VCTC action to let this no-bid contract. However, counsel was present when the VCTC Board approved the action.
Related Recommendations (1)
R02
The VCTC Board should obtain prior or concurrent advice of legal counsel when taking action other than under the California Public Utilities Code, especially when entering into contracts for procurements. The advice need not be in writing. However, if the advice is given orally, this should be noted in the minutes of the meeting. (C-08, C-09) Responses Responses Required From: Ventura County Transportation Commission (R-01, R-02)
F16
Government Code §15813 et seq — the “Art in Public Buildings Program” — addresses the procurement of public art by California state agencies.
Related Recommendations (1)
R01
The VCTC needs to develop clear policies and procedures for the procurement of public art. These should distinguish procurements from (a) entirely internal VCTC funds, (b) entirely external funds, and (c) from combined internal and external funds. The policies should also address the procurement by the VCTC of public art selected by other government agencies. The policies should be formally adopted by the VCTC Board after that Board reviews the proposed procedures. (C-03, C-04, C-06, C-07, C-08)
F17
Government Code §15813.4 explicitly provides for the procurement of public art via no-bid contracts.
Related Recommendations (1)
R01
The VCTC needs to develop clear policies and procedures for the procurement of public art. These should distinguish procurements from (a) entirely internal VCTC funds, (b) entirely external funds, and (c) from combined internal and external funds. The policies should also address the procurement by the VCTC of public art selected by other government agencies. The policies should be formally adopted by the VCTC Board after that Board reviews the proposed procedures. (C-03, C-04, C-06, C-07, C-08)
F18
Government Code §15813 suggests an allowance of 1% of the total cost of a project for public art.
Related Recommendations (1)
R01
The VCTC needs to develop clear policies and procedures for the procurement of public art. These should distinguish procurements from (a) entirely internal VCTC funds, (b) entirely external funds, and (c) from combined internal and external funds. The policies should also address the procurement by the VCTC of public art selected by other government agencies. The policies should be formally adopted by the VCTC Board after that Board reviews the proposed procedures. (C-03, C-04, C-06, C-07, C-08)
F19
Federal law (49 USCS §5302(a)(15)(D)) authorizes the procurement of public art on federally-funded projects. This law also suggests an allowance of 1% of the total cost of a project for public art.
Related Recommendations (1)
R01
The VCTC needs to develop clear policies and procedures for the procurement of public art. These should distinguish procurements from (a) entirely internal VCTC funds, (b) entirely external funds, and (c) from combined internal and external funds. The policies should also address the procurement by the VCTC of public art selected by other government agencies. The policies should be formally adopted by the VCTC Board after that Board reviews the proposed procedures. (C-03, C-04, C-06, C-07, C-08)
F20
Federal law authorizes the use of state laws to guide the procedures for the procurement of public art.
Related Recommendations (1)
R01
The VCTC needs to develop clear policies and procedures for the procurement of public art. These should distinguish procurements from (a) entirely internal VCTC funds, (b) entirely external funds, and (c) from combined internal and external funds. The policies should also address the procurement by the VCTC of public art selected by other government agencies. The policies should be formally adopted by the VCTC Board after that Board reviews the proposed procedures. (C-03, C-04, C-06, C-07, C-08)
F21
Appropriate approvals were indeed received from both Caltrans and the U.S. Department of Transportation for the procurement of public art for the Station.
No recommendations for this finding
F22
The pedestrian overpass over the Station was funded, designed, and constructed by Caltrans, not by VCTC. Conclusions C-01. Employees of the VCTC are not employees of Ventura County. The VCTC Executive Director reports only to the VCTC Board. The Ventura County Executive Officer has no jurisdiction over the VCTC Executive Director or other VCTC employees. (F-01, F-03) C-02. The size of the VCTC Board is fixed by state law. This is an issue outside the jurisdiction of the Grand Jury. (F-02) C-03. The procurement of public art for the Station was a valid use of public funds. (F-16, F-19) C-04. The process used by the City of Camarillo for selecting the artist and approving the public art for the Station was equivalent to the process specified in Government Code §15813.3(a)(2). (F-12, F-16) C-05. The total cost of the public art for the Station is 3.5% of the total cost of the multiple transportation projects at that location, more than three times the guidelines in state and federal laws. Since the funds were provided by the state of California and the federal government — both of which approved the use of the funds for public art — this expenditure for public art does not represent an improper action by the VCTC. (F-07, F-10, F-18, F-19, F-21) C-06. Since none of the funds for the public art at the Station came from VCTC revenue sources, the VCTC acted as an agent for Caltrans in procuring the art, thus justifying reliance on the Government Code instead of the Public Utilities Code. (F-04, F-07). C-07. The use of no-bid contracts to procure and install public art is supported by state and federal laws. VCTC acted within these laws in procuring public art for the Station. (F-17, F-20; see C-06). C-08. Repeated mistaken code citations by VCTC to justify the process of procuring public art for the Station may have promoted a public perception that this procurement was improper and inappropriate. (F-12, F-14) C-09. There is an appearance that the administration and Board of the VCTC is not sufficiently familiar with California codes beyond the Public Utilities Code, which contains the basic laws under which county transportation commissions operate. (F-13, F-14) C-10. Assertions that the VCTC wasted funds in the design and construction of the pedestrian overpass at the Station were misdirected. This aspect of the multiple projects at that location was entirely under the control, funding, and direction of Caltrans, which is a state agency. (F-22) Recommendations
No recommendations for this finding
Conclusions 2
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CL1 Page 3C-01. Employees of the VCTC are not employees of Ventura County. The VCTC Executive Director reports only to the VCTC Board. The Ventura County Executive Officer has no jurisdiction over the VCTC Executive Director or other VCTC employees. (F-01, F-03) C-02. The size of the VCTC Board is fixed by state law. This is an issue outside the jurisdiction of the Grand Jury. (F-02) C-03. The procurement of public art for the Station was a valid use of public funds. (F-16, F-19) C-04. The process used by the City of Camarillo for selecting the artist and approving the public art for the Station was equivalent to the process specified in Government Code §15813.3(a)(2). (F-12, F-16) C-05. The total cost of the public art for the Station is 3.5% of the total cost of the multiple transportation projects at that location, more than three times the guidelines in state and federal laws. Since the funds were provided by the state of California and the federal government — both of which approved the use of the funds for public art — this expenditure for public art does not represent an improper action by the VCTC. (F-07, F-10, F-18, F-19, F-21)
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CL2 Page 4C-06. Since none of the funds for the public art at the Station came from VCTC revenue sources, the VCTC acted as an agent for Caltrans in procuring the art, thus justifying reliance on the Government Code instead of the Public Utilities Code. (F-04, F-07). C-07. The use of no-bid contracts to procure and install public art is supported by state and federal laws. VCTC acted within these laws in procuring public art for the Station. (F-17, F-20; see C-06). C-08. Repeated mistaken code citations by VCTC to justify the process of procuring public art for the Station may have promoted a public perception that this procurement was improper and inappropriate. (F-12, F-14) C-09. There is an appearance that the administration and Board of the VCTC is not sufficiently familiar with California codes beyond the Public Utilities Code, which contains the basic laws under which county transportation commissions operate. (F-13, F-14) C-10. Assertions that the VCTC wasted funds in the design and construction of the pedestrian overpass at the Station were misdirected. This aspect of the multiple projects at that location was entirely under the control, funding, and direction of Caltrans, which is a state agency. (F-22)
Agency Responses 4
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.