REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, February 7, 2006

 

BOARD HEARING ROOM, FIRST FLOOR                  

10 Civic Center Plaza                            

Santa Ana, California              

 

BILL CAMPBELL                          

CHAIRMAN                               

Third District     

 

CHRIS NORBY                            

VICE CHAIRMAN                          

Fourth District    

LOU CORREA                             

SUPERVISOR                             

First District     

 

 

JIM SILVA                              

SUPERVISOR                             

Second District    

THOMAS W. WILSON                       

SUPERVISOR                             

Fifth District     

 

COUNTY EXECUTIVE OFFICER

COUNTY COUNSEL

CLERK OF THE BOARD

Thomas G. Mauk

Benjamin P. de Mayo

Darlene J. Bloom

 

The Orange County Board of Supervisors welcomes you to this meeting.  This agenda contains a brief general description
of each item to be considered.  The Board of Supervisors encourages your participation.  If you wish to speak on an item
contained in the agenda, please complete a Speaker Form identifying the item(s) and deposit it in the Speaker Form Return
box located on the side of the podium.  If you wish to speak on a matter which does not appear on the agenda, you may do
so during the Public Comment period at the close of the meeting.  Except as otherwise provided by law, no action shall be
taken on any item not appearing in the agenda.  When addressing the Board, please state your name for the record.  Please address the Board as a whole through the Chair.  Comments to individual Supervisors or staff are not permitted.  Speakers will be limited to three (3) minutes.

**In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the Clerk of the Board's Office 72 hours prior to the meeting at (714) 834-2206**

 

All supporting documentation is available for public review in the office of the Clerk of the Board of Supervisors located in the Hall of Administration Building, 10 Civic Center Plaza, Room 465, Santa Ana, 92701 during regular business hours, 8:00 a.m. - 5:00 p.m., Monday through Friday.  Agenda Items are also available online at http://www.ocgov.com/supervisors/agenda/supervisorsagenda.asp

 

9:30 A.M.

 

INVOCATION:  Supervisor Norby, Fourth District

 

PLEDGE OF ALLEGIANCE:  Supervisor Wilson, Fifth District

 

I N D E X

 

I.    PRESENTATIONS/INTRODUCTIONS                                                                                                            Page #

II.   CONSENT CALENDAR                                                                                   (Items 1-32)                             Page #

III.  DISCUSSION ITEMS                                                                                       (Items 33-51)                           Page #

IV.  PUBLIC HEARINGS                                                                                         (None Scheduled)                  Page #

V.   CLOSED SESSION                                                                                            (Items CS-1-CS-8)                   Page #

VI.  PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT                                                      Page #


 

I.    PRESENTATIONS/INTRODUCTIONS

 

Clerk-Recorder - Presentation by Phil Brigandi, County Archivist, "The History of Knott's Berry Farm"

 

Chairman Campbell will recognize graduates of the Orange County Leadership Academy IV

 

II.   CONSENT CALENDAR (Items 1-32)

 

All matters are approved by one motion unless pulled by a Board Member for discussion or separate action.  At this time, any member of the public may ask the Board to be heard on any item on the Consent Calendar.

 

DEPARTMENT APPOINTMENTS

 

1.

Health Care Agency - Emergency Medical Services Quality Assurance Board - Appoint Mary Frances Cohen, R.N.,   to complete term ending 6/30/07 - All Districts

 

2.

Probation - Orange County Juvenile Justice Coordinating Council - Appoint Mary Frances Cohen, R.N., Huntington Beach, to complete term ending 6/30/07 - All Districts

 

COMMENDATIONS/PROCLAMATIONS

 

3.

Chairman Campbell - Adopt resolution congratulating and commending American Academy of Dental Practice Administration on its 50th Anniversary

 

4.

Supervisor Wilson - Adopt resolution congratulating and thanking Dr. A.E. Westberg

 

DANA POINT HARBOR DEPARTMENT

 

5.

Receive and file final report for Circulation Improvement Pilot Project, Baby Beach, Dana Point Harbor - District 5

 

HEALTH CARE AGENCY

 

6.

Approve amendment A02 to agreement 03-75374 with State Department of Health Services for Preventive Health Care for Aging Program, 7/1/03 - 6/30/06 ($19,350; new total $347,376); authorize Director or designee to execute agreement  - All Districts

 

INTEGRATED WASTE MANAGEMENT DEPARTMENT

 

7.

Approve price agreement N1000007474 with Calscience Environmental Services, Inc., to provide laboratory analysis services for samples collected from landfills, 2/15/06 - 2/14/07 ($60,000); renewable for two additional years per Board policy - All Districts

 

ORANGE COUNTY PUBLIC LIBRARY

 

8.

Accept cash bequest from M.R. Seward Trust for support of library services, San Clemente Branch Library ($25,000) - District 5

 

9.

Receive bids and award contract to Refrigerated Air Mechanical Systems, Inc., for replacement of heating, ventilation and air conditioning equipment, Cypress Branch Library ($201,664); and make California Environmental Quality Act findings - District 2

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

10.

Accept work with Micon Construction, Inc. for playground equipment replacement, Yorba Regional Park; project completed 10/26/05 ($174,183) - District 3

 

11.

Receive bids and award contract to Spectra Company, Inc. for George Key Ranch Phase I Improvements ($149,700) - District 4

 

12.

Accept work with GCI Construction, Inc. for site improvements at Probation Department's Joplin Youth Center, Trabuco Canyon; project completed 12/30/05 ($2,442,763.31) - District 3

 

13.

Approve continuance of emergency and make appropriate findings pursuant to Public Contract Code Section 22050(c)(1) regarding current condition of Overhill Drive due to landslide, Cowan Heights area; set review to determine continuing need for emergency action for 2/28/06, 9:30 a.m., and every 14 days thereafter - District 3 (4/5 vote) (Continued from 9/27/05, Item 53; 10/18/05, Item 15; 11/1/05, Item 15; 11/8/05, Item 22; 11/22/05, Item 22; 12/6/05, Item 19; Special Meeting 12/20/05, Item 26; 1/10/06, Item 6; 1/24/06, Item 25)

 

14.

Approve plans and specifications and set bid opening for 3/15/06, 2:00 p.m., for replacement of concrete waterproofing systems to pedestrian traffic areas, North Justice Center and Hall of Finance and Records; and make California Environmental Quality Act findings - Districts 1 & 4

 

15.

Approve amendment 3 to agreement D03-001 with RBF consulting for design and construction support services for El Modena Alley Reconstruction, extending term to 1/28/07; and make California Environmental Quality Act findings - District 3

 

16.

Approve plans and specifications and set bid opening for 3/15/06, 2:00 p.m., for replacement of electronic Heating, Ventilation and Air Conditioning Direct Digital Controls and operating software, Hall of Finance and Records and Public Defender Headquarters; and make California Environmental Quality Act findings - District 1

 

17.

Approve price agreement N1000007381 with Marina Landscape, Inc. for landscape maintenance services, Yorba Regional Park, 3/1/06 - 2/28/07 ($133,114); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - District 3

 

18.

Acting as the Orange County Flood Control District - Approve continuance of emergency and make appropriate findings pursuant to Public Contract Code Section 22050(c)(1) regarding current condition of Atwood Channel emergency repair from Mountain View Avenue to Kellogg Drive; set review to determine continuing need for emergency action for 2/28/06, 9:30 a.m., and every 14 days thereafter - District 3 (4/5 vote) (Continued from 9/13/05, Item 59; 9/27/05, Item 21; 10/18/05, Item 48; 11/1/05, Item 20; 11/8/05, Item 24; 11/22/05, Item 31; 12/6/05, Item 23; Special Meeting 12/20/05, Item 28; 1/10/06, Item 7; 1/24/06, Item 34)

 

            Acting as the Board of Supervisors and Orange County Flood Control District:

 

19.

Approve agreement D05-078 with Chambers Group, Inc. for on-call regulatory permitting services and agreement D05-083 with Jones & Stokes for environmental services ($200,000 each); and make California Environmental Quality Act findings - All Districts

 

20.

Approve purchase order PC 080 P0600003745 with First American Real Estate Solutions for one-time payment of 2004 annual license fee of attribute data for Orange County Landbase ($38,000) - All Districts

 

PUBLIC PROTECTION

 

            Sheriff-Coroner:

 

21.

Authorize use of five County vehicles for relay teams participating in 2006 Challenge Cup Baker to Vegas Relay Race, Las Vegas, 3/31/06 - 4/3/06; and make appropriate findings - All Districts

 

22.

Approve retroactive purchase order PC 060 P0600000855 with Herman Miller Workplace Resource for purchase of office chairs ($15,219) - All Districts

 

23.

Approve retroactive purchase order PC 060 P0600003787 with Corporate Express Office for purchase of file cabinets ($9,438) - All Districts

 

24.

Approve retroactive purchase order PC 144 P0600003795 with Orange County Superintendent of Schools for provision of various educational programs for housed inmates ($33,333) - All Districts

 

25.

Approve Memorandum of Understanding with Human Options and Regents of the University of California for participation of Sheriff's Department and District Attorney in a partnership for U.S. Department of Justice/Office on Violence Against Women FY 2006 Training Grants - All Districts

 

GENERAL ADMINISTRATION

 

            Clerk of the Board:

 

26.

Adopt resolution pursuant to Revenue & Taxation Code section 1641.5, declaring that decisions of Assessment Appeals Hearing Officers constitute final administrative decision of Assessment Appeals Board without further action by Assessment Appeals Board; and direct Clerk of the Board to amend Assessment Appeals Board and Hearing Officer Rules of Procedure to reflect same and clarifications to Rules 5 & 27 - All Districts

 

27.

Approve proposed amendments to the County’s Conflict of Interest Code Designated Filers Exhibits for the Orange County Sheriff-Coroner Department - All Districts

 

            County Executive Office:

 

28.

Approve deleting Beam, Brobeck, West, LLP and adding Beam, Brobeck, West, Borges and Rosa, LLP to Liability Defense Panel, effective 1/2/06; and authorize Auditor-Controller to pay legal fees to contractor - All Districts

 

29.

Approve amended Memorandum of Agreement for appointment of County Executive Officer - All Districts

 

30.

Human Resources Department - Approve price agreement N1000007519 with Great West Retirement Services for Administrator/recordkeeping services for extra help employees - All Districts

 

            Chairman Campbell:

 

31.

Authorize County staff to waive reservation and participant parking fees for Alzheimer's Association Orange County Chapter Caregiver Appreciation picnic on 5/20/06, Mason Regional Park, Irvine

 

32.

Adopt resolution supporting Foothill/Eastern Transportation Corridor Agency's Foothill South Project

END OF CONSENT CALENDAR

 

III.  DISCUSSION ITEMS (Items 33-51)

 

At this time, members of the public may ask the Board to be heard on the following items as those items are called.

 

CHILD SUPPORT SERVICES

 

33.

Approve amended price agreement N2000005679 with Print N Mail, Inc., for Web-Based Payment System, printing, and mailing services, term ending 2/28/06 ($40,000; new total $565,763 per year); renewable for one additional year per Board policy - All Districts

 

HEALTH CARE AGENCY

 

34.

Approve agreements with AIDS Services Foundation Orange County ($1,554,845), Delhi Center ($183,301), The Gay and Lesbian Community Services Center of Orange County ($62,220), Laguna Beach Community Clinics, Inc. ($238,922), Public Law Center ($93,698) and Shanti Orange County ($221,551) for HIV services, 3/1/06 - 2/28/07 - All Districts

 

35.

Approve agreement with Straight Talk Clinic, Inc. (Gerry House Ryan White) for HIV Residential Alcohol and Drug Abuse Treatment services, 3/1/06 - 2/29/08 ($496,528); and approve amendment 2 to agreement with Straight Talk Clinic, Inc. (Start House) for HIV Transitional Housing services, 3/1/04 - 6/30/06 ($73,507; new total $454,284) - All Districts

 

HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

36.

Approve amended agreements AP-0506-22 with State Department of Aging and various providers for Older Americans Act services and with St. Jude Hospital, Inc. /Orange Caregiver Resource Center for Caregiver Support services; and authorize Director or designee to execute agreements - All Districts

 

37.

Approve transfer of loan commitment from County Executive Office Single Family Housing Fund to Strategic Priority Affordable Housing Fund for Fountain Valley Senior Apartments ($770,792) - District 2

 

INTEGRATED WASTE MANAGEMENT DEPARTMENT

 

38.

Approve price agreement N1000007473 with Hilton Farnkopf & Hobson, LLC, to provide department with financial advisory services, 2/15/06 - 2/14/09 ($768,500) - All Districts

 

39.

Approve price agreement N1000007471 with Habitat Restoration Sciences, Inc., to provide native plant habitat management and maintenance services, Frank R. Bowerman and other Central Region landfills, 2/7/06 - 2/6/09 ($1,740,000) - District 3

 

JOHN WAYNE AIRPORT

 

40.

Authorize Director to allocate regulated average daily departures, seat capacity, remain over night and passenger capacity to scheduled commercial passenger carriers, commercial cargo carriers and commuter carriers under Phase 2 Commercial Airline Access Plan and Regulation for 2006-07 Plan Year; approve related actions; and make California Environmental Quality Act findings - All Districts

 

41.

Approve lease with Airport Management Services, LLC dba Hudson Group for operation of news and gift concession; authorize Director to terminate existing lease with TDM, Inc.; and make California Environmental Quality Act findings - District 2 (4/5 vote)

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

42.

Approve agreement D05-072 with RBF Consulting for Midway City Street and Drainage Improvement Project, four year term ($660,800); and make California Environmental Quality Act findings - District 1

 

43.

Approve amended agreement D04-051 with Econolite Traffic Engineering and Maintenance, Inc., for maintenance of traffic signals, unincorporated Orange County and cities, extending term one year; approve 3.2% increase in unit prices based on the greater Los Angeles area cost of living index; and authorize Auditor-Controller to make related payments - All Districts

 

PUBLIC PROTECTION

 

44.

Probation - Adopt resolution approving retroactive Juvenile Probation and Camps Funding Program agreement with State Office of Corrections Standards Authority, FY 2005-06 ($17,020,138); authorize Chief Probation Officer to execute agreement and subsequent amendments under certain conditions; and make California Environmental Quality Act findings - All Districts

 

45.

Sheriff-Coroner - Approve price agreement N3000005707 with Heli-Mart, Inc., for MD 600N helicopter airframe components overhaul and exchange, repair or replacement of parts/assemblies, 3/1/06 - 2/28/07 ($300,000) - All Districts

 

GENERAL ADMINISTRATION

 

            County Executive Office:

 

46.

Approve in concept tax-exempt financing of cogeneration conversion project in the Civic Center and installation of a photovoltaic system on selected County parking structures - District 1 (Continued from 11/8/05, Item 34; 11/22/05, Item 54)

 

47.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts

 

48.

Approve FY 2005-06 Second Quarter Budget Report; approve related budget adjustments and amend master position control - All Districts (4/5 vote)

 

49.

Receive and file County of Orange Proposition 69 Implementation Guidelines - All Districts

 

50.

Receive and file Quarterly Information Technology Project Report, IT Event Report and IT Cost Survey - All Districts

 

51.

Treasurer-Tax Collector - Adopt resolution authorizing issuance of Anaheim Union High School District General Obligation Bonds, Election of 2002, Series 2006 C (12,001,045) - Districts 2, 3 & 4

 

IV.  PUBLIC HEARINGS (None Scheduled)

 

V.   CLOSED SESSION (Items CS-1-CS-8)

 

The Board will break for lunch at approximately 12:00 PM and will consider closed session matters during that break.  The Board will then resume to handle any remaining business if necessary.

 

GENERAL ADMINISTRATION

 

            County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  Dana Darnell  vs. County of Orange, Case No. AHM 0094945

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:    Trisha Kipps v. County of Orange, Case Nos. AHM 0103029; AHM 0104149

 

CS-3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  Spirit of the Sage Council v. Babbitt, Case No. 98-1873 (EGS) D.D.C

 

CS-4.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED  LITIGATION - Pursuant to Government Code Section 54956.9(b):
Number of Cases:  One Case

 

CS-5.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:    Bankruptcy of Aloha Airlines - In re Aloha Airgroup, Inc., et al., U.S. Bankruptcy Court for the District of Hawaii, Case No. 04-03063 (Jointly Administered)

 

CS-6.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:    Endangered Habitats League, et al., v. County of Orange, (Rutter Development Co., Real Party in Interest), Orange County Superior Court Consolidated Cases No. 03CC00065 c/w 03CC00070 and 03CC00563 ; Appellate Court Case No. G034416; Supreme Court Case No. S137049

 

CS-7.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:   USA, etc. v. Sequel Contractors, Inc., et al., United States District Court Case No. CV04-01868 RGK (PJWx)

 

CS-8.

Human Resources Department - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Dianna Garcia
Employee Organizations:  All represented and unrepresented employees
RE:  Terms and Conditions of Employment

 

VI.  PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

At this time, members of the public may address the Board of Supervisors regarding any off-agenda items within the subject matter jurisdiction of the Board of Supervisors provided that NO action may be taken on off-agenda items unless authorized by law.  Comments shall be limited to three minutes per person and twenty minutes for all comments, unless different time limits are set by the Chairman subject to the approval of the Board.

 

COUNTY EXECUTIVE OFFICER COMMENTS:

 

BOARD COMMENTS:

 

At this time, members of the Board of Supervisors may comment on agenda or non-agenda matters and ask questions of or give directions to staff; provided that NO action may be taken on off-agenda items unless authorized by law.

 

ADJOURNED:

 

 

 

NEXT MEETINGS:

February 14, 2006                       Canceled Meeting
February 21, 2006                       Canceled Meeting
February 28, 2006                       Regular Meeting