REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, May 6, 2008

 

BOARD HEARING ROOM, FIRST FLOOR                  

333 W. Santa Ana Blvd., 10 Civic Center Plaza    

Santa Ana, California              

 

JOHN M. W. MOORLACH                    

CHAIR                                  

Second District    

 

PATRICIA BATES                         

VICE CHAIR                             

Fifth District     

JANET NGUYEN                           

SUPERVISOR                             

First District     

 

 

BILL CAMPBELL                          

SUPERVISOR                             

Third District     

CHRIS NORBY                            

SUPERVISOR                             

Fourth 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, 333 W. Santa Ana Blvd., 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 Nguyen, First District

 

PLEDGE OF ALLEGIANCE:  Supervisor Norby, Fourth District

 

I N D E X

 

I.      PRESENTATIONS/INTRODUCTIONS                                                                                                            Page #

II.     CONSENT CALENDAR                                                                                   (Items 1-24)                              Page #

III.    DISCUSSION ITEMS                                                                                       (Items 25-52)                            Page #

IV.    PUBLIC HEARINGS                                                                                         (Item 53)                                   Page #

V.     RECESS & DISCUSSION ITEM                                                                     (Items 54)                                  Page #

VI.    CLOSED SESSION                                                                                            (Items CS-1-CS-6)                   Page #

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


 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chair Moorlach - Update from Acting Sheriff Jack Anderson

 

II.   CONSENT CALENDAR (Items 1-24)

 

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.

 

BOARD APPOINTMENTS

 

1.

Chair Moorlach - Santa Ana River Flood Protection Agency - Appoint Herb I Nakasone, Irvine, as alternate, for term ending 12/31/08

 

DEPARTMENT APPOINTMENTS

 

2.

Health Care Agency - Rescind Resolution 91-829 and approve amended Emergency Medical Services Quality Assurance Board Bylaws; appoint Terre Duensing, Santa Ana; Beverly Nighswonger, Santa Ana; and Patrick Powers, Santa Ana, for term concurrent with position - All Districts

 

3.

OC Community Services - Orange County Workforce Investment Board - Reappoint Jim Adams, Santa Ana; Pradeep (Peter) Agarwal, Santa Ana; Pamela Boozan, Santa Ana; William Habermehl, Santa Ana; Lauray Holland Leis, Santa Ana; John Luker, Santa Ana, Don McCrea, Santa Ana; Scott McKenzie, Santa Ana; Bonny Perez, Santa Ana; and Gary Toyama, Santa Ana, to complete term ending 12/31/10 - All Districts

 

COMMENDATIONS/PROCLAMATIONS/REPORTS

 

            Supervisor Nguyen:

 

4.

Adopt resolution commending Mental Health Association of Orange County's 50th Anniversary

 

5.

Adopt resolution declaring May 12-18, 2008 as "Santiago Creek Week"

 

6.

Adopt resolution commending Petty Officer Michael A. Monsoor for his bravery in the line of fire, and valor in defense of the United States of America

 

ELECTED DEPARTMENT HEADS

 

            District Attorney:

 

7.

Authorize purchasing agent or designee to issue price agreement N3000006360 with Pula Legal Interpreting Network for outstanding invoices to pay for professional sign language interpreting services, term ending 3/11/08 ($6,000; new total $66,000) - All Districts

 

8.

Approve amendment 1 to lease agreement DA-06-013 with American Pacific Secured File Storage, Inc. for storage space; and make California Environmental Quality Act findings - District 1

 

            Sheriff-Coroner:

 

9.

Approve agreement with TMAD Taylor & Gaines for Central Jails Complex Digital Closed Circuit TV system ($72,000) - District 1

 

10.

Approve rental indemnification agreement with City of Orange for Correctional Programs Volunteer Appreciation picnic to be held at Hart Park, 5/17/08 ($4,000); authorize Sheriff-Coroner or designee to execute agreement; and authorize expenditure form Inmate Welfare Fund - District 3

 

11.

Approve agreement with TMAD Taylor & Gaines for Theo Lacy Facility Digital Closed Circuit TV system ($72,000) - District 3

 

12.

Approve plans and specifications and set bid opening for 6/11/08, 2:00 p.m., for replacement of Central Men's and Women's Jails electric cell door consoles; and make California Environmental Quality Act and other findings - District 1

 

CHILD SUPPORT SERVICES

 

13.

Approve amendment 4 to price agreement N1000008502 with Dell Marketing LP for Microsoft Application Licensing, term ending 2/28/10 ($60,000; new total $410,000) - All Districts

 

HEALTH CARE AGENCY

 

14.

Approve Orange County HIV Planning Council amended Bylaws - All Districts

 

15.

Approve State Representation agreement with State Department of Health Care Services for representation and defense of County in any California Children's services fair hearing appeal, regarding denial or discontinuation of program eligibility or benefits; and authorize Director or designee to execute agreement - All Districts

 

JOHN WAYNE AIRPORT

 

16.

Approve plans and specifications and set bid opening for 6/4/08, 2:00 p.m., for Terminals A, B and C Passenger Boarding Bridges; and make California Environmental Quality Act findings - District 2

 

OC COMMUNITY RESOURCES

 

17.

OC Community Services - Approve agreement with Mercy House Transitional Living Centers, Inc. for Cold Weather Armory Emergency Shelter Program, FY 2008-09 ($485,000); and authorize Director or designee to execute agreement and sign License to Use State Military Facility agreement with California National Guard for Santa Ana and Fullerton Armory facilities ($134,100) - All Districts (Continued from 4/1/08, Item 7)
DELETED

 

OC PUBLIC WORKS

 

18.

Reject bids and return all bid guarantees; approve revised plans and specifications and set bid opening for 6/11/08, 2:00 p.m., for administrative office reconfiguration, Central Justice Center - District 1

 

19.

Approve agreement D08-009 with All American Asphalt for contract retention funds to be placed in escrow; and authorize Auditor-Controller to make related payments - District 3

 

20.

Approve cooperative agreement with MiOcean Foundation for contribution toward construction costs of Poche Beach Ultraviolet Bacteria Disinfection System project ($250,000); and make California Environmental Quality Act findings - District 5

 

21.

Approve cooperative agreement with Huntington Beach, Signal Landmark and Local Agency Formation Commission for annexation of the Bridgewater Development project; and make California Environmental Quality Act findings - District 2

 

SOCIAL SERVICES AGENCY

 

22.

Authorize approval and submission of Local Planning Council County Priorities Report Form to State Department of Education for continued funding of child care centers - All Districts

 

GENERAL ADMINISTRATION

 

23.

County Executive Office - Approve allocation and expenditure of Third ($66,666) and Fourth ($133,334) District Fund 130 funds for Tri-City Park Master Plan Project; authorize the County Executive Officer or designee to execute agreement; and make related findings - Districts 3 and 4

 

24.

Supervisor Campbell - Approve waiver of permit fees to access Black Star Canyon Road for The Warriors Society of Orange County, "The Traverse" fundraiser for the Freedom Alliance Scholarship Fund event on 5/17/08

END OF CONSENT CALENDAR

 

III.  DISCUSSION ITEMS (Items 25-52)

 

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

 

ELECTED DEPARTMENT HEADS

 

            District Attorney:

 

25.

Approve lease agreement DA 07-059 with Cornerstone Partners IV, LLC for 4,042 square feet of office space at 5000 Birch Street, Newport Beach; and make California Environmental Quality Act findings - District 2

 

26.

Presentation of District Attorney's Proposed High Thru-Put DNA Laboratory - All Districts

 

27.

Sheriff-Coroner - Consider second reading and adoption of "An Ordinance of the County of Orange, California Amending Section 4-1-46 of the Codified Ordinances of the County of Orange to Add County Buildings to the List of Designated Places Prohibiting the Presence of Dogs" - All Districts (Continued from 4/29/08, Item 24)

 

CHILD SUPPORT SERVICES

 

28.

Approve price agreement S1000000298 with ABC Legal Services, dba: Process Forwarding International for legal process service, 5/6/08 - 5/5/09 ($500,000); renewable for four additional one-year periods, per Board policy - All Districts

 

HEALTH CARE AGENCY

 

29.

Approve agreement with State Department of Mental Health and California Housing and Finance Agency for Mental Health Services Act Housing Program ($33,158,300); and authorize Director or designee to execute agreement - All Districts 

 

30.

Approve amendment 1 to agreement 07-NNA30 with State Department of Alcohol and Drug Programs for alcohol and drug abuse treatment and prevention services, 7/1/07 - 6/30/08 ($196,042 decrease; new total $21,330,694); and authorize Director or designee to execute agreement - All Districts

 

JOHN WAYNE AIRPORT

 

31.

Approve amendment 2 to agreements with Butier Engineers, Inc ($75,000; new total $644,600) and Jeff Oviedo and Associates, Inc. ($50,000; new total $80,400) for Project Management services, Capital Improvement Program, FY 2007-08; and make California Environmental Quality Act findings - District 2

 

32.

Approve agreement with Mactec Engineering and Consulting, Inc. for testing and inspection services, five year term ($8,500,000); renewable for two additional years per Board policy; and find Final EIR 582 and addendum 582-1, as revised by Final EIR 582, are adequate to satisfy requirements of California Environmental Quality Act - District 2

 

33.

Approve agreement with Ninyo & Moore Associates for testing and inspection services, five year term ($8,500,000); renewable for two additional years per Board policy; and find Final EIR 582 and addendum 582-1, as revised by Final EIR 582, are adequate to satisfy requirements of California Environmental Quality Act - District 2

 

34.

Approve consent to assignment of agreement from Jacobs Facilities, Inc. to PinnacleOne, Inc., a wholly owned subsidiary of ARCADIS.US, Inc. for construction management services for Terminal C project; and find Final EIR 582 and addendum 582-1, as revised by Final EIR 582, are adequate to satisfy requirements of California Environmental Quality Act - District 2

 

OC PUBLIC WORKS

 

35.

Authorize Auditor-Controller to issue payment to Southern California Edison Company for utility relocation elements for Laguna Canyon Road Widening and Realignment project ($916,597.78) - District 5

 

36.

Approve price agreement N1000009872 with The Soto Company for landscape maintenance services, Mile Square Regional Park, 6/1/08 - 5/31/09 ($348,613); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - District 2

 

37.

Approve price agreement N1000009877 with Green Tech Landscape for landscape maintenance services, Mason Regional Park, 6/1/08 - 5/31/09 ($233,680); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - District 5

 

38.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve amendment 1 to price agreement N1000008179 with Pirkle Trucking & Equipment Rental, Inc. for on-call rental of haul trucks ($270,000; new total $695,000); and make California Environmental Quality Act findings - All Districts

 

OC WASTE & RECYCLING

 

39.

Receive bids and award contract to R.J. Noble Company for pavement rehabilitation project, Olinda Alpha Landfill ($544,515); and make California Environmental Quality Act findings - District 3

 

PUBLIC PROTECTION

 

            Public Defender:

 

40.

Approve lease agreement with Cornerstone Partners IV, LLC., for 5,643 square feet of office space at 5000 Birch Street, Suite 5700, Newport Beach, 5 year term; and make California Environmental Quality Act findings - District 2

 

41.

Approve lease agreement with Cornerstone Partners IV, LLC., for 1,472 square feet of office space at 5000 Birch Street, Suite 1100, Newport Beach, 5 year term; and make California Environmental Quality Act findings - District 2

 

SOCIAL SERVICES AGENCY

 

42.

Approve amendment 1 to agreement CRC1405A with Laboratory Corporation of America Holdings for additional drug testing services, 5/7/08 - 6/30/08 ($75,000; new total $1,410,510)- All Districts

 

GENERAL ADMINISTRATION

 

            County Executive Office:

 

43.

Approve Police Community Reconciliation Program to assist the public in understanding the Sheriff Department's complaint resolution process; direct Human Resources Department to take necessary actions to fund and implement program; and direct Human Relations Commission to provide quarterly updates on program implementation and accomplishments on a quarterly basis - All Districts (4/5 vote) (Continued from 4/1/08, Item 37)

 

44.

Approve price agreement N1000009880 with The NTI Group, Inc. for public mass notification system services, 4/29/08 - 4/28/11 ($1,688,037) - All Districts

 

45.

Direct County Executive Office to implement the Customer Care Tracking Program and report to the Board as part of the Quarterly Budget Report - All Districts

 

46.

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

 

47.

Acting as the Legislative Body of Community Facilities District No. 2004-1 (Ladera Ranch) - Approve amendment 1 to Acquisition, Funding and Disclosure agreement for Series A of 2005 Special Tax Bonds; and authorize Public Finance Manager to execute agreement - District 5

 

48.

Approve recommended grant applications submitted by OC Public Libraries in 5/6/08 Grants report - All Districts

 

49.

Approve FY 2007-08 Third Quarter Budget Report; amend master position control; approve various budget adjustments and fund closures; and approve revised billing rates for steam and chilled water produced by Central Facility for heating and cooling - All Districts (4/5 vote)

 

50.

Approve price agreement N1000009949 with Southern California Risk Management Associates (SCRMA) for administration of County's self-insured workers' compensation claims, 5/7/08 - 6/30/09; renewable for two additional one year periods per Board policy - All Districts

 

51.

Approve allocation of Fifth District Fund 406 and 130 expenditures for various OC Parks and District Community Priorities and Project to serve County public interest, make related findings and authorize Clerk of the Board to execute agreements - District 5

 

52.

Office of the Performance Audit Director - Approve FY 2008/09 Work Plan and schedule for Office of Performance Audit Director - All Districts

 

IV.  PUBLIC HEARINGS (Item 53)

 

OC COMMUNITY RESOURCES

 

53.

OC Community Services - Public Hearing to consider submission of Final Annual Action Plan, FY 2008-09 to U.S. Department of Housing and Urban Development; and authorize Director or designee to execute related documents and amendments under certain conditions - All Districts
CONTINUED TO 5/13/08, 9:30 A.M.

 

V.  RECESS & DISCUSSION ITEM (Item 54)

 

1:30 P.M.

 

GENERAL ADMINISTRATION

 

54.

Human Resources Department - Sheriff Comments - All Districts

 

VI.   CLOSED SESSION (Items CS-1-CS-6)

 

The Board will break for lunch at approximately 12:00 PM and may 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:    Orange County Flood Control District v. Hein Hettinga, et al., San Bernardino County Superior Court Case No.  RCV 085803

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:    In re Frontier Airlines Holdings, Inc., et al., United States Bankruptcy Court, Southern District of New York, Case No. 08-11298 (RDD)

 

CS-3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:    Laderahope, etc., et al. v. County of Orange, etc., et al. Orange County Superior Court Case No. 30-2008-00100906

 

CS-4.

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

 

            Human Resources Department:

 

CS-5.

CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Thomas G. Mauk
Employee Organization:  American Federation of State, County and Municipal Employees (AFSCME)
RE:  Terms and Conditions of Employment

 

CS-6.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957:
Title:  Clerk of the Board of Supervisors

 

VII.  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:

May 13, 2008                              Regular Meeting
May 20, 2008                              Regular Meeting
May 27, 2008                              Canceled Meeting