REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, July 31, 2007

 

BOARD HEARING ROOM, FIRST FLOOR     

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

Santa Ana, California              

 

CHRIS NORBY                            

CHAIRMAN                               

Fourth District    

 

JOHN M. W. MOORLACH                    

VICE CHAIRMAN                          

Second District    

JANET NGUYEN                           

SUPERVISOR                             

First District     

 

 

BILL CAMPBELL                          

SUPERVISOR                             

Third District     

PATRICIA BATES                         

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, 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 Moorlach, Second District

 

PLEDGE OF ALLEGIANCE:  Supervisor Campbell, Third District

 

I N D E X

 

I.    PRESENTATIONS/INTRODUCTIONS                                                                                                            Page #

II.   CONSENT CALENDAR                                                                                   (Items 1-25)                             Page #

III.  DISCUSSION ITEMS                                                                                       (Items 26-39)                           Page #

IV.  PUBLIC HEARINGS                                                                                         (None Scheduled)                  Page #

V.   CLOSED SESSION                                                                                            (Item CS-1)                              Page #

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


 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-25)

 

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.

Supervisor Norby - In-Home Supportive Services Advisory Committee - Appoint Rosemary Jean Dowd, Anaheim, and reappoint Haiganoush (Heidi) Aharonian, Irvine, for terms ending 7/30/11

 

ELECTED DEPARTMENT HEADS

 

2.

Sheriff-Coroner - Approve amended agreement with Rancho Santiago Community College District for law enforcement training - All Districts

 

3.

Treasurer-Tax Collector - Approve amendment 3 to price agreement N1000007499 with Steve Shultz for implementation of ATS re-write pilot project and needs assessment phases for replacement of property tax application, 7/20/07 - 9/30/07 ($49,000; new total $273,000) - All Districts

 

ORANGE COUNTY PUBLIC LIBRARY

 

4.

Approve price agreement N1000008861 with SirsiDynix for software and hardware maintenance and support services for Library Information System, 8/31/07 - 7/31/08 ($72,430); renewable for four additional one year terms ($79,673 second year; $87,621 third year; $96,323 fourth year; $105,925 fifth year) per Board policy - All Districts

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

5.

Approve agreement with Orange County Fire Authority and Rancho Mission Viejo to establish fire safety standards and procedures; and authorize Director to make subsequent amendments under certain conditions - District 5 (Continued from 3/27/07, Item 41; 4/24/07, Item 10; 5/22/07, Item 19; 6/26/07, Item 17)

 

6.

Approve agreement 07-0090 with State Department of Food and Agriculture for egg quality control enforcement, 7/1/07 - 6/30/08 ($16,839.14); and authorize Agricultural Commissioner to execute agreement - All Districts

 

7.

Approve agreement 07-0257 with State Department of Food and Agriculture for organic food enforcement, 7/1/07 - 6/30/08 ($1,500); and authorize Agricultural Commissioner to execute agreement - All Districts

 

8.

Approve Memorandum of Understanding with State Department of Consumer Affairs for structural pest control applicator examination reimbursement, 7/1/07 - 6/30/08 ($15.00 per examinee); and authorize Agricultural Commissioner to sign MOU - All Districts

9.

Approve amended easement agreement with RMV Ortega Rock, LLC for parcel of land within Caspers Regional Park; and make California Environmental Quality Act findings - District 5

 

10.

Adopt resolution certifying completion of street improvements, street lights, sewer and water systems, and monumentation; authorizing release of security and accepting public street improvements, street lights, sewer and water systems, and monumentation, Tract 16351, Pardee Homes, Ladera Ranch area - District 5

 

11.

Receive bids and award contract to Micon Construction, Inc. for Orchard Drive Park refurbishment, Santa Ana Heights area ($112,976) - District 2

 

12.

Approve license agreement with Southern California Edison for recreational trail and hiking purposes, Limestone Canyon Whiting Ranch Wilderness Park; and make California Environmental Quality Act findings - District 5

 

13.

Receive bids and award contract to GCI Construction, Inc. for resurfacing of Turkey Springs Road, Joplin Youth Center ($227,516) - District 3

 

14.

Approve renewal of price agreement N1000007787 with Barry's Security Services, Inc. for unarmed security services, Seven Oaks Dam, 8/1/07 - 7/31/08 ($115,000); renewable for one additional year per Board policy; and make California Environmental Quality Act findings - All Districts

 

15.

Approve agreement with Tonner Hills SSP, LLC and Tonner Hills 680, LLC for development of public benefits for Tonner Hills Planned Community; and make California Environmental Quality Act findings - District 3

 

16.

Approve price agreement N1000008852 with Linemaster for sandblasting services at various County locations, 8/1/07 - 7/31/08 ($126,500); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - All Districts

 

17.

Approve agreement with Southern California Gas Company for transportation of natural gas to Central Utility Facility, 8/1/07 - 8/1/09 ($93,690); authorize Director or designee to execute agreement; and make California Environmental Quality Act findings - District 1

 

18.

Accept work of Spectra Company for George Key Ranch Improvements Phase II, project completed 6/14/07 ($268,410) - District 4

 

19.

Accept work of Micon Construction, Inc. for refurbishment of Yorba Park picnic shelters, project completed 7/3/07 ($315,535) - District 3

 

20.

Approve agreement D07-062 with The Irvine Company and Irvine Community Development Company LLC for reimbursement of costs of consultant services for Orange County Flood Control District facilities; and authorize Department to enter into related agreements - District 3

 

21.

Receive bids and award contract to Pacific Sundance Construction, Inc. for computer room improvements, Central Justice Center ($210,346) - District 1

 

22.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve amended agreement D05-013 with RMV Community Development, Inc. and Pacific Advanced Civil Engineering, Inc. for studies within the San Juan Creek watershed, extending term one year ($997,500); and make California Environmental Quality Act findings - District 5

 

PUBLIC PROTECTION

 

23.

Probation - Approve price agreement N3000007009 with BI, Inc. for lease of continuous electronic monitoring equipment/hardware and for the provision of off-site centralized monitoring services for Juvenile Offender Supervised Electronic Confinement Program, 8/1/07 - 7/31/08 ($75,500); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - All Districts

 

GENERAL ADMINISTRATION

 

24.

County Executive Office - Approve master agreement X1000000354 with Pitney Bowes, Inc. for mailing system products and services, 8/1/07 - 7/31/08; and authorize Purchasing Agent or designee to execute agreement and renew agreement for four additional one year periods - All Districts

 

25.

Internal Audit - Receive and file Internal Audit Department Monthly Status Report for June 2007 - All Districts

END OF CONSENT CALENDAR

 

III.  DISCUSSION ITEMS (Items 26-39)

 

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

 

GENERAL ADMINISTRATION

 

26.

County Executive Office - Approve 2007 Personnel and Salary resolution and Memoranda of Understanding with Orange County Employees Association (OCEA) - All Districts

 

27.

Supervisor Moorlach - Consider indicating intent to rescind the retroactive portion of the 3% at 50 pension increase to all Public Safety employees who received such retroactive increase as part of amendment to Memorandum of Understanding approved on December 4, 2001, except that members who have retired since increase took effect shall not be required to repay any pension payments that they have actually received; direct staff to return to Board on September 11, 2007 with a recommendation on how to effect rescission; direct County Counsel to complete a Request for Proposals and return to Board on September 11, 2007 with  a recommendation to employ  counsel to file a Declaratory Relief action in Orange County Superior Court against Association of Orange County Deputy Sheriffs (AOCDS) and the Orange County Employees Retirement System (OCERS) and seeking an injunction against further payments of the retroactive portion of retiree payments; and direct staff to determine with OCERS the cost of payment of retroactive benefit by active safety employees and consult with AOCDS regarding proposed contract to make such payments

 

HEALTH CARE AGENCY

 

28.

Approve agreements with America on Track, dba Orange County On Track ($200,000), California State University, Long Beach Foundation ($200,000) and National Council on Alcoholism and Drug Dependence - Orange County ($200,000) for Tobacco Free Communities Lead Agency services, 8/1/07 - 6/30/08 - All Districts

 

HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

29.

Acting as the Board of Supervisors and Orange County Development Agency - Approve subordination of loan for financing plan for Dorado Senior Apartments ($8,000,000); authorize Director or designee to utilize Home funds for development of Dorado Senior Apartments and to execute subordination agreement, loan documents and restrictive covenants - District 4

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

30.

Adopt resolution establishing a City Aid Program for sharing of Proposition 42 funds with various County cities (not to exceed $10,000,000), authorizing staff to negotiate agreements and return to the Board for approval; approve program for distribution of Proposition 1B funds and development of projects for FY 08-09; and make California Environmental Quality Act and other findings and approve directions to staff - All Districts (4/5 vote)

 

GENERAL ADMINISTRATION

 

            County Executive Office:

 

31.

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

 

32.

Approve proposed response to FY 2006-07 Grand Jury Report  "Orange County Disciplinary Procedures for Elected Officials" - All Districts

 

33.

Approve proposed response to FY 2006-07 Grand Jury Report "An In-Custody Death Review" - All Districts (Continued from 7/17/07, Item 54)

 

34.

Approve grant applications report as proposed and other actions as recommended - All Districts

 

35.

Receive and file 2006 Financial Statements of Orange County Employees Retirement System - All Districts

 

            Human Resources Department:

 

36.

Adopt Employee Health Plan Rate Tables for 2008 for designated employees; authorize Assistant Human Resources Director to sign policies with CIGNA and Kaiser for Group Service Health Plans; and approve amended Administrative Services agreement N1000007147 with CIGNA Healthcare of California, Inc. for Health Maintenance Organization health plan for employees, effective 1/01/07 - 12/31/08 - All Districts

 

37.

Approve various salary range adjustments for certain classifications; effective first day of pay period following adoption - All Districts

 

38.

Approve price agreement N1000009046 with Blue Shield of California for claims administration, cost management services and Preferred Provider Organization network for self-funded PPO Health Plans and self-funded Management and Attorney Dental Plan, 1/1/08 - 12/31/10; renewable for two additional one year periods, per Board policy - All Districts

 

39.

Supervisor Moorlach - Approve amended bylaws for the Orange County Audit Oversight Committee

 

IV.  PUBLIC HEARINGS (None Scheduled)

 

V.   CLOSED SESSION (Item CS-1)

 

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

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - INITIATION OF  LITIGATION - Pursuant to Government Code Section 54956.9(c):
Number of Cases:  One Case

 

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:

August 7, 2007                            Regular Meeting and Strategic Workshop at Santa Ana Police
                                                     Department Community Center
August 14, 2007                          Regular Meeting
August 21, 2007                          Regular Meeting