REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, December 18, 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 Bates, Fifth District

 

PLEDGE OF ALLEGIANCE:  Supervisor Nguyen, First District

 

I N D E X

 

I.    PRESENTATIONS/INTRODUCTIONS                                                                                                            Page #

II.   CONSENT CALENDAR                                                                                   (Items 1-29)                             Page #

III.  DISCUSSION ITEMS                                                                                       (Items 30-53)                           Page #

IV.  PUBLIC HEARINGS                                                                                         (Items 54-55)                           Page #

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

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

VII. RECESS & ADJOURNMENT                                                  (Item 56)                             Page #


 

I.    PRESENTATIONS/INTRODUCTIONS

 

Presentation by Faubel Public Affairs on Water Quality Awareness Campaign

 

II.   CONSENT CALENDAR (Items 1-29)

 

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 Moorlach - Public Financing Advisory Committee - Appoint Ian S. Rudge, Irvine, to complete term ending 8/11/08

 

DEPARTMENT APPOINTMENTS

 

2.

Health Care Agency - Well Standards Advisory Board - Reappoint John Gregg, Signal Hill; Roy L Herndon, Fountain Valley; Bruce M. Moore, Anaheim; Jeffery R Renna, Huntington Beach; Nabil B. Saba, P.E., Santa Ana; for terms ending 1/3/11

 

ELECTED DEPARTMENT HEADS

 

            Sheriff-Coroner:

 

3.

Adopt resolution amending membership of the Emergency Management Council and designation of Director of Emergency Services, and rescinding Resolution 05-016 - All Districts (Continued from 12/4/07, Item 3)

 

4.

Approve license sgreement with OneLegacy for office space, Coroner's facility, 1071 W. Santa Ana Blvd.; and make California Environmental Quality Act findings - District 1

 

5.

Approve amendment 1 to license agreement with Boys and Girls Club of Tustin for use of a portion of Sheriff's Coroner facility; and make California Environmental Quality Act findings - District 1

 

6.

Approve travel by Sheriff's Department employees and one member of the Board of Supervisors or designee to Canada as goodwill ambassadors, 1/28/08 - 1/31/08; and make related findings - All Districts

 

7.

Treasurer-Tax Collector - Adopt resolution approving public auction sale #1380 on 3/19/08, to sell tax-defaulted property - All Districts

 

HEALTH CARE AGENCY

 

8.

Approve agreement with California Chapter 4, American Academy of Pediatrics for Pediatric Development Screening services, 1/1/08 - 6/30/09 ($133,412) - All Districts

 

HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

9.

Approve amendment 1 to agreement with Adult Day Services of Orange County for modification of automobile insurance requirement; and authorize Director or designee to execute amendment and approve corporate name change if requested by vendor without further Board action - All Districts

 

INTEGRATED WASTE MANAGEMENT DEPARTMENT

 

10.

Approve amended agreements RW000131 and RW000129 with Geosyntec Consultants for multi-discipline engineering support services for south and central regional landfill
operations, extending terms to 9/30/08 - Districts 3 & 5

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

11.

Select Donald Krotee Partnership, Inc. as primary and Pickard Architects as alternate firms for Chestnut Central Storage Facility project; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - District 1

 

12.

Declare bids of Spec Construction Company, Inc. and Mega Way Enterprises to be non-responsive; receive bids and award contract to PCN3 for construction of entrance improvements, Irvine Regional Park ($378,821.90) - District 3

 

13.

Accept Irrevocable Offer of Dedication from Signal Landmark for local park purposes, Huntington Beach area; and make California Environmental Quality Act findings - District 2

 

14.

Approve lease agreement with Civic Center, LLC. for office space, 600 W. Santa Ana Boulevard, Santa Ana for growth needs of Health Care Agency Employee Health Services Program; and make California Environmental Quality Act findings - District 1

 

15.

Approve plans and specifications and set bid opening for 1/16/08, 2:00 p.m., for asphalt overlay resurfacing of various streets in Orange County; and make California Environmental Quality Act findings - Districts 2 & 3

 

16.

Accept work of S&S Power Engineering, Inc. for Building 12 Uninterruptible Power Supply, project completed 10/3/07 ($153,109) - District 1

 

17.

Receive and file development fee deposit reports; and find deposits held more than five years be retained for future projects within specified fee programs - All Districts

 

18.

Approve renewal of price agreement N1000007381 with Marina Landscape, Inc. for landscape maintenance services, Yorba Regional Park, 3/1/07 - 2/28/08 ($133,114); renewable for one additional year per Board policy; and make California Environmental Quality Act findings - District 3

 

19.

Approve easement deed to Southern California Edison for underground electrical utility services for Wheeler Library and OC Parks facilities; and make California Environmental Quality Act findings - District 3

 

20.

Acting as the Orange County Flood Control District - Approve offer and agreement to purchase easement with Lennar Homes of California and  storm drain easement deed to Riverside County Flood and Water Conservation Control District over Prado Dam at East Bay and Hall Avenue; and make California Environmental Quality Act and other findings - All Districts (4/5 vote)

 

21.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement D07-119 with LSA Associates, Inc. for environmental documentation and permitting services for Public Works transportation and recreation projects, three-year term ($200,000); and make California Environmental Quality Act findings - All Districts

 

SOCIAL SERVICES AGENCY

 

22.

Approve amendment 1 to extend price agreement N1000008642 with Stealth Network Communications for Cisco software/hardware maintenance, 1/1/08 - 6/30/08 ($107,643.81; new total $219,915.40); renewal of price agreement contingent upon and coterminous with extension or renewal of CMAS agreement 3-02-70-1696A per Board policy - All Districts

 

23.

Approve price agreement N1000009268 with Westbay Solutions Group LLC for Business Objects training services, 1/1/08 - 12/31/10 ($200,000); renewable for two one-year periods ($80,000) per Board policy - All Districts

 

PUBLIC PROTECTION

 

24.

Probation - Approve amendment 1 to price agreement N1000009024 with Gregory Bodenhamer for professional training services for Parent Empowerment Program, 7/1/07 - 3/31/08 ($20,000; new total $70,000); and make California Environmental Quality Act findings - All Districts

 

GENERAL ADMINISTRATION

 

25.

County Counsel - Approve consent agreement with Liebert Cassidy Whitmore for representation of Municipal Water District of Orange County in implementation of Proposition 50 and South Orange County Integrated Regional Water Management Plan Grant -  All Districts

 

            County Executive Office:

 

26.

Approve renewal of membership for National Association of Counties, 1/01/08 - 12/31/08 ($45,000) - All Districts

 

27.

Receive and file policies for Internet web site (eGovernment) - All Districts

 

28.

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

 

29.

Supervisor Campbell and Supervisor Bates - Approve amendment to Memorandum of Agreement with Benjamin P. De Mayo, County Counsel, for increase of salary to $202,763, effective 8/24/07

END OF CONSENT CALENDAR

 

III.  DISCUSSION ITEMS (Items 30-53)

 

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

 

30.

District Attorney - Approve purchase order PC 026 P0800002912 with Hewlett Packard Company for replacement of desktop computers ($1,083,384.14) - All Districts

 

            Sheriff-Coroner:

 

31.

Authorize Sheriff-Coroner or designee to negotiate and execute Frequency Reconfiguration Agreement with Motorola, Inc. to provide equipment and services and with Nextel, including any necessary amendments and change orders, to reimburse Motorola, INc. and County for related costs of approximately $3,000,000 or greater to support the Federal Communications Commission Rebanding of the 800 MHz Countywide Coordinated Communications System - All Districts

 

32.

Approve amendment 1 to price agreement N1000008413 with Pepperdine University for youth diversion counseling services, 1/1/08 - 12/31/08 ($400,000) - All Districts

 

33.

Approve price agreement N1000009457 with California Forensic Phlebotomy, Inc. for phlebotomy services related to blood alcohol testing,12/18/07 - 12/17/08; renewable for two additional one year periods ($180,000 per year) - All Districts

 

34.

Ratify amendment 3 to price agreement N3000005587, 12/31/06 - 12/30/07 ($41; new total $360 per evaluation) and amendment 4 to price agreement N4000005587, 12/31/07 - 12/30/08 with Susan Saxe-Clifford, Ph.D., APC, for psychological evaluation services ($250,000) - All Districts

 

35.

Approve continuance of proclamation of a local emergency in connection with Santiago Fire, located within geographic area of County of Orange pursuant to Government Code Section 8630(b) and section 3-1-6(a) of the Codified Ordinances of the County of Orange; and set review to determine continuing need for emergency action for 12/18/07, 9:30 A.M. - All Districts (Continued from 10/23/07, Item S21C; 11/6/07, Item 27; 11/20/07, Item 57 - Previously listed under County Counsel; 12/4/07, Item 17)

 

36.

Treasurer-Tax Collector - Approve 2008 Investment Policy Statement as amended; and adopt resolution delegating authority, as specified in Codified Ordinance Section 1-2-320, to the Treasurer-Tax Collector - All Districts (Continued from 12/11/07, Item 15)

 

JOHN WAYNE AIRPORT

 

37.

Select Mactec Engineering and Consulting, Inc. and Ninyo & Moore as primary and Stantec Consulting, Inc. as alternate firms for testing and inspection services for JWA Improvement Program; authorize negotiation of agreements for Board approval; and make California Environmental Quality Act findings - District 2

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

38.

Approve contract change order no. 12 to agreement D05-096 with SEMA Construction, Inc. for Warner Avenue Bridge widening over Santa Ana River Channel ($116,400) - Districts 1 and 2

 

39.

Receive bids and award contract to American Asphalt South, Inc. for slurry seal of various streets ($1,362,160) - Districts 3 & 5

 

40.

Adopt resolution approving intent to abandon 0.38 acres of Santiago Oaks Regional Park; set public hearing for 2/26/08, 9:30 a.m., to consider abandonment; approve easement deed and grant deed from David Duane Blunk and Steffany Blunk; and make California Environmental Quality Act findings - District 3

 

41.

Acting as the Orange County Flood Control District - Approve continuance of emergency pursuant to Public Contract Code Section 22050 (c)(1) for emergency repairs of damaged levee of northerly East Garden Grove - Wintersburg Channel; approve acceptance of Coastal Development Permit and authorize Director or designee to execute permit; and set for review to determine continuing need for emergency action for 12/18/07, 9:30 a.m. - District 2 (Continued from 10/16/07, Item 32; 10/30/07 Item 13; 11/6/07, Item 24; 11/20/07, Item 51; 12/4/07, Item 23)

 

42.

Acting as the Board of Supervisors and Orange County Flood Control District - Select various firms for on-call aerial photography and digital mapping services; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - All Districts

 

SOCIAL SERVICES AGENCY

 

43.

Approve price agreement N1000009198 with Transnational Computer Technology for technical support for Child Welfare Services/Case Management System, 1/1/08 - 12/31/10 ($1,672,320); renewable for two one-year periods per Board policy - All Districts

 

44.

Approve amendment 1 to agreements FHT0107.A1 with Anaheim-Fullerton Family Resource Center ($57,963; new total $316,463) and FER0807.A1 with Salk Family Resource Center ($57,963; new total $316,463) for Differential Response services, 1/1/08 - 6/30/08 - District 3

 

PUBLIC PROTECTION

 

45.

Probation - Approve amendment 2 to agreements with Sentinel Offender Services, LLC for provision of supervised electronic confinement services for low-risk adult offenders, 1/1/08 - 6/30/08 and to price agreement N1000007321 for lease of continuous electronic monitoring equipment/hardware and off-site monitoring services for high-risk adult sex offenders, 1/1/08 - 6/30/08 ($30,000; new total $105,000); and make California Environmental Quality Act findings - All Districts

 

46.

Public Defender - Approve amendment 2 to lease agreement with Civic Center, LLC for office space, 600 W. Santa Ana Boulevard, Suite #600; and make California Environmental Quality Act findings - District 1

 

GENERAL ADMINISTRATION

 

            County Executive Office:

 

47.

Receive and file Staff Report; approve amendment 1 to Amended Joint Powers agreement with Orange County Fire Authority - All Districts

 

48.

Approve 2007 Strategic Financial Plan (SFP); and FY 2007-08 First Quarter Budget Report recommended actions continued from 11/20/07 for consideration along with the SFP, including various amendments to the Master Position Control and associated costs implementation of SB 1773 fees to support Emergency Medical Services, allocation of remaining General Fund Balance Available and other directives - All Districts (4/5 vote) (Continued from 11/20/07, Item 53; 12/11/07, Item 27)

 

49.

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

 

50.

Approve recommended grant applications as proposed in 12/18/07 Grants Report and other actions as recommended - All Districts

 

51.

Approve allocation and expenditure of First District Fund 130 funds for various projects; and authorize the Clerk of the Board to execute agreements; and make related findings - District 1

 

52.

Approve Strategic Financial Plan and 1st Quarterly Budget Report follow-up matters continued from 11/20/07, Item #53 - All Districts (Continued from 12/11/07, Item 27)

 

53.

Approve price agreement N1000009296 with Strategic Investment Solutions, Inc. to review and report on performance and risk levels and risk management associated with the Orange County Employees Retirement System asset allocation, investment policies and procedures, and investment manager selection and monitoring practices, 10/16/07 - 10/15/08; renewable for two additional one year periods per Board policy - All Districts (Continued from 10/16/07, Item 33; 10/30/07, Item 35; 11/20/07, Item 55; 12/11/07, Item 28)

 

IV.  PUBLIC HEARINGS (Items 54-55)

 

ELECTED DEPARTMENT HEADS

 

54.

Sheriff-Coroner - Public Hearing to consider first reading of "An Ordinance of the County of Orange, California  Amending Article 1 of Title VIII, Section 16 Fee for Removing and Keeping Dead Bodies"; set second reading and adoption for 1/8/08, 9:30 a.m.; and make California Environmental Quality Act findings - All Districts

 

HEALTH CARE AGENCY

 

55.

Conduct Public Hearing to consider adopting resolution to provide an additional penalty assessment for distribution to Emergency Medical Services fund, effective 2/1/08; and make California Environmental Quality Act findings - All Districts

 

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.

Chairman Norby - PUBLIC EMPLOYEE APPOINTMENT:  PERFORMANCE AUDIT DIRECTOR - Pursuant to Government Code Section 54957:
Title:  Performance Audit Director

 

VI.  PUBLIC, CEO, BOARD & EMAIL COMMENTS

 

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.

 

 

VII.  RECESS & ADJOURNMENT  

                                                                                                                                            1:30 P.M.

 

GENERAL ADMINISTRATION

 

56.

County Executive Officer - Receive and file staff report concerning Citizens Law Enforcement Review Board (CLERB); conduct public workshop and provide direction to staff - All Districts

 

 ADJOURNED:

 

NEXT MEETINGS:

December 25. 2007                     Canceled Meeting
January 1, 2008                           Canceled Meeting
January 8, 2008                           Regular Meeting and Election of Officers