REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, January 11, 2011,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

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

Santa Ana, California              

 

JANET NGUYEN                           

CHAIR                                  

First District     

 

BILL CAMPBELL                          

VICE CHAIRMAN                          

Third District     

JOHN M. W. MOORLACH                    

SUPERVISOR                             

Second District    

 

 

SHAWN NELSON                           

SUPERVISOR                             

Fourth District    

PATRICIA BATES                         

SUPERVISOR                             

Fifth District     

 

ATTENDANCE:  All Present

 

EXCUSED:          None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Thomas G. Mauk

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Darlene J. Bloom

 

INVOCATION:  Kent Moorlach, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Walter Ehlers, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Presentation recognizing First United Methodist Church of Santa Ana and First Evangelical Free Church of Fullerton as alternate sites utilized for County of Orange Cold Weather Armory Emergency Shelter Program

 

Swearing in ceremony for Supervisor Moorlach, 2nd District, Supervisor Nelson, 4th District & Supervisor Bates, 5th District

 

II.   CONSENT CALENDAR (Items 1-16)

 

32451

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 12 WHICH WAS CONTINUED TO 1/25/11, 9:30 A.M.; AND ITEMS 4, 8, 9 & 10 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Nelson - Orange County Historical Commission - Appoint Helen Myers, Anaheim, for term concurrent with 4th District Supervisor's term of office

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

2.

Approve license agreements with State for California Highway Patrol to install and operate upgraded radio equipment, Bolero Peak Communications Facility, Loma Ridge Communications Facility, Metropolitan Water District Communications Facility, Ortega Highway Communications Facility and Signal Peak Communications Facility; and make California Environmental Quality Act findings - Districts 3 & 5  

 

3.

Accept donation of scientific equipment from City of Huntington Beach for use by OC Crime Lab - All Districts

 

4.

Authorize use of County resources for employee participation in meeting with Royal Canadian Mounted Police and Sunshine Foundation of Canada, 1/23/11 - 1/27/11; and make appropriate findings - All Districts

35241
   N

APPROVED AS RECOMMENDED

 

5.

Approve license agreement with U.S. Department of Education - Office of Inspector General for rental of Katella Training Facility for training purposes, Orange; and make California Environmental Quality Act findings - District 3

 

6.

Approve 10-year license agreement with State Department of Transportation for continued operation of radio equipment, Sierra Peak Communications Facility; and make California Environmental Quality Act findings - District 3

 

7.

Accept 2007 supplemental Transit Security Grant Program funds from U.S. Department of Homeland Security through California Emergency Management Agency ($122,581) - All Districts

 

JOHN WAYNE AIRPORT

 

8.

Approve plans and specifications and set bid opening for 2/16/11, 2:00 p.m. for pavement maintenance and repairs; authorize Director or designee to sign specifications and extend bid opening if required up to 60 days; and make California Environmental Quality Act findings - District 2

25341

APPROVED AS RECOMMENDED

 

9.

Authorize Director to allocate regulated average daily departures, seat capacity, remain over night and passenger capacity to scheduled commercial air, cargo and commuter carriers under Phase 2 Commercial Airline Access Plan and Regulation for 2011 Plan Year; approve related actions; and make California Environmental Quality Act findings - District 2

23451

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

10.

Approve sponsor agreement OCP10-031 with Orange County Conservation Corps ($100,000) and sponsor CCC-96 agreement and addendum with California Conservation Corps ($100,000) to support maintenance of OC Parks, 2/1/11 - 1/31/12; with option to renew for two one-year periods; and authorize OC Parks Director or designee to execute agreement addendums with California Conservation Corps for years two and three - All Districts

32451

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

11.

Approve plans and specifications and set bid opening for 2/16/11, 2:00 pm, for Antonio Parkway Widening Project - District 5

 

OC WASTE & RECYCLING

 

12.

Approve agreement MA-299-11011178 with Braeutigam Construction and Fasone Construction, Inc. for facility maintenance and repair services, 1/27/11 - 1/26/12 ($194,400); renewable for two additional one-year periods - All Districts

32451

CONTINUED TO 1/25/11, 9:30 A.M.

 

13.

Approve grant award 11192 with South Coast Air Quality Management District for Surplus Off-Road Opt-In for Nitrogen Oxides Program, term ending 6/30/16 ($78,941); authorize Director or designee to execute grant award agreement - Districts 3 & 5

 

14.

Approve agreement MA-299-11011122 with Natures Image, Inc. for operation and maintenance services to install, irrigate and maintain oak trees, Santiago Oaks Regional Park, 1/11/11 - 1/10/14 ($259,270.13); authorize Director or designee to execute agreement; and make California Environmental Quality Act findings - District 3

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

15.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Centralia School District, Fountain Valley School District, Santa Ana Unified School District, Placentia-Yorba Linda Unified School District, Municipal Water District of Orange County and Municipal Water District of Orange County Water Facilities Corporation - All Districts

 

16.

Approve proposed amendments to the County’s Conflict of Interest Code Designated Filers Exhibits for the Department of Child Support Services and Social Services Agency - All Districts

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 17-33)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

17.

Ratify approval of amendment 3 to agreement F1000002981 with LexisNexis for online research subscriptions, 8/1/10 - 7/31/11 ($19,584) - All Districts

43251

APPROVED AS RECOMMENDED

 

18.

Approve agreement MA-060-11011162 with Peter Thomas Higgins, dba Higgins & Associates International, for consultant services to assist in replacement of Automated Fingerprint Identification System, 1/11/11 - 1/10/14 ($751,780) - All Districts

52341

APPROVED AS RECOMMENDED

 

19.

Accept 2010 Homeland Security Grant Program award from California Emergency Management Agency ($7,278,802); authorize purchasing agent to purchase related equipment; approve related documents and authorize Sheriff-Coroner to execute; and authorize Auditor-Controller to transfer equipment to other entities under certain conditions - All Districts

32451

APPROVED AS RECOMMENDED

 

20.

Ratify approval of amendment 3 to agreement N1000009185 renewing as MA-060-11010534 with Rancho Santiago Community College District for registration and tuition fees for Criminal Justice Academy classes, 9/18/10 - 9/17/11 ($95,000) - All Districts

35241

APPROVED AS RECOMMENDED

 

21.

Ratify approval of amendment 1 to agreement MA-060-10010599 renewing as MA-060-10012877 with Atlantic Diving Supply, Inc., formerly Mar Vel International, for purchase of emergency response equipment in jails, 6/1/10 - 5/31/11 ($150,000) - All Districts

43251

APPROVED AS RECOMMENDED

 

22.

Ratify approval of amendment 1 to agreement F1000003521 renewing as MA-060-10013230 with West Marine Products, Inc. dba Port Supply for purchase of marine hardware, supplies and foul weather gear, 8/6/10 - 8/5/11 ($30,000) - All Districts

24351

CONTINUED TO 1/25/11, 9:30 A.M.

 

CHILD SUPPORT SERVICES

 

23.

Ratify approval of agreement MA-027-11011223 with Executive Information Systems, LLC for SAS software licenses and maintenance, 12/1/10 - 11/30/11 ($25,623.02); renewable for three additional one year periods ($16,000 annually) - All Districts

43251

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

24.

Select and approve lease with Delaware North Companies Travel Hospitality Services, Inc for operation of primary food and beverage concession in Terminals A, B and C; and make California Environmental Quality Act findings - District 2 (4/5 vote of the members present)

23451

APPROVED AS MODIFIED, APPROVED LEASE AGREEMENT WITH HOST INTERNATIONAL, INC.

 

25.

Select and approve lease with Paradies-OC, LLC for operation of news and gift concession in Terminals B and C; and make California Environmental Quality Act and other findings - District 2 (4/5 vote of the members present)

24351

APPROVED AS RECOMMENDED

 

26.

Select and approve lease with John Wayne NG-AC JV (The Hudson Group) for operation of news and gift concession in Terminals A and C; and make California Environmental Quality Act and other findings - District 2 (4/5 vote of the members present)

24351

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

27.

Acting as the Board of Supervisors and the legislative body of Community Facilities District (CFD) No. 88-1 (Aliso Viejo) - Approve amendment 8 to Acquisition, Funding and Disclosure No. 2 agreement with Shea Homes Limited Partnership to reallocate a portion of existing funds for traffic signal projects - District 5

53241

APPROVED AS RECOMMENDED

 

28.

Approve amendment 4 to price agreement N1000008540 with Network Television Time, Inc. for Board Meeting Broadcast services and equipment, effective 4/1/11 - 3/31/12 ($415,000) - All Districts

B.O.

CONTINUED TO 2/1/11, 9:30 A.M.

 

29.

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

 

DISCUSSED

 

30.

Approve selection of and agreement MA017-11011461 with Leadership Development Associates in association with Chapman University as primary provider for Orange County Leadership Academy training, 1/14/11 - 1/13/14 ($334,800); renewable for two additional one year periods (111,600 per year) - All Districts

24351

APPROVED AS RECOMMENDED

 

31.

Approve recommended grant application submitted by OC Public Libraries, Social Services Agency and Health Care Agency 1/11/11 grant report and other actions as recommended - All Districts

34251

APPROVED AS RECOMMENDED

 

32.

Human Resources Department - Direct staff to take the necessary steps to implement the Elected Officials 401(a) Alternative Retirement (define contribution) plan as the only retirement plan option for future elected officials; authorize the County's bi-weekly contribution and a mandatory employee bi-weekly contribution matching those required if the elected official were participating in the 1.62@65 plan - All Districts (Continued from 12/14/10, Item S66B)

B.O.

CONTINUED TO 1/25/11, 9:30 A.M.

 

33.

Board of Supervisors - Election of 2011 Officers

54231

NOMINATED AND ELECTED SUPERVISOR CAMPBELL AS 2011 CHAIR OF THE BOARD AND SUPERVISOR MOORLACH AS 2011 VICE-CHAIR OF THE BOARD

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-CS-2)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  County of Orange v. Association of Orange County Deputy Sheriffs, et al., California Court of Appeal, 2d District Case No. B218990 (LACS Case No. BC389758)

B.O.

HELD, NO REPORTABLE ACTION

 

CS-2.

Human Resources Department - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Thomas G. Mauk
Employee Organization:  Orange County Managers Association (OCMA)
RE:  Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

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

 

PUBLIC COMMENTS:

Charles Griffin - Oral Re:  Global  positioning transponder location & use; and fusion energy use

 

Darrell Nolta - Oral Re:  Sheriff Carona appellate decision; OC jail deaths; article re: Deputy accused of excessive force

 

COUNTY EXECUTIVE OFFICER COMMENTS:

Tom Mauk - Presented salary savings by executive and management employees over past 18 months and thanked all OC employees for their efforts and sacrifices to reduce costs

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisors Campbell, Moorlach, Nelson & Bates - Oral Re:  Honored outgoing Chair, Janet Nguyen

 

Supervisor Nguyen - Oral Re:  Thanked colleagues for their support during tenure as Chair of the Board

 

ADJOURNED:  2:00 P.M.

23145

Adjourned in memory of John Rohrig

 

53124

Adjourned in memory of Carlo Matero

 

13245

Adjourned in memory of Dale O'Neal

 

32145

Adjourned in memory of Karen McMillan

 

23145

Adjourned in memory of Dr. Waymann C. Carlson

 

32145

Adjourned in memory of Paul Rossi

 

23145

Adjourned in memory of Dori Halldorson

 

12345

Adjourned in memory of Don Martinson

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Nguyen

A.  =   Abstained

2. = Supervisor Moorlach

X.  =   Excused

3. = Supervisor Campbell

N.  =   No

4. = Supervisor Nelson

BO =   Board Order

5. = Supervisor Bates

 

 

 

ORD.  = Ordinance

 

RESO. = Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

                                                                                                                                                           

 Chair, Orange County Board of Supervisors

                                                                                   

 

 

 

 

                                                                       

   Orange County Clerk of the Board