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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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ORANGE COUNTY, CALIFORNIA |
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BOARD HEARING ROOM, FIRST FLOOR |
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333 W. Santa Ana Blvd., 10 Civic Center Plaza |
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Santa Ana, California |
JANET NGUYEN
CHAIR
First District
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BILL CAMPBELL VICE CHAIR Third District
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JOHN M. W. MOORLACH SUPERVISOR Second District
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CHRIS NORBY SUPERVISOR Fourth District
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PATRICIA BATES SUPERVISOR Fifth District
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ATTENDANCE: All Present
EXCUSED: None
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PRESENT: |
COUNTY EXECUTIVE OFFICER |
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Thomas G. Mauk |
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COUNTY COUNSEL |
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Nicholas S. Chrisos |
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CLERK OF THE BOARD |
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Darlene J. Bloom |
INVOCATION: Supervisor Norby,
Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE:
Supervisor Moorlach, Second District, led the assembly in the Pledge of
Allegiance
I.
PRESENTATIONS/INTRODUCTIONS
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Chair Nguyen presented her State of the County Address and presented outgoing Chair Bates with a gavel |
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Supervisors re-capped their accomplishments in 2009 and goals for 2010 |
II.
CONSENT CALENDAR (Items 1-24)
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35124 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 11 & 24 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor Moorlach: |
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1. |
Assessment Appeals Board No. 1 - Reappoint Sherry S. Mancini, Huntington Beach, to complete term ending 9/2/12 |
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2. |
Orange County Cemetery District - Reappoint Maureen Rivers, Huntington Beach, to complete term ending 11/2/13 |
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3. |
Supervisor Bates - Board of Retirement, OCERS - Appoint Wayne Lindholm, Laguna Niguel, for term ending 12/31/12 |
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Chair Nguyen: |
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4. |
Senior Citizens Advisory Council - Reappoint Jerry Margolin, Garden Grove, for term ending 12/31/11 |
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5. |
Law Library Board of Trustees - Reappoint Thomas C. Edwards, Fullerton, and Beatrice A. Tice, Irvine, for terms ending 12/31/10 |
COMMENDATIONS/PROCLAMATIONS/REPORTS
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6. |
Chair Nguyen - Adopt resolution congratulating Court of Appeal, Fourth District, Division Three upon dedication of its new courthouse |
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RESO: 10-001 |
ELECTED DEPARTMENT
HEADS
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Sheriff-Coroner: |
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7. |
Approve actions with U. S. Marshals Service to support law enforcement operations related to Regional Fugitive Task Force to accept donation of 2008 Ford Expedition and ratify Memorandum of Understanding (MOU) ISDF-10-0194A for reimbursement of fuel, maintenance and retrofitting costs up to $11,000, ratify MOU FATF-10-0062 for reimbursement of overtime costs up to $144,000 and authorize the Sheriff-Coroner or designee to execute future MOUs with U. S. Marshals Service for reimbursement of overtime and vehicle fuel and maintenance resulting from participation in Task Force - All Districts |
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8. |
Accept donation of evidence grade refrigerator for OC Crime Lab - All Districts |
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9. |
Authorize use of County resources for employee participation in meeting with Royal Canadian Mounted Police and Sunshine Foundation of Canada, 1/25/10 - 1/28/10; and make appropriate findings - All Districts |
CHILD SUPPORT
SERVICES
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10. |
Approve Plan of Cooperation with Superior Court for coordination of respective efforts and delineation of responsibilities in relation to Child Support Enforcement Program under Title IV-D of Social Security Act, 1/1/10 - 12/31/10; renewable for one additional year; and authorize Director or designee to execute agreement - All Districts |
JOHN WAYNE AIRPORT
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11. |
Authorize Director to allocate regulated average daily departures, seat capacity, remain over night and passenger capacity to scheduled commercial and commuter air carriers under Commercial Airline Access Plan and Regulation for 2009-10 and 2010-11 Plan Years; approve related actions; and make California Environmental Quality Act findings - District 2 |
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23451 |
APPROVED AS RECOMMENDED |
OC COMMUNITY
RESOURCES
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12. |
Approve Joint Use Agreement with Joe Anthony Reyna for vehicular and beach access over Bluff Drive above West Street Beach, Laguna Beach; and make California Environmental Quality Act findings - District 5 |
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13. |
Approve amendments to Elderly Nutrition Stimulus Program agreements with Community SeniorServ, Age Well Senior Services (formerly South County Senior Services) and Irvine for American Recovery and Reinvestment Act funds; authorize Director or designee to execute amendments - All Districts |
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14. |
Approve master agreement MA-012-10011166 with Dun & Bradstreet, Inc. for web-based business database file service, 1/12/10 - 1/11/11 ($83,200); and authorize Purchasing Agent or designee to review agreement two additional years - All Districts |
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15. |
Approve easement deed and agreement with Southern California Gas Company for utility purposes, Salt Creek Beach; and make California Environmental Quality Act findings - District 5 |
OC PUBLIC WORKS
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16. |
Approve contract MA-080-10011798 with EOS International for OC Public Works library software and web services, 1/12/10 - 12/31/14 ($42,106); and make California Environmental Quality Act findings - All Districts |
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17. |
Approve grant deed from RMV Community Development, LLC and easement deeds from RMV Headquarters, LLC and RMV Community Development, LLC for widening of Ortega Highway; and make California Environmental Quality Act findings - District 5 |
OC WASTE &
RECYCLING
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18. |
Approve plans and specifications and set bid opening for 3/17/10, 2:00 p.m., for Perimeter Gas Monitoring Probe Installation project, Frank R. Bowerman Landfill; and make California Environmental Quality Act findings - District 3 |
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19. |
Approve plans and specifications and set bid opening for 3/24/10, 2:00 p.m., for Perimeter Gas Monitoring Probe Installation project, Prima Deshecha Landfill; and make California Environmental Quality Act findings - District 5 |
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20. |
Approve plans and specifications and set bid opening for 3/31/10, 2:00 p.m., for Perimeter Gas Monitoring Probe Installation project, Olinda Alpha Landfill; and make California Environmental Quality Act findings - District 3 |
GENERAL
ADMINISTRATION
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Clerk of the Board: |
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21. |
Approve proposed amendments to the County’s Conflict of Interest Code Designated Filers Exhibits for OC Community Resources - All Districts |
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22. |
Approve initial Conflict of Interest Code for the Northern Orange County Self-Funded Worker's Compensation Agency (Authority) - All Districts |
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23. |
County Counsel - Approve agreement with Groom Law Group for legal services relating to tax issues arising from proposed pension formula election; and authorize County Counsel to execute agreement - All Districts |
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24. |
Chair Nguyen - Approve agreement OCP10-004 with Vietnamese Community Cultural and Performance Arts Society for design and construction of historical memorial at Roger Stanton Park, Midway City; and make California Environmental Quality Act findings |
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13245 |
APPROVED AS RECOMMENDED |
END OF CONSENT CALENDAR
III.
DISCUSSION ITEMS (Items 25-S37A)
ELECTED DEPARTMENT
HEADS
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25. |
Sheriff-Coroner - Approve amendment 2 to price agreement N1000008677 with Kone Inc., formerly RS Elevator Corporation, for elevator maintenance and repair services - All Districts |
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53124 |
APPROVED AS RECOMMENDED |
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26. |
Treasurer-Tax Collector - Adopt resolution authorizing sale and issuance of Santa Ana Unified School District 2009-2010 Tax and Revenue Anticipation Notes ($50,000,000) - District 1 |
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13245 |
APPROVED AS RECOMMENDED |
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RESO: 10-002 |
OC COMMUNITY
RESOURCES
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27. |
Approve agreement C-9-0647 with Orange County Transportation Authority under the Federal New Freedom Program funding through 6/30/11 ($1,000,000) and authorize Director or designee to execute agreement; approve New Freedom Agreements with St. Anselm's Cross-Cultural Community Center, Age Well Senior Services, Inc., (formerly South County Senior Services, Inc.), and Abrazar, Inc. to provide expanded Senior Non-Emergency medical services, FY 2009-10 ($450,000); with option to renew three additional years; authorize Director or designee to execute agreements and to exercise contingency increase or decrease not to exceed 10% of contract amount - All Districts |
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31245 |
APPROVED AS RECOMMENDED |
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28. |
Approve draft Ten-Year Plan to End Homelessness (The Plan); authorize Agency to coordinate with Ten-Year Plan Working Group and County Counsel to develop bylaws and operating procedures for the Ten-Year Plan Board and return to the Board for approval - All Districts |
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32451 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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29. |
Acting as the Orange County Flood Control District - Select Lewis Planned Communities as primary and Sunland Communities LLC as alternate firms for assistance with the Greenspot Property entitlement; authorize County Executive Officer or designee to negotiate agreement for Board approval; and make California Environmental Quality Act findings - All Districts |
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52341 |
APPROVED AS RECOMMENDED |
OC WASTE &
RECYCLING
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30. |
Renew agreement MA-299-10011411 with Carmody Construction Company and The Hoagy Company, Inc. for maintenance and repair services, 1/27/10 - 1/26/11 ($234,400) - Districts 1, 3 & 5 |
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35241 |
APPROVED AS RECOMMENDED |
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31. |
Select
SCS Field Services as primary and Bryan A. Stirrat & Associates as
alternate firms for landfill gas services for North Region Landfills; and
authorize Director or designee to negotiate of agreement for Board approval -
District 3 |
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32451 |
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County Executive Office: |
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32. |
Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts |
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B.O. |
RECEIVED AND FILED |
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33. |
Adopt resolution approving financing terms, documents and issuance of Apartment Development Revenue Bonds, Issue A of 2010 (Emerald Cove Apartments) $7,775,000; approve Deutsche Bank National Trust Company as Trustee and Urban Futures, Inc. as Administrator - District 2 |
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B.O. |
CONTINUED TO 1/26/10, 9:30 A.M. |
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34. |
Report on County financial and budget status - All Districts |
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PRESENTED |
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35. |
Oral presentation - Receive and file Analysis of Harbor Patrol Governance and Finance Issues Report - All Districts |
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45231 |
RECEIVED AND REFERRED ITEM TO OFFICE OF PERFORMANCE AUDITOR FOR ACTION |
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36. |
Approve use of partnership agreements for Census 2010 outreach by County departments and make related findings - All Districts |
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35241 |
APPROVED AS RECOMMENDED |
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37. |
Approve recommended grant applications submitted by Sheriff-Coroner, Health Care Agency, County Executive Office and Probation in 1/12/10 grant report and other actions as recommended - All Districts |
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43251 |
APPROVED AS RECOMMENDED |
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S37A. |
Adopt resolution designating entire County as an Economic Recovery Zone; direct staff to prepare Plan of Issuance for submission to California Debt Limit Allocation Committee on use of bond allocation and develop specific proposals for review by Public Finance Advisory Committee and Board for eligible projects regarding Recovery Zone Economic Development Bond Program (up to $29,732,000, $5,000,000 for Qualified Energy Conservation Bond Program); provide cities an opportunity to receive transfer of bond allocation for Recovery Zone Facility Bonds and Qualified Energy Conservation Bonds; return to Board with recommended transfer allocation(s); make related findings authorized Chair, Vice Chair, CEO, CFO, Public Finance Manager or designee to take any and all actions necessary to comply with terms and intent of resolution; and make related findings - All Districts |
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35241 |
APPROVED AS RECOMMENDED |
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RESO:
10-003 |
IV.
PUBLIC HEARINGS (Item 38)
GENERAL
ADMINISTRATION
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38. |
County Counsel - Acting as the Orange County Flood Control District - Public Hearing to consider adopting resolution of necessity for condemnation and acquisition by eminent domain of real property for purposes of the Edinger Channel Project; and make California Environmental Quality Act and other findings - District 2 (2/3 vote of membership - 4 votes) |
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B.O. |
CLOSED PUBLIC HEARING |
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23451 |
APPROVED AS RECOMMENDED |
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RESO: 10-004 |
V.
CLOSED SESSION (Items CS-1-CS-6)
GENERAL
ADMINISTRATION
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County Counsel: |
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CS-1. |
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
Pursuant to Government Code Section 54956.9(a): |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED FILING OF AN APPEAL OF THE JUDGMENT IN THE CASE OF GEORGE JARAMILLO V. COUNTY OF ORANGE. |
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CS-2. |
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
Pursuant to Government Code Section 54956.9(a): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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CS-3. |
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION -
Pursuant to Government Code Section 54956.9(c): |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED COUNTY COUNSEL TO FILE LITIGATION ON BEHALF OF THE COUNTY AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT. THE IDENTITY OF THE PARTIES AND OTHER PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY ONCE THE ACTION IS FILED. |
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CS-4. |
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
Pursuant to Government Code Section 54956.9(b): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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CS-5. |
County Executive Office - CONFERENCE WITH REAL
PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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CS-6. |
Human Resources Department - CONFERENCE WITH LABOR
NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI.
PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Donna Romansik - Oral Re: Homeless issues; and fear of attack on person and property |
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Joe Dunn - Oral Re: Requested Board members to consider a Registration for Lobbyists Program |
COUNTY EXECUTIVE
OFFICER COMMENTS:
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None |
BOARD COMMENTS,
COMMITTEE, COMMISSION AND TRAVEL REPORTS:
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None |
ADJOURNED: 3:52 P.M.
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21345 |
Adjourned in memory of Harriett Pulvers Wieder |
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31245 |
Adjourned in memory of Father Abbot Ladislas Parker |
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51234 |
Adjourned in memory of Ron Young |
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51234 |
Adjourned in memory of Sergeant Jerry Pierson |
*** KEY ***
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Left Margin Notes |
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1. = Supervisor Nguyen |
A. = Abstained |
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2. = Supervisor Moorlach |
X. = Excused |
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3. = Supervisor Campbell |
N. = No |
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4. = Supervisor Norby |
BO = Board Order |
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5. = Supervisor Bates |
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ORD. = Ordinance |
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RESO. = Resolution |
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Above numbers
refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded
by)
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Chair, Orange County Board of Supervisors |
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Orange County Clerk of the Board |