REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, February 8, 2011,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

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

Santa Ana, California              

 

BILL CAMPBELL                          

CHAIRMAN                               

Third District     

 

JOHN M. W. MOORLACH                    

VICE CHAIRMAN                          

Second District    

JANET NGUYEN                           

SUPERVISOR                             

First 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

 

Susan Novak, Chief Deputy

 

INVOCATION:  Supervisor Moorlach, Second District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Bates, Fifth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Supervisor Bates presented a resolution proclaiming February 2011 as "American Heart Month"

 

Board of Supervisors Recognition of Employees  -  Response to Storm December 2010 Event

 

II.   CONSENT CALENDAR (Items 1-22)

 

42153

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 2, 11, 12, 15 & 19 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Bates - Senior Citizens Advisory Council - Appoint Elizabeth Busick, Mission Viejo, to complete term 12/31/12

 

DEPARTMENT APPOINTMENTS

 

2.

Health Care Agency - Orange County HIV Planning Council - Appoint Ray Angulo, Trabuco Canyon; Jason Benjamin, San Clemente; John Larson, Westminster; Leslie Lindgren, Santa Ana; Sylvia Mata, Fullerton; Austin Nation, Fullerton; Peter Scheid M.D., Orange and Alexander Trac, Garden Grove, to complete terms ending 12/31/12; and reappoint Amanda Acabeo, Tustin; Tony Barnett, Newport Beach; Sarah Kasman, Laguna Hills; Jonathan Kostka, Huntington Beach and Shelly Lummus, Cypress, for terms ending 12/31/12 - All Districts

24153

APPROVED AS RECOMMENDED

 

COMMENDATIONS/PROCLAMATIONS/REPORTS

 

3.

Chairman Campbell - Adopt resolution declaring March 8, 2011 as Claire Trevor Day

 

RESO: 11-015

 

ELECTED DEPARTMENT HEADS

 

4.

District Attorney - Approve agreement MA-026-11011641 with Astrid Hagen for professional sign language interpreting services, 3/1/11 - 2/29/12 ($140,000) - All Districts

 

 

Sheriff-Coroner:

 

5.

Approve amendment 1 to agreement PC 14Q P0900005520 with AECOM Technical Services, Inc. for design of Loma Ridge fire suppression project ($8,249; new total $111,049); and make California Environmental Quality Act findings - District 3

 

6.

Approve agreement PO-060-11011738 with Data Ticket, Inc. for purchase and installation of handheld ticket unit and three year software license and support ($12,851) - All Districts

 

7.

Approve agreement CT-060-11010417 with Pacific Bell Telephone Company dba AT&T California for purchase and installation of wireless 9-1-1 equipment, Loma Ridge Emergency Operations Center ($26,286) - District 3

 

8.

Approve agreement PO-060-11012034 with SBC Global Services Inc. dba AT&T Global Services for voice, data and long distance services ($81,994) - All Districts

 

9.

Treasurer-Tax Collector - Approve amendment 1 to agreement MA-074-10012363 with Bloomberg Finance LP for access to Bloomberg's Order Management System real time electronic trading of investments and financial market information, 3/15/11 - 3/14/12 ($276,904) - All Districts

 

HEALTH CARE AGENCY

 

10.

Approve agreement 10-95390 with State Department of Public Health for Pediatric Immunization Project, 7/1/10 - 6/30/11 ($701,109); and authorize Director or designee to execute Contractor's Release form upon submission of final invoice - All Districts

 

JOHN WAYNE AIRPORT

 

11.

Approve plans and specifications and set bid opening for 3/16/11, 2:00 p.m. for domestic water line relocation of Thomas F. Riley Terminals A and B project; authorize Director or designee to extend bid opening if required up to 60 days; and make California Environmental Quality Act findings - District 2

23145

APPROVED AS RECOMMENDED

 

12.

Approve plans and specifications and set bid opening for 3/23/11, 2:00 p.m., for construction of tenant improvements for Terminals A, B and C; 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  

21453

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

13.

Adopt resolution approving standard agreement 2M-1011-22 and contractor/vendor confidentiality statement with State Department of Aging for Health Insurance Counseling & Advocacy Program expanding Medicare beneficiary enrollment in Prescription Drug Benefit Low Income Subsidy Program, 1/1/11 - 6/30/12 ($201,430); and authorize Director or designee to execute agreement and amendments under certain conditions - All Districts

 

RESO: 11-016

 

14.

Approve amendment 3 to agreements KP90004 and KP90005 with Illumination Foundation for Post Hospital Recuperative Beds Pilot Program and Mobile Multi-Service Center in support of Homelessness Prevention and Rapid Re-Housing Program; and authorize Director or designee to execute agreement and make future non-monetary and non-material changes - All Districts

 

OC PUBLIC WORKS

 

15.

Receive and file Traffic Committee Reports dated 10/21/10; approve recommendations; and adopt necessary resolutions - Districts 2, 3 and 5

52143

APPROVED AS RECOMMENDED

 

RESO: 11-017 - 11-018

 

16.

Approve amendment 1 to agreement K1000000103 with LSA & Associates, Inc. for La Pata Avenue Gap Closure/Camino Del Rio Extension Project, 3/10/11 - 3/9/12; and make California Environmental Quality Act findings - District 5

 

17.

Receive bids and award contract to Southern Contracting Company for replacement of electrical high voltage equipment at various County locations ($604,000) - District 1

 

18.

Acting as the Orange County Flood Control District - Approve amendment 1 to agreement D99-102 and easement deed with C.J. Segerstrom & Sons, et al. for temporary access to Gisler Channel for inspection and maintenance; authorize Director or designee to execute agreement with Segerstrom and performing other related actions; and make California Environmental Quality Act findings - District 2

 

19.

Acting as the Board of Supervisors and Orange County Flood Control District - Select various firms from ranked list for on-call aerial surveying services; authorize negotiation of agreements for Board approval; and make California Environmental Quality Act findings - All Districts

51243

APPROVED STAFF RECOMMENDATIONS MODIFIED TO SELECT ONLY THE TOP 4 FIRMS IN RANKED LIST AND TO CONDUCT A NEW QUALIFICATIONS PROCESS WHEN APPROACHING USE OF THE 4TH RATED FIRM

 

OC WASTE & RECYCLING

 

20.

Approve plans and specifications and set bid opening for 4/6/11, 2:00 p.m., for West Channel Improvement project, Coyote Canyon Landfill; and make California Environmental Quality Act findings - District 5 

 

PUBLIC PROTECTION

 

21.

Probation - Approve interim agreement with Orange County Fire Authority regarding sharing, treatment, and nondisclosure of confidential information pursuant to Fire F.R.I.E.N.D.S. Program for participation in community referral and intervention program for juvenile firesetters; authorize Director or designee to execute successor agreement under certain conditions; and make California Environmental Quality Act findings - All Districts

 

GENERAL ADMINISTRATION

 

22.

Internal Audit - Receive and file Internal Audit Department Monthly Status Report for January 2011 - All Districts

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 23-46)

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

23.

Approve amendment 1 to agreement MA-017-10013160 with CGI-AMS, Inc. for Property Tax Management System (PTMS) consulting services ($225,000; new total $472,500); and authorize Purchasing Agent or designee to execute agreement - All Districts

35124

CONTINUED TO 3/15/11, 9:30 A.M.

 

24.

Receive and file Countywide Accounting & Personnel System (CAPS+) and Property Tax Management System (PTMS) Project Status Reports for November 2010 - January 2011 - All Districts

 

RECEIVED AND FILED

 

 

Sheriff-Coroner:

 

25.

Receive and file status report on Emergency Declaration Conditions resulting from weather, and continue declaration of Local State of Emergency and set review to determine continuing need for emergency action for 3/1/11, 9:30 a.m. and every 30 days thereafter - All Districts (Continued from Special Meeting 12/27/10, Item 1; 1/25/11, Item 27)

32145

APPROVED AS RECOMMENDED

 

26.

Approve amendment 2 to agreement MA-060-11011317 with Enterprise Rent-A Car of Los Angeles, LLC for rental of vehicles for undercover surveillance work, 3/1/11 - 2/28/12 ($165,300; new total $1,101,100) - All Districts

42153

APPROVED AS RECOMMENDED

 

27.

Approve amendment 1 to agreement MA-060-10011200 with Applied Biosystems, LLC for purchase of DNA analysis kits and supplies, 3/2/11 - 3/1/12 ($165,000; new total $515,000) - All Districts

21453

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

28.

Approve renewal of master agreements MA-042-11011020, 3/4/11 - 3/3/12 ($432,000) and MA-042-11011316, 7/1/11 - 6/30/12 ($599,553) with Advanced Medical Management, Inc. for fiscal intermediary services in support of HIV Clinic and Tuberculosis Program - All Districts

24153

APPROVED AS RECOMMENDED

 

29.

Approve amendment 1 to agreements with National Council on Alcoholism and Drug Dependence - Orange County, 12/1/09 - 6/30/11 ($20,000; new total $294,000), AHMC Anaheim Regional Medical Center ($20,000; new total $177,000) and Nhan Hoa Comprehensive Health Care Clinic ($20,000; new total $177,000) for Tobacco Cessation services, 7/1/10 - 6/30/11; and amendment 1 to master agreement with various providers of Community Clinic services, 7/1/10 - 6/30/11 ($191,702; new total $5,083,080); authorize Director or designee to execute individual amendments to master agreement - All Districts (Continued from 2/1/11, Item 13)

24153

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

30.

Approve amendment 1 to agreement with Kimley-Horn and Associates, Inc. for additional construction administration services during construction and post construction phases of Parking Access and Revenue Control system ($162,156); and make California Environmental Quality Act findings - District 2

25143

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

31.

Adopt resolution approving amendment 1 to standard agreement AP-1011-22 with State Department of Aging for Older Americans Act Programs and services to Orange County residents, 7/1/10 - 6/30/11 ($156,536; new total $10,140,142); and authorize Director or designee to execute agreement and amendments under certain conditions - All Districts

41253

APPROVED AS RECOMMENDED

 

RESO: 11-019

 

32.

Acting as the Board of Supervisors and Orange County Housing Authority - Approve amendment 5 to agreement 122 with Mercy House Living Centers, Inc. for continued operation of Armory Emergency Shelter Program, FY 2010-11 ($350,000; new total $936,267); and authorize Director or designee to execute agreement and make future non-monetary and non-material changes - All Districts

14253

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

33.

Approve agreement MA-080-11011082 with Dante Perez DBA Omniclean and ABM Services, Incorporated for janitorial services at various County facilities, 3/1/11 - 2/29/12 ($372,126); renewable for four additional one-year periods; and make California Environmental Quality Act findings - Districts 1 & 3

13245

APPROVED AS RECOMMENDED

 

34.

Acting as the Board of Supervisors and Orange County Flood Control District - Consider first reading of "An Ordinance of the County of Orange, California, Amending Articles 1 Through 9 of Title 4, Division 13 Regarding Water Quality" and "An Ordinance of the Orange County Flood Control District, California, Amending Articles 1 Through 9 of Title 9, Division 1 Regarding Water Quality"; set second readings and adoptions for 3/1/11, 9:30 a.m.; and make California Environmental Quality Act findings - All Districts (Continued first reading from 2/1/11, Item 17)

B.O.

CONTINUED TO 3/15/11, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

35.

County Counsel - Consider first reading of "An Ordinance of the County of Orange, California Amending Sections 1-6-5 and 1-6-6 of the Codified Ordinances of the County of Orange Adjusting the Limitations on Campaign Contributions"; and set second reading and adoption for 3/1/11, 9:30 a.m. - All Districts

42153

APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

36.

Acting as the Board of Supervisors and the legislative body of Community Facilities District (CFD) No. 99-1 (Ladera Ranch) - Adopt resolution making certain findings and authorizing disbursement of funds to pay for certain improvements to Oso Parkway project - District 5

51243

APPROVED AS RECOMMENDED

 

RESO: 11-020

 

37.

Acting as the Board of Supervisors and the legislative body of Community Facilities District (CFD) No. 2000-1 (Ladera Ranch) - Adopt resolution making certain findings and authorizing disbursement of funds to pay for certain improvements to Oso Parkway project - District 5

51243

APPROVED AS RECOMMENDED

 

RESO: 11-021

 

38.

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

 

RECEIVED AND FILED REPORT

 

39.

Response to 11/9/10 Board Directive regarding Office of Performance Auditor Report on Harbor Patrol - All Districts

B.O.

CONTINUED TO 4/5/11, 9:30 A.M.

 

40.

Approve agreement MA-017-11011702 with CSU Fullerton Auxiliary Services Corporation for data support services required for County decennial redistricting project, effective 2/2/11 - 1/31/12 ($43,925) - All Districts (Continued from 2/1/11, Item 27)

54123

CONTINUED TO 3/1/11, 9:30 A.M.

 

41.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Adding Article 5 to Division 1 of Title 1 of the Codified Ordinances of the County of Orange Pertaining to Lobbyist Registration and Reporting" - All Districts (Response to 11/23/10)
Continued from 1/25/11, Item 46; 2/1/11, Item 24)

15243

APPROVED AS RECOMMENDED

 

 ORD: 11-006

 

42.

Approve FY 2010-11 Second Quarter Budget Report; approve related budget adjustments and amend master position control - All Districts (RA 1 require 4/5 vote of members present)

42153

APPROVED AS RECOMMENDED

 

43.

Receive and file Quarterly Information Technology Project Status Detail and Executive Summary Report for October - December 2010 and Risk Assessment Reports for October - December 2010 - All Districts

 

RECEIVED AND FILED

 

44.

Approve recommended grant applications submitted by Health Care Agency, Orange County Crime Lab and OC Community Resources in 2/8/11 grant report and other actions as recommended; adopt resolution authorizing Health Care Agency Director or designee to submit to and execute application, related documents and amendments for Department of Resources Recycling and Recovery (CalRecycle) for Waste Tire Enforcement Grant 18th Cycle; and authorize acceptance of grant funds from State Department of Housing and Community Development for CalHome Program for mortgage assistance and owner occupied rehabilitation - All Districts

54123

APPROVED AS RECOMMENDED

 

RESO: 11-022

 

45.

Human Resources Department - Direct staff to take the necessary steps to authorize the County's bi-weekly contribution to the Elected Officials 401(a) Alternative Retirement (defined contribution) plan to match the percentage of wages that is contributed by a private sector employer to Social Security (the Federal Insurance Contributions Act (FICA) tax) and to implement a mandatory employee bi-weekly contribution matching that required for a private sector employee to FICA and to take the necessary steps to implement the Elected Officials 401(a) Alternative Retirement plan as a retirement plan option for future Elected Officials - All Districts (Continued from 12/14/10, Item S66B; 1/11/11, Item 32; 1/25/11, Item 47; 2/1/11, Item 28)

B.O.

CONTINUED TO 3/15/11, 9:30 A.M.

 

46.

Chairman Campbell - Discuss CalOptima and State Health Insurance Exchange

45123

DIRECTED STAFF TO BRING BACK TO THE BOARD FOR APPROVAL AN AMENDMENT TO THE CALOPTIMA CHARTER ORDINANCE PRECLUDING THEM FROM SELLING INSURANCE TO THE PRIVATE SECTOR AND TO EXPLORE WHETHER THE BOARD CAN PRECLUDE THEM FROM PARTICIPATING IN THE STATE HEALTH INSURANCE EXCHANGE.

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-CS-3)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

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. B218660 (LACS Case No. BC389758)

B.O.

HELD, THE CLERK READ:  THE BOARD BY A VOTE OF 4 TO 1, SUPERVISORS CAMPBELL, MOORLACH, NELSON AND BATES VOTING IN FAVOR, SUPERVISOR NGUYEN VOTING AGAINST, AUTHORIZED THE FILING OF A PETITION FOR REVIEW IN THE CALIFORNIA SUPREME COURT IN THE CASE OF COUNTY OF ORANGE V. ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFF'S ET AL.

 

CS-2.

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

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

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
(Continued from 1/25/11, Item CS-6; 2/1/11, Item CS-5)

B.O.

HELD, NO REPORTABLE ACTION

 

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

 

PUBLIC COMMENTS:

None

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Vice Chairman Moorlach - Oral Re: Presented Chairman Campbell with certificate from OC Business Council to the County of Orange for turning red tape into red carpet by implementing economic development strategies that support the local economy and create jobs in Orange County

 

ADJOURNED:  1:30  P.M.

53124

Adjourned in memory of Joyce Elizabeth Townsend

 

 

***  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