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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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10 Civic Center Plaza |
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Santa Ana, California |
BILL CAMPBELL
CHAIRMAN
Third District
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CHRIS NORBY VICE CHAIRMAN Fourth District
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LOU CORREA SUPERVISOR First District
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JIM SILVA SUPERVISOR Second District
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THOMAS W. WILSON 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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Benjamin P. de Mayo |
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CLERK OF THE BOARD |
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Darlene J. Bloom |
INVOCATION: Supervisor Correa,
First District, gave the invocation
PLEDGE OF ALLEGIANCE:
Supervisor Silva, Second District, led the assembly in the Pledge of
Allegiance
I.
PRESENTATIONS/INTRODUCTIONS
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Supervisor Silva recognized Andrew Kreitz for placing second in the Annual Jeopardy Teen Tournament |
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Michael Ferrall, Chairman of the Orange County Comprehensive Economic Development Strategy (CEDS) Committee, will be providing an update on the completion of the Telecommunications and Information Technology Infrastructure Project funded by the Economic Development Administration (Continued from 2/28/06) |
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DELETED |
II.
CONSENT CALENDAR (Items 1-28)
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51243 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 18 WHICH WAS DELETED, 9:30 A.M.; AND ITEMS 4, 11, 12, 15, 21, 22, 26 & 28 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Chairman Campbell: |
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1. |
Senior Citizens Advisory Council - Reappoint Lee Myhre, Orange, for term ending 12/31/06 |
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2. |
Orange County Veterans Advisory Council - Reappoint Vanda Bresnan, Mission Viejo, for term ending 3/4/08 |
CHILD SUPPORT
SERVICES
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3. |
Approve amended price agreement N2000006933 with GC Services Limited Partnership for provision of debt collection and restitution services, 1/31/06 - 12/31/06 ($150,000; new total $180,000); renewable for three additional years per Board policy ($60,000 per year) - All Districts |
HEALTH CARE AGENCY
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4. |
Approve price agreement N1000007317 with Conrad & Associates, L.L.P. for audit of contracted programs, 3/8/06 - 3/7/09 ($304,216) - All Districts |
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15243 |
APPROVED AS RECOMMENDED |
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5. |
Accept Comprehensive Drug Court Implementation Grant extension from State Department of Alcohol & Drug Programs for Dependency Drug Court for FY 2005-06 ($134,707); and authorize Director or designee to execute grant - All Districts |
HOUSING AND
COMMUNITY SERVICES DEPARTMENT
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6. |
Approve amended agreement KH89034 with Council of Orange County, Society of Saint Vincent de Paul for Cold Weather Shelter Armory Program, 12/1/05 - 3/31/06 ($60,000; new total $231,821); and authorize Director or designee to execute amended agreement and subsequent amendments under certain conditions - All Districts |
INTEGRATED WASTE
MANAGEMENT DEPARTMENT
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7. |
Approve revised plans and specifications and set bid opening for 4/19/06, 2:00 p.m., for construction of additional reservoir storage, Olinda Alpha landfill; and make California Environmental Quality Act findings - District 3 |
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8. |
Approve plans and specifications and set bid opening for 4/5/06, 2:00 p.m., for construction of zone 1 and phase C2 liner project, Prima Deshecha landfill; and make California Environmental Quality Act findings - District 5 |
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9. |
Approve plans and specifications and set bid opening for 4/5/06, 2:00 p.m., for construction of access road paving, Frank R. Bowerman landfill and bench paving at Santiago Canyon landfill; and make California Environmental Quality Act findings - District 3 |
RESOURCES AND
DEVELOPMENT MANAGEMENT DEPARTMENT
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10. |
Accept quitclaim deed from the Transportation Corridor Agency for addition to O'Neill Regional Park; and make California Environmental Quality Act findings - District 5 |
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11. |
Approve price agreement N1000007534 with S.C. Yamamoto, Inc. for landscape maintenance, Craig Regional Park, 4/1/06 - 3/31/07 ($152,806); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - District 4 |
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52143 |
APPROVED AS RECOMMENDED |
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12. |
Approve purchase order with Lake Chevrolet for purchase of one Extended Range CNG Service truck ($101,876.55) - All Districts |
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52143 |
APPROVED AS RECOMMENDED |
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13. |
Approve Irrevocable Offer to Convey Real Property in fee for local park purposes, Ladera Ranch Planned Community; and make California Environmental Quality Act findings - District 5 |
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14. |
Approve plans and specifications and set bid opening for 4/5/06, 2:00 p.m., for Heating, Ventilation and Air Conditioning Expansion, Maternal, Child and Adolescent Health clinic; and make California Environmental Quality Act findings - District 1 |
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15. |
Review and approve Orange County General Plan Annual Progress Report for Year 2004; and authorize submission to state agencies - All Districts |
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14253 |
APPROVED AS RECOMMENDED |
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16. |
Adopt resolution approving agreement D06-011 with State Department of Transportation for participation in transportation improvement programs ($500,000); and authorize Director or designee to execute agreements - All Districts |
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RESO: 06-024 |
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17. |
Accept work with Harbor Construction Company for Superior Court Central Justice Center/Remodel Floors 9-11; and assess liquidated damages ($475,500); project completed 11/17/04 ($8,751,884.90) - District 1 |
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18. |
Approve denial of transfer of cable television franchises currently held by Comcast Corporation and Adelphia Communications Corporation to Time Warner Cable, Inc. for cable television services - All Districts (Continued from 12/13/05, Item 12; 1/24/06, Item 13; 2/28/06, Item 9) |
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51243 |
DELETED |
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19. |
Acting as the Orange County Flood Control District - Approve contract change order no. 1 to agreement D05-018 with Beador Construction Company, Inc. ($65,622.19; new total $393,359.69); and accept Aliso Creek Channel repair from AT&SF Railway to Jeronimo Road; project completed 9/20/05 ($411,807.19) - District 5 |
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20. |
Acting as the Board of Supervisors and Orange County Flood Control District - Approve amendment 2 to agreement D03-004 with Steinberg & Associates for technical assistance and support for matters relating to the Santa Ana River Mainstem Project and Watershed and Coastal Resources projects, extending term one year, 3/9/06 - 3/8/07; and make California Environmental Quality Act findings - All Districts |
PUBLIC PROTECTION
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Probation: |
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21. |
Ratify submission of on-line grant application to Bureau of Justice Assistance, U.S. Department of Justice, for Federal funding of FY 2006 Comprehensive Approaches to Sex Offender Management Discretionary Grant Program, 2 year term ($250,000); and make California Environmental Quality Act finding - All Districts |
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14253 |
APPROVED AS RECOMMENDED |
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22. |
Authorize use of two County vehicles for relay teams participating in 2006 Baker to Vegas Challenge Cup Relay Race, Las Vegas, 3/31/06 - 4/3/06; and make appropriate findings - All Districts |
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12453 |
APPROVED AS RECOMMENDED |
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Sheriff-Coroner: |
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23. |
Approve amendment 4 to agreement with Trauma Intervention Program Incorporated for comprehensive crisis intervention services, 3/12/06 - 3/11/07 ($30,000) - All Districts |
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24. |
Approve amended price agreement N1000006770 with Cron & Associates for transcription of audio/visual media, 5/1/05 - 4/30/06 ($33,000; new total $68,000 per year); renewable for two additional years per Board policy - All Districts |
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25. |
Approve price agreement N1000007589 with Range Maintenance Services LLC, for lead remediation, Sheriff's shooting ranges, 3/7/06 - 5/31/06 ($64,350) - All Districts |
GENERAL
ADMINISTRATION
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26. |
County Executive Office - Receive and file 2006 Orange County Community Indicators Report - All Districts |
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42153 |
APPROVED AS RECOMMENDED |
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27. |
Human Resources Department - Select Mercer Human Resource Consulting as primary vendor for Medical and Dental Claims Audit and Operational Assessment of PacifiCare Health Plan Administrators, Inc.; and authorize negotiation of agreement for Board approval - All Districts |
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28. |
Chairman Campbell - Adopt resolution supporting Foothill/Eastern Transportation Corridor Agency's Foothill South Project (Continued from 2/7/06, Item 32; 2/28/06, Item 35) |
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52143 |
APPROVED AS RECOMMENDED |
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RESO: 06-025 |
END OF CONSENT CALENDAR
III.
DISCUSSION ITEMS (Items 29-S43D)
HEALTH CARE AGENCY
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29. |
Approve lease with Blackmon Investments, LLC for office space for Behavioral Health Services Program, Costa Mesa; and make California Environmental Quality Act findings - District 2 |
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25143 |
APPROVED AS RECOMMENDED |
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30. |
Approve amended agreement with Orange County Association for Mental Health, dba Mental Health Association of Orange County for Intensive Recovery services for Mentally Disabled Homeless, 7/1/05 - 6/30/06 ($18,333; new total $994,874) - All Districts |
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51243 |
APPROVED AS RECOMMENDED |
INTEGRATED WASTE
MANAGEMENT DEPARTMENT
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31. |
Consider Board policy, make California Environmental Quality Act findings, and either: (1) select Option 4 to adopt resolution establishing AB 939 surcharge on self hauled waste; or (2) select Option 3 to ban construction and demolition debris and greenwaste from landfills; direct staff to prepare proposed ordinance and return to the Board by 6/27/06 - All Districts |
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B.O. |
DELETED |
JOHN WAYNE AIRPORT
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32. |
Approve consent to assignment of lease with Hertz Corporation; authorize Director to execute approval document; and make California Environmental Quality Act findings - All Districts (4/5 vote) |
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24153 |
APPROVED AS RECOMMENDED |
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33. |
Select Parsons Transportation Group, Inc. as primary and HNTB Corporation as alternate firms for Settlement Amendment Implementation Plan Program Management services; authorize negotiation of agreement for Board approval; and find that EIR 582 and Addendum 582-1 are adequate to satisfy requirements of California Environmental Quality Act - District 2 |
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25143 |
APPROVED AS RECOMMENDED |
RESOURCES AND
DEVELOPMENT MANAGEMENT DEPARTMENT
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34. |
Approve amendment 2 to agreement with GKK Corporation for design work of South County Courthouse, Phase IV and V ($2,243,818; new total $3,864,478); authorize Director or designee to negotiate related agreements for Board approval; and make California Environmental Quality Act findings - District 5 |
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54123 |
APPROVED AS RECOMMENDED |
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35. |
Approve price agreement N1000007205 with Great Scott Tree Service, Inc. for annual tree maintenance services, 4/1/06 - 3/31/07 ($725,000); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - All Districts |
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52143 |
APPROVED AS RECOMMENDED |
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36. |
Approve price agreement N1000007546 with CleanStreet for sweeping operations, northern unincorporated areas, 4/1/06 - 3/31/07 ($252,700); renewable for two additional years per Board policy; and make California Environmental Quality Act findings - All Districts |
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14253 |
APPROVED AS RECOMMENDED |
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37. |
Adopt resolution authorizing execution of agreement D06-008 with Costa Mesa for a portion of funding of highway and street improvements between Anton Ave., Bristol St., Sunflower Ave. and Avenue of the Arts; and make California Environmental Quality Act findings - District 2 (4/5 vote) |
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B.O. |
CONTINUED TO 3/14/06, 9:30 A.M. |
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38. |
Select DMJM H&N as primary and Dougherty + Dougherty Architects LLP as alternate firms for comprehensive facility assessment, Probation Department/Joplin Youth Center and Youth Guidance Center; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - Districts 1 & 3 |
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31245 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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39. |
District Attorney - Adopt resolution authorizing submission and execution of grant application to State Department of Insurance for participation in State Disability and Health Insurance Fraud Investigation and Prosecution Program, term ending 6/30/06 ($600,000); authorize District Attorney or designee to execute agreement and subsequent amendments under certain conditions; rescinding Resolution 05-229; and make California Environmental Quality Act and other findings - All Districts |
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51243 |
APPROVED AS RECOMMENDED |
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RESO: 06-026 |
GENERAL
ADMINISTRATION
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40. |
Clerk-Recorder - Authorize payment to Attorney General's Office for developing and implementing regulations for California Electronic Recording Delivery System ($116,908.17) - All Districts |
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12453 |
APPROVED AS RECOMMENDED |
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County Executive Office: |
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41. |
Approve in concept tax-exempt financing of cogeneration conversion project in the Civic Center and installation of a photovoltaic system on selected County parking structures - District 1 (Continued from 11/8/05, Item 34; 11/22/05, Item 54; 2/7/06, Item 46) |
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13245 |
APPROVED AS AMENDED, EXCLUDED PHOTOVOLTAIC SYSTEM FINANCING |
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42. |
Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts |
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31245 |
APPROVED AS RECOMMENDED; RECOMMENDED ACTIONS 1, 2, 4, & 5 |
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43125 |
APPROVED AS RECOMMENDED; RECOMMENDED ACTION 3 |
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43. |
Approve option 3 from funding options for Harbor Patrol Services to backfill Harbors, Beaches and Parks and Dana Point Harbor costs with other funding (Board Directive 12/13/05, Item 32) - All Districts |
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B.O. |
DELETED |
RESOURCES AND
DEVELOPMENT MANAGEMENT DEPARTMENT
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S43A. |
Public Hearing to consider adopting resolution approving Cable Television Franchise Agreements with Time Warner Entertainment-Advance/Newhouse Partnership, TWE Holding I LLC, Time Warner NY Cable, LLC., CAC Exchange I, LLC and C-Native Exchange I, LLC. (franchisee), subsidiaries of Time Warner Cable Inc., approve transfer agreement with C-Native Exchange I LLC, and Comcast of Los Angeles; and authorize other related security arrangements - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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52143 |
APPROVED AS RECOMMENDED |
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RESO: 06-027 |
GENERAL
ADMINISTRATION
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S43B. |
Supervisor Wilson - Adopt resolution supporting and declaring Juaneno Band of Mission Indians, Acjachemen Nation, to be aboriginal tribe of Orange County |
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51243 |
APPROVED AS RECOMMENDED |
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RESO: 06-028 |
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Vice Chairman Norby: |
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S43C. |
Authorize Board members to submit ballot arguments on Ballot Measure A, "An Ordinance Prohibiting the Exercise of Eminent Domain for Private Purposes," for the June 6, 2006 Primary Election |
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42153 |
AUTHORIZED ALL MEMBERS OF THE BOARD TO FILE BALLOT ARGUMENT REGARDING MEASURE A FOR THE JUNE 6, 2006 ELECTION |
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S43D. |
Board discussion and possible action regarding staffing levels and revenue shortfalls in Building and Safety Fund |
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35124 |
APPROVED MOU BETWEEN OCEA AND RDMD AS AMENDED IN CLOSED SESSION. FINAL DOCUMENT WILL BE MADE AVAILABLE IN THE OFFICE OF THE CLERK OF THE BOARD ONCE DOCUMENT HAS BEEN FINALIZED BY HR AND EXECUTED BY THE PARTIES. |
IV.
PUBLIC HEARINGS (None)
V.
CLOSED SESSION (Items CS-1-CS-4)
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, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF H.A. NICHOLS, INC. V. COUNTY OF ORANGE. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES. |
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CS-2. |
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION -
Pursuant to |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT OF THREATENED LITIGATION. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES. |
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CS-3. |
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION -
Pursuant to |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT OF THREATENED LITIGATION. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES. |
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CS-4. |
Human Resources Department - CONFERENCE WITH LABOR
NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD, NO REPORTABLE ACTION (SEE ACTION TAKEN UNDER S43D) |
VI.
PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Charles Griffin - Oral Re: Hydrogen utilization |
COUNTY EXECUTIVE
OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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Supervisor Norby - Oral Re: Directed CEO and HCA staff to provide report on Federal request that OC return AIDs funds awarded to New Millennium. CEO to provide Board with estimated date matter will be before Board om 3/21/06 |
ADJOURNED: 2:57 P.M.
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53124 |
Adjourned in memory of Jim Davy |
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23145 |
Adjourned in memory of Dr. William Eller |
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34125 |
Adjourned in memory of Lance Corporal Michael Probst (USMC) |
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34125 |
Adjourned in memory of Ellen K. Lee |
*** KEY ***
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Left Margin Notes |
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1. = Supervisor Lou Correa |
A. = Abstained |
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2. = Supervisor Jim Silva |
X. = Excused |
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3. = Chairman Bill Campbell |
N. = No |
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4. = Vice Chairman Chris Norby |
BO = Board Order |
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5. = Supervisor Thomas W. Wilson |
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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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, CHAIRMAN |
Orange
County Board of Supervisors
Orange County
Clerk of the Board