REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, March 10, 2009,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

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

Santa Ana, California              

 

PATRICIA BATES                         

CHAIR                                  

Fifth District     

 

JANET NGUYEN                           

VICE CHAIR                             

First District     

JOHN M. W. MOORLACH                    

SUPERVISOR                             

Second District    

 

 

BILL CAMPBELL                          

SUPERVISOR                             

Third District     

CHRIS NORBY                            

SUPERVISOR                             

Fourth District    

 

ATTENDANCE:  All Present

 

EXCUSED:          None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Thomas G. Mauk

 

COUNTY COUNSEL

 

Benjamin P. de Mayo

 

CLERK OF THE BOARD

 

Darlene J. Bloom

 

INVOCATION:  Supervisor Nguyen, First District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Norby, Fourth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chair Bates presented certificates of recognition to the three top County agencies collecting the most food during the 2007/08 County of Orange Employee's " Food from the Heart" food drive

 

II.   CONSENT CALENDAR (Items 1-18)

 

23145

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 7, 11, & 15 WHICH WERE DELETED; ITEM 18 WHICH WAS CONTINUED TO 3/17/09, 9:30 A.M.; ITEM 17 WHICH RECEIVED NO VOTES FROM SUPERVISORS BATES & MOORLACH AND ITEMS 5, 12, 13 & 16 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Campbell - Public Financing Advisory Committee - Appoint James E. Tecca, Laguna Niguel, to complete term ending 5/1/11

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

2.

Approve license agreement with Irvine for use of Sheriff's Katella Training Facility for training purposes, Orange ($1,000); and make California Environmental Quality Act findings - District 3

 

3.

Approve 2008-09 Financial and Operating Plan with United States Forest Service for patrol services, Cleveland National Forest ($6,000) - Districts 3 & 5

 

HEALTH CARE AGENCY

 

4.

Approve agreement with National Alliance on Mental Illness dba NAMI Orange County for Family-to-Family Education services, 3/10/09 - 6/30/09 ($44,040) and 7/1/09 - 6/30/10 ($88,080) - All Districts

 

JOHN WAYNE AIRPORT

 

5.

Approve amendment 2 to price agreement N1000008611 with T-Metrics, Inc. for maintenance of telephone operator consoles, 4/1/09 - 3/31/10 ($2,800); renewable for two additional one-year periods; and authorize purchasing agent or designee to exercise contingency contract cost increase not to exceed 10% without further Board action; and make California Environmental Quality Act findings - District 2

42135

APPROVED AS RECOMMENDED

 

6.

Approve use of design-build procurement for Automated Baggage Handling System with In-Line Explosive Detection System project; approve list of pre-qualified design-build contractors; authorize Director to establish and enforce a Department of Industrial Relations approved Third-Party Labor Compliance program; authorize Director or designee to issue a Request for Proposals to approved pre-qualified contractors, establish proposal due date of 4/15/09, receive, open and evaluate proposals and to extend due date if necessary up to 60 days; and make California Environmental Quality Act findings - District 2

 

7.

Approve use of design-build procurement for Common Use Terminal Equipment and Multi-User Flight Information Display System project; approve design-build Request for Proposals package; authorize Director to establish and enforce a Department of Industrial Relations approved Third-Party Labor Compliance program; authorize Director or designee to issue a Request for Proposals to approved pre-qualified contractors, establish proposal due date of 4/15/09, receive, open and evaluate proposals and to extend due date if necessary up to 60 days; and make California Environmental Quality Act findings - District 2

23145

DELETED

 

OC COMMUNITY RESOURCES

 

8.

Declare bid of Macerich Construction, Inc. to be non-responsible and approve request of Vargas Structures, Inc. to withdraw bid; receive bids and award contract to New Millenium Construction for Phase III ADA Restroom Upgrades, Fountain Valley, Westminster and Silverado Branch Libraries ($276,000) - Districts 1, 2 & 3

 

OC PUBLIC WORKS

 

9.

Approve quitclaim deed to Laguna Hills for conveyance of real property; and make California Environmental Quality Act findings - District 5

 

10.

Adopt resolution initiating 2009 Weed Abatement Program; and set public hearing for 4/7/09, 9:30 a.m., to consider assessment to private property for removal of weeds by County contractor - All Districts

 

RESO: 09-022

 

11.

Receive bids and award contract to Legg, Inc. for replacement of security doors, Probation/Juvenile Hall ($421,429) - District 3

23145

DELETED

 

12.

Acting as the Orange County Flood Control District - Approve easement deed from Irvine Unified School District for Peters Canyon Channel improvements; and make California Environmental Quality Act findings - District 3

43125

APPROVED AS RECOMMENDED

 

13.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement D08-090 with URS Corporation for on-call subsurface exploration services, three-year term ($200,000); and make California Environmental Quality Act findings - All Districts

43125

APPROVED AS RECOMMENDED; DIRECTED CEO TO PROVIDE BOARD WITH A STATUS REPORT ON THE PROGRESS FOLLOWING RELEASE OF RFI & RFQ

 

SOCIAL SERVICES AGENCY

 

14.

Receive and file Child Care and Development 2008 Comprehensive Needs Assessment - All Districts

 

GENERAL ADMINISTRATION

 

15.

Clerk of the Board - Receive and file Status Report; approve elimination or merger of various Boards, Commissions and Committees (BCCs); direct staff to amend BCC bylaws where needed; and direct Clerk of the Board to prepare a consolidated Administrative Manual covering the creation, implementation, statutes and policies governing  BCCs and implement other related resources - All Districts (Continued from 2/3/09, Item 10)

23145

DELETED

 

 

County Executive Office:

 

16.

Receive and file proposed Technology Sourcing Strategy Plan - All Districts (Continued from 2/10/09, Item 15)

42135

APPROVED AS RECOMMENDED

 

17.

Approve expenditure of Fourth District Fund 130 funds and agreements with Buena Park Library District for creation of a computer lab ($206,000) and City of Placentia for various projects ($134,192); authorize Clerk of the Board or designee to execute agreements; and make related findings - District 4

23145
N   N

APPROVED AS RECOMMENDED

 

18.

Human Resources Department - Approve transition of Law Enforcement Managers from County health plans to Association of Orange County Deputy Sheriffs (AOCDS) health plans, effective 7/1/09 - All Districts

23145

CONTINUED TO 3/17/09, 9:30 A.M.

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 19-S28A)

 

ELECTED DEPARTMENT HEADS

 

19.

Auditor-Controller - Approve renewal of price agreement N1000006705 with Saile Technologies, Inc. for functional and technical support for County-wide Accounting and Personnel System (CAPS) Financial System Upgrade Project (CAPS+), 3/15/09 - 3/14/10 ($328,000) - All Districts

35124

APPROVED AS RECOMMENDED

 

20.

Treasurer-Tax Collector - Approve amendment 2 to price agreement N1000006715 with Bloomberg for access to real time electronic investment and financial market information, Portfolio Order Management System, networking charges and taxes, 3/15/09 - 3/14/10 ($248,025.96) - All Districts

23145

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

21.

Reconsider agreement with Coalition of Orange County Community Clinics for Community Clinic services, 7/1/08 - 6/30/09 ($7,530,561); and reconsider agreement with Planned Parenthood/Orange and San Bernardino Counties, Inc. for Immunization Assessment services, 7/8/08 - 6/30/09 ($50,000) - All Districts

23145

APPROVE AMENDED RECOMMENDED ACTION #1 TO DIRECT STAFF TO PROVIDE A 30-DAY NOTICE OF INTENT TO SUSPEND FUNDING TO COALITION OF OC COMMUNITY CLINICS FOR THE PROVISION OF PLANNED PARENTHOOD SERVICES AND DIRECTED HCA STAFF TO PROVIDE BOARD WITH RECOMMENDATIONS FOR PROVIDERS OF THOSE SERVICES

 

 

THE BOARD TOOK NO ACTION ON RECOMMENDED ACTION #2

 

OC COMMUNITY RESOURCES

 

22.

Declare bid of Macerich Construction, Inc. to be non-responsible; receive bids and award contract to Thomco Construction, Inc. for Phase III ADA Restroom Upgrades and expansion and interior remodeling, Irvine/University Park Branch Library ($751,616) - District 3

34125

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

23.

Approve price agreement N1000010723 with Hardy & Harper Inc. for annual asphalt concrete maintenance, 3/11/09 - 3/10/10 ($915,000); renewable for four additional years per Board policy; and make California Environmental Quality Act findings - All Districts

32145

APPROVED AS RECOMMENDED

 

24.

Approve renewal of price agreement N2000009275 with Faubel Public Affairs for water quality awareness services, 3/12/09 - 3/11/10 ($600,000); and make California Environmental Quality Act findings - All Districts

13245

APPROVED AS RECOMMENDED

 

25.

Approve price agreement K1000000103 with LSA Associates, Inc. for preparation of environmental documentation for La Pata Avenue and Camino Del Rio Gap Closure Project, ($1,800,000); renewable for two additional one-year terms with Board approval; and make California Environmental Quality Act findings - District 5

32145
    X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

26.

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

12345

APPROVED AS RECOMMENDED

 

27.

Human Resources Department - Approve price agreement N1000010766 with ACS HR Solutions for Total Self-Service Benefits Administrator services for all health and welfare benefit programs, 4/1/09 - 12/31/14; renewable for two additional one year periods per Board policy - All Districts

35124

APPROVED AS RECOMMENDED

 

28.

Office of the Performance Audit Director - Receive and file Performance Audit of HCA/Correctional Medical Services report; and direct Office of the Performance Audit Director to follow-up with Health Care Agency and Sheriff-Coroner Department after one year to evaluate progress in implementing audit recommendations and return to the Board with status report - All Districts (Continued from 3/3/09, Item 37)

23145

APPROVED AS RECOMMENDED

 

S28A.

Supervisor Campbell - Adopt resolution supporting the preservation of the equestrian facilities at Orange County Fairgrounds

32145

APPROVED AS RECOMMENDED; DIRECTED ORANGE COUNTY ANIMAL CARE WORK WITH THE FAIR BOARD, EQUESTRIAN CENTER, AND THE EQUESTRIAN COMMUNITY IN THE DEVELOPMENT OF A THOROUGH EVACUATION PLAN FOR LARGE ANIMALS

 

RESO: 09-023

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS-2)

 

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, etc. v. Board of Retirement of the Orange County Employees Retirement System, etc., Los Angeles County Superior Court Case No. BC 389758           

B.O.

HELD, NO REPORTABLE ACTION

 

SCS-2.

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

B.O.

HELD, NO REPORTABLE ACTION

 

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

 

PUBLIC COMMENTS:

Karen Finn - Oral Re:  Support of Sheriff & ROV; Planned Parenthood funding

 

Darrell Nolta - Oral Re:  Board's decision to suspend funding of Planned Parenthood services; new articles regarding Great Park issues and Irvine's approach to economic decline

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS AND TRAVEL REPORTS:

Supervisor Campbell - Oral Re:  Recent ruling in favor of the County's approval of an EIR regarding development in the Silverado Creek Area

 

Supervisor Nguyen - Oral Re:  Appreciation of State Board of Equalization Member, Michelle Steele's efforts in eliminating the state's proposal to redesign the assessment appeals form statewide increasing it to a two page document; thus increasing costs to counties.  Directed that the Chair and Vice-Chair draft a letter thanking Michelle Steele and her staff for their efforts.

 

ADJOURNED:  2:32 P.M.

22345

Adjourned in memory of Don Hall

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Nguyen

A.  =   Abstained

2. = Supervisor Moorlach

X.  =   Excused

3. = Supervisor Campbell

N.  =   No

4. = Supervisor Norby

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