REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, June 21, 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

 

Chairman Campbell recognized staff from OC Public Works/OC Planning for awards received from professional organizations

 

II.   CONSENT CALENDAR (Items 1-28)

 

14253

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 19 WHICH WAS CONTINUED TO 6/28/11, 9:30 A.M.; ITEM 21 WHICH RECEIVED AN ABSTENTION FROM SUPERVISOR BATES; AND ITEMS 9, 13, 17, 18 & 23 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Campbell - Santa Ana River Flood Protection Agency - Appoint Jim Wahner, Costa Mesa, to complete term ending 12/31/11

 

 

Supervisor Moorlach:

 

2.

Sunset Beach LCP Advisory Committee - Reappoint Timothy McCormack, Sunset Beach, for term ending 6/30/14

 

3.

Acting as the Orange County Housing Authority - Housing and Community Development Commission - Appoint Tony Petros, Newport Beach, for term ending 6/30/13

 

ELECTED DEPARTMENT HEADS

 

4.

Auditor-Controller - Acting as the Board of Supervisors and Orange County Flood Control District - Adopt resolutions establishing appropriations limits, cost of living and population factors, FY 2011-12 for County and Flood Control District funds - All Districts

 

RESO: 11-084 - 11-085

 

 

Sheriff-Coroner:

 

5.

Approve amendment A2 to agreement 00112308 with State of California for Peace Officer Standards and Training (POST) Driving and Force Option Simulator courses, term ending 6/30/11 ($23,384; new total $181,384); and authorize Sheriff-Coroner or designee to execute amendment - All Districts

 

6.

Approve agreement MA-060-11011813 with Tescan USA Incorporated for maintenance of scanning electron microscope system, 8/1/11 - 7/31/12 ($10,605); renewable annually for four years; and authorize Purchasing Agent or deputy to execute agreement - All Districts

 

7.

Approve agreement MA-060-11012302 with Charles R. Eastman for helicopter mechanic services, 7/1/11 - 6/30/12 ($218,400); and authorize Purchasing Agent or deputy to execute agreement - All Districts

 

8.

Approve agreement with Signature Combs, Inc. for Air Support Unit's use of two hangars at John Wayne Airport; and make California Environmental Quality Act findings - District 2

 

9.

Approve amendment 5 to agreement MA-060-11010866 with Taser International, Inc for repair and replacement of tasers and taser accessories, term ending 11/17/11 ($2,088; new total $135,088); renewable annually for two years; and authorize Purchasing Agent or designee to execute agreement - All Districts

42153

APPROVED AS RECOMMENDED

 

10.

Approve agreement MA-060-11012429 with MCM Technology, LLC for maintenance of Communications Accounting and Asset Management System, 6/27/11 - 6/26/12 ($25,928); renewable for four additional years; and authorize Purchasing Agent or deputy to execute agreement - All Districts  

 

11.

Approve agreement MA-060-11012207 with Intratek Computer, Inc. for information technology professional services and printer repair services, 6/29/11 - 6/28/12 ($275,000); renewable for two additional years; and authorize Purchasing Agent or deputy to execute agreement - All Districts

 

CHILD SUPPORT SERVICES

 

12.

Approve shared services agreement with Imperial County for call center partnership to assist Imperial County Child Support Services with client telephone calls, 7/1/11 - 6/30/12; and authorize Director to execute agreement and extend agreement for one additional year - All Districts 

 

HEALTH CARE AGENCY

 

13.

Approve amendment 2 to agreement V-98946801-2 with United States Environmental Protection Agency for Palos Verdes Shelf Support Agency funds, 4/30/11 - 4/30/12; authorize Director or designee to execute amendment and any subsequent non-monetary amendments - All Districts

54123

APPROVED AS RECOMMENDED

 

14.

Approve grant agreement TEA18-10-30 with State Department of Resources Recycling and Recovery (CalRecycle) for Waste Tire Program, 6/30/11 - 9/28/12 ($479,321); and authorize Director or designee to execute agreement - All Districts

 

15.

Authorize Purchasing Agent or deputy to renew master agreement as MA-042-11012342 with Pacific Bell Telephone Company, dba AT&T DataComm for network equipment maintenance, 7/1/11 - 6/30/12 ($178,007) - All Districts

 

OC DANA POINT HARBOR

 

16.

Approve amendment 2 to lease with Ocean Institute for a Seaside Learning Center; and make California Environmental Quality Act findings - District 5  

 

OC COMMUNITY RESOURCES

 

17.

Approve the use of donated funds for the offset of spay/neuter, adoption, vaccination, deworming, flea treatment, and feline leukemia test fees to promote adoptions; make related findings - All Districts

24153

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

18.

Approve agreement D11-012 with City of La Habra for rehabilitation of portions of Citrus Drive in unincorporated Orange County ($149,000); authorize Director or designee to exercise contingency cost increase not to exceed 10%; and make California Environmental Quality Act findings - District 4

42153

APPROVED AS RECOMMENDED

 

19.

Approve County 7-Year Transportation Capital Improvement Program; adopt resolution confirming Transportation Element conformance with Master Plan of Arterial Highways for submittal to Orange County Transportation Authority for Measure M Funds; and make California Environmental Quality Act findings - All Districts

14253

CONTINUED TO 6/28/11, 9:30 A.M.

 

20.

Acting as the Board of Supervisors - Approve plans and specifications and set bid opening for 7/27/11, 2:00 p.m., for Kline Drive and Orchard Drive street improvements, Newport Beach; and make California Environmental Quality Act findings; Acting as Board of Supervisors and Orange County Development Agency - Approve agreement D09-082 with City of Newport Beach defining roles and responsibilities for the project - District 2

 

21.

Select Daniel B. Stephens & Associates, Inc. as primary and Geoscience Support Services, Inc. as alternate firms for Newport Bay Watershed groundwater and surface water study; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - Districts 1, 2, 3 and 5

14253
   A

APPROVED AS RECOMMENDED

 

22.

Acting as the Orange County Flood Control District - Approve amendment 2 to agreement D07-043 with Santa Ana Watershed Project Authority eliminating the requirement to hold funds in escrow; and make California Environmental Quality Act findings - District 3

 

SOCIAL SERVICES AGENCY

 

23.

Approve Memorandum of Understanding WTM0411 with State Department of Rehabilitation for provision of vocational rehabilitation services, 7/1/11 - 6/30/14; and authorize Director or designee to execute MOU - All Districts

25143

APPROVED AS RECOMMENDED

 

24.

Approve agreement MA-063-11011985 with Regents of University of California dba University Extension for specialized training services, 7/1/11 - 6/30/14 ($554,268); renewable for one additional two-year term; and authorize Purchasing Agent or Deputy to execute agreement - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

25.

Approve re-adoption of the State’s Model Code by reference and modifications to Designated Filer Positions and Disclosure Categories Exhibits A & B for Coast Community College District - All Districts

 

26.

Approve proposed amendments to the Conflict of Interest Code Designated Filers Exhibits for Health Care Agency - All Districts

 

27.

County Executive Office - Authorize Purchasing Agent or designee to issue amendment 2 to agreement N1000011086 as MA-017-10013511 with Pace Applied Technology, Inc. for Komand Direct Software Maintenance, effective 6/25/11 - 6/24/12 ($16,196.05); renewable for two additional one-year periods ($20,000 per year) - All Districts

 

28.

Registrar of Voters - Authorize reallocation of $200,000 in services and supplies appropriations to fixed assets for purchase of two Pitney Bowes MCS Print Systems - All Districts

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 29-57)

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

29.

Acting as the Board of Supervisors and Orange County Housing Authority - Adopt resolution authorizing temporary transfer of cash between various funds - All Districts

21453

APPROVED AS RECOMMENDED

 

RESO: 11-086

 

30.

Approve contract MA-003-11012381 with GCAP Services, Inc., for CAPS + and Property Tax Management System training, 7/1/11 - 6/30/12 ($2,000,000); renewable for one additional year ($1,375,000) - All Districts

42153

APPROVED AS RECOMMENDED

 

31.

Approve price agreement N1000010203 with TaTa Consultancy Services (TCS) for completion of Property Tax Management System (PTMS), 12/31/11 - 1/9/13 ($2,700,000) - All Districts

54123

APPROVED AS RECOMMENDED

 

32.

Select term option for agreement with CGI Technologies and Solutions Inc., for proprietary software maintenance - All Districts

35124
  N 

APPROVED OPTION FOR 10 YEAR CONTRACT TERM

 

33.

Approve contract #MA-003-1101235 with Aeris Enterprises, Inc., for development of the CAPS+ Data Warehouse, 6/22/11 - 4/30/12 ($539,000) - All Districts

54123
    X

APPROVED AS RECOMMENDED

 

34.

Sheriff-Coroner - Approve renewal of agreement MA-060-11012320 with L3 Communications Mobile-Vision Inc. for maintenance of digital in-car video systems for law enforcement vehicles, 6/24/11 - 6/23/12 ($159,564); and authorize Purchasing Agent or deputy to execute agreement - All Districts

41253
    X

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

35.

Approve amendment to agreement 07-1448-OR30 with State Department of Health Care Services for Health Care Coverage Initiative program - All Districts

14253
    X

APPROVED AS RECOMMENDED

 

36.

Approve selections of and agreements with AHMC Anaheim Regional Medical Center ($201,247), Nhan Hoa Comprehensive Health Care Clinic ($201,247), Community Service Programs, Inc. ($201,247), National Council on Alcoholism and Drug Dependence - Orange County ($201,247) and America On Track dba Orange County On Track ($201,247) for Tobacco Cessation and Prevention services, 7/1/11 - 6/30/12; and authorize Director or designee to exercise cost contingency increase for agreements not to exceed 15% under certain conditions - All Districts

B.O.

CONTINUED TO 7/19/11, 9:30 A.M.

 

37.

Approve master agreements with various provider of hospital and clinic services, 7/1/11 - 12/31/12; and amendment 2 to Medical Services Initiative Program master agreements for provision of hospital and clinic services, 11/1/10 - 12/31/11; and approve amendment 6 to agreement with Advanced Medical Management, Inc. for Fiscal Intermediary services, 7/1/08 - 12/31/11 ($36,133,570; new total $84,041,412); authorize Director or designee to execute agreements and amendments to Advanced Medical Management agreement under certain conditions - All Districts

51243
    X

APPROVED AS RECOMMENDED

 

38.

Approve selection of and agreement with Latino Center for Prevention and Action in Health Welfare dba Latino Health Access for Community Outreach Services/Promotora Model, 7/1/11 - 6/30/12 ($1,034,151) and 7/1/12 - 6/30/13 ($510,714) - All Districts (Continued from 6/7/11, Item 31)

41253
    X

APPROVED AS RECOMMENDED

 

39.

Approve selection of and agreements with Central City Community Health Center, Inc., 7/1/11 - 6/30/12 ($203,000) and 7/1/12 - 6/30/13 ($200,000) and Vietnamese Community of Orange County, Inc., 7/1/11 - 6/30/12 ($1,044,500) and 7/1/12 - 6/30/13 ($997,000) for Integrated Community services - All Districts (Continued from 6/7/11, Item 32)

B.O.

CONTINUED TO 6/28/11, 9:30 A.M.

 

40.

Approve selection of and agreement with Orange County Health Authority dba CalOptima for Administrative Services Organization services, 7/1/11 - 6/30/12 ($4,860,845) - All Districts (Continued from 6/7/11, Item 34)

15243
    X

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

41.

Authorize Director or designee to fund HOME Investment Partnership Act loan to SC Senior Apartments, L.P., ($1,652,400) and senior construction loan ($16,000,000) and authorize 10% contingency increase for subordination under certain conditions; approve subordination at permanent financing to the first trust deed conventional loan ($2,521,811) and second trust deed Project-Based Voucher loan ($2,238,743) and third trust deed State Multi-Family Housing Program loan ($5,480,000); authorize Director or designee to subordinate to additional senior debt up to 100% of the cumulative loan-to-value based on the as-built appraised market value; approve selection of SC Senior Apartments, L.P. for 27 housing choice vouchers for units as described; and authorize Director or designee to execute related documents - District 5

51243
    X

APPROVED AS RECOMMENDED

 

42.

Adopt resolution approving Workforce Investment Act Subgrant agreement K282492 with State Department of Employment Development, FY 2011-12, for employment and training services ($12,850,535); authorize Director or designee to execute agreement and other related documents and accept funding increases and decreases made by the State under certain conditions - All Districts

45123
    X

APPROVED AS RECOMMENDED

 

RESO: 11-087

 

43.

Acting as the Board of Supervisors and Orange County Development Agency - Adopt resolutions approving grant and set-aside funds to the Social Services Agency for development of Tustin Family Campus for emancipated youth benefiting the Neighborhood Development and Preservation Plan and Santa Ana Heights project area ($4,500,000); authorize Director or designee to execute agreements and related documents; and make related findings - District 3

15243
   NX

APPROVED AS RECOMMENDED

 

RESO: 11-088 - 11-089

 

OC PUBLIC WORKS

 

44.

Approve agreement D11-003 with City of Lake Forest for road operations and maintenance services, 7/1/11 - 6/30/16 ($1,773,000); authorize Director or designee to exercise contingency cost increase not to exceed 10%; and make California Environmental Quality Act findings - District 5

51243
    X

APPROVED AS RECOMMENDED

 

45.

Approve agreement D11-004 with City of Mission Viejo for road operations and maintenance, 7/1/11 - 6/30/13 ($987,612); authorize Director or designee to exercise contingency cost increase not to exceed 10%: and make California Environmental Quality Act findings - District 5

51243
    X

APPROVED AS RECOMMENDED

 

46.

Acting as the Orange County Flood Control District - Receive bids and award contract to Zusser Company, Inc. for Cathodic Protection Systems for Huntington Beach Channel and Talbert Channel ($4,238,252); and make California Environmental Quality Act findings - District 2

24153
    X

CONTINUED TO 6/28/11, 9:30 A.M.

 

OC WASTE & RECYCLING

 

47.

Approve amendment 2 to agreement RW000157.07 with Bryan A. Stirrat & Associates for construction management, quality assurance/quality control and archeological/paleontological services, South Region Landfills, extending term through 12/18/11 ($400,000; new total $2,825,000) - District 5 

51243
    X

APPROVED PAYMENT TO BRYAN A. STIRRAT & ASSOCIATES OF $138,800 FOR SERVICES PROVIDED AND CONTINUED TO 6/28/11, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

48.

Approve Memoranda of Understanding with Superior Court of California for provision of services between the County and the Courts, 7/1/11 - 6/30/12; and authorize CEO or designee to execute MOUs - All Districts

14253

APPROVED AS RECOMMENDED

 

49.

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

 

RECEIVED PRESENTATION FROM JAMES MCCONNELL, WASHINGTON, DC ADVOCATE AND LEGISLATIVE BULLETIN

 

50.

Approve recommended grant applications submitted by Health Care Agency, Registrar of Voters and Sheriff's Department in 6/21/11 grant report and other actions as recommended - All Districts

14253
    X

APPROVED RECOMMENDED ACTIONS 3, 4 AND 5

 

15243
    X

CONTINUED RECOMMENDED ACTION 1, HCA - PUBLIC PREVENTION HEALTH FUND: COMMUNITY TRANSFORMATION GRANT APPLICATION, TO 6/28/11, 9:30 A.M.

 

45123
   NX

APPROVED RECOMMENDED ACTION 2

 

51.

Receive and file Implementation Status Report for Chairman's 2011 Goals - All Districts

B.O.

CONTINUED TO 6/28/11, 9:30 A.M.

 

52.

Authorize Purchasing Agent to increase agreement MA-017-11012176 with William D. Mahoney for professional services for Public Administrator/Public Guardian ($50,000; new total $98,000)  - All Districts

51243
    X

APPROVED AS RECOMMENDED

 

53.

Receive and file "Follow-up Report and Presentation on Orange County Employees Retirement System (OCERS) - Pensionable Pay items" - All Districts

 

RECEIVED

 

54.

Approve amendment 2 to agreement N1000010025 with CompuTrust Software Corporation for completion of PA/PG Information System - All Districts

45123
    X

APPROVED AS RECOMMENDED

 

55.

Consider directing staff to develop legislative proposals to implement options for New Elected Members of the Board of Supervisors Retirement Plan - All Districts

45123
    X

CONTINUED TO 7/19/11, 9:30 A.M.

 

56.

Approve departmental participation in County's Voluntary Contract Cost Reduction Program; authorize Purchasing Agent or designee to execute amendments and extensions - All Districts

14253
    X

APPROVED CONTRACTS LISTED IN ATTACHMENT 2 WITH SPECIFIC DOLLAR AMOUNTS FOR PARTICIPATION IN COST REDUCTION PROGRAM AND PUT ON HOLD CONTRACTS LISTED AS UNLIMITED UNTIL STAFF PROVIDES ADDITIONAL INFORMATION

 

57.

Human Resources Department - Approve 2011-2013 Memorandum of Understanding with Orange County Managers Association (OCMA) - All Districts

B.O.

CONTINUED TO 6/28/11, 9:30 A.M.

 

IV.  PUBLIC HEARINGS (Items 58-59)

 

OC COMMUNITY RESOURCES

 

58.

Public Hearing to consider adopting resolution approving Engineer's Report FY 2011-12 East Yorba Linda County Service Area No. 22 Proposed Benefit Assessment Levy for park maintenance services at Woodgate Park; and make California Environmental Quality Act findings - District 3

B.O.

CLOSED PUBLIC HEARING

 

45123
  N X

APPROVED AS RECOMMENDED

 

RESO: 11-090

 

GENERAL ADMINISTRATION

 

59.

County Executive Office - Public Hearing to consider adopting resolution authorizing issuance of Apartment Development Revenue Bonds, Issue A of 2011 in an aggregate principal amount not to exceed $17,600,000 for new construction of seventy-six units senior affordable rental housing development, City of San Clemente; appoint Orrick Herrington & Sutcliffe as bond/disclosure counsel and CSG Advisors, Incorporated as financial advisor - All Districts

B.O.

CLOSED PUBLIC HEARING

 

51243
    X

APPROVED AS RECOMMENDED

 

RESO: 11-091

 

V.   CLOSED SESSION (Items CS-1-SCS5)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Names of Cases:  Margaret Reed v. County of Orange, United States District Court Case No. SACV 05-1103 CJC (ANx);  Jeffory Weaver v. County of Orange, United States District Court Case No. SACV10-00101 CJC;  Aaron Brady v. County of Orange, United States District Court Case No. SACV 10-0805 CJC

B.O.

HELD, NO REPORTABLE ACTION

 

CS-2.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  6829 and 6875 Pine Avenue, Chino, California
County Negotiator:  County Executive Officer
Negotiating Parties:  County of Orange, Orange County Flood Control District, and an entity known as SRG Chino Limited Partnership
Under Negotiation:  Negotiations regarding Orange County Flood Control District Property and other land located within the Prado Dam Project Area

B.O.

HELD, NO REPORTABLE ACTION

 

 

Human Resources Department:

 

CS-3.

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

B.O.

CONTINUED TO 6/28/11, 9:30 A.M.

 

SCS4.

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.

CONTINUED TO 6/28/11, 9:30 A.M.

 

SCS5.

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

B.O.

HELD, NO REPORTABLE ACTION

 

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

 

PUBLIC COMMENTS:

Kandice Hawes, John Grace and Matthew Scott - Oral Re:  Medical Marijuana collectives

 

William Fitzgerald and Gerald Del Rosario - Oral Re:  Denial of unemployment benefits

 

Darrell Nolta - Oral Re:  Orange County's preparedness for emergencies

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

None

 

ADJOURNED:  2:00 P.M.

52143
    X

Adjourned in memory of Lee J. Ames

 

 

***  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