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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 |
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PATRICIA BATES CHAIR |
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JANET NGUYEN VICE CHAIR |
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JOHN M. W. MOORLACH SUPERVISOR |
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BILL CAMPBELL SUPERVISOR |
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CHRIS NORBY SUPERVISOR |
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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Susan Novak, Chief
Deputy |
INVOCATION:
Supervisor Nguyen, First District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Moorlach, Second District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-27)
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31245 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 11, 12, 14 AND 16 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Supervisor Campbell - Acting
as the Orange County Housing Authority - Housing and Community
Development Commission - Reappoint Jim Palmer, Tustin, for term ending
6/30/11 |
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2. |
Supervisor Norby - Acting
as the In-Home Supportive Services Public Authority - In-Home Supportive
Services Advisory Committee - Reappoint MarGreta Jorgensen, M.F.T., Anaheim,
for term ending 7/13/13 |
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3. |
Supervisor Bates - Acting
as the Orange County Housing Authority - Housing and Community
Development Commission - Reappoint Bruce Sonnenberg, Irvine, for term ending
6/30/11 |
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Supervisor
Nguyen: |
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4. |
Acting
as the Orange County Housing Authority - Housing and Community Development
Commission - Reappoint Margie Rice, Westminster, for term ending 6/30/11 |
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5. |
Regional
Recreational Trails Advisory Committee - Appoint Vivian Kirkpatrick-Pilger,
Westminster, for term concurrent with 1st District Supervisor's term of
office |
COMMENDATIONS/PROCLAMATIONS/REPORTS
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Supervisor
Moorlach: |
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6. |
Adopt
resolution congratulating California Society of Certified Public Accountants
on 100th Anniversary |
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RESO: 09-101 |
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7. |
Adopt
resolution recognizing joint venture of Segerstrom Family and IBM Corporation
for their environmental stewardship |
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RESO: 09-102 |
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8. |
Adopt
resolution recognizing joint venture of Segerstrom Family and IBM Corporation
for their achievement of Gold Level LEED certification |
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RESO: 09-103 |
ELECTED DEPARTMENT HEADS
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District
Attorney: |
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9. |
Approve
amendment 2 to lease agreement DA06-006 with Equitable Property Management
Group, Inc. to remove 5,191 square feet of office space and 18 parking spaces
for DNA Unit, 900 N. Broadway, Santa Ana; and make California Environmental
Quality Act findings - District 1 |
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10. |
Approve
Cooperation Agreement/Memorandum of Understanding for participating in the
Orange County Regional Computer Forensics Laboratory; and authorize District
Attorney and Sheriff-Coroner or designees to execute agreements - All
Districts |
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Sheriff-Coroner: |
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11. |
Ratify
agreements with the State 32nd District Agricultural Association to provide
law enforcement services for events held
at the Orange County Fairgrounds, 7/1/09 - 6/30/10 ($350,000); and
authorize Sheriff-Coroner to execute agreements and contractor certification
clauses form CCC-307 - District 2 |
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41235 |
CONTINUED
TO 7/21/09, 9:30 A.M. |
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12. |
Ratify
agreements with the State 32nd District Agricultural Association to provide
law enforcement services for 2009 Orange County Fair, 7/9/09 - 8/10/09
($400,000); and authorize Sheriff-Coroner to execute agreements and
contractor certification clauses form CCC-307 - District 2 |
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41235 |
MOTION
TO CONTINUE 1 WEEK PENDING APPROVAL OF AGREEMENT BY OC FAIR BOARD FAILED TO
PASS |
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23145 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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13. |
Approve
agreement with Camp, Dresser and McKee, Inc. for water quality analysis and
reporting for Public Health Lab services, 7/15/09 - 6/30/10; authorize
Director or designee to execute agreement - All Districts |
JOHN WAYNE AIRPORT
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14. |
Approve
consent to withdraw bid of USS Cal Builders; receive bids and award contract
to All American Asphalt for Pavement Maintenance and Repairs project
($500,000); and make California Environmental Quality Act findings - District
2 |
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23145 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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15. |
Approve
renewal of Price Agreement N1000009772 with HAPPY Software, Inc. for software
support maintenance for Orange County Housing Authority Housing Pro
application, 9/1/09 - 8/31/11 ($58,977) - All Districts |
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16. |
Approve
ranked lists of firms for on-call architectural-engineering services for OC
Parks capital improvement and rehabilitation projects for a period of
three years; authorize negotiation of agreements as needed for Board
approval; and direct Director or designee to use approved lists to issue
Request for Proposals when required per Contract Policy Manual - All
Districts |
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23145 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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17. |
Approve
plans and specifications and set bid opening for 8/19/09, 2:00 p.m., for
re-roofing of Yorba Regional Park Group Shelter #4; and make California
Environmental Quality Act findings - District 3 |
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Acting as the
Orange County Flood Control District: |
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18. |
Approve
agreement D09-039 with Harris & Associates for on-call engineering
services, three-year term (not to exceed $200,000); and make California
Environmental Quality Act findings - All Districts |
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19. |
Declare
surplus and approve grant deed to San Juan Capistrano Redevelopment Agency
for purchase of 1.161-acre portion of Assessor's Parcel 121-240-36
($191,500); and make California Environment Quality Act and other findings -
District 5 |
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20. |
Approve
Mitigated Negative Declaration IP 09-070 and conceptually approve flood
control improvements to Edinger Storm Channel - Districts 1 & 2 |
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21. |
Approve
agreement D09-047 with VA Consulting, Incorporated for on-call engineering
services for the East Garden Grove Wintersburg and Westminster Channel
Projects, three-year term ($200,000); and make California Environmental
Quality Act findings - All Districts |
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Acting as the
Board of Supervisors and Orange County Flood Control District: |
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22. |
Approve
agreement CCC-96 and addendum with California Conservation Corps for
maintenance of flood control facilities and roadways, 7/14/09 - 7/13/10
($297,000); renewable for two additional years; and make California
Environmental Quality Act findings - All Districts |
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23. |
Approve
agreement D09-044 with URS Corporation for on-call engineering and regulatory
permitting services for flood control and road projects, three-year term
($400,000); and make California Environmental Quality Act findings - All
Districts |
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24. |
Approve
amendment No. 3 to agreement D05-013 with Rancho Mission Viejo Community
Development Company, Inc., and Pacific Advanced Engineering, Inc. for the San
Juan Creek Watershed Study, extending term to 7/31/10 - Districts 5 |
GENERAL ADMINISTRATION
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25. |
Clerk of the Board - Approve
merger of the membership of the Public Facilities Corporation with the
Planning Commission membership and direct staff to amend bylaws accordingly -
All Districts |
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26. |
Human Resource Services - Adopt
resolution reaffirming commitment to Equal Employment Opportunity Policy
& Procedure and approve minor revisions effective 7/14/09 - All Districts |
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RESO: 09-104 |
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27. |
Supervisor Campbell - Authorize
waiver of fees for use of San Diego Creek bike trail for Woodbridge High
School Cross Country events on 9/19/09 and 1/9/10 |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 28-45)
ELECTED DEPARTMENT HEADS
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28. |
Sheriff-Coroner - Approve
agreement with Aliso Viejo for law enforcement services, 7/1/09 - 6/30/10
($6,132,852); and authorize Sheriff-Coroner to execute amendments and extend
agreement under certain conditions - District 5 |
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51234 |
APPROVED AS RECOMMENDED |
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29. |
Treasurer-Tax Collector - Adopt
resolution authorizing sale and issuance of Westminster School District
General Obligation Bonds Election of
2008, Series 2009 ($35,000,000) - District 1 & 2 |
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APPROVED AS RECOMMENDED |
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RESO: 09-105 |
HEALTH CARE AGENCY
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30. |
Approve
price agreement N1000010965 with LiveProcess Corp. for Health Incident
Management System software licensing and maintenance support services,
7/15/09 - 7/31/10 ($179,800); renewable for four additional one-year periods
- All Districts (Continued from 6/23/09, Item 64) |
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34125 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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31. |
Approve
agreement with Jervis B. Webb Company for design and construction of
Terminals A, B and C Baggage Handling System project ($16,543,765); and
find Final EIR 582 and addendum 582-1, as revised by Final Supplemental EIR
582, are adequate to satisfy requirements of California Environmental Quality
Act - District 2 |
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21345 |
APPROVED AS RECOMMENDED |
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32. |
Approve
amendment 1 to agreement with Walker Parking Consultants for geotechnical
services for construction of Parking Structure C ($214,642; new total
$6,420,650); and find Final EIR 582 and addendum 582-1, as revised by Final
Supplemental EIR 582, are adequate to satisfy requirements of California
Environmental Quality Act - District 2 |
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21345 |
APPROVED AS RECOMMENDED |
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33. |
Relieve
Whiting-Turner Contracting Company of its bid; receive bids and award
contract to McCarthy Building Companies, Inc. for Terminal C project
($102,309,469); adopt plans and specifications; and find Final EIR 582 and
addendum 582-1, as revised by Final Supplemental EIR 582, are adequate to
satisfy requirements of California Environmental Quality Act and make other
findings - District 2 |
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14235 |
CONTINUED TO 7/21/09, 9:30 A.M. AND
DIRECTED COUNTY COUNSEL TO AGENDIZE CLOSED SESSION TO BE HELD PRIOR TO
CONTINUED ITEM |
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34. |
Receive
bids and award contract to Swinerton Builders, Inc. for Parking Structure C
project ($34,170,818); adopt plans and specifications; and find Final EIR
582 and addendum 582-1, as revised by Final Supplemental EIR 582, are
adequate to satisfy requirements of California Environmental Quality Act and
make other findings - District 2 |
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14235 |
CONTINUED TO 7/21/09, 9:30 A.M. AND
DIRECTED COUNTY COUNSEL TO AGENDIZE CLOSED SESSION TO BE HELD PRIOR TO
CONTINUED ITEM |
OC PUBLIC WORKS
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Acting as the
Orange County Flood Control District: |
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35. |
Approve
amendment No. 1 to agreement D06-055 with GRiver Golf, LLC and amendment No.
1 to agreement D06-056 with GRiver Golf F&B Operators, LLC for
extension of existing golf operations contract and food and beverage facility
lease, 8/22/09 - 8/21/11 - All Districts |
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21345 |
APPROVED
AS RECOMMENDED |
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36. |
Approve
acquisition contract and grant deed with John V. and Estela C. Dominguez for
purchase of real property located within Prado Dam Project area;
authorize Director or designee to execute all necessary documents; authorize
Auditor-Controller to make related payments; and make California
Environmental Quality Act findings - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
OC WASTE & RECYCLING
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37. |
Select
SCS Field Services as primary and Bryan A. Stirrat & Associates as alternate
firms for landfill gas services for South Region Landfills; and authorize
negotiation of agreement for Board approval - District 5 (Continued from
6/2/09, Item 62) |
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54123 |
SELECTED BRYAN A. STIRRAT & ASSOCIATES
AS PRIMARY AND SCS FIELD SERVICES AS ALTERNATE FIRMS |
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38. |
Approve
cooperative agreement with Brea for continued operation of Olinda Alpha
Landfill; and find Final EIR 588 is adequate to satisfy requirements of
California Environmental Quality Act - All Districts |
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41235 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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39. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
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40. |
Receive
and file memorandum from Orange County Employee's Retirement System (OCERS)
regarding proposed implementation of recommendations made by Strategic
Investment Solutions about the use of derivatives and leverage in OCERS
investment portfolio - All Districts |
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32145 |
APPROVED
AS RECOMMENDED |
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41. |
Receive
and file 2008 Audited Financial Statements of Orange County Employees
Retirement System - All Districts |
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23145 |
APPROVED
AS RECOMMENDED |
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42. |
Select
American Municipal Tax-Exempt Compliance Corporation as primary and Arbitrage
Compliance Specialists, Inc. as alternate firms for arbitrage rebate services; and
authorize negotiation of agreement for Board approval - All Districts |
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31245 |
APPROVED
AS RECOMMENDED |
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43. |
Select
Marsh Risk & Insurance Services to provide insurance broker services for
Property & Casualty Risk Program; and authorize Risk Management to
negotiate agreement for Board approval - All Districts |
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23145 |
APPROVED
AS RECOMMENDED |
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44. |
Approve
recommended grant applications submitted by OC Community Resources, Registrar
of Voters, Sheriff-Coroner, District Attorney, Social Services Agency and
Probation in 7/14/09 grant report and other actions as recommended; adopt
resolution authorizing Sheriff-Coroner or designee to submit application to
State Emergency Management Agency for Homeland Security Grant Program FY09;
adopt resolution authorizing District Attorney or designee to submit and execute
grant agreement with DOI for Disability and Healthcare Insurance Fraud
Program, 7/1/09 - 6/30/10; and adopt resolution authorizing Chief Probation
Officer to execute and submit grant application for Aggression Replacement
Training (ART) under Juvenile Accountability Block Grant Program - All
Districts |
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32145 |
APPROVED
RECOMMENDED ACTIONS 1-9, 11 |
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RESO: 09-106 - 09-107 |
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32145 |
APPROVE
RECOMMENDED ACTION 10 |
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RESO: 09-108 |
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45. |
Human Resource Services - Approve
2009-2012 MOU with Orange County Employees Association; and return to the
Board with resolution implementing new Pension Program upon enactment of
legislation - All Districts |
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31245 |
CONTINUED TO 7/21/09, 9:30 A.M. |
IV. PUBLIC HEARINGS (None)
V. CLOSED SESSION (Items CS-1-CS-2)
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,
NO REPORTABLE ACTION |
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CS-2. |
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, SUPERVISOR CAMPBELL BEING ABSENT, AUTHORIZED COUNTY COUNSEL
TO FILE LITIGATION IN SEPARATE ACTIONS.
THE IDENTITY OF THE PARTIES AND OTHER PARTICULARS WILL BE DISCLOSED TO
ANY PERSON UPON INQUIRY ONCE THE ACTION IS FILED. |
VI. PUBLIC, CEO, BOARD & EMAIL COMMENTS &
ADJOURNMENT
PUBLIC COMMENTS:
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David Cortez - Oral Re: Outdated map of El Modena area |
COUNTY EXECUTIVE OFFICER COMMENTS:
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Tom Mauk - Oral Re: Appointment of David Riley as Health Care
Agency Director |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Norby - Oral Re: Committee reports on SCAG, Mental Health
Board and OC Sanitation District |
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Supervisor Campbell - Oral Re: Visit to San Bernardino County Sanitation
District sludge processing facility and committee reports on Fire Authority
Adhoc Committee on use of volunteers and AQMD enforcement of 2010 Clean Air
Act Fines |
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Chair Bates - Oral Re: Direction for CEO to report at each Board
meeting on status of departments' implementation of reductions approved in
09-10 budget and Sheriff Department's provision of mutual aid to Los Angeles
County for Michael Jackson's Memorial Service |
ADJOURNED:
1:40 P.M.
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31245 |
Adjourned in memory of Charlotte Ann Bell
& Leeland Ira Koontz |
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13245 |
Adjourned in memory of Barbara Jane
Sulzbach |
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21345 |
Adjourned in memory of Kenneth Walter
Fowler |
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52134 |
Adjourned in memory of James (Jim) R.
Henderson |
***
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 Spitzer |
N. = No |
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4. = Supervisor Nelson |
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 |