REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, September 11, 2007,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

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

Santa Ana, California              

 

CHRIS NORBY                            

CHAIRMAN                               

Fourth District    

 

JOHN M. W. MOORLACH                    

VICE CHAIRMAN                          

Second District    

JANET NGUYEN                           

SUPERVISOR                             

First District     

 

 

BILL CAMPBELL                          

SUPERVISOR                             

Third District     

PATRICIA BATES                         

SUPERVISOR                             

Fifth District     

 

ATTENDANCE:  All Present

 

EXCUSED:          None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Thomas G. Mauk

 

COUNTY COUNSEL

 

Benjamin P. de Mayo

 

CLERK OF THE BOARD

 

Susan Novak, Chief Deputy

 

INVOCATION:  Supervisor Moorlach, Second District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Nguyen, First District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairman Norby presented a resolution to Larry McKenney commending him on his retirement

 

II.   CONSENT CALENDAR (Items 1-32)

 

31254

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 3 & 8 WHICH  WERE DELETED; ITEMS 10, 27 & 28 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; AND ITEM 31 WHICH WAS CONTINUED TO 9/18/07, 9:30 A.M.

 

BOARD APPOINTMENTS

 

 

Supervisor Moorlach:

 

1.

Orange County Historical Commission - Appoint Donald J. Dobmeier, Garden Grove, for term concurrent with 2nd District Supervisor's term of office

 

2.

Orange County Human Relations Commission - Appoint Mark R. Matthews, Fountain Valley, for term ending 9/10/09

 

3.

Chairman Norby - Orange County Local Remote Access Network Board - Appoint Supervisor Bates as regular and Supervisor Moorlach as alternate for terms ending 12/31/07

31254

DELETED

 

 

Supervisor Nguyen:

 

4.

Regional Recreation and Trails Commission - Appoint Vivian Kirkpatrick-Pilger, Westminster, for term concurrent with 1st District Supervisor's term of office

 

5.

Housing and Community Development Commission - Reappoint Margie Rice, Westminster, for term ending 6/30/09

 

6.

Assessment Appeals Board No. 1 - Appoint Stephen Nevarez, Westminster, to complete term ending 8/31/08

 

7.

Assessment Appeals Board No. 2 - Appoint Pho Van Pham, Westminster, to complete term ending 9/6/09

 

8.

Animal Care Community Outreach Committee - Appoint Dante Salazar, Garden Grove, for term ending 3/30/09

31254

DELETED

 

9.

Community Action Partnership of Orange County - Appoint Alberta Christy, Santa Ana, to complete term ending 12/8/08

 

DEPARTMENT APPOINTMENTS

 

10.

Health Care Agency - CalOptima Board of Directors - Reappoint Michael D. Stephens, Newport Beach, for term ending 9/30/11 - All Districts (Continued from 8/21/07, Item 1)

13254
  N N

CONTINUED TO 9/18/07, 9:30 A.M.

 

COMMENDATIONS/PROCLAMATIONS/REPORTS

 

11.

Chairman Norby - Adopt resolution congratulating 95.5 KLOS on organizing the largest blood drive in Southern California

 

RESO: 07-158

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

12.

Receive and file Semi-Annual Fund/Agency Report for 1/1/07 - 6/30/07 - All Districts

 

13.

Receive and file Annual Report of Revolving Funds for FY 2006-07 - All Districts

 

14.

Receive and file Report of Refunds for FY 2006-07 - All Districts

 

15.

Receive and file Annual Report of Cash Difference Funds, Annual Report of Cash Losses Replenished by the Auditor-Controller and the Annual Report of Overage Fund for FY 2006-07 - All Districts

 

16.

Approve deletion of dismantled, missing, obsolete, stolen and surplused equipment items from department/agency capital asset inventories - All Districts

 

17.

Adopt resolution approving property tax rates and delinquency/roll change/refund allowances and reserve of disputed values for School and Special Districts Fiscal Year 2007-08 - All Districts

 

RESO: 07-159

 

18.

District Attorney - Approve amended lease DA 2004-3 with NNN VF 901 Civic, LLC for office space, 901 Civic Center Drive West, Santa Ana, extending term to 7/31/12; and make California Environmental Quality Act findings - All Districts

 

 

Sheriff-Coroner:

 

19.

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

 

20.

Approve agreement with County of San Bernardino for use of Sheriff's training facilities - All Districts

 

DANA POINT HARBOR DEPARTMENT

 

21.

Approve amended agreement D05-043 with Moffatt & Nichol for Dana Point Harbor Launch ramp renovation, 10/31/07; authorize Director or designee to execute amendment ($3,767.25); and make California Environmental Quality Act findings - District 5

 

HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

22.

Approve agreement with 2-1-1 Orange County to provide operating funds for 2-1-1 Information and Referral Call Center, 10/1/07 - 6/30/08 ($200,000); and authorize Director or designee to execute agreement - All Districts

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

23.

Accept work of Newman Midland Corp. for new modular at Harbor Patrol Office, Sunset Marina, project completed 7/13/07 ($453,888) - District 2

 

24.

Accept work of JCL Heating and Air Conditioning for Auditor-Controller heating, ventilation and air conditioning duct cleaning, project completed 7/18/07 ($82,657) - District 1

 

25.

Accept work of Harline Enterprises, Inc. for remodel of custody separation area, West Justice Center, project completed 7/20/07 ($136,518.73) - District 1

 

26.

Deny bid protest of California Building Evaluation and Construction, Inc.; receive bids and award contract to Contech Construction for additional walk-up service windows, West Justice Center ($450,000) - District 1 

 

27.

Approve lease agreement with Manh Family Trust for rental space, County Community Service Center at 15460 Magnolia Street, Westminster; and make California Environmental Quality Act findings - District 1

15234
  N N

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

28.

Approve agreement CMM2506 with Cal State University, Fullerton  Auxiliary Services Corporation for literacy instruction services pilot program, 9/12/07 - 3/31/08 ($130,000); and authorize Director or designee to extend term for six additional months without further Board action under certain conditions - All Districts

51234

APPROVED AS RECOMMENDED

 

29.

Approve agreement, short form notice and bill of sale with Tustin for construction and ongoing maintenance and operation of Tustin Family Campus; authorize Director or designee to prepare and execute related documents; and make California Environmental Quality Act findings - District 3

 

PUBLIC PROTECTION

 

30.

Probation - Approve price agreement N3000007101 with C.M. Tipton Polygraph & Associates for adult sex offender polygraph examination services, 10/1/07 - 9/30/08 ($150,000); and make California Environmental Quality Act findings - All Districts

 

GENERAL ADMINISTRATION

 

31.

Clerk of the Board - Approve 2008 Board of Supervisors Meeting Schedule - All Districts

 

CONTINUED TO 9/18/07, 9:30 A.M.

 

32.

Supervisor Campbell - Authorize waiver of fees for use of San Diego Creek bike trail for Woodbridge High School Cross Country events on 9/15/07 and 12/8/07

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 33-S57B)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

33.

Approve amended agreement with GKK Corporation for design of Central Jail Complex Consolidated Maintenance Project ($56,330; new total $653,477); and make California Environmental Quality Act findings - District 1

13254

APPROVED AS RECOMMENDED

 

34.

Approve price agreement F1000002989 with Applera Corporation (dba Applied Biosystems) for DNA typing kits, 9/11/07 - 9/10/08 ($145,000); renewable for four additional one-year periods, per Board policy - All Districts

51234

APPROVED AS RECOMMENDED

 

35.

Approve purchase order PC 15L P0800000754 with FEI-Zyfer, Inc. for time/frequency standards equipment for 800 MHz radio system ($1,193,740) - All Districts

31254

APPROVED AS RECOMMENDED

 

36.

Receive bids and award contract to Sanders Construction Services, Inc. for Loma Ridge Emergency Operations Center Audio/Visual Improvement Project ($1,349,000) - District 3

41235

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

37.

Consider determination of rates for basic life support ambulance rates and advanced life support paramedic assessment and transportation fee; rescinding Resolution 06-125, effective 7/1/07; and make California Environmental Quality Act findings - All District (Closed Public Hearing continued from 6/26/07, Item 113; 7/17/07, Item 37; 7/24/07, Item 32)

23154
  N 

APPROVED AS RECOMMENDED WITH THE SELECTION OF OPTION 3

 

38.

Approve master agreement with various providers of healthcare professional services, 9/29/07 - 9/28/08 ($8,331,533); and authorize Director or designee to execute individual agreements - All Districts

31254

APPROVED AS RECOMMENDED

 

INTEGRATED WASTE MANAGEMENT DEPARTMENT

 

39.

Authorize Request for Proposal for design, permitting, construction and operation of self-haul Material Recovery Facility, Prima Deshecha landfill - District 5 (Continued from 7/17/07, Item 40; 8/21/07, Item 33)

53124

CONTINUED TO 11/20/07, 9:30 A.M.

 

JOHN WAYNE AIRPORT

 

40.

Approve amendment 2 to price agreement N2000005180 with FMC Technologies, Inc. for baggage carousels and baggage conveyor systems maintenance services, 7/1/06 - 6/30/08 ($388,136; new total $3,898,772); and make California Environmental Quality Act findings - District 2

25134

APPROVED AS RECOMMENDED

 

41.

Approve price agreement N1000008909 with TruGreen LandCare for landscape maintenance services, 9/11/07 - 9/10/10 ($1,324,715.48); renewable for two additional years per Board policy; and make California Environmental Quality Act and other findings - District 2

23154

APPROVED AS RECOMMENDED

 

42.

Ratify submission of grant agreement to and acceptance of grant funds from Federal Aviation Administration for Federal Airport Improvement Program Grant #37 for funding design of Phase II Rehabilitate Perimeter Road project ($247,923) - District 2

23154

APPROVED AS RECOMMENDED

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

43.

Receive Building 16 Site Reuse Study from M. Arthur Gensler Jr. & Associates, Inc. (dba Gensler) and consider alternative scenarios for further analysis and implementation, Santa Ana Civic Center area - District 1 (Continued from 8/14/07, Item 35)

14235

DIRECTED RDMD TO PREPARE A CIVIC CENTER DEMAND STUDY AND AN ANALYSIS OF EXISTING LEASES INCLUDING WHEN THEY CAN BE VACATED.  DIRECTED THAT BUILDING 16 BE DEMOLISHED AND SELECTED ALTERNATIVE SCENARIOS 2, 3, 4 AND 5A FOR FURTHER STUDY AND DIRECTED STAFF TO PROVIDE THE BOARD WITH INFORMATION ON OCCUPANTS AND THEIR SPACE ALLOCATIONS, TIMEFRAMES, COST SAVINGS AND POTENTIAL RETAIL SPACE.  STAFF TO ANALYZE INCLUSION OF MULTI SERVICE CENTER FOR THE HOMELESS IN THE CIVIC CENTER.  FRUIT STREET IS TO BE STUDIED SEPARATELY.  DIRECTED RDMD/CORPORATE REAL ESTATE TO EXPLORE FUNDING AND FINANCE SOURCES WITH CEO/PUBLIC FINANCE.

 

44.

Select Alexander + Hibbs, AIA, Inc. as primary and Grillias-Pirc-Rosier-Alves and Phoenix Planning as alternate firms for study to renovate 401 South Tustin Avenue, Orange; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - District 3

B.O.

CONTINUED TO 9/18/07, 9:30 A.M.

 

45.

Approve Harbors, Beaches and Parks Strategic Plan; Orange County Parks ("OC Parks") as new name for Harbors, Beaches and Parks (HBP) and Evaluation Report of HBP Facilities Inventory Assessment - All Districts

B.O.

CONTINUED TO 10/2/07, 9:30 A.M.

 

46.

Approve Civic Center Parking/Maintenance/Security Fund Budget for 2007-08 ($9,446,200); and authorize Auditor-Controller to make related payments and advance funds for cash flow shortages - District 1

13254

APPROVED AS RECOMMENDED

 

 

Acting as the Board of Supervisors and Orange County Flood Control District:

 

47.

Select various architectural-engineering firms for on-call environmental services; authorize negotiation of agreements for Board approval; and make California Environmental Quality Act findings - All Districts

23154

APPROVED AS RECOMMENDED

 

48.

Approve agreement with Orange County Conservation Corps for resources to be utilized for various labor intensive maintenance projects throughout the County, 9/12/07 - 9/11/08 ($210,000); authorize Director or designee to renew agreement for two additional one year terms per Board policy; and make California Environmental Quality Act findings - All Districts

21354

APPROVED AS RECOMMENDED

 

49.

Select various architectural-engineering firms for on-call regulatory permitting services; authorize negotiation of agreements for Board approval; and make California Environmental Quality Act findings - All Districts

21354

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

50.

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

32154

APPROVED AS MODIFIED TO OPPOSE HR 2421

 

51.

Approve FY 2006-07 Fourth Quarter Budget Report; approve new appropriations within agencies and operating transfers - All Districts (4/5 vote)

31254

APPROVED AS RECOMMENDED

 

 

Human Resources Department:

 

52.

Approve and adopt wage increase and health plan design change for AFSCME, Eligibility Worker Unit - All Districts

23154

APPROVED AS RECOMMENDED

 

53.

Response to Board Directive 8/14/07; Receive and file presentation on Retiree Health Plans - All Districts

24135
  XX

RECEIVED & FILED

 

54.

Approve 2008 employee PPO Health plan rates - All Districts (Continued from 8/14/07, Item 48; 8/21/07, Item 50)

2   

MOTION TO APPROVE RATES BASED UPON A 2% TREND FACTOR FAILED TO RECEIVE A SECOND

 

31254
  NNN

MOTION TO APPROVE RATES BASED UPON A 4% TREND FACTOR FAILED TO CARRY

 

25134

APPROVED RATES BASED UPON A 2% TREND FACTOR

 

55.

Approve 2008 retiree PPO Health plan rates - All Districts (Continued from 8/14/07, Item 49; 8/21/07, Item 51)

2   

MOTION TO APPROVE RATES BASED UPON A 2% TREND FACTOR FAILED TO RECEIVE A SECOND

 

31254
  NNN

MOTION TO APPROVE RATES BASED UPON A 4% TREND FACTOR FAILED TO CARRY

 

25134

APPROVED RATES BASED UPON A 2% TREND FACTOR

 

56.

Response to Board Directive 8/14/07; approve staff recommendation for refund program for PPO reserve - All Districts

25134

APPROVE REBATE OPTION BASED ON AUDITOR-CONTROLLER CONDUCTING A FORENSIC AUDIT OF FUND 292 WITH INVITATION TO RETIREE REPRESENTATIVES TO PARTICIPATE IN AUDIT REVIEW AND FOR STRUCTURE OF REBATE OPTIONS TO INCLUDE CASH PAYMENT OR CREDIT TOWARDS HEALTH PLAN PREMIUMS.

 

57.

Supervisor Moorlach - Consider first reading and adoption of "An Urgency Ordinance of the County of Orange, California Repealing Section 1-2-320 of the Codified Ordinances of the County of Orange Delegating Investment Authority to the Treasurer-Tax Collector and delegating investment authority to the Chief Financial Officer"; and authorize fourteen positions to immediately report to the Chief Financial Officer (CFO); direct CFO to annually present Investment Policy Statement to the Board for approval; and disband the Treasury Oversight Committee and replace with Investment Oversight Committee; and direct CFO and County Counsel to take any other steps necessary to implement this action (4/5 vote)

2   

MOTION TO APPROVE AS RECOMMENDED FAILED TO RECEIVE A SECOND

 

51234

CONTINUED TO 10/16/07 9:30 A.M.

 

S57A.

Supervisor Campbell - Adopt resolution congratulating Rancho Santiago Community College District and Orange County Sheriff's Department on the opening of the Regional Training Academy

31254

APPROVED AS RECOMMENDED

 

RESO: 07-160

 

S57B.

Supervisor Nguyen - Adopt resolution proclaiming September 15, 2007 - October 15, 2007 as "Hispanic Heritage Month"

31254

APPROVED AS RECOMMENDED

 

RESO: 07-161

 

IV.  PUBLIC HEARINGS (Item 58)

 

HEALTH CARE AGENCY

 

58.

Public Hearing to consider adopting resolution to establish fees for Medical Marijuana Identification card, effective 10/1/07; and make California Environmental Quality Act findings - All Districts (Continued from 8/14/07, 52)

B.O.

CLOSED PUBLIC HEARING

 

42135
  N 

APPROVED AS RECOMMENDED

 

RESO: 07-162

 

V.   CLOSED SESSION (None)

 

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

 

PUBLIC COMMENTS:

Darrell A, Nolta - Oral Re:  (1) Power outages caused by SCE equipment failures; (2) death of Jung Kim and (3) 7/12 hit & run

 

George Garcia - Oral Re:  County budget & services

 

Cheryl ShippenLever, Theresa Le - Oral Re:  IHHS wage negotiations

 

David Cortez - Oral Re:  (1) Crime near El Modena Basin Park; (2) Waste Disposal Inc. and (3) Weekly street sweeping

 

Karen A. Finn - Oral Re: Thanked Supervisor Campbell, staff and Congressman Royce for their support

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

None

 

ADJOURNED:  5:16 P.M.

14235

Adjourned in memory of George Allen

 

34125

Adjourned in memory of Dr. John D. Cooper

 

34125

Adjourned in memory of Jung Kim

 

34125

Adjourned in memory of Paul Boland

 

34125

Adjourned in memory of Genevieve Louisa Glancy

 

24135

Adjourned in memory of Alice Jeanette Sinclair

 

 

***  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)

 

 

                                                                                                                                                           

CHRIS NORBY, CHAIRMAN

                                                                                    Orange County Board of Supervisors

 

 

 

 

                                                                       

   DARLENE J. BLOOM

Orange County Clerk of the Board