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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 |
JOHN M. W.
MOORLACH
CHAIR
Second District
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PATRICIA BATES VICE CHAIR Fifth District
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JANET NGUYEN SUPERVISOR First District
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BILL CAMPBELL SUPERVISOR Third District
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CHRIS NORBY SUPERVISOR Fourth 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 Bates,
Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE:
Supervisor Campbell, Third District, led the assembly in the Pledge of
Allegiance
I.
PRESENTATIONS/INTRODUCTIONS
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Chair Moorlach presented a resolution commending Designated Psychiatric Facilities for their dedication to meeting needs of those with serious mental disorders |
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Chair Moorlach presented a resolution proclaiming October 5-11, 2008 as "National Long-Term Care Residents' Rights Week" |
II.
CONSENT CALENDAR (Items 1-27)
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35142 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 1 WHICH WAS CONTINUED TO 10/21/08, 9:30 A.M.; ITEMS 2 & 14 WHICH WERE DELETED; AND ITEMS 7, 11, 13, 15, 19, 22, 23, 26 & 27 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Chair Moorlach - Board of Retirement, OCERS - Appoint Thomas E. Flanigan, Newport Beach, to complete term ending 12/31/10 |
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35142 |
CONTINUED TO 10/21/08, 9:30 A.M. |
DEPARTMENT
APPOINTMENTS
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2. |
Health Care Agency - CalOptima Board of Directors - Appoint Edward Kacic; Mary Ann Foo; and Gustavo Valdespino, Irvine, for terms ending 9/30/12 - All Districts (Continued from 9/23/08, Item 3) |
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35142 |
DELETED |
COMMENDATIONS/PROCLAMATIONS/REPORTS
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3. |
Supervisor Norby - Adopt resolution congratulating Steven G. Mihaylo College of Business on dedication of new Steven G. Mihaylo Hall, Cal State Fullerton |
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RESO: 08-135 |
ELECTED DEPARTMENT
HEADS
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District Attorney: |
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4. |
Authorize negotiation of price agreement with Southern California Private Investigators, Inc. for document analysis services; and return to the Board for approval - All Districts |
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5. |
Adopt resolution accepting grant funds from State Department of Insurance for State Healthcare and Disability Insurance Fraud Program, 7/1/08 - 6/30/09 ($521,500); and authorize District Attorney or designee to execute agreement and amendments - All Districts |
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RESO:
08-136 |
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6. |
Adopt resolution accepting grant funds from State Office of Emergency Services for Vertical Prosecution Block Grant Program, 7/1/08 - 6/30/09 ($718,541); and authorize District Attorney or designee to execute agreement and amendments - All Districts |
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RESO:
08-137 |
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7. |
Select Bode Technology Group as primary and Orchid Cellmark as secondary for DNA processing services; and authorize negotiation of agreement for Board approval - All Districts |
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13452 |
APPROVED AS RECOMMENDED |
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Sheriff-Coroner: |
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8. |
Authorize Emergency Manager or designee to execute related documents for administration of Nuclear Power Preparedness Program funds - All Districts |
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9. |
Approve agreement to transfer property or funds to Capistrano Unified School District for Nuclear Preparedness Program; authorize Sheriff-Coroner or her designee to execute agreement; and authorize Auditor-Controller to transfer equipment under certain conditions - All Districts |
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10. |
Receive bids and award contract to Horizons Construction Company International, Inc. for replacement of HVAC units at Theo Lacy Jail Barracks G & H ($424,740) - District 3 |
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11. |
Approve agreement with Orange County Employee Retirement System for supplemental law enforcement services for meetings, 10/8/08 - 6/30/09 ($2,200); and authorize Sheriff-Coroner or designee to execute future agreements under certain conditions - All Districts |
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43152 |
CONTINUED TO 10/21/08, 9:30 A.M. |
CHILD SUPPORT
SERVICES
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12. |
Approve agreement with Crime Survivors, Inc. for exhibit space and participation at the Annual 5K Run/Walk - Health & Safety Expo, 10/11/08; and authorize Director or designee to execute agreement - District 2 |
HEALTH CARE AGENCY
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13. |
Approve agreement with North Orange County Community College District for High-Risk Drinking Prevention Services - Community College Settings, 10/15/08 - 6/30/09 ($72,500) - All Districts |
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15342 |
APPROVED AS RECOMMENDED |
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14. |
Approve agreement with Phoenix House Orange County, Inc. for Tobacco Cessation services, 10/15/08 - 6/30/09 ($162,750) - All Districts |
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35142 |
DELETED |
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15. |
Approve agreement 08-85535 with State Department of Public Health for Beach Environmental Assessment and Coastal Health Act Grant, 10/1/08 - 9/30/09 ($25,000); and authorize Director or designee to execute Contractors Release form upon submission of final invoice - All Districts |
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52134 |
APPROVED AS RECOMMENDED |
OC COMMUNITY
RESOURCES
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16. |
Approve amendment 1 to agreement with Thirtieth Street Architects, Inc. for additional testing and inspection services for construction of Katie Wheeler branch library, Irvine ($43,197; new total $500,477.09) - District 3 |
OC PUBLIC WORKS
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17. |
Adopt resolution approving agreement 07-147 with State Coastal Conservancy for cost associated with preparation of Engineering Report and Alignment Study of Santa Ana River Trail and Bikeway; authorize Director or designee to execute agreement and subsequent amendments under certain conditions; and make California Environmental Quality Act findings - District 3 |
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RESO: 08-138 |
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18. |
Adopt resolution vacating obsolete easements for emergency and public service vehicle ingress and egress purposes; approve easement deed from The Irvine Land Company, LLC for relocated easements, Newport Beach; and make California Environmental Quality Act findings - District 5 |
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RESO: 08-139 |
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19. |
Acting as the Orange County Flood Control District - Approve agreement with JD Property Management, Inc. for property management services in Prado Dam basin area ($125,000); direct Auditor-Controller to issue an initial expense account check to JD Property Management, Inc. for related expenses ($75,000) and authorize subsequent checks upon Director approval (not to exceed $150,000); and make California Environmental Quality Act findings - All District |
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43132 |
APPROVED AS RECOMMENDED |
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20. |
Acting as the Board of Supervisors and Orange County Flood Control District - Approve plans and specifications and set bid opening for 11/19/08, 2:00 p.m., for Katella Yard relocation to Collins Avenue, Orange; and make California Environmental Quality Act findings - District 3 |
PUBLIC PROTECTION
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21. |
Probation - Receive and file FY 2007-08 Juvenile Justice Crime Prevention Act Progress report - All Districts |
GENERAL
ADMINISTRATION
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County Executive Office: |
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22. |
Approve funding for 2009 Orange County Community Indicators Report - All Districts |
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43152 |
APPROVED AS RECOMMENDED |
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23. |
Approve price agreement N1000010343 with Performance Management Partners for professional services to identify organizational and/or performance improvements in various department or agencies ($100,000) - All Districts |
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53142 |
APPROVED AS RECOMMENDED |
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24. |
Human Resources Department - Approve price agreement N1000010242 with Mercer Investment Consulting, Inc. to provide investment consultant services for County's Defined Contribution Programs and Extra Help Employees Defined Benefit Plan, effective 11/19/08 - 11/18/11; renewable for two additional one year periods, per Board policy - All Districts |
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Registrar of Voters: |
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25. |
Authorize Registrar of Voters or designee to execute hold harmless and indemnity agreements with various sponsors for use of facilities for election related activities through 12/31/11 - All Districts |
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26. |
Receive and file certification of election results of August 26, 2008 Special Bond Election, Irvine Ranch Water District - District 3 |
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53142 |
APPROVED AS RECOMMENDED |
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27. |
Chair Moorlach - Approve Senior Citizens Advisory Council amended Bylaws |
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21345 |
APPROVED AS RECOMMENDED |
END OF CONSENT CALENDAR
III.
DISCUSSION ITEMS (Items 28-S43A)
ELECTED DEPARTMENT
HEADS
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Sheriff-Coroner: |
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28. |
Oral Report and presentation on 120-day assessment of the Sheriff's Department entitled "State of the Department" - All Districts |
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RECEIVED |
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29. |
Approve amendment 2 to price agreement N2000008413 with Pepperdine University for provision of youth diversion counseling services, term ending 6/30/09 ($175,360; new total $575,360); renewable for three additional years upon Board approval ($375,000 per year) - All Districts |
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53142 |
APPROVED AS RECOMMENDED |
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30. |
Approve amendment 1 to price agreement N1000010062 with L-3 Communications Mobile-Vision, Inc. for purchase, installation and maintenance of new digital in-car video systems for 235 law enforcement vehicles, 6/24/08 - 6/23/11 ($149,780; new total $2,212,777) - All Districts |
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32145 |
APPROVED AS RECOMMENDED |
HEALTH CARE AGENCY
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31. |
Approve renewal of subordinate price agreement N1000009183 with Cellco Partnership, dba Verizon Wireless Services, LLC for wireless services and equipment, 11/1/08 - 9/30/09 ($367,000); renewable for one additional year ($400,000), per Board policy - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
AND COUNTY EXECUTIVE OFFICE
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32. |
Approve Request for Proposals for underwriter services; authorize County Executive Office, Public Finance to send request for proposals package to Goldman Sachs & Co. and De La Rosa & Company and underwriting firms approved for airport bond financing transactions by Public Financing Advisory Committee and Board of Supervisors on 12/12/06; 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 (Continued from 9/23/08, Item 25) |
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23145 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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33. |
Probation - Approve lease agreement with 1001 S. Grand Ave., LLC for Probation Department's continued occupancy, 5 year term; and make California Environmental Quality Act findings - District 1 |
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13452 |
APPROVED AS RECOMMENDED |
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Office of Independent Review: |
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34. |
Oral Report and presentation on budget projection and staffing needs for the newly formed Office of Independent Review entitled "Operations Plan" - All Districts |
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B.O. |
DELETED |
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35. |
Approve Office of Independent Review Operational Plan; approve addition of one Executive Secretary I position and amend master position control - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES
AGENCY
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36. |
Approve acceptance of grant from Office of Emergency Services for comprehensive treatment services for child victims of abuse and neglect, 10/1/08 - 9/30/11 ($600,000); approve agreement FNH1208 with Child Guidance Center, Inc., Community Services Programs, Inc, and Olive Crest Treatment Centers, Inc. for Child Abuse Treatment Program, 10/8/08 - 9/30/11 ($937,500); and authorize Director or designee to execute related documents and amendments under certain conditions - All Districts |
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53142 |
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County Executive Office: |
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37. |
Approve recommended positions on introduced or amended legislation and consider other legislative subject matters; and oral report by James F. McConnell, Washington, D.C. Legislative Advocate - All Districts |
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DISCUSSED |
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38. |
Board Directive Response 8/5/08 - Request Board of Supervisors select a preferred notification letter to be sent to OC Cities regarding redevelopment amendment proposals - All Districts (Continued from 9/23/08, Item 35)DELETED |
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B.O. |
DELETED |
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39. |
Exercise option to extend current agreement and approve amendment 3 to agreement with James F. McConnell, Jr. for Washington, D.C. federal advocacy services, 1/1/09 - 12/31/10 ($252,150 per year); renewable for one additional two-year term with Board approval; and authorize payment of $40,000 annually for specialized subcontract work - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
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40. |
Approve allocation and expenditure of Second District Fund 130 funds for Seal Beach Historical and Cultural Society ($2,000); authorize Clerk of the Board to execute agreement; and make related findings - District 2 |
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23145 |
APPROVED AS RECOMMENDED |
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41. |
Adopt resolution authorizing reimbursement of expenditures in connection with upgrade of Assessor Assessment Tax System (ATS) and Auditor-Controller, Clerk of the Board and Treasurer-Tax Collector Property Tax Management System (PTMS) and for costs incurred for completion of an Independent Verification and Validation process - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
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RESO:
08-140 |
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42. |
Approve addition of non-profit domestic violence, shelter programs to current eligible list of approved uses of Fund 130 monies by the Board of Supervisors; approve allocation and expenditure of Fourth District Fund 130 funds of $90,000 toward operational costs for Women’s Transitional Living Center, Inc.; authorize Clerk of the Board to execute agreement; and make related findings - District 4 |
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41352 |
MOTION TO APPROVE RECOMMENDATIONS FAILED TO CARRY |
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43. |
Registrar of Voters - Consider first reading of "An Ordinance of the County of Orange, California, Establishing Electronic Campaign Disclosure and Adding Article II of Division 6 of Title 1, Section 1-6-32 to the Codified Ordinances of Orange County"; and set second reading and adoption for 10/21/08, 9:30 a.m. - All Districts |
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32145 |
APPROVED AS RECOMMENDED |
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S43A. |
County Executive Office - Approve Barclays Capital Inc. as Dealer Bank for Teeter Plan Commercial Paper Program; replace Lehman Brothers Inc. with Barclay's Capital Inc. on the approved qualified panel of underwriters - All Districts |
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25134 |
PURSUANT TO GC SEC 54954.2(b)(2), THE BOARD DECLARED THE NEED TO TAKE ADDITIONAL ACTION ON THIS ITEM THAT WAS NOT LISTED ON THE POSTED AGENDA; SUCH INFORMATION AROSE AFTER THE REQUIRED 72-HOUR POSTING |
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23145 |
APPROVED AND AUTHORIZED THE CEO TO WORK WITH ANY OF THE QUALIFIED PANEL OF UNDERWRITERS NAMED ON THE OCTOBER 1, 2008 LIST INCLUDING THE ADDITION OF BARCLAYS CAPITAL INC. |
IV.
PUBLIC HEARINGS (Items 44-45)
ELECTED DEPARTMENT
HEADS
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44. |
Sheriff-Coroner - Public Hearing to consider approval of use of 2008-09 State Citizens' Options for Public Safety (COPS) Program Supplemental Law Enforcement Services Funds - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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35142 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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45. |
Public Hearing to consider adopting "An Ordinance of the County of Orange, California Amending Section 7-9-40, 7-9-141 and 7-9-142 of the Codified Ordinances of the County of Orange Regarding Senior Living Facilities"; and adopt Negative Declaration IP08-173 - All Districts (Continued form 9/9/08, Item 53; 9/23/08, Item 36) |
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B.O. |
CONTINUED TO 10/28/08, 9:30 A.M. |
V.
CLOSED SESSION (Items CS-1-CS-2)
GENERAL
ADMINISTRATION
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CS-1. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(a): |
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B.O. |
CONTINUED TO 10/28/08, 9:30 A.M. |
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CS-2. |
Human Resources Department - PUBLIC EMPLOYEE
PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957: |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI.
PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Darrell Nolta - Oral Re: Board action on item 42 and the economy |
COUNTY EXECUTIVE
OFFICER COMMENTS:
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None |
BOARD COMMENTS AND
TRAVEL REPORTS:
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Supervisor Norby - Oral Re: AB1234 Report: Advised the Board of his attendance at a conference where he was a speaker on redevelopment reform |
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Chair Moorlach - Oral Re: Congratulated Clerk of the Board, Darlene Bloom for her efforts in getting AB 2607 signed by the Governor allowing OC to participate in a pilot project to accept Conflict of Interest Form 700 financial statements electronically |
ADJOURNED: 4:06 P.M.
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32145 |
Adjourned in memory of Louis Brutocao |
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25134 |
Adjourned in memory of Ella Mae Lindvall |
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52134 |
Adjourned in memory of Maureen E. Smith |
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42135 |
Adjourned in memory of Cornell Norby |
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12345 |
Adjourned in memory of Bryan Zeck |
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52134 |
Adjourned in memory of Archie "Gil" Jackson |
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25134 |
Adjourned in memory of Steve Gossett |
*** 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 Campbell |
N. = No |
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4. = Supervisor Norby |
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 |