REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA††††††††††††††


Tuesday, October 18, 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 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 1-13)

 

14253

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 6 WHICH WAS CONTINUED TO 10/25/11, 9:30 A.M.; AND ITEMS 5, 11 & 12 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

1.

Receive and file annual Inmate Welfare Fund Expenditure and Funding Reports for FY 10-11 - All Districts

 

2.

Approve amendment 6 to agreement N3000008663 with Matrix Imaging Products, Inc. for maintenance of Kodak scanners, term ending 3/26/12 ($2,624; new total $84,510); and authorize Purchasing Agent or deputy to execute agreement - All Districts

 

3.

Approve amendment 1 to agreement with J.C. Chang & Associates for ICE Modular Buildings project, James A. Musick Facility ($62,375; new total $184,560) ; and make California Environmental Quality Act findings - District 3

 

4.

Approve amendment 2 to agreement MA-060-11012256 with Stadium Automotive assigning to Stadium Mercedes Tech, Inc. for vehicle repair and maintenance, term ending 2/17/12; authorize Purchasing Agent or deputy to execute agreement - All Districts

 

OC COMMUNITY RESOURCES

 

5.

Approve subcontract agreement with South Bay Workforce Investment Board for training and reemployment assistance to dislocated workers, 3/18/11 - 3/17/13; authorize Director or designee to execute agreement and accept funds ($277,704.69) from California Multi-Sector Workforce Partnership National Emergency Grant; and authorize Director or designee to exercise cost contingency increase or decrease under certain conditions and amend service levels if funding changes - All Districts

24153

APPROVED AS RECOMMENDED

 

6.

Approve creation of Orange County Parks Foundation as a nonprofit Public Benefit Corporation; approve appointments to County Board of Directors seat and direct Clerk of the Board to add to the Chairman's annual appointments, Articles of Incorporation, Bylaws and Cooperative agreement between the Corporation and the County; authorize Director or designee to execute Articles of Incorporation and agreement and take related actions to create foundation; and make California Environmental Quality Act and other findings - All Districts (Continued from 10/4/11, Item 11)

14253

CONTINUED TO 10/25/11, 9:30 A.M.

 

7.

Acting as the Board of Supervisors and Orange County Housing Authority - Approve recommended projects for 2011 Continuum of Care Associated Application for Homeless Assistance and submission to U.S. Department of Housing and Urban Development; authorize Director or designee to modify funding requests, terms and services under certain conditions and execute related documents; and authorize acceptance of funds for shelter plus activities - All Districts

 

OC PUBLIC WORKS

 

8.

Approve agreement D11-034 with Huitt-Zollars, Inc. for land surveying services supporting Antonio Parkway Widening project, three-year term ($711,920); and make related findings - District 5

 

9.

Approve Amendment 1 to Lease with SIC/LEED 1015 Santa Ana, LLC for repair and maintenance obligations for child support services office space, 1015/1055 N. Main Street, Santa Ana; and make California Environmental Quality Act findings - District 1

 

10.

Approve joint funding agreement 12WSCA02340 with the United States Geological Survey for operation and maintenance of four stream gauges, 11/1/11 - 10/31/16 ($499,600); and make California Environmental Quality Act findings - Districts 2, 3 and 4

 

11.

Acting as the Board of Supervisors and Orange County Flood Control District - Adopt resolution certifying Final EIR 609 under the California Environmental Quality Act, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for the Haster Basin and Recreational Field project; and return to Board for approval of final plans and specifications and authorization to advertise for bids - District 1

12453
NX

APPROVED AS RECOMMENDED

 

RESO: 11-162

 

OC WASTE & RECYCLING

 

12.

Approve plans and specifications and set bid opening for 12/14/11, 2:00 p.m., for replacement of Reclaimed Water Tank project, Frank R. Bowerman Landfill; and make California Environmental Quality Act findings - District 3

35124

APPROVED AS RECOMMENDED

 

13.

Approve plans and specifications and set bid opening for 12/14/11, 2:00 p.m., for Asphalt Overlay Resurfacing of Bee Canyon Access Road project, Frank R. Bowerman Landfill; and make California Environmental Quality Act findings - District 3

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 14-S30A)

 

ELECTED DEPARTMENT HEADS

 

14.

Clerk-Recorder - Approve agreement with SouthTech Systems, Inc. for maintenance of multiple software programs, 10/19/11 - 10/19/12 ($107,400); renewable for three additional years; and authorize Purchasing Agent or deputy to execute agreement - All Districts

12453

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

15.

Approve amendment 5 to agreement N1000009185 with Rancho Santiago Community College District for registration and tuition fees for Criminal Justice Academy classes, term ending 9/17/12 ($55,000; new total $150,000); and authorize Purchasing Agent or deputy to execute - All Districts (Continued from 9/20/11, Item 35; 10/4/11, Item 19)

B.O.

CONTINUED TO 10/25/11, 9:30 A.M.

 

16.

Approve amendment 2 to the five-year agreement with the City of San Juan Capistrano for law enforcement services, effective 11/4/11 - 6/30/12 (new total $7,158,471) - District 5

51243
N

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

17.

Response to 10/4/11 Board Directive regarding Presentation on CalOptima Board - All Districts

B.O.

CONTINUED TO 10/25/11, 9:30 A.M.

 

OC COMMUNITY RESOURCES

 

18.

Approve plans and specifications and set bid opening for 11/30/11, 2:00 p.m., for job order contracts P005 thru P009 for support in expediting completion of OC Parks repair and rehabilitation projects and improving customer service; and make California Environmental Quality Act findings - All Districts

51243

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

19.

Approve FY 2011-12 OC Civic Center Parking/Maintenance Fund 828 Budget ($6,546,070); authorize Auditor-Controller to make related payments and advance funds from Parking Facilities Fund 137 not to exceed $599,035; and make California Environmental Quality Act findings - District 1 (Continued from 9/13/11, Item 35; 10/4/11, Item 25)

13245

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

 

Probation:

 

20.

Approve agreement MA-057-12010542 with Orange County Transportation Authority for purchase of bus passes, 11/1/11 - 10/31/16 ($1,000,000); and authorize Purchasing Agent or deputy to execute agreement - All Districts

15243

APPROVED AS RECOMMENDED

 

21.

Adopt resolution approving Orange County Public Safety Realignment and Postrelease Community Supervision 2011 Implementation Plan developed by the Orange County Community Corrections Partnership (OCCCP); and authorizing the Chief Probation Officer to administer program using home detention with electronic or GPS monitoring - All Districts (Accepted Unless Rejected by 4/5 vote)

25143

APPROVED AS RECOMMENDED

 

RESO: 11-163

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

22.

Consider directing staff to develop legislative proposals to implement options for New Elected Members of the Board of Supervisors Retirement Plan - All Districts (Continued from 6/21/11, Item 55; 7/19/11, Item 24; 8/23/11, Item 49; 9/13/11, Item 37)

45123

APPROVED STAFF RECOMMENDATIONS AS AMENDED TO REMOVE "WHO ARE NOT A MEMBER OF THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM (OCERS)" FROM PART A AND REPLACE CONTRIBUTION PERCENTAGES WITH "THE REQUIRED SOCIAL SECURITY TAX" FOR PART A AND "OF THE AMOUNT ALLOWED UNDER IRS RULES" FOR PART B AND DIRECTED STAFF TO CONCURRENTLY DEVELOP LANGUAGE TO AMEND ORANGE COUNTY'S CHARTER TO MANDATE THAT FUTURE ELECTED BOARD OF SUPERVISORS MUST ELECT THE 1.62% @ 65 RETIREMENT PLAN OPTION.

 

23.

Adopt resolution approving property tax allocation with City of Los Alamitos for annexation of territory along Coyote Creek Channel - District 2

24153

APPROVED AS RECOMMENDED

 

RESO: 11-164

 

24.

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

24153

RECEIVED AND FILED

 

25.

Approve recommended grant applications submitted by Sheriff-Coroner and Health Care Agency in 10/18/11 grant report and other actions as recommended; adopt resolution authorizing Sheriff-Coroner or designee to execute and submit to State Emergency Management Agency the FY 2011 Emergency Management Performance Grant Application for Assistance ($687,703) and Grant Assurances - All Districts

12453

APPROVED AS RECOMMENDED

 

RESO: 11-165

 

26.

Receive and file Implementation Status Report on Chairmanís 2011 Goals - All Districts

24153

RECEIVED AND FILED

 

27.

Human Resources Department - Approve amendment 1 to agreement N1000010259 with The Hartford Life and Accident Insurance Company for accidental death and dismemberment insurance, 1/1/12 - 12/31/12 ($163,200) - All Districts

42153

APPROVED AS RECOMMENDED

 

28.

Registrar of Voters - Response to 6/14/11 Board Directive regarding presentation on the impacts of redistricting - All Districts (Continued from 9/20/11, Item 51)

B.O.

CONTINUED TO 12/6/11, 9:30 A.M.

 

 

Chairman Campbell:

 

29.

Consider second reading and adoption of "An Ordinance of the County of Orange, California, Amending Section 1-2-335 of the Codified Ordinances of the County of Orange Pertaining to Article 25 Children and Families Commission of Orange County" (Continued from 10/4/11, Item 38)

32145

APPROVED AS RECOMMENDED

 

ORD: 11-018

 

30.

Provide direction to staff on Board Agenda structure - All Districts

 

DIRECTION GIVEN FOR CLERK OF THE BOARD TO RETURN TO THE BOARD WITH AN AMENDMENT TO THE BOARD RULES PLACING PUBLIC HEARINGS AT THE FRONT OF THE DISCUSSION CALENDAR AND GIVING THE CHAIRMAN THE AUTHORITY TO ESTABLISH AS TIME CERTAIN WHEN HIGH PUBLIC INTEREST IS EXPECTED.

 

S30A.

Discussion regarding Board Member authorship of Agenda Staff Reports relating to policies and procedures

 

DISCUSSED AND DIRECTED COUNTY COUNSEL TO RETURN TO THE BOARD ON 10/25/11 WITH A PROPOSED POLICY

 

IV.PUBLIC HEARINGS (None)

 

V.†† CLOSED SESSION (Items CS-1-CS-2)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

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

B.O.

HELD, THE CLERK READ:THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED COUNTY COUNSEL TO RETAIN REMCHO, JOHANSEN & PURCELL TO FILE LITIGATION.THE IDENTITY OF THE PARTIES AND OTHER PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY ONCE THE ACTION IS FILED.

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:The Beach Quality Caregivers v. County of Orange, Orange County Superior Court Case No. 30-2011-00456983

B.O.

HELD, THE CLERK READ:THE BOARD BY A VOTE OF 3 TO 2, SUPERVISORS CAMPBELL, NGUYEN AND BATES VOTING IN FAVOR, SUPERVISORS MOORLACH AND NELSON VOTING AGAINST, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF THE BEACH QUALITY CAREGIVERS V. COUNTY OF ORANGE.THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS.AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

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

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re: Public Guardian

 

Debbie Schmidt - Oral Re: O.C. Sanitation District claim

 

Additional Public Comments/ Documents Received

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisor Moorlach - Oral Re: CSAC Achievement Awards

 

ADJOURNED:1:55 P.M.

13245

Adjourned in memory of Steve Jobs

 

13245

Adjourned in memory of Roger Williams

 

32145

Adjourned in memory of George Heidler

 

23145

Adjourned in memory of 8 Victims of Salon Meritage Shooting in Seal Beach

 

 

***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