REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, October 27, 2009,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

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

Santa Ana, California              

 

PATRICIA BATES                         

CHAIR                                  

Fifth District     

 

JANET NGUYEN                           

VICE CHAIR                             

First District     

JOHN M. W. MOORLACH                    

SUPERVISOR                             

Second District    

 

 

BILL CAMPBELL                          

SUPERVISOR                             

Third District     

CHRIS NORBY                            

SUPERVISOR                             

Fourth 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 Campbell, Third District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Norby, Fourth District, led the assembly in singing of "God Bless America"

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Supervisor Campbell - Curt Pringle, Mayor of Anaheim, presented a report on "The Commission on the 21st Century Economy"

 

Chair Bates - Paul Macintosh, CSAC Director, presented 2009 Challenge and Merit Awards to County agencies

 

Chair Bates presented a resolution proclaiming October 2009 as "Cyber Security Awareness Month"

 

Chair Bates will present a resolution proclaiming October 2009 as "Lupus Awareness Month"
(Continued to 11/3/09, 9:30 a.m.)

 

II.   CONSENT CALENDAR (Items 1-13)

 

23145

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 12 WHICH WAS CONTINUED TO 11/10/09; AND ITEMS 3 & 10 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Nguyen - Acting as the In-Home Supportive Services Public Authority - In-Home Supportive Services Advisory Committee - Appoint Phan Vu, Westminster, for term ending 10/27/13

 

DEPARTMENT APPOINTMENTS

 

2.

OC Community Resources - Orange County Workforce Investment Board - Appoint Richard Sandzimier, Orange, to complete term ending 12/31/09; Kevin Landry, Anaheim and Ronnie Lam, Garden Grove, to complete terms ending 12/31/10; Julio Perez and Dean Mancina, Orange, to complete terms ending 12/31/11 - All Districts

 

ELECTED DEPARTMENT HEADS

 

3.

Sheriff-Coroner - Approve FY 2009-10 Financial and Operating Plan with United States Forest Service for patrol services, Cleveland National Forest - Districts 3 & 5

31245
   X

APPROVED AS RECOMMENDED

 

4.

Treasurer-Tax Collector - Approve purchase order 074-10011507 with Moody’s Investors Service for credit research services for US Investment Grade Research (Corporate), Asset Backed Commercial Paper (ABCP) Research/Query (Structured Finance), Banking Capital Markets (Top 200 Banks), 11/1/09 - 10/31/10 ($61,182) - All Districts

 

JOHN WAYNE AIRPORT

 

5.

Approve plans and specifications and set bid opening for 12/2/09, 2:00 p.m., for construction of Terminal Generators Replacement project; authorize Director or designee to extend bid opening if required up to 60 days; and make California Environmental Quality Act and other findings - District 2

 

OC COMMUNITY RESOURCES

 

6.

Approve agreement with Anaheim for adult literacy services, 11/1/09 - 10/31/09 ($10,000); renewable for three additional years; and authorize Director or designee to execute agreement - Districts 3 & 4

 

7.

Approve amendment 2 to agreement with Thirtieth Street Architects, Inc. for remodel and expansion of Laguna Niguel Branch Library ($96,466; new total $719,077) - District 5

 

8.

Acting as the Board of Supervisors and Orange County Housing Authority - Approve recommended projects for 2009 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

 

9.

Approve plans and specifications and set bid opening for 12/9/09, 2:00 p.m., for Newport Avenue Pavement Rehabilitation project; approve Federal Program Supplement Agreement No. N043 with State Department of Transportation; and make California Environmental Quality Act findings - District 3

 

10.

Receive and file second monthly status report on implementation of Performance Audit recommendations for Planning and Development Services - All Districts

 

RECEIVED AND FILED

 

GENERAL ADMINISTRATION

 

11.

Clerk of the Board - Approve 2010 Board of Supervisors Meeting Schedule - All Districts (Continued from 10/20/09, Item 24)

23145

APPROVED AS RECOMMENDED

 

23145

APPROVED MOTION TO RESCIND PREVIOUS CONSENT CALENDAR VOTE FOR THIS ITEM TO APPROVE AS RECOMMENDED

 

25134

CONTINUED TO 11/3/09, 9:30 A.M.

 

12.

County Counsel - Select Musick, Peeler & Garrett LLP and Sheppard, Mullin, Richter & Hampton LLP for special construction legal services; and authorize County Counsel to execute agreements - All Districts

23145

CONTINUED TO 11/10/09, 9:30 A.M.

 

13.

Internal Audit - Receive and file Internal Audit Department Monthly Status Report for September 2009 - All Districts

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 14-26)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

14.

Approve amendment 4 to price agreement N4000008290 with All City Management Services for crossing guard services, 11/1/09 - 10/31/10 ($510,000) - All Districts

21345

APPROVED AS RECOMMENDED

 

15.

Approve renewal of price agreement N3000008169 as MA-060-10011078 with Amtec Engineering Corporation for information technology professional services and printer repair services, 11/1/09 - 10/31/10 ($143,200) - All Districts

21345

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

16.

Approve agreements with Canyon Acres Children & Family Services ($2,732,280), Child Guidance Center, Inc. ($6,661,066), Community Service Programs, Inc. ($1,048,440), Kinship Center ($3,610,144), Providence Community Services ($8,764,178), South Coast Children's Society ($1,232,550) and Western Youth Services, Inc. ($14,652,219) for Mental Health Outpatient services for Children and Youth, 1/1/10 - 6/30/11 - All Districts

1   

MOTION TO APPROVE STAFF RECOMMENDED ACTIONS WITH THE INCLUSION OF OLIVE CREST TO PROVIDE SERVICES TO THE 69 CHILDREN THEY CURRENTLY SERVE FAILED TO RECEIVE A SECOND

 

34125

APPROVED AS RECOMMENDED

 

17.

Approve agreement with Cerner Corporation for Integrated Records Information System (IRIS) enhancement and upgrade services, 10/30/09 - 6/30/12 ($1,849,730); authorize Director or designee to execute agreement; and approve purchase order PO-042-10011158 with Cerner Corporation for Hewlett Packard Servers and Storage Equipment, 10/30/09 - 6/30/10 ($1,462,871) - All Districts

12345

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

18.

Select Bryan A. Stirrat & Associates and Geosyntec Consultants as primary firms for environmental engineering support services; and authorize negotiation of agreements for Board approval - All Districts

34125

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

19.

County Counsel - Acting as Orange County Flood Control District - Approve settlement agreement, acquisition contract, and release of claims with Prado View Investment Co., LP to purchase real property required for Prado Dam Project ($31,130,000); authorize acceptance of Grant Deed; and authorize OC Public Works Director or designee to execute three occupancy agreements, all escrow documents and minor modifications under certain conditions; authorize Auditor-Controller to issue checks upon request of OC Public Works; make related budget adjustments; and make California Environmental Quality Act and other findings - All Districts (4/5 vote)

35124

APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

20.

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

 

NO ACTION TAKEN

 

21.

Acting as the Board of Supervisors and Orange County Flood Control District - Adopt resolutions approving form and authorizing the execution and delivery of Purchase and Sale Agreements and related documents with respect to Sale of Sellers' Proposition 1A Receivables from the State; and directing and authorizing certain other actions in connection therewith - All Districts

31245

APPROVED AS RECOMMENDED

 

RESO: 09-167 - 09-173

 

22.

Approve amendment 5 to price agreement N1000006818 with Bartel Associates, LLC for actuarial services, extending term to 12/31/10 ($178,000; new total $536,000) - All Districts

32145

APPROVED AS RECOMMENDED

 

23.

Approve recommended grant application submitted by OC Community Resources in 10/27/09 grant report and other actions as recommended - All Districts

31245
    N

APPROVED AS RECOMMENDED

 

24.

Report on County financial and budget status - All Districts

 

PRESENTED

 

25.

Supervisor Moorlach - Consider first reading of "An Ordinance Amending the Codified Ordinances of the County of Orange to Include Provisions Prohibiting the Requirement of Project Labor Agreements and Other Anticompetitive Measures Except Where Otherwise Required by State and Federal Law"; and set second reading and adoption for 11/3/09, 9:30 a.m.

23145

APPROVED AS RECOMMENDED

 

26.

Office of the Performance Audit Director - Response to 10/28/08 Board Directive regarding Sheriff OverTime Audit - All Districts

B.O.

DELETED

 

IV.  PUBLIC HEARINGS (Item 27)

 

OC COMMUNITY RESOURCES

 

27.

Public Hearing to consider adopting Funding Allocation Policy and Process for distributing Federal Housing and Community Development funds, FY 2010-11 - All Districts

B.O.

CLOSED PUBLIC HEARING

 

13245

APPROVED AS RECOMMENDED

 

V.   CLOSED SESSION (Items CS-1-CS-3)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  Orange County Fairgrounds, Costa Mesa, CA
County Negotiator:  Thomas G. Mauk
Negotiating Party:    State of California
Under Negotiation:  Terms of State RFP and Value of Property

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED COUNTY STAFF TO EXPLORE THE ACQUISITION OF THE FAIRGROUNDS TO RETAIN THE USE OF THE PROPERTY AS A FAIR.  THE BOARD APPOINTED SUPERVISORS MOORLACH AND CAMPBELL TO BE AN AD-HOC COMMITTEE TO WORK WITH COUNTY STAFF IN THIS EFFORT.  STAFF IS DIRECTED TO RETURN TO THE BOARD WITH ITS RECOMMENDATIONS NO LATER THAN EARLY DECEMBER.

 

 

Human Resources Department:

 

CS-2.

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

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957:
Title:  Performance Auditor

B.O.

CONTINUED TO 11/10/09, 9:30 A.M.

 

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

 

PUBLIC COMMENTS:

Jack Anderson - Oral Re:  Establishing new department separate from Sheriff to operate jail system

 

William Fitzgerald - Oral Re:  Assessment appeal

 

Darrell Nolta - Oral Re:  H1N1 flu vaccination and Prop. 1A securitization

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisors Campbell, Nguyen - Oral Re:  H1N1 flu vaccination availability

 

Supervisor Moorlach - Oral Re:  Congratulations to Angels baseball team for their winning season

 

Supervisor Nguyen - Oral Re:  Excellent marks FEMA gave Orange County for recent SONGS disaster exercise

 

ADJOURNED:  4:05 P.M.

12345
   XX

Adjourned in memory of Ernest Weiss

 

21345
   XX

Adjourned in memory of Joel Pasco

 

12345
   XX

Supervisor Nguyen adjourned on behalf of Chair Bates in memory of Charles Francis Kenney

 

 

***  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)

 

 

                                                                                                                                                           

 Chair, Orange County Board of Supervisors

                                                                                   

 

 

 

 

                                                                       

   Orange County Clerk of the Board