REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, November 3, 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

 

Rob Richardson

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Darlene J. Bloom

 

INVOCATION:  Supervisor Norby, Fourth District, gave the invocation

 

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

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chair Bates - Donna Boston, County Emergency Manager presented FEMA outcome of SONGS exercise

 

Chair Bates presented a resolution proclaiming November 2009 as "Grand Jury Awareness Month"

 

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

 

II.   CONSENT CALENDAR (Items 1-10)

 

31245

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 3 WHICH WAS CONTINUED TO 11/10/09, 9:30 A.M.; ITEM 6 WHICH RECEIVED AN ABSTENTION VOTE FROM CHAIR BATES; AND ITEMS 5 & 10 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Bates - Coastal Greenbelt Authority - Appoint Herbert Schwartz, Laguna Woods, for term concurrent with 5th District Supervisor's term of office

 

2.

Chair Bates - Animal Care Community Outreach Committee - Reappoint April Josephson, Rancho Santa Margarita, for term ending 4/11/11

 

DEPARTMENT APPOINTMENTS

 

3.

Health Care Agency - Emergency Medical Care Committee - Appoint Juliann Wanstreet, RN, Laguna Hills and reappoint Christopher Kahn, MD, Irvine, to complete terms ending 6/30/11 - All Districts

31245

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

 

ELECTED DEPARTMENT HEADS

 

4.

Sheriff-Coroner - Approve revised Federal Equitable Sharing agreement and FY 2008-09 Certification Report for Orange County Regional Narcotics Suppression Program participation in Federal Equitable Sharing Program - All Districts 

 

OC COMMUNITY RESOURCES

 

5.

Adopt resolution approving amendment 1 to standard agreements AP-0910-22 (reduction of $118,960; new total $9,319,749) and TV-0910-22 ($87,449; new total $906,301) 7/1/09 - 6/30/10 and standard agreement MI-0910-22 ($68,091) and Contractor/Vendor Confidentiality Statement 8/1/09 - 5/31/11 with State Department of Aging for senior services; approve termination of agreements with Alzheimer's Family Center and Lutheran Social Services and approve amendment 1 to agreement with Council on Aging for Linkages/Respite program (reduction of $245,764); amendment 1 to agreement with Council on Aging for Ombudsman program services ($149,441; new total $411,667); approve agreement MI-0910-22 with Council on Aging for Medicare Improvements for Patients and Providers Act services ($62,645) 11/3/09 - 5/31/11; authorize Director or designee to execute amendments and agreements and other related documents, subsequent amendments under certain conditions and to exercise contingency contract increases or decreases not to exceed 10% - All Districts

21345

APPROVED AS RECOMMENDED

 

RESO: 09-174

 

OC PUBLIC WORKS

 

6.

Select RBF Consulting as primary and URS Corporation and Moffatt and Nichol as alternate firms to prepare Engineer's Report and Alignment Study for Santa Ana River Regional Class 1 Bikeway and Regional Riding and Hiking Trail; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - District 3

31245
    A

APPROVED AS RECOMMENDED

 

7.

Acting as the Orange County Flood Control District - Approve amendment 1 to agreement D07-167 with SSC Construction, Inc. for substitution of Escrow Agent; and authorize Auditor-Controller to make related payments - District 2

 

8.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement D09-089 with AECOM for on-call regulatory permitting services, three-year term ($400,000); and make California Environmental Quality Act findings - All Districts

 

SOCIAL SERVICES AGENCY

 

9.

Approve master agreement MA 063 10010561 with The Rushmore Group, LLC for software license renewal for Case Review System, 12/1/09 - 11/30/14 ($94,500); and authorize purchasing agent or designee to execute agreement - All Districts

 

GENERAL ADMINISTRATION

 

10.

Clerk of the Board - Approve 2010 Board of Supervisors Meeting Schedule - All Districts (Continued from 10/20/09, Item 24; 10/27/09, Item 11)

12345

APPROVED CHAIR BATES PROPOSAL 3 WITH MODIFICATION TO CANCEL 4/27/10 MEETING AND REINSTATE 9/28/10 MEETING DATES

END OF CONSENT CALENDAR

 

III.  DISCUSSION ITEMS (Items 11-16)

 

ELECTED DEPARTMENT HEADS

 

11.

Sheriff-Coroner - Approve purchase contract MA-060-10011278 with Unisys Corporation for purchase of Unisys Dorado 4080 mainframe computer and hardware/software maintenance, 11/3/09 - 11/2/10 ($2,169,538; renewable for four additional one-year periods $2,169,538 for the five year period - All Districts

12345

CONTINUED TO NO LATER THAN 12/8/09, 9:30 A.M.

 

12.

Treasurer-Tax Collector - Adopt resolutions authorizing sale and issuance of Santa Ana Unified School District General Obligation Bonds Election of 2008 ($60,000,000) - District 1

12345

APPROVED AS RECOMMENDED

 

RESO: 09-175 - 09-176

 

OC PUBLIC WORKS

 

13.

Approve lease agreement with Youth Fund of Southern California, a public benefit corporation, for office space at Health Care Agency North County Recovery Center; and make California Environmental Quality Act Findings - District 4

B.O.

CONTINUED TO 11/24/09, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

14.

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

53124

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF RECOMMENDED ACTION #1 WHICH WAS CONTINUED TO 11/24/09, 9:30 A.M.

 

15.

Report on County financial and budget status - All Districts

 

PRESENTED

 

16.

Supervisor Moorlach - Consider second reading and adoption 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" (Continued from 10/27/09, Item 25)

23145

APPROVED AS RECOMMENDED

 

 ORD: 09-006

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS5)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  Bryon D. Charles v. County of Orange, et al., OCSC Case No. 30-2008-00110521

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, PROVIDED STAFF WITH SETTLEMENT AUTHORITY IN THE CASE OF BRYON D. CHARLES  V. COUNTY OF ORANGE, ET AL.  ANY SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS.  AS SOON AS THE SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  George Jaramillo v. County of Orange, OCSC Case No. 05CC04220

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:   Guadalupe & Javier Mendoza v. County of Orange, et al., USDC Case No. SACV 03-1186 JVS (Anx)

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, PROVIDED STAFF WITH SETTLEMENT AUTHORITY IN THE CASE OF GUADALUPE & JAVIER MENDOZA V. COUNTY OF ORANGE, ET AL.  ANY SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS.  AS SOON AS THE SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

CS-4.

Human Resources Department - 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

 

SCS5.

Chair Bates - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957:
Title:  Performance Auditor
(Previously continued to 11/10/09, 9:30 a.m.)

B.O.

HELD, NO REPORTABLE ACTION

 

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

 

PUBLIC COMMENTS:

Jackie Nutting - Oral Re:  Invited Board to attend Annual Craft Champion competition on 1/9/10

 

Gary Boatwright - Oral Re:  Criminal justice concerns

 

Darrell Nolta - Oral Re:  Concerns regarding maintenance cost of land gift by Irvine Co. and County purchase of OC Fairgrounds and shortage of swine flu vaccine in OC

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

None

 

ADJOURNED:  2:00 P.M.

51234

Adjourned in memory of Earl Griffith

 

51234

Adjourned in memory of Gerald Johnson

 

51234

Adjourned in memory of Robert Kaster

 

51234

Adjourned in memory of Orville Miller

 

51234

Adjourned in memory of John Rogers

 

51234

Adjourned in memory of Arthur Seid

 

 

***  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