REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, March 22, 2005, 9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

10 Civic Center Plaza                            

Santa Ana, California              

 

BILL CAMPBELL                          

CHAIRMAN                               

Third District     

 

THOMAS W. WILSON                       

VICE CHAIRMAN                          

Fifth District     

LOU CORREA                             

SUPERVISOR                             

First District     

 

 

JAMES W. SILVA                         

SUPERVISOR                             

Second District    

CHRIS NORBY                            

SUPERVISOR                             

Fourth 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 Wilson, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Norby, Fourth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairman Campbell presented a resolution proclaiming March 24, 2005 as "World TB Day"

 

Chairman Campbell presented a resolution proclaiming April 4-9, 2005 as "National Public Health Week"

 

Supervisor Correa will be presenting a resolution proclaiming March 22, 2005 as "Matt Leinart Day"

DELETED

 

Supervisor Correa presented a resolution proclaiming April 2005 as "Child Obesity Awareness Month"

 

II.   CONSENT CALENDAR (Items 1-42)

 

51243

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 8, 19, 20 & 40 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Correa - Public Finance Advisory Committee - Appoint Kirk E. Avila, Mission Viejo, to complete term ending 5/1/07

 

DEPARTMENT APPOINTMENTS

 

 

Health Care Agency:

 

2.

Alcohol & Drug Advisory Board and Local Suppression of Drug Abuse in Schools Advisory Committee - Appoint Arthur R. Torres, Newport Beach, to complete term ending 10/28/05 - All Districts

 

3.

Mental Health Board - Reappoint Theresa M. Boyd, Fountain Valley, for term ending 3/4/08 - All Districts

 

HEALTH CARE AGENCY

 

4.

Approve price agreement N1000006681 with Word Processing Unlimited, Inc. for medical transcription services, 4/1/05 - 3/31/06 ($35,000); renewable for two additional years - All Districts

 

5.

Approve price agreement N1000006676 with Intratek Computer Inc. for parts and printer maintenance services, 4/1/05 - 3/31/09 ($180,000) - All Districts

 

6.

Approve price agreement N2000005442 with Iron Mountain Off-Site Data Protection, Inc. for off-site data storage and retrieval services, 4/1/05 - 12/31/05 ($30,000); renewable for one additional year ($45,000) - All Districts

 

INTEGRATED WASTE MANAGEMENT DEPARTMENT

 

7.

Approve price agreement N1000006662 with CleanStreet for street sweeping services, North, Central and South Regional landfills, 4/1/05 - 3/31/06 ($111,000); renewable for two additional years - Districts 3 & 5

 

JOHN WAYNE AIRPORT

 

8.

Approve amended agreement with KFM Engineering, Inc. for traffic engineering services ($25,000; new total $75,000); and make California Environmental Quality Act findings - District 2

31245

APPROVED AS RECOMMENDED

 

9.

Approve plans and specifications and set bid opening for 4/27/05, 2:00 p.m., for Fiber Optics Communications Infrastructure; and make California Environmental Quality Act findings - District 2

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

10.

Approve plans and specifications and set bid opening for 5/4/05, 2:00 p.m., for building improvements for new weapons screening station, West Justice Center; and make California Environmental Quality Act findings - District 1

 

11.

Accept work with Geotechnical Stabilization, Inc. for floor repair within the Traffic/Criminal Division, West Justice Center, project completed 2/5/05 ($50,396) - District 1

 

12.

Approve amended purchase order PC 080 P0500001371 with Weld-It Company for purchase of one gasoline pump test unit tank ($3,282; new total $45,620) - All Districts

 

13.

Authorize release of bonds provided by The Irvine Company for library facility and book fees related to Library Implementation agreements, Northwood Point Planned Community and Lower Peters Canyon - District 3

 

14.

Approve plans and specifications and set bid opening for 4/27/05, 2:00 p.m., for heating, ventilation and air conditioning modifications, Lamoreaux Justice Center and Manchester Office Building, Orange; and make California Environmental Quality Act findings - District 3

 

15.

Approve plans and specifications and set bid opening for 4/20/05, 2:00 p.m., for rehabilitation of roof system, Harbor Justice Center; and make California Environmental Quality Act findings - District 5

 

16.

Approve plans and specifications and set bid opening for 5/4/05, 2:00 p.m., for building improvements for new weapons screening stations, North Justice Center; and make California Environmental Quality Act findings - District 4

 

17.

Approve plans and specifications and set bid opening for 4/20/05, 2:00 p.m., for ADA modernization of elevators nos. 1, 2, 3 and 4, Probation Department; and make California Environmental Quality Act findings - District 1

 

18.

Approve plans and specifications and set bid opening for 4/27/05, 2:00 p.m., for restoration of roof, West Justice Center; and make California Environmental Quality Act findings - District 1

 

19.

Adopt resolution certifying County intent to own, operate and maintain Santa Ana River Bikeway Facility for Caltrans' grant application to State Rivers and Mountains Conservancy - District 3

31245

APPROVED AS RECOMMENDED

 

RESO: 05-071

 

20.

Approve agreement D04-076 with Everest International Consultants for design and support of a pilot demonstration project for temporary installation of artificial circulation devices, Dana Point Harbor, Baby Beach ($70,000) - District 5

52143

APPROVED AS RECOMMENDED

 

 

Acting as the Orange County Flood Control District:

 

21.

Approve Right of Entry and License Agreement with Hellman Properties, LLC for access of Los Alamitos Retarding Basin from Pacific Coast Highway; and make California Environmental Quality Act and other findings - District 2

 

22.

Approve continuance of emergency and make appropriate findings pursuant to Public Contract Code Section 22050(c)(1) for emergency work repairs to Santa Ana-Delhi Channel F01; and set review to determine continuing need for emergency action for 4/12/05, 9:30 a.m., and every 14 days thereafter - District 2 (4/5 vote) (Continued from 3/15/05, Item S59A)

 

 

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

 

23.

Approve agreement D05-010 with Stewart Geo Technical, Inc. for on-call aerial photography and digital mapping services ($100,000) - All Districts

 

24.

Approve agreement D05-008 with Digital Mapping, Inc. for on-call aerial photography and digital mapping services ($100,000) - All Districts

 

SOCIAL SERVICES AGENCY

 

25.

Authorize acceptance of grant funds for Target Assistance and Refugee Employment, FFY 2003 ($38,173) and Family Enrichment, FFY 2004 ($200,000) - All Districts

 

26.

Approve resolution authorizing Director or designee to execute all applicable documents pertaining to conveyance of 4.0 acre parcel, MCAS, Tustin from U.S. Department of Health and Human Services for a new Children's Transitional Family Home campus - District 3

 

RESO: 05-072

 

PUBLIC PROTECTION

 

27.

Probation - Approve license with Garden Grove for use of softball field No. 4, Garden Grove Park, 4/5/05 - 4/21/05; and make California Environmental Quality Act findings - District 1

 

 

Sheriff-Coroner:

 

28.

Approve price agreement N1000006717 with Microsoft Corporation for software support services, 4/1/05 - 3/31/06 ($82,100); renewable for four additional years - All Districts

 

29.

Approve price agreement N1000006675 with Data Ticket, Inc., for parking citation processing and management services, 4/1/05 - 3/31/06 ($54,500); renewable for four additional years - All Districts

 

30.

Approve plans and specifications and set bid opening for 4/27/05, 2:00 p.m., for replacement of HVAC control system, Central Jail Complex and Sheriff Headquarters Building; and make California Environmental Quality Act findings - District 1

 

31.

Authorize use of County vehicles for 2005 Baker to Vegas Challenge Cup Relay Race, Las Vegas, 4/22/05 - 4/25/05; and make appropriate findings - All Districts

 

32.

Authorize use of five County vehicles for the 2005 California Peace Officers' Memorial Ride, Sacramento, 5/6/05 - 5/10/05 ($1,600); and make appropriate findings - All Districts

 

33.

Select TMAD Taylor and Gaines as primary and GKK Corporation as alternate firms for replacement of electric cell door consoles, Central Men's and Women's Jails; and authorize negotiation of agreement for Board approval - District 1

 

34.

Select GKK Government as primary and AVS Engineers, Inc. as alternate firms for design of security improvements at Emergency Operations Center, Loma Ridge; and authorize negotiation of agreement for Board approval - District 3

 

35.

Approve price agreement N1000006697 with California Department of Justice for fingerprint record check services, 4/1/05 - 10/31/09 ($280,000) - All Districts

 

36.

Approve purchase order PC 060 P0500006320 with Payton Scientific, Inc. for purchase of a Payton Model CY-AT cyanoacrylate chamber countertop model ($16,832) - All Districts

 

37.

Approve purchase order PC 060 P0500005976 with Accu-Med Transcription Services for medical-legal transcription services, 11/1/04 - 11/30/04 ($4,880) - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

38.

Approve proposed amendments to the County’s Conflict of Interest Code Designated Filer exhibits for the Clerk-Recorder Department - All Districts

 

39.

Approve proposed amendments to the Conflict of Interest Code Designated Filer exhibits for the Orange County Employees Retirement System - All Districts

 

 

County Executive Office:

 

40.

Approve Proposition 69 DNA Identification Fund Financial Status Report - All Districts

52143

APPROVED AS RECOMMENDED

 

41.

Receive and file External Restructuring Report for County of Orange - All Districts

 

42.

Receive and file charitable organization actual income/expense for 2004, and planned activities for 2005 - All Districts

END OF CONSENT CALENDAR

 

III.  DISCUSSION ITEMS (Items 43-S64C)

 

HEALTH CARE AGENCY

 

43.

Receive and file Tobacco Settlement Spending Plan FY 2005-06; and authorize Agency to implement programs included in accordance with requirement of Measure H - All Districts

51243

APPROVED AS RECOMMENDED

 

44.

Approve the separation of Public Administrator/Public Guardian office from Health Care Agency and establish it as a separate department as Orange County Public Administrator/Public Guardian Department, effective 7/1/05; and authorize CEO to implement the necessary budgetary and personnel adjustments - All Districts (Continued from 3/15/05, Item 44)

B.O.

DELETED

 

HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

45.

Approve amended agreements with Human Options ($33,010; new total $143,042), Interval House ($40,186; new total $174,138), Laura's House ($27,986; new total $121,274) and Women's Transitional Living Center, Inc. ($42,338; new total $183,466) for Domestic Violence Shelters, 3/23/05 - 6/30/05 - All Districts

52143

APPROVED AS RECOMMENDED

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

46.

Approve plans and specifications and set bid opening for 4/20/05, 2:00 p.m., for Phase II construction of Skyline Storm Drain; and make California Environmental Quality Act and other findings - District 3

34125

APPROVED AS RECOMMENDED

 

47.

Approve plans and specifications and set bid opening for 4/20/05, 2:00 p.m., for slurry seal of various streets; and make California Environmental Quality Act findings - Districts 1 & 3

34125

APPROVED AS RECOMMENDED

 

48.

Adopt resolution approving loan agreement with California Department of Boating and Waterways for preparation of design and improvements to the Dana Point Harbor Marina Facility ($1,500,000); authorize Director or designee to execute future agreements for additional loan funds up to $45,000,000; approve related budget adjustments; and make California Environmental Quality Act findings - District 5

B.O.

CONTINUED TO 4/12/05, 9:30 A.M.

 

49.

Approve option and management agreements with TBW Company for operation of the west basin marina, Dana Point Harbor - District 5 (Continued from 3/15/05, Item 47)
CONTINUED TO 4/12/05, 9:30 A.M.

B.O.

CONTINUED TO 4/12/05, 9:30 A.M.

 

50.

Approve price agreement N1000006406 with U.S. Ocean Safety for lifeguard services, 3/28/05 - 3/27/08 ($1,450,000 per year); renewable for two additional years; and make California Environmental Quality Act findings - Districts 2 and 5

52143

APPROVED AS RECOMMENDED

 

51.

Receive bids and award contract to Pinner Construction Company, Inc. for rehabilitation of floors 7 and 8, Central Justice Center ($8,515,000) - District 1

B.O.

CONTINUED TO 4/12/05, 9:30 A.M.

 

52.

Approve agreement with Moffatt & Nichol for reconstruction and improvement of a Boat Launch Facility, Dana Point Harbor ($241,600) - District 5

54123

APPROVED AS RECOMMENDED

 

53.

Find proposals of Industrial Realty Group and United Veteran Organizations of Orange County are not economically viable; select Option 1 and return to the Board within 45 days with status report for North Blimp Hangar proposals, MCAS Tustin - District 3

34125
  NN

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

54.

Approve price agreement N2000005689 with Intratek Computers, Inc. for Information Technology Professional services, 4/1/05 - 3/31/06 ($480,418) - All Districts

52143

APPROVED AS RECOMMENDED

 

55.

Approve agreements WSH1104 with MAXIMUS, Inc. for case management services ($6,858,507) and WSH1004 with ACS State and Local Solutions, Inc. for job services ($10,515,070), 4/1/05 - 3/31/06 - All Districts

24153

APPROVED AS RECOMMENDED

 

56.

Approve price agreement N1000006668 with Intratek Computer, Inc. for computer hardware/software services, 4/1/05 - 3/31/06 ($1,168,735); renewable for two additional years - All Districts

12453

APPROVED AS AMENDED TO RETURN TO THE BOARD FOR APPROVAL OF RENEWALS

 

PUBLIC PROTECTION

 

 

District Attorney:

 

57.

Adopt resolution authorizing submission and execution of grant award agreement to State Department of Insurance for continued funding for participation in State Automobile Insurance Fraud Investigation Prosecution Program, term ending 6/30/05 ($1,620,200); authorize District Attorney or designee to execute subsequent amendments under certain conditions; and make California Environmental Quality Act and other findings - All Districts

54123

APPROVED AS RECOMMENDED

 

RESO: 05-073

 

58.

Approve acceptance of Federal funds from U.S. Department of Justice, Office of Justice Programs for reimbursement of costs related to prosecution and associated confinement of federally initiated and declined or referred criminal cases, 10/1/01 - 6/30/04 ($1,965,287.50); distribute pre-trial detention portion of funds to eligible local law enforcement agencies; and allocate future prosecution and pre-trial detention services portion to local law enforcement agencies without further Board action - All Districts

42153

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

59.

County Counsel - Approve amended agreement with Gatzke, Dillon & Balance, LLP for professional legal services; direct County Counsel to prepare a RFP for airport counsel and return to the Board within one year - All Districts

23145

APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

60.

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

B.O.

DISCUSSED

 

31245

APPROVED CHAIRMAN SENDING LETTER ON BEHALF OF BOARD IN SUPPORT OF THE APPOINTMENT OF BRUCE MCPHERSON TO SECRETARY OF STATE

 

61.

Approve amendment 2 to agreements 01-010BC with Orrick, Herrington & Sutcliffe LLP  and 012FA with Fieldman, Rolapp & Associates for conversion of variable rate bonds to a fixed rate for Newport Coast Phase IV Assessment District 01-1 - District 5

54123

APPROVED AS RECOMMENDED

 

62.

Approve CEO Information and Technology Internal Service Fund Billing Rates for FY 2005-2006 - All Districts

21453

APPROVED AS RECOMMENDED

 

63.

Approve in concept financing of Orange County Public Library energy efficiency systems upgrade and certain other energy improvements; ratify selection of financial advisor and tax counsel; and approve agreements 05-003F with Public Financial Management Inc. as financial advisor ($7,500) and 05-004SC with Kutak Rock LLP as tax counsel ($7,500), term ending 12/31/05 - All Districts

 

CONTINUED TO 4/12/05, 9:30 A.M. WITH DIRECTION FOR STAFF TO RETURN WITH EVALUATION OF FEASIBILITY OF GENERAL FUND MAKING LOANS TO OTHER FUNDS AND WHETHER IT IS A MORE ECONOMICAL OPTION THAN ISSUING BONDS

 

64.

Internal Audit - Presentation of Internal Audit Department Monthly Audit Activity Status Report for February 2005 - All Districts

 

PRESENTED

 

S64A.

Chairman Campbell - Reappoint Kimberly Chavalas Cripe, Orange; Joyce Hanson, Santa Ana and Hugh Hewitt, Irvine to the Children and Families Commission of Orange County for terms ending 3/31/09

34125

APPROVED AS RECOMMENDED

 

RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT

 

S64B.

Authorize Director to enter into settlement agreements with SCAQMD for non-compliant boiler operation violations at Harbor Justice Center, County Operations Center and Lamoreaux Justice Center; authorize Auditor-Controller to issue check in the amount of $6,000 as final payment - Districts 1, 3 & 5

 

CONTINUED TO 4/12/05, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

S64C.

Supervisor Correa - Adopt resolution authorizing dedication of John Wayne Airport "Concourse Gallery" in the name of Ms. Vi Smith, in recognition of her dedicated service to John Wayne Airport, the Airport Arts Commission, and the Airport Arts Program

12453

APPROVED AS RECOMMENDED

 

RESO: 05-074

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  Environmental Acoustics v County, Los Angeles County Superior Court, Central District, Case No. BC 314 126

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ENVIRONMENTAL ACOUSTICS 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 COUNTY COUNSEL TO ANY PERSON WHO INQUIRES.

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  Strong v. State Board of Equalization, Sutter County Superior Court Case No. CVCS05-0325

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED COUNTY COUNSEL TO FILE LITIGATION ON BEHALF OF THE ORANGE COUNTY ASSESSOR AGAINST THE STATE BOARD OF EQUALIZATION.

 

CS-3.

County Executive Office - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Shelley Carlucci
Employee Organizations:  Orange County Managers Association, Orange County Employees Association, International Union of Operating Engineers, Service Employees International Union, American Federation of State, County and Municipal Employees, Orange County Attorneys Association and certain unrepresented employees

B.O.

HELD, NO REPORTABLE ACTION

 

SCS4.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  Raul Orozco Almanza v. Claudia Correal, Ricardo Morentes, County of Orange Social Services and Providencia Rameriz-Hull OCSC Case No. 01-CC13982

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF RAUL OROZCO ALMANZA V. CLAUDIA CORREAL ET. AL.  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, BOARD & EMAIL COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Paul Carlton, Ulrike Luderer & Alan White - Oral Re:  Preservation of Santa Ana Mountains as wilderness area

 

Darrell Nolta - Oral Re:  County doing business with Merrill Lynch; health care administration fee included in OC deputy sheriff's contract

 

COUNTY EXECUTIVE OFFICER COMMENTS:

Oral Re: Budget and Strategic Financial Plan process

 

BOARD COMMENTS:

None

 

ADJOURNED:  1:56 P.M.

51243

Adjourned in memory of Manuel Quevedo

 

12453

Adjourned in memory of Barry Buchoz

 

31245

Adjourned in memory of Paul Joseph Murphy

 

 

***  KEY  ***

 

Left Margin Notes

 

 

1. =  Supervisor Correa

A.  =   Abstained

2. =  Supervisor Silva

X.  =   Excused

3. =  Chairman Campbell

N.  =   No

4. =  Supervisor Norby

BO =   Board Order

5. =  Supervisor Wilson

 

 

 

ORD.   =  Ordinance

 

RESO. =  Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

                                                                                                                                                           

                                                                                    BILL CAMPBELL, CHAIRMAN

                                                                                    Orange County Board of Supervisors

 

 

 

 

                                                                       

DARLENE J. BLOOM

Orange County Clerk of the Board