REGULAR
MEETING OF
THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
Tuesday, April 8, 2003
BOARD HEARING ROOM, FIRST FLOOR
10 Civic Center Plaza
Santa Ana, California
THOMAS
W. WILSON
CHAIRMAN
Fifth District
JAMES W.
SILVA
VICE CHAIRMAN
Second District
BILL
CAMPBELL
SUPERVISOR
Third District
CHARLES
V. SMITH
SUPERVISOR
First District
CHRIS
NORBY
SUPERVISOR
Fourth District
COUNTY EXECUTIVE OFFICER
James D. Ruth, Interim CEO
COUNTY COUNSEL
Benjamin P. de Mayo
CLERK OF THE BOARD
Darlene J. Bloom
The Orange County Board of Supervisors
welcomes you to this meeting. This agenda contains a brief
general description of each item to be considered. The
Board of Supervisors encourages your participation. If
you wish to speak on an item contained in the agenda,
please complete a Speaker Form identifying the item(s)
and deposit it in the Speaker Form Return box located
on the side of the podium. If you wish to speak on a matter
which does not appear on the agenda, you may do so during
the Public Comment period at the close of the meeting.
Except as otherwise provided by law, no action shall be
taken on any item not appearing in the agenda. Speaker
Forms are available in the containers located on the far
left and far right walls and at the middle entrance to
the Hearing Room. When addressing the Board, please state
your name for the record prior to providing your comments.
Please address the Board as a whole through the Chair.
Comments to individual Supervisors or staff are not permitted.
Speakers will be limited to three (3) minutes.
All supporting documentation is available for
public review in the office of the Clerk of the
Board of Supervisors located in the Hall of Administration
Building, 10 Civic Center Plaza, Room 465, Santa
Ana, California 92701 during regular business hours,
8:00 a.m. - 5:00 p.m., Monday through Friday.
9:30 AM
INVOCATION: Supervisor Silva, Second
District
PLEDGE OF ALLEGIANCE: Supervisor Smith, First District
I N D E X
I. PRESENTATIONS/INTRODUCTIONS
Page #
II. CONSENT CALENDAR
(Items 1-43)
Page #
III. DISCUSSION ITEMS
(Items 44-52)
Page #
IV. PUBLIC HEARINGS
(Items 53-55)
Page #
V. CLOSED SESSION
(Items CS-1-CS-4)
Page #
VI. PUBLIC, BOARD & EMAIL COMMENTS
& ADJOURNMENT
Page #
I. PRESENTATIONS/INTRODUCTIONS
Supervisor Campbell will be presenting
a resolution recognizing April 2003 as Cure Children's
Cancer Month
Chairman Wilson will be presenting a resolution recognizing
April 2003 as Blue Ribbon Child Abuse Prevention Month
Chairman Wilson will be presenting a resolution recognizing
April 6-12, 2003 as Crime Victims' Rights Week
Chairman Wilson will be presenting a resolution recognizing
April 7-13, 2003 as National Public Health Week
Chairman Wilson will be presenting a resolution recognizing
April 13-19, 2003 as National Telecommunicator's Week
II. CONSENT CALENDAR (Items 1-43)
All matters are approved by one motion
unless pulled by a Board Member for discussion or separate
action. At this time, any member of the public may ask
the Board to be heard on any item on the Consent Calendar.
BOARD APPOINTMENTS
Supervisor Campbell
- Waste Management Commission - Reappoint Victor
Opincar, Laguna Beach, for term ending 1/18/05
DEPARTMENT APPOINTMENTS
Community
Services Agency - Orange County Workforce
Investment Board - Appoint Cormac O' Madhrain
and Joel Stensby, Santa Ana, for terms ending
12/31/05 - All Districts
COMMENDATIONS/PROCLAMATIONS
Chairman Wilson:
Adopt resolution proclaiming April
21-27, 2003 as "Orange County Community
Development Week"
Adopt resolution recognizing Armenian-American
Community
COMMUNITY SERVICES AGENCY
Approve agreement 9000005026 with
University of California, San Francisco for
Active Aging Project, FY 2002-03 ($8,000); and
approve related budget adjustments (RA #3 4/5
vote)- All Districts
Approve amended agreement with Capistrano
Unified School District for Workforce Investment
Act Youth allocation ($54,165; new total $270,823)
- District 5
Approve
continuance of emergency and make appropriate
findings pursuant to Public Contract Code
Section 22050(c)(1) for recent sudden and unexpected
movement in landslide mass and necessary emergency
repair to complete work, Frank R. Bowerman landfill;
set review to determine continuing need for
emergency action for 4/29/03, 9:30 a.m. and
every 14 days thereafter - District 3 (4/5 vote)
(Continued from 9/10/02, Item 61; 9/24/02, Item
64; 10/8/02, Item 6; 10/22/02, Item 13; 11/5/02,
Item 17; 11/19/02, Item 12; 12/10/02, Item 17;
12/17/02, Item 23; 1/7/03, Item 1; 1/14/03,
Item 21; 1/28/03, Item 12; 2/11/03, Item 6;
2/25/03, Item 9; 3/11/03, Item 9; 3/25/03, Item
8)
Approve agreement with Toft Wolff
Farrow, Inc. for electrical engineering services
($50,000); renewable for two additional years
- District 2
Approve agreement with Integrated Design Services,
Inc. for structural engineering services ($50,000);
renewable for two additional years - District
2
Approve agreement with LaBelle Marvin, Inc.
for pavement engineering services ($50,000);
renewable for two additional years - District
2
Approve agreement with AEPC Group, LLC for
mechanical engineering services ($50,000); renewable
for two additional years - District 2
Approve agreement with Diaz Yourman &
Associates for geotechnical engineering services
($50,000); renewable for two additional years
- District 2
Approve agreement with The Neiman Group for
architectural engineering services ($50,000);
renewable for two additional years - District
2
Approve agreement with Integrated Design Services,
Inc. for architectural engineering services
for seismic retrofit of terminal ($354,000)
- District 2
Approve continuance of emergency and make
appropriate findings pursuant to Public Contract
Code Section 22050(c)(1) for installation of
explosion detection systems; set review to determine
continuing need for emergency action for 4/29/03,
9:30 a.m. and every 14 days thereafter - District
2 (4/5 vote) (Continued from 8/20/02; Item S29C,
8/27/02, Item S57A; 9/10/02, Item 14; 9/24/02,
Item 13; 10/8/02, Item 8; 10/22/02, Item 15;
11/5/02, Item 19; 11/19/02, Item 13; 12/10/02,
Item 19; 12/17/02, Item 26; 1/7/03, Item 2;
1/14/03, Item 26; 1/28/03, Item 15; 2/11/03,
Item 7; 2/25/03, Item 14; 3/11/03, Item 11;
3/25/03, Item 9)
Adopt resolution relinquishing
a portion of Backbay Drive as County highway,
Newport Beach; accept completed improvements
for slope stabilization between Backbay Drive
and Avenida Chico; project completed 5/17/02
($818,675.85) - District 2
Approve amendment 2 to price agreement N1000004326
with Project Partners, Inc. for technical support
services for Watershed & Coastal Resources
Division ($160,000; new total $360,000) - All
Districts
Approve amended agreement with Dennis J. Amoroso
Construction, Inc. to authorize payment for
Federal Modular Courthouse remodel (Phase 1)
($75,464.05) - District 1
Adopt resolution authorizing submission of
applications to Orange County Transportation
Authority for Transportation Enhancement Activities
(TEA) grant funds, FYs 2003-05; and approve
priorities of projects within each grant area
- All Districts
Approve agreement D03-016 with RBF Consulting
for on-call engineering services for reconstruction
of San Diego Creek Sedimentation Basins ($200,000)
- Districts 2 and 3
Accept work with Pelikan Construction for
office building addition to Orange County Zoo,
Irvine Regional Park; project completed 6/7/02
($263,070.91) - District 3
Acting as the Orange
County Flood Control District - Accept
work with J. F. Shea Construction for Huntington
Beach Channel improvements, Huntington Beach;
project completed 5/24/02 ($4,444,298.63) -
District 2
SOCIAL SERVICES AGENCY
Approve price agreement N1000005088
with Bell Building Maintenance for janitorial
and day porter services, 2020 W. Walnut, Santa
Ana, 5/1/03 - 4/30/04 ($43,800); renewable for
two additional years; and make appropriate findings
- District 1
Approve price agreement N1000005085 with Bell
Building Maintenance for janitorial and day
porter services, 6100 Chip Avenue, Cypress,
4/15/03 - 4/14/04 ($69,960); renewable for two
additional years; and make appropriate findings
- District 2
Approve agreement with California State Association
of Counties for Welfare Client Data Systems
management, 7/1/03 - 6/30/04 ($20,574) - All
Districts
PUBLIC PROTECTION
Sheriff-Coroner:
Approve continuance of emergency
and making appropriate findings pursuant to
Public Contract Code Section 22050(c)(1) for
replacement of water-damaged walls and floors
to stop water leakage from dishwashing operations
and to correct unhealthful and unsafe conditions,
Theo Lacy Jail kitchen; set review on 4/29/03,
9:30 a.m., and every 14 days thereafter - District
3 (4/5 vote) (Continued from 11/19/02, Item
90; 12/10/02, Item 48; 12/17/02, Item 61; 1/7/03,
Item 5; 1/14/03, Item 63; 1/28/03, Item 31;
2/11/03, Item 20; 2/25/03; Item 37; 3/11/03,
Item 21; 3/18/03, Item 18; 3/25/03, Item 18)
Approve agreement with Community Service Programs,
Inc. for domestic violence victim services,
4/8/03 - 4/7/04 ($59,278) - All Districts
Authorize use of County staff, property and
equipment for production and sale of 2003 Commemorative
Book for Sheriff's Advisory Council's Project
999 fundraiser; authorize sale of book ($42,
including $1.03 contribution); approve purchase
order with Turner Publishing Company for development
and publication of book; and approve related
agreements with Sheriff's Advisory Council and
Association of Orange County Deputy Sheriffs
- All Districts
Approve agreement with GE Capital I-Sim LLC
for upgrade of four PatrolSim driving simulators
($72,000) - All Districts
GENERAL ADMINISTRATION
Approve agreement D02-132 with
Huitt-Zollars, Inc. for on-call surveying services,
Prado Dam/Seven Oaks Dam ($200,000) - All Districts
Approve Memorandum of Understanding
with the University of California, Los Angeles,
School of Public Policy and Social Research,
Department of Social Welfare for provision of
graduate or undergraduate fieldwork experience,
effective 5/1/03 - All Districts
PUBLIC PROTECTION
Child
Support Services - Approve
hold harmless agreements with City of Orange
for Community Organizations & Public
Services Expo, 6/7/03-6/8/03 and Acacia Adult
Day Service/Orange County Asian and Pacific
Islander Community Alliance for Vietnamese Health
Fair, 5/3/03 - All Districts
Probation
- Adopt resolution approving grant award agreement
with State Department of Health Services to
conduct a domestic violence training conference,
1/1/03 - 6/30/03 ($9,999) - All Districts
Sheriff-Coroner:
Approve continuance of emergency
and make appropriate findings pursuant to Public
Contract Code Section 22050(c)(1) for replacement
of water-damaged walls and floors to stop water
leakage from dishwashing operations and to correct
unhealthful and unsafe conditions, Theo Lacy
Jail kitchen; set review on 5/13/03, 9:30 a.m.,
and every 14 days thereafter - District 3 (4/5
vote) (Continued from 11/19/02, Item 90; 12/10/02,
Item 48; 12/17/02, Item 61; 1/7/03, Item 5;
1/14/03, Item 63; 1/28/03, Item 31; 2/11/03,
Item 20; 2/25/03; Item 37; 3/11/03, Item 21;
3/18/03, Item 18; 3/25/03, Item 18; 4/8/03,
Item 36)
Approve purchase of 2000 Ford Taurus from
Villa Ford ($9,525) - All Districts
Authorize use of County equipment for the
"Tip a Cop" charity event at Claim
Jumper Restaurants on 5/8/03; and make related
findings - All Districts
GENERAL ADMINISTRATION
County Executive Office:
Approve price agreement N1000005124
with Heidrick and Struggles for executive search
services for County Executive Officer, beginning
3/24/03 - All Districts
Receive and file report on charitable organizations
actual income/expenses for 2002 and planned
activities for 2003; and approve related insurance
waivers - All Districts
Supervisor Smith
- Adopt resolution supporting Korean Chamber
of Commerce application to Caltrans for installation
of directional signs on SR22 freeway to promote
Korean Business District
END OF CONSENT
CALENDAR
III. DISCUSSION ITEMS (Items 44-52)
At this time, members of the public
may ask the Board to be heard on the following items as
those items are called.
COMMUNITY SERVICES AGENCY
Approve amendment 13 to agreement
with Feedback Foundation, Inc. for Older Americans
Act services, FY 2002-03 ($117,167; new total
$2,664,986) - All Districts
Approve amended agreement with Management
Applied Programming, Inc. aka American Insurance
Administrators for Fiscal Intermediary services
for Medical Services for Indigents Program;
approve amended master agreements for receiving
hospital and hospital services for Medical Services
for Indigents Program; approve amended agreement
with Orange County Foundation for Medical Care
for medical care management services ($61,700;
new total $186,700); and authorize Director
or designee to execute individual agreements
- All Districts
PLANNING AND DEVELOPMENT
SERVICES
Receive and file Financial Status
Report - All Districts (Continued from 3/11/03;
Item 14; 3/18/03, Item 13; 3/25/03, Item 10;
4/1/03, Item 29)
PUBLIC FACILITIES AND RESOURCES
DEPARTMENT
Acting as the Orange County
Flood Control District:
Receive bids and award contract
to J. F. Shea Construction, Inc. for flood control
improvements of Huntington Beach Channel system
($2,971,437) - District 2
Receive bids and award contract to Belczak
& Sons, Inc. for reconstruction of Segunda
Deshecha Canada Channel ($5,742,493.54) - District
5
PUBLIC PROTECTION
Probation
- Adopt resolution approving submission of amended
Comprehensive Multi-Agency Juvenile Justice
Plan and application for approval to State Board
of Corrections for Juvenile Justice Crime Prevention
Act funds, FY 2003-04 - All Districts
GENERAL ADMINISTRATION
County
Counsel/Planning and Development Services
- Approve agreement with DMB San Juan Investment
North for outside legal counsel and independent
consultants to assist in processing the Rancho
Mission Viejo General Plan amendments, zone
change, EIR and other related actions - District
5
County Executive Office - Approve recommended
positions on introduced or amended legislation
and consider other legislative subject matters
- All Districts
IV. PUBLIC HEARINGS (Items 53-55)
9:30 A.M. OR AS SOON THEREAFTER
HOUSING AND COMMUNITY DEVELOPMENT
Public Hearing to consider approving
Draft Annual Action Plan, FY 2003-04 ($7,560,349)
- All Districts
PUBLIC FACILITIES AND RESOURCES
DEPARTMENT
Public Hearing to consider adopting
resolution approving 2003 Weed Abatement Program
and direct PFRD to report back to the Board
on 8/5/03 and 8/3/04 with itemized cost reports
- All Districts
GENERAL ADMINISTRATION
County
Executive Office - Public Hearing to
consider adopting resolution approving Apartment
Development Revenue Bonds, Issue A of 2003;
submission of an application to California Debt
Limit Allocation Committee for private activity
mortgage revenue bond allocation ($7,000,000)
(Rancho Niguel Apartments); approve selection
of a financing team; approve cooperative agreement
with Laguna Hills and other related documents
- District 5
V. CLOSED SESSION (Items CS-1-CS-4)
County Counsel:
CS-1.
CONFERENCE WITH SHERIFF-CORONER -
THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant
to Government Code Section 54957(a): Title of Officer:
Michael Carona, Orange County Sheriff-Coroner
CS-2.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
- Pursuant to Government Code Section 54956.9(a):
Name of Case: County of Orange v. Davood Guity-Mehr,
et al., OCSC Case No. 765326
CS-3.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
- Pursuant to Government Code Section 54956.9(a):
Name of Case: Eric Hoshstrasser v. Huntington Beach
UHSD, et al., California Special Ed. Hearing Office
Case No. SN0201431
CS-4.
County Executive Office - CONFERENCE WITH LABOR
NEGOTIATOR - Pursuant to Government Code Section
54957.6: Agency Negotiator: Susan Paul Employee
Organizations: United Domestic Workers of America,
AFSCME, AFL-CIO, In-Home Supportive Services
VI. PUBLIC, BOARD & EMAIL COMMENTS
& ADJOURNMENT
PUBLIC COMMENTS:
At this time, members of the public
may address the Board of Supervisors regarding any
off-agenda items within the subject matter jurisdiction
of the Board of Supervisors provided that NO action
may be taken on off-agenda items unless authorized
by law. Comments shall be limited to three minutes
per person and twenty minutes for all comments,
unless different time limits are set by the Chairman
subject to the approval of the Board.
BOARD COMMENTS:
At this time, members of the Board
of Supervisors may comment on agenda or non-agenda
matters and ask questions of or give directions
to staff; provided that NO action may be taken on
off-agenda items unless authorized by law.
Legal