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Board of Supervisors
Agenda & Meeting Notices
2003
County of Orange Seal REGULAR MEETING OF
THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA

Tuesday, October 21, 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 Smith, First District

PLEDGE OF ALLEGIANCE: Supervisor Norby, Fourth District
 
I N D E X
I. PRESENTATIONS/INTRODUCTIONS   Page #
II. CONSENT CALENDAR (Items 1-42) Page #
III. DISCUSSION ITEMS (Items 43-59) Page #
IV. PUBLIC HEARINGS (Items 60-62) Page #
V. CLOSED SESSION (Items CS-1-CS-3) Page #
VI. PUBLIC, BOARD & EMAIL COMMENTS & ADJOURNMENT   Page #
 
I. PRESENTATIONS/INTRODUCTIONS
Scott Baugh, Sacramento Legislative Advocate, will provide a legislative update

Chairman Wilson will be presenting a resolution proclaiming October 19-25, 2003 as "Childhood Lead Poisoning Prevention Awareness Week"

Chairman Wilson will be presenting a resolution commending Roberta "Chris" Salas on her retirement

Chairman Wilson will be presenting a resolution commending Richard Devylder for his hard work and dedication as a member of the Orange County In-Home Supportive Services Advisory Committee

Chairman Wilson will be presenting certificates to Lifeguard Dale Adama and Jose Rodriguez - the first person to be resuscitated post cardiac arrest with an Automated External Defibrillator donated by Ray of Life Foundation
 
II. CONSENT CALENDAR (Items 1-42)
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
  1. Supervisor Silva - Assessment Appeals Board No. 1 - Reappoint Sherry Smith Mancini, Huntington Beach, for term ending 9/3/06
  2. Chairman Wilson - Human Relations Commission - Reappoint Kenneth K. Inouye, Laguna Hills, for term ending 12/16/04
DEPARTMENT APPOINTMENTS
  1. Health Care Agency - Emergency Medical Care Committee - Appoint Carolyn Cavecche, Orange, to complete term ending 6/30/04 and Sammuel J. Stratton, Orange; Marla Gain, Orange and Arthur F. Brice, Brea, to complete terms ending 6/30/05; and reappoint Daniel Brothman, Santa Ana, for term ending 6/30/05 - All Districts
  2. Probation - Juvenile Justice Coordinating Council - Appoint Sandra Fair, Santa Ana, for an indefinite term - All Districts
COMMENDATIONS/PROCLAMATIONS
Chairman Wilson:
  1. Adopt resolution proclaiming November 15, 2003 as "America Recycles Day"
  2. Adopt resolution commending employees from CEO Human Resources and Information Technology for receiving 2003 Best of Breed Award from The Center for Digital Government for implementing the On-line Recruitment system
  3. Adopt resolution recognizing The Hispanic Education Endowment Fund
  4. Approve certificate recognizing The Family Violence Project
HEALTH CARE AGENCY
  1. Approve amended master agreement with various providers for post custody re-entry services for substance abusers, 7/1/03 - 6/30/04 ($96,300; new total $318,937) - All Districts
  2. Approve agreement with State Department of Health Services, Center for Health Statistics, Office of Vital Records for processing of death certificate amendments, 7/1/03 - 6/30/04 ($17,178 revenue) - All Districts
  3. Receive and file Status Report on Medical Services for Indigents Program - All Districts
HOUSING AND COMMUNITY SERVICES DEPARTMENT
  1. Approve agreement with Abrazar, Inc. for implementation and administration of Senior Transportation Program, 11/1/03 - 10/31/04 ($178,125); renewable for one additional year ($173,125) - Districts 1 & 2
JOHN WAYNE AIRPORT
  1. Approve agreement with Newport FBO Two, LLC dba Newport Jet Center for consent to construct office space; and make California Environmental Quality Act and other findings - District 2
PLANNING AND DEVELOPMENT SERVICES
  1. Approve Tract 16515, DMB Ladera LLC, Ladera Ranch area; accept easements for emergency and public vehicular ingress and egress; approve construction agreement S0903-0133 and accept bonds guaranteeing construction of improvements - District 5
  2. Approve Tract 16461, Irvine Community Development Company, LLC, Newport Coast area; accept easement for fire protection access; and accept easement for pedestrian and emergency public service ingress and egress; do not accept dedication of easement over Lots P and Q for riding and hiking trail purposes; approve construction agreement S0503-0117 and accept bonds guaranteeing construction of improvements - Districts 5
PUBLIC FACILITIES AND RESOURCES DEPARTMENT
Probation:
  1. Approve plans and specifications and set bid opening for 11/26/03, 2:00 p.m., for replacement of jack assemblies for elevators 7, 8, 9, 10, 11, 12 and 13, Central Justice Center, Santa Ana - District 1
  2. Waive informality in bid submitted by McKinley Equipment Corp.; receive bids and award contract to McKinley Equipment Corp. for vertical lifts for shelving system, County Records Center, Santa Ana ($108,435) - District 1
  3. Adopt resolution accepting Irrevocable Offer of Dedication of 15.25 acres addition to Limestone Whiting Wilderness Park; and make California Environmental Quality Act and other findings - District 5
  4. Authorize release of security for private street improvements, street lights, sewer and water systems and monumentation, Tract 15440, Coto De Caza Ltd., Coto De Caza area - District 5
  5. Approve plans and specifications and set bid opening for 12/3/03, 2:00 p.m., for Phase I replacement of air conditioning units and duct cleaning, Juvenile Hall, Orange - District 3
  6. Approve purchase of one 2004, 1/2 ton, V8, regular cab CNG pickup truck from Villa Ford ($27,433.14) - All Districts
  7. Approve purchase of one 2004, 3/4 ton, V8, regular cab CNG pickup truck from Victor Buick GMC ($30,560.60) - All Districts
  8. Reject bid of Air Management Industries as non-responsive; waive informality of clerical error; receive bids and award contract to Big West Construction Corporation for expansion and remodel of 2nd floor Administration, Central Justice Center, Santa Ana ($375,000) - District 1
  9. Approve plans and specifications and set bid opening for 11/19/03, 2:00 p.m., for asphalt overlay resurfacing of Chapman Avenue, Orange and unincorporated area; and make California Environmental Quality Act findings - District 3
  10. Reject single bid received 6/18/03; approve revised plans and specifications and set bid opening for 12/10/03, 2:00 p.m., for expansion and remodel of Orange County Public Law Library, Santa Ana - District 1
  11. Approve continuance of emergency and make appropriate findings pursuant to Public Contract Code Section 22050(c)(1) for repair of HVAC ductwork, Central Justice Center; set review to determine continuing need for emergency action for 11/4/03, 9:30 a.m., and every 14 days thereafter - District 1 (4/5 vote) (Continued from 7/22/03, Item 50; 8/5/03, Item 8; 8/19/03, Item 9; 8/26/03, Item 16; 9/9/03, Item 22; 9/23/03, Item 10; 10/7/03, Item 7)
  12. Approve agreement D03-062 with City of Orange for asphalt overlay resurfacing of Chapman Avenue between Esplanade Street and Earlham Street - District 3
  13. Receive and file Traffic Committee reports dated 9/18/03; approve recommendations and adopt necessary resolutions - District 5
  14. Receive bids and award contract to Sialic Contractors Corporation dba Shawnan for Cypress Acres Street and Storm Drain Improvements, Phase III, Cypress ($394,577) - District 2
  15. Approve cooperative agreements with various Cities for asphalt overlay resurfacing - Districts 1, 2, 3 and 5
  16. Select Peyo & Associates Inc. as primary and Wayne C. Siu Architects and Associates as alternate firms for design services, Probation Youth Guidance Center Improvement Projects; and authorize Director or designee to negotiate agreement for Board approval - District 1
  17. Approve assignment and authorize payment to California Department of Industrial Relations from funds held from Projective Development International (PDI) for remodel of HCA Public Health Laboratory ($101,795.08) and payment of remaining balance to PDI ($15,098.37) - District 1
  18. Approve amended license CN #178054-A with San Clemente and Orange County Transportation Authority for wooden staircase beach accessway at Califia Beach; and make California Environmental Quality Act findings - District 5
  19. Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement No. 04W4CAD02302 with the United States Geological Survey for operation and maintenance of sediment monitoring stations, Agua Chinon and Marshburn Channels, 11/1/03 and authorize Director to renew for three additional years under certain conditions, 10/31/04 ($56,100) - District 3
SOCIAL SERVICES AGENCY
  1. Approve amended price agreements N3000002529, 11/1/01 - 10/31/03 ($25,000; new total $166,741) and N4000002529, 11/1/03 - 10/31/04 ($81,200; new total $160,000) with State Department of Justice for Live Scan/Fingerprint Record Check service - All Districts
PUBLIC PROTECTION
  1. Probation - Approve settlement agreement and mutual release with Sunflower Windell, LLC for termination of lease for South Orange County Youth and Family Resource Center, Aliso Viejo ($138,634.20) - District 5
Sheriff-Coroner:
  1. Adopt resolution approving agreement 03-011-178 with State Commission on Peace Officer Standards and Training for Driving Simulator and Force Option Simulator courses; and authorize Sheriff-Coroner or designee to execute contractor certification class, 7/1/03 - 6/30/04 ($193,600 revenue) - All Districts
  2. Approve agreement with J.L. Hengstler Associates for design of a replacement HVAC energy management control system ($148,200) - District 1
  3. Approve Memorandum of Understanding with Los Angeles County Sheriff's Department for provision of STR-DNA testing under Cold Hit DNA Testing Program ($200,000 revenue) - All Districts
  4. Approve license agreement with Orange for use of Sheriff's Katella Firing Range for training purposes; and make California Environmental Quality Act findings - District 3
GENERAL ADMINISTRATION
County Executive Office:
  1. Approve amended price agreement Y1000000504 with American Management Systems, Inc. for perpetual software license ($32,325; new total $328,098.75) - All District
  2. Approve license with Westminster Housing Partners, L.P. for access to perform grading work, Westminster; and make California Environmental Quality Act findings - District 1
  1. Receive and file the External Restructuring Program Report for the County of Orange
END OF CONSENT CALENDAR
 
III. DISCUSSION ITEMS (Items 43-59)
At this time, members of the public may ask the Board to be heard on the following items as those items are called.
HEALTH CARE AGENCY
  1. Approve agreement 03-73041-000 with State Department of Mental Health for Consolidated Medi-Cal Mental Health services, 7/1/03 - 6/30/04 ($10,539,180) - All Districts
  2. Approve amended agreements with A.S. Foundation/Orange County ($32,391; new total $1,664,109), Delhi Center (decrease $8,845; new total $173,146) and Laguna Beach Community Clinic ($10,000; new total $227,545) for HIV services, 3/1/03 - 2/29/04 - All Districts
INTEGRATED WASTE MANAGEMENT DEPARTMENT
  1. Integrated Waste Management - Receive bids and award contract to C.W. Poss, Inc. for construction of Phase VII-A Expansion, Frank R. Bowerman Landfill ($12,745,346.50); and related budget adjustments - District 3 (4/5 vote)
JOHN WAYNE AIRPORT
  1. Receive bids and award contract to Griffith Company, Inc. for reconstruction of west perimeter road ($1,337,933.20) - District
  2. Terminate contract with JM Contracting, Inc.; approve agreement with Hensel Phelps Construction Company for completion of construction of Fire Station #33 ($5,997,500) - District 2
PUBLIC FACILITIES AND RESOURCES DEPARTMENT
  1. Approve plans and specifications and set bid opening for 11/19/03, 2:00 p.m., for asphalt overlay resurfacing of various streets; and make California Environmental Quality Act findings - Districts 1, 2, 3 & 4
  2. Approve agreement D02-096 with Southern California Edison Company for conversion of aerial transmission facilities to underground locations to facilitate construction for construction of Laguna Canyon Road ($2,637,000); and make California Environmental Quality Act findings - District 5
Acting as the Orange County Flood Control District:
  1. Approve Relocation Plan for Phase 1 of acquisition program for Prado Dam Construction Project; and make California Environmental Quality Act and other findings; Acting as the Board of Supervisors and Orange County Flood Control District - Adopt Relocation Assistance Program Appeal Procedure - All Districts
  2. Approve acquisition contract and accept grant deed from Estate of Carlota R. Gutierrez for purchase of property, Prado Dam basin area ($859,000); authorize payment of related fees; and make California Environmental Quality Act findings - All Districts
PUBLIC PROTECTION
Sheriff-Coroner:
  1. Approve agreement with All City Management Services for crossing guard services, 11/1/03 - 10/31/04 ($450,000); renewable for two additional years - All Districts
  2. Approve amended agreement with RS Elevator Corporation for maintenance and repair of elevators and escalators ($223,125; new total $1,163,401) - All Districts
  3. Approve amended agreement with Orange County Transportation Authority for law enforcement services, 7/1/03 - 6/30/08 ($3,766,712 per year) - All Districts
  GENERAL ADMINISTRATION
  County Executive Office:
 
  1. Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts
  2. Approve amended price agreement N1000004577 with Kryptec.Net - All Districts
  3. Approve price agreements N1000005455, 10/1/02 - 9/30/03 ($16,860 plus tax); renewable for two additional years and N1000005493, 3/31/03 - 3/30/04 ($123,998 plus tax); renewable for four additional years with BMC, Inc. for mainframe software licenses - All Districts
  4. Acting as the Orange County Development Agency - Approve Tax Allocation Refunding Bonds, Santa Ana Heights - District 2
  5. Registrar of Voters - Receive update on Statewide Special Election conducted on 10/7/03 - All Districts
 
IV. PUBLIC HEARINGS (Items 60-62)
9:30 A.M. OR AS SOON THEREAFTER
INTEGRATED WASTE MANAGEMENT DEPARTMENT
  1. Public Hearing to consider adopting resolution amending the County unincorporated area Non-Disposal Facility Element; authorize director to distribute adopted amendment to cities within 30 days and submit same to California Integrated Waste Management Board for approval - All Districts
  PUBLIC PROTECTION
 
  1. Probation - Public Hearing to consider adopting resolution approving revised fees to various recipients of Probation services; and make California Environmental Quality Act and other findings - All Districts
  GENERAL ADMINISTRATION
 
  1. County Executive Office - Acting as the Board of Supervisors - Public Hearing to consider adopting resolution amending part of Resolution 03-301 to establish Community Facilities District No. 2003-1 (Ladera Ranch), proposed rate and method of apportionment of special tax and proposed issuance of bonds; approve Facilities (Engineer's) Report; authorize levy of special tax, calling of an election; and making California Environmental Quality Act and other findings; Acting as the Community Facilities District No. 2003-1 (Ladera Ranch) - Adopt resolution determining the necessity to incur bonded indebtedness ($60,000,000) and calling of an election - District 5
 
V. CLOSED SESSION (Items CS-1-CS-3)
County Counsel:
CS-1. Closed Session CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a): Name of Case: Michael Beery v. County of Orange, OCSC No. 03CC02652
CS-2. Closed Session CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a): Name of Case: Madeline Robinson v. County of Orange, VNO 0310967; VNO 0318967; VNO 0398983
CS-3. Closed Session CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government Code Section 54956.9(c): Number of Cases: One Case
 
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.
ADJOURNED:
 
NEXT MEETINGS:
October 28, 2003 Regular Meeting
November 4, 2003 Regular Meeting
November 11, 2003 Canceled Meeting
 
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