REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, May 4, 1999

BOARD HEARING ROOM, FIRST FLOOR

10 Civic Center Plaza

Santa Ana, California

 

CHARLES V. SMITH

CHAIRMAN

First District

 

THOMAS W. WILSON

VICE CHAIRMAN

Fifth District

TODD SPITZER

SUPERVISOR

Third District

JAMES W. SILVA

SUPERVISOR

Second District

CYNTHIA P. COAD

SUPERVISOR

Fourth District

 

COUNTY EXECUTIVE OFFICER

COUNTY COUNSEL

CLERK OF THE BOARD

Janice M. Mittermeier

Laurence M. Watson

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. 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 A.M.

INVOCATION: Supervisor Wilson, Fifth District

PLEDGE OF ALLEGIANCE: Supervisor Coad, Fourth District

I N D E X

I. PRESENTATIONS/INTRODUCTIONS Page 2

II. CONSENT CALENDAR (Items 1-42) Page 2

III. DISCUSSION ITEMS (Items 43-52) Page 6

(Item 56) Page 9

IV. PUBLIC HEARINGS (Items 53-55) Page 7

V. CLOSED SESSION (Items CS-1-CS-2) Page 8

VI. PUBLIC & BOARD COMMENTS Page 8

VII. ADJOURNMENT Page 9

 

 

I. PRESENTATIONS/INTRODUCTIONS

Chairman Smith will introduce The Honorable Yury V. Popov, Consul General of The Russian Federation

 

Chairman Smith will present a resolution proclaiming May 5, 1999 as "Nurse Recognition Week"

 

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. Chairman Smith - Appoint Ruben Alvarez, Jr., Santa Ana, to the Overall Economic Development Program Committee to complete a term ending 7/1/00

 

Supervisor Spitzer:

2. Reappoint Henry Merlin, Santa Ana, to the North Tustin Advisory Committee for a term ending 4/1/02

 

3. Reappoint Gail Michelson, Santa Ana, to the North Tustin Advisory Committee for a term ending 4/1/02

 

4. Reappoint Richard Wagner, Santa Ana, to the North Tustin Advisory Committee for a term ending 4/1/02

 

COMMENDATIONS/PROCLAMATIONS

Chairman Smith:

5. Adopt resolution proclaiming May 16-22, 1999 as "Emergency Medical Services Week"

 

6. Adopt resolution recognizing Gates Elementary School, its students, parents, teachers, staff and administrators for their combined efforts in developing a safe school community respectful of society's diversity

 

7. Adopt resolution recognizing Sycamore Jr. High School, its students, parents, teachers, staff and administrators for their combined efforts in developing a safe school community respectful of society's diversity

 

8. Adopt resolution recognizing Brookhurst Jr. High School, its students, parents, teachers, staff and administrators for their combined efforts in developing a safe community respectful of society's diversity

 

9. Adopt resolution recognizing Washington Middle School, its students, parents, teachers, staff and administrators for their combined efforts in developing a safe school community respectful of society's diversity

 

10. Adopt resolution recognizing Huntington Beach High School, its students, parents, teachers, staff and administrators for their combined efforts in developing a safe school community respectful of society's diversity

 

11. Adopt resolution proclaiming May 10-16, 1999 as "Juror Appreciation Week"

 

12. Adopt resolution commending Captain G. Mc Coy and the Santa Ana Police Department in the establishment of Santa Ana Safe Medicines Coalition

 

Supervisor Silva:

13. Adopt resolution recognizing Dr. Peter G. Anderson for his outstanding achievement in being named Physician of the Year by the Orange County Medical Association

 

14. Adopt resolution proclaiming May 24-31, 1999 as "National Beach Safety Week"

 

HOUSING AND COMMUNITY DEVELOPMENT

15. Approve revised standardized agreements and exhibits for U.S. Department of Housing and Urban Development housing program projects; and authorize the Director to execute individual agreements with subrecipients for FY 1999-00 projects and in subsequent years and for prior years amended projects where applicable - All Districts

 

INTEGRATED WASTE MANAGEMENT DEPARTMENT

16. Approve exclusive franchise agreement with Ware Disposal Co., Inc. for commercial solid waste handling services, unincorporated Franchise Area Five; and make California Environmental Quality Act findings - District 3

 

JOHN WAYNE AIRPORT

17. Approve lease with Federal Aviation Administration for continued operation and maintenance of the visual approach slope indicator for runway 19R; and make California Environmental Quality Act and other findings - District 5

 

18. Approve leases with United Parcel Service Co. (PM 1121-330-5) and Federal Express Corporation (PM 1121-330-6) for continuation of all-cargo air service operations and make appropriate findings - District 5 (4/5 vote)

 

ORANGE COUNTY PUBLIC LIBRARY

19. Approve lease with Silverado Partners for operation of Silverado Branch Library; and make California Environmental Quality Act and other findings - District 3

 

PLANNING AND DEVELOPMENT SERVICES

20. Approve Tract 15626, Taylor Woodrow Homes, Inc., Ladera area; approve dedication for street purposes; approve construction agreement S299-2612 and accept bonds guaranteeing construction improvements - District 5

 

21. Approve Tract 15526, Shea Homes Limited Partnership, Aliso Viejo area; approve easement for aircraft operations, sound, air space, and avigation; approve dedication for vehicular access; approve construction agreements S499-2630 to accept bond guaranteeing monumentation and D99-039 to accept check for two traffic signals - District 5

 

PUBLIC FACILITIES AND RESOURCES DEPARTMENT

22. Receive bids and award contract to K.A.S. Equipment & Rental, Inc. for construction of access ramps/curb and gutter, Rossmoor area ($104,501) - District 2

 

23. Approve plans and specifications and set bid opening for 5/26/99, 2:00 p.m., for maintenance of traffic signals in unincorporated area and contract cities - All Districts

 

24. Accept work and approve notice of completion, Gueno Development Co. Inc., for construction of Antonio Parkway, Phase IV; project completed 3/26/99 ($1,302,248) - District 5

 

25. Approve agreement D98-027 with San Diego Gas & Electric (SDG&E) for relocation of SDG&E facility, Antonio Parkway Phase II - District 5

 

26. Approve price agreement N1000001711 with Arroyo Associates, Inc. for transportation internal service fund rate study ($36,000) - All Districts

 

27. Approve price agreement N1000001802 with Protection Services, Ind. for monitor and repair of leased audio-intrusion security systems, Harbors, Beaches and Parks, Coastal and Historical facilities, 5/1/99 - 4/30/00 ($28,680); and make California Environmental Quality Act findings - All Districts

 

28. Approve agreements D97-038 and D97-053 with San Diego Gas & Electric (SDG&E) for installation of SDG&E facilities, Antonio Parkway, Phase II and III - District 5

 

Acting as the Orange County Flood Control District:

29. Accept work and approve notice of completion, KEC Engineering for construction of Talbert Channel, Huntington Beach; project completed 3/26/99 ($4,254,876) - District 2

 

30. Approve purchase of vehicle from Fairway Ford to be used by construction and contract administration ($30,316) - All Districts

 

31. Adopt resolution vacating flood plain easement and adjacent ingress, egress, utility and drainage easement located within Tract 14369, Villa Park; and make California Environmental Quality Act findings - District 3

 

SOCIAL SERVICES AGENCY

32. Approve Memorandum of Understanding with California VACS Association to continue participation in a consortium of counties implementing the Ventura Automated Collections Systems ($5,500), 7/1/98 - 6/30/99 - All Districts

 

 

 

 

PUBLIC PROTECTION

33. Probation - Approve agreement with City of Fullerton for indemnification in the operation of City vehicles used by County employees - District 3

 

GENERAL ADMINISTRATION

County Executive Office:

34. Approve revised Telecommunications Internal Service Fund billing rates FY 1999-2000, effective 7/1/99 - All Districts

 

35. Acting as the South Orange County Public Financing Authority and Community Facilities Districts 87-5E (Rancho Santa Margarita), 87-6 (Baker Ranch), 87-7 (Los Alisos) 87-9 (Santa Teresita) and Board of Supervisors - Approve agreements for various financing teams in connection with Mello-Roos, Special Tax Revenue Bond Series A of 1999 and Special Tax Revenue Bonds, Series D - Districts 3 and 5

 

36. Approve Records Control Schedules 10B, 11B, 12B, 13B, 14B, 15B, 116C, 278A, 279A, 280A, 281A, 282A, 283A, 284A, 285A, 286A, 287A, 288A, 289A, 290A, 291A, 294A, 295A, and 296A for implementation by the County Executive Office - All Districts

 

37. Acting as the Board of Supervisors and Community Facilities District 87-4 (Foothill Ranch) - Approve amendment to the acquisition, funding and disclosure agreement of 1997 to permit expenditure of funds for improvements to Saddleback Valley Unified School District property - District 3

 

38. Approve Records Control Schedules 60B for implementation by County Counsel - All Districts

 

39. Registration/Elections - Approve plans and specifications and set bid opening for 6/9/99, 2:00 p.m. for construction of sealing concrete floor and installing carpet, Santa Ana - All Districts

 

Chairman Smith:

40. Approve Community Social Program Grant funds to Fountain Valley Little League; approve related budget adjustments and make appropriate findings, 5/4/99 - 6/30/99 ($1,000)

 

41. Approve Community Social Program Grant funds to Anti-Defamation League; approve related budget adjustments and make appropriate findings, 5/4/99 - 6/30/99 ($1,500)

 

42. Approve Community Social Program Grant funds to Coastline Community College; approve related budget adjustments and make appropriate finding, 5/4/99 - 6/30/99 ($10,000)

 

END OF CONSENT CALENDAR

 

III. DISCUSSION ITEMS (Items 43-52)

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

43. Approve plans and specifications and set bid opening for 6/2/99, 2:00 p.m., for replacement of roof, Public Health Clinic, Santa Ana - All Districts

 

PLANNING AND DEVELOPMENT SERVICES

44. Consider second reading and adoption of "An Ordinance of the County of Orange, California Establishing Administrative Procedures for Civil Fines for County Code Violations by Adding Subarticle 2 - Civil Fines"; adopt resolution establishing schedule of fines for grading code violations; authorize Director to prepare amendments to the Nuisance Abatement Ordinance and zoning, grading and building codes, FY 1999/2000 budget augmentation and negotiate contracts with Orange County Employees Retirement System and Housing and Community Development hearing officers - All Districts (first reading 4/13/99, Item 52; continued from 4/20/99, Item 41; 4/27/99, Item 24 )

 

PUBLIC FACILITIES AND RESOURCES DEPARTMENT

45. Approve and adopt revised Transportation Internal Service Fund billing rates for FY 1998-99 to recover costs - All Districts (Continued from 4/20/99, Item 42)

 

46. Approve agreement D99-003 with MRF Geosystems Corporation for public records conversion project Phase I ($600,000); and approve assignment agreement with MRF Geosystems Corporation and Canadian Commercial Corporation - All Districts

 

47. Approve amended agreement D96-161 with California Department of Transportation for maintenance on a portion of SR-73 (San Joaquin Hills Transportation Corridor) ($250,000; new total $750,000); and approve related budget adjustments - District 5 (4/5 vote)

 

SOCIAL SERVICES AGENCY

48. Approve Options for Recovery Perinatal Program Foster Care Component Plan for foster parent support services; approve amendment to agreement CHH. 1398 with Orangewood Children's Foundation for respite care services, through 10/31/99 ($188,855; new total $411,964); and approve payments for eligible child care services - All Districts

 

GENERAL ADMINISTRATION

County Executive Office:

49. Approve FY 1998-99 Third Quarter Budget Report and make related budget adjustments - All Districts (4/5 vote)

 

50. Approve submission of Action Plan for Affordable Housing Strategy; direct Housing and Community Development to return to the Board within 120 days with a progress report - All Districts

 

Supervisor Spitzer:

51. Adopt resolution approving initiation of Midbury Community Annexation

 

52. Approve Board policy options regarding restaurant rating plan implementation

 

IV. PUBLIC HEARINGS (Items 53-55) 9:30 A.M. OR AS SOON THEREAFTER

INTEGRATED WASTE MANAGEMENT DEPARTMENT

53. Public Hearing to consider approving exclusive franchise agreement with C. R. & R., Inc. for solid waste handling services, Franchise Area One, Rossmoor; and make California Environmental Quality Act findings - District 2 (Continued from 12/15/98, Item 60; 2/2/99, Item 40; 3/2/99, Item 39; 4/6/99, Item 35)

 

PLANNING AND DEVELOPMENT SERVICES

54. Adopt resolution reducing building inspection, plan checking and certain repeat plan check fees - All Districts

 

PUBLIC FACILITIES AND RESOURCES DEPARTMENT

55. Public Hearing to consider adopting resolution approving extension of Media One cable television franchise to 5/13/02; and waive the 45-day waiting period requirement in Section 5-4-7 of the Codified Ordinances - District 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

V. CLOSED SESSION (Items CS-1-CS-2)

County Counsel:

CS-1. CONFERENCE WITH LEGAL COUNSEL -- PENDING LITIGATION: County Counsel requests a closed session to brief the Board of Supervisors on the status of pending litigation pursuant to Government Code Section 54956.9(a). The cases are: In re Debtor County of Orange, USBC CDC Case No. SA 94-22272-JR; County of Orange, et. al. v. Merrill Lynch & Co., etc., et al., Adversary Case No. SA 95-1045-JR; County of Orange v. KPMG Peat Marwick, et al., Adversary Case No. SA 95-2424-JR; County of Orange v. Rauscher Pierce Refsnes, Inc., Adversary Case No. SA 96-1623-JR; County of Orange v. Standard & Poors, et. al., Adversary Case No. SA 96-1624-JR; County of Orange v. Student Loan Marketing Association, Adversary Case No. SA 96-1625-JR; County of Orange v. LeBoeuf, Lamb, Greene & MacRae, Adversary Case No. SA 96-1626-JR; County of Orange, et. al. v. Fuji Securities, Inc., Adversary Case No. SA 96-01959-JR County of Orange, et. al.v. Morgan Stanley & Co., Inc., Adversary Case No. SA 96-1627-JR; County of Orange, et. al. v. Federal Home Loan Bank of Boston, et al., Adversary Case No. 96-02187; County of Orange, et al. v. Federal National Mortgage Association, Adversary Case No. 96-02188; County of Orange v. Brown & Wood, etc., et al., Adversary Case No. 96-02189; County of Orange, et al. v. Agamerica, et al., Adversary Case No. 96-02190; County of Orange, et al. v. BA Securities, Inc., Adversary Case No. 96-02191; County of Orange, et al. v. Bear Stearns & Co., Inc., Adversary Case No. 96-02192; and County of Orange, et al. v. Paribas Corp., Adversary Case No. 96-02194 - All Districts (Continued from 4/27/99, CS1)

 

 

CS-2. CONSULTATION WITH LEGAL COUNSEL - THREAT TO PUBLIC SERVICES OR FACILITIES: County Counsel requests a closed session for the Board of Supervisors to consult with Sheriff-Coroner Michael Carona, or his designee, pursuant to Government Code Section 54957 - All Districts

 

VI. PUBLIC & BOARD 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. Comment 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.

 

 

 

RECESS:

1:30 P.M.

 

 

 

GENERAL ADMINISTRATION

56. County Executive Office - Study Session regarding development of Children and Family First Ordinance (Proposition 10) - All Districts

 

VII. ADJOURNMENT