A G E N D A

 

 

 

REGULAR MEETING OF THE BOARD OF SUPERVISORS

 

ORANGE COUNTY, CALIFORNIA              

 


Tuesday, January 28, 2014

9:30 A.M.

 

 

 

BOARD HEARING ROOM, FIRST FLOOR                  

 

333 W. Santa Ana Blvd., 10 Civic Center Plaza    

 

Santa Ana, California              

 

 

 

SHAWN NELSON                           

CHAIRMAN                               

Fourth District    

 

 

 

PATRICIA BATES                         

VICE CHAIRMAN                          

Fifth District     

 

 

 

JANET NGUYEN                           

SUPERVISOR                             

First District     

 

JOHN M.W. MOORLACH                     

SUPERVISOR                             

Second District    

 

 

 

TODD SPITZER                           

SUPERVISOR                             

Third District     

 

 

COUNTY EXECUTIVE OFFICER

COUNTY COUNSEL

CLERK OF THE BOARD

Michael B. Giancola

Nicholas S. Chrisos

Susan Novak

 

This agenda contains a brief description of each item to be considered. Except as provided by law, no action shall be taken on any item not appearing in the agenda.  To speak on an item, complete a Speaker Request Form(s) identifying the item(s) and deposit it in the box to the left of the podium. To speak on a matter not appearing in the agenda, but under the jurisdiction of the Board of Supervisors, you may do so during Public Comments at the end of the meeting. Speaker request forms must be deposited prior to the beginning of the consent calendar, the reading of the individual agenda items and/or the beginning of Public Comments.  When addressing the Board, it is requested that you state your name for the record.  Address the Board as a whole through the Chair.  Comments to individual Supervisors or staff are not permitted.  Speakers are limited to three (3) minutes per item with nine (9) minutes cumulative for the entire meeting.  Power Point and video presentations must be requested in advance of the meeting through the Clerk.

 

Supporting documentation is available for review in the Clerk of the Board of Supervisors office in the Hall of Administration, 333 W. Santa Ana Blvd., Room 465, Santa Ana, 92701 8:00 am - 5:00 pm, Monday-Friday. 

The Agenda is available online at: http://ocgov.com/gov/bos/agenda

Meetings are broadcast live at http://bos.ocgov.com/video/video.html

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In compliance with the Americans with Disabilities Act, those requiring accommodations for this   meeting should notify the Clerk of the Board's Office 72 hours prior to the meeting at (714) 834-2206

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INVOCATION:  Supervisor Bates, Fifth District

 

PLEDGE OF ALLEGIANCE:  Supervisor Nguyen, First District


 

 

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-40)

 

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

 

            Chairman Nelson:

 

1.

Acting as the In-Home Supportive Services Public Authority - In-Home Supportive Services Advisory Committee - Appoint Lisbeth Roberts, Anaheim, for term ending 12/31/14

 

2.

Law Library Board of Trustees - Reappoint Richard Price, Fullerton, and Linda Kawaguchi, Orange, for terms ending 12/31/14

 

ELECTED DEPARTMENT HEADS

 

3.

Assessor Department - Authorize use of County resources on refreshments for representatives attending Assessor's annual meeting with Cities, School Districts and Special Districts ($2000); and make appropriate findings - All Districts

 

            Auditor-Controller:

 

4.

Receive and file Semi-Annual Fund/Budget Control Report for 7/1/13 - 12/31/13 - All Districts

 

5.

Approve schedule of County Assets Physical Inventory Dates for calendar years 2014 and 2015 - All Districts

 

6.

Receive and file Internal Audit Quarterly Status Report for October - December 2013 - All Districts

 

            District Attorney:

 

7.

Approve purchase order PO-026-14011020 with Hitachi High Technologies America, Inc. for purchase of forensic equipment and maintenance services ($297,930); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts (Continued from 12/10/13, Item 6; 12/17/13, Item 8)
DELETED

 

8.

Approve agreement with City of Laguna Hills for prosecution of violators of city ordinances, 3/1/14 - 2/28/19 - District 5

 

            Sheriff-Coroner:

 

9.

Approve agreement CT-060-14010398 with Motorola, Inc. for purchase and installation of four MCC 7500 Console Systems for Samantha II Communications Trailer ($369,166); authorize Sheriff-Coroner or designee to execute agreement; and make California Environmental Quality Act findings - All Districts

 

10.

Approve agreement with Orange County Sanitation District for supplemental law enforcement services, 2/1/14 - 6/30/15; and authorize Sheriff-Coroner or designee to execute future agreements under same terms and conditions - District 2

 

11.

Ratify and approve amendment 1 to agreement MA-060-12011920 with Clyde E. Eaton dba Shear Associates for American with Disabilities Act (ADA) training, 6/25/12 - 6/24/13 ($5,525; new total $30,525); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

OC COMMUNITY RESOURCES

 

12.

Approve agreement MA-012-14010401 with Environmental Systems Research Institute, Inc. for Geographical Information Systems software licensing and maintenance support services, 1/28/14 - 1/27/17 ($226,500); renewable for one two-year term; and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

13.

Approve plans and specifications and set bid opening for 3/12/14, 2:00 p.m., for construction of Caspers Wilderness Park Water Line Replacement project; and make California Environmental Quality Act findings - District 5

 

14.

Approve Memorandum of Understanding for management of roads, trails and fire barriers on subject lands and urban wildlands in central and coastal Orange County; authorize Director of OC Parks to execute Memorandum of Understanding and any subsequent amendments; and make California Environmental Quality Act findings - All Districts

 

15.

Approve agreement MA-012-13012260 with Baker & Taylor, Inc. for collection analysis services for OC Public Library, 2/1/14 - 1/31/17 ($75,000); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

16.

Adopt resolution approving agreement FA-1316-22 and contractor/vendor confidentiality statement with State Department of Aging for Health Insurance Counseling & Advocacy Program services under California's Cal MediConnect demonstration, 12/1/13 - 5/1/16 ($105,266); authorize Director or designee to execute agreement and any subsequent amendments and to exercise contingency cost increase or decrease of 10% under certain conditions - All Districts

 

17.

Acting as the Board of Supervisors and Orange County Housing Authority - Approve agreement with MDRC to conduct Family Self-Sufficiency (FSS) Program Evaluation and receive and expend funds for costs related to participation in the FSS program evaluation ($40,000); and authorize Executive Director or designee to execute agreement and related documents - All Districts

 

18.

Acting as the Successor Agency to the Orange County Development Agency - Adopt Long Range Property Management Plan (LRPMP) and authorize submission of LRPMP to State Department of Finance by 2/1/14; direct staff to notify Board of any changes to LRPMP by State Department of Finance; and make California Environmental Quality Act findings - All Districts

 

OC PUBLIC WORKS

 

19.

Approve agreement 13-0160 with the State Department of Food and Agriculture for reimbursement of costs related to inspection of high-risk plant shipments, 7/1/13 - 6/30/14 ($103,649); authorize Director or designee to execute agreement; and make California Environmental Quality Act findings - All Districts

 

20.

Approve agreement C-3-2082 with Orange County Transportation Authority and City of Rancho Santa Margarita for Antonio Parkway Corridor Traffic Signal Synchronization Project ($207,594); and make California Environmental Quality Act findings - District 5

 

21.

Approve easement deed from City of San Juan Capistrano for continued operation and maintenance of storm drain facilities located at south-west corner of La Pata Avenue and Ortega Highway; and find that Final Environmental Impact Report 589, originally certified on November 8, 2004 and Addenda 1.0 and 1.1 reflect the independent judgement of the County of Orange and satisfy the requirements of California Environmental Quality Act - All Districts

 

22.

Receive bids and award contract to All American Asphalt for Riverside Drive and Redlands Drive Improvements project ($352,352) - District 2

 

23.

Approve amendment 2 to agreement MA-080-12011186 with A Lighting by Design, Inc. for lighting maintenance and repair services, 4/1/14 - 3/31/16 ($576,031.20); authorize Purchasing Agent or authorized deputy to execute agreement and to add expenditure limit clause; authorize Director or designee to approve additional work orders not to exceed $15,000 annually; and make California Environmental Quality Act findings - All Districts

 

24.

Approve amendment 1 to agreement MA-080-13011105 with Jonset Corporation, dba Sunset Property Services for janitorial services at Eckhoff Facilities, ($43,152.20; new total $208,192.20); authorize Purchasing Agent or authorized deputy to execute agreement; and make California Environmental Quality Act findings - District 3

 

25.

Approve plans and specifications and set bid opening for 3/12/14, 2:00 p.m., for Central Utility Facility to Campus Metering Project; and make California Environmental Quality Act findings - District 1

 

26.

Approve plans and specifications and set bid opening for 3/5/14, 2:00 p.m., for Gates Building Elevator Controls Replacement project; and make California Environmental Quality Act findings - District 1

 

            Acting as the Orange County Flood Control District:

 

27.

Authorize Director or designee to execute licenses of Orange County Flood Control District property when specific criteria are met for cost saving purposes; make California Environmental Quality Act findings - All Districts

 

28.

Approve plans and specifications and set bid opening for 3/5/14, 2:00 p.m. for Newland Storm Channel Improvement Project between East Garden Grove-Wintersburg Channel and Whitley Avenue; approve agreement D12-001 with City of Westminster for relocation of existing city owned utilities; approve agreement D12-018 with City of Westminster for ownership and maintenance responsibilities related to traffic improvements; and approve agreement D12-055 with City of Huntington Beach for modification to an existing city owned utility - Districts 1 and 2

 

29.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement D13-089 with LSA Associates for on-call habitat creation, restoration and enhancement services, three-year term ($400,000); and find that Final Environmental Impact Report 585, originally certified on September 18, 2007, with Addenda IP 08-457 and IP 09-269, provide adequate documentation under the California Environmental Quality Act - All Districts

 

SOCIAL SERVICES AGENCY

 

30.

Approve Memorandum of Understanding CGV2613/FCI-SSA-14 with Children and Families Commission of Orange County and accept $25,000 and approve agreement CGV2513 with Orangewood Children's Foundation ($113,400) for production of the 20th Annual Report on Conditions of Children in Orange County, 3/1/14 - 2/28/15; and authorize Director or designee to extend term of agreement CGV2513 for twelve additional months under same terms and conditions - All Districts

 

31.

Approve expenditures for drug patch testing services through subordinate agreements executed by Director under master agreement CDB0513, 1/1/14 - 6/30/14 ($225,000) - All Districts

 

GENERAL ADMINISTRATION

 

            Clerk of the Board:

 

32.

Approve initial Conflict of Interest Code for the Santiago Library System - All Districts

 

33.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Buena Park School District - Districts 2 & 4

 

34.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the South Orange County Community College District - Districts 2, 3 & 5

 

35.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Fountain Valley School District - Districts 1 & 2

 

36.

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

 

37.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Centralia School District and Magnolia School District - Districts 2 & 4 (Continued from 12/10/13, Item 42; 1/14/14, Item 8)

 

38.

Clerk-Recorder - Approve agreement MA-059-14011037 with SouthTech Systems, Inc. for software maintenance and technical support of computer applications, 2/1/14 - 1/31/17 ($523,282.79); and authorize Purchasing Agent or his authorized Deputy to execute agreement - All Districts

 

39.

County Executive Office - Approve renewal of standard loan agreement with Department of Navy, National Museum of Naval Aviation for loan of A-4M Skyhawk Aircraft for MCAS El Toro Memorial - All Districts

 

40.

Internal Audit - Receive and file Internal Audit Department Monthly Status Report for December 2013 - All Districts

END OF CONSENT CALENDAR

 


 

III.  DISCUSSION ITEMS (Items 41-64)

 

ELECTED DEPARTMENT HEADS

 

41.

Sheriff-Coroner - Approve amendment 3 to agreement MA-060-14010789 with Juguilon Medical Corporation for forensic pathology/autopsy services, 2/1/14 - 1/31/15 ($1,800,445); renewable for three additional one-year periods; and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

HEALTH CARE AGENCY

 

42.

Approve amendment 1 to agreement EPO 13-32 with State Department of Public Health for Center for Disease Control Public Health Emergency Preparedness Grant, State General Fund Pandemic Influenza Grant and Health and Human Services Hospital Preparedness Program funds, FY 2013-14 ($839,452; new total $4,490,159) - All Districts

 

43.

Approve Memorandum of Understanding with Children and Families Commission of Orange County for Research and Planning services, effective 2/1/14; and authorize Director or designee to execute MOU - All Districts

 

44.

Approve master Memorandum of Understanding with various providers for Project-Based Vouchered Mental Health Services Act Housing Projects; and authorize Director or designee to execute individual MOUs - All Districts

 

OC COMMUNITY RESOURCES

 

45.

Approve sponsor agreements OCP14-003 with Orange County Conservation Corps ($200,000) and CCC-96 and agreement addendum with California Conservation Corps ($75,000) for maintenance support of OC Parks, 2/1/14 - 1/31/15 with options to renew for three additional one-year periods; and authorize Director or designee to execute agreement addendums with California Conservation Corps for years two, three and four of sponsor agreement CCC-96; and make California Environmental Quality Act findings - All Districts

 

46.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Amending Sections 4-1-23 and 4-1-95 of the Codified Ordinances of the County of Orange to Amend the Definitions Applicable to Potentially Aggressive Dogs in the County and Make Various Other Amendments to Facilitate the Implementation of Safety Restrictions on Such Dogs" - All Districts (Continued from 9/17/13, Item 40; 10/1/13, Item 23; 11/5/13, Item 29; 12/17/13, Item 48; 1/14/14, Item 13)

 

47.

Declare emergency and make findings pursuant to Public Contract Code Sections 22035 and 22050(a)(1)(2); ratify purchasing agreement CT-012-14010413 with American Technologies, Inc., for emergency repairs at the Katie Wheeler Branch Library ($36,930.67); make California Environmental Quality Act findings and approve termination of emergency action - District 3 (4/5 vote of members present)

 

48.

Approve agreement C-3-1835 with Orange County Transportation Authority for federal New Freedom Program funds for Senior Non-Emergency Medical Transportation (SNEMT) program through 9/30/14 ($550,819); and authorize Director or designee to execute agreement; approve agreements with Horizon Cross Cultural Center ($109,459), Age Well Senior Services, Inc. ($114,478) and Abrazar, Inc. for SNEMT services, ($147,866) effective through 6/30/14; authorize Director or designee to execute agreements and to exercise contingency increase or decrease not to exceed 10% of contract amount - All Districts

 

OC PUBLIC WORKS

 

49.

Adopt resolution accepting Manchester/Lamoreaux Justice Center Roads into the Orange County Road System for future operation and maintenance; and make California Environmental Quality Act findings - District 3

 

50.

Receive bids and award contract to John S. Meek Company, Inc. for construction of Island Way Roadway and Bridge Rehabilitation project ($1,422,051) - District 5

 

51.

Approve amendment 1 to agreement with Jacobs Engineering Group, Inc. for Schematic and Design Development Phase on the Central Utility Facility Infrastructure Upgrade Project ($1,521,037; new total $2,044,617); and make California Environmental Quality Act findings - District 1

 

52.

Declare bid of Mehta Mechanical Company, Inc. dba MMC, Inc. to be non-responsive; receive bids and award contract to Plumbing, Piping & Construction, Inc. for Central Utility Facility Cooling Tower Removal and Upgrade of Condensate Piping project; and make California Environmental Quality Act findings - District 1

 

53.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreements D13-073 with Dudek, D13-074 with AECOM Technical Services, Inc. and D13-075 with ICF Jones & Stokes, Inc., for on-call environmental document preparation services, three-year terms ($400,000 each); and make California Environmental Quality Act findings - All Districts

 

SOCIAL SERVICES AGENCY

 

54.

Approve agreement CAM1913 with Mexican American Opportunity Foundation for early childhood education services, Tustin Family Campus Early Childhood Development Center, 3/1/14 - 6/30/16 ($1,035,010); authorize Director or designee to extend term up to twelve additional months under same terms and conditions and to submit child care center license application to State Department of Social Services Community Care Licensing Division - District 3

 

GENERAL ADMINISTRATION

 

            Human Resource Services:

 

55.

Consider severance request of Orange County Medical and Dental Association (OCMDA) and approve or deny unit modification request - All Districts

 

56.

Approve agreement with International City Management Association - Retirement Corporation (ICMA-RC) for administration of Health Reimbursement Arrangement program, 4/1/14 - 3/31/17; renewable for two additional one year periods; and authorize Assistant Human Resources Officer/Employee Benefits or designee to execute agreement - All Districts

 

            County Executive Office:

 

57.

Adopt resolution delegating authority to Chief Real Estate Officer or designee to execute revenue leases and licenses of County property that meet specific criteria and perform other activities; direct Chief Real Estate Officer or designee to submit an annual report to the Board; and make California Environment Quality Act findings - All Districts

 

58.

Approve in concept refunding of Orange County Development Agency Tax Allocation Refunding Bonds, Neighborhood Development and Preservation Project, Series 2001; and approve selection of KNN Public Finance as financial advisor, Stradling Yocca Carlson & Rauth as bond and disclosure counsel and E.J. De La Rosa & Co. as underwriter - All Districts

 

59.

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

 

60.

Approve grant applications/awards in 1/28/14 grant report and other actions as recommended - All Districts

 

61.

Approve Disposition and Development agreement with Lowe Enterprises Real Estate Group for entitlement and development of County properties at the former Marine Corps Air Station El Toro, Irvine; authorize Chief Real Estate Officer or designee to execute agreement and other related documents; and find Final Environmental Impact Report (EIR) 47782-GA & 47785-ZC, prepared and certified by the City of Irvine, reflect the independent judgment of the decision-maker and satisfy the requirements of CEQA for the reuse of MCAS El Toro, which is a necessarily included element contemplated as part of the larger action and satisfies requirements under California Environmental Quality Act - District 3

 

62.

Consider options for Public Administrator and Public Guardian positions; consider whether or not to adopt an ordinance consolidating the Office of Public Administrator with either Treasurer-Tax Collector, Clerk-Recorder, Sheriff-Coroner, or District Attorney; direct staff to take necessary steps to implement option including related budget adjustments to be effective with FY 2014-15 budget; and provide additional and/or alternate direction to staff - All Districts

 

63.

Appoint Michael Ryan as Director of Social Services Agency, effective 1/28/14 - All Districts

 

64.

Board of Supervisors - Election of 2014 Officers (Continued from 1/14/14, Item 20)

 

IV.  PUBLIC HEARINGS (Item 65)

 

OC COMMUNITY RESOURCES

 

65.

Public Hearing to consider adopting resolution approving OC Animal Care Fee Schedule update for all animal license fees, effective 2/1/14 and for all other fees, effective 1/1/14; rescinding Resolution 08-091; and making California Environmental Quality Act and other findings - All Districts (Continued from 12/10/13, Item 73; 1/14/14, Item 21)

 

V.   CLOSED SESSION (Items CS-1-CS-5)

 

The Board will break for lunch at approximately 12:00 PM and may consider closed session matters during that break.  The Board will then resume to handle any remaining business if necessary.

 

GENERAL ADMINISTRATION

 

            County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF  LITIGATION - Pursuant to Government Code Section 54956.9(d)(4):
Number of Cases:  One Case

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF  LITIGATION - Pursuant to Government Code Section 54956.9(d)(4):
Number of Cases:  One Case

 

CS-3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Voice of Orange County.org, et al. v. County of Orange, Orange County Superior Court Case No. 30-2012-00585774 (Continued from 1/14/14, Item SCS5)

 

            Human Resource Services:

 

CS-4.

PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957:
Title:  Director, Social Services Agency

 

CS-5.

CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Steve Danley
Employee Organizations:  Association of County Law Enforcement Management (ACLEM), American Federation of State, County and Municipal Employees (AFSCME), Association of Orange County Deputy Sheriffs (AOCDS), Alliance of Orange County Workers (AOCW), In-Home Supportive Services Provider Unit (IHSS) represented by United Domestic Workers of America (UDWA), International Union of Operating Engineers (IUOE), Orange County Attorneys Association (OCAA), Orange County Employees Association (OCEA) and other non-represented employees
RE:  Terms and Conditions of Employment

 

VI.  PUBLIC, CEO, 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.  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.

 

COUNTY EXECUTIVE OFFICER COMMENTS:

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

 

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, provide travel or member committee, commission reports; provided that NO action may be taken on off-agenda items unless authorized by law.

 

ADJOURNED:

 

 

 

NEXT MEETINGS:

February 4, 2014                        Regular Meeting
February 11, 2014                      No Scheduled Meeting
February 18, 2014                      No Scheduled Meeting