A G E N D A

 

 

 

REGULAR MEETING OF THE BOARD OF SUPERVISORS

 

ORANGE COUNTY, CALIFORNIA              

 


Tuesday, October 1, 2013

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 Spitzer, Third District

 

PLEDGE OF ALLEGIANCE:  Supervisor Moorlach, Second District


 

 

 

I.    PRESENTATIONS/INTRODUCTIONS (None Scheduled)

 

II.   CONSENT CALENDAR (Items 1-19)

 

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 Nguyen - Emergency Medical Care Committee - Appoint Ron S. Blaul, Seal Beach, to complete term ending 6/30/15

 

ELECTED DEPARTMENT HEADS

 

            Sheriff-Coroner:

 

2.

Approve modification P00005 to five year agreement DROIGSA -10-0001 with U.S. Immigration and Customs Enforcement (ICE) to amend ICE consolidated invoicing; and authorize Sheriff-Coroner or designee to execute modification - All Districts

 

3.

Approve agreement MA-060-14010409 with Motorola, Inc. to upgrade radio equipment for 800 MHz Countywide Coordinated Communications System, 10/1/13 - 9/30/14 ($495,497); authorize Sheriff-Coroner or designee to execute agreement; and make California Environmental Quality Act findings - All Districts

 

4.

Accept grant award from U.S. Department of Justice for Edward Byrne Memorial Justice Assistance Grant Program, FY 2013 ($420,826); approve form of agreement to transfer funds to participating cities; and authorize Sheriff-Coroner or designee to execute individual city agreements - All Districts

 

5.

Approve change order #1 to agreement with ISI Detention Contracting Group, Inc. to overhaul electric sliding doors, Central Men's and Women's Jails, Phase III ($169,687); authorize Sheriff-Coroner or designee to execute change order; and make California Environmental Quality Act findings - District 1

 

HEALTH CARE AGENCY

 

6.

Approve renewal of master agreement MA-042-13010056 as MA-042-13012007 with UMS, Inc. dba United Maintenance Systems for janitorial services, 11/1/13 - 10/31/14 ($171,000); renewable for one additional year; and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

7.

Approve Medi-Cal Administrative Activities/Targeted Case Management (MAA/TCM) Consortium Participation Agreement for FY 2013-14 and FY 2014-15 ($97,275 per year) with Marin County for participating in claiming process for MAA/TCM services reimbursements; and authorize Director or designee to execute agreement - All Districts

 

8.

Approve agreement with Coalition of Orange County Community Clinics for Health Exchange Outreach, Education and Assistance services, 10/15/13 - 12/31/14 ($310,000); and authorize Director or designee to execute agreement - All Districts

 

JOHN WAYNE AIRPORT

 

9.

Authorize Director to allocate regulated Class A average daily departures, seat capacity, remain overnight passenger capacity to schedule commercial passenger, cargo and commuter carriers under Phase 2 Commercial Airline Access Plan and Regulation for 2014 Plan Year; approve related actions; and find that Final Environmental Impact Report 582, and Addendum 582-1, as revised by Final Supplemental EIR 582, as certified on June 25, 2002, fully analyzed and disclosed the proposed project's environmental effects, and the proposed project would not have any environmental effects beyond those analyzed and disclosed in these environmental documents - District 2

 

OC COMMUNITY RESOURCES

 

10.

Approve agreements MA-012-14010229 with Landscape West Management Services, Inc. DBA Palo Verde Landscape Management Co. ($359,010) and MA-012-14010231 with So Cal Land Maintenance, Inc. ($150,347) for landscape maintenance services, Carbon Canyon, Clark and Tri-City Regional Parks, 10/1/13 - 9/30/14; renewable for four one-year periods; authorize Purchasing Agent or authorized Deputy to execute agreements; and make California Environmental Quality Act findings - Districts 4

 

11.

Approve easement deed to Irvine Ranch Water District for emergency overflow storm drain system for Baker Water Treatment Plant project across a portion of Serrano Creek Trail, Lake Forest; and find that Final EIR for Baker Water Treatment Plant, previously certified by Irvine Ranch Water District on 4/25/11, and FEIR Addendum 2 satisfies the requirements of California Environmental Quality Act - District 5

 

12.

Acting as the Board of Supervisors and Orange County Housing Authority - Approve agreement MA-012-14010297 with R. Craig Scott, John L Rosenthal, Esq., Laura Stewart and Gary I. Kusunoki for Hearing Officer services, 10/1/13 - 9/30/14, in an aggregate amount not to exceed $100,000 per year for all hearing officers; authorize Purchasing Agent or authorized Deputy to execute and renew agreement under same terms and conditions for four consecutive one-year terms not to exceed $100,000 per year - All Districts

 

13.

Acting as the Successor Agency to the Orange County Development Agency - Adopt Recognized Obligation Payment Schedule (ROPS), 1/1/14 - 6/30/14; authorize staff to submit ROPS to State Department of Finance and the State Controller's Office; and direct staff to notify Board of any changes made to ROPS by County Auditor-Controller, County's Oversight Board, State Department of Finance, and/or State Controller's Office; and make California Environmental Quality Act findings - All Districts

 

OC PUBLIC WORKS

 

14.

Approve Memorandum of Understanding with OneOC to provide service opportunities for participants in the County Court Referral Program - All Districts (Continued form 9/10/13, Item 19)

 

15.

Select various firms in ranked list for on-call professional specialty services; authorize Purchasing Agent or authorized Deputy to negotiate and execute individual agreements (not to exceed $100,000 each); and make California Environmental Quality Act findings - All Districts

 

16.

Relying upon Mitigated Negative Declaration IP 13-048 as compliance under the California Environmental Quality Act, approve assignment of agreement D08-075 from Lim & Nascimento Engineering to AECOM Technical Services, Inc. and amendment 1 to agreement D08-075 with AECOM Technical Services Inc., for the Edinger Avenue Bridge Replacement over Bolsa Chica Channel project, extending term to 10/1/16 - District 2

 

17.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement MA-080-14010184 with Habitat Restoration Sciences, Inc. for herbicide application services, 10/1/13 - 9/30/14 ($550,000); renewable for four additional years; authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - All Districts

 

OC WASTE & RECYCLING

 

18.

Approve agreement MA-299-14010389 with Civil Environmental Survey Group, Inc. for operation and maintenance services for water extraction systems and various conveyance systems, Central Region Landfills, 10/1/13 - 9/30/16 ($500,000); with option to renew for two additional one-year periods ($200,000 per year); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - Districts 2 & 3  

 

GENERAL ADMINISTRATION

 

19.

County Executive Office - Approve amendment 3 to agreement N1000010408 with Paetec Software Corp (previously Compco, Inc.) for unified billing and management solution, 10/28/13 - 10/27/14 ($18,000); renewable for one additional year ($20,000); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

END OF CONSENT CALENDAR

 


 

III.  DISCUSSION ITEMS (Items 20-32)

 

HEALTH CARE AGENCY

 

20.

Approve amendment 1 to agreement with American Correctional Solutions, Inc. for Direct Digital Radiology services ($257,084; new total $4,889,612); and authorize Director or designee to execute amendment - All Districts

 

ELECTED DEPARTMENT HEADS

 

21.

Sheriff-Coroner - Approve amendment 5 to agreement with Orange County Transportation Authority for addition of enhanced patrol using specialized resources including Sheriff's Department Mounted Unit Enforcement, 10/1/13 - 6/30/14; and approve amended FY 2013-14 charges with OCTA for law enforcement, special and supplemental services, 7/1/13 - 6/30/14 ($5,668,327) - All Districts

 

JOHN WAYNE AIRPORT

 

22.

Approve amended license agreement for General Aviation Tie-Down/Hangar License; establish shade cover tie-down monthly rate of $160, effective 11/1/13; authorize Director to execute agreement and related documents and make necessary changes under certain conditions; and make California Environmental Quality Act and other findings - Districts 2

 

OC COMMUNITY RESOURCES

 

23.

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 of "Vicious Dog" and "Potentially Dangerous Dog" and Make Various Other Amendments to Facilitate the Implementation of Safety Restrictions on Vicious and Potentially Dangerous Dogs"; and authorize Director of OC Animal Care to establish a website, accessible to the public, listing the address of each dog that has been declared vicious or potentially dangerous under Section 4-1-95 - All Districts (Continued from 9/17/13, Item 40)

 

24.

Approve amendment 2 to agreement MA-012-1201009 with Merchants Landscape Services, Inc. for landscape maintenance services at Irvine, Yorba, Mile Square, Laguna Niguel and Mason Regional Parks, 9/1/13 - 8/31/14 ($1,642,869); and authorize Purchasing Agent or authorized Deputy to execute amendment; and make California Environmental Quality Act findings - Districts 1, 3 & 5

 

25.

Approve agreement MA-012-14010366 with West Coast Arborists, Inc. for tree trimming services, 10/1/13 - 6/17/14 ($750,000) renewable for four additional years, ($750,000 first renewal; $600,000 second renewal; $450,000 third renewal; & $450,000 fourth renewal); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - All Districts

 

OC PUBLIC WORKS

 

26.

Receive bids and award Job Order Contract to PUB Construction for general contracting services ($2,000,000); and make California Environmental Quality Act findings - All Districts

 

27.

Approve acquisition contract and accept grant deed from The Kanavos Family Trust for purchase of real property at 16516 Euclid Avenue, Chino ($765,000); authorize Director or designee to execute all necessary documents and make minor modifications; authorize Auditor-Controller to make related payments; and find that Final Environmental Impact Report 583, Prado Dam - Kanavos Property Acquisition, originally certified on December 19, 2001, provide adequate documentation under the California Environmental Quality Act - All Districts

 

PUBLIC PROTECTION

 

28.

Public Defender - Approve 5 lease agreements with Civic Center, LLC for office space at 600 W. Santa Ana Blvd., Suites 111, 115, 501, 600, 705 and 1000, Santa Ana; authorize Chief Real Estate Officer or designee to terminate lease at 901 Civic Center Dr., Suite 200, Santa Ana; and make California Environmental Quality Act findings - District 1

 

GENERAL ADMINISTRATION

 

            County Executive Office:

 

29.

Approve Performance Incentive Award to Xerox State and Local Solutions, Inc. for agreement year 13 based on end user survey results ($108,972.24) - All Districts

 

30.

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

 

31.

Approve grant applications/awards submitted by Sheriff-Coroner and ratify retroactive grant application/award submitted by District Attorney in 10/1/13 grant report and other actions as recommended; adopt resolution authorizing District Attorney or designee to execute grant agreements and amendments with State Emergency Management Agency (CalEMA) for Victim/Witness Assistance Program, 7/1/13 - 6/30/14 ($1,044,013); and make California Environmental Quality Act and other findings - All Districts

 

32.

Human Resource Services - Approve agreement with Mercer Investment Consulting, Inc. for investment consultant services, 11/19/13 - 11/18/16; renewable for an additional two-years; and authorize Assistant Human Resources Officer/Employee Benefits to execute agreement - All Districts

 

IV.  PUBLIC HEARINGS (None Scheduled)

 

V.   CLOSED SESSION (Items CS-1-CS-15)

 

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 - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Aileen Silvas v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 1608296, 2153249 and 3820950

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Renee Archey v. County of Orange, Workers' Compensation Appeal Board Case No. ADJ 2321997

 

CS-3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Diane Berwanger v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 4448620, 4439952, 2839615, 118602, 1888788, 347609, and 6709727

 

CS-4.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Jean Bolinger v. County of Orange, Workers' Compensation Appeal Board Case No. ADJ 3586934

 

CS-5.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Nancy Courtney v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 3034693 and 689172

 

CS-6.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Rick Del Rio v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 1227992 and 2612452

 

CS-7.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Ronald Fontanilla v. County of Orange, Workers' Compensation Appeal Board Case No. ADJ 976752

 

CS-8.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Rodolfo Garcia v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 6815096, 2889205, and 4188593

 

CS-9.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Michael Gutierrez v. County of Orange, Workers' Compensation Appeal Board Case No. ADJ 2161222

 

CS-10.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  David Hartman v. County of Orange, Workers' Compensation Appeal Board Case No. ADJ 8098670

 

CS-11.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Pamela Lambert v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 1434713, 500362, and 1652027

 

CS-12.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Fred Lisanti v. County of Orange, Workers' Compensation Appeal Board Case No. ADJ 3409514

 

CS-13.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Thomas Lucas v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 839783 and 840794

 

CS-14.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Patrick Przybyla v. County of Orange, Workers' Compensation Appeal Board Case Nos. ADJ 7146212, 7146183, 4688784 and 4385954

 

CS-15.

Human Resource Services - 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:

October 8, 2013                          Regular Meeting
October 15, 2013                        No Scheduled Meeting
October 22, 2013                        Regular Meeting