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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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ORANGE COUNTY, CALIFORNIA |
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BOARD HEARING ROOM, FIRST FLOOR |
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333 W. Santa Ana Blvd., 10 Civic Center
Plaza |
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Santa Ana, California |
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SHAWN NELSON CHAIRMAN Fourth District |
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PATRICIA BATES VICE CHAIRMAN Fifth District |
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JANET NGUYEN SUPERVISOR First District |
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JOHN M.W. MOORLACH SUPERVISOR Second District |
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TODD SPITZER SUPERVISOR Third District |
ATTENDANCE: Supervisors
Moorlach, Spitzer, Nelson & Bates
EXCUSED: Supervisor
Nguyen
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PRESENT: |
INTERIM COUNTY
EXECUTIVE OFFICER |
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Robert J. Franz |
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COUNTY COUNSEL |
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Nicholas S.
Chrisos |
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CLERK OF THE BOARD |
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Susan Novak |
INVOCATION:
Supervisor Bates, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE: Chairman Nelson, Fourth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-32)
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25134 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 8 WHICH WAS CONTINUED TO 3/5/13, 9:30 A.M.; AND ITEMS 13, 28, 31
& 32 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Nelson: |
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1. |
Law
Library Board of Trustees - Reappoint Richard Price, Fullerton and
appoint Linda Kawaguchi, Orange, for terms ending 12/31/13 |
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2. |
Assessment
Appeals Board No. 1 - Appoint Paul Jenican, Fullerton, to complete term
ending 9/6/15 |
DEPARTMENT APPOINTMENTS
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3. |
Health Care Agency - Alcohol
& Drug Advisory Board - Reappoint Lorraine Martinez, Garden Grove,
for term ending 10/18/15 and Alin Hamade, Westminster, for term ending
12/3/15 - All Districts |
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4. |
OC Community Resources - Orange
County Workforce Investment Board - Appoint Dr. Loretta P. Adrian, Costa
Mesa, to complete term ending 12/31/14 - All Districts |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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5. |
Approve
amendment 1 to agreement MA-060-13010460 with Intoximeters Incorporated
for Alco-Sensor Instruments parts and accessories, term ending 10/21/13
($31,000; new total $70,000); renewable for four additional one-year periods;
and authorize Purchasing Agent or authorized Deputy to execute amendment -
All Districts |
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6. |
Approve
plans and specifications and set bid opening for 4/3/13, 2:00 p.m., for
replacement of kitchen floor, floor drains and waste lines at Intake Release
Center (IRC); and make California Environmental Quality Act findings -
District 1 |
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7. |
Approve
plans and specifications and set bid opening for 4/3/13, 2:00 p.m., for
overhaul of electric sliding doors, Phase III, Central Men's and Women's
Jails; and make California Environmental Quality Act findings - District 1 |
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8. |
Approve
agreement MA-060-13011270 with Satellite Tracking of People, LLC for
continuous GPS electronic monitoring services and equipment, 2/26/13 -
2/25/14 ($520,125); renewable for four additional one-year periods; and
authorize Purchasing Agent or authorized Deputy to execute agreement - All
Districts |
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25134 |
CONTINUED
TO 3/5/13, 9:30 A.M. |
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9. |
Approve
plans and specifications and set bid opening for 4/3/13, 2:00 p.m., for
East Kitchen Rehabilitation project, James A. Musick Facility; and make
California Environmental Quality Act findings - District 3 |
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10. |
Approve
plans and specifications and set bid opening for 4/3/13, 2:00 p.m., for
replacement of HVAC water lines, Central Men's Jail; and make California
Environmental Quality Act findings - District 1 |
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11. |
Approve
agreement MA-060-13010844 with Collaborative Testing Services, Inc. for
forensic test samples, 2/26/13 - 9/30/13 ($8,500); renewable for five
additional one-year periods ($17,500 per year); and authorize Purchasing
Agent or authorized Deputy to execute agreement - All Districts |
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12. |
Ratify
and approve amendment 1 to agreement MA-060-12010599 renewing as
MA-060-13010732, assigning from Applied Biosystems LLC to Life Technologies
Corporation for maintenance of genetic analyzers, 11/1/12 - 10/31/13
($32,838); and authorize Purchasing Agent or authorized Deputy to execute
amendment - All Districts |
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13. |
Treasurer-Tax Collector - Approve
agreement with City of Westminster for water billing and payment
processing services, 3/1/13 - 2/28/18; and authorized Treasurer-Tax Collector
to execute agreement - District 1 |
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35124 |
CONTINUED TO 4/16/13, 9:30 A.M. |
HEALTH CARE AGENCY
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14. |
Approve
Memorandum of Agreement with The Regents of the University of California
for behavioral health screening, brief intervention and referral to treatment
services for UC Irvine Family Health Center-Santa Ana, through 6/30/14
($44,554); and authorize Director or designee to execute agreement - All
Districts |
JOHN WAYNE AIRPORT
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15. |
Approve
agreement with Toltz, King, Duvall, Anderson & Associates, Inc. for
preparation of design documents and bidding and construction administrative
services for Runway Re-designation project ($159,100); and make California
Environmental Quality Act findings - District 2 |
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16. |
Approve
agreement with Transportation Security Administration (TSA) for funding of
Checked Baggage Recapitalization Screening Design Services project for
Terminal A; approve agreement with BNP Associates for design and construction
support services for Terminals A & B Baggage Handling Systems Enhancement
project ($571,294); authorize Director or designee to execute TSA agreement
and future TSA related agreements; and make California Environmental Quality
Act findings - District 2 |
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17. |
Receive
and file staff report regarding "in house" option for Aircraft
Rescue and Fire Fighting (ARFF) services; receive and file results of
Statement of Qualifications for ARFF services; and make California
Environmental Quality Act findings - District 2 |
OC COMMUNITY RESOURCES
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18. |
Approve
amendment 2 to agreement OCP10-006 with GHD, Inc. for on-call civil
engineering services, term ending 3/15/15; approve amendment 1 to agreement
OCP10-007 with RBF Consulting for on-call environmental, regulatory &
permitting services, term ending 5/3/15; approve amendment 1 to agreement
OCP10-008 with RJM Design Group for on-call landscape architecture services,
term ending 5/3/15; approve amendment 2 to OCP10-013 with AECOM for on-call
contract administration and contract management services, term ending
5/24/15; and make California Environmental Quality Act findings - All
Districts |
OC PUBLIC WORKS
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19. |
Receive
bids and award contract to National Demolition Contractors for demolition
services ($500,000); and make California Environmental Quality Act findings -
All Districts |
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20. |
Approve
Tract Map 17058, RMV Community Development, LLC and Ryland Homes of
California, Inc.; accept dedication for street purposes and vehicular access
rights; accept easements for street lights, sewer and water and survey
monumentation; approve agreement S1112-163 and accept bonds guaranteeing
construction improvements; and make California Environmental Quality Act
findings - District 5 |
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21. |
Approve
license agreement with the Department of the Navy for access to groundwater
monitoring wells on unincorporated County property; authorize Director or
designee to perform related duties; and make California Environmental Quality
Act Findings - District 3 |
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22. |
Approve
Tract Map 17462, RMV Community Development, LLC and Pulte Home Corporation;
accept dedication for street purposes and vehicular access rights; accept
easements for street lights, sewer and water and survey monumentation;
approve agreement S1112-165 and accept bonds guaranteeing construction
improvements; and make California Environmental Quality Act findings -
District 5 |
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23. |
Approve
plans and specifications and set bid opening for 3/27/13, 2:00 p.m., for
Youth Guidance Center Main Building-Kitchen/Dining Upgrade Project; and
make California Environmental Quality Act findings - District 1 |
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24. |
Receive
and file Traffic Committee Report dated 12/13/12; approve recommendations;
adopt necessary resolution; and make California Environmental Quality Act
findings - Districts 3 and 5 |
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RESO: 13-013 |
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25. |
Declare
bid of Excavating Engineers Inc., T. W. Contracting Inc. and C.S. Legacy
Construction to be non-responsive; receive bids and award contract to
Patriot Contracting and Engineering Inc. for construction of San Juan Creek
Bike Trail ($540,405); authorize Auditor-Controller to make related payments;
and make California Environmental Quality Act findings - District 5 (RA #6
4/5 vote of members present) |
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26. |
Approve
agreement MA-080-13011105 with Jonset Corporation, dba Sunset Property
Services for janitorial services at Social Services Agency Eckhoff
Facilities, 3/1/13 - 2/28/14 ($165,040); renewable for four additional years;
and make California Environmental Quality Act findings - District 3 |
OC WASTE & RECYCLING
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27. |
Approve
plans and specifications and set bid opening for 3/27/13, 2:00 p.m., for
Pavement Rehabilitation project, Olinda Alpha Landfill; and make
California Environmental Quality Act findings - District 4 |
GENERAL ADMINISTRATION
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County
Executive Office: |
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28. |
Approve
amendment to Orange County Employees Retirement Systems Bylaws concerning
election of its officers and other administrative procedures - All Districts |
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32154 |
APPROVED
AS RECOMMENDED |
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29. |
Approve
amendment 1 to agreement MA-017-11011954 with Finite Matters Ltd. for
PatternStream software maintenance, 3/14/13 - 3/13/14 ($3,400); renewable for
two additional one-year periods; and authorize Purchasing Agent or authorized
Deputy to execute amendment - All Districts |
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30. |
Approve
amended agreement with Scott & Whitehead, R. Craig Scott for
personnel investigative services, 9/28/12 - 9/27/13 ($15,000; new total
$39,000); approve amended agreement with Norman Traub for personnel
investigate services, 8/16/12 - 8/16/13 ($25,000; new total $49,000); and
authorize Purchasing Agent or authorized Deputy to execute agreements - All
Districts |
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31. |
Human Resource Services - Reappointment
of Nicholas S. Chrisos as County Counsel, effective 4/1/13 - All
Districts |
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45123 |
APPROVED AS RECOMMENDED |
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32. |
Internal Audit - Receive
and file Internal Audit Department Monthly Status Report for January 2013
- All Districts |
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34125 |
APPROVED AS RECOMMENDED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 33-S51A)
ELECTED DEPARTMENT HEADS
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Assessor Department: |
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33. |
Approve
Joint Powers agreement with other California County Assessors and the Board
of Equalization for e-Forms Network Group, effective 3/1/13 - 6/30/16;
and authorize Assessor or designee to execute agreement; renewable for one
additional year - All Districts |
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24135 |
APPROVED
AS RECOMMENDED |
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34. |
Approve
amendment 1 to agreement MA-002-12011886 with Napoleon Dogaru, dba Modern
eConcepts for technical system services and application support of the
Assessment Tax System, 7/1/12 - 6/30/13 ($73,600; new total $239,200); and
7/1/13 - 6/30/14 ($257,600; new total $423,200); renewable for one additional
year; and authorize Purchasing Agent or authorized Deputy to execute
agreement and exercise contingency contract increase not to exceed 10% - All
Districts |
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34125 |
MOTION
TO APPROVE RECOMMENDED ACTION FAILS TO PASS |
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24135 |
CONTINUED
TO 3/5/13, 9:30 A.M. |
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Sheriff-Coroner: |
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35. |
Approve
amendment 4 to agreement MA-060-13011212 with Life Technologies
Corporation for purchase of DNA analysis kits and supplies, 3/2/13 - 3/1/14
($455,000); and authorize Purchasing Agent or authorized Deputy to execute
amendment - All Districts |
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32154 |
APPROVED
AS RECOMMENDED |
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36. |
Approve
amendment 2 to agreement with County of San Diego for 2012 Operation
Stonegarden Grant; accept 2012 grant award funds from State Emergency
Management Agency ($283,567); and authorize Sheriff Coroner to execute
amendment and related documents - All Districts |
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24135 |
APPROVED
AS RECOMMENDED |
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37. |
Treasurer-Tax Collector - Approve
amendment 4 to agreement MA-074-10012363 with Bloomberg for on-line
financial information services and Oder Management Systems, 3/15/13 - 3/14/14
($309,880); and authorize Purchasing Agent or authorized Deputy to execute
amendment - All Districts |
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25134 |
APPROVED AS RECOMMENDED |
HEALTH CARE AGENCY
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38. |
Approve
amendment 1 to master agreement with various providers for adult mental
health inpatient services, 7/1/12 - 6/30/13 ($101,743; new total $4,375,163);
and authorize Director or designee to execute amendments - All Districts |
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B.O. |
CONTINUED TO 4/23/13, 9:30 A.M. |
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39. |
Approve
amendment 1 to agreement with College Community Services for criminal
justice full service partnership services, 7/1/12 - 6/30/14 ($379,507; new
total $4,915,797); approve amendment 1 to master agreement with various
providers for short term housing services, 7/1/12 - 6/30/14 ($27,272; new
total $347,272); and authorize Director or designee to execute amended agreements,
and exercise a cost contingency increase not to exceed 10% under certain
conditions - All Districts |
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23154 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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40. |
Approve
consent to relieve Minako America Corporation dba Minco Construction from
bid obligation; award contract to Sully-Miller Contracting Company for
Perimeter Road Construction Phase 2 project ($4,939,218); and make California
Environmental Quality Act findings - District 2 |
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25134 |
APPROVED AS RECOMMENDED |
OC DANA POINT HARBOR
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41. |
Approve
amendment 5 to agreement MA-108-10012441 with Project Dimensions, Inc.
(PDI) for project management services associated with Dana Point Harbor
Revitalization Plan, extending term five years ($4.7 million); and authorize
Director or designee to execute amendment - District 5 (Continued from
2/5/13, Item 18) |
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B.O. |
CONTINUED TO 3/5/13, 9:30 A.M. |
OC COMMUNITY RESOURCES
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42. |
Approve
restated and amended endowment agreement OCP10-020 with The Nature
Conservancy and Orange County Parks Foundation to allow funding to be held
and managed by the Foundation ($2,000,000); approve restricted fund agreement
with Orange County Parks Foundation for management of endowment funds;
authorize Auditor-Controller to make related payments; direct Orange County
Parks Director or designee to establish a schedule of biennial audits of
endowments funds paid to Orange County Parks Foundation, beginning FY 14-15;
and require County Directors serving on Orange County Parks Foundation to
annually file Statement of Economic Interests with the Foundation; and make
California Environmental Quality Act and other findings - All Districts
(Continued from 2/5/13, Item 19) |
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32154 |
APPROVED AS RECOMMENDED |
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43. |
Approve
amendment 5 to agreement KC09111 with Mercy House Living Centers, Inc.
for assistance in utilizing previously approved Neighborhood Stabilization
Program funding and meet U.S. Department of Housing and Urban Development
requirements for use of funds, through 3/16/14 ($1,004,948; new total
$2,006,053.22); and authorize Director or designee to execute agreement,
exercise a cost contingency increase or decrease not to exceed 10% - All
Districts |
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53124 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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44. |
Approve
amendment 4 to agreement MA-080-10012351 with Hardy & Harper, Inc. for
asphalt pavement maintenance, 3/11/13 - 3/10/14 ($38,000; new total
$965,000); and make California Environmental Quality Act findings - All Districts |
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32154 |
APPROVED AS RECOMMENDED |
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45. |
Acting as the Orange County Flood Control
District - Approve
amendment 3 to agreement D07-043 with Santa Ana Watershed Protection
Authority for reduction of loan obligation for Santa Ana River Interceptor
Line; authorize Auditor-Controller to make related payment; and make
California Environmental Quality Act findings - District 3 |
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32154 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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Chairman
Nelson: |
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46. |
Discuss
and provide direction to staff for preparation of draft response to the
Grand Jury Report "CalOptima Burns While Majority of Supervisors
Fiddle" |
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24135 |
CONTINUED
TO 3/19/13, 9:30 A.M. |
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47. |
Discussion
of range of total compensation for the position of County Executive
Officer |
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DISCUSSED |
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48. |
Supervisor Spitzer - Consideration
of County Affiliate Membership in Association of California Cities -
Orange County and Discussion of County participation in Community Leader
Summit |
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B.O. |
CONTINUED TO 3/5/12, 9:30 A.M. |
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County
Executive Office: |
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49. |
Approve
FY 2012-13 Second Quarter Budget Report; approve related budget
adjustments and amend master position control - All Districts (R.A. 1 4/5
vote of the members present) |
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34125 |
APPROVED
AS RECOMMENDED |
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50. |
Approve
recommended positions on introduced or amended legislation and consider
other legislative subject matters - All Districts |
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54123 |
APPROVED
AS RECOMMENDED |
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51. |
Review
timeline refinements for Clerk-Recorder interview process; set 3/5/13 as
date to provide open session recommended names for interview by Board of
Supervisors and select candidates for final interview; set date for Board of
Supervisors Interview of Clerk-Recorder candidates; and provide additional direction
to County Executive Office and Human Resource Services staff concerning the
interview process - All Districts |
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25134 |
APPROVED
RECOMMENDED ACTIONS 1 & 2 |
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S51A. |
Chairman Nelson - Orange
County Human Relations Commission - Appoint David Rader, Brea, for term
ending 2/25/15 |
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43125 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (Item 52)
GENERAL ADMINISTRATION
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52. |
County Executive Office - Public
Hearing to consider first reading and adoption of "An Ordinance of
the County of Orange, California Approving a Public/Private Partnership with
Related/Griffin for the Assessment and Construction of an Office Building for
Governmental and Commercial Uses in the Santa Ana Civic Center"; approve
agreement CT-080-13010515 with Griffin Structures, Inc. for Building 16/Civic
Center Master Plan Study, 2/26/13 - 2/25/14 ($459,450); authorize Purchasing
Agent or authorized Deputy to execute agreement; and make California
Environmental Quality Act findings - District 1 (4/5 vote of membership) |
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B.O. |
CONTINUED 3/12/13, 9:30 A.M. |
V. CLOSED SESSION (Items CS-1-SCS10)
GENERAL ADMINISTRATION
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County Counsel: |
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CS-1. |
CONFERENCE
WITH LEGAL COUNSEL EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, SUPERVISOR NGUYEN BEING ABSENT, AUTHORIZED COUNTY COUNSEL TO
INSTRUCT REMCHO JOHANSEN & PURCELL TO FILE AN APPEAL IN THE CASE OF
COUNTY OF COLUSA, ET AL. V. TOBY DOUGLAS, ETC. |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(d)(2): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, SUPERVISOR NGUYEN BEING ABSENT, AUTHORIZED COUNTY COUNSEL TO
RETAIN THEODORA ORINGHER TO REPRESENT THE COUNTY IN THE MATTER OF CEDARS
ENGINEERING AND CONSTRUCTION INC., ETC. V. COUNTY OF ORANGE, ETC., ET AL. |
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CS-4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A VOTE
OF 3 TO 1 WITH SUPERVISORS NELSON, SPITZER AND BATES VOTING IN FAVOR,
SUPERVISOR MOORLACH VOTING AGAINST AND SUPERVISOR NGUYEN BEING ABSENT, APPROVED A PROPOSED SETTLEMENT IN THE CASE
OF JOHN CHARLES ENGLISH V. COUNTY OF ORANGE, ET AL. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT BECOMES
FINAL., DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF CEO/RISK MANAGEMENT
OT ANY PERSON WHO INQUIRES. |
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CS-5. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, SUPERVISOR NGUYEN BEING ABSENT, AUTHORIZED COUNTY COUNSEL TO
EXECUTE THE AMENDED STIPULATED ORDER IN THE MATTER OF BARRY SCOTT, ET AL. V.
BRAD GATES, ET AL. A COPY OF THAT
ORDER WILL BE AVAILABLE IN THE OFFICE OF THE CLERK OF THE BOARD OF
SUPERVISORS. |
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CS-6. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, WITH SUPERVISOR NGUYEN BEING ABSENT, APPROVED A PROPOSED
SETTLEMENT IN THE CASE OF COUNTY OF ORANGE V. ASFOUR FAMILY CORPORATION ET
AL. THE PROPOSED SETTLEMENT REMAINS
SUBJECT TO FINAL APPROVAL OF OTHERS.
AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE
AVAILABLE IN THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES. |
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CS-7. |
County Executive Office - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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CS-8. |
Human Resource Services - PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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SCS9. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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SCS10. |
Chairman Nelson - PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957: |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD COMMENTS &
ADJOURNMENT
PUBLIC COMMENTS:
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Michael Klubnikin - Oral Re: Brown Act, County Counsel and Internal
Audit |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Spitzer - Oral Re: DUI Summit at Concordia University 2/27/13
and public hearing on violence 3/8/13 in Hall of Administration |
ADJOURNED:
1:26 P.M.
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34125 |
Adjourned in memory of Victims of recent
Orange County violence |
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54123 |
Adjourned in memory of Melvin Edwards |
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54123 |
Adjourned in memory of Larry Collins |
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24135 |
Adjourned in memory of Gus Ayer |
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24135 |
Adjourned in memory of Bruce Sinclair |
***
KEY ***
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Left Margin
Notes |
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1. = Supervisor Nguyen |
A. = Abstained |
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2. = Supervisor Moorlach |
X. = Excused |
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3. = Supervisor Spitzer |
N. = No |
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4. = Supervisor Nelson |
BO = Board Order |
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5. = Supervisor Bates |
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ORD. = Ordinance |
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RESO. = Resolution |
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Above numbers
refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded
by)
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Chair, Orange County Board of Supervisors |
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Orange County Clerk of the Board |