REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, March 4, 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

 

ATTENDANCE:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Michael B. Giancola

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Susan Novak

 

INVOCATION:  Supervisor Spitzer, Third District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Vice Chair Bates, Fifth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-14)

 

21354

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 10 WHICH WAS CONTINUED TO 3/11/14, 9:30 A.M.; AND ITEMS 1 & 7 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Spitzer - OC Parks Commission - Appoint Dave Hanson, Yorba Linda, for term concurrent with 3rd District Supervisor's term of office

31254

APPROVED AS RECOMMENDED

 

2.

Vice Chair Bates - Senior Citizens Advisory Council - Reappoint Anthony Allevato, Mission Viejo, for term ending 12/31/15

 

COMMENDATIONS/PROCLAMATIONS/REPORTS

 

3.

Vice Chair Bates - Adopt resolution declaring March 2014 as Prescription Drug Abuse Awareness Month

 

RESO: 14-021

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

4.

Approve change order 2 to agreement with George Bryant Construction, Inc. for installation of leak detection system and secondary containment devices for underground storage tank, Theo Lacy Jail Facility ($10,596); authorize Sheriff-Coroner or designee to execute change order; and make California Environmental Quality Act findings - District 3

 

5.

Ratify and approve amendment 2 to agreement MA-060-12010980 with Qiagen, Inc. for BioRobot System Maintenance, 1/1/14 - 12/31/14 ($24,581); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts 

 

6.

Approve plans and specifications and set bid opening for 4/9/14, 2:00 p.m., for replacement of water softening system at Sheriff's Headquarters and Central Men's and Women's Jails; and make California Environmental Quality Act findings - District 1

 

7.

Approve amendment 1 to agreement MA-060-13011270 with Satellite Tracking of People, LLC for continuous electronic monitoring services and equipment, 3/5/14 - 3/4/15 ($520,125); renewable for three additional one-year periods; authorize Purchasing Agent or authorized Deputy to execute amendment; and review and approve rules and regulations of Sheriff home detention monitoring programs for misdemeanor inmates per Resolution 12-137 - All Districts

25134
   N

APPROVED RECOMMENDED ACTION 1

 

45123
   NN

APPROVED RECOMMENDED ACTION 2 AND DIRECTED COMMUNITY CORRECTIONS PARTNERSHIP (CCP) TO REVIEW THE RULES AND REGULATIONS AND RETURN TO THE BOARD AS APPROPRIATE WITH ANY RECOMMENDED CHANGES

 

8.

Ratify and approve amendment 1 to agreement MA-060-13010330 with Tecan US, Inc. for consumable supplies for EVO instruments, 9/15/12 - 9/14/13 ($4,600; new total $69,600); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

HEALTH CARE AGENCY

 

9.

Approve master agreement MA-042-14010315 with CareFusion 203, Inc. for ventilator maintenance services, 4/1/14 - 3/31/15 ($196,972) renewable for two additional years; approve second year renewal, 4/1/15 - 3/31/16 ($224,330); and authorize Purchasing Agent or authorized Deputy to execute master agreement and renewal - All Districts

 

OC COMMUNITY RESOURCES

 

10.

Approve agreement with Council on Aging - Orange County for health insurance counseling & advocacy program services under the Cal MediConnect demonstration, 3/4/14 - 6/30/14 ($47,370) renewable for one additional year; authorize Director or designee to execute agreement and exercise a cost contingency increase or decrease not to exceed 10% - All Districts

21354

CONTINUED TO 3/11/14, 9:30 A.M.

 

11.

Accept donation from Friends of the Library to offset cost of new community room flooring, Aliso Viejo Branch Library ($14,962.95) - District 5

 

OC PUBLIC WORKS

 

12.

Approve agreement with AECOM Technical Services, Inc. for Comprehensive Building Assessments project ($246,179); and make California Environmental Quality Act findings - Districts 1 and 3

 

13.

Adopt resolution initiating 2014 Weed Abatement Program; set public hearing for 4/8/14, 9:30 a.m., to consider assessment to private property for removal of weeds by County contractor; and make California Environmental Quality Act findings - All Districts

 

RESO: 14-022

 

GENERAL ADMINISTRATION

 

14.

County Executive Office - Approve master cooperative agreement and project specific cooperative agreement with Orange County Flood Control District for joint real estate projects; and authorize Chief Real Estate Officer or designee to execute project specific cooperative agreements on behalf of the County and authorize OC Public Works Director or designee to execute agreements on behalf of Flood Control District; and direct Chief Real Estate Officer or designee to submit an annual report to the Board summarizing specific joint real estate projects; and make California Environmental Quality Act findings - All Districts

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 15-S23A)

 

HEALTH CARE AGENCY

 

15.

Consider policy options for Basic Life Support ambulance transport Request for Proposal; and direct staff to incorporate policy direction into RFP and return to the Board for final review - All Districts

35124

CONTINUED TO 3/25/14, 9:30 A.M. TO BE CONSIDERED IN CONJUNCTION WITH ENTIRE REQUEST FOR PROPOSAL PROCESS

 

OC COMMUNITY RESOURCES

 

16.

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 ($72,042.88); make California Environmental Quality Act findings and approve termination of emergency action - District 3 (4/5 vote of members present) (Continued from 1/28/14, Item 47)

35124

APPROVED AS RECOMMENDED

 

17.

Approve agreements CPO13-011 with RBF Consulting, and COP13-012 with Chambers Group, Inc. for on-call architect/engineer environmental, regulatory & permitting services, three year terms ($400,000 each); and make California Environmental Quality Act findings - All Districts

24135

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

18.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreements D13-100 with URS Corporation and D13-101 with The Planning Center for on-call environmental document preparation services, three-year terms ($400,000 each); and make California Environmental Quality Act findings - All Districts

25134

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

19.

Probation - Approve master agreement MA-057-14010529 with GEO Re-Entry Services, LLC for Day Reporting Services for select adult offenders on postrelease community supervision, 6/1/14 - 5/31/15 ($1,504,300); renewable for four additional one-year periods; authorize Chief Probation Officer or designee to execute agreement; and make California Environmental Quality Act findings - All Districts

24135

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

20.

Approve grant applications/awards submitted by OC Community Resources/OC Animal Care in 3/4/14 grant report and authorize Director or designee to accept grant award- All Districts

12354

APPROVED AS RECOMMENDED

 

21.

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

25134

RECEIVED AND FILED

 

22.

Response to 2/25/14 Board Directive regarding options to provide Sheriff with resources to process large volume of carrying a concealed weapons (CCW) permit applications; direct CEO and Human Resource Services to approve addition of working retiree positions required for timely reduction of CCW backlog and for timely processing of new applications; and direct Sheriff to report back to the Board during FY 14-15 First Quarter Budget Report process on status of CCW backlog and to identify the need for change in resources, if any - All Districts

35124

APPROVED AS RECOMMENDED

 

23.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Amending Sections 4-11-11, 4-11-12, and 4-11-14 of the Codified Ordinances of the County of Orange Regarding the Orange County Health Authority - All Districts (Continued from 2/25/14, Item 41)

14235
  N 

APPROVED AS RECOMMENDED

 

 ORD: 14-002

 

PUBLIC PROTECTION

 

S23A.

Probation - Orange County Juvenile Justice Coordinating Council - Appoint Kevin J. Raney, Garden Grove and Richard A. Martin, Santa Ana, for terms concurrent with their position - All Districts

14235

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Jerry Davidson v. County of Orange, Worker's Compensation Appeal Board Case Nos. ADJ8583201 & ADJ3855560

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF JERRY DAVIDSON V. COUNTY OF ORANGE.  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 TO ANY PERSON WHO INQUIRES.

 

CS-2.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  334 S. Jennifer Lane, Orange, CA
County Negotiator:  Scott D. Mayer, Chief Real Estate Officer
Negotiating Parties:  Guillermo Benitez and Enrique Puch
Under Negotiation:  Terms and Value of Future Sale

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

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), Orange County Managers Association (OCMA) and other non-represented employees
RE:  Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

SCS4.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -  Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Scott Moody, etc. v. Neal Kelley, etc., et al., Orange County Superior Court Case No. 30-2014-00706426-CU-WM-CJC

B.O.

DELETED

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re:  Internal Audit Reports; Public Guardian & fraud

 

Ilya & Robert Tseglin - Oral Re: Nate Tseglin, Regional Center

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisor Spitzer - Oral Re: Visionary Leaders Conference on Friday, March 7, 2014 at Angel Stadium of Anaheim

 

Supervisor Spitzer - Oral Re: Five final designs for the Crime Victims Memorial are on display at the Old County Courthouse, Santa Ana; public may comment on the designs at the Old Courthouse or at www.ocparks.com

 

Supervisor Spitzer - Oral Re: Marsy's Law, the Victims' Bill of Rights Act, was overturned and not final

 

Supervisor Nguyen - Oral Re: CalOptima is ranked #4 out of 46 California health plans in California for overall Medi-Cal quality by the Department of Health Care Services, Medi-Cal Managed Care Performance Dashboard

 

ADJOURNED:  12:00 P.M.

14235

Adjourned in memory of Mariam Mae Warne

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Nguyen

A.  =   Abstained

2. = Supervisor Moorlach

X.  =   Excused

3. = Supervisor Spitzer

N.  =   No

4. = Supervisor Nelson

BO =   Board Order

5. = Supervisor Bates

 

 

 

ORD.  = Ordinance

 

RESO. = Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

                                                                                                                                                           

 Chair, Orange County Board of Supervisors

                                                                                   

 

 

 

 

                                                                       

   Orange County Clerk of the Board