REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, March 19, 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

 

ATTENDANCE:  All Present

 

EXCUSED:          None                                                                           

 

PRESENT:

INTERIM COUNTY EXECUTIVE OFFICER

 

Robert J. Franz

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Susan Novak

 

INVOCATION:  Supervisor Spitzer, Third District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Moorlach, Second District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-17)

 

13254

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 1, 6 & 17 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Nguyen - Oversight Board of the Successor to the City Redevelopment Agencies, Westminster - Appoint Sandy J. Hemphill

21354

CONTINUED TO 4/9/13, 9:30 A.M.

 

2.

Supervisor Nelson - Development Processing Review Committee - Appoint Lawerence P. Woodard, Sr., Anaheim, for term concurrent with 4th District Supervisor's term of office

 

COMMENDATIONS/PROCLAMATIONS/REPORTS

 

3.

Supervisor Bates - Adopt resolution congratulating members of El Viaje de Portola (The Portola Riders) on their 50th anniversary celebration

 

RESO: 13-017

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

4.

Approve agreement PO-060-13012102 with Helinet Aviation Services LLC for purchase and installation of helicopter video downlink equipment ($159,207); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

5.

Approve agreement MA-060-13011271 with HL Miller, Inc. for general construction and maintenance services, 3/19/13 - 1/8/14 ($325,000); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - All Districts

 

HEALTH CARE AGENCY

 

6.

Adopt resolution authorizing application of Article 4.7 of Chapter 2 of the Lanterman-Petris Short Act as an alternative to conservatorship under certain conditions - All Districts

25134

APPROVED AS RECOMMENDED

 

RESO: 13-019

 

7.

Authorize Health Care Agency to utilize necessary funding required to meet actual service level as requested by user departments for agreement with Occupational Health Centers of California, dba Concentra Medical Centers for physical examination services, 7/1/12 - 6/30/13 - All Districts

 

JOHN WAYNE AIRPORT

 

8.

Select Ninyo & Moore Geotechnical & Environmental Sciences Consultants and MTGL, Inc. as primary and Twining, Inc. as alternate firms for testing and inspection services; authorize Director or designee to negotiate agreements for Board approval; and make California Environmental Quality Act findings - District 2

 

OC PUBLIC WORKS

 

9.

Approve Tract Map 17060, Tri Point Homes, Inc. and RMV Community Development, LLC; accept dedication for street purposes and vehicular access rights; accept easements for street lights, sewer and water and survey monumentation; approve agreement S1112-168 and accept bonds guaranteeing construction improvements; and make California Environmental Quality Act findings - District 5

 

10.

Approve Tract Map 17059, Tri Point Homes, Inc. and RMV Community Development, LLC; accept dedication for street purposes and vehicular access rights; accept easements for street lights, sewer and water and survey monumentation; approve agreement S1112-167 and accept bonds guaranteeing construction improvements; and make California Environmental Quality Act findings - District 5

 

11.

Approve plans and specifications and set bid opening for 5/1/13, 2:00 p.m., for asphalt overlay resurfacing of various streets in Orange County, 2012-13; approve agreement D12-010 with Orange County Sanitation District for raising of manhole installations ($110,250); and make California Environmental Quality Act findings - Districts 1, 2 and 3

 

12.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve amendment 2 to agreement MA-080-11012476 with LA Consulting, Inc. for maintenance system enhancements and program management support services, 5/3/13 - 5/2/14 ($238,548); and make California Environmental Quality Act findings - All Districts

 

PUBLIC PROTECTION

 

13.

Probation - Accept grant award and approve agreement with Board of State and Community Corrections, for Phase III of Enhanced Disproportionate Minority Contact-Technical Assistance Project II, 10/1/12 - 12/31/13 ($150,000); authorize Chief Probation Officer or designee to execute grant agreement; approve agreement with The W. Haywood Burns Institute for consulting services, term ending 12/31/13 ($75,000); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

14.

Approve the proposed amendments to the Conflict of Interest Code Designated Filers Exhibits for the County Executive Office and Treasurer-Tax Collector - All Districts

 

15.

Approve initial Conflict of Interest Code for El Sol Science & Arts Academy of Santa Ana, a California Public Charter School - All Districts

 

16.

Approve re-adoption of the State’s Model Code by reference and modifications to Designated Filer Positions and Disclosure Categories Exhibits A & B for Orange County Fringe Benefits Joint Powers Authority, Public Cable Television Authority and Rossmoor Community Services District - All Districts

 

17.

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

24135

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 18-S33A)

 

ELECTED DEPARTMENT HEADS

 

 

Assessor Department:

 

18.

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 (Continued from 2/26/13, Item 34; 3/5/13, Item 11)

32154

APPROVED AS RECOMMENDED

 

19.

Approve amended  agreement MA-002-13010579, 11/12/12 - 6/30/13, ($452,100; new total $1,333,200) and renewal of agreement MA-002-13010579, 7/1/13 - 6/30/14 ($1,333,200) with Brainsharp Inc., for Assessment Tax System (ATS II) application support, operations and adjustments; and authorize Purchasing Agent or authorized Deputy to execute amendment and agreement - All Districts

35124

APPROVED AS RECOMMENDED

 

20.

Auditor-Controller - Adopt recommendation of the Audit Oversight Committee and the RFP evaluation panel to select Macias, Gini & O'Connell or alternatively select Vavrinek, Trine, Day & Co.,  for independent auditing and related services, FYs 12-13, 13-14 and 14-15 renewable for two additional years; and authorize negotiation of agreement for Board approval - All Districts

12354

APPROVED AS RECOMMENDED

 

21.

Sheriff-Coroner - Ratify and approve amendment 6 to agreement MA-060-11011620 with Randstad North America L.P. dba Randstad Technologies, L.P. for information technology services, effective 2/1/12, extending term to 4/7/14 ($1,100,000; new total $3,289,816); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts 
(Continued from 3/5/13, Item 12; 3/12/13, Item 12)

35124
  A 

APPROVED AS RECOMMENDED

 

22.

Treasurer-Tax Collector - Receive and file 2012 Treasury Oversight Committee Annual Report - All Districts

32154

APPROVED AS RECOMMENDED

 

OC DANA POINT HARBOR

 

23.

Approve amendment 5 to agreement MA-108-10012441 with Project Dimensions, Inc. 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; 2/26/13, Item 41; 3/5/13, Item 14)

B.O.

CONTINUED TO 4/9/13, 9:30 A.M.

 

OC COMMUNITY RESOURCES

 

24.

Receive bids and award contract to Big Ben, Inc. for construction of the Irvine Ranch Historic Park Utility Infrastructure Project ($1,899,286); and make California Environmental Quality Act findings - District 3

31254

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

25.

Approve selection of various providers to provide Wraparound Orange County services, 7/1/13 - 6/30/18; and authorize negotiation of agreements for Board approval - All Districts

14235

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

26.

Approve grant applications/awards submitted by Health Care Agency, OC Public Works and Sheriff-Coroner in 3/19/13 grant report and other actions recommended; and adopt resolution authorizing Director or designee to negotiate and execute agreements with California Department of Water Resources and with cities/water districts, on behalf of South Orange County Integrated Regional Water Management Group and to approve amendments under certain conditions and execute related documents - All Districts

15234

APPROVED AS RECOMMENDED

 

RESO: 13-018

 

27.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts (Continued RA #1 from 3/5/13, Item 22)

51234

APPROVED AS RECOMMENDED

 

28.

Approve proposed follow-up responses to pending recommendations for FY 2011-12 Grand Jury Reports - All Districts

51234

APPROVED AS RECOMMENDED

 

29.

Approve amendment 2 to Memorandum of Understanding for services provided by Superior Court to the County to allow for additional human resource services for OC Public Works, term ending 6/30/13 ($70,000); and authorize County Executive Officer or designee to execute amendment - All Districts

31254

APPROVED AS RECOMMENDED

 

30.

Approve selection of Stradling Yocca Carlson & Rauth as bond counsel firm for proposed Tustin Regional Park financing project - District 3 (Continued from 3/12/13, Item 18)

31254

APPROVED AS RECOMMENDED

 

31.

Provide slate of names for interview by the Board of Supervisors for position of Auditor-Controller; select final candidates and set date for interviews; and provide additional direction to County Executive Office and Human Resource Services - All Districts

35124
   N

SELECTED THE FOLLOWING SEVEN CANDIDATES TO BE INTERVIEWED BY THE BOARD OF SUPERVISORS ON A DATE TO BE DETERMINED: GEORGE BECK, JAMES BENUZZI, JAN GRIMES, NICK PHAM, GUSTAVO RODRIGUEZ, ERIC WOOLERY AND ALEXANDER YU

 

32.

Chairman Nelson - Discuss and provide direction to staff for preparation of draft response to the Grand Jury Report "CalOptima Burns While Majority of Supervisors Fiddle" (Continued from 2/26/13, Item 46)

31254
  N N

APPROVED DRAFT RESPONSES SUBMITTED BY STAFF AS MODIFIED ADDING TO RECOMMENDATIONS 1 AND 2 THAT THE BOARD OF SUPERVISORS HAS FORMED AN AD HOC COMMITTEE OF SUPERVISORS NGUYEN AND SPITZER TO STUDY, IN CONJUNCTION WITH COUNTY STAFF AND CALOPTIMA, THE APPROPRIATE GOVERNANCE STRUCTURE AND TO RETURN TO THE BOARD WITH THEIR FINDINGS AND RECOMMENDATIONS.

 

33.

Supervisor Bates and Supervisor Nguyen - Determine and approve annual salary to be paid to County Executive Officer; Appoint Chandra L. Wallar as County Executive Officer for a two year term and ratify employment agreement - All Districts

 

DISCUSSED

 

S33A.

Human Resource Services - Appoint Philip Cheng and approve agreement for position of Performance Audit Director - All Districts

23154

DIRECTED COUNTY COUNSEL TO AMEND AGREEMENT ADDING AUTOMATIC TERMINATION CLAUSE IN THE EVENT MR. CHENG APPLIES FOR A PENSION OR SIMILAR DEFINED BENEFIT RETIREMENT PAYMENT FROM ANY PUBLIC PENSION SYSTEM DURING THE LIFE OF THIS AGREEMENT AND AUTHORIZED CHAIRMAN TO EXECUTE AMENDED AGREEMENT UPON ACCEPTANCE AND SIGNATURE BY MR. CHENG.

 

IV.  PUBLIC HEARINGS (Item 34)

 

GENERAL ADMINISTRATION

 

34.

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) (Continued from 2/26/13, Item 52; 3/12/13, Item 19)

B.O.

CLOSED PUBLIC HEARING

 

34125
   NA

MOTION TO APPROVE STAFF RECOMMENDED ACTIONS FAILED TO OBTAIN REQUIRED 4/5 VOTE

 

43125
   NA

CONTINUED TO 4/16/13, 9:30 A. M.

 

V.   CLOSED SESSION (Items CS-1-CS-7)

 

GENERAL ADMINISTRATION

 

CS-1.

Chairman Nelson - PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957:
Title:  County Executive Officer

B.O.

HELD, NO REPORTABLE ACTION

 

 

County Counsel:

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  William J. Hunt v. County of Orange, et al., Orange County Superior Court Case No. 30-2009 00313239

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF WILLIAM J. HUNT 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 TO ANY PERSON WHO INQUIRES.

 

CS-3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Jo Ann Galisky v. County of Orange, et al., Orange County Superior Court Case No. 30-2009 00122880

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF JO ANN GALISKY 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 TO ANY PERSON WHO INQUIRES.

 

CS-4.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED  LITIGATION - Pursuant to Government Code Section 54956.9(d)(2):
Number of Cases:  Multiple Potential Actions

B.O.

HELD, NO REPORTABLE ACTION

 

CS-5.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED  LITIGATION - Pursuant to Government Code Section 54956.9(d)(2):
Number of Cases:  One Case

B.O.

HELD, THE CLERK READ:  THE BOARD BY A VOTE OF 4 TO 1, SUPERVISORS NELSON, BATES, NGUYEN AND SPITZER VOTING IN FAVOR, SUPERVISOR MOORLACH VOTING AGAINST, AUTHORIZED COUNTY COUNSEL TO RETAIN THE LAW FIRM OF THEODORA OHRINGER TO PROVIDE ADVISORY AND LITIGATION SERVICES CONCERNING POTENTIAL LITIGATION.

 

B.O.

HELD, THE BOARD BY A UNANIMOUS VOTE AUTHORIZED COUNTY COUNSEL AND RETAINED OUTSIDE COUNSEL TO FILE LITIGATION.  THE IDENTITY OF THE PARTIES AND OTHER PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY ONCE THE ACTION IS FILED.

 

CS-6.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:                                                                                                                                                          Property Location:  County Owned and Leased Buildings, Civic Center, Santa Ana, CA                                                                                                                                                                             County Negotiator:  Robert J. Franz                                                                                                                                                                   Negotiating Party:   Related/Griffin, and future sellers or lessors in the Civic Center area, Santa CA
Under Negotiations:  Terms and potential development(s)

B.O.

HELD, NO REPORTABLE ACTION

 

CS-7.

Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Robert J. Franz
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 Employees Association (OCEA) and other non-represented employees
RE:  Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

America Bracho, Lyndee Knox, Dr. Christine Jorl, Dr. Patricia Canten, Gloria Ambriz, Javier Ubach, Teresa Cuin, Shahab Mirzapian, Nancy Mejia - Oral Re:  Latino Health Access contract

 

Ilya Tseglin and Robert Tseglin - Oral Re:  Nate Tseglin

 

Michael Klubnikin - Oral Re:  Nate Tseglin and illegal sale of property

 

Darrell Nolta - Oral Re:  war on Iraq and Sheriff deputy shooting of Marine Sgt. Manuel Loggins

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisor Nguyen - Oral Re:  Annual Fishing Derby at Mile Square Park

 

Supervisor Moorlach - Oral Re:  congratulations to Brent Scarborough on his retirement

 

ADJOURNED:  4:50 P.M.

None

 

 

***  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