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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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: All
Present
EXCUSED: None
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 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 |
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RESO: 13-017 |
ELECTED DEPARTMENT HEADS
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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 |
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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
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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
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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 |
35124 |
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
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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 |
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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 |
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 |
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 |
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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 |
MOTION TO APPROVE STAFF RECOMMENDED ACTIONS
FAILED TO OBTAIN REQUIRED 4/5 VOTE |
43125 |
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: |
B.O. |
HELD, NO REPORTABLE ACTION |
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County Counsel: |
CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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): |
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): |
B.O. |
HELD,
NO REPORTABLE ACTION |
CS-5. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
- Pursuant to Government Code Section 54956.9(d)(2): |
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 |
B.O. |
HELD, NO REPORTABLE ACTION |
CS-7. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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 |
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1. = Supervisor Nguyen |
A. = Abstained |
2. = Supervisor Moorlach |
X. = Excused |
3. = Supervisor Spitzer |
N. = No |
4. = Supervisor Nelson |
BO = Board Order |
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)
Chair, Orange County Board of Supervisors |
Orange County Clerk of the Board |