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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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JOHN M. W. MOORLACH CHAIRMAN Second District |
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SHAWN NELSON VICE CHAIRMAN Fourth District |
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JANET NGUYEN SUPERVISOR First District |
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BILL CAMPBELL SUPERVISOR Third District |
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PATRICIA BATES SUPERVISOR Fifth District |
ATTENDANCE: All
Present
EXCUSED: None
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PRESENT: |
ACTING 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 Nelson, Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Campbell, Third District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Chairman Moorlach presented a resolution
proclaiming August 2012 as " Eligibility Professionals Recognition
Month" |
II. CONSENT CALENDAR (Items 1-14)
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13452 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 3 & 9 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; ITEM 10 WHICH RECEIVED AN ABSTENTION FROM
SUPERVISOR BATES ON RECOMMENDED ACTIONS 2 & 4; ITEM 11 WHICH RECEIVED A
NO VOTE FROM SUPERVISOR NELSON; AND ITEM 12 WHICH WAS CONTINUED TO 9/11/12,
9:30 A.M. |
DEPARTMENT APPOINTMENTS
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1. |
Social Services Agency - Orange
County Child Care and Development Planning Council - Appoint Melinda
Konoske, Orange; Donna McInteer, Fullerton; Karen Littlefield, Orange; and
Krista Murphy, Costa Mesa, for terms ending 8/5/14; and reappoint Fredrika
Gragg, Santa Ana; Marcia Rudolph, Lake Forest; Anne Broussard, Santa Ana;
Constance White, Glendora; Kathleen McFarlin, Irvine; and Michelle
Pelliccino, Santa Ana, for terms ending 8/5/14 - All Districts |
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2. |
OC Community Resources - Orange
County Workforce Investment Board - Appoint Frank Talarico, Santa Ana and
Jamie Evanoff, Santa Ana, to complete terms ending 12/31/13 - All Districts |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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3. |
Approve
amendment 7 to agreement MA-060-11010866 with Taser International, Inc.
for repair and replacement of tasers and accessories, term ending 11/17/12
($9,000; new total $144,088); renewable for one additional year; and
authorize Purchasing Agent or authorized Deputy to execute amendment - All
Districts |
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43152 |
APPROVED
AS RECOMMENDED |
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4. |
Approve
agreement MA-060-12012251 with Hunter Consulting, Inc. dba HCI
Environmental & Engineering Services for replacement and disposal of lead
contaminated filters, 8/14/12 - 8/13/13 ($350,000); renewable for four
additional years; and authorize Purchasing Agent or authorized Deputy to
execute agreement - All Districts |
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5. |
Accept
grant award from U.S. Department of Justice for Edward Byrne Memorial
Justice Assistance Grant Program, FY 2012 ($465,007); approve form of
agreement to transfer funds to participating cities; and authorize
Sheriff-Coroner or designee to execute individual city agreements - All
Districts |
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6. |
Authorize
Purchasing Agent or authorized Deputy to purchase physical security
enhancement equipment funded by FY 2009 Buffer Zone Protection Program grant
($388,000); and make related budget adjustments - All Districts (4/5 vote of
the members present) |
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7. |
Treasurer-Tax Collector - Approve
agreement MA-074-13010137 with Wells Fargo Merchant Services, L.L.C. and
Wells Fargo Bank, N.A. (collectively "Wells Fargo") for electronic
payment acceptance and processing for non-convenience credit and debit card
transactions, through 8/13/15; approve agreement MA-074-13010138 with Wells
Fargo Bank, N.A. for internet payment gateway services required for accepting
and processing credit and debit cards and eChecks via internet, through
8/13/13; and authorize Purchasing Agent or authorized Deputy to execute
agreements - All Districts |
HEALTH CARE AGENCY
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8. |
Approve
amendment 1 to lease agreement with Santa Ana Horton Investment Group,
Inc. for office space at 517 N. Main Street, Santa Ana; and make California
Environmental Quality Act findings - District 1 |
OC COMMUNITY RESOURCES
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9. |
Approve
revised Orange County Workforce Investment Board Bylaws to include
revision of annual date of the election of Board officers, notification
timing of meeting absences, Youth Council membership and Executive Committee
quorum - All Districts |
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13452 |
APPROVED AS RECOMMENDED |
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10. |
Approve
amendment 1 to agreement OCP09-013 with RBF Consulting for on-call civil
engineering services, extending term to 9/28/14; approve amendment 1 to
agreement OCP09-015 with Schmidt Design Group, Inc. for on-call landscape
architecture services, extending term to 9/28/14; approve amendment 1 to
agreement OCP09-017 with RBF Consulting for on-call contract administration
and contract management services, extending term to 10/15/14; and make
California Environmental Quality Act findings - All Districts |
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13452 |
APPROVED AS RECOMMENDED - SUPERVISOR BATES
ABSTAINED ON RECOMMENDED ACTIONS 2 & 4 |
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11. |
Acting as the Housing Successor Agency to
the Orange County Development Agency - Adopt
Recognized Obligation Payment Schedule (ROPS), 1/1/13 - 6/30/13; direct staff
to submit ROPS to County's Oversight Board; upon approval of County's
Oversight Board, authorize staff to submit ROPS to State Department of
Finance and 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 - All
Districts |
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13452 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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12. |
Adopt
resolution vacating a portion of Marcy Drive road easement; and make
California Environmental Quality Act and other findings - District 3
(Continued from 7/24/12, Item 13) |
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13452 |
CONTINUED TO 9/11/12, 9:30 A.M. |
PUBLIC PROTECTION
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13. |
Probation - Approve
agreement with Orange County Superintendent of Schools for Probation
Officer and support services for Community School Program, 9/1/12 - 8/31/13
($396,094); and make California Environmental Quality Act findings - All
Districts |
GENERAL ADMINISTRATION
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14. |
Human Resources Department - Approve
amendment 2 to agreement with The Hartford Life and Accident Insurance
Company for Accidental Death and Dismemberment (AD&D) Insurance, 1/1/13 -
12/31/13 ($110,000); and authorize Purchasing Agent or authorized Deputy to
execute amendment - All Districts |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 15-29)
ELECTED DEPARTMENT HEADS
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Treasurer-Tax
Collector: |
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15. |
Adopt
resolution authorizing Savanna Elementary School District to issue Savanna
Elementary School District General Obligation Bonds, 2012 Election Series
A, without further Board action, accepting District Obligation for payment of
County costs of issuing such bonds and taking related actions ($27,000,000) -
Districts 2 & 4 |
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42135 |
APPROVED
AS RECOMMENDED |
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RESO: 12-122 |
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16. |
Approve
amendment 6 agreement to MA-074-10010309 with Financial Statement
Services, Inc. for tax bill printing and mailing services, 8/25/12 - 8/24/13
($510,000) - All Districts |
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53142 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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17. |
Approve
amendment 1 to agreement 10-NNA30 with State Department of Alcohol and
Drug Programs for alcohol and drug abuse treatment and prevention services,
FY 2012-13 ($106,088; new total $19,278,789); and authorize Director or
designee to execute amendment - All Districts |
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53142 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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18. |
Approve
agreement with TruGreen LandCare LLC for exterior landscape maintenance
services, 9/11/12 - 9/10/13 ($400,520); renewable for four additional
one-year periods; authorize Purchasing Agent or authorized Deputy to execute
agreement; and make California Environmental Quality Act findings - District
2 |
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35142 |
APPROVED AS RECOMMENDED |
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19. |
Approve
amendment 1 to agreement with Helix Electric, Inc. for additional
design-build services for Parking Access and Revenue Control System
Project, extending term 30 days ($198,000; new total $11,146,813.61); and
make California Environmental Quality Act findings - District 2 |
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23145 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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20. |
Reject
Traffic Committee recommendations dated 5/17/12; adopt resolution rescinding
resolution 86-1588 that established a 40 mph speed limit on Gilbert Street,
and establish a 35 mph"Radar Enforced" limit; and make California
Environmental Quality Act findings - District 4 |
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43152 |
APPROVED AS RECOMMENDED |
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RESO: 12-123 |
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21. |
Select
Nichols Consulting Engineers, Chtd. as primary and Buckman Infrastructure
Group as alternate firms for roadway pavement distress evaluations; authorize
negotiation of agreement for Board approval; authorize Director or designee
to negotiate additional workscope for contracted cities; and make California
Environmental Quality Act findings - All Districts |
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53142 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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22. |
Approve
amendment 5 to price agreement N1000011007 with Avasant for Information
Technology Sourcing Advisory services, 10/1/12 - 12/31/12 ($123,750); and
authorize Purchasing Agent or authorized Deputy to execute amendment - All
Districts |
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34152 |
APPROVED
AS RECOMMENDED |
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23. |
Approve
proposed response to FY 2011-12 Grand Jury Report "Elder Abuse - The
Perfect Storm" - All Districts |
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35142 |
APPROVED
AS RECOMMENDED |
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24. |
Approve
proposed response to FY 2011-12 Grand Jury Report "Transparency
Breaking Up Compensation Fog - But Why Hide Pension Costs?" - All
Districts |
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43152 |
APPROVED
AS RECOMMENDED |
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25. |
Approve
grant applications/awards submitted by Sheriff-Coroner and OC Community
Resources in 8/14/12 grant report and other actions as recommended; adopt
resolutions authorizing Sheriff-Coroner or designee to execute and submit to
State Emergency Management Agency the FY 2012 Emergency Management
Performance Grant Application for assistance ($738,609) and grant assurances
and Homeland Security Grant Program, FY12 ($2,352,421) and to execute related
documents - All Districts |
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54132 |
APPROVED
AS RECOMMENDED |
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RESO: 12-124 - 12-125 |
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26. |
Approve
compensation of $200 per meeting (maximum 12 meetings per year) for
appointed members of Public Financing Advisory Committee (PFAC); and direct
staff to amend PFAC Bylaws to include compensation - All Districts |
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B.O. |
CONTINUED
TO 8/21/12, 9:30 A.M. |
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27. |
Approve
recommended positions on introduced or amended legislation and consider
other legislative subject matters - All Districts |
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35142 |
APPROVED
AS RECOMMENDED |
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28. |
Acting
as the Community Facilities Districts - Consider second reading and
adoption of "An Ordinance of the Board of Supervisors of Orange County
Amending and Restating Ordinance No. 3727 Authorizing the Levy of a Special
Tax Within Community Facilities District No. 86-1 (Rancho Santa Margarita) of
the County of Orange"; "An Ordinance of the Board of Supervisors of
Orange County Amending and Restating Ordinance No. 3760 Authorizing the Levy
of a Special Tax Within Community Facilities District No. 86-2 (Rancho Santa
Margarita) of the County of Orange"; "An Ordinance of the Board of
Supervisors of Orange County Amending and Restating Ordinance No. 3902
Authorizing the Levy of a Special Tax Within Community Facilities District
No. 86-2 (Rancho Santa Margarita) of the County of Orange Improvement Area
No. 1"; "An Ordinance of the Board of Supervisors of Orange County
Amending and Restating Ordinance No. 0-98-7 Authorizing the Levy of a Special
Tax Within Community Facilities District No. 86-2 (Rancho Santa Margarita) of
the County of Orange Improvement Area No. 2"; "An Ordinance of the
Board of Supervisors of Orange County Amending and Restating Ordinance No.
3696 Authorizing the Levy of a Special Tax Within Community Facilities
District No. 87-1 of the County of Orange (Dimensions Business Park)";
"An Ordinance of the Board of Supervisors of Orange County Amending and
Restating Ordinance No. 3714 Authorizing the Levy of a Special Tax Within
Community Facilities District No. 87-2 of the County of Orange (Portola Hills)";
"An Ordinance of the Board of Supervisors of Orange County Amending and
Restating Ordinance No. 3715 Authorizing the Levy of a Special Tax Within
Community Facilities District No. 87-3 of the County of Orange (Mission
Viejo)"; "An Ordinance of the Board of Supervisors of Orange County
Amending and Restating Ordinance No. 3734 Authorizing the Levy of a Special
Tax Within Community Facilities District No. 87-4 of the County of Orange
(Foothill Ranch)"; "An Ordinance of the Board of Supervisors of
Orange County Amending and Restating Ordinance No. 3738 Authorizing the Levy
of a Special Tax Within Community Facilities District No. 87-5A of the County
of Orange (Rancho Santa Margarita)"; "An Ordinance of the Board of
Supervisors of Orange County Amending and Restating Ordinance No. 3739
Authorizing the Levy of a Special Tax Within Community Facilities District
No. 87-5B of the County of Orange (Rancho Santa Margarita)"; "An
Ordinance of the Board of Supervisors of Orange County Amending and Restating
Ordinance No. 3740 Authorizing the Levy of a Special Tax Within Community
Facilities District No. 87-5C of the County of Orange (Rancho Santa
Margarita)"; "An Ordinance of the Board of Supervisors of Orange
County Amending and Restating Ordinance No. 3741 Authorizing the Levy of a
Special Tax Within Community Facilities District No. 87-5D of the County of
Orange (Rancho Santa Margarita)"; "An Ordinance of the Board of
Supervisors of Orange County Amending and Restating Ordinance No. 3882
Authorizing the Levy of a Special Tax Within Community Facilities District
No. 87-5E of the County of Orange (Rancho Santa Margarita)"; "An
Ordinance of the Board of Supervisors of Orange County Amending and Restating
Ordinance No. 3735, as Amended by Ordinance No. 99-06 Authorizing the Levy of
a Special Tax Within Community Facilities District No. 87-6 of the County of
Orange (Baker Ranch)"; "An Ordinance of the Board of Supervisors of
Orange County Amending and Restating Ordinance No. 3736 Authorizing the Levy
of a Special Tax Within Community Facilities District No. 87-7 of the County
of Orange (Los Alisos)"; "An Ordinance of the Board of Supervisors
of Orange County Amending and Restating Ordinance No. 3733 Authorizing the
Levy of a Special Tax Within Community Facilities District No. 87-8 of the
County of Orange (Coto De Caza)"; "An Ordinance of the Board of
Supervisors of Orange County Amending and Restating Ordinance No. 3737
Authorizing the Levy of A Special Tax Within Community Facilities District
No. 87-9 of the County of Orange (Santa Teresita)"; "An Ordinance
of the Board of Supervisors of Orange County Amending and Restating Ordinance
No. 3716 Authorizing the Levy of a Special Tax Within Community Facilities
District No. 88-1 of the County of Orange (Aliso Viejo)"; "An
Ordinance of the Board of Supervisors of Orange County Amending and Restating
Ordinance No. 3730 Authorizing the Levy of a Special Tax Within Community
Facilities District No. 88-2 of the County of Orange (Lomas Laguna)";
"An Ordinance of the Board of Supervisors of Orange County Amending and
Restating Ordinance No. 99-09 Authorizing the Levy of a Special Tax Within
Community Facilities District No. 99-1 of the County of Orange (Ladera
Ranch)"; "An Ordinance of the Board of Supervisors of Orange County
Amending and Restating Ordinance No. 00-9 Authorizing the Levy of a Special
Tax Within Community Facilities District No. 2000-1 of the County of Orange
(Ladera Ranch)"; "An Ordinance of the Board of Supervisors of
Orange County Amending and Restating Ordinance No. 01-007 Authorizing the
Levy of a Special Tax Within Community Facilities District No. 2001-1 of the
County of Orange (Ladera Ranch)"; "An Ordinance of the Board of
Supervisors of Orange County Amending and Restating Ordinance No. 02-013
Authorizing the Levy of a Special Tax Within Community Facilities District
No. 2002-1 of the County of Orange (Ladera Ranch)"; "An Ordinance
of the Board of Supervisors of Orange County Amending and Restating Ordinance
No. 03-016 Authorizing the Levy of a Special Tax Within Community Facilities
District No. 2003-1 of the County of Orange (Ladera Ranch)"; "An
Ordinance of the Board of Supervisors of Orange County Amending and Restating
Ordinance No. 04-012 Authorizing the Levy of a Special Tax Within Community
Facilities District No. 2004-1 of the County of Orange (Ladera Ranch)" -
Districts 3 & 5 (Continued from 7/24/12, Item 34; 7/31/12, Item 24) |
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53142 |
APPROVED
AS RECOMMENDED |
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ORD: 12-005 - 12-029 |
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29. |
Human Resources Department - Approve
amendment 3 to agreement with Mercer Investment Consulting, Inc. for
investment consultant services for County's Defined Contribution Programs and
Extra Help Employee Defined Benefit Plan, 11/19/12 - 11/18/13; and authorize
Director or designee to execute amendment - All Districts |
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45132 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (None)
V. CLOSED SESSION (Items CS-1-SCS6)
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(a): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF PAUL MILLIGAN,
ET AL. 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. |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(a): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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Human Resources
Department: |
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CS-4. |
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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SCS5. |
PUBLIC EMPLOYEE
APPOINTMENT - Pursuant to Government Code Section 54957: |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS6. |
PUBLIC EMPLOYEE
APPOINTMENT - Pursuant to Government Code Section 54957: |
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B.O. |
HELD,
NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD & EMAIL COMMENTS
& ADJOURNMENT
PUBLIC COMMENTS:
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Elias Alcaraz - Oral Re: Santa Ana River
Flood Control Project |
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Mary Palafax - Oral Re: Selection of
qualified Behavioral Health Director |
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Darrell Nolta - Oral Re: CalOptima and private
ambulance services in Westminster |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Nguyen - Oral Re: Caloptima |
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Supervisor Bates - Oral Re: Board of
Supervisors' commitment to accountability and transparency |
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Chairman Moorlach - Oral Re: Prior directive for CEO to provide a
"legal roadmap" for appointment of a Public Administrator and to
also determine whether the same process will be applicable if the Office of
Clerk-Recorder becomes vacant |
ADJOURNED:
12:30 P.M.
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52134 |
Adjourned in memory of George Frank
Ceithaml |
***
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 Campbell |
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 |