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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: |
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 Campbell, Third District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Nelson, Fourth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Chairman Moorlach showed the film
"Boatlift" for Patriot Day, in remembrance of those who were
injured or lost their lives during the terrorist attacks on September 11,
2001 |
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Chairman Moorlach presented a resolution
commending READ/Orange County on its twenty years of providing literacy
services in Orange County |
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Chairman Moorlach presented a resolution
commending Friends of READ/Orange County for providing excellent support to
READ/Orange County for nineteen of the twenty years of its existence |
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Chairman
Moorlach presented a resolution proclaiming September 2012 as "National
Preparedness Month" |
II. CONSENT CALENDAR (Items 1-32)
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35142 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 14 WHICH WAS CONTINUED TO 10/16/12, 9:30 A.M.; ITEM 27 WHICH WAS
CONTINUED TO 10/2/12, 9:30 A.M.; ITEM 28 WHICH WAS DELETED; AND ITEMS 10, 11,
18, 20, 22, 29 & 32 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Supervisor Campbell - Assessment
Appeals Board No. 3 - Reappoint Habib U. Malik, Irvine, for term ending
9/6/15 |
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2. |
Supervisor Moorlach - Audit
Oversight Committee - Appoint Sarah J. Anderson, Newport Coast and Bruce
Hughes, Coto de Caza, to complete terms ending 12/31/15 |
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Supervisor
Nguyen: |
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3. |
Assessment
Appeals Board No. 2 - Reappoint Pho Van Pham, Westminster, for term
ending 9/6/15 |
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4. |
Mental
Health Board - Reappoint Jeffrey V. Davis, Huntington Beach, for term
ending 9/15/15 |
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Supervisor
Nelson: |
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5. |
Assessment
Appeals Board No. 5 - Reappoint Edward Lampkin Jr., Fullerton, for term
ending 9/6/15 |
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6. |
Assessment
Appeals Board No. 3 - Reappoint Rhonda McCune, Fullerton, for term ending
9/6/15 |
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7. |
Assessment
Appeals Board No. 2 - Reappoint Mark Pugatch, Yorba Linda, for term
ending 9/6/15 |
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8. |
Public
Financing Advisory Committee - Reappoint Wallace Rodecker, Fountain
Valley, for term ending 6/9/15 |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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9. |
Accept
grant award from U.S. Department of Justice for FY 2012 DNA Backlog
Reduction Program ($446,654); and authorize Sheriff-Coroner to execute
agreement and related documents - All Districts |
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10. |
Adopt
resolution recognizing Collaborative Organizations Active in Disasters -
Orange County (COAD-OC) and authorizing Sheriff-Coroner to execute Plan of
Cooperation to assist with activities to support COAD-OC - All Districts |
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31452 |
APPROVED
AS RECOMMENDED |
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RESO: 12-140 |
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11. |
Approve
agreement CT-060-13010004 with Tribridge Holdings LLC for personnel
history index implementation services, 9/11/12 - 6/30/13 ($475,770); and
authorize Purchasing Agent or authorized Deputy to execute agreement - All
Districts |
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23145 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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12. |
Approve
amendment 1 to master agreement MA-042-12011456 with NetChemistry, Inc.
for electronic eligibility system services for Medical Services Initiative
Program, 7/1/12 - 6/30/13 ($138,787; new total $681,261); renewable for one
additional year; and authorize Purchasing Agent or authorized Deputy to
execute amendment - All Districts |
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13. |
Approve
master agreement MA-042-13010293 with Primary Care Development
Corporation to provide training and technical assistance to Medical Services
Initiative primary care providers, 9/12/12 - 6/30/13 ($97,940); and authorize
Purchasing Agent or authorized Deputy to execute agreement - All Districts |
OC COMMUNITY RESOURCES
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14. |
Adopt
resolution approving OC Public Libraries Marketing Plan to pursue
sponsorships with non-profit organizations, private sector organizations
and businesses in support of library programs and events; and authorize County
Librarian to implement plan - All Districts |
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35142 |
CONTINUED TO 10/16/12, 9:30 A.M. |
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15. |
Approve
agreement with City of Costa Mesa to contribute funding towards Beam
Replacement Project, Donald Dungan Branch Library ($100,000); and make
California Environmental Quality Act findings - District 2 |
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16. |
Approve
agreement with City of Tustin relating to a portion of MCAS Tustin and
Orange County Regional Law Enforcement Training Center/Animal Care Center;
and make California Environmental Quality Act - District 3 |
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17. |
Approve
bidder relief report and consent to relieve Neal Electric, Inc. of bid
($1,762,335); and reject bids of Big Ben, Inc., Stronghold Engineering, Inc.
and Blois Construction, Inc., Irvine Ranch Historic Park Utility Master Plan
Project - District 3 |
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18. |
Approve
amendment 2 to agreement KC11978 with City of Laguna Woods for Phase IV
City Hall/Library Site Americans with Disabilities Act Improvements ($49,800;
new total $249,800); and authorize Director or designee to execute agreement
- All Districts |
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25134 |
APPROVED AS RECOMMENDED |
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19. |
Approve
reallocation of first year ($25,000 increase) and second year ($25,000
decrease) maximum compensation under the master agreement to continue
services provided by contract veterinarians; and authorize Director or
designee to exercise cost contingency increase not to exceed 10% - All
Districts |
OC PUBLIC WORKS
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20. |
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; 8/14/12, Item 12) |
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32145 |
APPROVED AS RECOMMENDED |
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RESO: 12-133 |
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21. |
Approve
plans and specifications and set bid opening for 10/10/12, 2:00 p.m., for
General Contracting Job Order Contract; and make California Environmental
Quality Act findings - All Districts |
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22. |
Approve
plans and specifications and set bid opening for 10/10/12, 2:00 p.m., for
Moulton Parkway Widening Project (Segment 3, Phase II); adopt resolution
declaring portions of Moulton Parkway as County highways for construction
purposes; approve pre-qualified list of contractors and find addendum IP
09-048 to Final EIR 542 is adequate to satisfy requirements of California
Environmental Quality Act - District 5 (4/5 vote of the membership) |
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35142 |
APPROVED WITH MODIFICATION TO RECOMMENDED
ACTION 1 TO INCLUDE ADDENDUM IP 09-048 WITH FINAL EIR 542 IN MAKING
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS |
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RESO: 12-134 |
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23. |
Adopt
resolution declaring portions of streets in Westminster related to Midway
City Street and Drain Project to no longer be County highways; and make
California Environmental Quality Act findings - District 1 |
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RESO: 12-135 |
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24. |
Approve
agreement D11-093 with the City of Huntington Beach for rehabilitation of
pavement surface of Sunset Beach streets annexed into the City
($300,000); authorize Auditor-Controller to make related payments; and make
California Environmental Quality Act findings - District 2 |
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25. |
Approve
agreement MA-080-11010177 with Republic Intelligent Transportation Services,
Inc. for traffic signal maintenance services, 10/1/12 - 9/30/13
($507,317); and make California Environmental Quality Act findings - All
Districts |
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26. |
Adopt
and certify Mitigated Negative Declaration IP 12-080; approve proposed
widening of Edinger Avenue Bridge over Santa Ana River Project; return to
the Board for approval of final plans and specifications and authorization to
advertise for bids; and make California Environmental Quality Act findings -
District 1 |
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27. |
Select
Jones Lang LaSalle Americas Inc. as primary and Keyser Marston Associates as
alternate firms to assist with negotiations and development oversight of
the master developer for 100 acre parcel at former MCAS El Toro and to
develop disposition strategy for Alton parcels; authorize negotiation of
agreement for Board approval; and make California Environmental Quality Act
findings - District 3 |
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35142 |
CONTINUED TO 10/2/12, 9:30 A.M. |
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28. |
Approve
amendment 1 to agreement MA-080-11010170 with Orange County Transportation
Authority for a Bus Stop Maintenance Assistance Program, 12/1/12 -
11/30/13 ($7,182.76); renewable for one additional year; and make California
Environmental Quality Act findings - Districts 3 and 4 |
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35142 |
DELETED |
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29. |
Acting as the Orange County Flood Control
District - Approve
agreements D12-048 with the City of Chino and D12-049 with the County of
San Bernardino for construction of the Yorba Slaughter Adobe Protection
Project (potential cost up to $135,000); authorize Director or designee to
perform related actions and execute related documents; and make California
Environmental Quality Act and other findings - All Districts |
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25134 |
APPROVED AS RECOMMENDED |
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30. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
contracts, conveyance of certain Orange County Flood Control Districts and
County of Orange parcels to the Orange County Transportation Authority, and
the acquisition of access rights to the Orange County Flood Control District
to enable Orange County Transportation Authority's construction of a street
overpass of a railroad crossing; authorize Director or designee to execute
related documents and amendments; and make California Environmental Quality
Act findings - District 3 |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
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31. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for the Anaheim City School District - All Districts |
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32. |
Approve
initial Conflict of Interest Code for the Oversight Board of the County
of Orange as Successor Agency to the Orange County Development Agency - All
Districts |
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35142 |
APPROVED
AS RECOMMENDED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 33-56)
ELECTED DEPARTMENT HEADS
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33. |
Assessor Department - Approve
amendment 6 to master agreement MA-002-11012392 with Xerox State and
Local Solutions Inc., for technical IT support staff, ATS Re-Engineering
Project, 9/30/12 - 11/11/12 ($175,000; new total $15,917,039); and authorize
Purchasing Agent or authorized Deputy to execute amendment- All Districts |
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34152 |
APPROVED AS RECOMMENDED |
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34. |
District Attorney - Direct
Human Resources Director to amend master position control to add seven
recommended positions - All Districts |
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B.O. |
CONTINUED TO 9/25/12, 9:30 A.M. |
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Sheriff-Coroner: |
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35. |
Approve
agreement MA-060-13010027 with Rancho Santiago Community College District for
tuition/registration fees for Criminal Justice Academy classes, 9/18/12 -
9/17/17 ($950,000); and authorize Purchasing Agent or authorized Deputy to
execute agreement - All Districts |
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13452 |
APPROVED
AS RECOMMENDED |
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36. |
Approve
amendment 1 to agreement MA-060-12010912 with Knowledge & Intelligence
Program Professionals, Inc. revising course descriptions for terrorism
liaison officer training, term ending 12/31/12; renewable for four additional
years; and authorize Purchasing Agent or authorized Deputy to execute
amendment - All Districts |
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13452 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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37. |
Approve
agreement with Cerner Corporation for Behavioral Health Electronic Health
Record System services, 9/11/12 - 6/30/16 ($7,323,671); and authorize
Director or designee to execute agreement - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
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38. |
Approve
agreement EPO 12-30 with State Department of Public Health for Center for
Disease Control Public Health Emergency Preparedness Grant, State General
Fund Pandemic Influenza Grant, and Health and Human Services Hospital
Preparedness Program funds, FY 2012-13 ($4,100,438) - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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39. |
Approve
Certificated Passenger Airline Lease with ABC Aerolineas, S.A. de C.V. dba
InterJet; and make California Environmental Quality Act findings -
District 2 (4/5 vote of members present) |
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23145 |
APPROVED AS RECOMMENDED |
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40. |
Approve
Certificated Passenger Airline Operating License with Skywest Airlines, Inc.;
and make California Environmental Quality Act findings - District 2 (4/5 vote
of members present) |
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23145 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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41. |
Consider
second reading and adoption of "An Ordinance of the County of Orange,
California, Amending Sections 4-1-76, 5-1-1 and 5-1-29 of the Codified
Ordinances of the County of Orange to Clarify the Requirements for Certain
Permits and Licenses for the Keeping and Maintenance of Animals and for the
Operation of Fixed and Mobile Animal Grooming Parlors" - All Districts
(Continued from 8/21/12, Item 34) |
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32145 |
APPROVED AS RECOMMENDED |
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ORD: 12-030 |
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42. |
Approve
sponsor agreement with Orange County Conservation Corps for removal of
arundo donax, Aliso and Wood Canyons Wilderness Park; and make California
Environmental Quality Act findings - District 5 |
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54132 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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43. |
Approve
agreement MA-080-12012247 with Digital Archive Technology, LLC and HOV
Services, Inc. for scanning, indexing and imaging services, term ending
5/6/13 ($477,000); renewable for three additional one-year periods; authorize
Purchasing Agent or authorized Deputy to execute agreement and make
California Environmental Quality Act findings - All Districts |
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14352 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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44. |
Select
SWT Engineering, Inc. and Tetra Tech BAS, Inc. as primary and Geo-Logic
Associates as alternate firms for environmental multi-discipline engineering
services, North Region Landfills; authorize negotiation of agreements for
Board approval; and make California Environmental Quality Act findings -
Districts 3 & 4 |
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43152 |
APPROVED AS RECOMMENDED |
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45. |
Select
Geosyntec Consultants and Tetra Tech BAS as primary and Geo-Logic
Associates as alternate firms for multi-discipline engineering support
services; authorize negotiation of agreement for Board approval; and make
California Environmental Quality Act findings - Districts 2 & 3 |
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32145 |
APPROVED AS RECOMMENDED |
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46. |
Approve
master agreement MA-299-13010267 with Environ Strategy Consultants, Inc.
for operation and maintenance services of groundwater control and monitoring
and water supply systems, North Region Landfills, 11/23/12 - 11/22/15
($1,050,000); renewable for two additional one-year periods ($350,000 per
year); authorize Purchasing Agent or authorized Deputy to execute agreement;
and make California Environmental Quality Act findings - Districts 3 & 4 |
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43152 |
APPROVED AS RECOMMENDED |
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47. |
Approve
agreement MA-299-13010182 with LSA Associates, Inc. for biological and
archaeological/paleontological services, South Region Landfills, 9/11/12 -
9/10/15 ($950,000); and make California Environmental Quality Act findings -
Districts 2, 3 & 5 |
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35142 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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48. |
Approve
proposed response to FY 2011-12 Grand Jury Report "Orange County
Juvenile Detention and Treatment Facilities" - All Districts |
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43152 |
APPROVED
AS RECOMMENDED |
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49. |
Approve
proposed response to FY 2011-12 Grand Jury Report "Detention Facilities
Report: Part 1-Adult" - All Districts |
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32145 |
APPROVED
AS RECOMMENDED |
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50. |
Approve
proposed response to FY 2011-12 Grand Jury Report "Nesi/Site Study: The Saga Continues" - All
Districts |
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35142 |
APPROVED
AS RECOMMENDED |
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51. |
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 (Continued
from 8/14/12, Item 26; 8/21/12, Item 44) |
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45132 |
APPROVED
AS RECOMMENDED |
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52. |
Approve
amendment 3 to agreement MA-017-11010285 with Platinum Advisors, LLC, for
State Legislative Advocacy services, 1/1/13 - 9/30/14 ($264,000 first year
and $198,000 second year), plus authorized expenses approved in advance; and
make California Environmental Quality Act findings - All Districts |
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35142 |
APPROVED
AS RECOMMENDED |
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53. |
Approve
recommended positions on introduced or amended legislation and consider
other legislative subject matters - All Districts |
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53142 |
RECEIVED
AND FILED |
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54. |
Approve
grant applications/awards submitted by District Attorney, John Wayne
Airport, OC Community Resources and Sheriff-Coroner in 9/11/12 grant report
and other actions as recommended - All Districts |
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43152 |
APPROVED
AS RECOMMENDED |
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55. |
Approve
proposed response to FY 2011-12 Grand Jury Report "Sex Trafficking
of Girls" - All Districts |
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45132 |
APPROVED
AS RECOMMENDED |
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56. |
Acting
as the Board of Supervisors, South Orange County Public Financing
Authority, Legislative Body of Community Facilities Districts 86-1 (Rancho
Santa Margarita), 86-2 (Rancho Santa Margarita), 87-1 (Dimensions Business
Park), 87-2 (Portola Hills), 87-3 (Mission Viejo), 87-4 (Foothill Ranch),
87-5A (Rancho Santa Margarita), 87-5B (Rancho Santa Margarita), 87-5C (Rancho
Santa Margarita), 87-5D (Rancho Santa Margarita), 87-5E (Rancho Santa
Margarita), 87-6 (Baker Ranch), 87-7 (Los Alisos), 87-8 (Coto de Caza), 87-9
(Santa Teresita), 88-1 (Aliso Viejo), 88-2 (Lomas Laguna), 99-1 (Ladera
Ranch), 2000-1 (Ladera Ranch), 2001-1 (Ladera Ranch), 2002-1 (Ladera Ranch),
2003-1 (Ladera Ranch), 2004-1 (Ladera Ranch) and Assessment Districts 88-1
(Irvine Coast), 92-1 (Newport Ridge), 94-1 (Golden Lantern), 99-1R (Newport Coast
Reassessment District) and Newport Coast Phase IV 01-1 (Newport Coast) - Approve agreement 12-006FA with Fieldman,
Rolapp & Associates, Inc. for general financial advisory services,
effective upon approval and terminating 9/30/14 ($100,000 per year); and
authorize Public Finance Manager or designee to execute agreement - All
Districts |
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53142 |
APPROVED
AS RECOMMENDED |
IV. PUBLIC HEARINGS (None)
V. CLOSED SESSION (Items CS-1-CS-5)
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 BOARD BY A UNANIMOUS VOTE, APPROVED A
PROPOSED SETTLEMENT IN THE CASE OF COUNTY OF ORANGE V. EASTCOM CORP., ETC.,
ET AL., OCSC CASE NO. 30-2011-00526759, INCLUDING THE APPROVAL OF A TWO YEAR
LEASE AGREEMENT AT 888 NORTH MAIN STREET, SANTA ANA, AS A PART OF THE
SETTLEMENT. THE PROPOSED SETTLEMENT
AND LEASE REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT AND
LEASE BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF COUNTY
COUNSEL 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 - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(a): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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Human Resource
Services: |
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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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CS-5. |
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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Michael Klubnikin - Oral Re: Public
fiduciary |
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Darrell Nolta - Oral Re: Death in Theo Lacy
jail, ambulance services and Ron Norby |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Campbell - Oral Re: Coastal and
Trails Clean Up Day on 9/15/12 |
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Supervisor Nguyen - Oral Re: Thank you to
all the organizations and volunteers that participated in the 5th Annual
Townsend Raitt Street and Resource Fair and the 3rd Annual Central County
Senior Caregiver Expo |
ADJOURNED:
1:07 P.M.
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52134 |
Adjourned in memory of Chris G. Alexander |
|
32145 |
Adjourned in memory of Neil Armstrong |
***
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 |