REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, October 2, 2012,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

333 W. Santa Ana Blvd., 10 Civic Center Plaza    

Santa Ana, California              

 

 

JOHN M. W. MOORLACH                    

CHAIRMAN                               

Second District

 

 

SHAWN NELSON                           

VICE CHAIRMAN                          

Fourth District

 

 

 

JANET NGUYEN                           

SUPERVISOR                             

First District

 

 

 

BILL CAMPBELL                          

SUPERVISOR                             

Third District

 

 

PATRICIA BATES                         

SUPERVISOR                             

Fifth 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 Bates, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Nguyen, First District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-14)

 

31452

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 12, 13 & 14 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; AND ITEM 7 WHICH WAS DELETED

 

DEPARTMENT APPOINTMENTS

 

1.

Treasurer-Tax Collector - Treasury Oversight Committee - Appoint Laura Parisi, Laguna Beach, for term ending 3/17/14 - All Districts

 

ELECTED DEPARTMENT HEADS

 

2.

Sheriff-Coroner - Approve amendment 2 to agreement MA-060-12010783 with Sirron Software Corporation for purchase of civil process software and annual maintenance, term ending 2/8/13 ($48,377; new total $82,685); renewable for three additional one-year periods ($43,089 year three; $43,784 year four; $44,493 year five); and authorize Purchasing Agent or authorized  Deputy to execute amendment - All Districts

 

HEALTH CARE AGENCY

 

3.

Approve agreement with Association of Public Health Laboratories (APHL) for Evaluation of Molecular Tests for TB, 7/15/12 - 6/30/13 ($119,366); and authorize Director or designee to execute agreement - All Districts

 

JOHN WAYNE AIRPORT

 

4.

Authorize Director to allocate regulated Class A average daily departures, seat capacity, remain overnight and passenger capacity to scheduled commercial passenger, cargo and commuter carriers under Phase 2 Commercial Airline Access Plan and Regulation for 2013 Plan Year; approve related actions; and make California Environmental Quality Act findings - District 2

 

OC COMMUNITY RESOURCES

 

5.

Approve amendment 3 to agreement M1-ED-11 with Orange County Business Council for additional services under Workforce Innovation Fund Project, 9/1/12 - 6/30/13 ($315,000; new total $540,000); and authorize Director or designee to execute amendment and exercise cost contingency increase or decrease not to exceed 10%; and make line item budget transfers and changes to scope of work under certain conditions - All Districts

 

6.

Approve termination agreement with United States Fish and Wildlife Service, California Department of Fish and Game and Shea Homes Limited Partnership for Aliso Creek Wildlife Habitat Enhancement Project; and make California Environmental Quality Act findings - District 5

 

OC PUBLIC WORKS

 

7.

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 (Continued from 9/11/12, Item 27)

31452

DELETED

 

8.

Approve plans and specifications and set bid opening for 10/31/12, 2:00 p.m., for Osborne Building elevator controls and controllers replacement project; and make California Environmental Quality Act findings - District 1

 

9.

Approve agreement 12-0083 with the State Department of Food and Agriculture for reimbursement of costs related to inspection of high-risk plant shipments, 7/1/12 - 6/30/13 ($159,572); authorize Director or designee to execute agreement; and make California Environmental Quality Act findings - All Districts

 

10.

Adopt resolution vacating reserved utility easement located on Collins Avenue, Anaheim; and make California Environmental Quality Act and other findings - District 4 (Continued from 9/25/12, Item 20)

 

RESO: 12-141

 

11.

Acting as the Board of Supervisors and Orange County Flood Control District - Select various firms in ranked list for on-call map checking services; authorize negotiation of agreements for Board approval for up to 3 years; and make California Environmental Quality Act findings - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

12.

Approve 2013 Board of Supervisors Meeting Schedule - All Districts

13452

APPROVED RECOMMENDED MEETING SCHEDULE WITH MODIFICATIONS TO ADD A MEETING ON 1/7/13 FOR THE SWEARING-IN OF SUPERVISORS TO BE HELD AT THE OLD COUNTY COURTHOUSE WITH TIME TO BE DETERMINED AND TO REMOVE THE MEETING ON 11/26/13

 

13.

Approve proposed amendments to the Conflict of Interest Code Designated Filers Exhibits for County Executive Office, District Attorney and OC Waste & Recycling - All Districts

43152

APPROVED AS RECOMMENDED

 

14.

County Counsel - Authorize County Counsel to execute a waiver of any actual and/or potential conflict of interest and provide consent on specific conditions to Best Best & Krieger, LLP to represent Santa Margarita Water District in connection with Gobernadora Multi-Purpose Basin Implementation agreement - All Districts

43152

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 15-S22A)

 

DEPARTMENT APPOINTMENTS

 

15.

Health Care Agency - CalOptima Board of Directors - Select and appoint one candidate to serve as community clinic representative and one candidate to serve as for-profit business representative, for terms ending 9/30/16 - All Districts (Continued from 9/25/12, Item 26)

14352
    N

APPOINTED TRICIA NGUYEN TO COMMUNITY CLINIC REPRESENTATIVE AND PETER AGARWAL TO FOR-PROFIT BUSINESS REPRESENTATIVE

 

ELECTED DEPARTMENT HEADS

 

16.

Treasurer-Tax Collector - Adopt resolution authorizing Tustin Unified School District to issue General Obligation Bonds of School Facilities Improvement District No. 2008-1, 2008 Election, Series C, accepting District obligation for payment of County costs of issuing bonds and taking related actions - District 3

35142

APPROVED AS RECOMMENDED

 

RESO: 12-142

 

OC COMMUNITY RESOURCES

 

17.

Deny bid protest from Facility Builders and Erectors, Inc.; receive bids and award contract to Silver Creek, Inc. for Irvine Regional Park Maintenance Yard Project ($1,761,669); and make California Environmental Quality Act findings - District 3

31452

APPROVED AS RECOMMENDED

 

18.

Select LPA, Inc. as primary and MIG, Inc. as alternate firms to prepare a General Development Plan for Regional Park, former Marine Corps Air Station (MCAS) Tustin; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - District 3

31452

APPROVED AS RECOMMENDED

 

19.

Select Moffatt & Nichol as primary and Noble Consultants, Inc. as alternate firms for design and consulting services for Sunset Harbour maintenance dredging project; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - District 2

23145

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

20.

Acting as the legislative body of Community Facilities Districts - Select VA Consulting, Inc. and approve agreement 12-010DE to provide District Engineer services for Community Facilities Districts and Assessment Districts; effective upon approval and terminating on 9/30/17 ($400,000 per year); and authorize Public Finance Manager or designee to execute agreement - All Districts

53142

APPROVED AS RECOMMENDED

 

21.

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

35142

APPROVED AS RECOMMENDED

 

22.

Approve grant applications/awards submitted by Health Care Agency in 10/2/12 grant report and other actions as recommended; adopt resolution authorizing Director or designee to submit grant applications for continued funding of various department programs, rescinding Resolution 11-153 and directing annual submittal of a list of routine continued funding grant applications for Board approval; and adopt resolutions authorizing Director or designee to submit and execute applications, related documents and amendments to State Department of Resources Recycling and Recovery (CalRecycle) for Local Enforcement Agency grant, Used Oil Payment Program and Waste Tire Enforcement Grant - All Districts

13452

APPROVED AS RECOMMENDED

 

RESO: 12-143 - 12-146

 

S22A.

Chairman Moorlach - California State Association of Counties - Appoint Supervisor Moorlach  as Regular Member and Supervisor Nelson as Alternate Member for term 11/27/12 - 11/26/13

25134

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (Items 23-24)

 

ELECTED DEPARTMENT HEADS

 

23.

Sheriff-Coroner - Public Hearing to consider approving use of FY 2012-13 State Citizens' Options for Public Safety (COPS) Program Supplemental Law Enforcement Services Funds - All Districts

B.O.

CLOSED PUBLIC HEARING

 

14352

APPROVED AS RECOMMENDED

 

 

                                                                      1:30 P.M.TIME CERTAIN

 

 

OC PUBLIC WORKS

 

24.

Public hearing to consider reading and adopting "An Ordinance of the Board of Supervisors of the County of Orange, California Amending the Foothill/Trabuco Specific Plan"; adopt resolutions certifying final EIR No. 661 and planning application PA110027 for Saddle Crest Homes Project for a General Plan Amendment, Foothill/Trabuco Specific Plan amendment and area plan; and make California Environmental Quality act findings - District 3

B.O.

CLOSED PUBLIC HEARING

 

32145

APPROVED AS RECOMMENDED

 

RESO: 12-147 - 12-149
 ORD: 12-031

 

V.   CLOSED SESSION (Items CS-1-SCS3)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  Dorothy McKay, et al. v. Sheriff Sandra Hutchens, et al., United States District Court Case No. SACV 12-1458JVS (JPRx)

B.O.

HELD, NO REPORTABLE ACTION

 

SCS2.

Human Resources Department - 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 Attorneys Association (OCAA), Orange County Employees Association (OCEA) and Orange County Managers Association (OCMA)
RE:  Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

SCS3.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  801 W. Civic Center Drive, Santa Ana, CA; 405 W. 5th Street, Santa Ana, CA; 200 W. Santa Ana Blvd., Santa Ana, CA
County Negotiator:  Robert J. Franz
Negotiating Party:  Old Republic Default Management Services; Birtcher Anderson Investors, LLC; Greenwich Capital Financial Products, Inc.
Under Negotiation:  Terms and value of acquisition

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Michael Klubnikin - Oral Re:  seizure of estate

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

None

 

ADJOURNED:  3:52 P.M.

52134

Adjourned in memory of Richard & Lenore Oyler

 

32145

Adjourned in memory of Jim Sleeper

 

12345

Adjourned in memory of previous Supervisor Charles "Chuck" Smith

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Nguyen

A.  =   Abstained

2. = Supervisor Moorlach

X.  =   Excused

3. = Supervisor Campbell

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