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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: |
COUNTY EXECUTIVE
OFFICER |
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Michael B.
Giancola |
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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 Bates, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Spitzer, Third District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Vice Chair Bates recognized Orange County
Waste & Recycling for receiving the 2013 Arnold O. Beckman Corporate
Eco-Challenge Award |
II. CONSENT CALENDAR (Items 1-10)
52134 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 3, 5, 6 & 7 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Chairman
Nelson: |
1. |
Emergency
Medical Care Committee - Reappoint Jon D. Gilwee, Fullerton, for term ending
6/30/15 |
2. |
Community
Action Partnership of Orange County - Appoint Susan Petrella, Fullerton, for
term concurrent with 4th District Supervisor's term of office |
3. |
Supervisor Spitzer - Orange
County Human Relations Commission - Appoint Richard Steinberg, Lake
Forest, for term ending 10/7/15 |
32154 |
APPROVED AS RECOMMENDED |
COMMENDATIONS/PROCLAMATIONS/REPORTS
4. |
Supervisor Nguyen - Adopt
resolution recognizing and congratulating the State Tuberculosis (TB)
Control Branch on the centennial of its establishment |
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RESO: 13-103 |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
5. |
Approve
waiver of Carry Concealed Weapon license fees for volunteer Reserve Peace
Officers and Sheriff Special Officers; and make appropriate findings -
All Districts |
25134 |
APPROVED
AS RECOMMENDED |
6. |
Adopt
resolution approving submission of response to request for proposal of the
Board of State and Community Corrections for construction of Criminal
Justice Facility programs and treatment services, James A. Musick Facility;
authorize Sheriff-Coroner Sandra Hutchens to execute RFP; approve related
actions, assurances and certifications; and find that Final Environmental
Impact Report 564 as certified on November 5, 1996, and recertified as
amended on October 20, 1998, together with the Supplement to EIR No. 564,
certified by the Board of Supervisors on December 11, 2012, fully analyzed
and disclosed the proposed project's environmental effects under the SB 1022
RFP portion of the project, and that the proposed project would not have any environmental
effects beyond those analyzed and disclosed in these environmental documents
and provide adequate documentation under the California Environmental Quality
Act findings - District 3 |
35124 |
APPROVED
STAFFS' RECOMMENDED ACTIONS WITH THE FOLLOWING AMENDMENTS INCLUDING CHANGING
THE CORRESPONDING LANGUAGE IN THE RESOLUTION: APPROVED CHANGES AS SUBMITTED
IN 10/7/13 MEMO FROM THE SHERIFF-CORONER TO RECOMMENDED ACTIONS 11 AND 16 AND
DELETED THE SUBMITTED CHANGE TO 19; ALSO APPROVED A CHANGE SUBMITTED IN A
HANDOUT AT THE MEETING FROM SUPERVISOR SPITZER ADDING TO THE END OF
RECOMMENDED ACTION 2 "HOWEVER,
THESE SB 1022 FUNDS WILL BE LIMITED TO THE FUNDING OF 384 BEDS"; AND A
CORRECTION WAS MADE TO PAGE 2, FIRST PARAGRAPH OF THE DRAFT RESOLUTION
CHANGING 348 TO 384 BEDS. |
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RESO: 13-104 |
7. |
Approve
amendment 2 to agreement MA-060-12010640 with All City Management Services,
Inc. for increase in hourly rate for crossing guard services, 11/1/13 -
10/31/14 ($530,000); renewable for two additional one year periods; and
authorize Purchasing Agent or authorized Deputy to execute amendment - All
Districts |
45123 |
APPROVED
AS RECOMMENDED |
OC COMMUNITY RESOURCES
8. |
Approve
agreement CPO13-003 with Project Dimensions, Inc. for on-call
architect/engineer project management and contract administration
services, three-year term commencing date of execution ($400,000); and make
California Environmental Quality Act findings - All Districts |
9. |
Approve
agreements MA-012-14010229 with Landscape West Management Services, Inc. DBA
Palo Verde Landscape Management Co. ($354,010) and MA-012-14010231 with
So Cal Land Maintenance, Inc. ($150,347) for landscape maintenance services,
Carbon Canyon, Clark and Tri-City Regional Parks, 10/8/13 - 10/7/14;
renewable for four one-year periods; authorize Purchasing Agent or authorized
Deputy to execute agreements; and make California Environmental Quality Act
findings - District 4 (Continued from 10/1/13, Item 10) |
OC PUBLIC WORKS
10. |
Approve
plans and specifications and set bid opening for 11/13/13, 2:00 p.m., for
Building 10 Elevator Controls Replacement project; and make California
Environmental Quality Act findings - District 1 |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 11-S16A)
HEALTH CARE AGENCY
11. |
Approve
master agreement with various providers of Nutrition Services/Network for
Healthy California – Orange County, 10/15/13 - 9/30/15 ($4,595,000);
renewable for one additional year; and authorize Director or designee to
execute individual agreements and to exercise contingency cost increase not
exceed 10% - All Districts |
15234 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
12. |
Approve
amendment 2 to agreement MA-080-12010821 with De Par Inc. dba Associated
Laboratories, Physis Environmental Laboratories Inc., Truesdail
Laboratories Inc., and Weck Analytical Environmental Services Inc. for water
quality analytical services, 12/20/13 - 12/19/14 ($979,500); and make
California Environmental Quality Act findings - All Districts |
12354 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
13. |
Approve
amendment 4 to lease agreement with County of Los Angeles for office space at
Data Center, extending term 11/30/18; and make California Environmental
Quality Act findings - All Districts |
24135 |
APPROVED
AS RECOMMENDED |
14. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All
Districts |
25134 |
APPROVED
AS RECOMMENDED |
15. |
Approve
grant applications/awards submitted by OC Public Works and ratify retroactive
grant applications/award submitted by District Attorney in 10/8/13 grant
report and other actions as recommended; adopt resolution authorizing
District Attorney or designee to execute grant agreements and amendments with
State Governor's Office of Emergency Services (Cal OES) for
Unserved/Underserved Victim Advocacy and Outreach Services Program, 7/1/13 -
6/30/14 ($156,250); and make California Environmental Quality Act and other
findings - All Districts |
34125 |
APPROVED
AS RECOMMENDED |
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RESO: 13-105 |
16. |
Supervisor Moorlach - Approve
cancellation of 11/19/13 regular meeting of the Board of Supervisors -
All Districts |
52134 |
APPROVED CHANGE IN START TIME OF 11/19/13
BOARD MEETING TO 8:00 A.M. |
S16A. |
County Counsel - Adopt
resolution rescinding Resolution 04-120 in its entirety and affirm Board
authority to award contracts for ambulance services in unincorporated areas -
All Districts |
35124 |
MOTION APPROVED TO NOT RESCIND THE
AUTHORITY DELEGATED TO ORANGE COUNTY FIRE AUTHORITY (OCFA) TO CONDUCT REQUEST
FOR PROPOSALS FOR 911 AMBULANCE SERVICES AND APPROVED ISSUANCE OF THE 10/8/13
DRAFT LETTER FROM HCA/EMERGENCY MEDICAL SERVICES TO CHIEF KEITH RICHTER,
OCFA, AND ADOPTED THE FIVE RECOMMENDATIONS IN THE LETTER |
IV. PUBLIC HEARINGS (Item 17)
OC PUBLIC WORKS
17. |
Relying
upon Mitigated Negative Declaration IP 08-048 and Addendum IP 12-010 as
compliance under the California Environmental Quality Act, conduct public
hearing to consider reading and adoption of "An Ordinance of the County
of Orange, California Adding Section 7-1-2 of the Codified Ordinances of the
County of Orange Related to Reasonable Accommodation", "An
Ordinance of the County of Orange, California Amending Sections 7-9-24,
7-9-26, 7-9-40 and 7-9-41 of the Codified Ordinances of the County of Orange
Related to Definitions of Community Care Facility, Emergency Shelter,
Supportive Housing and Transitional Housing", "An Ordinance of the
County of Orange, California Amending Section 7-9-34 and Section 7-9-148, ET.
SEQ., of the Codified Ordinances of the County of Orange Related to the
Definition of Multi-Service Center for the Homeless, Housing Opportunities
Overlay Regulations and Emergency Shelter/Multi-Service Center for the
Homeless Site Development Standards and Operational Requirements",
"An Ordinance of the County of Orange, California Amending Section
7-9-40 and Section 7-9-140 of the Codified Ordinances of the County of Orange
Related to the Definition of Senior Citizen and Senior Citizen Housing, and
Density Bonus Regulations" and "An Ordinance of the County of
Orange, California Adding Section 7-9-148.7 (c) of the Codified Ordinances of
the County of Orange Related to Graduated Density Zoning" - All
Districts |
B.O. |
CONTINUED TO 10/22/13, 9:30 A.M. |
V. CLOSED SESSION
GENERAL ADMINISTRATION
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County Counsel: |
CS-1. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD,
NO REPORTABLE ACTION |
CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF
LITIGATION - Pursuant to Government Code Section 54956.9(d)(4): |
B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, AUTHORIZED WOODRUFF, SPRADLIN, SMART AND COUNTY COUNSEL TO
FILE LITIGATION ON BEHALF OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT. THE IDENTITY OF THE PARTIES AND OTHER
PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY ONCE THE ACTION IS
FILED. |
CS-3. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section
54957.6:Agency Negotiator: Steve
DanleyEmployee 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 other non-represented employeesRE: Terms and Conditions of Employment |
B.O. |
DELETED |
SCS4. |
County Counsel - 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 UNANIMOUS VOTE, AUTHORIZED
COUNTY COUNSEL TO ENGAGE THE SERVICES OF MEYERS NAVE RIBACK SILVER &
WILSON TO PROVIDE LEGAL SERVICES AND ADVICE REGARDING ANTICIPATED LITIGATION. |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
Michael
Klubnikin - Oral Re: Racketeering and extortion by Internal Audit, Public
Guardian, County Counsel and Board of Supervisors |
Stephen
Wontrobski - Oral Re: OC Fire Authority equity adjustments |
Ilya Tseglin & Robert Tseglin - Oral
Re: OC Regional Center, social workers |
COUNTY EXECUTIVE OFFICER COMMENTS:
None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
Supervisor Spitzer - Oral Re: 2013 Solar
Decathlon at The Great Park; Cowan Heights & Baker Ranch fires; Task
Force between OC Fire Authority and County Code Enforcement; and collapse of
Tustin blimp hangar roof |
Supervisor Nguyen - Oral Re: Live vs online
training for Prevention of Harassment, Discrimination and Retaliation |
Vice Chair Bates - Oral Re: Efforts in
passage of SB 298 by Orange County's Sacramento delegation, led by Assembly
Member Diane Harkey |
Supervisor Moorlach - Oral Re: 125th
Anniversary of the County of Orange in 2014 |
ADJOURNED:
12:51 P.M.
24135 |
Adjourned in memory of Pastor Chuck Smith |
52345 |
Adjourned in memory of Rev. K. Dean Echols |
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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 |