REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, December 11, 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

 

Chairman Moorlach recognized volunteer dog handlers

 

Chairman Moorlach presented the Solid Waste Association of North America Silver Award to OC Waste & Recycling for their Public Outreach Programs

 

II.   CONSENT CALENDAR (Items 1-22)

 

34152

APPROVED AS RECOMMENDED WITH THE EXCEPT OF ITEMS 8 & 15 WHICH WERE CONTINUED TO 12/18/12, 9:30 A.M.; AND ITEMS 1, 9, 21 & 22 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Nguyen - Oversight Board of the Successor to the City Redevelopment Agencies, Garden Grove - Appoint Jeremy Harris

13452

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

2.

Auditor-Controller - Receive and file Auditor-Controller Internal Audit Unit's Quarterly Status Report, August through November 2012 - All Districts

 

3.

Sheriff-Coroner - Approve modification to five year agreement DROIGSA-10-0001 with U.S. Immigration and Customs Enforcement (ICE) to amend ICE detention standards; and authorize Sheriff-Coroner or designee to execute modification - All Districts

 

HEALTH CARE AGENCY

 

4.

Approve selection of and agreement with AIDS Services Foundation Orange County for HIV Prevention services, 1/1/13 - 6/30/13 ($144,016) and 7/1/13 - 6/30/14 ($244,285); and authorize Director or designee to exercise cost contingency increase of agreement not to exceed 10% under certain conditions and to execute agreement - All Districts

 

5.

Approve amendment 1 to agreement with Phoenix House Orange County, Inc. for Parolee Services Network Residential services, 7/1/12 - 6/30/13 ($46,590; new total $132,000); and authorize Director or designee to execute amendment - All Districts

 

OC COMMUNITY RESOURCES

 

6.

Approve agreement OCP12-019 with APSI Construction Management for administration and contract management services of OC Parks capital projects, three year term ($400,000); and make California Environmental Quality Act findings - All Districts

 

7.

Approve plans and specifications and set bid opening for 1/30/13, 2:00 p.m., for Irvine Ranch Historic Park Utility Infrastructure Construction Project; and make California Environmental Quality Act findings - District 3

 

8.

Approve amended bylaws to Senior Citizens Advisory Council - All Districts

34152

CONTINUED TO 12/18/12, 9:30 A.M.

 

9.

Approve Friends of the Library license agreement template to formalize relationship between each of the Friends of the Library organizations and OC Public Libraries; and make California Environmental Quality Act findings - All Districts

51342

APPROVED AS RECOMMENDED

 

10.

Acting as the Orange County Housing Authority - Approve renewal of Memorandum of Agreement with Anaheim and Garden Grove Housing Authorities for inter-jurisdictional mobility supporting maintenance of Housing Choice Voucher assistance to eligible households that choose to relocate within County of Orange, 12/1/12 - 11/30/17; and authorize Director or designee to execute agreement - All Districts

 

OC PUBLIC WORKS

 

11.

Adopt resolution declaring La Pata Avenue as a County Highway for the County Maintained Road System; and make California Environmental Quality Act and other findings - District 5

 

RESO: 12-174

 

12.

Receive and file development fee deposit balance reports FY 2011-12; and find deposits held more than five years be retained for future projects within specified fee programs; and make California Environmental Quality Act findings - All Districts

 

13.

Approve dissolution of Administrative Review Board; and make California Environmental Quality Act findings - All Districts

 

14.

Approve amendment 2 to agreement MA-080-10012094 with J&J Landscaping for weed abatement services ($45,000; new total $342,000); and make California Environmental Quality Act findings - All Districts

 

15.

Acting as the Board of Supervisors - Approve agreement with Rancho Santa Margarita Water District and San Juan Investment North, LLC for water quality and local flood control services, Gobernadora Multi-Purpose Basin; and make California Environmental Quality Act and other findings; Acting as the Orange County Flood Control District - Approve funding for construction inspection, annual operation and maintenance of flood retention component of basin - District 5

34152

CONTINUED TO 12/18/12, 9:30 A.M.

 

16.

Select AECOM as primary and Wayne C. Siu, Architects as alternate firms for architect-engineer services at various Probation Department facilities; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - Districts 1 and 3

 

17.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement D12-074 with the City of Westminster for graffiti abatement and street sweeping services in the unincorporated islands within the City's Sphere of Influence, 1/15/13 - 1/14/14 ($58,000); renewable for four additional years; authorize Director or designee to execute agreement; and make California Environmental Quality Act findings –  District 1

 

OC WASTE & RECYCLING

 

18.

Approve agreement MA-299-13010448 with Paradigm Software, LLC for software license, version upgrade, installation and implementation, maintenance and support services, 1/1/13 - 12/31/17 ($718,763); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - All Districts

 

SOCIAL SERVICES AGENCY

 

19.

Approve amended bylaws to Orange County Child Care and Development Planning Council - All Districts

 

20.

Approve agreement MA-063-13010714 with Bear Data Solutions, Inc. for Cisco Smartnet equipment maintenance services, 1/1/13 - 12/31/13 ($164,535); renewable for four one-year periods; and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

GENERAL ADMINISTRATION

 

 

Internal Audit:

 

21.

Receive and file Internal Audit Department Monthly Activity Status Report for November 2012 - All Districts

43152

APPROVED AS RECOMMENDED

 

22.

Approve amended Audit Oversight Committee Charter and bylaws, effective 1/1/13 - All Districts

25134

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 

III.  DISCUSSION ITEMS (Items 23-31)

 

HEALTH CARE AGENCY

 

23.

Adopt resolution approving amendment to agreement 12-89327 with State Department of Health Care Services for Cancer Detection Partnership services, 1/1/12 - 12/31/14; and authorize Director or designee to execute agreement - All Districts

51342

APPROVED AS RECOMMENDED

 

RESO: 12-175

 

JOHN WAYNE AIRPORT

 

24.

Approve amendment 5 to agreement with T.Y. Lin International/Integrated Design Services (TYLin/IDS) for changes in engineering services to seismic remediation of elevated roadways, ($90,628; new total $1,890,461); and make California Environmental Quality Act findings - District 2

25134

APPROVED AS RECOMMENDED

 

OC DANA POINT HARBOR

 

25.

Receive staff report; adopt resolution certifying Final SEIR 613 under the California Environmental Quality Act adopting Mitigation Monitoring and Reporting Program, Statement of Findings of Facts and Statement of Overriding Considerations; and adopt resolution approving revised Marina Improvement project - District 5

52134

APPROVED AS RECOMMENDED

 

RESO: 12-176 - 12-177

 

OC PUBLIC WORKS

 

26.

Approve agreements D12-060 with Johnson-Frank & Associates, Inc., D12-061 with Coast Surveying, Inc., D12-062 with Huitt-Zollars, Inc., D12-063 with D. Woolley & Associates, Inc. and D12-064 with Carol Knox, Land Surveyor for on-call map checking services, three-year terms ($300,000 each); and make California Environmental Quality Act findings - All Districts

43152

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

27.

Approve agreement MA-299-13010709 with Geosyntec Consultants and Advanced Earth Sciences, Inc. for environmental multi-discipline engineering services, 12/11/12 - 12/10/15 ($2,100,000); and make California Environmental Quality Act findings - All Districts

43152

APPROVED AS RECOMMENDED

 

28.

Approve agreement MA-299-13010710 with Geosyntec Consultants and Tetra Tech BAS, Inc. for multi-discipline engineering support services, Central Region Landfills, 1/1/13 - 12/31/15 ($2,000,000); and make California Environmental Quality Act findings - Districts 2 & 3

32145

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

29.

Adopt resolution approving property tax exchange with City of Newport Beach for annexation of 1.9 acres of unincorporated territory, Emerson Island - District 2

25134

APPROVED AS RECOMMENDED

 

RESO: 12-178

 

30.

Approve Performance Incentive Award to Xerox State and Local Solutions, Inc. for end user survey results, FY 11-12 ($163,458.36) - All Districts

35142

APPROVED AS RECOMMENDED

 

31.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters; and consider and submit nominations to the California Coastal Commission - All Districts

32145

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (Item 32)

 

ELECTED DEPARTMENT HEADS

 

32.

Sheriff-Coroner - Receive staff report; adopt resolution certifying Supplement to FEIR 564 under the California Environmental Quality Act and adopting Mitigation Monitoring and Reporting Program Findings of Fact and Statement of Overriding Considerations; adopt resolution approving 2012 James A. Musick Site and Facilities Master Plan; and approve Memorandum of Understanding (MOU) with City of Lake Forest - District 3 & 5

B.O.

CLOSED PUBLIC HEARING

 

45132

APPROVED AS RECOMMENDED

 

RESO: 12-179 - 12-180

 

V.   CLOSED SESSION (Items CS-1-SCS6)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:  County of Orange v. Air California et. al., United States District Court Case No. CV 85-1542

B.O.

HELD, NO REPORTABLE ACTION

 

CS-2.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  7531 Santiago Canyon Road, Unincorporated County of Orange
County Negotiator:  Robert J. Franz
Negotiating Party:  Orange Unified School District
Under negotiation:  Terms and Value of Possible Purchase
(Continued from 11/20/12, Item SCS6)

B.O.

HELD, NO REPORTABLE ACTION

 

 

Human Resource Services:

 

CS-3.

PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957:
Title:  Performance Audit Director

B.O.

HELD, NO REPORTABLE ACTION

 

CS-4.

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

 

 

County Executive Office:

 

SCS5.

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:  Purchasers and sellers of buildings
Under Negotiation:  Terms and value of potential future sale(s) and acquisition(s)

B.O.

HELD, NO REPORTABLE ACTION

 

SCS6.

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 Ana, CA
Under Negotiation:  Terms of potential future development(s)

B.O.

HELD, NO REPORTABLE ACTION

 

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

 

PUBLIC COMMENTS:

Ilya Tseglin, Robert Tseglin, Tanya, Michael Klubnikin, Frances J. Stein, Michael Lerman and Daniel - Oral Re:  Nate Tseglin

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Chairman Moorlach announced there will be a reception honoring Supervisor Bill Campbell prior to next Board meeting on December 18th at 8:15 am and directed the CEO to include in 12/18/12 Strategic Financial Plan agenda item an analysis of the impact of Orange County Retirement System's reduction of the assumption rate to 7.25%

 

ADJOURNED:  12:10 P.M.

32145

Adjourned in memory of Barbara Alvey

 

52134

Adjourned in memory of Richard Beach Bennett

 

 

***  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