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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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TODD SPITZER CHAIRMAN Third District |
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LISA A. BARTLETT VICE CHAIRMAN Fifth District |
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ANDREW DO SUPERVISOR First District |
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MICHELLE STEEL SUPERVISOR Second District |
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SHAWN NELSON SUPERVISOR Fourth District |
ATTENDANCE: Supervisors:
Bartlett, Do, Spitzer & Steel
EXCUSED: Supervisor
Nelson
PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Frank Kim |
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COUNTY COUNSEL |
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Leon J. Page |
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CLERK OF THE BOARD |
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Robin Stieler |
INVOCATION:
Vice Chair Bartlett, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Do, First District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Supervisor
Do presented a resolution to Bree Morse, Miss California 2015 |
Chairman Spitzer presented a resolution
commending Ruby Maldonado on her retirement |
II. CONSENT CALENDAR (Items 1-18)
15243 |
APPPOVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 8 WHICH WAS DELETED; ITEMS 6, 7, 15, 17 & 18 WHICH WERE PULLED
FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
1. |
Supervisor Steel - Assessment
Appeals Board No. 4 - Appoint Scott Lee, Fullerton, to complete term
ending 9/3/17 |
2. |
Chairman Spitzer - Orange
County Waste Management Commission - Reappoint Steve Chavez Lodge,
Anaheim Hills, for term ending 1/18/18 |
3. |
Supervisor Do - Board
of Retirement, OCERS - Reappoint Wayne S. Lindholm, Laguna Niguel, for
term ending 12/31/18 |
DEPARTMENT APPOINTMENTS
4. |
OC Community Resources - Orange
County Workforce Investment Board - Reappoint Robert Claudio, Anaheim;
Fred Flores, Brea; June Kuehn, Anaheim; Barbara Mason, Huntington Beach; Dr.
Gary Matkin, Irvine; Adalberto J. Quijada, Santa Ana; Michael Ruane, Orange;
Thomas Tassinari, Irvine; Ed Tomlin, Aliso Viejo and Kay Turley-Kirchner,
Aliso Viejo for terms ending 12/31/18 - All Districts (Continued from
12/15/15, Item 3) |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
5. |
Approve
amendment 2 to agreement with The Reynolds Group for additional testing,
monitoring and reporting of environmental site assessment, James A.
Musick Facility Phase 1 Jail project ($29,520; cumulative total $127,535);
and authorize Sheriff-Coroner or designee to execute amendment - Districts 3
& 5 (Continued from 11/10/15, Item 6; 12/15/15, Item 5) |
6. |
Approve
amendment 1 to agreement MA-060-15011787 with Truth Be Told Polygraph LLC for
polygraph services, term ending 4/20/17 ($200,000; cumulative total
$270,000); and authorize Sheriff-Coroner or designee to execute amendment -
All Districts |
15243 |
APPROVED
AS RECOMMENDED; CORRECTED LANGUAGE IN RECITALS ON PAGE 1 OF 6 OF AMENDMENT #1
TO REFLECT THE AGREEMENT IS FOR A TWO YEAR TERM |
HEALTH CARE AGENCY
7. |
Affirm
Orange County's response to Mutual Aid to San Bernardino County - All
Districts |
35124 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
8. |
Accept
donation of $10,000 from David Perry on behalf of his wife Elaine Perry to
defray the cost of shelter and care for the animals at the OC Animal
Shelter - All Districts |
15243 |
DELETED |
9. |
Approve
Access Road License agreement with Vedanta Society of Southern California,
Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless for access
to Verizon telecommunication facility and establish annual fees for
maintenance and repair of access road across O'Neill Regional Park, effective
upon Board approval; and make California Environmental Quality Act and other
findings - District 5 |
OC PUBLIC WORKS
10. |
Approve
amendment 2 to Memorandum of Understanding with Riverside County, San
Bernardino County, Santa Ana Watershed Project Authority and The
Wildlands Conservancy for completion of Santa Ana River Parkway, extending
term three years; authorize Director or designee to execute amendment; and
make California Environmental Quality Act and other findings - All Districts |
11. |
Approve
proposed Lambert Road Bikeway project for bike lanes within unincorporated
area; direct Director or designee to return to the Board for approval;
and make California Environmental Quality Act and other findings - District
4 |
12. |
Approve
amendment 2 to agreement OCP12-018 with AECOM Technical Services, Inc. for
Santa Ana River Parkway project, term ending 1/28/17 ($40,000; new total
$440,000) - District 3 |
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Acting as the
Orange County Flood Control District: |
13. |
Approve
amendment 2 to agreement D10-065 with Pacific Advanced Civil Engineering,
Inc. for architect-engineer services, 3/1/16 - 2/28/18 - All Districts |
14. |
Approve
Assignment, Novation and Consent Agreement with Hall & Foreman Inc. to
David Evans and Associates, Inc. for on-call architect and engineering
services - All Districts |
GENERAL ADMINISTRATION
15. |
Clerk of the Board - Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for the Rancho Santiago Community College District - Districts 1
& 3 |
31245 |
APPROVED AS RECOMMENDED |
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County
Executive Office: |
16. |
Adopt
resolution approving amended FY 2014-15 Measure M2 Expenditure Report for
Orange County Transportation Authority; and make California Environmental
Quality Act and other findings - All Districts |
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RESO: 16-001 |
17. |
Ratify
appointment of Sharon Petrosino, Interim Orange County Public Defender
($210,579.20), effective 5 pm 12/30/15 - All Districts |
13245 |
APPROVED
AS RECOMMENDED |
18. |
Supervisor Steel - Direct
Auditor-Controller in accordance with Election Code section 9160(c), to
prepare and within sixty days provide to the Board a fiscal impact statement
describing and summarizing fiscal costs of measure establishing a Campaign
Finance and Ethics Commission, approved for placement on 6/7/16 election
ballot (Continued from 11/10/15, Item 17; 12/15/15, Item 30) |
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NO ACTION TAKEN |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 19-S40B)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
19. |
Approve
amendment 1 to agreement with Vanir Construction Management, Inc. for
construction management services to coordinate SB1022 384 bed
programming, treatment and housing facility with AB 900 Phase II 512 bed
expansion project, James A. Musick Facility ($2,195,000; cumulative total
$4,861,676); and authorize Sheriff-Coroner or designee to execute amendment -
Districts 3 & 5 |
35124 |
APPROVED
AS RECOMMENDED |
20. |
Approve
amendment 5 to agreement MA-060-11011428 with Juguilon Medical Corporation
for forensic pathology/autopsy services, 2/1/16 - 1/31/17 ($1,800,445;
cumulative total $10,615,780); and authorize Purchasing Agent or authorized
Deputy to execute amendment - All Districts |
15243 |
APPROVED
AS RECOMMENDED |
21. |
Approve
Staffing and Operating Cost Analysis for SB 1022 384-bed rehabilitation,
treatment and housing project, James A. Musick Facility - Districts 3
& 5 |
53124 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
22. |
Approve
amendment 5 to master agreement MA-042-15010682 with Accela, Inc., for
software licensing, maintenance and support services for environmental
health programs, 2/1/16 - 1/31/17 ($301,761; cumulative total $1,213,224); and
authorize Purchasing Agent or authorized Deputy to execute amendment - All
Districts (Continued from 12/15/15, Item 40) |
12453 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
23. |
Approve
amendment 1 to amended and restated lease and option with Waterfront Resort
Properties, L.P. and Newport Dunes Marina, LLC (tenant) allowing
development of two hotels and extend lease option period to 2020; approve
consent to hotel sublease between tenant and Brighton Management, LLC;
approve consent to amended and restated sublease between tenant and Newport
Dunes Resort and Marina Partnership; delegate to CEO/Chief Real Estate
Officer or designee the authority to consent to hotel sublease under certain
conditions and to enter into model subordination, attornment and
non-disturbance agreements with Brighton Management, LLC or a Brighton
affiliate under certain conditions; and make California Environmental Quality
Act and other findings - District 2 (4/5 vote of members present) (Continued
from 12/8/15, Item 34; 12/15/15, Item 43) |
B.O. |
CONTINUED TO 1/26/16, 9:30 A.M. |
24. |
Approve
first amendment to lease with Southern Sierra Land & Cattle Company for
operation and maintenance of equestrian center in Silverado Canyon area
extending term to 12/31/24; and make California Environmental Quality Act and
other findings - District 5 |
51243 |
APPROVED AS RECOMMENDED |
25. |
Authorize
$2,600,000 for County Cash Contribution Funds required to commit the County
match for the Active Transportation Program grant, as a prerequisite for
award of funds; and return to the Board for approval of $646,000 Active
Transportation Program Cycle 2 Grant Funds upon notice of award from
California Transportation Commission for Coyote Creek Class I Bikeway -
District 4 (4/5 vote of the members present) |
23145 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
26. |
Adopt
unit price book and technical specifications and set bid opening for 2/3/16,
2:00 p.m. for Job Order Contracts for electrical, heating, ventilation
and air-conditioning, demolition and roofing services; and make California
Environmental Quality Act and other findings - All Districts |
15243 |
APPROVED AS RECOMMENDED |
27. |
Receive
bids and award contract to CB&I Environmental & Infrastructure, Inc.
for Landfill Gas Collection Systems Expansion, Frank R. Bowerman and
Santiago Canyon Landfills ($1,121,370) - District 3 |
35124 |
APPROVED AS RECOMMENDED |
28. |
Acting as the Orange County Flood Control
District - Approve
cooperation agreement with United States Army Corps of Engineers for
rehabilitation and improvement of Ocean View Channel ($1,236,586); and
authorize Director or designee to execute future Public Law 84-99
rehabilitation and improvement projects and agreements under certain
conditions - All Districts |
12453 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
29. |
Approve
amendment 5 to agreement MA-299-12010665 with Clean Harbors Environmental
Services, Inc. for hazardous waste collection and disposal services,
2/1/16 - 1/31/17 ($5,692,000); authorize Purchasing Agent or authorized
Deputy to execute amendment; and make California Environmental Quality Act
and other findings - All Districts |
15243 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
30. |
Probation - Approve
agreement with Padres Unidos for Parent Outreach, Support and Education
services for Families of Youth Involved in Criminal Justice System, 1/13/16 -
1/12/19 ($287,283; total $861,849); authorize Chief Probation Officer or
designee to renew for two years, 1/13/19 - 1/12/21 ($296,884); cumulative
total $1,455,617) - All Districts |
35124 |
APPROVED RECOMMENDED ACTION #1; DIRECTED
STAFF TO RETURN TO THE BOARD FOR THE RENEWAL OF THE AGREEMENT AND TO PROVIDE
PERFORMANCE MEASURE OUTCOMES AND METRICS AT THE END OF THE SECOND YEAR OF
AGREEMENT |
SOCIAL SERVICES AGENCY
31. |
Approve
agreement MA-063-16010858 with The Center to Promote Healthcare Access, Inc.,
dba Social Interest Solutions for One-e-App hosted software maintenance
support, 2/1/16 - 1/31/19 ($321,300); and authorize Purchasing Agent or
authorized Deputy to execute agreement - All Districts |
12453 |
APPROVED AS RECOMMENDED |
32. |
Approve
agreements with Staff4jobs LLC dba Lyneer Staffing Solutions ($1,997,486) and
Lloyd Staffing, Inc. ($1,273,251) for temporary help services 2/1/16 -
1/31/17; renewable for four additional one year terms; and authorize
Purchasing Agent or authorized Deputy to execute agreements - All Districts |
31245 |
CONTINUED TO 1/26/16, 9:30 A.M. |
GENERAL ADMINISTRATION
33. |
Chairman Spitzer - Discuss,
take public comment and provide direction to staff concerning the
recommendations of the Orange County District Attorney Informant Policies
& Practices Evaluation Committee Report including but not limited to
analysis and recommendations from the Office of Independent Review |
35124 |
RECEIVED AND FILED |
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County
Executive Office: |
34. |
Approve
amendments to 2015-16 County of Orange Legislative Platform and legislative
proposal for 2016 - All Districts (Continued from 12/15/15, Item 58) |
B.O. |
DELETED |
35. |
Approve
amendments to 2015-16 County of Orange Legislative Platform and legislative
proposal for 2016 - All Districts |
31245 |
CONTINUED
TO 1/26/16, 9:30 A.M. |
36. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
12453 |
APPROVED
AS RECOMMENDED |
37. |
Adopt
resolution authorizing the issuance of additional County of Orange Teeter
Plan Obligations, and authorizing the execution and delivery of
amendments to Fifth Supplemental Trust Agreement, Note Purchase and
Reimbursement Agreement, Fee and Interest Rate Agreement and other related
documents as necessary; and making related findings - All Districts |
51243 |
APPROVED
AS RECOMMENDED |
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RESO: 16-002 |
38. |
Approve
retroactive amendment 5 to master services agreement MA-017-13011864 with
Science Applications International Corporation for data center operations,
service desk, desktop support and applications services, effective 2/3/15
($2,469,731; cumulative total $85,953,110); and authorize Chief Information
Officer or designee to execute amendment - All Districts |
15243 |
APPROVED
AS RECOMMENDED |
39. |
Approve
grant applications/awards submitted by Sheriff-Coroner and District Attorney
and retroactive grant applications/awards submitted by OC Community
Resources/OC Parks, Probation Department and Health Care Agency in 1/12/16
grant report and other actions as recommended - All Districts |
12453 |
APPROVED
AS RECOMMENDED |
40. |
Board of Supervisors - Election
of 2016 Officers |
13245 |
NOMINATED AND ELECTED SUPERVISOR LISA
BARTLETT AS CHAIR AND SUPERVISOR MICHELLE STEEL AS VICE-CHAIR |
S40A. |
County Executive Office - Approve
amendment 1 to lease agreement GA 1213-137-1 with Leed Warner, LLC for
facilities supporting centralized operations functions and Adult Services
programs, 1505 East Warner Avenue, Santa Ana, extending term for 15 years;
authorize Chief Real Estate Officer to execute subsequent lease amendments
under certain conditions; and make California Environmental Quality Act and
other findings - District 1 |
15243 |
APPROVED AS RECOMMENDED |
ELECTED DEPARTMENT HEADS
S40B. |
Sheriff-Coroner - Approve
amendment 5 to agreement with AECOM Technical Services Inc. for
architectural design services for SB 1022 project, James A. Musick Facility
($500,000; cumulative total $14,805,134) - Districts 3 & 5 |
35124 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (Item 41)
GENERAL ADMINISTRATION
41. |
County Executive Office - Public
Hearing pursuant to Section 147 (f) of the Internal Revenue Code of 1986
to consider adopting resolutions approving proposed issuance of multifamily
revenue bonds by California Statewide Communities Development Authority for
affordable housing at Esencia Norte in an aggregate principal amount not to
exceed ($25,000,000) and Sendero Bluffs in an aggregate principal amount not
to exceed ($20,000,000) - District 5 |
B.O. |
CLOSED PUBLIC HEARING |
53124 |
APPROVED AS RECOMMENDED |
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RESO: 16-003 -
16-004 |
V. CLOSED SESSION (Items CS-1-SCS8)
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 - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD
NO REPORTABLE ACTION |
CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD
NO REPORTABLE ACTION |
CS-4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD
NO REPORTABLE ACTION |
CS-5. |
CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF
LITIGATION - Pursuant to Government Code Section 54956.9(d)(4): |
B.O. |
HELD
NO REPORTABLE ACTION |
CS-6. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(d)(2): |
B.O. |
HELD,
CHAIRMAN READ: THE BOARD REQUESTED THE DISTRICT ATTORNEY AND SHERIFF PROVIDE
WRITTEN REPORTS TO THE BOARD ON THE INFORMANT POLICIES AND PRACTICES EVALUATION
COMMITTEE (IPPEC) RECOMMENDATIONS; IN KEEPING WITH ITS OVERSIGHT
RESPONSIBILITY TO ENSURE THAT COUNTY OFFICERS FAITHFULLY PERFORM THEIR
DUTIES, THE BOARD DIRECTED THE DISTRICT ATTORNEY AND SHERIFF TO THE EXTENT
THOSE PROVISIONS APPLY TO THE SHERIFF TO IDENTIFY WHICH OF IPPEC
RECOMMENDATIONS HAVE BEEN OR WILL BE IMPLEMENTED, THE PROJECT COSTS OF THE
IMPLEMENTATION, ANY BUDGETARY AUGMENTATIONS NEEDED TO IMPLEMENT THE
RECOMMENDATIONS AND IF ANY RECOMMENDATIONS WILL NOT BE IMPLEMENTED, AN
EXPLANATION AS TO WHY THE RECOMMENDATIONS WILL NOT BE IMPLEMENTED; THE BOARD
ASSURES ALL COUNTY EMPLOYEES TO KNOW THAT IF THEY ARE CONTACTED BY ANY LAW
ENFORCEMENT AGENCY PERTAINING TO A LAW ENFORCEMENT INVESTIGATION, THEY SHOULD
COOPERATE FULLY WITHOUT FEAR THAT COOPERATION WILL BE USED AS A BASIS FOR AN
ADVERSE EMPLOYMENT ACTION. |
CS-7. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
B.O. |
HELD, NO REPORTABLE ACTION |
SCS8. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government
Code Section 54956.9(d)(4): |
B.O. |
HELD, COUNTY COUNSEL READ: THE BOARD BY A
VOTE OF 3-0, SUPERVISORS BARTLETT, DO, AND SPITZER VOTING IN FAVOR AND
SUPERVISORS STEEL AND NELSON BEING ABSENT, AUTHORIZED COUNTY COUNSEL TO FILE
LITIGATION. THE IDENTITY OF THE
PARTIES AND OTHER PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY
ONCE THE ACTION IS FILED. |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
Marilyn
Lipson - Oral Re: OC Animal Care, abandonment of animals per CA Penal Code
597(s) |
Michael
Klubnikin - Oral Re: Labor contract, ethics, Public Guardian, Public
Defender, District Attorney, Board oversight, Real Estate Fraud |
Ilya Tseglin - Oral Re: Nate Tseglin,
Public Defender |
Robert Tseglin - Oral Re: Nate Tseglin, Public
Defender, Regional Center, constitutional violations |
Steve Johnson - Oral Re: Requested the
Board reconsider the closure of the Katella Shooting Range and provided
suggestions for public access to the range. |
COUNTY EXECUTIVE OFFICER COMMENTS:
None |
BOARD COMMENTS:
Vice Chair Bartlett - Oral Re: Thanked
Chairman Spitzer for his leadership as Chair in 2015; thanked the Board for
their confidence, support and appointment as the new Chair for 2016,
congratulated new Vice Chair Steel, outlined key County initiatives for 2016;
directed CEO to conduct seismic evaluation and liability requirements for
temporary use of bus terminal as homeless shelter during El Nino season. |
Supervisor Do - Oral Re: Thanked Chairman
Spitzer for his leadership and congratulated incoming Chair Bartlett and Vice
Chair Steel; Directed CEO and Chief Real Estate Officer to work with OCTA to
negotiate limited term lease for the bus terminal to be used as temporary
homeless shelter during El Nino season while property is in escrow,
contingent upon federal transportation approval and to negotiate limited term
contract for service provider for temporary homeless shelter; and to return
to the Board with lease approval by 1/26/16. |
Supervisor Steel - Oral Re: Thanked
Chairman Spitzer for his assistance and leadership during her first year in
office |
ADJOURNED:
6:41 P.M.
53124 |
Adjourned in memory of Kathy Scholze |
53124 |
Adjourned in memory of Gwen Brown |
53124 |
Adjourned in memory of Sheldon Cohen |
***
KEY ***
Left Margin
Notes |
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1. = Supervisor Do |
A. = Abstained |
2. = Supervisor Steel |
X. = Excused |
3. = Supervisor Spitzer |
N. = No |
4. = Supervisor Nelson |
BO = Board Order |
5. = Supervisor Bartlett |
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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 |