REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, January 27, 2015,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

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

Santa Ana, California              

 

 

TODD SPITZER                           

CHAIRMAN                               

Third District

 

 

LISA A. BARTLETT                       

VICE CHAIRMAN                          

Fifth District

 

 

VACANT                                 

SUPERVISOR                             

First District

 

 

 

MICHELLE STEEL                         

SUPERVISOR                             

Second District

 

 

SHAWN NELSON                           

SUPERVISOR                             

Fourth District

 

ATTENDANCE:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim, Acting

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Susan Novak

 

INVOCATION:  Vice Chairman Bartlett, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Nelson, Fourth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairman Spitzer delivered his Installation Address

 

II.   CONSENT CALENDAR (Items 1-36)

 

4523

APPROVED AS RECOMMENDED WITH EXCEPTION OF ITEM 8 WHICH WAS CONTINUED TO 2/3/15, 9:30 A.M. AND ITEM 36 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Nelson - Orange County Cemetery District - Reappoint Cynthia Ward, Anaheim, for term ending 1/8/18

 

DEPARTMENT APPOINTMENTS

 

 

Health Care Agency:

 

2.

Alcohol and Drug Advisory Board - Reappoint Roy Richardson, Huntington Beach, for term ending 12/3/17 - All Districts

 

3.

Orange County HIV Planning Council - Appoint Vince Frazier, Huntington Beach; Charles Scott Huffman, MD, Santa Ana; Bill Mugford, Lake Forest; Christina Weckerly Ramirez, Santa Ana and Pamela Smith, Fullerton, for terms ending 12/31/16; and reappoint Ray Angulo, Irvine; Leslie Lindgren, Santa Ana; Shelly Lummus, Orange; and Angel Rosario, Santa Ana, for terms ending 12/31/16 - All Districts

 

4.

OC Community Services - Acting as the Board of Supervisors and Orange County Housing Authority - Housing and Community Development Commission - Appoint Ma'Ayn Johnson, Fullerton, to complete term ending 6/30/16 - All Districts

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

5.

Approve schedule of County Capital Assets Physical Inventory Dates for calendar years 2015 and 2016 - All Districts

 

6.

Receive and file Semi-Annual Fund/Budget Control Report for FY 2014-15 - All Districts

 

7.

Authorize Auditor-Controller to delete damaged, destroyed, dismantled, missing, obsolete, stolen and surplused equipment items from department capital asset inventories - All Districts

 

8.

District Attorney - Approve agreement MA-026-15011027 with RCS Investigations & Consulting, LLC. for background investigative services, 2/1/15 - 1/31/16; renewable for four additional one-year periods ($85,000 per year); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

4523

CONTINUED TO 2/3/15, 9:30 A.M.

 

 

Sheriff-Coroner:

 

9.

Approve subordinate agreement MA-060-15010977 to master agreement MA-017-13010878 with Ray Carmody dba Carmody Construction for general construction and maintenance services, 1/27/15 - 1/13/16 ($220,000); and authorize Purchasing Agent or authorized Deputy to execute agreement  - All Districts

 

10.

Approve Assignment, Novation and Consent agreement to assign agreement MA-060-14010602 from Robinson Textiles Inc. to Bob Barker Company, Inc., for the provision of scrub type uniforms for inmates assigned to specific programs within the jail system, 10/13/14 - 10/12/15; and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

11.

Approve subordinate agreement MA-060-15010976 to master agreement MA-017-13010878 with Dain Hormell dba DH General Contractors for general construction and maintenance services, 1/27/15 - 1/8/16 ($175,000); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

OC COMMUNITY RESOURCES

 

12.

Approve agreement with City of Fullerton for use of its Bookmobile at no cost to County to provide library services at various OC Public Libraries branches, effective upon Board's approval and ending 6/30/15 - All Districts

 

13.

Approve Borrego Trail Restoration and Rehabilitation Project; Whiting Ranch Wilderness Park; and consider adoption of Mitigated Negative Declaration IP 13-265 to satisfy the requirements of California Environmental Quality Act and other related findings - District 5

 

14.

Approve Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project; approve memorandum of agreement with State Coastal Conservancy and U.S. Fish and Wildlife Service for Seal Beach National Wildlife refuge thin-layer Salt Marsh Sediment Augmentation Pilot Project; authorize Director of OC Parks to execute agreement; and adopt resolution authorizing Chief Real Estate Officer to execute standard State lease with California State Lands Commission for Sunset/Huntington Harbour Maintenance Dredging Project; and consider adoption of Mitigated Negative Declaration IP 14-148 to satisfy the requirements to California Environmental Quality Act and other related findings  - District 2

 

RESO: 15-003

 

15.

Accept donation of $24,865.25 from The Celeste K. Kennedy Declaration of Trust to defray costs of food, shelter, and care of shelter animals and help fund OC Animal Care's spay/neuter promotional efforts - All Districts

 

16.

Accept donation of $12,891.24 from Angels Baseball Foundation to offer low-cost animal adoption event - All Districts

 

17.

Reject bid of RSH Construction; approve plans and specifications and set bid openings for 3/11/15, 2:00 p.m., for construction of Ronald W. Caspers Wilderness Park New Water Well and Ronald W. Caspers Wilderness Park New Water Tank projects; and make California Environmental Quality Act findings - District 5

 

18.

Acting as the Board of Supervisors and Orange County Housing Authority - Adopt revised Orange County Housing Authority Administrative Plan; and authorize Executive Director or designee to finalize and submit Administrative Plan to U.S. Department of Housing and Urban Development - All Districts

 

OC PUBLIC WORKS

 

19.

Approve agreement MA-080-13010919 with Environ Strategy Consultants, Inc. for waste water system maintenance and analysis services at Joplin Youth Center and Los Pinos Conservation Camp, 3/21/15 - 3/20/16 ($164,775); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - Districts 3 and 5 (Continued from 12/9/14, Item 10)

 

20.

Approve amendment 2 to agreement MA-080-13012123 with Cal Building Systems, Inc. for fire alarm system maintenance and repair ($6,967 per year; new total $113,328); authorize Purchasing Agent or authorized Deputy to execute amendment; and make California Environmental Quality Act findings - District 3

 

21.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve amendment 1 to agreement D13-092 with City of Irvine, City of Tustin, Irvine Ranch Water District and California Department of Transportation modifying procedures related to administration of agreement for design, operation and construction of Peters Canyon Wash Pipeline project; and authorize Director or designee to execute future amendments under certain conditions - Districts 1, 2, 3 and 5

 

PUBLIC PROTECTION

 

22.

Probation - Receive and file update of Orange County Public Safety Realignment and Postrelease Community Supervision 2014 Implementation Plan - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

23.

Approve re-adoption of the State’s Model Code by reference and modifications to Designated Filer Positions and Disclosure Categories Exhibits A & B for South Orange County Wastewater Authority -  Districts 2, 3 and 5

 

24.

Approve re-adoption of the State’s Model Code by reference and modifications to Designated Filer Positions and Disclosure Categories Exhibits A & B for Huntington Beach Union High School District -  Districts 1 and 2

 

25.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for County Counsel - All Districts

 

26.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Garden Grove Unified School District - Districts 1 and 2

 

27.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Orange County Department of Education - All Districts

 

28.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Municipal Water District of Orange County - All Districts

 

29.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Mesa Water District  - District 2

 

30.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Probation - All Districts

 

31.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Department of Child Support Services - All Districts

 

32.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Public Cable Television Authority - All Districts

 

33.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Orange County Fire Authority - All Districts

 

34.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for CalOptima - All Districts

 

35.

County Executive Office - Approve amendment 1 to lease agreement with Centurion Partners Santa Ana, LLC for 211,964 rentable square feet for Social Services Agency at 1928 S. Grand Avenue, Santa Ana; and make California Environmental Quality Act findings - District 1

 

36.

Internal Audit - Receive and file Monthly Internal Audit Activity Status Report for December 2014 - All Districts

4523

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 37-S55A)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

37.

Approve agreement 5600004550 with California Department of Corrections and Rehabilitation (CDCR) allowing County detention inmates to participate in the CDCR Fire Camp Program through 6/30/17 ($9,973,600); and authorize Sheriff-Coroner or designee to execute agreement - All Districts

4523
   N

APPROVED AS RECOMMENDED

 

38.

Approve amendment 4 to agreement MA-060-11011428 with Juguilon Medical Corporation for forensic pathology/autopsy services, 2/1/15 - 1/31/16 ($1,800,445); renewable for one additional one-year period; and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

4523

APPROVED AS RECOMMENDED

 

39.

Ratify and authorize amendment 4 to renew agreement with Thomas Bros. Maps dba Rand McNally for site license for Thomas Bros. Maps GIS Database, 12/18/14 - 12/17/15 ($6,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

5243

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

40.

Approve agreements with AIDS Services Foundation Orange County ($2,112,650), Delhi Center ($145,958) and Shanti Orange County ($201,413) for HIV services, 3/1/15 - 2/29/16; authorize Director or designee to exercise cost contingency increase of agreements not to exceed 10% under certain conditions and to execute agreements - All Districts

4523

APPROVED AS RECOMMENDED

 

41.

Adopt resolution approving standard agreement 14-404-550 with State Water Resources Control Board for leaking underground storage tank cleanup, 7/1/14 - 6/30/15 ($1,056,955); and authorize Director or designee to execute non-monetary amendments - All Districts

B.O.

CONTINUED TO 2/3/15, 9:30 A.M.

 

42.

Approve assignment of Mental Health Services Act/Proposition 63 funds to California Mental Health Services Authority/Joint Powers agreement for continued implementation of three Prevention and Early Intervention Statewide Projects, 2/1/15 - 6/30/15 ($900,000) and 7/1/15 - 6/30/17 ($900,000 annually, total amount $2,700,000); and authorize Director or designee to execute assignment - All Districts

2453

APPROVED AS RECOMMENDED

 

43.

Ratify amendment 2 to standard agreement with California Department of Public Health for HIV Expanded Testing Program, 7/1/13 - 12/31/14 ($23,726; new total $300,964); and authorize Director or designee to execute agreement - All Districts

4523

APPROVED AS RECOMMENDED

 

44.

Ratify and authorize Purchasing Agent or authorized Deputy to approve payment for Hazardous Materials Training ($2,755) - All Districts

4523

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

45.

Approve lease LTK 77-L-B-2 with the City of Laguna Hills for continued operation of the Laguna Hills Technology Library at its current location, 2/1/15 - 1/31/25; authorize County Librarian to exercise option to extend term ten years, 2/1/25 - 1/31/35; and make California Environmental Quality Act findings - District 5

5423

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

46.

Acting as the Board of Supervisors - Consider first reading of "An Ordinance of the County of Orange, California Amending Sections 1-8-11, 1-8-12 and 1-8-14 of Article 2 of Division 8 of Title I of the Orange County Codified Ordinances Regarding Informal Bidding Procedures Pursuant to the Uniform Public Construction Cost Accounting Act"; set second reading and adoption for 2/3/15, 9:30 a.m.; Acting as the Board of Supervisors and Orange County Flood Control District - adopt resolution delegating authority to Director or designee to exercise certain duties in event of emergency; delegate to the Director or designee of OC Public Works, Sheriff-Coroner, or John Wayne Airport authority to enter into architect engineering (A - E) service and public works contracts; approve supersession of 2012 County of Orange Contract Policy Manual Sections 3.5 and 3.6; approve 2015 Design and Construction Procurement Policy Manual; authorize Director or designee to perform related actions; and make California Environmental Quality Act findings - All Districts

4523

APPROVED AS RECOMMENDED WITH THE FOLLOWING CHANGES TO ATTACHMENT A - 2015 DESIGN & CONSTRUCTION PROCUREMENT POLICY MANUAL:  ADD TO SECTION TITLED REQUEST FOR PROPOSAL AN ADDITIONAL ITEM TO "RETURN TO THE BOARD FOR APPROVAL OF A-E SLATE" AND ADD TO SECTION TITLED NEGOTIATION OF A-E SERVICES, FOLLOWING THE FIRST COMMA "AND APPROVED BY THE BOARD"

 

RESO: 15-004

 

47.

Adopt resolution establishing the Adopt-A-Roadway Pilot Program in County maintained portion of Santiago Canyon Road; approve program manual and authorize Director or designee to make non-material changes to the Adopt-A-Roadway Program manual as needed; approve marketing plan recognition signs; and make California Environmental Quality Act findings - District 3 (Continued from 1/13/15, Item 13)

B.O.

CONTINUED TO 3/3/15, 9:30 A.M.

 

48.

Approve amendment 1 to agreement MA-080-12011291 with American Integrated Services, Inc., Double Barrel Environmental Services, Inc., O.C. Vacuum, Inc., Ocean Blue Environmental Services, Inc., and United Pumping Service, Inc. for on-call environmental cleanup services, 3/27/15 - 3/26/17 (not to exceed $1,000,000); authorize Purchasing Agent or authorized Deputy to execute amendment; and make California Environmental Quality Act findings - All Districts

4253

APPROVED AS RECOMMENDED

 

49.

Approve amendment 2 to agreement MA-080-13011105 with Jonset Corporation, dba Sunset Property Services for janitorial services at Eckhoff Facilities, 3/1/15 - 2/28/17 ($39,354; new total $455,738); authorize Purchasing Agent or authorized Deputy to execute amendment; and make California Environmental Quality Act findings - District 3

3524

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

50.

Approve agreement MA-299-15010878 with TetraTech BAS, Inc. to provide Renewable Technologies Implementation Plan, 1/27/15 - 1/26/18 ($750,000); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings  - All Districts

4523

CONTINUED TO 3/3/15, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

51.

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

2543

APPROVED AS RECOMMENDED

 

52.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve compensation agreement with City of Garden Grove for Site C and vacant restaurant properties - District 1

4253

APPROVED AS RECOMMENDED

 

53.

Authorize Purchasing Agent or authorized Deputy to develop and release a Request for Proposal (RFP) for administration and managed care cost containment services for County's self-insured Workers' Compensation claims - All Districts

5243

APPROVED AS RECOMMENDED

 

54.

Approve grant applications/awards submitted by District Attorney, OCCR/OC Community Services and Sheriff Department in 1/27/15 grant report and other actions as recommended - All Districts

4523

APPROVED AS RECOMMENDED

 

55.

Chairman Spitzer - Acting as the Board of Supervisors and the Orange County In-Home Supportive Services Public Authority -   Make OCERS regulation on Waiver of Membership applicable to eligible employees of the County and the Authority (i.e., newly hired employees aged 60 or older with no previous service credit in OCERS), allowing any eligible employee of the County or the Authority to waive membership in the Orange County Employees Retirement System upon meeting the requirements of the OCERS regulation; authorize Human Resource Services to provide the OCERS Waiver of Membership form to all newly-hired employees, determine whether an employee electing to waive membership is eligible to participate in state or federal programs providing retirement benefits, and ensure the necessary steps are taken to enroll the employee in any such program

3524
   N

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

S55A.

Consider first reading and adoption of "An Uncodified Interim Urgency Ordinance of the County of Orange, California, Adopting a Temporary Moratorium on the Issuance of Permits Consistent with the Senior Residential Housing Land Use District within the North Tustin Specific Plan"; and make California Environmental Quality Act findings - District 3 (4/5 vote of members present)

3524

APPROVED AS RECOMMENDED

 

 ORD: 15-001

 

IV.  PUBLIC HEARINGS (Item 56)

 

OC PUBLIC WORKS

 

56.

Public Hearing to consider first reading of "An Ordinance of the County of Orange, California Amending Title 7 Land Use and Building Regulations, Division 1 Building Regulations, Article & Orange County Grading and Excavation Code with Amendments Thereto"; set second reading and adoption for 2/3/15, 9:30 a.m.; and make California Environmental Quality Act findings - All Districts

B.O.

CONTINUED TO 2/3/15, 9:30 A.M.

 

V.   CLOSED SESSION (Items CS-1-CS-5)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):Name of Case:  Linda Guy v. Orange County In-Home Supportive Services Public Authority, Orange County Superior Court Case No. 30-2014-00755585-CU-OE-CXC

B.O.

DELETED

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Anna D. Steiner v. County of Orange, et al., Orange County Superior Court Case No. 30-2012-00541014-CU-CR-CXC

B.O.

HELD, THE CLERK READ:  THE BOARD BY A VOTE OF 3 TO 1 , SUPERVISORS SPITZER, BARTLETT AND STEEL VOTING IN FAVOR, SUPERVISOR NELSON VOTING AGAINST, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ANNA D. STEINER V. COUNTY OF ORANGE.  THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS.  AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

 

Human Resource Services:

 

CS-3.

PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b):
Title:  Airport Director

4523

CONTINUED TO 2/3/15, 9:30 A.M.

 

CS-4.

PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b):
Title: Clerk of the Board

B.O.

HELD, NO REPORTABLE ACTION

 

CS-5.

CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Steve Danley
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), Orange County Managers Association (OCMA) and other non-represented employees
RE:  Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Charles Griffin - Oral Re:  mag-lev

 

Michael Klubnikin - Oral Re:  County organization chart, Tseglins

 

Ilya and Robert Tseglin - Oral Re:  Nate Tseglin, Public Defender, OC Regional Center

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Vice Chairman Bartlett - Oral Re:  homeless point in time survey

 

Chairman Spitzer - Oral Re: establishment of Iqbal/Brajdic Policy to address potential conflicts of interest in contract awards

 

ADJOURNED:  1:46 P.M.

5324

Adjourned in memory of  Howard Baucke

 

5324

Adjourned in memory of Dick Stuetz

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Vacant

A.  =   Abstained

2. = Supervisor Steel

X.  =   Excused

3. = Supervisor Spitzer

N.  =   No

4. = Supervisor Nelson

BO =   Board Order

5. = Supervisor Bartlett

 

 

 

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