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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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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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LISA A. BARTLETT CHAIRWOMAN Fifth District |
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MICHELLE STEEL VICE CHAIR Second District |
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ANDREW DO SUPERVISOR First District |
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VACANT SUPERVISOR Third District |
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DOUG CHAFFEE SUPERVISOR Fourth District |
ATTENDANCE: All
Present
EXCUSED: None
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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:
Supervisor Do, First District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Chaffee, Fourth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Supervisor Do presented a resolution in
recognition of Gloria Reyes retirement after 42 years as CEO of ABRAZAR, Inc. |
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Chairwoman Bartlett presented a resolution
to the Orange County Sheriff's Department in honor of the Orange County
Intelligence Assessment Center receiving the 2018 Fusion Center of the Year
Award |
II. CONSENT CALENDAR (Items 1-20)
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1245 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 8 WHICH WAS DELETED; AND ITEMS 12 AND 20 WHICH WERE PULLED FOR DISCUSSION AND
SEPARATE VOTE |
BOARD APPOINTMENTS
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Chairwoman
Bartlett: |
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1. |
Board
of Retirement, OCERS - Reappoint Wayne S. Lindholm, Laguna Niguel, for term
ending 12/31/21 |
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2. |
Coto
de Caza Planning Advisory Committee - Reappoint Gilad Ganish, Bob Kallenbaugh
and Lucy Dunn, Coto de Caza, for term ending 1/31/21 |
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Vice Chair
Steel: |
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3. |
Orange
County Visitors Association - Reappoint Edwin Laird, Huntington Beach, for
term concurrent with 2nd District Supervisor's term of office |
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4. |
Orange
County Parks Commission - Reappoint Michael Posey, Huntington Beach, for term
concurrent with 2nd District Supervisor's term of office |
ELECTED DEPARTMENT HEADS
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Auditor-Controller: |
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5. |
Receive
and file Semi-Annual Fund/Budget Control Report for FY 2018-19 - All
Districts |
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6. |
Approve
schedule of County Capital Assets Physical Inventory Dates for calendar years
2019 and 2020 - All Districts |
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7. |
Receive
and file Comprehensive Annual Financial Report for fiscal year ended June
2018 - All Districts |
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8. |
Sheriff-Coroner - Approve
Memorandum of Agreement with Cities of Anaheim, Garden Grove, Huntington
Beach, Irvine, Laguna Beach, La Habra, Orange, Tustin and Orange County Fire
Authority for Orange County Intelligence Assessment Center; authorize
additional public agencies to participate under certain conditions; and
authorize Sheriff-Coroner to execute agreement - All Districts |
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1245 |
DELETED |
HEALTH CARE AGENCY
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9. |
Approve
agreement with State Department of Public Health for Cal-IVRS Birth and Death
Record Data Sharing System, five-year term; and authorize Director or
designee to execute agreement and subsequent extensions under certain
conditions - All Districts |
OC PUBLIC WORKS
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10. |
Approve
contract MA-080-19010909 with City of Yorba Linda for franchise fees related
to Ordinance No. 3962; and authorize Auditor-Controller to make related
payment ($2,799) - District 3 |
OC WASTE & RECYCLING
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11. |
Approve
amendment 3 to renew contract MA-299-15010862 with HF&H Consultants, LLC
for financial advisory services, 3/7/19 - 3/6/20 ($100,000; cumulative
total $700,000); and authorize County Procurement Officer or authorized Deputy
to execute amendment - All Districts |
PUBLIC PROTECTION
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12. |
Probation - Approve
Memorandum of Understanding (MOU) with Federal Bureau of Investigation
(FBI) for participation in OC Violent Gang Task Force to identify,
investigate and prosecute criminal enterprise groups responsible for drug
trafficking, money laundering, alien smuggling and crimes of violence;
approve agreement with the FBI for reimbursement of overtime services
provided by deputy assigned to OC Violent Gang Task Force; approve National
Vehicle Lease/Vehicle Use Agreement with FBI for non-FBI personnel to use
vehicle when participating in OC Violent Gang Task Force; and authorize Chief
Probation Officer or designee to execute MOU and agreements - All Districts |
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1425 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
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13. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Capistrano Unified School District - District 5 |
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14. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for OC Community Resources - All Districts |
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15. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Orange County Water District - All Districts |
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16. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer Exhibits
for Mesa Water District - District 2 |
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17. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Orange County Transportation Authority - All Districts |
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18. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Anaheim Union High School District - Districts 2, 3 and 4 |
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19. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Local Agency Formation Commission - All Districts |
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20. |
Approve
2019 Chairwoman's appointments of Board Members to various Boards,
Commissions, and Committees; and adopt California Form 806 - Agency Report of
Public Official Appointment - All Districts |
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4125 |
APPROVED
AS RECOMMENDED |
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RESO: 19-020 |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 21-S38E)
ELECTED DEPARTMENT HEADS
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21. |
District Attorney - Approve
retroactive amendment 1 to contract MA-026-17010077 with Larson O'Brien
LLP for professional legal services, extending term to 8/31/18 ($4,020; new
total $304,020); and authorize County Procurement Officer or authorized
Deputy to execute amendment - All Districts (Continued from 12/18/18, Item
S35D) |
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B.O. |
DELETED |
HEALTH CARE AGENCY
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22. |
Receive
and file proposed 9-1-1 Basic Life Emergency Ambulance Transportation and
Related Services Request for Proposal - All Districts (Continued from
12/18/18, Item 5) |
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4125 |
APPROVED AS RECOMMENDED |
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23. |
Approve
agreements with AIDS Services Foundation Orange County dba Radiant Health
Centers ($2,403,825), Shanti Orange County ($168,607) and Special Service
for Groups, Inc. dba Asian Pacific AIDS Intervention Team ($145,000) for HIV
Care Services, 3/1/19 - 2/29/20; and authorize Director or designee to
exercise cost contingency increase not to exceed 10% under certain conditions
and to execute related documents and agreements - All Districts |
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1524 |
APPROVED AS RECOMMENDED |
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24. |
Approve
amendment 1 to master agreement with various providers of Mental Health
Residential Rehabilitation and Mental Health Enhanced Residential
Rehabilitation services, 7/1/18 - 6/30/20 ($998,488; new total $4,735,504);
and authorize Director or designee to execute individual amendments - All
Districts |
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1245 |
APPROVED AS RECOMMENDED |
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25. |
Ratify
amended standard agreement 18-78009-000 with California Department of State
Hospitals for Forensic Conditional Release Program, 7/1/18 - 6/30/20
($2,825,059); and authorize Director or designee to execute agreement and
related documents - All Districts |
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2145 |
APPROVED AS RECOMMENDED |
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26. |
Approve
FY 2018-19 amendment 1 for Crisis Stabilization Units and amendment 3 for
Behavioral Health Training Center to Mental Health Services Act
Three-Year Program and Expenditure Plan, FY 2017-18 to 2019-20, to transfer
previously approved Community Services and Supports funds to Capital
Facilities and Technological Needs component; approve FY 2018-19 amendment 2
to Mental Health Services Act Three-Year Program and Expenditure Plan, FY
2017-18 to 2019-20, to transfer additional Community Services and Supports
funds to Capital Facilities and Technological Needs component for Behavioral
Health Training Center ($2,393,400) - All Districts |
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2514 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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27. |
Authorize
Director or designee to submit Los Patrones Parkway Extension Conceptual
Alignment to California Department of Transportation and the
Foothill/Eastern Transportation Corridor Agency for consideration in the
ongoing South County Traffic Relief Effort Study; and make California
Environmental Quality Act and other findings - District 5 (Continued from
12/4/18, Item 10) |
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B.O. |
DELETED |
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28. |
Approve
contract MA-080-19010921 with Majestic Fire, Inc. and Omega Fire, Inc. dba
Omega Fire Protection for fire extinguisher and fire hose maintenance
services on an as-needed basis, three year term ($511,500); renewable for two
additional one-year terms; authorize County Procurement Officer or authorized
Deputy to execute contract; and make California Environmental Quality Act and
other findings - All Districts |
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1245 |
APPROVED AS RECOMMENDED |
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29. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
amendment 1 to 2018 Design and Construction Procurement Policy Manual
amending various sections to reflect state law changes and minor
administrative adjustments; and authorize Director or designee to execute
amendment - All Districts |
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1245 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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30. |
Approve
Fourth Amendment to Amended Joint Powers Authority Agreement, Orange County
Fire Authority - All Districts (Continued from 12/4/18, Item 36; 12/18/18,
Item 28) |
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B.O. |
CONTINUED
TO 2/26/19, 9:30 A.M. |
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31. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters; and approve 2019 County Legislative Priorities -
All Districts |
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1245 |
APPROVED
AS RECOMMENDED |
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32. |
Approve
lease agreement with GPI-OCS, LLC for office space for Health Care Agency at
750 The City Drive, Orange, 8/1/19 - 7/31/29; authorize Chief Real Estate
Officer or designee to execute subsequent lease amendments for non-monetary
and/or monetary changes under certain conditions; and make California
Environmental Quality Act and other findings - District 3 |
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2145 |
APPROVED
AS RECOMMENDED |
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33. |
Approve
in concept proposed refunding of County of Orange Airport Revenue Bonds,
Series 2009A and Series 2009B; approve selection of and contracts with
Frasca & Associates, LLC as municipal/financial advisor ($105,000) and
Kutak Rock LLP as bond and disclosure counsel ($105,000), two-year terms,
renewable for one additional one-year term each; and select Morgan Stanley
& Co. LLC as underwriter; and authorize Public Finance Director to
execute contracts - District 2 |
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2145 |
APPROVED
AS RECOMMENDED |
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34. |
Adopt
resolution of Intent to Abandon portion of O'Neil Regional Park identified on
County records as Parcel 1402.1; and set public hearing for 4/9/19, 9:30
a.m. - District 5 (Requires a unanimous vote) |
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5214 |
APPROVED
AS RECOMMENDED |
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RESO: 19-007 |
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35. |
Adopt
resolution reflecting County's participation in and agreement with California
Complete Count Census 2020 for outreach campaign and formally accepting
appropriation of funds ($1,555,519); and authorizing County Executive Officer
or designee to execute Outreach agreement, 2/8/19 - 9/30/20 - All Districts |
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2145 |
APPROVED
AS RECOMMENDED |
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RESO: 19-008 |
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36. |
Approve
and adopt 2018-2019 Memorandum of Understanding with International Union of
Operating Engineers - Local 501, 6/23/18 - 6/20/19 - All Districts |
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1524 |
APPROVED
AS RECOMMENDED |
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37. |
Approve
grant applications/awards submitted by Sheriff-Coroner, OC Community
Resources/OC Parks, Health Care Agency and District Attorney in 1/29/19 grant
report and other actions as recommended; adopt resolution authorizing OC
Community Resources Director or designee to negotiate, execute and submit
application related documents and amendments to State Department of Boating
and Waterways for Public Beach Restoration Grant Program for Capistrano Beach
Restoration Project - All Districts |
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1245 |
APPROVED
AS RECOMMENDED |
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RESO: 19-009 |
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38. |
Office of Campaign Finance and Ethics
Commission - Receive
and file Campaign Finance and Ethics Commission's Annual Report for
2017-2018 - All Districts |
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RECEIVED AND FILED |
HEALTH CARE AGENCY
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S38A. |
Approve
amendment 2 to contract MA-042-18011797 with Patrick W. Breslin Jr. dba
Construction Advisors Group LLC for project advisory services, 5/1/18 -
6/30/19, non-renewable ($47,250; new total $121,750); and authorize County
Procurement Officer or authorized Deputy to execute amendment - District 1 |
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1244 |
APPROVED AS RECOMMENDED |
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S38B. |
Approve
agreement with Mind OC for design and construction of Be Well OC Behavioral
Health Services campus at 265 S. Anita Drive, Orange, ($16,600.000);
authorize Director or designee to execute agreement; direct
Auditor-Controller upon notification from Director or designee to distribute
funds to Mind OC; and make related findings - District 3 |
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1524 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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S38C. |
Chairwoman Bartlett - Receive
and file South Orange County Regional Mobility Update |
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RECEIVED AND FILED |
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Chairwoman
Bartlett and Supervisor Do: |
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S38D. |
Direct
Public Information Officer from County Executive Office to serve as lead on
all media contacts involving County litigation matters; direct County
Executive Office to work with Litigation Ad Hoc Committee to draft policy
providing guidance on media contacts during litigation where County of Orange
is a party |
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1524 |
APPROVED
AMENDED RECOMMENDED ACTION 1 'DIRECT THE PUBLIC INFORMATION OFFICER FROM THE
COUNTY EXECUTIVE OFFICE TO SERVE AS THE LEAD ON ALL MEDIA CONTACTS INVOLVING
COUNTY MEDIA MATTERS' AND APPROVED AMENDED RECOMMENDED ACTION 2 'DIRECT THE
COUNTY EXECUTIVE OFFICE TO WORK WITH THE AD HOC COMMITTEE TO DRAFT POLICY,
WHICH WILL PROVIDE GUIDANCE ON ALL MEDIA CONTACTS WHERE THE COUNTY OF ORANGE
IS A PARTY; AND TO RETURN TO THE BOARD FOR APPROVAL' |
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S38E. |
Approve
creation of a Litigation Ad Hoc Committee to review legal filings managed by
County Counsel where County of Orange is named as a defendant prior to
court hearing(s), effective through 6/30/19 |
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5124 |
APPROVED
AS RECOMMENDED |
IV. PUBLIC HEARINGS (None)
V. CLOSED SESSION (Items CS-1-SCS9)
GENERAL ADMINISTRATION
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CS-1. |
County Executive Office - PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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County Counsel: |
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SCS2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: BY A UNANIMOUS VOTE, THE
BOARD APPROVED A PROPOSED SETTLEMENT IN THE CASE OF WILLIAM B. MITCHELL 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 |
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SCS4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION- Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: BY A UNANIMOUS VOTE, THE
BOARD APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ORANGE COUNTY FLOOD
CONTROL DISTRICT V. RICHARD VAN LOON, ET AL.
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 |
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SCS5. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION- Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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County
Executive Office: |
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SCS6. |
CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS7. |
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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County Counsel: |
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SCS8. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: BY A UNANIMOUS VOTE, THE
BOARD APPROVED A PROPOSED SETTLEMENT IN THE CASE OF SIERRA CLUB, ET AL. V.
CITY OF HIGHLAND AND GREENSPOT RESIDENTS ASSOCIATION, ET AL. V. CITY OF
HIGHLAND. 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 |
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SCS9. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: BY A UNANIMOUS VOTE, THE
BOARD APPROVED A PROPOSEDSETTLEMENT IN THE CASE OF SIERRA CLUB, ET AL. V.
CITY OF HIGHLAND AND GREENSPOT RESIDENTS ASSOCIATION, ET AL. V. CITY OF
HIGHLAND. 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 |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Brigitte - Oral re: He never financially abused his mother;
Ilya and Riva Tseglin never abused their son Nate; falsification of recorded
documents; removal of the public from speaking at Board Meetings. |
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Ilya Tseglin - Oral re: Michael Klubnikin's comments regarding
property stolen by the County; International Holocaust Remembrance Day; came
to the United States for freedom guaranteed by the constitution and the rules
of law; he and his son Robert have been attending Board Meetings for 6 years
to seek justice for his son Nate; Larry Landauer, Director of Orange County
Regional Center created false reports against his family. |
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Robert Tseglin - Oral re: Brother was kidnapped three times in 2007,
2012 and 2013, placed in group homes and was released by Writs of Habeas
Corpus; petition filed to remove conservatorship; Dr. Nathan testified
autistic persons should not be placed on drugs and in confinement; Nate
endured physical and psychotropic abuse. |
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Bryan Kaye - Oral re: Homeless and the mentally ill; Sharon
Petrosino acknowledged plea agreements were forged; Judges submitted plea
agreements that they knew were forged on the permanent record. |
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Lou Noble - Oral re: Homeless situation; law enforcement and
officials believe tough love will make people get back on their feet but it
leads to oppression, depression and mental illness; staff at shelters need to
be more humane and compassionate and supervised; Ilya Tseglin's pleas for his
son Nate; retaliation of individuals living in shelters who speak out against
the shelters. |
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Tim Board - Oral re: Violation of state law for law enforcement
to release information related to investigations in office' in misconduct
including cases involving deadly force and untruthfulness, and changes to law
effective January 1; attended sentence hearing of Seal Beach salon murderer;
criminal justice system failures. |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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Supervisor Chaffee - Oral re: Visited
schools within the Anaheim School District who were serving the homeless
population on Martin Luther King Jr. Day; he and his staff participated in
the Homeless Point-In-Time Count; visited Orange County Sheriff's Department
Emergency Management Division, thanked Donna Boston who lead the visit, was
pleased to see how well prepared Orange County is for disasters; acknowledged
the Orange County Intelligence Assessment Center for receiving the 2018
Fusion Center of the Year Award; County Executive Officer is providing
information about the Mental Services Act money, from the beginning to where
we are today; will be in parade in Anaheim on Saturday, February 2 for Black
Heritage Month; and thanked the Board Members for their assistance in
onboarding him in his new position. |
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Supervisor Do - Oral re: Thanked staff who participated in the
Homeless Point-In-Time Count; thanked Susan Price for leading the
Point-In-Time Count; provided unofficial counts of homeless as of 11:30 p.m.,
January 24; directed County staff to develop a strategy to end Veteran
homelessness by the end of 2019 and to return to the Board for approval;
requested the Commission to End Homelessness provide input to the strategy at
their March Commission meeting; and stated he will present and seek input
from the Veterans Commission. |
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Chairwoman Bartlett - Oral re: Participated in the Homeless Point-In-Time
Count; agrees with Supervisor Do to end Veteran homelessness in 2019; and
thanked Susan Price for leading the Point-In-Time Count. |
ADJOURNED:
3:03 P.M.
***
KEY ***
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Left Margin
Notes |
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1. = Supervisor Do |
A. = Abstained |
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2. = Supervisor Steel |
X. = Excused |
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3. = Supervisor Wagner |
N. = No |
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4. = Supervisor Chaffee |
BO = Board Order |
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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)
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Chair, Orange County Board of Supervisors |
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Orange County Clerk of the Board |