REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, February 3, 2015,
9:00 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

 

 

ANDREW DO                              

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:  Supervisor Steel, Second District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Vice Chairman Bartlett, Fifth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairman Spitzer presented resolutions commending Alan Murphy and Rich Adler on their retirement

 

II.   CONSENT CALENDAR (Items 1-7)

 

45123

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 2 WHICH WAS CONTINUED TO 2/10/15; 9:30 A.M.; AND ITEMS 6 & 7 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

ELECTED DEPARTMENT HEADS

 

1.

Auditor-Controller - Receive and file Internal Audit Quarterly Status Report for October - December 2014 - All Districts

 

2.

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 (Continued from 1/27/15, Item 8)

45123

CONTINUED TO 2/10/15, 9:30 A.M.

 

3.

Sheriff-Coroner - Approve amendment 2 to agreement MA-060-12011698 with EZ Card and Kiosk LLC for jail kiosk services at no additional cost, 3/20/15 - 3/19/16; and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

JOHN WAYNE AIRPORT

 

4.

Approve plans and specifications and set bid opening for 3/11/15, 2:00 p.m., for Main Street and Employee Parking Lots Rehabilitation Project; authorize Director or designee to extend bid opening date up to 60 days if necessary; and make California Environmental Quality Act findings - District 2

 

5.

Relieve bidder, Unispec Construction, Inc. and reject all other bids; approve plans and specifications and set bid opening for 3/11/15, 2:00 p.m., for Campus Drive to Bristol Street Right Turn Lane project; authorize Director or designee to extend bid opening date up to 60 days if necessary; and consider application of prior Environmental Impact Report No. 582 and other findings - District 2

 

SOCIAL SERVICES AGENCY

 

6.

Approve Memorandum of Understanding AMZ0614 with Council on Aging Orange County, Silverado Senior Living and The be.group for  Elder Shelter Network Services, 3/1/15 - 2/29/16; authorize Director or designee to execute Memorandum of Understanding and extend term for up to twelve additional months with same terms and conditions - All Districts

41253

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

7.

Registrar of Voters - Receive and file certified Statement of Votes Cast for January 27, 2015 First Supervisorial District Vacancy election; and declare elected the person having the highest number of votes for the office of 1st District Supervisor - District 1

4523

APPROVED WITH AMENDED RECOMMENDED ACTION 2 - RECEIVE AND FILE THE CERTIFICATION OF REGISTRAR  OF VOTERS AS TO THE RESULTS OF THE CANVASS OF THE FIRST SUPERVISORIAL DISTRICT VACANCY ELECTION RETURNS AND DECLARE ANDREW DO, AS THE PERSON HAVING THE HIGHEST NUMBER OF VOTES FOR THE OFFICE OF SUPERVISOR - DISTRICT 1, ELECTED TO THE OFFICE OF SUPERVISOR - DISTRICT 1

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 8-S16A)

 

ELECTED DEPARTMENT HEADS

 

8.

Treasurer-Tax Collector - Approve amendment 11 to agreement MA-074-10010309 with Financial Statement Services, Inc. for billing and mailing property tax bills, invoices and delinquent invoices, 3/1/15 - 6/30/15 ($186,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

45123

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

9.

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 (Continued from 1/27/15, Item 41)

53124

APPROVED AS RECOMMENDED

 

RESO: 15-005

 

JOHN WAYNE AIRPORT

 

10.

Approve Transportation Network Company Charter Operator Commercial Ground Transportation Operating Permit for passenger pick-up from and to John Wayne Airport; authorize Director to make necessary amendments to permit; and make California Environmental Quality Act findings - District 2

B.O.

CONTINUED TO 2/10/15, 9:30 A.M.

 

SOCIAL SERVICES AGENCY

 

11.

Approve and authorize submission to California Department of Social Services of opt-in to Approved Relative Caregiver Funding Option Program to provide funding equal to higher basic foster care rate to relative caregivers with whom a non-federally eligible foster child is placed; effective 4/1/15 - All Districts

B.O.

CONTINUED TO 2/10/15, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

12.

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

45123

APPROVED RECOMMENDED ACTION 2 (EXCLUDING PROPOSALS 5 & 6) AND RECOMMENDED ACTION 3

 

13.

Approve FY 2014-15 Second Quarter Budget Report; approve related budget adjustments and reserve changes; amend master position control; direct Auditor-Controller to make payment from Fund 12J for reimbursement of costs related to DNA collection; and direct Auditor-Controller to transfer funds from Fund 359 to Fund 12S for child care support and expansion - All Districts (RA #1 4/5 vote of voting members present)

15243

APPROVED RECOMMENDED ACTIONS 1 - 4 EXCLUDING THE REQUESTED $500,000 NET COUNTY COST FOR OCPW WHICH IS CONTINUED TO 3/3/15, 9:30 A.M.

 

14.

Approve grant applications/awards submitted in 2/3/15 grant report and other actions as recommended - All Districts

B.O.

DELETED

 

15.

Human Resource Services - Authorize Purchasing Agent or authorized Deputy to enter into negotiation with Liebert Cassidy Whitmore for labor negotiations services and return to the Board for approval - All Districts

51243

AUTHORIZED HRS DIRECTOR TO NEGOTIATE AN AGREEMENT WITH  LIEBERT CASSIDY WHITMORE FOR BOARD APPROVAL WHICH INCLUDES NO REIMBURSEMENT FOR PURE TRAVEL TIME BEYOND THE IRS APPROVED MILEAGE RATE.

 

16.

Chairman Spitzer - Approve 2015 Chairman appointments of Board Members to various Boards, Commission, and Committees; adopt California Form 806 - Agency Report of Public Official Appointment; and adopt resolutions appointing Board Members to Orange County Fire Authority Board of Directors

45123

APPROVED AS RECOMMENDED

 

RESO: 15-006 - 15-007

 

OC PUBLIC WORKS

 

S16A.

Acting as the Board of Supervisors - Consider second reading and adoption 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"; Acting as the Board of Supervisors and Orange County Flood Control District - approve 2015 Design and Construction Procurement Policy Manual - All Districts (Continued from 1/27/15, Item 46)

45123

APPROVED AS RECOMMENDED

 

 ORD: 15-002

 

IV.  PUBLIC HEARINGS (Items 17-19)

 

OC PUBLIC WORKS

 

17.

Public Hearing to consider first reading of "An Ordinance of the County of Orange, California to Rescind the 2010/2011 Building and Planning Schedules Including the 2010/2011 Building and Safety Fee Schedule and Planning, Subdivision and Grading Permit Deposit and Fee Schedule, and the 2010/2011 Building and Safety and Planning Rate Table, as Created by Ordinance #10-008"; set second reading and adoption for 2/10/15, 9:30 a.m.; adopt resolution approving Development Service Fee Schedule, effective 2/1/15 and rescinding Resolution 94-300; and make California Environmental Quality Act and other findings - All Districts (Continued from 12/9/14, Item 47)

B.O.

DELETED

 

18.

Public Hearing to consider adopting resolutions updating fees for mandated services by the Agricultural Commissioner-Sealer of Weights and Measures; consider first reading of "An Ordinance of the County of Orange, California Amending Sections 5-5-1, 5-5-2, and 5-5-13 of the Codified Ordinances of the County of Orange to Provide for Registration and Inspection of Retail Motor Fuel Devices and Price Scanners and to Increase the Maximum Annual Fees for Registration of All Commercial Weighing and Measuring Instruments"; set second reading and adoption for 2/10/15, 9:30 a.m.; and make California Environmental Quality Act and other findings - All Districts (Continued from 11/25/14, Item 74; 12/9/14, Item 48)

B.O.

DELETED

 

19.

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 2/10/15, 9:30 a.m.; and make California Environmental Quality Act findings - All Districts (Continued from 1/27/15, Item 56)

B.O.

CLOSED PUBLIC HEARING

 

45123

APPROVED AS RECOMMENDED

 

V.   CLOSED SESSION (Items CS-1-SCS6)

 

ELECTED DEPARTMENT HEADS

 

CS-1.

Sheriff-Coroner - CONFERENCE WITH SHERIFF-CORONER - UPDATE TO THE THREAT TO PUBLIC SERVICES OR FACILITIES - Pursuant to Government Code Section 54957(a):
Title of Officer:  Sandra Hutchens, Orange County Sheriff-Coroner

B.O.

HELD, NO REPORTABLE ACTION

 

GENERAL ADMINISTRATION

 

CS-2.

Human Resource Services - PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b):
Title:  Airport Director
(Continued from 1/27/15, Item CS-3)

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, APPOINTED LARRY SERAFINI TO THE POSITION OF ACTING DIRECTOR OF JOHN WAYNE AIRPORT.

 

 

County Counsel:

 

SCS3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Manuel Vasquez, et al. v. Tony Rackauckas, et al., United States District Court Case No. SACV 09-1090 VBG

B.O.

HELD, THE CLERK READ:  THE BOARD BY A VOTE OF 4 TO 1, SUPERVISORS BARTLETT, DO, NELSON & STEEL VOTING IN FAVOR, SUPERVISOR SPITZER VOTING AGAINST, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF MANUAL VASQUEZ, ET AL. V. TONY RACKAUCKAS, 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.

 

SCS4.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Ellis Andersen v. County of Orange, Orange County Superior Court Case No. 30-2013-00659972-CU-CR-CJC

B.O.

HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ELLIS ANDERSEN 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.

 

SCS5.

Human Resource Services - 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

 

SCS6.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code Section 54956.9(d)(2):
Number of Cases:  One Case

B.O.

DELETED

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re: Courts and various county departments and disposal of senior's property

 

Ilya Tseglin & Robert Tseglin - Oral Re: Nate Tesglin

 

Darrell Nolta - Oral Re: Mentally ill, the homeless, measles and the flu, and definition of being sanctioned

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

None

 

ADJOURNED:  3:05 P.M.

53124

Adjourned in memory of Col. Paul Headley

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Do

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