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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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ANDREW DO CHAIRMAN First District |
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SHAWN NELSON VICE CHAIRMAN Fourth District |
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MICHELLE STEEL SUPERVISOR Second District |
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TODD SPITZER SUPERVISOR Third District |
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LISA A. BARTLETT SUPERVISOR Fifth District |
ATTENDANCE: All
Present
EXCUSED: None
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 Spitzer, Third District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Steel, Second District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Supervisor Spitzer presented a resolution
honoring Black History Month |
Supervisor Spitzer presented a resolution
to Human Options for Teen Dating Violence Awareness Month |
Supervisor Bartlett presented a
proclamation to Ryan Hickman in recognition of his outstanding
environmentalism and recycling efforts |
Supervisor Bartlett presented a
proclamation in recognition of Bruce Channing's retirement after 26 years of
outstanding service as City Manager of Laguna Hills |
II.
PUBLIC COMMENTS
Brigitte
- Oral re: Participation of the public at Board meetings and placement of
public comments on the agenda; submission of documents provided during
Public Comments not part of the Board Meeting record, fraud and money
laundering |
Jim
Farell - Oral re: Son with mental illness, thanked the Board and Mary Hale
from the Health Care Agency for helping his son, started a Conservator
Assistance Group in Orange County to connect families, attended OC Mental
Health Board meeting |
Ilya
Tseglin - Oral re: Nate Tseglin, Public Defender, Probate judges, hearing to
be held at Probation Court, OC Regional Center |
Robert Tseglin - Oral re: Nate Tseglin;
kidnapped by Irvine Police Department; placed and removed from group homes;
cover-up of mental, psychotropic and physical abuse; concealment of medical records,
conservatorship |
David Duran - Oral re: Homeless issues
brought before the Board by advocates, deaths of the homeless and lack of
housing, County and Cities being sued for their lack of understanding and
practices against homeless, Attorney General and homeless issues, Agenda Item
S29C regarding speaker time limits |
Richard Nelson - Oral re: Supports Agenda
Item #16 |
Jane Rice - Oral re: Agenda Item #16,
community continues to oppose up zoning throughout the community and the
County |
The Cameraman - Oral re: Homeless living on
the riverbed, any person on probation or parole and staying or living on the
riverbed have been arrested, no affordable housing for the homeless, off-duty
Los Angeles police officer incident in City of Anaheim, Bryan Kaye and OC
Mental Health incident, Nate Tseglin |
Darrell Nolta - Oral re: Agenda Item S29C,
restriction of Brown Act and constitutional rights to speak during Board
meetings, Board Rule amendment to change public speaker time limits from
three minutes to two minutes |
Bryan Kaye - Oral re: First amendment and
right of free speech, Fred Rodgers quote, stopped City of Anaheim killing
homeless people, mental health and Nate Tseglin |
Rose Nguyen - Oral re: United Domestic
Workers of America, homecare provider for her father, requested the Board
support caregivers who provide quality care and to increase wages of
caregivers |
Tonya Ginn - Oral re: United Domestic
Workers of America, was homeless and living on the streets, requested
increase of wages for caregivers |
Donta Harrison - Oral re: United Domestic
Workers of America, requested increase
of wages for caregivers |
Kenneth Batiste - Oral re: Homeless
situation in Orange County, deaths of the homeless, homeless evictions from
the riverbed |
Donna Schlitz - Oral re: Resident of
unincorporated area in the City of Anaheim, residents parking on the street
do not adhere to parking signs, OC Sheriff does not provide enforcement of
parking violators |
III.
CONSENT CALENDAR (Items 1-9)
42351 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 6 WHICH WAS DELETED; AND ITEMS 7 AND 8 WHICH WERE PULLED FOR DISCUSSION AND
SEPARATE VOTE |
BOARD APPOINTMENTS
1. |
Supervisor Spitzer - Orange
County Waste Management Commission - Reappoint Donald R. Froelich, Laguna
Hills, for term ending 1/18/19 |
2. |
Supervisor Bartlett - Orange
County Historical Commission - Appoint Barbara Johannes, Dana Point, for
term concurrent with 5th District Supervisor's term of office |
3. |
Chairman Do - Senior
Citizens Advisory Council - Reappoint Elaine Gennawey, Laguna Niguel and
appoint Mary Ellen Lohnes, Santa Ana, for terms ending 12/31/18 |
ELECTED DEPARTMENT HEADS
4. |
District Attorney - Approve
agreement M8107940 with Employment Development Department for locator
information, 3/1/18 - 2/28/21 ($5,492 per year; cumulative total $16,476);
and authorize County Procurement Officer or authorized Deputy to execute
agreement - All Districts |
5. |
Sheriff-Coroner - Approve
amendment 3 to renew contract MA-060-15011324 with Orange County Pumping
Inc. for septic tank cleaning services, 3/3/18 - 3/2/19 ($120,000; cumulative
total $480,000); renewable for one additional one-year term; and authorize
County Procurement Officer or authorized Deputy to execute amendment - All
Districts |
HEALTH CARE AGENCY
6. |
Approve
agreement with various community based organizations for behavioral health
prevention and early intervention services and data sharing; and
authorize Director or designee to execute individual agreements - All
Districts (Continued from 1/23/18, Item 9) |
42351 |
DELETED |
OC COMMUNITY RESOURCES
7. |
Accept
donation of $14,959.85 from the Friends of El Toro Library to offset cost of
purchasing a new awning and paint work for bookstore loading zone -
District 5 |
53241 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
8. |
Approve
item A of Orange County Traffic Committee Report dated 7/20/17; adopt
resolution approving item A of Orange County Traffic Committee Report
dated 11/16/17 related to parking restrictions in Anaheim Islands,; approve
item B of Orange County Traffic Committee Report dated 11/16/17; and adopt
Orange County Traffic Committee Rules of Procedure - All Districts |
43251 |
APPROVED AS RECOMMENDED |
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RESO: 18-010 |
OC WASTE & RECYCLING
9. |
Approve
amendment 2 to renew contract MA-299-15010862 with HF&H Consultants, LLC
for financial advisory services, 3/7/18 - 3/6/19 ($100,000; cumulative
total $600,000); renewable for one additional year; and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts |
END OF
CONSENT CALENDAR
IV.
DISCUSSION ITEMS (Items 10-S29C)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
10. |
Approve
amendment 3 to renew contract MA-060-15011162 with Fujitec America, Inc. for
elevator maintenance and repair services, Theo Lacy Facility, 4/1/18 -
3/31/19 ($32,000; cumulative total $128,000); renewable for one additional
one-year term; and authorize County Procurement Officer or authorized Deputy
to execute amendment - District 3 |
34251 |
APPROVED
AS RECOMMENDED |
11. |
Approve
amendment 3 to renew contract MA-060-15011787 with Truth Be Told Polygraph
LLC for polygraph services, 4/21/18 - 4/20/19 ($270,000; cumulative total
$810,000); and authorize Sheriff-Coroner or designee to execute amendment -
All Districts |
52341 |
APPROVED
AS RECOMMENDED |
12. |
Receive
and file status report and approve continuance of local emergency related to
Theo Lacy Facility for repair to inoperable elevator used for public,
legal visits and emergency egress for inmates; set review to determine need
for continuing local emergency for 2/27/18, 9:30 a.m. and every regularly
scheduled meeting thereafter until terminated - District 3 (4/5 vote of the
members present) (Continued from 9/26/17, Item S46E; 10/17/17, Item 22;
10/31/17, Item 13; 11/14/17, Item 17; 12/5/17, Item 31; 12/12/17, Item 17;
1/9/18, Item 9; 1/23/18, Item 21) |
34251 |
APPROVED
AS RECOMMENDED |
OC COMMUNITY RESOURCES
13. |
Approve
Purchase and Sale Agreement with City of Irvine; approve Quitclaim Deed from
County to City of Irvine for conveyance in fee of Parcels PR48A-1011.4
and 101.5 for road purposes; approve Easement Deed and Agreement from County
to City of Irvine for maintenance purposes (Parcel PR48A-157); approve
Easement Deed and Agreement from County to City of Irvine for habitat
restoration purposes (Parcels PR48A-280, 281, 282, 283 and 284); and consider
application of mitigated Negative Declaration SCH #:2014031052 and other
findings - District 3 |
35241 |
APPROVED AS RECOMMENDED |
14. |
Approve
amendment 1 to contract 17-27-0025-FCSP with St. Jude Hospital, Inc. dba St.
Jude Medical Center for family caregiver support program services, 7/1/17
- 6/30/18 ($80,504; new total $797,481); approve amendment 1 to contract 17-27-0017
with Council on Aging - Southern California for long-term care ombudsman
program services, 7/1/17 - 6/30/18 ($73,273; new total $633,099); and
authorize Director or designee to execute amendments - All Districts |
45231 |
APPROVED AS RECOMMENDED |
15. |
Approve
amendment 2 to Operator Agreement 16-22-0037-PS with Mercy House Living
Centers, Inc. for operation of Year Round Emergency Shelter at 1000 N.
Kraemer Place, Anaheim, 12/14/16 - 6/30/18; authorize Director or designee to
execute amendment; adopt resolution establishing formation of Bridges at
Kraemer Place Community Advisory Board, adopt Bylaws and approve appointment
of Director of Care Coordination, or designee, as the Board of Supervisors'
representative - District 3 |
32451 |
APPROVED AS AMENDED TO AMEND BYLAWS ARTICLE
I: NAME, PURPOSE AND FUNCTIONS (C)(1)
TO READ "PROVIDE REVIEW OF THE OPERATIONS OF THE BRIDGES AT KRAEMER
PLACE YEAR ROUND EMERGENCY SHELTER PROGRAM AND MULTI-SERVICE CENTER AND
PROVIDE A REPORT TO THE ORANGE COUNTY BOARD OF SUPERVISORS ON A BIANNUAL
BASIS" |
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RESO: 18-011 |
OC PUBLIC WORKS
16. |
Adopt
resolution approving Use Permit PA160051 for planned development and making
related findings - District 3 (Continued RA #7 from 12/12/17, Item 43) |
34251 |
APPROVED AS RECOMMENDED |
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RESO: 18-012 |
17. |
Approve
contract MA-080-18010951 with Willdan Engineering, The Code Group, Inc., and
HR Green Pacific, Inc. for on-call code enforcement services, three-year
term effective 3/15/18 ($900,000); renewable for two additional one-year
terms; and authorize County Procurement Officer or authorized Deputy to
execute contracts - All Districts |
54231 |
APPROVED AS RECOMMENDED |
18. |
Approve
Indemnification Agreement for development proposals under certain conditions;
authorize Director or designee to execute agreement - All Districts |
B.O. |
CONTINUED TO 3/13/18, 9:30 A.M. |
19. |
Approve
contract MA-080-18010934 with Tetra Tech, Inc. and MA-080-18010935 with Larry
Walker Associates, Inc. for on-call environmental regulation services,
three-year terms ($1,500,000 each; aggregate total $3,000,000) renewable for
two additional years; authorize Director or designee to execute contracts;
and make California Environmental Quality Act and other findings - All
Districts |
54231 |
APPROVED AS RECOMMENDED |
20. |
Approve
contracts MA-080-18010940 with Chambers Group, Inc., MA-080-18010941 with
Psomas, MA-080-18010942 with Dudek, MA-080-18010943 with ICF Jones &
Stokes, Inc., MA-080-18010944 with LSA Associates, Inc., MA-080-18010945 with
Moffatt & Nichol, MA-080-18010946 with ECORP Consulting, Inc.,
MA-080-18010947 with Environmental Science Associates, MA-080-18010948 with
HELIX Environmental Planning, Inc., MA-080-18010949 with AECOM Technical
Services, Inc., and MA-080-18010950 with Michael Baker International, Inc.
for on-call regulatory permitting and restoration services, three-year terms
($1,500,000 each; aggregate total $16,500,000) renewable for two additional
years; authorize Director or designee to execute contracts; and make
California Environmental Quality Act and other findings - All Districts |
45231 |
APPROVED AS RECOMMENDED |
21. |
Approve
Design Phase Services contract MA-080-18011046 with BNBuilders, Inc. for
construction manager at-risk for South County Probation Office
Improvement Project, 2/6/18 - 2/5/19 ($71,080); authorize expenditure of
funds for negotiated Construction Phase Services contract with BNBuilders,
Inc. South County Probation Office Improvement Project, commencing upon
execution ($4,000,000); authorize Director or designee to execute contracts;
and make California Environmental Quality Act and other findings - District 5 |
54231 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
22. |
Probation - Adopt
resolution making certain findings and authorizing expenditures to provide
incentive items as awards for youth (amount not to exceed $100,000 per year);
retroactively approve expenditures for incentives under certain conditions,
5/25/10 - 2/5//18 - All Districts (Continued from 1/23/18, Item 32) |
14235 |
APPROVED AS RECOMMENDED EXCLUDING
RECOMMENDED ACTION 1 (b) |
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RESO: 18-013 |
SOCIAL SERVICES AGENCY
23. |
Ratify
Assignment, Novation and Consent agreement 2923905.1-A1 from Enterprise
Services, LLC to DXC Technology Services, LLC for California Work
Opportunity and Responsibility to Kids Information Network (CalWIN)
maintenance and operations services, 1/5/18 - 1/31/20 - All Districts |
32451 |
APPROVED AS RECOMMENDED |
24. |
Approve
agreement CAB1417 with Children's Home Society of California for Bridge
Program child care navigator and trauma-informed and coaching services,
2/15/18 - 6/30/20 ($647,110); and authorize Director or designee to exercise
cost contingency increase not to exceed 10% under certain conditions - All
Districts |
32451 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
25. |
County Counsel - Acting
as the Board of Supervisors and Orange County Flood Control District - Select
Murphy & Evertz, LLP, Burke, Williams and Sorensen, LLP, Meyers Nave
Riback Silver & Wilson, PLC, Price, Postel & Parma, LLP and Bergman
Dacey Goldsmith, PLC as law firms to
assist the Orange County Flood Control District in real property
acquisition and representation in litigation for the proposed acquisition of
real property interests for remaining portions of Santa Ana River Mainstem
Project, including Santiago Creek and the Prado Dam, as well as other
condemnation matters on an as-needed basis; and authorize County Counsel to
execute agreements - All Districts (4/5 vote of the members present) |
35241 |
APPROVED AS RECOMMENDED |
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County
Executive Office: |
26. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
24351 |
APPROVED
AS RECOMMENDED |
27. |
Approve
FY 2017-18 Second Quarter Budget Report; approve related budget adjustments
and reserves changes; amend master position control; direct
Auditor-Controller to make payment from Fund 12J for DNA collection
reimbursement; direct Auditor-Controller to make final distribution of B-13
Bankruptcy claims; establish Sheriff Special Appropriations fund for
Sheriff's Narcotics Program ($45,000); and approve new classification
specifications, and establish pay grades for Zoo Curator and Parks Animal
Keeper series, effective 2/16/18; approve the addition of events to FY
2017-18 County Event Calendar; and make related findings - All Districts (RA
1 requires 4/5 vote of members present) |
42351 |
APPROVED
AS AMENDED TO REMOVE 'CONSTITUENT HOME' FROM ATTACHMENT C FOR COMMUNITY
COFFEE IN DISTRICT EVENT LOCATIONS IN ROSSMOOR, HUNTINGTON BEACH AND NEWPORT
BEACH |
28. |
Approve
grant applications/awards submitted by OC Community Resources, Health Care
Agency, Sheriff-Coroner and Social Services Agency and ratify retroactive
grant applications/awards submitted by Sheriff-Coroner and District Attorney
in 2/6/18 grant report and other actions as recommended - All Districts |
54231 |
APPROVED
AS RECOMMENDED |
29. |
Registrar of Voters - Approve
contract MA-031-18010729 with Pitney Bowes Inc. for lease to own purchase
of digital production color printing equipment for a five-year term
($3,418,358.20); adopt resolution authorizing contract with PNC Equipment
Finance, LLC for purchase of digital production color printing equipment for
five-year lease-to-own term ($3,418,358.20); approve contract MA-031-18010873
with Pitney Bowes Inc. for maintenance of digital production color printing equipment
for five-year term ($161,429 per year); and authorize County Procurement
Officer or authorized Deputy to execute contracts - All Districts |
52341 |
APPROVED AS RECOMMENDED |
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RESO: 18-014 |
S29A. |
Chairman Do - Direct
County Counsel to develop model by-laws for all County commissions,
committees, and advisory boards and to establish bylaws for the Stepping Up
Initiative and Orange County Criminal Justice Coordinating Council |
13245 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
S29B. |
Ratify
emergency contract CT-012-18010541 with BC Rentals, Inc. dba Clear Water
Services, Inc. for emergency erosion control services, ($179,198.71);
authorize County Procurement Officer or authorized Deputy to execute
contract; and make California Environmental Quality Act and other findings -
District 3 |
34251 |
APPROVED
AS RECOMMENDED |
GENERAL ADMINISTRATION
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Chairman Do: |
S29C. |
Approve
amendment to Board of Supervisors Rules of Procedure |
B.O. |
APPROVED
AS AMENDED TO AMEND RULE 47 - TIME LIMITS (a) OF THE BOARD OF SUPERVISORS
RULES OF PROCEDURE TO READ 'FOR EVERY REGULAR AND SPECIAL MEETING, EACH
MEMBER OF THE PUBLIC MAY ADDRESS THE BOARD ON UP TO THREE OCCASIONS, WITH
THREE MINUTES ALLOTTED TO THE SPEAKER PER OCCASION' |
V.
PUBLIC HEARINGS (None)
VI.
CLOSED SESSION (Items CS-1-SCS7)
GENERAL ADMINISTRATION
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Human Resource
Services: |
CS-1. |
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
B.O. |
HELD,
NO REPORTABLE ACTION |
CS-2. |
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957(b)(1): |
B.O. |
HELD,
NO REPORTABLE ACTION |
CS-3. |
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957(b)(1): |
B.O. |
HELD,
NO REPORTABLE ACTION |
CS-4. |
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957(b)(1): |
B.O. |
HELD,
NO REPORTABLE ACTION |
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County Counsel: |
SCS5. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD,
COUNTY COUNSEL READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF NORTH TUSTIN COALITION
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. |
SCS6. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO
LITIGATION - Pursuant to Government Code Section 54956.9(d)(2): |
B.O. |
HELD,
NO REPORTABLE ACTION |
SCS7. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD,
NO REPORTABLE ACTION |
VII.
CEO, BOARD COMMENTS & ADJOURNMENT
COUNTY EXECUTIVE OFFICER COMMENTS:
None |
BOARD COMMENTS:
None |
ADJOURNED:
1:21 P.M.
***
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 |