REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, April 11, 2017,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

MICHELLE STEEL

CHAIRWOMAN

Second District

 

 

ANDREW DO                              

VICE CHAIR                             

First District

 

 

TODD SPITZER

SUPERVISOR

Third District

 

 

 

SHAWN NELSON                           

SUPERVISOR                             

Fourth District

 

 

LISA A. BARTLETT

SUPERVISOR

Fifth District

 

ATTENDANCE:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:  Supervisor Spitzer, Third District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Spitzer, Third District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairwoman Steel presented a resolution proclaiming April 24, 2017 as "Armenian Genocide Remembrance Day"

 

II. PUBLIC COMMENTS

 

Mark Daniels - Oral Re: Homeless issues; 'Al Fresco Gardens' project for low cost living communities in Anaheim by Nancy West; requested the Board review and consider Nancy West's plan

 

Jamie Ludovise - Oral Re: Asked when bathrooms will be placed in the riverbed, existing beds in the County are full, housing homeless in the riverbed, provide porta potties and open the park restrooms at night for the homeless, armories closing on Sunday, April 16

 

Dwight Smith - Oral Re: Contract between Kingdom Enterprises and the County to 'discourage rogue providers', food poisoning and no potable water in the Courtyard, no environmental health standards at the Courtyard, animal feces on ground and feces on mats in the Courtyard

 

Mohammed Aly - Oral Re: Met with Supervisor Nelson at Burger King by the riverbed and led him to a homeless family living in the riverbed, will not follow Board rules, will speak for 30 minutes and directly address Board Members, homeless children living in the riverbed, housing for the homeless, homeless living in tents, need portable restrooms in the riverbeds

 

Michael Klubnikin - Oral Re: Rescind November 8, 2016 Board approval of moving the general public comments to the beginning of Board meetings, Ilya Tseglin, Public Defender

 

Paul Hyek - Oral Re: Asked when the Kraemer Shelter will be open, armories closing on Sunday, April 16, 2017

 

Darrell Nolta - Oral Re: Agenda Item S29B, Board suppression of the right of the public to speak, First Amendment Rights and grievances against the Board of Supervisors and the County, supports ACLU suing the Board of Supervisors, use of magnetometers for Board Meetings is unreasonable

 

Jeanine Robbins - Oral Re: Read article 'Plight of the Homeless' by Mike Zint regarding homeless

 

Mike Robbins - Oral Re: Homeless issues, tightening of economic market and housing, homeless population is increasing and needs to be addressed

 

Rudy Padrel - Oral Re: Raising awareness of drug overdose, over prescribing drugs and the epidemic in Orange County, goal is to create County Awareness Day and would like the Board's support to make the event possible, 'Kids From the Other Side' Program by Dr. Headrick inspires youth to make their teen years drug and alcohol free

 

Dr. Daniel Headrick - Oral Re: 'Kids From the Other Side' Program inspires youth to make their teen years drug and alcohol free, focus on prevention and promote natural highs, drug assemblies at middle schools

 

Jodi Barber - Oral Re: Lost son and friends to prescription drug overdose, need to spread awareness and educate, 'Overtaken' documentary about the ongoing prescription pill epidemic in Orange County

 

Nancy West - Oral Re: Presented 'Al Fresco Gardens' Project for low cost living communities in Anaheim

 

Brendan Hamme - Oral Re: Brown Act, Board suppressing public comments at meetings, Board pleas poverty when faced with cries from its constituents for permanent supportive housing 

 

Bruce Creel - Oral Re: Homeless issues, his ministry helps the homeless, multifaceted problems for the homeless including mental, health, drug addiction and prison records, delivers Christ Center help to the homeless at the riverbed

 

Rebecca Whitehead - Oral Re: Child living in the riverbed, policies in place do not help the homeless, need housing policy and feasibility study to help the homeless, need more policies to protect the children that are homeless

 

Lou Noble - Oral Re: Homeless advocate, need housing for the homeless, drug addiction and oppression of the homeless, thanked Supervisor Nelson for meeting with Mohammed Aly and visiting the homeless in the riverbed, implement camping grounds for those waiting for housing, supports Al Fresco Garden plan

 

Jordan Hoiberg - Oral Re: Reprimand the Board for the behavior toward Mohammed Aly, commend Supervisor Nelson efforts for visiting the homeless in the riverbed, need permanent transition housing solution for the homeless, SB59 for the disposition of the Costa Mesa-based Fairview Developmental Center gives Orange County and the City of Costa Mesa first rights refusal of land

 

III. CONSENT CALENDAR (Items 1-15)

 

35142

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 3 AND 6 WHICH WERE DELETED; AND ITEMS 13 AND 14 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Supervisor Spitzer:

 

1.

Orange County Mental Health Board - Appoint Tia Christian, Orange, to complete term ending 11/19/17

 

2.

Senior Citizens Advisory Council - Appoint Linda J. Barcelona, Santa Ana, to complete term ending 12/31/17

 

3.

Acting as the Orange County Housing Authority - Housing and Community Development Commission - Appoint Matthew Buck, Irvine, to complete term ending 6/30/17 (Continued from 3/28/17, Item S36A)

35142

DELETED

 

 

Vice Chair Do:

 

4.

Orange County Human Relations Commission - Appoint Kim Toan Do, Westminster, for term ending 4/10/19

 

5.

Acting as the Orange County Housing Authority - Housing and Community Development Commission - Appoint An Nguyen, Fountain Valley, to complete term ending 6/30/17

 

DEPARTMENT APPOINTMENTS

 

6.

Health Care Agency - Well Standards Advisory Board - Reappoint John Gregg, Huntington Beach; Roy Herndon, Fountain Valley; Robert McVicker, Anaheim; Jian Peng, Orange; and Nabil Saba, Santa Ana for terms ending 1/6/20 - All Districts (Continued from 12/13/16, Item 3; 1/24/17, Item 4)

35142

DELETED

 

ELECTED DEPARTMENT HEADS

 

7.

Sheriff-Coroner - Adopt list of prequalified contractors; adopt unit price book and technical specifications and set bid opening for 5/3/17, 2:00 p.m., for Job Order Contract for general contracting services; and make California Environmental Quality Act and other findings - All Districts

 

OC COMMUNITY RESOURCES

 

8.

Approve Saddleback Gateway Interim Operations Plan to make site accessible and suitable for public use at former Silverado Elementary School property; and consider adoption of Mitigated Negative Declaration No. IP 16-213 and other findings - District 3

 

OC PUBLIC WORKS

 

 

Acting as the Orange County Flood Control District:

 

9.

Approve agreement MA-080-171011119 with City of Westminster for bikeways and trails improvements, Anaheim Barber City Channel, 20-year term, renewable for 30 additional one-year terms; approve grant deed with City of Westminster granting fee interest and reserving flood control purposes, Rancho Road; and make California Environmental Quality Act and other findings - District 1

 

10.

Adopt resolution making certain findings pertinent to leasing of Orange County Flood Control District property; approve demonstration garden lease with City of Anaheim, 10 year term with option to extend for 15 additional one-year periods ($7,500 each year); make California Environmental Quality Act, and other findings; and authorize Director or designee to perform all activities specified under lease terms - District 3

 

RESO: 17-036

 

SOCIAL SERVICES AGENCY

 

11.

Approve Privacy and Security agreement with California Department of Social Services for continued access to Social Security Administration, Medi-Cal Eligibility Data System and applicant income and eligibility verification system personally identifiable information, for term ending 10/1/19; and authorize Director or designee to execute agreement and any related documents - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

12.

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

 

13.

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

34152

APPROVED AS RECOMMENDED; DIRECTED STAFF TO REVIEW THE DEFINITION OF 'PARTY' WITHIN DISCLOSURE CATEGORY OC-50 AND TO RETURN TO THE BOARD WITH A RECOMMENDATION WITHIN 30 DAYS

 

14.

Approve initial Conflict of Interest Code and Designated Filer Exhibits for Citrus Springs Charter School, a California Public Charter School - District 1

24135
   N

APPROVED AS RECOMMENDED

 

15.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Trabuco Canyon Water District - Districts 3 and 5

END OF CONSENT CALENDAR

 


IV. DISCUSSION ITEMS (Items 16-S29F)

 

OC COMMUNITY RESOURCES

 

16.

Approve increase to agreement for Provision of Professional services with various providers of veterinary services ($200,000; new total $550,000) for term ending 6/30/17 - All Districts

53142

APPROVED AS RECOMMENDED; DIRECTED STAFF TO LOOK AT THE DEMANDS OF THE SHELTER WHILE TRANSITIONING TO THE NEW SHELTER IN TUSTIN AND REVISIT THE NEED TO HIRE A FULL-TIME VETERINARIAN; WORK WITH DR. HAWKINS AND JVR STRATEGIES TO IDENTIFY KEY VETERINARY BOARDS AND ASSOCIATIONS NATIONWIDE IN ORDER TO ADVERTISE POSITION TO THE LARGEST POOL OF REPUTABLE APPLICANTS; LOOK AT UNFREEZING THE POSITION, WORKING WITH THE STAKEHOLDERS AND MOVING TOWARDS HIRING A FULL-TIME VETERINARIAN; AND WORK ON SALARY REVIEW IF COMPENSATION IS AN ISSUE.

 

OC PUBLIC WORKS

 

17.

Approve agreement MA-299-17011360 with Sukut Construction, LLC for Crews Quarters and Storage Facility, Frank R. Bowerman Landfill ($2,481,632); and authorize Director or designee to execute agreement - District 3

34152

APPROVED AS RECOMMENDED

 

18.

Approve aggregate agreements MA-080-17010674 with Mesa Energy Systems, Inc., Orange Coast Plumbing, All American Mechanical Contractors, Inc. and Verne's Plumbing, Inc. for on-call maintenance, repair and alteration services for plumbing systems, 4/11/17 - 4/10/22 (aggregate total $5,000,000); and authorize Purchasing Agent or authorized Deputy to execute agreements - All Districts

13452
   N

APPROVED RA 1(A), 1(B), 1(C) AND 1(D) AS AMENDED TO MODIFY TERMS OF AGREEMENTS TO 3 YEAR TERMS WITH A 2 YEAR RENEWAL

 

19.

Approve aggregate agreements MA-080-17010662 with Delta Power, Inc., Fakouri Electrical Engineering, Inc., and Global Power Group, Inc., for maintenance and repair services for emergency generators, 4/11/17 - 4/10/22 (aggregate total $5,000,000); authorize Purchasing Agent or authorized Deputy to execute agreements; and make California Environmental Quality Act and other findings - All Districts

13452
   N

APPROVED RA 1(A), 1(B), AND 1(C) AS AMENDED TO MODIFY TERMS OF AGREEMENTS TO 3 YEAR TERMS WITH A 2 YEAR RENEWAL

 

20.

Approve Change Orders No. B4 and No. B5 with Sukut Construction, LLC for La Pata Avenue Widening Project for additional work to address adverse geological conditions ($6,000,000); and authorize Director or designee to execute Change Orders - District 5

53142

APPROVED AS RECOMMENDED

 

21.

Acting as the Orange County Flood Control District - Approve cooperative agreement MA-080-17010657 with Orange County Civic Center Authority for procurement of San Juan Creek Channel Levee Protection Project Phases 4, 5, and 6, three year term; approve expenditure of funds for agreement between Orange County Civic Center Authority and Ames Construction, Inc. for Construction Manager At-Risk design phase services, three year term ($6,000); approve expenditure of funds to fund a negotiated agreement with Ames Construction, Inc. for construction phase services ($33,000,000); and authorize Chief Engineer to adopt plans, specifications and working details - District 5

53142

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

22.

Probation - Approve agreement MA-057-17011493 with HOV Services, Inc. for scanning, indexing and imaging services, 4/15/17 - 4/14/20 ($800,000); renewable for two additional one-year terms; and authorize Chief Probation Officer or designee to execute agreement - All Districts

15342

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

23.

Clerk of the Board - Children and Families Commission - Approve selection of one individual to the Education Category (annual alternating category); one individual to the Health Category; and one individual to the Education Category, for terms ending 3/31/19 - All Districts

13452

SELECTED AND APPOINTED SANDRA BARRY TO EDUCATION CATEGORY (ANNUAL ALTERNATING CATEGORY)

 

31452

SELECTED AND APPOINTED KIMBERLY CRIPE TO THE HEALTH CATEGORY

 

21345

SELECTED AND APPOINTED GREGORY HAULK TO THE EDUCATION CATEGORY

 

 

County Executive Office:

 

24.

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

12345

APPROVED AS RECOMMENDED

 

25.

Approve Regional Cooperative agreement RCA-017-17010018 with Tevora Business Solutions, Inc. for Cyber Security Assessment and Audit services, 4/11/17 - 4/10/20 with option to renew for two additional one-year terms; authorize Chief Information Officer or designee to execute agreement; authorize County departments to enter into subordinate agreements under Regional Cooperative agreement with Tevora Business Solutions, Inc. ($200,000 per year); and direct CEO, Chief Information Officer, Chief Information Security Officer or designee to work will all County departments to execute subordinate agreements to conduct baseline security assessment by no later than 6/30/18; and direct Chief Information Officer or designee to provide a written report to the Board on state of County cyber security on a bi-annual basis, first report due by 11/14/17 - All Districts

53142

APPROVED AS RECOMMENDED

 

26.

Acting as the Legislative Body of Community Facilities District No. 2017-1 (Village of Esencia) - Adopt resolution certifying election results within Improvement Area No. 1 and Improvement Area No. 2 for levy of special tax, bond indebtedness and issuance of bonds and authorizing filing of validation action; and consider first reading of "Ordinance of the Board of Supervisors of Orange County, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2017-1 of the County of Orange (Village of Esencia) Authorizing the Levy of Special Taxes within Improvement Area No. 1 and Improvement Area No. 2"; and set second reading and adoption for 4/25/17, 9:30 a.m. - District 5

54132

APPROVED AS RECOMMENDED

 

RESO: 17-037

 

27.

Approve grant applications/awards submitted by District Attorney and Health Care Agency in 4/11/17 grant report and other actions as recommended - All Districts

51342

APPROVED AS RECOMMENDED

 

28.

Approve acquisition agreement with Enrique Puch and Guillermo Benitez for purchase of property at 334 S. Jennifer Lane, Orange ($860,000); authorize Chief Real Estate Officer or designee to sign all escrow documents, make minor modifications under certain conditions and perform related actions; accept Grant Deed; and authorize Auditor-Controller to make related payments - District 3

34152

APPROVED AS RECOMMENDED

 

29.

Approve Fourth Amended and Restated County of Orange Board of Supervisors Policies and Procedures for consideration and approval of proposed Public Financings and amended Debt Management Policy - All Districts (Continued from 3/28/17, Item 33)

B.O.

DELETED

 

 

County Counsel:

 

S29A.

Authorize County Counsel to consent to law firm of Meyers, Nave, Riback, Silver and Wilson, PC representation of Orange County Fire Authority regarding pension liability - All Districts

53142

APPROVED AS RECOMMENDED

 

S29B.

Approve amendments to Rules of Procedure to delete cumulative total time limits for public comments, add time for public speakers who utilize translators and clarify existing prohibition on signs, posters, banners and other hazardous objects in Board Room, effective immediately - All Districts

41352
  N 

APPROVED AS RECOMMENDED

 

S29C.

Chairwoman Steel - Acting as the Orange County Housing Authority - Housing and Community Development Commission - Appoint James R. Fisler, Costa Mesa, to complete term ending 6/30/17

21345

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S29D.

District Attorney - Approve reallocation of position R98704 from Senior Deputy District Attorney to Executive Manager position - All Districts

51342
  N 

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S29E.

Supervisor Nelson - Orange County Parks Commission - Appoint John Koos, Brea, for term concurrent with 4th District Supervisor's term of office

41352

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

S29F.

Approve Interagency Cost Sharing Agreement with City of Lake Forest to fund operation of animal adoption center pilot program ($15,000); and authorize Director or designee to execute agreement - District 5

52134

APPROVED AS RECOMMENDED

 

V. PUBLIC HEARINGS (Item 30)

 

OC PUBLIC WORKS

 

30.

Public Hearing to consider adopting resolution approving 2017 Weed Abatement Program; and direct OC Public Works to report back to the Board on 8/8/17 and 7/24/18 with itemized cost reports - All Districts

B.O.

CLOSED PUBLIC HEARING

 

54132

APPROVED AS RECOMMENDED

 

RESO: 17-038

 

VI. CLOSED SESSION (Items CS-1-CS-2)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:   334 S. Jennifer Lane, Orange, CA
County Negotiator:  Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:    Guillermo Benitez and Enrique Puch
Under Negotiation:  Terms and Value of Future Sale

B.O.

DELETED

 

CS-2.

Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Brenda Diederichs
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), International Brotherhood of Teamsters, Local 952, 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

 

VII. CEO, BOARD COMMENTS & ADJOURNMENT

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Vice Chair Do - Oral Re: Public speaker comments regarding some members of the Board are foreigners, un-American and don't know the content of the United States Constitution, will ask Chair of the Board to hold a person out of order if this occurs at future Board meetings, will ask County Counsel to look into what the Board can do to prevent it from happening in the future, need to look at how the Board conducts their meetings

 

Chairwoman Steel - Oral Re: Upset with public speaker comments regarding some members of the Board not understanding the Freedom of Speech, asked County Counsel for guidance on what the Board needs to do to prepare or stop public speakers who are out of order

 

Supervisor Spitzer - Oral Re: Supervisor Nelson led a discussion 2 years ago in Fullerton regarding how to conduct a meeting, need to hold an open public forum Special Meeting to allow constituents and the public to vent on issues of homelessness, agrees with Supervisor Do that the public speaker comments were out of order

 

Supervisor Bartlett - Oral Re: Shocked by public speaker comments; meetings should be conducted with respect, common courtesy, and proper decorum

 

ADJOURNED:  12:16 P.M.

32145

Adjourned in memory of Lucille Cruz

 

52134

Adjourned in memory of Dennis Junka

 

21345

Adjourned in memory of Karen Smith and Jonathan Martinez who are victims of the San Bernardino shooting on April 10, 2017 at North Park Elementary School; prayers and thoughts to a student who was also a victim of the shooting and is currently hospitalized; prayers to their families and to all families and children who are affected by this incident

 

 

***  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