REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, April 12, 2016,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

LISA A. BARTLETT

CHAIRWOMAN

Fifth District

 

 

MICHELLE STEEL

VICE CHAIR

Second District

 

 

ANDREW DO

SUPERVISOR

First District

 

 

 

TODD SPITZER

SUPERVISOR

Third District

 

 

SHAWN NELSON

SUPERVISOR

Fourth 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 Do, First District, gave the invocation

 

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

 

I. PRESENTATIONS/INTRODUCTIONS

 

Chairwoman Bartlett presented a resolution to the Orange County Probation Department for it's 107th birthday

 

Moulton Niguel Water District provided a presentation regarding their water initiatives, projects and achievements

 

South Coast Water District provided a presentation on various water related items

 

Chairwoman Bartlett presented a resolution commending Mike Bennett, Agricultural Commissioner on his retirement

 

II. CONSENT CALENDAR (Items 1-13)

 

13245

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 7 AND 12 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Nelson - Orange County Veterans Advisory Council - Appoint Marty Burbank, Fullerton, to complete term ending 12/31/17

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

2.

Approve amendment 5 to agreement MA-060-13010014 renewing as MA-060-16011473 with Helistream, Inc. for flight instructor and flight training services, 8/1/16 - 7/31/17 ($125,000; cumulative total $614,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

3.

Approve amendment 2 to agreement MA-060-14011108 renewing as MA-060-16011633 with Siemens Industry, Inc. for preventive maintenance, certification and full parts coverage of energy management system/fume hoods, 4/23/16 - 4/22/17 ($35,000; cumulative total $102,176); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

4.

Approve agreement MA-060-16011651 with California Forensic Phlebotomy, Inc. for phlebotomy services related to blood alcohol testing, 4/18/16 - 4/17/19 ($675,000); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

5.

Approve Memorandum of Understanding with American Red Cross for emergency response coordination services; and authorize Sheriff-Coroner or designee to execute MOU - All Districts

 

JOHN WAYNE AIRPORT

 

6.

Reject all bids received 1/20/16, approve plans and specifications and re-advertise bid opening for 4/27/16, 2:00 p.m., for Lighting System Upgrades project; and authorize Director or designee to extend bid opening date up to 90 days if necessary - District 2

 

OC COMMUNITY RESOURCES

 

7.

Approve 2016-20 Area Plan for Planning & Service Area 22; approve and submit Transmittal Letter to State Department of Aging; and authorize Director or designee to execute and submit subsequent area plan updates and amendments to State Department of Aging - All Districts

41235

APPROVED AS RECOMMENDED

 

8.

Approve agreement MA-012-16011609 with Igi's Landscape Services, LLC for weed abatement and fuel modification services, 4/13/16 - 4/12/17 ($450,000); renewable for four additional one-year periods; authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act and other findings - All Districts

 

9.

Approve easement deed to Southern California Edison (SCE) Company to realign utility easement of record (existing easement) to actual location of existing SCE Company electrical conduit and approve partial quitclaim of easement deed from SCE Company to relinquish portion of existing easement outside current electrical conduit alignment, Peters Canyon Regional Park; and make California Environmental Quality Act and other findings - District 3

 

OC PUBLIC WORKS

 

10.

Approve aggregate agreements MA-080-16011711 with Digital Archive Technology, LLC ($143,400) and MA-080-16011708 with Matrix Imaging Products, Inc. ($334,600) for scanning, indexing and imaging services, 5/7/16 - 5/6/17; and authorize Purchasing Agent or authorized Deputy to execute agreements - All Districts

 

11.

Approve Final Tract Map 17593, Meritage Homes of California, Inc.; accept dedication of easements for emergency access, public utility and public service vehicle ingress and egress purposes; and approve subdivision improvement agreement S1601-192 and accept bonds guaranteeing construction - District 5

 

GENERAL ADMINISTRATION

 

12.

Clerk of the Board - Approve initial Conflict of Interest Code for the Western Orange County Self-Funded Workers' Compensation Agency - All Districts

42135

APPROVED AS RECOMMENDED

 

13.

Human Resource Services - Approve amended and restated Health Reimbursement Arrangement Plan Document, effective 6/1/16; approve amendment 1 to agreement with International City Management Association - Retirement Corporation for administration of Health Reimbursement Arrangement program; and authorize Chief Human Resources Officer or designee, as Plan Administrator, to execute amendment, to administer plan, negotiate and execute underlying agreements necessary for proper function and to make changes under certain conditions - All Districts

END OF CONSENT CALENDAR

 


III. DISCUSSION ITEMS (Items 14-S32E)

 

ELECTED DEPARTMENT HEADS

 

14.

Auditor-Controller - Approve amendment 1 to agreement MA-003-16010046 with CGI Technologies and Solutions Inc., for CAPS + Advantage Finance/Procurement and Human Resources/Payroll software system upgrade, term ending 8/31/17 ($87,500; new total $5,855,323); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

NO ACTION TAKEN

 

 

Sheriff-Coroner:

 

15.

Approve amendment 4 to agreement MA-060-12011980 renewing as MA-060-16011445 with Charles R. Eastman dba Newport Helicopter Service for helicopter mechanic services, 7/1/16 - 6/30/17 ($259,560; cumulative total $1,516,320); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

15234

APPROVED AS RECOMMENDED

 

16.

Approve amendment 2 to agreement MA-060-14011457 renewing as MA-060-16011444 with Susan Saxe-Clifford, Ph.D., for psychological evaluation services, 7/1/16 - 6/30/17 ($400,000; new total $1,200,000); renewable for two additional one-year periods; and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

31245

APPROVED AS RECOMMENDED

 

17.

Approve agreement PO-060-16011529 with Hangar One Avionics, Inc. for purchase of one law enforcement completion package for one AS350B3e Airbus Helicopter ($1,619,839.66); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

14235

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

18.

Approve master agreement MA-042-16011359 with Kalos, Inc. for Correctional Institution Pharmacy Software maintenance and support services, 5/1/16 - 4/30/21 ($250,000); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

14235

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

19.

Select JOA Group, Hill International Inc., Butier Engineering Inc., P2S Construction Management, Abacus Project Management, Inc. and Faithful+Gould, Inc. as primary and AECOM Technical Services Inc., Arcadis U.S., Inc. and MARRS Services, Inc. as alternate firms for program management services; authorize negotiation of agreements for Board approval; and make California Environmental Quality Act and other findings - District 2

24135

APPROVED AS RECOMMENDED

 

20.

Approve agreement MA-280-16011532 with Pacific Coast Elevator dba Amtech Elevator Services for elevator and escalator preventative maintenance and repair services, 6/1/16 - 5/31/19 ($1,777,500); renewable from 6/1/19 - 5/31/21 ($1,185,000); authorize Purchasing Agent or authorized Deputy to execute agreement and first renewal; and make California Environmental Quality Act and other findings - District 2

23145

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

21.

Approve amendment 1 to agreement MA-012-16010217 with West Coast Arborist, Inc. for tree maintenance services to reflect discounts offered by the contractor, approve restructured line items for tree pest services, effective upon Board approval ($750,000; new total $1,500,000 per year); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

35124

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

22.

Receive bids and award contracts to Exbon Development, Inc., MIK Construction, Inc., and Menco Pacific, Inc. for roofing services; Sea Pac Engineering, Inc., Nu Age Development, Inc. and Thomasville Construction, Inc. for heating, ventilation and air conditioning services; Wreck Age Demolition, Inc., National Demolition Contractors and Interior Demolition, Inc. for demolition services; and Exbon Development, Inc., Angeles Contractor, Inc. and Access Pacific, Inc. for electrical services, 4/12/16 - 4/11/17 ($4,475,000 each) - All Districts

42135

APPROVED AS RECOMMENDED

 

23.

Approve agreement MA-080-16011447 with Rancho Mission Viejo Community Development, LLC for distribution of Measure M2 funds for Cow Camp Road Segment 2 project design and engineering services, term ending 6/30/16 ($3,250,000) - District 5

53124

APPROVED AS RECOMMENDED

 

24.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreements MA-080-16011288 with CDM Smith, Inc. ($600,000), MA-080-16011291 with Pacific Advanced Civil Engineering Inc. ($600,000) and MA-080-16011614 with Tetra Tech Inc. ($400,000) for on-call watershed planning and engineering services; and approve agreement MA-080-16011438 with Brock Barrett Berstein for on-call environmental regulation services ($600,000), 4/12/16 - 3/11/18 - All Districts

15234

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

25.

Approve master agreement CJN0416-00 for group home services with qualified California licensed group home providers, 7/1/16 - 12/31/17 ($13,969,506 per year; maximum total $21,214,417); and authorize Director or designee to execute individual agreements - All Districts

24135

APPROVED AS RECOMMENDED

 

26.

Approve agreement CKS1618 with Children's Home Society of California for Team Decision Making Program child care services, 7/1/16 - 6/30/21 ($300,000) - All Districts

12345

APPROVED AS RECOMMENDED

 

27.

Acting as the Board of Supervisors and OC In-Home Supportive Services Public Authority - Approve interagency agreement AGD0515 with Orange County In-Home Supportive Services Public Authority for administration of In-Home Supportive Services, 7/1/16 - 6/30/17 - All Districts

25134

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

28.

Clerk of the Board - Children and Families Commission - Approve selection of one individual to the Health Category (annual alternating category); one individual to the Education Category; and one individual to the Health Category, for terms ending 3/31/18 - All Districts

24135

SELECTED AND APPOINTED MARIA MINON, MD TO HEALTH CATEGORY (ANNUAL ALTERNATING CATEGORY); SANDRA PIERCE TO EDUCATION CATEGORY; AND RICHARD MUNGO, DDS TO HEALTH CATEGORY

 

 

County Executive Office:

 

29.

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

15234

APPROVED AS RECOMMENDED

 

30.

Approve grant applications/awards submitted by OC Community Resources and Probation and retroactive grant applications/awards submitted by OC Community Resources in 4/12/16 grant report and other actions as recommended - All Districts

42135

APPROVED AS RECOMMENDED

 

31.

Acting as the Legislative Body of Community Facilities District No. 2016-1 (Village of Esencia) - Adopt resolution certifying election results for levy of special tax, bond indebtedness and issuance of bonds and authorizing filing of validation action ($115,000,000); 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. 2016-1 of the County of Orange (Village of Esencia) Authorizing Levy of Special Taxes"; and set second reading and adoption for 4/26/16, 9:30 a.m. - District 5

51234

APPROVED AS RECOMMENDED

 

RESO: 16-025

 

32.

Appoint Jeffrey R. Croy as Orange County Agricultural Commissioner and Orange County Sealer of Weights and Measures, four-year term effective 4/12/16; and make related findings All Districts

34125

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S32A.

Sheriff-Coroner - Authorize use of County bus to be driven by Sheriff-Coroner employee to transport 40 Villa Park High School students and five chaperones participating in the "Every 15 Minutes" program on April 14 and 15, 2016; and make related findings - District 3

34125

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S32B.

County Executive Office - Approve amended and restated agreement with South Orange County Community College District for exchange of real property; approve Ground lease with South Orange County Community College District for construction of new OC Animal Care Center; authorize Chief Real Estate Officer or designee to execute amended and restated agreement, ground lease and all necessary related documents; authorize Auditor-Controller upon notification from Chief Real Estate Officer or designee to issue checks as required; and make California Environmental Quality Act and other findings - All Districts

43125

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

S32C.

Award contract to Snyder Langston L.P. for design and construction of OC Animal Care Facility ($32,825,000); authorize Director or designee to execute contract and make necessary changes under certain conditions; authorize Auditor-Controller to make related payments; and make California Environmental Quality Act and other findings - All Districts

43125

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

S32D.

Approve agreement with various cities electing to contract for development of new Animal Shelter at former Marine Corps Air Station Tustin site, ($35,000,000); approve agreement with various cities electing to participate for OC Animal Care services, for a term of 10 years and replace all current animal care services agreements and approve services agreement for animal care services with contracted cities; authorize Director or designee to execute agreements by 4/30/16 or that notifying County prior to 4/30/16 that they have agendized recommending approval of such agreements by 5/31/16 and whose city council approves by that date and issue notice of termination to those cities currently under contract who are not electing to participate in the new 10-year agreement; and make California Environmental Quality Act and other findings - All Districts

43125

APPROVED AS RECOMMENDED; DIRECTED STAFF TO PRESERVE CURRENT SHELTER PROPERTY TO POSSIBLY BE UTILIZED IN THE FUTURE FOR ANIMAL CARE RELATED ACTIVITIES OR FOR USE BY NONPROFITS

 

OC WASTE & RECYCLING

 

S32E.

Approve amendment 1 to cooperative agreement with City of Irvine for Frank R. Bowerman Landfill; authorize Director or designee to execute amendment; and make California Environmental Quality Act and other findings - District 3

35124

APPROVED AS RECOMMENDED

 

IV. PUBLIC HEARINGS (Items 33-34)

 

OC COMMUNITY RESOURCES

 

33.

Acting as the Orange County Housing Authority - Public Hearing to consider approving Orange County Housing Authority (OCHA) Annual Public Housing Agency Plan for FY 2016-17; and authorize Director of OCHA or designee to execute related documents and to submit plan to U.S. Department of Housing and Urban Development - All Districts

B.O.

CLOSED PUBLIC HEARING

 

24135

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

34.

Public Hearing to consider adopting resolution approving 2016 Weed Abatement Program and direct OC Public Works to report back to the Board on 8/9/16 with itemized cost reports; and make California Environmental Quality Act and other findings - All Districts

B.O.

CLOSED PUBLIC HEARING

 

12345

APPROVED AS RECOMMENDED

 

RESO: 16-026

 

V. CLOSED SESSION (Items CS-1-SCS5)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case: Association of Orange County Deputy Sheriffs, et al. v. Sheriff-Coroner Sandra Hutchens, etc., et al., Orange County Superior Court Case No. 30-2016-00835821-CU-WM-CJC

B.O.

HELD, NO REPORTABLE ACTION

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(D)(1):
Name of Case: Voice of Orange County.Org v. County of Orange, Orange County Superior Court Case Number 30-2016-00841766-CU-WM-CJC

B.O.

HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED COUNTY COUNSEL TO DEFEND THE ACTION INITIATED BY THE VOICE OF ORANGE COUNTY.ORG AGAINST THE COUNTY OF ORANGE.

 

SCS3.

Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator: Robert O'Brien
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, 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

 

SCS4.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government Code Section 54956.9(d)(4):
Number of Cases: One Case

B.O.

HELD, NO REPORTABLE ACTION

 

SCS5.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location: 1000 Kraemer Place, Anaheim, CA
County Negotiator: Scott D. Mayer, Chief Real Estate Officer
Negotiating Party: Future Lessee/Operator of Property
Under Negotiation: Terms and Value of Future Lease

B.O.

HELD, NO REPORTABLE ACTION

 

VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Ilya Tseglin - Oral Re: Nate Tseglin and conservatorship, oversight of public offices by the Board of Supervisors, financial fraud, corruption and illegal scam of OC Regional Center, Probate court and judges

 

Robert Tseglin - Oral Re: Nate Tseglin, confinement of Nate Tseglin at group home against his will, OC Regional Center, Public Defender, Social Services Agency, Adult Protective Services, financial fraud

 

Cynthia Brown - Oral Re: Property title changed to the Bank of New York Mellon, notary fraud in Texas against California properties, reporting real estate fraud and financial crimes and loss of homes, access to police reports to prosecute predators stealing homes

 

Kelly Rowe - Oral Re: Certified Hydrogeologist and independent consultant, initial technical research study for the development of Sespe Aquifer for multi-depth monitoring wells and water productions wells throughout the SA Groundwater Production Area

 

Michael Klubnikin - Oral Re: Real estate fraud and illegal sale of home, removal of Internal Audit, courts, bankruptcy, Public Defender, County Counsel

 

Andrea - Oral Re: Met with Vice Chair Steel to discuss her concerns with homeless population and public safety when conducting business in the Civic Center, interaction with and lack of response from County employees, and jurisdiction of property in the Civic Center

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Supervisor Spitzer - Oral Re: Directed CEO to focus and expedite human wellness and health center for employees; and requested to receive progress report on YMCA building

 

Chairwoman Bartlett - Oral Re: On behalf of the Mental Health AdHOC Committee, directed HCA to release a solicitation of interest for additional crisis stabilization units in North, Central and South Counties to serve regional populations; working closely with Senator Moorlach regarding SB 1273 to release MHSA funds for services

 

Supervisor Do - Oral Re: On behalf of the Mental Health AdHOC Committee, encouraged the CEO to solicit interest and directed HCA to develop a plan to have additional crisis stabilization units to include a requirement that the involuntary crisis stabilization unit be developed in partnership with local hospitals for medical and psychiatric services

 

ADJOURNED: 1:45 P.M.

35124

Adjourned in memory of Esmael Adibi

 

51234

Adjourned in memory of James Estep and Jeanette Brone

 

 

*** 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)

 

 

Chairwoman, Orange County Board of Supervisors

 

 

 

 

Orange County Clerk of the Board