REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, June 5, 2018,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

ANDREW DO

CHAIRMAN

First District

 

 

SHAWN NELSON                           

VICE CHAIRMAN                          

Fourth District

 

 

MICHELLE STEEL

SUPERVISOR

Second District

 

 

 

TODD SPITZER                           

SUPERVISOR                             

Third 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 Nelson, Fourth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairman Do presented a resolution proclaiming June 15, 2018 As "World Elder Abuse Awareness Day"

 

Supervisor Steel presented a resolution proclaiming May 26th as "John Wayne Day"

 

II.   CONSENT CALENDAR (Items 1-10)

 

42351

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 1 WHICH WAS CONTINUED TO 6/26/18, 9:30 A.M.; AND ITEM 2 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Supervisor Spitzer:

 

1.

North Tustin Advisory Committee - Reappoint Sara Friedman-Gerrick and Lance Jensen, Santa Ana, for terms ending 3/31/21

42351

CONTINUED TO 6/26/18, 9:30 A.M.

 

2.

Acting as the Orange County In-Home Supportive Services Public Authority - Orange County In-Home Supportive Services (IHSS) Advisory Committee - Reappoint Shawn R. Stewart, Orange, for term ending 6/4/22

32451

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

3.

Sheriff-Coroner - Ratify agreement and related documents with County of San Diego and participating public entities for 2017 Operation Stonegarden Grant, 9/1/17 - 5/31/20; retroactively accept 2017 grant award funds from California Office of Emergency Services ($170,000); and authorize Sheriff-Coroner to execute agreement and related documents - All Districts

 

HEALTH CARE AGENCY

 

4.

Approve master agreement with various providers of designated emergency services, 7/1/18 - 6/30/23; and authorize Director or designee to execute individual agreements - All Districts (Continued from 5/8/18, Item 5)

 

OC PUBLIC WORKS

 

5.

Acting as the Orange County Flood Control District - Approve and accept Easement Deed from Irvine Community Development Company, LLC to Orange County Flood Control District for realigned access road to Round Canyon Retarding Basin, Irvine; adopt resolution vacating ingress and egress easements that are no longer necessary and making related findings; authorize Director or designee to execute related Quitclaim Deed; and make California Environmental Quality Act and other findings - District 3

 

RESO: 18-049

 

SOCIAL SERVICES AGENCY

 

6.

Approve Memorandum of Understanding MJC0417 with Children and Families Commission of Orange County for funding of Medical Director position to serve as an advisor and expert in child abuse and neglect, 7/1/18 - 6/30/20 ($100,000) - All Districts

 

7.

Approve renewal of agreement 08-6060 with California Department of Social Services for reimbursement of interim assistance payments of supplemental security income for the aged, blind, and disabled, 7/1/18 - 6/30/23 - All Districts

 

8.

Approve agreement AJP0318 with The Regents of the University of California for elder and dependent adult abuse consultation services, 7/1/18 - 6/30/21 ($571,126) - District 3

 

GENERAL ADMINISTRATION

 

9.

Clerk of the Board - Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Orange County Sanitation District - All Districts

 

10.

County Executive Office - Receive and file Quarterly Information Technology Project Progress Detail Report for Third Quarter FY 2017-18 - All Districts

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 11-S29C)

 

ELECTED DEPARTMENT HEADS

 

11.

Assessor Department - Approve sole source contract MA-002-18011852 with Brainsharp, Inc. for training services to transition from contractor to County staff for maintenance and support for Assessment Tax System (ATS), 7/1/18 - 6/30/19 ($826,800); and authorize Assessor or designee to execute contract - All Districts

53241

APPROVED AS RECOMMENDED

 

12.

Clerk-Recorder - Approve contract CT-059-18010655 with BMI Imaging Systems, Inc. for microfilm conversion of 1961 through 1981 official records into Digital Reel format, effective upon Board approval for one-year term ($322,326.58); and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

52341

APPROVED AS RECOMMENDED

 

 

Treasurer-Tax Collector:

 

13.

Approve amendment 6 to extend agreement MA-074-13010137 with Wells Fargo Merchant Services, L.L.C. and Wells Fargo Bank N.A. for electronic payment acceptance and processing services for non-convenience fee credit and debit cards and eCheck transactions, 8/14/18 - 8/13/19 ($2,300,000; cumulative total $11.1 million); approve amendment 7 to extend agreement MA-074-13010138 with Wells Fargo Bank, N.A. for internet payment gateway services, 8/14/18 - 8/13/19 ($10,000; cumulative total $80,000); and authorize County Procurement Officer or authorized Deputy to execute amendments - All Districts

52341
  N 

APPROVED AS RECOMMENDED

 

14.

Approve amendment 6 to renew agreement MA-074-12012200 with Official Payments Corporation for electronic payment processing services for property tax bills and other invoices, 8/1/18 - 4/30/19 ($100,000; cumulative total $720,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

24351

APPROVED AS RECOMMENDED

 

15.

Approve amendment 1 to extend agreement with Dunbar Armored, Inc. for armored car services, 8/1/18 - 7/31/20 ($420,000; cumulative total $1,100,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

54231

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

16.

Approve master agreement with various providers for wraparound behavioral health outpatient services, 7/1/18 - 6/30/21 ($5,500,000); and authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute individual agreements - All Districts

54231

APPROVED AS RECOMMENDED

 

17.

Approve selection of and agreement with Orange County Department of Education for school-based violence prevention education services, 7/1/18 - 6/30/21 ($4,059,816); authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and to execute agreement - All Districts (Continued from 5/8/18, Item 29; 5/22/18, Item 33)

35241

APPROVED AS RECOMMENDED

 

18.

Approve selection of and agreement with Orange County Association for Mental Health dba Mental Health Association of Orange County for Multi-Service Center services for homeless mentally ill adults, 7/1/18 - 6/30/21 ($6,625,059); authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and to execute agreement - District 1 (Continued from 5/22/18, Item 28)

12345
   X

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

19.

Approve contract MA-080-18011702 with Golden State Constructors for Portland Cement Concrete maintenance and repair services, three-year term commencing 6/17/18 ($1,200,000); 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

25341
   X

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

20.

Public Defender - Approve amendment 1 to contract MA-017-16010292 with Journal Technologies, Inc. for Legal Case Management Software System, 3/22/16 - 7/21/21 ($100,000; new total $2,150,000); authorize Public Defender or designee to exercise cost contingency increase not to exceed 10% under certain conditions; and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

31245
   X

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

21.

Approve agreements WCB0318 with New Alternatives, Inc., WCB0418 with Olive Crest, WCB0518 with Seneca Family of Agencies and WCB0618 with South Coast Children's Society, Inc., dba South Coast Community Services, for Wraparound Orange County direct services, 7/1/18 - 6/30/21 ($9,750,000 each); renewable for two additional one-year terms; approve agreement WCB0218 with Family Support Network for Wraparound Orange County direct services, 7/1/18 - 6/30/21 ($525,000); renewable for two additional one-year terms; approve master agreement WCE0718-00 with qualified providers for Wraparound Orange County Provider Network Program services, 7/1/18 - 6/30/21 ($1,200,000); renewable for two additional one-year terms; and authorize Director or designee to execute individual agreements - All Districts

34251

APPROVED AS RECOMMENDED

 

22.

Approve agreement AMR0618 with Public Consulting Group, Inc. for Social Security Administration client advocacy services, 7/1/18 - 6/30/21 ($750,000); approve license agreement CEO-RFLS/SSA-018-059 with Public Consulting Group, Inc. for client advocacy services at 1928 South Grand, Santa Ana, 7/1/18 - 6/30/21; approve amendment 1 to extend license agreement GA1213-218-I with Public Consulting Group, Inc. for client advocacy services at 2020 West Walnut, Santa Ana, 7/1/18 - 6/30/21; authorize Chief Real Estate Officer or designee to execute subsequent license amendments under certain conditions; and make California Environmental Quality Act and other findings - District 1

13245
   X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

23.

Approve amendment 15 to contract MA-017-16010665 with Level 3 Communications, LLC for wide area network services to extend term for one year, 6/14/18 - 6/13/19 ($2,039,664; cumulative total $6,833,291.71); authorize County Procurement Officer or authorized Deputy to exercise cost contingency increase not to exceed 10% under certain conditions and execute amendment - All Districts

35241
   X

APPROVED AS RECOMMENDED

 

24.

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

23451
  X 

APPROVED AS RECOMMENDED

 

25.

Approve amendment 12 to master services agreement MA-017-13011864 with Science Applications International Corporation for data center operations, service desk, desktop support and applications services, extending term 2/2/19 - 2/2/20, and to incorporate administrative changes to Scopes of Work ($13,412,580; cumulative total $126,118,625); and authorize Chief Information Officer or designee to execute amendment - All Districts

25341
   X

APPROVED AS RECOMMENDED

 

26.

Approve selection of Wells Fargo Bank, National Association to provide financing for County's Teeter Plan; adopt resolution authorizing issuance of additional County of Orange Teeter Plan Obligations, and authorizing the execution and delivery of amendments and restated Fifth Supplemental Trust Agreement, Note Purchase and Reimbursement Agreement, second amended and restated Fee and Interest Rate Agreement and other documents as necessary; and making related findings - All Districts

52341
  NX

APPROVED AS RECOMMENDED

 

RESO: 18-050

 

27.

Approve grant applications/awards submitted by OC Community Resources and Health Care Agency in 6/5/18 grant report and other actions as recommended; adopt resolution authorizing HCA Director or designee to submit and execute applications, related documents and amendments to State Department of Resources Recycling and Recovery (CalRecycle) for Used Oil Payment Program OPP9 Cycle - All Districts

25341
   X

APPROVED AS RECOMMENDED

 

RESO: 18-051

 

28.

Approve 2018 Contract Policy Manual, effective 7/1/18 - All Districts

B.O.

CONTINUED TO 6/26/18, 9:30 A.M.

 

29.

Adopt resolution to certify Final Environmental Impact Report No. 621, adopt Statement of Facts, Findings and Statement of Overriding Considerations, adopt Mitigation Monitoring and Reporting Program, and approve the West Alton Parcel Development Plan; and authorize Chief Real Estate Officer or designee to take related actions and give necessary approvals to implement the West Alton Parcel Development Plan, and execute documents necessary for development of the West Alton Parcel consistent with the Development Plan - District 3

21345
  NX

APPROVED AS RECOMMENDED

 

RESO: 18-052

 

JOHN WAYNE AIRPORT

 

S29A.

Approve Commuter Airline Operating License with Delux Public Charter, LLC dba JetSuiteX Air for regularly scheduled air service from fixed base operator ACI Jet, effective 7/1/18; and consider application of prior Final Environmental Impact Report No. 617 and other findings - District 2

25341

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S29B.

Chairman Do - Countywide Oversight Board - Appoint Chris Gaarder, Fullerton and Steve Franks, Brea, for indefinite terms

12345
   X

APPROVED AS RECOMMENDED

 

S29C.

Chairman Do and Supervisor Steel - Adopt resolution opposing establishment of Orange County Needle Exchange Program and health and safety risks that it poses to County of Orange; and direct Clerk of the Board to submit resolution to California Department of Public Health

12345
   X

APPROVED AS RECOMMENDED

 

RESO: 18-053

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS6)

 

GENERAL ADMINISTRATION

 

CS-1.

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, In-Home Supportive Services (IHSS), 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

 

SCS2.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Orange County Catholic Worker, et al. v. County of Orange, et al., United States District Court Case No. 8:18-cv-00155-DOC-JDE. David Ramirez, et al. v. County of Orange, United States District Court Case No. 8:18-cv-0220-DOC-JDE

B.O.

HELD, NO REPORTABLE ACTION

 

SCS3.

Human Resource Services - PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
Pursuant to Government Code Section 54957(b):
Title:  Clerk of the Board

B.O.

DELETED

 

SCS4.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Pursuant to Government Code Section 54956.8:
Property Location:    265 S. Anita Drive, Orange CA
County Negotiator:   Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:     Mind OC
Under Negotiation:   Terms and Value of Future Lease

B.O.

HELD, NO REPORTABLE ACTION

 

 

County Counsel:

 

SCS5.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to
Government Code Section 54956.9(d)(1):
Name of Case:  Department of Fair Employment and Housing (DFEH), et al. v. Orange County Sheriff's Department, Orange County Superior Court Case No. 30-2017-00909186-CU-CR-CJC

B.O.

HELD, NO REPORTABLE ACTION

 

SCS6.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to
Government Code Section 54956.9(d)(1):
Name of Case:  Patrick Fergus v. County of Orange, Workers' Compensation Appeals Board Case No. ADJ10573326

B.O.

COUNTY COUNSEL READ:  THE BOARD ON A VOTE OF 4-0, WITH CHAIRMAN DO, SUPERVISOR STEEL, SUPERVISOR SPITZER, AND SUPERVISOR BARTLETT VOTING IN FAVOR, AND SUPERVISOR NELSON ABSENT, APPROVED A PROPOSED SETTLEMENT AGREEMENT IN THE MATTER OF PATRICK FERGUS V. COUNTY OF ORANGE, WORKERS' COMPENSATION APPEALS BOARD, CASE ADJ10573326. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS.  AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, COPIES OF THE FINALIZED SETTLEMENT AGREEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Brigitte - Oral re:  Investigation of jail informants, Public Defender, hiring of a policy advisor for a County commission, senior estates looted, committing fraud in court and statute of limitations

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Supervisor Bartlett - Oral re:  Thanked Laguna Beach Fire Department, Laguna Beach Police Department, Orange County Fire Authority and Orange County Sheriff's Department for their response during the Aliso fires

 

ADJOURNED:  1:01 P.M.

 

 

***  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