REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, September 9, 2014,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

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

Santa Ana, California              

 

 

SHAWN NELSON                           

CHAIRMAN                               

Fourth District

 

 

PATRICIA BATES                         

VICE CHAIRMAN                          

Fifth District

 

 

JANET NGUYEN                           

SUPERVISOR                             

First District

 

 

 

JOHN M.W. MOORLACH                     

SUPERVISOR                             

Second District

 

 

TODD SPITZER                           

SUPERVISOR                             

Third District

 

ATTENDANCE:  Supervisors:  Nguyen, Moorlach, Nelson & Bates

 

EXCUSED:         Supervisor Spitzer                                                             

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Michael B. Giancola

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Susan Novak

 

INVOCATION:  Supervisor Nguyen, First District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Vice Chair Bates, Fifth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-14)

 

14235
   X

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 13 WHICH WAS CONTINUED TO 9/16/14, 9:30 A.M.; AND ITEM 14 WHICH WAS DELETED; AND ITEMS 1 & 4 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Moorlach - Acting as the In-Home Supportive Services Public Authority - In-Home Supportive Services (IHSS) Advisory Committee - Appoint Sharon Matson, Costa Mesa, for term ending 9/8/18

25134
   X

APPROVED AS RECOMMENDED

 

2.

Vice Chair Bates - Orange County Veterans Advisory Council - Appoint Col. Joseph D. Snyder, Capistrano Beach, for term ending 3/27/16

 

 

Chairman Nelson:

 

3.

Orange County Veterans Advisory Council - Reappoint Lee Dorman, Fountain Valley, for term ending 3/27/16

 

4.

Acting as the In-Home Supportive Services Public Authority - In-Home Supportive Services (IHSS) Advisory Committee - Appoint Suzanne Butler, Anaheim, to complete term ending 12/31/14

24135
   X

APPROVED AS RECOMMENDED

 

DEPARTMENT APPOINTMENTS

 

5.

Social Services Agency - Orange County Child Care and Development Planning Council - Appoint Katherine Bono, La Mirada; and reappoint Melinda Konoske, Orange; Fredrika Gragg, Trabuco Canyon; Darcie Kass, Laguna Hills; Karen Littlefield, Orange; Krista Murphy, Costa Mesa; Anne Broussard, Costa Mesa; Constance Marine White, Glendora; Kathleen McFarlin, Lakewood; and Marcia Rudolph, Lake Forest, for terms ending 8/5/16 - All Districts

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

6.

Adopt resolution authorizing standard agreement with taxing agencies for levying of special assessments on County parcels to charge and collect fees to recover costs, corrections and cancellations of special assessments on property tax roll; and authorize Auditor-Controller or designee to execute agreement - All Districts

 

RESO: 14-077

 

7.

Adopt resolution and attachment 1 to resolution approving property tax rates, deliquency/roll change/refund factors and reserve of disputed values for FY 2014-15 - All Districts

 

RESO: 14-078

 

8.

Sheriff-Coroner - Approve agreement MA-060-1510053 with Future Concepts Internet Solutions, Inc. for service, subscription, maintenance and support of Antaresx software and equipment for mobile command vehicle, one-year term ($80,603); renewable for four additional years; and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

CHILD SUPPORT SERVICES

 

9.

Approve amendment 1 to agreement MA-027-13011727 with Superior Court of California for Family Law Facilitator services, 9/17/14 - 6/30/15 ($145,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

OC COMMUNITY RESOURCES

 

10.

Approve agreement CPO 14-001 with Huitt-Zollars, Inc. for on-call architect/engineer civil engineering services to implement capital improvement, repair, and maintenance projects, three year term ($400,000); and make California Environmental Quality Act findings - All Districts

 

OC WASTE & RECYCLING

 

11.

Approve amendment to conservation easement PM126-50 with the Reserve at Rancho Mission Viejo to add 12.2 acre area for habitat mitigation Prima Deshecha Landfill; and find that Final Environmental Impact Report 584 previously certified by the Board on October 24, 2006 satisfies requirements of California Environmental Quality Act - District 5

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

12.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Huntington Beach City School District - District 2

 

13.

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

14235
   X

CONTINUED TO 9/16/14, 9:30 A.M.

 

14.

Human Resource Services - Approve establishment of new job classification series for Board Office and Elected Official Staff series specification, effective 8/22/14; and amend Master Position Control - All Districts (Continued from 8/12/14, Item 6)

14235
   X

DELETED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 15-S37A)

 

ELECTED DEPARTMENT HEADS

 

 

Assessor Department:

 

15.

Adopt resolution authorizing Assessor to submit application to participate in the State-County Assessor Partnership Agreement Program - All Districts

54123
  NNX

MOTION TO APPROVE RECOMMENDED ACTIONS FAILED TO CARRY

 

16.

Approve increase in appropriation ($300,000) in object 4040 offset by a decrease ($300,000) in object 2000 from Assessor's 2014-15 budget; direct Auditor Controller to make related budget adjustments and label the Fixed Asset Account of the General Ledger as request for switches, servers and equipment for ATS II - All Districts (4/5 vote of members present)

21354
  X 

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

17.

Ratify and approve amendment 5 to agreement Z1000000068 with Rancho Santiago Community College District for law enforcement training consultant services, 8/22/14 - 12/31/14 ($10,849); and authorize Sheriff-Coroner or designee to execute amendment - All Districts

52134
   X

APPROVED AS RECOMMENDED

 

18.

Ratify and approve agreement MA-060-14012153 with Intratek Computer, Inc. for information technology professional services and printer repair services, 7/1/14 - 6/30/15 ($301,950) renewable for four additional years; and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

21354
  X 

APPROVED AS RECOMMENDED

 

19.

Ratify and accept grant funding from the City of Los Angeles for Securing the Cities Program Grant Services, 1/1/13 - 7/14/15 ($360,500); and authorize Sheriff-Coroner or designee to execute Subrecipient Agreement and related documents and accept program related equipment; and execute future renewals under certain conditions through 9/14/17 - All Districts

12354
  X  

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

20.

Approve master agreement with various providers of professional medical, dental, behavioral health and other support services ($6,361,806), 9/29/14 - 9/28/15; approve regular institutional or specialty care physician pay rate of $78.80, 9/29/13 - 9/28/14; and authorize Director or designee to execute individual agreements - All Districts

25134
   X

APPROVED AS RECOMMENDED

 

21.

Approve amendment 2 to agreements with AIDS Services Foundation Orange County for HIV services , 3/1/14 - 2/28/15 ($385,314; new total $2,102,423) and HIV Housing services, 7/1/14 - 6/30/15 ($25,786; new total $487,430); and authorize Director or designee to execute amendments and to exercise contingency cost increase of 10% under certain conditions - All Districts

25134
   X

APPROVED AS RECOMMENDED

 

22.

Ratify agreement with WMC-A, Inc., dba Western Medical Center-Anaheim for Hospital Services for Correctional Health Services Programs, 7/1/13 - 6/30/14 ($6,380,000) - All Districts

24135
   X

APPROVED AS RECOMMENDED

 

23.

Approve agreement 14-90336 with State Department of Health Care Services for Mental Health services retroactive to 7/1/14 for the period of 7/1/14 - 6/30/15; and authorize Director or designee to execute agreement - All Districts

25134
   X

APPROVED AS RECOMMENDED

 

24.

Approve CalRecycle Enforcement Assistance Grant agreement EA 25-14-0026 for maintaining certification as the designated local enforcement agency for Orange County, retroactive to 7/1/14 for the period of 7/1/14 - 10/28/15 ($45,729); and authorize Director or designee to execute agreement and any subsequent non-monetary amendments - All Districts

52134
   X

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

25.

Approve agreement with LAZ Parking California, LLC for valet parking for three years; renewable for two additional one-year periods; authorize Director to terminate existing agreement with Parking Concepts, Inc.; and make California Environmental Quality Act findings - District 2 (Continued from 8/12/14, Item 7)

B.O.

CONTINUED TO 9/16/14, 9:30 A.M.

 

OC PUBLIC WORKS

 

26.

Receive and file OC Public Works Holiday Lights After Action Report for compliance of holiday lighting over County roadways rights-of-way; increase appropriations to offset Net County Cost ($101,500); and make California Environmental Quality Act findings - All Districts (RA 4 4/5 vote of members present) (Continued from 8/12/14, Item 9)

5   

MOTION TO APPROVE STAFF RECOMMENDATIONS FAILED TO GET A SECOND

 

27.

Approve amendment 4 to agreement MA-080-12010056 with Tyco dba SimplexGrinnell LP for fire alarm system maintenance and repair services, 12/1/14 - 11/30/15 ($211,911); and make California Environmental Quality Act findings - Districts 1, 2, 3 and 5

25134
   X

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

28.

Approve agreement MA-299-15010157 with Geosyntec Consultants, Inc., and Tetra Tech BAS, Inc. for multi-discipline engineering support services, North Region Landfills, 9/9/14 - 9/8/17 ($1,500,000); and make California Environmental Quality Act findings - Districts 3 and 4

42135
   X

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

29.

Probation - Approve lease GA 1214-45 with Dorothy R. Henry, Trustee of The Burns Henry Jr. Residuary Trust, and Burns Henry III, Trustee of The Burns Henry III Revocable Trust, and Dorothy R. Henry, Trustee of The Dorothy R. Henry Revocable Trust, and Burns Henry III and Elizabeth Stinson Henry, husband and wife as joint tenants for Probation Department's South County Field Service office space at 26030 Acero, Mission Viejo, ten-year lease ($1,444,164); and make California Environmental Quality Act findings - District 5 (Continued from 8/19/14, Item 30)

B.O.

DELETED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

30.

Approve agreement 14-001AR with BLX Group, LLC for arbitrage rebate consultant services for County’s financing reporting requirements, effective upon approval through 7/31/19; and authorize Public Finance Manager to execute agreement - All Districts (Continued from 7/22/14, Item 32; 8/5/14, Item 22)

24135
   X

APPROVED AS RECOMMENDED

 

31.

Approve 15-year lease agreement CEO/ALS/SSA-13-047 with IX CW 500 Orange Tower, LP for relocation of SSA Administration Headquarters, Orange; and make California Environmental Quality Act findings - District 3 (Continued from 7/15/14, Item 30; 8/5/14, Item 21; 8/12/14, Item 17; 8/19/14, Item 38)

B.O.

CONTINUED TO 9/16/14, 9:30 A.M.

 

32.

Exercise option to renew current agreement and approve amendment 6 to agreement with James F. McConnell, Jr. for Washington, D.C. federal advocacy services, 1/1/15 - 12/31/16 ($252,150 per year); authorize payment of $40,000 annually for specialized consultant work and authorized expenses; and make California Environmental Quality Act findings - All Districts

14235
   X

APPROVED AS RECOMMENDED

 

33.

Approve proposed response to FY 2013-14 Grand Jury Report "Dana Point Harbor Revitalization - 15 Years of Planning: What Has Been Learned?" - All Districts

B.O.

CONTINUED TO 9/16/14, 9:30 A.M.

 

34.

Select and approve agreement MA-017-15010253 with Platinum Advisors, LLC for State Legislative Advocacy services, 10/1/14 - 9/30/16 ($276,000 annually), with option to renew for three additional one-year periods; authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - All Districts

25134
   X

APPROVED AS RECOMMENDED

 

35.

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

25134
   X

RECEIVED AND FILED

 

36.

Approve grant applications/awards submitted by Probation in 9/9/14 grant report and other actions as recommended - All Districts

B.O.

DELETED

 

37.

Human Resource Services - Approve agreement with Catamaran LLC for administration of the prescription drug card benefit and mail order program, 1/1/15 - 12/31/17; renewable for two additional one-year periods; and authorize Chief Human Resources Officer or designee to execute agreement - All Districts

52134
   X

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S37A.

Sheriff-Coroner - Approve 3 modifications to P00013, P00011 and P00015 to five year agreement  DROIGSA-10-0001 with U.S. Immigration and Customs Enforcement (ICE) to close out tasks and de-obligate unused Federal funds; and authorize Sheriff-Coroner or designee to execute modifications - All Districts

B.O.

CONTINUED TO 9/16/14, 9:30 A.M.

 

IV.  PUBLIC HEARINGS (Item 38)

 

HEALTH CARE AGENCY

 

38.

Public Hearing to consider selecting one of two alternative fee proposals and adopt resolution updating Environmental Health Division Fee Schedule, effective 7/1/15, 7/1/16 and 7/1/17; superseding and rescinding Resolution 13-050, effective 7/1/15; and make California Environmental Quality Act and other findings - All Districts

B.O.

CONTINUED TO 9/30/14, 9:30 A.M.

 

V.   CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Elizabeth Balicki v. County of Orange, Worker's Compensation Appeal Board Case No.  ADJ2442995

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, WITH SUPERVISOR SPITZER BEING ABSENT, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ELIZABETH BALICKI 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.

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Tim Shaw v. County of Orange, Worker's Compensation Appeal Board Case No. ADJ7858866

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

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

 

SCS4.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  500 N. State College Blvd., Orange, CA 92868
County Negotiator:  Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:  IX CW 500 Orange Tower, LP
Under Negotiation:  Terms and Value of Leases

B.O.

CONTINUED TO 9/16/14, 9:30 A.M.

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re:  actions of various departments re:  Tseglin family, handling of senior's estate

 

Ilya Tseglin and Robert Tseglin - Oral Re:  Nate Tseglin and Regional Center

 

Alma Muller, Len Tuong Rose Nguyen, Thao Hoang and Dante Harrison - Oral Re:  low wages of In-Home Supportive Services Workers

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisor Nguyen - Oral Re:  congratulations to departments receiving CSAC Awards and especially to OC Parks, Flood & Planning departments for Haster Basin Recreational Park.

 

Vice Chair Bates - Oral Re:  direction for staff to continue working on plan to provide career opportunities between Board Offices and departments and establishing defined salary ranges for executive aides.

 

Supervisor Moorlach - Oral Re:  Admissions Day, Community Corrections Partnership appointment, CSAC Conference and West Nile Virus

 

ADJOURNED:  11:40 A.M.

24135
   X

Adjourned in memory of Marian Hope Thompson Isaacs

 

24135
   X

Adjourned in memory of Robert John Eichenberg

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Nguyen

A.  =   Abstained

2. = Supervisor Moorlach

X.  =   Excused

3. = Supervisor Spitzer

N.  =   No

4. = Supervisor Nelson

BO =   Board Order

5. = Supervisor Bates

 

 

 

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