REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, September 16, 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:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Michael B. Giancola

 

SR. DEPUTY COUNTY COUNSEL

 

Leon Page

 

CLERK OF THE BOARD

 

Susan Novak

 

INVOCATION:  Supervisor Moorlach, Second District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Nguyen, First District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-25)

 

25134

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 3 & 14 WHICH WERE DELETED; ITEM 5 WHICH WAS CONTINUED TO 10/7/14, 9:30 A.M.; ITEM 19 WHICH WAS CONTINUED TO 9/30/14, 9:30 A.M.; AND ITEM 25 WHICH WAS PULLED  FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Supervisor Moorlach:

 

1.

Oversight Board of the Successor Agencies to the City Redevelopment Agencies, Stanton and Buena Park - Appoint Kathy Moran to Stanton and Lindsey Brennan to Buena Park

 

2.

Airport Land Use Commission - Appoint Jeff Mathews, Costa Mesa, to complete term ending 5/7/18

 

3.

Supervisor Nguyen - Assessment Appeals Board No. 4 - Reappoint Clarence F. Alvey, Jr., Fountain Valley, for term ending 9/3/17 (Continued from 7/22/14, Item 2; 8/19/14, Item 4)

25134

DELETED

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

4.

Receive and file Annual Reports of Cash Difference Funds, Overage Fund and Cash Losses for FY 2013-14 - All Districts

 

5.

Authorize Auditor-Controller to delete damaged, dismantled, missing, obsolete, stolen and surplused equipment items from department capital asset inventories - All Districts

25134

CONTINUED TO 10/7/14, 9:30 A.M.

 

6.

Receive and file Report of Refunds for FY 2013-14 - All Districts

 

7.

Receive and file Semi-Annual Fund/Budget Control Report for 1/1/14 - 6/30/14 - All Districts

 

8.

Receive and file Annual Report of Revolving Funds for FY 2013-14 - All Districts

 

 

Sheriff-Coroner:

 

9.

Approve amendment 3 to agreement MA-060-13010460 with Intoximeters Incorporated for Alco-Sensor Instruments parts and accessories, 10/22/14 - 10/21/15 ($7,000; new total $77,000); renewable for two additional one-year periods; and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

10.

Approve amendment 3 to renew agreement MA-060-12010047 with Premier Computing, Inc. for a one-time software upgrade, 9/26/14 - 9/25/15 ($111,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

11.

Approve agreement PO-060-14012730 with Hangar One Avionics, Inc. for purchase of one Trakka Search Beam A800 ($99,739); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

OC COMMUNITY RESOURCES

 

12.

Approve assignment, assumption, consent to assignment of concession agreement for David L. Baker Memorial Golf Course from CLP Leasehold Golf, LLC to CF David L. Baker Arcis LLC for continuing golf course operations, Mile Square Regional Park; authorize Director or designee to execute assignment document under certain conditions; and make California Environmental Quality Act findings - District 1

 

13.

Accept donation of $20,439.04 from Friends of the Library to offset costs of new flooring and interior paint, Fountain Valley Branch Library - District 2

 

14.

Approve agreement CT-012-15010188 with OC Music Awards for promotion and marketing services for concert at Mile Square Regional Park, during October 2014 ($25,000); and authorize Purchasing Agent or authorized Deputy to execute agreement - District 1

25134

DELETED

 

15.

Acting as the Successor Agency to the Orange County Development Agency - Adopt Recognized Obligation Payment Schedule (ROPS), 1/1/15 - 6/30/15; authorize staff to submit ROPS to State Department of Finance and the State Controller's Office; direct staff to notify Board of any changes made to ROPS by County Auditor-Controller, County's Oversight Board, State Department of Finance, and/or State Controller's Office; and make California Environmental Quality Act findings - All Districts

 

OC PUBLIC WORKS

 

16.

Approve agreement D14-045 with HR Green California, Inc. for on-call building inspection support services, three-year term ($200,000); and make California Environmental Quality Act findings - All Districts

 

17.

Approve amendment 1 to agreement D14-006 with Garden Grove Sanitary District to incorporate the "Buy America" clause in compliance with Federal grant guidelines for Gilbert Street improvements project (between Katella Ave & Ball Road) - Districts 1, 2 and 4

 

18.

Receive and file Traffic Committee Reports dated 7/17/14; approve recommendations; and make California Environmental Quality Act findings - District 2

 

19.

Approve agreement MA-080-15010209 with GCS, Inc. Goodmen Cleaning Services for janitorial services for Social Services Agency, Chip Avenue Facility, one-year term ($118,886); renewable for four additional years; authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - District 2

25134

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

 

20.

Receive bids and award Job Order Contract to Environmental Remediation Contractors for asbestos removal and decontamination services ($500,000); and make California Environmental Quality Act findings - All Districts

 

21.

Acting as the Board of Supervisors and Orange County Flood Control District - Select various firms in ranked list for on-call professional services for flood and drainage projects; authorize negotiation of agreements for Board approval for 3 years; and make California Environmental Quality Act findings - All Districts

 

SOCIAL SERVICES AGENCY

 

22.

Accept Governor's California Office of Emergency Services Child Abuse Treatment Program grant funds ($270,356); and approve agreement FCE1414 with Community Service Programs, Inc., Child Guidance Center, Inc. and Olive Crest for comprehensive treatment services to child victims of abuse and violence, 10/1/14 - 9/30/15 ($400,445); and authorize Director or designee to execute all documents and amendments related to the acceptance and administration without modifying terms and conditions of grant - All Districts

 

23.

Approve agreement AGV0414 with The Regents of the University of California for elder and dependent adult abuse consultation services, 10/1/14 - 6/30/16 ($262,500)

 

GENERAL ADMINISTRATION

 

24.

Clerk of the Board - Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for the Orange County Sanitation District - All Districts (Continued from 9/9/14, Item 13)

 

25.

County Executive Office - Receive and file Quarterly Information Technology Project Status Detail, Executive Summary and Risk Assessment Reports for April - June 2014 - All Districts

35124

RECEIVE & FILE

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 26-S46A)

 

ELECTED DEPARTMENT HEADS

 

26.

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 (Continued from 9/9/14, Item S37A)

B.O.

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

 

27.

Treasurer-Tax Collector - Adopt resolution authorizing Buena Park School District to issue and sell Buena Park School District General Obligation Bonds, Election 2014; and directing Auditor-Controller to levy taxes for such bonds and maintain taxes on tax roll - Districts 2 & 4

24135
   N

APPROVED AS RECOMMENDED

 

RESO: 14-079

 

HEALTH CARE AGENCY

 

28.

Approve master agreement for the provision of Early Intervention services for Older Adults, 10/1/14 - 6/30/16 ($2,484,125); and authorize Director or designee to execute individual agreements - All Districts

21354

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

29.

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; 9/9/14, Item 25)

2   

MOTION TO APPROVE STAFF RECOMMENDATIONS FAILED TO RECEIVE A SECOND

 

45123
  NNA

MOTION FAILED TO APPROVE AN AGREEMENT WITH THE CURRENT VENDOR, PCI, FOR A 3 YEAR TERM, RENEWABLE FOR 2 ADDITIONAL 1 YEAR TERMS AND AUTHORIZE THE AIRPORT DIRECTOR TO EXECUTE THE AGREEMENT.

 

OC PUBLIC WORKS

 

30.

Approve agreement with Jacobs Engineering Group, Inc. for OC Data Center new emergency generator project and OC Data Center cooling plant refresh project ($778,590); and make California Environmental Quality Act findings - All Districts

24135

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

31.

Approve plans and specifications and award contract to KBI General Contractors for Administration (Green) Building Repair at Prima Deshecha Landfill ($415,701); and make California Environmental Quality Act findings - District 5

53124

APPROVED AS RECOMMENDED

 

32.

Select Geosyntec Consultants as primary and Environ Strategy Consultants, Inc. as alternate firms for regulatory compliance support services; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - All Districts

21354

APPROVED AS RECOMMENDED

 

33.

Approve amendment 1 to agreement MA-299-14010178 with Simplus Management for construction management, quality assurance/quality control and support services at North Region Landfills ($860,000; new total $2,060,000) - Districts 3 and 4

34125

APPROVED AS RECOMMENDED

 

34.

Approve amendment 3 to agreement GLK10000010 with Advanced Earth Sciences, Inc. for construction design and engineering support services for East Flank Landslide Remediation project, Frank R. Bowerman Landfill ($383,031; new total $3,226,947); and find that Final Environmental Impact Report 604, previously certified by the Board on August 15, 2006, reflects the independent judgment of the County and satisfies requirements of California Environmental Quality Act for the proposed project, which is a necessarily included element contemplated as part of this action - District 3

32154

APPROVED STAFF RECOMMENDED ACTIONS WITH AN ADDED RECOMMENDATION #4 DIRECTING OC WASTE & RECYCLING TO PROVIDE A STATUS REPORT TO THE BOARD WITHIN EIGHT MONTHS, REGARDING THE STATUS OF ADDITIONAL GEOTECHNICAL INVESTIGATION AND DESIGN WORK AND ANY ASSOCIATED IMPACTS ON FUTURE LANDFILL DEVELOPMENT AND LONG-TERM CAPACITY.

 

PUBLIC PROTECTION

 

35.

Probation - Ratify and approve amendment 1 to agreement 15881 with National Council on Crime and Delinquency for Prison Rape Elimination Act Grant for "Zero Tolerance" Cultures for sexual abuse, 4/1/14 - 9/30/14; and authorize Chief Probation Officer to execute amendment 2 to agreement 15881 to extend term, 10/1/14 -  3/31/15 - All Districts

25134

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

36.

Approve proposed response to FY 2013-14 Grand Jury Report "Ethics and Campaign Reporting: Why and How to Implement Stronger Oversight, Transparency, and Enforcement." - All Districts

24135

APPROVED PROPOSED RESPONSE TO GRAND JURY REPORT WITH DIRECTION FOR STAFF TO INCLUDE THE FRAUD HOTLINE IN THE RESPONSE TO F3 AND WITH THE FOLLOWING EXCEPTIONS: SUPERVISOR SPITZER RECORDED A NO VOTE TO THE RESPONSE TO R1 AND SUPERVISOR NGUYEN RECORDED NO VOTES TO THE RESPONSES TO F5.B, F5.D, R1 AND R3.

 

37.

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

24135

RECEIVED & FILED

 

38.

Adopt resolution approving property tax exchange with City of Costa Mesa for annexation of 14 acres of unincorporated territory; and authorize Auditor-Controller to make related payments - District 2

25134

APPROVED AS RECOMMENDED

 

RESO: 14-080

 

39.

Authorize County Purchasing Agent or designee to increase the Cal-Card Program monthly Purchasing Card (P-Card) limit ($15,000; new total $30,000) - All Districts

53124

APPROVED AS RECOMMENDED

 

40.

Approve renewal of Regional Cooperative agreement MA-017-12010370 with CHP Enterprise dba Ken Porter Auctions for auctioneering and surplus related services, 10/1/14 - 9/30/15; and authorize Purchasing Agent or authorized deputy to execute agreement - All Districts

24135

APPROVED AS RECOMMENDED

 

41.

Approve FY 2013-14 Fourth Quarter Budget Report and related budget adjustments and reserve changes - All Districts (4/5 vote of the members present)

52134

APPROVED AS RECOMMENDED

 

42.

Approve selection of Stifel, Nicolaus & Company and Piper Jaffray & Company as senior-managing and co-managing underwriters and Raymond James & Associates as co-managing underwriter and Alamo Capital Financial Services as selling group member for Rancho Mission Viejo Community Facilities Districts and bond financings - District 5

54123

APPROVED AS RECOMMENDED

 

43.

Approve grant applications/awards submitted by Sheriff-Coroner,  District Attorney and OC Public Works in 9/16/14 grant report and other actions as recommended; adopt resolutions authorizing District Attorney or designee to execute grant agreements and certain amendments with California Department of Insurance for Automobile Insurance Fraud Program ($1,085,227) and Workers' Compensation Insurance Fraud Program ($3,629,627), 7/1/14 - 6/30/15; and make California Environmental Quality Act and other findings; and adopt resolution authorizing OC Public Works Director or designee to apply and execute related documents for the Regional Surface Transportation Program funding under the Moving Ahead for Progress in the 21st Century Federal Transportation Act - All Districts

24135

APPROVED AS RECOMMENDED

 

RESO: 14-081 - 14-083

 

44.

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; 9/9/14, Item 31)

B.O.

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

 

45.

Approve proposed response to FY 2013-14 Grand Jury Report "Dana Point Harbor Revitalization - 15 Years of Planning: What Has Been Learned?" - All Districts (Continued from 9/9/14, Item 33)

54123

APPROVED WITH AMENDMENT TO R.1 INSERTING "AND RECOMMENDATIONS" AFTER "FINDINGS" IN THE SECOND SENTENCE

 

46.

Human Resource Services - Approve and adopt 2012-2016 Memorandum of Understanding (MOU) with American Federation of State, County and Municipal Employees for Eligibility Worker bargaining unit - All Districts

21354

APPROVED AS RECOMMENDED

 

BOARD APPOINTMENTS

 

S46A.

Supervisor Spitzer - Assessment Appeals Board No. 4 - Reappoint Mary Aileen Matheis, Irvine, for term ending 9/3/17

32154

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-CS-3)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:Property Location:  500 N. State College Blvd., Orange, CA 92868County Negotiator:  Scott D. Mayer, Chief Real Estate OfficerNegotiating Party:  IX CW 500 Orange Tower, LPUnder Negotiation:  Terms and Value of Leases(Continued from 9/9/14, Item SCS4)

B.O.

DELETED

 

 

Human Resource Services:

 

CS-2.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957:
Title:  County Executive Officer

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

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

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re:  comparisons to the City of Bell

 

Jacob Norcross, Thomas Powers, Travis Johnson - Oral Re:  medicinal marijuana

 

Patty McDonald, Susana Sandoval, Jose Rea, Dora Lopez, Irma Jauregui, Scott Barnard - Oral Re:  proposed homeless shelter on Normandy Place

 

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

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisor Spitzer - Oral Re:  Silverado Canyon Fire

 

Supervisor Nguyen - Oral Re:  staff attendance at community meetings on proposed homeless shelter on Normandy Place

 

Supervisor Bates - Oral Re:  City of San Juan Capistrano's 125th Celebration

 

Supervisor Moorlach - Oral Re:  Silverado Canyon Fire, proposed homeless shelter

 

ADJOURNED:  1:00 P.M.

54123

Adjourned in memory of Ward Pain Jr.

 

 

***  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