REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, September 22, 2015,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

TODD SPITZER

CHAIRMAN

Third District

 

 

LISA A. BARTLETT                       

VICE CHAIRMAN                          

Fifth District

 

 

ANDREW DO

SUPERVISOR

First District

 

 

 

MICHELLE STEEL                         

SUPERVISOR                             

Second District

 

 

SHAWN NELSON

SUPERVISOR

Fourth District

 

ATTENDANCE:  Supervisors: Bartlett, Do, Nelson and Spitzer

 

EXCUSED:         Supervisor Steel                                                               

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

INTERIM CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:  Chairman 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 Spitzer presented a resolution proclaiming September as "Hunger Action Month"

 

II.   CONSENT CALENDAR (Items 1-34)

 

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APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 16 WAS CONTINUED TO 10/6/15, 9:30 A.M.; AND ITEMS 17 & 34 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Supervisor Bartlett:

 

1.

Assessment Appeals Board No. 5 - Reappoint Gary Kreitz, Laguna Hills, for term ending 9/2/18

 

2.

Assessment Appeals Board No. 4 - Appoint Stephanie Winstead, Laguna Niguel, to complete term ending 9/2/18

 

3.

Assessment Appeals Board No. 1 - Appoint Anna Dickinson, San Juan Capistrano, to complete term ending 9/2/18

 

4.

Orange County Historical Commission - Appoint Kazuto Kishimoto, Laguna Niguel, for term concurrent with 5th District Supervisor's term of office

 

5.

Senior Citizens Advisory Council - Reappoint Elizabeth Busick, Mission Viejo, for term ending 12/31/16

 

6.

Acting as the Orange County Housing Authority - Housing and Community Development Commission - Reappoint Kathryn McCullough, Lake Forest, for term ending 6/30/17

 

7.

Orange County Waste Management Commission - Appoint Mark Tettemer, Lake Forest, to complete term ending 7/1/17

 

8.

Emergency Medical Care Committee - Reappoint Michael S. Ritter, Mission Viejo, for term ending 6/30/17

 

 

Supervisor Nelson:

 

9.

Assessment Appeals Board No. 3 - Reappoint Rhonda McCune, Fullerton, for term ending 9/2/18

 

10.

Assessment Appeals Board No. 5 - Reappoint Edward Lampkin Jr., Fullerton, for term ending 9/2/18

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

11.

Receive and file Report of Refunds for FY 2014-15 - All Districts

 

12.

Receive and file Semi-Annual Fund/Budget Control Report for FY 2014-15 - All Districts

 

13.

Receive and file Annual Reports of Cash Difference Funds, Overage Fund and Cash Losses for FY 2014-15 - All Districts

 

14.

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

 

15.

Receive and file Annual Report of Revolving Funds for FY 2014-15 - All Districts

 

16.

District Attorney - Approve model agreement for teachers in Orange and San Juan Capistrano School Districts for Gang Reduction and Intervention Partnership (GRIP) program tutorial services, 9/28/15 - 7/31/16 ($457,500); renewable for one additional one-year term; and authorize Purchasing Agent or authorized Deputy to execute individual agreements - Districts 3 & 5 

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CONTINUED TO 10/6/15, 9:30 A.M.

 

 

Sheriff-Coroner:

 

17.

Approve Assignment, Novation and Consent agreement with All Towing Services, LLC dba American All Star Towing assigning to Pacific Towing, Inc., 6/1/15 - 5/31/16; and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts (Continued from 8/4/15, Item 6; 8/25/15, Item 12; 9/1/15, Item 9)

 

NO ACTION TAKEN

 

18.

Receive bids and award contract to Fence Corp., Inc. for replacement of vehicle gates and gate operators, Intake Release Center and Central Men's Jail ($322,150) - District 1

 

19.

Accept grant award from U.S. Department of Justice for 2015 Edward Byrne Memorial Justice Assistance Grant Program ($365,772); approve form of agreement to transfer funds to participating cities; and authorize Sheriff-Coroner or designee to execute individual city agreements - All Districts

 

20.

Approve waiver of liability with Chapman University for training Special Weapons and Tactics (SWAT) and canine training, 9/22/15 - 9/21/20; and authorize Sheriff-Coroner or designee to execute agreement - All Districts

 

21.

Approve amendment 2 to agreement MA-060-14010397 with Life Technologies Corporation for maintenance of Genetic Analyzers and Real Time Polymerase Chain Reaction instruments, 11/1/15 - 10/31/16 ($23,369; cumulative total $74,419); renewable for two additional one-year periods; and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

CHILD SUPPORT SERVICES

 

22.

Approve Plan of Cooperation agreement with State of California Department of Child Support Services for administration of Title IV-D Program services, 10/1/15 - 9/30/16; and authorize Director or designee to execute agreement - All Districts

 

HEALTH CARE AGENCY

 

23.

Approve rescinding Resolution 93-748 as the fee schedule for Mental Health Program is no longer applicable - All Districts

 

OC PUBLIC WORKS

 

24.

Approve plans and specifications and set bid opening for 11/4/15, 2:00 p.m. for Landfill Gas Collection System Expansion, Frank R. Bowerman and Santiago Canyon Landfills; and consider application of prior Final Environmental Impact Report No. 604 and Final Mitigated Negative Declaration No. 191 and other findings - District 3

 

25.

Approve amendment 1 to pre-annexation agreement with City of Huntington Beach, relieving land use authority for Sunset Beach area; and make California Environmental Quality Act and other findings - District 2

 

26.

Acting as the Orange County Flood Control District - Approve agreement MA-080-16010133 with Steinberg & Associates for professional and consulting services including but not limited to Santa Ana River Mainstem project and Prado Dam, 9/23/15 - 9/22/18 ($150,000); authorize Director or designee to execute agreement; and make California Environmental Quality Act and other findings - All Districts

 

OC WASTE & RECYCLING

 

27.

Approve purchase order PO-299-16010185 with Quinn Company for purchase of Caterpillar 824K Wheel Dozer, North Region Landfills ($612,845.60); authorize Purchasing Agent or authorized Deputy to execute purchase order; and make California Environmental Quality Act and other findings - District 4

 

PUBLIC PROTECTION

 

 

Probation:

 

28.

Approve termination of Joint Exercise of Powers Agreement for Establishment and Operation of Van Horn Regional Facility for Emotionally Disturbed Minors; and authorize Chief Probation Officer to take related actions - All Districts

 

29.

Authorize the County Executive Officer to notify the Board of State and Community Corrections of County's interest in accepting Community Recidivism Reduction Grant funds ($250,000); authorize use of FY 2015-16 additional grant award funding ($50,000 per provider) for transitional housing; and authorize Health Care Agency Director or designee to release Request for Proposal for residential treatment services competitive grant program - All Districts

 

30.

Approve Records Control Schedule and authorize retention and disposition of records - All Districts

 

GENERAL ADMINISTRATION

 

31.

County Counsel - Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreements with Dentons US LLP, which has merged with previously selected law firm of McKenna, Long & Aldridge LLP for legal services for land use, environmental law and planning related legal services; and authorize County Counsel to execute agreements - All Districts

 

32.

County Executive Office - Approve amendment 5 to agreement N1000010408 with Calero Software, LLC for unified billing and operations management software solution and maintenance, 10/28/15 - 10/27/16 ($20,000) and modify to add professional services for custom programming support ($28,125; cumulative total $469,975); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

 

33.

Human Resource Services - Approve amended Short Term Disability Plan Document, effective 10/2/15; and authorize Chief Human Resources Officer or designee to make any changes to document as required by law or regulatory authority - All Districts

 

34.

Chairman Spitzer - Receive and file report of the Ethics Committee

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RECEIVED AND FILED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 35-S57D)

 

DEPARTMENT APPOINTMENTS

 

 

Health Care Agency:

 

35.

Select and appoint one candidate to the CalOptima Board of Directors County Resident/Non-Consumer position for term ending 4/30/16 - All Districts (Continued from 9/1/15, Item 18)

B.O.

CONTINUED TO 10/27/15, 9:30 A.M.

 

36.

CalOptima Board of Directors - Reappoint Lee Penrose, Mission Viejo, to Hospital Administrator position for term ending 9/30/19 - All Districts

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APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

37.

Auditor-Controller - Approve agreement MA-003-16010046 with CGI Technologies and Solutions Inc., for CAPS+ Advantage Finance/Procurement and Human Resources/Payroll software system upgrade, ($5,767,823);  and approve amendment 2 to agreement MA-003-11012413 with CGI Technologies and Solutions Inc., for maintenance and support services for bundled software added under agreement MA-003-16010046 ($30,412.21; new total $11,659,827.83); and authorize Purchasing Agent or authorized Deputy to execute agreements - All Districts

B.O.

CONTINUED TO 10/6/15, 9:30 A.M.

 

38.

Sheriff-Coroner - Approve amendment 3 to renew agreement MA-060-15010186/MA-060-14010409 with Motorola Solutions Inc. for security update and technical support services, 10/1/15 - 9/30/16 ($85,385.76; cumulative total $631,036.10); and authorize Sheriff-Coroner or designee to execute amendment - All Districts

15243
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APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

39.

Approve selection of and agreement with Community Service Programs, Inc. for collaborative courts full service partnership/wraparound services, 10/1/15 - 6/30/18 ($7,175,278); and authorize Director or designee to execute agreement - All Districts
(Continued from 8/25/15, Item 45)

43125
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APPROVED AS AMENDED TO CHANGE THE TERM OF THE AGREEMENT WITH COMMUNITY SERVICE PROGRAMS, INC. TO 90 DAYS

 

40.

Ratify retroactive agreement with California Department of Public Health for AIDS Drug Assistance Program, 7/1/15 - 6/30/17 ($179,132); and authorize Director or designee to execute agreement and related documents - All Districts (Continued from 8/25/15, Item 44)

B.O.

CONTINUED TO 10/20/15, 9:30 A.M.

 

41.

Approve master agreement MA-042-16010084 with ImageTrend, Inc. for software maintenance and database hosting services, 11/1/15 - 10/31/16 ($165,017); renewable annually for four years; renew master agreement MA-042-16010084 with ImageTrend, Inc. for software maintenance and database hosting services, 11/1/16 - 10/31/17 ($165,017; cumulative total $330,034); and approve amendment 3 to master agreement MA-042-15010692 with Ruth S. Grubb for professional services for Orange County Medical Emergency Data System, 1/1/16 - 12/31/16 ($99,800; cumulative total $399,200); and authorize Purchasing Agent or authorized Deputy to execute master agreements - All Districts

41253
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APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

42.

Consider first reading of "An Ordinance of the County of Orange, California Amending Sections 2-1-30.4 and 2-1-30.5 of the Codified Ordinances of the County of Orange Pertaining to Noise Regulations and Decibel (dB) Limitations"; set second reading and adoption for 10/6/15, 9:30 a.m.; and make California Environmental Quality Act and other findings - District 2

35124
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APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

43.

Approve continued use of State of California Eligible Training Provider List for Workforce Investment Act/CalWORKs training provider selection; and authorize Director or designee to execute Workforce Innovation and Opportunity Act Individual Training Account and CalWORKs Vocational Training model agreement with various providers, 10/1/15 - 6/30/19 ($15,000 per individual training program and total aggregate amount not to exceed $10,000,000), and execute amendments and exercise cost contingency increase not to exceed 10% under certain conditions - All Districts

14253
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APPROVED AS RECOMMENDED

 

44.

Approve amendment 2 to renew agreement MA-012-14010623 with The Soto Company for landscape maintenance services at various South Coastal Operations facilities, 12/1/15 - 11/30/16 ($385,760; cumulative total $1,157,280); authorize Purchasing Agent or authorized Deputy to execute amendment; and make California Environmental Quality Act and other findings - District 5

53124
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APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

45.

Approve agreement MA-080-16010397 with Lionakis for architect-engineer services, Juvenile Hall - Multipurpose Rehabilitation Center, 9/22/15 - 9/21/20 ($1,603,920); and make California Environmental Quality Act and other findings - District 3

31245
  X 

APPROVED AS RECOMMENDED

 

46.

Acting as the Orange County Flood Control District - Adopt resolution approving lease with FedEx Freight, Inc. for parking, storage and vehicle maneuvering purposes on a portion of District's Miller Retarding Basin, 10/1/15 - 9/30/25; and make California Environmental Quality Act and other findings - District 3

31245
  X 

APPROVED AS RECOMMENDED

 

RESO: 15-098

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

47.

Consider first reading of "An Ordinance of the County of Orange, California, Amending Section 2-2-15 of the Codified Ordinances of the County of Orange Regarding the Appointment of Members to the Orange County Parks Commission"; and set second reading and adoption for 10/6/15, 9:30 a.m.; and make California Environmental Quality Act and other findings - All Districts

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APPROVED AS RECOMMENDED

 

48.

Consider first reading of "An Ordinance of the County of Orange, California, Amending Section 1-2-302 of the Codified Ordinances of the County of Orange Regarding the Composition of the Housing and Community Development Commission"; and set second reading and adoption for 10/6/15, 9:30 a.m.; and make California Environmental Quality Act and other findings - All Districts

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APPROVED AS RECOMMENDED

 

49.

Approve and adopt resolutions to direct Orange County Human Relations Commission, Airport Arts Commission, Orange County Historical Commission, and Orange County In-Home Supportive Services Advisory Committee to amend bylaws to remove supervisorial district residency requirements; approve and adopt resolutions amending bylaws of Animal Care Community Outreach Committee, Development Processing Review Committee, Mental Health Board, and Orange County Veterans Advisory Council to remove supervisorial district residency requirements; and require written consent of a supervisor in whose district the nominee resides - All Districts

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APPROVED AS RECOMMENDED

 

RESO: 15-099 - 15-106

 

 

County Executive Office:

 

50.

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

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APPROVED AS RECOMMENDED

 

51.

Receive and file Real Property Interests under Delegated Authority Report for June 30, 2014 - July 1, 2015; and make California Environmental Quality Act and other findings - All Districts

41253
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APPROVED AS RECOMMENDED

 

52.

Acting as the Board of Supervisors and Legislative body of Community Facilities Districts 86-1, 86-2 and 87-5A through 87-5E (Rancho Santa Margarita), 87-1 (Dimensions Business Park), 87-2 (Portola Hills), 87-3 (Mission Viejo), 87-4 (Foothill Ranch), 87-6 (Baker Ranch), 87-7 (Los Alisos), 87-8 (Coto de Caza), 87-9 (Santa Teresita), 88-1 (Aliso Viejo), 88-2 (Lomas Laguna), and 1999-1, 2000-1, 2001-1, 2002-1, 2003-1 and 2004-1 (Ladera Ranch), Assessment Districts 88-1 (Irvine Coast), 92-1 (Newport Ridge), 01-1 (Newport Coast), and Reassessment Districts 94-1 (Golden Lantern), 99-1R and 01-1R - Select and approve agreement No. 15-001TS with David Taussig & Associates for special tax and assessment levy consultant, 10/1/15 - 9/30/20 ($600,000); and authorize Public Finance Director to execute agreement - Districts 2 & 5

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APPROVED AS RECOMMENDED

 

53.

Acting as the Legislative Body of Community Facilities District No. 2015-1 (Village of Esencia) - Adopt resolution authorizing issuance of bonds in a principal amount not to exceed $93,000,000; and direct Auditor-Controller to establish appropriations and estimated revenues, pursuant to Government Code Section 29130 - District 5 (R.A. #2 4/5 vote of members present and voting)

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APPROVED AS RECOMMENDED

 

RESO: 15-107

 

54.

Approve selection of and agreements 017-15002BC with Orrick, Herrington & Sutcliffe LLP as bond counsel ($44,500, plus expenses $1,500) and 017-15001DC with Stradling Yocca Carlson & Rauth as disclosure counsel ($35,000) for services relating to 800 MHz Countywide Coordinated Communications System upgrade financing, effective upon Board approval term ending 6/30/16 with options to extend for two additional years; and authorize Public Finance Director to execute agreements - All Districts

54123
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APPROVED AS RECOMMENDED

 

55.

Approve FY 2014-15 Fourth Quarter Budget Report and related budget adjustments and reserve changes - All Districts (4/5 vote of the members present)

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APPROVED AS RECOMMENDED

 

56.

Approve grant applications/awards submitted by Sheriff-Coroner and District Attorney in 9/22/15 grant report and other actions as recommended; adopt resolution authorizing Sheriff-Coroner or designee to execute and submit to California Office of Emergency Services the FY 2015 Emergency Management Performance Grant Application ($777,250); and adopt resolution authorizing District Attorney or designee to execute grant award agreement and amendments with California Department of Insurance for Life and Annuity Consumer Protection Program, 7/1/15 - 6/30/16 ($120,000); and make California Environmental Quality Act and other findings - All Districts

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APPROVED AS RECOMMENDED

 

RESO: 15-108 - 15-109

 

57.

Office of the Performance Audit Director - Receive and file Follow-Up 2011 Performance Audit of the Human Resources Department report - All Districts

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APPROVED AS RECOMMENDED

 

S57A.

County Counsel - Consider first reading and adoption "An Ordinance of the County of Orange, California Amending Section 1-3-12 Pertaining to Civic Openness in Negotiations" - All Districts (4/5 vote of voting members present)

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APPROVED AS RECOMMENDED

 

 ORD: 15-014

 

S57B.

Chairman Spitzer - Provide direction to OC Animal Care concerning the placement of Karma, a wolf-dog hybrid at the Wolf Mountain Sanctuary in Lucerne Valley, California

3   

MOTION TO OVERRULE THE RECOMMENDATION FOR THE DESTRUCTION OF THE HUSKY IN POSSESSION NAMED KARMA AND TO DIRECT OC ANIMAL CARE TO FIND AN APPROPRIATE ADOPTION PLACEMENT AS PER THE AGREEMENT DRAFTED BY COUNTY COUNSEL TO PROTECT THE COUNTY FROM FUTURE LIABILITY  FAILED DUE TO LACK OF SECOND

 

OC WASTE & RECYCLING

 

S57C.

Approve amendment 1 to agreement with Cities, Facility Operators and Sanitary Districts for waste disposal, offer termination 12/31/15; approve continued waste importation and share net waste importation revenue; and extend current term an additional 5 years, 7/1/20 - 6/30/25; and authorize Director or designee to execute amendment - All Districts

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APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S57D.

Chairman Spitzer and Supervisor Nelson - Study session on the proposal for an Orange County Campaign Finance and Ethics Commission as submitted by Shirley Grindle and Bill Mitchell

 

RECEIVED AND FILED; SCHEDULE FOR ADDITIONAL DISCUSSION ON 10/6/15, 9:30 A.M.

 

IV.  PUBLIC HEARINGS (Item 58)

 

OC PUBLIC WORKS

 

58.

Public Hearing to consider first reading of "An Ordinance of the Board of Supervisors of the County of Orange Granting to SFPP, L.P., a Delaware Limited Partnership, a Franchise for the Transportation & Distribution of Refined Petroleum Products in the County of Orange for Ten (10) Years"; and set second reading and adoption for 10/6/15, 9:30 a.m. - Districts 3, 4 & 5

B.O.

CLOSED PUBLIC HEARING

 

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APPROVED AS RECOMMENDED

 

V.   CLOSED SESSION (Items CS-1-SCS13)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):Name of Case:  James E. Dovey, etc., et al. v. Niguel Shores Community Association, et al., Orange County Superior Court Case No. 30-2013-00651468-CU-OR-CJC

B.O.

DELETED

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Linda Guy v. Orange County In-Home Supportive Services Public Authority, Orange County Superior Court Case No. 30-2014-00755585-CU-OE-CXC

B.O.

HELD, THE BOARD BY A VOTE OF 4 TO 0, SUPERVISORS SPITZER, BARTLETT, NELSON AND DO VOTING IN FAVOR, SUPERVISOR STEEL BEING ABSENT, AUTHORIZED COUNTY COUNSEL TO SUBSTITUTE THE FIRM OF RENNE SLOAN HOLTZMAN SAKAI LLP FOR MEYERS NAVE, TO REPRESENT THE COUNTY IN THE MATTER OF LINDA GUY V. ORANGE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY.

 

CS-3.

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. 30-2015-00805871-CU-WM-CJC

B.O.

HELD, NO REPORTABLE ACTION

 

CS-4.

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

B.O.

HELD, NO REPORTABLE ACTION

 

CS-5.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED  LITIGATION - Pursuant to Government Code Section 54956.9(d)(2):
Number of Cases:  One Case

B.O.

HELD, THE BOARD BY A VOTE OF 4 TO 0, SUPERVISORS SPITZER, BARTLETT, NELSON AND DO VOTING IN FAVOR, SUPERVISOR STEEL BEING ABSENT, APPROVED OC PUBLIC WORKS TO ACCEPT THE SETTLEMENT OFFER FROM SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD AND AUTHORIZED OF PUBLIC WORKS TO PAY $39,200 TO THE STATE WATER CONTROL BOARD CLEANUP AND ABATEMENT ACCOUNT IN SETTLEMENT OF THIS DISPUTE.  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 COUNTY COUNSEL TO ANY PERSON WHO INQUIRES.

 

CS-6.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Under Seal v. Under Seal, Sacramento County Superior Court Case No. 34-2012-00127517

B.O.

HELD, THE BOARD BY A VOTE OF 4 TO 0, SUPERVISORS SPITZER, BARTLETT, NELSON AND DO VOTING IN FAVOR, SUPERVISOR STEEL BEING ABSENT, AUTHORIZED THE COUNTYS' INTERVENTION IN THE MATTER OF [UNDER SEAL] V. [UNDER SEAL] AND AUTHORIZED COUNTY COUNSEL TO RETAIN CONSTANTINE CANNON LLP, TO REPRESENT THE COUNTY AS ITS ATTORNEYS OF RECORD IN THE MATTER.

 

CS-7.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  In re Arbitration between County of Orange v. Atos Governmental IT Outsourcing Services, LLC

B.O.

HELD, THE BOARD BY A VOTE OF 4 TO 0, SUPERVISORS SPITZER, BARTLETT, NELSON AND DO VOTING IN FAVOR, SUPERVISOR STEEL BEING ABSENT, AUTHORIZED COUNTY COUNSEL TO RETAIN DENTONS US LLP, TO PROVIDE ADVISORY, ARBITRATION, AND LITIGATION SERVICES TO THE COUNTY IN CONNECTION WITH THE MATTER OF IN RE ARBITRATION BETWEEN COUNTY OF ORANGE V. ATOS GOVERNMENTAL IT OUTSOURCING SERVICES, LLC AND THE MASTER SERVICES AGREEMENT BY AND BETWEEN THE COUNTY OF ORANGE AND ATOS GOVERNMENTAL IT OUTSOURCING SERVICES, LLC DATED SEPTEMBER 10, 2013, AS AMENDED.

 

CS-8.

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

 

CS-9.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:   Laguna Niguel Regional Park
County Negotiator:  Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:    Rip N Lips, Inc.
Under Negotiation:  Terms of Lease and Option to Renew

B.O.

HELD, NO REPORTABLE ACTION

 

 

Human Resource Services:

 

CS-10.

PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b):
Title:  Clerk of the Board

B.O.

HELD, NO REPORTABLE ACTION

 

CS-11.

PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b):
Title:  Airport Director

B.O.

CONTINUED TO 10/6/15, 9:30 A.M.

 

CS-12.

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), 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

 

SCS13.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Joshua and Tiffany Ogle v. Orange County Animal Care, Orange County Superior Court Case No. 30-2015-00804466-CL-JR-CJC

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re:  Ethics Committee report; real estate fraud; Internal Audit and District Attorney

 

Steve Rocco - Oral Re: Recall of Tony Rackauckas and Mayor Miguel Pulido

 

Ilya Tseglin - Oral Re: Nate Tseglin and the courts; Public Defender

 

Robert Tseglin - Oral Re: Nate Tseglin; Public Defender

 

John Christiana - Oral Re: Laguna Beach Police Department investigation and public awareness of crime

 

Lou Noble - Oral Re: Thanked Supervisor Nelson for attending homeless shelter meeting in Fullerton

 

R. Joshua Collins - Oral Re: Corruption and human rights

 

John Briscoe - Oral Re: Chairman Spitzer read Mr. Briscoe's comments regarding the omission of rate study related to the agenda item rescinding OCHCA mental health fees.

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Supervisor Do - Oral Re: Directed CEO to return to the Board during 1st Quarter Budget Report to add social care coordinator position to work with homeless and track progress of those who have received services.

 

Supervisor Nelson - Oral Re: Oral re: Directed CEO Real Estate to look at County owned property behind Registrar of Voters as possible location for new animal shelter and to return to the Board on 10/6/15.

 

ADJOURNED:  4:47 P.M.

53124
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Adjourned in memory of Angela Vogel

 

53124
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Adjourned in memory of Virginia Reed

 

 

***  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

                                                                                   

 

 

 

 

                                                                       

   Interim Orange County Clerk of the Board