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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
ORANGE COUNTY, CALIFORNIA |
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BOARD HEARING ROOM, FIRST FLOOR |
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333 W. Santa Ana Blvd., 10 Civic Center Plaza |
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Santa Ana, California |
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TODD SPITZER CHAIRMAN Third District |
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LISA A. BARTLETT VICE CHAIRMAN Fifth District |
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ANDREW DO SUPERVISOR First District |
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MICHELLE STEEL SUPERVISOR Second District |
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SHAWN NELSON SUPERVISOR Fourth District |
ATTENDANCE: All
Present
EXCUSED: None
PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Frank Kim |
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COUNTY COUNSEL |
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Leon J. Page |
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DEPUTY CLERK OF
THE BOARD |
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Jamie Ross |
INVOCATION:
Supervisor Nelson, Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Steel, Second District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Chairman Spitzer presented a resolution
commending OC Community Services for earning the Affordable Housing Award for
Development of the Year |
II. CONSENT CALENDAR (Items 1-15)
42153 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 10 WHICH WAS DELETED; ITEM 5 WHICH WAS CONTINUED TO 10/27/15, 9:30
A.M.; AND ITEM 3 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
1. |
Supervisor Steel - Airport
Commission - Reappoint Chris A. Welsh, Newport Beach, for term concurrent
with 2nd District Supervisor's term of office |
2. |
Supervisor Do - Airport
Commission - Appoint John L. Wong, Rossmoor, for term concurrent with 1st
District Supervisor's term of office |
DEPARTMENT APPOINTMENTS
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Health Care
Agency: |
3. |
Orange
County Mental Health Board - Reappoint Judith Lewis, Huntington Beach, for
term ending 7/20/18 - All Districts |
45123 |
APPROVED
AS RECOMMENDED |
4. |
Alcohol
and Drug Advisory Board - Appoint Margaret Fleitman, Mission Viejo, to
complete term ending 10/27/17; Geoffrey Henderson, Anaheim, to complete
term ending 3/6/17; Debra Kelsey, Westminster, and Frederick Williams, Jr.,
Irvine to complete terms ending 10/28/17; and reappoint Stacy
Deeble-Reynolds, Long Beach, for term ending 6/3/18 - All Districts |
ELECTED DEPARTMENT HEADS
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District
Attorney: |
5. |
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 (Continued from 9/22/15, Item 16) |
42153 |
CONTINUED
TO 10/27/15, 9:30 A.M. |
6. |
Adopt
resolution approving amended FY 2014-15 Federal Equitable Sharing Agreement
and Certification Report - All Districts |
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RESO: 15-110 |
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Sheriff-Coroner: |
7. |
Approve
amendment 3 to renew agreement MA-060-12010139 with Premier Computing, Inc.
for help desk support for Commissary operations system, 11/9/15 - 11/8/16
($24,000; cumulative total $96,000); and authorize Purchasing Agent or
authorized Deputy to execute amendment - All Districts |
8. |
Approve
purchase order with Impex Technologies, Inc. for one-time purchase and
delivery of computer hardware to increase storage of existing data system
($81,768.56); and authorize Purchasing Agent or authorized Deputy to execute
purchase order - All Districts |
9. |
Receive
and file annual Inmate Welfare Fund Revenue and Expenditure Reports for FY
14-15 - All Districts |
HEALTH CARE AGENCY
10. |
Approve
agreement MA-042-15012267 with Freedom Imaging, Inc. for purchase of
unbudgeted digital radiography equipment ($64,212); and authorize
Purchasing Agent or authorized Deputy to execute agreement - All Districts
(4/5 vote of members present) |
42153 |
DELETED |
OC COMMUNITY RESOURCES
11. |
Approve
agreement MA-012-16010499 with US eDirect Inc. for OC Parks reservations
system, 10/9/15 - 10/8/16 ($160,000) with option to renew for four
additional one-year periods; and authorize Purchasing Agent or authorized
Deputy to execute agreement - All Districts |
12. |
Accept
donation of $14,910.48 from Friends of the Library to offset cost of
refurbishing chairs, Heritage Park Branch Library - District 3 |
13. |
Acting as the Successor Agency to the
Orange County Development Agency - Adopt
Recognized Obligation Payment Schedule (ROPS), 1/1/16 - 6/30/16;
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 and other findings - All Districts |
OC PUBLIC WORKS
14. |
Approve
retroactive reimbursement agreement 15-0044 with California Department of
Food and Agriculture for reimbursement of inspection of high risk plant
shipments, 7/1/15 - 6/30/16 ($102,381); authorize Director or designee to
execute agreement; and make California Environmental Quality Act and other
findings - All Districts |
15. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
amendment 1 to agreement D10-054 with Canyon Recreational Vehicle Park for a
one-time fee for water connection and power and water usage ($54,000) -
District 3 |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 16-S34B)
ELECTED DEPARTMENT HEADS
16. |
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 (Continued from 9/22/15, Item 37) |
52143 |
APPROVED AS RECOMMENDED |
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Sheriff-Coroner: |
17. |
Approve
amendment 1 to license agreement PM 1239-9-3-1 with County of Riverside for
continued lease of space, Ortega Communications Facility, extending term 30
years to 10/4/45 ($839,155; cumulative total $888,018); and make California
Environmental Quality Act and other findings - District 5 |
52143 |
APPROVED
AS RECOMMENDED |
18. |
Approve
amendment 1 to agreement MA-060-15011899 with CDCE Incorporated for purchase
of Getac Rugged Laptops, Tablets and Integrated Control Systems and adding
another invoicing location, 5/8/15 - 5/7/18 ($1,888,652.44; new total
$2,501,817.93); and authorize Purchasing Agent or authorized Deputy to
execute amendment - All Districts |
14253 |
APPROVED
AS RECOMMENDED |
19. |
Treasurer-Tax Collector - Approve
amendment 1 to agreement MA-074-11012506 with The Northern Trust Company
for custody banking services, 10/20/15 - 10/19/16 ($121,500; cumulative total
$796,500); and authorize Treasurer-Tax Collector to execute amendment - All
Districts |
15243 |
APPROVED AS RECOMMENDED |
HEALTH CARE AGENCY
20. |
Approve
selection of and agreement with College Community Services for Peer Mentoring
services for Adults and Older Adults, 11/1/15 - 6/30/17 ($2,914,452); and
authorize Director or designee to execute agreement - All Districts |
51243 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
21. |
Approve
amendment 1 to architect-engineer agreement for Project No. 280-280-1900-ENV2
with AMEC Foster Wheeler Environmental & Infrastructure, Inc.,
extending term to 9/9/16; ($480,000; new total $2,880,000) - District 2 |
21453 |
APPROVED AS RECOMMENDED |
22. |
Approve
Passenger Facility Charge amendment with Federal Aviation Administration for
reimbursements and funding of projects and authorize Director to execute
amendment; approve agreement with Swinerton Builders for terminal
improvements project ($101,837,386); and consider application of Final
Environmental Impact Report No. 582, Addendum 582-1, and Final Supplemental
Environmental Impact Report 582, and other findings - District 2 |
21453 |
CONTINUED TO 10/20/15, 9:30 A. M. |
23. |
Consider
second reading and adoption 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" - District 2 (First reading on 9/22/15, Item
42) |
23145 |
APPROVED AS RECOMMENDED |
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ORD: 15-015 |
OC PUBLIC WORKS
24. |
Receive
bids and award job order contracts MA-080-16010087 to National Demolition
Contractors and MA-080-1601058 to Environmental Remediation Contractors,
Inc. for asbestos removal and decontamination services support, 10/6/15 -
10/5/16 ($4,475,000 each) - All Districts |
51243 |
APPROVED AS RECOMMENDED |
25. |
Approve
agreement D15-004 with Santa Fe Pacific Pipeline, L.P. for relocation of
petroleum pipelines, La Pata Avenue widening - District 5 |
53124 |
APPROVED AS RECOMMENDED |
26. |
Receive
bids and award job order contracts MA-080-16010245 with Interlog
Construction, MA-080-16010246 with Harry H. Joh Construction and
MA-080-16010247 with MIK Construction for general contracting services,
10/6/15 - 10/5/16 ($4,475,000 each); and make California Environmental
Quality Act and other findings - All Districts |
14253 |
APPROVED AS RECOMMENDED |
27. |
Approve
amendment 1 to agreement D13-085 with Hill International, Inc. for
construction management of La Pata Avenue and Camino Del Rio Extension
Project ($1,000,000 reduction; new total $6,706,372) - District 5 |
51243 |
APPROVED AS RECOMMENDED |
28. |
Approve
agreement CT-080-16010222 with West Coast Air Conditioning Co., Inc. for
Construction Manager At Risk general contractor design phase services for
Central Utility Facility Infrastructure Upgrades project ($796,540); and make
California Environmental Quality Act and other findings - District 1 |
14253 |
APPROVED AS RECOMMENDED |
29. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
acquisition contract with and accept grant deed from Bruce T. Mulhearn,
Trustee of the Grasmere Trust, for purchase of real property, Prado Dam
Project, 7215 Pine Avenue, Chino, California ($4,030,000); authorize Chief
Real Estate Officer or designee to execute related documents; and authorize
Auditor-Controller to make related payments - All Districts |
15243 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County Counsel: |
30. |
Consider
second reading and adoption 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" - All Districts (First reading on 9/22/15, Item 47) |
14253 |
APPROVED
AS RECOMMENDED |
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ORD:
15-016 |
31. |
Consider
second reading and adoption 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" - All Districts (First reading on 9/22/15, Item
48) |
14253 |
APPROVED
AS RECOMMENDED |
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ORD:
15-017 |
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County
Executive Office: |
32. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
14253 |
APPROVED
AS RECOMMENDED |
33. |
Acting
as the Legislative Body of Community Facilities Districts No. 2002-1 and
2004-1 - Approve amendment 4 to Acquisition, Funding and Disclosure
agreement for Series A of 2003 Bonds, CFD 2002-1 and Series A of 2005 Bonds,
CFD 2004-1 for purpose of financing the La Pata extension project and related
improvements; and authorize Public Finance Manager to execute amendments; and
make related budget adjustments - District 5 (R.A. #4, 4/5 vote of members
present and voting) |
54123 |
APPROVED
AS RECOMMENDED |
34. |
Approve
grant applications/awards submitted by District Attorney and OC Community
Resources/Community Services in 10/6/15 grant report and other actions as
recommended; adopt resolution authorizing District Attorney or designee to
execute grant subaward amendment and additional amendments under certain
conditions with California Office of Emergency Services for
Unserved/Underserved Victim Advocacy and Outreach Services Program, 10/1/14 -
3/31/16 ($62,500; cumulative total $192,233); and make California
Environmental Quality Act and other findings - All Districts |
51243 |
APPROVED
AS RECOMMENDED |
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RESO: 15-111 |
S34A. |
Chairman Spitzer and Supervisor Nelson - Relating
to the establishment of a County Ethics Commission, provide direction to
County Counsel concerning amendments to the County Charter, amendments to the
County Campaign Reform Ordinance (TINCUP), an ordinance establishing a County
Ethics Commission, and amendments to the County Lobbyist Registration and
Reporting Ordinance; direct County Counsel to return to the Board on October
20, 2015, with final ordinance language and a proposed directive for
placement of the amendments to the County Charter and the County Campaign
Reform Ordinance on the ballot of the June 2016 statewide primary election |
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THE BOARD PROVIDED DIRECTION AND COMMENTS TO COUNTY COUNSEL CONCERNING AMENDMENTS TO THE COUNTY CHARTER, AMENDMENTS TO THE COUNTY CAMPAIGN REFORM ORDINANCE (TINCUP), AN ORDINANCE ESTABLISHING A COUNTY ETHICS COMMISSION, AND AMENDMENTS TO THE COUNTY LOBBYIST REGISTRATION AND REPORTING ORDINANCE. STRAW VOTES WERE HELD ON THE FOLLOWING SPECIFIC ITEMS:
ON THE CHARTER AMENDMENT |
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ON THE CAMPAIGN REFORM ORDINANCE |
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ON THE ORDINANCE ESTABLISHING AN ETHICS
COMMISSION |
S34B. |
Supervisor Do - Relating
to the establishment of a County Ethics Commission, provide direction to
County Counsel concerning amendments to the County Charter, amendments to the
County Campaign Reform Ordinance (TINCUP), an ordinance establishing a County
Ethics Commission, and amendments to the County Lobbyist Registration and
Reporting Ordinance; direct County Counsel to return to the Board on October
20, 2015, with final ordinance language and a proposed directive for
placement of the amendments to the County Charter and the County Campaign
Reform Ordinance on the ballot of the June 2016 statewide primary election |
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ITEM WITHDRAWN |
IV. PUBLIC HEARINGS (Items 35-36)
OC PUBLIC WORKS
35. |
Public
Hearing to consider adopting resolution approving General Plan Amendment Land
Use Element 15-01 for elements that contain goals, policies and
regulations that affect unincorporated areas of Orange County; and consider
adoption of Negative Declaration No. IP 15-115 and other findings - All
Districts |
B.O. |
CLOSED PUBLIC HEARING |
45123 |
APPROVED AS RECOMMENDED |
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RESO: 15-112 |
36. |
Public
Hearing to consider second reading and adoption 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" - Districts 3, 4 & 5 (First reading on 9/22/15, Item 58) |
54123 |
APPROVED AS RECOMMENDED |
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ORD: 15-018 |
V. CLOSED SESSION (Items CS-1-SCS5)
GENERAL ADMINISTRATION
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County Counsel: |
CS-1. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD,
COUNTY COUNSEL READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF JAMES E. DOVEY,
ETC., ET AL. V. NIGUEL SHORES COMMUNITY ASSOCIATION, ET AL. A COPY OF THE AGREEMENT IS AVAILABLE FROM
THE OFFICE OF CLERK OF THE BOARD. |
CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD,
NO REPORTABLE ACTION |
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Human Resource
Services: |
CS-3. |
PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): |
B.O. |
HELD,
NO REPORTABLE ACTION |
CS-4. |
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
B.O. |
HELD,
NO REPORTABLE ACTION |
SCS5. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
Stephanie
Ellison, Jacqulyn Peter - Oral Re: No Kill Shelter Alliance; policies at OC
Animal Care; need for Oversight Board; thanked those involved with saving
Karma. |
Nik Peter - Oral Re: No Kill Shelter
Alliance; policies at OC Animal Care; need for Oversight Board; thanked those
involved with saving Karma; need for new shelter and needed repairs at
current shelter. |
Rose Tingle - Oral Re: OC Animal Care and
the need for more than one shelter in Orange County. |
COUNTY EXECUTIVE OFFICER COMMENTS:
None |
BOARD COMMENTS:
Supervisor Do - Oral Re: Thanked OC Parks
and OCCR staff for concert at Mile Square Park. |
Vice Chair Bartlett - Oral Re: 20th
Anniversary of Cal Optima celebration on 11/14/15. Requested contact
information of public speakers for their input on OC Animal Care (OCAC)
policies. Wants to look at possibly adding animal behaviorist at OCAC. |
Chairman Spitzer - Oral Re: Holding Peters Canyon workshop 10/7/15, 5:30 - 7:30 p.m. at Orange County Fire Authority. 1000 N. Kraemer workshop held last week regarding potential homeless shelter. Directed CEO to look at possibly using alternate site for Board public hearing regarding 1000 N. Kraemer shelter in order to accommodate public. Directed CEO to meet with OCFA staff regarding OCFA's savings in Workers Compensation costs and alternative dispute resolution and return to the Board at a later date. |
ADJOURNED:
3:40 P.M.
53124 |
Adjourned in memory of Kim Dietz |
***
KEY ***
Left Margin
Notes |
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1. = Supervisor Do |
A. = Abstained |
2. = Supervisor Steel |
X. = Excused |
3. = Supervisor Spitzer |
N. = No |
4. = Supervisor Nelson |
BO = Board Order |
5. = Supervisor Bartlett |
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ORD. = Ordinance |
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RESO. = Resolution |
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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 |