REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, October 7, 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

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Susan Novak

 

INVOCATION:  Vice Chair Bates, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Spitzer, Third District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-8)

 

13254

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 3, 5 & 8 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Chairman Nelson - Community Action Partnership of Orange County - Appoint Douglas Wooley, Fullerton, for term concurrent with 4th District Supervisor's term of office

 

ELECTED DEPARTMENT HEADS

 

2.

Auditor-Controller - Authorize Auditor-Controller to delete damaged, dismantled, missing, obsolete, stolen and surplused equipment items from department capital asset inventories - All Districts (Continued from 9/16/14, Item 5)

 

3.

District Attorney - Adopt resolution approving amendment to FY 2013-14 Federal Equitable Sharing Agreement and Certification Report - All Districts

32154

APPROVED AS RECOMMENDED

 

RESO: 14-090

 

CHILD SUPPORT SERVICES

 

4.

Approve master agreement with various providers for Paternity Opportunity Program Services, 12/1/14 - 11/30/19 ($650,000); and authorize Director or designee to execute individual agreements - All Districts

 

JOHN WAYNE AIRPORT

 

5.

Authorize Director to allocate regulated Class A average daily departures, permanent Class E average daily departures, seat capacity, remain overnight and passenger capacity to scheduled commercial passenger, cargo and commuter carriers under Phase 2 Commercial Airline Access Plan and Regulation for 2015 Plan Year; approve related actions; and consider application of prior Environmental Impact Report No. 582 and other findings - District 2

23154

APPROVED AS RECOMMENDED

 

6.

Approve agreement MA-280-14011682 with Schneider Electric USA Inc. for Power Disturbance Monitoring System upgrade and maintenance, 10/7/14 - 10/6/19 ($98,896.19); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - District 2

 

OC PUBLIC WORKS

 

7.

Acting as the Orange County Flood Control District - Approve contract and indemnification agreement with Southern California Edison for extension of electric distribution line and for relocation of power poles for Yorba Slaughter Adobe Protection Dike Project ($138,540.36); authorize Auditor-Controller to make related payments; and consider application of Final EIR No. 583, previously certified by the Orange County Planning Commission and the Addendum previously approved by the US Army Corp to the requested action, and other findings - All Districts

 

SOCIAL SERVICES AGENCY

 

8.

Approve subordinate agreement MA-063-15010426 with State of California, Department of Justice for processing and payment of expenditures for fingerprint and  FBI background check reports, 11/1/14 - 10/31/19 ($650,000); authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

25134

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 9-S18A)

 

ELECTED DEPARTMENT HEADS

 

9.

District Attorney - Approve amendment 9 to agreement MA-026-11012394 with Community Service Programs, Inc. for FY 2014-15 Gang Reduction Intervention Partnership Community Event Coordination Services ($43,302; new total $3,534,596); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

23154

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

10.

Approve selection of and agreement with Access California Services for refugee health services, 11/1/14 - 9/30/15 ($229,185); and authorize Director or designee to execute agreement and to exercise contingency cost increase of 10% under certain conditions - All Districts (Continued from 9/30/14, Item 28)

51234

APPROVE AS AMENDED TO MAKE AGREEMENT EFFECTIVE ON 10/8/2014 WITH PRORATION OF AGREEMENT AMOUNT FOR ADDITIONAL DAYS; RENEWABLE FOR 2 ONE YEAR EXTENSIONS WITH BOARD APPROVAL

 

OC DANA POINT HARBOR

 

11.

Approve lease agreement amendment form to modify leases with retail and small restaurant merchants at OC Dana Point Harbor; authorize Director or designee to execute amendments; and consider application of prior Environmental Impact Report No. 591 and other findings - District 5

51234

APPROVED AS RECOMMENDED

 

12.

Approve amendment 1 to lease with San Clemente Sportfishing Inc., dba Dana Wharf Sportfishing to authorize tenant improvements to be completed within 18 months; provide an option to extend the current lease an additional ten-years to 10/31/2032; authorize Director or designee to execute amendment; and consider application of prior Environmental Impact Report No. 591 and other findings - District 5

52134

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

13.

Approve retroactive amendment 4 to agreement MA-012-11011754 with RPW Services, Inc. for herbicide spraying services for OC Parks, 3/15/11 - 7/14/14 ($11,899.90; new total $211,899.90); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

32154

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

14.

Receive bids and award Job Order Contracts to PUB Construction, Interlog Corp. dba Interlog Construction, CTG Construction, Inc., Vincor Construction, Inc. and Good-Men Roofing for general contracting services ($2,000,000 each); and make California Environmental Quality Act findings - All Districts

25134

APPROVED AS RECOMMENDED

 

15.

Acting as the Orange County Flood Control District - Approve amendment 3 to agreement D09-122 with MWH Americas, Inc. for construction management services for the Santa Ana River Interceptor Line Project ($717,176; new total $11,570,369); and consider application of prior supplemental Environmental Impact Summary/Environmental Impact Report No. 583 and other findings - District 3

35124

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

16.

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

24135

RECEIVED & FILED

 

17.

Approve amendment 11 to agreement MA-017-10011150 with TW Telecom Holdings, Inc. for wide area network services, 11/14/14 - 11/13/15 ($392,001); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

21354
  NNN

MOTION FAILED TO APPROVE STAFF RECOMMENDED ACTIONS

 

41235
  N 

CONTINUED TO 10/28/14, 9:30 A.M.

 

18.

Approve grant applications/awards submitted by Sheriff-Coroner and District Attorney in 10/7/14 grant report and other actions as recommended; adopt resolution authorizing District Attorney or designee to execute grant agreement and amendments with California Office of Traffic Safety for Alcohol and Drug Impaired Driver Vertical Prosecution Program, 10/1/14 - 9/30/15 ($764,758); and make California Environmental Quality Act and other findings - All Districts

25134

APPROVED AS RECOMMENDED

 

RESO: 14-089

 

S18A.

Chairman Nelson - Consider first reading of "An Ordinance of the County of Orange, California, Prohibiting the Installation of Automated "Red Light" Traffic Enforcement Cameras in Unincorporated Areas Creating Article 8 of Division 1 of Title 6 and Adding Section 6-1-140 to Article 8 of Division 1 of Title 6, to the Codified Ordinances of the County of Orange"; and set second reading and adoption for 10/21/14, 9:30 a.m.

43125

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS6)

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  County of Orange v. Catalina Channel Express, Inc., etc., et al., Orange County Superior Court Case No. 30-2013-00694750-CU-CO-CJC

B.O.

HELD, NO REPORTABLE ACTION

 

CS-2.

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

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

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, THE CLERK READ:  THE BOARD BY A VOTE OF 4 TO 0, SUPERVISORS NELSON, BATES, MOORLACH AND SPITZER VOTING IN FAVOR AND SUPERVISOR NGUYEN ABSTAINING,  APPROVED A PROPOSED SETTLEMENT IN THE CASE OF TIM SHAW 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.

 

SCS4.

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.

NOT HELD

 

 

County Executive Office:

 

SCS5.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:

Property Location:

500 N. State College Blvd., Orange, CA 92868
888 N. Main St., Santa Ana, CA 92701

County Negotiator:

Scott D. Mayer, Chief Real Estate Officer

Negotiating Party:

IX CW 500 Orange Tower, LP
Eastcom Corp

Under Negotiation:

Terms and Value of Leases

B.O.

HELD, NO REPORTABLE ACTION

 

SCS6.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:

Property Location:

Open space property in the City of Anaheim adjacent to Gypsum
Canyon Road and California State Route 91 and open space property
adjacent to and within the City of Orange near the intersection of
Santiago Canyon Road and Jamboree Road

County Negotiator:

Scott D. Mayer, Chief Real Estate Officer

Negotiating Party:

The Irvine Company
RRM Properties

Under Negotiation:

Terms and Value of Future Conveyance

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Ilya Tseglin - Oral Re:  Nate Tseglin, Regional Center

 

Michael Klubnikin - Oral Re:  Tseglins, racketeering, sale of properties

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisor Moorlach - Oral Re:  congratulated the Angels baseball for winning the American League West Division title

 

ADJOURNED:  1:30 P.M.

 

 

***  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