REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, October 16, 2018,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

ANDREW DO

CHAIRMAN

First District

 

 

SHAWN NELSON                           

VICE CHAIRMAN                          

Fourth District

 

 

MICHELLE STEEL

SUPERVISOR

Second District

 

 

 

TODD SPITZER                           

SUPERVISOR                             

Third District

 

 

LISA A. BARTLETT

SUPERVISOR

Fifth District

 

ATTENDANCE:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Valerie Sanchez, Chief Deputy Clerk

 

INVOCATION:  Supervisor Bartlett, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Steel, Second District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairman Do presented a resolution proclaiming October 2018 as "Domestic Violence Awareness Month"

 

II.   CONSENT CALENDAR (Items 1-17)

 

32451

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 1, 5, 14 AND 17 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

DEPARTMENT APPOINTMENTS

 

1.

Health Care Agency - Orange County Mental Health Board - Appoint Karyl Dupee, Garden Grove, to complete term ending 8/14/19; and Robert McCarron, Laguna Hills, to complete term ending 3/14/21 - All Districts

34251

APPROVED AS RECOMMENDED

 

2.

OC Community Resources - Acting as the Orange County Housing Authority - Housing and Community Development Commission - Appoint Wayne Carvalho, Fullerton, to complete term ending 6/30/20 - All Districts

 

ELECTED DEPARTMENT HEADS

 

3.

Sheriff-Coroner - Receive and file annual Inmate Welfare Fund Revenue and Expenditure Reports for FY 2017-18 - All Districts

 

HEALTH CARE AGENCY

 

4.

Approve amendment 2 to renew contract MA-042-18010501 with Language Line Services, Inc. for language interpretation and translation services, 11/1/18 - 10/31/20 ($300,000; cumulative total $382,500); renewable for two additional one-year terms; and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

 

OC COMMUNITY RESOURCES

 

5.

Accept donation of $10,000 from the Friends of the Dana Point Library to purchase books and materials for children, teens and adults - District 5

54231

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

6.

Authorize donation of used books to local libraries and other entities; and make related findings - All Districts

 

7.

Approve plans, specifications and bid documents, set bid opening for 11/21/18, 2:00 p.m. for Ralph B. Clark Regional Park Pedestrian Bridge Replacement Project; and make California Environmental Quality Act and other findings - District 4

 

8.

Approve Assignment, Novation and Consent Agreement MA-012-16010516 with ATI Engineering Services, Inc. dba ATI Architects & Engineers, to transfer and assign existing agreement to ATI-AC Martin, Inc. dba ATI Architects + Engineers, effective 10/16/18; and authorize Director or designee to execute agreement - All Districts

 

9.

Approve Assignment, Novation and Consent Agreement MA-080-1001361 with MWH Americas, Inc., to transfer and assign existing agreement to Stantec Consulting Services, Inc., effective 10/16/18; and authorize Director or designee to execute agreement - District 3

 

10.

Approve amendments to various contracts with Amec Foster Wheeler Environment & Infrastructure, Inc. to reflect corporate name change to Wood Environment & Infrastructure Solutions, effective 4/16/18; and authorize Director or designee to execute amendments - All Districts

 

11.

Acting as the Orange County Flood Control District - Approve 20-year lease with City of Yorba Linda for equestrian center; adopt resolution making related findings; authorize Director or designee to perform lease activities and execute subsequent amendments under certain conditions; and make California Environmental Quality Act and other findings - District 3

 

RESO: 18-108

 

12.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve cost share agreement MA-080-18010044 with City of Dana Point and MBR Operating Co., Inc. dba Monarch Beach Resort to offset cost of bird abatement services, Monarch Beach; authorize Director or designee to execute agreement and future renewals under certain conditions; and make California Environmental Quality Act and other findings - District 5

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

13.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Newport-Mesa Unified School District - District 2

 

14.

Approve initial Conflict of Interest Code for Orange Countywide Oversight Board - All Districts

34251

APPROVED AS RECOMMENDED

 

15.

Approve 2019 Board of Supervisors regular meeting schedule - All Districts

 

16.

County Executive Office - Approve amendment 2 to renew lease agreement with Beach HPY, LLC for office space for Health Care Agency at 6301 Beach Boulevard, Buena Park, term ending 12/31/23; authorize Chief Real Estate Officer or designee to execute subsequent lease amendments for non-monetary or monetary changes under certain conditions; and make California Environmental Quality Act and other findings - District 4

 

17.

Chairman Do - Receive and file 24th Annual Report on the Conditions of Children in Orange County

13245

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 18-S32C)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

18.

Approve amendment 4 to renew contract MA-060-15010983 with Stancil Corporation for SLR-Stancil Voice Logging Recorders and Network-Attached Storage server maintenance, 12/1/18 - 11/30/19 ($22,562; cumulative total $106,898); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

54231

APPROVED AS RECOMMENDED

 

19.

Approve amendment 1 to renew contract MA-060-17010589 with Assured Audiovisuals, Inc. for purchase of televisions, delivery, installation, maintenance and repair services, 12/13/18 - 12/12/20 ($440,000; cumulative total $880,000); renewable for one-year term; and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

45231

APPROVED AS RECOMMENDED

 

20.

Approve contract MA-060-19010294 with All City Management Services, Inc. for crossing guard services, 11/1/18 -10/31/20 ($1,221,652); renewable for one additional two-year term and one additional one-year term; authorize Sheriff-Coroner or designee to exercise cost contingency increase not to exceed 10% under certain conditions; and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

54231

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

21.

Approve contract 18-23-0050-CoC with The Chrysalis Center for homeless prevention supportive services, 11/1/18 - 6/30/19 ($200,000); authorize Director or designee to execute contract, exercise cost contingency increase or decrease not to exceed 10% and make line item budget transfers and corresponding changes under certain conditions - Districts 1, 3 and 4

45231

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

22.

Approve new Records Retention Schedule 385 for Campaign Finance and Ethics Commission; and authorize continued disposition of records in accordance with the recommended schedule and legal requirements - All Districts (4/5 vote)

35241

APPROVED AS AMENDED TO INCLUDE LANGUAGE THAT IF THE COUNTY OR THE CAMPAIGN FINANCE AND ETHICS COMMISSION HAS RECEIVED NOTICE OF A PENDING ENFORCEMENT ACTION, THAT RECORDS RELATING TO THE ENFORCEMENT ACTION SHALL BE PRESERVED

 

23.

Approve contract MA-080-19010130 with Mark Thomas & Company, Inc. for architectural-engineering and design services for Brea Boulevard/Brea Canyon Road Widening Project, three-year term, ($3,129,503); renewable for two additional one-year terms; and authorize Director or designee to execute contract - District 4

54231

APPROVED AS RECOMMENDED

 

24.

Consider second reading and adoption of "An Ordinance of the Board of Supervisors of the County of Orange Authorizing the Execution and Delivery of a Facility Lease, a Ground Lease and Other Documents and Matters Related Thereto" - District 1 (Continued from 9/25/18, Item 40)

14235

APPROVED AS RECOMMENDED

 

 ORD: 18-008

 

25.

Approve amendment 1 to contract MA-012-18010442 with CJW Construction, Inc. for additional construction services related to Aliso and Wood Canyons Wilderness Park New Visitors Center ($511,740.90; new total 4,111,740.90); authorize Director or designee to execute amendment; authorize Chief Engineer to adopt plans, specifications and working details for remaining phases of the project; and consider application of prior Final Mitigated Declaration No. IP 08-269 and other findings - District 5

53241

APPROVED AS RECOMMENDED

 

26.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve amendment 4 to renew contract MA-080-15010314 with Natures Image, Inc. for mitigation maintenance services, 12/1/18 - 11/30/19 ($400,000; cumulative total $2,000,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

45231

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

27.

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

45231

APPROVED AS RECOMMENDED

 

28.

Approve amendment 1 to extend contract MA-017-14010752 with Riskonnect, Inc. for risk and claims management information system solution and services, 12/10/18 - 12/9/20 ($166,588; cumulative total $705,933); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

45231

APPROVED AS RECOMMENDED

 

29.

Approve grant applications/awards submitted by Social Services Agency, Sheriff-Coroner, OC Community Resources, and District Attorney and retroactive grant applications/awards submitted by OC Community Resources in 10/16/18 grant report and other actions as recommended; adopt resolution authorizing Sheriff-Coroner or designee to execute and submit application and grant assurance to California Office of Emergency Services for FY 2018 Emergency Management Performance Grant ($775,004); and approve related actions under certain conditions; adopt resolution authorizing OC Community Resources Director or designee to negotiate, execute and submit applications related documents and amendments to State Department of Parks and Recreation for Habitat Conservation Fund Program for Ted Craig Regional Park Lake Restoration project; adopt resolution authorizing District Attorney or designee to submit and execute grant agreement with California Department of Insurance for Life and Annuity Consumer Protection Program, 7/1/18 - 6/30/19 ($231,875); and make California Environmental Quality Act and other findings - All Districts

43251

APPROVED AS RECOMMENDED

 

RESO: 18-109 - 18-111

 

30.

Approve amendment 13 to master services agreement MA-017-13011864 with Science Applications International Corporation for data center operations, service desk, desktop support and applications services ($354,084 decrease; new cumulative total $125,764,541); and authorize Chief Information Officer or designee to execute amendment - All Districts

54231

APPROVED AS RECOMMENDED

 

31.

Approve agreement with Science Applications International Corporation for managed network, voice and security services agreement year one running from 10/17/18 - 6/30/20 in amount of $23,675,635, agreement year two running from 7/1/20 - 6/30/21 in the amount of $13,249,476, agreement year three running from 7/1/21 - 6/30/22 in the amount of $13,132,440, and an additional reserved amount for other projects in the amount of $6,157,900 (cumulative total $56,215,451); renewable for two additional one-year terms; authorize Chief Information Officer or designee to execute agreement; and make California Environmental Quality Act and other findings - All Districts

54231

APPROVED AS RECOMMENDED

 

32.

Human Resource Services - Approve amendment 2 to contract with Mercer Investment Consulting LLC for investment consulting services, 11/19/18 - 11/18/19 ($210,000; cumulative total $1,550,000); and authorize Chief Human Resources Officer or designee to execute amendment - All Districts

45231

APPROVED AS RECOMMENDED

 

S32A.

Chairman Do - Reappoint Supervisors Lisa A. Bartlett as Regular Member and Andrew Do as Alternate Member to California State Association of Counties for FY 2018-19 term

51234

APPROVED AS RECOMMENDED

 

S32B.

Supervisor Spitzer - Receive and file October 3, 2018 letter from County Counsel to Global Tel*Link Counsel requesting information related to recordings between attorneys and inmates in Orange County jails; receive report from Sheriff-Coroner that measures have been taken to prevent further breaches; discuss whether to terminate agreement MA-060-18010006 with Global Tel*Link Corporation; and provide direction to Sheriff-Coroner concerning procurement of legally-mandated inmate telephone services

3   

MOTION TO GIVE 30 DAY NOTICE TO GLOBAL TEL*LINK AND DIRECT COUNTY EXECUTIVE OFFICER AND THE DIRECTOR OF THE OFFICE OF INDEPENDENT REVIEW TO RETURN TO THE BOARD WITH AN INTERIM SOLE SOURCE CONTRACT FAILED TO RECEIVE A SECOND

 

34251
  NNN

MOTION TO GIVE 30 DAY NOTICE TO GLOBAL TEL*LINK FAILED TO CARRY

 

ELECTED DEPARTMENT HEADS

 

S32C.

District Attorney - Consider first reading of "An Ordinance of the County of Orange, California Adding Division 14, Article 1 to Title 4 of the Codified Ordinances of the County of Orange Regarding Registration of Alcohol, Narcotic, and Drug Abuse Programs"; and set second reading and adoption for 10/30/18, 9:30 a.m. - All Districts

52341
  AA

APPROVED AS RECOMMENDED AND DIRECTED STAFF TO CONDUCT A COST STUDY ANALYSIS ON REGISTRATION FEES AND COMPLIANCE MONITORING FOR A COUNTYWIDE INITIATIVE AND RETURN TO THE BOARD IN 60-90 DAYS

 

IV.  PUBLIC HEARINGS (Item 33)

 

GENERAL ADMINISTRATION

 

33.

County Executive Office - Public Hearing to consider adopting resolution approving issuance of California Enterprise Development Authority Revenue Obligations ($43,000,000) for benefit of Lutheran High School - Orange County, Inc. dba Crean Lutheran High School, a California nonprofit religious corporation - District 3

B.O.

CLOSED PUBLIC HEARING

 

34251

APPROVED AS RECOMMENDED

 

RESO: 18-112

 

V.   CLOSED SESSION (Items CS-1-SCS2)

 

GENERAL ADMINISTRATION

 

CS-1.

Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Robert Leys
Employee Organizations:  Association of Orange County Deputy Sheriffs (AOCDS), United Domestic Workers of America (UDWA), International Union of Operating Engineers (IUOE), and other non-represented employees
RE:  Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

SCS2.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Orange County Catholic Worker, et al. v. County of Orange, et al., United States District Court Case No. 8:18-cv-00155-DOC-JDE. David Ramirez, et al. v. County of Orange, United States District Court Case No. 8:18-cv-0220-DOC-JDE

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Brigitte - Oral re: Scandals by District Attorney, Ilya Tseglin's autistic adult son taken from home; malicious prosecution by probate court; Supervisor Spitzer running for office; corruption and coverup with restraining order

 

Ilya Tseglin - Oral re: Orange County courts and pleading for his son's life for six years; American constitution and rule of law; Son Nate Tseglin is the grandson of Holocaust survivor and being placed in group home is like being placed in concentration camp; Public money stolen by criminals like Larry Landauer, judges, Public Defender, Social Services

 

Robert Tseglin - Oral re: Nate Tseglin probate case; removed from home and placed in group homes and released to home for six years until Irvine Police removed him; psychotropic drugs causing seizures; concealing medical records

 

Lou Noble - Oral re: Nate Tseglin and Board's inability to help him; mental health issues and placements in group homes; Shelters do not work unless people are treated humanely and offered transitions to homes and jobs

 

Bryan Kaye - Oral re: District Attorney; the definitions of the words intelligence, ignorance and stupid; round up is not safe; mental health medication Paxil; Kelly Thomas and Ron Thomas; empty jail beds; HIPPA violations and threatening to kill people for being mentally ill

 

Ana Ramirez -Oral re: Truth Act Forum and would like to confirm the time and place; other counties have already held their forums

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Supervisor Spitzer - Oral re: Angels baseball opted out of stadium lease with Anaheim and the County should be engaged in conversations with business groups on retaining sports franchises so the County does not lose a team

 

Supervisor Bartlett - Oral re: Kittens found in landfill and thanked Selwyn Weinert and other landfill staff for their efforts to rescue the kittens and coordinate with San Clemente-Dana Point Animal Shelter to get the kittens into foster care and will be available for adoption around Thanksgiving

 

ADJOURNED:  2:42 P.M.

 

 

***  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

                                                                                   

 

 

 

 

                                                                       

   Orange County Clerk of the Board