REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, October 28, 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:  Supervisors Nguyen, Moorlach, Spitzer & Nelson

 

EXCUSED:         Supervisor Bates                                                               

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Michael B. Giancola

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Susan Novak

 

INVOCATION:  Supervisor Moorlach, Second 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 1-16)

 

23154
   X

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 7 WHICH WAS CONTINUED TO 11/18/14, 9:30 A.M. AND ITEM 9 WHICH WAS CONTINUED TO 11/25/14, 9:30 A.M.; AND ITEM 3 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE

 

ELECTED DEPARTMENT HEADS

 

1.

Auditor-Controller - Receive and file Internal Audit Quarterly Status Report for July - September 2014 - All Districts

 

 

Sheriff-Coroner:

 

2.

Accept donation of $150,000 from Drug Use Is Life Abuse to fund Deputy Sheriff position in the Sheriff-Coroner's Community Programs/Drug Education Unit - All Districts

 

3.

Receive and file annual Inmate Welfare Fund Revenue and Expenditure Reports for FY 13-14 - All Districts

23154
   X

APPROVED AS RECOMMENDED

 

4.

Approve amendment 3 to agreement MA-060-12010640 with All City Management Services, Inc. for crossing guard services, 11/1/14 - 10/31/15 ($27,341; new total $557,341); and authorize Purchasing Agent or authorized Deputy to execute agreement  - All Districts

 

5.

Approve amendment 4 to agreement MA-060-13011246 with TriTech Software Systems for software support services, 11/15/14 - 11/14/15 ($48,748; new total $364,565); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

CHILD SUPPORT SERVICES

 

6.

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

 

OC COMMUNITY RESOURCES

 

7.

Approve Letter of Intent to City of Garden Grove identifying County's interest in acquiring a City-owned park parcel adjacent to County's Haster Basin Recreation Area; and direct staff to return at a later date with transaction documents for Board approval - District 1

23154
   X

CONTINUED TO 11/18/14, 9:30 A.M.

 

8.

Receive and file FY 2013-14 Developer Fee Deposit Balance Report; and make related findings - All Districts

 

OC PUBLIC WORKS

 

9.

Receive and file Traffic Committee Report dated 8/21/14; approve recommendations and adopt necessary resolution; and make California Environmental Quality Act findings - Districts 3 and 5

23154
   X

CONTINUED TO 11/25/14, 9:30A.M.

 

10.

Approve contract change order 1 to agreement with West Coast Air Conditioning Company, Inc. for Central Utility Facility campus metering project ($130,487.29); authorize Director or designee to execute change order - District 1

 

11.

Approve amendment 1 to Memorandum of Understanding with San Diego County and Riverside County for Proposition 84 grant funding for water quality, flood control, habitat restoration, water supply and water use efficiency projects, extending term six years; authorize Director or designee to execute amendment and future revisions under certain conditions; and make California Environmental Quality Act findings - Districts 3 and 5

 

 

Acting as the Orange County Flood Control District:

 

12.

Approve agreement MA-080-15010071 with Los Cerritos Wetland Authority for wetland and upland restoration services and supplies at Los Alamitos Pump Station, 10/28/14 - 10/28/19 ($155,500); authorize Purchasing Agent or authorized Deputy to execute agreement; and consider application of prior Mitigated Negative Declaration IP03-105 and other findings - District 2

 

13.

Approve Greenville-Banning Channel Improvement Project; authorize staff to develop final plans; and consider adoption of Mitigated Negative Declaration No. IP 14-207 and other findings - District 2

 

SOCIAL SERVICES AGENCY

 

14.

Approve master agreement MA-063-15010577 with The Rushmore Group, LLC for case review system software maintenance, 12/1/14 - 11/30/17 ($56,700); renewable for one additional two-year term ($37,800); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

GENERAL ADMINISTRATION

 

15.

Human Resource Services - Approve amendment 2 to agreement with Standard Insurance Company for Long Term Disability Insurance and to administer Short Term Disability Plan and Reserve Deputy Sheriff Accidental Death and Dismemberment and Disability Protection Plan, 1/1/15 - 12/31/15 ($440,000); and authorize Chief Human Resources Officer or designee to execute amendment - All Districts

 

16.

Internal Audit - Receive and file Monthly Internal Audit Activity Status Report for September 2014 - All Districts

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 17-S41D)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

17.

Approve agreement with Vanir Construction Management, Inc. for AB 900 Phase II 512 bed expansion, James A. Musick Facility ($2,666,676); and authorize Sheriff-Coroner or designee to execute agreement - Districts 3 and 5

31254
   X

APPROVED AS RECOMMENDED

 

18.

Approve agreement CT-060-15010201 with Computer Deductions, Inc. for one-time purchase of a mainframe to service Sheriff's Data Center operations, one year term ($2,453,344); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

21354
   X

APPROVED AS RECOMMENDED

 

19.

Approve amendment 6 to five-year agreement with City of San Juan Capistrano for law enforcement services, 7/1/14 - 6/30/15 ($6,721; new total $7,859,394) - District 5

23154
   X

APPROVED AS RECOMMENDED

 

20.

Approve agreement MA-060-15010542 with Global Tel*Link Corporation for provision of inmate telephone services, one-year period ($4,350,000 revenue); renewable for seven additional years; and authorize Sheriff-Coroner or designee to execute agreement - All Districts

3   

MOTION TO APPROVE STAFF RECOMMENDATIONS AS AMENDED TO CHANGE INITIAL TERM FROM 1 TO 3 YEARS FAILED TO RECEIVE A SECOND.

 

14235
    X

CONTINUED TO 11/25/14, 9:30 A.M.

 

21.

Approve amendment 1 to ten-year lease agreement GA 1227-90 with Sy Corporation, dba Sy Corporation in California for Sheriff's substation, Lake Forest ($1,000,000; new total $10,187,607); and make California Environmental Quality Act findings - District 5

34125
    X

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

22.

Approve ten-year lease agreement with Town & Country Partners for office and clinic space for Mental Health Services Act Prevention and Intervention program, Orange; and make California Environmental Quality Act findings - District 3

32154
   X

APPROVED AS RECOMMENDED

 

23.

Presentation by HCA on Orange County's preparations for Ebola - All Districts

 

PRESENTED

 

JOHN WAYNE AIRPORT

 

24.

Approve agreement MA-280-15010355 with Sterling Energy International, Inc. for operation and maintenance services, John Wayne Airport Central Utility Plant, 1/1/15 - 12/31/17 ($5,000,131); authorize Purchasing Agent or authorized Deputy to execute agreement and to exercise contingency cost increase not to exceed 10 percent; and make California Environmental Quality Act findings - District 2

23154
   X

APPROVED AS RECOMMENDED

 

25.

Approve Air Service Development Incentive Program: Mexico - Phase 2; and consider application of prior Environmental Impact Report No. 617 and other findings - District 2

24135
    X

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

26.

Approve use of up to $500,000 in previously approved Year-Round Emergency Shelter operation funds to allow Armory Emergency Shelters to open for approximately 52 additional days in FY 2014-15; approve amendment 8 to agreement with Mercy House Living Centers, Inc. for additional 52 days for Armory Emergency Shelters, 11/1/14 - 6/30/15 ($1,534,469); and authorize Director or designee to execute amendment and make line item budget transfers and corresponding changes to units of service within existing scope of work - All Districts

23154
   X

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

27.

Approve payments to San Diego Gas & Electric for La Pata Avenue Gap Closure Project ($1,201,460); authorize Director or designee to exercise a contingency cost increase not to exceed 20% of the estimated amount ($200,244); authorize Director or designee to execute related documents; and consider application of prior Final Environmental Impact Report No. 589 and Addendum IP 13-419 and prior Final Environmental Impact Report No. 610 and Addendum IP 14-113 and other findings - District 5

42135
    X

APPROVED AS RECOMMENDED

 

 

Acting as the Board of Supervisors and Orange County Flood Control District:

 

28.

Approve agreement with Orange County Conservation Corps for work crews to support OC Public Works' Operations & Maintenance, five-year term ($300,000 per year); and make California Environmental Quality Act findings - All Districts

23154
   X

APPROVED AS RECOMMENDED

 

29.

Approve agreements D14-048 with RBF Consulting ($500,000); D14-049 with Tetra Tech, Inc. ($500,000); D14-050 with Pacific Advanced Civil Engineering, Inc. ($500,000), for on-call architect-engineering services; each for three year term; and make California Environmental Quality Act findings - All Districts

23154
   X

APPROVED AS RECOMMENDED

 

30.

Approve amendment 4 to agreement MA-080-11012543 with Barry's Security Services, Inc. for unarmed security guard services ($10,000; new total $331,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

24135
    X

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

31.

Approve agreement MA-299-15010501 with Ron Dietz, Inc., dba Dietz Hydroseeding Company for hydroseeding services, 11/23/14 - 11/22/17 ($940,000); renewable for two additional years ($350,000 per year); authorize Purchasing Agent or authorized Deputy to execute agreement; and make California Environmental Quality Act findings - Districts 3, 4 and 5

34125
    X

APPROVED AS RECOMMENDED

 

32.

Select Tetra Tech BAS, Inc. as primary and Geosyntec Consultants as alternate firms for Renewable Technologies Implementation Plan; authorize negotiation of agreement for Board approval; and make California Environmental Quality Act findings - All Districts

24135
    X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

33.

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 (Continued from 10/7/14, Item 17)

24135
    X

APPROVED AS RECOMMENDED

 

34.

Receive and file Real Property Interests under Delegated Authority Report for June 30, 2013 - July 1, 2014; and make California Environmental Quality Act findings - All Districts

24135
    X

RECEIVED AND FILED

 

35.

Approve in concept issuance of short-term Taxable Pension Obligation Bonds for early payment of County's FY 2015-16 employer pension obligation; and select KNN Public Finance as financial advisor, Orrick Herrington & Sutcliffe, LLP as bond and disclosure counsel and J.P. Morgan Securities LLC and Stifel, Nicolaus & Company, Incorporated as underwriters - All Districts

24135
   NX

APPROVED AS RECOMMENDED

 

36.

Approve reimbursement agreement for developer Rancho Mission Viejo to cover costs associated with analyzing and determining the appropriateness of forming Community Facilities District to finance future public facilities and improvements; and authorize County Executive Officer or designee to execute agreement - District 5

32154
   X

APPROVED AS RECOMMENDED

 

37.

Approve updated Legislative Affairs Program guidelines - All Districts

42135
    X

CONTINUED TO 11/25/14, 9:30 A.M.

 

38.

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

 

NO BOARD ACTION

 

39.

Adopt resolution establishing Teeter Plan Tax Loss Reserve Fund balance pursuant to Revenue and Taxation Code Section 4703.2, a minimum of 25% of the total delinquent secured taxes and assessments for participating entities in the County as calculated at end of Fiscal Year; and direct Auditor Controller to transfer excess Tax Loss Reserve Fund balance as revenue to County General Fund - All Districts

24135
    X

APPROVED AS RECOMMENDED

 

RESO: 14-096

 

40.

Approve grant applications/awards submitted by OC Community Resources/OC Community Services and Sheriff Department and OCCR/OC Parks in 10/28/14 grant report and other actions as recommended - All Districts

14235
    X

APPROVED AS RECOMMENDED

 

41.

Chairman Nelson - Approve amendment 1 to agreement with Michael Giancola for the Employment of County Executive Officer (Continued from 10/21/14, Item S23A)

43125
  A X

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S41A.

Sheriff-Coroner - Approve Change Order No. 1 to agreement with Environmental Assessment and
Remediation Inc., dba EAR Engineering, Construction & Support Services for the remediation of the underground fuel tank contamination, James A. Musick Facility ($44,902; new total $224,752); and authorize Sheriff-Coroner or designee to execute change order - Districts 3 and 5

24135
    X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S41B.

Clerk of the Board - Approve 2015 Board of Supervisors Meeting Schedule - All Districts

43125
    X

APPROVED AS RECOMMENDED

 

S41C.

County Counsel - Select law firm of Telecom Law Firm, P.C. to provide advisory services related to
wireless communications facilities; and authorize County Counsel to execute agreement - All Districts

24135
    X

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

S41D.

Rescind Resolution 03-313; authorize Health Care Agency to administer influenza vaccine to interested County of Orange employees on a voluntary basis without charge - All Districts

12354
   X

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (Item 42)

 

OC PUBLIC WORKS

 

42.

Public Hearing to consider first reading of "An Ordinance of the County of Orange, California Amending Sections 7-9-5, 7-9-150.4(a) and 7-9-157 of Article 2 of Division 9 of Title VII of the Orange County Codified Ordinances Regarding the Administrative Appeal of CEQA Determination to the Orange County Board of Supervisors"; set second reading and adoption for 11/18/14, 9:30 a.m; adopt updated Local CEQA Procedures Manual and make California Environmental Quality Act findings - All Districts

B.O.

CLOSED PUBLIC HEARING

 

34125
    X

APPROVED AS RECOMMENDED

 

V.   CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  My-Thuc Crisanto v. County of Orange, WCAB No. ADJ8263209

B.O.

HELD, THE CLERK READ:  THE BOARD BY A UNANIMOUS VOTE, SUPERVISOR BATES BEING ABSENT, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF MY-THUC CRISANTO 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.

 

CS-2.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  500 N. State College Blvd., Orange, CA 92868
County Negotiator: Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:   IX CW 500 Orange Tower, LP
Under Negotiation: Terms and Value of Lease
(Continued from 10/21/14, SCS5)

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

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.

HELD, NO REPORTABLE ACTION

 

SCS4.

County Counsel - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  County Owned or Leased Properties at former MCAS El Toro
County Negotiator:  Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:  Department of the Navy, OCTA and City of Irvine
Under Negotiation:  Terms and Value of Possible Future Sale or Purchase

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Mary Urashima - Oral Re:  preservation of Historic Wintersburg in Huntington Beach

 

Ilya Tseglin & Robert Tseglin - Oral Re:  Nate Tseglin

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Supervisor Nguyen - Oral Re:  flu clinics, 11/4/14 election day

 

Chairman Nelson - Oral Re:  directed CEO to work with HCA to schedule employee flu shot clinics

 

ADJOURNED:  1:15 P.M.

None

 

 

***  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