REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, November 10, 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:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

INTERIM CLERK OF THE BOARD

 

Robin Stieler

 

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

 

Supervisor Do presented a resolution commemorating the 240th Birthday of the United States Marine Corps to the USMC Recruiting Command of Orange County

 

II.   CONSENT CALENDAR (Items 1-17)

 

14253

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 3 WHICH WAS CONTINUED TO 12/8/15, 9:30 A.M.; ITEM 6 WHICH WAS CONTINUED TO 12/15/15, 9:30 A.M.; AND ITEM 17 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Chairman Spitzer - Orange County Human Relations Commission - Reappoint Richard Steinberg, Lake Forest, for term ending 11/9/17

 

2.

Supervisor Do - Orange County Planning Commission - Appoint Trung "Joe" Q. Ha, Westminster, for term concurrent with 1st District Supervisor's term of office

 

ELECTED DEPARTMENT HEADS

 

3.

District Attorney - Approve Memorandum of Understanding with Orange County Society for the Prevention of Cruelty to Animals for free pet therapy services for certain individuals who participate in legal proceedings - All Districts

14253

CONTINUED TO 12/8/15, 9:30 A.M.

 

 

Sheriff-Coroner:

 

4.

Accept one-time donation valued at $13,297 from Orange County Sheriff's Advisory Council to install drought-resistant landscaping, Katella Training Facility; and make California Environmental Quality Act and other findings - District 3

 

5.

Receive bids and award contract to Interfinish Corp., Inc. for replacement of carpet and vinyl floor tiles on the fourth and sixth floors of Brad Gates Forensic Science Building ($171,853); and make California Environmental Quality Act and other findings - District 1

 

6.

Approve amendment 2 to agreement with The Reynolds Group for additional testing, monitoring and reporting of environmental site assessment, James A. Musick Facility Phase 1 Jail project ($29,520; cumulative total $127,535); authorize Sheriff-Coroner or designee to execute amendment; and make California Environmental Quality Act and other findings - Districts 3 & 5

14253

CONTINUED TO 12/15/15, 9:30 A.M.

 

7.

Approve amendment 1 to license agreement PM 462-6620-03-19-23.1 with City of Irvine for continued use of space for training purposes at Sheriff's Katella Training Facility, Orange ($1,262.50; cumulative total $3,931.50); five year term commencing date of execution; renewable for five year period; and make California Environmental Quality Act findings and other findings - District 3

 

 

Treasurer-Tax Collector:

 

8.

Approve agreement MA-074-16010777 with OPEX Corporation for maintenance of mail processing equipment, 12/1/15 - 11/30/18 ($107,213); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

 

9.

Approve amendment 1 to Memorandum of Understanding with Superior Court, for establishing a separate bank account for Juvenile Traffic Citation revenue; and authorize Treasurer-Tax Collector to execute Memorandum of Understanding - All Districts

 

JOHN WAYNE AIRPORT

 

10.

Approve plans and specifications and set bid opening for 12/16/15, 2:00 p.m. for Lighting System Upgrades project - District 2

 

OC PUBLIC WORKS

 

11.

Select various firms in ranked list for on-call architect-engineer and professional consultant historical architecture services, 11/10/15 - 11/9/20; authorize negotiation of agreements for Board approval; and make California Environmental Quality Act and other findings - All Districts

 

12.

Approve agreement MA-080-16010174 with GEI Consultants, Inc. for on-call architect-engineer support services for environmental regulation, 11/10/15 - 11/9/18 ($400,000); authorize Director or designee to execute agreement; and make California Environmental Quality Act and other findings - All Districts

 

13.

Acting as the Board of Supervisors - approve and execute quitclaim deed to Orange County Flood Control District; Acting as Board of Supervisors and Orange County Flood Control District - approve and accept quitclaim deed from Orange County; approve and execute quitclaim deed to Orange County Transportation Authority for removal of liability and maintenance obligations for superseded Bixby Channel right of way at State Route 405 Freeway, near Seal Beach Blvd.; and make related findings - District 2

 

GENERAL ADMINISTRATION

 

14.

Clerk of the Board - Approve 2016 Board of Supervisors regular meeting schedule - All Districts

 

15.

Clerk of the Board and County Counsel - Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Auditor-Controller, Board of Supervisors First District, Board of Supervisors Fourth District, Clerk of the Board, Clerk-Recorder, County Counsel, County Executive Office, Department of Child Support Services, District Attorney, Health Care Agency, John Wayne Airport, OC Community Resources, OC Dana Point Harbor, OC Public Works, OC Waste & Recycling, Probation, Public Defender, Registrar of Voters, Sheriff-Coroner, Social Services Agency and Treasurer-Tax Collector - All Districts

 

16.

County Executive Office - Receive and file Quarterly Information Technology Project Progress Detail Report for 1st Quarter FY 2015-16 - All Districts

 

17.

Supervisor Steel - Direct Auditor-Controller in accordance with Election Code section 9160(c), to prepare and within sixty days provide to the Board a fiscal impact statement describing and summarizing fiscal costs of measure establishing a Campaign Finance and Ethics Commission, approved for placement on 6/7/16 election ballot

14253

CONTINUED TO 12/15/15, 9:30 A.M.; DIRECTED STAFF TO DO AN ANALYSIS DEFINING FISCAL COSTS TO ESTABLISH CAMPAIGN FINANCE AND ETHICS COMMISSION AS THE BALLOT MEASURE WAS PREPARED; CONDUCT A COMPARISON OF THE COSTS OF OTHER COMMISSIONS WITHIN ORANGE COUNTY OR  ETHICS COMMISSIONS THOUGHOUT THE STATE; AND TO COORDINATE WITH THE AUDITOR-CONTROLLER. 

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 18-35)

 

ELECTED DEPARTMENT HEADS

 

18.

Clerk-Recorder - Approve amendment 2 to Multi-County agreement with Counties of Los Angeles, Orange, Riverside and San Diego for shared ownership and ongoing maintenance of Statewide Electronic Courier Universal Recording Environment electronic recording delivery system ($250,000; new total $3,168,875) effective upon Board approval through 8/18/18; and authorize Clerk-Recorder or his designee to execute agreement - All Districts

15243

APPROVED AS RECOMMENDED

 

 

District Attorney:

 

19.

Approve amendment 3 to renew agreement MA-026-13010867 with Southern California Private Investigators, Inc. for document analysis services, 1/1/16 - 12/31/16 ($200,000; cumulative total $800,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

14253
    N

APPROVED AS RECOMMENDED

 

20.

Approve amendment 2 to renew agreement MA-026-14010833 with Bode Cellmark Forensics, Inc. for forensic DNA testing services, 1/1/16 - 12/31/16 ($995,000; cumulative total $2,985,000); and authorize Purchasing Agent or authorized Deputy to execute amendment - All Districts

14253

APPROVED AS RECOMMENDED

 

21.

Treasurer-Tax Collector - Approve retroactive agreement M597504 with California Employment Development Department to obtain confidential wage, employer and insurance claim data, 1/1/15 - 12/31/18 ($15,706.70); and authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts

54123

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

22.

Ratify retroactive agreement 15-78008-000 with California Department of State Hospitals for conditional release program, 7/1/15 - 6/30/16 ($1,482,349); and authorize Director or designee to execute agreement - All Districts

41253

APPROVED AS RECOMMENDED

 

23.

Ratify retroactive amendment 2 (7/1/15 - 6/30/16) to agreement 14-90077 with California Department of Health Care Services for substance use disorder services, 7/1/14 - 6/30/17 ($948,796; new total $21,019,473; cumulative total $61,205,775); and authorize Director or designee to execute amendment - All Districts

15243

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

24.

Approve Commercial Day Camp Licenses with U.S. Ocean Safety, Inc. dba OC Lifeguards and California Junior Lifeguard Programs, Inc. for Junior Lifeguard Programs, Salt Creek Beach, five year term with option to extend for additional five years; and make California Environmental Quality Act and other findings - District 5

54123

APPROVED AS RECOMMENDED

 

25.

Approve amendment 2 to agreement MA-012-14010024 with Parking Concepts, Inc. for parking management services at OC Parks facilities, 1/1/16 - 12/31/16; and authorize County Purchasing Agent or authorized Deputy to execute amendment - All Districts

15243

APPROVED AS RECOMMENDED

 

26.

Acting as the Board of Supervisors and Orange County Housing Authority - Receive and file the Affordable Housing Strategic Plan and approve Strategic Affordable Housing Implementation Plan recommendations and Regional Housing Needs Assessment transfer credit options; and authorize Director or designee to make related implementation plan actions - All Districts (Continued from 10/20/15, Item 16)

45123

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

27.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Adding Section 6-6-1 of the Codified Ordinances of the County of Orange Related to Performance and Development Standards for Wireless Communications Facilities Within County Highways" - All Districts (Continued Attachment B from 10/20/15, Item 26; 1st reading was heard on 10/27/15, Item 20)

25143

APPROVED AS RECOMMENDED

 

 ORD: 15-020

 

28.

Receive bids and award contract to Sukut Construction, LLC for Phase VIIIB-1 Buttress and Liner Construction Project at Frank R. Bowerman Landfill ($11,127,323) - District 3

34125

APPROVED AS RECOMMENDED

 

29.

Receive bids and award contract to CJW Construction, Inc. for maintenance and dredging project in Dana Point Harbor ($3,926,100) - District 5

53124

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

30.

Accept California Governor's Office of Emergency Services Child Abuse Treatment Program grant funds 10/1/15 - 9/30/16 ($225,000); and approve agreement FRB1715 with Olive Crest and Child Guidance Center, Inc. for comprehensive treatment services to child victims of abuse and violence, 11/10/15 - 9/30/20 ($1,778,750) - All Districts

53124

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

31.

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

15243

APPROVED AS RECOMMENDED

 

32.

Adopt resolution determining no exchange of property tax revenues will occur for the Meyer Reorganization to City of Anaheim (RO 15-01) as a result of the detachment of property from Municipal Water District of Orange County - District 3

34125

APPROVED AS RECOMMENDED

 

RESO: 15-121

 

33.

Approve grant applications/awards submitted by Health Care Agency, OC Community Resources/OC Community Services and OC Public Works in 11/10/15 grant report and other actions as recommended; adopt resolution authorizing HCA Director or designee to submit grant applications for continued funding of various department programs and directing annual submittal of a list of routine continued funding grant applications for Board approval; adopt resolutions authorizing HCA Director or designee to submit and execute applications, related documents and amendments to State Department of Resources Recycling and Recovery (CalRecycle) for Local Enforcement Agency grant, Waste Tire Enforcement grant and Used Oil Payment Program; and adopt resolution authorizing OC Public Works Director or designee to negotiate, execute agreements and amendments with California Coastal Commission for Whale Tail grant ($20,000) - All Districts

15243

APPROVED AS RECOMMENDED

 

RESO: 15-122 - 15-126

 

34.

Human Resource Services - Approve agreement with Standard Insurance Company for Long-Term Disability Insurance, third-party administration of County's self-insured Short-Term Disability Insurance plan and Reserve Deputy Sheriff Disability Income Protection Plan for certain represented eligible employee units, 1/1/16 - 12/31/18; renewable for two additional one-year periods; and authorize Chief Human Resources Officer or designee to execute agreement and to make any changes to document as required by law or regulatory authority - All Districts

52143

APPROVED AS RECOMMENDED

 

35.

Chairman Spitzer and Supervisor Do - Relating to the independent oversight and review of County operations, receive and file updated progress report of Special Counsel Michael Gennaco; provide direction to County Counsel and Mr. Gennaco to prepare amendments to Article 18 of Division 2 of Tile 1 of the Codified Ordinances of the County of Orange pertaining to the Office of Independent Review (OIR) that (1) amend the jurisdiction of the OIR to additionally include oversight and review of the Probation Department, Office of the District Attorney, Office of Public Defender, and the Social Services Agency, (2) enhance the reporting obligations of the OIR to the Board of Supervisors

13245
  NN

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:  Gaylan Harris, et al. v. County of Orange, United States District Court Case No. SA09CV00098- AG (MLGx)

B.O.

HELD, THE CHAIRMAN READ: THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED COUNTY COUNSEL TO SUBSTITUTE THE FIRM RENNE SLOAN HOLTZMAN SAKAI LLP, FOR MEYERS NAVE IN THE CONTINUING DEFENSE IN THE MATTER OF GAYLAN HARRIS, ET AL. V. COUNTY OF ORANGE; AND AUTHORIZED COUNTY COUNSEL TO EXECUTE THE COUNTY'S STANDARD LEGAL SERVICES AGREEMENT WITH RENNE SLOAN HOLTZMAN SAKAI LLP, AND TO INCLUDE AN INCREASE THE COUNSEL'S HOURLY RATE IN THE COUNTY IN THE MATTER OF GAYLAN HARRIS, ET AL. V. COUNTY OF ORANGE.

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED  LITIGATION - INITIATION OF LITIGATION pursuant to Government Code section 54956.9(d)(4):
Number of Cases:  One Case

B.O.

HELD, NO REPORTABLE ACTION

 

CS-3.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  Orange County Flood Control District owned +/- 95 acre property located at the intersection of Mountain Avenue and Bickmore Avenue, Chino, CA
County Negotiator:  Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:  Future Lessees or Purchasers
Under Negotiation:  Terms and Value of Future Lease or Sale

B.O.

HELD, NO REPORTABLE ACTION

 

 

Human Resource Services:

 

CS-4.

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

B.O.

HELD, NO REPORTABLE ACTION

 

CS-5.

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

 

SCS6.

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

B.O.

HELD, THE CHAIRMAN READ: BY A UNANIMOUS VOTE, APPOINTED ROBIN STIELER AS CLERK OF THE BOARD, SUBJECT TO RATIFICATION OF AN EMPLOYMENT AGREEMENT AT THE BOARD MEETING ON NOVEMBER 17, 2015.

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re: Report by Michael Gennaco, OIR, District Attorney, approval of Ethics Commission, Tseglins, Public Defender

 

Julie Sargent - Oral Re: Support of Kinship Center

 

Ilya Tseglin - Oral Re: Oversight of Social Services Agency, Public Defender, police, and courts, Public Defender's office misrepresenting clients, conservatorship of son, Nate Tseglin

 

Robert Tseglin - Oral Re: OIR, courts and Public Defender, Adult Protective Services, Child Protective Services

 

Nick Berardino - Oral Re: United States Postal Service community unveiling of Vietnam War 50th Anniversary Medal of Honor stamp on Wednesday, Nov. 11, 2015 at the OC Fair & Event Center; and the 240th Birthday of the United States Marine Corps

 

Robert Ruble - Oral Re: Support of Kinship Center

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Vice Chair Bartlett - Oral Re: Congratulated OC Parks for winning project of the year for the Aliso and Wood Canyons Entry Improvement Project

 

Chair Spitzer - Oral Re: Announced special meeting to be held on November 17, 2015 at 11:00 a.m. regarding homeless shelter, 1000 N. Kraemer

 

ADJOURNED:  1:20 P.M.

53124

Adjourned in memory of Gene Burrus

 

23145

Adjourned in memory of Sangju Sung and George Stelle

 

 

***  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