REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, November 18, 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

 

 

TODD SPITZER                           

VICE CHAIRMAN                          

Third District

 

 

JANET NGUYEN                           

SUPERVISOR                             

First District

 

 

 

JOHN M.W. MOORLACH                     

SUPERVISOR                             

Second District

 

 

PATRICIA BATES                         

SUPERVISOR                             

Fifth District

 

ATTENDANCE:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Michael B. Giancola

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Robin Stieler, Chief Deputy

 

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

 

PLEDGE OF ALLEGIANCE:  Supervisor Nguyen, First District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

II.   CONSENT CALENDAR (Items 1-2)

 

52134

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 1 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE

 

OC COMMUNITY RESOURCES

 

1.

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 (Continued from 10/28/14, Item 7)

13254

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

2.

Vice Chair Bates - Approve Orange County Employees Retirement System regulation permitting waiver of OCERS membership pursuant to Government Code Sections 31525 and 31552

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 3-S11B)

 

ELECTED DEPARTMENT HEADS

 

3.

Sheriff-Coroner - Adopt resolution authorizing revised SB 1022 application to the California Board of State and Community Corrections to comply with cash/in-kind match funding requirements, pledge County Cash Contribution Funds ($356,000), provide related assurances, and amend prior Board Resolution No. 13-104, to allow the County to receive $80 million in State funding for 384-bed treatment and rehabilitation project at the James A. Musick Facility - Districts 3 and 5.

53124

APPROVED AS RECOMMENDED

 

RESO: 14-097

 

HEALTH CARE AGENCY

 

4.

Consider adopting resolution approving update of maximum 9-1-1 emergency basic life support ground ambulance rates and maximum advanced life support paramedic assessment and transportation rates, effective 7/1/14; supersedes and rescinds Resolution 13-087; and first reading of "An Ordinance of the County of Orange, California Amending Sections 4-9-1 Through 4-9-17 of the Codified Ordinances of the County of Orange Regarding Ambulance Service"; and set second reading and adoption for 11/25/14, 9:30 a.m.; and make California Environmental Quality Act findings - All Districts (Continued from 9/30/14, Item 42; Public Hearing conducted on 9/30/14)

B.O.

CONTINUED TO 12/16/14, 9:30 A.M.

 

OC COMMUNITY RESOURCES

 

5.

Approve retroactive agreement 40975 with Orange County Superintendent of Schools for Orange County Career Pathways Partnership Program (OCCPP), 7/1/14 - 6/30/18 ($200,000); and authorize Director or designee to accept additional funding and execute amendments in order to meet goals of OCCPP - All Districts

52134

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

6.

Consider second reading and adoption 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" - All Districts
(Continued from 10/28/14, Item 42)

35124

APPROVED AS RECOMMENDED

 

 ORD: 14-009

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

7.

Approve 15-year lease agreement CEO/ALS/SSA-13-047 with IX CW 500 Orange Tower, LP for relocation of SSA Administration Headquarters, Orange; and authorize the Chief Real Estate Officer to agree to minor non-monetary revisions and amendments to the lease terms as necessary to effectuate the action set out in this ASR and the build-out of the premises for the County; and make California Environmental Quality Act findings - District 3 (Continued from 7/15/14, Item 30; 8/5/14, Item 21; 8/12/14, Item 17; 8/19/14, Item 38; 9/9/14, Item 31; 9/16/14, Item 44; 9/30/14, Item 36; 10/21/14, Item 17)

43125

CONTINUED TO 12/16/14, 9:30 A.M.

 

8.

Direct staff to move forward with 1217 E. Normandy Place, Santa Ana, CA project; accept grant deed document to transfer fee title to County of Orange; and authorize Chief Real Estate Officer or designee to sign related documents, make minor modifications under certain conditions and perform related actions - District 1

13254

REJECT NORMANDY PLACE LOCATION AND MOVE TO FORMER OCTA BUS TERMINAL IN CIVIC CENTER AREA.  REQUEST SANTA ANA TO REZONE TERMINAL SO THAT IT IS WITHIN AN SB 2 ZONE

 

9.

Approve Donation, Conveyance and Implementation agreement and related documents with The Irvine Company LLC and TIC Land Investment LLC for approximately 2471 acres of land in the Gypsum Canyon and East Orange areas; approve Irrevocable Offer of Dedication with TIC Land Investment LLC for approximately 29 acres of land adjacent to Irvine Lake; approve grant deed with RRM Properties Ltd. for approximately 15 acres of land in Gypsum Canyon area; authorize Chief Real Estate Officer or designee to execute agreement and all related documents, make minor modifications under certain conditions and perform related actions; and make California Environmental Quality Act findings - District 3

35124

APPROVED AS RECOMMENDED; AND SUPERVISOR MOORLACH RECORDED A NO VOTE ON RA #3

 

10.

Approve amendment 1 to agreement 13-003BC with Polsinelli LLP for general legal services ($75,000; new total $150,000); and authorize Public Finance Manager to execute amended agreement - All Districts

45123

APPROVED AS RECOMMENDED

 

11.

Chairman Nelson - Approve selection of new Vice Chair for balance of 2014

51234

NOMINATED AND APPROVED SUPERVISOR TODD SPITZER

 

S11A.

County Executive Office - Approve agreement with Charitable Ventures Orange County for fiscal services in support of Orange County Crime Victims' Monument; authorize OC Parks Director or designee to execute agreement, waive fees associated with design, permitting, construction and inspection and to accept and store "in kind" donations of construction materials; direct County Executive Officer or designee to allocate County staff time as required to process design, permitting, construction and inspection; direct staff to establish an agreement with bona fide non-profit organization for ongoing maintenance, repair and/or replacement and return for Board approval; and make related findings - District 3

31254

APPROVED AS RECOMMENDED

 

BOARD APPOINTMENTS

 

S11B.

Supervisor Nguyen - Assessment Appeals Board No. 4 - Appoint John W. Briscoe, Fountain Valley, for term ending 9/3/17

12354

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS6)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - 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

 

 

County Executive Office:

 

CS-2.

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 Jamboreee 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

 

CS-3.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  1217 Normandy Place, Santa Ana, CA
County Negotiator: Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:   JRMV Investments and B & N Group
Under Negotiation: Terms and Value of Purchase

B.O.

HELD, NO REPORTABLE ACTION

 

CS-4.

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 Lease

B.O.

HELD, NO REPORTABLE ACTION

 

CS-5.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location:  Former South Court Justice Center Approximately 22 acres at the intersection of Alicia Parkway and Crown Valley Parkway, Laguna Niguel, CA
County Negotiator: Scott D. Mayer, Chief Real Estate Officer
Negotiating Party:   Agora
                                                            Lincoln Property Company
Under Negotiation: Terms and Value of Lease

B.O.

HELD, NO REPORTABLE ACTION

 

SCS6.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Orange County Fire Authority, etc., et al. v. All Persons Interested, OCSC No. 30-2013-00694527-CU-MC-CJC; Court of Appeal, Third Appellate District Court Case No. G050687

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

Michael Klubnikin - Oral Re:  handling of estate, racketeering. cover-up

 

Homeowners Maintaining our Environment - Oral Re:  Assessment Appeals

 

Ilya Tseglin and Robert Tseglin - Oral Re:  Nate Tseglin, Social Services and Regional Center

 

Stephen Wontrobski - Oral Re:  OCFA contract, employees benefits and contributions

 

Darrell Nolta - Oral Re:  Ebola, bioterrorism, ambulance ordinance and congratulations to Supervisors Bates & Nguyen to State Senate and Supervisor Spitzer as new Vice Chair

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

Vice Chair Spitzer - Oral Re:  Thanked Supervisors Bates & Nguyen for support; proposing rule for OCFA regarding posting of labor contracts; 9-1-1 Emergency Basic Life Support Ambulance Rates - Directed County Counsel to research if BOS is local EMSA under the law, if not, create an ordinance to have BOS as local EMSA.  Directed County Counsel to see if HCA Director has the authority to terminate the RFP.

 

ADJOURNED:  12:56 P.M.

None

 

 

***  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