REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, April 9, 2019,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

LISA A. BARTLETT

CHAIRWOMAN

Fifth District

 

 

MICHELLE STEEL                         

VICE CHAIR                             

Second District

 

 

ANDREW DO

SUPERVISOR

First District

 

 

 

DONALD P. WAGNER                       

SUPERVISOR                             

Third District

 

 

DOUG CHAFFEE

SUPERVISOR

Fourth District

 

ATTENDANCE:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Michelle Aguirre, Chief Financial Officer

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:  Supervisor Wagner, Third District, gave the invocation

 

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

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairwoman Bartlett presented a resolution proclaiming April 9, 2019 as "Go Blue for OC Kids" Day

 

Chairwoman Bartlett presented a resolution proclaiming April 2019 as "Community College Awareness Month"

 

Supervisor Chaffee presented a resolution proclaiming April 2019 as "Arab American Heritage Month"

 

Supervisor Chaffee presented a resolution proclaiming April 2019 as "DMV/Donate Life California Month"

 

Vice Chair Steel presented a resolution proclaiming April 16, 2019 as "National Education and Sharing Day in Orange County"

 

II.   CONSENT CALENDAR (Items 1-6)

 

14235

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 2 AND 4 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Vice Chair Steel - Animal Care Community Outreach Committee - Appoint Peter Amundson, Seal Beach, for term ending 4/14/22

 

2.

Supervisor Chaffee - Orange County Cemetery District - Reappoint Cynthia Ward, Anaheim, for term ending 1/3/22

41235

APPROVED AS RECOMMENDED

 

DEPARTMENT APPOINTMENTS

 

 

Health Care Agency:

 

3.

Emergency Medical Care Committee - Appoint David L. Gibbs, MD, Anaheim; and Adam R. Loeser, Mission Viejo, for terms ending 6/30/20 - All Districts

 

4.

Orange County Mental Health Board - Reappoint Joy Torres, Santa Ana, for term ending 4/3/22; and Sandy Finestone, Costa Mesa, for term ending 4/22/22 - All Districts

12345

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

5.

Sheriff-Coroner - Approve amendment 2 to renew contract MA-060-16011987 with Goodwill Industries of Orange County for packaging food and personal care items for jail commissary operations, 5/18/19 - 5/17/20 ($169,000; cumulative total $676,000); renewable for one additional year; and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

 

OC PUBLIC WORKS

 

6.

Acting as the Orange County Flood Control District - Approve amendment of Easement Deed and Quitclaim from the Irvine Community Development Company LLC to amend existing Orange County Flood Control District access easement, accept a realigned access road to Agua Chinon Retarding Basin, quitclaim surplus easement and make related findings; authorize Director or designee to execute future actions under certain conditions; and consider application of Final Environmental Impact Report SCH2001051010 and Supplemental Environmental Impact Report 00317631-PPA and other findings - District 3

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 7-S22D)

 

ELECTED DEPARTMENT HEADS

 

7.

District Attorney and Sheriff-Coroner - Approve reorganization of OC Crime Lab reporting structure and operations, assigning solely to Sheriff-Coroner - All Districts

31245

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

8.

Approve amendment 1 to renew contract MA-060-16011651 with California Forensic Phlebotomy Incorporated for phlebotomy services related to blood alcohol testing, 4/18/19 - 4/17/21 ($450,000; cumulative total $1,125,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

12345

APPROVED AS RECOMMENDED

 

9.

Approve amendment 2 to contract MA-060-16010085 with Rotorcraft Support Inc. for helicopter airframe component exchange, repairs, overhauls, parts and tools, 8/25/19 - 8/24/20 ($400,000; cumulative total $2,000,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

21345

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

10.

Approve Behavioral Health System Transformation Innovation proposal, 5/24/19 - 5/23/22 ($18,000,000) - All Districts

14235

APPROVED AS RECOMMENDED; DIRECTED STAFF TO KEEP THE PEER NAVIGATION COMPONENT IN-HOUSE AND TO RETURN TO THE BOARD WITH A PLAN/PROPOSAL TO ENSURE THAT THE SYSTEM IMPLEMENTED AT ANITA DRIVE WILL  WORK WITH EXISTING SYSTEMS

 

11.

Approve amendment 1 to master agreement with various licensed clinical providers of professional services, 9/29/18 - 9/28/19 ($759,288; new total $3,909,825); approve additional classification of Contract Psychiatrist - Institutional, effective 4/10/19; and authorize Director or designee to execute individual agreements - All Districts

12345

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

12.

Approve contract MA-280-19011159 with Dimension Data North America, Inc. for digital network architecture assessment and design services, 4/9/19 - 4/3/20 ($225,000); authorize County Procurement Officer or authorized Deputy to execute contract; and make California Environmental Quality Act and other findings - District 2

25134

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

13.

Approve amendment 2 to contract CT-080-14010622 with Delta Systems, LLC. for Arc Flash Hazard Analysis services, 5/13/19 - 5/12/21 ($498,972; cumulative total $1,198,972); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

23145

APPROVED AS RECOMMENDED

 

14.

Approve contract MA-080-19010357 with Tyco Fire Security US Management Inc. dba Johnson Controls Fire Protection LP, for facility security equipment, systems and services with related equipment and supplies, 3-year term, ($3,500,000), renewable for two additional one-year terms; authorize County Procurement Officer or authorized Deputy to execute contract under certain conditions; and make California Environmental Quality Act and other findings - Districts 1, 2, 3 and 5

23145

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

15.

Approve master agreement CML0219 for Secure Continuous Remote Alcohol Monitor Continuous Alcohol Monitoring Services, 7/1/19 - 6/30/21 ($500,000); authorize Director or designee to exercise cost contingency not to exceed 10% under certain conditions and execute subordinate agreements - All Districts

12345

APPROVED AS RECOMMENDED

 

16.

Approve renewal of agreement CPY0319 with Avertest, LLC dba averhealth for random drug testing services, 7/1/19 - 6/30/20 ($750,000; cumulative total $3,000,000); renewable for one additional one-year term; and authorize Director or designee to exercise cost contingency not to exceed 10% under certain conditions and execute agreement - All Districts

12345

APPROVED AS RECOMMENDED

 

17.

Approval renewal of master agreement CPY0119 with various providers of drug patch testing services, 7/1/19 - 6/30/20, ($437,400; cumulative total $1,725,300); renewable for one additional one-year term; authorize Director or designee to exercise cost contingency not to exceed 10% under certain conditions and execute subordinate agreements - All Districts

12345

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

18.

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

41235

APPROVED AS RECOMMENDED WITH VICE CHAIR STEEL VOTING NO ON RECOMMENDED ACTION #2 (AB 212 [BONTA])

 

19.

Approve Work Order NCY1-004 under agreement with Science Applications International Corporation for services to complete migration of County's core network and voice presence ($288,000); and authorize Chief Information Officer or designee to execute work order - All Districts

12345

APPROVED AS RECOMMENDED

 

20.

Approve grant applications/awards submitted by Sheriff-Coroner and OC Community Resources and ratify grant applications/awards submitted by Health Care Agency in 4/9/19 grant report and other actions as recommended; and adopt resolution authorizing OC Community Resources Director or designee to accept California Emergency Solutions and Housing grant and execute standard agreement, any subsequent amendments and related documents to the program - All Districts

14235

APPROVED AS RECOMMENDED

 

RESO: 19-021

 

21.

Approve Quitclaim Deed authorizing conveyance of Crestwood Apartments property to Advanced Group; authorize Chief Real Estate Officer or designee to make minor modifications under certain conditions and sign related documents; and make California Environmental Quality Act and other findings - District 5

51234

APPROVED AS RECOMMENDED

 

22.

Approve amended Debt Management Policy; and approve Enhanced Infrastructure Financing District Participation Policy - All Districts (Continued from 3/26/19, Item 37)

B.O.

CONTINUED TO 5/21/19, 9:30 A.M.

 

OC COMMUNITY RESOURCES

 

S22A.

Approve contracts with Mercy House Living Center, North Service Planning Area ($673,219), Kingdom Causes Inc. dba city Net, Central Service Planning Area ($983,556), Friendship Shelter, Inc., South Service Planning Area ($216,843), 5/1/19 - 6/30/20 for State funded Housing and Disability Income Advocacy Program services; approve MOU between Social Services Agency and OC Community Resources; authorize OC Community Resources Director or designee to designate administrative service costs to OC Community Resources ($274,033); and authorize Director or designee to exercise cost contingency not to exceed 10% under certain conditions and execute contracts and MOU - All Districts

21345

APPROVED AS RECOMMENDED

 

S22B.

Commission to End Homelessness - Appoint Paul Wyatt, Dana Point; Theresa Murphy, Los Alamitos; Scott Stiles, Garden Grove and Teresa Smith, Orange, for terms ending 8/28/20; and appoint Matt Bates, Azusa and Jeanne Awrey, Rancho Santa Margarita, for terms ending 8/28/21 - All Districts

13245

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

S22C.

Probation - Approve contract MA-057-19011103 with Prado Family Shooting Range for use of facilities for firearms training, term ending 4/8/22 ($150,000); authorize Chief Probation Officer or designee to execute contract; and make California Environmental Quality Act and other findings - All Districts

12345

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S22D.

Sheriff-Coroner - Approve contract MA-060-19011262 with Rapid Technologies, Inc. for BMC Remedy Action Request System Upgrade and Service Management Suite Implementation Project, two year term ($782,520); renewable for three additional one-year terms; and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

21345

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (Items 23-25)

 

ELECTED DEPARTMENT HEADS

 

23.

District Attorney - Public Hearing to consider adopting resolution approving updated DNA Processing Cost Recovery Fee from $75 to $110 and rescinding and superseding Resolution 09-009; approve contract MA-026-19010623 with Bode Cellmark Forensics, Inc. for DNA databasing testing services, 7/1/19 - 6/30/22 ($995,000 per year; cumulative total $2,985,000); authorize County Procurement Officer or authorized Deputy to execute contract; receive and file report on District Attorney's Position on Science and Technology; and make California Environmental Quality Act and other findings - All Districts

B.O.

CLOSED PUBLIC HEARING

 

51234

APPROVED AS AMENDED TO ADD LANGUAGE AT THE END OF THE DISTRICT ATTORNEY'S PROPOSED RESOLUTION TO READ: BE IT FURTHER RESOLVED THAT ON AND AFTER JULY 1, 2020, THE FEE SHALL BE ADJUSTED ANNUALLY BY THE CALIFORNIA CONSUMER PRICE INDEX TO AN AMOUNT THAT DOES NOT EXCEED ACTUAL COSTS. ON JULY 1, 2020, AND EACH THREE YEARS THEREAFTER, THE AUDITOR-CONTROLLER SHALL PERFORM A COST RECOVERY ANALYSIS FOR THE DNA COLLECTION AND PROCESSING  PROGRAM AND THE DISTRICT ATTORNEY SHALL ADJUST THE FEE BASED UPON THE AUDITOR-CONTROLLER'S DETERMINATION OF ACTUAL COSTS.

 

RESO: 19-022

 

OC PUBLIC WORKS

 

24.

Public Hearing to consider adopting resolution approving 2019 Weed Abatement Program; direct OC Public Works to report back to the Board on 7/30/19 and first meeting in August 2020 with itemized cost reports; and make California Environmental Quality Act and other findings - All Districts

B.O.

CLOSED PUBLIC HEARING

 

21345

APPROVED AS RECOMMENDED

 

RESO: 19-023

 

GENERAL ADMINISTRATION

 

25.

County Executive Office - Public Hearing to consider adopting resolution of Abandonment for portion of O'Neill Regional Park identified on County records as Parcel 1402.1; approve grant deed; and make California Environmental Quality Act and other findings - District 5 (Requires a unanimous vote) (Continued from 1/29/19, Item 34)

B.O.

CLOSED PUBLIC HEARING

 

51234

APPROVED AS RECOMMENDED

 

RESO: 19-024

 

V.   CLOSED SESSION

 

GENERAL ADMINISTRATION

 

SCS1.

County Executive Office - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Tom Hatch
Employee Organizations:  Orange County Employees Association (OCEA), Orange County Managers Association (OCMA), Association of County Law Enforcement Management (ACLEM), American Federation of State, County and Municipal Employees (AFSCME), Teamsters Local 952 (Teamsters), Orange County Attorneys Association (OCAA), Association of Orange County Deputy Sheriffs (AOCDS), International Union of Operating Engineers (IUOE), United Domestic Workers of America (UDWA), 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. Housing is a Human Right, Orange County, et al. v. County of Orange, et al., United States District Court Case No. 8:19-cv-00388-DOC-KES

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Jim Farell - Oral re: Families reach out to him for assistance of their loved ones who are unstable or are in need of mental health services; requested the Board reach out to law enforcement agencies and request law enforcement provide ambulance assistance

 

Brigitte - Oral re: Is formally charging the newly elected District Attorney to investigate the criminal operation being run through County Counsel, Public Defender, Adult Protective Services, Public Administrator and Public Guardian to commit real estate fraud, which includes fraud against the Internal Revenue Service and the State Franchise Tax Board; corrupt judges in probate court at Central Justice Center covering up criminal enterprise

 

Raul Nolasco - Oral re: The County must provide critical cyber security County resources on its website; County does not have critical information to be cyber safe; being cyber safe is critical when individuals need to reach the police or city agency during a fire or earthquake

 

Iyla Tseglin - Oral re: Antisemitism in Orange County; Nate Tseglin case and racial accusations of his family; Larry Landauer, Director of Orange County Regional Center and corrupted court

 

Robert Tseglin - Oral re: Case of Nate Tseglin

 

Bryan Kaye - Oral re: Claim filed with previous Board regarding forged plea agreements; Ilya and Robert Tseglin

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Supervisor Wagner - Oral re: Thanked his colleagues and County staff for the warm reception and support and for bringing him up to speed; thanked Chairwoman Bartlett and Supervisor Do for their involvement and efforts at the April 2 federal court hearing before U.S. District Judge David O. Carter; looks forward to working with everyone collectively to do the best for the people of Orange County

 

Supervisor Chaffee - Oral re: Welcomed Supervisor Wagner and looks forward to working with him

 

Chairwoman Bartlett - Oral re: Welcomed Agripino Alonso as the County's new Internal Audit Director and looks forwards to working with him

 

ADJOURNED:  12:50 P.M.

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Do

A.  =   Abstained

2. = Supervisor Steel

X.  =   Excused

3. = Supervisor Wagner

N.  =   No

4. = Supervisor Chaffee

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