REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, January 26, 2021,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

ANDREW DO

CHAIRMAN

First District

 

 

DOUG CHAFFEE

VICE CHAIRMAN

Fourth District

 


 

VACANT

SUPERVISOR

Second District

 

 

 

DONALD P. WAGNER

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

 

Robin Stieler

 

INVOCATION:Vice Chairman Chaffee, Fourth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:Supervisor Bartlett, Fifth District, led the assembly in the Pledge of Allegiance

 

I.PRESENTATIONS/INTRODUCTIONS (None)

 

II.CONSENT CALENDAR (Items 1-6)

 

5341

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 1, 2, AND 3 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

1.

Approve Schedule of County Capital Assets Physical Inventory Dates for calendar years 2021 and 2022 - All Districts

4351

APPROVED AS RECOMMENDED

 

2.

Receive and file Fund/Budget Control Semi-Annual Report for FY 2020-21 - All Districts

4531

APPROVED AS RECOMMENDED

 

3.

Authorize Auditor-Controller to delete damaged, destroyed, dismantled, donated, missing, obsolete, stolen and surplused equipment from OC Public Works and Treasurer-Tax Collector capital asset inventories - All Districts

3451

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

4.

Approve amendment A01 to agreement 18-95262 with California Department of Health Care Services for Behavioral Health services, 7/1/18 - 6/30/21; and authorize Director or designee to execute amendment and related documents - All Districts

 

5.

Approve agreement 20-10191 with California Department of Health Care Services for Drug Medi-Cal Organized Delivery services, 7/1/20 - 6/30/23; and authorize Director or designee to execute agreement and related documents - All Districts

 

GENERAL ADMINISTRATION

 

6.

County Executive Office - Receive and file Quarterly Information Technology Projects Progress Report for First Quarter FY 2020-21 - All Districts

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 7-S30F)

 

ELECTED DEPARTMENT HEADS

 

7.

Assessor Department - Approve contracts MA-002-21010947 with Insight Public Sector Inc. for SQL Microsoft Enterprise License/Software Assurance Pack and Software Assurance, 1/26/21 - 1/25/24 ($634,801), renewable for two additional one-year terms; and MA-002-21010948 with Sidepath for Assessment Tax System II hardware refresh, 1/26/21 - 1/25/22 ($416,053); and authorize Assessor or designee to execute contracts - All Districts

5341

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

8.

Approve retroactive Assignment, Novation and Consent Agreement and amendment 6 to contract MA-060-15012014 to transfer and assign contract from Heritage Food Service Group to Parts Town, LLC for original equipment manufacturer commercial kitchen parts, effective 11/2/20; and authorize County Procurement Officer or authorized Deputy to execute agreement and amendment - All Districts

3541

APPROVED AS RECOMMENDED

 

9.

Approve contract MA-060-21010012 with Idemia Identity & Security USA LLC for maintenance of Automated Biometrics Identification System, 1/27/21 - 1/26/24 ($612,684); and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

4531

APPROVED AS RECOMMENDED

 

10.

Accept grant award from California Office of Emergency Services for 2020 Emergency Management Performance Supplemental Grant Program funds ($320,955); approve related agreement and authorize Sheriff-Coroner or designee to execute individual agreements with participating jurisdictions; authorize Auditor-Controller to transfer funds to participating jurisdictions under certain conditions; and authorize County Procurement Officer or authorized Deputy to purchase related training and equipment under certain conditions - All Districts

4351

APPROVED AS RECOMMENDED

 

CHILD SUPPORT SERVICES

 

11.

Approve contract MA-027-21010762 with Team Legal, Inc. for legal process services, 2/1/21 - 1/31/24 ($1,125,000); renewable for two additional one-year terms; and authorize County Procurement Officer or authorized Deputy to exercise cost contingency increase not to exceed 10% under certain conditions and execute contract - All Districts

3451

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

12.

Consider 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 2/9/21, 9:30 a.m. - All Districts (Continued from 12/8/20, Item 22; 12/15/20, Item S37A)

B.O.

DELETED

 

13.

Approve amendment 1 to contract MA-042-21010428 with City of Anaheim for rental assistance program services, 3/1/21 - 2/28/25 ($450,000; cumulative total $500,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

4531

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

14.

Approve contract MA-080-21010808 with JJ Property Maintenance Network, Inc. for janitorial services at various locations, 3/1/21 - 2/28/24 ($1,050,000); renewable for two additional one-year terms; authorize County Procurement Officer or authorized Deputy to execute contract; and make California Environmental Quality Act and other findings - All Districts

3451

APPROVED AS RECOMMENDED

 

15.

Approve amendments 1 and 2 to aggregate contract MA-080-18010951 with The Code Group, Inc., Willdan Engineering and HR Green Pacific, Inc. for on-call code enforcement services, 3/15/21 - 3/14/22 (aggregate total $300,000; cumulative total $1,200,000); renewable for one additional one-year term; and authorize County Procurement Officer or authorized Deputy to execute amendments - All Districts

4531

APPROVED AS RECOMMENDED

 

16.

Approve contract MA-080-21010805 with Tetra Tech BAS, Inc., MA-080-21010806 with Anser Advisory Management, LLC and MA-080-21010807 with Geosyntec Consultants, Inc. for on-call landfill construction support services, 1/26/21 - 1/25/24 ($1,750,000 each; cumulative total $5,250,000); renewable for two additional one-year terms; authorize Director or designee to execute contracts; and make California Environmental Quality Act and other findings - All Districts

5431

APPROVED AS RECOMMENDED

 

17.

Approve amendment 1 to contracts with various firms for architect-engineer on-call Watershed Management Plan/Water Quality Improvement Plan development and implementation, 2/27/21 - 2/26/23 ($1,000,00 each; cumulative total $17,500,000); and authorize Director or designee to execute amendments - All Districts

4531

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

18.

Approve amendment 2 to contract MA-299-18011418 with Tetra Tech BAS, Inc. for repairing significant damage sustained in Silverado Fire for on-going operation and maintenance services of gas collection and control systems, Central Region Landfills, 4/10/21 - 4/9/22 ($2,500,000; cumulative total $14,900,000); renewable for one additional one-year term; and authorize County Procurement Officer or authorized Deputy to execute amendment - Districts 2 and 3

3451

APPROVED AS RECOMMENDED

 

19.

Approve amendment 1 to contract MA-299-19010027 with Civil Environmental Survey Group Inc. dba CES to repair significant damage sustained in Silverado Fire to leachate groundwater extraction systems and all various liquid conveyance systems, Frank R. Bowerman Landfill, 10/1/18 - 9/30/21 ($250,000; cumulative total $850,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - Districts 2 and 3

3451

APPROVED AS RECOMMENDED

 

20.

Approve amendment 4 to contract MA-299-17011739 with Helix Environmental Construction Group, Inc. to remediate significant damage sustained in Silverado Fire to native plant habitat and landscape, Frank R. Bowerman Landfill, 7/15/20 - 7/14/21 ($500,000; cumulative total $3,200,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - Districts 2, 3 and 4

4351

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

21.

Acting as the Board of Supervisors and OC In-Home Supportive Services Public Authority - Approve Employment Agreement with Aaron Hogue as Executive Director of Orange County In-Home Supportive Services Public Authority, 1/26/21 - 1/25/25 ($148,911 annual salary; total compensation including benefits $595,644); and authorize Director or designee to execute agreement and approve one-time annual increases within County's Administrative Manager II salary range - All Districts

3541

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

22.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters; and approve 2021 Legislative Affairs Program Guidelines - All Districts

3451

APPROVED AS RECOMMENDED

 

23.

Receive and file 2020 Strategic Financial Plan and Community Corrections System of Care Annual Report for FY 2019-20 - All Districts

4531

APPROVED AS RECOMMENDED

 

24.

Approve FY 2020-21 Mid-Year Budget Report; approve related budget adjustments; amend master position control; direct Auditor-Controller to make related payments; approve Sheriff-Coroner reorganization for Emergency Management Division and Sheriff Court Operations; approve FY 2021-22 budget adoption schedule; approve revised title descriptions, classifications specifications and adjust pay grades for Recordable Documents Examiner series, effective 1/29/21; and approve deletion of classifications for School Crossing Guard and Seamstress, effective 1/29/21 - All Districts (R.A. 1, 2, 3, 4 and 7 requires 4/5 vote of members present)

4531

APPROVED AS RECOMMENDED

 

25.

Approve amendment 1 to contract with OptumRx, Inc. for pharmacy benefit management and claims administration for Preferred Provider Organization health plans, 1/1/21 - 12/31/23; and authorize Chief Human Resource Officer or designee to execute amendment - All Districts

4351

APPROVED AS RECOMMENDED

 

26.

Adopt resolution of Intent to Abandon portion of County-owned property in Upper Newport Bay identified on County records as Facility Parcel PR47D-301.1; and set public hearing for 4/13/21, 9:30 a.m. - District 2 (Requires a unanimous vote)

1345

APPROVED AS RECOMMENDED

 

RESO: 21-016

 

27.

Approve purchase and sale agreement and Quitclaim Deed with Jack Chou for two parcels of surplus property to be used as fuel modification zone for adjacent development project; approve Easement Deeds and agreements with Randall Evans Lake and Sarah Joyce Lake, Co-Trustees of the Lake Living Trust, with Michael A. Waggoner and Charlotte A. Waggoner, Trustees of the Waggoner Revocable Living Trust and with East Orange County Water District for access purposes at Peters Canyon Regional Park; authorize Chief Real Estate Officer or designee to execute Easement Deeds, agreements and related documents under certain conditions; and make California Environmental Quality Act and other findings - District 3

3451

APPROVED AS RECOMMENDED

 

28.

Approve grant applications/awards submitted by Health Care Agency, OC Community Resources, Sheriff-Coroner and District Attorney in 1/26/21 grant report and other actions as recommended; adopt resolution authorizing OC Community Resources Director or designee to negotiate, execute and submit application, related documents and amendments to State Department of Boating and Waterways for Public Beach Restoration Grant Program for Capistrano Beach Nature Based Adaptation Demonstration Project - All Districts

4531

APPROVED AS RECOMMENDED

 

RESO: 21-017

 

29.

Receive update from County Executive Office, Health Care Agency, and other County departments concerning efforts to address and mitigate the public health and other impacts caused by the Novel Coronavirus (COVID-19) emergency, and provide direction to the County Executive Officer and other County Officers concerning ongoing County operations, allocation of County resources and personnel, maintenance of essential public services and facilities, temporary suspension and/or closure of non-essential public services and facilities, management of County property and finances, measures necessary to protect public health and safety, and expenditures necessary to meet the social needs of the population - All Districts

 

RECEIVED AND FILED STATUS REPORT RELATED TO NOVEL CORONAVIRUS COVID-19, RECEIVED UPDATE FROM HEALTH CARE AGENCY CONCERNING EFFORTS TO ADDRESS AND MITIGATE THE PUBLIC HEALTH AND OTHER IMPACTS CAUSED BY THE NOVEL CORONAVIRUS (COVID-19) EMERGENCY

 

30.

Registrar of Voters - Approve retroactive amendment 1 to contract MA-031-18010729 with DMT Solutions Global Corporation dba BlueCrest for maintenance support, 9/27/18 - 9/26/23 ($290,000; new total $1,097,145); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

5341

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S30A.

Sheriff-Coroner - Approve renaming Katella Training Facility at 1900 W. Katella Avenue, Orange to "Sandra Hutchens Regional Law Enforcement Training Center" in honor of former Sheriff-Coroner Sandra Hutchens; authorize Sheriff-Coroner or designee to execute related documents; and make related findings - District 3

3541

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

S30B.

Probation - Ratify purchase order PO-057-21011071 with Sidepath Inc. for maintenance software support, 7/4/20 - 7/31/21 ($81,086); and authorize County Procurement Officer or authorized Deputy to execute purchase order - District 3

3541

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S30D.

Chairman Do and Vice Chairman Chaffee - Direct Health Care Agency or designees to establish COVID-19 Vaccine Equity Pilot Program to support CalOptima health networks and community clinics serving targeted Medi-Cal beneficiaries with co-morbidities over age of 65 in conjunction with California Department of Public Health's COVID-19 vaccine tiers; and to coordinate with CalOptima to facilitate vaccination of Phase 1A population identified by CalOptima's health network data and conduct member outreach to those identified members on how to get vaccinated; and allocate up to 1,000 COVID-19 vaccines per day and to adjust allocation as additional vaccine becomes available - All Districts

4135

APPROVED AS RECOMMENDED

 

S30E.

Clerk of the Board - Approve 2021 Chairman's appointments of Board Members to various Boards, Commissions and Committees; and adopt California Form 806 - Agency Report of Public Official Appointments - All Districts

3541

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

S30F.

Ratify acceptance of Emergency Rental Assistance Program funds ($65,576,556) and authorize County Executive Officer or designee to execute related agreements; approve master agreement and contracts with various providers of homeless prevention services, 1/26/21 - 12/31/21 (64,265,025); approve contract with People for Irvine Community Health dba 2-1-1 Orange County for virtual front door, information and referral services, 1/26/21 - 6/30/21 ($579,152); authorize County Procurement Officer or authorized Deputy to exercise cost contingency increase not to exceed 10% under certain conditions and execute contracts; and direct Auditor-Controller to make related budget adjustments - All Districts (R.A. #9 requires 4/5 vote of the members present)

4351

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS

 

GENERAL ADMINISTRATION

 

S30C.

County Executive Office - Acting as the Orange County Flood Control District - Public Hearing to consider adopting Resolution of Necessity acquiring by eminent domain real property for Santa Ana River Mainstem/Prado Dam Project located in Riverside and San Bernardino Counties; authorizing County Counsel and/or outside eminent domain counsel to take steps to initiate and facilitate the condemnation action; directing and authorizing Auditor-Controller to make related payments; and considering application of Final Environmental Impact Report No. 583 and Final Supplemental Environmental Impact Statement/Environmental Impact Report 583 and other findings - All Districts (2/3 vote of membership)

B.O.

CLOSED PUBLIC HEARING

 

5134

APPROVED AS RECOMMENDED

 

RESO: 21-018

 

V.CLOSED SESSION

 

GENERAL ADMINISTRATION

 

SCS1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9 (d)(1):
Name of Case: M.H./Solano v. County of Orange, Case Number: 8:19-CV-00549-JVS-ADS

 

COUNTY COUNSEL READ:THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT AGREEMENT IN THE CASE OF M.H./SOLANO V. COUNTY OF ORANGE. THE SETTLEMENT AGREEMENT REMAINS SUBJECT TO THE FINAL APPROVAL OF OTHERS. WHEN THE AGREEMENT IS FINALIZED COPIES OF THE AGREEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

SCS2.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location: Mile Square Golf Course, 10401 Warner Ave, Fountain Valley, CA 92708
County Negotiator: Thomas A. Miller, Chief Real Estate Officer
Negotiating Party: Mile Square Golf Course
Under Negotiation: Compliance with Terms of Lease

B.O.

HELD, NO REPORTABLE ACTION

 

SCS3.

County Counsel - 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.

COUNTY COUNSEL READ: THE BOARD AUTHORIZED THE INITIATION OF LITIGATION AGAINST MILE SQUARE GOLF COURSE. THE BOARD UNANIMOUSLY AUTHORIZED COUNTY COUNSEL TO RETAIN THE LAW FIRM OF FITZGERALD, YAP & KREDITOR TO PROSECUTE THIS ACTION.

 

 

A LOCAL MEDIA REPORT FROM JANUARY 2015 INDICATES THAT CHAIRMAN DO WORKED AS A LAWYER AT FITZGERALD, YAP, KREDITOR.I HAVE CONFIRMED WITH CHAIRMAN DO AND MR. KREDITOR THAT CHAIRMAN DO HAS NO FINANCIAL INTEREST IN, OR EXISTING BUSINESS RELATIONSHIP WITH, THE LAW FIRM.

 

 

ACCORDINGLY, NEITHER CHAIRMAN DO NOR THE BOARD WERE PRECLUDED FROM VOTING TO RETAIN THIS FIRM TO HANDLE THE DISPUTE WITH MILE SQUARE GOLF COURSE.

 

VI.PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Steve Rocco - Oral re: Effort to recall District Attorney Todd Spitzer; blackmail by Albertsons CEO's son; Broadcom executives arrested and defended by District Attorney and were able to pay their way out of it

 

Paul Wilson - Oral re: Wife was victim of Salon Meritage shooting, opposes renaming of Katella training facility after Sheriff Hutchens, she left her post during three major scandals that demonstrated departmental lack of training; find another way to honor her memory

 

Brigitte - Oral re: Acknowledgement by District Attorney of errors regarding revolving funds; real estate fraud and sale of a property not in foreclosure, Internal Audit is a Racketeer Influenced and Corrupt Organization, County appointed fiduciary committing fraud on the court scheme

 

Cynthia Ashely - Oral re: Cares Act funding to Sheriff department instead of Health Care Agency; $2 million spent on public relations campaign; County's handling of vaccine distribution and glitches with Othena application

 

Felicity Figueroa - Oral re: Police and double standards of police including racism and far-right leanings; officers respond differently to Black Lives Matter protests compared to Trump supporters; Deputy wore Three-Percenters patch on uniform and another Deputy participated in the insurrection and attempted coup in Washington, D.C.

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

None

 

ADJOURNED:1:33 P.M.

 

 

***KEY***

Left Margin Notes

 

 

 

1. = Supervisor Do

A.=Abstained

2. = Vacant

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)

 

 

Chairman, Orange County Board of Supervisors

 

 

 

 

Orange County Clerk of the Board