REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, July 28, 2020,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

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

Santa Ana, California

 

 

MICHELLE STEEL

CHAIRWOMAN

Second District

 

 

ANDREW DO

VICE CHAIRMAN

First District

 

 

DONALD P. WAGNER

SUPERVISOR

Third District

 

 

 

DOUG CHAFFEE

SUPERVISOR

Fourth 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 Do, First 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 1-10)

 

13452

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

 

DEPARTMENT APPOINTMENTS

 

1.

Social Services Agency - Orange County Child Care and Development Planning Council - Reappoint Amber Nowak, Garden Grove, Darcie Kass, Laguna Hills, Laura Vidal, San Juan Capistrano, Merrilisa Sciabica, Irvine, Penny Andrews, Anaheim, Scarlett vonThenen, Lake Forest, Seon Chun-Burbank, Fullerton and Wendi Evans, Anaheim for terms ending 8/5/22; and appoint Sandra Avzaradel, Rancho Santa Margarita for term ending 8/5/21 - All Districts

35142

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

2.

Sheriff-Coroner - Approve amendment 7 to contract MA-060-16011545 with Keefe Group, LLC dba Keefe Supply Company for purchase of pre-packaged food, snack and beverages for jail commissary operations, 3/1/20 - 2/28/21 ($60,000; cumulative total $1,096,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

35142

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

3.

Approve contract MA-012-20012068 with Goodwill Industries of Orange County for job preparation training and work-based learning for students with disabilities, term ending 4/30/21 ($314,000); and authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute contract - All Districts

13452

APPROVED AS RECOMMENDED

 

4.

Approve amendment 5 to Small City Cooperation Agreement with cities of Brea, Cypress, Dana Point, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Los Alamitos, Seal Beach, Stanton and Villa Park; approve amendment 2 to Metropolitan City Cooperation Agreement with cities of Placentia and Yorba Linda; approve Cooperation Agreement with City of San Juan Capistrano; and approve Joint Cooperation Agreement with City of Fullerton for participation in Urban County Program, FY 2021-22 - 2023-24; and authorize Director or designee execute agreements and amendments and submit to US Department of Housing and Urban Development - All Districts

 

5.

Approve agreement with The Regents of the University of California UC Cooperative Extension for pest management and native tree species management practices, 9/1/20 - 8/31/21 ($320,000); renewable for four additional one-year terms - All Districts

 

OC PUBLIC WORKS

 

6.

Acting as the Orange County Flood Control District - Approve agreement MA-080-20010251 with City of Laguna Beach for installation, operation and maintenance of two private bridge structures for utilities and personnel to cross segments of Laguna Canyon Channel; authorize Director or designee to execute agreement and related actions under certain conditions; and authorize Auditor-Controller to issue payment ($45,000) and invoices under certain conditions - District 5

 

7.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve contract MA-080-20011853 with Disney's Happiest Home, LLC and Addison-Miller, Inc. for rental haul trucks with operators, 9/1/20 - 8/31/23 (aggregate total $9,000,000); renewable for two additional one-year terms; and authorize County Procurement Officer or authorized Deputy to execute contracts - All Districts

 

OC WASTE & RECYCLING

 

8.

Approve amendment 2 to renew contract MA-299-16012357 with Habitat Restoration Sciences, Inc. for landscape maintenance services for native plant habitat management at South Region Landfills, 9/1/20 - 8/31/21 ($1,400,000; cumulative total $7,000,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - Districts 2, 3 and 5

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

9.

Receive and file annual list of County Ad Hoc Committees for FY 2020-21 - All Districts

 

10.

Approve contract with OptumRx, Inc. for administration of pharmacy benefit management and claims administration program for self-insured Preferred Provider Organization health plans, 1/1/21 - 12/31/23; renewable for two additional one-year terms; and authorize Chief Human Resource Officer or designee to execute contract - All Districts

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 11-S26H)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

11.

Accept one-time donation from Orange County Sheriff's Advisory Council for professional videography stabilization kit (valued at $11,143) - All Districts

13452

APPROVED AS RECOMMENDED

 

12.

Approve retroactive amendment 3 to contract MA-060-18011425 with Geospatial Technologies, Inc. for maintenance and support services for County's Mapping system, 3/6/20 - 3/5/21 ($46,530); and authorize Sheriff-Coroner or designee to execute amendment - All Districts

53142

APPROVED AS RECOMMENDED

 

13.

Treasurer-Tax Collector - Approve amendment 2 to contract MA-074-15011958 with Brinks Incorporated for armored car services, 8/1/20 - 7/31/22 ($441,000; cumulative total $1,541,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts (Continued from 7/14/20, Item 14)

15342

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

14.

Approve contract MA-042-20012181 with HealthSpace USA, Inc. for Environmental Health Data Management System services, 7/28/20 - 4/30/25 ($1,006,122); 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

B.O.

CONTINUED TO 8/25/20, 9:30 A.M.

 

OC PUBLIC WORKS

 

15.

Consider second reading and adoption of "An Ordinance of the County of Orange, California, Amending Title 4 of the Codified Ordinances of the County of Orange by Adding Division 15, Article 1 through Article 5, Section 4-15-1 through Section 4-15-14, Regarding Onsite Wastewater Treatment Systems in Unincorporated Orange County" - All Districts (Continued from 6/25/19, Item 54; 8/13/19, Item 13; 12/17/19, Item 21; 4/14/20, Item 13)

B.O.

CONTINUED TO 12/8/20, 9:30 A.M.

 

16.

Ratify State Reimbursement agreement 20-0088 with California Department of Food and Agriculture for reimbursement authority costs related to inspection of high-risk plant shipments, 7/1/20 - 6/30/21 ($682,049); authorize Director or designee to execute agreement; and make California Environmental Quality Act and other findings - All Districts

13452

APPROVED AS RECOMMENDED

 

17.

Ratify State Reimbursement Agreement 19-0727-039-SF with California Department of Food and Agriculture for inspection services for Pierce's Disease Program, 7/1/20 - 6/30/22 ($995,336); approve extension of two limited term Integrated Pest Management Technician II positions to complete mandatory State of California funded program for Pierce's Disease, 8/1/20 - 6/30/22; and authorize Director or designee to execute agreement - All Districts

15342

APPROVED AS RECOMMENDED

 

18.

Approve contract MA-080-20011557 with R.G. Vanderweil Engineers, LLP and MA-080-20011559 with Jacobs Engineering Group Inc. for on-call central utility facility engineering services, 7/28/20 - 7/27/23 ($1,500,000 each); renewable for two additional one-year terms; and authorize Director or designee to execute contracts - All Districts

53142

APPROVED AS RECOMMENDED

 

19.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Amending Sections 5-5-1, 5-5-2, and 5-5-13 of the Codified Ordinances of the County of Orange to Provide for Registration and Inspection of Retail Motor Fuel Devices and Price Scanners and to Increase the Maximum Annual Fees for Registration of All Commercial Weighing and Measuring Instruments" - All Districts (Continued from 3/24/20, Item 51; 5/5/20, Item 51; 7/14/20, Item 35)

51342
    N

APPROVED AS RECOMMENDED

 

ORD: 20-005

 

20.

Acting as the Orange County Flood Control District - Approve agreement MA-080-20011377 with Riverside County Regional Park and Open Space District for coordination of activities and payments associated with Alcoa Dike features, Prado Dam Project; authorize Director or designee to perform related actions, execute related documents and amendments under certain conditions; and consider application of prior Final Supplemental Impact Statement/Environmental Impact Report No. 583 and other findings - All Districts

35142

APPROVED AS RECOMMENDED

 

21.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve 2020 Design and Construction Procurement Policy Manual amending key procurement policies; authorize the Director or designee to execute and implement the 2020 Design and Construction Procurement Policy Manual incorporating all revised policies; adopt resolution authorizing Director's, County officials or designees from OC Public Works and Sheriff-Coroner to advertise bids for performance of public projects under certain conditions - All Districts

13452

APPROVED AS RECOMMENDED

 

RESO: 20-098

 

PUBLIC PROTECTION

 

22.

Probation - Approve contract MA-057-20011296 with Universal Protection Service LP dba: Allied Universal Security Services for armed security guard services, 7/28/20 - 1/31/22 ($1,300,000); and authorize County Procurement Officer or authorized Deputy to execute contract and exercise cost contingency increase not to exceed 10% under certain conditions - All Districts (Continued from 7/14/20, Item S33H)

13452

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

23.

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

15342

APPROVED AS RECOMMENDED

 

24.

Acting as the Legislative Body of Community Facilities District No. 2017-1 (Village of Esencia) - Adopt resolution authorizing issuance of bonds for Improvement Area No. 2($25,000,000); approve related actions and execution of related documents; and direct Auditor-Controller to establish appropriations and estimated revenues, pursuant to Government Code Section 29130 - District 5 (R.A. #2 4/5 vote of members present)

51342

APPROVED AS RECOMMENDED

 

RESO: 20-099

 

25.

Approve grant applications/awards submitted by OC Community Resources, Sheriff-Coroner, Health Care Agency, District Attorney and OC Public Works in 7/28/20 grant report and other actions as recommended; adopt resolution authorizing OC Community Resources Director ordesignee to submit NOFA application to California Department of Housing and Community Development for Project Homekey and execute standard agreement, any subsequent amendments and related documents to the project; adopt resolution authorizing Sheriff-Coroner or designee to execute and submit application and grant assurance to California Office of Emergency Services for FY 2020 Emergency Management Performance Grant - COVID-19 Supplemental ($320,995); adopt resolution authorizing Sheriff-Coroner to accept grant award, execute grant award, amendments and related documents with Department of Alcoholic Beverage Control for Alcohol Policing Partnership Program; adopt resolution authorizing Sheriff-Coroner or designee to execute and submit application, grant assurance and amendments to California Department of Justice for FY 2020 Tobacco Law Enforcement Grant Program ($700,000); adopt resolution authorizing District Attorney or designee to execute grant award agreement and amendments with California Department of Insurance for Workers' Compensation Insurance Fraud Program, 7/1/20 - 6/30/21 ($6,134,866); and making California Environmental Quality Act and other findings - All Districts

13452

APPROVED AS RECOMMENDED

 

RESO: 20-100 - 20-104

 

26.

Approve contract MA-017-20012101 with ePlus Technology, Inc. for equipment to refresh County's converged voice and data network infrastructure through reseller on County-approved National Association of State Procurement Officials ValuePoint Cooperative Agreement, 7/28/20 - 7/27/25 ($7,726,048); and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

51342

APPROVED AS RECOMMENDED

 

S26A.

Vice Chairman Do - Orange County Veterans Advisory Council - Reappoint Mario Munoz, Santa Ana, to complete term ending 3/27/22

12345

APPROVED AS RECOMMENDED

 

S26B.

Supervisor Wagner - For the duration of County-declared emergency relating to COVID-19, direct OC Public Works, Development Services and Neighborhood Preservation Services to (1) allow outdoor operation of existing businesses in all County unincorporated areas zoned commercial and industrial, with consent of the property owner, in accordance with Orange County Codified Ordinances section 7-9-136.11 and all applicable state and federal laws and regulations, except that no certificate of use and occupancy shall be required nor shall limit on number of days be enforced; and (2) waive all applicable parking requirements

32145

APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

S26C.

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 on-going 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 UPDATES FROM THE HEALTH CARE AGENCY CONCERNING EFFORTS TO ADDRESS AND MITIGATE THE PUBLIC HEALTH AND OTHER IMPACTS CAUSED BY THE NOVEL CORONAVIRUS (COVID-19) EMERGENCY

 

S26D.

Approve amendment 1 to lease with Civic Center LLC for office space at 600 W. Santa Ana Blvd., Suite 1000, Santa Ana, through 3/31/31, with one five-year option to extend term; authorize Chief Real Estate Officer or designee to take all necessary actions to administer lease, execute options, subsequent lease amendments that make non-monetary and/or monetary changes under certain conditions; and make California Environmental Quality Act and other findings - District 1

12345

APPROVED AS RECOMMENDED

 

S26E.

Chairwoman Steel - Approve addition of Orange County Law Enforcement Appreciation events to County Events Calendar and make related findings per Government Code Section 26227

31452

APPROVED AS RECOMMENDED

 

S26F.

Chairwoman Steel and Vice Chairman Do - Adopt resolution limiting financial burdens imposed on the County and its thirty-four cities by vising officials from Socialist Republic of Vietnam or People's Republic of China

21345

MOTIONED TO RECONSIDER THE ITEM; APPROVED AMENDED RESOLUTION TO REMOVE 'COMMERCIAL OR TRADE GROUPS' FROM SECTION 1 AND 'COMMERCIAL OR TRADE DELEGATIONS' FROM SECTIONS 2 AND 4

 

RESO: 20-105

 

S26G.

Supervisor Chaffee and Supervisor Bartlett - Direct Registrar of Voters to place "An Ordinance of the County of Orange, California Adding Section 1-2-9.1 to the Codified Ordinances of the County of Orange Imposing a Lifetime Limit on the Numbers of Terms for Members of the Orange County Board of Supervisors" on the ballot and to consolidate that election with November 3, 2020 Statewide General Election; direct County Counsel to prepare ballot language and impartial analysis of ordinance; and direct Auditor-Controller review measure and prepare a fiscal impact statement as required by Article VII, Section 701 of the County Charter

B.O.

DELETED

 

S26H.

Vice Chairman Do - Approve contract MA-042-21010106 with Advance OC for COVID-19 mapping services, 7/28/20 - 12/30/20 ($385,000); authorize County Procurement Officer or authorized Deputy to exercise cost contingency increase not to exceed 10% under certain conditions and execute contract

14352

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (Items 27-29)

 

ELECTED DEPARTMENT HEADS

 

27.

Sheriff-Coroner - Public Hearing to consider adopting resolution approving increased fees for response to third and subsequent false alarm at same residence or business within a calendar year or any intentionally set false alarm from $85 to $141, effective 7/28/20, superseding resolution 08-157; and making California Environmental Quality Act and other findings - All Districts

B.O.

CLOSED PUBLIC HEARING

 

15342
    N

APPROVED AS RECOMMENDED

 

RESO: 20-106

 

OC PUBLIC WORKS

 

28.

Public Hearing to consider reading and adoption of "An Ordinance of the County of Orange, California Repealing and Replacing Sections 7-9-1 Through 7-9-199 (The Comprehensive Zoning Code) of the Codified Ordinances of the County of Orange"; and consider adoption of Negative Declaration IP No. 16-383 and other findings - All Districts (Continued from 3/24/20, Item 50; 5/5/20, Item 50)

B.O.

CLOSED PUBLIC HEARING

 

35142

APPROVED AS RECOMMENDED

 

ORD: 20-006

 

29.

Public Hearing to consider adopting resolution approving 2019-20 Weed Abatement Cost Report and special assessments on identified properties - All Districts

B.O.

CLOSED PUBLIC HEARING

 

53142

APPROVED AS RECOMMENDED

 

RESO: 20-107

 

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

 

VI.PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Zoe-Raven - Oral re: Protect citizens by enforcing mask mandate; defund police, Black Lives Matter

 

Name not provided - Oral re: COVID-19 and need to work together to stop the spread of the virus

 

S. Hultquist - Oral re: Safety of incarcerated individuals during pandemic due to increased cases in jails

 

Stephanie Stuck - Oral re: Anaheim Police Department budget, reallocate funds to community

 

Katie H. - Oral re: Opposition to expansion of Musick jail with mental health beds; use project funds for community mental health programs

 

Kim Sorgente - Oral re: Black Lives Matter agitators attacking people outside the building and engaging in violence

 

Victoria S - Oral re: Frontline doctor conference in Washington, DC regarding COVID-19

 

Emily P - Oral re: Defund police and reallocate budget to community services

 

Name not provided - Oral re: Failed state of California and unconstitutional lockdowns and mask mandates

 

Bryan Kaye - Oral re: Abraham Lincoln; Golden State Killer; Board ignores the people

 

Grace - Oral re: Participation in meetings and speaker time reduced; Board is not listening to the people

 

Katie N - Oral re: Deleted item S26G needs clarification; Board meetings should be provided live using remote public comment technology

 

Ilya Tseglin - Oral re: Pleading for life of son Nate for 9 years; kangaroo courts and corrupted Public Defender colluding with judges

 

Robert Tseglin - Oral re: Nate Tseglin probate case; lack of public trust; Public Defender

 

Name not provided - Oral re: COVID-19 and people are dying while the Board does nothing

 

Brigitte - Oral re: Hammer of the government on the necks of the people, term limits

 

Senai A - Oral re: Police are overworked and stressed; fund resources for mental health services to handle cases with mentally ill individuals so police can focus on crime

 

Name not provided - Oral re: Mask mandates are work of secret societies; Hydroxychloriquine and zinc

 

Julian G - Oral re: Violence and protests; cop appreciation day is rewarding police behavior

 

Felicity Figueroa - Oral re: Requested Board schedule a date for the 2020 Truth Act Forum; transparency on law enforcement transferring individuals to ICE custody

 

Pat D - Oral re: Public comments should be available via Zoom or other audio format

 

David Durran - Oral re: Grand Jury report on homelessness; homeless deaths; Board continues to ignore the basic needs of people on the streets

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Chairwoman Steel - Oral re: Amended Public Defender Ad Hoc committee membership from Chairwoman Steel and Supervisor Wagner to Vice Chairman Do and Supervisor Wagner

 

ADJOURNED:2:58 P.M.

12345

Adjourned in memory of County Procurement Officer Rob Richardson

 

 

***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