REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, August 25, 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:Supervisor Bartlett, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:Supervisor Wagner, Third District, led the assembly in the Pledge of Allegiance

 

I.PRESENTATIONS/INTRODUCTIONS (None)

 

II.CONSENT CALENDAR (Items 1-15)

 

13452

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 1, 2, 3, 9 AND 14 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Vice Chairman Do:

 

1.

Assessment Appeals Board No. 1 - Reappoint Ha M. Mach, Westminster, for term ending 9/3/23

12345

APPROVED AS RECOMMENDED

 

2.

Assessment Appeals Board No. 3 - Reappoint Clarence F. Alvey, Jr., Fountain Valley, for term ending 9/3/23

13452

APPROVED AS RECOMMENDED

 

3.

Acting as the Orange County Housing Authority - Housing and Community Development Commission - Reappoint An T. Nguyen, Westminster, for term ending 6/30/21

15342

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

 

District Attorney:

 

4.

Adopt resolution approving FY 2019-20 Federal Equitable Sharing Agreement and Certification Report - All Districts

 

RESO: 20-113

 

5.

Approve Real Estate Fraud Prosecution Annual Report, FY 2019-20 pursuant to Government Code Section 27388 (d) - All Districts

 

HEALTH CARE AGENCY

 

6.

Approve master agreement MA-042-20011926 with various licensed clinical providers of professional medical services, 9/29/20 - 9/28/21 ($6,220,746); and authorize County Procurement Officer or authorized Deputy to execute individual agreements - All Districts

 

7.

Approve amendment 4 to contract MA-042-17011762 with Safety Net Connect, Inc. for Whole Person Care Connect platform, 8/26/20 - 12/31/20 ($1,000,000; cumulative total $3,953,650); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

 

OC WASTE & RECYCLING

 

8.

Adopt resolution approving continued inclusion of unincorporated area in Orange County Recycling Market Development Zone program; expanding zone to include cities of Lake Forest and Fullerton; designating City of Fullerton to act as lead; authorizing City Manager or Assistant City Manager to apply for, receive and administer funds and execute related documents; and make California Environmental Quality Act and other findings - All Districts

 

RESO: 20-114

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

9.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Municipal Water District of Orange County - All Districts

51342

APPROVED AS RECOMMENDED

 

10.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Capistrano Unified School District - District 5

 

 

County Executive Office:

 

11.

Approve amendment 4 to contract MA-017-16011391 with Standard Insurance Company for Long-Term Disability Insurance and Administration of Short-Term Disability Insurance Plan and Reserve Deputy Sheriff Disability Income Protection Plan, 1/1/22 - 12/31/22 ($1,235,600); and authorize Chief Human Resource Officer or designee to execute amendment - All Districts

 

12.

Approve amendment 3 to contract with The StayWell Company, LLC for administration of Health Management Program, 5/13/21 - 5/12/22 ($1,404,100; cumulative total $7,854,000); and authorize Chief Human Resource Officer or designee to execute amendment - All Districts

 

13.

Approve Easement Deed and agreement with Pacific Bell Telephone Company dba AT&T California for upgrades to communications facilities located at County of Orange 911 call center and Emergency Operations Center; authorize Chief Real Estate Officer or designee to execute any collateral instruments or minor changes under certain conditions; and make California Environmental Quality Act and other findings - District 3

 

14.

Approve purchase and sale agreement for Homekey Program properties; authorize Chief Real Estate Officer or designee to execute agreement and related documents, open escrow and perform related actions under certain conditions; direct Auditor-Controller to make related payments upon notification from Chief Real Estate Officer or designee; and make California Environmental Quality Act and other findings - All Districts

15342

APPROVED AS RECOMMENDED

 

15.

Acting as the Orange County Flood Control District - Adopt resolution making findings required to use Orange County Flood Control District property; approve License agreement with City of Laguna Niguel for non-exclusive and limited use for planning, design, construction, maintenance, repair and operation of a bridge in accordance with County Property Permit; authorize OC Public Works or designee to perform related activities and execute related documents and amendments under certain conditions; and make California Environmental Quality Act and other findings - District 5

 

RESO: 20-115

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 16-S34H)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

16.

Approve contract MA-060-20011103 with InCadence Strategic Solutions Corporation for mobile fingerprint identification solution, three-year term, ($3,000,000); renewable for seven additional one-year terms; and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

52134

APPROVED AS RECOMMENDED

 

17.

Approve license agreement with Pacific Bell Telephone Company, California for continued use of rental rack space at Loma Ridge Communications Facility, 9/1/20 - 8/31/25 (total revenue $989,933); renewable for two additional five-year terms; and make California Environmental Quality Act and other findings - District 3

31452

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

18.

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 (Continued from 7/28/20, Item 14)

B.O.

DELETED

 

19.

Approve contract MA-042-2101020 with Kingdom Causes, Inc. dba City Net for professional and technical support services for U.S. Department of Housing and Urban Development Continuum of Care 2021 Point in Time Count, 9/1/20 - 6/30/21 ($460,000); authorize County Procurement Officer or authorized Deputy to exercise cost contingency increase not to exceed 10% under certain conditions and execute contract - All Districts

13452

APPROVED AS RECOMMENDED

 

20.

Ratify Memorandum of Understanding with City of Fullerton to allocate $1,092,000 of Coronavirus Aid, Relief and Economic Security Act funding for operation of Fullerton Navigation Center, 8/1/20 - 12/30/20; ratify Memorandums of Understanding with Cities of Fullerton and La Habra to allocate $629,000 of Coronavirus Aid Relief and Economic Security Act funding for Alternate Shelter Program, 7/15/20 - 11/14/20 - District 4

43152

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

21.

Approve Mortgage Assistance Program Guidelines; authorize Housing and Community Development Director or designee to execute agreements, amendments and related documents under certain conditions - All Districts

35142

APPROVED AS RECOMMENDED

 

22.

Acting as the Board of Supervisors and Housing Successor Agency - Authorize Director or designee to utilize HOME Investment Partnership Act funds for permanent loan financing to a limited partnership formed by National Community Renaissance of California for development of Mountain View, Lake Forest; approve loan commitment to National Community Renaissance of California ($680,400); approve subordination under certain conditions; and authorize Director or designee to execute subordination agreements and related documents under certain conditions; Acting as the Orange County Housing Authority - Approve selection of Mountain View for utilization of 12 Housing Choice Project-Based vouchers; and authorize Director of Orange County Housing Authority to execute related documents forcommitment of U.S. Department of Housing and Urban Development Housing Choice Project-Based vouchers - District 5

54132

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

23.

Approve agreement with Vellutini Corporation dba Royal Electric Company for Airfield Lightning and Signage Improvement Project ($6,000,000); 247-day term - District 2

25134

APPROVED AS RECOMMENDED

 

24.

Approve emergency contract change order with Ray Carmody dba Carmody Construction Company for Orangewood Children's Home Restroom Repair ($20,000); and authorize Director or designee to execute change order - District 3 (4/5 vote of members present)

31452

APPROVED AS RECOMMENDED

 

25.

Approve subordinate contract CT-080-20011509 with Ray Carmody dba Carmody Construction Company for emergency touchless upgrades at Hall of Administration ($69,871); and authorize Director or designee to execute contract - District 1 (4/5 vote of members present)

15342

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

26.

Approve amendment 1 to renew contract MA-299-18010214 with Tetra Tech BAS, Inc. for continuing operation and maintenance services of gas collection and control systems, South Region Landfills, 10/1/20 - 9/30/21 ($2,750,000; cumulative total $11,000,000); renewable for one additional year; and authorize County Procurement Officer or authorized Deputy to execute amendment - Districts 2, 3 and 5

53142

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

27.

Approve agreement WGM0719 with Access California Services for refugee social services, 10/1/20 - 9/30/23 ($1,350,000); renewable for two additional one-year terms; and authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions - All Districts

13452

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

28.

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 UPDATES FROM HEALTH CARE AGENCY, SOCIAL SERVICES AGENCY AND OC COMMUNITY RESOURCES CONCERNING EFFORTS TO ADDRESS AND MITIGATE THE PUBLIC HEALTH AND OTHER IMPACTS CAUSED BY THE NOVEL CORONAVIRUS (COVID-19) EMERGENCY

 

29.

Approve proposed response to FY 2019-20 Grand Jury Report "Maternal Health Care While Incarcerated." - All Districts

51342

APPROVED AS RECOMMENDED

 

30.

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

15342

APPROVED AS RECOMMENDED

 

31.

Approve grant applications/awards submitted by OC Public Works, Health Care Agency and Sheriff-Coroner in 8/25/20 grant report and other actions as recommended; adopt resolution authorizing OC Public Works Director or designee to execute grant award agreement and amendments with California Department of Transportation for Active Transportation Plan; and adopt resolution authorizing HCA Director or designee to execute grant agreement and subsequent non-monetary amendments with State Water Resources Control Board for Local Oversight Program, 7/1/21 - 6/30/23 ($1,029,893) - All Districts

13452

APPROVED AS RECOMMENDED

 

RESO: 20-116 - 20-117

 

32.

Approve proposed response to FY 2019-20 Grand Jury Report "The Transportation Corridor Agencies - Are They Taking Their Toll on Orange County?" - Districts 2, 3 and 5

53142

APPROVED AS RECOMMENDED

 

33.

Approve proposed response to FY 2019-20 Grand Jury Report "OC Recycling: Doing it the Right Way." - All Districts

51342

APPROVED AS RECOMMENDED

 

34.

Approve proposed response to FY 2019-20 Grand Jury Report "Orange County's Cybersecurity Preparedness." - All Districts

15342

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

S34A.

District Attorney - Approve appointment of Mary Meloch as Extra Help Working Retiree Deputy District Attorney for legal services related to criminal and civil prosecutions pursuant to Section 7522.56 (f) of the Public Employees' Pension Reform Act of 2013 - All Districts

51342

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S34B.

Sheriff-Coroner - Approve contract MA-060-20011594 with Siemens Industry, Inc. for preventive maintenance and repairs to Theo Lacy and Coroner Facilities for energy management system hardware and software, 9/1/20 -8/31/23 ($369,432); renewable for two additional one-year terms; and authorize County Procurement Officer or authorized Deputy to execute contract - Districts 1 and 3

13452

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

S34C.

Sheriff-Coroner - Approve FY 2019-20 Federal Equitable Sharing Agreements and Certification reports for federally forfeited property or proceeds received for Sheriff - Coroner Department and Regional Narcotics Suppression Program - All Districts

13452

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S34D.

Supervisor Wagner, District Attorney and Sheriff-Coroner - Adopt resolution supporting Proposition 22 to protect public safety, promote economic prosperity and meet transportation needs of Orange County residents

B.O.

DELETED

 

S34E.

County Executive Office - Approve retroactive Assignment, Novation and Consent Agreement to transfer and assign contract for online surplus auction services with GovDeals, Inc. to Liquidity Services Operations LLC dba GovDeals, effective 12/31/19; approve amendment 3 to renew contract MA-017-1601075 with Liquidity Services Operations, LLC dba GovDeals, 10/1/20 - 9/30/22; and authorize County Procurement Officer or authorized Deputy to execute agreement and amendment - All Districts

15342

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

S34F.

Approve contract MA-012-21010273 with Orange County Human Relations Council for services supporting Orange County Human Relations Commission's "To Know Better" Orange County Schools Anti-Hate Campaign, 8/25/20 - 12/30/20 ($250,000); and authorize Director or designee to execute contract - All Districts

51342

APPROVED AS RECOMMENDED

 

S34G.

Retroactively rescind appointment of Eddie Falcon, County Veterans Service Officer and County Veterans Remains Officer, effective 8/13/20; and adopt resolution authorizing OC Community Services Director to execute related reports and forms under certain conditions - All Districts

13452

APPROVED AS RECOMMENDED

 

RESO: 20-118

 

GENERAL ADMINISTRATION

 

S34H.

Vice Chairman Do and Supervisor Chaffee - Direct Health Care Agency or designee to establish call center and website registration for two county-run drive-thru COVID-19 testing super sites and provide testing information in English, Spanish, Vietnamese, Korean and Chinese in accordance with County's Language Access Policy; and return to the board with a digital and social media strategy to promote utilization

14352

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (None)

 

V.CLOSED SESSION (Items CS-1-SCS3)

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

CS-1.

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.

DELETED

 

SCS2.

PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b):
Title:County Health Officer

 

HELD, COUNTY COUNSEL READ:THE BOARD UNANIMOUSLY APPOINTED DR. CLAYTON CHAU AS THE COUNTY HEALTH OFFICER.

 

SCS3.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location: Fixed Base Operator Leaseholds at John Wayne Airport for
Northeast Full-Service, Northwest Full-Service and Southwest
Limited-Service FBOs
County Negotiator: Thomas A. Miller, Chief Real Estate Officer
Negotiating Party: ACI Jet
Clay Lacy Aviation
Jay's Aircraft
Under Negotiation: Terms and Value of Future Lease

B.O.

HELD, NO REPORTABLE ACTION

 

VI.PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Name not provided - Oral re: Allocation of County Budget funding for public protection; requested to defund the police and fund the community that the Board represents

 

Name not provided - Oral re: Allocation of funding for Sheriff, Health Care Agency and Social Services Agency since 2009; Board Members must fund the communities that they have been elected to represent and must fulfill their jobs or fail as a public servant

 

Toni Stroud - Oral re: Short term rentals used as party house in her neighborhood; requested the Board enforce rules and violations, hold the homeowners accountable and shut off utilities

 

Ilya Tseglin - Oral re: People coming to speak at Board Meetings will not live without justice; Board has the right to stop the corruption and if ignored it will become a civil war; funding for departments and wasting public monies when people are suffering

 

Robert Tseglin - Oral re: Nate Tseglin Probate case; Nate placed in group homes since 2014; complaints of seizures, physical and psychotropic abuse; Public Defender, Attorney General, Adult Protective Services and violation of laws

 

Emily - Oral re: Is becoming more involved in the political process; requested to review fund allocated to the Sheriff and serving the community that the Board represents; Black Lives Matter

 

Bryan Kaye - Oral re: District Attorney Todd Spitzer; Golden State Killer; Kobe Bryant Day

 

Brianna - Oral re: Increase in funds for public protection and decrease in mental/behavioral health in FY 2020/21 County Budget; protect essential health care workers and the disabled community; Black Lives Matter

 

Patricia - Oral re: Board's actions on topics regarding the police and the community are misdirected; redirecting funding from the police is an action to reinvest in our community; funds should be focused on community mental health and other health care services funding for social workers and organizations trained to respond to mental health issues, homelessness and substance abuse; Black Lives Matter

 

Sean - Oral re: 2019 article accusing the Board of failing to hold the Sheriff Department accountable for widespread misconduct; political aspirations of the Board; Black Lives Matter

 

Bee - Oral re: Sick of apathy; funding of the police during an epidemic and lack of funding for the community and organizations

 

David Duran - Oral re: Continued malicious neglect and hoarding of discretionary funds contributed to dozens of deaths for the population suffering from economic disabilities throughout the County and resignation of Board Members

 

Rachel Kraus Lee - Oral re: Asked why the County suddenly changed the methodology used to calculate the number of cases per 100,000 residents over the past 14 days and requested the methodology used to calculate the numbers

 

Felicity Figueroa - Oral re: Requested date be set for the 2020 TRUTH Act Forum; rescind Board decision to spend $300 million to expand the James A. Musick facility into a 'mental health jail'

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Chairwoman Steel - Oral re: Recognized September 2020 as "National Preparedness Month;urged residents and businesses to develop comprehensive emergency preparedness action plans and utilize resources from the Orange County Emergency Management Division's website www.readyoc.org; website provides emergency preparedness resources for the benefit and personal safety of all Orange County; recognized August 2020 as "Eligibility Professionals Recognition Month" and acknowledged Directors and staff from Social Services Agency, Health Care Agency and OC Community Resources

 

ADJOURNED:2:20 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