REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, September 15, 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 Wagner, Third 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)

 

13452

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

 

BOARD APPOINTMENTS

 

 

Chairwoman Steel:

 

1.

Assessment Appeals Board No. 4 - Reappoint Scott Lee, Fullerton, for term ending 9/3/23

13452

APPROVED AS RECOMMENDED

 

2.

Assessment Appeals Board No. 2 - Reappoint Spring Chen, Irvine, for term ending 9/3/23

13452

APPROVED AS RECOMMENDED

 

3.

Supervisor Wagner - Assessment Appeals Board No. 5 - Reappoint Harrison K. Long, Irvine, for term ending 9/3/23

 

OC PUBLIC WORKS

 

4.

Adopt resolution certifying mileage of maintained streets and highways within unincorporated area of County of Orange; and make California Environmental Quality Act and other findings - All Districts

 

RESO: 20-120

 

5.

Adopt resolution vacating easement for utility purposes, Laguna Canyon Road; and making California Environmental Quality Act and other findings - District 3

 

RESO: 20-121

 

GENERAL ADMINISTRATION

 

6.

County Executive Office - Acting as the Orange County Flood Control District - Adopt resolution making findings required to use Orange County Flood Control District property; approve Communications Site License agreement with New Cingular Wireless PCS, LLC for wireless installation on Westminster Channel; 14990 Goldenwest Street, Westminster; ten-year term with two five-year extensions; authorize OC Public Works Director 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 1

 

RESO: 20-122

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 7-S21I)

 

ELECTED DEPARTMENT HEADS

 

7.

Assessor Department - Approve retroactive amendments to Joint Powers Agreements with other participating California counties including amendment 7, 7/1/18 - 6/30/20 ($86,710) and amendment 9, 7/1/20 - 6/30/24 ($300,432) for Standard and Electronic Standard Data Record; and amendment 3, 7/1/18 - 6/30/20 (32,369) and amendment 5, 7/1/20 - 6/30/24 ($58,948) with other participating California counties and State Board of Equalization for e-Forms development, management and administration; and authorize Assessor or designee to increase projected payments not to exceed 20% and execute amendments under certain conditions - All Districts

15342

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

8.

Receive and file status report and approve continuance of local health emergency and local emergency related to Novel Coronavirus (COVID-19); and set review to determine need for continuing local emergency for 10/6/20, 9:30 a.m. and every 30 days thereafter until terminated. Updates will be provided by 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 (2) 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 nonessential 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 (Continued from Special Meeting 3/2/20, Item 1; 3/24/20, Item 23; 4/14/20, Item 8; 5/5/20; Item 28; 6/2/20, Item 53; 6/23/20, Item 48; 7/14/20, Item 17; 8/11/20, Item 10)

15345

APPROVED AS RECOMMENDED

 

9.

Approve agreement MA-042-21010167 with Telecare Corporation for Housing Full Services Partnership, 9/15/20 - 6/30/23 ($7,590,032); renewable for two additional one-year terms; authorize County Procurement Officer or authorized Deputy to exercise cost contingency increase not to exceed 10% under certain conditions and execute agreement - All Districts

15342

APPROVED AS RECOMMENDED

 

10.

Approve amendment 2 to contracts MA-042-20010816 with Mercy House Living Centers, Inc. ($164,156; cumulative total $837,375), MA-042-20010813 with Kingdom Causes, Inc. dba City Net ($488,415; cumulative total $1,471,971) and MA-042-20010815 with Friendship Shelter, Inc. ($329,284; cumulative total $546,127) for Housing and Disability Advocacy Program services, 9/15/20 - 6/30/21; renewable for two additional one-year terms; authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute amendments - All Districts

51342

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

11.

Approve contract MA-012-20012081 with Java Connections, LLC dpa LaptopsAnytime for library laptop kiosks, chargers, components and related services, 9/15/20 - 9/14/25 ($1,904,992.30); authorize County Procurement Officer or authorized Deputy to execute contract; and authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions - All Districts

34152

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

12.

Rescind John Wayne Airport Records Control Schedule 276B, County Counsel Records Control Schedule 60D and Sheriff-Coroner Records Control Schedules 56C, 113B, 114C, 124D, 125B, 163C, 164B, 277C, 352A, 353A, 366, 367, 368, 369, 370, 371 and 372; approve newly created John Wayne Airport Records Retention Schedule 276C, County Counsel Records Retention Schedule 60E and Sheriff-Coroner Records Retention Schedules 56C, 113B, 114C, 124D, 125B, 163C, 164B, 277C, 352A, 353A, 366, 367, 368, 369, 370, 371, 372 and 386; and authorize County Executive Office to make immaterial changes to the County Records Management Policy and Standard Administrative Records Retention Schedule 16D as necessary - All Districts (4/5 vote of the members present)

B.O.

DELETED

 

13.

Adopt resolution of intention to grant 10-year, non-exclusive water pipeline franchise to Suburban Water Systems; set public hearing for 10/6/20, 9:30 a.m. for first reading and 10/20/20, 9:30 a.m. for second reading and adoption of proposed ordinance and Suburban Water Systems franchise; and make California Environmental Quality Act and other findings - District 4

45132

APPROVED AS RECOMMENDED

 

RESO: 20-123

 

14.

Receive bids and award contract MA-080-20012170 to Bitech Construction Company, Inc. for OC Loop El Cajon Bikeway Segment H Project ($2,554,396); authorize Director or designee to execute contract under certain conditions; and authorize return of bid guarantees to all bidders upon execution of contract - District 3

31452

APPROVED AS RECOMMENDED

 

15.

Approve job order contracts MA-080-20012172 with KYA Services, LLC and MA-080-20012173 with Pub Construction, Inc. for flooring services, 10 month terms ($4,900,000 each; aggregate total $9,800,000); authorize Director or designee to execute contracts under certain conditions; authorize return of bid guarantees to all bidders upon execution of contracts; and make California Environmental Quality Act and other findings - All Districts

31452

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

16.

Approve amendment 3 to contract 19-28-0065-SP-A3 with Orange County Asian and Pacific Islander Community Alliance, Inc. for employment and training services, 10/1/20 - 6/30/21 ($2,669,615; cumulative total $15,891,343); renewable for one additional one-year term; and authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions - All Districts

53142

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

17.

Approve grant applications/awards submitted by OC Community Resources, Health Care Agency, Sheriff-Coroner, County Executive Office and District Attorney and retroactive grant applications/awards submitted by Social Services Agency in 9/15/20 grant report and other actions as recommended; adopt resolutions authorizing OC Community Resources Director or designee to revise submittal of NOFA application to California Department of Housing and Community Development for Homekey Program and executing standard agreements, any subsequent amendments and related documents to the program; 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 ($773,386) and approving related actions under certain conditions; and adopt resolution authorizing District Attorney or designee to execute grant agreements and amendments with California Office of Traffic Safety for Alcohol and Drug Impaired Driver Vertical Prosecution Program, FFY 2020-21 ($1,039,400) and California Traffic Safety Resource Prosecutor Training Network, FFY 2020-21 ($761,738); and making California Environmental Quality Act and other findings - All Districts

13452

APPROVED AS RECOMMENDED

 

RESO: 20-124 - 20-128

 

18.

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

15342

APPROVED AS RECOMMENDED

 

19.

Adopt resolution approving Option Agreement and Ground Lease with Mind OC for entitlement, construction, operation, management and maintenance of Be Well OC Wellness Hub 2, South Campus located at 7780, 7800, 7850, 7880, 7900, 8010 and 8226 Marine Way, Irvine, 60-year term; authorize Chief Real Estate Officer or designee to execute agreement, lease, related documents, subsequent documents and amendments under certain conditions; and consider application of Final Environmental Impact Report and Final Second Supplemental Environmental Impact Report SCH#2002101020 certified by City of Irvine and other findings - District 3

31452

APPROVED AS RECOMMENDED

 

RESO: 20-129

 

20.

Approve Memorandum of Understanding with Superior Court of California, County of Orange for provision of services required by Trial Court Funding Act, 10/1/20 - 6/30/21; authorize County Executive Officer or designee to execute MOU; and authorize County Procurement Officer or authorized Deputy to make amendments under certain conditions - All Districts

15342

APPROVED AS RECOMMENDED

 

21.

Approve FY 2020-21 Final Budget resolution; direct Human Resources Services to amend Master Position Control; approve revised FY 2020-21 County Events Calendar and make related findings per Government Code Section 26227; adopt resolution designating United Way of Orange County to conduct FY 2020-21 Charitable Campaign for Orange County employees and approve employees authorization of payroll deductions and make related findings; approve FY 2020-21 Performance Audit Plan; direct Auditor-Controller to make payment of FY 2020-21 Local Law Enforcement allocation to local non-County agencies and to reimburse County Executive Office for actual costs incurred for Community Corrections Coordinator and Reentry Services approved by Community Corrections Partnership; approve and adopt amendments to 2003 Personnel and Salary Resolution, effective first day of pay period following adoption; approve classification specification and adjust pay grades for Biometric Identification Specialist series and delete Fingerprint Technician I (Title Code 3954GE) and Fingerprint Technician II (Title Code 3955GE), effective 9/25/20; and make related budget adjustments - All Districts

25134

APPROVED AS AMENDED TO DIRECT HUMAN RESOURCE SERVICES TO AMEND MASTER POSITION CONTROL TO ADD TWO FULL-TIME REGULAR VETERANS CLAIMS REPRESENTATIVES (7208CS) POSITIONS AND DIRECT AUDITOR-CONTROLLER TO INCREASE SALARY & EMPLOYEE BENEFITS BY $111,306 TO ORANGE COUNTY COMMUNITY RESOURCES BUDGET CONTROL 012, OFFSET BY AN EQUIVALENT DECREASE IN CONTINGENCY APPROPRIATIONS IN MISCELLANEOUS FUND BUDGET CONTROL 004

 

RESO: 20-130 - 20-131

 

JOHN WAYNE AIRPORT

 

S21A.

Approve Full-Service Fixed Base Operation leases with Clay Lacy Aviation, Inc. for Northwest parcel and Aviation Consultants, Inc. dba ACI Jet for Northeast parcel, 1/1/21 - 12/31/55; authorize Director or designee to make minor modifications and amendments under certain conditions and to provide 30 days written notice to terminate existing Southeast Fixed Based Operation Interim Lease with Newport FBO Two, LLC dba Atlantic Aviation; and consider application of Final Environmental Impact Report No. 627 and other findings - District 2 (4/5 vote of the members present)

25134
   N

APPROVED RECOMMENDED ACTION #2 TO EXECUTE LEASE WITH CLAY LACY AVIATION INC., FOR A FULL-SERVICE FBO ON THE NORTHWEST PARCEL

 

25134

APPROVED RECOMMENDED ACTION #3 TO EXECUTE LEASE WITH AVIATION CONSULTANTS, INC. DBA ACI JET, FOR A FULL-SERVICE FBO ON THE NORTHEAST PARCEL

 

25134

APPROVED RECOMMENDED ACTIONS 1, 4 AND 5

 

GENERAL ADMINISTRATION

 

S21B.

Vice Chairman Do - Direct Health Care Agency or designee to conduct free drive thru flu vaccine clinic with walk up capabilities in each of five supervisorial districts, develop free mobile flu vaccine clinic operational plan by 9/30/20 and provide public education in English, Spanish, Vietnamese, Korean and Chinese in accordance with County's Language Access Policy

12345

APPROVED AS AMENDED TO DIRECT STAFF TO ENGAGE IN COMMUNITY OUTREACH AND EDUCATION PLANNING TO ADVISE AND INFORM THE COMMUNITY OF THE GREATER NEED TO GET A FLU VACCINATION THIS YEAR

 

S21C.

Vice Chairman Do and Supervisor Chaffee - Direct Health Care Agency or designee to develop COVID-19 testing strategy and operational plan to expand testing into Asian Pacific Islander (API) and Middle Eastern and North African (MENA) Communities in Orange County; identify non-traditional venues for mobile test sites, and identify community-based organization to administer API and MENA COVID-19 testing strategy following California Department of Public Health testing guidelines

41352

APPROVED AS RECOMMENDED

 

S21D.

Chairwoman Steel - Approve and implement Veterans Employment Preference Policy, effective 9/15/20

21345

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

S21E.

Approve agreement MA-060-21010188 with Rancho Santiago Community College District for tuition/registration fees for criminal justice classes, 10/1/20 - 9/30/23 ($894,000); renewable for one additional two-year term; and authorize County Procurement Officer or authorized Deputy to execute agreement - District 1

12345

APPROVED AS RECOMMENDED

 

S21F.

Approve agreement MA-060-21010186 with Rancho Santiago Community College District for use of facilities and instructional services, 10/1/20 - 9/30/23 (total revenue $1,875,000); renewable for one additional two-year term; and authorize County Procurement Office or authorized Deputy to execute agreement - District 1

12345

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

S21G.

Approve master agreement MA-042-21010003 with various providers for Coronavirus Aid, Relief and Economic Security (CARES) Act Grant Assistance for Acute Hospitals for eligible medical expenses, 9/16/20 - 12/30/20; and authorize County Procurement Officer or authorized Deputy to execute individual agreements - All Districts

13452

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S21H.

Chairwoman Steel - Assessment Appeals Board No. 5 - Reappoint Min Chai, Irvine for term ending 9/3/23

21345

APPROVED AS RECOMMENDED

 

S21I.

Chairwoman Steel and Supervisor Wagner - Adopt resolution opposing Proposition 15

32145
  NNN

MOTION FAILED TO CARRY

 

IV.PUBLIC HEARINGS (None)

 

V.CLOSED SESSION

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

SCS1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case: Mihaela Iliescu v. County of Orange, Orange County Superior Court Case Number 30-2016-00833628

B.O.

HELD, COUNTY COUNSEL READ: BY A UNANIMOUS VOTE, THE BOARD AUTHORIZED COUNSEL TO EXPLORE A POTENTIAL SETTLEMENT IN THE CASE OF MIHAELA ILIESCU V. COUNTY OF ORANGE.

 

SCS2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case: Monica Garcia, et al. v. County of Orange, United States District Court Case No. CV 17-7892 JVS (JDEx)

B.O.

HELD, COUNTY COUNSEL READ: BY A UNANIMOUS VOTE, THE BOARD APPROVED A PROPOSED SETTLEMENT IN THE CASE OF MONICA GARCIA, ET AL. V. COUNTY OF ORANGE. THE AGREEMENT INCLUDES A MINOR'S COMPROMISE THAT REQUIRES APPROVAL FROM THE DISTRICT COURT. WHEN THE AGREEMENT IF FINALIZED, COPIES WILL BE MADE AVAILABLE THROUGH CEO-RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

SCS3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case: Sandra Hawkins v. County of Orange, Orange County Superior Court Case Number 30-2019-01057010

B.O.

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

 

VI.PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Brigitte - Oral re: Cover-up of crimes by judges in probate courts; racketeering cases; Board is running a corrupt illegal operation and covering it up

 

Ilya Tseglin - Oral re: Coming to Board meetings for 9 years pleading for the life of his son who was kidnapped and is being murdered

 

Robert Tseglin - Oral re: Nate Tseglin placed in group home; psychotropic and medical abuse; Public Defender obstructing justice, concealing records and denial of medical evidence

 

Bryan Kaye - Oral re: Commented on Facebook post of Chairwoman Steel and the importance of standing up to the Chinese Communist Party; his parents escaped Nazi Germany to come to America where petitions are ignored

 

Name not provided - Oral Re: Supports keeping JSX at John Wayne Airport and recalled her experiences flying with them upon the death of a family member

 

Kian Zarnegar - Oral re: Works for JSX and wants to keep JSX at John Wayne Airport

 

Joe Daichendt - Oral re: Wants the Board to know that ACI, Jet also supports keeping JSX at John Wayne Airport

 

Alex Willox - Oral re: CEO of JSX; requested the Board work with them to find a way to continue service at John Wayne Airport so they can keep their commitment to customers intact

 

David Duran - Oral re: FY 2020-21 Budget is greater than prior fiscal year and Supervisors continue to maliciously allow homeless to die on the streets; homeless deaths in 2020 are on track to double last year's deaths and Supervisors and CEO remain blind to the needs of homeless and those suffering abject poverty

 

Felicity Figueroa - Oral re: Mobile fingerprinting service is draconian in terms of how it will impact the undocumented community; the Board has not been transparent about whether they will be sharing their data and meta-data with any other government agencies including ICE; demands date be set for the 2020 Truth Act Forum for transparency on how law enforcement is transferring community members to ICE custody

 

Lulu Hammad - Oral re: Failure of the Board to serve the public interest and persistence on funding those who help board members get re-elected; submitted a poem titled "Everyone Else Must Fall"

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

None

 

ADJOURNED:3:01 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