REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, October 20, 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

 

Valerie Sanchez, Chief Deputy

 

INVOCATION:Vice Chairman Do, First District, gave the invocation

 

PLEDGE OF ALLEGIANCE:Supervisor Chaffee, Fourth District, led the assembly in the Pledge of Allegiance

 

I.PRESENTATIONS/INTRODUCTIONS (None)

 

II.CONSENT CALENDAR (Items 1-7)

 

13452

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 1 WHICH WAS CONTINUED TO 11/17/20, 9:30 A.M.; AND ITEMS 2, 3 AND 5 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Vice Chairman Do - Assessment Appeals Board No. 5 - Reappoint Scott Weimer, Garden Grove, for term ending 9/3/23

13452

CONTINUED TO 11/17/20, 9:30 A.M.

 

ELECTED DEPARTMENT HEADS

 

2.

Sheriff-Coroner - Receive and file annual Inmate Welfare Fund Revenue and Expenditure Reports for FY 2019-20 - Districts 1, 3 and 5

31452

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

3.

Approve amendment 4 to contract MA-012-16011855 with The ACE Agency, Inc. for management services for OC Parks Summer Concert Series, 1/1/21 - 12/31/21 ($400,000; cumulative total $2,200,000); and authorize County Procurement Officer or authorized deputy to execute amendment - All Districts

35142

APPROVED AS RECOMMENDED

 

4.

Receive and file FY 2019-20 Developer Fee Deposit Balance Report; and make related findings - All Districts

 

5.

Approve Memorandum of Understanding (MOU) with Dayle McIntosh Center and Office on Aging to provide single entry point for services, 10/21/20 - 10/21/23 ($500,000); and authorize Director or designee to execute MOU - District 4

15342

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

6.

Clerk of the Board - Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Santa Margarita Water District - District 5

 

7.

County Executive Office - Approve Type 2 Work Orders NCY2-001 and NCY1-025 under agreement for managed services network, voice and security with Science Applications International Corporation for services to support network implementation for John Wayne Airport ($880,000) and services to support various projects for OC Information Technology shared services departments and John Wayne Airport ($266,280); and authorize Chief Information Officer or designee to execute work orders and modify milestone end date under certain conditions - All Districts

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 8-S16G)

 

HEALTH CARE AGENCY

 

8.

Approve retroactive Memorandum of Understanding with City of Buena Park to allocate Coronavirus Aid, Relief, and Economic Security Act funding for operation of Buena Park Navigation Center, 9/30/20 - 12/30/20 ($1,000,000) - Districts 2 and 4

42135

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

9.

Approve Certificated Passenger Airline Lease with Spirit Airlines, Inc., 11/1/20 - 12/31/25; authorize Director to allocate three regulated Class A average daily departures and seat capacity, 11/1/20 - 12/31/25 and to allocate remain overnight position under Phase 2 Commercial Airline Access Plan and Regulation, 11/1/20 - 12/31/21; and authorize Director or designee to make minor modifications and amendments under certain conditions - District 2 (4/5 vote of the members present)

21345

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

10.

Award contract MA-299-21010247 to Sukut Construction, LLC for FRB South East Perimeter Access Road Improvements Project, Frank R. Bowerman Landfill, 90-day term ($2,118,299); and authorize Director or designee to execute contract - District 3

35142

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

11.

Approve amendment 10 to renew contract MA-299-17010397 with Quinn Company for heavy equipment maintenance and repair services, 12/1/20 - 11/30/21 ($8,000,000; cumulative total $40,000,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - Districts 3, 4 and 5

34152

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

12.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters on the 10/6/20 and 10/20/20 legislative bulletins - All Districts

35142

APPROVED AS RECOMMENDED

 

13.

Approve lease agreement with Balboa Yacht Club for continued operation of facility, Newport Bay, 30-year term; and make California Environmental Quality Act and other findings - District 2 (4/5 vote of the members present)

25134

APPROVED AS RECOMMENDED

 

14.

Approve grant applications/awards submitted by Health Care Agency, Social Services Agency, OC Community Resources, OC Public Works, District Attorney and Sheriff-Coroner in 10/20/20 grant report and other actions as recommended; adopt resolution authorizing HCA Director or designee to submit application to California Department of Housing and Community Development for Emergency Solutions Grants program CARES Act funds (ESG-CV2) and execute standard agreement, any subsequent amendments and related documents to the program; adopt resolution authorizing SSA Director or designee to apply, accept, execute, amendments and deliver any related documents for Transitional Housing Program ($208,000) from State Department of Housing and Community Development; adopt resolution approving standard agreement FA-2021-22 with California Department of Aging for Financial Alignment program, 11/17/20 - 10/31/20 ($58,351); and authorizing OCCR Director or designee to execute agreement, amendments and related documents; adopt resolution authorizing OCPW Director or designee to apply for and accept Orange County Transportation Authority Comprehensive Transportation Program grant for Los Patrones Parkway Extension Project and execute application and cooperative agreement with Rancho Mission Viejo; adopt resolutions authorizing OCPW Director or designee to accept Measure M2 Regional Traffic Signal Synchronization Program funding, execute cooperative agreements and amendments with Orange County Transportation Authority and/or Participating Agencies, and invoice for Crown Valley Parkway Corridor Improvement Project and First Street/Bolsa Avenue Corridor Project; adopt resolution authorizing District Attorney or designee to execute grant award agreement and amendments with California Office of Emergency Services for Victim/Witness Assistance Program, 10/1/20 - 9/30/21 ($3,067,810); and making California Environmental Quality Act and other findings - All Districts

51342

APPROVED AS RECOMMENDED

 

RESO: 20-143 - 20-149

 

15.

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

 

16.

County Executive Office and Treasurer-Tax Collector - Approve Assignment, Novation and Consent agreement and amendment 1 assigning contract MA-017-16011056 from York Risk Services Group, Inc. to Sedgwick Claims Management Services, Inc. for Third Party Administration and Managed Care services, effective 11/1/20; adopt resolution repealing Resolution 98-435 and establishing and maintaining stand-alone trust fund with prefunded balance outside County Treasury for workers' compensation payments to claimants and medical and legal providers, not to exceed 30-day period, pursuant to Government Code section 31000.8; and authorize County Procurement Officer or authorized Deputy to execute agreement and amendment - All Districts

31452

APPROVED AS RECOMMENDED

 

RESO: 20-150

 

S16A.

Supervisor Wagner - North Tustin Advisory Committee - Reappoint John (Pat) Welch, Santa Ana, for term ending 3/31/23

31452

APPROVED AS RECOMMENDED

 

S16B.

Vice Chairman Do and Supervisor Chaffee - Approve distribution of CARES Act funding allocated for economic support due to Coronavirus Disease 2019 (COVID-19) for licensed family child care homes, licensed centers and group care school aged programs ($5,000,000); authorize County Executive Officer or designee to enter into negotiations and execute contract with Charitable Ventures to act as Third-Party Administrator to manage county operated child care funding program

41352

APPROVED AS RECOMMENDED

 

S16C.

Chairwoman Steel and Supervisor Wagner - Direct Social Services Agency (SSA) to issue an amendment to agreement with Second Harvest Food Bank of Orange County, Inc. and Community Action Partnership of Orange County for emergency food distribution services, 5/19/20 - 11/30/20 ($3,000,000; cumulative total $6,000,000); and authorize SSA Director or designee to execute amendment

32145

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S16D.

Sheriff-Coroner - Approve amendment 1 to contract MA-060-19010180 with Computer Deductions Inc. to manage, supervise and operate Unisys mainframe computer and all Sheriff-Coroner Data Center operations, 11/1/20 - 10/31/21 ($1,115,832); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

53142

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S16E.

Chairwoman Steel and Vice Chairman Do - Approve master agreement MA-042-21010443 with various providers for Coronavirus Aid, Relief and Economic Security (CARES) Act Grant Assistance, for Skilled Nursing Facilities and MA-042-21010633 for Community Health Centers for eligible medical expenses, 10/20/20 - 12/30/20; and authorize County Procurement Officer or authorized Deputy to execute individual agreements - All Districts

21345

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

S16F.

Approve selection of and contact MA-042-21010448 with Telecare Corporation for sobering center services, 11/1/20 - 6/30/23 ($2,940,932); 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 contract - District 3

B.O.

CONTINUED TO 11/3/20, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

S16G.

County Executive Office - Authorize OC Community Resources Director or designee to accept Homekey Program grant funds ($23,088,000), execute standard agreements and related documents including escrow instruction necessary to receive funds for escrow for 7161 Katella Avenue and 11850 Beach Boulevard, Stanton; authorize Chief Real Estate Officer or designee to complete purchase and sale agreement with Global Student Housing, LLC dba Stanton Inn & Suites for motel property located 7161 Katella Avenue, Stanton, ($7,300,000) including making minor modifications, amendments, sign related documents and perform related actions under certain conditions; authorize funds ($200,000) for due diligence and other related costs; direct Auditor-Controller to make related payments under certain conditions; approve use of Homekey Program grant funds ($9,500,000) for purchase of motel property by JHC-ACQUISITIONS LLC at 11850 Beach Boulevard, Stanton; approve relocation plan; approve ground lease agreement with JHC-ACQUISITIONS LLC for term not exceed 60-years to plan, design, fund, construct, renovate, market, operate, manage and maintain property located at 7161 Katella Avenue, Stanton; authorize Chief Real Estate Officer or designee to execute lease; adopt resolution making certain findings pursuant to Government Code Section 26227; approve Mental Health Services Act loan commitment to Jamboree Housing Corporation or to-be-formed limited partnership to develop 10 units located at 7161 Katella Ave., Stanton; ($1,085,000); authorize OCCR Director or designee to decrease Mental Health Services Act funds in 2020 Supportive Housing Notice of Funding Availability and use the funds to fulfill local match requirement; approve subordination of Mental Health Services Act loan to Jamboree Housing Corporation for purchase of property at 7161 Katella Ave., Stanton, at permanent financing to additional senior debt; authorize OCCR Director or designee to execute related documents; authorize Auditor-Controller to fund escrow accounts and make related budget adjustments under certain conditions; and make CEQA and other findings - District 2 (RA #15 requires 4/5 vote of the members present)

23145

APPROVED AS RECOMMENDED

 

RESO: 20-151

 

IV.PUBLIC HEARINGS (Item 17)

 

OC PUBLIC WORKS

 

17.

Public Hearing to consider second reading and adoption of "An Ordinance of the Board of Supervisors of the County of Orange Granting to Suburban Water Systems, A California Corporation, a Franchise for the Distribution of Water within Certain Public Streets and Highways within Unincorporated Area" - District 4 (Continued from 10/6/20, Item 18)

B.O.

CLOSED PUBLIC HEARING

 

41352

APPROVED AS RECOMMENDED

 

ORD: 20-007

 

V.CLOSED SESSION

 

GENERAL ADMINISTRATION

 

SCS1.

County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property LocationCounty Owned Property at Former MCAS El Toro
County NegotiatorThomas A. Miller, Chief Real Estate Officer
Negotiating PartySimpson ChevroletRanscapes, Inc.
Sysco RiversideNorm Reeves Honda
Tuttle-Click Auto GroupOC Storage LLC
City of Irvine Great Scott Tree Service
Irvine BMWIrvine Subaru
Arbor GroupMacias Gardening
Under NegotiationTerms of and Value of Existing Licenses and Leases

B.O.

HELD, NO REPORTABLE ACTION

 

VI.PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Brigitte - Oral re: Ilya Tseglin and public comments at board meetings; Public offender is under County jurisdiction; Nate Tseglin being medically kidnapped; deaths in custody; damage to the public trust

 

Name not provided - Oral re: Death of Kurt Reinhold; deputies were back on the job days afterward; houselessness and blackness means zero accountability for police; District Attorney also to blame; reopen case of David Sullivan

 

Humberto Guizar - Oral Re: Attorney with Justice X legal group dedicated to addressing systemic inequality; represents family of David Sullivan shot by Buena Park Police; District Attorney ruled shooting justified; District Attorney system is a fraud

 

Christian Contreras - Oral re: Member of Justice X legal group; police shooting death of David Sullivan; reopen the investigation; Police Officers Standards and Training

 

Deanna Sullivan - Oral re: Mother of David Sullivan who says David was helping his grandparents, working two jobs, played musical instruments; and was a loyal friend before he was murdered by Buena Park police; wants District Attorney to reopen investigation

 

Kent Henderson - Oral re: Death of David Sullivan at the hands of police; watch the video because David was unarmed, didn't have anything in his hands and was not reaching for a gun; there have been no prosecutions of police officers in 35 years

 

Carlos Montes - Oral re: Need public education and police reform; provide trauma support to families; requesting District Attorney reopen case of David Sullivan; Jackie Casey in pocket of police unions

 

Katie N. - Oral re: Agrees with the attorneys and family of David Sullivan to reopen the case; global civil rights movement right now; black man murdered by police

 

Name not provided - Oral re: Jail killer cops; do something to stop police brutality; focus on community resources; deaths of David Sullivan, Kelly Thomas and Kurt Reinhold are proof of police brutality against houseless people

 

Name not provided - Oral re: Lethal force used by officers against the houseless; houseless population is growing as a result pandemic

 

Ilya Tseglin - Oral re: Attorneys for David Sullivan said what he has been trying to say for nine years coming to the board meetings to save life of innocent son; Board knows the court is a house of lies and corrupted judges; Board has control of Public Defender

 

Robert Tseglin - Oral re: Probate Case of Nate Tseglin; kidnapped and placed in group home; allegations of abuse are covered up; Public Defender is supposed to defend people; conservatee protections

 

Sylvia N. - Oral re: Attended September 26th march for equality which was a peaceful demonstration to bring awareness to systemic injustice and police brutality; counter-protesters surrounded the peaceful protesters and police did nothing to stop them; reopen case of David Sullivan

 

Bryan Kaye - Oral re: Agenda item placement and changes to public comments; deaths of inmates in Sheriff custody and invested in terrifying people and tearing families apart

 

Sam Sullivan - Oral re: Sister of David Sullivan who was murdered by police; wants District Attorney to reopen investigation and take action against the police who shot her brother

 

Karen H. - Oral re: Death of Kurt Reinhold; Sheriff comments about reserving judgement; police killing has to stop; Jaywalking while homeless should not get you killed in Orange County; hold killer cops accountable

 

Name no provided - Oral re: KTLA article regarding Tatiana Turner and incident at peaceful protests where counter-protesters were threatening; no statement about Jamie Mulford; Sheriff and District Attorney are guilty of collective hubris

 

Lorie S. - Oral re: Christopher Eisinger killed by police putting their weight on him resulting in five skull fractures and broke his eye socket; brutality by Anaheim police; reopen case of both David Sullivan and Kurt Reinhold

 

Douglas Chapman - Oral re: Requests waiver of the increased dog license fee for owning non-spayed pets when they are unable to be spayed due to health conditions that make surgery too dangerous.Would like to pay the regular dog license fee since they are unable to spay their dog and will not allow her to breed

 

Carry On - Oral re: Yorba Linda protest incident and Tatiana Turner; black people cannot find rest in Orange County; looking for safe haven

 

David Duran - Oral re: Andrew Do and alleged residency fraud; Michelle Steel allegedly took daughter out of college for supporting gay marriage and is against the LGBTQ community; murder of Kurt Reinhold by OC Sheriff's homeless liaison officers was avoidable, unacceptable, egregious and criminal; black lives matter

 

Felicity Figueroa - Oral re: Demand date be set for 2020 Truth Act Forum required by law to provide transparency regarding how law enforcement is transferring community members to ICE custody in the middle of a pandemic; appalled that Michelle Steel is going to do the welcome for the Hate Crimes report at the OC Human Relations event since she is against LGBTQ+ individuals

 

Pat Davis - Oral re: Supervisors Steel and Bartlett should be banned from the room for attending unmasked Trump super-spreader event in Newport Beach over the weekend; and Supervisor Wagner went unmasked to an anti-science event in Inland Empire; Supervisor Do trying to raise funds for failing re-election campaign by money laundering; fake ballot box travesty; Supervisor Steel's attendance at OC Human Relations event when she is against LGBTQ and is anti-sanctuary

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Supervisor Chaffee - Oral Re: Thanked OC Parks for coordinating Drive-in Movie nights; 4th District Kindness Awards event scheduled for November 13th

 

Chairwoman Steel - Oral Re: Orange County received Golden Hub of Innovation Award for housing efforts; presented Vice Chairman Do with his 20-year service award pin

 

ADJOURNED:1:57 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