REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, December 8, 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 Chaffee, Fourth District, led the assembly in the Pledge of Allegiance

 

I.PRESENTATIONS/INTRODUCTIONS (None)

 

II.CONSENT CALENDAR (Items 1-18)

 

15342

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 5 WHICH WAS CONTINUED TO 1/12/21, 9:30 A.M.; AND ITEMS 1, 2, 3 AND 18 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Chaffee - Orange County Workforce Development Board - Reappoint Ernesto Medrano, Anaheim, for term ending 12/31/23

45132

APPROVED AS RECOMMENDED

 

 

Vice Chairman Do:

 

2.

John Wayne Airport Arts Commission - Reappoint Tram Le, Anaheim, for term concurrent with 1st District Supervisor's term of office

13452

APPROVED AS RECOMMENDED

 

3.

Development Processing Review Committee - Reappoint Michael Recupero, San Juan Capistrano and John O'Neill, Garden Grove, for terms concurrent with 1st District Supervisor's term of office

15342

APPROVED AS RECOMMENDED

 

DEPARTMENT APPOINTMENTS

 

4.

Health Care Agency - Approve revised bylaws of Orange County HIV Planning Council to clarify filling mandated membership category seats, affiliate members as voting delegates, terms for annual and mid-year appointments and other administrative changes; and appoint Dr. Charles "Scott" Huffman, Santa Ana, and Lydia Tran, Garden Grove, for terms ending 12/31/22; and reappoint Keean Kirk, Laguna Hills, for term ending 12/31/22 - All Districts

 

ELECTED DEPARTMENT HEADS

 

5.

Auditor-Controller - Approve contract MA-003-21010760 with Sycomp, A Technology Company for IBM V7200 Utility Model for 178TB usable storage, three-year lease ending 12/31/23 ($257,832); and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

15342

CONTINUED TO 1/12/21, 9:30 A.M.

 

6.

District Attorney - Approve amendment 2 to contract MA-042-17011420 with Panoramic Software, Inc. for addition of professional services community contacts table to District Attorney-Public Administrator Electronic Records Management System, 7/1/20 - 6/30/21 ($135,600; cumulative total $2,289,600); renewable for one additional one-year term; and authorize County Procurement Officer or authorized Deputy to execute amendment and amendments for additional services under certain conditions - All Districts

 

OC PUBLIC WORKS

 

7.

Approve Final Tract Map 17931; approve Subdivision Improvement Agreement S20-06228 with RMV PA3 Development, LLC; accept bonds guaranteeing construction; accept dedication of easements for public streets, public utilities, storm drains, slope, drainage and access purposes and accept vehicular access rights to Cow Camp Road - District 5

 

8.

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

 

9.

Award contract MA-012-21010555 to GEMS Environmental Management Services, Inc. for Tri-City Regional Park Accessible Fishing Dock, 360-day term ($372,756); authorize Director or designee to execute contract under certain conditions; and make California Environmental Quality Act and other findings - District 4

 

10.

Award contract CT-012-21010478 to Exbon Development, Inc. for Tri-City Regional Park Exercise Equipment Area, 120-day term ($295,025); authorize Director or designee to execute contract under certain conditions; and make California Environmental Quality Act and other findings - District 4

 

SOCIAL SERVICES AGENCY

 

11.

Approve non-financial Memorandum of Understanding (MOU) with California Department of Child Support Services for access to Child Support Enforcement System, 1/1/21 - 12/31/23; and authorize Director or designee to execute MOU - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

12.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Anaheim Union High School District - Districts 2, 3 and 4

 

13.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Cypress School District - District 2

 

14.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Irvine Unified School District - Districts 3 and 5

 

15.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Nova Academy Early College High School - District 1

 

 

County Executive Office:

 

16.

Adopt resolution approving FY 2019-20 Measure M2 Expenditure Report; authorize Chief Financial Officer or designee to sign and submit report to Orange County Transportation Authority for fiscal year ending 6/30/20 - All Districts

 

RESO: 20-169

 

17.

Approve contract MA-017-21010675 with CSU Fullerton Auxiliary Services Corporation for redistricting support services, 12/8/20 - 12/31/21 ($75,000); 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

 

18.

Registrar of Voters - Receive and file certification of election and Statement of Votes Cast for November 3, 2020, Presidential General Election; and declare elected or nominated the persons having the highest number of votes for that office - All Districts

15342

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 19-S32E)

 

ELECTED DEPARTMENT HEADS

 

19.

Assessor Department - Adopt resolution increasing low value property tax exemption for unsecured personal property ($7,500) and secured real property ($3,000) and rescinding Resolution 15-093; and adopt resolution eliminating tax liens if base tax amount outstanding or delinquent is less than $75 excluding any interest, penalties or other fees, effective 1/1/21 - All Districts

15342

APPROVED AS RECOMMENDED

 

RESO: 20-170 - 20-171

 

 

Sheriff-Coroner:

 

20.

Approve revisions to class specifications for Assistant Sheriff, Commander, Captain and Lieutenant, effective 1/1/21; and approve reallocation of two Commander positions to Assistant Sheriff, effective 12/18/20 - All Districts

53142

APPROVED AS RECOMMENDED

 

21.

Ratify amendment 2 to agreement with County of San Diego and participating public entities for FY 2018 Operation Stonegarden Grant, effective 8/13/20; ratify acceptance of 2018 grant award funds from California Office of Emergency Services ($91,000); and authorize Sheriff-Coroner to execute amendment - All Districts

53142

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

22.

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 12/15/20, 9:30 a.m. - All Districts

B.O.

CONTINUED TO 12/15/20, 9:30 A.M.

 

JOHN WAYNE AIRPORT

 

23.

Approve contract MA-280-21010706 with ePlus Technology, Inc. for new network infrastructure, three-year term ($1,421,087); authorize County Procurement Officer or authorized Deputy to execute contract; and make California Environmental Quality Act and other findings - District 2

B.O.

CONTINUED TO 12/15/20, 9:30 A.M.

 

OC PUBLIC WORKS

 

24.

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; 7/28/20, Item 15)

B.O.

CONTINUED TO 5/25/21, 9:30 A.M.

 

25.

Approve contracts MA-080-21010645 with Myers & Sons Hi-Way Safety, Inc. and Statewide Traffic Safety & Signs, Inc. dba Statewide Safety Systems for construction site flagger services, 12/11/20 - 12/10/23 (aggregate total $1,500,000); renewable for two additional one-year terms; and authorize County Procurement Officer or authorized Deputy to execute contracts - All Districts

15342

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

26.

Approve amendment 1 to agreement WRR1015-A1 with MAXIMUS Human Services, Inc. for case management services, 7/1/21 - 6/30/22 ($5,969,080; cumulative total $35,100,314) - All Districts

B.O.

CONTINUED TO 4/13/21, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

27.

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

51342

APPROVED AS RECOMMENDED

 

28.

Approve grant applications/awards submitted by Health Care Agency, John Wayne Airport and District Attorney and retroactive grant applications/awards submitted by Sheriff-Coroner in 12/8/20 grant report and other actions as recommended; 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 per year); adopt resolution authorizing HCA Director or designee to submit and execute applications, related documents and amendments to State Department of Resources Recycling and Recovery for Waste Tire Enforcement Grant 28th Cycle; adopt resolutions authorizing District Attorney or designee to execute grant award agreements and amendments with California Department of Insurance for Disability and Healthcare Insurance Fraud Program ($1,138,526) and Workers' Compensation Insurance Fraud Program ($6,200,827), 7/1/20 - 6/30/21; and making California Environmental Quality Act and other findings - All Districts

13452

APPROVED AS RECOMMENDED

 

RESO: 20-182 - 20-185

 

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 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 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.

Reappoint Robin Stieler as Clerk of the Board; approve amendment 4 to employment agreement, effective 11/17/20 ($160,765 annual salary; total compensation including benefits $248,806) - All Districts

53142

APPROVED AS RECOMMENDED

 

31.

Approve amendment 3 to Ground Lease with Shelter Providers of Orange County dba HomeAid Orange County for additional funding for improvements related to prevention of COVID-19 at Yale Transitional Center; authorize Chief Real Estate Officer or designee to execute amendment; and direct Auditor-Controller or designee to issue payment under certain conditions - District 1

15342

APPROVED AS RECOMMENDED

 

32.

Chairwoman Steel and Supervisor Wagner - Adopt resolution recognizing Republic of Artsakh and condemning Turkish and Azerbaijani aggression against the Armenian People (Continued from 11/17/20, Item S28A)

23145
   A

APPROVED AS RECOMMENDED

 

RESO: 20-172

 

S32A.

Supervisor Wagner - Orange County Waste Management Commission - Appoint Isabell Kerins, Silverado, for term ending 1/18/23

31452

APPROVED AS RECOMMENDED

 

S32B.

Supervisor Chaffee - Orange County Airport Commission - Appoint Brendan O'Reilly, Whittier, for term concurrent with 4th District Supervisor's term of office

45132

APPROVED AS RECOMMENDED

 

S32C.

Supervisor Bartlett - Orange County Veterans Advisory Council - Appoint Alexis Paschedag Federico, Dana Point, for term ending 1/4/22

51342

APPROVED AS RECOMMENDED

 

S32D.

Supervisor Chaffee - Approve subrecipient agreements with Anaheim Union High School District and Buena Park Elementary School District for Coronavirus Aid, Relief and Economic Security (CARES) Act assistance and transfer certain assets to bring internet connectivity to low broadband neighborhoods to support distance learning due to COVID-19 public health emergency; authorize County Executive Officer or designee to execute related documents; and make findings pursuant to Government Code Section 26227

45132

APPROVED AS RECOMMENDED

 

S32E.

Supervisor Wagner and Supervisor Bartlett - Adopt Healthy Communities Resolution approving County of Orange commitment to principles that County is best served to respond locally to COVID-19; that County is geographically diverse and ill-suited to region-wide restrictions; that school districts able to safely open, provide in-person instruction to the greatest extent possible without further delay; and that County requests extension beyond December 31, 2020 to encumber and spend Federal CARES Act funding

35142

APPROVED AS AMENDED TO REVISE NUMBER 4 ON RESOLUTION TO READ: THAT OUR COUNTY URGES OUR LEGISLATIVE DELEGATION TO WORK WITH THE GOVERNOR'S OFFICE TO FACILITATE LOCAL CONTROL.

 

RESO: 20-173

 

IV.PUBLIC HEARINGS (Items 33-S34B)

 

ELECTED DEPARTMENT HEADS

 

33.

District Attorney - Public Hearing to consider adopting resolution approving increase in vehicle registration fees collected by California Department of Motor Vehicles to fund Orange County Auto Theft Task Force from $1 to $2 for base registration fee and from $3 to $4 for commercial vehicle registration, effective 6/8/21; and make California Environmental Quality Act and other findings - All Districts

B.O.

CLOSED PUBLIC HEARING

 

15342

APPROVED AS RECOMMENDED

 

RESO: 20-174

 

OC COMMUNITY RESOURCES

 

34.

Public Hearing to consider adopting FY 2021-22 Funding Allocation Policy and Process for Housing and Community Development Activities - All Districts

B.O.

CLOSED PUBLIC HEARING

 

13452

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S34A.

County Counsel - Pursuant to Government Codes Section 7283.1 conduct public hearing regarding Transparent Review of Unjust Transfers and Holds (TRUTH) Act and receive and file information from County law enforcement departments regarding Immigration and Customs Enforcement's access to individuals in 2019 - All Districts

B.O.

CLOSED PUBLIC HEARING

 

53142

APPROVED AS RECOMMENDED

 

S34B.

County Executive Office - Acting as the Orange County Flood Control District - Public Hearing to consider adopting Resolutions 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

 

31452

APPROVED AS RECOMMENDED

 

RESO: 20-175 - 20-181

 

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

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

CS-1.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:Megan Julienne v. County of Orange, Orange County Superior Court Case Number 30-2019-01066030-CU-PA-CJC

B.O.

COUNTY COUNSEL READ: THE BOARD UNANIMOUSLY APPROVED A PROPOSED SETTLEMENT IN THE MATTER OF MEGAN JULIENNE V. COUNTY OF ORANGE.THE 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.

 

CS-2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:Brandon Vineyard v. County of Orange, Orange County Superior Court Case Number 30-2019-01107927

B.O.

COUNTY COUNSEL READ: THE BOARD UNANIMOUSLY APPROVED A PROPOSED SETTLEMENT IN THE MATTER OF BRANDON VINEYARD V. COUNTY OF ORANGE.THE 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

 

SCS3.

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.

HELD, NO REPORTABLE ACTION

 

VI.PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Ilya Tseglin - Oral re: Corrupted courts and collusion between judges, public defender, the Attorney General, Social Services, and law enforcement are common practice

 

Robert Tseglin - Oral re: Nate Tseglin probate case, kidnapped and placed in group home, complaints of abuse have been denied and covered up; contempt of due process and failure of oversight

 

Bryan Kaye - Oral re: Filed complaints have been ignored, forged plea agreement by judge

 

Name not provided - Oral re: Country has become like communist China; not all in this together because people are losing children to suicide, don't know what the average person is going through

 

Name not provided - Oral re: Supervisors are in a place of privilege and hand out sentiments and thoughts; people cannot afford to put food on their tables; the resolution will not do anything, it is just placating people, no one has the right to say who is essential and not essential

 

David - Oral re: Voter fraud; declaration of martial law, wicked people placed in positions of government

 

Cassandra - Oral re: Science and electromagnetic frequency that comes out of people's hearts and people need to be around each other to live; vitamin D from the sun; Bill Gates should not have anything to do with vaccine because his agenda is de-population

 

David Duran - Oral Re: Allow unsheltered individuals to remain in encampments with distancing during pandemic; connect high risk individuals with rooms or other safe housing; provide working and stocked restrooms including hand-washing supplies and sanitizers

 

Felicity Figueroa - Oral Re: Truth Act forum; mental health needs of the community need to be addressed and not through expansion of Musick jail; focus should be on mental health services and stable housing

 

Pat Davis - Oral Re: Opposes expansion of Musick jail as a mental health jail; project will come at substantial cost to the county

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

None

 

ADJOURNED:2:50 P.M.

52134

Adjourned in memory of John Paoletti

 

 

***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