REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, January 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

CHAIR

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 Chaffee, Fourth 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 1-12)

 

13452

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 1, 3 AND 5 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Chaffee - Orange County Waste Management Commission - Appoint Tamara Wallace, Fullerton, to complete term ending 11/14/20

15342

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

2.

Authorize Auditor-Controller to delete damaged, destroyed, dismantled, missing, obsolete, stolen and surplused equipment from County Executive Office capital asset inventories - All Districts

 

3.

Receive and file Semi-Annual Fund/Budget Control Report for FY 2019-20 - All Districts

15342

APPROVED AS RECOMMENDED

 

4.

Approve schedule of County Capital Assets Physical Inventory Dates for calendar years 2020 and 2021 - All Districts

 

 

District Attorney:

 

5.

Accept cash donation from Orange County Gang Reduction and Intervention Partnership (OC GRIP) for GRIP Program ($412,000) - All Districts

13452

APPROVED AS RECOMMENDED

 

6.

Accept donation of one 2017 Ford Mustang (valued at $18,219) from Tuttle-Click Ford, Inc. for GRIP Program to support gang reduction and intervention programs; and direct Auditor-Controller to include vehicle in fixed asset inventory - All Districts

 

HEALTH CARE AGENCY

 

7.

Approve selection of and agreement with National Council on Alcoholism and Drug Dependence - Orange County for community networking services for transitional age youth and young adults, 2/1/20 - 6/30/22 ($713,589); renewable for two additional one-year terms; and authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute agreement - District 5

 

8.

Approve agreement with AIDS Services Foundation Orange County dba Radiant Health Centers for HIV Housing Plus Project services, 4/1/20 - 3/31/21 ($732,532); and authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute agreement - District 3

 

OC COMMUNITY RESOURCES

 

9.

Accept donation of $14,370 from Friends of the Fountain Valley Library for purchase of new furnishings - District 2

 

OC PUBLIC WORKS

 

10.

Accept easement deed from Thomas Nguyen and Andrew K. Nguyen for additional right-of-way for Bolsa Avenue; and make California Environmental Quality Act and other findings - District 1

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

11.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Placentia-Yorba Linda Unified School District - Districts 3 and 4

 

12.

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

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 13-S28C)

 

ELECTED DEPARTMENT HEADS

 

13.

Sheriff-Coroner - Approve contract MA-060-20010071 with Prado Family Shooting Range for outdoor range firearms training, two-year term ($48,300 annually); renewable for one additional two-year term and one additional one-year term; and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts 

53142

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

14.

Approve master agreement with various providers of HIV Care services, 3/1/20 - 2/28/23 ($10,198,908); approve selection of AIDS Services Foundation Orange County dba Radiant Health Centers, Laguna Beach Community Clinic, Inc. and Shanti Orange County for HIV Care services, 3/1/20 - 2/28/23; authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute individual agreements - Districts 1, 3 and 5

15342

APPROVED AS RECOMMENDED

 

15.

Approve selection of and agreements with Emergency Ambulance Service, Inc. for Exclusive Operating Area A and Care Ambulance Service, Inc. for Exclusive Operating Areas B, C, D and E for 9-1-1 Basic Life Support Emergency Ambulance Response Transportation and related services, 6/1/20 - 5/31/25; and authorize Director or designee to execute agreements - All Districts

35142

APPROVED AS RECOMMENDED

 

16.

Ratify Medi-Cal Administrative Activities/Targeted Case Management agreement and Mental Health Medi-Cal Administrative agreement with County of Santa Cruz for continued participation in claiming processes for services reimbursable under County-based Medi-Cal Administrative Activities/Targeted Case Management, 7/1/19 - 6/30/20; and authorize Director or designee to execute agreements - All Districts

15342

APPROVED AS RECOMMENDED

 

17.

Approve selection of and agreement with G and C Swan Inc dba His House/New Creation for adult residential drug Medi-Cal substance use disorder treatment services, 3/1/20 - 6/30/22; renewable for three additional one-year terms; and authorize Director or designee to execute agreement - All Districts

31452

APPROVED AS RECOMMENDED

 

18.

Approve selection of and agreement with The Teen Project, Inc. for perinatal drug Medi-Cal substance use disorder treatment services, 3/1/20 - 6/30/22; renewable for three additional one-year terms; and authorize Director or designee to execute agreement - District 3

35142

APPROVED AS RECOMMENDED

 

19.

Ratify Assignment, Novation and Consent agreements and amendment 1 to agreements with Aligned Telehealth, Inc. assigning to Aligned Telehealth, LLC for Psychiatry and Telepsychiatry services for Correctional Health Services Programs, 11/14/19 - 6/30/20; and authorize Director or designee to execute agreements and amendments - All Districts

15342

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

20.

Authorize Director or designee to issue a Request for Qualifications and Request for Proposal for Airport Concession Development Program Phase 2, empanel a qualified group of experts to score the responsive proposals and return to the Board with recommendations; and make California Environmental Quality Act and other findings - District 2 (Continued from 1/14/20, Item 26)

B.O.

CONTINUED TO 2/11/20, 9:30 A.M.

 

OC COMMUNITY RESOURCES

 

21.

Acting as the Orange County Housing Authority - Approve sale and transfer of Irvine Inn (formerly Irvine Inn SRO) from Irvine Inn Limited Partnership to Irvine Inn Apartments LP and assignment of County's Regulatory agreement to a new First Deed of Trust; and authorize Director or designee to execute agreements and related documents under certain conditions - District 3

31452

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

22.

Approve cooperative agreement with City of Fountain Valley for Corridor D Bikeway Improvements Project, term ending 7/31/21 ($500,000) - District 2

23145

APPROVED AS RECOMMENDED

 

23.

Approve contract MA-080-20010556 with Scheidt & Bachmann USA, Inc. for parking access and revenue control system equipment, maintenance and repair services, 1/28/20 - 1/27/23 ($2,523,905); renewable for two additional one-year terms; authorize County Procurement Officer or authorized Deputy to execute contract - Districts 1 and 3

B.O.

CONTINUED TO 2/11/20, 9:30 A.M.

 

24.

Approve aggregate contract MA-080-20010375 with The Machado Environmental Corporation dba Air Duct Cleaning Company and Covello's Pacific AirCare, Inc. for heating, ventilation, and air conditioning equipment and duct cleaning services, 1/28/20 - 1/27/23 ($3,000,000); renewable for two additional one-year terms; authorize County Procurement Officer or authorized Deputy to execute contract; and make California Environmental Quality Act and other findings - All Districts

53142

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

25.

Approved recommended positions on introduced or amended legislation and consider other legislative subject matters; and approve 2020 County Legislative Priorities and 2020 Legislative Proposal - All Districts

15342

APPROVED AS AMENDED TO COMBINE "HOMELESSNESS" AND "HOUSING" PRIORITIES AND TO ADD "CRIMINAL JUSTICE" TO THE STATE LEGISLATIVE PRIORITIES; AND TO COMBINE "HOMELESSNESS" AND "HOUSING" PRIORITIES AND ADD "NUCLEAR FUEL STORAGE" TO THE FEDERAL LEGISLATIVE PRIORITIES.

 

26.

Approve grant applications/awards submitted by Health Care Agency, District Attorney, County Executive Office and OC Community Resources in 1/28/20 grant report and other actions as recommended; adopt resolutions authorizing District Attorney or designee to execute grant award agreements and amendments with California Office of Emergency Services for Human Trafficking Advocacy Program, 1/1/20 - 12/31/20 ($187,500) which includes grant amount ($150,000) and in-kind match ($37,500) provided by Waymakers, Inc. and Unserved/Underserved Victim Advocacy and Outreach Program, 10/1/19 - 12/31/20 ($273,438) which includes grant amount ($218,750) and cash match ($54,688) provided by Waymakers, Inc.; and making California Environmental Quality Act and other findings - All Districts

14352

APPROVED AS RECOMMENDED

 

RESO: 20-006 - 20-007

 

27.

Approve FY 2019-20 Second Quarter Budget Report; approve related budget adjustments and obligated fund balances; amend master position control; direct Auditor-Controller to make payment from Fund 12J for DNA collection reimbursement; and approve addition of events to FY 2019-20 County Event Calendar; and direct Auditor-Controller to close Recreational Facilities Donations, Fund 156, and transfer any current and residual balances to OC Parks Capital, Fund 406 - All Districts (R.A. 1 and 5 requires 4/5 vote of members present)

12345

APPROVED AS RECOMMENDED

 

28.

Approve amendment 3 to lease with Commonwealth DT, LLC for office space for Health Care Agency at 211 W. Commonwealth Avenue, Fullerton, 2/1/20 - 4/30/20 ($56,659); authorize Chief Real Estate Officer or designee to execute subsequent documents and amendments for non-monetary and/or monetary changes under certain conditions; and make California Environmental Quality Act and other findings - District 4

41352

APPROVED AS RECOMMENDED

 

S28A.

Chairwoman Steel - Adopt resolution authorizing refunds of property taxes paid without a claim for refund pursuant to Section 5105 of the Revenue and Taxation Code

51342

APPROVED AS RECOMMENDED

 

RESO: 20-005

 

HEALTH CARE AGENCY

 

S28B.

Approve reallocation of existing vacant Administrative Manager III - Specialty position to Executive Manager position, effective beginning first day of pay period after approval; and adopt update to Executive Manager salary schedule, effective 1/31/20 - All Districts

15342

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S28C.

Supervisor Wagner - Assessment Appeals Board No. 2 - Appoint Hardip Passananti, Irvine, to complete term ending 9/4/22

31452

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (Item 29)

 

GENERAL ADMINISTRATION

 

29.

Supervisor Wagner - Public Hearing to consider reading and adoption of "An Ordinance of the County of Orange, California, Amending Sections 7-9-141.4 and 7-9-141.6 of the Codified Ordinances of the County of Orange Regarding Group Home Regulations"; and make California Environmental Quality Act and other findings - All Districts

B.O.

CLOSED PUBLIC HEARING

 

31452

APPROVED AS RECOMMENDED

 

 ORD: 20-001

 

V.   CLOSED SESSION (Item CS-1)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Tom Hatch
Employee Organizations:  Orange County Attorneys Association (OCAA), International Union of Operating Engineers (IUOE), 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:

Bryan Kaye - Oral re: Congratulated Chairwoman Steel for being elected as the Chairwoman of the Board in 2020; Office of Independent Review vacancy; comments regarding Supervisors; mental health treatment in jails; cases pending in court

 

Mike Tucker - Oral re: Transforming Justice Orange County; imprisoning people suffering from mental illness in the Musick Facility and lack of treatment while incarcerated

 

Samuel Vance - Oral re: Orange County Racial Justice Collaborative; deaths in the jail system are preventable if provided necessary medical attention; Article 3 of the Geneva Conventions related to the treatment of prisoners of war from October 21, 1950

 

Brigitte - Oral re: Death of Anthony Aceves; 11/8/16 violation of the Ralph M. Brown Act regarding public comments; real estate fraud

 

Michael Becker, Kathleen Trudell, Amber Poston, Abby Taylor, Olga Giller, Jennifer Crandall, Joshua Doddridge, Ray Gennawey, James Bilek, Vincent Marinaccio and Stephen Crandall - Oral re: Attorneys for the Orange County Public Defender's Office and the Orange County District Attorney's Office who are members of the Orange County Attorneys Association (OCAA); concerns with proposed OCAA Memorandum of Understanding; attracting and retaining attorneys; salaries are not competitive to surrounding counties and the market; treatment of OCAA in comparison to other bargaining units; student loan debt; price of homes and living in Orange County

 

Patrick Hogan - Oral re: Homeless advocate; volunteers at Mary's Kitchen; 500 homeless individuals who evacuated from the riverbed two years ago have died

 

Chris Schmidt - Oral re: Recognized Jason Austin of the Health Care Agency and County staff for their great work; thanked County staff who attended the Santa Ana School District Community Meeting regarding Yale Street shelter; services are needed in the southern Service Planning Areas; operations and management plans of the Yale Street Shelter

 

Cecilia Iglesias - Oral re: Council Member of the Santa Ana City Council; thanked County Executive Officer for attending the Santa Ana School District meeting and encouraged attendance by District Supervisor; constituents do not want County shelter in the City of Santa Ana; Latino population in the City of Santa Ana; burden of care for the homeless has been placed on the Santa Ana community and other cities do not provide their share of shelter beds and homeless services; Point in Time Count; requested County shelter be placed in another City, not Santa Ana

 

Angie Cano - Oral re: Opposed Yale Street Shelter; homeless from other cities are living in Santa Ana

 

Ann Premazon - Oral re: New Directions for Women; approval of Agenda Item #29 and the negative affects it has on the New Directions for Women facility; facility is located in an unincorporated area and asked how to be grandfathered into the new ordinance

 

Ilya Tseglin - Oral re: Michael Klubnikin; Bryan Kaye's comments; Larry Landauer; Public Defender, Courts and Judges; Nate Tseglin

 

Robert Tseglin - Oral re: Nate placed in group homes; concealment of medical records; physical and psychotropic drug abuse; cover-up of mental, psychotropic and physical abuse; Public Defender

 

Steve Rocco - Oral re: Offered a job at the Roman Consulate; United States is the enemy and Americans have failed; Santa Ana is the illegal alien capital of the world, illegal immigration

 

Lou Noble - Oral re: Structured campgrounds; homelessness population is increasing; assisted a veteran and his wife living on the street; oppression of the homeless, law enforcement and affordable housing

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

Supervisor Wagner - Oral re: Support the professional Orange County Soccer Club located at the Great Park in Irvine

 

Supervisor Chaffee - Oral re: Thanked Supervisor Do for organizing the Tet Festival at Mile Square Park

 

ADJOURNED:  2:42 P.M.

52134

Adjourned in memory of James Albert Walters

 

21345

Adjourned in memory of nine Orange County residents from District 2 including basketball legend Kobe Bryant and his daughter Gianna, Orange Coast College Head Baseball Coach John Altobelli and his wife Keri and daughter Alyssa, Harbor Day School Basketball Coach Christina Mauser, Sarah Chester and her daughter Payton and pilot Ara Zobayan

 

 

***  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