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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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ORANGE
COUNTY, CALIFORNIA |
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BOARD
HEARING ROOM, FIRST FLOOR
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333 W. Santa Ana Blvd., 10
Civic Center Plaza |
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Santa Ana, California
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ANDREW DO
CHAIRMAN
First District |
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DOUG
CHAFFEE VICE
CHAIRMAN Fourth
District |
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KATRINA FOLEY
SUPERVISOR
Second District |
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DONALD P.
WAGNER SUPERVISOR Third
District |
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LISA A. BARTLETT
SUPERVISOR
Fifth District
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ATTENDANCE:All Present
EXCUSED:None
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PRESENT:
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COUNTY
EXECUTIVE OFFICER |
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Frank
Kim |
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COUNTY
COUNSEL |
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Leon
J. Page |
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CLERK
OF THE BOARD |
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Robin
Stieler |
INVOCATION:Supervisor
Bartlett, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE:Supervisor
Foley, Second District, led the assembly in the Pledge of Allegiance
I.PRESENTATIONS/INTRODUCTIONS
(None)
II.CONSENT CALENDAR (Items 1-14)
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43251
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APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEMS 1, 2, 3, 7, 8 AND 14 WHICH
WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; ITEM 5 WHICH
WAS DELETED; AND ITEM 11 WHICH WAS CONTINUED TO 7/27/21,
9:30 A.M.
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BOARD
APPOINTMENTS
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1.
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Chairman Do - Acting
as the Orange County Housing Authority - Housing and
Community Development Commission - Reappoint An T.
Nguyen, Fountain Valley, for term ending 6/30/23 |
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14235
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APPROVED AS RECOMMENDED |
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Vice
Chairman Chaffee: |
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2.
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Community
Action Partnership of Orange County, Inc. - Reappoint Thomas
Douglas Wooley, Fullerton, for term concurrent with 4th
District Supervisor's term of office |
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45231
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APPROVED
AS RECOMMENDED
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3.
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Orange
County Historical Commission - Reappoint Helen Myers,
Anaheim, for term concurrent with 4th District
Supervisor's term of office |
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43251
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APPROVED
AS RECOMMENDED
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4.
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Emergency
Medical Care Committee - Reappoint Luis Estevez, Anaheim,
for term ending 6/30/23 |
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5.
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Public
Financing Advisory Committee - Reappoint Wallace Rodecker,
Fountain Valley, for term ending 6/9/24 |
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43251
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DELETED |
ELECTED
DEPARTMENT HEADS
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6.
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District Attorney - Approve
agreement with City of Westminster for use of shooting
range, 8/1/21 - 7/31/22 ($25,000); and authorize County
Procurement Officer or authorized Deputy to execute agreement
- District 1 |
OC
COMMUNITY RESOURCES
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7.
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Accept
Chromebooks, data-enabled hotspots and wireless broadband
data plan subscriptions from California State Library
and Southern California Library Cooperative, ($65,000);
authorize County Procurement Officer or authorized Deputy to
execute contract with Mobile Citizen, LLC for wireless
broadband subscriptions; and authorize County Librarian or
designee to execute letter agreement authorizing Southern
California Library Cooperative to pay Mobile Citizen, LLC for
hotspots and data plan subscriptions ($65,000) - All Districts
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24351 |
APPROVED AS RECOMMENDED |
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8.
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Adopt
resolution certifying Final Environmental Impact Report No.
633, adopting Mitigation Monitoring and Reporting
Program and Findings of Fact for Mile Square Regional Park
Master Plan project and other findings; and approve Mile
Square Regional Park Master Plan - District 1 |
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31245
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APPROVED AS RECOMMENDED |
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RESO:
21-079 |
GENERAL
ADMINISTRATION
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Clerk
of the Board: |
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9.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Magnolia School District -
Districts 2 and 4 |
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10.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Registrar of Voters - All
Districts |
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11.
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Approve
initial Conflict of Interest Code for Orange County Power
Authority - Districts 2, 3, 4 and 5 (Continued from
6/22/21, Item 15) |
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43251
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CONTINUED
TO 7/27/21, 9:30 A.M.
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County
Executive Office: |
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12.
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Adopt
resolution approving negotiated exchange of property tax
revenue resulting from reorganization and/or change of
organization of water and wastewater services between City of
San Juan Capistrano and Santa Margarita Water District; and
directing County Executive Officer or designee to notify
appropriate agencies - District 5 |
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RESO: 21-080 |
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13.
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Approve
license agreement with City of Santa Ana for use of parking
garage by Health Care Agency at 420 N. Main Street,
Santa Ana, 8/1/21 - 7/31/26 ($168,000); renewable for one
additional five-year term; authorize Chief Real Estate Officer
or designee to exercise terms and execute related documents
under certain conditions; authorize Auditor-Controller to make
related payments; and make California Environmental Quality
Act and other findings - District 1 |
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14.
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Supervisor Wagner - Adopt
resolution approving petitioning Orange County Council of
Governments Board to re-instate membership of County of
Orange as full dues-paying member and confirming re-approval
of Amended and Restated Joint Powers Agreement |
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34251
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APPROVED AS RECOMMENDED |
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RESO:
21-081 |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 15-S28C)
HEALTH
CARE AGENCY
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15.
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Approve
selection of and contract MA-042-21011502 with HealthSpace
USA Inc. for Environmental Health Data Management
System, 7/1/21 - 6/30/26 ($1,292,148); 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 6/22/21, Item 45) |
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13245
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APPROVED AS AMENDED
CHANGING TERM OF CONTRACT TO 7/1/21 THROUGH 6/30/24 WITH
CONTRACT RENEWABLE FOR TWO ADDITIONAL ONE-YEAR TERMS |
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16.
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Approve
retroactive amendment 8 to contract with Orange County
Health Authority dba CalOptima for coordination and
provision of public health care services, effective 4/12/21;
and authorize Director or designee to execute amendment - All
Districts |
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34251
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APPROVED AS RECOMMENDED |
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17.
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Approve
contract MA-042-21011542 with Covenant House California for
transitional aged youth emergency shelter operations and
services, 8/15/21 - 6/30/23 ($893,601); authorize County
Procurement Officer or authorized Deputy to exercise cost
contingency increase not to exceed 10% under certain
conditions and execute contract - District 4 |
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43251
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APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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18.
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Approve
amendment 2 to contract MA-012-19010968 with AquaTechnex LLC
for lake management and lake water quality maintenance
services, 8/1/21 - 3/10/22 ($63,764) and renew contract
3/11/22 - 3/10/23 ($855,000; cumulative total $3,303,764); and
authorize County Procurement Officer or authorized Deputy to
execute amendment - All Districts |
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53241
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APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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19.
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County Counsel - Approve
amendments to Rules 16 and 22 of Board of Supervisors Rules
of Procedure and Boards, Commissions and Committees
Bylaws template - All Districts |
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14235
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APPROVED AS RECOMMENDED;
DIRECTED STAFF TO DELETE ITEM PREVIOUSLY CONTINUED FROM
6/8/21 (AGENDA ITEM S5F) TO 7/27/21
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County
Executive Office: |
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20.
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Approve
recommended positions on introduced or amended legislation
and/or consider other legislative subject matters - All
Districts |
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34251
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APPROVED
AS RECOMMENDED
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21.
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Approve
lease agreement with City of Laguna Hills for office space
for Clerk-Recorder South Orange County branch office at
24031 El Toro Road, Laguna Hills, 2/1/22 - 1/31/32 ($277,560),
with options for two additional five-year terms; authorize
Chief Real Estate Officer or designee to execute related
documents and amendments and to exercise option terms under
certain conditions; direct Auditor-Controller to make related
payment;and make
California Environmental Quality Act and other findings -
District 5 |
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53241
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APPROVED
AS RECOMMENDED
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22.
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Approve
retroactive amendment 3 to contract MA-017-16011056 with
Sedgwick Claims Management Services, Inc. for third
party administration and managed care services for Worker's
Compensation Claims Program, 7/1/16 - 6/30/22 ($389,836;
cumulative total $23,114,864); and authorize County
Procurement Officer or authorized Deputy to execute amendment
- All Districts |
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53241
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APPROVED
AS RECOMMENDED
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23.
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Adopt
2022 Retiree Insured HMO and PPO Health Plan rates - All
Districts |
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43251
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APPROVED
AS RECOMMENDED
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24.
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Adopt
2022 Employee PPO Health Plan rates for self-funded Wellwise
Choice and Sharewell Choice PPO plans; and authorize
Chief Human Resource Officer or designee to approve change in
County contribution to Sharewell Choice employee only rate
under certain conditions - All Districts |
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43251
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APPROVED
AS RECOMMENDED
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25.
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Approve
voluntary temporary opt out of Retiree Health Insurance Plan
and Retiree Medical Grant, reserving right to opt back
in during open enrollment or within 30 days of qualifying life
event as long as health insurance coverage has been maintained
and proof of insurance is provided; authorize Chief Human
Resource Officer or designee to administer and amend Retiree
Medical Plan document and present Amended Retiree Medical Plan
for Board approval on 12/31/21 - All Districts |
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43251
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APPROVED
AS RECOMMENDED
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26.
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Adopt
2022 Retiree PPO Health Plan rates for self-funded Wellwise
and Sharewell retiree health plans; authorize Chief
Human Resource Officer or designee to continue to apply for
Medicare Part D federal subsidy under Medicare Prescription
Drug, Improvement and Modernization Act of 2003 for Wellwise
retiree health plan - All Districts |
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54231
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APPROVED
AS RECOMMENDED
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27.
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Adopt
2022 Cigna Healthcare of California and Kaiser Foundation
Health Plan employee HMO health plan rates - All
Districts |
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45231
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APPROVED
AS RECOMMENDED
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28.
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Approve
grant applications/awards submitted by Sheriff-Coroner and
District Attorney in 7/13/21 grant report and other
actions as recommended; adopt resolution authorizing District
Attorney or designee to execute grant award agreement and
amendments with California Department of Insurance for
Worker's Compensation Insurance Fraud Program, 7/1/21 -
6/30/22 ($6,196,115); and making California Environmental
Quality Act and other findings - All Districts |
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32451
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APPROVED
AS RECOMMENDED
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RESO: 21-082 |
SOCIAL
SERVICES AGENCY
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S28A.
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Approve
contracts MA-063-21011347 with 22nd Century Technologies
Inc., Tryfacta Inc. and Lloyd Staffing Inc. for
temporary help services, 8/1/21 - 7/31/24 (aggregate total
$3,130,000); renewable for one additonal two-year term; and
authorize County Procurement Officer or authorized Deputy to
execute contracts - All Districts |
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52341
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APPROVED AS RECOMMENDED |
HEALTH
CARE AGENCY
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S28B.
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Approve
contract MA-042-21011772 with Charitable Ventures of Orange
County acting through its fiscally sponsored Project
Kinship, for enhanced care coordination services for reentry
in response to COVID-19, 7/13/21 - 1/31/22 ($1,033,855); 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 |
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41235
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APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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S28C.
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Chairman Do - Approve
addition of various neighborhood, youth and Chamber of
Commerce events for District 1 cities to FY 2021-22
County Events Calendar and make related findings per
Government Code Section 26227 |
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14235
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APPROVED AS RECOMMENDED |
IV.PUBLIC HEARINGS (Item 29)
OC
PUBLIC WORKS
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29.
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Public
Hearing to consider adopting resolution confirming and
approving annual sewage unit fee ($83) for La Mirada
County Service Area No. 13 sewer services; authorizing
Auditor-Controller to enter annual fee to parcels in Service
Area No. 13; and making California Environmental Quality Act
and other findings - District 4 |
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B.O.
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CLOSED PUBLIC HEARING |
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45231
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APPROVED AS RECOMMENDED |
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RESO:
21-083 |
V.CLOSED SESSION (Items CS-1-SCS6)
GENERAL
ADMINISTRATION
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County
Executive Office: |
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CS-1.
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CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section
54957.6: |
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B.O.
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HELD,
COUNTY COUNSEL READ: THE BOARD UNANIMOUSLY AUTHORIZED AND
DIRECTED COUNTY COUNSEL TO RETAIN, AND OBTAIN A WRITTEN
OPINION FROM, THE RENNE PUBLIC LAW GROUP, WITH LEAD
COUNSEL LINDA ROSS AND STEVE CIKES ENGAGED FOR THE
PROJECT.
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CS-2.
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CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code
Section 54956.8: |
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B.O.
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HELD,
NO REPORTABLE ACTION
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SCS3.
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CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section
54957.6: |
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B.O.
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HELD,
NO REPORTABLE ACTION
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SCS4.
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PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government
Code Section 54957(b): |
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B.O.
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HELD,
NO REPORTABLE ACTION
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County
Counsel: |
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SCS5.
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CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to
Government Code Section 54956.9(d)(1): |
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B.O.
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HELD,
COUNTY COUNSEL READ: THE BOARD, ON A VOTE OF 4-0, WITH
CHAIRMAN DO, VICE CHAIRMAN CHAFFEE, SUPERVISOR WAGNER AND
SUPERVISOR BARTLETT VOTING IN FAVOR AND SUPERVISOR FOLEY
NOT PARTICIPATING, APPROVED A PROPOSED $195,000 SETTLEMENT
IN THE MATTER OF MAX CHANCE III V. COUNTY OF ORANGE.
SUPERVISOR FOLEY IDENTIFIED THE PLAINTIFF'S COUNSEL, THE
TRAUT LAW FIRM, HAS BEEN A SOURCE OF LAW FIRM REFERRAL
INCOME AND FOR THAT REASON DID NOT PARTICIPATE IN THE
DISCUSSION AND TEMPORARILY STEPPED OUT OF THE CLOSED
SESSION.
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SCS6.
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CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code
section 54956.9(d)(2). |
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B.O.
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HELD,
NO REPORTABLE ACTION
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VI.PUBLIC, CEO, BOARD COMMENTS
& ADJOURNMENT
PUBLIC
COMMENTS:
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Diane - Oral Re:
Requested to listen to 'We the People' and govern by consent
of the people; opposes Agenda Item 7, experimental vaccine
mandates for businesses, schools and general population,
contract tracers door to door or through electronic means and
mask mandates |
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Victoria Winters - Oral
Re: Boat owner in Dana Point Harbor; opposes proposed
increases in boat slip fees for Dana Point Harbor as proposed
by Dana Point Harbor Partners |
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Wayne Addision - Oral
Re: Boat owner in Dana Point Harbor; opposes proposed
increases in boat slip fees for Dana Point Harbor as proposed
by Dana Point Harbor Partners |
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George
Hughes - Oral Re: Lives on boat in Dana Point Harbor;
opposes proposed increases in boat slip fees for Dana
Point Harbor as proposed by Dana Point Harbor Partners; the
Board of Supervisors, particularly Supervisor Bartlett, has
responsibility to ensure Dana Point Harbor Partners
methodology of calculating comparative rates are accurate per
the master lease agreement |
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Dennis Winters - Oral
Re: Attorney in Orange County and boat owner;opposes
proposed increases in boat slip fees in Dana Point Harbor;
lack of consultation with Dana Point Harbor Boaters
Association regarding proposed rate increases; problems with
methodology of comparative rates;requested
to review use of tide land property at Dana Point Harbor |
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Dell - Oral Re: Retired
corporate Chief Financial Officer; rents boat slip in Dana
Point Harbor; requested public financial and environmental
audit of the harbor regarding use of funds received for slip
rentals; rates are not comparable to slips in Newport Beach |
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Kevin Riggs - Oral Re:
Opposes proposed increases in boat slip fees for Dana Point
Harbor as proposed by Dana Point Harbor Partners; rents boat
slip in Dana Point Harbor; requested the Board provide
direction or advice regarding the proposed increases |
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Brigitte - Oral Re:
COVID response of the Board to the pandemic; County Counsel
allowed Supervisors to commit fraud and concealed ordinance on
the agenda; Board deceived the public to increase terms of
office; Ethics Director should file criminal complaint against
the Board of Supervisors with the Fair Political Practices
Commission |
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Robert Lauten - Oral Re:
Direct Dr. Chau publish on the Health Care Agency's website
that he was never in favor of 1) force vaccinating children 12
years of age and older with any COVID-19 vaccine or gene
altering therapy, 2) not in favor of forcing vaccination
anyone regardless of age and, 3) opposes legislation, federal,
state or local that exempts employers from prosecution or
lawsuits for forcing employees to be vaccinated with any
COVID-19 vaccines or gene altering therapy on condition of
employment; fire any future directors of the Health Care
Agency in favor of COVID-19 vaccines or gene altering therapy
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Michelle - Oral Re:
Abuse of public trust and violating the constitution; deaths
and debilitating symptoms resulting from vaccines; use of
private entities and institutions to carry out the Board's
agenda; studies show that masks increase disease; forcing
people to wear masks; Health Department failed to issue
guidelines for COVID-19 therapies |
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Lauren Hernandez - Oral
Re: Member of 'Let Them Breathe' which advocates for mask
choice in K through 12 schools; California Department of
Public Health does not follow science or base recommendations
on factual evidence; lift mask requirements for schools and
support mask choice to protect children |
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Bryan Kaye - Oral Re:
Loves the Board members; positive healthy meetings with
Supervisors; County took Brigitte's home; attends meetings to
speak for his wife, mother and family; pulled over and
searched due to forged plea agreement in his name and ignored
petitions |
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Elana - Oral Re:
Behavior of the Board, violations of people's rights and
ignoring pleas of the people; will pull children out of school
so they do not have to wear masks; all Board members act in
conflict of interest; Brown Act violations |
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Bobby McDonald - Oral
Re: Veteran, member of the Veterans Advisory Council and
Member of Valor; thanked the Board for efforts regarding
veterans cemetery in Gypsum Canyon; continued support from the
Veterans Advisory Council |
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Jan - Oral Re: VAERS
data regarding adverse reactions to the vaccine including
hospitalizations, disabilities, heart attacks, miscarriages
and deaths; no safety data from the FDA and CDC; report from
Dr. Geert Bossche who warned vaccines be stopped; Pfizer
vaccine is 99% graphine oxide; lawsuits against World Health
Organization by Robert Fuellmich for the 'COVID scandal' |
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Mrs. G - Oral Re: Dr.
Chau indicated wearing masks is a guidance, not a mandate;
opposes children wearing masks at school; daughter cut her
hair and stepped down from honor classes |
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Name not provided - Oral
Re: Asked if Board Members have children or grandchildren;
initiative for healthy kids and mask choice for children who
have to go back to school in the fall; data for transmission
among children in schools is not available; children should
not have to wear masks; suicides among kids during the
pandemic |
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Ronald Bengechea - Oral
Re: Vietnam veteran in support of veterans cemetery in Orange
County; encouraged by progress for the veterans cemetery in
Gypsum Canyon; requested Board continue support of the veteran
cemetery so it will be available for veterans and their
families |
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Laura
Duncan - Oral Re: Licensed physical therapist; end the state
of emergency, eliminate mask mandates, cancel the Othena
contract; opposes extension of Board term limits; read from
the living word of God; changes in healthcare system, choices
and misinformation about COVID-19 vaccine |
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Name not provided - Oral
Re: Thankful for efforts to provide a veterans cemetery in
Gypsum Canyon in Orange County |
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Name not provided - Oral
Re: Freedoms guaranteed by constitution and Bill of Rights;
end mask mandates, lift the State of Emergency, fire Dr. Chau
and abandon contract incentives, budget allocations and
outreach attempts pertaining to the COVID-19 vaccine |
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Mitesh - Oral Re: Lack
of understanding of science and facts about the immune system,
health and COVID-19 vaccine; money for COVID-19 programs |
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Name not provided - Oral
Re: Opposes proposed increases in boat slip fees for Dana
Point Harbor as proposed by Dana Point Harbor Partners;
concerns with lack of transparency and data behind the
rationale for rate increase; comparison of rates with Newport
Beach not an accurate comparison and electric rates should not
have factored into the decision; requested the County work
with the Partners to moderate the rate increase |
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Marcus - Oral Re:
Doorwatchers checking vaccine status is unconstitutional;
complaints against Supervisor Do; Supervisor Wagner's faith is
false and all Supervisors have violated their oath in
supporting the 'plandemic'; denial and ignorance of VAERS
data; will not tolerate a Delta variant lock down in the fall
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Elena Robbins - Oral Re:
Faith in political leaders prior to COVID-19;
hydroxychloroquine saved a family member's life; opposes
masks; suicide rates and children wearing masks cause
addiction and mental health disorders; vaccine affects
reproductive system; Supervisors do not care about the people,
are segregating people and creating trauma in their lives |
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Victoria S - Oral Re:
People who came from former socialist countries know what the
Board is doing; promoting fascism; divide and conquer between
vaccinated people and non-vaccinated people; atrocities of
Germans during war and history; taught at university and
received emails from students not feeling well due to second
dose of vaccine; people died after getting vaccinated |
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Marlene Bronson - Oral
Re: Received a traffic ticket and case was delayed due to
COVID; could not pay the fine and left her homeless; wrongful
divorce case; constitutional rights were not upheld and rule
of law was not followed; community court required community
service, employment and place to live but due to COVID lost
her employment |
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Lisa C - Oral Re: Deaths
during wars; Americans fighting and dying for freedom; Board
implements measures for money, power and fear; son laid off
from work for refusing COVID-19 vaccine |
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Name not provided - Oral
Re: State of emergency and receiving Federal funds; Board can
make public policy decision independent of Sacramento;
requested the Board end the state of emergency |
COUNTY
EXECUTIVE OFFICER COMMENTS:
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None |
BOARD
COMMENTS:
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Chairman Do - Oral re:
Beginning with the July 27th Board Meeting, the 9:00 a.m.
presentation of Board Meetings will be reinstated. Also, for
the remainder of term as Chairman of the Board, Supervisors
will provide Board Comments after adjournments in the open
session. |
ADJOURNED:3:35 P.M.
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31245
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Adjourned in memory of
Fred Maynard Whitaker
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51234
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Adjourned in memory of
Richard Deffenbaugh
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***KEY***
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Left
Margin Notes |
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1.
= Supervisor Do |
A.=Abstained |
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2. = Supervisor Foley |
X.=Excused |
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3. = Supervisor Wagner |
N.=No |
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4. = Supervisor Chaffee |
BO=Board Order |
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5. = Supervisor Bartlett |
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ORD.= Ordinance |
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RESO. = Resolution |
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Above
numbers refer to Supervisorial Districts (1st number = Moved by; 2nd
number = Seconded by)
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Chairman, Orange County Board of Supervisors |
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Orange County Clerk of the Board |