REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, January 9, 2024,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

400 W. Civic Center Drive

Santa Ana, California

 

 

DONALD P. WAGNER

CHAIRMAN

Third District

 

 

ANDREW DO

VICE CHAIRMAN

First District

 

 


 

VICENTE SARMIENTO

SUPERVISOR

Second District

 

 

 

DOUG CHAFFEE

SUPERVISOR

Fourth District

 

 

KATRINA FOLEY

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:Vice Chairman Do, First District, gave the invocation

 

PLEDGE OF ALLEGIANCE:Supervisor Sarmiento, Second District, led the assembly in the Pledge of Allegiance

 

I.PRESENTATIONS/INTRODUCTIONS

 

Chairman Wagner presented a resolution proclaiming January 2024 as "Positive Parenting Awareness Month"

 

II.CONSENT CALENDAR (Items 1-8)

 

21453

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 3 AND 7 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Supervisor Chaffee - Acting as the Orange County Housing Authority - Housing and Community Development Commission - Appoint Carrie Buck, Yorba Linda, for term concurrent with 4th District Supervisor's term of office

 

ELECTED DEPARTMENT HEADS

 

2.

Sheriff-Coroner - Approve Memorandum of Understanding (MOU) with participating school districts for School Resource Officer Program using template master agreement; and authorize Sheriff-Coroner to execute MOU and future amendments under certain conditions - All Districts

 

OC COMMUNITY RESOURCES

 

3.

Accept funding award from Califa Group nonprofit corporation for Stay & Play library program training and supplies ($4,500) - All Districts

54123

APPROVED AS RECOMMENDED

 

4.

Acting as the Successor Agency to the Orange County Development Agency - Adopt resolution approving Recognized Obligation Payment Schedule, 7/1/24 - 6/30/25; directing submission to Department of Finance; authorizing ministerial changes under certain conditions; and making related findings; and direct submission to Countywide Oversight Board and to notify the Board of any changes - All Districts

 

RESO: 24-001

 

OC PUBLIC WORKS

 

5.

Approve Final Tract Map 17341; approve subdivision agreement S23-090512 with KLLB AIV and Lennar Homes of California, LLC; accept bonds guaranteeing construction of improvements; accept dedication of easement for emergency vehicular access purposes over lots A and O; do not accept irrevocable offer of dedication of easement over Lots B and C for open space, fuel modification, and trail purposes, over Lots G and Q for open space conservation purposes, over Lot J for open space conservation and fuel modification purposes, over Lots K and L for open space conservation and trail purposes, and Lots M, N, P, R, S and T for open space and fuel modification purposes - District 3

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

6.

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

 

7.

Approve initial Conflict of Interest Code for International School for Science and Culture, a California Public Charter School - District 5

52143

CONTINUED TO 1/23/24, 9:30 A.M.

 

8.

Vice Chairman Do - Approve addition of City Events in all District 1 Cities to County Events Calendar; and make related findings per government Code Section 26227

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 9-S32B)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

9.

Approve amendment 3 to contract MA-060-20011371 with VertiQ Software, LLC for software maintenance and support, 6/1/24 - 5/31/25 ($15,000; cumulative total $75,000); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

54123

APPROVED AS RECOMMENDED

 

10.

Approve amendment 3 to contract MA-060-20010309 with Standard Aero Limited for engine overhaul and transmission services for helicopters, 2/11/24 - 2/10/25 ($1,632,500; cumulative total $7,662,500); and authorize County Procurement Officer or Deputized designee to execute amendment - Districts 4 and 5

54123

APPROVED AS RECOMMENDED

 

11.

Approve amendment 1 to agreement MA-060-21011129 with Rancho Santiago Community College District to increase the maximum number of continuing education hours per fiscal year, term ending 6/30/26 - Districts 2 and 3

23145

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

12.

Approve amendment 4 to renew contract MA-042-20011621 with Anaheim Global Medical Center, Inc. for provision of inpatient hospital services for Correctional Health Services, 7/1/24 - 6/30/25 ($6,161,880; cumulative total $30,809,400); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

25143

APPROVED AS RECOMMENDED

 

13.

Approve Intergovernmental Transfer Agreement with the Orange County Health Authority dba CalOptima Health for intergovernmental transfer to obtain federal reimbursement for uncompensated care, 1/1/22 - 12/31/22; and authorize Director or designee to execute agreement - All Districts

51243

APPROVED AS RECOMMENDED

 

14.

Approve amendment 5 to contract MA-042-21011203 with Pacific Clinics for provision of Recovery Education Institute Services, 1/9/24 - 6/30/24 ($622,710; new total $3,549,674); renew contract, 7/1/24 - 6/30/26 ($3,240,864; cumulative total $6,790,538); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

21453

APPROVED AS RECOMMENDED

 

15.

Approve contract MA-042-24010368 with Illumina, Inc. for laboratory supplies, 2/15/24 - 2/14/27 ($1,500,000); renewable for one additional two-year term; and authorize County Procurement Officer or Deputized designee to execute contract - District 2

25143

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

16.

Award contract MA-080-24010619 to Walsh Construction Company II, LLC, for pre-construction phase services for John Wayne Airport Taxiways A, D and E Reconstruction Project, effective upon execution ($984,575); authorize Director or designee to execute contract; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines sections 15301 and 15302 - District 5 (Continued from 12/19/23, Item 22)

51243

APPROVED AS AMENDED TO AWARD CONTRACT TO FLATIRON WEST, INC.; AND DIRECTED STAFF TO ISSUE A REVISED NOTICE OF INTENT TO AWARD AND RETURN WITH NEGOTIATED CONTRACT FOR BOARD APPROVAL

 

17.

Approve contract MA-080-23011506 with Stommel, Inc. for patrol vehicle equipment, supplies and equipment installation services, effective upon execution, three-year term ($4,100,000); renewable for two additional years; authorize County Procurement Officer or Deputized designee to execute contract - All Districts

15243

APPROVED AS RECOMMENDED

 

18.

Approve amendment 1 to contract MA-080-23010374 with Lionakis for architect and engineering services to include Phase 2 Redevelopment of Juvenile Hall and Adult Re-Entry Center at the former Youth Guidance Center, four-year term effective upon Board approval ($810,125; cumulative total $2,873,359); and authorize Director of OC Public Works or designee to execute amendment - District 2

25143

APPROVED AS RECOMMENDED

 

 

Acting as the Board of Supervisors and Orange County Flood Control District:

 

19.

Approve amendment 1 to aggregate contracts MA-080-21010921 with Gentry General Engineering, Inc., and Hardy & Harper, Inc. and approve amendment 2 with Bitech Construction Company Inc. for portland cement concrete maintenance and repair services, 3/2/24 - 3/1/25 (aggregate total $2,000,000; cumulative aggregate total $8,000,000); renewable for one additional one-year term; and authorize County Procurement Officer or Deputized designee to execute amendments - All Districts

52143

APPROVED AS RECOMMENDED

 

20.

Approve amendment 2 to renew subordinate contract MA-080-21011126 with The Alpha & Omega Group Security Services Inc for unarmed security guard services, 4/1/24 - 3/31/25 ($470,000; cumulative total $2,340,000); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

15243

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

21.

Approve amendment 1 to contract MA-299-22010267 for increase to guarantee maximum price to fund negotiated construction phase services contract with Sukut Construction, LLC for Prima Fee Booth Relocation and Entrance Improvements Project, Prima Deshecha Landfill, ($1,500,000; cumulative total $24,000,000); and authorize Director to execute contract - District 5

52143

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

22.

Probation - Approve contracts MA-057-24010343 with Project Kinship for Cognitive Behavioral Training services ($1,280,943), MA-057-24010344 for Restorative Circles services ($1,032,054), MA-057-24010328 for Re-entry services ($3,108,810), and MA-057-24010329 for System Navigator and Peer Mentor services ($1,766,121), three-year terms effective upon Board approval; renewable for two additional one-year terms; and authorize County Procurement Officer or Deputized designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute contracts - All Districts

25143

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

23.

Ratify non-financial Memorandum of Understanding (MOU) MA-063-23011140 with Pechanga Band of Indians for Tribal Temporary Assistance for Needy Families program, 6/1/23 - 5/31/26; and authorize Director or designee to execute MOU - All Districts

B.O.

DELETED

 

24.

Approve amendment 1 to agreement CCE1121-A1 with New Alternatives, Incorporated for respite care services, 7/1/23 - 6/30/26 ($75,000; new total $465,000; cumulative total $1,125,000); and authorize County Procurement Officer or Deputized designee to execute amendment and future amendments under certain conditions - All Districts

51243

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

25.

Approve continuation of Local Emergency for the Navy Hangar Fire; and set review to determine need for continuing local emergency for 2/27/24, 9:30 a.m. and every 60 days thereafter until terminated - All Districts (Continued from Special Meeting, 11/13/23, Item 1)

34125

APPROVED AS RECOMMENDED

 

26.

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

15243

APPROVED AS RECOMMENDED

 

27.

Approve amendment 2 to renew aggregate contract MA-017-21010863-B with Federal Technology Solutions, Inc. and MA-017-21010863-C with West Coast Cable, Inc. for structured cabling installation and services, 3/1/24 - 2/28/26 ($1,250,000 annually; cumulative total $6,250,000); renewable for one additional two-year term; and authorize County Procurement Officer or Deputized designee to execute amendments- All Districts

15243

APPROVED AS RECOMMENDED

 

28.

Approve contracts MA-017-24010669 with Sedgwick Claims Management Inc. for Category A - Third Party Administration ($22,246,552), MA-017-24010670 with Pacific Secured Equities dba Intercare Holdings, Inc. for Category B - Managed Care Services - Bill Review, Nurse Care Management, Utilization Review and Pharmacy Benefit Management ($5,147,631) and MA-017-24010671 with Networks by Design, Inc. for Category B - Managed Care Services - Unbundled - Medical Provider Network ($339,000) for County's Workers' Compensation Claims Program, 7/1/24 - 6/30/29, renewable for three additional years; and authorize County Procurement Officer or Deputized designee to execute contracts - All Districts

51243

APPROVED AS RECOMMENDED

 

29.

Approve grant applications/awards submitted by County Executive Office, Public Defender and OC Community Resources in 1/9/24 grant report and other actions as recommended; adopt resolution authorizing Office of Care Coordination Director or designee to execute standard agreement, subsequent amendments and related documents with California Department of Housing and Community Development for Pet Assistance and Support Program ($300,000); adopt resolution authorizing Office of Care Coordination Director or designee to execute application, grant agreement and related documents with California Department of Housing and Community Development for Emergency Solutions Grants program ($400,000); adopt resolution approving standard agreement AP-2324-22 Amendment 1 with California Department of Aging for Older Americans Act and Older Californians Act Programs, 7/1/23 - 6/30/25 ($1,653,651); and authorizing OCCR Director or designee to execute amendment and related documents under certain conditions - All Districts

15243

APPROVED AS RECOMMENDED

 

RESO: 24-002 - 24-004

 

30.

Approve amendment 22 to Master Services Agreement MA-017-13011864 with Science Applications International Corporation for Data Center operations, service desk, desktop support and application services, extending term to 6/30/27 ($21,081,588; cumulative total $276,493,442); approve amendment 7 to Master Services Agreement MA-017-19010750 with Science Applications International Corporation for Managed Services Network, voice and security services, extending term to 6/30/27 ($20,249,288; cumulative total $140,202,673); and authorize County Chief Information Officer or designee to execute amendments - All Districts

15243

APPROVED AS RECOMMENDED

 

31.

Supervisor Sarmiento - Approve use of $1,500,000 from Second District's discretionary funding and the reallocation of $1,500,000 from the Office of Care Coordination, Supportive Services Emergency Housing Vouchers funding (total $3,000,000) to create and support a Homeless Prevention and Stabilization Pilot Program; make related findings per Government Code Section 26227; and direct County Executive Officer or designee to negotiate and enter into agreements as necessary

25143

APPROVED AS RECOMMENDED IN ACCORDANCE WITH THE PROGRAM COMPONENTS RECOMMEND BY THE OFFICE OF CARE COORDINATION; AND DIRECTED STAFF TO MEET WITH ALL BOARD OFFICES FOR INPUT REGARDING ELIGIBILITY CRITERIA FOR THE HOMELESSNESS PREVENTION AND STABILIZATION PILOT PROGRAM

 

32.

Board of Supervisors - Election of 2024 Officers

13245

NOMINATED AND ELECTED SUPERVISOR WAGNER AS 2024 CHAIRMAN AND SUPERVISOR CHAFFEE AS 2024 VICE CHAIRMAN OF THE BOARD

 

S32A.

Chairman Wagner - Approve allocation of $500,000 from Third District discretionary funds to Working Wardrobes for Rebuilding Careers program; make related findings per Government Code Section 26227; authorize County Executive Officer or designee to negotiate and enter into agreement as necessary; and direct Auditor-Controller to make related payments

35124

APPROVED AS RECOMMENDED

 

S32B.

Supervisor Foley - Orange County Traffic Committee - Appoint C. Todd Stearns, Ladera Ranch, for term concurrent with 5th District Supervisor's term of office

52143

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (None)

 

V.CLOSED SESSION (Items CS-1-SCS2)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
Agency Negotiator:Colette Farnes, Chief Human Resources Officer
Employee Organizations:Association of Orange County Deputy Sheriffs (AOCDS), Association of County Law Enforcement Managers (ACLEM), Teamsters, and other non-represented employees
RE: Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

SCS2.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Cases: Orange County Flood Control District v. Norris, et al., Riverside County Superior Court Case No.: CVRI2203829

B.O.

COUNTY COUNSEL READ: THE BOARD UNANIMOUSLY APPROVED A PROPOSED $150,000 SETTLEMENT IN THE EMINENT DOMAIN LITIGATION, ORANGE COUNTY FLOOD CONTROL DISTRICT V. NORRIS, ET AL., PURSUANT TO WHICH THE COUNTY SHALL ACQUIRE A 1,398 SQUARE FOOT FLOWAGE EASEMENT ON PROPERTY IN RIVERSIDE COUNTY NECESSARY FOR THE PRADO DAM/SANTA ANA RIVER MAINSTEM PROJECT.AS PART OF THE BOARD'S APPROVAL, THE BOARD AUTHORIZES AND DIRECTS COUNTY COUNSEL AND OUTSIDE COUNSEL TO FILE AND EXECUTE ALL NECESSARY DOCUMENTS FOR SETTLEMENT.THE BOARD ALSO AUTHORIZES AND DIRECTS PAYMENT IN THE ADDITIONAL SUM OF $120,800 FOR A TOTAL OF $150,000 IN JUST COMPENSATION.UPON COMPLETION AND EXECUTION OF SETTLEMENT DOCUMENTS, THE BOARD AUTHORIZES AND DIRECTS THE AUDITOR-CONTROLLER TO ENCUMBER AND TRANSFER FUNDS TO THE PROPERTY OWNERS OR THE STATE CONDEMNATION FUND, AS SET FORTH IN THE STIPULATION FOR JUDGMENT, IN THE AMOUNT OF $120,800 FROM THE FUND 404 RESERVE ACCOUNT.FINALLY, THE BOARD AUTHORIZES ALL ACTIONS NECESSARY TO ACCOMPLISH THESE DIRECTIVES BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.

 

VI.PUBLIC, CEO, ADJOURNMENT & BOARD COMMENTS

 

PUBLIC COMMENTS:

 

Pat Goodman - Oral Re: Concerns regarding Huntington Beach ballot measures A, B and C; Measure A would change city charter to require voter ID, monitor ballot drop boxes and provide more in person locations which would remove election process from the Registrar of Voters to the city; residents not provided fiscal impact of the charter amendment; educate voters about the election systems in place to secure each and every election

 

Steve Rocco - Oral Re: Disparaging remarks made by Supervisor Foley regarding bicyclists; article by Ray Bradbury "The Pedestrian"; bicyclists have to follow the same laws as cars; monstrosity of lanes can get cyclists killed; Police driving Jeeps with metal bumpers

 

Sharon Logan - Oral Re: OC Animal Care euthanasia rates should be presented by numbers, not percentages; percentages are misleading and do not give an accurate picture

 

Kate - Oral Re: Story about a woman named Mikayla and her experience with abortion pill from Planned Parenthood; Proposition 1 passed because elections are fraudulent

 

Joette - Oral Re: OC Register headlines regarding Supervisor Do for directing money to Mental Health Center led by his daughter and resignation from CalOptima for cronyism and corruption; Ilya Tseglin is separated from his son and was billed $7000 by Judge Pham for care taking of his son

 

Bryan Kaye - Oral Re: Shaking hands with board members; misspoke in his report regarding Anaheim Police brutality and killings; report filed against Bryan Kaye by Supervisor Foley because she is scared of him; apologized and does not want to scare people, just wants to present laws and facts; wants to provide grandchildren for his parents

 

Eileen McDermott - Oral Re: Remember soldiers who died in wars fought for money and power; soldiers given cigarettes as rewards led to lung cancer in veterans of wars; 2020 and 2022 election fraud and illegitimate elections; recalling Supervisor Wagner

 

Florita - Oral Re: Concerns regarding elections; Board rarely votes in favor for any petitions that the public presents; place discussion of elections on the agenda

 

Roseann - Oral Re: OC Chair of New California State; New California State closer to statehood; California pension crisis for CalSTRS; pension investments failing and calamity approaching California stems from fraudulent elections; New California State will demo election on January 27, 2024

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

ADJOURNED:1:14 P.M.

53124

Adjourned in memory of Bill Harader

 

BOARD COMMENTS:

 

Supervisor Sarmiento - Oral Re: Op-Ed piece regarding OC Animal Care by Senator Janet Nguyen contained allegations and claims not observed at the shelter; supports opening shelter more hours and move to hybrid model post Covid; sponsoring a pet food event at shelter to provide free pet food for struggling pet owners

 

Supervisor Foley - Oral Re: Hybrid model at OC Animal Care was going forward but delayed due to hangar fire

 

Chairman Wagner - Oral Re: Hybrid model at OC Animal Care will be implemented this Thursday and was delayed due to the hangar fire

 

 

***KEY***

Left Margin Notes

 

 

 

1. = Supervisor Do

A.=Abstained

2. = Supervisor Sarmiento

X.=Excused

3. = Supervisor Wagner

N.=No

4. = Supervisor Chaffee

BO=Board Order

5. = Supervisor Foley

 

 

 

ORD.= Ordinance

 

RESO. = Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

Chairman, Orange County Board of Supervisors

 

 

 

 

Orange County Clerk of the Board