REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, January 11, 2022,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

333 W. Santa Ana Blvd., 10 Civic Center Plaza

Santa Ana, California

 

 

ANDREW DO

CHAIRMAN

First District

 

 

DOUG CHAFFEE

VICE CHAIRMAN

Fourth District

 

 

KATRINA FOLEY

SUPERVISOR

Second District

 

 

 

DONALD P. WAGNER

SUPERVISOR

Third District

 

 

LISA A. BARTLETT

SUPERVISOR

Fifth District

 

ATTENDANCE:Supervisors: Bartlett, Chaffee, Do and Wagner

 

EXCUSED:Supervisor Foley

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:Supervisor Wagner, Third District, gave the invocation

 

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

 

I.PRESENTATIONS/INTRODUCTIONS

 

Chairman Do and Supervisor Bartlett presented a resolution congratulating Dr. Jeff Nagel on his retirement

 

Chairman Do presented a resolution to Orange County Clerk-Recorder recognizing their accomplishment of winning 2021 California State Association of Counties Innovation Award for an urban County

 

II.CONSENT CALENDAR (Items 1-11)

 

13245
  X

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 7 WHICH WAS DELETED; AND ITEMS 1, 2 AND 3 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Chairman Do:

 

1.

Commission to End Homelessness - Appoint Captain Anthony "AJ" Patella, Yucaipa, to complete term ending 6/21/23

31245
  X

APPROVED AS RECOMMENDED

 

2.

Treasury Oversight Committee - Reappoint Alisa Backstrom, Huntington Beach, for term ending 1/10/25

15234
  X

APPROVED AS RECOMMENDED

 

3.

Supervisor Wagner - Orange County Cemetery District - Reappoint William Nelson, Villa Park, for term ending 1/5/26

35241
  X

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

4.

Sheriff-Coroner - Adopt resolution rescinding Resolution 12-036 and amending membership of Emergency Management Council by updating titles, incorporating mandated emergency plans, clarifying roles, and removing Emergency Operation Center activation levels - All Districts

 

RESO: 22-001

 

OC COMMUNITY RESOURCES

 

5.

Approve Assignment and Consent Agreement and amendment 7 to assign contract 20-27-0042 from City of Irvine to Age Well Senior Services, Inc. for Elderly Nutrition Program; and authorize Director or designee to execute agreement and amendment - Districts 3 and 5

 

6.

Acting as the Successor Agency to the Orange County Development Agency - Adopt resolution approving Recognized Obligation Payment Schedule, 7/1/22 - 6/30/23; directing submission to Department of Finance; authorizing ministerial changes under certain conditions; and making related findings - All Districts

 

RESO: 22-002

 

OC PUBLIC WORKS

 

7.

Adopt resolution certifying mileage of maintained streets and highways within unincorporated area of County of Orange - All Districts (Continued from 12/14/21, Item 5)

13245
  X

DELETED

 

8.

Approve Final Tract Map 19028; approve Subdivision Improvement Agreement with Lennar Homes of California, Inc.; accept bonds guaranteeing construction; accept dedication of easements for emergency access, public utility and public service vehicle ingress and egress purposes - District 5

 

9.

Approve Final Tract Map 19029; approve Subdivision Improvement Agreement with Lennar Homes of California, Inc.; accept bonds guaranteeing construction; accept dedication of easements for emergency access, public utility and public service vehicle ingress and egress purposes - District 5

 

10.

Approve Final Tract Map 19030; approve Subdivision Improvement Agreement with Lennar Homes of California, Inc.; accept bonds guaranteeing construction; accept dedication of easements for emergency access, public utility and public service vehicle ingress and egress purposes - District 5

 

GENERAL ADMINISTRATION

 

11.

County Executive Office - Approve amended Short Term Disability Plan Document, effective 1/1/23; and authorize Chief Human Resources Officer or designee to make any changes to document as required by law or regulatory authority - All Districts

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 12-S33D)

 

ELECTED DEPARTMENT HEADS

 

12.

Auditor-Controller - Approve contract MA-003-22010575 with Intueor Consulting Inc., for assessment and analysis of CAPS+ Advantage Finance/Procurement, Human Resources/Payroll and Performance Budgeting software systems and provide recommendations for upgrade/replacement strategy, five-month term ($399,000); and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts

31245
  X

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

13.

Approve amendment 3 to contract MA-060-18011676 with Wescraft Inc. for mattress purchases and re-cover services, 6/29/21 - 6/28/22 ($180,000; new total $467,000; cumulative total $2,021,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

13245
  X

APPROVED AS RECOMMENDED

 

14.

Approve amendment 3 to contract MA-060-18011472 with Traditional Funeral Services Inc. for body transportation services, 4/15/22 - 4/14/23 ($550,000; new total $2,500,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

35241
  X

APPROVED AS RECOMMENDED

 

15.

Approve plans and specifications and set bid opening for 3/2/22, 2:00 p.m. for James A. Musick Facility Laundry Monorail System project; and make California Environmental Quality Act and other findings - District 3

35241
  X

APPROVED AS RECOMMENDED

 

16.

Ratify and accept grant funding from City of Anaheim for FY 2016 Program to Prepare Communities for Complex Coordinated Terrorist Attacks (CCTA), 3/19/19 - 3/31/22 ($74,647); ratify Sub-recipient Agreement, 3/19/19 - 3/31/22; and authorize Sheriff-Coroner or designee to execute agreement and amendment under certain conditions - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

17.

Approve contract MA-060-22010842 with Omni Enterprise Inc for janitorial services at Brad Gates Building, three-year term effective 1/25/22 ($953,640); and authorize County Procurement Officer or authorized Deputy to execute contract - District 2

53241
  X

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

18.

Approve amendment 2 to extend concession leases with Bambuza South Waterfront, LLC dba Bambuza OC Ventures, LLC dba the Coffee Bean & Tea Leaf, California Coast Food & Beverage, LLC, Mission Yogurt, Inc. and Greenleaf JWA, LLC for three additional years; renewable for two additional one-year lease extension - District 5 (Continued from 12/14/21, Item 26)

51234
  X

APPROVED AS RECOMMENDED

 

19.

Approve Consent to Assignment of Interest in Lease for Casual Dining & Bar Concession Lease from Greenleaf JWA, LLC to Mission Yogurt, Inc. - District 5

51234
  X

APPROVED AS RECOMMENDED

 

20.

Approve Consent to Assignment of Interest in Lease for Specialty Coffee Concession from Bambuza South Waterfront, LLC dba Bambuza OC Ventures, LLC dba The Coffee Bean & Tea Leaf to Bambuza OC Ventures, LLC dba The Coffee Bean & Tea Leaf - District 5

51234
  X

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

21.

Approve contracts MA-012-22010753 with Age Well Senior Services, Inc. for elderly nutrition program, transportation, case management and in-home care services ($290,052) and MA-012-22010758 with Community SeniorServ, Inc. dba Meals on Wheels Orange County for adult day care, elderly nutrition program, transportation, case management and in-home care services ($729,175), terms ending 9/30/22; and authorize Director or designee to execute contracts and future amendments under certain conditions - All Districts

35241
  X

APPROVED AS RECOMMENDED

 

22.

Approve amendment 1 to contract MA-012-19010782 with Greentech Landscape, Inc. for landscape maintenance services, 3/1/22 - 2/28/23 ($212,001; cumulative total $848,004); and authorize County Procurement Officer or authorized Deputy to execute amendment - District 3

31245
  X

APPROVED AS RECOMMENDED

 

23.

Approve amendment 14 to contracts 17-27-0001-M2 with Abrazar, Inc. in Service Area 1, North County ($75,000; cumulative total $4,460,549) and 17-27-0008-M2 with Abrazar, Inc. in Service Area 3, Central/West County ($125,000; cumulative total $5,931,056); approve amendment 11 to contract 17-27-0006-M2 with Age Well Senior Services, Inc. in Service Area 2, South County ($200,000; cumulative total $4,908,522) for Senior non-emergency medical transportation services, terms ending 6/30/22; and authorize Director or designee to execute amendments - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

24.

Approve amendment 1 to aggregate contract MA-080-20011275 with John Flynn Orange Coast Plumbing Inc. dba Orange Coast Plumbing, Pro-Craft Construction, Inc. and Verne's Plumbing, Inc. for maintenance, repairs and alterations for plumbing systems, 1/11/22 - 7/10/23; and authorize County Procurement Officer or authorized Deputy to execute amendments - All Districts (Continued from 12/14/21, Item 29)

13245
  X

APPROVED AS RECOMMENDED

 

25.

Approve contracts MA-080-21011774 with Page & Turnbull, Inc., and MA-080-21011779 with Thirtieth Street Architects, Inc. for on-call architect-engineer historic architecture services, 2/14/22 - 2/13/25 ($500,000 each; cumulative total $1,000,000); renewable for two additional years; and authorize Director or designee to execute contracts - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

26.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve amendment 1 to job order contract MA-080-20011804 with KEC Engineering for general engineering services, Prima Deshecha Flood Control Channel, 2/18/22 - 6/30/22; authorize Director or designee to execute amendment; and make California Environmental Quality Act and other findings - District 5

51234
  X

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

27.

Probation - Approve contract MA-057-22010528 with Absolute Security International, Inc. for armed security guard services, term ending 9/30/24 ($2,991,000); renewable for two additional years; and authorize County Procurement Officer or authorized Deputy to execute contract and exercise cost contingency increase not to exceed 10% under certain conditions - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

28.

Acting as the Board of Supervisors and Orange County Flood Control District - Adopt resolution finding that the sale of outdoor advertising space on County and Orange County Flood Control District real and personal property may be used to raise revenue to provide for basic and essential public services; rescinding Resolution F60-23 and Resolution F60-65; and make related findings; approve conveyance of an Air Right Easement Deed to San Diego Outdoor Advertising, Inc. dba General Outdoor Advertising for development of billboard; authorize Public Works Director or designee to execute easement deed to make changes under certain conditions; consider first reading of "An Ordinance of the County of Orange, California, Creating Article 5 of Division 7 of Title 2 of the Codified Ordinances of the County of Orange, Adding thereto Sections 2-7-40 through 2-7-42 Providing for Commercial Advertising on County and Flood Control District Property"; and set second reading and adoption for 1/25/22, 9:30 a.m. - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

RESO: 22-003

 

29.

Approve lease agreement with Royale Health Care Center, Inc. for Mental Health Rehabilitation Center at 23228 Madero, Mission Viejo, 3/31/22 - 6/30/27; authorize Chief Real Estate Officer or designee to execute subsequent amendments under certain conditions; and make California Environmental Quality Act and other findings - District 3

31245
  X

APPROVED AS RECOMMENDED

 

30.

Approve subrecipient agreement with Orange County Department of Education for truancy response program funded under Juvenile Justice Crime Prevention Act, 9/1/21 - 6/30/22 ($404,604); and authorize County Executive Office to execute and continue annual subrecipient agreement each fiscal year - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

31.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters; and approve 2022 County sponsored legislation proposals - All Districts

35241
  X

APPROVED AS RECOMMENDED

 

32.

Approve grant applications/awards submitted by Sheriff Coroner and OC Community Resources and retroactive grant application/award submitted by Health Care Agency and ratify grant application/award submitted by Probation in 1/11/22 grant report and other actions as recommended; adopt resolution authorizing Sheriff-Coroner or designee to execute and submit application and grant assurances to California Office of Emergency Services for FY 2021 Emergency Management Performance Grant ($770,032) and approving related actions under certain conditions; adopt resolution authorizing Sheriff-Coroner or designee to accept from California Department of Justice, Gun Violence Reeducation Program Grant award ($316,285) and execute Memorandum of Understanding, related documents and amendments; adopt resolution authorizing OCCR Director or designee to conduct all negotiations, execute and submit all documents and amendments with State Department of Parks and Recreation for administration of Regional Park Grant Program for Mile Square Regional Park Golf Course Conversion and Ted Craig Regional Park Bike Facility projects - All Districts

13245
  X

AUTHORIZED SHERIFF-CORONER OR DESIGNEE TO EXECUTE AND SUBMIT REVISED APPLICATIONS AND RESOLUTIONS TO CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR FY 2021 EMERGENCY MANAGEMENT PERFORMANCE GRANTS ($770,032 AND $84,054)

 

RESO: 22-004 - 22-007

 

33.

Board of Supervisors - Election of 2022 Officers

53241
  X

NOMINATED AND ELECTED SUPERVISOR CHAFFEE AS 2022 CHAIRMAN OF THE BOARD

 

14235
  X N

NOMINATED AND ELECTED SUPERVISOR WAGNER AS 2022 VICE CHAIRMAN OF THE BOARD

 

S33A.

Chairman Do - Orange County Cemetery District - Reappoint Maribel Marroquin-Waldram, Santa Ana, for term ending 1/5/26

B.O.

CONTINUED TO 1/25/22, 9:30 A.M.

 

HEALTH CARE AGENCY

 

S33B.

Approve retroactive amendment 1 to contract MA-042-22010739 with The Illumination Foundation for temporary isolation shelter services, 1/1/22 - 3/31/22 ($1,283,250; cumulative total $3,759,054); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S33C.

County Executive Office - Authorize CEO or designee to administer 2022 Emergency Paid Sick Leave Program to provide employees up to 40 hours of paid sick leave for qualifying COVID related absences, effective 12/31/21 - 4/7/22; and authorize discretion for CEO to add up to 40 additional hours and extend program to 6/30/22, and administer future state and/or federal statutorily required leave programs under certain conditions - All Districts

15234
  X

APPROVED AS RECOMMENDED

 

S33D.

Supervisor Wagner - Authorize OC Public Works to submit request to United States Department of Agriculture, Natural Resources Conservation Service Emergency Watershed Protection Program to act as local sponsor to remove debris and obstructions in Silverado and Anderson Creeks upstream of Kitterman Bridge and to remove debris and other material in Silverado and Wildcat Creeks upstream of Silverado Canyon Road culvert; authorize Director or designee to apply for funding and negotiate agreement

34251
  X

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (Item 34)

 

GENERAL ADMINISTRATION

 

34.

County Executive Office - Acting as the Legislative Body of Community Facilities District No. 2021-1 (Rienda) - Public Hearing to consider adopting resolution for future annexation of territory to Community Facilities District No. 2021-1 (Rienda); and making related findings - District 5

B.O.

CLOSED PUBLIC HEARING

 

54231
  X

APPROVED AS RECOMMENDED

 

RESO: 22-008

 

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
Employee Organization:Association of Orange County Deputy Sheriffs (AOCDS)
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 Case:Maxwell v. County of Orange Case Number:ADJ2575493

B.O.

COUNTY COUNSEL READ: BY A VOTE OF 4 TO 0, WITH CHAIRMAN CHAFFEE, VICE CHAIRMAN WAGNER, SUPERVISOR DO AND SUPERVISOR BARTLETT VOTING IN FAVOR, AND SUPERVISOR FOLEY BEING ABSENT, THE BOARD APPROVED A PROPOSED SETTLEMENT IN THE CASE OF WALTER MAXWELL V. COUNTY OF ORANGE.

 

VI.PUBLIC, CEO, ADJOURNMENT & BOARD COMMENTS

 

PUBLIC COMMENTS:

 

Carole Urie-Chickering - Comments read by County Counsel: Stop the Musick Coalition's report 'Cold, Rotting & Moldy Meals' and food conditions in OC jails; Board of State and Community Corrections is mandated to inspect local facilities and to order corrections and remediations to conditions discovered during the inspection; Board should request proof of inspections and recommendations

 

Suvan Gere - Comments read by County Counsel: Use of funds in the Sheriff's budget; requested Board audit the Sheriff Department to ensure basic necessities and programs are provided to people in custody

 

Kelly Bourne - Comments read by County Counsel: Nutrition provided to inmates in jails; decrease Sheriff Department budget and provide financial support to programs that provide healthy food to people experiencing hunger

 

a.m. tsaasan - Comments read by County Counsel: Stop the Musick Coalition's report 'Cold, Rotting & Moldy Meals'; do not provide more funding to Sheriff Department until they have reinstated hot meals in the jails

 

Autumn Heep - Comments read by County Counsel: Concerns with Sheriff Department's use of funds in their budget; increase transparency and audit the Sheriff Department to ensure basic necessities are provided to people in custody

 

Amanda Mooney, Eileen Kim; Mai Tran, Jennifer Prickett, Linda Lehnkering, Dejay Bilal, Catherine Gentile, Sarah Kahn, Susan Gilford, Cathy Greenwood, Charles Victorio, Rebecca Kovacs-Stein, Dylan Boyle, Chelsea Boyle, Kaitlin Perry, Danett Abbott-Wicker, Laura Urquhart, Rona Henry, Cynthia Ashley, Darlene Futrel, Gabby Vega, Pat Davis - Comments read by County Counsel: Stop the Musick Coalition's report 'Cold, Rotting & Moldy Meals; Food Oppression in the Orange County Jails'; do not approve more funding to the Sheriff's Department until they have reinstated hot meals for inmates, agendize food conditions in the jails at the next Board meeting and hold Sheriff Department accountable for providing basic necessities to people in their custody

 

Ann Owens - Comments read by County Counsel: Stop the Musick Coalition's report and food conditions in OC jails; stop approving more funding to the Sheriff's Department until they have reinstated hot meals for inmates, agendize food conditions in the jails at the next Board meeting and hold Sheriff Department accountable for providing basic necessities to people in their custody

 

Jackie Cordova - Comments read by County Counsel: Voice of OC article 'Local Politicos Fuel Takeover of Orange County's Health Plan for the Poor

 

David Duran - Comments read by County Counsel: Names of individuals that died without fixed abode in December 2021

 

Karen Hernandez - Comments read by County Counsel: Stop the Musick Coalition's report 'Cold, Rotting & Moldy Meals; agendize food conditions in the jails at the next Board meeting; and audit the Sheriff Department to ensure basic necessities are provided to people in custody

 

Lubna Hammad - Comments read by County Counsel: Concerns with lack of accountability with Board's overview of County agencies; Stop the Musick Coalition's report 'Cold, Rotting & Moldy Meals; Board of State and Community Corrections inspections of OC jails; ensure basic necessities are provided to people in custody; put policies in place to ensure Sheriff Department cannot divert funds allocated to the inmate population and return unused funds to the County general budget

 

Felicity Figueroa - Comments read by County Counsel:Food conditions in OC jails and Sheriff Department budget

 

Steve Rocco - Oral re: Recited biblical story of man named Stephen who was sentenced to death by stoning by the Romans for converting people to Christianity; the Romans killed Christians in the colosseum but later when Constantine became ruler, he made Christianity the official religion of Rome; anti-gentile genocide of Christians is still happening today

 

Bryan Kaye - Oral re: Violinist Joshua Bell played in the Metro DC for four hours and made $32 and played to a sold out concert he next day costing $100 per ticket; it was an experiment to see if riders on the Metro DC system would recognize beauty as it was happening; was not able to see Roberto Clemente play baseball

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

ADJOURNED:12:29 P.M.

51234
X

Adjourned in memory of Don Hansen and Tristan Krogius

 

BOARD COMMENTS:

Chairman Chaffee - Oral re: Lack of volunteers for the 2022 Point in Time Count; requested County staff post the Point in Time Count on the County's website and encouraged everyone to volunteer for the Point in Time Count

 

 

***KEY***

Left Margin Notes

 

 

 

1. = Supervisor Do

A.=Abstained

2. = Supervisor Foley

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)

 

 

Chairman, Orange County Board of Supervisors

 

 

 

 

Orange County Clerk of the Board