REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, March 26, 2024,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

400 W. Civic Center Drive

Santa Ana, California

 

 

DONALD P. WAGNER

CHAIRMAN

Third District

 

 

DOUG CHAFFEE

VICE CHAIRMAN

Fourth District

 


 

ANDREW DO

SUPERVISOR

First District

 

 

 

VICENTE SARMIENTO

SUPERVISOR

Second 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:Supervisor Sarmiento, Second District, gave the invocation

 

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

 

I.PRESENTATIONS/INTRODUCTIONS

 

Chairman Wagner presented a resolution proclaiming April 1-7, 2024 as "National Public Health Week"

 

Chairman Wagner recognized OC Zoo for winning the California Park & Recreation Society, District 10 "Parks Make Life Better Award"

 

Chairman Wagner and Supervisor Do presented a resolution proclaiming March 29, 2024 as "Vietnam War Veterans Day"

 

II.CONSENT CALENDAR (Items 1-8)

 

52143

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 8 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Chairman Wagner - Orange County Behavioral Health Advisory Board - Reappoint Alan V. Albright, Laguna Niguel, Karyl Dupee, Garden Grove and Frederick Williams, Santa Ana, for terms ending 3/9/27

 

HEALTH CARE AGENCY

 

2.

Approve California Integrated Vital Records System (Cal-IVRS) Local Health Department Participating Agreement with State of California Department of Public Health for Cal-IVRS Birth and Death Record Data Sharing System, five-year term effective upon Board approval; and authorize Director or designee to execute and extend agreement for five additional years - All Districts

 

3.

Approve selection of and contract MA-042-24010971 with Advanced Medical Management, Inc. for fiscal intermediary services for Emergency Medical Services Fund Program, 7/1/24 - 6/30/27 ($750,000); renewable for one additional two-year term; and authorize County Procurement Officer or Deputized designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute contract - All Districts

 

OC COMMUNITY RESOURCES

 

4.

Acting as the Successor Agency to the Orange County Development Agency - Adopt resolution dissolving Successor Agency to the Orange County Development Agency; making related findings; directing staff to dispose of all remaining assets and remit any proceeds to Auditor-Controller for distribution to affected tax entities and allocate property tax revenues attributable to El Toro Project Area to Redevelopment Property Tax Trust Fund for former Lake Forest Redevelopment Agency as well as any other allocations upon receipt of final approval to dissolve by Orange Countywide Oversight Board and California Department of Finance; and authorizing staff to take any additional actions, as required by Orange Countywide Oversight Board and/or California Department of Finance to obtain approval to dissolve Successor Agency to the Orange County Development Agency - All Districts

 

RESO: 24-029

 

OC PUBLIC WORKS

 

5.

Approve amendment 2 to extend contract MA-080-19010564 with Dokken Engineering, Inc. for architect-engineer design and environmental services for Silverado Canyon Road Bridge No. 55C0177, extending term to 6/24/26 ($390,455); and authorize Director or designee to execute amendment - District 3

 

GENERAL ADMINISTRATION

 

6.

County Executive Office - Receive and file Quarterly Information Technology Projects Progress Report for Second Quarter FY 2023-24 - All Districts

 

7.

Internal Audit - Receive and file Executive Summary of Internal Audit Reports for October - December 2023 - All Districts

 

8.

Registrar of Voters - Receive and file certification of election results and Statement of Votes Cast for March 5, 2024, Presidential Primary Election; declare elected the persons having majority of votes for that office; and if no candidate received a majority of votes for that office, declare nominated the two persons receiving the highest number of votes for that office - All Districts

35124

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 9-S34B)

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

9.

Approve amendment 2 to contract MA-003-21010760 with Sycomp, A Technology Company, Inc., for County-wide Accounting and Personnel System storage area network, hardware and software maintenance support, for term ending 3/31/27 ($109,165; cumulative total $366,993); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

51243

APPROVED AS RECOMMENDED

 

10.

Approve amendment 4 to contract MA-003-20011379 with WorkForce Software, LLC for OC TIME attendance and time system, term ending 4/27/25 ($913,450; cumulative total $5,999,728); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

54123

APPROVED AS RECOMMENDED

 

 

District Attorney:

 

11.

Approve amendment 2 to contract MA-026-20011095 with Rancho Santiago Community College District dba Santa Ana College and amendment 3 to contract MA-026-2011096 with Pacific Educational Services, Inc. for Deferred Entry of Judgment Program services, 5/1/24 - 4/30/25; and authorize County Procurement Officer or Deputized designee to execute amendments - All Districts

41253

APPROVED AS RECOMMENDED

 

12.

Approve appointment of Elizabeth Costello and Pamela Leitao as Extra Help Working Retiree Deputy District Attorney to perform critical legal services on behalf of the Orange County District Attorney's Office pursuant to Section 7522.56(f) of the Public Employees' Pension Reform Act of 2013 - All Districts

51243

APPROVED AS RECOMMENDED

 

13.

Approve contract MA-026-24011032 with Gartner, Inc. for consulting services for Case Management System, 3/27/24 - 10/30/24 ($250,000); and authorize County Procurement Officer or Deputized designee to execute contract - All Districts

54123

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

14.

Approve amendment 3 to contract MA-060-20011205 with Baker Electric & Renewables LLC dba Baker Electric for maintenance and repair of high and medium-voltage equipment, effective upon Board approval through 5/14/24 ($300,000; cumulative total $600,000); renew contract for one-year term, 5/15/24 - 5/14/25 ($600,000; cumulative total $1,200,000); and authorize County Procurement Officer or Deputized designee to execute amendment and renewal - All Districts

54123

APPROVED AS RECOMMENDED

 

15.

Accept retroactive donation of four patrol canines from Orange County Sheriff's Advisory Council ($51,720) - All Districts

35124

APPROVED AS RECOMMENDED

 

16.

Approve retroactive payment to Athena Engineering Inc. for emergency repair of Building Automation System for Heating Ventilation and Air Conditioning system at Central Jail Complex ($438,307) - District 2

21453

APPROVED AS RECOMMENDED

 

17.

Approve amendment 2 to contract MA-060-20010844 with Fujitec America, Inc. for elevator maintenance and repair services, Theo Lacy Facility, 4/1/24 - 3/31/25 ($116,996; cumulative total $420,580); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

21453

APPROVED AS RECOMMENDED

 

18.

Treasurer-Tax Collector - Receive and file oral and written Treasury Oversight Committee 2023 Annual Report - All Districts (Continued from 2/27/24, Item 22)

52143

RECEIVED AND FILED

 

HEALTH CARE AGENCY

 

19.

Approve amendment 2 to renew contract MA-042-22011507 with Children's Hospital of Orange County dba CHOC Children's for Inpatient Mental Health Services for Youth, 7/1/24 - 6/30/25 ($1,500,000; cumulative total $2,500,000); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

B.O.

CONTINUED TO 4/9/24, 9:30 A.M.

 

20.

Approve amendment 10 to renew contract MA-042-21010167 with Telecare Corporation for Housing Full Service Partnership services, 7/1/24 - 6/30/25 ($11,099,718; cumulative total $35,081,318); and authorize County Procurement Officer or Deputized designee to execute amendment - Districts 1 and 5

25143

APPROVED AS RECOMMENDED

 

21.

Approve amendment 1 to master contract MA-042-23011560 with various providers for surge services for Employee Health Services, 4/26/24 - 6/30/26 ($700,000; aggregate cumulative total $1,255,000); and authorize County Procurement Officer or Deputized designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute amendment and individual amendments - All Districts

25143

APPROVED AS RECOMMENDED

 

22.

Approve amendment 1 to renew contract MA-042-23011452 with Idea Engineering, Inc. for Fentanyl is Forever Turn-Key Campaign, effective 3/26/24 ($104,000) and renew contract, 7/1/24 - 6/30/25 ($404,000; cumulative total $583,000); approve amendment 1 to contract MA-042-24010151 with Pulsar Advertising, Inc. for marketing and public relations services, 3/26/24 - 7/31/25 ($2,200,000; cumulative total $4,400,000); and authorize County Procurement Officer or Deputized designee to execute amendments - All Districts

B.O.

CONTINUED TO 4/9/24, 9:30 A.M.

 

JOHN WAYNE AIRPORT

 

23.

Adopt Title VI Civil Rights Plan as required by Federal Aviation Administration; and authorize Airport Director or designee to execute plan - District 5

52143

APPROVED AS RECOMMENDED

 

24.

Award contract MA-280-24010042 to Ace Parking III, LLC for Airport Parking Management and shuttle services, 5-year term ($60,000,000); renewable for one additional two-year term; authorize County Procurement Officer or Deputized designee to execute contract; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15301 - District 5

B.O.

CONTINUED TO 4/23/24, 9:30 A.M.

 

OC COMMUNITY RESOURCES

 

25.

Acting as Board of Supervisors - Authorize Director or designee to utilize $1,384,230 in available funding for loan financing and approve loan commitment to a limited partnership to be formed by C&C Development Co., LLC and Riverside Charitable Corporation for development of Lincoln Avenue apartments, 7101 Lincoln Avenue, Buena Park; approve subordination of permanent financing to first deed conventional permanent loan ($21,000,000); and authorize Director or designee to subordinate additional senior debt up to 100% and execute related documents under certain conditions; Acting as Orange County Housing Authority - Approve selection of Lincoln Avenue Apartments for utilization of 13 Housing Choice Project-Based Vouchers; and authorize Executive Director of Orange County Housing Authority to execute related documents under certain conditions - District 4

43125

APPROVED AS RECOMMENDED

 

26.

Approve amendment 3 to contract MA-012-23010125 with U.S. Ocean Safety, Inc. dba OC Lifeguards for ocean lifeguard services, effective upon Board approval through 12/31/25 ($615,294; cumulative total $6,738,240); and authorize County Procurement Officer or Deputized designee to execute amendment - Districts 1 and 5

51243

APPROVED AS RECOMMENDED

 

27.

Acting as Board of Supervisors - Authorize Director or designee to utilize $921,150 in available funding for loan financing to Orange, 702, L.P. formed by USA Properties Fund Inc. and Riverside Charitable Corporation for development of Orion Apartments located at 1800 East La Veta, Orange; approve loan commitment and subordination of permanent financing to first deed conventional permanent loan ($29,000,000); and authorize Director or designee to subordinate additional senior debt up to 100% and execute related documents under certain conditions; Acting as Orange County Housing Authority - Approve selection of Orion Apartments Project-Based Vouchers; and authorize Executive Director of Orange County Housing Authority to execute related documents under certain conditions - District 2

23145

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

28.

Approve job order contracts with various contractors for heating, ventilation and air conditioning services ($4,000,000 each; aggregate total $12,000,000), demolition services ($1,500,000 each; aggregate total $3,000,000), and flooring services ($2,000,000 each; aggregate total $4,000,000), 4/13/24 - 4/12/25; and authorize Director or designee to execute contracts and future amendments under certain conditions - All Districts

54123

APPROVED AS RECOMMENDED

 

29.

Approve job order contracts with various contractors for electrical services ($4,000,000 each; aggregate total $8,000,000), roofing services ($3,500,000 each; aggregate total $7,000,000) and slurry and paving services ($500,000 each; aggregate total $1,000,000), 4/13/24 - 4/12/25; and authorize Director or designee to execute contracts and future amendments under certain conditions - All Districts

52143

APPROVED AS RECOMMENDED

 

 

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

 

30.

Approve job order contracts for General Engineering services with various contractors, 4/13/24 - 4/12/25 ($4,500,000 each; aggregate total $27,000,000); and authorize Director or designee to execute contracts and future amendments under certain conditions - All Districts

54123

APPROVED AS RECOMMENDED

 

31.

Adopt FY 2023-24 Job Order Contracting Pavement Maintenance Special Provisions; approve job order contracts for pavement maintenance with various contractors, 4/13/24 - 4/12/25 ($4,500,000 each; aggregate total $27,000,000); and authorize Director or designee to execute contracts and future amendments under certain conditions - All Districts

14253

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

32.

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

53124

APPROVED AS RECOMMENDED

 

33.

Approve grant applications/awards submitted by County Executive Office, OC Public Works, District Attorney, Sheriff-Coroner, Health Care Agency, OC Waste and Recycling and Social Services Agency in 3/26/24 grant report and other actions as recommended; adopt resolutions authorizing District Attorney or designee to execute grant award agreements and amendments with California Department of Insurance for Automobile Insurance Fraud Program ($1,081,228) and Workers' Compensation Insurance Fraud Program ($8,081,760); and making California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15061(b)(3) and other related findings; adopt resolution authorizing Sheriff-Coroner or designee to execute and submit grant application to U.S. Department of Homeland Security, Federal Emergency Management Agency through California Office of Emergency Services for DR-4750 Hazard Mitigation Grant Program ($225,000); and adopt resolution authorizing OC Waste & Recycling Director or designee to submit and execute application and related documents with State Department of Resources Recycling and Recovery for SB 1383 Local Assistance Grant Program, FY 2022-23 - All Districts

51243

APPROVED AS RECOMMENDED

 

RESO: 24-030 - 24-033

 

34.

Approve amendment 4 to renew contract MA-017-22011902 with Mercy House Living Centers, Inc. for emergency shelter operations and services, Bridges at Kraemer Place, 7/1/24 - 6/30/25 ($4,093,886; cumulative total $12,793,886); and authorize County Procurement Officer or Deputized designee to execute amendment - District 4

42345

APPROVED AS RECOMMENDED

 

S34A.

Chairman Wagner - Orange County Workforce Development Board - Appoint Beatrice Felix-Micalizio, Mission Viejo, for term concurrent with 3rd District Supervisor's term of office

31245

APPROVED AS RECOMMENDED

 

S34B.

Vice Chairman Chaffee - Development Processing Review Committee - Appoint Richard Vuong, Lake Forest, for term concurrent with 4th District Supervisor's term of office

41253

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (Items 35-38)

 

OC COMMUNITY RESOURCES

 

35.

Public Hearing to consider approving Permanent Local Housing Allocation Program Years 3 and 4 Allocation Application including Reuse Plan, budget revision and substantial amendment to Permanent Local Housing Allocation Five-Year Plan and year 1 budget revision form; authorize Director or designee to reallocate 10% of funding per allocation Years 1 through 4 to County Emergency Shelter Programs; adopt resolution authorizing Director or designee to execute and submit application and related documents and subsequent amendments to California Department of Housing and Community Development for Permanent Local Housing Allocation Years 3 and 4 Funds, authorizing receipt of grant funds ($2,175,998 and $1,090,616 respectively) and adopting substantial amendment removing San Juan Capistrano Allocation and activity; and authorize Director or designee to submit additional applications to State of California Housing and Community Development Department for up to full amount of Years 3 and 4 Permanent Local Housing Allocation Program funds and other related documents - All Districts

B.O.

CONTINUED TO 4/9/24, 9:30 A.M.

 

36.

Acting as the Orange County Housing Authority - Public Hearing to consider approving FY 2024-25 Annual Public Housing Agency Plan; and authorize Executive Director of Orange County Housing Authority or designee to execute related documents and submit plan to U.S. Department of Housing and Urban Development - All Districts

B.O.

CLOSED PUBLIC HEARING

 

52143

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

37.

Public hearing to consider adopting resolution tentatively approving cancellation of Williamson Act Contract No. 70-136 for 11091 Coronel Road, Santa Ana; authorize Director or designee to record Certificate of Tentative Approval of Cancellation and execute Certificate of Cancellation under certain conditions; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15305 and other findings - District 3

B.O.

CONTINUED TO 4/9/24, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

38.

County Counsel - Pursuant to Government Code Section 7283.1 conduct public hearing regarding Transparent Review of Unjust Transfers and Holds (TRUTH) Act; and receive and file information from County law enforcement departments regarding Immigration and Customs Enforcement's access to individuals in 2023 - All Districts

B.O.

CLOSED PUBLIC HEARING

 

 

RECEIVED AND FILED

 

V.CLOSED SESSION

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

SCS1.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION - Pursuant to Government Code Section 54956.9(d)(4):
Number of Cases:One Case

B.O.

DELETED

 

SCS2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:Larry Costa v. County of Orange, WCAB Case: ADJ14094860; ADJ16123670

B.O.

COUNTY COUNSEL READ: THE BOARD UNANIMOUSLY APPROVED A PROPOSED $590,000 WORKER'S COMPENSATION SETTLEMENT IN THE MATTER OF LARRY COSTA V. COUNTY OF ORANGE. THE APPLICANT, A DEPUTY SHERIFF II, SUSTAINED VARIOUS FORMS OF CUMULATIVE TRAUMA RELATED TO HIS EMPLOYMENT. THE SETTLEMENT REMAINS SUBJECT TO THE FINAL APPROVAL OF OTHERS. WHEN THE SETTLEMENT IS FINALIZED, COPIES OF THE AGREEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE OF CEO-RISK MANAGEMENT.

 

VI.PUBLIC, CEO, ADJOURNMENT & BOARD COMMENTS

 

PUBLIC COMMENTS:

 

Steve Rocco - Oral Re: Shutting down requested information from the Sheriff's Department and Registrar of Voters; what he has in common with Navalny, Assange and Snowden; organized crime in Orange and Santa Ana; Uncle Sam and self-preservation

 

Dante Bishop - Oral Re: Pulled over by San Juan Capistrano Police Department for not stopping while pulling out of a gas station; requested to meet with the Board to discuss legislative changes regarding individuals who get pulled over for no reason

 

Paul Hyek - Oral Re: Mercy House; make all County shelters walk-in/walk-out; driving without drivers license; undocumented and unlicensed individuals should have to go to court; owners of vehicles who allow unlicensed individuals to drive their cars should have their licenses removed; get illegals and carts off the streets

 

John Spring - Oral Re: Educator and Geopolitical Analyst; crimes of child abuse in Anaheim Hills; young girl who has a brain tumor is being victimized in Anaheim Hills and needs help

 

Bryan Kaye - Oral Re: 'Little Engine That Could' book; Board is spending money to commit individuals using the District Attorney and Public Defender offices; passing of Supervisor Sarmiento's sister

 

Eileen McDermott - Oral Re: Elections and AI bots; main stream media is lying; election fraud filed with Supreme Court; Board's denial of election fraud

 

Woodarek - Oral Re: In-custody death with Fullerton Police Department; killing minorities especially Latinos; create a Human Rights Commission to address human rights and abuses

 

Calvin - Oral Re: Elections; election results of Steve Garvey versus Adam Schiff for California Senate; 2021 recall election of Governor Newsom; election night results versus next day count

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

ADJOURNED:1:47 P.M.

23145

Adjourned in memory of Judge Francisco Briseno

 

BOARD COMMENTS:

 

Supervisor Foley - Oral Re: Requested to direct public speaker Mr. Spring to the appropriate authorities to address his concerns

 

 

***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