REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, July 18, 2023,
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:Supervisor Foley, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:Vice Chairman Do, First District, led the assembly in the Pledge of Allegiance

 

I.PRESENTATIONS/INTRODUCTIONS

 

Chairman Wagner presented a resolution proclaiming July 16-22, 2023 as "Probation Services Week"

 

II.CONSENT CALENDAR (Items 1-8)

 

14253

APPROVED AS RECOMMENDED WITH THE EXCEPTIONS ITEMS 1, 2 AND 5 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Chairman Wagner - Orange County Child Care and Development Planning Council - Reappoint Amanda Selogie, Huntington Beach, Teresa "Traci" Stubbler, Irvine, Sandra Avzaradel, Rancho Santa Margarita, Maureen Fitzpatrick, San Juan Capistrano and Fredrika "Fritzi" Gragg, Trabuco Canyon, for terms ending 8/5/25; appoint Delila Outlaw, Santa Ana, Jennifer Triolo, Orange, Alycia McInnish, Santa Ana, Cristina Blevins, Orange and Kaitlynn Truong, Garden Grove, to complete terms ending 8/5/25; and appoint Maria Morris, Fullerton, to complete term ending 8/5/24

31245

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

2.

Approve amendment 3 to contract MA-042-19011809 for professional credentialing verification services to incorporate Assignment, Novation and Consent Agreement from Verge Solutions, LLC dba Verge Health to Datix (USA) Inc., effective 7/18/23; and authorize County Procurement Officer or Deputized designee to execute amendment and agreement - All Districts

15243

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

3.

Approve Final Tract Map 19188; approve Subdivision Improvement Agreement S23-022206 with Pulte Home Company, LLC; accept dedication of easements for emergency access, public utility and public service vehicle ingress and egress purposes - District 5

 

4.

Approve Final Tract Map 19189; approve Subdivision Improvement Agreement S23-022208 with AG EHC II (LEN) CA 3, L.P.; accept dedication of easements for emergency access, public utility and public service vehicle ingress and egress purposes; and accept vehicular access rights to Williams Way and Pablo Way - District 5

 

5.

Approve stipend payment of $40,000 each to Swinerton Builders and Snyder Langston, LLC for submitting a proposal for design and construction services for Orange County Health Care Campus at El Toro Project; and authorize and direct Auditor-Controller or designee to make payments - District 3

53124
   N

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

6.

Approve amended Bylaws to Orange County Child Care and Development Planning Council Bylaws to incorporate Bylaws Template - All Districts

 

GENERAL ADMINISTRATION

 

7.

Clerk of the Board - Approve proposed amendment to the list of Boards, Commissions and Committees Conflict of Interest Code Designated Filer Exhibits to include Orange County Historical Commission - All Districts

 

8.

County Executive Office - Approve amendment 3 to contract MA-017-20011228 with California Physicians' Service, dba Blue Shield of California for dental claims administration for self-insured Management and Attorney Dental Plan, 1/1/24 - 12/31/24; and authorize Chief Human Resources Officer or designee to execute amendment - All Districts

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 9-S29P)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

9.

Approve amendment 3 to contract MA-060-20010085 with Stancil Corporation for Stancil Voice Logging Recorders and Network-Attached Storage server maintenance, 10/9/23 - 10/8/24 ($10,397; cumulative total $46,603); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

15243

APPROVED AS RECOMMENDED

 

10.

Ratify amendment 2 to contract MA-060-20011205 with Baker Electric & Renewables LLC dba Baker Electric for maintenance and repair of high and medium-voltage equipment, 5/15/23 - 5/14/24 ($300,000); renewable for one additional one-year term; and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

14253

APPROVED AS RECOMMENDED

 

11.

Ratify agreement 23112445 with State of California Commission on Peace Officer Standards and Training (POST) for coroner training courses, 7/1/23 - 6/30/24 ($96,961); and authorize Sheriff-Coroner or designee to execute agreement - All Districts

15243

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

12.

Approve amendment 2 to contract MA-042-23010693 with Charitable Ventures of Orange County, Inc. for Re-Entry Success Center services, 3/7/23 - 6/30/25 ($5,688,676; cumulative total $17,334,515); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

21453

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

13.

Approve contract MA-012-23011571 with Regents of the University of California, on behalf of its Davis Campus Wildlife Health Center, for mountain lion consultation services, effective upon Board approval for three years ($120,000; cumulative total $360,000); renewable for two additional years; authorize County Procurement Officer or Deputized designee to execute contract; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines section 15306 - All Districts

15243

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

14.

Approve amendment 4 to renew contract MA-080-20010291 with Bear Electrical Solutions, Inc. for traffic signal maintenance services, 10/1/23 - 9/30/24 ($325,000; cumulative total $1,625,000); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

42153

APPROVED AS RECOMMENDED

 

15.

Approve purchase order PO-280-23011099 for retroactive payment to TYCO Fire Security US Management Inc, dba Johnson Controls Fire Protection LP for fire alarm system maintenance and repair at John Wayne Airport, 7/1/21 - 6/30/22 ($22,554) - District 5

52143

APPROVED AS RECOMMENDED

 

16.

Approve contracts MA-080-23011464 with R.G. Vanderweil Engineers LLP and MA-080-23011465 with Burns & McDonnell Engineering Company, Inc. for on-call power generation and distribution engineering services, John Wayne Airport, three-year terms ($4,500,000 each; aggregate total $9,000,000); renewable for two additional years; authorize Director or designee to execute contracts; and make California Environmental Quality Act (CEQA) findings pursuant to CEQA Guidelines Section 15301 - All Districts

15243

APPROVED AS RECOMMENDED

 

17.

Approve amendment 1 to renew contract MA-280-20012074 with Master Landscape & Maintenance, Inc. for landscape maintenance services at John Wayne Airport, 9/11/23 - 9/10/25 ($1,150,000; cumulative total $2,866,018); and authorize County Procurement Officer or Deputized designee to execute amendment - District 5

52143

APPROVED AS RECOMMENDED

 

18.

Approve amendment 1 to contract MA-280-22011535 with Johnson Controls Fire Protection LP for facility security systems, equipment and software with related services, John Wayne Airport, effective upon approval ($600,000; cumulative total $1,200,000); authorize County Procurement Officer or Deputized designee to execute amendment; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines sections 15301 - District 5

52143

APPROVED AS RECOMMENDED

 

19.

Approve FY 2023-24 OC Civic Center Parking Maintenance Fund 828 Budget ($6,975,192); authorize Auditor-Controller to make related payments and transfer funds from Parking Facilities Fund 137 to Fund 828; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines sections 15301 and 15304 - District 2

25143

APPROVED AS RECOMMENDED

 

20.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve contracts with various contractors for on-call geotechnical and materials testing services, three-year terms ($750,000 each; aggregate total $4,500,000); renewable for two additional years; and authorize Director or designee to execute contracts - All Districts

14253

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

21.

Approve contract MA-299-23011446 with Applied Staff, LLC for temporary help services - landfill laborer classification, 7/18/23 - 7/17/26 ($1,065,000); renewable for one additional two-year term; and authorize County Procurement Officer or Deputized designee to make related changes under certain conditions and execute contract - Districts 3, 4 and 5

45123

APPROVED AS RECOMMENDED

 

22.

Approve amendment 2 to contract MA-299-21011236 with Project Partners, Inc. for professional technical support services, term ending 4/27/24 ($2,500,000); and authorize County Procurement Officer or Deputized designee to make changes under certain conditions and execute amendment - All Districts

15243

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

23.

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

 

RECEIVED AND FILED

 

24.

Approve Memorandum of Understanding (MOU) with Cities of Anaheim, Irvine and Santa Ana for homeless housing, assistance and prevention commitment to partnership; and authorize Director of Care Coordination or designee to execute MOU - Districts 2, 3, 4 and 5

23145

APPROVED AS RECOMMENDED

 

25.

Approve grant applications/awards submitted by Health Care Agency and OC Community Resources in 7/18/23 grant report and other actions as recommended - All Districts

52143

APPROVED AS RECOMMENDED

 

26.

Adopt 2024 Employee and non-Medicare Retiree PPO Health Plan rates for self-funded Wellwise and Sharewell Choice PPO plans; and authorize Chief Human Resources Officer or designee to approve change in County contribution to Sharewell Choice employee only rate under certain conditions - All Districts

23145

APPROVED AS RECOMMENDED

 

27.

Adopt 2024 Medicare Retiree PPO Health Plan rates for self-funded Wellwise Retiree and Sharewell Retiree Health Plans - All Districts

15243

APPROVED AS RECOMMENDED

 

28.

Adopt 2024 Cigna Healthcare of California and Kaiser Foundation Health Plan Employee and non-Medicare Retiree HMO Health Plan rates - All Districts

21453

APPROVED AS RECOMMENDED

 

29.

Adopt 2024 Medicare Retiree Insured HMO and PPO Health Plan rates - All Districts

41253

APPROVED AS RECOMMENDED

 

S29A.

Chairman Wagner - Commission to End Homelessness - Appoint Kristine Ridge, Huntington Beach, to complete term ending 8/8/24

25143

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

S29B.

Approve amendment 1 to renew contract MA-042-21011532 with Cepheid for GeneXpert Equipment Calibration services, 8/1/23 - 7/31/26 ($59,385; cumulative total $95,664); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

13245

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

Supervisor Chaffee:

 

S29C.

Orange County Senior Citizens Advisory Council - Appoint Beck Akiva Levin, Anaheim, for term concurrent with 4th District Supervisor's term of office

41253

APPROVED AS RECOMMENDED

 

S29D.

Acting as the Orange County In-Home Supportive Services Public Authority - Orange County In-Home Supportive Services Advisory Committee - Appoint Luz Delia Cedeno, Anaheim, for term ending 7/17/27

B.O.

DELETED

 

OC COMMUNITY RESOURCES

 

S29E.

Acting as Board of Supervisors - Authorize Director or designee to utilize $5,121,130 in available funding for loan financing to American Family Housing and National Community Renaissance of California, for development of HB Oasis, a 63-unit housing development located at 17251 Beach Boulevard in Huntington Beach; approve loan commitment to a limited partnership to be formed by American Family Housing and approve subordination of permanent financing to first deed conventional permanent loan ($5,121,130); 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 HB Oasis for the utilization of 62 Housing Choice and/or Mainstream Project-Based Vouchers; and authorize Executive Director or Orange County Housing Authority to execute related documents under certain conditions - District 1

41253

APPROVED AS AMENDED TO INCLUDE ANY COST SAVINGS BE UTILIZED TO REDUCE THE COUNTY'S LOAN COMMITMENT

 

S29F.

Approve amendment 6 to Small City Cooperation Agreement with cities of Brea, Cypress, Dana Point, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Los Alamitos, Seal Beach, Stanton and Villa Park; approve amendment 3 to Metropolitan City Cooperation Agreement with cities of Placentia and Yorba Linda; approve amendment 1 to Cooperation Agreement with City of San Juan Capistrano for participation in Urban County Program, FYs 2024-27; authorize OC Community Resources Director or designee to execute amendments and future amendments under certain conditions - Districts 1, 3, 4 and 5

14253

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

Supervisor Chaffee:

 

S29G.

Approve allocation of $1,000,000 of District 4 discretionary funds for 2-year pilot program to help City of Fullerton Police Department hire two licensed Clinical Social Workers; make related findings per Government Code Section 26227; direct County Executive Officer or designee to negotiate and enter into agreement as necessary; and direct Auditor-Controller to make related payments

41253

APPROVED AS RECOMMENDED

 

S29H.

Supervisor Sarmiento - Animal Care Community Outreach Committee - Appoint Vasila Ahmad, Irvine, to complete term ending 4/14/26

23145

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

 

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

 

S29I.

Approve contract MA-080-23010549 with Geosyntec Consultant, Inc., Larry Walker Associates, Inc., and Paradigm Environmental, Inc. for on-call watershed management plan/water quality improvement plan development and implementation, three-year terms (aggregate total $15,000,000); renewable for two additional years; authorize Director or designee to execute contracts; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15306 - All Districts

15243

APPROVED AS RECOMMENDED

 

S29J.

Approve contracts with various contractors for on-call stormwater management services, three-year terms (aggregate total $4,500,000); renewable for two additional years; and authorize Director or designee to execute contracts - All Districts

25143

APPROVED AS RECOMMENDED

 

S29K.

Approve contracts with various contractors for on-call environmental regulation services, three-year terms (aggregate total $3,000,000); renewable for two additional years; authorize Director or designee to execute contracts; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15306 - All Districts

15243

APPROVED AS RECOMMENDED

 

S29L.

Approve contracts with various contractors for on-call water quality and hydrologic monitoring and assessment services, three-year terms (aggregate total $6,000,000); renewable for two additional years; authorize Director or designee to execute contracts; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15306 - All Districts

13245

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S29M.

District Attorney - Ratify contract MA-026-23011479 with Tec-Refresh, Inc. for Palo Alto Premium support and maintenance, 4/7/23 - 7/25/24 ($964,766) - All Districts

15243

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

Supervisor Foley:

 

S29N.

Acting as the Board of Supervisors - Adopt resolution authorizing submission of application to California Department of Housing and Community Development and acceptance of Homekey Program grant funds for 1400 Bristol, Costa Mesa ($29,000,000); authorizing OC Community Resources Director or designee to execute State Standard agreements and any related documents necessary; authorize OCCR Director or designee to utilize Homekey Program funds if awarded and County funds as grant, loan or direct funds into escrow; authorize Auditor-Controller upon notification from OCCR Director or designee to make distributions and/or fund loans and/or escrow accounts; authorize OCCR Director or designee to utilize up to $6,781,520 in available funding for loan financing to American Family Housing for development costs, including acquisition and/or rehabilitation of currently a 120-room Travelodge located at 1400 Bristol Street, Costa Mesa, pursuant to 2023 Notice of Funding Availability; approve subordination of up to $6,781,520 County loan(s) at construction and permanent financing to a first trust deed conventional loan; authorize OCCR Director or designee to subordinate additional senior debt up to 100% of cumulative loan-to-value based on as-built appraised market value, if necessary, based on any future changes in project financing, execute subordination agreements and related documents under certain conditions, and approve Relocation Plans for 1400 Bristol consistent with State and Federal Relocation laws; and make California Environmental Quality Act exemption findings pursuant to Public Resources Code Section 21080.50; Acting as the Orange County Housing Authority - Approve selection of 1400 Bristol for utilization of 48 Veterans Affairs Supportive Housing, Mainstream and/or Housing Choice Project-Based Vouchers; authorize execution of related documents, instruments and agreements; and authorize Executive Director of the Orange County Housing Authority or designee to execute documents related to U.S. Department of Housing and Urban Development Project-Based Housing Choice Vouchers under certain conditions

45123

APPROVED AS AMENDED TO INCLUDE ANY COST SAVINGS BE UTILIZED TO REDUCE THE COUNTY'S LOAN COMMITMENT

 

RESO: 23-092

 

S29O.

Orange County Historical Commission - Reappoint Barbara Johannes, Dana Point, for term concurrent with 5th District Supervisor's term of office

52143

APPROVED AS RECOMMENDED

 

S29P.

Coto de Caza Planning Advisory Committee - Reappoint Bob Kallenbaugh and Michael Ameel, Coto de Caza, for terms concurrent with 5th District Supervisor's term of office

53124

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (None)

 

V.CLOSED SESSION (Item CS-1)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:Colette Farnes, Chief Human Resources Officer
Employee Organizations:Association of Orange County Deputy Sheriffs (AOCDS), Orange County Employees Association (OCEA), Orange County Attorneys Association (OCAA), International Union of Operating Engineers (IUOE), Association of County Law Enforcement Managers (ACLEM), American Federation of State, County and Municipal Employees (AFSCME), Orange County Managers Association (OCMA), Teamsters, and other non-represented employees
RE:Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

VI.PUBLIC, CEO, ADJOURNMENT & BOARD COMMENTS

 

PUBLIC COMMENTS:

 

Randy Kerr - Oral re: Election integrity and elimination of computer voting machines; return to paper ballots, same day voting and hand counting of ballots; quotes from Presidents Reagan, Biden and Trump

 

Stephanie Wade - Oral re: 6/6/23 Board approved policy regulating and limiting the flying of flags on County buildings; open letter signed by 965 LGBTQ individuals and allies preventing the flying of Pride flag at County buildings; LGBTQ discrimination and hatred is ongoing

 

Billy Joe Wright - Oral re: Anaheim teacher; read letter from Stephanie Wade condemning 6/6/23 Board vote preventing the flying of the Pride flag at County facilities; flying of the South Vietnam flag by Supervisor Do on Spectrum News Report

 

Esther - Oral re: Prioritize protecting our national security for future elections; eliminate electronic voting systems; will provide cost for Orange County to do hand counting of votes

 

Patty C - Oral re: Opposes stipend payment for submitting a proposal for design and construction services for Orange County Health Care Campus at El Toro Project containing BSL 3 labs

 

Ilya Tseglin - Oral re: Attending Board meetings for ten years after son Nate was beaten unconscious and kidnapped by police and protective services and placed in mental facility, forced to take drugs for medical experimentation; neglected, tortured and abused and personal profiteering by Orange County Regional Center Director Larry Landauer

 

Kathleen - Oral re: Supervisor Do's comment regarding speaker's comments; Supervisor Foley should be investigated for distributing $100 gift cards to local college students using AARPA funds and to resign from office

 

Bryan Kaye - Oral re: Steve Kim and Project Kinship; County does not use Roundup due to his speeches and conversation with District Attorney Todd Spitzer; constitutional rights and hate crime complaint

 

Eileen McDermott - Oral re: We the People has provided evidence of election fraud in 2020, recall of Governor Newsom and 2022 election; requested copies of Board's oath to uphold the constitution; 'Sound of Freedom' movie regarding human trafficking; words from the song 'Do You Hear The People Sing'

 

Roseanne - Oral re: Representing the New California State as the Orange County Chair; presented information reviewed from New California State County Executive Officer Chriss Street regarding state revenues and expenditures

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

ADJOURNED:1:33 P.M.

23145

Adjourned in memory of Helen Romero Reina

 

BOARD COMMENTS:

None

 

 

***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