REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, December 17, 2024,
9:30 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

 

 


 

JANET NGUYEN

SUPERVISOR

First District

 

 

 

VICENTE SARMIENTO

SUPERVISOR

Second District

 

 

KATRINA FOLEY

SUPERVISOR

Fifth District

 

ATTENDANCE:Supervisors: Foley, Nguyen, Sarmiento and Wagner

 

EXCUSED:Supervisor Chaffee

 

PRESENT:

INTERIM COUNTY EXECUTIVE OFFICER

 

Michelle Aguirre

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:Supervisor Sarmiento, Second District, gave the invocation

 

PLEDGE OF ALLEGIANCE:Supervisor Foley, Fifth District, led the assembly in the Pledge of

Allegiance and Keira Wilkes sang the national anthem

 

I.PRESENTATIONS/INTRODUCTIONS (None)

 

II.CONSENT CALENDAR (Items 1-11)

 

25143
   X

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 4 AND 8 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

OC COMMUNITY RESOURCES

 

1.

Receive and file FY 2022-23 Developer Fee Deposit Balance Report; and make related findings - All Districts

 

2.

Approve amendment 1 to renew contract MA-012-22010839 with MRI Software LLC for public housing agency software system, 2/1/25 - 1/31/27 ($374,124; cumulative total $890,179); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

 

3.

Acting as the Orange County Housing Authority acting as the Housing Successor Agency - Receive and file FY 2023-24 Housing Successor Agency Annual Report; and authorize Director or designee to make necessary adjustments under certain conditions - All Districts

 

OC PUBLIC WORKS

 

4.

Receive and file FY 2023-24 Development Fee Deposit Balance Reports; and make related findings - All Districts

52143
   X

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

5.

Ratify agreement 24-30 with Department of Health Care Services for privacy and security of Medi-Cal Personally Identifiable Information from Social Security Administration, Medi-Cal Eligibility Data System, California Statewide Automated Welfare System and Applicant Income and Eligibility Verification System, 9/1/24 - 9/1/28; and authorize Director or designee to execute agreement and related documents under certain conditions - All Districts

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

6.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for County Executive Office - All Districts

 

7.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Rancho Santiago Community College District - Districts 2 and 3

 

8.

Adopt resolution approving list of recurring Board of Supervisors resolutions for 2025 and authorizing Chair or other Supervisor to draft and execute resolutions - All Districts

52143
   X

APPROVED AS AMENDED TO ADD AGEISM AWARENESS DAY (OCTOBER 9), AO DAI DAY (MAY 15), GOLD STAR CHILDREN'S DAY (AUGUST 1), MELANOMA AWARENESS MONTH (MAY 2025), PICKLEBALL DAY (AUGUST 8), REPUBLIC OF VIETNAM MONTH (OCTOBER), VETERANS OF THE REPUBLIC OF VIETNAM ARMED FORCES DAY (JUNE 19), VICTIMS OF COMMUNISM DAY (NOVEMBER 7) AND WOMEN'S SMALL BUSINESS MONTH (OCTOBER) TO THE LIST OF RECURRING RESOLUTIONS FOR 2025 (ATTACHMENT C)

 

RESO: 24-132

 

9.

County Executive Office - Approve amendment 9 to master services agreement MA-017-19010750 with Science Applications International Corporation for managed services network, voice and security services to incorporate administrative changes to agreement; and authorize County Chief Information Officer or designee to execute amendment - All Districts

 

10.

Internal Audit - Receive and file Executive Summary of Internal Audit Reports for July - September 2024 - All Districts

 

11.

Chairman Wagner - Approve addition of Rotary Club of Tustin events to County Events Calendar; and make related findings per Government Code Section 26227

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 12-S31F)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

12.

Approve amendment 5 to contract MA-060-19010442 with Juguilon Medical Corporation for forensic pathology/autopsy services, 2/1/25 - 1/31/26 ($180,180; new total $3,783,780; new total $22,006,380); renewable for three one-year terms; and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

53124
    X

APPROVED AS RECOMMENDED

 

13.

Approve contract MA-060-25010033 with Prado Family Shooting Range for use of outdoor range for firearms training, 1/28/25 - 1/27/28 ($144,900); renewable for one additional two-year term; and authorize County Procurement Officer or Deputized designee to execute contract; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15301 - All Districts

53124
    X

APPROVED AS RECOMMENDED

 

14.

Approve contract MA-060-220110088 with Hunter Consulting Inc., dba HCI Environmental & Engineering service for lead remediation services, 2/11/25 - 2/10/26 ($700,000; cumulative total $2,800,000); renewable for one additional one-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 - All Districts

51243
   X

APPROVED AS RECOMMENDED

 

15.

Approve amendment 3 to contract MA-060-23010019 with Fujitec America, Inc. for elevator/escalator maintenance and repair services, James A. Musick Facility, term ending 12/19/25 ($139,040; cumulative total $3,221,920); and authorize County Procurement Officer or Deputized designee to execute amendment - District 3

35124
    X

APPROVED AS RECOMMENDED

 

16.

Approve contract MA-060-25010002 with Chef's Depot Inc dba Culinary Depot Inc. for purchase and delivery of Prisoner Tray Servers, term ending 12/16/27 ($1,800,000); renewable for two additional one-year terms; and authorize County Procurement Officer or Deputized designee to execute contract - Districts 2

25143
   X

APPROVED AS RECOMMENDED

 

17.

Approve contract MA-060-25010401 with FPG California Inc. dba Omega Society and contract MA-060-24011553 with Funeral and Cremation services of Orange County for indigent body removal and disposition services, term ending 12/16/27 ($750,000); and authorize County Procurement Officer or Deputized designee to execute contracts - All Districts

15243
   X

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

18.

Approve amendment 2 to contract MA-042-24010626 with Children and Families Commission of Orange County for Black Infant Health services, 1/17/25 - 6/30/26 ($353,910; cumulative total $2,176,707); and authorize County Procurement Officer or Deputized designee to execute contract - All Districts

52143
   X

APPROVED AS RECOMMENDED

 

19.

Approve master and individual contracts with various providers of adult long term care institutions for mental disease services, 1/1/25 - 6/30/26 (aggregate total $18,000,000); renewable for three additional one-year terms; authorize County Procurement Officer or Deputized designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute individual contracts - All Districts

25143
   X

APPROVED AS RECOMMENDED

 

20.

Approve amendment 5 to renew master contract MA-042-22011961 and individual amendments with various providers of mental health residential rehabilitation and mental health enhanced residential rehabilitation services, 1/1/25 - 6/30/27 ($5,814,450; cumulative total $14,536,125); and authorize County Procurement Officer or Deputized designee to execute amendments - All Districts

52143
   X

APPROVED AS RECOMMENDED

 

21.

Approve continuation of local health emergency by County's Health Officer issued on 9/20/24 for Trabuco Canyon Airport Fire and affected areas to facilitate debris and ash removal as well as mitigation efforts to protect water wells; and set review to determine need for continuing local health emergency for 1/14/25, 9:30 a.m., and every 30 days thereafter until terminated - All Districts (Continued from 9/24/24, Item S37H; 10/8/24, Item 8; 11/5/24, Item 10; 12/3/24, Item 19)

53124
    X

APPROVED AS RECOMMENDED

 

22.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Amending Sections 4-11-2, of the Codified Ordinances of the County of Orange Regarding the Orange County Health Authority" - All Districts (Continued from 12/3/24, Item 23)

13245
   X

CONTINUED TO 1/14/25, 9:30 A.M.

 

JOHN WAYNE AIRPORT

 

23.

Approve amendment 1 to subordinate contract MA-280-22010553 with Universal Protection Service, LP dba Allied Universal Security Services for armed security guard services, 2/1/25 - 1/31/27 ($8,018,664); and authorize County Procurement Officer or Deputized designee to execute amendment and exercise cost contingency increase not to exceed 10% under certain conditions - District 5

52143
   X

CONTINUED TO 1/14/25, 9:30 A.M.

 

OC COMMUNITY RESOURCES

 

24.

Approve amendment 5 to contract MA-012-20012142 with M.B. Oliver, Inc. dba Agricultural Pest Control Services for pest management and control services, term ending 6/30/25 ($16,440; new total $213,440; cumulative total $1,001,440); authorize County Procurement Officer or Deputized designee to execute amendment; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15301 - All Districts

53124
    X

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

25.

Approve amendment 4 to extend contract MA-280-20010615 with Sterling Energy International, Inc. for cogeneration/central utility plant operation, maintenance and environmental compliance services, John Wayne Airport 1/1/25 - 1/31/27 ($14,866,738; cumulative total $35,277,612); and authorize County Procurement Officer or Deputized designee to execute amendment - District 5

52143
   X

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

26.

Probation - Approve amendment 2 to contract MA-057-22010684 with Waymakers for outreach, support, and education services, 1/13/25 - 1/12/26 ($297,000; cumulative total $1,188,000); renewable for one additional one-year term; and authorize County Procurement Officer or Deputized designee to execute amendment and future amendments under certain conditions - All Districts

25143
   X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Counsel:

 

27.

Approve continuation of Local Emergency for the Airport Fire; and order review to determine need for continuing local emergency for 2/11/25, 9:30 a.m. and every 60 days thereafter until terminated - All Districts (Continued from 9/10/24, Item S22I; 11/5/24, Item 17)

35124
    X

APPROVED AS RECOMMENDED

 

28.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Repealing Ordinance No. 09-006, Sections 1-8-3 and 1-8-4 of the Codified Ordinances of the County of Orange on the Prohibition of Anti-Competitive or Discriminatory Requirements in Public Contracts" - All Districts (Continued from 12/3/24, Item S37B)

52143
   X

APPROVED AS RECOMMENDED

 

ORD: 24-007

 

 

County Executive Office:

 

29.

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

52143
   X

APPROVED AS RECOMMENDED

 

30.

Receive and file the 2024 Strategic Financial Plan and OC CARES Annual Report for FY 2023-24; and approve revised bylaws for Orange County Criminal Justice Coordinating Council to clarify Council's Chair and Vice Chair roles, review process for future bylaw revisions and other minor administrative changes to ensure consistency - All Districts

25143
   X

APPROVED AS RECOMMENDED

 

31.

Approve grant applications/awards submitted by District Attorney and Sheriff-Coroner and retroactive grant application/awards submitted by Health Care Agency in 12/17/24 grant report and other actions as recommended; adopt resolution authorizing District Attorney or designee to execute grant award agreement and amendments with California Office of Emergency Services for Victim/Witness Assistance Program, 10/1/24 - 9/30/25 ($3,120,408); and making California Environmental Quality Act (CEQA) exemption findings pursuant to CEQA Guidelines Section 15061(b)(3) and other findings; and adopt resolution authorizing Director, Behavioral Health Services, to submit retroactive grant application, and execute Standard Agreement with Department of Health Care Services for Bond Behavioral Health Continuum Infrastructure Program (BHCIP) Road 1: Launch Ready ($300,050,000) - All Districts

25143
   X

APPROVED AS RECOMMENDED

 

RESO: 24-133 - 24-134

 

S31A.

Chairman Wagner - Approve revised 2024 Chairman's appointments of board members to various boards, commissions and committees

35124
    X

APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

S31B.

Approve amendment 2 to extend lease agreement with KB Stadium Crossings MT, LLC for 53,674 square feet of office space for Social Services Agency located at 2125 E. Katella, Anaheim, 1/1/25 - 3/31/28; authorize Chief Real Estate Officer of designee to execute subsequent documents, option terms and amendment under certain conditions; and make California Environmental Quality Act (CEQA) exemption findings pursuant to CEQA Guidelines Section 15301 - District 2

25143
   X

APPROVED AS RECOMMENDED

 

S31C.

Approve Assignment of Purchase Agreement for acquisition of Homekey Program property, Travelodge by Wyndham, 1400 Bristol Street (the Property), Costa Mesa and authorize use of Commercial Purchase and Sale Agreement between Haley Hospitality Enterprises, LLC and American Family Housing; approve use of Homekey Program grant funds pursuant to terms of Purchase and Sale Agreement with Haley Hospitality Enterprises, LLC to purchase the Property; approve Ground Lease Agreement with American Family Housing to plan, design, fund, construct, renovate, market, operate, manage and maintain the Property; approve Assignment of Lease Agreement with Tesla, Inc. to assume existing Supercharger Agreement and amendment 1; approve Assignment of Lease Agreement with Khashayar Bagheri (Pom & Olive Restaurant) to assume existing Commercial Lease Agreement, Addendum and Addendum No. 2; approve Assignment of Leases andCommercial Lease Agreement for Pom & Olive Restaurant and Supercharger Agreement with Tesla, Inc. to American Family Housing; approve Declaration of Restrictive Covenant for California Department of Housing and Community Development; authorize Chief Real Estate Officer or designee to open and close escrow, execute assignments, agreements, leases, minor modifications and declarations under certain conditions; and make California Environmental Quality Act (CEQA) exemption findings pursuant to Public Resources Code Section 21080.50(a)(3) and Health and Safety Code Sections 50675.1.3 and 50675.1.4 and other findings - District 5

52143
   X

APPROVED AS RECOMMENDED

 

PUBLIC PROTECTION

 

S31D.

Probation - Approve amendment 1 to contract MA-057-25010715 with US Metro Group, Inc. for janitorial services at 1055 N. Main St., Santa Ana, 1/2/25 - 8/31/26 ($1,035,814; cumulative total $1,407,573); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

25143
   X

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

S31E.

Approve retroactive Assignment, Assumption and Consent Agreement and amendment 1 to contract MA-012-24011692 with Rothrock Senior Care Services, Inc. to transfer and assign contract from Alzheimer's Orange County to Rothrock Senior Care Services, Inc. and add SoCal Senior Services, LLC as subcontractor, 11/1/24 - 6/30/25, for Adult Day Care services, effective 11/1/24; and authorize County Procurement Officer or Deputized designee to execute agreement and amendment - All Districts

53124
    X

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S31F.

Treasurer-Tax Collector - Adopt resolution approving 2025 Investment Policy Statement and delegating investment authority to Treasurer-Tax Collector; and making related findings - All Districts

B.O.

DELETED

 

IV.PUBLIC HEARINGS (Items 32-33)

 

OC PUBLIC WORKS

 

32.

Public Hearing to consider appeal of Planning Commission approval of Planning Application PA22-0227 Coastal Development Permit, Use Permit and Variances for demolition of all existing structures to accommodate construction of new two-level single-family residence filed by Laurence P. Nokes, Esq. for William Cooley on 10/10/24; receive public testimony as appropriate; deny appeal; recommend Lot Line Adjustment LLA.2023-17 for approval; approve PA22-0227 subject to Findings and Conditions of Approval contained in Planning Commission Staff Report dated 9/25/24; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Sections 15301, 15302, and 15303 - District 5

B.O.

CLOSED PUBLIC HEARING

 

52143
   X

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

33.

County Counsel - Public Hearing to consider adopting Resolution adopting General Plan Amendment H20-01 (6th Cycle Housing Element); direct staff to revise Housing Element language in light of The Ohio House v. City of Costa Mesa decision prior to submittal to Department of Housing and Community Development; and consider application of Final Negative Declaration No. IP 22-0133 and Addendum 1 and other findings - All Districts

B.O.

CONTINUED TO 2/11/25, 9:30 A.M.

 

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: Workers represented by United Domestic Workers of America (UDWA)
RE: Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

VI.PUBLIC, CEO, ADJOURNMENT & BOARD COMMENTS

 

PUBLIC COMMENTS:

 

Steve Rocco - Oral Re: Full disclosure and evidence of murder and other crimes; thousands of felonies committed by the Board; reported evidence of crimes to the Federal Bureau of Investigation (FBI); crimes committed by Andrew Do and use of discretionary funds; new FBI director coming with a new philosophy and different approach

 

Steve Reynolds - Oral Re: Presented information how the County can save $35 million per year with Champion Health

 

David Ball - Oral Re: Happy to hear Supervisor Sarmiento is open to audits; failure in County's election process; requested immediate dismissal of Bob Page as the Registrar of Voters, investigation into failures to identify vulnerabilities and a detailed report outlining the accounting and investigation findings and corrective actions

 

Ilya Tseglin - Oral Re: Demanded resignation of Board members and revocation of their licenses to practice law; Chairman has not provided time to discuss issues regarding his son; ignoring corruption by Larry Landauer and OC Regional Center for personal profiteering; Board's career without public approval will go down

 

Shauna Dauk - Oral Re: Requested the Orange County Family Court be investigated regarding concerns with court appointed therapist Jessica St. Clair who has fraudulent credentials and extreme bias; recommendations affecting children's safety, parents' rights and custody; evidence of physical and sexual abuse is ignored; investigate the Justice Center judges, staff, minors counsel, therapists and custody evaluators

 

Esther - Oral Re: Requested Board vote no on the Voters Choice Act (VCA) in January 2025

 

Kate - Oral Re: Certification defined by law is an attestation of accuracy and compliance; 2020, 2022 and 2024 elections were fraudulent

 

Samuel Perigela - Oral Re: Student at the Orange County School of the Arts; libraries are unsung heroes of our communities, are struggling and should be renovated and new libraries should be built and promoted; conducted impact studies on the lack of libraries and wrote a book 'Bricks' about a middle-schooler who takes the initiative to restore a library to its former glory; investing in better libraries means investing in the future of Orange County

 

Bryan Kaye - Oral Re: Man reported human trafficking, mental health evaluator and FBI investigation for failure to act; ignoring speakers and facing investigation by FBI

 

Cheryl - Oral Re: Accounting discrepancies during the General Election; look at ways to promote fair voting; abuse, waste and inaccuracies in elections should no longer be allowed, get rid of the Voters Choice Act and do not allow mail-in ballots

 

James P. - Oral Re: Brown Act provides reasonable time for the public to speak and time was not provided to the public at the last meeting; looking for more whistleblowers on the latest election at PetersforMayor2024.com; questioned election certification discrepancy, requested election be nullified and an investigation be conducted

 

Roseann - Oral Re: Orange County Chair of New California State; approval of the certification by Bob Page despite deficiencies and fraud in the election; Joe Hoft, an international forensic auditor said Orange County and California's certified elections were un-certifiable; read portion of Trump's cease and desist letter warning anyone trying to cheat in the election; ways to solve issues with elections

 

Gabriela Hildalgo - Oral Re: No supervision of clubhouse management at Clarvida, formerly known as Camino Nuevo; lack of training of the peers who take discriminatory retaliation, give suspensions and unequal treatment as well as threats to clients; has been suspended for speaking up; provided recommendations to resolve issues

 

Carolyn - Oral Re: Requested Registrar of Voters schedule public meetings to discuss the Voters Choice Act before it is renewed, advise the public of meetings so they can attend and vote against the Voters Choice Act; cybersecurity, internet connection, risk assessment and testing of equipment by independent organization at the Registrar of Voters office

 

Tito Herrera - Oral Re: Requested help with unlawful detainer case; judge ruled in his favor but Sheriff has not evicted tenants; was advised Sheriff Substation in his area will close during the holidays

 

Julie Anderson-Holburn - Oral Re: Investigative reporter who has years of extensive investigation into Orange County Family Court, Child Protective Services, court approved therapist list and minors, counsel list and judges; is a victim of Orange County and Orange County Family Court corruption;purposely taking children away from protective parents who are reporting child sexual abuse, physical abuse and domestic violence and placing them with their abusers; requested Board call a public investigation by the Department of Justice

 

COUNTY EXECUTIVE OFFICER COMMENTS:

 

Michelle Aguirre - Oral Re: Wished the County family a Merry Christmas, Happy Holidays and a Happy New Year

 

ADJOURNED:2:13 P.M.

31245
   X

Adjourned in memory of Mark Murphy, former mayor and councilmember in the City of Orange

 

53124
    X

Adjourned in memory of Martin Benson

 

BOARD COMMENTS:

 

Supervisor Sarmiento - Oral Re: Welcomed Supervisor Nguyen; condolences to wife and family of Mark Murphy, former mayor and councilmember in the City of Orange; recognized Dr. Victor Cota on his retirement after 35 years of service with Social Services Agency

 

Supervisor Foley - Oral Re: Welcomed Supervisor Nguyen; wished everyone a healthy and happy holiday season; final Coat Drive distributions at Laguna Beach and San Juan Capistrano

 

Supervisor Nguyen - Oral Re: Thanked Chairman Wagner and his staff, County Executive Officer Michelle Aguirre, Clerk of the Board and her staff, County Counsel and Human Resources for going above and beyond to help establish her office; wished everyone a Merry Christmas and Happy Holidays

 

Chairman Wagner - Oral re: Wished everyone a Merry Christmas, Happy Hanukkah and a great holiday season

 

 

***KEY***

Left Margin Notes

 

 

 

1. = Supervisor Nguyen

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