REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, October 4, 2022,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

400 W. Civic Center Drive

Santa Ana, California

 

 

DOUG CHAFFEE

CHAIRMAN

Fourth District

 

 

DONALD P. WAGNER

VICE CHAIRMAN

Third District

 



 

ANDREW DO

SUPERVISOR

First District

 

 

 

KATRINA FOLEY

SUPERVISOR

Second District

 

 

LISA A. BARTLETT

SUPERVISOR

Fifth District

 

ATTENDANCE:All Present

 

EXCUSED:None

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:Vice Chairman Wagner, Third District, gave the invocation

 

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

 

I.PRESENTATIONS/INTRODUCTIONS

 

Supervisor Bartlett presented a resolution in recognition of Trauma Intervention Program (TIP) of Orange County

 

Chairman Chaffee presented a resolution declaring October as National Bullying Prevention Month

 

Supervisors Foley and Bartlett made a presentation and statement on human rights of women and the death of Mahsa Amini and ongoing protests in Iran and throughout the world

 

Supervisor Foley presented a resolution recognizing October as National Disability Employment Awareness Month

 

Supervisor Foley presented a resolution recognizing October as Breast Cancer Awareness Month

 

II.CONSENT CALENDAR (Items 1-5)

 

15234

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 5 WHICH WAS CONTINUED TO 10/18/22 9:30 A.M.

 

BOARD APPOINTMENTS

 

1.

Supervisor Do - Orange County Historical Commission - Appoint Barbara Gossett, Garden Grove, for term concurrent with First District Supervisor's term of office

 

OC PUBLIC WORKS

 

2.

Acting as the Orange County Flood Control District - Approve agreement MA-080-23010130 with Riverside County Regional Park and Open-Space District to delineate respective roles and responsibilities for administration of funds, design and construction of a riding and hiking trail for non-motorized bicycle, equestrian and pedestrian use; effective upon approval until completion or termination; authorize Auditor-Controller to make related payments; and authorize Director or designee to carry out terms of the agreement and execute future amendments under certain conditions - All Districts

 

GENERAL ADMINISTRATION

 

3.

Clerk of the Board - Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for South Coast Water District - District 5

 

 

County Executive Office:

 

4.

Receive and file Quarterly Information Technology Projects Progress Report for Fourth Quarter FY 2021-22 - All Districts

 

5.

Receive and file Homeless Service System Pillars Report from the Commission to End Homelessness; and direct County Executive Office, Office of Care Coordination to utilize report as framework to create recommendations that shape policy and design programs aimed at addressing needs of individuals and families at risk of experiencing homelessness - All Districts

15234

CONTINUED TO 10/18/22, 9:30 A.M.

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 6-S17E)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

6.

Approve amendment 3 to contract MA-060-19010584 with Life Technologies Corporation for maintenance of genetic analyzers and real time polymerase chain reaction instruments, 11/1/22 - 10/31/23 ($59,181; cumulative total $200,620); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

32154

APPROVED AS RECOMMENDED

 

7.

Approve contract MA-060-22011785 with Special Services Group, LLC for hardwired Stealth V GPS Advanced slap on devices, micro trackers, replacement batteries, software connection and airtime for purposes of narcotic investigations and intelligence, 10/13/22 - 10/12/25 ($769,500); and authorize County Procurement Officer or Deputized designee to execute contract - All Districts

15234

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

8.

Ratify standard agreement 22-20121 with State Department of Health Care Services for specialty mental health services to eligible Medi-Cal beneficiaries, 7/1/22 - 6/30/27; and authorize Chief of Mental Health and Recovery Services or designee to execute agreement and related documents - All Districts

53124

APPROVED AS RECOMMENDED

 

JOHN WAYNE AIRPORT

 

9.

Approve amendment 8 to extend agreement S1000000270 with Orange County Fire Authority for aircraft rescue and fire fighting services, 12/1/22 - 11/30/27 ($31,091,284; cumulative total $122,041,469); and authorize County Procurement Officer or Deputized designee to execute amendment - District 5

52134

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

10.

Authorize Director or designee to utilize funds for permanent loan financing to a limited partnership to be formed by C&C Development Co., LLC, The Waterford Group, Inc. and Riverside Charitable Corporation for development of The Meadows Senior Apartments, Lake Forest; approve loan commitment ($220,000 per unit; total $1,540,000); approve subordination of permanent financing to amortized first trust deed ($6,129,190); waive Regional Housing Needs Assessment transfer policy; and authorize Director or designee to subordinate additional senior debt up to 100% and execute related documents under certain conditions - District 3

32154

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

11.

Approve amendment 1 to renew contract MA-080-20010042 with Aquatic Bioassay & Consulting Laboratories, Inc. for water toxicity testing services, 11/8/22 - 11/7/23 ($200,000; cumulative total $3,200,000); renewable for one additional one-year term; and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

25134

APPROVED AS RECOMMENDED

 

OC WASTE & RECYCLING

 

12.

Approve contract MA-299-22011943 with Civil Environmental Survey Group, Inc. dba CES for operation and maintenance services of groundwater control, monitoring and water supply systems, North Region Landfills, 11/15/22 - 11/14/25 ($1,050,000); renewable for one additional two-year term; authorize County Procurement Officer or Deputized designee to execute contract; and make California Environmental Quality Act and other findings - Districts 3 and 4

43125

APPROVED AS RECOMMENDED

 

13.

Approve amendment 1 to renew contract MA-299-20010242 with Ron Dietz, Inc., dba Dietz Hydroseeding Company for hydroseeding services, 11/23/22 - 11/22/23 ($575,000; cumulative total $1,625,000); and authorize County Procurement Officer or Deputized designee to execute amendment - Districts 1, 3, 4 and 5

B.O.

CONTINUED TO 10/18/22, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

14.

Acting as the Board of Directors of South Orange County Public Financing Authority - Approve in concept proposed refunding of South Orange County Public Financing Authority Special Tax Revenue Refunding Bonds 2014 Series A; and select Fieldman, Rolapp & Associates, Inc. as municipal advisor, Stradling Yocca Carlson & Rauth as bond and disclosure counsel and Hilltop Securities Inc. as underwriter; Acting as the Legislative Body of Community Facilities District No. 2004-1 (Ladera Ranch) - approve in concept proposed refunding of Community Facilities District No. 2004-1 (Ladera Ranch) 2014 Special Tax Refunding Bonds Series A and B; and select Fieldman, Rolapp & Associates, Inc. as municipal advisor, Stradling Yocca Carlson & Rauth as bond and disclosure counsel and Piper Sandler & Company as underwriter - District 5

52134

APPROVED AS RECOMMENDED

 

15.

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

13254

APPROVED AS RECOMMENDED

 

16.

Approve grant applications/awards submitted by County Executive Office, District Attorney, Health Care Agency and OC Community Resources in 10/4/22 grant report and other actions as recommended - All Districts

52134

APPROVED AS RECOMMENDED

 

17.

Approve amendment 2 to contract MA-017-20011127 with Hartford Life and Accident Insurance Company for life and accidental death and dismemberment insurance, 1/1/23 - 12/31/23; and authorize Chief Human Resources Officer or designee to execute amendment - All Districts

31254

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

S17A.

Sheriff-Coroner - Approve agreement with Orange County Fire Authority for security services; three-year term, renewable for two additional one-year terms; and approve FY 2022-23 charges ($1,004,112) - District 3 (Continued from 9/13/22, Item 14; 9/27/22, Item 27)

B.O.

CONTINUED TO 10/18/22, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

Vice Chairman Wagner:

 

S17B.

Approve appropriation of $200,000 from Third District's discretionary funding to Orange County Parks towards its recurring expense of stocking of fish at Irvine Lake; and make related findings per Government Code Section 26227

32154

APPROVED AS RECOMMENDED

 

S17C.

Approve appropriation of $250,000 from Third District discretionary funds to purchase $10 gift cards to fast food establishments to be given out to individuals who follow up and attend their medical appointments with Outreach and Engagement staff and $50,000 to purchase pet supplies for homeless individuals who have pets; and make related findings per Government Code Section 26227

34125

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

S17D.

Adopt resolution authorizing designation of La Palma Intercommunity Hospital as facility for involuntary detention, evaluation and treatment for up to 23 beds for adults with mental health disorders, pursuant to Welfare and Institutions Code Section 5150 et seq.; and directing Health Care Agency to submit Lanterman-Petris-Short designation to Department of Health Care Services for approval - District 1

15234

APPROVED AS RECOMMENDED

 

RESO: 22-122

 

GENERAL ADMINISTRATION

 

S17E.

County Executive Office - Approve appointment of Robert Paul Faigin as Executive Director for Office of Independent Review and employment agreement, effective 11/4/22 ($257,504 annual salary with estimated total compensation $422,739 including benefits) - All Districts

41235

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (Item 18)

 

OC COMMUNITY RESOURCES

 

18.

Public Hearing to consider approval of Substantial Amendment to FY 2021-22 Annual Action Plan to approve HOME Investment Partnership American Rescue Plan Allocation Plan for use of HOME American Rescue Plan funding ($5,017,613); and authorize Director or designee to increase 2020 Supportive Housing Notice of Funding Availability ($4,264,972) and return to Board for approval of individual projects and execute related documents - All Districts

B.O.

CLOSED PUBLIC HEARING

 

12354

APPROVED AS RECOMMENDED

 

V.CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

CS-1.

CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:Colette Farnes
Employee Organization:United Domestic Workers of America (UDWA), and other non-represented employees
RE:Terms and Conditions of Employment

B.O.

DELETED

 

SCS2.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8:
Property Location: Approximately 10 acres of County Owned Property Former MCAS El Toro at the Southeast corner of Marine Way and Ridge Valley, Irvine, California
County Negotiator: Thomas A. Miller, Chief Real Estate Officer
Negotiating Party: City of Irvine Surf Park Holdings, LLC
Under Negotiation: Terms and Value of Future Lease

B.O.

HELD, NO REPORTABLE ACTION

 

 

County Counsel:

 

SCS3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:James McAnally v. County of Orange
Case Number:ADJ7425263, ADJ5801214, ADJU Unassigned

B.O.

CONTINUED TO 10/18/22, 9:30 A.M.

 

SCS4.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:Eduardo Macedo v. County of Orange
Case Number:ADJ11618068, ADJ11618114

B.O.

COUNTY COUNSEL READ: THE BOARD UNANIMOUSLY APPROVED A $500,000 SETTLEMENT IN THE WORKERS' COMPENSATION CASE EDUARDO MACEDO V. COUNTY OF ORANGE. THE APPLICANT IS A RETIRED DEPUTY JUVENILE CORRECTIONAL OFFICER II WHO SUSTAINED VARIOUS INDUSTRIAL INJURIES, INCLUDING CUMULATIVE TRAUMA TO HIS INTERNAL SYSTEM AND LOWER BACK.

 

VI.PUBLIC, CEO, ADJOURNMENT & BOARD COMMENTS

 

PUBLIC COMMENTS:

 

Brigitte - Oral re: County departments and probate judges ignoring criminal activity and covered up fraud on the court to steal an estate; Klubnikin case

 

Mike Robbins - Oral re: Bryan Kaye is doing work at his house; read comments provided by Bryan Kaye regarding name calling and labeling him mentally ill; forged plea agreements

 

Name not provided - Oral re: Has seen fraud on every level including lying to the public and by psychological operations

 

Name not provided - Oral re: Requested the clerk read the monetary amounts included in each item; certification of election where there are more votes than voters; duplicate voters on the roll; poll books are responsible for fraudulent elections and in violation of law and treason

 

Roseann Di' Costanzo - Oral re: Celebrating bullying and first amendment rights; eliminate the state of emergency; criminal felony investigation regarding voter fraud

 

Belen - Oral re: Peggy Hall's case scored victory with tentative ruling that the County must provide proof that an emergency exists or rescind state of emergency; sang 'Amazing Grace'

 

Dr. Tang - Oral re: Vaccine mandates should be terminated; vaccines cause side effects and kill people; fake data and articles regarding COVID-19 is not scientific data

 

West Seegmiller - Oral re: Clinical research worker; rescind the state of emergency

 

Ian Jameson - Oral re: California Leftists for Freedom; vaccinated vs unvaccinated status; Biden stated that the pandemic is over; judge tentative ruling that the County must review local conditions and terminate the state ofemergency if local conditions are not justified

 

Ava Harrison - Oral re: Member of Informed Parents of CAPO-USD; judge ordered County to review state of emergency; forced mask wearing in schools

 

Bryant Rumbaugh - Oral re: Issues in Orange County similar to Riverside and San Diego County; need to find solutions so people are not beholden to wealthy people and businesses

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

ADJOURNED:12:47 P.M.

 

BOARD COMMENTS:

 

Chairman Chaffee - Oral re: Invited everyone to attend Fourth District's Kids Fishing Derby on Saturday, October 22 at Tri City Park in Placentia

 

Vice Chairman Wagner - Oral re: Email received regarding brain tumor patient who received assistance from CalOptima for requested services; thanked Chairman Chaffee and Supervisor Do for providing assistance to the constituent who lives in Irvine

 

 

***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