|
REGULAR MEETING OF THE BOARD OF SUPERVISORS |
ORANGE
COUNTY, CALIFORNIA |
|
|
|
|
|
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:Supervisor
Do, First District, gave the invocation
PLEDGE OF ALLEGIANCE:Supervisor
Foley, Second District, led the assembly in the Pledge of Allegiance
and Diana Farrell of Lyric Opera of Orange County sang the National
Anthem
I.PRESENTATIONS/INTRODUCTIONS
Chairman Chaffee
presented a resolution declaring October - November 11, 2022
as "Operation Green Light for Veterans" |
Supervisor Bartlett
provided a presentation of adoptable animals with staff from
OC Animal Care to kick off the 5th District sponsorship of all
pet adoptions during the month of November
|
Chairman Chaffee
presented a resolution declaring November 2022, as "National
Adoption Awareness Month" |
Vice Chairman Wagner
presented a resolution recognizing November 13-19, 2022 as
"National Nurse Practitioner Week"
|
II.CONSENT CALENDAR (Items 1-12)
13254
|
APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEMS 1 AND 2 WHICH WERE PULLED FOR
DISCUSSION AND SEPARATE VOTE
|
BOARD
APPOINTMENTS
1.
|
Supervisor Foley - Orange
County Waste Management Commission - Appoint Gloria
Alvarado, Santa Ana, for term concurrent with 2nd District
Supervisor's term of office |
13254
|
APPROVED AS RECOMMENDED |
JOHN
WAYNE AIRPORT
2.
|
Authorize
Director to allocate regulated Class A and Class E
average daily departures, seat capacity, remain overnight
positions and passenger capacity to scheduled commercial
passenger, cargo and commuter air carriers under Phase 2
Commercial Airline Access Plan and Regulation for 2023 Plan
Year (1/1/23 - 12/31/23); approve related actions; and make
related findings - District 5 (Continued from 10/18/22, Item
2) |
52134
|
APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
3.
|
Receive
and file FY 2021-22 Developer Fee Deposit Balance
Report; and make related findings - All Districts |
OC
PUBLIC WORKS
4.
|
Approve
amendment to Antonio Parkway/Oso Parkway Intersection
Improvements Funding and Implementation Agreement
MA-080-18011570 with RMV Realty, Inc., for traffic flow
improvement ($152,987; cumulative total $286,777) - District 5
|
5.
|
Approve
Final Tract Map 19163; approve Subdivision Improvement
Agreement S22-070804 with DMB San Juan Investments North, LLC
and RMV PA3 Development, LLC; accept bonds guaranteeing
construction of improvements; accept dedication of easement
for public street, public utility, storm drain and access
purposes; and accept vehicular access rights to Williams Way,
Saddle Way and Pablo Way - District 5 |
GENERAL
ADMINISTRATION
|
Clerk
of the Board: |
6.
|
Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Clerk-Recorder - All Districts |
7.
|
Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Auditor-Controller - All
Districts |
8.
|
Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Office of Independent Review -
All Districts |
9.
|
Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Capistrano Unified School
District - District 5 |
10.
|
Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Orange County Mosquito and
Vector Control District - All Districts |
11.
|
Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Orange County Power Authority -
All Districts |
12.
|
County Executive Office -
Acting
as the Orange County Flood Control District - Approve
Offer and Agreement to Purchase Real Property with and
Easement Deed to City of Santa Ana for Fairview Bridge
Replacement ($255,000); authorize OC Public Works Director or
designee to perform related activities and execute related
documents under certain conditions; and consider application
of Final Mitigated Negative Declaration SCH 2020049015 and
other findings - District 2 |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 13-S26D)
ELECTED
DEPARTMENT HEADS
|
Sheriff-Coroner:
|
13.
|
Approve
retroactive amendment 1 to agreement 21-76003-029 with
California Department of State Hospitals to coordinate
telehealth interviews and evaluations of felony defendants
committed to the California Department of State Hospitals as
incompetent to stand trial, 7/1/21 - 6/30/24 ($150,000;
cumulative total $210,000); and authorize Sheriff-Coroner or
designee to execute amendment - All Districts |
35124
|
APPROVED
AS RECOMMENDED
|
14.
|
Approve
retroactive contract CT-060-22010872 with Life
Technologies Corporation for one-time purchase of Rapid DNA
Analytical Instrument ($132,049); and authorize County
Procurement Officer or Deputized designee to execute contract
- All Districts |
12354
|
APPROVED
AS RECOMMENDED
|
HEALTH
CARE AGENCY
15.
|
Adopt
resolution Form CASASP 202 authorizing named individuals
to acquire surplus property from California State Office of
Fleet and Asset Management and accept responsibility for
payments of incidental fees; and authorize Director or
designee to submit Eligibility Application for State and
Federal Surplus Property Program and execute related documents
under certain conditions - All Districts |
13254
|
APPROVED AS RECOMMENDED |
|
RESO:
22-135 |
OC
COMMUNITY RESOURCES
16.
|
Acting
as the Orange County Housing Authority - Authorize
extension of initial term of Housing Assistance payment
contract with AMCAL Avenida Fund, L.P., for Avenida Villas
Apartments from 10-years to 20-years; Acting as the Board of
Supervisors - Approve reallocation of Avenida Villas
Apartments' Mental Health Services Act (MHSA) Special Needs
Housing Program Capitalized Operating Subsidy Reserve balance
($3,800,000) to other developments that do not have project
based rental assistance and are drawing down their subsidy
reserve balances; and authorize Health Care Agency Director or
designee to execute related MHSA Fund Release and Transfer
Authorization - All Districts |
51234
|
APPROVED AS RECOMMENDED |
OC
PUBLIC WORKS
17.
|
Award
contract MA-080-23010023 to Huitt-Zollars, Inc. for
design services for Los Patrones Parkway Extension, seven-year
term ($2,163,771); renewable for two additional one-year
terms; approve cooperative agreement MA-080-22011919 with RMV
Community Development, LLC for project approval and
environmental document for Los Patrones Parkway Extension,
effective 10/18/22; and authorize Director or designee to
execute contract and future amendments to cooperative
agreement under certain conditions - District 5(Continued
from 10/18/22, Item 30) |
B.O.
|
CONTINUED TO 11/29/22,
9:30 A.M.
|
18.
|
Approve
amendment 3 to renew contract MA-280-20010615 with
Sterling Energy International, Inc. to extend on-site coverage
and increase hourly rates for cogeneration/central utility
plant operation, maintenance and environmental compliance
services at John Wayne Airport, 1/1/23 - 12/31/24 ($8,611,667;
cumulative total $20,410,874); and authorize County
Procurement Officer or Deputized designee to execute amendment
- Districts 2 and 5 |
52134
|
APPROVED AS RECOMMENDED |
19.
|
Approve
contract MA-080-23010374 with Lionakis for architect and
engineering services for Criteria Documents Phase 4 -
Construction Administration, Orange County Juvenile Hall Youth
Transition Center, 11/8/22 - 11/7/25 ($2,063,234); and
authorize Director or designee to execute contract - District
2 |
25134
|
APPROVED AS RECOMMENDED |
20.
|
Approve
job order contracts with various contractors for
elevator services ($4,000,000), painting services
($4,000,000), plumbing services ($4,000,000) and asbestos
removal and decontamination services ($1,500,000), 12/12/22 -
12/11/23 (aggregate total $13,500,000); and authorize Director
or designee to execute individual contracts - All Districts |
53124
|
APPROVED AS RECOMMENDED |
21.
|
Approve
job order contracts with various contractors for general
contracting services, 12/12/22 - 12/11/23 ($5,000,000 each;
aggregate total $50,000,000); and authorize Director or
designee to execute individual contracts - All Districts |
53124
|
APPROVED AS RECOMMENDED |
22.
|
Ratify
cooperative agreement 22-1374-000-SG with the California
Department of Food and Agriculture for reimbursement of
inspection costs for high-risk plant shipments, 7/1/22 -
6/30/23 ($587,608); authorize Director or designee to execute
agreement; and make California Environmental Quality Act and
other findings - All Districts |
35124
|
APPROVED AS RECOMMENDED |
23.
|
Acting as the Board of
Supervisors and Orange County Flood Control District - Approve
design phase services contract MA-080-23010108 for
construction manager at-risk services ($256,000) and
construction phase services contract MA-080-23010112
($18,233,000) with Myers & Sons Construction, LLC for East
Garden Grove-Wintersburg Channel Bridges Project; authorize
Director or designee to execute contracts; and make California
Environmental Quality Act and other findings - District 1 |
13254
|
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
|
County
Executive Office: |
24.
|
Approve
recommended positions on introduced or amended
legislation and/or consider other legislative subject matters
- All Districts |
13254
|
APPROVED
AS RECOMMENDED
|
25.
|
Approve
grant applications/awards submitted by Sheriff-Coroner,
Health Care Agency, District Attorney and County Executive
Office, retroactive grant application/award submitted by
Health Care Agency in 11/8/22 grant report and other actions
as recommended; adopt resolution authorizing Sheriff-Coroner
or designee to execute, submit application and grant assurance
to California Office of Emergency Services for FY 2022
Emergency Management Performance Grant ($937,117); and execute
related actions under certain conditions; adopt resolution
authorizing District Attorney or designee to execute grant
award agreement and amendments with California Office of
Emergency Services for Human Trafficking Victim Advocacy
Program, 1/1/23 - 12/31/23 ($154,500); and making California
Environmental Quality Act and other findings - All Districts |
13254
|
APPROVED
AS RECOMMENDED
|
|
RESO: 22-136 - 22-137
|
26.
|
Approve
amendment 1 to contract MA-017-20011102 with Mercer
Investments LLC, dba Mercer Investment Advisers LLC for
investment consulting services, 11/19/22 - 11/18/23 ($272,250;
cumulative total $956,250); renewable for one additional year
($272,500); and authorize Chief Human Resources Officer or
designee to execute amendment-
All Districts |
32154
|
APPROVED
AS RECOMMENDED
|
|
Supervisor
Bartlett: |
S26A.
|
Coto
de Caza Planning Advisory Committee - Appoint Garrett
Mott, Coto de Caza, for term concurrent with 5th District
Supervisor's term of office |
54123
|
APPROVED
AS RECOMMENDED
|
S26B.
|
Orange
County Parks Commission - Appoint William Eldien, Laguna
Niguel, for term concurrent with 5th District Supervisor's
term of office |
54123
|
APPROVED
AS RECOMMENDED
|
S26C.
|
Chairman Chaffee - Approve
addition of United Domestic Workers Food Drive to County
Events Calendar; and make related findings per Government Code
Section 26227 |
42135
|
APPROVED AS RECOMMENDED |
S26D.
|
County Executive Office -
Approve
lease agreement with T-C Fairway Center II LLC for
office space located at 675 Placentia Avenue, Brea, 6/1/23 -
3/31/39 ($43,838,496); with three five-year options to extend
term; authorize Chief Real Estate Officer or designee to
execute lease, exercise expansion right, subsequent documents
and amendments under certain conditions; and make California
Environmental Quality Act and other findings - District 4 |
45123
|
APPROVED AS RECOMMENDED |
IV.PUBLIC HEARINGS (Item 27)
OC
COMMUNITY RESOURCES
27.
|
Public
Hearing to consider adopting FY 2023-24 Funding
Allocation Policy and Process for Housing and Community
Development activities; approve substantial amendment 2 to FY
2021-22 Annual Action Plan reallocating Community Development
Block Grant - Corona Virus funds ($2,428,308) to cities
implementing existing Housing Rehabilitation programs and
permanent supportive and affordable housing programs - All
Districts |
B.O.
|
CLOSED PUBLIC HEARING |
15234
|
APPROVED AS RECOMMENDED |
V.CLOSED SESSION
GENERAL
ADMINISTRATION
|
County
Counsel: |
SCS1.
|
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION - Pursuant to Government
Code Section 54956.9(d)(2): |
B.O.
|
COUNTY
COUNSEL READ: ON A VOTE OF 4-0, WITH CHAIRMAN CHAFFEE,
VICE CHAIR WAGNER, AND SUPERVISORS DO AND BARTLETT VOTING
AYE, AND SUPERVISOR FOLEY ABSENT, THE BOARD APPROVED A
PROPOSED $100,000 SETTLEMENT WITH CLAIMANTS ALEXIS MENDOZA
AND DYANIRA CINCO. ON SEPTEMBER 23, 2021, THE CLAIMANTS
WERE THE DRIVER AND PASSENGER, RESPECTIVELY, IN AUTOMOBILE
ACCIDENT OCCURRING ON THE 55 FREEWAY, WHEN THEIR VEHICLE
WAS REAR ENDED BY A TRUCK DRIVEN BY A COUNTY EMPLOYEE.
CLAIMANTS CLAIMED PROPERTY DAMAGE AND PERSONAL INJURIES |
SCS2.
|
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION
OF LITIGATION - Pursuant to Government Code Section
54956.9(d)(4): |
B.O.
|
COUNTY
COUNSEL READ: ON A VOTE OF 4-0, WITH CHAIRMAN CHAFFEE,
VICE CHAIR WAGNER, AND SUPERVISORS DO AND BARTLETT VOTING
AYE, AND SUPERVISOR FOLEY ABSENT, THE BOARD AUTHORIZED
COUNTY COUNSEL TO RETAIN THE LAW FIRM RING BENDER LLP TO
ASSIST THE OFFICE OF COUNTY COUNSEL IN POTENTIAL
LITIGATION ARISING FROM A RECENT, MINOR (AND NOW SEEMINGLY
CONTAINED) OIL LEAK IN THE TALBERT FLOOD CONTROL CHANNEL
IN HUNTINGTON BEACH. THE OIL LEAK WAS DISCOVERED ON
OCTOBER 6, 2022, WHEN AN ORANGE COUNTY FLOOD CONTROL
DISTRICT CONTRACTOR WAS DRIVING SHEET PILE INTO THE
TALBERT FLOOD CONTROL CHANNEL WALL AND STRUCK AND RUPTURED
AN ABANDONED, BURIED CHEVRON CRUDE OIL PIPELINE, LEADING
TO THE RELEASE OF AN ESTIMATED 500 GALLONS OF CRUDE OIL
INTO THE CHANNEL. RING BENDER LEAD ATTORNEY JEFFREY RING'S
HOURLY RATE IS $495/HOUR, AND ATTORNEY PATRICK "KIT"
BOBKO'S HOURLY RATE IS $450/HOUR |
VI.PUBLIC, CEO, ADJOURNMENT &
BOARD COMMENTS
PUBLIC
COMMENTS:
Ian
Jameson - Oral re: California Leftists for Freedom;
Respiratory Syncytial Virus (RSV) is not an emergency;
Moderna's press release last year regarding fast-tracking new
vaccine for RSV and coincidental announcement by Pfizer
regarding their RSV vaccine the day before the County declared
a state of emergency for RSV; data shows Covid vaccines caused
RSV in children during vaccine trials; cases happening in
hospitals now were caused by the Covid vaccine; end the state
of emergency for Covid and RSV |
Len Beckman - Oral re:
56 signers of the Declaration of Independence and 56 days
until hearings begin on what has happened over the last few
years; Covid vaccine is the greatest medical malpractice in
history; good science is most important; so much is built on
fake and faulty science; important to start listening to each
other |
Brigitte - Oral re:
Don't need vaccinations; six years ago on election day a
businessman Donald Trump beat Hillary Clinton and same day the
Board attempted to silence the public by co-mingling public
comments; County criminal mafia organization covering up for
County attorneys, the Public Guardian and Public Administrator
removed Quitclaim deed from a trust, falsified official
recorded documents and forced conservatorships |
Ilya Tseglin - Oral re:
Honored to speak after other members of the public; reason for
coming to every meeting is to plead assistance for son Nate
who was kidnapped three times by Social Services in order for
OC Regional Center to steal public funding reserved for his
son's services; Son was abducted, neglected, abused, isolated,
tortured and forcibly addicted to dangerous drugs |
Michelle - Oral re:
Forgives members of the Board; grace changes the hearts of
evil persons; when we forgive we free the other person but we
also set ourselves free; practice forgiveness |
Laura M - Oral re:
Supervisors say they are here to serve but have instead
contributed to mental health issues, housing crisis and small
business losses based on policies blindly following
misinformation and disinformation from the CDC and the FDA; no
emergency declaration for a disease that has 0% death rate and
highly treatable; Remdesivir causes problems and symptoms
similar to snake bites |
Cheryl - Oral re:
Serious problems with election processes; Registrar of Voters
(ROV) says they have no authority to confirm citizenship; ROV
should be shut down for violating sanctity of votes; the Board
of Supervisors holds the purse strings over the ROV; Voters
Choice Act is a voters cheat act |
Dawn
Thomas - Oral re: Witnessed fraud as an observer on
6/8/22; was women's overall body building champion; studied
science and health since childhood; daughters child was
vaccinated and got very sick; Pfizer employees asked to go to
Wuhan; Gavin Newsom is a warlock |
Joette - Oral re:
Supervisors absent during public comments; fraudulent
elections where there were more votes than voters; movie 2000
Mules proved ballot boxes allowed ballot trafficking; clean up
voter rolls; violations of election laws, major fraud and
corruption; Board calling meeting with less than 72 hours
notice is a violation of law |
David - Oral re: Opposes
state of emergency for another healthcare non-crisis; people
are fearful that this will lead to more mandates; extreme to
declare state of emergency for crowded hospital beds and Board
should come up with a different solution |
Bryant Rumbaugh - Oral
re:Phrase "In God We
Trust" shows that God's law is above the rest; laws of common
sense, grammar; respect, morality and truth; truth has been
escaping the public; Constitution gives three opportunities to
vote; cannot waive the consent of the governed; left state
refund card to show people are not interested in inflation |
Kim Sorgente - Oral re:
Feedback from public means the public does not support this;
freedom of speech for people to come tell the Board what is
going on; secret meetings to push some agenda; this Board is
failing the people and have not served them well; keep your
hands off the kids and hands off everything; optics are
terrible |
Kathleen - Oral re: The
extended voting centers are empty; drop boxes are not being
collected because gas is too expensive; election process costs
$16 million; return to one day in-person voting with voter ID
means the County could save millions of dollars; one person
one vote; be the light for election integrity for California |
Mrs. A - Oral re: Cause
morality was approved; Karen Kingston proves that emergency
use authorization does not work; cannot vote for emergency
use; now vaccine has been approved we can know what they put
in the vaccines; head of Moderna was arrested by the White
House; patents on what is in gene therapies |
Roseann - Oral re:
Orange County Chair for New California State which will be the
51st state; Vice President of Finance for New California State
is Chris Street who advises that erroneous reporting on
financials show that California is actually on brink of
bankruptcy because revenues are down 42% |
COUNTY
EXECUTIVE OFFICER COMMENTS:
None |
ADJOURNED:12:52 P.M.
54123
|
Adjourned in memory of
Fred Swegles
|
BOARD
COMMENTS:
None |
***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 |