REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, March 27, 2018,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

333 W. Santa Ana Blvd., 10 Civic Center Plaza    

Santa Ana, California              

 

 

ANDREW DO

CHAIRMAN

First District

 

 

SHAWN NELSON                           

VICE CHAIRMAN                          

Fourth District

 

 

MICHELLE STEEL

SUPERVISOR

Second District

 

 

 

TODD SPITZER                           

SUPERVISOR                             

Third District

 

 

LISA A. BARTLETT

SUPERVISOR

Fifth District

 

ATTENDANCE:  Supervisors: Bartlett, Nelson, Spitzer and Steel

 

EXCUSED:         Supervisor Do                                                                  

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:  Supervisor Steel, Second District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Spitzer, Third District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Supervisor Steel presented a resolution proclaiming April 2 as "Autism Awareness Day"

 

II.   CONSENT CALENDAR (Items 1-4)

 

25134
  X 

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 1 AND 4 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Supervisor Bartlett:

 

1.

Orange County Planning Commission - Appoint David Bartlett, Ladera Ranch, for term concurrent with 5th District Supervisor's term of office

52134
  X 

APPROVED AS RECOMMENDED

 

2.

Coto de Caza Planning Advisory Committee - Appoint Mike Ameel, Coto de Caza, to complete term ending 1/31/20

 

OC COMMUNITY RESOURCES

 

3.

Approve cooperative agreement with Orange County Fire Authority for hand crew services and equipment to support fuel reduction and maintenance work in OC Parks facilities, 3/27/18 - 3/26/19 ($200,000) with option to renew for four additional one-year terms; and make California Environmental Quality Act and other findings - All Districts

 

GENERAL ADMINISTRATION

 

4.

Supervisor Steel - Approve sponsorship of Rossmoor Homeowners Association's Neighborhood Watch signs; per Government Code Section 26227, find that it will serve a public purpose and meet the social needs of population of the County and staff may solicit donations of funds and services for such events

23154
  X 

APPROVED AS RECOMMENDED

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 5-S14E)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

5.

Receive and file status report and approve continuance of local emergency related to Theo Lacy Facility for repair to inoperable elevator used for public, legal visits and emergency egress for inmates; set review to determine need for continuing local emergency for 4/10/18, 9:30 a.m. and every regularly scheduled meeting thereafter until terminated - District 3 (4/5 vote of the members present) (Continued from 9/26/17, Item S46E; 10/17/17, Item 22; 10/31/17, Item 13; 11/14/17, Item 17; 12/5/17, Item 31; 12/12/17, Item 17; 1/9/18, Item 9; 1/23/18, Item 21; 2/6/18, Item 12; 2/27/18, Item 15; 3/13/18, Item 11)

52134
  X 

APPROVED AS RECOMMENDED

 

6.

Approve amendment 12 to contract Z1000000068 with Rancho Santiago Community College District for law enforcement training consultant services, 4/1/18 - 3/31/19 ($30,000; cumulative total $288,349); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

52134
  X 

APPROVED AS RECOMMENDED

 

7.

Approve amendment 7 to contract MA-060-11010909 with Rancho Santiago Community College District for law enforcement training programs, 4/1/18 - 3/31/19 ($144,000; cumulative total $1,069,600); and authorize County Procurement Officer or authorized Deputy to execute amendment - District 3

25134
  X 

APPROVED AS RECOMMENDED

 

8.

Approve amendment 2 to agreement MA-060-13010027 with Rancho Santiago Community College District for tuition/registration fees for Criminal Justice Classes, 4/1/18 - 3/31/19 ($190,000; cumulative total $1,240,986); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

25134
  X 

APPROVED AS RECOMMENDED

 

CHILD SUPPORT SERVICES

 

9.

Approve amendment 5 to contract MA-027-13011154 with ABC Legal Services, Inc. for legal process services, 5/6/17 - 7/31/18 ($40,000; new total $440,000; cumulative total $2,140,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

52134
  X 

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

10.

Ratify retroactive selection of and agreement with Telecare Corporation for General Population Region C Full Service Partnership services, 3/1/18 - 6/30/20 ($15,704,614); authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and to execute agreement - All Districts

24135
  X 

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

11.

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

52134
  X 

APPROVED AS RECOMMENDED

 

12.

Approve grant applications/awards submitted by District Attorney, OC Community Resources and OC Public Works in 3/27/18 grant report and other actions as recommended; adopt resolution authorizing OC Public Works Director or designee to submit, execute application and related documents to California Natural Resource Agency for Santa Ana Gardens Bikeway project - All Districts

25134
  X 

APPROVED AS RECOMMENDED

 

RESO: 18-020

 

13.

Approve combined follow-up responses to various 2016-17 Grand Jury Reports - All Districts

25134
  X 

APPROVED AS RECOMMENDED

 

14.

Approve lease agreement with BPAP East 140 LLC for office and clinical space for Health Care Agency at 140 South State College Boulevard, Brea, 8/1/18 - 4/30/29; authorize Chief Real Estate Officer or designee to execute subsequent lease amendments for non-monetary and/or monetary changes under certain conditions; and make California Environmental Quality Act and other findings - District 4

45123
  X 

APPROVED AS RECOMMENDED

 

S14A.

Supervisor Steel - Adopt resolution to condemn state law that restricts law enforcement and endangers public safety and direct County Counsel to take legal action

24135
  X 

APPROVED AS RECOMMENDED

 

RESO: 18-021

 

HEALTH CARE AGENCY

 

S14B.

Approve agreement with Children's Hospital of Orange County dba CHOC Children's for Inpatient Mental Health services for Youth, 4/1/18 - 6/30/20 ($1,125,000); authorize Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions and to execute agreement - All Districts

35124
  X 

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

S14C.

Children and Families Commission - Approve selection of one individual to the Health Category to complete term ending 3/31/19 - All Districts

34125
  X 

SELECTED AND APPOINTED PEGGY HUANG TO HEALTH CATEGORY

 

S14D.

Children and Families Commission - Approve selection of one individual to the Health Category (annual alternating category); one individual to the Education Category; and one individual to the Health Category, for terms ending 3/31/20 - All Districts

32154
  X 

SELECTED AND APPOINTED RAMIN BASCHSHI, MD TO HEALTH CATEGORY (ANNUAL ALTERNATING CATEGORY); SELECTED AND APPOINTED SANDRA PIERCE TO EDUCATION CATEGORY; AND SELECTED AND APPOINTED MARIA MINON, MD TO HEALTH CATEGORY

 

S14E.

Supervisor Steel and Supervisor Bartlett - Rescind all Board actions taken at the Special Meeting on 3/19/18; authorize expenditure of $70.5 million of Mental Health Services Act Community Services and Support funds for acquisition and/or renovation of properties for supportive housing for mentally ill; direct staff to return to the Board with proposals; authorize staff to execute contract with American Family Housing for 12 additional housing units to accommodate couples

52134
  X 

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (Item 15)

 

OC COMMUNITY RESOURCES

 

15.

Acting as the Orange County Housing Authority - Public Hearing to consider approving Orange County Housing Authority (OCHA) Annual Public Housing Agency Plan for FY 2018-19; and authorize Executive Director of OCHA or designee to execute documents, update plan under certain conditions and submit plan to U.S. Department of Housing and Urban Development - All Districts

B.O.

CLOSED PUBLIC HEARING

 

35124
  X 

APPROVED AS RECOMMENDED

 

V.   CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

CS-1.

Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Brenda Diederichs
Employee Organizations:  Association of County Law Enforcement Management (ACLEM), American Federation of State, County and Municipal Employees (AFSCME), Association of Orange County Deputy Sheriffs (AOCDS), International Brotherhood of Teamsters, Local 952, In-Home Supportive Services (IHSS), International Union of Operating Engineers (IUOE), Orange County Attorneys Association (OCAA), Orange County Employees Association (OCEA), Orange County Managers Association (OCMA) and other non-represented employees
RE:  Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

 

County Counsel:

 

SCS2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Orange County Catholic Worker, et al. v. Orange County, et al., United States District Court Case No. 8:18-cv-00155-DOC-JDE

B.O.

HELD, NO REPORTABLE ACTION

 

SCS3.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION - Pursuant to Government Code Section 54956.9(d)(2):
Number of Cases:  One Case

B.O.

HELD, NO REPORTABLE ACTION

 

SCS4.

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.

COUNTY COUNSEL READ: ON A VOTE OF 4-0 WITH VICE CHAIR NELSON, AND SUPERVISORS STEEL, SPITZER AND BARTLETT VOTING YES AND CHAIRMAN DO ABSENT, THE BOARD VOTED TO AUTHORIZE AND DIRECT COUNTY COUNSEL TO INTERVENE IN THE PENDING CASE UNITED STATES V. CALIFORNIA, CASE # 18-264 ON BEHALF OF THE COUNTY OF ORANGE.

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

 

David Duran - Oral Re: Board failed in their actions and responsibilities regarding homeless; homeless dying on the street; workers supported by the County do not make enough money and are homeless

 

Laura Kanter - Oral Re: Supports UDW and the In-Home Supportive Service care workers and their fight for a living wage; supports SB54, justice for immigrants, homeless and the LGBTQ community

 

Amy Wiwgua - Oral Re: Community organizer for Health Access; supports In-Home Supportive Service care workers and their fight for a living wage

 

Name unknown - Oral Re: Supports In-Home Supportive Service care workers and their fight for a living wage

 

Brigitte - Oral Re: Complaint to the Attorney General; money earmarked for homeless housing

 

Thomas Fielder - Oral Re: Expressed sympathy to the Board regarding homeless; mission of the Federation for American Immigration Reform

 

Name unknown - Oral Re: Original people of Orange County

 

Ilya Tseglin - Oral Re: Nate Tseglin; Ilya Tseglin and Robert Tseglin attend meetings and ask to save Nate Tseglin's life

 

Robert Tseglin - Oral Re: Nate Tseglin kidnapped by police and placed in group home, seizures, Public Defender, Adult Protective Services, concealment of medical records

 

June Stedman - Oral Re: Adoptive autistic children; supports UDW and the In-Home Supportive Service care workers and their fight for a living wage

 

Donta Harrison - Oral Re: Supports UDW and the In-Home Supportive Service care workers and their fight for a living wage; requested the Board accept the State funding for the home care provider program

 

Sheena Innocente - Oral Re: Clarification of Section 8 program and eligibility

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

 

Supervisor Bartlett - Oral Re: Congratulated the County on the grand opening of the OC Animal Care Center on March 24, 2018

 

Supervisor Spitzer - Oral Re: Nepotism and Personal Relationship Policy has been signed by the County Executive Officer and is included in the Grand Jury response (Agenda Item #13); directed County Executive Officer to create a sex offender management policy for any and all County shelters (Courtyard and potential future shelters); and provided a spreadsheet that identifies where County sex offenders are registered by region through Probation

 

ADJOURNED:  3:57 P.M.

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Do

A.  =   Abstained

2. = Supervisor Steel

X.  =   Excused

3. = Supervisor Spitzer

N.  =   No

4. = Supervisor Nelson

BO =   Board Order

5. = Supervisor Bartlett

 

 

 

ORD.  = Ordinance

 

RESO. = Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

                                                                                                                                                           

 Chair, Orange County Board of Supervisors

                                                                                   

 

 

 

 

                                                                       

   Orange County Clerk of the Board