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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
ORANGE COUNTY, CALIFORNIA |
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BOARD HEARING ROOM, FIRST FLOOR |
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333 W. Santa Ana Blvd., 10 Civic Center
Plaza |
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Santa Ana, California |
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MICHELLE STEEL CHAIRWOMAN Second District |
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ANDREW DO VICE CHAIR First District |
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TODD SPITZER SUPERVISOR Third District |
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SHAWN NELSON SUPERVISOR Fourth District |
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LISA A. BARTLETT SUPERVISOR Fifth District |
ATTENDANCE: All
Present
EXCUSED: None
PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Frank Kim |
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COUNTY COUNSEL |
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Leon J. Page |
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CLERK OF THE BOARD |
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Robin Stieler |
INVOCATION:
Supervisor Spitzer, Third District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Spitzer, Third District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Chairwoman Steel presented a resolution
proclaiming April 24, 2017 as "Armenian Genocide Remembrance Day" |
II.
PUBLIC COMMENTS
Mark Daniels - Oral Re: Homeless issues;
'Al Fresco Gardens' project for low cost living communities in Anaheim by
Nancy West; requested the Board review and consider Nancy West's plan |
Jamie Ludovise - Oral Re: Asked when
bathrooms will be placed in the riverbed, existing beds in the County are
full, housing homeless in the riverbed, provide porta potties and open the
park restrooms at night for the homeless, armories closing on Sunday, April
16 |
Dwight Smith - Oral Re: Contract between
Kingdom Enterprises and the County to 'discourage rogue providers', food
poisoning and no potable water in the Courtyard, no environmental health
standards at the Courtyard, animal feces on ground and feces on mats in the
Courtyard |
Mohammed Aly - Oral Re: Met with Supervisor
Nelson at Burger King by the riverbed and led him to a homeless family living
in the riverbed, will not follow Board rules, will speak for 30 minutes and
directly address Board Members, homeless children living in the riverbed,
housing for the homeless, homeless living in tents, need portable restrooms
in the riverbeds |
Michael Klubnikin - Oral Re: Rescind
November 8, 2016 Board approval of moving the general public comments to the
beginning of Board meetings, Ilya Tseglin, Public Defender |
Paul Hyek - Oral Re: Asked when the Kraemer
Shelter will be open, armories closing on Sunday, April 16, 2017 |
Darrell Nolta - Oral Re: Agenda Item S29B,
Board suppression of the right of the public to speak, First Amendment Rights
and grievances against the Board of Supervisors and the County, supports ACLU
suing the Board of Supervisors, use of magnetometers for Board Meetings is
unreasonable |
Jeanine Robbins - Oral Re: Read article
'Plight of the Homeless' by Mike Zint regarding homeless |
Mike Robbins - Oral Re: Homeless issues,
tightening of economic market and housing, homeless population is increasing
and needs to be addressed |
Rudy Padrel - Oral Re: Raising awareness of
drug overdose, over prescribing drugs and the epidemic in Orange County, goal
is to create County Awareness Day and would like the Board's support to make
the event possible, 'Kids From the Other Side' Program by Dr. Headrick
inspires youth to make their teen years drug and alcohol free |
Dr. Daniel Headrick - Oral Re: 'Kids From
the Other Side' Program inspires youth to make their teen years drug and
alcohol free, focus on prevention and promote natural highs, drug assemblies
at middle schools |
Jodi Barber - Oral Re: Lost son and friends
to prescription drug overdose, need to spread awareness and educate,
'Overtaken' documentary about the ongoing prescription pill epidemic in
Orange County |
Nancy West - Oral Re: Presented 'Al Fresco
Gardens' Project for low cost living communities in Anaheim |
Brendan Hamme - Oral Re: Brown Act, Board
suppressing public comments at meetings, Board pleas poverty when faced with
cries from its constituents for permanent supportive housing |
Bruce Creel - Oral Re: Homeless issues, his
ministry helps the homeless, multifaceted problems for the homeless including
mental, health, drug addiction and prison records, delivers Christ Center
help to the homeless at the riverbed |
Rebecca Whitehead - Oral Re: Child living
in the riverbed, policies in place do not help the homeless, need housing
policy and feasibility study to help the homeless, need more policies to
protect the children that are homeless |
Lou Noble - Oral Re: Homeless advocate,
need housing for the homeless, drug addiction and oppression of the homeless,
thanked Supervisor Nelson for meeting with Mohammed Aly and visiting the
homeless in the riverbed, implement camping grounds for those waiting for
housing, supports Al Fresco Garden plan |
Jordan Hoiberg - Oral Re: Reprimand the
Board for the behavior toward Mohammed Aly, commend Supervisor Nelson efforts
for visiting the homeless in the riverbed, need permanent transition housing
solution for the homeless, SB59 for the disposition of the Costa Mesa-based
Fairview Developmental Center gives Orange County and the City of Costa Mesa
first rights refusal of land |
III.
CONSENT CALENDAR (Items 1-15)
35142 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 3 AND 6 WHICH WERE DELETED; AND ITEMS 13 AND 14 WHICH WERE PULLED
FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Spitzer: |
1. |
Orange
County Mental Health Board - Appoint Tia Christian, Orange, to complete term
ending 11/19/17 |
2. |
Senior
Citizens Advisory Council - Appoint Linda J. Barcelona, Santa Ana, to
complete term ending 12/31/17 |
3. |
Acting
as the Orange County Housing Authority - Housing and Community Development
Commission - Appoint Matthew Buck, Irvine, to complete term ending 6/30/17
(Continued from 3/28/17, Item S36A) |
35142 |
DELETED |
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Vice Chair Do: |
4. |
Orange
County Human Relations Commission - Appoint Kim Toan Do, Westminster, for
term ending 4/10/19 |
5. |
Acting
as the Orange County Housing Authority - Housing and Community Development
Commission - Appoint An Nguyen, Fountain Valley, to complete term ending
6/30/17 |
DEPARTMENT APPOINTMENTS
6. |
Health Care Agency - Well
Standards Advisory Board - Reappoint John Gregg, Huntington Beach; Roy
Herndon, Fountain Valley; Robert McVicker, Anaheim; Jian Peng, Orange; and
Nabil Saba, Santa Ana for terms ending 1/6/20 - All Districts (Continued from
12/13/16, Item 3; 1/24/17, Item 4) |
35142 |
DELETED |
ELECTED DEPARTMENT HEADS
7. |
Sheriff-Coroner - Adopt
list of prequalified contractors; adopt unit price book and technical
specifications and set bid opening for 5/3/17, 2:00 p.m., for Job Order
Contract for general contracting services; and make California Environmental
Quality Act and other findings - All Districts |
OC COMMUNITY RESOURCES
8. |
Approve
Saddleback Gateway Interim Operations Plan to make site accessible and
suitable for public use at former Silverado Elementary School property;
and consider adoption of Mitigated Negative Declaration No. IP 16-213 and
other findings - District 3 |
OC PUBLIC WORKS
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Acting as the
Orange County Flood Control District: |
9. |
Approve
agreement MA-080-171011119 with City of Westminster for bikeways and trails
improvements, Anaheim Barber City Channel, 20-year term, renewable for 30
additional one-year terms; approve grant deed with City of Westminster
granting fee interest and reserving flood control purposes, Rancho Road; and
make California Environmental Quality Act and other findings - District 1 |
10. |
Adopt
resolution making certain findings pertinent to leasing of Orange County
Flood Control District property; approve demonstration garden lease with
City of Anaheim, 10 year term with option to extend for 15 additional
one-year periods ($7,500 each year); make California Environmental Quality
Act, and other findings; and authorize Director or designee to perform all
activities specified under lease terms - District 3 |
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RESO: 17-036 |
SOCIAL SERVICES AGENCY
11. |
Approve
Privacy and Security agreement with California Department of Social Services
for continued access to Social Security Administration, Medi-Cal
Eligibility Data System and applicant income and eligibility verification
system personally identifiable information, for term ending 10/1/19; and
authorize Director or designee to execute agreement and any related documents
- All Districts |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
12. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Orange County Department of Education - All Districts |
13. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for District Attorney - All Districts |
34152 |
APPROVED
AS RECOMMENDED; DIRECTED STAFF TO REVIEW THE DEFINITION OF 'PARTY' WITHIN
DISCLOSURE CATEGORY OC-50 AND TO RETURN TO THE BOARD WITH A RECOMMENDATION
WITHIN 30 DAYS |
14. |
Approve
initial Conflict of Interest Code and Designated Filer Exhibits for Citrus
Springs Charter School, a California Public Charter School - District 1 |
24135 |
APPROVED
AS RECOMMENDED |
15. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Trabuco Canyon Water District - Districts 3 and 5 |
END OF
CONSENT CALENDAR
IV.
DISCUSSION ITEMS (Items 16-S29F)
OC COMMUNITY RESOURCES
16. |
Approve
increase to agreement for Provision of Professional services with various
providers of veterinary services ($200,000; new total $550,000) for term
ending 6/30/17 - All Districts |
53142 |
APPROVED AS RECOMMENDED; DIRECTED STAFF TO
LOOK AT THE DEMANDS OF THE SHELTER WHILE TRANSITIONING TO THE NEW SHELTER IN
TUSTIN AND REVISIT THE NEED TO HIRE A FULL-TIME VETERINARIAN; WORK WITH DR.
HAWKINS AND JVR STRATEGIES TO IDENTIFY KEY VETERINARY BOARDS AND ASSOCIATIONS
NATIONWIDE IN ORDER TO ADVERTISE POSITION TO THE LARGEST POOL OF REPUTABLE
APPLICANTS; LOOK AT UNFREEZING THE POSITION, WORKING WITH THE STAKEHOLDERS
AND MOVING TOWARDS HIRING A FULL-TIME VETERINARIAN; AND WORK ON SALARY REVIEW
IF COMPENSATION IS AN ISSUE. |
OC PUBLIC WORKS
17. |
Approve
agreement MA-299-17011360 with Sukut Construction, LLC for Crews Quarters and
Storage Facility, Frank R. Bowerman Landfill ($2,481,632); and authorize
Director or designee to execute agreement - District 3 |
34152 |
APPROVED AS RECOMMENDED |
18. |
Approve
aggregate agreements MA-080-17010674 with Mesa Energy Systems, Inc., Orange
Coast Plumbing, All American Mechanical Contractors, Inc. and Verne's
Plumbing, Inc. for on-call maintenance, repair and alteration services for
plumbing systems, 4/11/17 - 4/10/22 (aggregate total $5,000,000); and
authorize Purchasing Agent or authorized Deputy to execute agreements - All
Districts |
13452 |
APPROVED RA 1(A), 1(B), 1(C) AND 1(D) AS
AMENDED TO MODIFY TERMS OF AGREEMENTS TO 3 YEAR TERMS WITH A 2 YEAR RENEWAL |
19. |
Approve
aggregate agreements MA-080-17010662 with Delta Power, Inc., Fakouri
Electrical Engineering, Inc., and Global Power Group, Inc., for maintenance
and repair services for emergency generators, 4/11/17 - 4/10/22 (aggregate
total $5,000,000); authorize Purchasing Agent or authorized Deputy to execute
agreements; and make California Environmental Quality Act and other findings
- All Districts |
13452 |
APPROVED RA 1(A), 1(B), AND 1(C) AS AMENDED
TO MODIFY TERMS OF AGREEMENTS TO 3 YEAR TERMS WITH A 2 YEAR RENEWAL |
20. |
Approve
Change Orders No. B4 and No. B5 with Sukut Construction, LLC for La Pata
Avenue Widening Project for additional work to address adverse geological
conditions ($6,000,000); and authorize Director or designee to execute Change
Orders - District 5 |
53142 |
APPROVED AS RECOMMENDED |
21. |
Acting as the Orange County Flood Control
District - Approve
cooperative agreement MA-080-17010657 with Orange County Civic Center
Authority for procurement of San Juan Creek Channel Levee Protection Project
Phases 4, 5, and 6, three year term; approve expenditure of funds for
agreement between Orange County Civic Center Authority and Ames Construction,
Inc. for Construction Manager At-Risk design phase services, three year term
($6,000); approve expenditure of funds to fund a negotiated agreement with
Ames Construction, Inc. for construction phase services ($33,000,000); and
authorize Chief Engineer to adopt plans, specifications and working details -
District 5 |
53142 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
22. |
Probation - Approve
agreement MA-057-17011493 with HOV Services, Inc. for scanning, indexing
and imaging services, 4/15/17 - 4/14/20 ($800,000); renewable for two
additional one-year terms; and authorize Chief Probation Officer or designee
to execute agreement - All Districts |
15342 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
23. |
Clerk of the Board - Children
and Families Commission - Approve selection of one individual to the
Education Category (annual alternating category); one individual to the
Health Category; and one individual to the Education Category, for terms
ending 3/31/19 - All Districts |
13452 |
SELECTED AND APPOINTED SANDRA BARRY TO
EDUCATION CATEGORY (ANNUAL ALTERNATING CATEGORY) |
31452 |
SELECTED AND APPOINTED KIMBERLY CRIPE TO
THE HEALTH CATEGORY |
21345 |
SELECTED AND APPOINTED GREGORY HAULK TO THE
EDUCATION CATEGORY |
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County
Executive Office: |
24. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
12345 |
APPROVED
AS RECOMMENDED |
25. |
Approve
Regional Cooperative agreement RCA-017-17010018 with Tevora Business
Solutions, Inc. for Cyber Security Assessment and Audit services, 4/11/17 -
4/10/20 with option to renew for two additional one-year terms; authorize
Chief Information Officer or designee to execute agreement; authorize County
departments to enter into subordinate agreements under Regional Cooperative agreement
with Tevora Business Solutions, Inc. ($200,000 per year); and direct CEO,
Chief Information Officer, Chief Information Security Officer or designee to
work will all County departments to execute subordinate agreements to conduct
baseline security assessment by no later than 6/30/18; and direct Chief
Information Officer or designee to provide a written report to the Board on
state of County cyber security on a bi-annual basis, first report due by
11/14/17 - All Districts |
53142 |
APPROVED
AS RECOMMENDED |
26. |
Acting
as the Legislative Body of Community Facilities District No. 2017-1 (Village
of Esencia) - Adopt resolution certifying election results within
Improvement Area No. 1 and Improvement Area No. 2 for levy of special tax,
bond indebtedness and issuance of bonds and authorizing filing of validation
action; and consider first reading of "Ordinance of the Board of
Supervisors of Orange County, California Acting in its Capacity as the
Legislative Body of Community Facilities District No. 2017-1 of the County of
Orange (Village of Esencia) Authorizing the Levy of Special Taxes within
Improvement Area No. 1 and Improvement Area No. 2"; and set second
reading and adoption for 4/25/17, 9:30 a.m. - District 5 |
54132 |
APPROVED
AS RECOMMENDED |
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RESO: 17-037 |
27. |
Approve
grant applications/awards submitted by District Attorney and Health Care
Agency in 4/11/17 grant report and other actions as recommended - All
Districts |
51342 |
APPROVED
AS RECOMMENDED |
28. |
Approve
acquisition agreement with Enrique Puch and Guillermo Benitez for purchase of
property at 334 S. Jennifer Lane, Orange ($860,000); authorize Chief Real
Estate Officer or designee to sign all escrow documents, make minor
modifications under certain conditions and perform related actions; accept
Grant Deed; and authorize Auditor-Controller to make related payments -
District 3 |
34152 |
APPROVED
AS RECOMMENDED |
29. |
Approve
Fourth Amended and Restated County of Orange Board of Supervisors Policies
and Procedures for consideration and approval of proposed Public
Financings and amended Debt Management Policy - All Districts (Continued from
3/28/17, Item 33) |
B.O. |
DELETED |
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County Counsel: |
S29A. |
Authorize
County Counsel to consent to law firm of Meyers, Nave, Riback, Silver and
Wilson, PC representation of Orange County Fire Authority regarding
pension liability - All Districts |
53142 |
APPROVED
AS RECOMMENDED |
S29B. |
Approve
amendments to Rules of Procedure to delete cumulative total time limits for
public comments, add time for public speakers who utilize translators and
clarify existing prohibition on signs, posters, banners and other hazardous
objects in Board Room, effective immediately - All Districts |
41352 |
APPROVED
AS RECOMMENDED |
S29C. |
Chairwoman Steel - Acting
as the Orange County Housing Authority - Housing and Community
Development Commission - Appoint James R. Fisler, Costa Mesa, to complete
term ending 6/30/17 |
21345 |
APPROVED AS RECOMMENDED |
ELECTED DEPARTMENT HEADS
S29D. |
District Attorney - Approve
reallocation of position R98704 from Senior Deputy District Attorney to
Executive Manager position - All Districts |
51342 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
S29E. |
Supervisor Nelson - Orange
County Parks Commission - Appoint John Koos, Brea, for term concurrent
with 4th District Supervisor's term of office |
41352 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
S29F. |
Approve
Interagency Cost Sharing Agreement with City of Lake Forest to fund operation
of animal adoption center pilot program ($15,000); and authorize Director
or designee to execute agreement - District 5 |
52134 |
APPROVED AS RECOMMENDED |
V.
PUBLIC HEARINGS (Item 30)
OC PUBLIC WORKS
30. |
Public
Hearing to consider adopting resolution approving 2017 Weed Abatement
Program; and direct OC Public Works to report back to the Board on 8/8/17
and 7/24/18 with itemized cost reports - All Districts |
B.O. |
CLOSED PUBLIC HEARING |
54132 |
APPROVED AS RECOMMENDED |
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RESO: 17-038 |
VI.
CLOSED SESSION (Items CS-1-CS-2)
GENERAL ADMINISTRATION
CS-1. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
B.O. |
DELETED |
CS-2. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
B.O. |
HELD, NO REPORTABLE ACTION |
VII.
CEO, BOARD COMMENTS & ADJOURNMENT
COUNTY EXECUTIVE OFFICER COMMENTS:
None |
BOARD COMMENTS:
Vice Chair Do - Oral Re: Public speaker
comments regarding some members of the Board are foreigners, un-American and
don't know the content of the United States Constitution, will ask Chair of
the Board to hold a person out of order if this occurs at future Board
meetings, will ask County Counsel to look into what the Board can do to
prevent it from happening in the future, need to look at how the Board
conducts their meetings |
Chairwoman Steel - Oral Re: Upset with
public speaker comments regarding some members of the Board not understanding
the Freedom of Speech, asked County Counsel for guidance on what the Board
needs to do to prepare or stop public speakers who are out of order |
Supervisor Spitzer - Oral Re: Supervisor
Nelson led a discussion 2 years ago in Fullerton regarding how to conduct a
meeting, need to hold an open public forum Special Meeting to allow
constituents and the public to vent on issues of homelessness, agrees with
Supervisor Do that the public speaker comments were out of order |
Supervisor Bartlett - Oral Re: Shocked by
public speaker comments; meetings should be conducted with respect, common
courtesy, and proper decorum |
ADJOURNED:
12:16 P.M.
32145 |
Adjourned in memory of Lucille Cruz |
52134 |
Adjourned in memory of Dennis Junka |
21345 |
Adjourned in memory of Karen Smith and
Jonathan Martinez who are victims of the San Bernardino shooting on April 10,
2017 at North Park Elementary School; prayers and thoughts to a student who
was also a victim of the shooting and is currently hospitalized; prayers to
their families and to all families and children who are affected by this
incident |
***
KEY ***
Left Margin
Notes |
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1. = Supervisor Do |
A. = Abstained |
2. = Supervisor Steel |
X. = Excused |
3. = Supervisor Spitzer |
N. = No |
4. = Supervisor Nelson |
BO = Board Order |
5. = Supervisor Bartlett |
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ORD. = Ordinance |
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RESO. = Resolution |
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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 |