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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 Nelson, Fourth 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 July 16-22, 2017 as "Probation Services Week" |
II.
PUBLIC COMMENTS
Michael Klubnikin - Oral Re: Criminal
behavior of the current and former members of the Board of Supervisors,
organized crime, money laundering, sale of property without escrow, probate
code, Ilya Tseglin, Public Defender and Guardian Ad Litem |
Jeanina Cole - Oral Re: Fountain Valley
resident with homeless tent encampment on riverbed behind her home and tent
12 feet from her daughter's window, homeless threatening her and her
neighbors and police will not help |
Carol Magee - Oral Re: Fountain Valley
resident with homeless tent encampment on riverbed behind homes, law
enforcement cooperation needed, health concerns and waste going to oceans |
Paul Hyek - Oral Re: Homeless and living at
Bridges at Kraemer Place, need chemicals for chemical toilets, suggests using
vacant lot for tent people to live |
Pamela
Swartz - Oral Re: Fountain Valley resident with homeless tent encampment
behind her home, breaking into cars and theft of property |
Jennifer - Oral Re: Resident of Ladera
Ranch, opposes toll road extension of 241 by TCA using Los Patrones Parkway;
oppose any offers to convert or take by eminent domain |
Jonathan An - Oral Re: Fountain Valley
resident with homeless encampment on riverbed behind his home, increase in
crime, agencies not clear on jurisdiction, Fountain Valley police
unsupportive of homeowners and tell them not to call; contract with CityNet
does not extend to the area behind his home and wants to know how decision
was made regarding which areas of the riverbed to serve |
David Lopez - Oral Re: Opposes Orange
County Sheriff Department taking over air support from Orange County Fire
Authority; Sheriff should maintain focus on law enforcement and Fire
Authority should continue to provide air support for fire, rescue and medical
response. |
Sarah Mary Wallace - Oral Re: CityNet
services to homeless only provided bottled water, harassment and displacement
of the homeless, Fairview Development Center vacant and available to house
homeless, Alfresco Gardens |
Michele
Musacchio - Oral Re: League of Women Voters opposes change to terms of
appointments to the Campaign Finance and Ethics Commission, members
should be staggered terms as defined in the voter approved ordinance |
Daisy Ramirez - Oral Re: American Civil Liberties
Union report on conditions and abuse of inmates in Orange County Jails,
petition for Sheriff Hutchins to resign, Danny Pham death in custody, need
for independent civilian oversight body |
Mike Robbins - Oral Re: Homeless funding,
moving homeless people around causes death, using non-profits removes
oversight, no statistics showing homeless encampments contribute to crime |
Steve Rocco - Oral Re: Political
corruption, arrested by son of Albertsons CEO, home raided by District
Attorney and neighbor, cable TV show, ran for public office, mother murdered
by intubation in political hit, 7/20 anniversary |
Sheena Innocente - Oral Re: Racial
disparities in criminal justice system, deportation of juveniles, Brown Act
violations, homelessness, housing first approach and living wages |
Jordan Hoiberg - Oral Re: Riverbed homeless
encampments need portable restrooms, CityNet contract not enough to address
the issues, housing first bond proposal, urges Fountain Valley residents to
work with homeless advocates toward long term solution |
IIya Tseglin - Oral Re: Nate Tseglin
kidnapped and tortured for public profiteering, OC Regional Center,
government organized crime, public defender, corruption and genocide |
Robert Tseglin - Oral Re: Nate Tseglin kidnapped by police, judges
and writs of habeas corpus, group home confinement, psychotropic drugs, lack
of documentation and concealment of medical records |
Lou Noble - Oral Re: Constitutional rights
of homeless people, homeless need essential basic services like portable
toilets, portable showers, affordable housing |
The Cameraman - Oral Re: Mayor Tait at City
of Anaheim, homeless need restrooms and showers, camping ordinances, property
confiscated |
Nancy Tran - Oral Re: Fountain Valley
resident with homeless encampment on riverbed behind her home, homeless
stealing items from her yard, trespass and dump fecal matter in her yard,
need to raise walls to 12 feet to keep homeless from climbing over |
Bryan
Kaye - Oral Re: CityNet contract, complaint regarding incident involving
personnel, has not committed a crime, received no response from Board
offices |
III.
CONSENT CALENDAR (Items 1-8)
34152 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 1 WHICH WAS DELETED |
BOARD APPOINTMENTS
1. |
Supervisor Bartlett - Orange
County Cemetery District - Appoint Neil O'Connor, San Juan Capistrano, to
complete term ending 1/6/20 |
34152 |
DELETED |
DEPARTMENT APPOINTMENTS
2. |
Social Services Agency - Approve
amended bylaws of the Orange County Child Care and Development Planning
Council; appoint Sue DiMaria, Costa Mesa; Fredrika Kimmel Gragg, Trabuco
Canyon and Amanda Selogie, Huntington Beach; and reappoint Janet Deusenberry,
Orange; Maureen Fitzpatrick, San Clemente; Susan McClintic, Irvine; Sandra L.
Peffer-Stone, Laguna Woods and Teresa (Traci) Stubbler, Irvine for terms
ending 8/5/19 - All Districts |
ELECTED DEPARTMENT HEADS
3. |
District Attorney - Approve
amendment 1 to renew agreement MA-026-16012161 with Southern California
Private Investigators, Inc. for Real Estate Fraud Document Analyst Services,
8/1/17 - 7/31/18 ($125,000; cumulative total $250,000); and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts
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OC COMMUNITY RESOURCES
4. |
Approve
amendment 4 to small city cooperation agreement and amendment 1 to metro city
cooperation agreement with eleven small cities and two metro cities for
participation in the Urban County Program for receipt and allocation of
Federal funding for housing and community development activities for FY
2018-19 through FY 2020-21; and authorize Director or designee to execute
amendments and subsequent non-substantial and immaterial modifications if
necessary, and forward to the U.S. Department of Housing and Urban
Development - All Districts |
OC PUBLIC WORKS
5. |
Approve
items A, B, C and D of Orange County Traffic Committee Report dated 5/18/17
related to speed limits on South Bend Road, Tipu Run and Vista Del Verde,
Coto de Caza area; assign adult school crossing guard, Ladera Ranch area;
adopt necessary resolutions; and rescind a portion of Resolution 06-064 -
District 5 |
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RESO: 17-087 -
17-088 |
6. |
Approve
Final Tract Map 17598; approve Subdivision Improvement Agreement S1705-218
with CalAtlantic Group, Inc. and accept bonds guaranteeing construction;
accept dedication of easements for emergency access, public utility and
public service vehicle ingress and egress purposes; and accept vehicular
access rights to all arterial highways - District 5 |
7. |
Approve
Final Tract Map 17600; approve Subdivision Improvement Agreement S1704-217
with William Lyon Homes, Inc. and accept bonds guaranteeing construction;
accept dedication of easement for emergency access, public utility and public
service vehicle ingress and egress purposes; and accept vehicular access
rights to F Street - District 5 |
GENERAL ADMINISTRATION
8. |
County Executive Office - Approve
amendment 1 to five year leases with Joseph M. D'Angelo for cafe space at
301 The City Drive, Orange ($72,000; cumulative total $360,000) and 12 Civic
Center Plaza, Santa Ana ($24,000; cumulative total $120,000); and make
California Environmental Quality Act and other findings - Districts 1 and 3 |
END OF
CONSENT CALENDAR
IV.
DISCUSSION ITEMS (Items 9-S24B)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
9. |
Approve
agreement MA-060-17012119 with Motorola Inc. for replacement of obsolete
radio equipment in the 800 MHz Countywide Coordinated Communication
Systems upgrade project, 7/26/17 - 7/25/22 ($25,444,348); and authorize
Sheriff-Coroner or designee to execute agreement - All Districts |
31452 |
APPROVED
AS RECOMMENDED; DIRECTED COUNTY EXECUTIVE OFFICE TO NOTIFY THE 800MHZ
GOVERNING BOARD THAT THE BOARD OF SUPERVISORS RECOMMEND AN AUDIT OF THE
PROGRAM BE CONDUCTED EITHER THROUGH THE AUDITOR-CONTROLLER INTERNAL AUDIT OR
BY AN INDEPENDENT AUDIT FIRM; AND DIRECTED COUNTY EXECUTIVE OFFICE TO WORK
WITH SHERIFF DEPARTMENT TO PROVIDE IN WRITING THE OUTCOME OF THE GOVERNING
BOARD'S ACTIONS |
10. |
Receive
and file status report and approve termination of local emergency related to
Theo Lacy Facility, H Barracks West for unrepairable drain and plumbing
system issues - District 3 (4/5 vote of the members present) (Continued from
5/23/17, Item S72B; 6/6/17, Item 31; 6/13/17, Item 2; 6/27/17, Item 50;
7/11/17, Item 23) |
31452 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
11. |
Approve
amendment 2 to agreement with Correctional Managed Care Medical Corporation
for physician services for Correctional Health Services program,
effective 8/1/17 ($1,437,930; new total $4,713,494); and authorize Director
or designee to exercise cost contingency increase not to exceed 10% under
certain conditions and execute amendment - All Districts |
35142 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
12. |
Approve
agreement MA-280-17012195 with Frasca & Associates, LLC for financial
analysis and planning services, 8/1/17 - 7/31/20 ($175,000); renewable
for two additional one-year terms; authorize County Procurement Officer or
authorized Deputy to execute agreement; and make California Environmental
Quality Act and other findings - District 2 |
23145 |
APPROVED AS RECOMMENDED |
13. |
Approve
amendments to 1985 Settlement Agreement and to Phase 2 Commercial Airline
Access Plan and Regulation to modify definition of commuter air carrier
as Class E aircraft regularly configured with not more than seventy-six
seats; and consider application of Final Environmental Impact Report No. 617
and other findings - District 2 (Continued from 6/27/17, Item 58; 7/11/17,
Item 25) |
B.O. |
DELETED |
OC COMMUNITY RESOURCES
14. |
Approve
amendment 5 to renew agreement MA-012-14011932 with HAPPY Software, Inc. for
Housing Pro Software maintenance and support services, 9/1/17 - 8/31/18
($64,045; cumulative total $437,322) renewable for one additional one-year
term; authorize County Procurement Officer or authorized Deputy to execute
amendment; and authorize Director or designee to exercise cost contingency increase
not to exceed 10% under certain conditions - All Districts |
52134 |
APPROVED AS RECOMMENDED |
15. |
Approve
amendment 4 to renew agreement MA-012-14010167 with United Site Services of
California, Inc. for portable toilet rental and services, 9/1/17 -
8/31/18 ($157,000; cumulative total $881,000); and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts |
54132 |
APPROVED AS RECOMMENDED |
16. |
Approve
amendment 3 to agreement MA-012-16010217 with West Coast Arborists, Inc. for
tree maintenance services, 9/1/17 - 8/31/18 ($1,500,000; for a cumulative
total $4,500,000); and authorize County Procurement Officer or authorized
Deputy to execute amendment - All Districts |
45132 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
17. |
Approve
amendment 2 to agreement MA-080-15011293 with Climatec, LLC. for physical
security and access control services ($2,000,000; new total $4,000,000);
and authorize County Procurement Officer or authorized Deputy to execute
amendment - All Districts |
45132 |
APPROVED AS RECOMMENDED |
18. |
Approve
agreements MA-080-17011783 with Mariposa Landscapes, Inc. and West Coast
Arborists, Inc. for tree trimming, pruning and removal and arborist
services on an as-needed basis, three-year term (aggregate total $5,000,000),
with option to renew for two additional one-year terms; authorize County
Procurement Officer or authorized Deputy to execute agreements; and make
California Environmental Quality Act and other findings - All Districts |
42135 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
19. |
Approve
amendment 4 to agreement MA-299-14010260 with Adam's Falconry Service,
Airstrike Bird Control, Inc. and Avian Entertainment, LLC for bird
abatement services, 9/20/17 - 9/19/18 ($295,000; cumulative total
$1,815,000); and authorize County Procurement Officer or authorized Deputy to
execute amendment - Districts 3, 4, and 5
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54132 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES AGENCY
20. |
Approve
agreement MA-063-17011318 with Binti, Inc. for web application for Resource
Family Approval program, 8/1/17 - 7/31/20 ($450,000); renewable for two
additional one-year terms; and authorize County Procurement Officer or
authorized Deputy to execute agreement - All Districts |
45132 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
21. |
Chairwoman Steel and Vice Chair Do - Consider
second reading and adoption of "An Ordinance of the County of
Orange, California Amending Sections 4-11-11 and 4-11-12 of the Codified
Ordinances of the County of Orange Regarding the Orange County Health
Authority" |
12345 |
ON THE MOTION OF VICE CHAIR DO, SECONDED BY
CHAIRWOMAN STEEL, THE BOARD, ON A VOTE OF 3 TO 2, SUPERVISOR SPITZER AND
SUPERVISOR BARTLETT VOTING NO, APPROVED THE ORDINANCE WITH AMENDED EFFECTIVE
DATE OF JANUARY 1, 2018 AND DIRECTED THE REVISED ORDINANCE BE PLACED ON THE
8/8/17, 9:30 A.M. AGENDA FOR SECOND READING AND ADOPTION |
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County
Executive Office: |
22. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
52134 |
APPROVED
AS RECOMMENDED WITH SUPERVISOR SPITZER VOTING NO ON OPPOSING SB4 |
23. |
Approve
grant applications/awards submitted by Health Care Agency in 7/25/17 grants
report and other actions as recommended - All Districts |
54132 |
APPROVED
AS RECOMMENDED |
24. |
Ratify
amendment 3 to lease agreement with Leland W. Geiler II for office space for
Health Care Agency at 5 Mareblu, Aliso Viejo, retroactive to 7/1/17 -
6/30/24; and authorize Chief Real Estate Officer or designee to execute
subsequent lease amendments for non-monetary and/or monetary changes under
certain conditions - District 5 |
54132 |
APPROVED
AS RECOMMENDED |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
S24A. |
Approve
agreement MA-060-18010134 with Motorola Inc. for programming all subscriber
equipment with re-banded channels in the 800 MHz Countywide Coordinated
Communication System, 7/26/17 - 7/25/22 ($4,140,000); and authorize
Sheriff-Coroner or designee to execute agreement - All Districts |
34152 |
APPROVED
AS RECOMMENDED |
S24B. |
Approve
Memorandum of Understanding with Orange County Fire Authority for search and
rescue coordination services; and authorize Sheriff-Coroner or designee to
execute MOU - All Districts |
B.O. |
CONTINUED
TO 8/8/17, 9:30 A.M. |
V.
PUBLIC HEARINGS (None)
VI.
CLOSED SESSION (Items CS-1-SCS6)
GENERAL ADMINISTRATION
CS-1. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1):Name of Cases:
Steve Castillo v. County of Orange Code Enforcement, Orange County
Superior Court Case No. 30-2014-00763116; Appellate Case No.
30-2015-00787443; Diane Le v. County of Orange Code Enforcement, Orange
County Superior Court Case No. 30-2014-00763184; Appellate Case No.
30-2015-00787645; Thanh Le v. County of Orange Code Enforcement, Orange
County Superior Court Case No. 30-2014-00763189; Appellate Case No.
30-2015-00787649(Continued from 7/11/17, Item SCS5) |
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 |
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County Counsel: |
SCS3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD,
COUNTY COUNSEL READ: THE BOARD WITH A
VOTE OF 4 TO 0, SUPERVISORS STEEL, SPITZER, NELSON AND BARTLETT VOTING IN
FAVOR AND SUPERVISOR DO BEING ABSENT, APPROVED A PROPOSED SETTLEMENT IN THE
CASE OF W.A. RASIC CONSTRUCTION CO., INC. V. ORANGE COUNTY FLOOD CONTROL
DISTRICT AND THE COUNTY OF ORANGE. THE
PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT BECOMES
FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF COUNTY COUNSEL TO ANY
PERSON WHO INQUIRES. |
SCS4. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(d)(2): |
B.O. |
HELD,
NO REPORTABLE ACTION |
SCS5. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION -Pursuant to Government Code
Section 54956.9(d)(1): |
B.O. |
HELD,
NO REPORTABLE ACTION |
SCS6. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -Pursuant to Government Code
Section 54956.9(d)(2): |
B.O. |
HELD,
NO REPORTABLE ACTION |
VII.
CEO, BOARD COMMENTS & ADJOURNMENT
COUNTY EXECUTIVE OFFICER COMMENTS:
None |
BOARD COMMENTS:
Supervisor Spitzer - Oral Re: Letter
alleging conflict of interest to consider closed session items and AB895
allowing electronic filing of campaign documents and whether Registrar of
Voters will eliminate paper filing |
ADJOURNED:
12:46 P.M.
52134 |
Adjourned in memory of Captain Sean
"Puffin" Elliott |
32145 |
Adjourned in memory of Margaret Barker |
21345 |
Adjourned in memory of Jim Kanno |
***
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 |