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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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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
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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, gave the invocation
PLEDGE OF ALLEGIANCE: Vice Chair Do, led the assembly in the Pledge
of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Chairwoman Steel presented a resolution
proclaiming September as "Prostate Cancer Awareness Month" |
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Chairwoman Steel presented a resolution
proclaiming September as "Hunger Action Month" |
II.
PUBLIC COMMENTS
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Councilwoman Kris Murray - Oral Re: Supports S35A; expressed her appreciation
and supports Orange County's efforts to serve the homeless and to protect the
health and safety of neighborhoods; year-round shelter Bridges at Kraemer
Place; proposing model Operation Home Safe at 9/12/17 City of Anaheim City
Council meeting; crisis in homeless
encampments at the riverbed; partnership of County and Cities to address
homelessness and to restore public safety to all communities |
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Steve Rocco - Oral Re: Race relations in Orange County; statue in
front of Santa Ana Library and mural on Fairview; flag at the Discovery
Center; Kim Pham and others killed; ran for Orange County Board of
Supervisors, District 1 against Janet Nguyen;
killing the homeless at the Santa Ana River |
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Michael
Klubnikin - Oral Re: Organized crime
of the Board of Supervisors; The Tseglins; failure to oversee the Public
Defender; Probate court; real estate and tax fraud |
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Lynda
Schultz - Oral Re: Homeless; pilot
program proposal to eliminate homelessness for the State and nationwide;
shipping containers for homeless on County land |
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Adrienne Gomez - Oral Re: Resident at Courtyard; homeless concerns
with the Courtyard and its staff |
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Dee Moe - Oral Re: Homeless encampments at the riverbed; wants
to know the plan to address homeless at the riverbed and the well being of
all citizens |
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Kimberly Sandoval - Oral Re: Services provided at the Courtyard;
Courtyard staff denies service to non-residents of the Courtyard; staff are
verbally abusive and are not medically able to take care of individuals at
the Courtyard; speak to the homeless community to find out how to help them |
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Morgan Denges - Oral Re: Homeless advocate; interim and long term
solutions to address homelessness; speak to the homeless community and listen
to their concerns |
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Wes Jones - Oral Re: City of Anaheim resident; lack of restrooms
at homeless encampments are not only a public health risk to homeless but
also to those who use the riverbed and to all constituents; diseases caused
by exposure to raw sewage; hand washing stations, hepatitis vaccinations |
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Dwight Smith - Oral Re: OC Catholic Worker; Hepatitis A victims in
San Diego are moving north; raw sewage along the riverbed |
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Jordan Hoiberg - Oral Re: Reconsider the proposal to renew the
Midnight Mission's contract; abuse by guards and arbitrary evictions at the
Courtyard; suggested the County put pressure on the Midnight Mission to
review their hiring practices and to institute an overview of those that are
hired; put pressure on the Midnight Mission to codify what constitutes an
eviction; riverbed sanitation, hand washing stations, restrooms and raw
sewage |
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Kimberly O'Neill - Oral Re: Unresolved homeless issues on the riverbed;
homeless living in the community, riverbed and at the Courtyard; work with
other cities to address and find solutions for the homeless |
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Mohammed Aly - Oral Re: Supervisor Do's comments regarding the
homeless; Midnight Mission contract; Health Care Agency letter addressing
non-potable water of the homeless; staff members at the Courtyard acting as
security guards; sexual assaults and rape at the Courtyard; meals provided to
the homeless at the Courtyard; suggests extending contract with the Midnight
Mission for a few months to investigate matters at the Courtyard |
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Mike Robbins - Oral Re: Homeless issues; rights of and respect for
the homeless |
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Lou Noble - Oral Re: Opposes Agenda Item #26; homeless at the
courtyard; staff at the Courtyard working as security are ex-cons; asked if
Orange County is ready to handle a catastrophic situation; sanitation of the
homeless at the riverbed |
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Jeanine Robbins - Oral Re: Rise in the spread of hate speech directed
at the homeless population; residents at a meeting in Anaheim called for the
killing of homeless in order to take their city back; leaders perpetuate lies about the homeless
within their community; toured the Courtyard on 7/1/17 and washers were not
operational; no assistance available for disabled residents at the Courtyard |
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Matthew Allen - Oral Re: Homeless since 2002; resident of the
Courtyard since May 2017; Courtyard staff deal with individuals who don't
want to follow rules; everyone needs to work together to address homelessness |
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Adam Hopper - Oral Re: Lost his job, lived in his car and is now
a resident of the Courtyard; freelance design worker; roll-outs, space and
staff at the Courtyard; no area to have private phone conversations at the
Courtyard |
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Sandra Garcia Torres - Oral Re: Courtyard resident; recovering addict ;
appreciates and thanked Doris Starling of the Midnight Mission and the staff
at the Courtyard for the services provided to her |
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Rally Guide - Oral Re: Nurse; taken to Bulgaria against her will
by her husband 13 years ago; thanked Doris Starling of the Midnight Mission
and staff at the Courtyard; supports
Agenda Item #26 |
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Randy Arguelles - Oral Re: Courtyard resident; appreciates the help
and services provided by Doris Starling of the Midnight Mission and staff at
the Courtyard; supports Agenda Item #26 |
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James Brown - Oral Re: Courtyard resident; supports Agenda Item
#26; disgruntled individuals at the Courtyard don't like to follow rules;
appreciates Doris Starling of the Midnight Mission and staff at the Courtyard |
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Debra Moore - Oral Re: Courtyard resident; appreciates the
assistance provided by staff at the
Courtyard; supports Agenda Item #26 |
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John Rhodes - Oral Re: Courtyard resident; not aware of sexual
abuse or mistreatment at the Courtyard; appreciates Doris Starling of the
Midnight Mission and staff at the Courtyard |
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Sister Louise Micek - Oral Re: Sisters of St. Joseph; requests support of
every human being and those in need; has worked with the homeless for over 20
years; restrooms and sanitation at the riverbed; would like to see homeless on committees to
address and express their concerns |
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Bryan
Kaye - Oral Re: Mental illness;
violation of civil rights and placed on a do not assist list; submitted
report of Orange County Jail and Mental Health System; arrested due to
filing complaint with the Orange County Board of Supervisors regarding
Sheriff, Public Defender, District Attorney and Police violation of fraud and
forgery |
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Sarah Gregory - Oral Re: Legal Aid Society; concerns with Agenda
Item S35A and enforcement of nuisance laws; commit funding to affordable
housing |
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Ilya
Tseglin - Oral Re: Nate Tseglin;
administered drugs against his will; inappropriate use of drugs for
Asperger's Syndrome; corrupted judges; Public Defender; Social Services |
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Robert Tseglin - Oral Re: Nate Tseglin kidnapped by police, placed in
hospital and group home; OC Regional Center; habeas corpus and
conservatorship; abuse and psychotropic drugs; medical records; judges need
to be more proactive |
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Donna Carlton - Oral Re: Homeless issues; Midnight Mission doing
good work for the people at the Courtyard; everyone needs to come together to
help the homeless |
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Mike Arnold - Oral Re: President and CEO of the Midnight
Mission; thanked the Board for taking
on the Courtyard; locating housing for the homeless will take time |
III.
CONSENT CALENDAR (Items 1-17)
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43152 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 14 WHICH WAS DELETED; AND ITEM
2 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Supervisor Bartlett - Emergency
Medical Care Committee - Reappoint Michael Steven Ritter, MD, FAAEM,
FACEP, Mission Viejo, for term ending 6/30/19 |
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2. |
Supervisor Spitzer - Campaign
Finance and Ethics Commission - Appoint the Honorable Judge Tam
Nomoto-Schumann, Irvine, to the Campaign Finance and Ethics Commission (Term
of office to be determined) |
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35142 |
APPROVED AS RECOMMENDED |
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Vice Chair Do: |
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3. |
John
Wayne Airport Arts Commission - Reappoint John Acosta, Anaheim, for term
concurrent with 1st District Supervisor's term of office |
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4. |
Assessment
Appeals Board No. 5 - Reappoint Scott Weimer, Garden Grove, for term ending
9/6/20 |
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5. |
Senior
Citizens Advisory Council - Appoint Dr. Denise Habjan, DDS, Irvine, to
complete term ending 12/31/18 |
ELECTED DEPARTMENT HEADS
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6. |
Auditor-Controller - Adopt
resolution and attachment 1 to resolution approving property tax rates for
FY 2017-18 - All Districts |
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RESO: 17-107 |
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7. |
Sheriff-Coroner - Accept
grant award from State Office of Traffic Safety Selective Traffic
Enforcement Program, 10/1/17 - 9/30/18 ($521,308); and authorize
Sheriff-Coroner to execute grant award agreement - All Districts |
CHILD SUPPORT SERVICES
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8. |
Approve
Plan of Cooperation agreement with California Department of Child Support
Services for administration of Title IV-D Program services, 10/1/17 -
9/30/18; and authorize Director or designee to execute agreement - All
Districts |
OC COMMUNITY RESOURCES
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9. |
Approve
Memorandum of Understanding with City of Huntington Beach for installation
and maintenance of marina trash skimmers in Huntington Harbour; authorize
a one-time payment of up to $12,186.25 to City of Huntington Beach, as a
portion of 25% match required for the Orange County Transportation Authority
grant award; authorize OC Parks Director or designee to make non-material
amendments under certain conditions; and make California Environmental
Quality Act and other findings - District 2 |
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10. |
Approve
funding agreement with Newport Bay Naturalists and Friends for wayfinding and
interpretive signage project, Upper Newport Bay Nature Preserve, one-year
term ($60,000); and make California Environmental Quality Act and other
findings - District 2 |
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11. |
Approve
agreement 17-28-0057-EEDS with Orange County Asian and Pacific Islander
Community Alliance, Inc. for employment and training services, 9/12/17 -
6/30/18 ($216,000); and authorize Director or designee to execute agreement
and exercise cost contingency increase not to exceed 10% under certain
conditions - All Districts |
OC PUBLIC WORKS
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12. |
Approve
plans and specifications and set bid opening for 1/10/18, 2:00 p.m., for Zone
1-Phase D Mass Excavation and Liner Project, Prima Deshecha Landfill -
District 5 |
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13. |
Approve
plans and specifications and set bid opening for 10/11/17, 2:00 p.m., for
signage production and installation services; and make California
Environmental Quality Act and other findings - All Districts |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
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14. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for John Wayne Airport - All Districts |
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43152 |
DELETED |
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15. |
Approve
initial Conflict of Interest Code and Designated Filer Exhibits for Campaign
Finance and Ethics Commission - All Districts |
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County
Executive Office: |
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16. |
Receive
and file charitable organizations actual income/expenses for 2016 and planned
activities for 2017; and find that the Charitable Organization Activities
Plan 2017, per Government Code Section 26227 will serve public purpose and is
deemed to be necessary to meet the social needs of the population of the
County and staff may solicit donations of funds and services for such events
- All Districts |
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17. |
Approve
Interim Use Lease agreement with R&S Soil Products, Inc. for 31 acres at
former Marine Corps Air Station El Toro, Irvine; five year term,
($276,000 annually) subject to 90-day termination clause; authorize Chief
Real Estate Officer or designee to execute lease and all related documents;
and make California Environmental Quality Act and other findings - District 3 |
END OF
CONSENT CALENDAR
IV.
DISCUSSION ITEMS (Items 18-S35B)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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18. |
Approve
amendment 3 to agreement MA-060-16010497 with PVP Communications Inc. for
motorcycle helmet communications equipment, 11/16/17 - 11/15/18 ($136,500;
cumulative total $277,000); renewable for two additional one-year terms; and
authorize County Procurement Officer or authorized Deputy to execute
amendment - All Districts |
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34152 |
APPROVED
AS RECOMMENDED |
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19. |
Approve
agreement MA-060-18010198 with Sidepath, Inc. to purchase EMC enterprise
storage equipment including servers, storage, related peripherals and
services, term ending 3/31/20 ($7,500,000); renewable for three additional
one-year terms; and authorize County Procurement Officer or authorized Deputy
to execute agreement under certain conditions - All Districts |
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15342 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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20. |
Approve
master agreement with various licensed clinical providers of professional
services, 9/29/17 - 9/28/18 ($3,571,766); and authorize Director or
designee to execute individual agreements - All Districts |
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52134 |
APPROVED AS RECOMMENDED |
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21. |
Approve
amendment 2 to agreement MA-042-16010084 with ImageTrend, Inc. for software
maintenance and data base hosting services, 11/1/17 - 10/31/18 ($165,017;
cumulative total $495,051); and authorize County Procurement Officer or authorized
Deputy to execute amendment - All Districts |
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51342 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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22. |
Consider
first reading of "An Ordinance of the County of Orange, California
Amending Sections 4-1-23 and 4-1-95 of the Codified Ordinances of the
County of Orange to Amend the Definitions Applicable to Potentially
Aggressive Dogs in the County and Make Various Other Amendments to Facilitate
the Implementation of Safety Restrictions on Such Dogs"; and set second
reading and adoption for 9/26/17, 9:30
a.m. - All Districts (Continued first reading from 8/22/17, Item 39) |
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B.O. |
CONTINUED TO 9/26/17, 9:30 A.M. |
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23. |
Consider
second reading and adoption of "An Ordinance of the County of Orange,
California Amending Sections 4-1-3, 4-1-48, and 4-1-59 of the Codified
Ordinances of the County to Amend the Definitions Applicable to Barking Dog
Complaints to Include Animal Nuisance and Make Various Other Amendments to
the Barking Dog Complaint and Citation Process and Criminal Citation Process
Pertaining to Barking Dogs" - All Districts (Continued from 8/22/17,
Item 36) |
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53142 |
APPROVED AS RECOMMENDED |
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ORD: 17-008 |
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24. |
Approve
selection of providers and agreements 17-28-0021DV with Human Options, Inc.
($473,345), 17-28-0023DV with Interval House ($719,786), 17-28-0022DV
with Laura's House ($515,244) and 17-28-0024DV with Women's Transitional
Living Center, Inc. ($625,967) for Domestic Violence Shelter-Based Program
services, 10/1/17 - 6/30/20; renewable for two additional one-year terms; and
authorize Director or designee to execute agreements and exercise cost
contingency increase not to exceed 10% under certain conditions - All
Districts 1, 2, 3 and 4 |
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14352 |
APPROVED AS RECOMMENDED |
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25. |
Approve
selection of agreements 17-28-0002-DRPA with Orange County Human Relations
Council, ($825,000), 17-28-0001-DRPA with Community Service Programs,
Inc. ($550,000), 17-28-0008-DRPA with Chapman University ($275,000) for
dispute resolution services, 10/1/17 - 6/30/20; renewable for two additional
one-year terms; and authorize Director or designee to execute agreements and
exercise cost contingency increase not to exceed 10% under certain conditions
- Districts 1, 2, 3 and 4 |
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B.O. |
CONTINUED TO 9/26/17, 9:30 A.M. |
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26. |
Approve
renewal of operator agreement 17-23-0036-PS with The Midnight Mission for
homeless shelter and coordination services at 400 W. Santa Ana Blvd,
Santa Ana, 10/1/17 - 9/30/18 ($1,650,000); option to renew for an additional
year; authorize Director or designee to execute agreement and additional
non-substantive documents and immaterial contract modifications under certain
conditions; and make California Environmental Quality Act and other findings
- District 1 |
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13452 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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27. |
Approve
agreement MA-080-18010124 with Action Research for Stormwater Education and
Outreach Campaign services, 11/9/17 - 11/8/18 ($500,000) renewable for
four additional one-year terms; authorize County Procurement Officer or
authorized Deputy to execute agreement and renewals for second and third
years; and make California Environmental Quality Act and other findings - All
Districts |
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13452 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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28. |
County Counsel - Select
Stradling Yocca Carlson & Rauth, P.C. as primary and Fox Rothschild, LLP
as secondary to provide legal services on as needed basis for bankruptcy
advisory and litigation services; and authorize County Counsel or designee to
execute agreements - All Districts |
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31452 |
APPROVED AS RECOMMENDED |
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County
Executive Office: |
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29. |
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 Bonds 2005 Series A; approve selection of and agreements
with Fieldman, Rolapp & Associates, Inc. as municipal advisor ($61,000)
and with Stradling Yocca Carlson & Rauth as bond and disclosure counsel
($65,000), effective upon execution for two years, renewable for one
additional one-year term; and select Stifel Nicolaus & Company as
underwriter; and authorize Public Finance Director to execute agreements;
Acting as the Legislative Body of Assessment District No. 01-1 Newport Coast
Phase IV - Approve in concept proposed refunding of Assessment District No.
01-1 Newport Coast Phase IV Limited Obligation Improvement Bonds, Fixed Rate
Series 2003 B; Assessment District No. 01-1 Limited Obligation Improvement
Bonds, Group One; Assessment District No. 01-1 Limited Obligation Improvement
Bonds, Group Two; and Assessment District No. 01-1 Limited Obligation
Improvement Bonds, Group Three; approve selection of and agreements with
Fieldman, Rolapp & Associates, Inc. as municipal advisor ($61,000) and
with Norton Rose Fulbright US LLP as bond and disclosure counsel ($75,000),
effective upon execution for two years, renewable for one additional one-year
term; and select Piper Jaffray & Company as underwriter; and authorize
Public Finance Director to execute agreements - Districts 2 and 5 (Continued
from 8/22/17, Item 50 originally continued to 10/17/17) |
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52134 |
APPROVED
AS RECOMMENDED |
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30. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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51342 |
APPROVED
AS RECOMMENDED |
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31. |
Authorize
formal negotiations with Association of Orange County Deputy Sheriffs for
Workers’ Compensation Carve-Out for use of Independent Medical Examiners -
All Districts |
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15342 |
APPROVED
AS RECOMMENDED |
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32. |
Approve
amendment 2 to agreement MA-017-15010253 with Platinum Advisors, LLC for
Sacramento Legislative Advocacy services, 10/1/17 - 9/30/18 ($276,000;
cumulative total $1,104,000); and authorize County Procurement Officer or
authorized Deputy to execute amendment - All Districts (Continued from
8/22/17, Item 49) |
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15342 |
APPROVED
AS RECOMMENDED |
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33. |
Approve
grant applications/awards submitted by District Attorney and Sheriff-Coroner
in 9/12/17 grant report and other actions as recommended; adopt
resolutions authorizing District Attorney or designee to submit and execute
grant agreements with California Department of Insurance for Disability and
Healthcare Insurance Fraud Program ($1,135,000), Disability and Healthcare
Supplemental Program ($146,490) and Life and Annuity Consumer Protection
Program ($152,475), 7/1/17 - 6/30/18; and make California Environmental
Quality Act and other findings - All Districts |
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35142 |
APPROVED
AS RECOMMENDED |
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RESO: 17-108 - 17-110 |
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34. |
Approve
proposed response to FY 2016-17 Grand Jury Report "Orange County's
Digital Data: Is it Protected from Cyber Attack" - All Districts |
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51342 |
APPROVED
AS RECOMMENDED |
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35. |
Human Resource Services - Approve
and adopt Side Letter agreements with Orange County Employees Association
for terms and conditions for select classifications - All Districts |
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13452 |
APPROVED AS RECOMMENDED |
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County
Executive Office: |
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S35A. |
Acting
as the Board of Supervisors and Orange County Flood Control District - Adopt
resolution requesting Orange County Sheriff's Department to dedicate
additional resources to the Channels, even those within incorporated cities,
convene local law enforcement agencies to develop a comprehensive county-wide
public safety response plan to criminal activities and public concerns in the
Channels, and making related findings - Districts 1, 2, 3, and 4 |
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51342 |
APPROVED
AS RECOMMENDED |
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RESO: 17-111 |
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S35B. |
Approve
proposed response to FY 2016-17 Grand Jury Report "Another Hostile Work
Environment? Orange County District
Attorney Bureau of Investigation." - All Districts |
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24135 |
APPROVED
AS RECOMMENDED |
V.
PUBLIC HEARINGS (Items 36-38)
ELECTED DEPARTMENT HEADS
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36. |
Sheriff-Coroner - Public
Hearing to consider adopting resolution approving increase in fee for
response to third and subsequent false alarms within a calendar year or
intentionally set false alarms in unincorporated areas from $85 to $96,
effective 10/1/17; and make California Environmental Quality Act and other
findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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NO ACTION TAKEN |
HEALTH CARE AGENCY
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37. |
Public
Hearing to consider adopting resolution approving Driving Under the Influence
Program Fee update, $77 effective upon Board approval and $80 effective
7/1/18; superseding and rescinding Resolution 12-159; authorizing HCA to make
an annual fee adjustment effective July 1 of each year, starting in 2019,
that increases fee by an amount not to exceed the annual percentage change in
the Consumer Price Index; direct HCA to return to the Board if any fee study
indicates that actual costs have reduced to level below revenue generated;
and making California Environmental Quality Act and other findings - All
Districts (Continued from 8/8/17, Item 27; 8/22/17, Item 56) |
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B.O. |
CONTINUED TO 9/26/17, 9:30 A.M. |
OC PUBLIC WORKS
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38. |
Public
Hearing to consider adopting resolution approving Vesting Tentative Tract Map
17341 for the Cielo Vista Project; and consider application of Final
Environmental Impact Report No. 615 and other findings - District 3 |
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B.O. |
CLOSED PUBLIC HEARING |
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34152 |
APPROVED AS RECOMMENDED |
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RESO: 17-112 |
VI.
CLOSED SESSION (Item CS-1)
GENERAL ADMINISTRATION
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CS-1. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD, NO REPORTABLE ACTION |
VII.
CEO, BOARD COMMENTS & ADJOURNMENT
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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None |
ADJOURNED:
12:46 P.M.
***
KEY ***
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Left Margin
Notes |
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1. = Supervisor Do |
A. = Abstained |
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2. = Supervisor Steel |
X. = Excused |
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3. = Supervisor Spitzer |
N. = No |
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4. = Supervisor Nelson |
BO = Board Order |
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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)
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Chair, Orange County Board of Supervisors |
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Orange County Clerk of the Board |