Orange County board reports three closed-session settlements, including $3.5M flood-control easement

County counsel reported that the board of the County of Orange unanimously approved three closed-session settlements, including a proposed $150,000 payout in a jail medical-care lawsuit, a $3,500,000 settlement tied to a Prado Dam flood-control easement and an $800,000 offer accepted in a wrongful-death matter.

The most detailed action involves Orange County Flood Control District v. McCune Realty Investment Company. County counsel said the Flood Control District will acquire a 95,436-square-foot flow easement over property in the County of Riverside needed for the Prado Dam Santa Ana River mainstem flood-control project. Counsel reported a proposed settlement amount of $3,500,000 and described payment mechanics: a direct payment of $1,451,000 to the property owners to be encumbered from a ‘404 reserve’ account and references in the report to a total just compensation figure of $3,400,000 plus interest and $100,000 in costs. The counsel said the board authorized county counsel and outside counsel to execute necessary settlement documents and directed the audit controller to encumber and transfer funds as described.

On the jail-related matter, county counsel said the board unanimously approved a proposed $150,000 settlement in Robert McDougall v. County of Orange. Counsel said the plaintiff alleged violations of civil rights and that Correctional Health Services failed to provide adequate medical care after an altercation with another inmate at the Orange County Jail.

Counsel also reported that in Johnson Wynne v. County of Orange, plaintiffs have accepted the county’s $800,000 offer to settle. Counsel described that case as involving allegations of excessive force, wrongful death and civil-rights claims connected to an officer-involved shooting and a stolen car.

County counsel told the board that the settlements approved today will require any further approvals specified in the final agreements. Copies of the settlement agreements, counsel said, can be requested from the office of risk management (for SES 1) and the office of county counsel (for SES 2). The chair concluded the meeting and announced the next board meeting is scheduled for 9:30 a.m. on May 7.

(Attribution: statements of settlement amounts and case descriptions were reported to the board by County counsel during the closed-session report out.)