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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 |
JOHN M. W. MOORLACH
CHAIRMAN
Second District
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SHAWN
NELSON VICE CHAIRMAN Fourth
District |
JANET
NGUYEN SUPERVISOR First
District |
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BILL
CAMPBELL SUPERVISOR Third
District |
PATRICIA
BATES SUPERVISOR Fifth
District |
ATTENDANCE: Supervisors: Bates, Moorlach, Nelson & Nguyen,
EXCUSED: Supervisor
Campbell
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PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Alisa Drakodaidis,
Deputy CEO |
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COUNTY COUNSEL |
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Nicholas S.
Chrisos |
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CLERK OF THE BOARD |
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Susan Novak |
INVOCATION:
Supervisor Nelson, Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Bates, Fifth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-16)
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41352 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 5, 6, & 16 WHICH WERE PULLED FOR SEPARATE DISCUSSION |
BOARD APPOINTMENTS
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1. |
Supervisor Bates - Orange
County Historical Commission - Appoint Ronald Langer, Laguna Niguel, for
term concurrent with 5th District Supervisor's term of office |
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Supervisor
Nelson: |
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2. |
OC
Parks Commission - Appoint Paul Kott, Anaheim, for term concurrent with
4th District Supervisor's term of office |
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3. |
Orange
County Veterans Advisory Council - Appoint Ron Garcia, Brea, for term
ending 3/4/14 |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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4. |
Approve
amendment 1 to agreement MA-060-11012291 with Goodwill Industries of
Orange County for packaging food and personal care items for jail commissary
operations, term ending 5/17/12 ($39,000; new total $169,000); renew
agreement as MA-060-12011270, 5/18/12 - 5/17/13 ($169,000); renewable for
three additional one-year periods; and authorize Purchasing Agent or
authorized deputy to execute amendment and renewal agreement - All Districts |
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5. |
Approve
agreement MA-060-12011355 with Microsoft Corporation for software support
services, 5/4/12 - 5/3/13 ($68,730); and authorize Purchasing Agent or
authorized deputy to execute agreement - All Districts |
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24135 |
APPROVED
AS RECOMMENDED |
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6. |
Approve
agreement MA-060-12011223 with Computer Deductions, Inc. for Live Scan
software programming and support, 3/10/12 - 3/9/13 ($87,510); renewable for
two additional one-year periods; and authorize Purchasing Agent to execute
agreement - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
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7. |
Treasurer-Tax Collector - Approve
agreement MA-074-12011056 with Elavon, Inc. for electronic payment
acceptance and processing, term ending 5/31/15; renewable for one two-year
term without further Board action; and authorize Purchasing Agent or
authorized deputy to execute agreement - All Districts |
OC COMMUNITY RESOURCES
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8. |
Approve
Workforce Investment Act (WIA) Cost Reimbursement agreement with
California Manufacturing Technology Consulting (CMTC) to fund layoff aversion
and business expansion assistance services, 3/7/12 - 9/30/12 ($100,000);
authorize Director or designee to execute agreement and exercise a cost
contingency increase or decrease not to exceed 10% for funding level changes
and make line item budget transfers under certain conditions - All Districts |
OC PUBLIC WORKS
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9. |
Adopt
resolution initiating 2012 Weed Abatement Program; and set public hearing for
4/17/12, 9:30 a.m., to consider assessment to private property for removal of
weeds by County contractor; and make California Environmental Quality Act
findings and other declarations - All Districts |
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RESO: 12-022 |
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10. |
Approve
plans and specifications and set bid opening for 4/11/12, 2:00 p.m., for
Ethelbee Way Storm Drain project, North Tustin area; and make California
Environmental Quality Act findings - District 3 |
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11. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
agreement MA-080-12011174 with Pacific Advanced Civil Engineering, Inc.
for on-call watershed planning and engineering support services, 3/6/12 -
3/5/15 ($400,000); authorize Purchasing Agent or authorized Deputy to execute
agreement; and make California Environmental Quality Act findings - All
Districts |
OC WASTE & RECYCLING
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12. |
Approve
amended Bylaws of the Orange County Waste Management Commission changing
appointing authority for seven positions from the League of California
Cities, Orange County Division to City Selection Committee and making other
administrative changes - All Districts |
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13. |
Approve
conservation easement PM 126-47 and agreement MA-299-12011363 with The
Reserve at Rancho Mission Viejo for habitat mitigation requirements, Prima
Deshecha Landfill, 75 year term ($15,320 first year plus annual consumer
price index increases); and make California Environmental Quality Act
findings - District 5 |
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14. |
Approve
agreement MA-299-12011170 with Associated Laboratories and Weck
Laboratories, Inc. for water quality analytical services, 4/1/12 - 3/31/13
($186,750); renewable for two additional one-year periods; and authorize
Purchasing Agent or authorized deputy to execute agreement - All Districts |
GENERAL ADMINISTRATION
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County Counsel: |
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15. |
Authorize
County Counsel to execute a waiver of
potential conflict of interest and consent on specific conditions
to allow Irvine office of the law firm Buchalter Nemer, PLC to represent
Airport Working Group of Orange County, Inc., in connection with extension of
Settlement Agreement in the litigation County of Orange v. Air California -
All Districts |
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16. |
Authorize
County Counsel to execute a waiver of potential conflict of interest and
consent on specific conditions to allow Los Angeles office of the law firm
Drinker Biddle & Reath, LLP to represent County of Orange Defined
Contribution Plan in connection with the litigation in William Crutchfield v.
Great-West Life & Annuity Insurance Company et al. - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 17-S26B)
ELECTED DEPARTMENT HEADS
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District
Attorney: |
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17. |
Adopt
resolution approving extension $3.00 of recording fee on certain real estate
instruments for funding prosecution and deterrence of real estate fraud
crimes, 4/1/12 - 3/31/15; and make related findings - All Districts |
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B.O. |
CONTINUED
TO 3/20/12, 9:30 A.M. |
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18. |
Approve
lease agreement DA-11-002 with Birtcher Anderson Investors, LLC for office
space at 801 Civic Center Drive West, Santa Ana; and make California
Environmental Quality Act findings - District 1 (Continued from 12/13/11,
Item 27; 1/10/12, Item 24; 2/7/12, Item 27; 2/28/12, Item 30) |
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B.O. |
CONTINUED
TO 3/27/12, 9:30 A.M. |
HEALTH CARE AGENCY
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19. |
Adopt
resolution approving agreement 11-10684 with State Department of Public
Health for Cancer Detection Partnership services, 1/1/12 - 12/31/14
($778,678); and authorize Director or designee to execute Contractor's
Release form upon submission of final invoice - All Districts |
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54132 |
APPROVED AS RECOMMENDED |
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RESO: 12-023 |
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20. |
Approve
amendment 1 to agreement 10-95277 with State Department of Public Health
for AIDS related services, 7/1/10 - 6/30/13 ($869,172; new total $9,261,106);
and authorize Director or designee to sign Memoranda of Understanding
incorporated in amendment and Contractor's Release form upon submission of
final invoice - All Districts |
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B.O. |
CONTINUED TO 3/20/12, 9:30 A.M. |
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21. |
Approve
agreement 11-10452 with State Department of Public Health for the Women,
Infants and Children Supplemental Nutrition Program, 10/1/11 - 9/30/14
($18,487,000); and authorize Director or designee to execute Contractor's
Release form upon submission of final invoices - All Districts |
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41352 |
APPROVED AS RECOMMENDED |
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22. |
Approve
agreement 11-10303 with State Department of Public Health for Childhood
Lead Poisoning Prevention Program, 7/1/11 - 6/30/14 ($2,503,220); and
authorize Director or designee to execute Contractor's Release form upon
submission of final invoices - All Districts |
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B.O. |
CONTINUED TO 3/20/12, 9:30 A.M. |
OC COMMUNITY RESOURCES
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23. |
Approve
amendment 1 to Workforce Investment Act Master Cost Reimbursement
agreements for County Workforce Investment Board professional and training
workforce services, 7/19/11 - 6/30/13 ($2,000,000; new total $3,000,000); and
authorize Director or designee to execute amended agreement, exercise a cost
contingency increase or decrease not to exceed 10% and make line item budget
transfers - All Districts (Continued from 2/28/12, Item 38) |
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15342 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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24. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters; and adopt resolution supporting AB 1455, High
Speed Rail - All Districts |
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45132 |
APPROVED
STAFF RECOMMENDATIONS WITH AMENDMENT TO REQUEST THAT ASSEMBLY MEMBER HARKEY
MODIFY AB 1815 TO HAVE FUTURE ORANGE COUNTY BOARD OF SUPERVISORS PARTICIPATE
IN SOCIAL SECURITY |
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RESO: 12-024 |
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25. |
Approve
grant application/award submitted by District Attorney in 3/6/12 grant
report and other actions as recommended; adopt resolution authorizing
District Attorney or designee to execute grant award agreement and amendments
with State Emergency Management Agency (CalEMA) for Vertical Prosecution
Block Grant Program, term ending 6/30/12 ($8,295; new total $1,702,844) - All
Districts |
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45132 |
APPROVED
AS RECOMMENDED |
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RESO: 12-025 |
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26. |
Chairman Moorlach - Approve
appointments of Thomas Dean to the position slot to be nominated by Chair
of the Board of Supervisors and Bill Steiner to the position slot to be
nominated by the Board of Supervisors on the Oversight Board of the Successor
Agency to the Orange County Development Agency and Doug Shively, Anaheim;
Kent Forte and Don Parker, Brea; David Zenger, Buena Park; Craig Walker and
Scott Stanford, Fullerton; Supervisor Nguyen and Christy Delp, Garden Grove;
Linda Steves and Ron Shepard, La Habra; Bill Heaton and Ed Garcia, Placentia;
John Acosta and Julie Stroud, Santa Ana to the respective Oversight Boards of
the Successor Agencies to the City Redevelopment Agencies (Continued from
2/28/12, Item S51C) |
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51342 |
APPROVED RECOMMENDED ACTIONS AS MODIFIED TO
CONTINUE APPOINTMENT OF THOMAS DEAN TO ORANGE COUNTY DEVELOPMENT AGENCY
OVERSIGHT BOARD TO 3/20/12. SUPERVISOR NELSON NOTED FOR THE RECORD HE WAS
CASTING A NO VOTE FOR ALL APPOINTMENTS ON ATTACHMENT B OF A CITY COUNCIL
MEMBER, CITY PLANNING COMMISSION MEMBER OR CITY STAFF MEMBER TO THAT CITY'S
OVERSIGHT BOARD. |
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S26A. |
County Executive Office - Acting
as the Legislative Body of Community Facilities District No. 2004-1
(Ladera Ranch) - Approve amendment 2 to Acquisition, Funding and Disclosure
agreement for Series A of 2005 Special Tax Bonds; authorize Public Finance
Director to execute amended agreement; approve amendment 1 to Joint Community
Facilities agreement with State Department of Transportation; Acting as the
Board of Supervisors - Approve cooperative agreement with State Department of
Transportation for contribution for improvements on Ortega Highway
Interchange project; and approve related budget adjustments - District 5 (4/5
vote of the members present) |
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54132 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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S26B. |
Acting as the Orange County Flood Control
District - Approve
easement deeds and agreement for possession with the City of Highland for
construction of public bridge, Greenspot property, Highland; authorize
Director to execute easement deeds and agreement; and make California
Environmental Quality Act and other findings - All Districts |
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45132 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (Item 27)
OC COMMUNITY RESOURCES
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27. |
Public
Hearing to consider adopting resolution of abandonment for park parcel BE74M-101,
Laguna Beach; approve offer and agreement to purchase real property and
quitclaim deed to Jack B. Corwin ($225,000); authorize Director or designee
to execute deed; and make California Environmental Quality Act and other
findings - District 5 (unanimous vote) (Continued from 12/6/11, Item 25;
2/7/12, Item 49) |
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B.O. |
DELETED |
V. CLOSED SESSION (Items CS-1-SCS4)
GENERAL ADMINISTRATION
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County Counsel: |
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CS-1. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(a):Name of Case:
Orange County Flood Control District v. Altfillisch Construction Co.,
Riverside County Superior Court Case No. RIC 10013337 |
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B.O. |
DELETED |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(a): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A VOTE
OF 4 TO 0, SUPERVISORS MOORLACH, NELSON, NGUYEN AND BATES VOTING IN FAVOR AND
SUPERVISOR CAMPBELL BEING ABSENT, APPROVED A PROPOSED SETTLEMENT IN THE CASE
OF GEORGE JARAMILLO V. 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
CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
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SCS3. |
Human Resources Department - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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SCS4. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(b): |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD & EMAIL COMMENTS
& ADJOURNMENT
PUBLIC COMMENTS:
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Michael
Buss, Jennifer Faiz, Phil Schaefer and Ronald Salem - Oral Re: Save Santiago
Creek Alliance |
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Burl Gregory - Oral Re: Property line issue
with Santiago Oaks Park |
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Darrell Nolta - Oral Re: Appointment of HCA
Director, Eckhoff Street facilities soil contamination, Sheriff shooting of
Marine and San Onofre |
COUNTY EXECUTIVE OFFICER COMMENTS:
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Alisa Drakodaidis, Deputy CEO - Oral Re:
CalTrans began work Monday night which will impact traffic on westbound 91
through Thursday morning. Any resident questions should be referred to
CalTrans. |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Chairman Moorlach - Oral Re: Requested CEO
to work with 3rd District to respond to issue raised by Mr. Gregory during
public comments |
ADJOURNED:
1:20 P.M.
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52134 |
Adjourned in memory of Virginia Kincaid |
***
KEY ***
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Left Margin
Notes |
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1. = Supervisor Nguyen |
A. = Abstained |
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2. = Supervisor Moorlach |
X. = Excused |
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3. = Supervisor Campbell |
N. = No |
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4. = Supervisor Nelson |
BO = Board Order |
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5. = Supervisor Bates |
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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 |