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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 Bartlett, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Nelson, Fourth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Chairwoman Steel presented a resolution to
Barry Rondinella and John Wayne Airport staff, in recognition of John Wayne
Airport being awarded the J.D. Power Award for Best Large Airport in the 2017
North America Airport Satisfaction Survey |
Vice
Chair Do presented a resolution to Viet Bao for Writing on America Award, a
writing program that started in 2000 sharing the stories of Vietnamese
Americans who came to this country and achieved their American Dream |
Chairwoman Steel presented a resolution to
our local agencies and other community members for their efforts during
Canyon Fire 2 |
II.
PUBLIC COMMENTS
Jeff
Alter, Randy Hild, Mayor Debra Lewis, James Lenthall, Don Hansen, Jim Miller,
Keenan Hicks, Donna Kalez, Noah Blom, Jee Shin, Sherman Stacey, Bryon
Ward, Glenn Brumage, Leilani Serrao-Baker, Jon Eschleman, Chris Bauma, Pat
O'Connell, Randey Draper, Lindsay Parton, Steven Carpenter, Robert Mardian,
Anne Eubanks - Oral Re: Agenda Item 38 (Dana Point Harbor Revitalization) |
Michael Klubnikin - Oral Re: Attorney General
complaint; Bob Citron and County bankruptcy; Real Estate fraud; tax
fraud; opposes Agenda Item S38A and CS-1 (appointment of Adrienne Heckman);
sale of beach home |
Justin Samson - Oral Re: Conditions of the
Santa Ana Riverbed, Plaza of the Flags, and the various homeless encampments
in Orange County; Homeless Memorial Day is on December 21, 2017; wondering if
the Board will recognize December 21 as Homeless Memorial Day; homeless
concerns and County budget; County in 8th year of 10-year plan to end
homelessness; Board needs to take responsibility for homeless issues; funding
affordable housing for the homeless |
Kimberly O'Neill - Oral Re: Homeless
issues; fights for homeless rights; news outlets reported individual who came
to schools with tainted PVC pipes; Congressman Ed Royce gets money from gun
lobbyists; Board Member lunch with Vice President Mike Pence; Canyon 2 Fire;
Hepatitis A outbreak |
Norris Nguyen - Oral Re: Emails; played
basketball at gym; prayed for civil leaders at church; Probation Officer;
homework to examine crime trends; graduation on February 2019 in San Diego |
Lou Noble - Oral Re: Homeless problems;
homeless sees no color or financial status; being homeless could happen to
anyone; oppression from law enforcement and depression for homeless;
solutions for the homeless; help and facilities for the homeless |
Tim Houchen - Oral Re: Formerly homeless
living in the Civic Center and now in permanent housing; started non-profit
to help the homeless; community awareness event in recognition of National
Homeless Persons Memorial Day on December 21; received proclamations from
various cities; asked the Board to recognize National Homeless Persons
Memorial Day to educate the public; help the community with homelessness
issues |
Mike Robbins - Oral Re: Governor Brown
declared a state of emergency to combat Hepatitis A outbreak; vaccinations
for the homeless at the riverbed; need restrooms at the riverbed; housing
first for wrap around services |
Jeanine Robbins - Oral Re: Supervisor
Spitzer's attendance at the City of Anaheim City Council meeting and
discretionary funds for homelessness; no follow-up for individuals after they
leave Bridges at Kraemer Place in Anaheim; armories opening in Santa Ana and
Fullerton; property on Batavia for the homeless; ADA compliance of homeless
shelters |
Jordan Hoiberg - Oral Re: Concerns with the
homeless population in Orange County; sanitation concerns due to lack of
restrooms and standing water at various encampments; Hepatitis A vaccinations
for the homeless; requests the County revisit their policy regarding easement
lean that was not issued for portable restrooms and installation of drainage
along the encampments; October 17, 2017 Santa Ana City Council meeting to
consider second reading of ordinance to ban tents; requests the Board
consider adding the housing crisis as a strategic priority in next years
budget |
Nick Berardino - Oral Re: Thanked the Board
for the resolution presented to local agencies and other community members
for their efforts during Canyon 2 Fire and provided an update of the Heroes
Hall Museum |
Tom
Dominguez - Oral Re: President of the Association of Orange County Deputy
Sheriffs (AOCDS); closed session discussion regarding workers
compensation claims filed by AOCDS members who were present during the mass
shooting event in Las Vegas and whether or not claims will be covered by the
County; AOCDS position is that the
Sheriff's Department has an expectation that sworn members take whatever
actions are necessary to preserve life or property, whatever time of day
whether on duty or off; requests the Board look at the claims closely as a whole or individually; provided a legal opinion to the Board
regarding the closed session matter. |
Bryan Kaye - Oral Re: Homelessness and
clean up of trash and debris at the riverbed; photos of wedding shoot at same
location where trash and debris was removed |
Sheena Innocente - Oral Re: Homelessness;
County needs to assist families waiting for Section 8 housing; families
paying over 30 percent of their income on housing; lack of affordable
housing; exploitation of homeless individuals |
Mohammed
Aly - Oral Re: Voice of OC published an op-ed regarding the Dana Point Harbor
Revitalization Plan; recognizing National Homeless Persons Memorial Day;
October 17, 2017 Santa Ana City Council meeting to consider second reading of
ordinance to ban tents; Hepatitis A outbreak and circulation of flyers to
prevent Hepatitis A epidemic; purchased trailer with portable restrooms which
will be parked adjacent to the riverbed |
Mark Daniels - Oral Re: Action regarding
homeless situation in Orange County; San Diego created area for homeless to
be housed while waiting for Section 8 housing or permanent housing; Utah
created area for people to get various services from the County or other
organizations; Orange County should follow lead of San Diego and Utah; locate
property to adopt Alfresco Gardens Plan |
Daisy Ramirez - Oral Re: Jails Project
Coordinator at ACLU; report provided regarding the conditions inside of the Orange County jail
system; ACLU urges Board to create an Oversight Board to investigate
allegations of abuse misconduct and negligence by the Orange County Sheriff's
Department; Inmate Welfare Expenditure Report should be audited annually and
by an independent auditor |
Kenneth Batiste -Oral Re: Coalition for the
homeless; cannot ignore the homeless situation |
III.
CONSENT CALENDAR (Items 1-21)
43152 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 10 WHICH WAS DELETED; ITEM 21 WHICH WAS CONTINUED TO 10/31/17, 9:30
AM.; AND ITEM 20 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Nelson: |
1. |
Emergency
Medical Care Committee - Reappoint Timothy Greco M.D., Fullerton, for term
ending 6/30/19 |
2. |
Buena
Park Library District Board of Trustees - Appoint Ramalingum Vurdien, Buena
Park, to complete term ending 12/4/18 |
3. |
Senior
Citizens Advisory Council - Appoint Susan Petrella, Fullerton, to complete
term ending 12/31/18 |
DEPARTMENT APPOINTMENTS
4. |
Health Care Agency - Orange
County Alcohol and Drug Advisory Board - Reappoint Margaret Fleitman,
Mission Viejo, for term ending 10/27/20; Debra Kelsey, Westminster, and
Frederick Williams, Santa Ana, for terms ending 10/28/20 - All Districts |
ELECTED DEPARTMENT HEADS
5. |
Sheriff-Coroner - Receive
and file annual Inmate and Welfare Fund Revenue and Expenditure Reports
for FY 2016-17 - All Districts |
JOHN WAYNE AIRPORT
6. |
Authorize
Director or designee to allocate regulated Class A and Class E average daily
departures, seat capacity, remain overnight positions and passenger
capacity to scheduled commercial passenger, cargo and commuter carriers under
Phase 2 Commercial Airline Access Plan and Regulation for 2018 Plan Year; and
approve related actions - District 2 |
OC PUBLIC WORKS
7. |
Approve
Final Tract Map 17813; approve Subdivision Improvement Agreement with
Magnolia Cerritos 53 LLC, and accept bonds guaranteeing construction;
accept dedication of easements for public street and public utility purposes
over lots E, F and G Cerritos Avenue, pedestrian access, and emergency
ingress and egress purposes over Lots H through L - District 4 |
8. |
Adopt
resolution vacating portions of easements for emergency and public security
ingress and egress purposes, Rancho Mission Viejo Planning Area 2
development; and make related findings - District 5 |
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RESO: 17-125 |
9. |
Approve
Grant Deed and Easement Deed from Aera Energy LLC for Valencia Avenue to
allow for County inspection and maintenance of existing street
improvements - District 4 |
10. |
Approve
Item A of Orange County Traffic Committee Report dated 7/20/17 regarding
traffic study in Rossmoor; adopt recommendation to Orange County Traffic
Committee to remove existing time period parking restrictions; adopt
Resolution rescinding Resolution No. 80-1411 that established time period
parking restrictions; and adopt the Orange County Traffic Committee Rules of
Procedure - District 2 |
43152 |
DELETED |
11. |
Adopt
May 2017 Job Order Contract Construction Task Catalog and Job Order Contract
Technical Specifications and set bid opening for 11/8/17, 2:00 p.m. for
Job Order Contracts for general contracting, painting services, asbestos
removal & decontamination services, and plumbing services; and make
California Environmental Quality Act and other findings - All Districts |
SOCIAL SERVICES AGENCY
12. |
Approve
Phase II Memorandum of Understanding (MOU) with Anaheim Workforce Development
Board to facilitate services for one-stop centers, 11/1/17 - 8/31/20; and
authorize Director or designee to execute MOU and make amendments under
certain conditions - District 4 |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
13. |
Approve
2018 Board of Supervisors regular meeting schedule - All Districts |
14. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Capistrano Unified School District - District 5 |
15. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Placentia-Yorba Linda Unified School District - Districts 3
and 4 |
16. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Yorba Linda Water District - Districts 3 and 4 |
17. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Yorba Linda Water District Financing Authority - Districts 3
and 4 |
18. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Yorba Linda Water District Public Financing Corporation -
Districts 3 and 4 |
19. |
County Executive Office - Adopt
resolution recognizing Orange County Mosquito and Vector Control District
70th Anniversary - All Districts |
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RESO: 17-126 |
20. |
Vice Chair Do - Receive
and file 23rd Annual Report on the Conditions of Children in Orange County |
15342 |
RECEIVED AND FILED |
21. |
Office of Campaign Finance and Ethics
Commission - Adopt
amended AB1234 Ethics Training Policy to transition responsibilities from
Clerk of the Board of Supervisors to Executive Director of the Campaign
Finance and Ethics Commission to maintain, track, notify and retain records -
All Districts |
43152 |
CONTINUED TO 10/31/17, 9:30 A.M. |
END OF
CONSENT CALENDAR
IV.
DISCUSSION ITEMS (Items 22-S38E)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
22. |
Receive
and file status report and approve continuance of local emergency related to
Theo Lacy Facility for repair to inoperable elevator used for public,
legal visits and emergency egress for inmates; set review to determine need
for continuing local emergency for 10/31/17, 9:30 a.m. and every regularly
scheduled meeting thereafter until terminated - District 3 (4/5 vote of the
members present) (Continued from 9/26/17, Item S46E) |
31452 |
APPROVED
AS RECOMMENDED |
23. |
Ratify
amendment 1 to agreement MA-060-15010542 with Global Tel*Link Corporation for
inmate telephone services for existing term with amendment 1, effective
6/20/16 (annual revenue reduced to $3,168,000); renew agreement 11/25/17 -
11/24/18 with option to renew for six additional one-year terms (annual
revenue $3,168,000; $22,000 reimbursement fee per month; cumulative total
$8,700,000); and authorize Sheriff-Coroner or designee to execute amendment -
All Districts |
13452 |
APPROVED
AS RECOMMENDED |
24. |
Approve
agreement MA-060-17011987 with Intoximeters Inc. for Alco-Sensor Instruments
parts and accessories, 10/22/17 - 10/21/19 ($209,982); renewable for three
additional one-year terms; and authorize County Procurement Officer or
authorized Deputy to execute agreement - All Districts |
13252 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
25. |
Adopt
resolution ratifying grant agreement D17-08-003 with State Water Resources
Control Board for Local Oversight Program, 7/1/17- 6/30/18 ($1,004,107);
authorize Director or designee to execute agreement and any subsequent
non-monetary amendments; and adopt resolution approving grant agreement with
State Water Resources Control Board for Local Oversight program, 7/1/18 - 6/30/19
and 7/1/19 - 6/30/20 ($1,004,107 per year); and authorize Director or
designee to execute agreements and amendments under certain conditions - All
Districts |
51342 |
APPROVED AS RECOMMENDED |
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RESO: 17-127 -
17-128 |
26. |
Ratify
retroactive Medi-Cal Administrative Activities/Targeted Case Management
Consortium Participation agreement for FY 2017-18 with County of Plumas
for continued participation in claiming processes for services
reimbursements; and authorize Director or designee to execute agreement - All
Districts |
51342 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
27. |
Receive
bids and award contract to Sully-Miller Contracting Company for Terminal C
Taxi Staging Area Project, 120 day term ($543,000) - District 2 |
24135 |
APPROVED AS RECOMMENDED |
28. |
Approve
amendment 7 to agreement S1000000270 with Orange County Fire Authority for
Aircraft Rescue Fire Fighting (ARFF) services, term ending 11/30/22
($26,489,759.65; cumulative total $91,105,584); authorize County Procurement
Officer or authorized Deputy to execute amendment; and make California
Environmental Quality Act and other findings - District 2 |
21345 |
APPROVED AS RECOMMENDED |
29. |
Approve
amendment 3 to renew agreement MA-280-15010355 with Sterling Energy International
Inc. for Cogeneration/Central Utility Plant Operation Services, 1/1/18 -
12/31/18 ($3,500,000; new total $8,664,731.35); renewable for one additional
year; and authorize County Procurement Officer or authorized Deputy to
execute amendment - District 2 |
21345 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
30. |
Consider
second reading and adoption 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" - All Districts
(Continued first reading from 8/22/17, Item 39; 9/12/17, Item 22; 9/26/17,
Item 29) |
21345 |
APPROVED AS RECOMMENDED (OPTION 1, STATE
LANGUAGE AMENDMENT) |
|
ORD: 17-009 |
OC PUBLIC WORKS
31. |
Ratify
contract CT-080-17010519 with Good-Men Roofing & Construction, Inc. for
Osborne Elevator Controls Replacement Project, issued on 12/14/16
($1,245,083.97); and make California Environmental Quality Act and other
findings - District 1 |
12345 |
APPROVED AS RECOMMENDED |
32. |
Acting as the Board of Supervisors and Orange
County Flood Control District - Approve
amendment 3 to renew agreement with Natures Image, Inc. for mitigation
maintenance services 12/1/17 - 11/30/18 ($400,000; cumulative total
$1,600,000) renewable for one additional year; and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts |
51342 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES AGENCY
33. |
Approve
amendment to agreement with City of Garden Grove, Child Guidance Center,
Interval House and Team of Advocates for Special Kids, Inc. for services
promoting safe and stable families; remove Boys Town California, Inc. and
replace with Child Guidance Center, Magnolia Park Family Resource Center -
District 1 |
12345 |
APPROVED AS RECOMMENDED |
34. |
Approve
master agreement CJC0717 for group home services or short term residential
therapeutic program services with qualified California licensed group
home providers, 10/18/17 - 12/31/18 (cumulative total $18,029,237); and
authorize Director or designee to execute individual agreements - All
Districts |
51342 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
35. |
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; Item heard on
9/12/17, Item 29) |
B.O. |
DELETED;
ITEM WAS HEARD ON 9/12/17, (AGENDA ITEM 29) |
36. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
15342 |
APPROVED
AS RECOMMENDED |
37. |
Approve
grant applications/awards submitted by OC Public Works, Social Services, OC
Community Resources/OC Parks, District Attorney and Sheriff-Coroner in
10/17/17 grant report and other actions as recommended; adopt resolution
authorizing District Attorney or designee to submit and execute grant
agreement and amendments with California Department of Insurance for
Automobile Insurance Fraud Program, 7/1/17 - 6/30/18 ($1,050,000); and make
California Environmental Quality Act and other findings - All Districts |
13452 |
APPROVED
AS RECOMMENDED |
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RESO: 17-129 |
38. |
Select
Dana Point Harbor Partners LLC as primary and Dana Point Partners LLC as
alternate for lease, development and management of certain portions of
Dana Point Harbor; authorize negotiation of agreements for Board approval;
and make California Environmental Quality Act and other findings - District 5 |
52134 |
APPROVED
AS RECOMMENDED |
|
County Counsel: |
S38A. |
Approve
appointment of Adrienne Heckman as an Extra Help Working Retiree
Administrative Manager III Specialty to perform the role of Supervising
Deputy County Counsel for legal services to the District Attorney-Public
Administrator pursuant to Section 7522.56 (f) of the Public Employee's Pension
Reform Act 2013 - All Districts |
31452 |
APPROVED
AS RECOMMENDED |
S38B. |
Authorize
conflict of interest waiver for Norton Rose Fulbright US LLP, appointed by
the Board as Bond and Disclosure Counsel for refunding various assessment
bonds, allow Norton Rose Fulbright US LLP to advise a company which is
involved in ongoing litigation with County on assurance that no attorneys or
personnel involved with the litigation will also be involved with the bond
matters - All Districts |
15342 |
APPROVED
AS RECOMMENDED |
ELECTED DEPARTMENT HEADS
S38C. |
Sheriff-Coroner - Receive
and file status report and approve continuance of local emergency related to
Canyon 2 Fire; and set review to determine need for continuing local
emergency for 11/14/17, 9:30 a.m. and every 30 days thereafter - All
Districts (Continued from Special Meeting 10/12/17, Item 1) |
31452 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
S38D. |
Approve
license with California Military Department for implementation of Armory
Emergency Shelter Program to shelter homeless individuals and families at
Santa Ana and Fullerton Armory Facilities, FY 2017-18 - Districts 1 and 4 |
41345 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
S38E. |
Vice Chair Do - Receive
and file update on County's efforts to address homelessness and provide
direction to staff as appropriate |
|
RECEIVED AND FILED |
V.
PUBLIC HEARINGS (None)
VI.
CLOSED SESSION (Items CS-1-SCS4)
GENERAL ADMINISTRATION
CS-1. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
B.O. |
HELD, NO REPORTABLE ACTION |
CS-2. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section
54957.6:Agency Negotiator: Brenda
DiederichsEmployee Organizations:
Association of County Law Enforcement Management (ACLEM), American
Federation of State, County and Municipal Employees (AFSCME), Association of
Orange County Deputy Sheriffs (AOCDS), International Brotherhood of
Teamsters, Local 952, In-Home Supportive Services (IHSS), International Union
of Operating Engineers (IUOE), Orange County Attorneys Association (OCAA),
Orange County Employees Association (OCEA), Orange County Managers
Association (OCMA) and other non-represented employeesRE: Terms and Conditions of Employment |
B.O. |
DELETED |
SCS3. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
B.O. |
HELD, NO REPORTABLE ACTION |
SCS4. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO
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:
None |
ADJOURNED:
1:02 P.M.
12345 |
Adjourned in memory of Joseph M. D'Angelo |
52134 |
Adjourned in memory of Denise
"Denny" Welch |
52134 |
Adjourned in memory of Colene Schwant |
52134 |
Adjourned in memory of Victor Link |
***
KEY ***
Left Margin
Notes |
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|
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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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|
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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 |