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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 CHAIRMAN First District |
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DONALD P. WAGNER SUPERVISOR Third District |
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DOUG CHAFFEE 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 Bartlett, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Chaffee, Fourth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Supervisor Wagner presented a resolution to
Working Wardrobes for 30 years of serving Orange County |
II. CONSENT CALENDAR (Items 1-9)
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15342 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 6 WHICH WAS CONTINUED TO 3/10/20, 9:30 A.M.; AND ITEMS 4 AND 7 WHICH
WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Chaffee: |
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1. |
Orange
County Planning Commission - Appoint Claudia Perez, Anaheim, for term
concurrent with 4th District Supervisor's term of office |
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2. |
Assessment
Appeals Board No 1 - Appoint Ryan Bushore, Anaheim, to complete term ending
9/6/20 |
ELECTED DEPARTMENT HEADS
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District
Attorney: |
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3. |
Approve
contract MA-026-20010671 with Software One, Inc. for Microsoft Unified
Support services, 3/1/20 - 2/28/21 ($313,743); and authorize County
Procurement Officer or authorized Deputy to execute contract - All Districts |
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4. |
Approve
contract MA-026-20010884 with Bode Cellmark Forensics, Inc. dba Bode
Technology for sexual assault kit DNA testing services, 3/1/20 - 9/30/20
($612,671); renewable for one additional one-year term; and authorize County
Procurement Officer or authorized Deputy to execute contract - All Districts |
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31452 |
APPROVED
AS RECOMMENDED |
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5. |
Sheriff-Coroner - Approve
Assignment and Assumption agreement for Santiago Aqueduct to Irvine Ranch
Water District for County Capacity Rights ($227,790); and make California
Environmental Quality Act and other findings - Districts 1 and 3 |
HEALTH CARE AGENCY
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6. |
Approve
designation of CSU, LLC, dba College Hospital Crisis Stabilization Unit,
Costa Mesa as facility for involuntary detention, evaluation and
treatment for 12 beds for mentally disordered persons; and direct Health Care
Agency to submit designation to State Department of Health Care Services -
District 2 |
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15342 |
CONTINUED TO 3/10/20, 9:30 A.M. |
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7. |
Approve
amended bylaws to Commission to End Homelessness adding Orange County
District Attorney to membership - All Districts |
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13452 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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8. |
Approve
Declaration of Covenants and Restrictions for portions of Harriett M. Wieder
Regional Park Habitat Restoration and Enhancement Project; and consider
application of Final EIR No. 521 and Addendum IP 16-041 and other findings -
District 2 |
GENERAL ADMINISTRATION
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9. |
County Executive Office - Approve
grant of easement to Southern California Edison Company for underground
conduit purposes at Loma Ridge Nature Preserve; approve agreement for
installation and conveyance of facilities from County to Southern California
Edison Company to memorialize transfer of concrete pad for connectivity
between Cox Communications' infrastructure; authorize Chief Real Estate
Officer or designee to execute any collateral instruments or minor changes
under certain conditions; and make California Environmental Quality Act and
other findings - District 3 |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 10-S23E)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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10. |
Approve
contract MA-060-20010309 with Standard Aero Limited for overhaul and repair
of helicopter and fixed wing aircraft components and engines, two-year
term ($2,765,000); renewable for one additional two-year term and one
additional one-year term; and authorize County Procurement Officer or
authorized Deputy to execute contract - All Districts |
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15342 |
APPROVED
AS RECOMMENDED |
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11. |
Approve
amendment 2 to renew contract MA-060-18011340 with Lexipol, LLC for online
annual policy manual development subscription, 3/15/20 - 3/14/21 ($17,350;
new total $48,850); renewable for two additional one-year terms; and
authorize County Procurement Officer or authorized Deputy to execute contract
- All Districts |
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53142 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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12. |
Approve
selection of and agreement with Charitable Ventures Orange County for early
childhood mental health consultation services, 3/15/20 - 6/30/22
($1,999,999); renewable for two additional one-year terms; authorize Director
or designee to exercise cost contingency increase not to exceed 10% under
certain conditions and execute agreement - District 2 |
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54132 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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13. |
Authorize
Director or designee to issue a Request for Proposals for Airport Concession
Development Program Phase 2, empanel a qualified group of experts to
score the responsive proposals and return to the Board with recommendations;
and make California Environmental Quality Act and other findings - District 2
(Continued from 1/14/20, Item 26; 1/28/20, Item 20) |
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25134 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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14. |
Approve
amendment 5 to contract MA-012-16011797 with The ACE Agency, Inc. for public
relations services, 4/1/20 - 3/31/21 ($300,000, cumulative total
$1,329,167); and authorize County Procurement Officer or authorized Deputy to
execute amendment - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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15. |
Approve
amendment 2 to aggregate contract MA-080-17011161 with Clean Harbors
Environmental Services, Inc., Environmental Logistics, Inc. and Ocean
Blue Environmental Services, Inc. for on-call environmental clean-up
services, 3/27/20 - 3/26/21 ($250,000; revised cumulative total $1,750,000)
and amendment 4 to subordinate contract MA-012-17011816 with Clean Harbors
Environmental Services, Inc. for on-call environmental clean-up services,
3/27/20 - 3/26/21 ($275,000; revised cumulative total $1,148,493); and
authorize County Procurement Officer or authorized Deputy to execute
amendment - All Districts |
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15342 |
APPROVED AS RECOMMENDED |
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16. |
Receive
bids and award contract CT-012-20010642 to Harry H Joh Construction Inc for
Tri-City Restrooms 1 and 2 Replacement Project, 2/11/20 - 2/10/21
($1,184,868); authorize Director or designee to execute contract under
certain conditions; authorize return of bid guarantees to all bidders upon
execution of contract - District 4 |
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41352 |
APPROVED AS RECOMMENDED |
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17. |
Approve
contract MA-080-20010978 with Ames Construction, Inc. as part of the
construction manager at-risk services for Brea Boulevard Bridge
Replacement and Corridor Enhancement Project, effective 2/11/20 ($150,000);
and authorize Director or designee to execute and amend contract under
certain conditions - District 4 |
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45132 |
APPROVED AS RECOMMENDED |
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18. |
Approve
contract MA-080-20010556 with Scheidt & Bachmann USA, Inc. for parking
access and revenue control system equipment, maintenance and repair
services, 1/28/20 - 1/27/23 ($2,523,905); renewable for two additional
one-year terms; authorize County Procurement Officer or authorized Deputy to
execute contract - Districts 1 and 3 (Continued from 1/28/20, Item 23) |
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B.O. |
CONTINUED TO 2/25/20, 9:30 A.M. |
SOCIAL SERVICES AGENCY
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19. |
Approve
amendment 1 to master agreement CML0219-A1 for Secure Continuous Remote
Alcohol Monitor Continuous Alcohol Monitoring services to add mobile
installation services, 7/1/19 - 6/30/21 ($435,200; cumulative total $935,200)
and authorize Director or designee to execute subordinate amendments under
certain conditions; approve amendment 1 to agreement CPY0319-A1 with
Avertest, LLC dba Averhealth for random drug testing services, 7/1/16 -
6/30/20 ($102,400; cumulative total $3,102,400); approve final renewal of
agreement CPS0320 with Avertest, LLC dba Averhealth for random drug testing
services, 7/1/16 - 6/30/21 ($852,400; cumulative total $3,954,800); approve
final renewal of master agreement CCB0220 for drug patch testing services,
7/1/20 - 6/30/21 ($437,400; cumulative total $2,162,700); authorize Director
or designee to execute subordinate contracts with qualified providers under
certain conditions and exercise cost contingency increase not to exceed 10%
of the contracts under certain conditions - All Districts |
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53142 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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20. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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15342 |
APPROVED
AS RECOMMENDED |
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21. |
Approve
retroactive Assignment, Novation and Consent agreement MA-017-17011319 to
transfer and assign contract from Bureau Veritas North America Inc. to APEX
Companies LLC for safety and industrial hygiene services, 7/1/19 - 2/8/22;
and authorize County Procurement Officer or authorized Deputy to execute
agreement - All Districts |
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53142 |
APPROVED
AS RECOMMENDED |
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22. |
Approve
amendment 5 to agreement MA-017-15012296 with Alquest Technologies, Inc. for
structured cabling services, effective upon Board approval through 6/30/20
($355,000; new total $955,000; cumulative total $1,455,000); and authorize
County Procurement Officer or authorized Deputy to execute amendment - All
Districts |
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53142 |
APPROVED
AS RECOMMENDED |
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23. |
Approve
grant applications/awards submitted by Sheriff-Coroner and retroactive grant
applications/awards submitted by Sheriff-Coroner in 2/11/20 grant report and
other actions as recommended - All Districts |
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51342 |
APPROVED
AS RECOMMENDED |
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S23A. |
Supervisor Wagner - Approve
addition of Anaheim Hills Elementary PTA events to FY 2019-20 County
Events Calendar and make related findings per Government Code Section 26227 |
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32145 |
APPROVED AS RECOMMENDED |
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S23B. |
County Executive Office - Approve
and adopt 2019-2023 Memorandum of Understanding with International Union
of Operating Engineers - Local 501 for Craft and Plant Engineer Unit, 6/21/19
- 6/29/23 - All Districts |
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13452 |
APPROVED AS RECOMMENDED |
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Chairwoman
Steel: |
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S23C. |
Acting
as the Orange County In-Home Supportive Services Public Authority - Orange
County In-Home Supportive Services (IHSS) Advisory Committee - Reappoint
Randolph James Farrell, Newport Beach and Sharon Kay Matson, Costa Mesa, for
terms ending 2/10/24 |
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25134 |
APPROVED
AS RECOMMENDED |
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S23D. |
Orange
County Cemetery District - Reappoint Kelly Ann Rivers, Huntington Beach, to
complete term ending 1/1/24 |
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25134 |
APPROVED
AS RECOMMENDED |
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S23E. |
Clerk of the Board - Approve
2020 Chairwoman's appointments of Board Members to various Boards,
Commissions and Committees; and adopt California Form 806 - Agency Report of
Public Official Appointments - All Districts |
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23145 |
APPROVED AS AMENDED REMOVING CHAIRWOMAN
STEEL AND ADDING SUPERVISOR CHAFFEE AS THE REGULAR MEMBER TO THE COMMISSION
TO END HOMELESSNESS; AND REMOVING ALKAMALEE (AL) JABBAR AND ADDING LASHE
RODRIGUEZ AS THE ALTERNATE BOS REPRESENTATIVE TO THE SANTA ANA RIVER FLOOD
CONTROL PROTECTION AGENCY |
IV. PUBLIC HEARINGS (Item 24)
OC PUBLIC WORKS
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24. |
Public
Hearing to consider first reading of "An Ordinance of the Board of
Supervisors of the County of Orange Granting to Torrance Pipeline Company
LLC a Franchise for the Transportation and Distribution of Refined Petroleum
Products in the County of Orange for Ten (10) Years"; and set second
reading and adoption for 2/25/20, 9:30 a.m. - District 4 |
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B.O. |
CLOSED PUBLIC HEARING |
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45132 |
APPROVED AS RECOMMENDED |
V. CLOSED SESSION (Items CS-1-SCS4)
GENERAL ADMINISTRATION
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County
Executive Office: |
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CS-1. |
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:Agency
Negotiator: Tom HatchEmployee
Organizations: Orange County Attorneys
Association (OCAA), International Union of Operating Engineers (IUOE), and
other non-represented employeesRE:
Terms and conditions of employment |
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B.O. |
DELETED |
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CS-2. |
CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
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B.O. |
CONTINUED
TO 2/25/20, 9:30 A.M. |
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County Counsel: |
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SCS3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: THE BOARD BY A UNANIMOUS
VOTE, AUTHORIZED COUNTY COUNSEL TO RETAIN THE LAW FIRM OF OLSON REMCHO LLP TO
ASSIST IN THE DEFENSE OF THE COUNTY IN A PROPERTY TAX LAWSUIT, BNSF RAILWAY
COMPANY V. ALAMEDA COUNTY, ET AL., USDC CASE NO. 4:19-CV-07230 |
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SCS4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT
WITH CELLCO PARTNERSHIP DBA VERIZON IN THE FALSE CLAIMS ACTION STATE OF
CALIFORNIA ET AL. EX REL ONTHEGO WIRELESS, LLC V. CELLCO PARTNERSHIP ET AL,
SACRAMENTO SUPERIOR COURT CASE NO. 34-2012-00127517. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO
THE FINAL APPROVAL OF OTHERS. WHEN
FINAL, COPIES OF THE SETTLEMENT AGREEMENT WILL BE MADE AVAILABLE THROUGH THE
OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES. |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Steve Rocco - Oral re: Intubation tubes
should be named "death guarantee"; Intensive Care Units main
concern is to kill patients and save money |
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Brigitte - Oral re: Most dangerous agency
in Orange County is the Public Defender |
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Darrell Ferguson - Oral re: Santa Ana
resident; no place to store recreational vehicles in Orange County; several
people living in tents at O'Neill Park; requested more parks provide a
reasonable fee to stay at parks and allow recreational vehicles |
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Samuel
Vance - Oral re: Read "Irvine's Freedom of Speech" Ordinance; would
like the ordinance to be Countywide |
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Auelino Flores - Oral re: Westminster
Resident; works for HMSHost at John Wayne Airport and earns minimum wages;
requested the Board speak to HMSHost regarding worker wages and contract
negotiations |
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Ada Tamayo - Oral re: Anaheim resident;
represents workers of UNITE HERE Local 11; requested the Board speak to
HMSHost and ask that they negotiate a fair contract with the workers at the
airport |
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Ilya Tseglin - Oral re: Individuals who
have used the system to promote hatred and racism against the public to
support their self-centered regime |
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Kristin Bracic - Oral re: Attorney from the
Office of the Orange County District Attorney and member of the Orange County
Attorney's Association; concerns with proposed OCAA Memorandum of
Understanding; attracting and retaining attorneys; salaries are not competitive
to surrounding counties; student loan debt; price of homes and cost of living
in Orange County |
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Alexandra Chindris - Oral re: Attorney at
the Office of the Public Defender; concerns with proposed OCAA Memorandum of
Understanding; attracting and retaining attorneys; salaries are not
competitive to surrounding counties |
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Bryan Kaye - Oral re: Comments of attorneys
from the Office of the Public Defender regarding proposed OCAA Memorandum of
Understanding; public courts with fair hearings |
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Caitlin Harrington - Oral re: Attorney from
the Office of the Orange County District Attorney, member of the Orange
County Attorney's Association and President of the Association of Orange
County District Attorneys; resident of Irvine; provided a history of her
career at the Office of the District Attorney; concerns with proposed OCAA
Memorandum of Understanding |
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Daniel Dahlin - Oral re: Attorney from the
Office of the Orange County District Attorney and member of the Orange County
Attorney's Association; discussed public service; provided a history of his
career; concerns with proposed OCAA Memorandum of Understanding |
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Nicholas Thomo - Oral re: Attorney from the
Office of the Orange County District Attorney and member of the Orange County
Attorney's Association; price of homes and cost of living in Orange County
and student loan debt |
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Dan Feldman - Oral re: Attorney from the
Office of the Orange County District Attorney and member of the Orange County
Attorney's Association; concerns with proposed OCAA Memorandum of
Understanding |
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Jazmine Torres - Oral re: Attorney at the
Office of the Public Defender; concerns with proposed OCAA Memorandum of
Understanding; attracting and retaining attorneys |
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Erin Lindquist - Oral re: Attorney at the
Office of the Public Defender and member of the Orange County Attorney's
Association; concerns with proposed OCAA Memorandum of Understanding; cost of
living in Orange County and student loan debt |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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Supervisor Wagner - Oral re: Thanked OC
Parks, OC Public Works and OC Waste and Recycling for the development of a
best practices plan for invasive weed and non-native pest abatement without
the use of glyphosates on County facilities used for public access and
recreation |
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Supervisor Do - Oral re: Concerns of and
misinformation regarding the Coronavirus; asked Dr. Nichole Quick, MD, County
Health Officer, Health Care Agency to provide an update of the Coronavirus
(Dr. Quick provided an update of Coronavirus at the meeting) |
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Chairwoman Steel - Oral re: Requested
County Executive Office and Human Resource Services provide information
regarding the Government Employee Loan Forgiveness Program |
ADJOURNED:
1:04 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 Wagner |
N. = No |
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4. = Supervisor Chaffee |
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 |