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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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LISA A. BARTLETT CHAIRWOMAN Fifth District |
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MICHELLE STEEL VICE CHAIR Second District |
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ANDREW DO SUPERVISOR First District |
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DONALD P. WAGNER SUPERVISOR Third District |
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DOUG CHAFFEE SUPERVISOR Fourth 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 Do, First 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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Chairwoman Bartlett presented a resolution
to Social Services Agency, Health Care Agency and OC Community Resources in
recognition of August 2019 as Eligibility Professionals Month |
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Vice Chair Steel presented a resolution
marking the 74th Anniversary of the National Liberation Day of Korea |
II. CONSENT CALENDAR (Items 1-9)
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12345 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 1, 8 AND 9 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Supervisor Do - Orange
County Human Relations Commission - Appoint Jennifer S. Wang, Irvine, for
term ending 8/12/21 |
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14235 |
APPROVED AS RECOMMENDED |
ELECTED DEPARTMENT HEADS
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2. |
Sheriff-Coroner - Approve
amendment 2 to contract MA-060-18011296 with Bat Jac Glass Inc. for
glazing, glass repair and replacement services, 2/6/18 - 2/5/21 ($150,000;
cumulative total $450,000); renewable for two additional one-year terms; and
authorize County Procurement Officer or authorized Deputy to execute
amendment - All Districts |
OC COMMUNITY RESOURCES
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3. |
Approve
2019 OC Public Libraries' Code of Conduct for library patrons and authorize
OC Public Libraries to implement updated Code of Conduct immediately for
all branch libraries; and authorize the County Librarian to make immaterial
changes - All Districts |
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4. |
Acting
as the Orange County Housing Authority - Authorize Orange County Housing
Authority's Executive Director or designee to enter into a Memorandum of
Agreement with Urban Institute and Social Services Agency for Supporting
Evidence Building in Child Welfare - Family Unification Program evaluation;
Acting as the Board of Supervisors - Authorize Social Services Agency's
Director or designee to enter into a Memorandum of Agreement with Urban
Institute and Orange County Housing Authority for Supporting Evidence
Building in Child Welfare - Family Unification Program evaluation, 8/14/19 -
12/31/22 - All Districts
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5. |
Acting as the Orange County Housing
Authority - Authorize
Executive Director or designee and Chairperson of the Board of
Commissioners to sign Section 8 Management Assessment Program Certification
for monitoring key areas of performance of Section 8 Housing Choice Voucher
Program, FY 2018-19 and submit to U.S. Department of Housing and Urban
Development - All Districts |
OC PUBLIC WORKS
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6. |
Certify
completion of public streets, street lights, storm drain, sewer, water,
recycled water and monumentation; adopt resolution and authorize release
of bond securities for Tract Map 17563, unincorporated Rancho Mission Viejo,
north of Chiquita Canyon Drive; and making related findings - District 5 |
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RESO: 19-076 |
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7. |
Approve
cooperative agreement with Orange County Sanitation District, Orange County
Water District and Santa Ana Watershed Project Authority for Integrated
Regional Water Management Funding in Santa Ana Funding Area; and adopt Santa
Ana Watershed Project Authority One Water One Watershed Plan - All Districts |
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8. |
Approve
final Tract Map 18194, unincorporated Rancho Mission Viejo, north of Cow Camp
Road; accept dedication of easements for emergency access, public utility
and public service vehicle ingress and egress purposes; approve subdivision
improvement agreement S1905-226 with Esencia Retail, LLC and accept bonds
guaranteeing construction - District 5 |
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53124 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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9. |
Supervisor Do - Approve
addition of 2019 First Annual VNHope Alliance Gala to FY 2019-20 County
Events Calendar and make related findings per Government Code Section 26227 |
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14235 |
APPROVED AS RECOMMENDED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 10-S22D)
ELECTED DEPARTMENT HEADS
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10. |
Treasurer-Tax Collector - Approve
amendment 7 to agreement MA-074-13010137 with Wells Fargo Merchant
Services, L.L.C. and Wells Fargo Bank, N.A. for electronic payment acceptance
and processing services for non-convenience fee credit cards, debit cards and
eCheck transactions, 8/14/19 - 8/13/21 ($5,300,000; cumulative total
$16,400,000); and approve amendment 8 to agreement MA-074-13010138 with Wells
Fargo Bank, N.A. for internet payment gateway services to accept and process
payments via the internet, 8/14/19 - 8/13/21 ($20,000; cumulative total
$100,000); and authorize County Procurement Officer or authorized Deputy to
execute amendments - All Districts |
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13245 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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11. |
Receive
bid and award contract to All American Asphalt for Pavement Maintenance and
Repair project, one-year term ($1.2 million) - District 2 |
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21345 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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12. |
Acting as the Orange County Housing
Authority - Approve
selection of Jamboree PSH for utilization of 20 Project-Based Veterans
Affairs Supportive Housing Vouchers in accordance with the policies and
procedures identified in Orange County Housing Authority Administrative Plan
and authorize execution of related documents, instruments and agreements;
authorize Director or designee to execute commitment letters, agreements,
contracts, instructions and instruments necessary or appropriate for
commitment of U.S. Department of Housing and Urban Development Project-Based
Veterans Affairs Supportive Housing Vouchers; and authorize Director or
designee, on behalf of the Orange County Housing Authority, to execute an
amendment to Memorandum of Agreement to authorize use and administration of
Project Based Vouchers in other housing authority jurisdictions - All
Districts |
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43125 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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13. |
Consider
second reading and adoption of "An Ordinance of the County of Orange,
California, Amending Title 4 of the Codified Ordinances of the County of
Orange by Adding Division 15, Article 1 through Article 5, Section 4-15-1
through Section 4-15-14, Regarding Onsite Wastewater Treatment Systems in
Unincorporated Orange County" - All Districts (Continued from 6/25/19,
Item 54) |
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B.O. |
CONTINUED TO 12/17/19, 9:30 A.M. |
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14. |
Adopt
Job Order Contract unit price book and technical specifications; approve bid
documents and set bid opening for 9/4/19, 2:00 p.m. for Job Order
Contracts for general contracting services, painting services, asbestos
removal and decontamination services and plumbing services - All Districts |
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14235 |
APPROVED AS RECOMMENDED |
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Acting as the
Board of Supervisors and Orange County Flood Control District: |
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15. |
Approve
job order contract MA-080-19011812 with All American Asphalt, MA-080-19011816
with R.J. Noble Company, MA-080-19011815 with Pub Construction, Inc.,
MA-080-19011814 with PALP, Inc. dba Excel Paving Company, MA-080-19011813
with Bitech Construction Company, Inc. for paving maintenance services,
8/19/19 - 8/18/20, ($4,980,000 each); authorize Director or designee to
execute job order contracts under certain conditions; and authorize return of
bid guarantees to all bidders upon execution of contracts - All Districts |
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14235 |
APPROVED
AS RECOMMENDED |
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16. |
Approve
job order contract MA-080-19011819 with Sol Construction, Inc., MA-080-19011821
with Pub Construction, Inc., MA-080-19011822 with Bitech Construction Company
Inc., MA-080-19011853 with SJD&B, Inc., MA-080-19011870 with KEC
Engineering, MA-080-19011871 with C J W Construction, Inc., MA-080-19011874
with Palp, Inc. dba Excel Paving Company for general engineering services,
8/19/19 - 8/18/20, ($4,980,000 each); authorize Director or designee to
execute job order contracts under certain conditions; and authorize return of
bid guarantees to all bidders upon execution of contracts - All Districts |
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12345 |
APPROVED
AS RECOMMENDED |
OC WASTE & RECYCLING
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17. |
Approve
Mitigation Agreement with Irvine Ranch Conservancy for removal of vegetation
at Gothard Street Landfill and restore 7.5 acres of coastal sage scrub,
Crystal Cove State Park, 10 year term ($750,000); authorize Director or
designee to execute agreement; and consider adoption of Final Mitigated
Negative Declaration No. 678 and other findings - District 2 |
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23145 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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18. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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APPROVED
AS RECOMMENDED |
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19. |
Approve
2019 Contract Policy Manual, effective 10/1/19 and implement Local Small
Business Preference Policy, effective 1/1/20; and provide direction to
staff on increasing County Procurement Officer authority on service contracts
from $100,000 up to $200,000 - All Districts |
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51234 |
APPROVED
AS RECOMMENDED; DIRECTED COUNTY
PROCUREMENT OFFICE TO AMEND THE CONTRACT POLICY MANUAL (CPM) TO INCREASE FROM
$100,000 TO $200,000 THE BOARD OF SUPERVISORS APPROVAL THRESHOLD FOR SERVICE
CONTRACTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 25502.5 (a) |
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20. |
Approve
grant applications/awards submitted by County Executive Office, Health Care
Agency, Sheriff-Coroner and OC Community Resources and retroactive grant
applications/awards submitted by Health Care Agency in 8/13/19 grant report
and other actions as recommended; accept grant amount of $4,500,00 from
California Office of Emergency Services to implement First Responder
Intelligence, Survey and Reconnaissance System pilot program and make related
budget adjustments; approve Grant Funds Transfer agreement with Orange County
Fire Authority; direct Auditor-Controller to disburse $4,500,000 to Orange
County Fire Authority in accordance with State FY 2019 Budget Act for local
assistance upon receipt of grant funds
- All Districts (RA 1c requires 4/5 vote of members present) |
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53124 |
APPROVED
AS RECOMMENDED |
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21. |
Approve
sole source contract CT-017-19011503 with Gartner, Inc. for consulting
services, 8/19/19 - 11/15/19 ($400,000); and authorize County Procurement
Officer or authorized Deputy to execute contract - All Districts (Continued
from 7/30/19, Item S24C) |
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32145 |
APPROVED
AS RECOMMENDED |
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22. |
Adopt
resolution establishing County Business Travel and Meeting Policy,
superseding Resolution 16-010 - All Districts (Continued from 7/30/19,
Item 21) |
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B.O. |
DELETED |
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Vice Chair
Steel: |
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S22A. |
Orange
County Waste Management Commission - Appoint David C. Harrington, Aliso
Viejo, to complete term ending 1/31/21 |
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21345 |
APPROVED
AS RECOMMENDED |
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S22B. |
Campaign
Finance and Ethics Commission - Reappoint H. Josh Ji, Irvine, for term ending
8/21/22 |
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21345 |
APPROVED
AS RECOMMENDED |
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S22C. |
Supervisor Wagner - North
Tustin Advisory Committee - Appoint John (Pat) Welch, Santa Ana, to
complete term ending 3/31/20 |
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32145 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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S22D. |
Approve
license agreement with Fletcher Jones Motorcars Inc., one-year term;
authorize Director or designee to execute agreement; and make California
Environmental Quality Act and other findings - District 2 |
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23145 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (Item 23)
OC PUBLIC WORKS
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23. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Consider
first reading of "An Ordinance of the County of Orange, California
Amending Section 1-4-13 Article 2, Division 4, of Title 1 of the Orange
County Codified Ordinances Regarding Duties of Purchasing Agent -
Specific"; set second reading and adoption for 8/27/19, 9:30 a.m.; adopt
resolution authorizing Directors, County officials or designees from OC
Public Works, Sheriff-Coroner and John Wayne Airport to advertise bids for
performance of public projects under certain conditions; approve 2019 Design
and Construction Procurement Policy Manual amending key procurement policies;
and authorize Director or designee to execute and implement 2019 Design and
Construction Procurement Policy Manual incorporating all revised policies -
All Districts |
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51234 |
APPROVED AS RECOMMENDED (Item was moved
from Public Hearing Calendar to the Discussion Calendar) |
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RESO: 19-077 |
V. CLOSED SESSION (Items CS-1-SCS7)
GENERAL ADMINISTRATION
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CS-1. |
County Executive Office - 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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County Counsel: |
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SCS2. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO
LITIGATION - Pursuant to Government Code Section 54956.9(d)(2): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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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 UNANIMOUSLY APPROVED
A PROPOSED SETTLEMENT IN THE MATTER OF MICHAEL WHEATLEY V. COUNTY OF ORANGE,
WCAB CASE NO. ADJ10801017 AND ADJ4615900.
THE PROPOSED AGREEMENT REMAINS SUBJECT TO THE FINAL APPROVAL OF
OTHERS. WHEN THE AGREEMENT IS
FINALIZED, COPIES OF THE AGREEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE
OF CEO RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
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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 UNANIMOUSLY
APPROVED A PROPOSED SETTLEMENT IN THE MATTER OF MARK MCCORMICK V. COUNTY OF
ORANGE, WCAB CASE NO. ADJ6781803. THE PROPOSED AGREEMENT REMAINS SUBJECT TO
THE FINAL APPROVAL OF OTHERS. WHEN THE
AGREEMENT IS FINALIZED, COPIES OF THE AGREEMENT WILL BE MADE AVAILABLE
THROUGH THE OFFICE OF CEO RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
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SCS5. |
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 UNANIMOUSLY
APPROVED A PROPOSED SETTLEMENT IN THE MATTER OF JENNIFER WESTFIELD V. COUNTY
OF ORANGE, DEPUTY ALEXANDER FLYNN, CASE NO. 30-2017-00952753. THE PROPOSED AGREEMENT REMAINS SUBJECT TO
THE FINAL APPROVAL OF OTHERS. WHEN THE
AGREEMENT IS FINALIZED, COPIES OF THE AGREEMENT WILL BE MADE AVAILABLE
THROUGH THE OFFICE OF CEO RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
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SCS6. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION -
Pursuant to Government Code Section 54956.9(d)(4): |
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B.O. |
COUNTY
COUNSEL READ: THE BOARD ON A VOTE OF 4
TO 1, WITH CHAIRWOMAN BARTLETT, AND SUPERVISORS STEEL, WAGNER, AND CHAFFEE
VOTING IN FAVOR, AND SUPERVISOR DO OPPOSED, THE BOARD AUTHORIZED COUNTY
COUNSEL TO RETAIN THE RENNE PUBLIC LAW GROUP TO FILE AN AMICUS BRIEF ON
BEHALF OF THE COUNTY TO PETITION THE UNITED STATES SUPREME COURT TO REVIEW
THE NINTH CIRCUIT'S DECISION IN MARTIN V. BOISE |
ELECTED DEPARTMENT HEADS
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SCS7. |
Sheriff-Coroner - CONFERENCE
WITH SHERIFF-CORONER - THREAT TO PUBLIC SERVICES OR FACILITIES - Pursuant
to Government Code Section 54957(a): |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Nick Kolev - Oral re: Military and armed
forces which liberated Korea; brother-in-law was a Marine who was subject to
Jewish ritual murder in the base in Okinawa, Japan; attended Board meeting to
address County Counsel; is scared for his life and is expecting the Central
Intelligence Agency to form a death squad to kill him; Alex Odeh Memorial. |
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Michael Tucker - Oral re: Unexplained
deaths of Anthony Aceves, Shakira Kelly and Eric Denton in Orange County
jails while under County supervision; urged the Board to make the Orange
County jails safer. |
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Samuel Vance - Oral re: OC Racial Justice
Collaborative; deaths at Tiananmen Square while people were protesting for
democracy; despicable treatment of protestors at Hong Kong airport;
mistreatment and deaths in Orange County jails. |
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Tiffany Tabares - Oral re: Son was shot by
a City of Huntington Beach Police Officer at a 7-11 convenience store in
Huntington Beach on 9/22/17; wants to set the record straight regarding the
death of her son; will be attending every City of Huntington Beach City
Council and Orange County Board of Supervisors meetings every week. |
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Michelle Alexander - Oral re: Representing
citizens who have been in danger by failure to handle the transient
population that has been thrust on counties and cities; County has no follow
up plan to mitigate the impact of the transient population that has created a
public safety issue and public health hazard. |
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Michelle Brooks - Oral re: San Clemente
resident; transient problem in the City of San Clemente was caused by the
County of Orange and now there is a health and safety crisis; transients use
of drugs, graffiti, and mental illness; settlement does not provide addiction
and mental health treatment. |
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Ilya Tseglin - Oral re: Has attended Board
Meetings for 7 years pleading to save his son's life; need to invest money to
improve people's live; Judges, Public Defender, judicial doctors and lawyers
are liars; Board needs to provide oversight to prevent deaths. |
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Robert Tseglin - Oral re: His brother was
kidnapped three times, placed in group homes and was released by Writs of
Habeas Corpus; constitutional violations and petition filed to remove
conservatorship; physical and psychotropic abuse; Dr. Nathan testified
autistic persons should not be placed on psychotropic drugs; cover-up of
mental, psychotropic and physical abuse; perjury, fraud and Public Defender. |
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Brigitte - Oral re: State and local courts,
corrupt judges and organized cover-up; past and present Board of Supervisors
are corrupt. |
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Gianni Castellanos - Oral re: OC Racial
Justice Collaborative continues to bring attention to the issues and conditions in County jails;
information regarding deaths of Anthony Aceves, Shakira Kelly and Eric Denton
not provided to their families; combining positions of Sheriff and Coroner is
a conflict of interest. |
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Bryan Kaye - Oral re: Was abused as a
child; text messages containing offensive language from City of Anaheim
Police Officer and Sheriff Deputies; requested Board Member meet with him,
the Tseglins and Brigitte. |
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Janice
Sherertz - Oral re: Four areas of need concerning the proposed rebuilt
library in Laguna Niguel City Center Project including size, parking,
library program room and Friends of the Library; Laguna Niguel Friends of the
Library is dedicated to raising funds for the library. |
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Peggy Schwartz - Oral re: President of the
Laguna Niguel Friends of the Library; focus on the ways the library can
contribute to the Laguna Niguel City Center Project. |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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Supervisor Do - Oral re: Inaugural Chalk
and Talk event held on Saturday, August 10, 2019 at the Civic Center in Santa
Ana; thanked County Departments and their staff and community groups for
their help and participation in the event. |
ADJOURNED:
2:14 P.M.
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35124 |
Adjourned in memory of Eric Woolery |
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52134 |
Adjourned in memory of Eric Woolery |
***
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 |