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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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400 W. Civic Center Drive |
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Santa Ana, California
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DONALD P. WAGNER
CHAIRMAN
Third District |
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ANDREW DO VICE
CHAIRMAN First
District |
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VICENTE SARMIENTO
SUPERVISOR
Second District |
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DOUG
CHAFFEE SUPERVISOR Fourth
District |
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KATRINA FOLEY
SUPERVISOR
Fifth District
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ATTENDANCE:All Present
EXCUSED:None
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PRESENT:
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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
Sarmiento, Second 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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Chairman Wagner
presented a resolution proclaiming August 2023 as "Eligibility
Professionals Month" |
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Supervisor Sarmiento
presented a resolution proclaiming August 2023 as "American
Muslim Appreciation and Awareness Month" |
II.CONSENT CALENDAR (Items 1-10)
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15243
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APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEMS 4 AND 8 WHICH WERE PULLED FOR
DISCUSSION AND SEPARATE VOTE
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BOARD
APPOINTMENTS
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1.
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Vice Chairman Do - Acting
as Orange County Housing Authority - Housing and Community
Development Commission - Reappoint An T. Nguyen, Fountain
Valley, for term ending 6/30/25 |
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2.
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Supervisor Chaffee - Orange
County Historical Commission - Appoint James Daniel Bacon,
Fullerton, for term concurrent with 4th District Supervisor's
term of office |
COMMENDATIONS/PROCLAMATIONS/REPORTS
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3.
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Chairman Wagner - Adopt
resolution designating September as Service Clubs Month
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RESO:
23-094 |
JOHN
WAYNE AIRPORT
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4.
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Authorize
Director 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 air carriers under Phase 2
Commercial Airline Access Plan and Regulation for 2024 Plan
Year (1/1/24 - 12/31/24); approve related actions; and make
related findings - District 5 |
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52143
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APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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5.
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Approve
amendment 3 to contract MA-012-23010367 with Council on
Aging - Southern California, Inc. for Medicare
Improvements for Patients and Providers Act services, 9/1/23 -
8/31/24 ($215,901; cumulative total $431,802); and authorize
County Procurement Officer or Deputized designee to execute
amendment and future amendments under certain conditions - All
Districts |
OC
PUBLIC WORKS
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6.
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Approve
amendment 5 to increase contract CT-299-20011092 with
Fleming Alliance Architecture, Inc. for
architect-engineering services for Frank R. Bowerman Landfill
operations building tenant improvement services, 5/14/20 -
10/31/23 ($15,250; cumulative total $83,000); and authorize
Director or designee to execute amendment - District 3 |
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7.
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Approve
amendment 1 to cooperative agreement MA-080-20010224 with
City of Placentia for funding and construction of the
Carbon Canyon Channel Bikeway Project, OC Loop Segment D
($215,682); and authorize Director or designee to execute
minor amendments under certain conditions - Districts 3 and 4
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8.
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Approve
and adopt OC On the Move Active Transportation Plan; and
authorize Director or designee to make modifications
under certain conditions - All Districts |
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25143
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APPROVED AS RECOMMENDED |
OC
WASTE & RECYCLING
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9.
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Approve
contracts MA-299-23011430 with Adam's Falconry Service, LLC,
Airstrike Bird Control, Inc. and Avian Entertainment,
LLC for bird abatement services at active landfills, 9/20/23 -
9/19/26 ($945,000); renewable for two additional years; and
authorize County Procurement Officer or Deputized designee to
make changes under certain conditions and execute contracts -
Districts 3, 4 and 5 |
GENERAL
ADMINISTRATION
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10.
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Registrar of Voters - Receive
and file Certificate of Nominee to be appointed in lieu of
election on 11/8/22; appoint Marc Schwering as Director
of Santiago Geologic Hazard Abatement District Board of
Directors for four-year term, ending at noon on 12/4/26 -
District 3 |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 11-S29J)
ELECTED
DEPARTMENT HEADS
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Sheriff-Coroner:
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11.
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Approve
amendment 2 to contract MA-060-22010470 with NicheVision
Forensics, LLC for DNA Analysis Software System and
Database Likelihood Ratio software updates, 1/1/24 - 12/31/24
($46,160; cumulative total $212,411); and authorize County
Procurement Officer or Deputized designee to execute contract
- District 2 |
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23145
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APPROVED
AS RECOMMENDED
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12.
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Approve
amendment 1 to contract MA-060-21011432 with Axon Enterprise
Inc for body worn cameras, Taser 10, unmanned ariel
vehicles, interview room cameras, Fleet 3 in car video,
related equipment, warranties and software, 7/27/2021 -
7/31/33 ($41,281,135); and authorize County Procurement
Officer or Deputized designee to execute amendment - All
Districts |
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25143
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APPROVED
AS RECOMMENDED
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13.
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Ratify
first amendment to agreement with City of Laguna Hills for
law enforcement services, 7/1/23 - 6/30/24
($10,281,109); and authorize Sheriff-Coroner to execute
amendment - District 5 |
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52143
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APPROVED
AS RECOMMENDED
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14.
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Approve
contract MA-060-23011224 with CRH California Water, Inc. dba
Culligan of Santa Ana for water softener system
maintenance at central jails, Theo Lacy Facility and James A.
Musick Facility, effective upon Board approval for 3 years
($1,292,400); renewable for two additional one-year terms; and
authorize County Procurement Officer or Deputized designee to
execute contract - Districts 2 and 3 |
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23145
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APPROVED
AS RECOMMENDED
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15.
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Treasurer-Tax Collector -
Approve
amendment 9 to contract 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 and debit cards and eCheck
transactions, 8/14/23 - 8/13/24 ($2,400,000; cumulative total
$23,400,000); approve amendment 10 to agreement
MA-074-13010138 with Wells Fargo Bank, N.A. for internet
payment gateway services, 8/14/23 - 8/13/24 ($10,000;
cumulative total $130,000); and authorize County Procurement
Officer or Deputized designee to execute amendments - All
Districts |
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15243
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APPROVED AS RECOMMENDED |
HEALTH
CARE AGENCY
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16.
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Approve
amendment 11 to master contract MA-042-20011019 with various
providers and subsequent amendments to contracts with
Laguna Beach Community Clinic, Inc., AIDS Services Foundation
Orange County dba Radiant Health Centers and Shanti Orange
County for HIV care services, 8/8/23 - 2/29/24 ($126,218; new
total $3,614,280; aggregate cumulative total $16,482,855); and
authorize County Procurement Officer or Deputized designee to
execute amendments - All Districts |
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13245
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APPROVED AS RECOMMENDED |
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17.
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Approve
master agreement MA-042-20011926 with various licensed
clinical providers of professional services, 9/29/23 -
10/3/24 ($5,635,056); authorize Auditor-Controller to apply
rates as approved in existing master agreement; authorize
County Procurement Officer or Deputized designee to execute
individual agreements; and authorize Director or designee to
execute subordinate agreements - All Districts |
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52143
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APPROVED AS RECOMMENDED |
JOHN
WAYNE AIRPORT
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18.
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Approve
lease with The Transportation Security Administration for
security services support offices, 10/1/23 - 9/30/33;
authorize Director or designee to extend lease for two
additional five-year terms; and make California Environmental
Quality Act (CEQA) exemption findings under CEQA Guidelines
Section 15301 - District 5 |
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52143
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APPROVED AS RECOMMENDED |
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19.
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Approve
amendment 2 to Wireless Public Internet Access and
Distributed Antenna System Agreement with Concourse
Communications Group, LLC ($41,877); approve amendment 3 to
Advertising Concession Lease with Lamar Airport Advertising
Co. ($1,063,772); approve amendment 5 to Specialty Concession
Lease with Hojeij Branded Foods, LLC ($65,905); approve
amendment 6 to News and Gift and Specialty Retail Concession
Lease with John Wayne NG-AC JV ($873,362); approve amendment 7
to News and Gift and Specialty Retail Concession Lease with
Paradies-OC, LLC ($313,425); for concession rent relief
pursuant to Coronavirus Response and Relief Supplemental
Appropriations Act and American Rescue Plan Act grants
administered by the Federal Aviation Administration - District
5 |
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52143
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APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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20.
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Approve
amendment 3 to contract MA-012-18012188 with Tapia
Landscaping for landscape maintenance at regional
trails, bikeways and various trailside pocket parks on
County-owned land, 9/1/23 - 2/28/24 ($847,500; cumulative
total $3,107,500); and authorize County Procurement Officer or
Deputized designee to execute amendment - All Districts |
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41253
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APPROVED AS RECOMMENDED |
OC
PUBLIC WORKS
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21.
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Retroactively
approve contract PO-080-23011263 with AssetWorks Inc. for
fleet related technology and software solutions, 7/1/22
- 12/30/22 ($49,514); and authorize County Procurement Officer
or Deputized designee to execute contract - All Districts |
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14253
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APPROVED AS RECOMMENDED |
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Acting
as the Board of Supervisors and Orange County Flood Control
District: |
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22.
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Approve
contracts with various firms for on-call land surveying
services, three-year terms ($1,750,000 each; aggregate
total $10,500,000); renewable for two additional years; and
authorize Director or designee to execute contracts - All
Districts |
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25143
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APPROVED
AS RECOMMENDED
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23.
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Approve
contracts MA-080-23010821 with AirDev, Inc. and Efficient
BPM LLC for maintenance management integration services,
three-year term ($1,050,000); renewable for an additional
two-year term; and authorize County Procurement Officer or
Deputized designee to execute contracts - All Districts |
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42153
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APPROVED
AS RECOMMENDED
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GENERAL
ADMINISTRATION
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24.
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County Counsel - Approve
amendment 2 to Professional Legal Services Agreement with
One LLP for intellectual property law special advisory
and litigation services in area; and authorize County Counsel
to execute amendment - All Districts (2/3 vote of the
membership) |
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25143
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APPROVED AS RECOMMENDED |
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County
Executive Office: |
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25.
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Approve
recommended positions on introduced or amended legislation
and/or consider other legislative subject matters - All
Districts |
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54123
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APPROVED
AS RECOMMENDED WITH SUPERVISOR SARMIENTO ABSTAINING ON
RECOMMENDED ACTION #1
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26.
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Approve
grant applications/awards submitted by District Attorney, OC
Waste & Recycling, Health Care Agency, County
Executive Office and OC Community Resources, and ratify grant
applications/awards submitted by District Attorney and Social
Services Agency in 8/8/23 grant report and other actions as
recommended; adopt resolution authorizing District Attorney to
execute standard agreement S23-005 and District Attorney or
designee to execute amendments with California Victim
Compensation Board for Victim Compensation Program, 7/1/23 -
6/30/26; and making California Environmental Quality Act
(CEQA) exemption findings pursuant to CEQA Guidelines Section
15061(b)(3) and other findings; adopt resolution authorizing
OC Waste & Recycling to submit application to State
Department of Resources Recycling and Recovery (CalRecycle)
for Household Hazardous Waste Grant Program (HD41); adopt
resolutions naming Katella Housing Partners LP as new owner of
Stanton Inn and Suites and Beach2 Housing Partners LP as new
owner of Tahiti Motel, acknowledging and accepting that this
new owner is joining standard agreements; authorizing OC
Community Resources Director or designee to execute agreements
and subsequent amendments under certain conditions and any
related documents to Homekey Program funding and as California
State Department of Housing and Community Development may deem
appropriate - All Districts |
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12453
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APPROVED
AS RECOMMENDED
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RESO: 23-095 - 23-098
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27.
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Approve
proposed response to FY 2022-23 Grand Jury Report “Historic
Rain Yet Drought Remains” - All Districts |
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52143 |
MOTION
TO APPROVE AMENDED RESPONSE TO FINDING 3 AS PRESENTED BY
SUPERVISOR FOLEY FAILED TO CARRY (AMENDMENT ON FILE WITH
THE CLERK OF THE BOARD)
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13245 |
APPROVED
WITH AMENDMENT TO RESPONSE FOR FINDING 3 TO READ AS
FOLLOWS: DISAGREES PARTIALLY. THE COUNTY DOES NOT HAVE THE
TECHNICAL EXPERTISE, EXPERIENCE, INDUSTRY SPECIFIC
TRAINING OR KNOWLEDGE TO MAKE THIS DETERMINATION. THE
COUNTY ACKNOWLEDGES AND SUPPORTS EFFORTS TO MITIGATE
CLIMATE CHANGE IMPACTS ON ORANGE COUNTY RESIDENTS. THE
COUNTY WORKS TO SUPPORT REGIONAL WATER SUPPLY THROUGH
WATER RECLAMATION, RECYCLING, CONSERVATION AND REUSE. THE
COUNTY RECENTLY APPLIED TO JOIN THE ENVIRONMENTAL
PROTECTION AGENCY'S CLIMATE POLLUTION REDUCTION GRANT
COHORT WITH LA COUNTY. ORANGE COUNTY HAS CREATED A
DIRECTOR OF SUSTAINABILITY POSITION WITHIN OC WASTE AND
RECYCLING AND HAS BEGUN THE WORK TO START A CLIMATE ACTION
PLAN.
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28.
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Approve
proposed response to FY 2022-23 Grand Jury Report “Gimme
Shelter and a Pound of Advice. " - All Districts |
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31245 |
APPROVED
AS RECOMMENDED
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29.
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Approve
proposed response to FY 2022-23 Grand Jury Report "The ABC's
of Educating Children Experiencing Homelessness in
Orange County." - All Districts |
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14253 |
APPROVED
AS RECOMMENDED
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Supervisor
Sarmiento: |
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S29A.
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Orange
County Planning Commission - Appoint Maria Ceja, Anaheim,
for term concurrent with 2nd District Supervisor's term
of office |
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25143
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APPROVED
AS RECOMMENDED
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S29B.
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Orange
County Historical Commission - Appoint Philip Chinn, Santa
Ana, for term concurrent with 2nd District Supervisor's
term of office |
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25143
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APPROVED
AS RECOMMENDED
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S29C.
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Chairman Wagner - Approve
allocation of $1.7 million from Third District discretionary
funds from FY 2023-24 for Orange County Sheriff
Department to continue fighting against fentanyl in our
community; make related findings per Government Code Section
26227 and 53069.5; authorize County Procurement Officer or
Deputized designee to execute agreements or amendments as
necessary; and direct Auditor-Controller to make related
payments |
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35124
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APPROVED AS RECOMMENDED |
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S29D.
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Supervisor Sarmiento - Adopt
resolution recognizing August as "Chicano Heritage Month"
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23145
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APPROVED AS RECOMMENDED |
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RESO:
23-099 |
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S29E.
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Supervisor Foley - Development
Processing Review Committee - Reappoint Jeffrey Okamoto,
Rancho Santa Margarita, for term concurrent with 5th
District Supervisor's term of office |
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53124
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APPROVED AS RECOMMENDED |
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S29F.
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Chairman Wagner - Community
Action Partnership of Orange County - Appoint John Park,
Irvine, for term concurrent with 3rd District
Supervisor's term of office |
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32145
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APPROVED AS RECOMMENDED |
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County
Executive Office: |
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S29G.
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Approve
and adopt 2023-2026 Memorandum of Understanding (MOU) with
Orange County Attorneys Association, 6/30/23 - 6/25/26;
and authorize County Executive Officer or designee to execute
MOU - All Districts |
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35124
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APPROVED
AS RECOMMENDED
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S29H.
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Approve
and adopt side letter agreement with International Union of
Operating Engineers - Local 501 for dental insurance
benefits to employees in Craft and Plant Engineer Unit; and
authorize Chief Human Resources Officer or designee to execute
agreement - All Districts_ |
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51243
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APPROVED
AS RECOMMENDED
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S29J.
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Chairman Wagner - Approve
allocation of $15,000 from Third District discretionary
funds to Children's Education Foundation of Orange
County; make related findings for Government Code Section
26227; authorize County Executive Officer or designee to
negotiate and enter into agreement as necessary; and direct
Auditor-Controller to make related payments |
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31245
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APPROVED AS RECOMMENDED |
IV.PUBLIC HEARINGS
GENERAL
ADMINISTRATION
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S29I.
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County Executive Office -
Acting
as the Orange County Flood Control District - Public Hearing
to consider adopting Resolutions of Necessity acquiring
by eminent domain real property for Santa Ana River
Mainstem/Prado Dam Project located in Riverside and San
Bernardino Counties; authorizing County Counsel and/or outside
eminent domain counsel to take steps to initiate and
facilitate the condemnation action; directing and authorizing
Auditor-Controller to make related payments; and considering
application of Final Environmental Impact Statement and Final
Supplemental Environmental Impact Statement/Environmental
Impact Report 583, Addendum No. 1 (IP 21-0211) and other
findings - All Districts (2/3 vote of membership) |
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B.O.
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CLOSED PUBLIC HEARING |
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13245
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APPROVED AS RECOMMENDED |
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RESO:
23-100 - 23-101 |
V.CLOSED SESSION (Item CS-1)
GENERAL
ADMINISTRATION
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CS-1.
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County Executive Office -
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code
Section 54957.6: |
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B.O.
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HELD, NO REPORTABLE
ACTION
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VI.PUBLIC, CEO, ADJOURNMENT &
BOARD COMMENTS
PUBLIC
COMMENTS:
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Steve Rocco - Oral re:
Neighbor of California Motors Direct who pay for protection by
conducting criminal acts for Todd Spitzer; burned trees in his
back yard, gunshots fired, assault and battery, steal cars,
run gasoline generators all day and night, trespass and steal,
throw dead animals over his wall and torture of homosexuals |
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Sharon Logan - Oral re:
Shed light why OC Animal Care may be diligent about dog bites;
dogs with behavioral issues increased under prior OC Animal
Care Director Kaviani; CBS investigation regarding OC Animal
Care not revealing information about dangerous dogs that are
up for adoption; public safety matters with homeless hiding on
the tracks |
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Paul Hyke - Oral re:
Shelter at Kraemer; let the homeless run the shelters; Julio
Sanchez is trafficking illegal drugs, illegals and
undocumented; people who want to work at the shelters; shelter
should be a no walk-in shelter; staff facility with people who
want to work and help people who are homeless; need daycare in
the shelters; people hiding on railroad tracks |
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Joette - Oral re:
Comments from Board members including limiting responses to
Grand Jury, cold and callous responses regarding OC Animal
Care and climate change verification; election fraud |
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Esther - Oral re:
Election process and paper ballots; statistics on voter
information; voting machines numbers can be changed; secret
Chinese bio-lab that was abandoned in California and funded by
Governor Newsom received tax credit and is where viruses like
COVID and malaria were discovered; audit of the animal shelter
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Name
not provided - Oral re: Video regarding issues with voter
rolls in San Joaquin County; requested fair and safe
elections |
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Name not provided - Oral
re: National debt; George Soros funded BLM and ANTIFA that
attached the American public and good law enforcement;
federal, state, county and city politicians attacked law and
order when BLM and ANTIFA was occurring; why report COVID
statistics and not children who are trafficked; mask mandates
and vaccines during COVID; changes in election procedures was
unlawful; wars under the last three administrations |
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Name
not provided - Oral re: Election Day should be a holiday to
vote; voter confusion, fraud, expensive elections and
lack of voter confidence; Tweet by Kari Lake |
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Bryan Kaye - Oral re:
Recordings from Cities of Anaheim and Fullerton and Sheriff
Department; address and dismiss false charges; man who jumped
from Disneyland parking structure; forged plea agreements |
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Linda Shepherd - Oral
re: Requested Board support AB1314 to return parents' rights
of notification within three days of the school noticing a
child is interested or displaying behavioral of changing
genders and parents are involved in next step decisions;
requested Board refuse to provide taxpayer funds or grant
monies to any gender affirming clinics and programs in Orange
County |
COUNTY
EXECUTIVE OFFICER COMMENTS:
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None |
ADJOURNED:1:11 P.M.
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53124
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Adjourned in memory of
Annabelle Isky and Dr. Suzanne Savary |
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31245
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Adjourned in memory of
Rusty Richards and Robert "Bob" Bernard Lyons |
BOARD
COMMENTS:
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Supervisor Chaffee -
Oral re: Climate change is inevitable; continue doing what can
be done to prevent climate change |
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Supervisor Sarmiento -
Oral re: Recognized District staff including Yasie Goebel,
Chief of Staff for her 15 years of service to the County; Mia
Verdin, Intern for her service to the County and wished her
success at UC Berkeley; and wished Manuel Escamilla a happy
birthday |
***KEY***
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Left
Margin Notes |
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1.
= Supervisor Do |
A.=Abstained |
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2. = Supervisor Sarmiento |
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 Foley |
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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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Chairman, Orange County Board of Supervisors |
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Orange County Clerk of the Board |