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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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DOUG
CHAFFEE VICE
CHAIRMAN Fourth
District |
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ANDREW DO
SUPERVISOR
First District
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VICENTE
SARMIENTO SUPERVISOR Second
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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ACTING
COUNTY EXECUTIVE OFFICER |
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Michelle
Aguirre |
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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:Vice
Chairman Chaffee, Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE:Supervisor
Foley, Fifth District invited Rachel Hall to sing the National
Anthem
and Supervisor Foley led the assembly in the Pledge of Allegiance
I.PRESENTATIONS/INTRODUCTIONS
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Chairman
Wagner presented a resolution proclaiming August 2024 as
"Eligibility Professionals Month" |
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Supervisor
Sarmiento presented a resolution proclaiming August 2024 as
"Chicano Heritage Month" |
II.CONSENT CALENDAR (Items 1-10)
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52143
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APPROVED AS RECOMMENDED |
BOARD
APPOINTMENTS
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Chairman
Wagner: |
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1.
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Assessment
Appeals Board No. 3 - Reappoint Rick Violett, Yorba Linda,
for term ending 9/5/27 |
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2.
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Orange
Park Acres Advisory Committee - Appoint Mary Renee Nori,
Orange, to complete term ending 12/31/24 |
OC
COMMUNITY RESOURCES
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3.
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Accept
donation of 22 pieces of artwork approximately valued at
$24,250 from The Irvine Museum; and authorize Director
of OC Parks or designee to execute Deed of Gift agreement and
other related documents - All Districts |
OC
PUBLIC WORKS
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4.
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Award
contract MA-080-24010624 to Bernards Bros., Inc. for
pre-construction phase services for Adult Re-Entry
Center Project ($99,721); and authorize Director or designee
to execute contract - District 2 |
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5.
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Approve
contract MA-080-24011031 with Bear Electrical Solutions,
Inc. for traffic signal maintenance services, 10/1/24 -
9/30/27 ($975,000); renewable for one additional two-year
term; authorize County Procurement Officer or Deputized
designee to execute contract; and make California
Environmental Quality Act (CEQA) exemption findings under CEQA
Guidelines section 15301 - All Districts |
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Acting
as the Board of Supervisors and Orange County Flood Control
District: |
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6.
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Approve
amendment 1 to aggregate contract MA-080-22010093 with Tetra
Tech, Inc. and DebrisTech, LLC for disaster-related
debris removal monitoring services, 11/23/24 - 11/22/26; and
authorize County Procurement Officer or Deputized designee to
execute amendment - All Districts |
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7.
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Approve
amendments 1 and 2 to aggregate contract MA-080-22010092
with Ashbritt, Inc. and DRC Pacific, Inc. for
disaster-related debris management services, 11/23/24 -
11/22/26; and authorize County Procurement Officer or
Deputized designee to execute amendments - All Districts |
GENERAL
ADMINISTRATION
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Clerk
of the Board: |
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8.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for OC Public Works - All
Districts |
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9.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Magnolia School District -
Districts 2 and 4 |
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10.
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County Executive Office -
Approve
Colocation Service Order with Phoenix MSA Holdings LLC for
data recovery space for Orange County Assessor, 2681 Kelvin
Ave., Irvine, 9/1/24 - 8/31/25 ($8,110 per month); authorize
Chief Real Estate Officer or designee to exercise option terms
and execute subsequent documents and amendments under certain
conditions; and make California Environmental Quality Act
(CEQA) exemption findings under CEQA Guidelines Section 15301
- District 3 |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 11-S28I)
ELECTED
DEPARTMENT HEADS
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Sheriff-Coroner:
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11.
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Approve
amendment 1 to contract MA-060-23011646 with Computer
Deductions Inc. for Unisys mainframe computer and
Sheriff-Coroner Data Center operations, 11/1/24 - 10/31/25
($500,000; cumulative total $1,615,832); renewable for three
additional one-year terms; and authorize County Procurement
Officer or Deputized designee to execute amendment - All
Districts |
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53124
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APPROVED
AS RECOMMENDED
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12.
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Approve
amendment 2 to contract MA-060-21010113 with PVP
Communications Inc. for motorcycle helmet communications
equipment, 11/16/24 - 11/15/25 ($132,000; cumulative total
$729,000); and authorize County Procurement Officer or
Deputized designee to execute amendment - Districts 2, 3, 4
and 5 |
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54123
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APPROVED
AS RECOMMENDED
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13.
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Approve
amendment 1 to extend contracts with various firms for
on-call architectural services, 4/26/25 - 4/25/27;
approve amendment 2 to contract MA-060-22010953 with Lionakis
to extend contract for on-call architectural services, 4/26/25
- 4/25/27; authorize Director of Research and Development or
designee to execute amendments; and make California
Environmental Quality Act (CEQA) exemption findings under CEQA
Guidelines Section 15378 - All Districts |
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51243
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APPROVED
AS RECOMMENDED
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14.
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Treasurer-Tax Collector -
Approve
amendment 10 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, 8/14/24 - 8/13/25 ($4,600,000; cumulative total
$28,000,000); approve amendment 11 to contract MA-074-13010138
with Wells Fargo Bank, N.A. for internet payment gateway
services, 8/14/24 - 8/13/25 ($10,000; cumulative total
$140,000); 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 |
JOHN
WAYNE AIRPORT
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15.
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Approve
license with AlClear, LLC for biometric verification
services, one-year term; authorize Director or designee
to make minor modifications and amendments under certain
conditions; and make California Environmental Quality Act
(CEQA) exemption findings under CEQA Guidelines section 15301
- District 5 (4/5 vote of members present) (Continued from
7/23/24, Item 23) |
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B.O.
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DELETED |
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16.
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Approve
amendment 3 to contract MA-080-24011573 with Ocean Blue
Environmental, Inc. for grease interceptor maintenance
and repair services, 9/14/24 - 9/13/25 ($300,000; cumulative
total $1,100,000); authorize County Procurement Officer or
Deputized designee to execute amendment; 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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17.
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Approve
amendment 2 to contract MA-080-21011287 with Kone, Inc. for
elevator and escalator maintenance services, 10/1/24 -
9/30/26 ($2,063,785; cumulative total $5,259,732); and
authorize County Procurement Officer or Deputized designee to
execute amendment - District 5 |
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52143
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APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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18.
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Approve
amendment 3 to renew contract MA-012-23010628 with GetSetUp,
Inc. for access to technology program, 10/1/24 - 8/31/25
($74,620; cumulative total $354,145); 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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19.
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Acting
as the Board of Supervisors - Approve Sale and Assignment
and Assumption Agreements assigning HOME Investment
Partnerships Program loan ($500,000) from Jamboree-Tal
Housing, L.P. to Amistad Partners I LP for Mendocino at Talega
I; approve Amended and Restated Regulatory Agreements
extending affordability period for 55 years; approve
Subordination Agreements subordinating debt ($21,000,000 first
trust deed; $6,300,000 second trust deed); approve waiver of
transfer provision; and authorize Director or designee to
subordinate additional senior debt and execute agreements and
related documents under certain conditions; Acting as the
Orange County Housing Authority - Approve Sale and Assignment
and Assumption Agreements assigning Housing Successor loan
($2,423,384) from Jamboree-Tal Housing, L.P. to Amistad
Partners I L.P. for Mendocino at Talega I; approve Amended and
Restated Regulatory Agreements extending affordability period
for 55 years; approve Subordination Agreements subordinating
debt ($21,000,000 first trust deed; $6,300,000 second trust
deed); approve waiver of transfer provision; and authorize
Executive Director of Orange County Housing Authority or
designee to subordinate additional senior debt and execute
agreements and related documents under certain conditions;
approve Assignment and Assumption Agreement assigning Housing
Successor loan ($728,176) from Jamboree-Tal II Housing, L.P.
to Amistad Housing Partners II LP for Mendocino at Talega II;
approve Amended and Restated Regulatory Agreement extending
affordability period for 55 years; approve Subordination
Agreements subordinating debt ($11,500,000 first trust deed);
approve waiver of transfer provision; and authorize Executive
Director of Orange County Housing Authority or designee to
subordinate additional senior debt and execute agreements and
related documents under certain conditions - District 5
(Continued from 6/4/24, Item 21; 6/25/24, Item 47; 7/23/24,
Item 25) |
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52143
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APPROVED AS RECOMMENDED |
OC
PUBLIC WORKS
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20.
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Approve
amendment 1 to contract MA-080-23011507 with Balfour Beatty
Construction LLC for design and construction services
for Orange County Youth Transition Center, 1,301-day term
($10,981,731; cumulative total $120,788,045); approve
amendment 1 to contract MA-080-24010362 with Vanir
Construction Management, Inc. for construction management
services for Orange County Youth Transition Center, term
ending 7/18/27 ($2,703,940; cumulative total $5,943,393); and
authorize Director or designee to execute amendment - District
2 (4/5 vote of the membership) |
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25143
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APPROVED AS RECOMMENDED |
OC
WASTE & RECYCLING
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21.
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Approve
contract MA-299-24011358 with Tetra Tech BAS, Inc. for
design of Phase VIII-A2 Groundwater Protection and
Stockpile Project, Frank R. Bowerman Landfill, 30-month term
($825,000); and authorize Director or designee to make minor
modifications under certain conditions and execute contract -
District 3 |
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31245
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APPROVED AS RECOMMENDED |
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22.
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Approve
amendment 2 to contract MA-299-23011470 with SCA of CA, LLC
for street sweeping services, 4/16/24 - 4/14/25
($215,000; cumulative total $425,000); and authorize County
Procurement Officer or Deputized designee to make minor
modifications under certain conditions and execute amendment -
Districts 3, 4 and 5 |
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35124
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APPROVED AS RECOMMENDED |
SOCIAL
SERVICES AGENCY
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23.
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Ratify
non-financial Memorandum of Understanding (MOU)
MA-063-24010922 with Maximus, Inc. for Health Care
Options services for Medi-Cal managed care plans, 1/1/24 -
6/30/27; and authorize County Procurement Officer or Deputized
designee to execute MOU - All Districts |
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31245
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APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County
Executive Office: |
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24.
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Approve
recommended positions on introduced or amended legislation
and/or consider other legislative subject matters; and
approve draft correspondence to United States Veterans
Administration, Office of National Cemetery Administration, in
support of "Veterans Cemetery Grants Program" Pre-application
submitted by California Department of Veterans Affairs for
Southern California Veterans Cemetery at Gypsum Canyon,
Anaheim Hills - All Districts |
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52143
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APPROVED
AS RECOMMENDED
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25.
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Approve
grant applications/awards submitted by County Executive
Office, Health Care Agency, OC Community Resources,
Public Defender and Social Services Agency and retroactive
grant applications/awards submitted by OC Community Resources
and Social Services Agency in 8/13/24 grant report and other
actions as recommended - All Districts |
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52143
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APPROVED
AS RECOMMENDED
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26.
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Approve
combined follow-up responses to various 2022-23 Grand Jury
Reports - All Districts |
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25143
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MOTION
TO AMEND FOLLOW-UP RESPONSES TO RECOMMENDATIONS 3 AND 4
DELETING "..AND CONCLUDED THAT THE CURRENT STAFFING LEVELS
ARE SUFFICIENT." FAILED TO CARRY
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14253
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APPROVED
AS RECOMMENDED
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27.
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Approve
proposed response to FY 2023-24 Grand Jury Report "Talking
Trash: Recyclables and Organic Waste." - All Districts |
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52143
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APPROVED
AS RECOMMENDED
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28.
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Chairman Wagner and Vice
Chairman Chaffee - Approve
list of honorees for induction into Orange County Hall
of Fame |
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34125
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APPROVED AS RECOMMENDED |
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S28A.
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Vice Chairman Chaffee - Adopt
resolution recognizing August 14, 2024 as "Pakistan
Independence Day" |
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42153
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APPROVED AS RECOMMENDED |
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RESO:
24-090 |
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S28B.
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Chairman Wagner - Orange
County Commission on the Status of Women and Girls - Appoint
Laura Ramos, Yorba Linda and Crystal Miles, Villa Park,
for terms ending 8/12/26 |
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34125
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APPOINTED LAURA RAMOS TO
THE ORANGE COUNTY COMMISSION ON THE STATUS OF WOMEN AND
GIRLS
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34125
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APPOINTED CRYSTAL MILES
TO THE ORANGE COUNTY COMMISSION ON THE STATUS OF WOMEN AND
GIRLS
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S28C.
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Supervisor Do - Assessment
Appeals Board No. 2 - Reappoint Patrick Harper, Fountain
Valley, for term ending 9/5/27 |
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15243
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APPROVED AS RECOMMENDED |
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Chairman
Wagner: |
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S28D.
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Approve
allocation of $10,000 from Third District discretionary
funds to Crime Survivors, Inc.; make related findings
per 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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35124
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APPROVED
AS RECOMMENDED
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S28E.
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Adopt
resolution requesting Insurance Commissioner, State
Legislature and Governor to declare a state of emergency
and take immediate emergency regulatory and legislative action
to strengthen and stabilize California's marketplace for
homeowners insurance and commercial property insurance |
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35124
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APPROVED
AS RECOMMENDED
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RESO: 24-091 |
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S28F.
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Coastal
Greenbelt Authority - Appoint Barbara Norton, Laguna Beach,
for a continuous term until a new appointment is made |
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53124
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APPROVED
AS RECOMMENDED
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S28G.
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Establish
Human Relations Commission ad hoc, consisting of Chairman
Wagner and Supervisor Foley |
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35124
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APPROVED
AS RECOMMENDED
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OC
COMMUNITY RESOURCES
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S28H.
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Adopt
resolution approving property tax transfer with City of
Irvine relating to withdrawal from County free library
system; authorize Director or designee and County Librarian to
execute agreement with City of Irvine for transfer of library
services and execute Bills of Sale for Irvine University Park
Library furniture, fixtures and equipment, Irvine Heritage
Park Library furniture, fixtures and equipment and for Library
Collection Materials transferred to City of Irvine; approve
lease with City of Irvine for Irvine University Park Property,
4512 Sandburg Way for use as a public library, effective
7/1/25 - 6/30/30; authorize Chief Real Estate Officer or
designee to execute subsequent lease amendments under certain
conditions; and make California Environmental Quality Act
(CEQA) exemption findings under CEQA Guidelines Section 15301
- Districts 3 and 5 |
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53124
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APPROVED AS RECOMMENDED |
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RESO:
24-092 |
GENERAL
ADMINISTRATION
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S28I.
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Supervisor Sarmiento - Adopt
resolution recognizing August 6, 2024 as "Bolivian
Independence Day" |
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25143
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APPROVED AS RECOMMENDED |
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RESO:
24-093 |
IV.PUBLIC HEARINGS (None)
V.CLOSED SESSION (Items CS-1-SCS5)
GENERAL
ADMINISTRATION
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County
Executive Office: |
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CS-1.
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PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section
54957(b): |
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B.O.
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HELD,
NO REPORTABLE ACTION
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CS-2.
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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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CS-3.
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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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County
Counsel: |
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SCS4.
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CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to
Government Code Section 54956.9(d)(1): |
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B.O.
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HELD,
COUNTY COUNSEL READ: THE BOARD UNANIMOUSLY APPROVED A
PROPOSED $375,000 COMPROMISE AND RELEASE IN THE WORKERS'
COMPENSATION CASE SURJIWAN SHARMA V. COUNTY OF ORANGE.IN THIS CASE, THE
APPLICANT, A RETIRED SOCIAL SERVICES AGENCY DATA ENTRY
TECHNICIAN, CLAIMED CUMULATIVE TRAUMA TO HER SPINE,
WRISTS, BACK, AND SHOULDERS.THE
SETTLEMENT APPROVED TODAY REMAINS SUBJECT TO THE FINAL
APPROVAL OF OTHERS.WHEN
THE SETTLEMENT 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.
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CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to
Government Code Section 54956.9(d)(1): |
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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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Matt Page - Oral Re:
Orange County does not maintain a single disc golf course and
lack of accessible courses across Southern California; cost is
minimal and does not require additional maintenance outside
normal park maintenance; requested the Board recommend the OC
Park System work with the community to identify and build a
full-length course in a safe location |
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Jeff Weaver - Oral Re:
Provided outline of Climate Action Plan at the July 23, 2024
Board Meeting; plan maximizes the capture of methane gas
released from landfills, turns it into energy that cities need
and creates electricity, and provides revenue for the County |
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Linda - Oral Re:
Volunteer for the United Sovereign Americans and concerns with
the State voter database; analysis of the 2022 election
research indicates issues with compliance of Federal law and
shows the votes cast, counted and certified may not all be
valid and accurate under the constitution and under the law;
presented a resolution demanding an end to the inaccuracy and
uncertainty plaguing elections along with a summary of
findings; requested the Board add the United Sovereign
Americans Resolution to their next agenda |
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Carolyn - Oral Re: Read
first portion of the United Sovereign Americans resolution
relating to elections |
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Linda - Oral Re: Read
next section of the United Sovereign Americans resolution
relating to elections |
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Walter N. - Oral Re:
Read last section of the United Sovereign Americans resolution
relating to elections |
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George
Aguirre - Oral Re: United Sovereign Americans resolution
outlines massive inaccuracies in the 2022 election;
resolution will protect the validity of the 2024 General
Election; trustworthiness of elections is essential for
securing our liberty; requested the Board add the United
Sovereign Americans Resolution to their next agenda |
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Bryan
Kaye - Oral Re: No quorum in Boardroom during public
comments; copy of a psychiatric evaluation prepared by
County psychologist that recommends medication which violates
the federal standards of prescribing medication; reasons for
attending Board meetings; requests communication and respect
from the Board |
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Patty Caboda - Oral Re:
Supervisors not present to hear grievances; requested the
Board make Orange County a sanctuary County for parents,
create a resolution to make Orange County a 'Parents Right to
Know' County and follow the City of Huntington Beach and the
Orange County Board of Education; families will be devastated
by AB1955; use political power and speak up for constituents
and stand up against Sacramento |
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Alfred Benoit - Oral Re:
Discussed what has transpired with the medical system during
COVID which is against American values and removal of informed
consent under the law; legal structure changes during COVID at
the public's expense; medical countermeasures are not safe or
effective; COVID vaccine mortality report; vaccines increase
chances of testing positive for COVID |
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John
Spring - Oral Re: List of unreported incidents related to a
young girl/woman; confined to a studio apartment and
impregnated by her captors while still underage and received
an abortion; bruises and scars from being tortured |
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Roseann - Oral Re: New
California; Reorganized California State held second
constitutional convention following the West Virginia model to
statehood where ordinances were passed; portion of ordinance
was read into the record |
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Name not provided - Oral
Re: Continued reading of ordinance passed by Reorganized
California State |
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Name not provided - Oral
Re: Continued reading of ordinance passed by Reorganized
California State |
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Name not provided - Oral
Re: Continued reading of ordinance passed by Reorganized
California State |
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Name not provided - Oral
Re: Continued reading of ordinance passed by Reorganized
California State |
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Urson Russell - Oral Re:
Requested to place elections on the agenda; Bob Page
unqualified in the position as the Registrar of Voters; played
audio of Harry Haury who co-authored Help America Vote Act and
risks of violating federal law through certifications of
elections that are uncertifiable |
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Eileen McDermott - Oral
Re: Board of Supervisors betrayed and are traitors to We the
People, ignored evidence of election fraud, enforced COVID
mandates, shut down the County and businesses, forced mandates
and face coverings and pushed vaccines; quoted Jesus Christ;
Donald Trump removed central casting who committed crimes
against humanity; Board will not be in their positions until
the end of the year and doesn't know when they will be taken
out |
COUNTY
EXECUTIVE OFFICER COMMENTS:
|
Michelle
Aguirre - Oral Re: Kickoff of the Strategic Financial Plan
and opportunity for public comments to be considered
during the County's Strategic Financial Planning Process is
now open through August 30, 2024 |
ADJOURNED:2:06 P.M.
BOARD
COMMENTS:
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None |
***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 |