REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA


Tuesday, August 22, 2023,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

400 W. Civic Center Drive

Santa Ana, California

 

 

DONALD P. WAGNER

CHAIRMAN

Third District

 

 

ANDREW DO

VICE CHAIRMAN

First District

 

 


 

VICENTE SARMIENTO

SUPERVISOR

Second District

 

 

 

DOUG CHAFFEE

SUPERVISOR

Fourth District

 

 

KATRINA FOLEY

SUPERVISOR

Fifth District

 

ATTENDANCE:Supervisors: Wagner, Sarmiento and Foley

 

EXCUSED:Supervisors: Do and Chaffee

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Robin Stieler

 

INVOCATION:Supervisor Foley, Fifth District, gave the invocation

 

PLEDGE OF ALLEGIANCE:Supervisor Sarmiento, Second District, led the assembly in the Pledge of Allegiance

 

I.PRESENTATIONS/INTRODUCTIONS

 

Chairman Wagner presented a resolution proclaiming August 2023 as "Child Support Awareness Month"

 

Supervisor Sarmiento presented a resolution proclaiming August 2023 as "Chicano Heritage Month"

 

Supervisor Foley presented a resolution to John Wayne Airport celebrating 100 Years of Flight

 

II.CONSENT CALENDAR (Items 1-10)

 

52143
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APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 7 WHICH WAS CONTINUED TO 9/12/23, 9:30 A.M.; AND ITEMS 6 AND 8 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

1.

Vice Chairman Do - Assessment Appeals Board No. 1 - Reappoint Ha M. Mach, Westminster, for term ending 9/6/26

 

 

Supervisor Chaffee:

 

2.

Assessment Appeals Board No. 1 - Reappoint Ryan Christopher Bushore, Anaheim, for term ending 9/6/26

 

3.

Assessment Appeals Board No. 4 - Appoint Scott Lee, Fullerton, for term ending 9/6/26

 

ELECTED DEPARTMENT HEADS

 

 

District Attorney:

 

4.

Adopt resolution approving FY 2022-2023 Federal Equitable Sharing Agreement and Certification Report - All Districts

 

RESO: 23-102

 

5.

Approve Real Estate Fraud Prosecution Annual Report, FY 2022-23 pursuant to Government Code Section 27388 (d) - All Districts

 

OC COMMUNITY RESOURCES

 

6.

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 2022-23 and submit to U.S. Department of Housing and Urban Development - All Districts

25143
  XX

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

7.

Adopt resolution vacating excess ingress and egress easement, Lot 4, Tract No. 16457; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15305 and other related findings - District 5

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CONTINUED TO 9/12/23, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

8.

Clerk of the Board - Approve subordinate contract MA-011-23011453 with Matrix Imaging Products, Inc. for scanning, indexing, redaction and imaging services, 9/1/23 - 5/6/27 ($800,000); and authorize County Procurement Officer or Deputized designee to execute contract - All Districts

52143
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APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

9.

Acting as the Orange County Flood Control District - Approve Purchase and Sale agreement and Quitclaim Deed with City of Anaheim for sale of parcel E01-1206.2 for park purposes; authorize Chief Real Estate Officer or designee to execute agreement Quitclaim Deed and make minor modifications under certain conditions; adopt resolution finding Orange County Flood Control District property E01-1206.2 being conveyed to City of Anaheim is exempt surplus land pursuant to Surplus Land Act and State of California's Department of Housing and Community Development Guidelines regarding Surplus Land Act; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15312 - District 2

 

RESO: 23-103

 

10.

Approve restated and amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County - All Districts

END OF CONSENT CALENDAR

 


III.DISCUSSION ITEMS (Items 11-S33R)

 

ELECTED DEPARTMENT HEADS

 

 

Auditor-Controller:

 

11.

Approve amendment 3 to contract MA-003-20011379 with WorkForce Software, LLC for OC TIME attendance and time system, term ending 4/27/24 ($315,000; new total $5,086,278); renewable for one additional one-year term ($473,450; cumulative total $5,559,728); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

52143
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APPROVED AS RECOMMENDED

 

12.

Approve contract MA-003-23011564 with Sycomp A Technology Company, Inc., for provision, installation, software and support of servers, control enclosure, storage networking switch with ancillary hardware and software, four-year term ($667,352); and authorize County Procurement Officer or Deputized designee to execute contract - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

13.

Approve amendment 6 to contract MA-060-18010732 with Idemia Identity & Security USA LLC for Livescan/biometric capture stations, equipment, accessories, supplies, software and maintenance, 8/22/23 - 8/21/24 ($386,355; cumulative total $2,599,595); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

25143
  XX

APPROVED AS RECOMMENDED

 

14.

Approve amendment 1 to contract MA-060-21010188 with Rancho Santiago Community College District for tuition/registration fees for criminal justice classes, 10/1/23 - 9/30/25 ($596,000; cumulative total $1,490,000); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

25143
  XX

APPROVED AS RECOMMENDED

 

15.

Approve amendment 1 to contract MA-060-21010186 with Rancho Community College District for use of district facilities and instructional services, 10/1/23 - 9/30/25 ($625,000 total revenue; cumulative total $3,125,000); and authorize County Procurement Officer or Deputized designee to execute amendment - Districts 2 and 3

23145
  XX

APPROVED AS RECOMMENDED

 

16.

Approve amendment 1 to contract MA-060-21011835 with Evolution MS, Inc., dba Premier Computing for help desk support for commissary operations system, 11/9/23 - 11/8/24 ($26,000; cumulative total $74,000); renewable for two additional one-year terms; and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

25143
  XX

APPROVED AS RECOMMENDED

 

HEALTH CARE AGENCY

 

17.

Ratify standard agreement 23-78009-000 with California Department of State Hospitals for Forensic Conditional Release Program, 7/1/23 - 6/30/26 ($2,493,421 annually; cumulative total $7,480,263); and authorize Director or designee to execute agreement and related documents - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

18.

Approve selection of and contract MA-042-23010683 with Altarum Institute for multi-drug resistant organism data exchange software, 9/23/23 - 9/22/26 ($3,595,000); renewable for one additional two-year term; and authorize County Procurement Officer or Deputized designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute contract - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

19.

Approve amendment 3 to contract MA-042-21011285 with Telecare Corporation for assisted outpatient treatment full service partnership services, 10/1/23 - 6/30/24 ($1,721,503; aggregate cumulative total $11,781,088); and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

25143
  XX

APPROVED AS RECOMMENDED

 

20.

Approve amendment 2 to master contract and individual contracts MA-042-22010436 with America On Track, Community Action Partnership of Orange County and OneOC for CalFresh Healthy Living services, 10/1/23 - 9/30/24 ($931,278; aggregate cumulative total $3,257,278); renewable for two additional one-year terms; and authorize County Procurement Officer of Deputized designee to execute amendments - Districts 1, 2, 3 and 4

25143
  XX

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

21.

Approve amendment 1 to contract MA-012-23010702 with Sean Fulton for consulting services for OC Animal Care, 9/6/23 - 9/5/24 ($132,000; cumulative total $207,000); and authorize County Procurement Officer or Deputized designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute amendment - All Districts

B.O.

CONTINUED TO 9/12/23, 9:30 A.M.

 

OC PUBLIC WORKS

 

22.

Approve amendment 1 to contract MA-080-23010239 with Omni Enterprise, Inc. for janitorial services, term ending 12/18/25 ($149,986; cumulative total $1,649,842); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

25143
  XX

APPROVED AS RECOMMENDED

 

23.

Acting as the Board of Supervisors and Orange County Flood Control District - Approve aggregate contracts MA-080-23011241 with various contractors for mitigation maintenance services, three-year term (aggregate total $2,250,000); renewable for an additional two-year term; authorize County Procurement Officer or Deputized designee to execute contracts; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Sections 15301 and 15304 - All Districts

B.O.

CONTINUED TO 9/12/23, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

24.

Clerk of the Board - Approve amendment 6 to renew contract MA-011-18010445 with Granicus, LLC for Comprehensive Agenda Management Solution software maintenance and technical support, 9/1/23 - 8/31/24 ($90,250; cumulative total $533,338); and authorize County Procurement Officer or Deputized designee to execute amendment - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

25.

Approve recommended positions on introduced or amended legislation and/or consider other legislative subject matters; approve proposed list of County of Orange 2024 Water Resources Development Act (WRDA) priorities; and direct CEO/Legislative Affairs and OC Public Works to submit priorities to Orange County Federal Delegation members - All Districts

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APPROVED AS AMENDED TO REQUEST STAFF INCLUDE IN LETTER TO ORANGE COUNTY'S STATE LEGISLATIVE DELEGATION REQUESTING LEGISLATION BE AMENDED AS FOLLOWS TO SB 326 (EGGMAN) BEHAVIORAL HEALTH SERVICES ACT.INSTEAD OF SPECIFYING RIGID PROGRAM CATEGORY PERCENTAGE REQUIREMENTS, PROVIDE MORE FLEXIBILITY WITHIN THE FUNDING CATEGORIES BY ESTABLISHING TARGET PERCENTAGE RANGES OR MINIMUM PERCENTAGE FLOORS, OR ALLOW FUND TRANSFERS BETWEEN PROGRAM CATEGORIES, TO ALLOW COUNTIES TO RESPOND TO ECONOMIC FLUCTUATIONS AND BETTER MEET LOCAL NEEDS AND PRIORITIES; REMOVE THE STRICT SUBCATEGORY PERCENTAGE REQUIREMENTS TO ALLOW COUNTIES TO PROVIDE CONSISTENT/STABLE FUNDING FOR PROGRAMS AND SUCCESSFULLY MEET THE UNIQUE NEEDS OF THEIR COMMUNITIES; PROVIDE TIME/PHASE-IN FOR TRANSITION TO THE NEW CATEGORY REQUIREMENTS, THE REVISED PLANNING PROCESS, AND ENHANCED REPORTING REQUIREMENTS WHICH WILL REQUIRE ADDITIONAL STAFFING, TRAINING, TECHNICAL ASSISTANCE, AND SYSTEM CHANGES; AND ALLOW COUNTIES WHO HAVE BUILT THEIR SYSTEM OF CARE WITH THE MENTAL HEALTH SERVICES ACT FUNDING BE ALLOWED MORE FLEXIBILITY FOR CAPITAL FUNDING FOR HOUSING AND ALLOW EXISTING PROGRAMS TO HAVE A PHASE OUT PERIOD BEFORE FUNDING IS CUT; AND DIRECTED OC PUBLIC WORKS TO REQUEST THE ARMY CORPS OF ENGINEERS CONDUCT AN ANALYSIS OF THE SANTIAGO CREEK PROJECT AS IT PERTAINS TO THE AREA BETWEEN 5 FREEWAY AND BRISTOL AVENUE REGARDING WATER CONSERVATION AND CREEK HABITATION PROTECTION.

 

26.

Approve retroactive Assignment, Novation and Consent Agreement and amendment 3 to contract MA-017-19010041 for name change assignment from Horizon Lab Systems, LLC to Clinisys, Inc. for horizon laboratory information management system, effective 9/29/22; and authorize County Procurement Officer or Deputized designee to execute agreement and amendment - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

27.

Approve amendment 6 to contract MA-017-22011885 with Friendship Shelter, Inc. for coordinated entry system for individuals ($63,000; cumulative total $1,570,543); approve amendment 1 to contract MA-017-23011272 with Charitable Ventures of Orange County for coordinated entry system for families ($63,000; cumulative total $903,000); and authorize County Procurement Officer or Deputized designee to execute amendments - All Districts

25143
  XX

APPROVED AS RECOMMENDED

 

28.

Approve lease with City of Garden Grove for Garden Grove Main Branch Library at 11200 Stanford Avenue, 15-year term commencing 9/1/23; renewable for two additional ten-year terms; authorize Chief Real Estate Officer or designee to execute subsequent amendments under certain conditions; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15301 - District 1

35124
  X X

APPROVED AS RECOMMENDED

 

29.

Approve amended County Policy for Title II ADA Compliance and County's Grievance Policy and Procedure under Americans with Disabilities Act and Grievance and Complaint Manual; and authorize County Executive Officer or designee to maintain Grievance and Complaint Manual and make minor, non-material changes as needed, upon approval from County Counsel - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

30.

Approve grant applications/awards submitted by John Wayne Airport, OC Community Resources, Health Care Agency, Sheriff Coroner and District Attorney, and retroactive grant applications/awards submitted by Health Care Agency in 8/22/23 grant report and other actions as recommended; approve cooperative agreement with City of Anaheim for Housing Opportunities for Persons with AIDS Program, 7/1/23 - 6/30/24 ($938,000); and authorize HCA Director or designee to execute future amendments under certain conditions; adopt resolution authorizing Sheriff-Coroner or designee to complete and execute agreement for Transfer of Equipment/Services with California Office of Emergency Services for 2022 Urban Areas Security Initiative; adopt resolutions authorizing District Attorney or designee to execute grant award agreements and amendments with California Department of Insurance for Life and Annuity Consumer Protection Program ($94,875), Disability and Healthcare Insurance Fraud Program ($1,061,508) and Workers' Compensation Insurance Fraud Program ($7,742,740), 7/1/23 - 6/30/24; and making California Environmental Quality Act (CEQA) exemption findings pursuant to CEQA Guidelines Section 15061(b)(3) and other findings - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

RESO: 23-104 - 23-107

 

31.

Approve proposed response to FY 2022-23 Grand Jury Report "Welcome to the Neighborhood. Are cities responsibly managing the integration of group homes?" - All Districts

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APPROVED WITH AMENDMENT TO RESPONSE FOR RECOMMENDATION 4 (R.4) TO READ AS FOLLOWS:THIS RECOMMENDATION REQUIRES FURTHER ANALYSIS. INDIVIDUAL SUPERVISORS ARE ALREADY COLLABORATING WITH STAKEHOLDERS IN THEIR DISTRICTS WHERE THESE ISSUES ARE RELEVANT. THE COUNTY REGULARLY INFORMS STATE LEGISLATIVE LEADERS ON THE NEED FOR REFORM. IN 2022, THE CALIFORNIA SOBER LIVING AND RECOVERY TASK FORCE WAS ESTABLISHED BY THE CITY OF MISSION VIEJO, WITH THE GOAL OF WORKING COLLABORATIVELY TO ADDRESS ISSUES RELATED TO THE PROLIFERATION OF SOBER LIVING AND RECOVERY HOMES. IMPACTED CITIES, STATE OFFICIALS, AND LAW ENFORCEMENT HAVE JOINED THAT GROWING TASK FORCE AND THEY BEGAN MEETINGS IN 2023. THE COUNTY BOARD OF SUPERVISORS FORMED THE "GROUP HOME/SOBER LIVING AD HOC" IN 2022 TO EXPLORE ISSUES RELATED TO SOBER LIVING HOMES IN ORANGE COUNTY, INCLUDING THE EFFECTIVENESS OF CURRENT POLICIES, AND THE POTENTIAL NEED FOR UPDATED POLICY RECOMMENDATIONS FOR THE COUNTY AND OTHER LOCAL JURISDICTIONS.

 

32.

Registrar of Voters - Approve contract MA-031-23011658 with DMT Solutions Global Corporation dba Bluecrest for Intellijet 20 HD printer and finishing equipment hardware maintenance and software licensing maintenance, 9/27/23 - 9/26/28 ($1,336,595); and authorize County Procurement Officer or Deputized designee to execute contract, make future non-monetary and non-material changes and exercise cost contingency increase not to exceed 10% under certain conditions - All Districts

52143
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APPROVED AS RECOMMENDED

 

33.

Supervisor Foley - Receive and file status report and terminate local emergency for 2022-2023 winter storms (Continued from 3/14/23, Item S38L; 5/9/23, Item 38; 6/27/23, Item 77)

52143
  XX

APPROVED AS RECOMMENDED

 

 

Chairman Wagner:

 

S33A.

Approve addition of Health and Wellness Fairs to County Events Calendar; and make related findings per Government Code Section 26227

35124
  X X

APPROVED AS RECOMMENDED

 

S33B.

Assessment Appeals Board No. 4 - Appoint Spring Chen, Irvine, for term ending 9/6/26

32145
  XX

APPROVED AS RECOMMENDED

 

 

Supervisor Sarmiento:

 

S33C.

Receive and file presentation and status update from Office of Independent Review

 

RECEIVED AND FILED

 

S33D.

Assessment Appeals Board No. 4 - Appoint Steven White, Anaheim, for term ending 9/6/26

25143
  XX

APPROVED AS RECOMMENDED

 

S33E.

Chairman Wagner - Orange County HIV Planning Council - Appoint Jazmina Castillo, Aliso Viejo, Josie Lopez, Yorba Linda and Kming Rosenthal, Rancho Santa Margarita, for terms ending 12/31/24

35124
  X X

APPROVED AS RECOMMENDED

 

S33F.

Supervisor Sarmiento - Acting as Orange County Housing Authority - Housing and Community Development Commission - Appoint Tracy La, Santa Ana, for term ending 6/30/25

23145
  XX

APPROVED AS RECOMMENDED

 

 

Sheriff-Coroner:

 

S33G.

Approve FY 2022-23 Federal Equitable Sharing Agreement and Certification for federally forfeited property or proceeds received for Sheriff-Coroner Department - All Districts

35124
  X X

APPROVED AS RECOMMENDED

 

S33H.

Approve amendment 1 to contract MA-060-20011594 with Siemens Industry Inc. for preventative maintenance and repairs to Theo Lacy Facility and Coroner Facility energy management system hardware and software, 9/1/23 - 8/31/24 ($165,784; cumulative total $535,216); renewable for one additional one-year term; and authorize County Procurement Officer or Deputized designee to execute amendment - District 2

25143
  XX

APPROVED AS RECOMMENDED

 

 

County Executive Office:

 

S33I.

Approve and adopt 2023-2026 Memorandum of Understanding (MOU) with Orange County Managers Association, 6/30/23 - 6/25/26; and authorize County Executive Officer or designee to execute MOU - All Districts

52143
  XX

APPROVED AS RECOMMENDED

 

S33J.

Approve ten-year lease agreement with Milan OFC, LLC for office space for Orange County Information Technology at 721 South Parker Street, Orange; authorize Chief Real Estate Officer or designee to execute lease and subsequent amendments under certain conditions; and make California Environmental Quality Act (CEQA) exemption findings under CEQA Guidelines Section 15301 - District 2

23145
  XX

APPROVED AS RECOMMENDED

 

S33K.

Supervisor Sarmiento - Approve addition of Fall Festival events to County Events Calendar; and make related findings per Government Code Section 26227

25143
  XX

APPROVED AS RECOMMENDED

 

S33L.

Chairman Wagner - Adopt resolution recognizing September 22, 2023 as "California Native American Day" as an official observance

32145
  XX

APPROVED AS RECOMMENDED

 

RESO: 23-108

 

S33M.

Supervisor Sarmiento - Approve reallocation use of $100,000 from 5/4/23 item S38E from Second District's discretionary ARPA funding allocation towards local youth leadership programs, camps and educational programs, County department programs and projects and unfunded Second District projects that meet Government Code Section 26227; make related findings per Government Code Section 26227; and authorize County Executive Officer or designee to negotiate and enter into agreements as necessary

25143
  XX

APPROVED AS RECOMMENDED

 

 

Supervisor Foley:

 

S33N.

Coto de Caza Planning Advisory Committee - Reappoint Michael King, Trabuco Canyon and Gilad Ganish, Coto de Caza, for terms concurrent with 5th District Supervisor's term of office

52143
  XX

APPROVED AS RECOMMENDED

 

S33O.

Assessment Appeals Board No. 1 - Appoint David Prince, Newport Beach, to complete term ending 9/1/24

52143
  XX

APPROVED AS RECOMMENDED

 

S33P.

Assessment Appeals Board No. 2 - Appoint Wendy Rianda, Costa Mesa, to complete term ending 8/31/25

52143
  XX

APPROVED AS RECOMMENDED

 

S33Q.

Assessment Appeals Board No. 3 - Appoint Barbara Borkowski, San Juan Capistrano, to complete term ending 9/1/24

52143
  XX

APPROVED AS RECOMMENDED

 

S33R.

Orange County Waste Management Commission - Reappoint Joe Soto, San Juan Capistrano, for term concurrent with 5th District Supervisor's term of office

52143
  XX

APPROVED AS RECOMMENDED

 

IV.PUBLIC HEARINGS (None)

 

V.CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:Colette Farnes, Chief Human Resources Officer
Employee Organizations:Association of Orange County Deputy Sheriffs (AOCDS), Orange County Attorneys Association (OCAA), International Union of Operating Engineers (IUOE), Association of County Law Enforcement Managers (ACLEM), American Federation of State, County and Municipal Employees (AFSCME), Orange County Managers Association (OCMA), Teamsters, and other non-represented employees
RE:Terms and Conditions of Employment

B.O.

HELD, NO REPORTABLE ACTION

 

 

County Counsel:

 

SCS2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:Orange County Flood Control District v. Carson Chino South LLC, et al., San Bernardino Superior Court Case No. CIVSB 2310050

B.O.

ON A VOTE OF 3-0, WITH CHAIRMAN WAGNER, AND SUPERVISOR SARMIENTO AND SUPERVISOR FOLEY VOTING YES, AND SUPERVISOR DO AND SUPERVISOR CHAFFEE BOTH ABSENT, THE BOARD APPROVED A PROPOSED SETTLEMENT IN THE MATTER OF ORANGE COUNTY FLOOD CONTROL DISTRICT V. CARSON CHINO SOUTH LLC, ET AL., SAN BERNARDINO COUNTY CASE NO. CIVSB 2310050, WHICH IS EMINENT DOMAIN LITIGATION INVOLVING THE ACQUISITION OF FLOWAGE EASEMENTS NECESSARY FOR THE PRADO DAM/SANTA ANA RIVER MAINSTEM PROJECT.AS PART OF THE SETTLEMENT, THE BOARD AUTHORIZES PAYMENT OF THE ADDITIONAL SUM OF $125,000 FOR A TOTAL OF $1,307,000 IN JUST COMPENSATION.THE BOARD AUTHORIZES ALL ACTIONS NECESSARY TO ACCOMPLISH THESE DIRECTIVES BY THE AUDITOR-CONTROLLER AND COUNTY COUNSEL, INCLUDING FILING AND EXECUTING ALL NECESSARY DOCUMENTS FOR SETTLEMENT.UPON COMPLETION AND EXECUTION OF SETTLEMENT DOCUMENTS, THE BOARD AUTHORIZES AND DIRECTS THE AUDITOR-CONTROLLER TO ENCUMBER AND TRANSFER FUNDS TO THE PROPERTY OWNER, OR ALTERNATIVELY, TO THE STATE CONDEMNATION DEPOSITS FUND, IN THE AMOUNT OF $125,000 FROM THE FUND 404 RESERVE ACCOUNT.THE SETTLEMENT DOCUMENTS WILL REQUIRE THE FINAL APPROVAL OF OTHERS.WHEN THE SETTLEMENT DOCUMENTS ARE FINALIZED, COPIES OF THE DOCUMENTS WILL BE MADE AVAILABLE THROUGH THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES.

 

SCS3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:Orange County Flood Control District v. Carson Chino South LLC, et al., San Bernardino Superior Court Case No. CIVSB 2310014

B.O.

ON A VOTE OF 3-0, WITH CHAIRMAN WAGNER, AND SUPERVISOR SARMIENTO AND SUPERVISOR FOLEY VOTING YES, AND SUPERVISOR DO AND SUPERVISOR CHAFFEE ABSENT, THE BOARD APPROVED A PROPOSED SETTLEMENT IN THE MATTER OF ORANGE COUNTY FLOOD CONTROL DISTRICT V. CARSON CHINO SOUTH LLC, ET AL., SAN BERNARDINO COUNTY CASE NO. CIVSB 2310014, WHICH IS EMINENT DOMAIN LITIGATION INVOLVING THE ACQUISITION OF FLOWAGE EASEMENTS NECESSARY FOR THE PRADO DAM/SANTA ANA RIVER MAINSTEM PROJECT.AS PART OF THE SETTLEMENT, THE BOARD AUTHORIZES PAYMENT OF THE ADDITIONAL SUM OF $125,000 FOR A TOTAL OF $1,620,000 IN JUST COMPENSATION.THE BOARD AUTHORIZES ALL ACTIONS NECESSARY TO ACCOMPLISH THESE DIRECTIVES BY THE AUDITOR-CONTROLLER AND COUNTY COUNSEL, INCLUDING FILING AND EXECUTING ALL NECESSARY DOCUMENTS FOR SETTLEMENT.UPON COMPLETION AND EXECUTION OF SETTLEMENT DOCUMENTS, THE BOARD AUTHORIZES AND DIRECTS THE AUDITOR-CONTROLLER TO ENCUMBER AND TRANSFER FUNDS TO THE PROPERTY OWNER, OR ALTERNATIVELY, THE STATE CONDEMNATION DEPOSITS FUND, IN THE AMOUNT OF $125,000 FROM THE FUND 404 RESERVE ACCOUNT.THE SETTLEMENT DOCUMENTS WILL REQUIRE THE FINAL APPROVAL OF OTHERS.WHEN THE SETTLEMENT DOCUMENTS ARE FINALIZED, COPIES OF THE DOCUMENTS WILL BE MADE AVAILABLE THROUGH THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES.

 

SCS4.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:Orange County Flood Control District v. Watson Land Company, et al., San Bernardino Superior Court Case No. CIVSB 2310047

B.O.

ON A VOTE OF 3-0, WITH CHAIRMAN WAGNER, AND SUPERVISOR SARMIENTO AND SUPERVISOR FOLEY VOTING YES, AND SUPERVISOR DO AND SUPERVISOR CHAFFEE ABSENT, THE BOARD APPROVED A PROPOSED SETTLEMENT IN THE MATTER OF ORANGE COUNTY FLOOD CONTROL DISTRICT V. WATSON LAND COMPANY, ET AL., SAN BERNARDINO COUNTY CASE NO. CIVSB 2310047, WHICH IS EMINENT DOMAIN LITIGATION INVOLVING THE ACQUISITION OF FLOWAGE EASEMENTS NECESSARY FOR THE PRADO DAM/SANTA ANA RIVER MAINSTEM PROJECT.AS PART OF THE SETTLEMENT, THE BOARD AUTHORIZES PAYMENT OF THE ADDITIONAL SUM OF $125,000 FOR A TOTAL OF $1,094,000 IN JUST COMPENSATION.THE BOARD AUTHORIZES ALL ACTIONS NECESSARY TO ACCOMPLISH THESE DIRECTIVES BY THE AUDITOR-CONTROLLER AND COUNTY COUNSEL, INCLUDING FILING AND EXECUTING ALL NECESSARY DOCUMENTS FOR SETTLEMENT.UPON COMPLETION AND EXECUTION OF SETTLEMENT DOCUMENTS, THE BOARD AUTHORIZES AND DIRECTS THE AUDITOR-CONTROLLER TO ENCUMBER AND TRANSFER FUNDS TO THE PROPERTY OWNER, OR ALTERNATIVELY, THE STATE CONDEMNATION DEPOSITS FUND, IN THE AMOUNT OF $125,000 FROM THE FUND 404 RESERVE ACCOUNT.THE SETTLEMENT DOCUMENTS WILL REQUIRE THE FINAL APPROVAL OF OTHERS.WHEN THE SETTLEMENT DOCUMENTS ARE FINALIZED, COPIES OF THE DOCUMENTS WILL BE MADE AVAILABLE THROUGH THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES.

 

VI.PUBLIC, CEO, ADJOURNMENT & BOARD COMMENTS

 

PUBLIC COMMENTS:

 

Kimberly O'Neill - Oral re: Roads in Orange County are horrible and need to be repaired; people need to respect our roads; issue of theft occurring at Gucci at South Coast Plaza in Costa Mesa, jewelry store in Irvine and Louis Vuitton at Fashion Island in Newport Beach; stores closing in San Francisco and does not want that to happen in Orange County

 

Stella - Oral re: Trust and believe leaders are sincere in wanting to help citizens achieve changes; opt out of the Voters Choice Act; public lost trust in election integrity; return to precinct voting; no voting machines

 

Esther - Oral re: Voting machines are connected to the internet; wireless medical device verifies that voting machines can be hacked into

 

Eileen McDermott - Oral re: Veterans bravely fought for all of us; 60 % of voting public say they believe there was election fraud; duty is to the population and the State and Federal Constitutions; President Trump Executive order 13848 and interference with elections; elections were stolen

 

Michelle - Oral re: Missouri symposium regarding state of elections; irregularities that occurred with the last two elections; restore faith in the election systems; anomalies found in Orange County elections

 

Joette - Oral re: Election fraud; last three elections had more votes than voters; ballot boxes allow ballot trafficking; violations of election laws; 2,000 Mules; Hart machines

 

Pearl Boelter - Oral re: Lost trust in Orange County's elections; elections no longer recognizable; Voters Choice Act reduced in-person voting; consider opting out of the Voters Choice Act and return to precinct voting

 

Kate - Oral re: Benefits of precinct voting; tropical storm and elevated bacteria

 

Cheryl - Oral re: Ballots mailed versus registered voters; ballots returned undeliverable; cost for mail in ballots is too high; Biolab in Orange County handles RSV and other viruses; fear of virus escaping from labs

 

Bryan Kaye - Oral re: Block the hate; mental illness and use of derogatory names

 

Paul Hyke - Oral re: Bring Friendship Shelter agreement to the Board of Continuing Care; Mercy House runs Kraemer shelter like a prison; no walk in-out; need good inspectors for housing; clean up shelters, help and hire the homeless to run the shelters and use the former Marine Corp base in Irvine for the homeless

 

Florita - Oral re: Election trust and voter turn-out; changes resulting from Voters Choice Act; returning to precinct model will make it easier to align votes to voters; verifiable chain of custody when limiting elections to one day; cost savings using precinct model

 

Roseann - Oral re: Article by Nationwide Cellular Networks connecting election equipment to precincts; real time monitoring of election data and the ability to change the results

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

ADJOURNED:1:16 P.M.

23145
  XX

Adjourned in memory of Howard Whittaker

 

53124
  X X

Adjourned in memory of Jac G. Wood and Keith Van Holt

 

BOARD COMMENTS:

None

 

 

***KEY***

Left Margin Notes

 

 

 

1. = Supervisor Do

A.=Abstained

2. = Supervisor Sarmiento

X.=Excused

3. = Supervisor Wagner

N.=No

4. = Supervisor Chaffee

BO=Board Order

5. = Supervisor Foley

 

 

 

ORD.= Ordinance

 

RESO. = Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

Chairman, Orange County Board of Supervisors

 

 

 

 

Orange County Clerk of the Board