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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:Supervisors Wagner, Chaffee,
Sarmiento and Foley
EXCUSED:Supervisor
Do
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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:Supervisor
Foley, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE:Chairman
Wagner, Third District, led the assembly in the Pledge of Allegiance
I.PRESENTATIONS/INTRODUCTIONS
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Chairman
Wagner recognized the 2024 National Association of Counties
Achievement Award Winners |
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Supervisor Sarmiento
will be presenting a resolution recognizing August 6, 2024 as
"Bolivian Independence Day" |
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DELETED |
II.CONSENT CALENDAR (Items 1-12)
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52143
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APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEM 10 WHICH WAS PULLED FOR
DISCUSSION AND SEPARATE VOTE
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BOARD
APPOINTMENTS
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1.
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Supervisor Foley - Assessment
Appeals Board No. 4 - Reappoint David C. Goldwasser, Costa
Mesa, for term ending 9/5/27 |
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Chairman
Wagner: |
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2.
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Orange
County HIV Planning Council - Appoint Roberta E. Cone,
Newport Beach, Nsele M. Nsuangani, Sacramento and Karly
Rubly, Laguna Niguel, for terms ending 12/31/25 |
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3.
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Approve
revised 2024 Chairman appointment to Orange County Housing
Finance Trust |
ELECTED
DEPARTMENT HEADS
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4.
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Clerk-Recorder - Approve
and consent to change in ownership structure of Extract
Systems LLC to continue providing Auto-Indexing and
Redaction Software and maintenance services pursuant to
existing contract MA-059-22011525 - All Districts |
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5.
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District Attorney - Adopt
resolution approving FY 2023-24 Federal Equitable Sharing
Agreement and Certification Report - All Districts |
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RESO:
24-094 |
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Sheriff-Coroner:
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6.
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Approve
lease agreement with State Department of Forestry and Fire
Protection for intermittent, call-when-needed helicopter
services, one-year term; and authorize Sheriff-Coroner or
designee to execute lease agreement, related documents and
subsequent agreements under certain conditions - All Districts
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7.
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Approve
agreement 24112123 with State of California Commission on
Peace Officer Standards and Training (POST) for coroner
training courses, 9/1/24 - 6/30/25 ($195,374); and authorize
Sheriff-Coroner or designee to execute agreement - All
Districts |
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8.
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Approve
agreement with City of Anaheim for reimbursement of the
Hazardous Device Squad support during special events,
9/1/24 - 8/31/29; and authorize Sheriff-Coroner or designee to
execute agreement - Districts 2, 3 and 4 |
CHILD
SUPPORT SERVICES
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9.
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Approve
FY 2024-25 Plan of Cooperation with California Department of
Child Support Services for administration of Title IV-D
Program services, 10/1/24 - 9/30/25, renewable for four
additional one-year terms; and authorize Director or designee
to execute Plan of Cooperation and renewals under certain
conditions - All Districts |
OC
COMMUNITY RESOURCES
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10.
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Acting as the Orange
County Housing Authority - Authorize
Executive Director or designee and Chairperson of the
Board of Commissioners of the Orange County Housing Authority
to sign Section 8 Management Assessment Program Certification
for monitoring key areas of performance of Section 8 Housing
Choice Voucher Program, FY 2023-24 and submit to U.S.
Department of Housing and Urban Development - All Districts |
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42153
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APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County
Executive Office: |
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11.
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Acting
as the Orange County Flood Control District - Approve
Request for Proposals (RFP) to lease up to two segments
of Orange County Flood Control property, City of Orange;
authorize Chief Real Estate Officer or designee to issue RFP
under certain conditions and negotiate Option and Lease and
return to Board for final approval; adopt resolution finding
proposed Orange County Flood Control District property is
exempt surplus land pursuant to Surplus Land Act and other
findings; and make California Environmental Quality Act (CEQA)
exemption findings under CEQA Guidelines Section 15301 -
District 2 |
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RESO: 24-095 |
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12.
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Approve
Memorandum of Understanding (MOU) with Second Harvest Food
Bank of Orange County for rent-free license of up to 125
parking spaces, 100 Acre Parcel, MCAS El Toro, Irvine, term
ending 1/1/29; authorize Chief Real Estate Officer or designee
to execute MOU and related documents and perform related
actions under certain conditions; adopt resolution making
findings pursuant to Government Code 26227; and make
California Environmental Quality Act (CEQA) exemption findings
under CEQA Guidelines Section 15301 - District 3 |
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RESO: 24-096 |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 13-S22E)
HEALTH
CARE AGENCY
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13.
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Approve
amendment 2 to Master Contract MA-042-23010987 and
individual contracts with various providers of on-site
psychiatry and telepsychiatry services, term ending 3/31/26
($830,000; cumulative aggregate total $23,503,660); and
authorize County Procurement Officer or Deputized designee to
execute amendments - District 2 |
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25143
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APPROVED AS RECOMMENDED |
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14.
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Approve
amendment 3 to Master Contract MA-042-22010436 and
individual contracts with America On Track, Community
Action Partnership of Orange County and OneOC for CalFresh
Healthy Living services, 10/1/24 - 9/30/25 ($931,278;
cumulative aggregate total $4,188,556); renewable for one
additional one-year term; and authorize County Procurement
Officer or Deputized designee to execute amendments - All
Districts |
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25143
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APPROVED AS RECOMMENDED |
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15.
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Approve
Master Contract MA-042-20011926 with various licensed
clinical providers of professional services, 10/4/24 -
10/2/25 ($4,434,907); and authorize County Procurement Officer
or Deputized designee to execute individual contracts - All
Districts |
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25143
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APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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16.
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Approve
amendment 4 to contract MA-012-23010452 with Orange County's
United Way dba Orange County United Way for CalFresh
Expansion services, 10/1/24 - 9/30/25 ($135,253; cumulative
total $277,879); and authorize County Procurement Officer or
Deputized designee to execute amendment and future amendments
under certain conditions - All Districts |
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24153
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APPROVED AS RECOMMENDED |
OC
PUBLIC WORKS
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17.
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Award
contract MA-012-24011060 to C.W. Driver, LLC for
pre-construction phase services ($186,193); approve
model contract MA-012-24011666 with C.W. Driver, LLC for
construction phase services ($14,298,807) for Garden Grove and
La Habra Libraries Project; authorize Director or designee to
execute contracts; and make California Environmental Quality
Act (CEQA) Class 2 exemption findings under CEQA Guidelines
section 15302 - Districts 1 and 4 |
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43125
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APPROVED AS RECOMMENDED |
PUBLIC
PROTECTION
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Probation:
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18.
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Approve
amendment 1 to contract MA-057-22011675 with Universal
Protection Service, LP dba Allied Universal Security
Services for security guard services, 10/1/24 - 9/30/25
($1,300,000; cumulative total $4,055,000); renewable for one
additional one-year term; and authorize County Procurement
Officer or Deputized designee to exercise cost contingency
increase not to exceed 10% under certain conditions and
execute amendment - Districts 1, 2 and 5 |
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24153
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APPROVED
AS RECOMMENDED
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19.
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Approve
amendment 7 to contract MA-057-21010069 with Redwood
Toxicology Laboratory, Inc. for drugs and alcohol
screening products and services, 10/1/24 - 9/30/25
($3,000,000; cumulative total $11,152,669); and authorize
County Procurement Officer or Deputized designee to execute
amendment - All Districts |
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52143
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APPROVED
AS RECOMMENDED
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SOCIAL
SERVICES AGENCY
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20.
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Approve
amendment 3 to agreement WGM0719-A3 with Access California
Services for refugee social services, 10/1/24 - 9/30/25
($690,530; cumulative total $4,119,268); and authorize County
Procurement Officer or Deputized designee to make future
non-material changes under certain conditions and execute
amendment - All Districts |
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B.O.
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CONTINUED TO 9/10/24,
9:30 A.M.
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GENERAL
ADMINISTRATION
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County
Executive Office: |
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21.
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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
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22.
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Approve
grant applications/awards submitted by Health Care Agency,
OC Community Resources, District Attorney, OC Public
Works and Sheriff-Coroner in 8/27/24 grant report and other
actions as recommended; adopt resolutions authorizing District
Attorney or designee to execute grant award agreements with
California Department of Insurance for Disability and
Healthcare Insurance Fraud Program ($1,095,984), Life and
Annuity Consumer Protection Program ($116,906), and Workers'
Compensation Insurance Fraud Program ($8,553,472), 7/1/24 -
6/30/25; and making California Environmental Quality Act
(CEQA) exemption findings pursuant to CEQA Guidelines Section
15061(b)(3) and other findings - All Districts |
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54123
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APPROVED
AS RECOMMENDED
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RESO: 24-097 - 24-099
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S22A.
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Chairman Wagner - North
Tustin Advisory Committee - Reappoint John (Pat) Welsh,
Santa Ana, for term ending 3/31/26 |
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32145
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APPROVED AS RECOMMENDED |
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S22B.
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Supervisor Foley - Approve
addition of Olympian Parade, Dana Point Harbor, to County
Master Events Calendar; and make related findings per
Government Code Section 26227 |
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52143
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APPROVED AS RECOMMENDED |
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S22C.
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County Executive Office -
Approve
amendment 2 to lease agreement, revised Offer to Convey and
revised Purchase and Sale Agreement with Centurion Partners
Santa Ana, LLC for 1928 South Grand Avenue, Santa Ana ($100);
authorize Chief Real Estate Officer or designee to execute
amendments and related documents under certain conditions;
authorize additional expenditure ($50,000; new total $400,000)
for due diligence and other related costs; direct
Auditor-Controller to make related payments; and make
California Environmental Quality Act (CEQA) exemption findings
under CEQA Guidelines 15301 - District 2 |
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24153
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APPROVED AS RECOMMENDED |
ELECTED
DEPARTMENT HEADS
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Sheriff-Coroner:
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S22D.
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Adopt
resolution approving form of Facility Sublease with State
Department of Corrections and Rehabilitation,
designating Chair of the Board of Supervisors, County
Executive Officer, Chief Financial Officer, Sheriff-Coroner
and Sheriff-Coroner's Executive Director or their interim or
designees as Authorized Officers to execute the Facility
Sublease, related documents, amendments and agreements and
carry out related actions for execution of sublease and
issuance of bonds for James A. Musick Facility (AB 900 and SB
1022) project - Districts 3 and 5 |
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35124
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APPROVED
AS RECOMMENDED
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RESO: 24-100 |
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S22E.
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Approve
FY 2023-24 Federal Equitable Sharing Agreement and
Certification for federally forfeited property or
proceeds received for Sheriff-Coroner Department - All
Districts |
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54123
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APPROVED
AS RECOMMENDED
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IV.PUBLIC HEARINGS (Item 23)
ELECTED
DEPARTMENT HEADS
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23.
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District Attorney and
Clerk-Recorder - Public
Hearing to consider approving District Attorney Real
Estate Fraud Prosecution Annual Report, FY 2023-24; adopting
resolution approving increase to real estate fraud protection
fee collected by Orange County Clerk-Recorder from $3 to $8 on
certain specified real estate instruments, 10/1/24 - 9/30/27;
rescinding Resolution No. 24-017; and make California
Environmental Quality Act (CEQA) exemption findings under
Public Resources Code 21080(b)(8) and CEQA guidelines Section
15273 and other findings - All Districts |
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B.O.
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DELETED |
V.CLOSED SESSION
GENERAL
ADMINISTRATION
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County
Executive Office: |
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SCS1.
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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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SCS2.
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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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SCS3.
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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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COUNTY
COUNSEL READ: ON A VOTE OF 4-0, WITH SUPERVISOR DO ABSENT,
THE BOARD APPROVED THE DELEGATION OF LIMITED SETTLEMENT
AUTHORITY TO RISK MANAGEMENT TO RESOLVE THE MATTER OF
MARCUS RODRIGUEZ III ET AL V. COUNTY OF ORANGE, A CASE
THAT INVOLVES ALLEGATIONS OF FALSE ARREST, EXCESSIVE
FORCE, AND CIVIL RIGHTS VIOLATIONS ON THE PART OF DEPUTY
SHERIFF PERSONNEL WHO WERE INVESTIGATING CRIMES ALLEGEDLY
COMMITTED BY PLAINTIFF'S SON.
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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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COUNTY
COUNSEL READ: ON A VOTE OF 4-0, WITH SUPERVISOR DO ABSENT,
THE BOARD APPROVED THE DELEGATION OF LIMITED SETTLEMENT
AUTHORITY TO RISK MANAGEMENT IN THE MATTER OF PETER
CUNNINGHAM V. COUNTY OF ORANGE, A MATTER THAT INVOLVES AN
AUTOMOBILE ACCIDENT AND AN ALLEGED DANGEROUS CONDITION ON
LIVE OAK CANYON ROAD IN TRABUCO CANYON. |
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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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COUNTY
COUNSEL READ: ON A VOTE OF 4-0, WITH SUPERVISOR DO ABSENT,
THE BOARD APPROVED A PROPOSED $1,050,000 SETTLEMENT IN THE
MATTER OF SYED RAZA HUSSAIN V. COUNTY OF ORANGE. IN THIS
CASE INVOLVING AN OFFICER-INVOLVED SHOOTING, PLAINTIFF
ALLEGES UNLAWFUL SEARCH AND SEIZURE, UNLAWFUL DETENTION
AND ARREST, AND STATE LAW CLAIMS FOR BATTERY, NEGLIGENCE,
AND VIOLATIONS OF THE BANE ACT IN CONNECTION WITH LAW
ENFORCEMENT'S RESPONSE TO A 911 CALL CONCERNING A DOMESTIC
DISPUTE IN PLAINTIFF'S HOME. THE SETTLEMENT AGREEMENT
REQUIRES THE FINAL APPROVAL OF OTHERS. WHEN THE SETTLEMENT
IS FINALIZED, COPIES OF THE SETTLEMENT AGREEMENT WILL BE
MADE AVAILABLE THROUGH THE OFFICE OF CEO-RISK MANAGEMENT
TO ANY PERSON WHO INQUIRES. |
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SCS6.
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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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COUNTY
COUNSEL READ: ON A VOTE OF 4-0, WITH SUPERVISOR DO ABSENT,
THE BOARD APPROVED A PROPOSED $244,858.50 SETTLEMENT IN
THE MATTER OF STEWART RAWLINGS V. COUNTY OF ORANGE. IN
THIS WORKERS' COMPENSATION CASE, THE APPLICANT IS AN
ORANGE COUNTY SHERIFF'S DEPARTMENT SERGEANT WHO RETIRED
AFTER 30 YEARS OF SERVICE, AND ALLEGED CUMULATIVE TRAUMA
TO HIS BACK, RIGHT SHOULDER, AND CARDIOVASCULAR SYSTEM.
THE SETTLEMENT AGREEMENT REQUIRES THE FINAL APPROVAL OF
OTHERS. WHEN THE SETTLEMENT IS FINALIZED, COPIES OF THE
SETTLEMENT AGREEMENT WILL BE MADE AVAILABLE THROUGH THE
OFFICE OF CEO-RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
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SCS7.
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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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COUNTY COUNSEL READ: WITH RESPECT TO THE MATTER OF DAMON TUCKER V. COUNTY OF ORANGE, ORANGE COUNTY CASE NO. 30-2021-01200119, THE PLAINTIFF IN THIS EMPLOYMENT CASE, A DISTRICT ATTORNEY INVESTIGATOR, HAS REPORTEDLY ACCEPTED THE BOARD'S COUNTEROFFER, WHICH HAD BEEN APPROVED BY THE BOARD, ON A VOTE OF 3 TO 0, WITH CHAIRMAN WAGNER AND SUPERVISOR DO ABSENT, AS PART OF CS-1 ON JULY 23, 2024. THE SETTLEMENT AGREEMENT WILL REQUIRE THE FINAL APPROVAL OF OTHERS. WHEN THE SETTLEMENT AGREEMENT IS FINALIZED, COPIES OF THE SETTLEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE OF CEO-RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
VI.PUBLIC, CEO, ADJOURNMENT &
BOARD COMMENTS
PUBLIC
COMMENTS:
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Steve Rocco - Oral Re:
Received property tax bill with penalties attached and
appealed penalty; running for public office and has the same
enemies as Trump including Chapman University; monopoly on
crime and can kill anybody you want through consolidation;
number of words allowed under his name on ballot is different
than others; selling advertising in Registrar of Voter
pamphlets mailed to registered voters; election fraud and Bob
Page; Pakistani Day and killing of children in England;
assassination on Trump |
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Carol Graves - Oral Re:
Jurisdiction of the horses and animal cruelty by the Orange
County Fairgrounds CEO, Michelle Richards and her staff at the
OC Fairgrounds; horses have not been able to exercise which
has led to dangerous situation for the horses, handlers and
riders; advocate for horses because they helped her child who
is autistic; horses should not be pawns in a contract dispute
and receive exercise per codes and regulations of stalled
animals; requested Board intervene, change the situation and
have safety restored for horses, children and handlers |
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Mark Richard Daniels -
Oral Re: Requested Supervisor Do resign from office |
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Paul Hyek - Oral Re:
Recycling symbol displayed on some products but not others;
Ventura County requires eBike vendors to have a M1 license by
the Department of Motors Vehicles and cannot be purchased by
anyone under the age of 18 |
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Jeff Weaver - Oral Re:
Biofuel farm project for landfill at Prima Deshecha |
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Richard Larsen - Oral
Re: Concerns with those advocates against Orange County's
election system are without merit; recommended not changing
Orange County's voting system |
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Jackie Cordova - Oral
Re: Resident of Santa Ana; Supervisor Do and use of children
as a political ploy; misuse of COVID relief funds; We the
People filed a formal complaint against the County of Orange,
Frank Kim, Bob Page, Registrar of Voters and the Board of
Supervisors; Anaheim business leader probe in corruption of
COVID testing money |
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Name not provided - Oral
Re: Dr. Douglas Frank's analysis of voter rolls; requested to
schedule time to review evidence regarding massive voter fraud
in California and the unreliability of voting machines; return
to one day voting with paper ballots, no machines, proof of
citizenship, identification, signatures, hand counts and
totals produced and verified at the precinct level |
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Kate - Oral Re: Election
fraud and certification of the 2020, 2021 Newsom recall and
2022 elections; Kamala Harris was appointed and not voted in
by constituents for the 2024 election |
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Mary - Oral Re: Multiple
issues and laws have been ignored after numerous requests for
the Board to host a special meeting; active lawsuits regarding
elections; get rid of the Voters Choice Act, require proof of
citizenship and voting precincts; meeting regarding lithium
battery plant storage |
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Bryan Kaye - Oral Re:
Petitions and forged criminal plea agreement; criminal defense
attorney Rene Garcia committed fraud on the court by
recommending psychiatric evaluation |
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Gibran Stout - Oral Re:
Criminal neglect and abuse of horses at OC Fairgrounds; OC
Animal Care is responsible for enforcing all local, state and
federal laws; abuse of animals is criminal and a solution is
needed |
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Cheryl - Oral Re:
Misinformation about whether or not Bob Page and the Registrar
of Voters has been alerted to the concerns of elections; State
is not allowing Orange County to ensure free and fair
elections; requested meeting to discuss issues and concerns
regarding voting system; stop providing discretionary funds
until audits are conducted |
COUNTY
EXECUTIVE OFFICER COMMENTS:
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Michelle Aguirre - Oral
Re: Accepting public comments for the 2024 Strategic Financial
Plan on the County's website through August 30, 2024 |
ADJOURNED:1:11 P.M.
BOARD
COMMENTS:
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Vice Chairman Chaffee -
Oral Re: Metrolink is offering a $10 Holiday Pass on Labor Day
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Supervisor Sarmiento -
Oral Re: In-person townhall on August 28 at Grijalva Park in
the City of Orange to discuss the County's Fiscal Year
2024-2025 budget; County budget staff will present information
and answer questions; investigation that has been opened
against Viet American Society that the County does business
with which is unsettling for the public and County staff;
demanded Supervisor Do step down from office; requested the
Board censure Supervisor Do |
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Supervisor Foley - Oral
Re: Hosting General Plan Update Workshop tonight at the Muth
Center in Back Bay, Newport Beach; hosting an Orange County
Public Works Active Transportation Community Open House on
August 28 at the Muth Center in Back Bay, Newport Beach;
hosting Olympian Parade at Dana Point Harbor on September 8;
announced the International Irish Step Dancing Day Showcase at
the William R. Mason Regional Park on September 17; called on
Supervisor Andrew Do to immediately resign from the Board of
Supervisors; will pursue all legal avenues to have Supervisor
Do removed if he does not resign; agenda item to remove
Supervisor Do from all board/Chairman committee assignments on
September 10; thanked County staff during this time, advised
them that they are supported and will not be put in harms way,
do not have to fear reaching out would cause any concern for
their position and can report any lapses in integrity by
calling our Fraud Hotline at 714-834-3608. |
***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 |