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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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ORANGE
COUNTY, CALIFORNIA |
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BOARD
HEARING ROOM, FIRST FLOOR
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400 W. Civic Center Drive |
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Santa Ana, California
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DONALD P. WAGNER
CHAIRMAN
Third District |
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ANDREW DO VICE
CHAIRMAN First
District |
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VICENTE SARMIENTO
SUPERVISOR
Second District |
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DOUG
CHAFFEE SUPERVISOR Fourth
District |
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KATRINA FOLEY
SUPERVISOR
Fifth District
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ATTENDANCE:All Present
EXCUSED:None
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PRESENT:
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COUNTY
EXECUTIVE OFFICER |
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Frank
Kim |
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COUNTY
COUNSEL |
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Leon
J. Page |
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CLERK
OF THE BOARD |
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Robin
Stieler |
INVOCATION:Supervisor
Foley, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE:Vice
Chairman Do, First District, led the assembly in the Pledge of
Allegiance
I.PRESENTATIONS/INTRODUCTIONS
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Chairman Wagner
presented a resolution proclaiming November 2023 as "Adoption
Awareness Month" |
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Chairman Wagner
presented a resolution proclaiming November 2023 as "Family
Caregivers Month" |
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Chairman Wagner and Vice
Chairman Do presented a resolution proclaiming November 11,
2023 as "Veterans Day" |
II.CONSENT CALENDAR (Items 1-4)
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12453
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APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEM 1 WHICH WAS PULLED FOR
DISCUSSION AND SEPARATE VOTE
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ELECTED
DEPARTMENT HEADS
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1.
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Sheriff-Coroner - Approve
donation of out-of-date bomb disposal suit and unusable
Pedsco Remote Mobile Investigator (RMI) robot to Orange
County Sheriff's Museum & Education Center; and make
related findings - All Districts |
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15243
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APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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2.
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Acting as the Orange
County Housing Authority - Approve
amended Housing and Community Development Commission
Bylaws to limit unexcused member absences to three consecutive
meetings or half the regular meetings in a calendar year,
remove the duplication of public comments in the order of
business and clarify the establishment and term for ad hoc
committees - All Districts |
GENERAL
ADMINISTRATION
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Clerk
of the Board: |
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3.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for South Orange County
Wastewater Authority - Districts 3 and 5 |
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4.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Anaheim Union High School
District - Districts 2 and 4 |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 5-S12H)
ELECTED
DEPARTMENT HEADS
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5.
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Sheriff-Coroner - Approve
amendment 4 to contract MA-060-20010263 with Everbridge,
Inc. for public mass notification system services,
12/31/23 - 12/30/24 ($485,050; cumulative total $2,290,200);
and authorize County Procurement Officer or Deputized designee
to execute amendment - All Districts |
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15243
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APPROVED AS RECOMMENDED |
HEALTH
CARE AGENCY
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6.
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Approve
Intergovernmental agreements regarding transfer of public
funds with California Department of Health Care Services
for county non-federal share of Medi-Cal payments for
specialty mental health services and Drug Medi-Cal services,
7/1/23 - 12/31/26; authorize Director or designee to execute
agreements; and direct Auditor-Controller to make related
payments - All Districts |
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25143
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APPROVED AS RECOMMENDED |
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7.
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Approve
agreement 23-30117 with California Department of Health Care
Services for Drug Medi-Cal Organized Delivery System
services, 7/1/23 - 6/30/27; authorize Director or designee to
execute agreement and related documents; authorize related
expenditures for non-monetary assistance for community
planning, outreach and training; and authorize
Auditor-Controller to make related payments - All Districts |
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12453
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APPROVED AS RECOMMENDED |
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8.
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Approve
Nurse-Family Partnership Implementation Agreement
MA-042-21010608 with Nurse-Family Partnership for public
health nurse home-visiting program, 1/1/24 - 12/31/26
($300,000); renewable for one additional two-year term; and
authorize County Procurement Officer or Deputized designee to
execute agreement - All Districts |
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51243
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APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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9.
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Approve
amendment 2 to contract MA-012-23010628 with Getsetup, Inc.
for Access to Technology Program, 1/1/24 - 9/30/24
($84,338; cumulative total $279,525); and authorize County
Procurement Officer or Deputized designee to execute amendment
and execute future amendments under certain conditions - All
Districts |
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14253
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APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County
Executive Office: |
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10.
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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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53124
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APPROVED
AS RECOMMENDED
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11.
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Approve
grant applications/awards submitted by Health Care Agency
and Social Services Agency in 11/7/23 grant report and
other actions as recommended; adopt resolution authorizing
Health Care Agency Director or designee to submit application
to Department of Resources Recycling and Recovery for Waste
Tire Enforcement Grant 31st Cycle and execute related
documents; and adopt resolution authorizing Social Services
Agency Director or designee to apply, accept, execute
application, amendments and deliver any related documents for
Housing Navigation and Maintenance Program Round 2 ($601,841),
Transitional Housing Program Round 5 ($1,085,580) and THP -
Plus Housing Supplement Program Round 3 ($199,077) from
California Department of Housing and Community Development;
and making related findings - All Districts |
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52143
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APPROVED
AS RECOMMENDED
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RESO: 23-137 - 23-138
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12.
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Approve
contract MA-017-24010367 with Friendship Shelter, Inc. for
regional care coordination services in South Service
Planning Area, 12/15/23 - 6/30/25 ($1,577,498); and authorize
County Procurement Officer or Deputized designee to exercise
cost contingency increase not to exceed 10% under certain
conditions and execute contract - Districts 3 and 5 |
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53124
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APPROVED
AS RECOMMENDED
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OC
COMMUNITY RESOURCES
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S12A.
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Approve
Memorandum of Understanding (MOU) between County of Orange,
CalOptima Health, and Jamboree Housing Corporation for
CalOptima Health pilot program for residents of supportive
housing developments; and authorize Director or designee to
execute MOU - Districts 1 and 4 (Continued from 10/31/23, Item
12) |
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45123
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APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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S12B.
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Supervisor Chaffee and
Supervisor Sarmiento - Adopt
resolution opposing any unilateral action by Kaiser
Permanente's attempt to reduce mental health therapists'
Patient Management Time (PMT) (Continued from 10/31/23, Item
S23A) |
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B.O.
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CONTINUED TO 12/5/23,
9:30 A.M.
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County
Executive Office: |
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S12C.
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Approve
2024 Contract Policy Manual, effective 1/1/24; and adopt
resolution authorizing OC Public Works Director,
Sheriff-Coroner or those qualified County officials or department designees to
advertise bids in manner set forth in Public Contract Section
22037 for performance of
public projects described in Public Contract Code Section
22032(c) - All Districts (Continued from 10/31/23, Item 23) |
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B.O.
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CONTINUED
TO 11/28/23, 9:30 A.M.
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S12D.
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Approve
and adopt 2023-2026 Memorandum of Understanding (MOU) with
American Federation of State, County and Municipal
Employees Council 36, Local 2076, AFL-CIO, 6/30/23 - 6/25/26;
and authorize County Executive Officer or designee to execute
MOU - All Districts |
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52143
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APPROVED
AS RECOMMENDED
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S12E.
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Supervisor Chaffee - Approve
addition of Adopt-a-Family Holiday campaign event to County
Events Calendar; and make related findings per
government Code Section 26227 |
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41253
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APPROVED AS RECOMMENDED |
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S12F.
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Chairman Wagner - Approve
addition of Veteran and Military events to County Events
Calendar; and make related findings per government Code
Section 26227 |
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35124
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APPROVED AS RECOMMENDED |
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S12G.
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County Counsel - Approve
retroactive agreement with Baker & McKenize LLP for
legal services, effective 10/25/23 - All Districts |
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25143
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APPROVED AS RECOMMENDED |
JOHN
WAYNE AIRPORT
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S12H.
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Authorize
Director to require a mandatory withdrawal of seat capacity
during 2023 Plan Year to ensure continued compliance
with 11.8 million annual passenger limitation, consistent with
requirements set forth in Section 6, Phase 2 Commercial
Airline Access Plan and Regulation - District 5 |
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52143
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APPROVED AS RECOMMENDED |
IV.PUBLIC HEARINGS (None)
V.CLOSED SESSION (Items CS-1-SCS7)
GENERAL
ADMINISTRATION
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CS-1.
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County Executive Office -
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code
Section 54957.6: |
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B.O.
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HELD, NO REPORTABLE
ACTION
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County
Counsel: |
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SCS2.
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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:THE
BOARD UNANIMOUSLY APPROVED A PROPOSED $22.275 MILLION
SETTLEMENT IN THE EMINENT DOMAIN MATTER, ORANGE COUNTY
FLOOD CONTROL DISTRICT V. JRJ RANCH, L.P.THE
MONETARY SETTLEMENT REPRESENTS JUST COMPENSATION FOR A
16.765 FLOWAGE EASEMENT OBTAINED BY THE OC FLOOD CONTROL
DISTRICT, ON BEHALF OF THE U.S. ARMY CORPS OF ENGINEERS,
ON A 31.5 ACRE PROPERTY IN SAN BERNARDINO COUNTY FOR USE
IN THE SANTA ANA RIVER MAINSTEM PROJECT.AS
PART OF ITS APPROVAL, THE BOARD AUTHORIZES AND DIRECTS
COUNTY COUNSEL AND OUTSIDE COUNSEL TO FILE AND EXECUTE ALL
NECESSARY DOCUMENTS, INCLUDING A STIPULATION FOR JUDGMENT
AND A PROPOSED FINAL ORDER IN CONDEMNATION, TO EFFECTUATE
THIS SETTLEMENT FOR THE NECESSARY FLOWAGE EASEMENT.THE
BOARD ALSO AUTHORIZES AND DIRECTS THE AUDITOR-CONTROLLER
TO ENCUMBER AND TRANSFER FUNDS UP TO THE AMOUNT OF
$4,975,000 FROM THE FUND 404 RESERVE ACCOUNT. FINALLY, THE
BOARD AUTHORIZES ALL ACTIONS NECESSARY TO ACCOMPLISH THESE
DIRECTIVES BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. |
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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:THE
BOARD UNANIMOUSLY (1) RATIFIED THE FILING OF AN AMENDED
COMPLAINT ADDING THE ORANGE COUNTY FLOOD CONTROL DISTRICT
AS AN ADDITIONAL NAMED PLAINTIFF IN THE MATTER OF COUNTY
OF ORANGE AND ORANGE COUNTY FLOOD CONTROL DISTRICT VS.
SOUTHERN CALIFORNIA EDISON AND T-MOBILE, LITIGATION
RELATED TO THE SILVERADO FIRE; AND (2) AUTHORIZED COUNTY
COUNSEL TO SIGN AN AGREEMENT TO RETAIN BERGER KAHN, BARON
& BUDD AND DIXON DIAB & CHAMBERS, LLP LAW FIRMS
JOINTLY, TO ASSIST COUNTY COUNSEL IN REPRESENTING THE
OCFCD IN THE LITIGATION.
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SCS4.
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CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION
OF LITIGATION Pursuant to Government Code Section
54956.9(d)(4): |
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B.O.
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COUNTY
COUNSEL READ:THE
BOARD UNANIMOUSLY APPROVED A PROPOSED SETTLEMENT AGREEMENT
WITH CHEVRON U.S.A., INC., WHEREIN CHEVRON AGREES TO PAY
THE COUNTY $1.25 MILLION FOR A RELEASE AND WAIVER OF
CLAIMS FOR COSTS INCURRED BY THE COUNTY IN CONNECTION WITH
THE CLEAN-UP AND REMEDIATION OF THE OCTOBER 2022 TALBERT
CHANNEL OIL PIPELINE LEAK. THE COUNTY RESERVES ITS RIGHT
TO PROCEED AGAINST OTHER PARTIES IN CONNECTION WITH THIS
SPILL AND WILL CONTINUE TO VIGOROUSLY ENFORCE
REIMBURSEMENT RIGHTS UNDER FEDERAL AND STATE ENVIRONMENTAL
LAWS FOR THE PROTECTION OF ALL RESIDENT TAXPAYERS. COPIES
OF THE AGREEMENT, WHEN FINALIZED, WILL BE MADE AVAILABLE
THROUGH THE OFFICE OF COUNTY COUNSEL 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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COUNTY
COUNSEL READ:THE
BOARD UNANIMOUSLY AUTHORIZED COUNTY COUNSEL TO ENTER INTO
A LEGAL SERVICES AGREEMENT FOR RIMON, P.C. TO REPRESENT
THE TREASURER TAX COLLECTOR IN THE BED BATH AND BEYOND
BANKRUPTCY, WHICH IS PENDING IN THE NEW JERSEY BANKRUPTCY
COURT.ATTORNEY
JACQUELINE CHOI AT RIMON, P.C., WILL SERVE AS LEAD
COUNSEL, AND IS EXPECTED TO RETAIN LOCAL NEW JERSEY LEGAL
COUNSEL, ATTORNEY JOHN S. MAIRO AT PROZIO, BROMBERG &
NEWMAN.BOTH MS. CHOI
AND MR. MAIRO WILL CHARGE THE COUNTY $495/HOUR FOR THEIR
SERVICES. |
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SCS6.
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CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code
section 54956.9(d)(2): |
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B.O.
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COUNTY
COUNSEL READ:THE
BOARD UNANIMOUSLY APPROVED A $109,000 LEGAL SETTLEMENT OF
A CLAIM FILED BY CLAIMANT BYRON ALVIZURES. THE CLAIM
RELATED TO AN AUTOMOBILE ACCIDENT, IN WHICH A VEHICLE
DRIVEN BY AN ORANGE COUNTY SHERIFF'S DEPUTY COLLIDED WITH
CLAIMANT'S 2016 TOYOTA TACOMA AND CAUSED PERSONAL INJURIES
AND PROPERTY DAMAGE. LIABILITY WAS NOT DISPUTED. WHEN THE
SETTLEMENT IS FINALIZED, COPIES OF THE AGREEMENT WILL BE
MADE AVAILABLE THROUGH CEO-RISK MANAGEMENT TO ANY PERSON
WHO INQUIRES.
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SCS7.
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CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION
OF LITIGATION pursuant to Government Code section
54956.9(d)(4): |
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B.O.
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HELD,
NO REPORTABLE ACTION
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VI.PUBLIC, CEO, ADJOURNMENT &
BOARD COMMENTS
PUBLIC
COMMENTS:
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Steve Rocco - Oral re:
Board members should not resign; presentations are a waste of
time; public and private partnerships and laundering money;
created a dictatorship and organized crime to kill, kidnap and
arrest people |
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Ilya Tseglin - Oral re:
Public demands immediate resignation of Chairman Wagner and
revoking his license to practice law; complicit with Larry
Landauer, Director of Orange County Regional Center;
investigation of financial corruption and stealing public
money; ignoring the public regarding elections |
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Pearl - Oral re: Voting
in Orange County and comments made by Chairman Wagner at the
October 17 Board meeting regarding elections; presentation by
Registrar of Voter Bob Page did not provide answers to public
concerns regarding elections; requested to return to precinct
voting; reduction in voter turnout |
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Libby - Oral re:
Election integrity and Registrar of Voters Bob Page's
presentation; no trust in elections and no accountability;
agendize Voters Choice Act on the next agenda |
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Roseanne - Oral re:
Chair of New California State; Chriss Street's review of legal
analyst office report; California in financial demise; County
and City officials are leaving their posts |
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Kate - Oral re:
Opposition to Proposition 1; Board members are made in the
image ofGod and are
loved despite their imperfections; requested the Board write a
letter to the Governor opposing Proposition 1 and to support
life |
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Florita - Oral re: Santa
Ana Board member willing to speak about elections; 16% drop in
voter turnout since moving to vote centers; agendize
discussion item regarding Voters Choice Act and people's right
to define government |
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Eileen McDermott - Oral
re: Recognized military and Donald Trump for bringing Space
Force; election was stolen; Federal, State and Local officials
are paid, bribed or blackmailed to not do the work of the
people; Board members are guilty of treason; homeless veterans
living on the streets |
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Louise Solomon - Oral
re: People are mobilizing; should hold Board meetings in the
evening when people who work can attend meetings; wheels of
justice turn slowly but they do turn; symbols are not reality;
want free and fair elections |
COUNTY
EXECUTIVE OFFICER COMMENTS:
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ADJOURNED:12:50 P.M.
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53124
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Adjourned in memory of
Gloria Zigner and Vivian Folkenflik
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BOARD
COMMENTS:
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***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 |