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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
(None)
II.CONSENT CALENDAR (Items 1-13)
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15243
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APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEMS 1, 2 AND 4 WHICH WERE PULLED
FOR DISCUSSION AND SEPARATE VOTE
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BOARD
APPOINTMENTS
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1.
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Supervisor Chaffee - Orange
County Planning Commission - Appoint John Koos, Brea, for
term concurrent with 4th District Supervisor's term of
office |
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41253
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APPROVED AS RECOMMENDED |
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2.
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Chairman Wagner - Orange
County HIV Planning Council - Reappoint Homero Beltran,
Irvine, Adelmo Chan, Stanton, Cindy "Michelle" Gallardo,
Long Beach, Dr. Geeta Gupta, Orange, Fernando Martinez,
Fullerton, Dr. Christopher Ried, Fullerton, Ricardo Velasco,
Mission Viejo and Dr. Jeffrey Vu, Tustin, for terms ending
12/31/25; and appoint Eder De Leon, Anaheim, for term ending
12/31/25 |
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31245
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APPROVED AS RECOMMENDED |
ELECTED
DEPARTMENT HEADS
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3.
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Sheriff-Coroner - Adopt
resolution authorizing expenditures in the amount of $50,000
annually to provide appreciation certificates, letters,
plaques, awards, meals and refreshments to volunteers at
Sheriff-Coroner Department's Special Operations Division
Volunteer Recognition events and trainings; and make related
findings per Government Code Section 26227 - All Districts
(Continued from 10/31/23, Item 4) |
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RESO:
23-154 |
OC
COMMUNITY RESOURCES
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4.
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Concur
with recommended housing projects using previously allocated
County funds as approved by Orange County Housing
Finance Trust; and authorize OC Community Resources Director
or designee to concur with future funding changes to projects
previously recommended and concurred under certain conditions
- District 2 |
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25143
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APPROVED AS RECOMMENDED |
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5.
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Acting as the Orange
County Housing Authority acting as the Housing Successor
Agency - Receive
and file FY 2022-23 Housing Successor Agency Annual Report
and authorize Director or designee to make necessary
adjustments under certain conditions - All Districts |
OC
PUBLIC WORKS
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6.
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Receive
and file FY 2022-23 Development Fee Deposit Balance Reports;
and make related findings - All Districts |
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7.
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Acting as the Orange
County Flood Control District - Approve
agreement MA-080-24010631 for reservation of credits
with Land Veritas Corp. for various projects completed under
Countywide Long Term Maintenance Permit ($750,000); and
authorize Director or designee to execute purchase agreements
under certain conditions - All Districts |
GENERAL
ADMINISTRATION
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Clerk
of the Board: |
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8.
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Adopt
resolution approving list of recurring Board of Supervisors
resolutions for 2024 and authorizing Chair or other
Supervisor to draft and execute resolutions - All Districts |
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RESO: 23-155 |
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9.
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Approve
initial Conflict of Interest Code for Irvine Chinese
Immersion Academy, a California Public Charter School -
District 3 |
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10.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Rancho Santiago Community
College District - Districts 2 and 3 |
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County
Executive Office: |
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11.
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Approve
Ground Lessor's Consent, Estoppel Certificates and
Agreements to Citizens Business Bank to enable Dana
Point Harbor Partners, LLC and Dana Point Harbor Partners
Drystack, LLC to secure loan to fund construction of various
phases of Marina Improvement Project and Commercial Core
Parking Structure; approve Ground Lessor's Estoppel
Certificate and Agreement form to facilitate Dana Point Harbor
Partners, LLC and Dana Point Harbor Partners Drystack, LLC to
secure additional financing for Marina, Commercial Core, Hotel
and Drystack Components; and authorize Chief Real Estate
Officer or designee to execute Ground Lessor's Consent,
Certificates, agreements and related documents under certain
conditions - District 5 |
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12.
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Approve
fifth amended and restated Retiree Medical Plan document;
and authorize Chief Human Resources Officer or designee
to execute document - All Districts |
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13.
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Receive
and file Quarterly Information Technology Projects Progress
Report for First Quarter FY 2023-24 - All Districts |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 14-S35H)
ELECTED
DEPARTMENT HEADS
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Sheriff-Coroner:
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14.
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Approve
amendment 4 to contract MA-060-19010442 with Juguilon
Medical Corporation for forensic pathology/autopsy
services, 2/1/24 - 1/31/25 ($171,600; new total $3,603,600;
cumulative total $18,222,600); renewable for four additional
one-year terms; and authorize County Procurement Officer or
Deputized designee to execute amendment - All Districts |
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12453
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APPROVED
AS RECOMMENDED
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15.
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Approve
contract MA-060-24010232 with Gerstel, Inc. for three
Gerstel Headspace Autosamplers, service and preventative
maintenance, three-year term effective upon Board approval
($210,953); renewable for two additional one-year terms; and
authorize County Procurement Officer or Deputized designee to
execute contract - All Districts |
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15243
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APPROVED
AS RECOMMENDED
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16.
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Approve
amendment 2 agreement MA-060-21011194 with Archico Design
Build, Inc. for equitable adjustment for extended
overhead for construction services and costs due to unforeseen
conditions found during demolition, excavation, and
construction for Katella Range Facility Upgrade Project at
Sandra Hutchens Regional Law Enforcement Training Center
($880,408; cumulative total $10,983,246); and authorize
Sheriff-Coroner Director of Research and Development or
authorized designee to execute amendment - District 2 (4/5
vote of members present) |
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23145
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APPROVED
AS RECOMMENDED
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Treasurer-Tax
Collector: |
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17.
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Adopt
resolution approving 2024 Investment Policy Statement and
delegating investment authority to Treasurer-Tax
Collector; and making related findings - All Districts |
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51243
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APPROVED
AS RECOMMENDED
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RESO: 23-156 |
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18.
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Authorize
continuance of Medalion Signature Guarantee Program with
Kenmark Financial Services, Inc. to remain Securities
Transfer Agents Medalion Program guarantor, five-year term
($895 annual fee); re-authorize Treasurer-Tax Collector as
Program Administrator, to provide services to County
departments and agencies and to execute related documents;
authorize Manager CEO/Risk Management to annually obtain
surety as required; and authorize County departments and
agencies to recover costs under certain conditions - All
Districts |
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15243
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APPROVED
AS RECOMMENDED
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OC
COMMUNITY RESOURCES
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19.
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Acting as the Orange
County Housing Authority - Approve
selection of Mesa Vista (formerly Motel 6) for
utilization of 10 additional Housing Choice Project-Based
Vouchers in accordance with policies and procedures identified
in Orange County Housing Authority Administrative Plan; and
authorize Executive Director of Orange County Housing
Authority to execute related documents - District 5 |
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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
Public Highway At-Grade Crossing agreement MA-080-24010466
with Union Pacific Railroad Company for construction,
use, maintenance and repair of Gilbert Street Improvements at
Rail Crossing (Phase 2) Project, effective upon approval
(one-time payment $722,631; $11,444 annually); approve and
accept Nonexclusive At-Grade Easement Deed for Parcel Z58-252
from Union Pacific Railroad Company for transfer of easement
rights; and authorize Director or designee to execute future
amendments under certain conditions - District 4 |
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41253
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APPROVED AS RECOMMENDED |
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21.
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Approve
contract MA-080-24010644 with Swinerton Builders for
pre-construction phase services for John Wayne Airport
Terminal Electrical Distribution Upgrades Project, effective
upon execution ($14,194,585); authorize Director or designee
to execute contract; and make California Environmental Quality
Act (CEQA) exemption findings under CEQA Guidelines section
15301 - District 5 |
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51243
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APPROVED AS RECOMMENDED |
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22.
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Award
contract MA-080-24010619 to Walsh Construction Company II,
LLC, for pre-construction phase services for John Wayne
Airport Taxiways A, D and E Reconstruction Project, effective
upon execution ($984,575); authorize Director or designee to
execute contract; and make California Environmental Quality
Act (CEQA) exemption findings under CEQA Guidelines sections
15301 and 15302 - District 5 |
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B.O.
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CONTINUED TO 1/9/24,
9:30 A.M.
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23.
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Approve
amendment 2 to renew contracts MA-080-20010375 with
Covello's Pacific AirCare, Inc. and The Machado
Environmental Corporation dba Air Duct Cleaning Company for
heating, ventilation and air conditioning equipment and duct
cleaning services, 1/28/24 - 1/27/25 ($600,000; aggregate
cumulative total $4,100,000); 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 |
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24.
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Approve
amendment 7 to subordinate contract MA-080-18011696 with
Acro Service Corporation for temporary staffing, 1/1/24
- 12/31/25 ($200,000; cumulative total $1,700,000); and
authorize County Procurement Officer or Deputized designee to
execute amendment - All Districts |
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14253
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APPROVED AS RECOMMENDED |
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25.
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Award
contract MA-080-23011507 to Balfour Beatty Construction, LLC
for design and construction services for Orange County
Youth Transition Center Project, Juvenile Hall, 730-day term
($109,807,314); authorize Director or designee to make
amendments under certain conditions and execute contract;
approve contract MA-080-24010362 with Vanir Construction
Management, Inc. for construction management services for
Orange County Youth Transition Center, two-year term
($3,239,452); and authorize Director or designee to execute
contract - District 2 |
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25143
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APPROVED AS RECOMMENDED |
OC
WASTE & RECYCLING
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26.
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Approve
contract MA-299-24010191 with Envent Corporation for mobile
thermal oxidizer rental and services, 2/9/24 - 2/8/27
($9,000,000); renewable for one additional two-year term
($6,000,000); authorize County Procurement Officer or
Deputized designee to make minor changes under certain
conditions and execute contract; and make California
Environmental Quality Act (CEQA) exemption findings under CEQA
Guidelines sections 15301, 15308 and 15311 - All Districts |
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15243
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APPROVED AS RECOMMENDED |
PUBLIC
PROTECTION
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27.
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Probation - Approve
standard agreement 95999 with State Franchise Tax Board for
collection of unpaid court ordered fines, forfeitures
and penalties, 1/1/24 - 12/31/26; and authorize Chief
Probation Officer or designee to execute agreement - 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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28.
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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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14253
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APPROVED
AS RECOMMENDED
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29.
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Approve
amendment 2 to Development Agreement with Capital Facilities
Development Corporation and Griffin Structures, Inc. for
separate Master Development Budget to provide additional funds
necessary for Civic Center enhancements, additional safety,
security and signage enhancements to County Superblock
($773,911; revised cumulative total $27,368,236); authorize
Chair of the Board of Directors of Capital Facilities
Development Corporation or designee to execute amendment and
all related documents; and direct Auditor-Controller to make
related payments - District 2 |
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25143
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APPROVED
AS RECOMMENDED
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30.
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Receive
and file 2023 Strategic Financial Plan and OC CARES Annual
Report for FY 2022-23 - All Districts |
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52143
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RECEIVED
AND FILED
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31.
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Approve
grant applications/awards submitted by Probation,
Sheriff-Coroner, John Wayne Airport and County Executive
Office, and retroactive grant applications/awards submitted by
Health Care Agency in 12/19/23 grant report and other actions
as recommended - All Districts |
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31245
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APPROVED
AS RECOMMENDED WITH THE EXCEPTION OF RECOMMENDED ACTION #2
WHICH WAS DELETED
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32.
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Adopt
resolution approving 2023 County Equal Employment
Opportunity and Anti-Harassment Policy and Procedure;
delegate authority to County Executive Officer or designee to
make administrative changes and update policy and procedure to
comply with legal requirements as needed; and approve removal
of Abusive Conduct section from Equal Employment Opportunity
and Anti-Harassment Policy and Procedures and designate it as
County policy - All Districts |
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25143
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APPROVED
AS RECOMMENDED
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RESO: 23-157 |
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33.
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Approve
contract MA-017-24010706 with Baetz Strategic Consulting for
Public Administration services, 1/1/24 - 6/30/24
($192,000); and authorize County Procurement Officer or
Deputized designee to execute contract - All Districts |
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B.O.
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DELETED |
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34.
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Internal Audit - Receive
and file Executive Summary of Internal Audit Reports for
July - September 2023 - All Districts |
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14253
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APPROVED AS RECOMMENDED |
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35.
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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) and encourages Kaiser Permanente
to spend $150 million pledged funds to correct behavioral
health disparity between Northern and Southern California and
provide an annual public accounting of how pledged funds were
spent (Continued from 10/31/23, Item S23A; 11/7/23, Item S12B;
12/5/23, Item 16) |
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42153
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APPROVED AS RECOMMENDED |
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RESO:
23-158 |
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County
Executive Office: |
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S35A.
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Approve
and adopt 2023-2026 Memorandum of Understanding (MOU) with
Association of Orange County Deputy Sheriffs for Peace
Officer and Supervising Peace Officer Units, 6/30/23 -
6/25/26; and authorize County Executive Officer or designee to
execute MOU - All Districts |
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14253
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APPROVED
AS RECOMMENDED
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S35B.
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Approve
and adopt 2023-2026 Memorandum of Understanding (MOU) with
Association of County Law Enforcement Managers for Law
Enforcement Management Unit, 6/30/23 - 6/25/26; and authorize
County Executive Officer or designee to execute MOU - All
Districts |
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31245
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APPROVED
AS RECOMMENDED
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S35C.
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Supervisor Sarmiento - Approve
amendments to Rule 37 of the Board of Supervisors Rules of
Procedure and proposed Guidelines for District Discretionary
Projects Program |
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B.O.
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CONTINUED TO 1/23/24,
9:30 A.M.
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S35D.
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Supervisor Foley - Direct
OC Public Works, in consultation with Orange County Traffic
Committee, to draft an ordinance updating County of
Orange's Municipal Code to adopt Electric Bicycle Safety
Regulations |
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53124
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APPROVED AS RECOMMENDED |
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S35E.
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Supervisor Chaffee - Approve
addition of County Volunteer Appreciation Day 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 |
HEALTH
CARE AGENCY
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S35F.
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CalOptima
Board of Directors - Select and appoint one candidate to
serve in seat designated for current CalOptima member or
family member of a current CalOptima member, to complete term
ending 8/3/24 - All Districts |
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45123
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APPOINTED MAURA BYRON TO
SERVE ON THE CALOPTIMA BOARD OF DIRECTORS TO COMPLETE TERM
ENDING AUGUST 3, 2024
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GENERAL
ADMINISTRATION
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S35G.
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County Executive Office -
Approve
Amended and Restated Lease agreement with MSPN, LLC,
Royal BP, LLC and Fortunatos, LLC for Health Care Agency
office space for Public Health/Women, Infants and Children
program at 6301 Beach Boulevard, Buena Park, 1/1/24 -
12/31/33; renewable for one five-year term; authorize Chief
Real Estate Officer or designee to execute subsequent
documents, exercise option terms and amendments under certain
conditions; and make California Environmental Quality Act
(CEQA) exemption findings under CEQA Guidelines Section 15301
- District 4 |
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41253
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APPROVED AS RECOMMENDED |
ELECTED
DEPARTMENT HEADS
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S35H.
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Sheriff-Coroner - Approve
amendment 1 to contract MA-060-23010500 with CASK NC LLC for
ServiceNow support services, Human Resources Service Delivery
Module Integration and Cask Managed Services support
maintenance, term ending 4/30/26 ($877,044; cumulative total
$2,378,530; and authorize County Procurement Officer or
Deputized designee to execute amendment - All Districts |
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14253
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APPROVED AS RECOMMENDED |
IV.PUBLIC HEARINGS (None)
V.CLOSED SESSION (Items CS-1-SCS2)
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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SCS2.
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County Counsel - 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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Steve Rocco - Oral Re:
France gifted Statue of Liberty to the United States; Emma
Lazarus poem regarding the Statue of Liberty; Former
Presidents Lincoln, Truman, Roosevelt and Johnson and ugly
people; 'beautiful' versus 'ugly'; ugly people want revenge
and should not be in positions of authority |
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Dinorah - Oral Re:
United States government brought her from Cuba to the United
States and she is protected under the federal government;
Sheriff Deputies should make more money because they have to
deal with criminals and keep everyone safe; grateful to be in
America; thanked Supervisor Foley for help in getting voucher
that was stolen from her in Anaheim |
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Bryan Kaye - Oral Re:
Supervisor Foley shared painful part of her past; 'Happy Day'
and story of friend who was a Korean war veteran |
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Amy Parker - Oral Re:
Functions of the Board of Supervisors is setting County policy
including funding levels and supporting the needs of the
people at all governmental levels, not fighting off scandals
and internal disputes; vital County agencies continue to go
underfunded; Board needs to provide more funding to Orange
County Transportation Authority and cities to support
alternative transportation methods; advocacy power of the
Board is unused; banning Pride flags from County buildings |
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Joette - Oral Re: OC
Register article regarding funding approved without Supervisor
Do publicly disclosing family connection, his resignation from
CalOptima, State investigation by the California State
Auditor's Office of Supervisor Do's hiring and pay practices,
Supervisor Do accused of living outside his District, District
1 aides pled guilty to laundering campaign money |
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Charles
Kerr - Oral Re: Voting machines and fraudulent activity
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Ilya Tseglin - Oral Re:
Demands resignation of Chairman Wagner due to coverup of
organized crimes and corruption of all infrastructure of
County Departments including criminal coverup of Orange County
Regional Center, Larry Landauer and Nancy Bartman; treatment,
kidnap and torture of his son Nate and disrespects rule of law
and the constitution |
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Michelle Morgan - Oral
Re: Election concerns and anomalies related to election were
not addressed by Registrar of Voters Bob Page; requested a
discussion item be placed on the agenda to opt out of the
Voters Choice Act and to return to precinct voting model |
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Name not provided - Oral
Re: Read first paragraph of letter from Judicial Watch and
Libertarian Party of California to Secretary Weber regarding
violation of Section 8 of the National Voter Registration Act
of 1993 |
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Mary - Oral Re: Concerns
and reasons to return to the Voters Choice Act; requested a
discussion item be placed on the agenda to opt out of the
Voters Choice Act |
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Kate - Oral Re: Orange
County fraudulent elections; recited 'Our Father' for the
Board Members, County Executive Officer and County Counsel to
release evil bestowed upon them; requested a discussion item
be placed on the agenda regarding precinct voting with an
allotted time |
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Eileen McDermott - Oral
Re: Election fraud in 2020 election; Supreme Court case 'Moore
vs IRS' |
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Name not provided - Oral
Re: Requested discussion and public debate of election system
in Orange County; Bob Page not qualified to run elections;
provided sample of a paper ballot system |
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Louise Solomon - Oral
Re: Website 'prescintactivators.com'; election fraud is
occurring in Orange County; requested a discussion item be
placed on the agenda regarding removal of election machines;
vote Frances Marquez for District 1 Supervisor |
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Roseann
- Oral Re: Orange County Chair for New California State;
Chriss Street's comments regarding California shortfall
is closer to $238 billion; provided signatures requesting the
banning of Voter's Choice Act and machines; New California
State will conduct a demo election on January 27, 2024 |
COUNTY
EXECUTIVE OFFICER COMMENTS:
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None |
ADJOURNED:1:13 P.M.
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23145
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Adjourned in memory of
Jean Sutherland Wahlberg
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31245
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Adjourned in memory of
Dennis Wayne Cooley
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BOARD
COMMENTS:
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Supervisor Sarmiento -
Oral re: Requested County Executive Office work with County
Counsel to provide timeline related to procurement process of
contracts approved by the Board and to share results with the
Board offices |
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Supervisor Foley - Oral
Re: Announced District 5 recruitment for winter fellowship and
internship program and to send resumes to
Katrina.Foley@ocgov.com; wished everyone a Merry Christmas |
***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 |