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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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DOUG CHAFFEE
CHAIRMAN
Fourth District |
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DONALD P.
WAGNER VICE
CHAIRMAN Third
District |
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ANDREW DO
SUPERVISOR
First District
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VICENTE
SARMIENTO SUPERVISOR Second
District |
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KATRINA FOLEY
SUPERVISOR
Fifth District
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ATTENDANCE:All Present
EXCUSED:None
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PRESENT:
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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
Do, First District, gave the invocation
PLEDGE OF ALLEGIANCE:Supervisor
Foley, Fifth District, lead the Pledge of Allegiance and Orange County
Deputy Sheriff Joseph Devela sang the National Anthem
I.PRESENTATIONS/INTRODUCTIONS
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Chairman Chaffee
presented a resolution recognizing Shari Freidenrich, Orange
County Treasurer-Tax Collector, as President of the California
Association of County Treasurers and Tax Collectors |
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Chairman Chaffee
presented a resolution declaring January 2023 as "Human
Trafficking Prevention Month" |
II.CONSENT CALENDAR (Items 1-10)
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13254
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APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEM 5 WHICH WAS CONTINUED TO
1/24/23, 9:30 A.M.; AND ITEM 3 WHICH WAS PULLED FOR
DISCUSSION AND SEPARATE VOTE |
BOARD
APPOINTMENTS
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1.
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Supervisor Do - Orange
County Airport Commission - Appoint P. Alberto Sandoval,
Rossmoor, for term concurrent with 1st District Supervisor's
term of office |
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2.
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Chairman Chaffee - Orange
County Juvenile Justice Coordinating Council - Appoint
Nora Sanchez, Orange and Vern Burton, Huntington Beach and
reappoint Hether Benjamin, Mission Viejo, Megan Medlin,
Orange, and Nazly Restrepo, Orange, for terms ending 1/9/2025
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ELECTED
DEPARTMENT HEADS
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3.
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Sheriff-Coroner - Accept
Urban Areas Security Initiative funds from City of
Anaheim and City of Santa Ana, FY 2021; approve agreement for
transfer or purchase of equipment/services; and adopt
resolution authorizing Sheriff-Coroner or designee to execute
related documents and agreement under certain conditions - All
Districts |
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12354
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APPROVED AS RECOMMENDED |
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RESO:
23-001 |
OC
COMMUNITY RESOURCES
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4.
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Acting as the Successor
Agency to the Orange County Development Agency - Adopt
resolution approving Recognized Obligation Payment
Schedule, 7/1/23 - 6/30/24; directing submission to Department
of Finance; authorizing ministerial changes under certain
conditions; and making related findings; direct submission to
Countywide Oversight Board and to notify the Board of any
changes - All Districts |
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RESO:
23-002 |
OC
PUBLIC WORKS
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5.
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Acting as the Orange
County Flood Control District - Adopt
resolution approving Orange County Flood Control
District Design Manual 2nd Edition; and authorize Director to
make minor amendments under certain conditions - All Districts
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13254
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CONTINUED TO 1/24/23,
9:30 A.M.
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GENERAL
ADMINISTRATION
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Clerk
of the Board: |
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6.
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Approve
initial Conflict of Interest Code for Orange County
Classical Academy, a California Public Charter School -
Districts 2 and 3 |
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7.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Mesa Water District - District 5
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8.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for OC Public Works - All Districts
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9.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for Registrar of Voters - All
Districts |
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10.
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Approve
proposed amendments to the Conflict of Interest Code
Designated Filer Exhibits for CalOptima - All Districts |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 11-S21C)
ELECTED
DEPARTMENT HEADS
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11.
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Sheriff-Coroner - Approve
amendment 1 to contract MA-060-20011517 with Bernards
Bros., Inc. increasing construction contingency amount
($13,055,900; cumulative total $26,111,800); adopt resolutions
confirming funding sources and providing assurances to State
of California, State Public Works Board allowing construction
financing for James A. Musick Facility Jail Project, Phases 1
and 2 (Assembly Bill 900 and Senate Bill 1022); and authorize
Sheriff-Coroner or designee to execute future amendments under
certain conditions - Districts 3 and 5 |
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35124 |
APPROVED AS RECOMMENDED |
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RESO:
23-003 - 23-004 |
JOHN
WAYNE AIRPORT
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12.
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Approve
Certificated Passenger Airline Lease PM 1121-0300-0095
with Breeze Aviation Group, Inc., 2/16/23 - 12/31/25;
authorize Director or designee to allocate three
County-Controlled Class A Average Daily Departures and seat
capacity; approve early possession for construction and
installation of improvements and make minor modifications and
amendments under certain conditions - District 5 (4/5 vote of
members present) |
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54123
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APPROVED AS RECOMMENDED |
OC
PUBLIC WORKS
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13.
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Approve
amendment 1 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, 1/28/23 - 1/27/24 ($500,000; aggregate cumulative
total $3,500,000); renewable for one additional one-year term;
and authorize County Procurement Officer or Deputized designee
to execute amendments - All Districts
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13254
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APPROVED AS RECOMMENDED |
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14.
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Approve
contracts with various firms for on-call landfill
services, three-year terms ($3,000,000 each; aggregate total
$15,000,000); renewable for two additional years; authorize
Director or designee to execute contracts; and make California
Environmental Quality Act (CEQA) exemption findings under CEQA
Guidelines section 15378 - All Districts |
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12354
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APPROVED AS RECOMMENDED |
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15.
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Acting as the Board of
Supervisors and Orange County Flood Control District - Approve
amendment 1 to contracts MA-080-22010909 with Quality
Fence Co., Inc. and Valley Cities Gonzales Fence, Inc. for
fence and gate repair/maintenance services, 1/10/23 - 6/30/25
($750,000; aggregate cumulative total $5,895,000); and
authorize County Procurement Officer or Deputized designee to
execute amendments - All Districts |
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31254
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APPROVED AS RECOMMENDED |
SOCIAL
SERVICES AGENCY
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16.
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Approve
contract MA-063-23010611 with Advance OC for OC Healthy
Aging Assessment services, 1/10/23 - 1/9/24 ($750,000);
renewable for one year; and authorize County Procurement
Officer or Deputized designee to execute contract - All
Districts (Continued from 12/20/22, Item 24) |
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31254 |
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County
Executive Office: |
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17.
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Approve
retroactive Memoranda of Understanding (MOU) with City
of Laguna Beach for allocation of $115,049 of Permanent Local
Housing Application funding, 7/1/22 - 6/30/26; and authorize
Director of Care Coordination or designee to execute MOU -
District 5 |
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52134
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APPROVED
AS RECOMMENDED
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18.
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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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35124
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APPROVED
AS RECOMMENDED
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19.
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Approve
grant applications/awards submitted by Sheriff-Coroner
and OC Community Resources, retroactive grant
application/award submitted by OC Community Resources, and
ratify grant application/award submitted by OC Community
Resources in 1/10/23 grant report and other actions as
recommended; adopt resolution authorizing OCCR Director or
designee to execute agreement, submit all related documents
and amendments under certain conditions with California
Department of Water Resources for Laguna Niguel Regional Park
irrigation infrastructure replacement and Mile Square Regional
Park irrigation improvements; adopt resolution approving
standard agreement AP-2223-22, Amendment 1 with California
Department of Aging for Older Americans Act Programs, 7/1/22 -
6/30/24 ($832,997); and authorizing OCCR Director or designee
to execute amendment and related documents - All Districts |
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53124
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APPROVED
AS RECOMMENDED
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RESO: 23-005 - 23-006
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20.
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Supervisor Foley - Direct
County Executive Officer to research Community Choice
Aggregation (CCA) programs, including but not limited to San
Diego Community Power and return to the Board with information
pertaining to CCA programs for County to consider joining |
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54123
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APPROVED AS RECOMMENDED |
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21.
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Board of Supervisors - Election
of 2023 Officers |
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43125 |
NOMINATED AND ELECTED
VICE CHAIRMAN DONALD P. WAGNER AS 2023 CHAIRMAN AND
SUPERVISOR ANDREW DO AS 2023 VICE CHAIRMAN OF THE BOARD |
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Chairman
Chaffee: |
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S21A.
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Orange
County Planning Commission - Appoint John Koos, Brea,
for term concurrent with 4th District Supervisor's term of
office |
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B.O.
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DELETED |
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S21B.
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Orange
County Veterans Advisory Council - Reappoint Alex
Maslin, Trabuco Canyon, and appoint Michael Radigan, Newport
Beach and Stephanie Wade, Seal Beach, for terms ending
1/9/2025; and appoint Steven Vargas, Brea, for term concurrent
with 4th District Supervisor's term of office |
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45123
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APPROVED
AS RECOMMENDED
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S21C.
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Supervisor Foley - Orange
County Airport Commission - Appoint Susan Dvorak,
Newport Beach, for term concurrent with 5th District
Supervisor's term of office |
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52134
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APPROVED AS RECOMMENDED |
IV.PUBLIC HEARINGS (None)
V.CLOSED SESSION
GENERAL
ADMINISTRATION
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County
Counsel: |
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SCS1.
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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 $1.7
MILLION LITIGATION SETTLEMENT IN THE CONSOLIDATED MATTERS
OF PIZZERIA ORTICA V. COUNTY OF ORANGE AND DARYA
RESTAURANT V. COUNTY OF ORANGE, TWO PUTATIVE CLASS ACTION
LAWSUITS FILED AGAINST THE COUNTY OF ORANGE OVER THE
PAYMENT OF ENVIRONMENTAL HEALTH RESTAURANT INSPECTION FEES
COLLECTED FROM RESTAURANTS THAT WERE REQUIRED TO CURTAIL
OR CEASE INDOOR OPERATIONS DURING THE COVID-19 PANDEMIC.
UNDER THE APPROVED SETTLEMENT, AND AMONG OTHER SETTLEMENT
TERMS, IN EXCHANGE FOR FULL DISMISSALS OF THE LAWSUITS,
RESTAURANTS THAT PAID ANNUAL PERMIT FEES DURING THE
RELEVANT PERIOD (I.E., MARCH 17, 2020 TO JUNE 15, 2021)
AND ARE STILL IN BUSINESS WILL RECEIVE A CREDIT AGAINST
FUTURE PERMIT FEES |
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SCS2.
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CONFERENCE
WITH LEGAL COUNSEL - 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 AUTHORIZED THE FILING
OF LITIGATION AGAINST TWO COUNTY SERVICE PROVIDERS. MORE
DETAILS CONCERNING THE ACTION, THE DEFENDANTS, AND OTHER
PARTICULARS, ONCE LITIGATION IS FORMALLY COMMENCED, WILL
BE DISCLOSED TO ANY PERSON UPON INQUIRY |
VI.PUBLIC, CEO, ADJOURNMENT &
BOARD COMMENTS
PUBLIC
COMMENTS:
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Steve Rocco - Oral re:
Three lawyers (Mahatma Gandhi, Ho Chi Minh and Fidel Castro)
and 1 doctor (Che Guevara); the Americas, Africa and Asia got
rid of the European colonists in the 1960s; five lawyers on
the current Board of Supervisors; Proposition 187 in 1992 was
found unconstitutional; Board does not enforce laws |
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Debbie Barba - Oral re:
Volunteer at OC Animal Care since 2008; Andi Bernard, Director
of OC Animal Care has implemented negative policies and
procedures and reversed the progress at OC Animal Care;
reinstate the trap, neuter and release program |
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Sharon Logan - Oral re:
Logan vs. OCAC and shelter reform at OCAC; euthanasia of
healthy adoptable animals needs to stop; placing dogs on the
euthanasia list as a ploy for rescues and the public to get
dogs out of the shelter; reinstate the trap, neuter and
release program; open the shelter to the general public |
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Name not provided - Oral
re: Money provided to companies who are not fulfilling their
contracts |
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Lisa Avery - Oral re:
Attorney; no response from emails sent to the Board regarding
the OC Animal Shelter; allegations and reasons for keeping
adoptions by appointment and not reinstating trap, neuter and
release program; Board needs to oversee and require
transparency and truth from the OC Animal Care staff to
improve the situation at the shelter |
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Laura Lawther - Oral re:
Misuse of taxpayer funds at OC Animal Care; shelter has no
public viewing hours to look for adoptable or lost pets;
shelter is overcrowded and healthy dogs are euthanized for
kennel space; residents looking for lost pets are being turned
away |
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Name not provided - Oral
re: Registrar of Voters mailed more ballots than registered
voters in the county; activity reports of all votes cast does
not equal the certified results; avoid use of drop boxes |
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Joette - Oral re:
Election fraud; Board is guilty of 18 U.S. Code 2381 (treason)
and 18 U.S. Code 1031 (major fraud against the United States);
poll books on the Internet are in violation of election law
19205; Hart machines are in violation of the closed box
software election law 19402; asked why are there more votes
than voters; return to in-person voting in precincts and paper
ballots on election day |
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April Josephson - Oral
re: Requested to meet with the Board members individually to
address issues at OC Animal Care; requested an audit be
conducted of the shelter and to replace Andi Bernard, Director
of OC Animal Care |
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Victor Mendez - Oral re:
Keeping rents affordable for seniors; negotiating a quality of
life petition with the owner; requested the Board find
solutions for homelessness |
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Name not provided - Oral
re: Was brought to United States from Cuba and qualified for
subsidy; has filed complaint regarding civil rights violation,
human right and discrimination; would like to speak to
Supervisor Wagner regarding personal complaint |
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Linda - Oral re:
Concerns with OC Animal Care; reinstate public viewing hours
at the shelter; intake of healthy animals at the shelter;
reinstate the trap, neuter and release program; open the
shelter to the general public; Zoom accessible board meetings
to allow interaction to the Board and from the community |
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Bryan Kaye - Oral re:
Welcomed Supervisor Sarmiento; communications with Supervisor
Foley regarding forged plea agreements; legal system in Orange
County is flawed |
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Nicholas Dibs - Oral re:
Teacher; concerned with students committing suicide due to
bullying on social media; technology addiction with students
and AB2273;requested the
County establish a digital youth wellness outreach committee
to educate parents and young people regarding the harmful
effects of blue light, technology addiction and the increase
of suicides, isolation and sleep deprivation and to establish
professional training standards |
COUNTY
EXECUTIVE OFFICER COMMENTS:
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None |
ADJOURNED:1:26 P.M.
BOARD
COMMENTS:
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Supervisor Wagner - Oral
re: Thanked Chairman Chaffee for his leadership as Chairman of
the Board in 2022; looks forward to serving as Chairman in
2023;Orange County's
quality of life includes open and transparent government and
the challenges threatening it include public safety and
liberty |
***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 |