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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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KATRINA
FOLEY SUPERVISOR Second
District |
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LISA A. BARTLETT
SUPERVISOR
Fifth District
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ATTENDANCE:Supervisors: Bartlett, Chaffee, Do
and Foley
EXCUSED:Vice
Chairman Wagner
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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
Bartlett, Fifth District, led the assembly in the Pledge of Allegiance
I.PRESENTATIONS/INTRODUCTIONS
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Chairman Chaffee
presented a resolution proclaiming December 2022 as "Operation
Christmas for our Troops & Their Families Month" |
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Chairman Chaffee
presented a resolution proclaiming December 5 - 9, 2022 as
"Employee Learning Week" |
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Chairman Chaffee
commemorated Mexico and the United States for 200 years of
Diplomatic Relations |
II.CONSENT CALENDAR (Items 1-9)
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12354 |
APPROVED AS RECOMMENDED
WITH THE EXCEPTION OF ITEMS 1, 3, 8 AND 9 WHICH WERE
PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD
APPOINTMENTS
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Chairman
Chaffee: |
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1.
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Orange
County HIV Planning Council - Reappoint Jessica
Castellon, Sacramento, Dr. Charles "Scott" Huffman, Santa Ana,
Wendy N. Lords, Aliso Viejo and Khole Rios-Wyatt, Santa Ana;
and appoint Itamar Harari, Huntington Beach and Kristen N.
Kowalczyk, Tustin, for terms ending 12/31/24 |
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12354 |
APPROVED
AS RECOMMENDED
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2.
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Commission
to End Homelessness - Appoint Richard Afable, Newport
Beach, Christy Cornwall, Aliso Viejo, Monique Davis, Buena
Park, and Sean deMetropolis, Long Beach, for terms ending
12/5/24 |
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Supervisor
Do: |
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3.
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Orange
County Senior Citizens Advisory Council - Reappoint
Amina Sen-Matthews, Santa Ana, for term concurrent with 1st
District Supervisor's term of office |
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15234 |
APPROVED
AS RECOMMENDED
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4.
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Public
Financing Advisory Committee - Reappoint John J. Moohr,
Fountain Valley, for term ending 5/1/25 |
OC
COMMUNITY RESOURCES
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5.
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Approve
amendment 2 to increase contract MA-012-22011379 with
Webco LB, LLC. for street sweeping services, existing term
ending 5/4/23 ($120,000; new total $320,000); and to renew
contract 5/5/23 - 5/4/24 ($320,000; cumulative total
$640,000); authorize County Procurement Officer or Deputized
designee to execute amendment; and make California
Environmental Quality Act (CEQA) exemption findings under CEQA
Guidelines Section 15301 - All Districts |
OC
PUBLIC WORKS
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6.
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Receive
and file FY 2021-22 Development Fee Deposit Balance
Reports; and make related findings - All Districts |
GENERAL
ADMINISTRATION
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County
Executive Office: |
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7.
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Adopt
resolution approving FY 2021-22 Measure M2 Expenditure
Report; and authorize Chief Financial Officer or designee to
execute and submit report to Orange County Transportation
Authority - All Districts |
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RESO: 22-141 |
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8.
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Receive
and file Report of Minor Real Property Interests
obtained under Delegated Authority, 7/1/21 - 6/30/22 - All
Districts |
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RECEIVED
AND FILED
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9.
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Registrar of Voters - Receive
and file certification of election results and Statement
of Votes Cast for November 8, 2022 General Election; and
declare elected the persons having majority of votes for that
office - All Districts |
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12354 |
APPROVED AS RECOMMENDED |
END
OF CONSENT CALENDAR
III.DISCUSSION ITEMS (Items 10-S26G)
ELECTED
DEPARTMENT HEADS
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10.
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Auditor-Controller - Approve
one-time exception to the Personnel & Salary
Resolution provisions to allow inclusion of a clause in the At
Will agreement for employment of the Chief Deputy
Auditor-Controller, to allow the incumbent to return to the
previous classification of Administrative Manager III Director
of Satellite Accounting Operations or equivalent position -
All Districts |
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52134 |
APPROVED AS RECOMMENDED |
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Sheriff-Coroner:
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11.
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Ratify
donation of 1999 Ford E450 vehicle with minimal value to
Riverside County Sheriff's Department - All Districts (4/5
vote of the members present) |
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12354 |
APPROVED
AS RECOMMENDED
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12.
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Approve
retroactive contract MA-060-22011549 with Purple
Communications, Inc. for remote video interpreting services
for American Sign Language, 8/23/22 - 8/22/25 ($19,200);
renewable for two additional one-year terms; and authorize
County Procurement Officer or Deputized designee to execute
contract - Districts 2, 3 and 5 |
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52134 |
APPROVED
AS RECOMMENDED
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HEALTH
CARE AGENCY
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13.
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Approve
contract MA-042-23010574 with Angeles Baseball LP for
outreach and community awareness campaign, 1/6/23 - 1/5/26
($9,618,024); and authorize County Procurement Officer or
Deputized designee to exercise cost contingency increase not
to exceed 10% under certain conditions and execute contract -
All Districts |
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15234 |
APPROVED AS RECOMMENDED |
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14.
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Approve
contract MA-042-23010263 with Composite Apps, Inc. for
disease control and preventative health technology enabled
solution, 1/2/23 - 12/31/24 ($3,446,400); renewable for one
additional three-year term; and authorize County Procurement
Officer or Deputized designee to exercise cost contingency
increase not to exceed 10% under certain conditions and
execute contract - All Districts (Continued from 11/29/22,
Item 40) |
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B.O.
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DELETED |
JOHN
WAYNE AIRPORT
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15.
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Approve
Passenger Facility Charge applications 2 and 3 with
Federal Aviation Administration for eligible projects;
authorize Director or designee to execute applications,
amendments and closeouts for eligible projects; and make
California Environmental Quality Act (CEQA) exemption findings
under Public Resources Code section 21080(b)(8) and CEQA
Guidelines section 15273 - District 5 |
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52134 |
APPROVED AS RECOMMENDED |
OC
COMMUNITY RESOURCES
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16.
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Approve
retroactive amendment 1 to contract CT-012-22010685 with
Habitat West, Inc. for invasive plant control and post-fire
habitat restoration services, extending term one month with no
additional funds, 7/1/22 - 7/31/22; authorize County
Procurement Officer or Deputized designee to execute
amendment; and make California Environmental Quality Act and
other findings - All Districts |
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25134 |
APPROVED AS RECOMMENDED |
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17.
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Approve
and authorize Director or designee to increase amount of
2020 Supportive Housing Notice of Funding Availability and
utilize funds for additional loan financing to CM Mercy House
CHDO LLC for development costs associated with Motel 6,
94-unit motel conversion at 2274 Newport Boulevard, Costa
Mesa, ($850,000; cumulative total $5,350,000); approve loan
commitment to CM Mercy House CHDO LLC with per unit loan limit
of $95,000 for 30 units for households experiencing
homelessness, exceeding the per unit loan limits under 2020
Supportive Housing Notice of Funding Availability; approve
subordination at acquisition, construction and permanent
financing to first trust deed loan; authorize Director or
designee to increase amount by 10%, subordinate additional
senior debt and execute subordination agreements and related
documents under certain conditions; approve related Ground
Lease with CM Mercy House CHDO LLC; authorize Chief Real
Estate Officer or designee to execute Ground Lease and
amendments under certain conditions; and make California
Environmental Quality Act and other findings - District 5 |
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52134 |
APPROVED AS RECOMMENDED |
OC
PUBLIC WORKS
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18.
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Approve
subordinate contract MA-080-23010239 with Omni
Enterprise, Inc. for janitorial services at various locations,
12/19/22 - 12/18/25 ($1,499,856); renewable for two additional
years; authorize County Procurement Officer or Deputized
designee to execute contract; and make California
Environmental Quality Act (CEQA) exemption findings under CEQA
guidelines section 15301 - All Districts |
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14235 |
APPROVED AS RECOMMENDED |
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19.
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Acting as the Board of
Supervisors and Orange County Flood Control District - Approve
contracts with various firms for on-call architectural
services, three-year term ($1,500,000 each; aggregate total
$15,000,000); renewable for two additional years; authorize
Director or designee to execute contracts; and make California
Environmental Quality Act and other findings - All Districts |
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15234 |
APPROVED AS RECOMMENDED |
SOCIAL
SERVICES AGENCY
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20.
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Ratify
non-financial agreement 22-1008 with California
Department of Social Services for access to Employment
Development Department base wage data, 7/1/22 - 6/30/25; and
authorize Director or designee to execute agreement and
related documents under certain conditions - All Districts |
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52134 |
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County
Executive Office: |
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21.
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Approve
lease agreement with City of Placentia for a Senior
Community Center at Tri-City Regional Park, Placentia, 75-year
term; adopt resolution authorizing alcoholic beverage
services; authorize Chief Real Estate Officer or designee to
execute lease, related documents and amendments and exercise
option terms under certain conditions; and make California
Environmental Quality Act (CEQA) exemption findings under CEQA
Guidelines section 15301 - District 4 (4/5 vote of the Board)
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41235 |
APPROVED
AS RECOMMENDED
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RESO: 22-142 |
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22.
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Approve
Option to Lease Agreement and Lease Agreement with The
Irvine Company for improvements to existing facilities at
Balboa Marina and construction of public docks; approve Lease
Agreement with City of Newport Beach; adopt resolution finding
County Tidelands Property is exempt surplus land pursuant to
Government Code Section 54221(f)(1)(H); authorize Chief Real
Estate Officer or designee to execute lease agreements,
related documents, amendments and option terms under certain
conditions; and make California Environmental Quality Act
(CEQA) exemption findings under CEQA Guidelines Section 15301
- District 5 |
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B.O.
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CONTINUED
TO 12/20/22, 9:30 A.M.
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23.
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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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B.O.
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DELETED |
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24.
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Approve
grant applications/awards submitted by Health Care
Agency, Social Services Agency, Sheriff-Coroner, Public
Defender and OC Community Resources, retroactive grant
applications/awards submitted by Health Care Agency in 12/6/22
grant report and other actions as recommended; adopt
resolution authorizing Social Services Agency Director or
designee to submit application, execute grant agreement and
amendments with California Department of Education for
continued California State Preschool Program funding
($160,000); adopt resolution authorizing Sheriff-Coroner or
designee to execute grant assurance and related documents to
California Office of Emergency Services for FY 2022 Homeland
Security Grant Program ($3,091,412) and approving related
actions under certain conditions; adopt resolution approving
award agreements BF-1-21-091 for Orange County Public
Libraries - Aliso Viejo project ($2,360,817), BF-1-21-092 for
Orange County Public Libraries - Garden Grove Main Library
project ($2,718,498), BF-1-21-093 for Orange County Public
Libraries - Irvine University Park Library project
($2,861,578), BF-1-21-094 for Orange County Public Libraries -
La Habra library project ($1,509,999) and BF-1-21-095 for
Orange County Public Libraries - Stanton Library project
($364,752) with California State Library; and authorize OC
Public Libraries County Librarian or designee to execute
agreements, related documents and amendments; and making
California Environmental Quality Act and other findings - All
Districts |
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25134 |
APPROVED
AS RECOMMENDED
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RESO: 22-143 - 22-145
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25.
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Acting
as the Board of Supervisors and Orange County Flood
Control District - Approve Cooperative Transfer agreement,
Assignment agreement and Quitclaim Deeds with City of Laguna
Beach for transfer of County and Orange County Flood Control
District owned properties to City and assume all associated
operations, maintenance and services of properties; authorize
Chief Real Estate Officer or designee to execute agreements
and Quitclaim Deeds to carry out terms of agreement and minor
modifications under certain conditions; direct
Auditor-Controller to make related payments under certain
conditions; and make California Environmental Quality Act
(CEQA) exemption findings under CEQA Guidelines Section 15305
and other related findings - District 5 (R.A. #9 requires 4/5
vote of member present) |
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51234 |
APPROVED
AS RECOMMENDED
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26.
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Chairman Chaffee - Receive
and file 28th Annual Report on Conditions of Children in
Orange County 2022 |
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42135 |
RECEIVED AND FILED |
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Supervisor
Bartlett: |
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S26A.
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Senior
Citizens Advisory Council - Reappoint Patty Barnett
Mouton, Laguna Niguel, for term concurrent with 5th District
Supervisor's term of office |
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54123 |
APPROVED
AS RECOMMENDED
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S26B.
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Approve
addition of Laguna Beach Seniors holiday event to County
Events Calendar; and make related findings per Government Code
Section 26227 |
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52134 |
APPROVED
AS RECOMMENDED
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S26C.
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Approve
Orange County Traffic Committee report dated 11/17/22;
adopt resolution establishing a traffic signal control at the
intersection of Oso Parkway and Coto de Caza Drive; and make
California Environmental Quality Act (CEQA) exemption findings
under CEQA Guidelines section 15301 |
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52134 |
APPROVED
AS AMENDED TO INCLUDE APPROPRIATION OF $90,000 FROM
DISTRICT 5 DISCRETIONARY FUNDS TO PAY FOR DESIGN OF SIGNAL |
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RESO: 22-146 |
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S26D.
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Chairman Chaffee and
Supervisor Do - Adopt
resolution declaring Racism and Inequity as a Public Health
Crisis |
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14235 |
APPROVED AS RECOMMENDED |
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RESO:
22-147 |
JOHN
WAYNE AIRPORT
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S26E.
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Approve
amendment 4 to contract MA-280-19010940 with JBT
AeroTech Corporation for Terminals A, B and C Passenger
Loading Bridge and Baggage Handling System maintenance
services, term ending 1/13/23 ($292,227; new total $5,225,343;
cumulative total $17,286,890) and amendment 5 to renew
contract, 1/14/23 - 1/13/25 ($15,424,813; cumulative total
$32,711,703); and authorize County Procurement Officer or
Deputized designee to execute amendments - District 5 |
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52134 |
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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S26F.
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Chairman Chaffee and
Supervisor Bartlett - Approve
withdrawal of County from Orange County Power Authority Joint
Powers Agreement (JPA); direct County Counsel to send notice
to all appropriate parties of County's withdrawal from JPA and
demand that Power Authority immediately cease undertaking any
activities to procure power for unincorporated residents and
desist from incurring any further costs attributable to County
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B.O.
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CONTINUED TO 12/20/22,
9:30 A.M.
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S26G.
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Supervisor Bartlett - Assessment
Appeals Board No. 5 - Appoint Dave Sanner, Newport
Beach, to complete term ending 9/1/24 |
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NO ACTION |
IV.PUBLIC HEARINGS (Items 27-28)
OC
COMMUNITY RESOURCES
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27.
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Public
Hearing to consider adopting resolution for revised fee
schedule for OC Parks to create an accession fee; and make
California Environmental Quality Act (CEQA) exemption findings
under CEQA Guidelines Section 21080(b)(8) and other related
findings - All Districts |
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B.O.
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CLOSED PUBLIC HEARING |
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15234 |
APPROVED AS RECOMMENDED |
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RESO:
22-148 |
OC
PUBLIC WORKS
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28.
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Public
Hearing to consider adopting resolutions and second
readings and adoption of "An Ordinance of the County of
Orange, California, Repealing the International Building Code,
2018 Edition; the California Building Code, 2019 Edition; the
California Residential Code, 2019 Edition; the California
Energy Code, 2019 Edition; the California Green Building
Standards Code, 2019 Edition; the California Historical
Building Code, 2019 Edition; the California Existing Building
Code, 2019 Edition; Repealing Ordinance 19-006 and Adopting by
Reference the California Building Code, 2022 Edition; the
International Building Code, 2021 Edition; the California
Residential Code, 2022 Edition; the California Energy Code,
2022 Edition; the California Green Building Standards Code,
2022 Edition; the California Historical Building Code, 2022
Edition; the California Existing Building Code, 2022 Edition;
with Amendments Thereto"; "An Ordinance of the County of
Orange, California, Repealing the 2018 Edition of the Uniform
Plumbing Code, Repealing the 2019 Edition of the California
Plumbing Code Repealing Ordinance 19-009, and Adopting by
Reference the Uniform Plumbing Code, 2021 Edition and the
California Plumbing Code, 2022 Edition, Including Appendices,
with Amendments Thereto"; "An Ordinance of the County of
Orange, California Repealing the 2018 Edition of the Uniform
Mechanical Code, Repealing the 2019 Edition of the California
Mechanical Code, Repealing Ordinance 19-008 and Adopting by
Reference the Uniform Mechanical Code, 2021 Edition, and the
California Mechanical Code, 2022 Edition, Amendments Thereto";
"An Ordinance of the County of Orange, California Repealing
the National Electrical Code, 2017 Edition, Repealing the
California Electrical Code, 2019 Edition, Repealing Ordinance
19-009 and Adopting by Reference the National Electrical Code,
2020 Edition and the California Electrical Code, 2022 Edition
with Amendments Thereto"; "An Ordinance of the County of
Orange, California Repealing the California Fire Code, 2019
Edition Ordinance 19-010 and Adopting by Reference the
California Fire Code, 2022 Edition with Appendix B, BB, C, CC,
and H and Amendments Thereto"; and order further reading of
the Ordinances be waived - All Districts (Continued from
11/29/22, Item 52) |
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B.O.
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CLOSED PUBLIC HEARING |
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51234 |
APPROVED AS RECOMMENDED |
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RESO:
22-149 - 22-153 |
V.CLOSED SESSION (Items CS-1-SCS3)
GENERAL
ADMINISTRATION
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CS-1.
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County Executive Office -
CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government
Code Section 54956.8: |
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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: ON A VOTE OF 4-0, WITH CHAIRMAN CHAFFEE, AND
SUPERVISORS DO, FOLEY, AND BARTLETT VOTING AYE, AND
SUPERVISOR WAGNER ABSENT, THE BOARD APPROVED A WORKERS'
COMPENSATION SETTLEMENT IN THE AMOUNT OF $307,287.42 IN
EXCHANGE FOR A COMPROMISE AND RELEASE. THE APPLICANT,
DANIEL AKIN, WORKED AS A SUPERVISING DEPUTY CORONER AND
CLAIMED CUMULATIVE TRAUMA TO HIS LOWER BACK, HIPS, AND
LEFT KNEE |
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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 CHAIRMAN CHAFFEE, AND
SUPERVISORS DO, FOLEY, AND BARTLETT VOTING AYE, AND
SUPERVISOR WAGNER ABSENT, THE BOARD AUTHORIZED AND
DIRECTED COUNTY COUNSEL TO EXECUTE AN AMENDMENT TO THE
CATHOLIC WORKER LITIGATION SETTLEMENT AGREEMENT, AND A
STIPULATION WITH THE DISTRICT COURT, TO EXTEND THE COURT'S
JURISDICTION UNTIL JULY 2025, AND TO AUTHORIZE THE PAYMENT
OF ATTORNEY'S FEES, IN AN AMOUNT NOT TO EXCEED $100,000
PER YEAR, TO PLANTIFFS' COUNSEL FOR ONGOING MONITORING
ACTIVITIES
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VI.PUBLIC, CEO, ADJOURNMENT &
BOARD COMMENTS
PUBLIC
COMMENTS:
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Brigitte - Oral re:
Board disrespect for peace officers in the room; public is not
evil; ignoring public speakers create adversarial response;
abuse of power and authority |
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Steve Rocco - Oral re:
Charles Manson learned about politics in prison; all serial
killers want civic insurrection, to be famous and they want
something to be done |
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Bryan Kaye - Oral re:
List of items the Board members are grateful for |
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Carolyn - Oral re: Don't
allow vaccine passports which track social media scores;
played audio regarding China piloting facial recognition
cameras that are tied to vaccine passports |
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Kim Sorgente - Oral re:
Two year anniversary of being attacked by violent thugs who
were punching women with brass knuckles and throwing American
flags in the gutter; Santa Ana Police Department did not take
statements from victims and witnesses and thugs were released
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Denise - Oral re: Stop
COVID and RSV emergency orders and do not vote for vaccine
passports and PCR tests; adverse disorders of vaccines are
increasing |
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Ilya Tseglin - Oral re:
Reason for coming to every meeting is because the Board does
not work for the people but for mafia bosses and con-artists
Larry Landauer, court, Public Defender and Social Services
Agency; family has been targeted byLarry
Landauer and corrupted court for 20 years |
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Name not provided - Oral
re: Former County employee;need
taxpayers to pay the Board's salaries; everyone needs to speak
English to get a job |
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Anna
M. - Oral re: Opposes vaccine passports and COVID-19
vaccines; informed consent for medical treatment of vaccines
including ingredients, side effects and lack of provider
liability |
COUNTY
EXECUTIVE OFFICER COMMENTS:
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None |
ADJOURNED:2:16 P.M.
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24135 |
Adjourned in memory of
Evelyn Reese Hart, Peter Keller and Mary Adams Urishima |
BOARD
COMMENTS:
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None |
***KEY***
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Left
Margin Notes |
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1.
= Supervisor Do |
A.=Abstained |
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2. = Supervisor Foley |
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 Bartlett |
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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 |