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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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333 W. Santa Ana Blvd., 10 Civic Center Plaza |
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Santa Ana, California |
PATRICIA
BATES
CHAIR
Fifth District
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JANET NGUYEN VICE CHAIR First District
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JOHN M.W. MOORLACH SUPERVISOR Second District
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BILL CAMPBELL SUPERVISOR Third District
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CHRIS NORBY SUPERVISOR Fourth District
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ATTENDANCE: All Present
EXCUSED: None
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PRESENT: |
COUNTY EXECUTIVE OFFICER |
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Thomas G. Mauk |
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COUNTY COUNSEL |
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Benjamin P. de Mayo |
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CLERK OF THE BOARD |
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Darlene J. Bloom |
INVOCATION: Supervisor Norby,
Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE:
Supervisor Campbell, Third District, led the assembly in the Pledge of
Allegiance
I.
PRESENTATIONS/INTRODUCTIONS
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The Oath of Office was administered to Supervisors Janet Nguyen and Bill Campbell |
II.
CONSENT CALENDAR (Items 1-31)
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32145 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 14 & 31 WHICH WERE CONTINUED TO 1/27/09, 9:30 A.M.; AND ITEMS 4, 5, 7 & 29 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
GENERAL
ADMINISTRATION
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1. |
Supervisor Campbell - Adopt resolution commemorating the dedication of UCI's University Hospital |
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RESO: 09-001 |
BOARD APPOINTMENTS
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Chair Moorlach: |
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2. |
Law Library Board of Trustees - Appoint Thomas C. Edwards, Fullerton and Beatrice A. Tice, Irvine, to complete terms ending 12/31/09 |
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3. |
Orange County Veterans Advisory Council - Appoint Angela K. Ridgon, Huntington Beach, to complete term ending 1/2/11 |
DEPARTMENT
APPOINTMENTS
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4. |
Health Care Agency - Orange County HIV Planning Council - Appoint Tony Barnett, Newport Beach; Shawn Coakley, Costa Mesa; Sarah Kasman, Lake Forest; Jonathan Kostka, Huntington Beach; Leslie Wilson, Rancho Santa Margarita; Phil Yaeger, Irvine and reappoint Amanda Acabeo, Tustin; Andy Encinas, Santa Ana; Rosie Galvan, Santa Ana; Jerry Lail, Irvine; Shelly Lummus, Cypress and Miles Wood, Costa Mesa, for terms ending 12/31/10 - All Districts (Continued from 11/25/08, Item 1; 12/9/08, Item 4 ) |
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23145 |
APPROVED AS RECOMMENDED |
ELECTED DEPARTMENT
HEADS
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District Attorney: |
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5. |
Set Public Hearing for 1/27/09, 9:30 a.m., to consider establishment of a recording fee for Real Estate Fraud Prosecution Trust Fund - All Districts |
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32145 |
APPROVED AS MODIFIED TO SET PUBLIC HEARING DATE FOR 2/10/09, 9:30 A.M., AND DIRECTED STAFF TO INCLUDE A THREE-YEAR SUNSET DATE FOR PROPOSED FEE |
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6. |
Set Public Hearing for 1/27/09, 9:30 a.m., to consider establishment of a fee for the collection and processing of DNA - All Districts |
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Sheriff-Coroner: |
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7. |
Receive and file annual Inmate Welfare Fund Expenditure Report for FY 2007-08 ($4,075,106) and Revenue Report ($4,083,041) - All Districts |
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23145 |
APPROVED AS RECOMMENDED |
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8. |
Authorize use of County resources for the Southern California Jail Managers Association meeting to be held on 1/15/09 at the Regional Training Academy ($2,000); and make appropriate findings - All Districts |
CHILD SUPPORT SERVICES
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9. |
Approve purchase order with Informatix Inc. for software license fees and maintenance support services, 8/3/08 - 10/31/08 ($1,879) - All Districts |
HEALTH CARE AGENCY
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10. |
Approve agreement with State Department of Public Health for AIDS Drug Assistance Program, 7/1/08 - 6/30/09 ($49,881) - All Districts |
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11. |
Approve amendment to agreement 07-65120 A01 with State Department of Public Health for Children's Dental Disease Prevention Program, 7/1/08 - 6/30/10 ($26,691 decrease; new total $240,219 per year); and authorize Director or designee to execute Contractors Release form upon submission of final invoice - All Districts |
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12. |
Adopt resolution approving grant agreement EA19-08-26 with California Integrated Waste Management Board for enforcement assistance and payment request for solid waste management, 7/1/08 - 6/30/09 ($44,219); and authorize Director or designee to execute grant agreement and related documents - All Districts |
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RESO:
09-002 |
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13. |
Approve master agreement with various providers for HIV Health Care services, 3/1/09 - 2/28/11; and authorize Director or designee to execute individual agreements - All Districts |
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14. |
Approve purchase order PC 042 P0900603198 with Hospital Association of Southern California for purchase of Hospital Emergency Administrative Radio equipment ($225,889) - All Districts |
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32145 |
CONTINUED TO 1/27/09, 9:30 A.M. |
JOHN WAYNE AIRPORT
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15. |
Authorize Director to allocate regulated average daily departures, seat capacity, remain over night and passenger capacity to scheduled commercial and commuter air carriers under Commercial Airline Access Plan and Regulation for 2009-10 Plan Year; approve related actions; and make California Environmental Quality Act findings - District 2 |
OC DANA POINT HARBOR
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16. |
Approve plans and specifications and set bid opening for 2/4/09, 2:00 p.m., for Dana Wharf Restroom project; and make California Environmental Quality Act findings - District 5 |
OC COMMUNITY RESOURCES
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17. |
Approve change order no. 1 with Prava Construction Services, Inc. for expansion of community room, Dana Point Branch library ($17,551; new total $117,051); and make California Environmental Quality Act findings - District 5 |
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18. |
Approve amendment 3 to agreement D06-003 with LSA Associates, Inc. for preparation of Aliso and Wood Canyons Wilderness Park Resource Management Plan, extending term 2/1/09 - 1/31/10; and make California Environmental Quality Act findings - District 5 |
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19. |
Accept cash donation from Angels Baseball, LP for feeding, sheltering and caring of animals at OC Animal Care Shelter ($12,000) - All Districts |
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20. |
Authorize OC Public Libraries to establish Foster Child Library Card Program and approve waivers of overdue fines and one time lost item fine for participants of program, effective 1/27/09 - All Districts |
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21. |
Acting as the Board of Supervisors and Orange County Development Agency - Adopt 2008-09 Budget and Orange County Development Agency Work Program - All Districts |
OC PUBLIC WORKS
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22. |
Accept work of SEMA Construction, Inc. for Crown Valley Parkway Phase II from Jardines to Ladera Planned Community Boundary; project completed 11/18/05 ($5,751,669.66) - District 5 |
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23. |
Accept quitclaim deed from Huntington Beach for right-of-way of Edinger Avenue Bridge; and make California Environmental Quality Act findings - District 2 |
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24. |
Approve amendment 1 to lease and memorandum with Laguna Beach for addition of 227.9 acres of land to Laguna Coast Wilderness Park; and make California Environmental Quality Act findings - District 5 |
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25. |
Approve plans and specifications and set bid opening for 2/18/09, 2:00 p.m., for replacement of four picnic shelters, Mason Regional Park, Irvine; and make California Environmental Quality Act findings - District 3 |
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26. |
Receive bids and award contract to GEMS Environmental Management Services, Inc. for Phase II Vapor Recovery Upgrade at various locations, Santa Ana and Laguna Niguel ($265,627) - Districts 1 & 5 |
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27. |
Approve plans and specifications and set bid opening for 3/11/09, 2:00 p.m., for replacement of Modjeska Pedestrian Bridge, Silverado; and make California Environmental Quality Act findings - District 3 |
OC WASTE & RECYCLING
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28. |
Approve plans and specifications and set bid opening for 2/18/09, 2:00 p.m., for Gas Collection and Control System for Cannery Street Former Refuse Disposal Station; and make California Environmental Quality Act findings - District 2 |
SOCIAL SERVICES AGENCY
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29. |
Approve agreement CAA4708 with A White and Yellow Cab, Inc. to provide general transportation services to children at Orangewood Children's Home and Court Return Facility, 1/15/09 - 6/30/09 ($43,333); and authorize Director or designee to extend term for six additional months - All Districts |
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31245 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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30. |
Clerk of the Board - Approve price agreement N1000010682 with Municipal Code Corporation for Codified Ordinance Supplement services, 1/15/09 - 12/31/11 ($15,000) - All Districts |
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31. |
County Executive Office - Adopt Countywide Information Technology Strategic Plan and Information Technology Working Group revised Mission Statement - All Districts |
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32145 |
CONTINUED TO 1/27/09, 9:30 A.M. |
END OF CONSENT CALENDAR
III. DISCUSSION ITEMS
(Items 32-S50A)
ELECTED DEPARTMENT HEADS
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32. |
District Attorney - Approve price agreement N1000010493 with The Bode Technology Group, Inc. for DNA processing services, 1/14/09 - 12/31/09 ($250,000); renewable for four additional one-year periods; approve contingency increase not to exceed 10% - All Districts |
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31245 |
APPROVED AS RECOMMENDED |
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33. |
Sheriff-Coroner - Ratify approval of amendments to price agreement N1000004861 with Southwest Mortuary Services Incorporated for body transport services for the period 12/1/02 – 2/29/08; and approve price agreement N2000009480 in an amount not to exceed $300,000, 1/15/09 – 4/14/10 – All Districts |
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32145 |
APPROVED AS RECOMMENDED |
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34. |
Treasurer-Tax Collector - Adopt resolution authorizing sale and issuance of Los Alamitos Unified School District General Obligation Bonds of School Facilities Improvement District No. 1 Election of 2008, Series 2009 ($27,000,000) - District 2 |
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23145 |
APPROVED AS RECOMMENDED |
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RESO:
09-003 |
HEALTH CARE AGENCY
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35. |
Approve amendment 1 to master agreement with various hospital providers for adult mental health inpatient services, 7/1/08 - 6/30/9 ($3,100,000; new total $6,145,999); and authorize Director or designee to execute agreements - All Districts |
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31245 |
APPROVED AS RECOMMENDED |
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36. |
Approve agreements with State Department of Public Health for California Healthcare for Indigents Program ($185,196) and for Emergency Medical Services Appropriation fund, FY 2008-09 ($1,147,052); and approve submission of Description of Proposed Expenditures for California Healthcare for Indigents Program, FY 2008-09 - All Districts |
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43125 |
APPROVED AS RECOMMENDED |
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37. |
Approve agreement 08-85430 with State Department of Public Health for Women, Infants, and Children Supplemental Nutrition Program, 10/1/08 - 9/30/11 ($19,503,000); and authorize Director or designee to execute Contractor's Release form upon submission of final invoice - All Districts |
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43125 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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38. |
Acting as the Board of Supervisors and Orange County Housing Authority - Approve submission of applications and related agreements to U.S. Department of Housing and Urban Development and Federal Emergency Management Agency to transfer eligible designated participants and funding from Disaster Housing Assistance Program to Housing Choice Voucher Program, 1/15/09 - 1/31/12; and authorize Orange County Housing Authority to submit application to expand Family Unification Program and execute related agreements - All Districts |
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43125 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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39. |
Approve contract change order no. 2 to agreement D08-018 with KLM Construction, Inc. for Santiago Canyon Road Bridge SC-9 design and maintenance ($283,630) - District 3 |
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34125 |
APPROVED AS RECOMMENDED |
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40. |
Acting as the Orange County Flood Control District - Approve acquisition contract and accept grant deed from John M. and Mary S. Rocha for purchase of real property for Prado Dam project ($13,135,000); authorize Director or designee to execute related documents; authorize Auditor-Controller to make related payments; and make California Environmental Quality Act findings - All Districts |
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31245 |
APPROVED AS RECOMMENDED |
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41. |
Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreement D08-103 with Tetra Tech, Inc. for design services for relocation of Santa Ana River Interceptor Line between Prado Dam and Weir Canyon Road ($9,957,000); and authorize Director to return to the Board for additional authorization prior to proceeding with Work Order No. 2 - District 3 |
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31245 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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42. |
Approve
continuance of local emergency in connection with the Freeway Complex
Fire; located at Olinda Alpha Landfill pursuant to Public Contact Code
Section 22050 due to damages and lack of an operational landfill gas
extraction, control, and groundwater |
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31245 |
APPROVED AS RECOMMENDED |
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43. |
Approve agreement with Geosyntec Consultants to provide Regulatory Compliance Support services term ending 7/31/10 ($755,000) - All Districts |
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43125 |
APPROVED AS RECOMMENDED |
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44. |
Deny bid protest of The Richardson Group; receive bids and award contract to Horizons Construction Company International, Inc. for new office building, Prima Deshecha Landfill ($3,655,106); and make California Environmental Quality Act findings - District 5 |
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B.O. |
CONTINUED TO 1/27/09, 9:30 A.M. |
SOCIAL SERVICES AGENCY
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45. |
Select PROTOTYPES, Center for Innovation in Health, Mental and Social Services as provider for Mother and Child Residential Homes, Tustin Family Campus, 4/1/09 - 3/31/10; and authorize negotiation of agreement for Board approval - All Districts |
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43125 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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46. |
Board of Supervisors - Consider second reading and adoption of "An Ordinance of the County of Orange, California, Amending Sections 4-11-2(a) and 4-11-11, to the Codified Ordinances of the County of Orange regarding Orange County Health Authority" (Continued from 11/25/08, Item 49; 12/9/08, Item 42; 12/16/08, Item S54A) |
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13245 |
APPROVED AS RECOMMENDED |
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ORD:
09-001 |
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County
Executive Office: |
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47. |
Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts |
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31245 |
APPROVED AS RECOMMENDED |
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48. |
Approve recommended grant applications submitted by Health Care Agency and authorize Health Care Agency Director or designee to certify property/facilities developed with these funds will be maintained and used to provide MHSA programs/services and/or support for a minimum of twenty years, OC Community Resources, Sheriff Department and Social Services Agency in 1/13/09 grant report and other actions as recommended; approve Memorandum of Understanding with Anaheim Housing Authority for Family Unification Program; and authorize Social Services Agency Director or designee to execute MOU - All Districts |
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21345 |
APPROVED AS RECOMMENDED |
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49. |
Human Resources Department - Adopt resolution approving Mandatory Work Furlough Policy - All Districts |
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23145 |
APPROVED AS RECOMMENDED |
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RESO:
09-004 |
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50. |
Board of Supervisors - Election of Officers |
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21345 |
NOMINATED AND ELECTED SUPERVISOR BATES AS 2009 CHAIR OF THE BOARD OF SUPERVISORS |
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34125 |
NOMINATED AND ELECTED SUPERVISOR NGUYEN AS 2009 VICE CHAIR OF THE BOARD OF SUPERVISORS |
ELECTED DEPARTMENT HEADS
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S50A. |
Sheriff-Coroner - Oral Report on concealed Carry Weapons and the Department of Justice findings on revocation of Carry Concealed weapons permits - All Districts |
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PRESENTED |
IV. PUBLIC HEARINGS
(Item 51)
OC PUBLIC WORKS
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51. |
Public hearing to consider first reading of "An Ordinance of the County of Orange, California to Adopt the 2008/2009 Building and Planning Schedules Including the 2008/2009 Building and Safety, Planning, Subdivision and Grading Permit Deposit and Fee Schedule, and the 2008/2009 Building and Safety and Planning Rate Table"; and set second reading and adoption for 1/27/09, 9:30 a.m.; direct staff to reevaluate fee rates every six months and return to the Board with adjustments as required; and make California Environmental Quality Act findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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23145 |
APPROVED AS RECOMMENDED |
V. CLOSED
SESSION (Items CS-1-SCS-3)
GENERAL ADMINISTRATION
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County
Counsel: |
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CS-1. |
CONFERENCE WITH LEGAL COUNSEL -
INITIATION OF
LITIGATION - Pursuant to Government Code Section 54956.9(c): |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT REGARDING THE OC CAFE. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES. |
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CS-2. |
CONFERENCE WITH LEGAL COUNSEL -
EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a): |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED THE FILING OF AN APPEAL IN THE CASE OF VINCE V. COUNTY OF ORANGE, DEPARTMENT OF CHILD SUPPORT SERVICES. |
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SCS-3. |
County
Counsel - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to
Government Code Section 54957: |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD
& EMAIL COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Denis Fitzgerald - Oral Re: Elections in OC - Candidate Statement Charges recent litigation |
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Darrell Nolta - Oral Re: Concerns regarding recent death of woman shot by OC deputy and local PD |
COUNTY EXECUTIVE OFFICER
COMMENTS:
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None |
BOARD COMMENTS AND TRAVEL
REPORTS:
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Supervisors Campbell & Bates - Oral Re: AB 1234 Report: Announced their recent trip to Sacramento re: modification to mitigation funds held for fish & game projects and met with other legislators (discussed during item 47, Legislation). |
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Supervisors Norby, Campbell, Moorlach - Oral Re: Directed CEO to provide board with an analysis of the termination of Maximus Agreement as to the cost effectiveness of transferring services to staff. Staff was directed to also provide analysis of 50/50 split vs. an all or nothing option along with a transition plan. |
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All Board Members thanked Supervisor Moorlach for his leadership as Chair last year and congratulated Supervisor Bates and Nguyen on their election as Chair and Vice Chair for this year. |
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Chair Bates announced the leaving of her Chief of Staff, Justin McCusker and wished him well. |
ADJOURNED: 3:12 P.M.
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15234 |
Adjourned in memory of Tiffany Le |
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25134 |
Adjourned in memory of Dave Wheeler |
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25134 |
Adjourned in memory of Donald Callendar |
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25134 |
Adjourned in memory of Nick Scandone |
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51234 |
Adjourned in memory of Kaydee Royce Campbell |
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35124 |
Adjourned in memory of Lynn Livingston |
*** KEY ***
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Left Margin Notes |
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1. = Supervisor Nguyen |
A. = Abstained |
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2. = Supervisor Moorlach |
X. = Excused |
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3. = Supervisor Campbell |
N. = No |
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4. = Supervisor Norby |
BO = Board Order |
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5. = Supervisor Bates |
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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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Chair, Orange County Board of Supervisors |
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Orange County Clerk of the Board |