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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 |
BILL CAMPBELL
CHAIRMAN
Third District
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JOHN M. W. MOORLACH VICE CHAIRMAN Second District
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JANET NGUYEN SUPERVISOR First District
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SHAWN NELSON SUPERVISOR Fourth District
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PATRICIA BATES SUPERVISOR Fifth 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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Nicholas S. Chrisos |
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CLERK OF THE BOARD |
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Susan Novak, Chief Deputy |
INVOCATION: Supervisor Nguyen,
First District, gave the invocation
PLEDGE OF ALLEGIANCE:
Supervisor Nelson, Fourth District, led the assembly in the Pledge of
Allegiance
I.
PRESENTATIONS/INTRODUCTIONS
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Presentation of District goals for 2011 |
II.
CONSENT CALENDAR (Items 1-12)
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24153 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 9 & 12 WHICH WERE CONTINUED TO 3/1/11, 9:30 A.M; AND ITEMS 3 & 6 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Chairman Campbell - In-Home Supportive Services Advisory Committee - Reappointment Dustin Manhart, Anaheim, for term ending 12/31/11 |
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2. |
Supervisor Moorlach - Orange County Veterans Advisory Council - Reappoint Angela K. Rigdon, Huntington Beach, for term ending 1/2/13 |
COMMENDATIONS/PROCLAMATIONS/REPORTS
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3. |
Supervisor Bates - Adopt resolution proclaiming February 6, 2011 as "Ronald Reagan Day" |
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52143 |
APPROVED AS RECOMMENDED |
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RESO: 11-014 |
HEALTH CARE AGENCY
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4. |
Approve agreement with The Regents of the University of California for Primary Medical Care services, 3/1/11 - 2/28/13 ($230,000); and authorize Purchasing Agent or designee to exercise contingency contract increase not to exceed 10% under certain conditions - All Districts |
OC COMMUNITY
RESOURCES
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5. |
Approve agreement CT-012-11010446 with Milbrand Cinema to produce a nature film for Upper Newport Bay Nature Preserve, 2/1/11 - 7/31/12 ($146,830) - All Districts |
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6. |
Accept donation of a piano and horse-drawn surrey from Linda Irvine Smith for display at OC Parks facilities ($31,000) - All Districts |
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25143 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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7. |
Receive bids and award contract to JAM Fire Protection, Inc. dba JAM Corporation for Youth Guidance Center fire alarm upgrade project at 3030 N. Hesperian Way, Santa Ana ($132,900) - District 1 |
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8. |
Reject all bids and re-advertise at a future date for construction of Laguna Canyon Road Segment 4, Phase 1 Widening project - District 5 |
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9. |
Approve Gobernadora Multi-Purpose Basin Memorandum of Understanding with Rancho Santa Margarita Water District and Rancho Mission Viejo LLC for funding, design, construction and operation of multi-purpose water quality and flood retention basin; and make findings - District 5 |
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24153 |
CONTINUED TO 3/1/11, 9:30 A.M. |
OC WASTE &
RECYCLING
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10. |
Approve amendment 1 to renew agreement MA-299-11010701 with Associated Laboratories and Weck Laboratories, Inc. for water quality analytical services, 4/1/11 - 3/31/12 ($150,000) - All Districts |
GENERAL
ADMINISTRATION
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11. |
Clerk of the Board - Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Local Agency Formation Commission, Orange County Cemetery District, Moulton Niguel Water District and Santa Margarita Water District - All Districts |
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12. |
County Executive Office - Authorize
County Executive Officer, Thomas G. Mauk, to act as designated
negotiating representative to enter into negotiations with City of Santa Ana
and State Administrative Offices of the Courts to determine appropriate
disposition of the Santa Ana Civic Center Joint Powers Authority and return
to the Board within 180 days with recommendations - District 1 (Board
Directive 8/17/10) |
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24153 |
CONTINUED TO 3/1/11, 9:30 A.M. |
END OF CONSENT CALENDAR
III.
DISCUSSION ITEMS (Items 13-28)
HEALTH CARE AGENCY
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13. |
Approve amendment 1 to agreements with National Council on Alcoholism and Drug Dependence - Orange County, 12/1/09 - 6/30/11 ($20,000; new total $294,000), AHMC Anaheim Regional Medical Center ($20,000; new total $177,000) and Nhan Hoa Comprehensive Health Care Clinic ($20,000; new total $177,000) for Tobacco Cessation services, 7/1/10 - 6/30/11; and amendment 1 to master agreement with various providers of Community Clinic services, 7/1/10 - 6/30/11 ($191,702; new total $5,083,080); authorize Director or designee to execute individual amendments to master agreement - All Districts |
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B.O. |
CONTINUED 2/8/11, 9:30 A.M. |
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14. |
Approve selection of and agreement with Telecare Corporation for Enhanced Recovery Full Service Partnership Services for Adults, 2/1/11 - 6/30/11 ($1,188,364) and 7/1/11 - 6/30/12 ($2,318,993) - All Districts |
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54123 |
APPROVED AS RECOMMENDED |
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15. |
Approve selection of and agreements with AIDS Services Foundation Orange County ($1,528,245), Delhi Center ($142,958), Laguna Beach Community Clinic, Inc. ($241,581) and Shanti Orange County ($178,413) for HIV services, 3/1/11 - 2/29/12; and authorize Purchasing Agent or designee to exercise contingency increase not to exceed 10% under certain conditions - All Districts |
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54123 |
APPROVED AS RECOMMENDED |
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16. |
Approve amendment 5 to agreement with Advanced Medical Management, Inc. for Fiscal Intermediary services, 9/1/08 - 12/31/11 ($8,943,380 decrease; new total $204,149,945); amendment 1 to Medical Services Initiative Program master agreements for provision of hospital services, 9/1/09 - 4/30/11 ($6,503,634 increase; new total $45,757,940), clinic services, 9/1/09 - 4/30/11 ($406,219 Increase; new total $3,373,531), hospital services, 11/1/09 - 12/31/11 ($12,111,062 decrease; new total $28,910,744), clinic services, 11/1/09 - 12/31/11 ($659,552 decrease; new total $1,777,760); and authorize Director or designee to execute individual provider amendments with providers - All Districts |
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21453 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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17. |
Acting as the Board of Supervisors and Orange County Flood Control District - Consider first reading of "An Ordinance of the County of Orange, California, Amending Articles 1 Through 9 of Title 4, Division 13 Regarding Water Quality" and "An Ordinance of the Orange County Flood Control District, California, Amending Articles 1 Through 9 of Title 9, Division 1 Regarding Water Quality"; set second readings and adoptions for 2/8/11, 9:30 a.m.; and make California Environmental Quality Act findings - All Districts |
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B.O. |
CONTINUED TO 2/8/11, 9:30 A.M. |
SOCIAL SERVICES
AGENCY
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18. |
Approve amendment 1 to agreement WCI0110A with Arbor E & T, LLC for employment support services, 7/1/10 - 6/30/11 ($1,174,638; new total $11,197,812) - All Districts |
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54123 |
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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19. |
County Counsel - Select law firm to provide special advisory and litigation legal services related to County's 2011 redistricting process; and authorize County Counsel to execute agreement with selected firm - All Districts (4/5 vote of membership) |
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51243 |
MOTION TO SELECT AND AWARD CONTRACT TO WOODRUFF, SPRADLIN & SMART FAILED DUE TO LACK OF 4/5 VOTE |
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51243 |
SELECTED WOODRUFF, SPRADLIN & SMART AND AWARDED MODIFIED CONTRACT EXCLUDING LITIGATION SERVICES; DIRECTED STAFF TO REPORT TO THE BOARD IF BILLINGS REACH $50,000 |
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County Executive Office: |
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20. |
Approve amendment 4 to price agreement N1000008540 with Network Television Time, Inc. for Board Meeting Broadcast services and equipment, effective 4/1/11 - 3/31/12 ($280,000) - All Districts (Continued from 1/11/11, Item 28) |
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51243 |
APPROVED AS RECOMMENDED |
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21. |
Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts |
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42153 |
APPROVED AS RECOMMENDED |
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22. |
Approve amended legal fees for Workers' Compensation defense services (up to $140 per hour for associates and junior partners) (up to $150 per hour for senior partners or defense attorneys), effective 1/1/11 - All Districts (Continued from 11/23/10, Item 36; 1/25/11, Item 40) |
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B.O. |
CONTINUED TO 3/1/11, 9:30 A.M. |
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23. |
Response to 11/23/10 Board Directive regarding Policy on Donations - All Districts (Continued from 1/25/11, Item 45) |
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43125 |
APPROVED AS RECOMMENDED |
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24. |
Consider
first reading of "An Ordinance of the County of Orange, California
Adding Article 5 to Division 1 of Title 1 of the Codified Ordinances of the
County of Orange Pertaining to Lobbyist Registration and Reporting" ;
and set second reading and adoption for 2/8/11, 9:30 a.m. - All Districts
(Response to 11/23/10) |
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15243 |
DIRECTED CEO AND COUNTY COUNSEL TO MAKE THE FOLLOWING MODIFICATIONS TO THE ORDINANCE AND RETURN TO THE BOARD ON 2/8/11 FOR SECOND READING AND ADOPTION: REMOVE SECTION 501(C)(3) NON-PROFIT ASSOCIATIONS OR CORPORATIONS FROM 1-1-80(B)(3); ADD "SOLICITING COUNTY CONTRACTS OR FUNDS" TO 1-1-80(E); ADD 1-1-80(G)(8) EXEMPTING ELECTED OFFICIALS AND PUBLIC EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITY; ADD DEFINITION OF COUNTY AGENCY OR COMMISSION TO 1-1-80(I); CHANGE 1-1-82 FROM QUARTERLY TO ANNUAL REPORTING WITH ANY MID-YEAR CHANGES FILED WITH THE CLERK OF THE BOARD ON AMENDMENT TO REGISTRATION FORM; REMOVE "ATTEMPT TO DECEIVE" AND ADD "OR SUPERVISORS STAFF'S" AFTER "COUNTY SUPERVISOR" FROM 1-1-83(B); REMOVE "FALSELY" FROM 1-1-83(E); DIRECTED CEO TO RETURN TO THE BOARD ON 2/8/11 WITH JUSTIFICATION FOR INITIAL AND ANNUAL REGISTRATION FEE AMOUNTS AND RETURN TO THE BOARD IN 60 DAYS WITH PROPOSED MODIFICATION TO ORDINANCE DEFINING CONDITIONS THAT SECTION 501(C)(3) NON-PROFIT ASSOCIATIONS OR CORPORATIONS WILL BE EXEMPT. |
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25. |
Approve revised Voluntary Contract Cost Reduction Program to incorporate Board recommendations to provide more program oversight, regular reporting on status of program and performance assurance measures - All Districts |
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54123 |
APPROVED AS RECOMMENDED |
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26. |
Approve recommended grant application submitted by Health Care Agency in 1/25/11 grant report and other actions as recommended - All Districts (Continued RA #6 from 1/25/11, Item 44) |
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24153 |
APPROVED AS RECOMMENDED |
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27. |
Approve agreement for data support services required for County decennial redistricting project - All Districts |
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B.O. |
CONTINUED TO 2/8/11, 9:30 A.M. |
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28. |
Human Resources Department - Direct staff to take the necessary steps to authorize the County's bi-weekly contribution to the Elected Officials 401(a) Alternative Retirement (defined contribution) plan to match the percentage of wages that is contributed by a private sector employer to Social Security (the Federal Insurance Contributions Act (FICA) tax) and to implement a mandatory employee bi-weekly contribution matching that required for a private sector employee to FICA and to take the necessary steps to implement the Elected Officials 401(a) Alternative Retirement plan as a retirement plan option for future Elected Officials - All Districts (Continued from 12/14/10, Item S66B; 1/11/11, Item 32; 1/25/11, Item 47) |
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43125 |
CONTINUED TO 2/8/11, 9:30 A.M. |
IV.
PUBLIC HEARINGS (None)
V.
CLOSED SESSION (Items CS-1-SCS6)
GENERAL
ADMINISTRATION
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County Counsel: |
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CS-1. |
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, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF JOHN WHITE V. COUNTY OF ORANGE. 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 CEO/RISK MANAGEMENT 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, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF KENDALL SANDERS V. COUNTY OF ORANGE. 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 CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
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CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(a): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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CS-4. |
CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION - Pursuant to Government Code Section 54956.9(b):Number of Cases: One Case |
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B.O. |
DELETED |
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CS-5. |
Human Resources Department - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
CONTINUED TO 2/8/11, 9:30 A.M. |
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SCS6. |
County Counsel - 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 VOTE OF 4 TO 1, SUPERVISORS CAMPBELL, NGUYEN, NELSON AND BATES VOTING IN FAVOR, SUPERVISOR MOORLACH VOTING AGAINST, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF MARILYN MADDOX V. COUNTY OF ORANGE. 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 CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
VI.
PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Salam-Al Marayati, Saadia Khan, Adel Syed, Mohy, Sahar Aziz, Summer Cook and Rania Abdellatif - Oral Re: UCI student protest case |
COUNTY EXECUTIVE
OFFICER COMMENTS:
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None |
BOARD COMMENTS,
COMMITTEE, COMMISSION AND TRAVEL REPORTS:
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Supervisor Moorlach - Oral Re: Directed CEO to set up page on County website listing items available for donation to OC schools and non-profits |
ADJOURNED: 12:20 P.M.
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13245 |
Adjourned in memory of Helen Bader |
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53124 |
Adjourned in memory of Erwin L. Stuller |
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13245 |
Adjourned in memory of Specialist Jose A. Torre, Jr. |
*** 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 Nelson |
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 |