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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 |
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MICHELLE STEEL CHAIRWOMAN Second District |
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ANDREW DO VICE CHAIR First District |
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TODD SPITZER SUPERVISOR Third District |
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SHAWN NELSON SUPERVISOR Fourth District |
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LISA A. BARTLETT SUPERVISOR Fifth District |
ATTENDANCE: All
Present
EXCUSED: None
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PRESENT: |
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 Spitzer, Third 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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Chairwoman Steel presented resolutions to
Dr. Phuong Nguyen, Tracy Pham, Dr. Timothy Bui and Serena Nguyen for their
leadership in both their chosen professions as well as their charitable
dedication to the Vietnamese American community of Orange County in
Commemorating the 42nd Anniversary of the Fall of Saigon |
II.
PUBLIC COMMENTS
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Katie
Thompson - Oral Re: Morrison &
Foerster, no action by the Board to correct the errors in the Fixed Base
Operation contracting process at John Wayne Airport and no effort to engage
with Signature or any other applicants to explore a reasonable resolution of
dispute or to respond to the serious legal issues in dispute issues, Part 16
complaint with the FAA and urging agency to withhold funding from the airport |
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Phillip
Kaplan - Oral Re: From Mannatt Phelps
& Phillips, flaws in process and the need to reengage and conduct a
valid RFP prior to awarding interim fixed base operation leases |
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Adriane Marshack - Oral Re: From Mannatt Phelps & Phillips, urged
the Board to develop a complete and unbiased record before issuing an award
of interim leases |
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Curt
Castagna - Oral Re: Supports Signature
Flight Support for Fixed Base Operation lease |
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Pam Doddridge - Oral re: Concerns with safety and charter
preferences, reconsider award of contract for interim fixed base operation
leases |
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Erik
Neiderman, Kurt Belcher, Ben Watson, Eric Hill, Jason Karlin, Darian Dahl,
Gloria Vasqueze, Michael Dant, Megan Cunningham, Marc Cardwell, Curt
Huffemier, Craig Foster, Amy Oshirio, Red McDonald, Bernie Bernardo, Scott
Harrold, Yoel Sade, Norman Ramierz, Monica Murray, Brandon Young, Daniel
N.Shrader - Oral Re: Supports
Signature Flight Support for Fixed Base Operation lease |
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Homan Asiri - Oral Re: Supports Signature Flight Support for Fixed
Base Operation lease, ACI Jet fuel prices are incorrect on bid |
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Julie Broderick - Oral Re: Supports Signature Flight Support for Fixed
Base Operation lease, comments by Steve Baric at 2/14/17 Board meeting were
incorrect regarding denial of leased space to Mr. Church |
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Joe
Daichendt - Oral Re: Supports ACI Jet
and competition in Orange County |
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Mike Robbins - Oral Re: Homeless advocate, homeless deaths and
genocide rates |
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Jeanine Robins - Oral Re: Recent headlines in OC Register regarding
homeless, homeless and resources available to homeless, riverbed convictions,
and kids in poverty |
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Steve
Baric - Oral Re: Supports ACI Jet,
letter from general aviation pilots commending Board for competitive
bidding process in Orange County, Signature Flight Support sued for
anti-competitive bidding process |
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Kirk Vinings - Oral Re: Fixed Base Operations and unfair fuel
pricing at John Wayne Airport |
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Wayne
Gross, Kenneth Quinn, Nathan Ross, Dave Jensen, Ally Monje, Garrett Smith,
Anna Valsing, Andrew Robillard, Kellee Valentine, Ryan Andrews, David
Brinson, James MacGleim, Michael Church, Gary Sequeira, Andrew Smith - Oral
Re: Supports ACI Jet for Fixed Base
Operation lease |
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William Borgsmiller - Oral Re: Supports ACI
Jet for Fixed Base Operation lease and history of fuel pricing |
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Joe Finnel - Oral Re: Hostile environment at John Wayne Airport
for light aircraft owners regarding fuel prices and service |
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Michael Klubnikin - Oral Re: Rescind November 8, 2016 Board approval of
moving the general public comments to the beginning of Board meetings |
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Diana
Corral, Raymond Hartwell, Janice Buchko, Rene Morfin, Lorena Rizzo, Sandra
Leon, Manual Corral, Janessa Romero, Alex Rodriguez, David Eiler,
Patricia Cortez, Alice Goff - Oral Re:
AFSME contract negotiation, Eligibility Technician compensation in
comparison to other Counties, refusal to conduct classification and
compensation study for Eligibility Technicians, need increase in wages, number of case workloads per Eligibility
Technician |
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Michael Padilla - Oral Re: Impacts and noise of planes flying directly
over home have increased, change in flight paths at John Wayne Airport |
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Linda Lehnkering - Oral Re: Anaheim Poverty Task Force, supports
Eligibility Workers in its contract
negotiations and requests the County pay all of its employees a living
wage, encourages the County to fund its own approved 10 Year Plan to end
homelessness |
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Kimberly O'Neill - Oral Re: Homeless in Santa Ana Riverbed and Orange
County, poverty and foster care system in Orange County |
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Tim Houchen - Oral Re: Agenda Item #11 from 2/9/17 Special Board
Meeting and explanation of emergency item, delaying OC Public Works project
until after Kraemer Shelter is opened |
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Michele
Monda - Oral Re: Representing
organization 'Citizens for No Plane Noise', concerns with FAA redirecting
planes and change in flight paths, organization is conducting informational
meetings to affected individuals |
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Mohammed Aly - Oral Re: Homeless advocate, legal developments
regarding homeless |
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Jamie Ludovise - Oral Re: Homeless and moving them from the riverbeds |
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Linda
Fiorelli - Oral Re: Impacts of planes
flying directly over her home, Environmental Impact Report by the FAA is
misleading |
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Ilya Tseglin - Oral Re: Nate Tseglin, corruption of public
employees, Judges, OC Regional Center |
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Robert Tseglin - Oral Re: Nate Tseglin, kidnapped from home, group
home placement by OC Regional Center, cover-up and abuse by Adult Protective
Services and Social Services Agency |
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Marlene Hellerman - Oral Re: Representing organization 'Citizens for No
Plane Noise', thanked the Board for their support to adjust flights back over
the ocean and coming back into Orange County at higher elevations |
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Lou Noble - Oral Re: Homeless advocate, disenfranchised segments
of society, help for the homeless,
social workers are underpaid |
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John Christiana - Oral Re: Abuse in Orange County, filed lawsuit
against the Federal Government and County of Orange |
III.
CONSENT CALENDAR (Items 1-9)
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41352 |
APPROVED AS RECOMMENDED |
ELECTED DEPARTMENT HEADS
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1. |
Clerk-Recorder - Approve
agreement CT-059-17010707 with DocuLynx for scanning, indexing and
imaging services, 3/1/17 - 8/31/17 ($180,080.68); and authorize Purchasing
Agent or authorized Deputy to execute agreement - All Districts |
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Sheriff-Coroner: |
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2. |
Approve
amendment 1 to agreement MA-060-16012109 with InSite Telecom, Inc. for one
time removal and installation of coax cables, antennas and
weatherproofing on radio towers, term ending 6/30/17 ($145,928; new total
$240,928); authorize Purchasing Agent or authorized Deputy to execute
amendment; and make California Environmental Quality Act and other findings -
All Districts |
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3. |
Approve
agreement with City of Orange for enhanced fingerprint examiner and related
services, 2/28/17 - 6/30/19; approve FY 2016-17 charges to City of Orange for
services ($42,179); and authorize Sheriff-Coroner or designee to execute
future amendments under certain conditions - District 3 |
HEALTH CARE AGENCY
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4. |
Approve
agreement with Orange County Association for Mental Health dba Mental Health
Association of Orange County for children and transitional age youth
mentoring services, 7/1/17 - 6/30/18 ($500,000); and authorize Director or
designee to execute agreement and exercise contingency cost increase not to
exceed 10% under certain conditions - All Districts |
OC COMMUNITY RESOURCES
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5. |
Approve
concession lease assignment, assumption and consent agreement PR09B-16 from
Canyon Recreational Vehicle Park to Canyon RV Park, Inc.; and make
California Environmental Quality Act and other findings - District 3 |
OC PUBLIC WORKS
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6. |
Approve
plans and specifications and set bid opening for 3/29/17, 2:00 p.m., for
Asphalt Overlay Resurfacing of Foothill Boulevard and Hewes Street
Arterial Pavement Management Grant Project; and make California Environmental
Quality Act and other findings - District 3 |
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7. |
Approve
plans and specifications and set bid opening for 3/29/17, 2:00 p.m., for
Slurry Seal of Crown Valley Parkway and Oso Parkway Arterial Pavement
Management Grant Project - District 5 |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
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8. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Board of Supervisors, 2nd District - All Districts |
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9. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Registrar of Voters - All Districts |
END OF
CONSENT CALENDAR
IV.
DISCUSSION ITEMS (Items 10-S25B)
ELECTED DEPARTMENT HEADS
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10. |
District Attorney - Approve
issuance and ratification of amendment 2 to agreement MA-026-16011777
with Community Service Programs, Inc. to add County Victim Services Program,
two year term ($507,700), Sexual Assault Kits Initiative Program, three year
term ($203,693) and increase Victim Compensation Program budget, two year
term ($21,000; cumulative total $27,702,263); authorize Purchasing Agent or
authorized Deputy to execute amendment; adopt resolution approving amended
grant agreement with State Victim Compensation Board for Victim Compensation
Program, 7/1/15 - 6/30/18 ($21,000; cumulative total $1,595,049) and adopt
resolution approving agreement with Bureau of Justice Assistance for Sexual
Assault Kit Initiative Program, 10/1/16 - 9/30/19 ($1,864,651); authorize
District Attorney or designee to execute agreement, amended agreement and
future amendments under certain conditions; and make California Environmental
Quality Act and other findings - All Districts |
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31452 |
THE BOARD APPROVED THE ITEM AS RECOMMENDED
WITH THE DIRECTION THAT THE AGREEMENT REFLECT THE CORRECT NAME AND TITLE OF
THE DISTRICT ATTORNEY'S PROJECT MANGER.
ONCE THIS DIRECTION HAS BEEN IMPLEMENTED, THE DISTRICT ATTORNEY IS TO
PROVIDE A MEMORANDUM TO THE BOARD IDENTIFYING THE NAME AND TITLE OF THE
CURRENT PROJECT MANAGER |
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RESO: 17-026 -
17-027 |
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11. |
Sheriff-Coroner - Receive
and file status report and approve continuance of local emergency related to
2017 winter storm events; and set review to determine need for continuing local
emergency for 3/28/17, 9:30 a.m. and every 30 days thereafter - All Districts
(Continued from Special Meeting 2/9/17, Item 1) |
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15342 |
APPROVED AS RECOMMENDED |
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12. |
Treasurer-Tax Collector - Receive
and file oral and written Treasury Oversight Committee 2016 Annual Report
- All Districts |
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31452 |
APPROVED AS RECOMMENDED |
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13. |
John Wayne Airport - Adopt
resolutions approving Interim Fixed Base Operation Leases with Newport
FBO Two, dba Atlantic Aviation for Southeast Fixed Base Operation; and with
ACI Jet, Inc. for Eastside Fixed Base Operation and Westside Hangars; and
authorize Director to execute leases; and make California Environmental
Quality Act and other findings - District 2 (4/5 vote of the Board)
(Continued from 2/14/17, Item S44A) |
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21345 |
APPROVED RECOMMENDED ACTION #2 |
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RESO: 17-028 |
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41352 |
APPROVED RECOMMENDED ACTION #3 |
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RESO: 17-029 |
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2134 |
APPROVED RECOMMENDED ACTION #4A AWARDING
INTERIM LEASE FOR THE SOUTHEAST FIXED BASE OPERATIONS TO NEWPORT FBO, DBA
ATLANTIC AVIATION |
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21345 |
APPROVED RECOMMENDED ACTION #4b AWARDING
INTERIM LEASE FOR THE EASTSIDE FIXED BASE OPERATIONS AND THE WESTSIDE HANGARS
TO ACI JET |
HEALTH CARE AGENCY
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14. |
Approve
amendment 1 to agreements with Orange County Association for Mental Health dba
Mental Health Association of Orange County for mental health peer support
and wellness center services, South Region ($50,128; new total $1,588,316)
and West Region ($120,778; new total $1,483,916), 3/1/17 - 6/30/17; approve
agreements with College Community Services for mental health peer support and
wellness center services, Central Region ($4,198,713) and with Orange County
Association for Mental Health dba Mental Health Association of Orange County
for mental health peer support and wellness center services, South Region
($2,457,666) and West Region ($3,063,639), 7/1/17 - 6/30/20; and authorize
Director or designee to exercise cost contingency increase not to exceed 10%
under certain conditions and to execute amendments and agreements - Districts
1, 3 and 5 |
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15342 |
APPROVED AS RECOMMENDED |
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15. |
Approve
agreement with Behavioral Health Services, Inc. for inpatient substance use
detoxification services, 7/1/17 - 6/30/19 ($732,000); and authorize
Director or designee to exercise cost contingency increase not to exceed 10%
under certain conditions and execute agreement - All Districts |
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51342 |
APPROVED AS RECOMMENDED |
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16. |
Approve
master agreement MA-042-17011154 with Westbound Communications Inc. for
multilingual drowning prevention campaign services, 4/1/17 - 3/31/18
($275,000); renewable for four additional one-year terms; and authorize
Purchasing Agent or authorized Deputy to execute agreement - All Districts |
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53142 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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17. |
Approve
agreement with LAZ Parking California, LLC for parking facilities and valet
parking operation and management, 5/1/17 - 4/30/20 ($16,493,028); with
option to extend for two additional one-year periods - District 2 (Continued
from 1/24/17, Item 31; 2/14/17, Item 24) |
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21345 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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18. |
Approve
agreement MA-080-17010535 with California Department of Transportation for
Laguna Canyon Road Segment 4, Phases 2 to 4 Project ($7,322,500); and
authorize Director or designee to execute agreement and future amendments
under certain conditions - District 5 |
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51342 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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Probation: |
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19. |
Ratify
amendment 2 to agreement MA-057-14011897 with Orange County Department of
Education for drug, alcohol and mental health services, effective 7/1/16;
authorize payment of invoices retroactive to 4/1/16 - 6/30/16 ($126,151.82);
and authorize Chief Probation Officer or designee to execute amendment -
Districts 3 and 5 |
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53142 |
APPROVED
AS RECOMMENDED |
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20. |
Approve
addendum 1 to agreement with Orange County Fire Authority for participation
in juvenile firesetting intervention program and new data collection
system tool; and authorize Probation Officer or designee to execute addendum
- All Districts |
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15342 |
APPROVED
AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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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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15342 |
APPROVED
AS RECOMMENDED |
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22. |
Approve
grant applications/awards submitted by Sheriff-Coroner and ratify retroactive
grant applications/awards submitted by Health Care Agency in 2/28/17
grant report and other actions as recommended - All Districts |
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51342 |
APPROVED
AS RECOMMENDED |
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23. |
Approve
Fourth Amended and Restated County of Orange Board of Supervisors Policies
and Procedures for Consideration and Approval of Proposed Public
Financings and amended Debt Management Policy - All Districts |
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B.O. |
DELETED |
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24. |
Approve
Order Form to renew agreement with CA, Inc. for software maintenance and
support services, 3/24/17 - 3/23/19 ($202,452; cumulative total
$1,201,379.54); and authorize Purchasing Agent or authorized Deputy to
execute Order Form - All Districts |
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54132 |
APPROVED
AS RECOMMENDED |
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25. |
Human Resource Services - Approve
revisions to classification specification and set pay grades for Deputy
Juvenile Correctional Officer series, effective 3/3/17 - All Districts |
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15342 |
APPROVED AS RECOMMENDED |
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S25A. |
County Counsel - Consider
second reading and adoption of "An Ordinance of the County of Orange,
California Amending Section 1-6-5 of the Codified Ordinances of the County of
Orange Adjusting the Limitations on Campaign Contributions" - All
Districts (Continued from 2/14/17, Item 36) |
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13452 |
APPROVED AS RECOMMENDED |
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ORD: 17-002 |
OC PUBLIC WORKS
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S25B. |
Approve
agreement and accept easement deed and slope easement deed with Aera Energy,
LLC for Lambert Road Bikeway Improvement Project - District 4 |
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41352 |
APPROVED AS RECOMMENDED |
V.
PUBLIC HEARINGS (Items 26-27)
OC PUBLIC WORKS
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26. |
Public
Hearing to consider adopting Americans with Disabilities Act Complementary
Paratransit Plan for options to individuals with disabilities to use
fixed-route transportation services in southeast area of the County -
District 5 |
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B.O. |
CLOSED PUBLIC HEARING |
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51342 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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27. |
Supervisor Bartlett - Public
Hearing to consider adopting resolution establishing an Urban
Agricultural Incentive Zone within city limits, San Juan Capistrano; and make
California Environmental Quality Act and other findings |
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B.O. |
CONTINUED TO 3/14/17, 9:30 A.M. |
VI.
CLOSED SESSION (Items CS-1-SCS9)
GENERAL ADMINISTRATION
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CS-1. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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Human Resource
Services: |
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CS-2. |
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957(b)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-3. |
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957(b)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-4. |
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS5. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government
Code Section 54956.9(d)(4): |
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B.O. |
HELD, COUNTY COUNSEL READ: THE BOARD ON A UNANIMOUS VOTE, AUTHORIZED
COUNTY COUNSEL IN COORDINATION WITH COUNSEL OF OTHER CALIFORNIA COUNTIES TO
INITIATE LITIGATION AGAINST THE DIRECTOR OF THE CALIFORNIA DEPARTMENT OF
FINANCE AND THE STATE OF CALIFORNIA TO CHALLENGE THE TERMINATION OF THE
COORDINATED CARE INITIATIVE, THE RECISSION OF THE MAINTENANCE OF EFFORT
AGREEMENT AND THE UNLAWFUL SHIFTING OF IN-HOME SUPPORTIVE SERVICES PROGRAM
COSTS TO CALIFORNIA COUNTIES. |
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SCS6. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
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B.O. |
DELETED |
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SCS7. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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Human Resource
Services: |
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SCS8. |
PUBLIC
EMPLOYEE APPOINTMENT -Pursuant to Government Code Section 54957(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS9. |
PUBLIC
EMPLOYEE APPOINTMENT -Pursuant to Government Code Section 54957(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
VII.
CEO, BOARD COMMENTS & ADJOURNMENT
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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Supervisor Spitzer - Oral Re: Requested County Executive Office research
and return to the Board with review of prior provision within the Contract
Policy Manual where an explanation was required when a Board Member is not in
agreement with staff recommendation; documents from prior FAA Metroplex Plan
forums are posted on his website; memorial for Whittier Police Officer Keith
Boyer to be held on Friday, March 3 |
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Supervisor Bartlett - Oral Re: Will be scheduling a forum in South Orange
County regarding the FAA Metroplex Plan and flights out of John Wayne Airport |
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Supervisor Do - Oral Re: Requested legal opinion from County Counsel
as to whether or not a Board Member is required to articulate the reason for
not following staff recommendations |
ADJOURNED:
3:32 P.M.
***
KEY ***
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Left Margin
Notes |
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1. = Supervisor Do |
A. = Abstained |
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2. = Supervisor Steel |
X. = Excused |
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3. = Supervisor Spitzer |
N. = No |
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4. = Supervisor Nelson |
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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Chair, Orange County Board of Supervisors |
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Orange County Clerk of the Board |