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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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TODD SPITZER CHAIRMAN Third District |
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LISA A. BARTLETT VICE CHAIRMAN Fifth District |
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ANDREW DO SUPERVISOR First District |
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MICHELLE STEEL SUPERVISOR Second District |
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SHAWN NELSON SUPERVISOR Fourth District |
ATTENDANCE: All
Present
EXCUSED: None
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PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Michael B.
Giancola |
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COUNTY COUNSEL |
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Nicholas S.
Chrisos |
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INTERIM CLERK OF
THE BOARD |
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Robin Stieler |
INVOCATION:
Supervisor Do, First District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Steel, Second District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Chairman Spitzer presented a resolution
proclaiming April 2015 as "Month of the Military Child" |
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Supervisor Steel presented a resolution
recognizing the Vest-A-Dog program that supports the Newport Beach Police
Department |
II. CONSENT CALENDAR (Items 1-14)
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54123 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 3 AND 14 WHICH WERE DELETED; ITEM 7 WHICH WAS PULLED FOR DISCUSSION
AND SEPARATE VOTE; AND ITEM 8 WHICH WAS CONTINUED TO 4/21/15, 9:30 A.M. |
BOARD APPOINTMENTS
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1. |
Chairman Spitzer - Orange
County Veterans Advisory Council - Reappoint Robert McDonald, Anaheim
Hills, for term ending 4/14/17 |
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2. |
Supervisor Bartlett - Acting
as the Orange County Housing Authority - Housing and Community
Development Commission - Appoint Kathryn McCullough, Lake Forest, to complete
term ending 6/30/15 |
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3. |
Supervisor Steel - Oversight
Board of the Successor Agency to the City Redevelopment Agency, Stanton -
Appoint Nancy Heitman (Continued from 3/24/15, Item S58A) |
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54123 |
DELETED |
COMMENDATIONS/PROCLAMATIONS/REPORTS
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4. |
Chairman Spitzer - Adopt
resolution declaring April 20-26, 2015 as "Orange County Science and
Engineering Week" |
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RESO: 15-025 |
ELECTED DEPARTMENT HEADS
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5. |
Auditor-Controller - Receive
and file Comprehensive Annual Financial Report for year ended June 2014 -
All Districts |
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Sheriff-Coroner: |
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6. |
Receive
bids and award contract to Los Angeles Air Conditioning, Inc. for replacement
of five steam boilers at Theo Lacy Facility ($339,000) - District 3 |
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7. |
Authorize
use of County bus to be driven by Sheriff-Coroner employee to transport 22
Foothill High School students and five or six chaperones participating in
the "Every 15 Minutes" program on April 29 and 30, 2015; and make
other findings - District 3 |
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32145 |
APPROVED
AS RECOMMENDED |
OC COMMUNITY RESOURCES
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8. |
Adopt
resolution approving OC Animal Care, OC Community Services and OC Public
Libraries Marketing Plans to pursue sponsorships with non-profit
organizations, private sector organizations and businesses in support of
programs and events, one-year term effective date of execution; authorize
Director or designee to return to the Board with proposed agreements; and
make related findings - All Districts (Continued from 3/24/15, Item 21) |
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54123 |
CONTINUED TO 4/21/15, 9:30 A.M. |
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9. |
Adopt
resolution approving State Standard Agreement MI-1415-22 and
Contractor/Vendor Confidentiality Statement with California Department of
Aging for Medicare Improvements for Patients and Providers ACT (MIPPA)
services 2/1/15 - 9/29/15 ($109,474); authorizing Director or designee to
execute agreement and exercise contingency cost increase or decrease not to
exceed 10% under certain conditions; approve agreement with Council on Aging
- Orange County for MIPPA services through 6/30/15 ($68,969); and authorize
Director or designee to exercise contingency cost increase or decrease not to
exceed 10% and make line item budget transfers under certain conditions - All
Districts |
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RESO: 15-026 |
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10. |
Approve
amendment 2 with Pacific Gateway Workforce Investment Network to increase
Workforce Investment Act Cost Reimbursement agreement 14-28-0010-OS
($198,726; new total $698,726) term ending 6/30/15; authorize Director or
designee to execute amendment and exercise cost contingency increase not to
exceed 10%, and make line item budget transfers under certain conditions -
All Districts |
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11. |
Approve
selection of Abrazar, Inc. for senior non-emergency medical transportation
services, Service Area 1, North County (Anaheim, Anaheim Hills, Brea,
Buena Park, El Modena, Fullerton, La Habra, La Palma, Olinda, Olive, Orange,
Orange Hills, Orange Park Acres, Placentia, Villa Park, Yorba Linda), 7/1/15
- 6/30/16, renewable for one additional one-year term; authorize negotiation
of agreement for Board approval - Districts 2, 3 and 4 |
OC PUBLIC WORKS
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12. |
Receive
bids and award contract to Crosstown Electrical & Data, Inc. for
construction of Antonio Parkway Fiber Optics Communications project
($240,750) - District 5 |
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13. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
amendment 2 to Cooperative Agreement D02-119 with the City of Tustin to
incorporate necessary schedule modifications for Peters Canyon Channel
improvements; adopt feasible mitigation measures; authorize Director or
designee to execute future amendments under certain conditions; and consider
application of Final Environmental Impact Statement and Environmental Impact
Report SCH No. 1994071005 and other findings - District 3 |
GENERAL ADMINISTRATION
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14. |
County Executive Office - Receive
and file Quarterly Information Technology Project Status Detail,
Executive Summary and Risk Assessment Reports for October - December 2014 -
All Districts (Continued from 2/10/15, Item 17; 3/10/15, Item 16) |
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54123 |
DELETED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 15-S37A)
ELECTED DEPARTMENT HEADS
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15. |
Assessor Department - Approve
increase of compensation for agreement MA-002-13010579 with Brainsharp
Inc., for current term ($277,000, new total $1,752,910); and approve one year
extension, 7/1/15 - 6/30/16 ($984,000) for ongoing maintenance and support
for Assessment Tax System (ATS II); and authorize Purchasing Agent or
authorized Deputy to execute agreement - All Districts |
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52143 |
APPROVED AS RECOMMENDED |
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16. |
District Attorney - Receive
and file oral report on status of gang injunctions in Orange County - All
Districts |
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RECEIVED AND FILED |
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Sheriff-Coroner: |
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17. |
Approve
amendment 2 to agreement MA-060-12011305 with MorphoTrust USA, Inc. dba
MorphoTrust USA LLC for live scan equipment, accessories, supplies, software
and maintenance, 5/1/15 - 4/30/16 ($450,000; cumulative total $1,250,000);
and authorize Purchasing Agent or authorized Deputy to execute amendment -
All Districts |
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45123 |
APPROVED
AS RECOMMENDED |
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18. |
Approve
amendment 4 to five-year agreement with City of Garden Grove for enhanced
forensic services, 7/1/14 - 6/30/15 ($67,232 decrease; new total
$368,085; cumulative total $1,176,681); and authorize Sheriff-Coroner or
designee to execute amendments under certain conditions - District 1 |
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12453 |
APPROVED
AS RECOMMENDED |
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19. |
Approve
amendment 3 to agreement MA-060-12011980 with Charles R. Eastman dba Newport
Helicopter Service for helicopter mechanic services, 7/1/15 - 6/30/16
($7,560; new total $259,560; cumulative total $1,008,360); and authorize
Purchasing Agent or authorized Deputy to execute amendment - All Districts |
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45123 |
APPROVED
AS RECOMMENDED |
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20. |
Approve
retroactive Memorandum of Agreement and related documents with County of San
Diego and participating public entities for 2014 Operation Stonegarden Grant;
retroactively accept 2014 grant award funds from California Office of
Emergency Services ($200,000); and authorize Sheriff-Coroner to execute
agreement and related documents - All Districts |
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45123 |
APPROVED
AS RECOMMENDED |
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21. |
Approve
retroactive payment to General Dynamics for Ordinance and Tactical Systems
(OTS) Simunitions Training, 12/18/14 - 12/20/14 ($5,355) - All Districts |
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41253 |
APPROVED
AS RECOMMENDED |
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22. |
Ratify
and approve retroactive amendment 4 to agreement MA-060-14010323 with All
City Management Services, Inc. for provision of crossing guard services,
11/1/13 - 10/31/14 ($25,000; new total $555,000) and MA-060-15010322, 11/1/14
- 10/31/15 ($25,000; new total $582,340.80); authorize retroactive payments;
and authorize Purchasing Agent or authorized Deputy to execute amendment -
All Districts |
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15243 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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23. |
Approve
selection of and agreements with Emergency Ambulance Service, Inc. for
Exclusive Operating Area A and Care Ambulance Service, Inc. for Exclusive
Operating Area B, C, D and E for 9-1-1 Emergency Ambulance Transportation
Services, 6/1/15 - 5/31/20; authorize Director or designee to execute
agreements; approve selection of and agreements for alternate service
providers with Care Ambulance Service, Inc. for Exclusive Operating Area A,
AmeriCare MedServices, Inc. for Exclusive Operating Area B, and Herren
Enterprises, Inc. dba Doctor's Ambulance Service for Exclusive Operating
Areas C, D and E; and authorize Director or designee to execute agreements
with alternate service providers under certain conditions - All Districts |
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53124 |
DIRECTED STAFF TO SCHEDULE A SPECIAL
MEETING ON 4/28/15, 9:30 A.M. AND CONTINUED ITEM 23 TO THE SPECIAL MEETING. |
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24. |
Ratify
retroactive standard agreement with California Department of Public Health
for HIV Expanded Testing Program, 1/1/15 - 12/31/17 ($240,000); and
authorize Director or designee to execute agreement, Certification Regarding
Lobbying, CCC-307 Certification Clauses and Contractor's Release Form - All
Districts |
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54123 |
APPROVED AS RECOMMENDED |
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25. |
Approve
amendment A to agreement with California Department of Health Care Services
for Medi-Cal Targeted Case Management Provider Participation, 7/1/15 -
6/30/18; and authorize Director or designee to execute agreement - All
Districts |
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54123 |
CONTINUED TO 5/5/15, 9:30 A.M. |
OC COMMUNITY RESOURCES
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26. |
Acting as the Board of Supervisors and
Orange County Housing Authority - Approve
amendment 6 to agreement MA-012-10012969 with People for Irvine Community
Health dba 2-1-1 Orange County for technical assistance for 2015 Homeless
Assistance Continuum of Care grant application process ($50,000; cumulative
total $1,167,772), effective upon Board approval; authorize Director or
designee to exercise a cost contingency increase not to exceed 10% under
certain conditions; and authorize Purchasing Agent or authorized Deputy to
execute amendment - All Districts |
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51243 |
APPROVED AS RECOMMENDED |
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27. |
Approve
amendment 4 to agreement MA-012-12012135 with Exclusive Network Enterprises
for Information Technology Temporary Help services, 6/1/15 - 5/31/16
($270,000; cumulative total $1,260,000); and authorize Purchasing Agent or
authorized Deputy to execute amendment - All Districts |
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24153 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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28. |
Approve
amendment 4 to agreement MA-080-11011725 with South Coast Water District for
Poche Clean Beach Project Long Term Operation Services, 7/1/15 - 6/30/16
($200,000; cumulative total $800,000); and authorize Purchasing Agent or
authorized Deputy to execute amendment - District 5 |
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54123 |
APPROVED AS RECOMMENDED |
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29. |
Approve
amendment 2 to agreement MA-080-13011730 with West Coast Arborist, Inc. for
tree trimming services, 6/18/15 - 6/17/18 ($2,265,000; cumulative total
$3,775,000); and authorize Purchasing Agent or authorized Deputy to execute
amendment; and make California Environmental Quality Act and other findings -
All Districts |
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41253 |
APPROVED AS RECOMMENDED |
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30. |
Approve
amendment 2 to agreement MA-080-13011980 with J. Orozco Enterprise Inc. dba
Orozco Landscape and Tree Company for channel cleaning services of
various flood control facilities, 7/1/15 - 6/30/16 ($500,000; cumulative
total $2,000,000); renewable for two additional years; authorize Purchasing
Agent or authorized Deputy to execute amendment; and make California Environmental
Quality Act and other findings - All Districts |
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12453 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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31. |
Probation - Approve
renewal of agreement with Redwood Toxicology Laboratory, Inc. for provision
of urinalysis, oral fluids and ethyl glucuronide laboratory testing
services and on-site testing services, 5/1/15 - 4/30/16 ($400,000; cumulative
total $1,200,000); renewable for two additional one-year periods; and
authorize Chief Probation Officer to execute agreement - All Districts |
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51243 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES AGENCY
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32. |
Select
Boys Town California, Inc. for Sibling Residential Homes services, Tustin
Family Campus, 7/1/15 - 6/30/18; and authorize negotiation of agreement
for Board approval - All Districts |
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54123 |
CONTINUED TO 5/5/15, 9:30 A.M. |
GENERAL ADMINISTRATION
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33. |
Clerk of the Board - Children
and Families Commission - Approve selection of one individual to the
Education Category (annual alternating category); one individual to the
Education Category; and one individual to the Health Category, for terms
ending 3/31/17 - All Districts |
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32145 |
SELECTED AND APPOINTED HUGH HEWITT TO
EDUCATION CATEGORY (ANNUAL ALTERNATING CATEGORY); SANDRA BARRY TO EDUCATION
CATEGORY; AND KIMBERLY CHAVALAS CRIPE TO HEALTH CATEGORY. |
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County
Executive Office: |
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34. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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51234 |
APPROVED
CHANGE TO WATCH POSITION FOR AB 361 |
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51243 |
APPROVED
TO SUPPORT POSITION FOR AB 24 |
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51243 |
APPROVED
TO SUPPORT POSITION FOR AB 838 |
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51243 |
APPROVED
TO SUPPORT POSITION FOR AB 1500 |
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51243 |
APPROVED
TO SUPPORT POSITION FOR SB 267 |
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51243 |
APPROVED
TO SUPPORT POSITION FOR SB 333 |
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51243 |
APPROVED
TO SUPPORT POSITION FOR SB 722 |
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51243 |
APPROVED
TO SUPPORT IF AMENDED POSITION FOR AB 851 |
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51243 |
DELETED
AB 896 |
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51243 |
APPROVED
TO OPPOSE UNLESS AMENDED POSITION FOR SB 355 |
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35. |
Approve
retroactive amendment 4 to cooperative agreement C-9-0258 with Orange County
Transportation Authority and City of Santa Ana for continued maintenance of
restrooms in the former Santa Ana Transit Terminal, renewal for 11/1/14 -
10/31/15 ($36,568) and 11/1/15 - 10/31/16 ($38,724); and authorize County
Executive Office to amend, renew and execute agreement - District 1 |
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13245 |
APPROVED
AS RECOMMENDED |
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36. |
Approve
and adopt Policy and Procedure for Board of Supervisors sponsorship of County
events - All Districts |
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52143 |
CONTINUED
TO 5/5/15, 9:30 A.M. AND DIRECTED CFO TO ALLOCATE AN ANNUAL BUDGET FOR EACH
BOARD OFFICE IN 3RD QUARTER BUDGET REPORT |
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37. |
Approve
grant applications/awards submitted by John Wayne Airport and Sheriff-Coroner
and ratify retroactive grant applications/awards submitted by Registrar
of Voters in 4/14/15 grant report and other actions as recommended - All
Districts |
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45123 |
APPROVED
AS RECOMMENDED |
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S37A. |
Vice Chair Bartlett and Supervisor Nelson -
Adopt
resolution to repudiate the sentence imposed by Superior Court Judge M.
Marc Kelly in People v. Kevin Nieto-Rojano, Orange County Superior Court case
No. 14CF1874, to formally rebuke, censure, and demand the resignation of
Judge Kelly from the Orange County Superior Court, and to make related
findings |
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51243 |
CONTINUED TO 4/21/15, 9:30 A.M. |
IV. PUBLIC HEARINGS (Items 38-40)
OC PUBLIC WORKS
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38. |
Public
Hearing to consider adopting resolution approving 2015 Weed Abatement Program
and direct OC Public Works to report back to the Board on 8/4/15 and 8/2/16 with itemized cost reports; and make
California Environmental Quality Act and other findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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53124 |
APPROVED AS RECOMMENDED |
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RESO: 15-027 |
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39. |
Public
Hearing to consider first reading of "An Ordinance of the County of
Orange California, Repealing the Sand, Gravel and Mineral Extraction
Code; and Adopting Revised Provisions of the Sand, Gravel and Mineral
Extraction Code"; set second reading and adoption for 4/21/15, 9:30
a.m.; and make California Environmental Quality Act and other findings - All
Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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25143 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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40. |
County Executive Office - Acting
as the Board of Supervisors - Public Hearing to consider establishment of
Community Facilities District No. 2015-1 (Village of Esencia), rate and
method of apportionment of special tax and proposed issuance of bonds; adopt
resolution establishing district, authorizing the levy of a special tax,
calling an election and approving related actions; approve Joint Community
Facilities agreement with Santa Margarita Water District and RMV PA 2
Development, LLC; and make California Environmental Quality Act and other
findings; Acting as the Legislative Body of Community Facilities District No.
2015-1 (Village of Esencia) - Adopt resolution determining necessity to incur
bonded indebtedness in an amount not to exceed $110,000,000 with Community
Facilities District No. 2015-1 and calling an election - District 5 |
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B.O. |
CLOSED PUBLIC HEARING |
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54123 |
APPROVED AS RECOMMENDED |
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RESO: 15-028 -
15-029 |
V. CLOSED SESSION (Items CS-1-SCS10)
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(d)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, SUPERVISOR SPITZER BEING ABSENT, APPROVED A PROPOSED
SETTLEMENT IN THE CASE OF NAOMI WALKER WERNER V. COUNTY OF ORANGE, DAVID
LEATHERS JR. 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 - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(d)(2): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-4. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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Human Resource
Services: |
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CS-5. |
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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CS-6. |
PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-7. |
PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS8. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A VOTE OF 4 TO 1, SUPERVISORS
BARTLETT, DO, STEEL AND NELSON VOTING IN FAVOR, SUPERVISOR SPITZER VOTING
AGAINST, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ASSOCIATION OF ORANGE
COUNTY DEPUTY SHERIFFS V. RACKAUCKAS, ET AL.
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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SCS9. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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SCS10. |
Human Resource Services - PUBLIC
EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957(b): |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Michael
Klubnikin - Oral Re: Complaint of illegal business; audit of Internal Audit |
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Rhen Kohen - Oral Re: Requested appeal to
reverse Supervisor Bartlett's 3/24/14 letter of support to the South Orange
County Reliability Enhancement Project for San Diego Gas and Electric
Capistrano substation. |
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Ilya Tseglin - Oral Re: Nate Tseglin; Regional
Center |
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Robert Tseglin - Oral Re: Nate Tseglin;
Regional Center, Social Services Agency, Public Defender |
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Cynthia Rosas - Oral Re: Selection of
property for homeless shelters |
COUNTY EXECUTIVE OFFICER COMMENTS:
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Mike Giancola - Oral Re: Congratulated the Probation Department for
receiving the State award of $17.5 million for new County Probation Center
grant |
BOARD COMMENTS:
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None |
ADJOURNED:
4:57 P.M.
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23145 |
Adjourned in memory of Charles H. Loos |
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53124 |
Adjourned in memory of Louise Buckley |
***
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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Interim Orange County Clerk of the Board |