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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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SHAWN NELSON CHAIRMAN Fourth District |
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PATRICIA BATES VICE CHAIRMAN Fifth District |
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JANET NGUYEN SUPERVISOR First District |
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JOHN M.W. MOORLACH SUPERVISOR Second District |
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TODD SPITZER SUPERVISOR Third District |
ATTENDANCE: All
Present
EXCUSED: None
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PRESENT: |
INTERIM COUNTY
EXECUTIVE OFFICER |
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Robert J. Franz |
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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 |
INVOCATION:
Supervisor Moorlach, Second District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Nguyen, First District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-20)
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21354 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 4 WHICH WAS CONTINUED TO 5/14/13, 9:30 A.M.; ITEMS 11, 12, 13 AND 15
WHICH WERE CONTINUED TO 5/7/13, 9:30 A.M.; AND ITEMS 8, 16 & 20 WHICH
WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Bates: |
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1. |
Senior
Citizens Advisory Council - Reappoint Elizabeth Busick, Mission Viejo, to
complete term ending 12/31/14 |
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2. |
Oversight
Boards of the Successor Agencies to the City Redevelopment Agencies,
Mission Viejo - Appoint Sherri Butterfield |
ELECTED DEPARTMENT HEADS
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3. |
Treasurer-Tax Collector - Approve
agreement with City of Westminster for water billing and payment
processing services, 5/1/13 - 4/30/18; and authorize Treasurer-Tax Collector
to execute agreement - District 1 (Continued from 2/26/13, Item 13) |
OC COMMUNITY RESOURCES
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4. |
Approve
master agreement with various providers of veterinary services, 7/1/13 -
6/30/15 ($600,000); and authorize Director or designee to execute agreements
and exercise contingency contract increase not to exceed 10% - All Districts |
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21354 |
CONTINUED TO 5/14/13, 9:30 A.M. |
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5. |
Approve
agreement MA-012-13011419 with Rosario Tapia dba Tapia Landscaping for
landscape maintenance services, Santa Ana River Trail and Bikeway, 5/1/13 -
4/30/14 ($253,502.20); renewable for four one-year periods; authorize
Purchasing Agent or authorized Deputy to execute agreement; and make
California Environmental Quality Act findings - Districts 1, 2, & 3 |
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6. |
Approve
agreement with Moffat & Nichol for design and consulting services for
Sunset Harbour Maintenance Dredging Project ($720,301); and make
California Environmental Quality Act findings - District 2 |
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7. |
Approve
Commercial Day Camp Licenses with U.S. Ocean Safety, Inc. and California
Junior Lifeguard Programs, Inc. for Junior Lifeguard programs, Salt Creek
Beach; and make California Environmental Quality Act findings - District 5 |
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8. |
Approve
final draft general development plan for Orange County Zoo for future zoo
operations and improvements; and make California Environmental Quality Act
and other findings - District 3 |
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21354 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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9. |
Approve
agreement MA-080-11011371 with RBF Consulting for stormwater permit
implementation assistance services, 5/17/13 - 5/16/14 ($250,000); authorize
Purchasing Agent or authorized Deputy to execute agreement; authorize
Director or designee to make adjustments under certain conditions; and make
California Environmental Quality Act findings - All Districts |
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10. |
Select
AECOM as primary and Faith + Gould, Inc. as alternate firms for comprehensive
building assessment; authorize negotiation of agreement for Board approval;
and make California Environmental Quality Act findings - Districts 1 and 3 |
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11. |
Approve
plans and specifications and set bid opening for 5/8/13, 2:00 p.m., for
asbestos removal and decontamination services Job Order Contract; and
make California Environmental Quality
Act findings - All Districts |
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21354 |
CONTINUED TO 5/7/13, 9:30 A.M. |
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12. |
Approve
plans and specifications and set bid opening for 5/29/13, 2:00 p.m., for Job
Order Contract O&M 007, FY 2013-14, General Engineering-Road Projects;
and make California Environmental Quality Act findings - All Districts |
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21354 |
CONTINUED TO 5/7/13, 9:30 A.M. |
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13. |
Approve
plans and specifications and set bid opening for 5/29/13, 2:00 p.m., for Job
Order Contract O&M 008, FY 2013-14, Earthwork & Paving-Road Projects;
and make California Environmental Quality Act findings - All Districts |
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21354 |
CONTINUED TO 5/7/13, 9:30 A.M. |
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14. |
Receive
and file Traffic Committee Report dated 2/21/13; approve recommendations
and adopt necessary resolution; rescind a portion of Resolution 83-0447 and
96-0270; and make California Environmental Quality Act findings - Districts 1
and 3 |
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RESO: 13-022 |
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15. |
Acting as the Orange County Flood Control
District - Approve
plans and specifications and set bid opening for 5/29/13, 2:00 p.m., for
Job Order Contract O&M 009, FY 2013-14, General Engineering-Flood
Projects; and make California Environmental Quality Act findings - All
Districts |
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21354 |
CONTINUED TO 5/7/13, 9:30 A.M. |
SOCIAL SERVICES AGENCY
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16. |
Approve
amendment 3 to MA-063-12011704 to renew as MA-063-13011175 with Quakleen
Co. Inc. for janitorial and day porter services , Orangewood Children and
Family Center, 6/1/13 - 5/31/14 ($207,540); and authorize Purchasing Agent or
authorized Deputy to execute amendment - District 3 |
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31254 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
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17. |
Approve
the proposed amendments to the Conflict of Interest Code Designated
Filers Exhibits for the Auditor-Controller - All Districts |
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18. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for the Orange County Fire Authority - All Districts |
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19. |
Approve
re-adoption of the State’s Model Code by reference and modifications to
Designated Filer Positions and Disclosure Categories Exhibits A & B for
East Orange County Water District - All Districts |
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20. |
Human Resource Services - Approve
amendment 1 to agreement with Great-West Retirement Services for County's
Internal Revenue Code Section 457 defined contribution plan, Section 401 (a)
Retirement Plan and Section 3121 plan for extra-help employees; approve
adoption of agreements amending 457 defined contribution plan and 401 (a)
retirement plan; and authorize Director or designee, as Plan Administrator to
administer plans, negotiate and execute underlying agreements necessary for
proper function and to make changes under certain conditions - All Districts |
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32154 |
CONTINUED TO 4/23/13, 9:30 A.M. |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 21-33)
ELECTED DEPARTMENT HEADS
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21. |
Auditor-Controller - Approve
agreement MA-003-13011289 with Intellitime Systems Corporation for
enterprise license, annual maintenance and support fees, 4/16/13 - 4/15/18
($812,000); and authorize Purchasing Agent or authorized Deputy to execute
agreement - All Districts |
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23154 |
APPROVED AS RECOMMENDED |
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22. |
Sheriff-Coroner - Accept
State Public Work Board's decision for establishment for expansion of
James A. Musick Facility project (JAMF); approve amendment 2 to agreement
with AECOM Technical Services, Inc. for architectural design services for
Phase I Expansion of JAMF ($6,863,160); and make California Environmental
Quality Act findings - All Districts |
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35124 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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23. |
Approve
Memorandum of Understanding with City of Newport Beach, Airport Working Group
and Stop Polluting Our Newport for funding and preparation of
Environmental Impact Report; and make California Environmental Quality Act
findings - District 2 |
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23154 |
APPROVED AS RECOMMENDED |
OC DANA POINT HARBOR
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24. |
Approve
amendment 5 to agreement MA-108-10012441 with Project Dimensions, Inc. for
project management services associated with Dana Point Harbor
Revitalization Plan, extending term five years ($4.4 million); and authorize
Director or designee to execute amendment - District 5 (Continued from
2/5/13, Item 18; 2/26/13, Item 41; 3/5/13, Item 14; 3/19/13, Item 23; 4/9/13,
Item 38) |
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53124 |
APPROVED AS MODIFIED TO CHANGE FROM FIXED
PRICE TO A TIME AND MATERIALS BASIS UP TO THE AMOUNT OF $4,411,310 |
OC PUBLIC WORKS
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25. |
Approve
agreement with Santa Margarita Water District and Rancho Mission Viejo for
financing of specific on and offsite transportation infrastructure in
South Orange County for Community Facility District 2013-1; and make
California Environmental Quality Act findings - District 5 |
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53124 |
APPROVED AS RECOMMENDED |
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26. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
agreements D13-001 with Harris & Associates and D13-002 with CALTROP
Corporation for on-call construction support services, three-year terms
($400,000 each); and make California Environmental Quality Act findings - All
Districts |
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43125 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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Probation: |
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27. |
Approve
submission of Orange County Comprehensive Multi-Agency Juvenile Justice
Plan and application for continued funding for FY 13-14 to Board of State and
Community Corrections; and authorize Chief Probation Officer to execute
application - All Districts |
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23154 |
APPROVED
AS RECOMMENDED |
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28. |
Approve
renewal of agreement with C.M. Tipton Polygraph and Associates for adult
sex offender post conviction polygraph examination services, 6/1/13 - 5/31/14
($170,000); renewable for one additional year; and authorize Purchasing Agent
or authorized Deputy to execute agreement - All Districts |
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B.O. |
CONTINUED
TO 5/7/13, 9:30 A.M. |
SOCIAL SERVICES AGENCY
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29. |
Approve
amendment 1 to master agreement MA-063-12011826 with Orange County
Transportation Authority for purchase of bus passes for mandated programs
($3,380,000; new total $5,980,000); and authorize Purchasing Agent or
authorized Deputy to execute amendment - All Districts |
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51234 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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30. |
Approve
recommended positions on introduced or amended legislation and consider
other legislative subject matters - All Districts |
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23154 |
APPROVED
AS RECOMMENDED |
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31. |
Approve
pre-annexation agreement with City of Mission Viejo for Northeast
Annexation and adopt resolution approving property tax exchange; authorize
OCPW Director or designee to execute Local Agency Formation Commission
Property Owner Consent form for annexation of parcels 856-061-30 and
856-061-40; and make California Environmental Quality Act and other findings
- Districts 3 & 5 |
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35124 |
APPROVED
AS RECOMMENDED |
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RESO: 13-023 |
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32. |
Approve
grant application/awards submitted by District Attorney in 4/16/13, grant
report and other actions recommended; adopt resolution authorizing District
Attorney or designee to execute agreement and amendments with State Victim
Compensation and Government Claims Board for State Criminal Restitution
Compact Program ($263,337); and make California Environmental Quality Act
findings - Al Districts |
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31254 |
APPROVED
AS RECOMMENDED |
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RESO: 13-024 |
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33. |
Conduct
interviews of candidates for the position of Auditor-Controller; appoint
Auditor-Controller; and provide additional direction to County Executive
Office and Human Resource Services staff - All Districts |
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23154 |
APPROVED
APPOINTMENT OF JAN GRIMES AS AUDITOR-CONTROLLER OF ORANGE COUNTY, CONDITIONED
ON HER AGREEMENT TO PAY THE EMPLOYEE PORTION AND REVERSE PICK-UP OF HER
RETIREMENT CONTRIBUTION AND AUTHORIZED CHAIRMAN TO SIGN AN AGREEMENT WITH JAN
GRIMES ACKNOWLEDGING THIS CONDITION. |
IV. PUBLIC HEARINGS (Items 34-35)
OC PUBLIC WORKS
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34. |
Public
Hearing to consider adopting resolution approving 2013 Weed Abatement Program
and direct OC Public Works to report back to the Board on 7/30/13 and
7/29/14 with itemized cost reports; and make California Environmental Quality
Act findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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31254 |
APPROVED AS RECOMMENDED |
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RESO: 13-025 |
GENERAL ADMINISTRATION
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35. |
County Executive Office - Public
Hearing to consider first reading and adoption of "An Ordinance of
the County of Orange, California Approving a Public/Private Partnership with
Related/Griffin for the Assessment and Construction of an Office Building for
Governmental and Commercial Uses in the Santa Ana Civic Center"; approve
agreement CT-080-13010515 with Griffin Structures, Inc. for Building 16/Civic
Center Master Plan Study, 4/16/2013 - 4/15/2014 ($459,450); authorize
Purchasing Agent or authorized Deputy to execute agreement; and make
California Environmental Quality Act findings - District 1 (4/5 vote of
membership) (Continued from 2/26/13, Item 52; 3/12/13, Item 19; 3/19/13, Item
34) |
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B.O. |
CLOSED PUBLIC HEARING |
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24135 |
CONTINUED TO 4/23/13, 9:30 A.M. |
V. CLOSED SESSION (Items CS-1-SCS8)
GENERAL ADMINISTRATION
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CS-1. |
Chairman Nelson - PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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County Counsel: |
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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,
NO REPORTABLE ACTION |
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CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government
Code Section 54956.9 (d)(4): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, AUTHORIZED COUNTY COUNSEL TO RETAIN JACOBS & DODDS, AND
AUTHORIZED COUNTY COUNSEL AND JACBOS & DODDS TO FILE LITIGATION. THE IDENTITY OF THE PARTIES AND OTHER
PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY ONCE THE ACTION IS
FILED. |
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CS-4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
CONTINUED
TO 4/23/13, 9:30 A.M. |
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CS-5. |
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, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ALISO BEACH
CAFE 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-6. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8:
Property Location: County
Owned and Leased Buildings, Civic Center, Santa Ana, CA
County Negotiator: Robert J.
Franz Negotiating
Party: Related/Griffin, and future
sellers or lessors in the Civic Center area, Santa Ana, CA |
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B.O. |
HELD, NO REPORTABLE ACTION |
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CS-7. |
Human Resource Services - 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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SCS8. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1):
Name
of Case: Lyle Wilson v. County of
Orange, Orange County Superior Court Case No. 30-2011-00477697-CU-PT-CJC |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD COMMENTS &
ADJOURNMENT
PUBLIC COMMENTS:
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Judah, Ilya Tseglin and Robert Tseglin -
Oral Re: Nate Tseglin |
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Michael Klubnikin - Oral Re: Nate Tseglin,
Internal Auditor and Clerk Recorder |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Nelson - Oral Re: AB 1234 Report on trip to Washington D.C.
on flood control issues and funding |
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Supervisor Bates - Oral Re: Served as judge for a 7th grade debate at
St. Margaret's School in San Juan Capistrano |
ADJOURNED:
5: 23 P.M.
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24135 |
Adjourned in memory of George Jeffries |
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54123 |
Adjourned in memory of Ernie Schneider |
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34125 |
Adjourned in memory of Yvonne Junor |
***
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 Spitzer |
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 |