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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 Steel, Second 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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Chairman Spitzer presented a resolution
commending Mary Fitzgerald on her retirement |
II. CONSENT CALENDAR (Items 1-19)
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24153 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 15 WHICH WAS CONTINUED TO 5/5/15, 9:30 A.M.; AND ITEMS 8, 12, 13, 16,
17, 18 AND 19 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Nelson: |
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1. |
Animal
Care Community Outreach Committee - Reappoint Charice King, Santa Ana, for
term ending 3/31/16 |
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2. |
Orange
County Waste Management Commission - Reappoint Chad P. Wanke, Placentia, for
term ending 11/14/16 |
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Supervisor
Steel: |
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3. |
Orange
County Waste Management Commission - Appoint Tina M. Nieto, Rossmoor, to
complete term ending 1/31/17 |
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4. |
Oversight
Board of the Successor Agency to the City Redevelopment Agency, Cypress -
Appoint George T. O'Hara |
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5. |
Orange
County Human Relations Commission - Reappoint Timothy Kowal, Huntington
Beach, for term ending 4/20/16 |
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6. |
Development
Processing Review Committee - Reappoint Jay Bullock, Seal Beach, for term
concurrent with Supervisors term of office |
DEPARTMENT APPOINTMENTS
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7. |
Probation - Orange
County Juvenile Justice Coordinating Council - Appoint Todd D. Elgin, Garden
Grove, for term concurrent with position - All Districts |
ELECTED DEPARTMENT HEADS
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8. |
District Attorney - Approve
amendment 3 to lease agreement DA-06-007 with Equitable Properties
Management Group, Inc. for rental space and rate reduction, extending term to
2/28/25; and make California Environmental Quality Act and other findings -
District 1 |
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35124 |
APPROVED AS RECOMMENDED |
HEALTH CARE AGENCY
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9. |
Approve
master agreement with various providers of Preparedness and Response Program
for 7/1/15 - 6/30/20; and authorize Director or designee to execute individual
agreements - All Districts |
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10. |
Approve
master agreement with various providers of Point of Dispensing Site Equipment
services, 7/1/15 - 6/30/20; and authorize Director or designee to execute
individual agreements - All Districts |
JOHN WAYNE AIRPORT
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11. |
Approve
plans and specifications and set bid opening for 5/27/15, 2:00 p.m., for
pavement maintenance and repairs project; authorize Director or designee
to extend bid opening date up to 60 days if necessary; and make California
Environmental Quality Act and other findings - District 2 |
OC DANA POINT HARBOR
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12. |
Receive
bids and award contract to Architectural Design & Signs, Inc. for Median
and Parkway Sign Project ($284,753) - District 5 |
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52143 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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13. |
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;
4/14/15, Item 8) |
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53124 |
APPROVED AS RECOMMENDED |
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RESO: 15-030 |
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14. |
Approve
cooperative agreement with City of Newport Beach, the Johns Living Trust, the
Manly Family Trust and Mesa Irrevocable Trust for Mesa Drive Drainage
Improvements Project, effective upon Board approval ($50,000); and make
California Environmental Quality Act and other findings - District 2 |
SOCIAL SERVICES AGENCY
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15. |
Approve
non-financial Memorandum of Understanding CDB0915 with Orangewood Children's
Foundation for Orangewood Children's Mentoring Program, effective 7/1/15; and
authorize Director or designee to execute non-financial MOU - All Districts |
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24153 |
CONTINUED TO 5/5/15, 9:30 A.M. |
GENERAL ADMINISTRATION
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County
Executive Office: |
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16. |
Approve
amendment 1 to option agreement with Ganahl Lumber Company, effective
4/30/15; and make California Environmental Quality Act findings - All
Districts |
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34125 |
APPROVED
AS AMENDED TO CHANGE PAGE 2, SECTION 2, CLAUSE 5 OF AGREEMENT TO READ
"ADDITIONAL EXTENDED OPTION TERMS MAY BE APPROVED BY THE BOARD OF
SUPERVISORS ("BOARD") UPON SUCH TERMS AND CONDITIONS APPROVED BY
THE BOARD." |
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17. |
Approve
amendments for three software maintenance/subscription service contracts that
support the County's mainframe system, 6/1/2015 - 5/31/16; MA-017-14011713 to
agreement 90-186 with Pitney Bowes Software, Inc., ($26,931), MA-017-14011979
to agreement USI001 with UNICOM Systems, Inc., ($36,171), and MA-017-14011981
to agreement Y1000000441 with UNICOM Systems, Inc., ($45,636); each renewable
for two additional one year terms (aggregate total $362,738) and authorize
Purchasing Agent or authorized Deputy to execute amendments - All Districts |
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54123 |
APPROVED
AS RECOMMENDED |
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18. |
Approve
amendment 5 to agreement MA-017-10013070 with Precision Discovery, LLC for
Information Technology Forensics and eDiscovery services, 6/1/15 - 11/30/15;
and authorize Purchasing Agent or authorized Deputy to execute amendment -
All Districts |
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43125 |
CONTINUED
TO 5/5/15, 9:30 A.M. |
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19. |
Internal Audit - Receive
and file Monthly Internal Audit Activity Status Report for March 2015 - All
Districts |
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41253 |
APPROVED AS RECOMMENDED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 20-42)
ELECTED DEPARTMENT HEADS
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20. |
District Attorney - Receive
and file oral report on utilization of science and technology to enhance
public safety in Orange County - All Districts |
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RECEIVED AND FILED |
HEALTH CARE AGENCY
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21. |
Approve
agreement with Pacific Clinics for Recovery Education Institute services,
7/1/15 - 6/30/16 ($776,711); and authorize Director or designee to
execute agreement - All Districts |
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42153 |
APPROVED AS RECOMMENDED |
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22. |
Approve
master agreement with various providers of Point of Dispensing Site services,
7/1/15 - 6/30/18 ($750,000); and authorize Director or designee to
execute individual agreements - All Districts |
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54123 |
APPROVED AS RECOMMENDED |
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23. |
Approve
agreement with Hospital Association of Southern California for California
Children's Services Eligibility Technician services, 7/1/15 - 6/30/18;
and authorize Director or designee to execute agreement - All Districts |
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41253 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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24. |
Approve
amendment 4 to agreement MA-280-10012781 with Pacific Coast Elevator Corp.
dba Amtech Elevator Services (Amtech) for elevator and escalator
maintenance services, 6/7/15 - 5/31/16 ($492,699.04, cumulative total
$2,448,705.12); and authorize Purchasing Agent or authorized Deputy to
execute amendment - District 2 |
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24153 |
APPROVED AS RECOMMENDED |
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25. |
Approve
Change Order No. G136 to agreement with Gensler for Terminal C and
Improvements to Terminals A & B Project ($1,000,000 reduction; new
total $35,958,879); authorize Director or designee to execute Change Order;
and consider application of prior Final Environmental Impact Report No. 582,
Addendum 582-1 and Final Supplemental EIR 582 and other findings - District 2 |
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B.O. |
CONTINUED TO 5/5/15, 9:30 A.M. |
OC COMMUNITY RESOURCES
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26. |
Approve
model cost reimbursement agreement for employment and economic development
services with providers selected from the approved providers list,
4/21/15 - 6/30/19 ($20,000,000); authorize Director or designee to select
from approved providers list based on certain criteria; and authorize Director
or designee to execute non-substantial, immaterial no-cost amendments
including line item budget transfers,
scope, contract term, and cost contingency not to exceed 10% under
certain conditions - All Districts |
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42153 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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27. |
Consider
second reading and adoption 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" - All Districts (Continued from Closed Public Hearing 4/14/15,
Item 39) |
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42153 |
APPROVED AS RECOMMENDED |
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ORD: 15-006 |
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28. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
agreement MA-080-15011396 with Miranda Logistics Enterprise LLC for rental
haul trucks with operators, 4/21/15 - 1/31/16 ($900,000); authorize
Purchasing Agent or authorized Deputy to execute agreement; and make
California Environmental Quality Act and other findings - All Districts |
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41253 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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29. |
Select
Simplus Management Corporation as primary and Tetra Tech BAS, Inc. as
alternate firms for construction management, quality assurance/quality
control and archaeological/paleontological support services at Central Region
Landfills; authorize Director or designee to negotiate agreement for Board
approval; and make California Environmental Quality Act and other findings -
All Districts |
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35124 |
APPROVED AS RECOMMENDED |
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30. |
Approve
agreement PM 125-15-01 with University of California, Irvine for installation
of 250 kW Ener-Core Power Generating Unit, Santiago Canyon Landfill,
4/21/15 - 5/31/19; and authorize Director or designee to execute agreement;
and consider application of Final Mitigated Negative Declaration No. 191 and
Addendum No. 191-1 and other findings - District 3 |
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35124 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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31. |
Probation - Approve
Orange County Comprehensive Multi-Agency Juvenile Justice Plan and
application for continued funding for FY 2015-16 under the Juvenile Justice
Crime Prevention Act; and authorize Chief Probation Officer or designee to
submit application to Board of State and Community Corrections - All
Districts |
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31245 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES AGENCY
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32. |
Approve
agreement WGV0515 with Arbor E & T, LLC, dba ResCare Workforce Services
for job services and employment support services, 7/1/15 - 6/30/16
($11,786,712); and authorize Director or designee to exercise contingency
cost increase not to exceed 10% of first year agreement amount for entire
term of agreement - All Districts |
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B.O. |
CONTINUED TO 5/5/15, 9:30 A.M. |
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33. |
Approve
agreement CKV1415 with Professional Tutors of America, Inc. for individual
academic tutoring services for children receiving child welfare services
in grades K-12 and non-minor dependent youth under a Juvenile Court placement
order, 7/1/15 - 6/30/18 ($120,000; aggregate total $360,000) - All Districts |
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42153 |
APPROVED AS RECOMMENDED |
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34. |
Approve
agreement WRR0215 with MAXIMUS Human Services, Inc. subsidiary of MAXIMUS,
Inc. for case management services, 7/1/15 - 6/30/16 ($6,312,661);
authorize Director or designee to exercise contingency cost increase not to
exceed 10% of first year agreement amount under certain conditions for entire
term of agreement - All Districts |
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45123 |
APPROVED AS RECOMMENDED |
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35. |
Approve
amendment 5 to MA-063-14011159 to renew as MA-063-15011284 with Quakleen Co.
Inc., for janitorial and day porter services, Orangewood Children and
Family Center, 6/1/15 - 5/31/15 ($207,540; cumulative total $1,037,700); and
authorize Purchasing Agent or authorized Deputy to execute amendment -
District 3 |
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34125 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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36. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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RECEIVED
AND FILED |
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37. |
Approve
in concept financing of Central Utility Facility upgrade; select Fieldman
Rolapp & Associates as financial advisor, Stradling Yocca Carlson
& Rauth as bond and disclosure counsel and Wells Fargo Securities as
underwriter; approve agreements 017-15001FA with Fieldman Rolapp &
Associates ($45,000) and 017-15001BC with Stradling Yocca Carlson & Rauth
($65,000) for services relating to proposed Central Utility Facility upgrade
financing, effective upon Board approval term ending 4/30/16, with option to
extend for two additional years; and authorize CEO/Public Finance Manager to
execute agreements - All Districts |
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B.O. |
CONTINUED
TO 5/5/15, 9:30 A.M. |
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38. |
Approve
in concept financing of 800MHz Countywide Coordinated Communications System
upgrade; select KNN Public Finance as financial advisor and Citigroup Global
Markets, Inc. as underwriter; approve agreement 017-15002FA with KNN Public
Finance for services relating to proposed 800MHz Countywide Coordinated
Communications System upgrade financing, ($55,000, plus expenses), effective
upon Board approval term ending 4/30/16 with option to extend for two
additional years; and authorize CEO/Public Finance Manager to execute
agreement - All Districts |
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31245 |
APPROVED
AS RECOMMENDED |
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39. |
Acting
as the Legislative Body of Community Facilities District No. 2015-1 (Village
of Esencia) - Adopt resolution certifying election results for levy of
special tax, bond indebtedness and issuance of bonds and authorizing filing
of validation action ($110,000,000); and consider first reading of "An
Ordinance of the Board of Supervisors of Orange County, California Acting in
its Capacity as the Legislative Body of Community Facilities District No.
2015-1 of the County of Orange (Village of Esencia) Authorizing the Levy of
Special Taxes"; and set second reading and adoption for 5/5/15, 9:30
a.m. - District 5 |
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54123 |
APPROVED
AS RECOMMENDED |
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RESO: 15-031 |
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40. |
Approve
licensing agreements with IBM for purchase of IBM System z9 software monthly
license charge and international program license software subscription and
support for DB2 and Omegamon Tools, 6/1/15 - 5/31/16 ($781,445.76); and
authorize Purchasing Agent or authorized Deputy to execute agreements - All
Districts |
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32145 |
APPROVED
AS RECOMMENDED |
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41. |
Approve
grant applications/awards submitted by OC Community Resources in 4/21/15
grant report and other actions on recommended - All Districts |
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15243 |
APPROVED
AS RECOMMENDED |
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42. |
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 (Continued from 4/14/15, Item S37A) |
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54123 |
APPROVED RESOLUTION AS AMENDED BY
SUPERVISORS BARTLETT AND DO WITH A UNANIMOUS VOTE BY THE BOARD |
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RESO: 15-032 |
IV. PUBLIC HEARINGS (None)
V. CLOSED SESSION (Items CS-1-SCS6)
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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SCS2. |
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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SCS3. |
PUBLIC
EMPLOYEE DISCIPLINE, DISMISSAL, RELEASE - Pursuant to Government Code Section
54957(b): |
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B.O. |
BY
A UNANIMOUS VOTE THE BOARD TERMINATED THE EMPLOYMENT OF PHILIP CHENG AS
PERFORMANCE AUDIT DIRECTOR, PURSUANT TO THE TERMS OF HIS EMPLOYMENT AGREEMENT |
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SCS4. |
PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS5. |
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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SCS6. |
PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b) |
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B.O. |
BY
A UNANIMOUS VOTE, THE BOARD APPOINTED PETER HUGHES TO THE POSITION OF INTERIM
PERFORMANCE AUDIT DIRECTOR |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Ilya Tseglin - Oral Re: Nate Tseglin, Regional Center |
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Robert Tseglin - Oral Re: Nate Tseglin, Regional Center, victims of
abuse, District Attorney, Social Services Agency, Public Defender |
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Commander Adam Powell - Oral Re: Agenda item #20, Danielle Wieland, Orange
County Sheriff's Department |
COUNTY EXECUTIVE OFFICER COMMENTS:
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Michael Giancola - Oral Re: Congratulated Human Resource Services and
Employee Benefits for being honored by Markum Award for their communication
efforts and materials provided to participants transitioning from old to new
Defined Contribution Plan; congratulated John Wayne Airport for being honored
by California Association of Public Information Officers for the redesign of
mobile website; congratulated OC Parks for being honored by California
Association of Public Information Officers for their internally produced 60
second video 'OC ZOO Get Wild' |
BOARD COMMENTS:
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Supervisor Do - Oral Re: County policy issues and Board dialogue in
public forum |
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Chairman Spitzer - Oral Re: Board dialogue in public forum; Crime
Victim's Rights Week events throughout the County including the unveiling of
the Crime Victim's Monument on April 25, 2015 at Mason Regional Park;
requested to agendize Closed Session to discuss personnel matter |
ADJOURNED:
3:08 P.M.
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53124 |
Adjourned in memory of Don Ellis |
***
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 |