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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 Spitzer, Third District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Moorlach, Second District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-17)
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25134 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 9, 15, 16, & 17 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE
VOTE |
BOARD APPOINTMENTS
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1. |
Supervisor Moorlach - Acting
as the Orange County Housing Authority - Housing and Community
Development Commission - Appoint Matt Moore, Newport Beach, to complete term
ending 6/30/13 |
DEPARTMENT APPOINTMENTS
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2. |
OC Community Resources - Orange
County Workforce Investment Board - Appoint Barbara Mason, Huntington
Beach, to complete term ending 12/31/15 - All Districts |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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3. |
Approve
amendment 2 to agreement MA-060-11012291 renewing as MA-060-13011561 with
Goodwill Industries of Orange County for packaging food and personal care
items for jail commissary operations, 5/18/13 - 5/17/14 ($169,000); and
authorize Purchasing Agent or authorized Deputy to execute amendment - All
Districts |
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4. |
Receive
bids and award contract to CJ PRO, Inc. for Americans with Disabilities Act
(ADA) Accessibility Modifications to Tank P-13, Central Women's Jail
($175,700); and make California Environmental Quality Act findings - District
1 |
HEALTH CARE AGENCY
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5. |
Approve
agreement with State Department of Public Health for AIDS Drug Assistance
Program, 7/1/12 - 6/30/15 ($291,258); and authorize Director or designee
to execute agreement - All Districts |
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6. |
Approve
renewal of master agreement MA-042-12011513 as MA-042-13011384 with Global
Works Inc. dba Western Interpreting Network for sign language
interpretation services, 7/1/13 - 6/30/14 ($145,000); and authorize
Purchasing Agent or authorized Deputy to execute agreement - All Districts |
OC COMMUNITY RESOURCES
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7. |
Select
various firms in ranked list for on-call architect/engineer and professional
consultant services; authorize negotiation of agreements for Board
approval; and make California Environmental Quality Act findings - All
Districts |
OC PUBLIC WORKS
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8. |
Adopt
resolution establishing standard plans and specifications with modifications,
deletions and revisions for various public facilities; and authorize
printing, distribution and sale of "OC Public Works Standard Plans, 2013
Edition"; and make California Environmental Quality Act findings - All
Districts |
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RESO: 13-026 |
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9. |
Receive
and file County of Orange General Plan Progress Report and authorize
submittal to State Department of Housing and Community Development and
Governor's Office of Planning and Research; and make California Environmental
Quality Act findings - All Districts |
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34125 |
APPROVED AS RECOMMENDED |
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10. |
Approve
Memorandum of Understanding with San Diego Unified Port District and the
Cities of San Diego and Oceanside for Regional Harbor Monitoring Program;
authorize OC Public Works and OC Dana Point Harbor Directors or designees to
execute Memorandum of Understanding; and make California Environmental
Quality findings - District 5 |
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11. |
Select
Harris & Associates as primary and AndersonPenna Partners, Inc. as
alternate firms for construction management services of Edinger Avenue
Bridge Widening project; authorize negotiation of agreement for Board
approval; and make California Environmental Quality Act findings - District 1 |
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12. |
Select
AECOM as primary and Harris & Associates, Inc. as alternate firms for construction
management services of Lincoln Avenue Bridge Widening project; authorize
negotiation of agreement for Board approval; and make California
Environmental Quality Act findings - District 3 |
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13. |
Acting as the Orange County Flood Control
District - Approve
agreement D11-063 with the City of Orange for pedestrian and bikeway
improvements and maintenance, ten-year term with annual renewals; and make
California Environmental Quality Act findings - District 3 |
OC WASTE & RECYCLING
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14. |
Approve
amendment 5 to Successor Refuse Gas Lease and agreement; approve amendment 7
to Site Lease agreement; approve assignment agreement with Gas Recovery
Systems LLC assigning to Coyote Canyon Energy LLC; approve consent to
collateral assignment agreement with Union Bank; accept continuing guaranty
from Fortistar LLC for Coyote Landfill; authorize Director or designee to
execute agreements and amendments; and make California Environmental Quality
Act findings - District 2 |
PUBLIC PROTECTION
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15. |
Probation - Approve
agreement with Orange County Superintendent of Schools for personnel support
services for programs conducted at Youth Guidance Center, Youth Leadership
Academy and Juvenile Hall, 7/1/13 - 6/30/14 ($327,000); and make California
Environmental Quality Act findings - All Districts |
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32154 |
APPROVED WITH MODIFICATION CHANGING SECTION
10 TO 10.1 AND ADDING 10.2 IN CASE OF
AN ESCAPE OR LOCKDOWN OR OTHER REASON TEACHERS SHOULD NOT COME TO A FACILITY,
THIS INFORMATION WILL BE IMMEDIATELY COMMUNICATED BETWEEN THE PARTIES. |
GENERAL ADMINISTRATION
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16. |
County Executive Office - Receive
and file charitable organizations actual income/expenses for 2012 and
planned activities for 2013 - All Districts |
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23154 |
APPROVED AS RECOMMENDED EXCLUDING CRIME
SURVIVORS, INC. |
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14235 |
APPROVED CRIME SURVIVORS, INC. SUPERVISOR
SPITZER RECUSED HIMSELF FROM THE DISCUSSION AND VOTE DUE TO A POTENTIAL
CONFLICT OF INTEREST |
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17. |
Internal Audit - Receive
and file Internal Audit Department Monthly Status Report for March 2013 -
All Districts |
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24135 |
APPROVED AS RECOMMENDED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 18-S36B)
HEALTH CARE AGENCY
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18. |
Approve
amendment 1 to master agreement with various providers for adult mental
health inpatient services, 7/1/12 - 6/30/13 ($101,743; new total
$4,375,163); and authorize Director or designee to execute amendments - All
Districts |
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B.O. |
DELETED |
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19. |
Approve
master agreement with various providers for Socialization Program for
isolated and older adults, 7/1/13 - 6/30/14 ($919,500); and authorize
Director or designee to execute agreements - All Districts |
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21354 |
APPROVED AS RECOMMENDED |
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20. |
Approve
master agreement with various providers of Adult Mental Health Inpatient
Services, 7/1/13 - 6/30/15 ($8,750,326); and authorize Director or
designee to execute agreements - All Districts |
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32154 |
APPROVED AS RECOMMENDED |
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21. |
Approve
master agreement with various providers of Post Custody Re-Entry services,
7/1/13 - 6/30/16 ($836,049); and authorize Director or designee to
execute agreements and exercise contingency contract increase not to exceed
10% - All Districts |
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25134 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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22. |
Approve
agreements with Jeff Oviedo & Associates, Inc. dba JOA Group
($1,050,000), Faithful+Gould, Inc. ($750,000) and Butier Engineering,
Inc. ($750,000) for project management services, Capital Improvement Program,
effective for three year period; and make California Environmental Quality
Act findings - District 2 |
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24135 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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23. |
Approve
fund decrease to the Workforce Investment Act (WIA) Youth Cost Reimbursement
agreement with Orange County Conservation Corps, 5/7/13 - 6/30/13
($589,545 decrease; new total $1,300,000); and authorize Director or designee
to execute amended agreements, exercise a cost contingency increase or
decrease not to exceed 10% and make line item budget transfers under certain
conditions - All Districts |
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B.O. |
CONTINUED TO 5/7/13, 9:30 A.M. |
OC PUBLIC WORKS
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24. |
Receive
bids and award contract to Powell Constructors, Inc. for Edinger Avenue
Bridge widening over Santa Ana River from East of Harbor Boulevard to
West of Fairview Street ($5,460,789.46); and make California Environmental
Quality Act findings - District 1 |
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15234 |
APPROVED AS RECOMMENDED |
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25. |
Approve
amended agreement MA-080-11010824 with Atkins North America, Inc., Bureau
Veritas North America, Inc., Tait and Associates, Inc. and Willdan
Engineering for land use planning and engineering services ($2,150,000; new
total $5,150,000); authorize Purchasing Agent or authorized Deputy to execute
agreement; and make California Environmental Quality Act findings - All
Districts |
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15234 |
APPROVED AS RECOMMENDED |
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26. |
Receive
bids and award contract to PALP, Inc. dba Excel Paving Company for
construction of the La Colina Drive Pavement Rehabilitation project,
North Tustin area ($1,332,284.30); accept Proposition 1B State-Local
Partnership Program funds ($764,000); and make California Environmental
Quality Act findings - District 3 |
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31254 |
APPROVED AS RECOMMENDED |
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27. |
Receive
bids and award contract to KEC Engineering for construction of Midway City
Street and Drainage Improvements Phase III ($6,296,618.20); approve
agreement D13-022 with Midway City Sanitary District for reimbursement costs
to relocate conflicting sewer lines and adjustment of existing sewer
facilities within project limits; and make California Environmental Quality
Act findings - District 1 |
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14235 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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28. |
Approve
agreement MA-299-13011641 with Habitat West, Inc. for native plant habitat
management and landscape maintenance services, South Region Landfills,
5/1/13 - 4/30/16 ($1,800,000); renewable for two additional one-year periods
($600,000 per year); authorize Purchasing Agent or authorized Deputy to
execute agreement; and make California Environmental Quality Act findings -
Districts 2 & 5 |
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25134 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES AGENCY
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29. |
Approve
master agreement CRR0213-00 with various state licensed group home providers
for certified residential care and support services to dependent
children, 7/1/13 - 6/30/16; and authorize Director or designee to execute
agreements - All Districts |
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B.O. |
CONTINUED TO 5/7/13 9:30 A.M. |
GENERAL ADMINISTRATION
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30. |
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 3/31/15 - All Districts |
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12354 |
SELECTED & APPOINTED SANDRA BERRY TO
EDUCATION CATEGORY (ANNUAL ALTERNATING CATEGORY) |
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32154 |
SELECTED & APPOINTED HUGH HEWITT TO
EDUCATION CATEGORY |
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21354 |
SELECTED & APPOINTED KIMBERLY CRIPE TO
HEALTH CATEGORY |
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County
Executive Office: |
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31. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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25134 |
APPROVED
AS RECOMMENDED WITH CHAIRMAN NELSON ABSTAINING ON RECOMMENDED ACTION 3 |
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32. |
Approve
grant applications/awards submitted by OC Community Resources and John Wayne
Airport in 4/23/13 grant report and other actions as recommended; authorize
OC Community Resources Director or designee to execute agreement with Orange
County Workforce Investment Board and South Bay Workforce Investment Board
($1,344,530) - All Districts |
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31254 |
APPROVED
AS RECOMMENDED |
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33. |
Receive
and file Quarterly Information Technology Project Status Detail, Executive
Summary and Risk Assessment Reports for January - March 2013 - All
Districts |
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14235 |
APPROVED
AS RECOMMENDED |
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34. |
Approve
in concept issuance of Tax and Revenue Anticipation Notes for financing
general fund cash flow needs for FY 2013-14; and approve selection of
Orrick, Herrington & Sutcliffe LLP as note and disclosure counsel and KNN
Public Finance as financial advisor - All Districts |
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24135 |
APPROVED
AS RECOMMENDED |
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35. |
Approve
agreement 13-002FA with KNN Public Finance for general financial advisory
services ($75,000 annually) and services related to issuance of Tax and
Revenue Anticipation Notes (compensation not to exceed $40,000, plus not to
exceed $2,500 in expenses) and services related to refunding of Tax
Allocation Bonds (not to exceed $55,000 plus $2,500 in expenses); approve
agreement 13-001FA with C.M. de Crinis & Company, Inc. for general
financial services ($75,000 annually) and
services related to Tax Allocation Bonds (not to exceed $47,500
annually); approve agreement 13-003FA with Montague DeRose and Associates,
LLC for general financial advisory services ($75,000 annually); and authorize
Public Finance Manager to execute agreements - All Districts |
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34125 |
APPROVED
AS RECOMMENDED ACTIONS 1, 2 AND 4 |
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36. |
Approve
agreements 13-001BC with Orrick, Herrington & Sutcliffe LLP for general
legal services (not to exceed $75,000 annually) and bond and disclosure
counsel services related to Tax and Revenue Anticipation Notes ($62,500 plus
not to exceed $2,500 in expenses); approve agreement 13-002BC with Stradling
Yocca Carlson & Rauth for general legal services ($75,000 annually) and
bond and disclosure counsel services ($75,000) related to Tax Allocation
Bonds; approve agreement 13-003BC with Polsinelli Shughart LLP for general
legal services ($75,000 annually); and authorize Public Finance Manager to
execute agreements - All Districts |
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12354 |
APPROVED
AS RECOMMENDED |
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S36A. |
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
(Continued from 4/16/13, Item 20) |
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B.O. |
CONTINUED TO 5/7/13, 9:30 A.M. |
ELECTED DEPARTMENT HEADS
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S36B. |
Sheriff-Coroner - Declare
Emergency and make finding pursuant to Public Contract Code Section
22050(a)(1)(2); authorize Sheriff-Coroner Research and Development Director
or designee to negotiate and award an agreement with Trane U.S. Inc. for
replacement of 300 Ton Centrifugal Chiller, Theo Lacy Jail Facility
($425,000); set review to determine continuing need for emergency action for
5/7/13, 9:30 a.m. and every 14 days thereafter; and make California
Environmental Quality Act findings - District 3 (4/5 vote of members present
and voting) |
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34125 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (Item 37)
GENERAL ADMINISTRATION
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37. |
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; 4/16/13, Item 35) |
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B.O. |
CLOSED PUBLIC HEARING |
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31254 |
APPROVED AS RECOMMENDED |
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ORD: 13-003 |
V. CLOSED SESSION (Items CS-1-SCS8)
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,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF PHOEBE LOGGINS,
ET AL. V. COUNTY OF ORANGE, 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 CEO/RISK MANAGEMENT TO
ANY PERSON WHO INQUIRES. |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(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 JUVENAL
CARRASCO, PLAINTIFF AND TOWER INSURANCE COMPANY OF NEW YORK, A NEW YORK
INSURANCE COMPANY, INTERVENOR V. COUNTY OF ORANGE. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO
FINAL APPROVAL OF OTHERS. AS SOON AS
THE PROPOSED SETTLEMENT BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE
OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES. |
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CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(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 WILLIAM J. HUNT
V. COUNTY OF ORANGE, 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 CEO/RISK MANAGEMENT TO
ANY PERSON WHO INQUIRES. |
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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. |
HELD,
NO REPORTABLE ACTION |
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CS-5. |
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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CS-6. |
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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SCS7. |
County Counsel - CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF LITIGATION -Pursuant to Government
Code Section 54956.9(d)(4):
Number of
Cases: One Case |
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B.O. |
HELD, NO REPORTABLE ACTION |
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SCS8. |
Chairman Nelson - PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section |
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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: Family estate,
Nate Tseglin and corruption in County |
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Ilya Tseglin - Oral Re: Nate Tseglin, Regional Center of Orange
County, Michael Klubnikin and Judah Jacobsen's daughter |
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Robert Tseglin - Oral Re: Nate Tseglin |
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Charles Griffin - Oral Re: Beach fire rings, John Wayne Airport and
high speed rail |
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Darrell Nolta - Oral Re: Sheriff's
heightened security and monitoring; private ambulance services |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Moorlach - Oral Re: Point in Time Homeless Count celebration;
impacts of State prison overcrowding; introduced Phillip Chang, the new
Performance Auditor; private ambulance issue in Alameda County |
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Supervisor Bates - Oral Re: Dana Point Harbor Beautification Award for
water quality |
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Supervisor Nguyen - Oral Re: Central County Health Expo 2013; 2nd Annual
Child Celebration Day; Walk of Honor; Countywide sexual harassment training |
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Supervisor Spitzer - Oral Re: AB 109/State Prison overcrowding impacts
and high level of health care services County will be required to provide
prisoners; Crime Victims Week |
ADJOURNED:
3:25 P.M.
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54123 |
Adjourned in memory of Kathryn Jan Pedero |
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34125 |
Adjourned in memory of Angela Sandoval,
Genaro Fernandez, Raudel Fernandez-Avila, Leonardo Fernandez-Avila and Belen
Fernandez |
***
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 |