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REGULAR MEETING OF THE BOARD OF SUPERVISORS |
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ORANGE COUNTY, CALIFORNIA |
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BOARD HEARING ROOM, FIRST FLOOR |
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333 W. Santa Ana Blvd., 10 Civic Center
Plaza |
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Santa Ana, California |
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MICHELLE STEEL CHAIRWOMAN Second District |
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ANDREW DO VICE CHAIR First District |
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TODD SPITZER SUPERVISOR Third District |
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SHAWN NELSON SUPERVISOR Fourth District |
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LISA A. BARTLETT SUPERVISOR Fifth District |
ATTENDANCE: Supervisors
Do, Steel, Spitzer and Nelson
EXCUSED: Supervisor
Bartlett
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PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Frank Kim |
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COUNTY COUNSEL |
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Leon J. Page |
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CLERK OF THE BOARD |
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Robin Stieler |
INVOCATION:
Supervisor Spitzer, Third District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Do, First District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS (None Scheduled)
II.
PUBLIC COMMENTS
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Michael Klubnikin - Oral re: 11/8/16
violation of the Ralph M. Brown Act regarding public comments; illegal
criminal behaviors and exposure of judges; money laundering, real estate
fraud and falsification of documents |
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Randy Argo - Oral re: Previously submitted
Memorandum of Understanding to the Board regarding the Dana Point Tideland
Trust Act; has not heard from anyone regarding discrimination against tolls,
fees and charges; personal boat is deemed oversized after 4 years of being in
boat slip at the marina |
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Richard Longobordo - Oral re: Representing
his homeowners association; read letter from his homeowners association
President Ava O’Keefe opposing Toll Road in San Clemente and requesting to
abolish the TCA and Toll Roads |
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Nich Kolev PhD - Oral re: Corruption of
Child Support Services and law firms that have connections with Child Support
Services; taking Child Support Services to Federal court |
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Mohammed Aly - Oral re: Contract with City
Net to provide services to the homeless on the Santa Ana Riverbed does not
include basic sanitation services to the homeless; submitted demand letter to
the Clerk and County Counsel regarding discussion of City Net contract during
closed session; discussion during
closed session was a violation of the Brown Act; Honda Center contributions
to contract received by City Net; asked for information regarding
contributions made by the Honda Center regarding City Net contract; cannot
evict homeless until County provides alternatives to the homeless |
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Craig Sheets - Oral re: Meth labs in Orange
County; individuals connected to the meth labs; electronic eyes; litmus
paper, mother ship conspiracy |
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Steve Rocco - Oral re: Wrote book titled
“Behind the Orange Curtain”; was arrested and home was raided; July 20th -
date his parents were murdered and article in OC Register; cover-up of Tony Rackauckas |
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Mark McGuire - Oral re: Toll Road extension
beyond Oso Parkway; request to keep Los Patrones Parkway a free County
arterial and not convert to a portion of the 241 toll road; believes County
can look at other arterial solutions and work with cities that would be
preferable for everyone |
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Norris - Oral re: Used Google Search to
learn more about the phrase and passage from the bible ‘Harvest is ready but
the laborers are few;’ passage was discussed in church; time stamp of Google
search on Beach and Chapman |
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Ilya Tseglin - Oral re: Nate Tseglin; OC
Regional Center; corruption and organized government crime in the County;
Public Defender corruption; Social Services; Public Guardian and law
enforcement; corrupted officials stealing money |
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Robert Tseglin - Oral re: Nate Tseglin
kidnapped three times and placed in group home; OC Regional Center;
conservatorship; Social Services; Adult Protective Services; Public Defender;
psychotropic abuse; concealing medical records |
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Lou Noble - Oral re: Criminalizing the
homeless; no policing at night in the riverbed; Alfresco Gardens; resistance
of the homeless to utilize shelters and preference to live in tents at the
riverbed; shelters are locked down; City Net; bathrooms and showers for the
homeless; Nate Tseglin |
III.
CONSENT CALENDAR (Items 1-19)
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14352 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 3 WHICH WAS DELETED; AND ITEMS 1 AND 12 WHICH WERE PULLED FOR
DISCUSSION AND SEPARATE VOTE; AND SUPERVISOR SPITZER VOTING NO ON ITEM 19 |
BOARD APPOINTMENTS
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1. |
Supervisor Spitzer - Orange
County Veterans Advisory Council - Reappoint Robert Vernon McDonald,
Anaheim, for term ending 4/14/19 |
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34152 |
APPROVED AS RECOMMENDED |
DEPARTMENT APPOINTMENTS
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Health Care
Agency: |
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2. |
Well
Standards Advisory Board - Appoint James Fortuna, Orange; and reappoint John
Gregg, Signal Hill; Roy Herndon, Fountain Valley; Robert McVicker,
Anaheim; and Nabil Saba, Santa Ana for terms ending 1/6/20 - All Districts |
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3. |
Orange
County Alcohol and Drug Advisory Board - Reappoint Geoffrey Henderson,
Anaheim, for term ending 3/6/20; and appoint Alexis Patlan, Garden Grove, to
complete term ending 11/16/19; Mark Prizmic, Anaheim, to complete term ending
10/28/17; Fasi Siddiqui, San Clemente, to complete term ending 12/3/18 and
Lauren Slivinski, Santa Ana, to complete term ending 10/18/17 - All Districts |
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14352 |
DELETED |
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4. |
Orange
County Mental Health Board - Reappoint Michaell Rose, Fountain Valley, for
term ending 5/20/20 - All Districts |
ELECTED DEPARTMENT HEADS
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5. |
Auditor-Controller - Approve
Auditor-Controller Internal Audit Division's Audit Plan and Risk
Assessment FY 2017-18 as detailed in Attachment A - All Districts |
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6. |
Sheriff-Coroner - Ratify
agreement 17112308 with State of California for Peace Officer Standards
and Training (POST) Driving Simulator courses and Force Option Simulator
courses, 7/1/17 - 6/30/18 ($165,000); and authorize Sheriff-Coroner or
designee to execute agreement - All Districts |
JOHN WAYNE AIRPORT
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7. |
Approve
selection of and agreement with Mastek, Inc. for Airport Power Distribution
Studies, term 150 days ($438,215); and make California Environmental
Quality Act and other findings - District 2 |
OC COMMUNITY RESOURCES
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8. |
Designate
Eddie L. Falcon to the positions of County Veterans Service Officer and
County Veterans Remains Officer, effective 7/11/17 - All Districts |
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9. |
Approve
Library Fee Payment Implementation agreement with La Floresta, LLC, and
Birch/Kraemer, LLC to establish guidelines for collection and
disbursement of fee payments required to mitigate impacts resulting from a
residential housing project on existing or future library facilities or
services, Brea Branch Library - District 4 |
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10. |
Accept
donation of $11,515 from Brian F. Smith & Associates, Inc. to offset the
cost of cataloguing and storing fossil and paleontological materials
found in Lake Forest - Districts 1 and 5 |
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11. |
Approve
agreement MA-012-17011894 with American Kennel Club Companion Animal Recovery
Corporation dba AKC Reunite to receive trailers and supplies for displaced
pets and service animals in the event of an emergency or disaster, effective
upon Board approval; and authorize Director or designee to execute agreement
- All Districts |
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12. |
Approve
agreement MA-012-17011781 with Convergent Nonprofit Solutions, LLC for
assistance in development, execution and management of a fundraising
campaign program for new animal shelter project, effective upon Board
approval and continuing through completion and acceptance of all services
($200,000); and authorize the Purchasing Agent or authorized Deputy to
execute agreement and to exercise cost contingency increase not to exceed 10%
under certain conditions - All Districts |
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32145 |
APPROVED ITEM AS AMENDED CHANGING
RECOMMENDED ACTION #1 TO AUTHORIZE THE COUNTY PURCHASING AGENT OR AUTHORIZED
DEPUTY TO EXECUTE CONTRACT WITH CONVERGENT NONPROFIT SOLUTIONS, LLC AFTER
AMENDING CONTRACT TO REQUIRE BOARD APPROVAL PRIOR TO MOVING FORWARD WITH
PROPOSED FUNDRAISING CAMPAIGN; AND TO AUTHORIZE COUNTY PURCHASING AGENT OR
AUTHORIZED DEPUTY TO MAKE APPROPRIATE AMENDMENTS TO THE AGREEMENT PER
AMENDMENTS TO RECOMMENDED ACTION #1 |
OC PUBLIC WORKS
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13. |
Approve
Final Tract Map 17601; approve Subdivision Improvement agreement S1704-215
with William Lyon Homes, Inc.; accept bonds guaranteeing construction;
accept dedication of easements for emergency access, public utility, public
service vehicle ingress and egress and accept vehicular access rights to
Airoso Street - District 5 |
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14. |
Approve
Final Tract Map 17603; approve Subdivision Improvement agreement S1704-216
with The New Home Company Southern California, LLC; accept bonds
guaranteeing construction; accept dedication of easements for emergency
access, public utility and public service vehicle ingress and egress
purposes; and accept vehicular access rights to Airoso Street - District 5 |
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15. |
Approve
Final Tract Map 17604; approve Subdivision Improvement agreement S1703-214
with The New Home Company Southern California, LLC; accept bonds
guaranteeing construction; accept dedication of easements for emergency
access, public utility and public service vehicle ingress and egress
purposes; and accept vehicular access rights to Airoso Street - District 5 |
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16. |
Approve
items A, B and C of Orange County Traffic Committee Report dated 4/20/17
related to speed limits and stop signs in unincorporated Orange Park
Acres, North Tustin and Ladera Ranch; approve recommendations; adopt
necessary resolutions; rescind a portion of Resolution No. 83-447 and rescind
Resolution No. 76-1881; and make California Environmental Quality Act and
other findings - Districts 3 and 5 |
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RESO: 17-081 -
17-082 |
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17. |
Acting as the Orange County Flood Control
District - Approve
Bikeways and Trails agreement MA-080-17011865 with City of Irvine to
construct and maintain bikeway and pedestrian trail improvements, 50-year
term with automatic annual renewals; authorize Director or designee to carry
out terms of agreement; and make California Environmental Quality Act and
other findings - Districts 3 and 5 |
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18. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Adopt
unit price book, unit price list, and technical specifications, and set
bid opening for 8/9/17, 2:00 p.m. for Job Order Contracts for general
engineering and pavement maintenance; and make California Environmental
Quality Act and other findings - All Districts |
GENERAL ADMINISTRATION
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19. |
Clerk of the Board - Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Coast Community College District - Districts 1 and 2 |
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14352 |
APPROVED AS RECOMMENDED |
END OF
CONSENT CALENDAR
IV.
DISCUSSION ITEMS (Items 20-S37C)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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20. |
Approve
amendment 1 to agreement MA-060-15012270 with Siemens Industry, Inc. for
preventive maintenance and repairs to Theo Lacy and Coroner facilities energy
management system hardware and software, 9/1/17 - 8/31/19 ($154,576; new
total $300,704); renewable for one additional year; and authorize Purchasing
Agent or authorized Deputy to execute amendment - Districts 1 and 3 |
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31452 |
APPROVED
AS RECOMMENDED |
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21. |
Approve
agreement MA-060-17011748 with Dimension Data North America, Inc. for
telecommunication technology solution services and products utilizing the
Fast Open Contracts Utilization Services, term ending 4/25/18 ($5,000,000); renewable
for three additional one-year terms; and authorize Purchasing Agent or
authorized Deputy to execute agreement - All Districts |
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41352 |
APPROVED
AS RECOMMENDED |
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22. |
Waive
informality in bids for Interlog Corporation and Nu Age Development, Inc.;
receive bids and award job order contracts to MIK Construction, Inc., MTM
Construction, Inc., Exbon Development, Inc., Interlog Corporation, CTG
Construction, Inc. and Nu Age Development, Inc. for general contracting
services, 7/11/17 - 7/10/18 ($4,475,000 each); authorize Director of Research
and Development or designee to execute contracts; and make California
Environmental Quality Act and other findings - All Districts |
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14352 |
APPROVED
AS RECOMMENDED |
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23. |
Receive
and file status report and approve continuance of local emergency related to
Theo Lacy Facility, H Barracks West for unrepairable drain and plumbing
system issues; and set review to determine need for continuing local
emergency for 7/25/17, 9:30 a.m. and every regularly scheduled meeting
thereafter until terminated - District 3 (4/5 vote of the members present)
(Continued from 5/23/17, Item S72B; 6/6/17, Item 31; 6/13/17, Item 2;
6/27/17, Item 50) |
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34152 |
APPROVED
AS RECOMMENDED |
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24. |
Treasurer-Tax Collector - Approve
amendment 5 to agreement MA-074-13010137 with Wells Fargo Merchant
Services, L.L.C. and Wells Fargo Bank, N.A. for electronic payment acceptance
and processing services for non-convenience fee credit and debit cards and
eCheck transactions, 8/14/17 - 8/13/18 ($1,900,000; cumulative total $8.8
million); approve amendment 6 to agreement MA-074-13010138 Wells Fargo Bank,
N.A. for Internet payment gateway services to accept and process payments via
Internet, 8/14/17 - 8/13/18 ($10,000; cumulative total $70,000); and
authorize Purchasing Agent or authorized Deputy to execute amendments - All
Districts |
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14352 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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25. |
Approve
amendments to 1985 Settlement Agreement and to Phase 2 Commercial Airline
Access Plan and Regulation to modify definition of commuter air carrier
as Class E aircraft regularly configured with not more than seventy-six
seats; and consider application of Final Environmental Impact Report No. 617
and other findings - District 2 (Continued from 6/27/17, Item 58) |
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B.O. |
CONTINUED TO 7/25/17, 9:30 A.M. |
OC COMMUNITY RESOURCES
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26. |
Approve
amendment 2 to agreement MA-012-15011980 with MaintStar Inc. for Computerized
Maintenance Management System software and support, 8/1/17- 7/31/18 ($54,287;
cumulative total $160,599); authorize Purchasing Agent or authorized Deputy
to execute amendment; and make California and Environmental Quality Act and
other findings - All Districts |
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14352 |
APPROVED AS RECOMMENDED |
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27. |
Approve
agreement MA-012-17011868 with OCLC Online Computer Library Center Inc. dba
OCLC, Inc. for cataloging, interlibrary loan services and worldwide
library sharing of materials, information and services to patrons, 8/1/17 -
7/31/18 ($135,629.32); with option to renew for four additional one-year
terms; and authorize Purchasing Agent or authorized Deputy to execute
agreement - All Districts |
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14352 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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28. |
Approve
agreements MA-080-17011737 with JJJ Floor Covering Inc. and Interfinish
Corporation for on-call flooring maintenance and repair services, 7/11/17
- 7/10/20 ($3,000,000 each; aggregate total $6,000,000); renewable for two
additional one-year terms; authorize Purchasing Agent or authorized Deputy to
execute agreements; and make California Environmental Quality Act and other
findings - All Districts |
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14352 |
APPROVED AS RECOMMENDED |
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29. |
Approve
amendment 1 to renew agreement MA-299-15010787 with Geosyntec Consultants,
Inc. for regulatory compliance support services, 11/25/17 - 11/24/19
($1,260,000; new cumulative total $3,260,000); and authorize Director or
designee to execute amendment - All Districts |
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41352 |
APPROVED AS RECOMMENDED |
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30. |
Approve
agreement MA-080-17011742 with Simon Wong Engineering, Inc., MA-080-17011740
with TRC Engineers, Inc. and
MA-080-17011741 with McCormick-Busse Inc. for on-call public relations
services, 7/11/17 - 7/10/20 ($1,500,000 each; aggregate total $4,500,000)
renewable for two additional one-year terms; authorize Director or designee
to execute agreements; and make California Environmental Quality Act and
other findings - All Districts |
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32145 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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31. |
Approve
agreement MA-299-17011739 with Helix Environmental Construction Group, Inc.
for native plant habitat management and landscape maintenance services,
Central and North Region Landfills, 7/15/17 - 7/14/20 ($1,200,000); renewable
for two additional one-year terms ($400,000 per year); authorize Purchasing
Agent or authorized Deputy to execute agreement; and make California
Environmental Quality Act and other findings - Districts 3 and 4 |
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34152 |
APPROVED AS RECOMMENDED |
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32. |
Approve
four Amended and Restated Communications Site Licenses PM123-15A&R, PM123-16A&R,
PM123-17A&R and PM123-18A&R with Sprint PCS Assets, L.L.C., New
Cingular Wireless PCS, LLC, T-Mobile West LLC and Los Angeles SMSA Limited
Partnership dba Verizon Wireless, terms ending 10/31/46 ($39,600 each for the
first year; 4% increase each year thereafter); authorize Director or designee
to execute licenses and any amendments under certain conditions; and consider
application of Mitigated Negative Declaration No. PA2016-091 and other
findings - District 2 |
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24135 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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33. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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13452 |
APPROVED
STAFF RECOMMENDATIONS IN 7/11/17 LEGISLATIVE REPORT WITH ADDITIONAL DIRECTION
TO OPPOSE SB4 (MENDOZA) |
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34. |
Approve
grant applications/awards submitted by Health Care Agency and ratify
retroactive grant applications/awards submitted by District Attorney in
7/11/17 grant report and other actions as recommended; adopt resolution
authorizing Health Care Agency Director or designee to accept grant award,
execute grant agreement 16-11046 and amendments with California Department of
Public Health/Safe and Active Communities Branch; and adopt resolution
authorizing District Attorney or designee to execute agreement VC-7072 and
amendments with California Victim Compensation Board for Criminal Restitution
Compact Program, 7/1/17 - 6/30/19 ($91,316 per year); and make California
Environmental Quality Act and other findings - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
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RESO: 17-083 - 17-084 |
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35. |
Approve
proposed response to FY 2016-17 Grand Jury Report "Unfinished Business:
Responses to 2015-2016 Orange County Grand Jury Reports" - All Districts |
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14352 |
APPROVED
AS RECOMMENDED |
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36. |
Approve
proposed response to FY 2016-17 Grand Jury Report "Is Orange County
Ready for Zika? It Takes a Village to Handle Mosquito-Borne Viruses"
- All Districts |
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14352 |
APPROVED
AS RECOMMENDED |
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37. |
Approve
proposed response to FY 2016-17 Grand Jury Report "The Great Escape -
Never Again?" - All Districts |
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12345 |
APPROVED
AS RECOMMENDED |
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County Counsel: |
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S37A. |
Authorize
County Counsel to consent to law firm of Meyers, Nave, Riback, Silver and
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14352 |
APPROVED
AS RECOMMENDED |
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S37B. |
Adopt
resolution approving agreement with California Department of Social Services
for legal consultation and representation for Resource Family Approval
administrative action appeals, 7/11/17
- 6/30/19; and authorize County Counsel or designee to enter into and execute
agreement - All Districts |
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13452 |
APPROVED
AS RECOMMENDED |
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RESO: 17-085 |
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S37C. |
Chairwoman Steel and Vice Chair Do - Consider
first reading of "An Ordinance of the County of Orange, California
Amending Sections 4-11-11 and 4-11-12 of the Codified Ordinances of the
County of Orange Regarding the Orange County Health Authority"; and set
second reading and adoption for 7/25/17, 9:30 a.m. |
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ON THE MOTION OF CHAIRWOMAN STEEL, SECONDED
BY VICE CHAIR DO, THE BOARD, ON A VOTE OF 3 TO 1, SUPERVISOR SPITZER VOTING
NO, AND SUPERVISOR BARTLETT ABSENT, APPROVED FIRST READING OF SUBSTITUTE
ORDINANCE, PROPOSED BY VICE CHAIR DO, AMENDING ORANGE COUNTY ORDINANCE
SECTIONS 4-11-11 (a), (c), (e), (f), AND (G) AND 4-11-12 (a), (b), (c), (d)
AND (e), RELATING TO THE BOARD OF DIRECTORS OF CALOPTIMA (COPY ON FILE WITH
THE CLERK OF THE BOARD), AND DIRECTED THAT THE SUBSTITUTE ORDINANCE BE PLACED
ON THE 7/25/17, 9:30 A.M. AGENDA FOR SECOND READING AND ADOPTION |
V.
PUBLIC HEARINGS (Item 38)
OC PUBLIC WORKS
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38. |
Public
Hearing to consider adopting resolution approving annual sewage unit fee for
La Mirada County Service Area No. 13 sewer services; and make California
Environmental Quality Act and other findings - District 4 (4/5 vote of the
members present) |
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CLOSED PUBLIC HEARING |
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41352 |
APPROVED AS RECOMMENDED |
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RESO: 17-086 |
VI.
CLOSED SESSION (Items CS-1-SCS5)
GENERAL ADMINISTRATION
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CS-1. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section
54957.6:Agency Negotiator: Brenda
DiederichsEmployee Organizations:
Association of County Law Enforcement Management (ACLEM), American
Federation of State, County and Municipal Employees (AFSCME), Association of
Orange County Deputy Sheriffs (AOCDS), International Brotherhood of
Teamsters, Local 952, In-Home Supportive Services (IHSS), International Union
of Operating Engineers (IUOE), Orange County Attorneys Association (OCAA),
Orange County Employees Association (OCEA), Orange County Managers
Association (OCMA) and other non-represented employeesRE: Terms and Conditions of Employment |
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B.O. |
DELETED |
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County Counsel: |
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SCS2. |
CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government Code
Section 54956.9(d)(4): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS3. |
CONFERENCE
WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government
Code Section 54956.9(d)(4): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
COUNTY COUNSEL READ: THE BOARD BY A
VOTE OF 4 TO 0, SUPERVISORS DO, STEEL,
SPITZER AND NELSON VOTING IN FAVOR AND SUPERVISOR BARTLETT BEING ABSENT,
APPROVED A PROPOSED SETTLEMENT IN THE CASE OF TROY JON THOMAS 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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SCS5. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION -Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
CONTINUED
TO 7/25/17, 9:30 A.M. |
VII.
CEO, BOARD COMMENTS & ADJOURNMENT
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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None |
ADJOURNED:
1:11 P.M.
|
42135 |
Adjourned in memory of Dale Dykema |
***
KEY ***
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Left Margin
Notes |
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1. = Supervisor Do |
A. = Abstained |
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2. = Supervisor Steel |
X. = Excused |
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3. = Supervisor Spitzer |
N. = No |
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4. = Supervisor Nelson |
BO = Board Order |
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5. = Supervisor Bartlett |
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ORD. = Ordinance |
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RESO. = Resolution |
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Above numbers
refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded
by)
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Chair, Orange County Board of Supervisors |
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Orange County Clerk of the Board |