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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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LISA A. BARTLETT CHAIRWOMAN Fifth District |
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MICHELLE STEEL VICE CHAIR Second District |
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ANDREW DO SUPERVISOR First District |
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TODD SPITZER SUPERVISOR Third District |
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SHAWN NELSON SUPERVISOR Fourth District |
ATTENDANCE: Supervisors
Bartlett, Nelson, Spitzer and Steel
EXCUSED: Supervisor
Do
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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:
Vice Chair 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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Chairwoman Bartlett presented a resolution
in recognition of the National Accreditation of the OC Health Care Agency's
Public Health Services |
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Vice
Chair Steel presented a proclamation commending Boeing for its contributions
to our County and the U.S. aerospace industry on its 100th Anniversary
July 15, 2016, and wishing the company success in the next 100 years and
beyond |
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The Board of Supervisors presented a
resolution in memory of Marian C. Bergeson |
II. CONSENT CALENDAR (Items 1-10)
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34125 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 2 AND 3 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Chairwoman Bartlett - Coastal
Greenbelt Authority - Appoint Tom Wilson, Laguna Hills, for term
concurrent with 5th District Supervisor's term of office |
DEPARTMENT APPOINTMENTS
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2. |
Social Services Agency - Orange
County Child Care and Development Planning Council - Appoint Scarlett
vonThenen, Irvine; Merrilisa Sciabica, Irvine; Donna McInteer, Orange and
Karen Littlefield, Orange, for terms ending 8/5/18; appoint Susan McClintic,
Irvine, for term ending 8/5/17; and reappoint Fredrika Gragg, Trabuco Canyon;
Darcie Kass, Laguna Hills; Krista Murphy, Costa Mesa; Anne Broussard, Costa
Mesa; Contance White, Glendora; Katherine Bono, La Mirada, for terms ending
8/5/18 - All Districts |
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43125 |
APPROVED AS AMENDED TO NOT REAPPOINT
CONSTANCE MARINE WHITE TO THE CATEGORY 'COMMUNITY REPRESENTATIVE' AND
KATHERINE BONO TO THE CATEGORY 'DISCRETIONARY"; DIRECTED STAFF TO RETURN
TO THE BOARD WITH NOMINEES WHO LIVE IN ORANGE COUNTY AND TO PROVIDE COMPELLING REASON FOR THE BOARD TO
APPOINT A NOMINEE IF THEY DO NOT LIVE IN ORANGE COUNTY |
ELECTED DEPARTMENT HEADS
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Auditor-Controller: |
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3. |
Receive
and file Monthly Internal Audit Activity Status Report and Risk Assessment
for April and May 2016; and approve Internal Audit Division's Audit Plan
and Risk Assessment for FY 2016-17 -
All Districts |
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34125 |
APPROVED
AS RECOMMENDED |
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4. |
Approve
Auditor-Controller Internal Audit Division Charter - All Districts |
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5. |
Sheriff-Coroner - Adopt
resolution approving 2015 Update of County of Orange and Orange County
Fire Authority Hazard Mitigation Plan - All Districts |
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RESO: 16-066 |
OC COMMUNITY RESOURCES
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6. |
Adopt
resolution approving Memorandum of Understanding with Court Appointed Special
Advocates Orange County in accordance with Government Code Section 26227
and to conduct its programs including advocate/youth outings, events and
education enrichment opportunities, subject to approval of OC Parks Director
or designee, at OC Parks facilities at no charge, effective upon Board
approval; and make California Environmental Quality Act and other findings -
All Districts |
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RESO: 16-067 |
OC PUBLIC WORKS
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7. |
Approve
Final Tract Map 17584, Ryland Homes of California, Inc.; accept dedication of
easements for emergency access, public utility, public service vehicle
ingress and egress and pedestrian access purposes; approve subdivision improvement
agreement S1605-202 and accept bonds guaranteeing construction, 7/12/16 -
7/11/18 - District 5 |
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8. |
Approve
Final Tract Map 17586, Warmington MR18 Associates, LLC; accept dedication of
easements for emergency vehicle access, public utility, public service
vehicle ingress and egress,and vehicular access purposes; approve subdivision
improvement agreement S1602-193 and accept bonds guaranteeing construction,
7/12/16 - 7/11/18 - District 5 |
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9. |
Approve
cooperative agreement with California Department of Transportation for Laguna
Canyon Road Segment 4 Project, Phases 2 to 4; direct Auditor-Controller
to make related payments; authorize Director or designee to execute future
amendments to cooperative agreement under certain conditions; and make
California Environmental Quality Act findings - District 5 |
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10. |
Ratify
State Reimbursement agreement 16-0025 with California Department of Food and
Agriculture for high-risk plant shipments and early detection of exotic
plant pests, 7/1/16 - 6/30/17 ($125,463); authorize Director or designee to
execute agreement; and make California Environmental Quality Act findings -
All Districts |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 11-S29B)
ELECTED DEPARTMENT HEADS
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11. |
District Attorney - Approve
agreement MA-026-16012161 with Southern California Private Investigators,
Inc. for real estate fraud document analyst services, 8/1/16 - 7/31/17
($125,000); renewable for four additional one-year periods; and authorize
Purchasing Agent or authorized Deputy to execute agreement - All Districts |
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34125 |
APPROVED AS RECOMMENDED |
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Sheriff-Coroner: |
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12. |
Approve
amendment 4 to agreement MA-060-12012050 with Association of Public Safety
Communications Officials International Inc., dba APCO International Inc. for
radio frequency coordination services, 7/24/16 - 7/23/17 ($30,000; cumulative
total $120,000); and authorize Purchasing Agent or authorized Deputy to
execute amendment - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
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13. |
Approve
agreement CT 060-16011264 with Intermedix dba ESi Acquisition Inc. for WebEOC
server upgrade, one year term ($174,160); and authorize Purchasing Agent or
authorized Deputy to execute agreement - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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14. |
Approve
selection of and agreement with Orange County Department of Education for
School-Based Stress Management Education services, 8/1/16 - 6/30/19
($465,000); authorize Director or designee to exercise cost contingency
increase of agreement not to exceed 10% under certain conditions and to
execute agreement - All Districts |
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54123 |
APPROVE AS RECOMMENDED; DIRECTED STAFF TO
PROVIDE GOALS, OBJECTIVES AND METRICS WHICH IDENTIFY THE ACHIEVEMENTS OF THE
PROGRAM BEFORE PROGRAM YEARS 2 AND 3 OF THE AGREEMENT |
OC COMMUNITY RESOURCES
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15. |
Approve
and ratify amendment 1 to agreement C-1-2583 with Orange County
Transportation Authority for senior transportation services, 7/1/16 -
6/30/21, (1% of net Measure M2 revenues); approve model agreement for senior
non-emergency medical transportation services funded by Measure M2; approve
agreements with Abrazar, Inc. in Service Area 1, North County ($773,683), Age
Well Senior Services, Inc. in Service Area 2, South County ($809,161),
Abrazar, Inc. in Service Area 3, Central/West County ($1,045,156) funded by
Measure M2, term ending 6/30/17; and authorize Director or designee to
execute amendment, agreements and exercise a contingency cost increase or
decrease not to exceed 10% of individual agreement under certain conditions -
All Districts |
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42135 |
APPROVED AS RECOMMENDED |
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16. |
Acting as the Board of Supervisors and
Orange County Housing Authority - Authorize
reimbursement of $270,131 from non-federal funds to Housing Authority's
Housing Choice Voucher funds to address findings in U.S. Department of
Housing and Urban Development, Office of Inspector General audits
#2016-LA-1003 and #2016-LA-1005; and authorize Auditor-Controller to process
a wire transfer from General Fund (100-012) to Orange County Housing
Authority Fund (15F-012), at Union Bank - All Districts (4/5 vote of the
members present) |
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45123 |
CONTINUED TO 7/26/16, 9:30 A.M. |
OC PUBLIC WORKS
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17. |
Approve
agreements MA-080-16012117 with Hunsaker & Associates Irvine, Inc.,
MA-080-16012118 with CivilSource, Inc., MA-080-16012119 with Towill,
Inc., MA-080-16012120 with KPFF, Inc. dba KPFF Consulting Engineers,
MA-080-16012122 with TAIT & Associates, Inc. and MA-080-16012123 with
Proactive Engineering Consultants, Inc. for on-call civil engineering
services, 7/12/16 - 7/11/21 ($1,500,000 each); and authorize Director or
designee to execute agreements - All Districts |
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43125 |
APPROVED AS RECOMMENDED |
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18. |
Approve
agreements MA-080-16012194 with PlaceWorks, Inc., MA-080-16012195 with M.
Arthur Gensler Jr & Associates, Inc., MA-080-16012196 with EPT
Design, Inc., MA-080-1601297 with KTGY Group, Inc. and MA-080-1601298 with
Environmental Planning Development Solutions, Inc. dba EPD Solutions, Inc.
for on-call land use planning services, 7/12/16 - 7/11/21 ($1,500,000 each);
and authorize Director or designee to execute agreement - All Districts |
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42135 |
APPROVED AS RECOMMENDED |
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19. |
Approve
agreements MA-080-16012199 with Bender Rosenthal, Inc., MA-080-16012200 with
R. P. Laurain & Associates, Inc. and MA-080-16012201 with Epic Land
Solutions, Inc. for on-call right-of-way appraisal services, 7/12/16 -
7/11/21 ($1,500,000 each); and authorize Director or designee to execute
agreements - All Districts |
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45123 |
APPROVED AS RECOMMENDED WITH SUPERVISOR
SPITZER VOTING NO ON RECOMMENDED ACTION 1 A.(CONTRACT WITH BENDER ROSENTHAL,
INC. FOR ON-CALL RIGHT-OF-WAY APPRAISAL SERVICES IN SUPPORT OF COUNTYWIDE
PROJECTS) |
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20. |
Ratify
State Reimbursement agreement 16-0329-SF with California Department of Food
and Agriculture for inspection services for Pierce's Disease Program,
7/1/16 - 3/30/18 ($995,336); and authorize Director or designee to execute
agreement - All Districts |
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42135 |
APPROVED AS RECOMMENDED |
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21. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Approve
agreement D15-013 with City of Santa Ana, City of Newport Beach, City of
Costa Mesa, Orange County Water District and Irvine Ranch Water District for
the Santa Ana-Delhi Channel Diversion Project; adopt resolution granting fee
waivers for permits issued for project construction; authorize
Auditor-Controller to make related payments; authorize OC Public Works
Director and John Wayne Airport Director or designees to execute related
documents; and consider application of Final Mitigated Negative Declaration
SCH No. 2016011069 and other findings - Districts 1 and 2 |
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25134 |
APPROVED AS RECOMMENDED |
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RESO: 16-068 |
GENERAL ADMINISTRATION
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22. |
County Counsel - Consider
second readings and adoption of "An Ordinance of the County of Orange,
California, Amending Sections 1-1-81 and 1-1-84 of Division 1, Title 1 of the
Codified Ordinances of the County of Orange to Provide for the Campaign
Finance and Ethics Commission's Enforcement of the Lobbyist Registration and
Reporting Ordinance", "An Ordinance of the County of Orange,
California, Amending Section 1-3-22 and 1-3-24 of Division 3, Title 1 of the
Codified Ordinances of the County of Orange to Provide for the Campaign
Finance and Ethics Commission's Enforcement of the County Gift Ban
Ordinance" and "An Ordinance of the County of Orange, California,
Amending Section 1-2-101 of Division 2, Title 1 of the Codified Ordinances of
the County of Orange to Make Conforming Changes to the Campaign Finance and
Ethics Commission Ordinance" - All Districts (Continued from 6/28/16,
Item 96) |
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34125 |
APPROVED AS RECOMMENDED |
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ORD: 16-006 - 16-008 |
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County
Executive Office: |
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23. |
Approve
option agreement with Ramser Development Company dba RV Storage Depot for option to lease County owned property
located at the former Gothard Street Landfill, Huntington Beach; authorize
Chief Real Estate Officer or designee to execute option agreement and all
related documents; and make California Environmental Quality Act and other
findings - District 2 (Continued from 5/10/16, Item 59; 5/24/16, Item 93;
6/28/16, Item 97) |
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B.O. |
CONTINUED
TO 7/26/16, 9:30 A.M. |
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24. |
Approve
proposed response to FY 2015-16 Grand Jury Report "To Be
Continued...Follow-Up for Open Formal Grand Jury Report Responses."
- All Districts |
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24135 |
APPROVED
AS RECOMMENDED |
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25. |
Approve
proposed response to FY 2015-16 Grand Jury Report "Fostering a Better
Foster Care System." - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
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26. |
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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27. |
Approve
grant applications/awards submitted by Sheriff-Coroner in 7/12/16 grant
report and other actions as recommended; adopt resolution authorizing
Sheriff-Coroner or designee to execute and submit to California Office of
Emergency Services the FY 2016 Emergency Management Performance Grant
Application ($777,980) - All Districts |
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42135 |
APPROVED
AS RECOMMENDED |
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RESO: 16-069 |
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28. |
Human Resource Services - Approve
and adopt Side Letter agreement with Orange County Attorneys Association
for terms and conditions of employment - All Districts |
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42135 |
APPROVED AS RECOMMENDED |
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29. |
Registrar of Voters - Approve
agreement MA-031-16012281 with Pitney Bowes, Inc. for hardware
maintenance, software licensing and maintenance, 8/12/16 - 8/11/17
($142,914.56); and authorize Purchasing Agent or authorized Deputy to execute
agreement, make future non-monetary and non-material changes and to exercise
cost contingency increase not to exceed 10% under certain conditions - All
Districts |
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42135 |
APPROVED AS RECOMMENDED |
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S29A. |
Supervisor Nelson - Direct
Registrar of Voters to place "An Ordinance of the County of Orange,
California Repealing Section 1-2-9 of the Codified Ordinances of the County
of Orange and Adding Article I, Section 104 to the Charter of Orange County
Imposing a Lifetime Limit on the Number of Terms for Members of the Orange
County Board of Supervisors" on the ballot for Statewide General
Election on November 8, 2016; direct County Counsel to prepare ballot
language and impartial analysis of ordinance; and request Auditor-Controller
to review measure and prepare a fiscal impact statement |
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B.O. |
CONTINUED TO 7/26/16, 9:30 A.M. |
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S29B. |
County Executive Office - Approve
employment agreement with Sharon Petrosino as Public Defender ($337,050
total compensation), effective 7/12/16 - All Districts |
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42135 |
THE BOARD APPROVED THE AGREEMENT WITH
SHARON PETROSINO FOR EMPLOYMENT AS THE ORANGE COUNTY PUBLIC DEFENDER AT A
BASE ANNUAL SALARY AMOUNT OF $261,361.60 (HOURLY RATE OF $104.02 x 2080
HOURS), WITH TOTAL COMPENSATION (INCLUDING BENEFITS) AT $337,050.00 ANNUALLY |
IV. PUBLIC HEARINGS (Items 30-31)
OC PUBLIC WORKS
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30. |
Public
Hearing to consider adopting resolution approving fee report 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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42135 |
APPROVED AS RECOMMENDED |
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RESO: 16-070 |
GENERAL ADMINISTRATION
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31. |
Registrar of Voters - Public
Hearing to consider adopting resolution approving fee schedule for
services performed by Registrar of Voters;
rescinding Resolution 01-433; and make California Environmental
Quality Act and other findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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32145 |
APPROVED AS AMENDED TO KEEP STREET INDEXES
AT CURRENT FEE OF $.50 |
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RESO: 16-071 |
V. CLOSED SESSION (Items CS-1-SCS6)
GENERAL ADMINISTRATION
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County Counsel: |
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CS-1. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-3. |
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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County Counsel: |
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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
UNANIMOUS VOTE, WITH SUPERVISOR DO BEING ABSENT, APPROVED SETTLEMENT IN THE
CASE OF LORENA MARTINEZ V. CARLOS BUSTAMANTE AND COUNTY OF ORANGE. THE SETTLEMENT AGREEMENT MAY BE OBTAINED
FROM THE CLERK OF THE BOARD UPON REQUEST |
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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. |
HELD,
COUNTY COUNSEL READ: THE BOARD BY A
UNANIMOUS VOTE, WITH SUPERVISOR DO BEING ABSENT, APPROVED SETTLEMENT IN THE
CASE OF JACKELYNE MORA V. CARLOS BUSTAMANTE AND COUNTY OF ORANGE. THE SETTLEMENT AGREEMENT MAY BE OBTAINED
FROM THE CLERK OF THE BOARD UPON REQUEST |
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SCS6. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.6(d)(1): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Robert Lauten - Oral Re: Availability of public toilets for the
homeless in the Civic Center |
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Ilya
Tseglin - Oral Re: Nate Tseglin,
Orange County Regional Center |
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Robert Tseglin - Oral Re: Nate Tseglin kidnaped from his home, Irvine
Police Department invasion of home, illegal confinement |
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Jon Fleischman - Oral Re: President of California Term Limits,
objects to imposing a lifetime limit on the number of terms for members of
the Board of Supervisors without public engagement |
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Darrell Nolta - Oral Re: Item S29A, Carlos Bustamante harassment
lawsuits, jails, homeless, District Attorney |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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Supervisor Spitzer - Oral Re: Memorial on July 22, 2016 marking the 40th
anniversary of the mass shootings at Cal State Fullerton |
ADJOURNED:
3:39 P.M.
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52134 |
Adjourned in memory of Marian C. Bergeson |
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51234 |
Adjourned in memory of Charles Rex Brady |
***
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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Chairwoman, Orange County Board of Supervisors |
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Orange County Clerk of the Board |