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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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Frank Kim |
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COUNTY COUNSEL |
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Leon Page |
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INTERIM CLERK OF
THE BOARD |
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Robin Stieler |
INVOCATION:
Supervisor Nelson, Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE: Vice Chair Bartlett, Fifth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Chairman Spitzer presented a resolution proclaiming
July 12-18, 2015 as "Probation Services Week" |
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Chairman Spitzer presented a resolution
proclaiming July 17, 2015 as "Disneyland Day" |
II. CONSENT CALENDAR (Items 1-19)
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14253 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 2 WHICH WAS DELETED; AND ITEM 8 WHICH WAS PULLED FOR DISCUSSION AND
SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Steel: |
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1. |
Emergency
Medical Care Committee - Appoint Jinha M. Park, MD., PHD, Buena Park, for
term ending 6/30/17 |
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2. |
Rescind
appointment of Jack Wu to Assessment Appeals Board No. 4; and make findings |
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14253 |
DELETED |
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Vice Chair
Bartlett: |
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3. |
Public
Finance Advisory Committee - Reappoint Thomas Hammond, Laguna Niguel, to
complete term ending 8/11/15 and reappoint for term ending 8/11/18 |
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4. |
Community
Action Partnership of Orange County - Appoint Rhonda Reardon, Mission Viejo,
for term concurrent with 5th District Supervisor's term of office |
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5. |
Development
Processing Review Committee - Reappoint Jeffery Okamoto, Rancho Santa
Margarita, for term concurrent with 5th District Supervisor's term of office |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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6. |
Approve
agreement MA-060-14011934 with Waters Technology Corporation for service,
preventative maintenance and purchase of consumables for Orange County Crime
Lab's liquid chromatograph mass spectrometer instruments, effective upon
Board approval for a one-year period ($195,000); and authorize Purchasing
Agent or authorized Deputy to execute agreement - All Districts |
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7. |
Approve
plans and specifications and set bid opening for 8/12/15, 2:00 p.m. for
replacement of vehicle gates and gate operators, Intake Release Center
and Central Men's Jail; and make California Environmental Quality Act and
other findings - District 1 |
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8. |
Authorize
Sheriff-Coroner and Health Care Agency to negotiate agreement with Southern
California Edison to provide financial support for emergency preparedness and
response activities, equipment and services, San Onofre Nuclear Generating
Station (SONGS); and authorize negotiation of transfer agreements with County
of San Diego, Cities of Dana Point, San Clemente and San Juan Capistrano,
Orange County Fire Authority and Capistrano Unified School District; and
return to the Board for approval - All Districts |
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53124 |
APPROVED
AS RECOMMENDED |
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9. |
Treasurer-Tax Collector - Approve
master agreement MA-074-597148 with Dunbar Armored, Inc. for armored car
services, 8/1/15 - 7/31/18 ($680,000); renewable for one additional two-year
term; and authorize Purchasing Agent or authorized Deputy to execute
agreement - All Districts |
OC PUBLIC WORKS
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10. |
Approve
Final Tract Map 17576, Warmington MR14 Associates, LLC; accept dedication of
easements for emergency vehicle access; accept vehicular access rights;
approve subdivision improvement agreement S-1502-187 and accept bonds
guaranteeing construction; and consider application of prior Final
Environmental Impact Report No. 589 Addenda 1.0, 1.1, and Planning Area 2 and
other findings - District 5 |
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11. |
Approve
Final Tract Map 17566, Meritage Homes of California, Inc.; accept dedication
of easements for storm drain purposes; accept dedication for public
street and utility purposes; approve subdivision improvement agreement
S-1502-177 and accept bonds guaranteeing construction; and consider
application of prior Final Environmental Impact Report No. 589 Addenda 1.0,
1.1, and Planning Area 2 and other findings - District 5 |
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12. |
Adopt
resolution vacating Modjeska Mineral Springs Public Use easement; and make
California Environmental Quality Act and other findings - District 3 |
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RESO: 15-070 |
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13. |
Adopt
unit price book and technical specifications and set bid opening for 8/5/15,
2:00 p.m., for Job Order Contract general contracting services; and make
California Environmental Quality Act and other findings - All Districts |
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14. |
Adopt
unit price book and technical specifications and set bid opening for 8/5/15,
2:00 p.m., for Job Order Contract painting services; and make California
Environmental Quality Act and other findings - All Districts |
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15. |
Approve
Final Tract Map 17571, LT-AQ1, LLC; accept dedication of easements for
emergency access, public utility and public service vehicle ingress and
egress purposes; approve subdivision improvement agreement S-1502-185 and
accept bonds guaranteeing construction; and consider application of prior
Final Environmental Impact Report No. 589 Addenda 1.0, 1.1, and Planning Area
2 and other findings - District 5 |
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16. |
Approve
Final Tract Map 17572, TRI Pointe Homes, Inc.; accept dedication of easements
for public street purposes; approve subdivision improvement agreement
S-1502-186 and accept bonds guaranteeing construction; and consider
application of prior Final Environmental Impact Report No. 589 Addenda 1.0,
1.1, and Planning Area 2 and other findings - District 5 |
OC WASTE & RECYCLING
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17. |
Approve
Change Order No. 9 to agreement MA-299-1410026 with Wood Bros., Inc. for East
Flank Landslide Remediation Project, Frank R. Bowerman Landfill; and
authorize Director or designee to execute change order - District 3 |
GENERAL ADMINISTRATION
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County
Executive Office: |
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18. |
Receive
and file charitable organizations actual income/expenses for 2014 and planned
activities for 2015 - All Districts |
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19. |
Approve
amendment 2 to agreement 13-003BC with Polsinelli LLP for bond disclosure
training and review of County bond disclosure policies and procedures,
effective upon execution; and authorize Public Finance Manager to execute
amendment - All Districts |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 20-37)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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20. |
Approve
five year inter-governmental service agreement with U.S. Immigration and
Customs Enforcement (ICE) for detention and care of ICE detainees in jail
system, 7/20/15 - 7/19/20; and authorize Assistant Sheriff Don Barnes, Senior
Director Brian Wayt, Health Care Agency Deputy Director Kimberly Pearson and
Chief Financial Officer Michelle Aguirre to execute agreement and authorize
Sheriff-Coroner or designee to make minor administrative revisions under
certain conditions - All Districts |
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43125 |
APPROVED
AS RECOMMENDED |
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21. |
Ratify
and approve retroactive agreement 15112445 with the State of California for
Peace Officer Standards and Training (POST) Supervisory Course, 7/1/15 - 6/30/16; accept
reimbursement for training cost ($41,580); and authorize Sheriff-Coroner or
designee to execute agreement - All Districts |
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15243 |
APPROVED
AS RECOMMENDED |
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22. |
Treasurer-Tax Collector - Approve
amendment 3 to renew Merchant Services Program Guide 1505
(MA-074-130101137) with Wells Fargo Merchant Services, L.L.C. and Wells Fargo
Bank, N.A. for electronic payment acceptance and processing services for
non-convenience credit and debit card transactions, 8/14/15 - 8/13/16
($1,520,000; cumulative total $4.6 million); approve amendment 4 to renew
master agreement MA-074-13010138 with Wells Fargo Bank, N.A. for internet
payment gateway services to accept and process payments via internet, 8/14/15
- 8/13/16 ($20,000; cumulative total $50,000); and authorize Purchasing Agent
or authorized Deputy to execute amendments - All Districts |
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51243 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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23. |
Approve
amendment 4 to Hangar Operation Lease and Fixed Base Operation Lease with
Signature Combs, Inc., 3-year lease extensions; and approve amendment 6
to Fixed Base Operation Lease with Newport FBO Two, LLC dba Atlantic
Aviation, 3-year lease extension - District 2 (4/5 vote of the members
present) (Continued from 6/23/15, Item 59) |
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23145 |
APPROVED AS AMENDED TO CHANGE CONTRACT TERM
TO 1 YEAR, TO AUTHORIZE DIRECTOR TO NEGOTIATE CONTRACT AND RETURN TO THE
BOARD ON AUGUST 25, 2015, 9:30 A.M. |
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24. |
Approve
agreement MA-280-15011556 with MGT of America, Inc. for Disadvantaged
Business Enterprise Disparity Study, 8/1/15 - 7/30/16 ($329,595);
authorize Purchasing Agent or authorized Deputy to execute agreement; and
make California Environmental Quality Act and other findings - District 2 |
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B.O. |
CONTINUED TO 8/25/15, 9:30 A.M. |
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25. |
Authorize
Director to amend allocation of regulated Class A average daily departures,
permanent Class E average daily departures, seat capacity, remain
overnight and passenger capacity to scheduled commercial passenger, cargo and
commuter carriers under Phase 2 Commercial Airline Access Plan and Regulation
for 2016 Plan Year; approve related actions; and consider application of
prior Environmental Impact Report No. 617 and other findings - District 2 |
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B.O. |
CONTINUED TO 7/21/15, 9:30 A.M. |
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26. |
Approve
amendment 6 to agreement MA-280-12010034 with Flagship Airport Services for
custodial maintenance services 10/1/15 - 9/30/16 ($91,078.20; new total
$4,614,691.75; cumulative total $21,668,696.24); and authorize Purchasing
Agent or authorized Deputy to execute amendment - District 2 |
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24153 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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27. |
Approve
agreement and transfer deed with South Orange County Wastewater Authority
(SOCWA) regarding Aliso Water Management Agency (AWMA) Bridge and AWMA
Road to transfer ownership of AWMA Bridge from South Orange County Wastewater
Authority to County and clarify responsibilities of SOCWA and County for
ongoing maintenance and emergency repair of AWMA Road and replacement of AWMA
Bridge ($1,000,000); and make California Environmental Quality Act and other
findings - District 5 (Continued from 3/3/15, Item S45A; 5/12/15, Item 27) |
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B.O. |
CONTINUED TO 8/25/15, 9:30 A.M. |
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28. |
Approve
amendment 4 to renew contract MA-012-12010099 with Merchants Landscape
Services, Inc. for landscape maintenance services at County Parks:
Irvine, Laguna Niguel, Mason, Mile Square and Yorba, 9/1/15 - 8/31/16
($1,642,869; cumulative total $8,214,345); and authorize Purchasing Agent or
authorized Deputy to execute amendment - Districts 1, 3 & 5 |
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15243 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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29. |
Approve
amendment 5 to agreement MA-080-12010056 with Tyco dba SimplexGrinnell LP for
fire alarm system maintenance repair services, 12/1/15 - 11/30/16
($211,911; cumulative total $1,059,555); and authorize Purchasing Agent or
authorized Deputy to execute amendment - Districts 1, 2, 3 and 5 |
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14253 |
APPROVED AS RECOMMENDED |
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30. |
Acting as the Orange County Flood Control
District - Receive
bids and award contract MA-080-15012058 to Tobo Construction, Inc. for
Glassell Yard Campus Stormwater Low-Impact Development Retrofit Project
($3,980,474) - District 3 |
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35124 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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31. |
Approve
agreement MA-299-15011967 with Tetra Tech BAS, Inc. and SWT Engineering, Inc.
for multi-discipline engineering support services, South Region
Landfills, 9/9/15 - 9/8/18 ($1,500,000); and make California Environmental
Quality Act and other findings - Districts 2, 3 & 5 |
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52143 |
APPROVED AS RECOMMENDED |
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32. |
Approve
agreement MA-299-15011969 with Simplus Management Corporation for
construction management, quality assurance/quality control and
archaeological/paleontological support services, Central Region Landfills,
7/14/15 - 7/13/18 ($6,000,000); and make California Environmental Quality Act
and other findings - District 3 |
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35124 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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33. |
County Counsel - Receive
and file update regarding Board of Supervisors’ March 3, 2015 directive to
provide recommendations to the Board regarding the review and approval of
conflict of interest codes and code amendments of local government agencies,
including the County - All Districts |
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B.O. |
CONTINUED TO 8/25/15, 9:30 A.M. |
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County
Executive Office: |
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34. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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53124 |
APPROVED
AS RECOMMENDED |
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35. |
Approve
grant applications/awards submitted by OC Public Works and Social Services
Agency in 7/14/15 grant report and other actions as recommended - All
Districts |
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15243 |
APPROVED
AS RECOMMENDED |
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36. |
Registrar of Voters - Approve
amendment 4 to agreement MA-031-11012699 with Pitney Bowes, Inc. for
hardware maintenance and software licensing and maintenance, 8/12/15 -
8/11/16 ($122,952; cumulative total $856,352); and authorize Purchasing Agent
or authorized Deputy to execute amendment, 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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51243 |
APPROVED AS RECOMMENDED |
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37. |
Vice Chair Bartlett - Adopt
amendments to County Policy on Employment of Relatives (Subpart D of
Section 1 of Article 1 of Part 1 of the 2003 County of Orange Personnel and
Salary Resolution) to extend existing restrictions on the employment of
relatives to members of Board of Supervisors and agency/department heads, and
to make related changes |
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B.O. |
CONTINUED TO 7/21/15, 9:30 A.M. |
IV. PUBLIC HEARINGS (Items 38-39)
OC PUBLIC WORKS
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38. |
Public
hearing to consider reading and adoption of "An Ordinance of the County
of Orange, California Adding Section 6-1-136 and 7-9-146.13 and Amending
Sections 7-9-20, 7-9-24, 7-9-44, 7-9-55.3, 7-9-55.4, 7-9-58.3, 7-9-58.4, 7-9-59.4, 7-9-65.3, 7-9-65.4, 7-9-66.3,7
-9-66.4, 7-9-67.3, 7-9-67.4, 7-9-68.3, 7-9-68.4, 7-9-74.3, 7-9-74.4,
7-9-75.3, 7-9-75.4, 7-9-76.3, 7-9-76.4, 7-9-77.3, 7-9-77.4, 7-9-78.3,
7-9-78.4, 7-9-79.3, 7-9-79.4, 7-9-80.3, 7-9-80.4, 7-9-84.2, 7-9-84.3,
7-9-85.2, 7-9-85.3, 7-9-87.2, 7-9-87.3, 7-9-88.2, 7-9-88.3, 7-9-89.2,
7-9-89.3, 7-9-90.2, 7-9-90.3, 7-9-95.2, 7-9-95.3, 7-9-98.3 and 7-9-98.4 of
the Codified Ordinances of the County of Orange Related to Performance and
Development Standards for Wireless Communications Facilities"; and
consider adoption of Negative Declaration No. IP 14-332 and other findings -
All Districts (Continued from 6/16/15, Item 40) |
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B.O. |
CONTINUED TO 7/21/15, 9:30 A.M. |
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39. |
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
voting members present) |
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B.O. |
CLOSED PUBLIC HEARING |
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41253 |
APPROVED AS RECOMMENDED |
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RESO: 15-071 |
V. CLOSED SESSION (Items CS-1-SCS7)
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 CHAIRMAN READ: THE BOARD BY A
UNANIMOUS VOTE, AUTHORIZED THE COUNTY TO JOIN IN THE APPEAL IN THE CASE OF
COUNTY OF SAN DIEGO, ET AL., V. COMMISSION ON STATE MANDATES, 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,,
NO REPORTABLE ACTION |
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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 CHAIRMAN READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF RONALD HECECKY
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-4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
HELD,
THE CHAIRMAN READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF GRETCHEN
ANDERSON 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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Human Resource
Services: |
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CS-5. |
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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CS-6. |
PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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SCS7. |
County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Pursuant to Government Code Section 54956.9(d)(1): |
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B.O. |
HELD, THE CHAIRMAN READ: THE BOARD BY A UNANIMOUS VOTE, APPROVED
RATIFICATION OF THE PROPOSED SETTLEMENT IN THE CASE OF BEADOR CONSTRUCTION
COMPANY, INC. V. COUNTY OF ORANGE; AND AUTHORIZED AND DIRECTED OC PUBLIC
WORKS AND THE COUNTY AUDITOR-CONTROLLER TO PAY $500,000.00 PAYABLE TO BEADOR
CONSTRUCTION, C/O MENKE AND MENKE CLIENT TRUST ACCOUNT. THE SETTLEMENT AGREEMENT AVAILABLE UPON
REQUEST AT THE CLERK OF THE BOARD. |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Michael
Klubnikin - Oral Re: Criminal complaint,
Courts, County Counsel, Internal Audit |
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Ilya Tseglin - Oral Re: Nate Tseglin, Court representation, Public
Defender, Public Guardian |
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Robert Tseglin - Oral Re: Nate Tseglin, Conservatorship, Courts,
Public Defender |
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Nick Bernardino - Oral Re: Invited everyone to the OC Fair and to
visit the Heroes Hall; thanked Supervisor Steel for hosting a fundraiser on
behalf of Heroes Hall; and asked the Board to make a donation of $25,000.00
to Foundation for Heroes Hall |
COUNTY EXECUTIVE OFFICER COMMENTS:
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Frank Kim - Oral Re: Acknowledged OC Public Works for their
response to the Santiago Fires |
BOARD COMMENTS:
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Supervisor Do - Oral Re: Need to establish policy regarding public
comments and lack of decorum during Board meetings |
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Chairman Spitzer - Oral Re: Asked County Counsel to distribute Rules of
Decorum manual and provide list of suggestions from ACLU regarding decorum
during meetings; and thanked everyone for the quick response to the Santiago
fires and for advances made in the County to handle fires |
ADJOURNED:
2:24 P.M.
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53124 |
Adjourned in memory of Gordon Hawkins |
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53124 |
Adjourned in memory of Bettye Lynn
Wooldridge |
***
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 |