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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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JOHN M. W. MOORLACH CHAIRMAN Second District |
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SHAWN NELSON VICE CHAIRMAN Fourth District |
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JANET NGUYEN SUPERVISOR First District |
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BILL CAMPBELL SUPERVISOR Third District |
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PATRICIA BATES SUPERVISOR Fifth District |
ATTENDANCE: Supervisors: Bates, Campbell, Moorlach & Nelson
EXCUSED: Supervisor
Nguyen
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PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Thomas G. Mauk |
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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 Nelson, Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Campbell, Third District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Chairman Moorlach will be presenting a
resolution to Thomas V. McKernan, Chief Executive Officer, Automobile Club of
Southern California on his retirement |
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DELETED |
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Chairman Moorlach recognized graduates of
Orange County Leadership Academy XVII |
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Chairman Moorlach presented a resolution
proclaiming July 15-21, 2012 as "Probation Services Week" |
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OCFEC Chair Joyce Tucker presented a
ceremonial basket of Fair to Remember Packets to the Board of Supervisors
& Social Services Agency to commemorate the 15,000 participants that will
benefit from the 2012 partnership between the Fair and County |
II. CONSENT CALENDAR (Items 1-14)
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34152 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 14 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Campbell: |
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1. |
Orange
County Historical Commission - Appoint Marilyn Thoms, North Tustin, for
term concurrent with 3rd District Supervisor's term of office |
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2. |
North
Tustin Advisory Committee - Reappoint Manuel T. Padilla and John Secor,
for terms ending 3/31/13; Merlin Henry, Jr., Gail J. Michelsen and Peter
Schneider, for terms ending 3/31/14; and Sara Gerrick and Lance Jensen, for
terms ending 3/31/15, all from North Tustin |
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Chairman
Moorlach: |
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3. |
Orange
County Veterans Advisory Council - Appoint Donald J. Dillon, Newport
Beach, to complete term ending 6/20/14 |
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4. |
Audit
Oversight Committee - Reappoint David M. Carlson, Irvine, to complete
term ending 12/31/14 |
ELECTED DEPARTMENT HEADS
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District
Attorney: |
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5. |
Accept
cash donation from Angels Outfielder Torii Hunter for Orange County Gang
Reduction and Intervention Partnership (OC GRIP) ($50,000) - All Districts |
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6. |
Approve
agreement DA-12-018 with Santa Ana Arts IV, Inc. for storage space at 811
N. Broadway, Santa Ana; and make California Environmental Quality Act
findings - District 1 |
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7. |
Sheriff-Coroner - Approve
amendment 4 to agreement MA-060-12010462 with Susan Saxe-Clifford, Ph.D.
for psychological evaluation services, term ending 12/30/12 ($350,000; new
total $580,000); and authorize Purchasing Agent or authorized Deputy to
execute amendment - All Districts |
OC DANA POINT HARBOR
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8. |
Approve
Public Interest/Public Access agreement with California Ocean Institute and
Coastal Conservancy for access to Maddie James Seaside Learning Center; and
make California Environmental Quality Act findings - District 5 |
OC PUBLIC WORKS
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9. |
Adopt
resolutions approving Traffic Committee Reports dated 4/19/12; and report
recommendations; and make California Environmental Quality Act findings -
District 3 |
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RESO: 12-082 -
12-083 |
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10. |
Approve
plans and specifications and set bid opening for 8/22/12, 2:00 p.m., for
replacement of Fire Suppression & Leak Detection Systems project, Orange
County Data Center; and make California Environmental Quality Act findings -
District 1 |
PUBLIC PROTECTION
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11. |
Probation - Approve
agreement with City of Orange for gang reduction, intervention and
prevention services and truancy and curfew sweep services; ($14,104
reimbursement); authorize Chief Probation Officer to execute agreement; and
make California Environmental Quality Act findings - District 3 |
GENERAL ADMINISTRATION
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12. |
Clerk of the Board - Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for the Placentia Library District - All Districts |
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13. |
County Counsel - Select
law firm of Kutak Rock, LLP for legal services related to base closure
and reuse; authorize County Counsel to execute agreement and a conflict of
interest waiver allowing the firm to represent the City of Tustin - All
Districts |
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14. |
Chairman Moorlach - Receive
and file Annual Report from Orange County Juvenile Justice Commission |
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34152 |
RECEIVED AND FILED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 15-31)
HEALTH CARE AGENCY
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15. |
Adopt
resolution approving standard agreement 12-007-250 with State Water Resources
Control Board for County oversight of Leaking Underground Storage Tank
Cleanup, 7/1/12- 6/30/13 ($1,072,470); authorize Director or designee to
execute any subsequent amendments under certain conditions - All Districts |
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43152 |
APPROVED AS RECOMMENDED |
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RESO: 12-084 |
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16. |
Approve
cooperative agreement with City of Santa Ana for HIV housing and supportive
services, 7/1/12 - 6/30/13 ($902,159) - All Districts |
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34152 |
APPROVED AS RECOMMENDED |
OC DANA POINT HARBOR
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17. |
Approve
agreements DP12-001 with Moffatt & Nichol for on-call Coastal Engineering
services; DP12-002 with Chambers Group, Inc. for on-call Environmental
Engineering services; DP12-003 with Moffatt & Nichol for on-call General
Engineering services; DP12-004 with Geosyntec Consultants for on-call
Geotechnical Engineering services; DP12-005 with Bryant Palmer Soto, Inc. for
on-call Architectural services, 7/17/12 - 7/16/15 ($300,000 each); and make
California Environmental Quality Act findings - District 5 |
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54132 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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18. |
Consider
second reading and adoption of "An Ordinance of the County of Orange,
California Amending Section 4-1-95 of the Codified Ordinances of the County
of Orange to Authorize the Director of OC Animal Care to Impose Dog Ownership
Restrictions on the Owners or Custodians of Dogs Declared to be Vicious"
- All Districts (Continued from 6/19/12, Item 64; 6/26/12, Item 60) |
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34152 |
APPROVED AS RECOMMENDED |
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ORD: 12-003 |
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19. |
Approve
continued use of State Eligible Training Provider List for Workforce
Investment Act training provider selection; and authorize Director or
designee to execute individual agreements varying terms within 7/1/12 -
6/30/14 ($5,000,000; $6,500 per person) - All Districts (Continued from
6/19/12, Item 65; 6/26/12, Item 63) |
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45132 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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20. |
Approve
agreement 12-0123-SF with State Department of Food and Agriculture for
reimbursement of costs related to inspection services for Pierce's Disease
Program, 7/1/12 - 6/30/14 ($955,336); authorize Director or designee to
execute agreement; and make California Environmental Quality Act findings -
All Districts |
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54132 |
APPROVED AS RECOMMENDED |
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21. |
Approve
FY 2012-13 OC Civic Center Parking/Maintenance Fund 828 Budget
($6,530,385); authorize Auditor-Controller to make related payments and
advance funds from Parking Facilities Fund 137 not to exceed $577,693; and
make California Environmental Quality Act findings - District 1 |
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34152 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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22. |
Select
Environ Strategy Consultants, Inc. as primary and Shaw Environmental, Inc. as
alternate firms for operation and maintenance services of groundwater control
and monitoring and water supply systems, North Region Landfills; authorize
negotiation of agreement for Board approval; and make California
Environmental Quality Act findings - Districts 3 & 4 |
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43152 |
APPROVED AS RECOMMENDED |
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23. |
Select
Simplus Management as primary and Tetra Tech BAS as alternate firms for
construction management, quality assurance/quality control and
archaeological/paleontological services, Central Region Landfills; authorize
negotiation of agreement for Board approval; and make California
Environmental Quality Act findings - District 3 |
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34152 |
APPROVED AS RECOMMENDED |
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24. |
Select
LSA Associates, Inc. as primary and ECORP Consulting, Inc. as alternate firms
for biological and archaeological/paleontological services, South Region
Landfills; authorize negotiation of agreement for Board approval; and make
California Environmental Quality Act findings - Districts 2, 3 & 5 |
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35142 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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25. |
Public Defender - Approve
lease agreement with CGJP-1, LLC for office space at 14120 Beach Blvd.,
Westminster; and make California Environmental Quality Act findings -
District 1 |
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43152 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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26. |
Adopt
resolution authorizing execution and delivery of Fifth Supplemental Trust
Indenture for Irvine Coast Assessment District No. 88-1 Limited Obligation
Improvement Bonds and related actions - District 2 |
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24135 |
APPROVED
AS RECOMMENDED |
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RESO: 12-085 |
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27. |
Approve
revised 2007 Contract Policy Manual; and authorize County Purchasing
Agent to execute 2012 manual incorporating all revised policies - All
Districts (Continued from 6/26/12, Item 72) |
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B.O. |
CONTINUED
TO 7/24/12, 9:30 A.M. |
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28. |
Approve
recommended positions on introduced or amended legislation and consider
other legislative subject matters - All Districts |
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35142 |
APPROVED
AS RECOMMENDED |
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29. |
Approve
Memorandums of Understanding with Superior Court of California for
provision of services between the County and the Courts, 7/1/12 - 6/30/13;
authorize CEO or designee to execute MOUs; and authorize Purchasing Agent or
authorized Deputy to adjust annual contract amount for mid-year budget
adjustments without further Board approval - All Districts |
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34152 |
APPROVED
AS RECOMMENDED |
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30. |
Approve
grant applications/awards submitted by Health Care Agency, John Wayne Airport
and OC Public Works in 7/17/12 grant report and other actions as recommended;
adopt resolution authorizing Health Care Agency Director or designee to
submit to State Department of Resources Recycling and Recovery (CalRecycle) a
regional application and execute application, related documents and
amendments for Used Oil Payment Program - All Districts |
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53142 |
APPROVED
AS RECOMMENDED |
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RESO: 12-086 |
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31. |
Office of the Performance Audit Director - Receive
and file follow-up Audit of OC Planning and Development Services report -
All Districts |
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B.O. |
RECEIVED AND FILED |
IV. PUBLIC HEARINGS (Items 32-35)
ELECTED DEPARTMENT HEADS
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32. |
Sheriff-Coroner - Public
Hearing to consider adopting resolution approving penalty of $50 to be
charged upon order of the Court based
upon a person's ability to pay, to persons convicted of driving under the
influence of alcohol or drugs (Vehicle Code Sections 23152 or 23153),
effective 9/1/12; rescinding Resolution 91-1123; and making California
Environmental Quality Act and other findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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43152 |
APPROVED AS RECOMMENDED |
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RESO: 12-087 |
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33. |
Treasurer-Tax Collector - Public
Hearing to consider adopting resolution approving use of credit and debit
cards as permitted under State Statute and reduction of convenience fees for
Internet transactions for tax payments paid by credit and debit card;
approving agreement MA074-12012200 with Official Payments Corp. for
processing payments; authorizing the Treasurer-Tax Collector to execute
agreement; and make California Environmental Quality Act findings - All
Districts |
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B.O. |
CONTINUED TO 7/24/12, 9:30 A.M. |
HEALTH CARE AGENCY
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34. |
Public
Hearing to consider adopting resolution approving recommended methodology for
calculation and application of future annual adjustments for 911
emergency Basic Life Support maximum ambulance rates, effective July 1st of
each year; and updating maximum Basic Life Support Ambulance and Orange
County Fire Authority's advanced life support paramedic assessment and
transportation rates; rescinding Resolution 08-075, effective 7/1/12 - All
Districts (Continued from 6/26/12, Item 75) |
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B.O. |
CONTINUED TO 7/24/12, 9:30 A.M. |
GENERAL ADMINISTRATION
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35. |
County Executive Office - Public
Hearing to consider adopting resolution approving issuance of Multifamily
Housing Revenue Bonds and Refunding Bonds for San Clemente Senior Apartments
Project in an aggregate principal amount not to exceed $17,600,000 for
construction of Senior Apartments in City of San Clemente; and authorizing
County Officers to execute and deliver any and all required documents -
District 5 |
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B.O. |
CLOSED PUBLIC HEARING |
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52134 |
APPROVED AS RECOMMENDED |
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RESO: 12-088 |
V. CLOSED SESSION (Items CS-1-SCS5)
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(a): |
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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(a): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A UNANIMOUS
VOTE, SUPERVISOR NGUYEN BEING ABSENT, DIRECTED AND AUTHORIZED COUNTY COUNSEL
TO PURSUE CROSS-CLAIMS IN THE MATTER OF MORRISON PUMP COMPANY V. SSC
CONSTRUCTION, INC. |
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CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(a):Name of Case:
Foothill Communities Coalition v. County of Orange, Orange County
Superior Court Case No. 30-2011-00467132 |
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B.O. |
DELETED |
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CS-4. |
County Executive Office - Acting
as the Board of Supervisors and Orange County Flood Control District -
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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SCS5. |
County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Pursuant to Government Code Section 54956.9(a): |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD & EMAIL COMMENTS
& ADJOURNMENT
PUBLIC COMMENTS:
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Donald Ritze - Oral Re: Condition of roads in Silverado Canyon
area |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Campbell - Oral Re: AB 1234 trip report to Pittsburgh, PA for
National Association of County Parks & Recreation (NACPRO) and National
Association of Counties (NACo) conferences; Directed SSA to report at 7/24/12
Board meeting on impact of Obama's changes to welfare work requirement; On
Item 28 - AB 1234 trip report for his 6/26/12 trip to Sacramento to meet with
Senator Kehoe on proposed amendments to SB 1094 and with other Legislators on
bills of interest to Orange County |
ADJOURNED:
12:48 P.M.
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52134 |
Adjourned in memory of Paul Kochendorfer |
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52134 |
Adjourned in memory of Beverly Ann Nelson |
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32145 |
Adjourned in memory of Robert Gerrara |
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32145 |
Adjourned in memory of Steve Covey |
***
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 Campbell |
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 |