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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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ANDREW DO CHAIRMAN First District |
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SHAWN NELSON VICE CHAIRMAN Fourth District |
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MICHELLE STEEL SUPERVISOR Second District |
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TODD SPITZER SUPERVISOR Third District |
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LISA A. BARTLETT SUPERVISOR Fifth 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 J. Page |
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CLERK OF THE BOARD |
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Robin Stieler |
INVOCATION:
Supervisor Steel, Second District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Spitzer, Third District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Chairman Do presented a resolution
recognizing Arts Orange County and renewing designation of Arts Orange County
as County's official local arts agency |
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Chairman Do presented a resolution
proclaiming July 15 - 21, 2018 as "Probation Services Week" |
II. CONSENT CALENDAR (Items 1-15)
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25341 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 1 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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1. |
Ratify
agreement 18112123 with State of California Commission on Peace Officer
Standards and Training (POST) to provide coroner training courses, 7/1/18
- 6/30/19 ($77,280); accept reimbursement for training costs; and authorize
Sheriff-Coroner or designee to execute agreement - All Districts |
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32451 |
APPROVED
AS RECOMMENDED |
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2. |
Ratify
agreement 18112308 with State of California for Peace Officer Standards and
Training (POST) to provide Driving Simulator and Force Option Simulator
courses, 7/1/18 - 6/30/19 ($165,000); accept reimbursement for courses; and
authorize Sheriff-Coroner or designee to execute agreement - All Districts |
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3. |
Approve
amendment 3 to contract CT-060-17010824 with Donald Krotee Partnership Inc.
for additional architect-engineering services for upgrades to closed
circuit television at Central Men's and Women's Jails and James A. Musick
Facility ($303,998; cumulative total $408,145); authorize County Procurement
Officer or authorized Deputy to execute amendment; and make California
Environmental Quality Act and other findings - Districts 1, 3 and 5 |
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4. |
Approve
lease agreement with State Department of Forestry and Fire Protection to
provide intermittent, call-when-needed helicopter services, one-year
term; and authorize Sheriff-Coroner or designee to execute lease related
documents and subsequent agreements under certain conditions - All Districts |
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5. |
Approve
amendment 1 to contract MA-060-17011070 with Hangar One Avionics Inc. for
unforeseen radio repairs ($65,000; new total $235,000); and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts |
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6. |
Approve
contract MA-060-18011372 with Nalco Company LLC for treatment of water
circulation loops and repair services for meters and chemical feeders at jail
facilities, three-year term effective upon Board approval ($145,800);
renewable for two additional one-year terms; and authorize County Procurement
Officer or authorized Deputy to execute contract - Districts 1, 3 and 5 |
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7. |
Accept
donation of 20 helmets from Sheriff's Advisory Council for Homeland Security
Division to assist with protection of Special Weapons and Tactics Team during
crisis situations - All Districts |
HEALTH CARE AGENCY
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8. |
Approve
media placement of Drowning Prevention Campaign ads on behalf of the Orange
County Drowning Prevention Task Force that feature Chairman Do - District
1 |
JOHN WAYNE AIRPORT
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9. |
Accept
donation of sculpture (valued at $24,000) from artist Betty Gold; and make
California Environmental Quality Act and other findings - District 2 |
OC COMMUNITY RESOURCES
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10. |
Acting as the Board of Supervisors and
Orange County Housing Authority - Approve
amendment 5 to contract MA-012-16010348 with Corporation for Supportive
Housing for technical assistance housing development programs and activities,
9/1/17 - 8/31/18 ($50,000; new total $150,000); and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts |
OC PUBLIC WORKS
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11. |
Adopt
resolution approving Development Processing Review Committee bylaws - All
Districts |
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RESO: 18-069 |
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12. |
Acting as the Orange County Flood Control
District - Approve
amendment 1 to Easement and Quitclaim Deed with Irvine Land Company LLC
for realigned access road to San Diego Creek; authorize Director or designee
to execute related documents; and consider application of prior Final
Environmental Impact Report 86-ER-0072 and other findings - District 5 |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
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13. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Buena Park Library District - Districts 2 and 4 |
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14. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Orange County Employees Retirement System - All Districts |
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15. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Orange County Public Works - All Districts |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 16-S35B)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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16. |
Ratify
contract MA-060-18011598 with L3 Mobile-Vision Inc. for purchase and
installation of L3 Mobile-Vision parts, 6/24/18 - 6/23/19 ($108,442); and
authorize County Procurement Officer or authorized Deputy to execute contract
- All Districts |
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52341 |
APPROVED
AS RECOMMENDED |
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17. |
Approve
amendment 1 to renew contract MA-060-16010085 with Rotorcraft Support Inc.
for helicopter airframe component exchange, repairs, overhauls, parts and
tools, 8/25/18 - 8/24/19 ($400,000; cumulative total $1,600,000); renewable
for one additional one-year term; and authorize County Procurement Officer or
authorized Deputy to execute amendment - All Districts |
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25341 |
APPROVED
AS RECOMMENDED |
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18. |
Approve
contract MA-060-18011592 with Axon Enterprise, Inc. for purchase and delivery
of taser equipment and related supplies, 7/26/18 - 7/25/20 ($2,000,000);
renewable for three additional one-year terms; and authorize County
Procurement Officer or authorized Deputy to execute contract - All Districts |
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52341 |
APPROVED
AS RECOMMENDED |
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19. |
Ratify
and accept grant award from California Department of Justice for 2018 Tobacco
Law Enforcement Grant Program, 7/1/18 - 6/30/20 ($999,895); authorize
Sheriff-Coroner or designee to execute MOU, amendments or related documents;
and authorize County Procurement Officer or authorized Deputy to purchase
related equipment and services - All Districts |
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45231 |
APPROVED
AS RECOMMENDED |
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20. |
Accept
one-time donation of one narcotics detection canine and one hazardous device
detection canine from Orange County Sheriff's Advisory Council ($33,500)
- All Districts |
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34251 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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21. |
Approve
Intergovernmental Agreement Regarding Transfer of Public Funds with
California Department of Health Care Services for transfer of funds to
the State ($2,203,341); approve Intergovernmental Transfer agreement with
Orange County Health Authority dba CalOptima for participation in
intergovernmental transfer to obtain federal reimbursement for uncompensated
care to patients during FY 2017-18; authorize Director or designee to execute
final agreements; and direct Auditor-Controller, upon notification from
Director or designee to issue payments as required - All Districts |
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45231 |
APPROVED AS RECOMMENDED |
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22. |
Approve
agreements for Nutrition Education and Obesity Prevention Program Projects
with America On Track for Buena Park City Project ($520,000), Santa Ana
City Project ($850,000), Community Action Partnership of Orange County for La
Habra City Project ($520,000), and Anaheim City Project ($850,000), 10/1/18 -
9/30/20; authorize County Procurement Officer or authorized Deputy/Director
or designee to exercise cost contingency increase not to exceed 10% under
certain conditions; and authorize Director or designee to execute agreements
- Districts 1 and 4 |
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12345 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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23. |
Consider
second reading and adoption of "An Ordinance of the County of Orange,
California Amending Section 2-5-29(n) of the Codified Ordinances of the
County of Orange, Regarding Prohibited Motorized Wheeled Conveyances" -
All Districts (Continued from 6/26/18, Item 69) |
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52341 |
APPROVED AS RECOMMENDED |
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ORD: 18-002 |
GENERAL ADMINISTRATION
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County
Executive Office: |
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24. |
Approve
proposed response to FY 2017-18 Grand Jury Report "Orange County Fire
Authority - Financial Flames on the Horizon." - All Districts |
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35241 |
APPROVED
AS RECOMMENDED |
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25. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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35241 |
RECEIVED
AND FILED LEGISLATIVE BULLETIN WITH SUPERVISOR STEEL OPPOSING SUPPORT OF AB
448 |
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26. |
Approve
grant applications/awards submitted by Health Care Agency and ratify grant
applications/awards submitted by Social Services Agency, Health Care Agency
and District Attorney in 7/17/18 grant report and other actions as
recommended; adopt resolution authorizing Social Services Agency Director or
designee to execute grant agreement and amendments with California Department
of Education for California State Preschool Program ($136,569); adopt
resolution authorizing District Attorney or designee to execute standard
agreement VC-8050 and amendments with California Victim Compensation Board
for Victim Compensation Program, 7/1/18 - 6/30/21 ($1,605,549); and make
California Environmental Quality Act and other findings - All Districts |
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25341 |
APPROVED
AS RECOMMENDED |
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RESO: 18-070 - 18-071 |
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27. |
Approve
Option Agreement with Dana Point Harbor Partners LLC and Drystack Option
Agreement with Dana Point Harbor Partners Drystack LLC to conduct due
diligence regarding master lease and development of Dana Point Harbor;
approve Ground Lease Agreement with Dana Point Harbor Partners LLC and
Drystack Lease Agreement with Dana Point Harbor Partners Drystack LLC,
66-year term to administer and manage Dana Point Harbor and initiate
entitlement approvals for certain portions; authorize Chief Real Estate
Officer or designee to execute the leases, agreements, related documents and
amendments under certain conditions; and consider application of Final
Environmental Impact Report (EIR) No. 591 and other findings - District 5 |
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53241 |
APPROVED
AS RECOMMENDED; DIRECTED STAFF TO CONTINUE WORKING WITH THE STAKEHOLDERS, THE
DANA POINT HARBOR ADVISORY BOARD AND THE MERCHANTS BY CIRCULATING THE LEASE
AND THE OPTION AGREEMENTS. |
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Human Resource
Services: |
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28. |
Approve
amendment 4 to renew contract with Hartford Life and Accident Insurance
Company for Life and Accidental Death and Dismemberment Insurance for
various eligible employees, 1/1/19 - 12/31/19; and authorize Chief Human
Resource Officer or designee to execute amendment - All Districts |
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24351 |
APPROVED
AS RECOMMENDED |
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29. |
Approve
amendment 6 to renew contract with OptumRx Administrative Services, LLC for
administration of prescription drug card and mail order program, effective
1/1/19 - 12/31/19; extend contract for an additional one-year term, effective
1/1/20 - 12/31/20; and authorize Chief Human Resource Officer or designee to
execute amendment and make various modifications under certain conditions -
All Districts |
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45231 |
APPROVED
AS RECOMMENDED |
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30. |
Adopt
2019 Employee Preferred Provider Organization (PPO) Health Plan rates for
self-funded Wellwise Choice and Sharewell Choice - All Districts |
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45231 |
APPROVED
AS RECOMMENDED |
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31. |
Adopt
2019 Cigna Employee HMO Health Plan rates; approve implementation of Cigna
Select HMO network for 2020; authorize Chief Human Resource Officer or
designee to execute 2019 Cigna Group Service Policy after approval by State
Department of Managed Health Care and report back to the Board if any changes
to the policy are required under certain conditions; approve amendment 1 to
renew Administrative Services agreement with Cigna for active health plan,
effective 1/1/19 - 12/31/19; and authorize Chief Human Resource Officer or
designee to execute amendment and amend underlying agreements with Cigna as
necessary in order to continue Wellness Programs under certain conditions -
All Districts |
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25341 |
APPROVED
AS RECOMMENDED |
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32. |
Adopt
2019 Kaiser Employee HMO Health Plan rates; authorize Chief Human Resource
Officer or designee to execute 2019 Kaiser Group Service Policy after
approval by State Department of Managed Health Care and report back to the
Board if any changes to the policy are required; approve amendment 1 to renew
Administrative Services agreement with Kaiser for active health plan,
effective 1/1/19 - 12/31/19; and authorize Chief Human Resource Officer or
designee to execute amendment and amend underlying agreements with Kaiser as
necessary in order to continue Wellness Programs under certain conditions -
All Districts |
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34251 |
APPROVED
AS RECOMMENDED |
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33. |
Adopt
2019 Retiree Preferred Provider Organization Health Plan rates for self-funded
Wellwise and Sharewell; authorize Chief Human Resources Officer or designee
to continue to apply for Medicare Part D federal subsidy under Medicare
Prescription Drug, Improvement and Modernization Act of 2003 for Wellwise
retiree health plan - All Districts |
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42351 |
APPROVED
AS RECOMMENDED |
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34. |
Adopt
2019 Retiree Insured HMO and PPO Health Plan rates; approve amendment 1 to
renew Administrative Services agreements with Anthem Blue Cross, Kaiser
Foundation Health Plan, Inc. and SCAN for retiree medical health plans,
effective 1/1/19 - 12/31/19; and authorize Chief Human Resource Officer or
designee to execute amendments and 2019 Group Service/Benefit Policies with
Anthem Blue Cross, Kaiser Foundation Health Plan, Inc. and SCAN after approval
by State Department of Managed Care or Centers for Medicare and Medicaid
Services and report back to the Board if changes to the policies are required
under certain conditions - All Districts |
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42351 |
APPROVED
AS RECOMMENDED |
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35. |
Registrar of Voters - Consider
first reading of "An Ordinance of the County of Orange, California,
Amending Section 1-6-30 Relating to Electronic Campaign Disclosure"; and
set second reading and adoption for 7/31/18, 9:30 a.m. - All Districts (4/5
vote of the members present) |
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B.O. |
CONTINUED TO 8/14/18, 9:30 A.M. |
ELECTED DEPARTMENT HEADS
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S35A. |
Sheriff-Coroner - Accept
donation of one 2018 Iron Panther Flatbed Trailer (valued at $5,927.24)
from Orange County Sheriff's Advisory Council for Reserve Bureau Search and
Rescue Unit to transport Search and Rescue off-road vehicles - All Districts |
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54231 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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S35B. |
Approve
one-time payment for relocation expenses for Administrative Manager III,
Director of OC Animal Care candidate - All Districts |
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54231 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (Items 36-38)
OC COMMUNITY RESOURCES
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36. |
Public
Hearing to consider adopting resolution approving OC Animal Care Fee Schedule
effective 9/1/18 for all animal license and permit related fees and
8/1/18 for all other fees and rescinding and superseding Resolution 14-038;
and making California Environmental Quality Act and other findings - All
Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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51234 |
APPROVED AS RECOMMENDED |
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RESO: 18-072 |
OC PUBLIC WORKS
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37. |
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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B.O. |
CLOSED PUBLIC HEARING |
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45231 |
APPROVED AS RECOMMENDED |
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RESO: 18-073 |
GENERAL ADMINISTRATION
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38. |
County Counsel - Acting
as the Orange County Flood Control District - Public Hearing to consider
adopting Resolution of Necessity acquiring by eminent domain real property
for Santa Ana River Mainstem/Prado Dam Project located in County of
Riverside; authorize County Counsel and/or outside litigation counsel to take
steps to initiate and facilitate the condemnation action; and direct and
authorize Auditor-Controller to make related payments ($1,775,000); and
consider application of Final Environmental Impact Report 583, and Final
Supplemental Environmental Impact Statement 583 and other findings - All
Districts (4/5 vote of membership) |
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B.O. |
CLOSED PUBLIC HEARING |
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45231 |
APPROVED AS RECOMMENDED |
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RESO: 18-074 |
V. CLOSED SESSION (Items CS-1-SCS9)
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. |
COUNTY
COUNSEL READ: THE BOARD VOTED 4-1, WITH CHAIRMAN DO, AND SUPERVISORS STEEL,
NELSON, BARTLETT VOTING YES, AND SPITZER VOTING NO, TO APPROVE A PROPOSED
SETTLEMENT AGREEMENT IN THE MATTER OF PAULA CURLEY V. COUNTY OF ORANGE,
ORANGE COUNTY SUPERIOR COURT CASE NO. 30-2017-00929332. THE PROPOSED
SETTLEMENT REMAINS SUBJECT TO THE FINAL APPROVAL OF OTHERS. AS SOON AS THE
PROPOSED SETTLEMENT BECOMES FINAL, COPIES OF THE FINALIZED SETTLEMENT
AGREEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE OF CEO/RISK MANAGEMENT TO
ANY PERSON WHO INQUIRES. |
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CS-3. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: THE BOARD VOTED 4-1, WITH CHAIRMAN DO, AND SUPERVISORS STEEL,
NELSON, BARTLETT VOTING YES, AND SPITZER VOTING NO, TO APPROVE A PROPOSED
SETTLEMENT AGREEMENT IN THE MATTER OF ALLISON BOROCH V. OLIVIA COCO, ET AL,
ORANGE COUNTY SUPERIOR COURT CASE NO. 30-2016-00892163. THE PROPOSED
SETTLEMENT REMAINS SUBJECT TO THE FINAL APPROVAL OF OTHERS. AS SOON AS THE
PROPOSED SETTLEMENT BECOMES FINAL, COPIES OF THE FINALIZED SETTLEMENT
AGREEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE OF CEO/RISK MANAGEMENT TO
ANY PERSON WHO INQUIRES. |
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CS-4. |
County Executive Office - CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8: |
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B.O. |
HELD, NO REPORTABLE ACTION |
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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. |
COUNTY
COUNSEL READ: THE BOARD UNANIMOUSLY APPOINTED DEBRA BAETZ TO THE POSITION OF
DIRECTOR, SOCIAL SERVICES AGENCY. PURSUANT TO GOVERNMENT CODE SECTION 24001,
THE BOARD FOUND THAT THE APPOINTMENT OF MS. BAETZ, A RESIDENT OF LOS ANGELES
COUNTY, IS IN THE BEST INTERESTS OF THE COUNTY OF ORANGE. |
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County Counsel: |
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SCS7. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION -
Pursuant to Government Code Section 54956.9(d)(4): |
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B.O. |
DELETED |
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SCS8. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - 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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SCS9. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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B.O. |
COUNTY
COUNSEL READ: THE BOARD UNANIMOUSLY AUTHORIZED OUTSIDE RISK COUNSEL LYNBERG
& WATKINS TO FILE A PETITION FOR CERTIORARI FOR REVIEW BY THE US SUPREME
COURT IN THE MATTER OF MARY GORDON V. COUNTY OF ORANGE, US DISTRICT COURT
CASE NO. SACV14-01050 CJC. |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Steve Rocco - Oral re: Wrote book
"Behind the Orange Curtain"; July 20th anniversary killings; James
Holmes in Colorado thinks he's the Joker from Batman and killed twelve people
on July 20, same day as the killing of Rocco's parents; he has dual
citizenship in Europe; mass killing in Europe by a Norwegian on July 20; Tim
McVey and Oklahoma City bombing; Itzcoatl 'Izzy' Ocampo and killing of
homeless persons; Los Angeles Times article stating Rocco was on Izzy's list;
District Attorney harassments and false charges |
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Ilya Tseglin - Oral re: Ilya and Robert
have spoke at Board Meetings for 6 years, 150 times; pleading for the life of
his son, Nate, who is disabled and Jewish; Social Services Agency and police
violate the constitution and the law without court orders and fabricated
reports; Larry Landauer embezzlement of public funding; police beating his
son; son housed in group home, tortured and forced to take toxic drugs |
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Robert Tseglin - Oral re: Nate Tseglin
removed from his home three times and placed at Fairview Development Center
and group homes; Public Defender helped to release him on a writ of Habeas
Corpus; Regional Center took away the services provided to Nate; Irvine
Police Department accused the family of neglect regarding Nate's care and
Nate was removed him from his home;
the Board of Supervisors
intervened to release Nate on his 2nd writ of Habeas Corpus; Nate was
placed in Orange County Regional Center; hopes the Public Defender can
intervene and help Nate |
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Bryan
Kaye - Oral re: Forced mental health and medical procedures; forged plea
agreement after a threatened arrest over a civil matter; Judges entered
forged plea agreements to put him in mental health; reasons why the State and
Federal Government does not endorse forced medical procedures; slaves to the
Sheriff Department and mental health program |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS:
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None |
ADJOURNED:
2:25 P.M.
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51234 |
Adjourned in memory of Dr. James A. Raub |
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51234 |
Adjourned in memory of Stephen A. Nordeck |
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51234 |
Adjourned in memory of Hon. Paul W. Egly |
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51234 |
Adjourned in memory of Arnold Forde |
***
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 |