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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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SHAWN NELSON CHAIRMAN Fourth District |
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PATRICIA BATES VICE CHAIRMAN Fifth District |
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JANET NGUYEN SUPERVISOR First District |
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JOHN M.W. MOORLACH SUPERVISOR Second District |
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TODD SPITZER SUPERVISOR Third District |
ATTENDANCE: All
Present
EXCUSED: None
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PRESENT: |
COUNTY EXECUTIVE
OFFICER |
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Michael B.
Giancola |
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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 Nguyen, First District, gave the invocation
PLEDGE OF ALLEGIANCE: Vice Chair Bates, Fifth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-21)
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31254 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 2 WHICH WAS CONTINUED TO 8/19/14, 9:30 A.M.; AND ITEMS 6 & 20
WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Nguyen: |
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1. |
Assessment
Appeals Board No. 3 - Reappoint Nolan Alejandro, Garden Grove, for term
ending 9/3/17 |
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2. |
Assessment
Appeals Board No. 4 - Reappoint Clarence F. Alvey, Jr., Fountain Valley, for
term ending 9/3/17 |
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31254 |
CONTINUED
TO 8/19/14, 9:30 A.M. |
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3. |
Assessment
Appeals Board No. 5 - Reappoint Scott Weimer, Garden Grove, for term ending
9/3/17 |
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4. |
Assessment
Appeals Board No. 1 - Reappoint Min K. Chai, Irvine, for term ending 9/3/17 |
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5. |
Chairman Nelson - Real
Estate Ad Hoc Committee - Remove Supervisor Nguyen and appoint Supervisor
Bates as a member |
ELECTED DEPARTMENT HEADS
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6. |
Auditor-Controller - Receive
and file Internal Audit Quarterly Status Report for April - June 2014 - All
Districts |
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23154 |
APPROVED AS RECOMMENDED |
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Sheriff-Coroner: |
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7. |
Accept
donation of one time maintenance services from Orange County Sheriff's
Advisory Council for routine and deferred maintenance of Laser Village,
Katella Training Facility ($67,000) - District 3 |
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8. |
Approve
amendment 2 to renew agreement MA-060-12012251 with Hunter Consulting, Inc.
dba HCI Environmental & Engineering Services for replacement and
disposal of lead contaminated filters, 8/14/14 - 8/13/15 ($350,000);
renewable for two additional years; and authorize Purchasing Agent or
authorized Deputy to execute amendment - All Districts |
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9. |
Treasurer-Tax Collector - Approve
amendment 1 to master agreement MA-074-12012200 with Official Payments
Corporation for credit/debit card and eCheck payments online, by phone and in
person for property tax bills, 8/11/14 - 7/31/15 - All Districts |
OC COMMUNITY RESOURCES
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10. |
Approve
amendment 3 to cooperation agreement and Metro City agreement with eleven
small cities and three Metro Cities for participation in an Urban County
Program for receipt and allocation of Federal funding for housing and
community development activities for FY 2015-16 through FY 2017-18; and
authorize Director or designee to execute amendments and subsequent
non-substantial and immaterial modifications if necessary, and forward to the
U.S. Department of Housing and Urban Development - Districts 2, 3, 4, & 5 |
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11. |
Approve
plans and specifications and set bid opening for 9/3/14, 2:00 p.m., for
construction of the Ronald W. Caspers Wilderness Park New Well &
Water Tank project; and make California Environmental Quality Act findings -
District 5 |
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12. |
Adopt
resolution approving designation of Bluff Park allowing alcoholic beverage
service at Salt Creek Beach for Battle of the Paddle event on October 4
& 5, 2014 - District 5 (Continued from 7/15/14, Item 8) |
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RESO: 14-069 |
OC PUBLIC WORKS
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13. |
Adopt
resolution vacating storm drain easement, Tract 17559; and find that Final
Environmental Impact Report 589 previously certified on November 8, 2004;
and Addendum 1.0 certified on July 26, 2006, and Addendum 1.1 certified on
February 24, 2011 each satisfy the requirements of the California Environmental
Quality Act for the proposed project, which is a necessarily included element
contemplated as part of the larger action; and make related findings -
District 5 |
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RESO: 14-070 |
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14. |
Acting as the Orange County Flood Control
District - Approve
amendment 1 to agreement D11-043 with VA Consulting, Inc. and amendment 1
to agreement D11-050 with HDR Engineering, Inc. for on-call technical support
services, extending term two additional years each; and make California
Environmental Quality Act findings - All Districts |
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Acting as the
Board of Supervisors and Orange County Flood Control District: |
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15. |
Approve
agreement D13-009 with Heritage Fields El Toro, LLC, Heritage Fields El Toro
Contractor GP, Inc. and the City of Irvine for construction of Bee Canyon
Channel flood control improvements; authorize Director or designee to carry
out terms of agreement and execute related documents; find that Final
Environmental Impact Report SCH #2002101020 previously certified by the City
of Irvine on May 27, 2003 satisfies requirements of California Environmental
Quality Act; and make related findings - District 3 |
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16. |
Select
various firms in ranked list for aerial surveying services; authorize
negotiation of agreements for Board approval for 3 years; waive Contract
Policy Manual policy §3.5-107 & §3.5-109(3); and make California
Environmental Quality Act findings - All Districts |
GENERAL ADMINISTRATION
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17. |
Clerk of the Board - Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Orange County Sanitation District - All Districts |
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County
Executive Office: |
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18. |
Approve
addition of California State University Fullerton on behalf of their Police
Department as new member of Integrated Law and Justice Agency for Orange
County (ILJAOC); and approve amendment to Joint Power of Authority agreement
of the Integrated Law & Justice Agency for Orange County Joint Powers Authority
- All Districts |
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19. |
Approve
proposed response to FY 2013-14 Grand Jury Report "Juvenile Offenders
and Recidivism: Orange County Solutions" - All Districts |
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20. |
Internal Audit - Receive
and file Internal Audit Department Monthly Status Report for June 2014 - All
Districts |
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25134 |
APPROVED AS RECOMMENDED |
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21. |
Registrar of Voters - Approve
amendment 3 to agreement MA-031-11012699 with Pitney Bowes, Inc., for
hardware maintenance and software licensing, 8/12/14 - 8/11/15 ($195,800);
and authorize Purchasing Agent or authorized deputy to execute agreement and
make future non-monetary and non-material changes - All Districts |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 22-S40A)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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22. |
Ratify
and approve invoice for Future Concepts Internet Solutions, Inc. for the
purchase and installation of equipment for mobile command vehicle ($7,650)
- All Districts |
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35124 |
APPROVED
AS RECOMMENDED |
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23. |
Ratify
and approve amendment 2 to renew agreement MA-060-12011980 with Charles R.
Eastman dba Newport Helicopter Service for helicopter mechanic services,
7/1/14 - 6/30/15 ($3,600; new total $252,000); and authorize Purchasing Agent
or authorized Deputy to execute amendment - All Districts |
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25134 |
APPROVED
AS RECOMMENDED |
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24. |
Select
Vanir Construction Management as primary and Jacobs Project Management
Company as alternate firms for construction management services for AB
900 Phase II bed expansion, James A. Musick Facility; authorize negotiation
of agreement for Board approval; and find that Final Environmental Impact
Report 564 as certified on November 5, 1996, and recertified as amended on
October 20, 1998, together with the Supplemental to EIR No. 564, certified by
the Board of Supervisors on December 11, 2012, fully analyzed and disclosed
the proposed project's environmental effects, and the proposed project will
not have any environmental effects beyond those analyzed and disclosed in
these environmental documents which provide adequate documentation under the
California Environmental Quality Act findings - Districts 3 & 5
(Continued from 7/15/14, Item 15) |
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35124 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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25. |
Receive
and file presentation on Medical Safety Net Program; and authorize Director
or designee to increase hospital reimbursement for Medical Safety Net
Program to 100% of CalOptima rates for physicians, community clinics and full
service hospitals and 75% for hospitals providing only emergency and
stabilization care for services provided on or after 7/1/14 - All Districts |
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25134 |
APPROVED AS RECOMMENDED |
JOHN WAYNE AIRPORT
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26. |
Approve
amendment 2 to renew agreement MA-280-12012196 with TruGreen LandCare LLC for
exterior landscape maintenance services, 9/11/14 - 9/10/15 ($400,520); and
authorize Purchasing Agent or authorized Deputy to execute amendment -
District 2 |
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31254 |
APPROVED AS RECOMMENDED |
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27. |
Approve
amendment 1 to agreement with ENVIRON International Corporation for air
quality analysis services ($161,000; new total $381,000); approve
amendment 1 to agreement with Fehr & Peers for traffic and circulation
analysis ($9,560; new total $228,820); approve amendment 1 to agreement with
Landrum & Brown, Incorporated for noise analysis ($42,620; new total
$252,825); approve amendment 1 to agreement with BonTerra Psomas for
Environmental Impact Report preparation services ($149,250; new total
$368,802.50); and make California Environmental Quality Act findings -
District 2 |
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25134 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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28. |
Reject
all bids received on 1/8/14 in response to Request for Proposals (RFP) for
delivery of Workforce Investment Act (WIA) Youth Program services; direct
staff to return to the Board with appropriate policy framework prior to
release of a new WIA Youth Program RFP; approve amended agreement with City
of La Habra, Irvine Unified School District, Orange County Asian and Pacific
Islander Community Alliance, and Orange County Conservation Corps for
WIA Youth employment and training
services, 8/1/14 - 6/30/15 ($2,700,000); and authorize Director or designee
to execute said amendments and to exercise contingency cost increase or
decrease not to exceed 10% and make line item budget transfers under certain
conditions - All Districts (Continued from 6/17/14, Item 59; 7/15/14, Item
19) |
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34125 |
APPROVED ALLOCATIONS AS SHOWN IN THE 7/3/14
MEMO USING "6/17 BOS MEETING" COLUMN FOR THE COASTAL, SOUTHERN AND
WESTERN REGIONS AND USING "7/15 BOS MEETING - REVISED
RECOMMENDATIONS" COLUMN FOR THE NORTHERN REGION; APPROVED TWO ONE-YEAR
AGREEMENTS WITH A REVIEW AT THE END OF THE FIRST YEAR AND DIRECTED STAFF TO
ISSUE A RFP TO DETERMINE ALLOCATIONS AFTER THE SECOND YEAR OF THIS AGREEMENT. |
OC PUBLIC WORKS
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29. |
Acting as the Orange County Flood Control
District - Approve
amendment 3 to agreement D06-055 with GRiver Golf, LLC ($680,000) and
amendment 3 to agreement D06-056 with GRiver Golf F&B Operators, LLC for
extension of existing golf operations management contract and food and
beverage facility lease, Green River Golf Club, 8/22/14 - 8/21/18 - All
Districts |
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31254 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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30. |
Approve
agreement with Stephen Connolly as Executive Director for Office of
Independent Review, 9/1/14 - 8/31/15 ($210,000, plus County Executive
Manager car allowance subject to continuing appropriations) - All Districts |
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25134 |
APPROVED
AS RECOMMENDED |
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31. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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25134 |
APPROVED
AS RECOMMENDED |
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32. |
Approve
agreement 14-001AR with BLX Group, LLC for arbitrage rebate consultant
services for County’s financing reporting requirements, 8/1/14 - 7/1/19;
and authorize Public Finance Manager to execute agreement - All Districts |
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B.O. |
CONTINUED
TO 8/5/14, 9:30 A.M. |
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33. |
Approve
grant applications/awards submitted by Probation, Health Care Agency,
Sheriff's Department and Social Services Agency in 7/22/14 grant report
and other actions as recommended; adopt resolutions authorizing Chief
Probation Officer to submit and execute grant agreement BSCC 360-13 and
amendments with Board of State and Community Corrections (BSCC) for Reducing
Racial and Ethnic Disparity (Reducing RED) Project , 1/1/14 - 12/31/14
($30,000); and authorize HCA Director or designee to accept funds from and
execute Acceptance of Award for Tuberculosis Local Assistance Base Award and
Food, Shelter, Incentives and Enablers allotment with California Department
of Public Health, 7/1/14 - 6/30/15 ($1,117,231); and authorize
Sheriff-Coroner or designee to accept funds and execute agreement for Department of Boating
and Waterways training program ($25,000) - All Districts |
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35124 |
APPROVED
AS RECOMMENDED |
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RESO: 14-071 |
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Human Resource
Services: |
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34. |
Adopt
Employee Health Plan Rate Tables for Premier Wellwise PPO and Premier
Sharewell PPO, Wellwise Choice PPO and Sharewell Choice PPO for 2015; and
approve amended and restated Wellwise Choice PPO Plan document, effective
1/1/15 - All Districts |
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23154 |
APPROVED
AS RECOMMENDED |
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35. |
Adopt
Retiree Self-funded PPO Health Plan Rates for Wellwise and Sharewell for
2015; and approve amended plan documents; and authorize Chief Human
Resources Officer or designee to continue to apply for Medicare Part D
federal subsidy under Medical Prescription Drug, Improvement and
Modernization Act of 2003 for Wellwise retiree health plan - All Districts |
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23154 |
APPROVED
AS RECOMMENDED |
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36. |
Approve
2015 Employee Health Plan Rate Tables for Cigna and Kaiser Health Plans,
Cigna Choice and Kaiser Choice Health Plans for 2015; approve amendment 2
to Administrative Services agreements with Cigna and Kaiser for active health
plans, effective 1/1/15 - 12/31/15; and authorize Chief Human Resources
Officer or designee to execute amendments and Group Services Policies with
Cigna and Kaiser after approval by State Department of Managed Health Care -
All Districts |
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25134 |
APPROVED
AS RECOMMENDED |
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37. |
Adopt
Retiree Insured Health Plan Rates for 2015; approve amendment 2 to
Administrative Services agreements with Anthem Blue Cross, Kaiser
Permanente Health Plan and SCAN for retiree medical health plan, effective
1/1/15 - 12/31/15; and authorize Chief Human Resources Officer to execute
amendments and Group Benefit/Service Policies with Anthem Blue Cross, Kaiser
Permanente Health Plan and SCAN after approval by State Department of Managed
Health Care or Centers of Medicare and Medicaid Services - All Districts |
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23154 |
APPROVED
AS RECOMMENDED |
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38. |
Supervisor Spitzer - Consider
second reading and adoption of "An Ordinance of the County of Orange,
California, Prohibiting the Solicitation of Signatures for Candidate
Nomination Papers from any County Employee at His or Her Workplace and Adding
Article III of Division 6 of Title 1, Section 1-6-33 to the Codified
Ordinances of the County of Orange" (Continued from 6/24/14, Item 66;
7/15/14, Item 38) |
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34125 |
APPROVED AS RECOMMENDED |
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ORD: 14-004 |
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Supervisor
Moorlach: |
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39. |
Direct
Registrar of Voters to place "An Ordinance of the County of Orange,
California Authorizing the County of Orange to Utilize Managed
Competition to Deliver County Services More Economically and Efficiently
While Maintaining Service Quality and Protecting the Public Interest, and
Adding Article VI, Section 601 to the Charter of Orange County" on the
ballot for Statewide General Election on November 4, 2014; and direct County
Counsel to prepare ballot language and impartial analysis of ordinance - All
Districts |
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24135 |
MOTION
FAILED TO CARRY |
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40. |
Consider
first reading of "An Ordinance of the County of Orange, California
Adding Section 1-3-21 to the Codified Ordinances of the County of Orange
to Require Civic Openness in Negotiations (COIN)"; and set second
reading and adoption for 8/5/14, 9: 30 a.m. (Continued from 5/20/14, Item 64;
6/17/14, Item 76; 6/24/14, Item 67; 7/15/14, Item 39) |
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24135 |
APPROVED
FIRST READING AND CONTINUED TO 8/5/14, 9:30 AM FOR SECOND READING AND
ADOPTION |
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S40A. |
Supervisor Spitzer - Direct
Registrar of Voters to place "An Ordinance of the County of Orange,
California, Making Changes to the Charter of Orange County Relating to
Supervisorial Vacancies, and Amending Article I, Section 103 of the Charter
of Orange County" on the ballot for Statewide General Election on
November 4, 2014; and direct County Counsel to prepare ballot language and
impartial analysis of ordinance |
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31254 |
APPROVED RECOMMENDED ACTIONS UTILIZING
PROPOSED ORDINANCE LANGUAGE SUBMITTED AT MEETING AND THEN AMENDED TO REPLACE
"MAJORITY" WITH "HIGHEST" IN LAST SENTENCE OF SUBSECTION
103.A AND TO REPLACE "BE AUTHORIZED TO APPOINT SUCH
PERSONS" WITH "APPOINT SUCH PERSONNEL" IN THE FIRST SENTENCE
OF SUBSECTION 103.C |
IV. PUBLIC HEARINGS (Items 41-42)
OC PUBLIC WORKS
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41. |
Relying
upon Final Negative Declaration IP 13-251 and Addendum IP 14-122 as
compliance under the California Environmental Quality Act, adopt
resolution approving General Plan Amendment Land Use Element 14-01 to reflect
current jurisdictional boundaries - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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53124 |
APPROVED AS RECOMMENDED |
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RESO: 14-072 |
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42. |
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 findings - District 4 (4/5 vote of the voting
members present) |
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B.O. |
CLOSED PUBLIC HEARING |
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43125 |
APPROVED AS RECOMMENDED |
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RESO: 14-073 |
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(d)(1): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A UNANIMOUS VOTE, AUTHORIZED COUNTY COUNSEL ON
BEHALF OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO ENGAGE THE SERVICES OF
WOODRUFF SPRADLIN & SMART TO REPRESENT THE COUNTY IN THE MATTER OF LOS
ANGELES ENGINEERING, INC. V. COUNTY OF ORANGE, ET AL. |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(d)(2): |
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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 CLERK READ: THE BOARD BY A UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT
IN THE CASE OF MARILYN MEDLER 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. |
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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SCS5. |
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 |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Michael
Klubnikin - Oral Re: Illegal sale of home, illegal audit of private citizens |
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Wiley Drake - Oral Re: Prayer groups, child
protective services |
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Ilya
Tseglin & Robert Tseglin - Oral Re: Nate Tseglin, Regional Center |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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None |
ADJOURNED:
12:19 P.M.
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34125 |
Adjourned in memory of Honorable Judge
Daniel Didier |
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24135 |
Adjourned in memory of Douglas Hilliard
Thomson |
***
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 Spitzer |
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 |