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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: All
Present
EXCUSED: None
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PRESENT: |
ACTING COUNTY
EXECUTIVE OFFICER |
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Robert J. Franz |
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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 Bates, Fifth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Nelson, Fourth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-28)
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31452 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 7, 18, 19 & 27 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE
VOTE |
BOARD APPOINTMENTS
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Supervisor
Bates: |
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1. |
Senior
Citizens Advisory Council - Appoint Anthony Allevato, Mission Viejo, to
complete term ending 12/31/13 |
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2. |
Assessment
Appeals Board No. 1 - Reappoint Jeanette M. Krembas, Laguna Niguel, for
term ending 9/6/15 |
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3. |
Assessment
Appeals Board No. 3 - Reappoint Jerry McCloskey, Laguna Niguel, for term
ending 9/6/15 |
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4. |
Assessment
Appeals Board No. 4 - Reappoint Craig Alexander, Dana Point, for term
ending 9/6/15 |
COMMENDATIONS/PROCLAMATIONS/REPORTS
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5. |
Supervisor Campbell - Adopt
resolution recognizing September 10-14, 2012 as "Project Management
Month" |
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RESO: 12-126 |
ELECTED DEPARTMENT HEADS
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District
Attorney: |
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6. |
Adopt
resolution approving FY 2011-12 Federal Equitable Sharing agreement and
Certification Report - All Districts |
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RESO: 12-127 |
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7. |
Approve
Real Estate Fraud Prosecution Annual Report, FY 2011-12 pursuant to
Government Code Section 27388 (d) (1) & (d) (2) - All Districts |
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15342 |
APPROVED
AS RECOMMENDED |
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Sheriff-Coroner: |
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8. |
Select
HDR Architecture Inc. as primary and TMAD Taylor & Gaines, Inc. as
alternate firms for design services for Immigration and Customs Enforcement
(ICE) administrative office space, Theo Lacy Facility; authorize negotiation
of agreement for Board approval; and make California Environmental Quality
Act findings - District 3 |
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9. |
Approve
license agreement with Santa Catalina Island Conservancy for operation of
emergency communications equipment, Mt. Black Jack Communications Facility;
and make California Environmental Quality Act findings - All Districts |
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10. |
Approve
amendment 7 to agreement MA-060-11012345 with American Textiles Systems
for jail bed sheets, term ending 6/14/12 ($34,000; new total $164,600); and
authorize Purchasing Agent or authorized Deputy to execute amendment - All
Districts |
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11. |
Approve
FY 2011-12 Federal Equitable Sharing Agreements and Certification Reports
for federally forfeited property or proceeds received for Sheriff-Coroner
Department, Regional Narcotics Suppression Program and Orange County
Pro-Active MethLab Investigative Task Force - All Districts |
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12. |
Approve
agreement MA-060-13010252 with Govplace for EMC Corporation data storage
system hardware and software maintenance, 9/1/12 - 6/30/13 ($118,929);
renewable for four additional one-year periods ($142,715 per year); and
authorize Purchasing Agent or authorized Deputy to execute agreement - All
Districts |
HEALTH CARE AGENCY
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13. |
Approve
agreements with Community Action Partnership of Orange County for Network for
a Healthy California - Children's Power Play! Campaign services
($140,000) and Latino Campaign services ($155,000), 10/1/12 - 9/30/13; and
authorize Director or designee to execute agreements - All Districts |
OC COMMUNITY RESOURCES
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14. |
Approve
agreement MA-012-12012165 with Merchants Landscape Services, Inc. for
landscape maintenance services, Craig Regional Park, 9/1/12 - 8/31/13
($300,140); renewable for four one-year periods; authorize Purchasing Agent
or authorized Deputy to execute agreement; and make California Environmental
Quality Act findings - District 4 |
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15. |
Approve
amendment 1 to subordinate agreement MA-012-12012135 with Exclusive Network
Enterprises for information technology temporary help services, 8/22/12 -
5/31/13 ($375,000; new total $400,000); and authorize Purchasing Agent or
authorized Deputy to execute amendment - All Districts |
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16. |
Approve
renewal of agreement MA-012-10013355 with AquaTechnex for lake management
services at OC Parks facilities, 9/1/12 - 8/31/13 ($400,000); authorize
Purchasing Agent or authorized Deputy to execute agreement; and make
California Environmental Quality Act findings - All Districts |
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17. |
Approve
OC Public Libraries code of conduct for library patrons; and authorize County
Librarian to make immaterial changes - All Districts |
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18. |
Acting as the Orange County Housing
Authority - Authorize
Executive Director or designee to sign Section 8 Management Assessment
Program Certification and related documents for monitoring key areas of
performance of Section 8 Housing Choice Voucher Program - All Districts |
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12345 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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19. |
Approve
agreements D12-040 with Rancho Mission Viejo, LLC and D12-041 with DMB
Ladera, LLC for development in the Ranch Planned Community and Ladera Ranch
Planned Community; authorize Director or designee to execute future
agreements; and make California Environmental Quality Act findings - District
5 |
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51342 |
APPROVED AS RECOMMENDED |
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20. |
Adopt
resolution relinquishing County jurisdiction over portions of Moulton Parkway
and El Toro Road to City of Laguna Woods; and make California
Environmental Quality Act findings - District 5 |
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RESO: 12-128 |
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21. |
Approve
agreement D12-046 with Rancho Mission Viejo Community Development, LLC
and amendment 1 to agreement D11-008 with DMB Ladera, LLC for landscape
maintenance of Antonio Parkway Landscape project; and make California
Environmental Quality Act findings - District 5 |
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22. |
Acting as the Orange County Flood Control
District - Adopt
Mitigated Negative Declaration IP 12-077; approve agreement D12-017 with
Midway City Sanitary District for Newland Storm Channel Improvements Project;
authorize Orange County Flood Control District to develop final plans and
seek permits; and make California Environmental Quality Act findings -
District 1 |
OC WASTE & RECYCLING
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23. |
Approve
plans and specifications and set bid opening for 11/21/12, 2:00 p.m., for
Phase VIII-C Groundwater Protection project, Frank R. Bowerman Landfill;
and make California Environmental Quality Act findings - District 3 |
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24. |
Approve
plans and specifications and set bid opening for 11/21/12, 2:00 p.m., for
West Channel Realignment/South Basin/Wetlands Area Construction project,
Frank R. Bowerman Landfill; and make California Environmental Quality Act
findings - District 3 |
PUBLIC PROTECTION
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Probation: |
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25. |
Approve
Federal Equitable Sharing agreement, 10/1/12 - 9/30/13 and Federal Annual
Certification Report, FY 2011-12; and make California Environmental Quality
Act findings - All Districts |
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26. |
Approve
agreement MA-057-13010126 with North Orange County Regional Occupational
Program for personnel support services, Youth Guidance Center and Youth
Leadership Academy, 9/1/12 - 8/31/13 ($160,000); authorized Purchasing Agent
or authorize Deputy to execute agreement; and make California Environmental
Quality Act findings - Districts 1 & 3
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SOCIAL SERVICES AGENCY
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27. |
Approve
amendment 2 to lease with Manh Family Trust (Charles Manh and Anh Manh as
Trustees) for County Community Service Center, Westminster, 10/1/07 -
9/30/17; and make California Environmental Quality Act findings - District 1 |
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13452 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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28. |
Internal Audit - Receive
and file Internal Audit Department Monthly Status Report for July 2012 -
All Districts |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 29-S44A)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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29. |
Approve
lease agreement with Laguna Beach County Water District for use of
Moorhead Reservoir at 10 Water Tank Road, Laguna Beach, for emergency radio
communications, 10/6/09 - 10/5/17; and make related findings - District 5 |
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51342 |
APPROVED
AS RECOMMENDED |
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30. |
Accept
Urban Areas Security Initiative funds from City of Anaheim, FY10, for
purchase of computer equipment ($90,000); and authorize Purchasing Agent or
authorized Deputy to purchase related equipment - All Districts |
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34152 |
APPROVED
AS RECOMMENDED |
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31. |
Approve
amendment 5 to five year agreement with City of Stanton for law
enforcement services, 7/1/12 - 6/30/13 ($7,291,782); and authorize
Sheriff-Coroner to execute agreement and subsequent amendments under certain
conditions - District 2 |
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23145 |
APPROVED
AS RECOMMENDED |
HEALTH CARE AGENCY
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32. |
Approve
master agreement with various providers of professional medical, dental,
behavioral and other support services, 9/29/12 - 9/28/13; authorize Director
or designee to execute agreements - All Districts |
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43152 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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33. |
Approve
grant deed to United States Department of Agriculture - Forest Service for
transfer of Santiago Truck Trail Property for public access to Cleveland
National Forest; authorize Director or designee to execute grant deed and
related documents; and make California Environmental Quality Act and other
findings - All Districts (4/5 vote of members present) (Continued from
5/22/12, Item 70; 6/26/12, Item 58; 7/31/12, Item 14) |
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B.O. |
DELETED |
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34. |
Consider
first reading of "An Ordinance of the County of Orange, California,
Amending Sections 4-1-76, 5-1-1 and 5-1-29 of the Codified Ordinances of
the County of Orange to Clarify the Requirements for Certain Permits and
Licenses for the Keeping and Maintenance of Animals and for the Operation of
Fixed and Mobile Animal Grooming Parlors"; and set second reading and
adoption for 9/11/12, 9:30 a.m. - All Districts |
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34152 |
APPROVED AS RECOMMENDED |
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35. |
Approve
amendment 3 to agreement MA-012-10012969 with OC Partnership for
technical assistance to Continuum of Care Homeless Assistance Programs for
contract period ending 5/31/13, ($197,000; new total $280,500); renewable for
two additional one-year periods; and authorize Purchasing Agent or authorized
Deputy to execute amendment - All Districts |
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13452 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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36. |
Approve
agreement MA-080-13010105 with Bureau Veritas North America Inc., GHD, Inc.
and The Code Group, Inc. for plan check and related on-call support
services, three-year term ($1,430,000); renewable for two additional years;
and make California Environmental Quality Act findings - All Districts |
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43152 |
APPROVED AS RECOMMENDED |
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37. |
Select
RELATED/Griffin as primary and Birtcher Garfield Traub as alternate firms for
development of Building 16 site in Santa Ana Civic Center; authorize
Director or designee to negotiate agreement for Board approval; and make
California Environmental Quality Act findings - District 1 |
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15342 |
APPROVED AS RECOMMENDED |
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38. |
Acting as the Orange County Flood Control
District - Approve
contract change order 16 to agreement D10-035 with KEC Engineering for
tunneling work ($3,096,695); and make California Environmental Quality Act
and other findings - Districts 1 and 2 (4/5 vote of the members present) |
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12345 |
APPROVED AS RECOMMENDED |
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39. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Select
and approve agreement D12-044 with AECOM for construction management and
inspection services for the Haster Retarding Basin, Pump Station and
Recreational Field Project, three-year term ($1,754,265); and make California
Environmental Quality Act findings - District 1 |
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13452 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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40. |
Approve
proposed response to FY 2011-12 Grand Jury Report "The Dissolution of
Redevelopment: Where Have We Been? What Lies Ahead?" - All Districts |
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35142 |
APPROVED
AS RECOMMENDED |
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41. |
Exercise
option to renew current agreement and approve amendment 5 to agreement with
James F. McConnell, Jr. for Washington, D.C. federal advocacy services,
1/1/13 - 12/31/14 ($252,150 per year); renewable for one additional two-year
term with Board approval; and authorize payment of $40,000 annually for
specialized consultant work and authorized expenses - All Districts |
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43152 |
APPROVED
AS RECOMMENDED |
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42. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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45132 |
APPROVED
AS RECOMMENDED |
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43. |
Acting
as Board of Supervisors and Community Facilities District 86-1 and 86-2
(Rancho Santa Margarita) - Adopt resolutions approving amendment 4 to Funding
and Acquisition agreements for Community Facilities District 86-1 (Rancho
Santa Margarita) and amendment 4 to Amended and Restated Funding and
Acquisition agreement for Community Facilities District 86-2 (Rancho Santa
Margarita); for reimbursement of costs to City of Rancho Santa Margarita for
road projects completed; and authorize Public Finance Director to execute
agreements - District 5 |
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54132 |
APPROVED
AS RECOMMENDED |
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RESO: 12-129 - 12-132 |
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44. |
Approve
compensation of $200 per meeting (maximum 12 meetings per year) for
appointed members of Public Financing Advisory Committee (PFAC); and direct
staff to amend PFAC Bylaws to include compensation - All Districts (Continued
from 8/14/12, Item 26) |
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B.O. |
CONTINUED
TO 9/11/12, 9:30 A.M. |
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S44A. |
Chairman Moorlach - Oversight
Boards of the Successor Agencies to the City Redevelopment Agencies,
Buena Park & Stanton - Appoint David Mansdoerfer |
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24135 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (None)
V. CLOSED SESSION (Items CS-1-SCS6)
GENERAL ADMINISTRATION
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CS-1. |
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 |
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CS-2. |
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 Resources
Department: |
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CS-3. |
PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957: |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-4. |
CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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County Counsel: |
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SCS5. |
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 VOTE
OF 4 TO 0, SUPERVISORS MOORLACH, NELSON, CAMPBELL AND BATES VOTING IN FAVOR,
SUPERVISOR NGUYEN BEING ABSENT, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF
JEFF BARDZIK V. COUNTY OF ORANGE, 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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SCS6. |
CONFERENCE
WITH LEGAL COUNSEL - THREATENED LITIGATION - Pursuant to Government Code
Section 54956.9(b): |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT OF THREATENED LITIGATION. 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 COUNTY COUNSEL TO ANY PERSON WHO INQUIRES. |
VI. PUBLIC, CEO, BOARD & EMAIL COMMENTS
& ADJOURNMENT
PUBLIC COMMENTS:
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Charles Griffin - Oral Re: Low noise
take-offs at John Wayne Airport |
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Darrell Nolta - Oral Re: Ambulance services
in Westminster |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Bates - Oral Re: Commended Steve Franks, Director, Orange
County Community Resources and Helen Fried, County Librarian, on the Laguna
Niguel Library opening event |
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Supervisor Nguyen - Oral Re: Announced 3rd Annual Central County Senior
Summit on 8/25/12 at Christ Cathedral/Crystal Cathedral, Garden Grove |
ADJOURNED:
4:45 P.M.
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52134 |
Adjourned in memory of Ed Iglacias |
***
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 |