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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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Jack Golden, Chief
Assistant |
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CLERK OF THE BOARD |
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Susan Novak |
INVOCATION:
Supervisor Moorlach, Second District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Nguyen, First District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-35)
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25134 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEMS 19, 30, 34 AND 35 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Spitzer: |
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1. |
Assessment
Appeals Board No. 1 - Appoint Kevin Rice, Tustin, to complete term ending
9/4/16 |
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2. |
Assessment
Appeals Board No. 2 - Appoint Danna Campbell, Orange, to complete term ending
9/4/16 |
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3. |
Supervisor Nguyen - Waste
Management Commission - Appoint Hoa Van Nguyen, Fountain Valley, to
complete term ending 7/25/14 |
ELECTED DEPARTMENT HEADS
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Auditor-Controller: |
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4. |
Authorize
Auditor-Controller to delete dismantled, missing, obsolete, stolen and
surplused equipment items from department capital asset inventories - All
Districts |
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5. |
Receive
and file Annual Report of Revolving Funds for FY 2012-13 - All Districts |
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6. |
Receive
and file Annual Report of Cash Difference Funds, Overage Fund and Cash Losses
for FY 2012-13 - All Districts |
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7. |
Receive
and file Fund/Budget Control Semi-Annual Report for 1/1/13 - 6/30/13 - All
Districts |
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8. |
Receive
and file Report of Refunds for FY 2012-13 - All Districts |
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Sheriff-Coroner: |
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9. |
Approve
amendment 1 to agreement MA-060-13010844 with Collaborative Testing Services,
Inc. for forensic test samples, 10/1/13 - 9/30/14 ($2,500; new total
$20,000); renewable for three additional years; and authorize Purchasing
Agent or authorized Deputy to execute amendment - All Districts |
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10. |
Authorize
Sheriff-Coroner to divert food waste from solid waste generated at Theo Lacy
Facility to Standard Feed, Ontario; and make related findings - All
Districts |
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11. |
Authorize
Sheriff-Coroner to donate excess produce grown from James A. Musick Jail
Facility to Orange County Food Bank; and make related findings - All
Districts |
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12. |
Accept
grant award from U.S. Department of Justice for FY 2013 DNA Backlog Reduction
Program ($418,184); and authorize Sheriff-Coroner to execute agreement and
related documents - All Districts |
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13. |
Approve
agreement MA-060-14010264 with Nusura, Inc. for Disabilities and Access and
Functional Needs Planning Consultant services, 9/17/13 - 9/16/14 ($297,391);
and authorize Purchasing Agent or authorized Deputy to execute agreement -
All Districts |
CHILD SUPPORT SERVICES
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14. |
Approve
agreement MA-027-13011727 with Orange County Superior Court of California for
Family Law Facilitator services, one year period ($160,000); renewable
for two additional one-year periods; and authorize Purchasing Agent or
authorized Deputy to execute agreements - All Districts |
HEALTH CARE AGENCY
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15. |
Approve
renewal of master agreement MA-042-12011804 as MA-042-14010212 with
ImageTrend, Inc. for Orange County Medical Emergency Data System, 11/1/13
- 10/31/14 ($142,908); and authorize Purchasing Agent or authorized Deputy to
execute agreement - All Districts |
JOHN WAYNE AIRPORT
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16. |
Approve
plans and specifications and set bid opening for 10/23/13, 2:00 p.m., for
Terminal C Baggage Handling System Checked Baggage Resolution Area
Upgrades project; authorize Director or designee to sign plans and
specifications and extend bid opening if required up to 90 days; and make
California Environmental Quality Act findings - District 2 |
OC COMMUNITY RESOURCES
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17. |
Approve
amendment 1 to agreement OCP10-027 with John M. Cruikshank Consultants, Inc.
for on-call civil engineering services, extending term to 10/4/14;
approve amendment 2 to agreement OCP10-014 with Harris and Associates for
on-call project management/contract administration services, extending term
to 10/18/14; and approve amendment 1 to agreement OCP10-028 with Nuvis
Landscape Architecture & Planning for on-call landscape architecture services,
extending term to 12/13/14; and make California Environmental Quality Act
findings - All Districts |
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18. |
Approve
ranked lists of firms for on-call professional consultant services for
capital improvement, repair and maintenance projects; authorize
negotiation of agreements as needed for Board approval; and make California
Environmental Quality Act findings - All Districts |
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19. |
Approve
restated amendment 2 to agreement D06-085 with West Cities Police
Communications Center Joint Powers Authority for radio communication and
dispatch services for County Park Rangers - All Districts |
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3 |
MOTION TO APPROVE RECOMMEND ACTION DIED FOR
LACK OF A SECOND |
OC PUBLIC WORKS
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20. |
Approve
plans and specifications and set bid opening for 10/16/13, 2:00 p.m., for
Cerritos Avenue Reconstruction and Sewer Improvements Project; and make
California Environmental Quality Act findings - District 4 |
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21. |
Adopt
resolution updating South Orange County Integrated Regional Watershed
Management Plan; authorizing Director or designee to accept amendments
and approve minor modifications; and make California Environmental Quality
Act findings - District 5 |
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RESO: 13-089 |
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22. |
Approve
agreement D13-081 with the City of Newport Beach for asphalt overlay of
Irvine Avenue from University Drive to Monte Vista Avenue ($150,832);
adopt resolution declaring City of Newport project area to be a County
highway; and make California Environmental Quality Act findings - District 2 |
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RESO: 13-088 |
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23. |
Approve
amendment 3 to agreement MA-080-12010056 with Tyco dba SimplexGrinnell LP for
fire alarm system maintenance and repair services, 12/1/13 - 11/30/14
($211,911); and make California Environmental Quality Act findings -
Districts 1, 2, 3 and 5 |
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24. |
Receive
and file Traffic Committee Report dated 7/18/13; approve recommendations and
adopt necessary resolutions; rescind Resolutions 85-1164 and 02-051; and
make California Environmental Quality Act findings - Districts 3, 4 and 5 |
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RESO: 13-090 -
13-092 |
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25. |
Approve
Tract Map 17061, RMV Community Development, LLC; accept dedication for
vehicular access rights; accept easements for streets, street lights,
sewer, water and survey monumentation; approve agreement S1112-164 and accept
bonds guaranteeing construction improvements; and find Final EIR 589
previously certified 11/8/04 with Addendum 1.0 and 1.1, reflects the
independent judgement of the County of Orange and satisfies requirements of
California Environmental Quality Act - District 5 |
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26. |
Adopt
resolution vacating Tract 15105 fire and fuel modification access easements
affecting property in Newport Coast, City of Newport Beach; and make
California Environmental Quality Act and other findings - District 2 |
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RESO: 13-093 |
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Acting as the
Orange County Flood Control District: |
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27. |
Approve
easement deeds with Christ Catholic Cathedral Facilities Corporation for
conveyance of property for parking and landscaping purposes; authorize
Director or designee to perform related actions; and make California
Environmental Quality Act and other findings - District 1 |
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28. |
Based
upon Final Mitigated Negative Declaration IP 11-424 as compliance under the
California Environmental Quality Act, approve amendment 1 to lease PRC
7312.9 with the State Lands Commission for Talbert Channel Ocean Outlet
operation and maintenance - |
OC WASTE & RECYCLING
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29. |
Approve
plans and specifications and set bid opening for 10/23/13, 2:00 p.m., for
Northern Access Road project, Prima Deshecha Landfill; and find that
Final Environmental Impact Report 575 originally certified November 6, 2001,
reflects the independent judgment of the County and satisfies requirements of
California Environmental Quality Act - District 5 |
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30. |
Approve
agreement MA-299-14010260 with Adam's Falconry Service, Airstrike Bird
Control, LLC and Avian Entertainment for bird abatement services, North,
Central and South Region Landfills, 9/20/13 - 9/19/14 ($380,000); renewable
for four additional one-year periods; authorize Purchasing Agent or
authorized Deputy to execute agreements; and find that Final Environmental Impact
Report 588, RELOOC Strategic Plan, previously certified by the Board of
Supervisors on April 17, 2007, Final Environmental Impact Report 604,
previously certified by the Board of Supervisors on 8/15/06, and Final
Environmental Impact Report 575, previously certified by the Board of
Supervisors on 11/6/01 reflect the independent judgment of the County of
Orange and satisfy the requirements of California Environment Quality Act for
the proposed project, which is a necessarily included element contemplated as
part of this action - Districts 3, 4 & 5 |
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34125 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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31. |
Clerk of the Board - Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for the Capistrano Unified School District and the South Orange
County Community College District - District 5 |
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County
Executive Office: |
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32. |
Receive
and file annual Report of Real Property actions taken under Delegated
Authority for period of 7/1/12 - 6/30/13; and make California
Environmental Quality Act findings - All Districts |
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33. |
Acting
as the Orange County Flood Control District - Approve selection of proposals
submitted by Ganahl Lumber Company, R.D. Olson Development, Lyon-NCA
Bristol Venture, LCC, and Clearview Hotel Capital, LLC as finalists in
response to Request for Proposals for leasing and development of 1100 S.E.
Bristol Street, Costa Mesa; authorize Chief Real Estate Officer or designee
to negotiate proposal modifications and lease options and return to the Board
with successful respondent; and make California Environmental Quality Act
findings - District 2 |
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34. |
Internal Audit - Receive
and file Internal Audit Department Monthly Status Report for August 2013 -
All Districts |
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35124 |
APPROVED AS RECOMMENDED |
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35. |
Supervisor Nguyen - Adopt
resolution declaring September 2013 as Hunger Awareness Month |
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12354 |
APPROVED AS RECOMMENDED |
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RESO: 13-094 |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 36-53)
ELECTED DEPARTMENT HEADS
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36. |
Sheriff-Coroner - Accept
2012 Homeland Security Grant Program award from California Emergency
Management Agency ($2,352,421); authorize Purchasing Agent or authorized
Deputy to purchase related equipment; approve related documents and authorize
Sheriff-Coroner or designee to execute agreement; and authorize
Auditor-Controller to transfer funds or property to other entities under
certain conditions - All Districts |
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32154 |
APPROVED AS RECOMMENDED |
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37. |
Treasurer-Tax Collector - Adopt
resolution authorizing issuance and sale of Garden Grove Unified School
District General Obligation Bonds, Election 2010, Series C ($119,999,840);
and authorizing execution of necessary documents and other related actions;
and adopt FY 2013-14 property tax rate of .00718 for each $100 of assessed
value for Garden Grove Unified School District Obligation Bonds, Election
2010, Series C - Districts 1 & 2 |
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21354 |
APPROVED AS RECOMMENDED |
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RESO: 13-095 |
HEALTH CARE AGENCY
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38. |
Approve
agreement EPO 13-32 with State Department of Public Health for Center for
Disease Control Public Health Emergency Preparedness Grant, State General
Fund Pandemic Influenza Grant, and Health and Human Services Hospital
Preparedness Program funds, FY 2013-14 ($3,650,707) - All Districts |
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14235 |
APPROVED AS RECOMMENDED |
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39. |
Approve
amendment to agreement 12-78008-000 with State Department of State Hospitals
for conditional release program, 7/1/12 - 12/31/13 ($1,708,210); and
authorize Director or designee to execute amendment - All Districts
(Continued to 9/17/13, Item 30) |
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54123 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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40. |
Consider
first reading of "An Ordinance of the County of Orange, California
Amending Sections 4-1-23 and 4-1-95 of the Codified Ordinances of the
County of Orange to Amend the Definitions of "Vicious Dog" and
"Potentially Dangerous Dog" and Make Various Other Amendments to
Facilitate the Implementation of Safety Restrictions on Vicious and
Potentially Dangerous Dogs"; and set second reading and adoption for 10/1/13,
9:30 a.m.; and authorize Director of OC Animal Care to establish a website,
accessible to the public, listing the address of each dog that has been
declared vicious or potentially dangerous under Section 4-1-95 - All
Districts |
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53124 |
APPROVED AS RECOMMENDED; DIRECTED STAFF TO
WORK WITH COUNTY COUNSEL AND RISK MANAGEMENT AND RETURN TO BOARD ON 10/1/13,
9:30 A.M., TO DISCUSS WHETHER ANIMAL CONTROL ORDINANCE CAN BE AMENDED TO
STATE OC ANIMAL CARE WILL PRESUMPTIVELY DESTROY A DOG THAT MEETS THE
DEFINITION OF VICIOUS OR POTENTIALLY DANGEROUS UNLESS THE DIRECTOR OF OC
ANIMAL CARE MAKES FINDINGS TO ALLOW THE OWNER TO KEEP THE DOG. DOG OWNER STILL HAS DUE PROCESS BEFORE
DESTRUCTION BUT WILL HAVE BURDEN OF PROOF TO ATTEMPT TO PREVENT DESTRUCTION |
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41. |
Approve
amendment 1 to Workforce Investment Act Training Account Master agreement
with training providers ($6,500 per person) to include California Work
Opportunity and Responsibility to Kids Welfare-to-Work Vocational Training
funding, 7/1/13 - 6/30/14 ($162,000; new total $2,662,000 aggregate amount);
and authorize Director or designee to execute amendments - All Districts |
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32154 |
APPROVED AS RECOMMENDED |
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42. |
Authorize
OC Community Resources to receive funds up to $400,000 from State Employment
Development for Veterans' Employment-Related Assistance Program, 6/1/13 -
3/31/15; approve Workforce Investment Act Master Cost Reimbursement
agreements with Pacific Gateway Workforce Investment Network/City of Long
Beach ($180,000) and Arbor E&T, LLC dba ResCare Workforces Services
($155,000), 8/1/13 - 2/28/15; and authorize Director or designee to exercise
contingency cost increase or decrease not to exceed 10%, make line item
budget transfers and amend service levels should funding levels change - All
Districts |
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32154 |
APPROVED AS RECOMMENDED |
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43. |
Based
upon Final Mitigated Negative Declaration IP 08-537 as compliance under the
California Environmental Quality Act, approve amendment 1 to agreement
OCP 12-016 with Orange County Conservation Corps to support long term
ecological and resource protection benefits to Aliso Creek watershed
($82,000; new total $897,000) - District 5 |
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54123 |
APPROVED AS RECOMMENDED |
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44. |
Find
that Final Environmental Impact Report 557 previously certified by the Board
of Supervisors on 5/2/95, and Addendum IP 10-26, together reflect the
independent judgement of County and satisfy the requirements of California
Environmental Quality Act; and receive bids and award contract to Spectra
Company for Irvine Ranch Historic Park Campus Improvements project
($5,844,720) - District 3 |
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32154 |
APPROVED AS RECOMMENDED |
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45. |
Approve
agreement MA 012-14010024 with Parking Concepts, Inc. for parking management
services, 10/1/13 - 12/31/14; renewable for four one-year periods;
authorize Purchasing Agent or authorized Deputy to execute agreement; and
make California Environmental Quality Act findings - All Districts |
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31254 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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46. |
Approve
agreement MA-299-14010178 with Simplus Management Corporation for
construction management, quality assurance/quality control, and support
services, North Region Landfills, 9/17/13 - 9/16/16 ($1,200,000); and make
California Environmental Quality Act findings - Districts 3 & 4 |
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34125 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES AGENCY
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47. |
Accept
Governor's California Office of Emergency Services Child Abuse Treatment
Program grant funds for comprehensive treatment services to child victims
of abuse and neglect, 10/1/13 - 9/30/14 ($255,033) - All Districts |
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13254 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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County
Executive Office: |
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48. |
Approve
proposed response to FY 2012-13 Grand Jury Report "The Goal of Equal
Employment Opportunity: NO
VICTIMS" - All Districts |
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32145 |
APPROVED
AS AMENDED; FINDING 3, REGARDING REVIEW OF EEO COMPLAINTS SHOULD INCLUDE THE
FORMAL REVIEW PROCESS APPROVED BY THE BOARD'S COMPLIANCE OVERSIGHT COMMITTEE
(COC) THAT WAS INCLUDED IN A MEMO FROM CEO TO ALL DEPARTMENT HEADS |
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49. |
Acting
as the legislative body of Community Facilities Districts Nos. 2002-1, 2003-1
and 2004-1 (Ladera Ranch) - Approve in concept proposed refunding of CFD
No. 2002-1, Series A of 2002 Special Tax Bonds; CFD No. 2003-1, Series A of
2003 Special Tax Bonds and CFD No. 2004-1, Series A of 2004 Special Tax
Bonds; approve selection of and agreements 13-004FA with Fieldman, Rolapp
& Associates as financial advisor, term ending 9/30/14 ($60,000);
renewable for one additional year and 13-005BC with Stradling Yocca Carlson
& Rauth for bond and disclosure counsel ($85,000), term ending 9/30/14;
and select Piper Jaffray and Company as underwriter for proposed refunding;
and authorize Public Finance Manager to execute agreements - District 5 |
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53124 |
APPROVED
AS RECOMMENDED |
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50. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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54123 |
APPROVED
AS RECOMMENDED |
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51. |
Approve
grant applications/awards submitted by Health Care Agency, OC Public Works
and OC Community Resources/OC Parks in 9/17/13 grant report and other
actions as recommended; adopt resolution authorizing HCA Director or designee
to submit grant applications for continued funding of various department
programs and directing annual submittal of a list of routine continued
funding grant applications for Board approval; adopt resolutions authorizing
HCA Director or designee to submit and execute applications, related
documents and amendments to State Department of Resources Recycling and
Recovery (CalRecycle) for Local Enforcement Agency grant, Used Oil Payment
Program and Waste Tire Enforcement grant; adopt resolution authorizing OC
Public Works Director or designee to submit and execute application and
amendments for Bicycle Corridor Improvement Program for Lambert Road Bikeway
Project and to invoice Orange County Transportation Authority for payment;
and adopt resolution authorizing OC Community Resources Director or designee
to submit and execute application with Orange County Transportation Authority
and related documents for Environmental Cleanup Tier 2 Grant Program for
Wagon Wheel Creek Restoration and Stormwater Management within San Juan Creek
Watershed; and make California Environmental Quality Act findings - All
Districts |
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14235 |
APPROVED
AS RECOMMENDED |
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RESO: 13-096 - 13-101 |
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52. |
Approve
FY 2012-13 Fourth Quarter Budget Report and related budget adjustments, amend
master position control and reserve changes - All Districts (R.A. 1, 2, &
3, 4/5 vote of the members present) |
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15234 |
APPROVED
AS RECOMMENDED |
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53. |
Chairman Nelson - Board
of Retirement, OCERS - Appoint David L. Ball, Newport Beach for term
ending 12/31/13 (Continued from 9/10/13, Item S44A) |
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24135 |
APPROVED AS RECOMMENDED |
IV. PUBLIC HEARINGS (None)
V. CLOSED SESSION (Items CS-1-CS-5)
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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HELD,
NO REPORTABLE ACTION |
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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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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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HELD,
NO REPORTABLE ACTION |
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CS-4. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1): |
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HELD,
NO REPORTABLE ACTION |
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CS-5. |
Human Resource Services - CONFERENCE
WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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HELD, NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Ilya & Robert Tseglin - Oral Re: Nate Tseglin, Regional Center |
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Michael
Klubnikin - Oral Re: Internal Audit,
his mother's estate |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Spitzer - Oral Re: Visited
Greenspot property last week. Directed staff to add to list of Restaurant
Inspector duties to check if restaurant is displaying an expired Award of
Excellence beyond the year it is valid |
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Supervisor Moorlach - Oral Re: 9/21/13, is Coastal Cleanup Day. Press conference last Thursday introducing
the public to the Adopt a Channel Program |
ADJOURNED:
3:40 P.M.
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14235 |
victims of Washington, DC Naval yard |
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54123 |
Adjourned in memory of Debra Healy Deem |
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14235 |
Adjourned in memory of Dorie Devine |
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54123 |
Adjourned in memory of Dwayne Harry Berger |
***
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 |