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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 |
PATRICIA
BATES
CHAIR
Fifth District
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JANET NGUYEN VICE CHAIR First District
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JOHN M. W. MOORLACH SUPERVISOR Second District
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BILL CAMPBELL SUPERVISOR Third District
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CHRIS NORBY SUPERVISOR Fourth District
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ATTENDANCE: All Present
EXCUSED: None
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PRESENT: |
COUNTY EXECUTIVE OFFICER |
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Thomas G. Mauk |
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COUNTY COUNSEL |
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Nicholas S. Chrisos |
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CLERK OF THE BOARD |
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Susan Novak, Chief Deputy |
INVOCATION: Supervisor Norby,
Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE:
Supervisor Nguyen, First District, led the assembly in the Pledge of
Allegiance
I.
PRESENTATIONS/INTRODUCTIONS
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Supervisor Moorlach presented a resolution congratulating California Society of Certified Public Accountants on 100th Anniversary |
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Chair Bates presented a resolution recognizing October 3-10, 2009 as "Fire Prevention Week" |
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Chair Bates presented a proclamation to Youben Liu, a representative of Orange County's Sister City/County Tianjin, China |
II.
CONSENT CALENDAR (Items 1-22)
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31245 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 1 WHICH WAS DELETED, ITEM 7 WHICH WAS CONTINUED TO 10/20/09, AND ITEMS 3, 6, 9, 10, 16 AND 19 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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1. |
Supervisor Norby - Public Financing Advisory Committee - Reappoint Phillip Greer, Newport Beach, for term ending 6/9/12 |
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31245 |
DELETED |
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2. |
Supervisor Nguyen - Animal Care Community Outreach Committee - Appoint Dr. Leslie Malo, Garden Grove, to complete term ending 3/31/11 |
ELECTED DEPARTMENT
HEADS
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3. |
District Attorney - Approve contract MA-026-10010756 with Verizon Wireless Services LLC for cellular phone equipment and airtime services, 10/1/09 - 9/30/10 ($275,000) - All Districts |
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12345 |
APPROVED AS RECOMMENDED |
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Sheriff-Coroner: |
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4. |
Approve Joint Powers agreement with Capistrano Unified School District for supplemental law enforcement services, 10/1/09 - 6/30/10; authorize Sheriff-Coroner or designee to execute future agreements under certain conditions - District 5 |
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5. |
Approve amendment 1 to price agreement N5000006675 with Data Ticket, Inc. for parking citation processing and management and adding out of state license plate citations processing fee and delinquent citations processing fees, effective 12/1/08 - All Districts |
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6. |
Approve amendment 1 to price agreement N1000010235 with Taser International, Inc. for repair and replacement of tasers and taser accessories, adding Harbor Patrol/Marine Operations, Patrol Operations, James A. Musick Facility, Central Jails Complex and Court Operations, 11/19/08 - 11/18/09 ($48,000; new total $128,000); renewable for four additional years - All Districts |
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23145 |
APPROVED AS RECOMMENDED |
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Treasurer-Tax Collector: |
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7. |
Approve proposed change to the Investment Policy Statement to include a section limiting the Extended Fund B to Whistlejacket / Serpentine Funding holding and exempting them from compliance computations - All Districts (Continued from 8/25/09, Item 23; 9/15/09, Item 9) |
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31245 |
CONTNUED TO 10/20/09, 9:30 A.M. |
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8. |
Approve agreement MA-074-10010576 with SalePoint, Inc. for cashiering system, 10/1/09 - 9/30/12 ($166,655); renewable for two additional one-year periods ($32,025 per year) - All Districts |
HEALTH CARE AGENCY
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9. |
Adopt resolution approving agreement 09-11378 with State Department of Public Health for Beach Environmental Assessment and Coastal Health Act Grant, 10/1/09 - 9/30/10 ($25,000); authorize Director or designee to execute Contractors Release form upon submission of final invoice - All Districts |
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23145 |
APPROVED AS RECOMMENDED |
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RESO: 09-156 |
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10. |
Approve Memorandum of Understanding with Children and Families Commission of Orange County for Child Abuse Services Team Medical Director services, 7/1/09 - 9/30/11 ($112,500) - All Districts |
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32145 |
APPROVED AS RECOMMENDED |
OC COMMUNITY
RESOURCES
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11. |
Approve contract change order no. 1 to agreement with Bon Air, Inc. for replacement of partial roofing, heating, ventilation and air conditioning system, Laguna Beach Library ($32,949.86; new total $229,949.86) - District 5 |
OC PUBLIC WORKS
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12. |
Receive and file Traffic Committee Report dated 7/16/09; approve recommendations; and adopt necessary resolution - District 3 |
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RESO: 09-157 |
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13. |
Approve plans and specifications and set bid opening for 11/4/09, 2:00 p.m., for construction of storm drain at Grove Oak Drive; and make California Environmental Quality Act findings - District 3 |
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14. |
Approve agreement D09-094 with Camp, Dresser & McKee, Inc. for engineering services, three-year term ($300,000); and make California Environmental Quality Act findings - All Districts |
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15. |
Authorize issuance of request for proposal for selection of Program Administrator for Orange County Financing Initiative for Renewable and Solar Technology Program - All District |
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16. |
Receive and file monthly status report on implementation of Performance Audit recommendations for Planning and Development Services - All Districts |
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25134 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES
AGENCY
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17. |
Approve renewal of master agreement N2000009200 as subordinate agreement D0 063 10012026 with Cellco Partnership dba Verizon Wireless for wireless services and equipment per terms, conditions and pricing of Regional Cooperative Agreement MA 017 10010457 through 9/30/10 ($222,000) - All Districts |
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18. |
Approve renewal of master agreement N2000009197 as subordinate agreement D0 063 10012003 with Nextel of California, Inc. dba Sprint Nextel for wireless services and equipment per terms, conditions and pricing of Regional Cooperative Agreement MA 017 CVPAX1000000374-2 through 9/30/10 ($144,000) - All Districts |
GENERAL
ADMINISTRATION
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19. |
County Executive Office - Terminate agreement with Garden Grove for addition of multiple water features at Atlantis Play Center; direct County Executive Office or designee to notify Garden Grove in writing of termination of agreement; and direct that a proposed transfer of $100,000 from Fund 130 to Fund 406 for future First District park capital projects be included in the FY 09-10 First Quarter Budget Report - District 1 |
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31245 |
APPROVED AS RECOMMENDED WITH SUPERVISOR MOORLACH RECORDING A NO VOTE ON RECOMMENDED ACTION #3 |
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20. |
Human Resources Department - Approve memorandum of agreement to extend 2007-2009 Memorandum of Understanding with Orange County Attorneys Association (OCAA) to 6/16/11; and approve Work Furlough Comp Time agreement for Deputy District Attorneys - All Districts |
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21. |
Internal Audit - Receive and file Internal Audit Department Monthly Status Report for August 2009 - All Districts |
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22. |
Office of Independent Review - Response to Board Directive (4/28/09) - Receive and file monthly activity reports - All Districts |
END OF CONSENT CALENDAR
III.
DISCUSSION ITEMS (Items 23-S40A)
DEPARTMENT
APPOINTMENTS
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23. |
Health Care Agency - Select appointment of two candidates to the CalOptima Board of Directors for terms ending 9/30/13 - All Districts |
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12345 |
APPROVED SELECTION OF CHUNG THE BUI, MD AS PHYSICIAN MEMBER AND MARGARITA PEREYDA, MD AS HEALTH CARE PROVIDER MEMBER |
ELECTED DEPARTMENT
HEADS
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24. |
Auditor-Controller - Approve amendment 2 to price agreement N1000009230 with CGI Technologies and Solutions Inc. for CAPS Proprietary 2.x software maintenance, 10/1/09 - 9/30/10 ($375,200) - All Districts |
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21345 |
APPROVED AS RECOMMENDED |
OC COMMUNITY
RESOURCES
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25. |
Approve agreements OCP09-013 with RBF Consulting for on-call civil engineering services, OCP09-014 with Swift Lee Office for on-call architecture services and OCP09-015 with Schmidt Design Group, Inc. for on-call landscape architecture services, three-year terms ($400,000 each) - All Districts |
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23145 |
APPROVED AS AMENDED TO AUTHORIZE VICE CHAIR TO EXECUTE AGREEMENTS |
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26. |
Approve Letter of Intent to the Irvine Company and The Nature Conservancy identifying County’s intentions to transfer Irvine Company lands to County; direct staff to return to Board with transaction documents and agreements at a later date; and make California Environmental Quality Act findings - All Districts |
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35124 |
APPROVED AS MODIFIED WITH AMENDED LETTER (RECOMMENDED ACTION #2) AND DIRECTION THAT STAFF CONTINUE TO UPDATE THE BOARD ON A MONTHLY BASIS WITH TARGET FOR COMPLETION OF RESOURCE MANAGEMENT PLAN AND FINAL AGREEMENT BY 3/31/10 |
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27. |
Authorize acceptance of Workforce Investment Act (WIA) National Emergency Grant (NEG) for Mortgage and Banking Industry, Phase II funds for State Employment Development Department ($884,401); approve WIA Cost Reimbursement agreement 16-NEG2-10 with Coast Community College District to support training and employment services to dislocated workers in Orange County sub-prime mortgage industry, 7/1/09 - 12/31/09 ($398,397); authorize Director or designee to execute agreement and exercise contingency increase not to exceed 10% of Federal funds - All District |
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53124 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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28. |
Approve amendment 1 to agreements with various cities for first allocation of Proposition 1B funds; approve agreements with various cities for second and third allocations of Proposition 1B funds; direct Auditor-Controller to make related payments; and authorize Director or designee to administer future city requests to reallocate Proposition 1B funds under certain conditions - All Districts |
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12345 |
APPROVED AMENDED AGREEMENT WITH GARDEN GROVE TO ADD SECTION 2.A & 2.B AND DEFERRAL OF EXECUTION OF AMENDMENT AND PAYMENT UNTIL GARDEN GROVE CITY COUNCIL HAS APPROVED |
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29. |
Approve agreement D09-049 with Rancho Mission Viejo Community Development, LLC for widening of Antonio Parkway; and make California Environmental Quality Act findings - District 5 |
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51234 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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30. |
Probation - Approve Memorandum of Understanding with Superior Court of California for DUI Court program, Harbor, North, Central and West Justice Centers, 10/1/09 - 9/30/11 ($930,897); and make California Environmental Quality Act findings - All Districts |
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23145 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES
AGENCY
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31. |
Approve amendment II to State wide Information Technology Agreement with Electronic Data Systems Corporation for CalWIN, 8/1/10 - 7/31/13 ($142,117,626 ($16,897,887 County portion); new total $682,162,041); and authorize Director or designee to execute related documents and amendments under certain conditions - All Districts |
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34125 |
APPROVED AS RECOMMENDED |
GENERAL
ADMINISTRATION
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County Executive Office: |
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32. |
Report on County financial and budget status - All Districts |
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PRESENTED |
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33. |
Receive report on estimated State budget for FY 2009-10 impacts to County of Orange; and direct County Executive Office to return with recommended budget adjustments through quarterly budget report process; and approve revised Sheriff-Coroner budget reduction plan - All Districts |
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43125 |
APPROVED AS RECOMMENDED |
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34. |
Approve Transfer agreement and Assignment, Assumption, and Amendment Lease with Judicial Council of California, Administrative Office of the Courts for Transfer of Responsibility and Leasehold Interest for court storage facility leased from CNH, LLC, Irvine; and instruct Auditor-Controller to make quarterly installment payments; authorize Chair and/or CEO or designee to execute any other documents necessary to complete transfer; and make California Environmental Quality Act findings - District 3 |
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B.O. |
DELETED |
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35. |
Approve Transfer and Joint Occupancy agreements with Judicial Council of California, Administrative Office of the Courts for Transfer of Responsibility and Leasehold interest for Harbor Justice Center, Laguna Hills Facility; and approve Assignment, Assumption, and Amendment of Lease for storage facility with XCTF5-Lake Hills, LLC; and instruct Auditor-Controller to make quarterly installment payments; authorize Chair and/or CEO or designee to assign any leases for third party tenants and execute Estoppel Certificate and any other documents necessary to complete transfer; and make California Environmental Quality Act findings - District 5 |
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B.O. |
DELETED |
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36. |
Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts |
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43125 |
RECEIVED AND FILED |
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37. |
Approve recommended grant application submitted by OC Parks in 9/29/09 grant report and other actions as recommended; and adopt resolution approving the filing of application for Habitat Conservation Fund (HCP) Program; and authorize Director of OC Parks to conduct all negotiations, execute and submit all documents - All Districts |
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31245 |
APPROVED AS RECOMMENDED |
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RESO:
09-158 |
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38. |
Approve cooperative agreement with Orange County Fire Authority regarding Proposition 1A Receivables and Reimbursements Attributable to Structural Fire Fund; and authorize Chair or her designee to execute agreement - All Districts |
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13245 |
APPROVED AS RECOMMENDED |
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39. |
Acting as the Legislative Body of Community Facilities District 2002-1 and 2003-1 (Ladera Ranch) - Approve amendment 3 to Series A of 2003 Bonds, CFD 2002-1 Acquisition Funding and Disclosure agreement and amendment 2 to Series A of 2004 Bonds, CFD 2003-1 Acquisition Funding and Disclosure agreement; make related findings; and authorize Chief Financial Officer to execute amendments - District 5 |
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51234 |
APPROVED AS RECOMMENDED |
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40. |
Approve proposed response to 2008-09 Grand Jury Report “Supplemental Guardian of Last Resort.” - All Districts (Continued from 9/22/09, Item 38) |
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B.O. |
CONTINUED TO 10/6/09, 9:30 A.M. |
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S40A. |
Chair Bates - Adopt resolution recognizing October 4 - 10, 2009 as "Lawsuit Abuse Awareness Week" |
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53124 |
APPROVED AS RECOMMENDED |
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RESO: 09-159 |
IV.
PUBLIC HEARINGS (Item 41)
ELECTED DEPARTMENT
HEADS
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41. |
Sheriff-Coroner - Public Hearing to consider approval of use of 2009-10 State Citizens' Options for Public Safety (COPS) Program Supplemental Law Enforcement Services Funds - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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31245 |
APPROVED AS RECOMMENDED |
V.
CLOSED SESSION (Items CS-1-CS-3)
GENERAL
ADMINISTRATION
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County Counsel: |
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CS-1. |
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to Government Code
Section 54956.9(c): |
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B.O. |
HELD, THE CLERK READ: THE BOARD BY A VOTE 4 TO 1, SUPERVISOR NORBY VOTING AGAINST, AUTHORIZED COUNTY COUNSEL TO FILE LITIGATION ON BEHALF OF THE COUNTY. THE IDENTITY OF THE PARTIES AND OTHER PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY ONCE THE ACTION IS FILED. |
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CS-2. |
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
Pursuant to Government Code Section 54956.9(a): |
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B.O. |
HELD, NO REPORTABLE ACTION |
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CS-3. |
Human Resources Department - CONFERENCE WITH LABOR
NEGOTIATOR - Pursuant to Government Code Section 54957.6: |
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B.O. |
HELD, NO REPORTABLE ACTION |
VI.
PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Gary Boatwright - Oral Re: Treatment of homeless by law enforcement |
COUNTY EXECUTIVE
OFFICER COMMENTS:
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None |
BOARD COMMENTS,
COMMITTEE, COMMISSION AND TRAVEL REPORTS:
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Supervisor Moorlach - Oral Re: Congratulations to Angels baseball team for winning Division Title |
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Supervisor Nguyen - Oral Re: CEO and Real Estate's coordination on lease extension in Westminster and Civic Center employee parking leases resulted in $360,000 in cost savings |
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Supervisor Campbell - Oral Re: Directed CEO to arrange for Mayor Curt Pringle to make same presentation to BOS that he made to OC Taxpayers Association on California Revenue Sources for the 21st Century |
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Chair Bates - Oral Re: Commended Emergency Operations staff for recent SONGS exercise and directed Donna Boston, County Emergency Manager, to make Board presentation on outcome of exercise within a month |
ADJOURNED: 1:14 P.M.
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51234 |
Adjourned in memory of Burt Scott |
*** 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 Norby |
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 |