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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: Supervisor Bates, Fifth District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
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Supervisor
Nguyen presented a resolution congratulating the Honorable John Nho Trong
Nguyen, Orange County Superior Court Judge on his retirement |
II. CONSENT CALENDAR (Items 1-21)
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15234 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 21 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE |
BOARD APPOINTMENTS
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Supervisor
Nguyen: |
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1. |
Development
Processing Review Committee - Appoint Crystal Burckle, Irvine, for term
concurrent with 1st District Supervisor's term of office |
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2. |
Acting
as the In-Home Supportive Services Advisory Committee - In-Home Supportive
Services Advisory Committee - Reappoint Phan Vu, Westminster, for term
ending 10/27/17 |
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3. |
Chairman Nelson - Appoint
Supervisor Todd Spitzer as regular member and Supervisor John M. W.
Moorlach as alternate member to the Orange County Criminal Justice
Coordinating Council for term ending 12/31/13 |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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4. |
Approve
amendment 1 to license agreement with State of California for California
Highway Patrol to lease additional space to operate radio equipment at
Bolero Peak Communications Facility; and make California Environmental
Quality Act findings - District 3 |
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5. |
Approve
amendment 3 to agreement MA-060-13011375 with Roy E. Hall, dba South Coast
Water Company assigning to Hannah Industries, Inc. dba South Coast Water
Company for maintenance of Ultra Pure Laboratory Water System, Orange County
Crime Lab, 5/1/13 - 4/30/14 ($6,500); and authorize Purchasing Agent or
authorized Deputy to execute amendment - All Districts |
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6. |
Approve
amendment 1 to agreement MA-060-14010438 with Premier Computing, Inc. for
help desk support for commissary operations system, 11/9/13 - 11/8/14
($24,000); and authorize Purchasing Agent or authorized Deputy to execute
amendment - All Districts |
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7. |
Ratify
and accept grant awards from State Office of Traffic Safety for Driving Under
the Influence Avoid Campaign ($114,232) and Selective Traffic Enforcement
Program ($163,000), 10/1/13 - 9/30/14;
and authorize Sheriff-Coroner or designee to execute grant award agreement
and related documents - All Districts |
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8. |
Accept
grant award from The Regents of the University of California School of Public
Health, Berkeley, for Sobriety Checkpoint Grant Program, 10/1/13 -
9/30/14 ($32,900); and ratify the approval by Sheriff-Coroner or designee of
related documents - District 5 |
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9. |
Ratify
and approve agreement PO-060-14010094 with PMW Associates for Team Leadership
workshop and Civilian Management seminar, 3/21/13, 4/22/13 and 5/17/13
($22,265); and authorize Sheriff-Coroner or designee to execute agreement -
All Districts |
HEALTH CARE AGENCY
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10. |
Approve
amendment 1 to lease agreement with Placentia-Yorba Linda Unified School
District for office space at George Key Elementary School for HCA
California Children's Services programs; and make California Environmental
Quality Act findings - District 4 |
JOHN WAYNE AIRPORT
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11. |
Approve
agreement with Bay City Equipment Industries, Inc. dba Bay City Electric
Works for 15,000 hour maintenance service on four QSV91-G6 generators at
Central Utility Plant ($695,000); authorize Purchasing Agent or authorized
Deputy to execute agreement and exercise cost contingency increase not to
exceed $35,000; and make California Environmental Quality Act findings -
District 2 |
OC COMMUNITY RESOURCES
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12. |
Approve
amendment 1 to agreements OCP11-005 with Stantec Consulting Services, Inc.
for on-call civil engineering services, extending term to 3/14/15; and
OCP11-006 with BonTerra Consulting for on-call environmental, planning and
regulatory permitting services, extending term to 5/2/15; and make California
Environmental Quality Act findings - All Districts |
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13. |
Approve
subgrant agreement with State California Employment Development Department
for Regional Cluster of Opportunity (RICO) II program, 7/1/13 - 12/31/14;
authorize Director or designee to execute agreement and other related
documentation required to administer the program and accept total award of
$248,000 and amend agreement under certain conditions; approve agreements
with Orange County Business Council ($77,500) and Pacific Gateway Workforce
Investment Network ($125,350), 8/1/13 - 12/31/14; and authorize Director or
designee to execute agreements and to exercise a contingency cost increase or
decrease not to exceed 10% under certain conditions and make line item budget
transfers - All Districts |
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14. |
Approve
ranked list of firms for on-call architectural-engineering services for
capital improvement and maintenance projects at public facilities for a
period of three years; authorize Director or designee to negotiate agreements
as needed with firms on approved slate up to $100,000 each, and to use
approved list to issue Request for Proposals when required per Contract
Policy Manual; and make California Environmental Quality Act findings - All
Districts |
OC PUBLIC WORKS
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15. |
Approve
agreement D13-079 with Orange County Transportation Authority for the Bus
Stop Maintenance Assistance Program, 12/1/13 - 11/30/14 ($7,390);
renewable for four additional years; authorize Director or designee to make
necessary modifications under certain conditions; and make California
Environmental Quality Act findings - Districts 1 and 3 |
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16. |
Approve
plans and specifications and set bid opening for 12/4/13, 2:00 p.m., for the
Island Way Roadway and Bridge Rehabilitation Project; and make California
Environmental Quality Act findings - District 5 |
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17. |
Approve
Tract Map 17559, RMV Community
Development, LLC; accept dedication for vehicular access rights; accept
easements for sewer, water, landscaping and survey monumentation; approve
agreement S1308-173 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 judgment of the County and satisfies requirements
under California Environmental Quality Act - District 5 |
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18. |
Approve
plans and specifications and set bid opening for 11/20/13, 2:00 p.m., for
Riverside Drive and Redlands Drive Improvements Project; and make
California Environmental Quality Act findings - District 2 |
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19. |
Acting as the Board of Supervisors and
Orange County Flood Control District - Receive
bids and award Job Order Contract to National Demolition Contractors for
asbestos removal and decontamination services ($500,000); and make California
Environmental Quality Act findings - All Districts |
GENERAL ADMINISTRATION
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20. |
Human Resource Services - Adopt
resolution approving continuation of military supplemental pay and
benefits provided by Resolution Nos. 01-350, 02-061,02-283, 03-068, 03-300,
04-053, 04-256, 05-044, 11-040 and 12-060 to be effective until National
Emergency ends, unless terminated earlier by the Board of Supervisors; and
direct staff to report to the Board on annual basis the status of military
supplemental pay program - Al Districts |
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RESO: 13-106 |
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21. |
Internal Audit - Receive
and file Internal Audit Department Monthly Status Report for September 2013
- All Districts |
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32154 |
APPROVED AS RECOMMENDED |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 22-37)
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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22. |
Approve
agreement MA-060-14010510 with Helinet Aviation Services, LLC for maintenance
and repair of two Forward Looking Infra-Red Star Safire 380-HD camera
systems, 10/22/13 - 10/21/14 ($100,000); renewable for four additional
one-year periods; and authorize Purchasing Agent or authorized Deputy to
execute agreement - All Districts |
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32154 |
APPROVED
AS RECOMMENDED |
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23. |
Approve
agreement MA-060-14010556 with Computer Deductions, Inc. to manage, supervise
and operate the Unisys mainframe computer and all Sheriff Data Center
operations, 11/1/13 - 10/31/18 ($3,250,000); and authorize Purchasing Agent
or authorized Deputy to execute agreement - All Districts |
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34125 |
APPROVED
AS RECOMMENDED |
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24. |
Treasurer-Tax Collector - Adopt
resolution authorizing Saddleback Valley Unified School District to issue
Saddleback Valley Unified School District General Obligation Bonds, Election
2004, Series 2013A; and authorizing acceptance of District Obligation for payment of County
costs and necessary documents and other related actions - Districts 3 & 5 |
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B.O. |
CONTINUED TO 11/5/13, 9:30 A.M. |
JOHN WAYNE AIRPORT
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25. |
Approve
lease with Transportation Security Administration for use of space at Thomas
F. Riley Terminal Building; and make California Environmental Quality Act
findings - District 2 (4/5 vote of members present) |
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25134 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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26. |
Approve
agreements CPO13-004 with Project Partners, Inc. for on-call project
management and contract administration services ($400,000), CPO13-005
with Swift Lee Office, Inc. for on-call architectural services ($400,000) and
CPO13-006 with Willdan Engineering for on-call civil engineering services
($400,000), three-year terms commencing date of execution; and make
California Environmental Quality Act findings - All Districts |
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25134 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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27. |
Approve
agreements D13-066 with Willdan Engineering, D13-067 with Onward Engineering,
D13-068 with GHD Incorporated, D13-069 with Civil Works Engineers
Incorporated, D13-070 with Moffatt & Nichol and D13-071 with Atkins North
America Incorporated for on-call support services for road projects,
three-year terms ($300,000 each); and make California Environmental Quality
Act findings - All Districts |
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24135 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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28. |
Approve
amended and restated agreement with Republic Waste Services of Southern
California, LLC for solid waste importation to generate revenue to offset
cost of landfill operations and expansion; authorize Director or designee to
execute agreement; and find that Final Environmental Impact Report 588,
RELOOC Strategic Plan, previously certified by Board of Supervisors on April
17, 2007, Final Environmental Impact Report 604, previously certified by the
Board of Supervisor's on 8/15/2006, and Final Environmental Impact Report
575, previously certified by the Board
of Supervisor's on 11/6/2001, with addenda reflect the independent judgment
of the County of Orange and satisfy the requirements of California
Environmental Quality Act for the proposed project, which is a necessarily
included element contemplated as part of the action - Districts 3, 4 & 5 |
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53124 |
APPROVED AS RECOMMENDED |
PUBLIC PROTECTION
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29. |
Probation - Approve
master Memorandum of Understanding with various cities for enhanced law
enforcement services and other authorized expenses for continued
implementation plan for Public Safety Realignment and Postrelease Community
Supervision, 7/1/13 - 6/30/14; and authorize Chief Probation Officer to
execute and renew individual MOU's - All Districts |
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23154 |
APPROVED AS RECOMMENDED |
SOCIAL SERVICES AGENCY
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30. |
Select
Mexican American Opportunities Foundation for early childhood education
services, Tustin Family Campus Early Childhood Development Center, 3/1/14
- 6/30/17; authorize negotiation of agreement for Board approval - District 3 |
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31254 |
APPROVED AS RECOMMENDED |
GENERAL ADMINISTRATION
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31. |
County Counsel - Approve
amendment 2 to agreement with Norman Traub for personal investigations
legal services, 8/16/12 - 10/31/13 ($10,000; new total $59,000); and
authorize Purchasing Agent or authorized Deputy to execute agreement - All
Districts |
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25134 |
APPROVED AS RECOMMENDED |
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County
Executive Office: |
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32. |
Approve
revised Supplement to Base Closure Homeless Assistance agreement with
Community Action Partnership of Orange County and delegate authority to
Chief Real Estate Officer or designee to execute agreement and all necessary
documents related to conveyance and reconveyance of Warehouse 360; and find
that Final Environmental Impact Report 47782-GA & 47785-ZC, prepared and
certified by the City of Irvine, reflect the independent judgment of the
decision-maker and satisfy the requirement of California Environmental
Quality Act for the reuse of MCAS El Toro, which is a necessarily included
element contemplated as part of the larger action - Districts 3 & 4
(Continued from 8/20/13, Item 25) |
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B.O. |
DELETED |
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33. |
Acting
as the Successor Agency to the Orange County Development Agency - Adopt
resolution authorizing Issuance and Sale of Tax Allocation Refunding
Bonds; approving the Form of Indenture of Trust, Preliminary Official
Statement, Bond Purchase Contract, Continuing Disclosure agreement, 2003
Bonds Escrow agreement, Santa Ana Heights Project area; and authorizing
certain other actions in connection therewith; and making related findings -
District 2 |
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21354 |
APPROVED
AS RECOMMENDED |
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RESO: 13-107 |
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34. |
Approve
in concept issuance of short-term Taxable Pension Obligation Bonds for early
payment of County's FY 2014-15 employer pension obligation; and select
KNN Public Finance as financial advisor and Orrick Herrington &
Sutcliffe, LLP as bond counsel - All Districts |
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21354 |
APPROVED
AS RECOMMENDED |
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35. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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24135 |
APPROVED
AS RECOMMENDED |
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36. |
Approve
grant applications/awards submitted by District Attorney and ratify
retroactive grant applications/award submitted by OC Community
Resources/OC Parks in 10/22/13 grant report and other actions as recommended;
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
Stormwater Runoff Quality and Quantity Control Best Management Practices
(BMP) Project; and make California Environmental Quality Act findings - All
Districts |
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34125 |
APPROVED
AS RECOMMENDED |
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RESO: 13-108 |
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37. |
Supervisor Nguyen - Receive
and file 19th Annual Report on the Conditions of Children in Orange
County |
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B.O. |
RECEIVED AND FILED |
IV. PUBLIC HEARINGS (Item 38)
OC PUBLIC WORKS
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38. |
Relying
upon Mitigated Negative Declaration IP 08-048 and Addendum IP 12-010 as
compliance under the California Environmental Quality Act, conduct public
hearing to consider reading and adoption of "An Ordinance of the County
of Orange, California Adding Section 7-1-2 of the Codified Ordinances of the
County of Orange Related to Reasonable Accommodation", "An
Ordinance of the County of Orange, California Amending Sections 7-9-24,
7-9-26, 7-9-40 and 7-9-41 of the Codified Ordinances of the County of Orange
Related to Definitions of Community Care Facility, Emergency Shelter,
Supportive Housing and Transitional Housing", "An Ordinance of the
County of Orange, California Amending Section 7-9-34 and Section 7-9-148, ET.
SEQ., of the Codified Ordinances of the County of Orange Related to the
Definition of Multi-Service Center for the Homeless, Housing Opportunities
Overlay Regulations and Emergency Shelter/Multi-Service Center for the
Homeless Site Development Standards and Operational Requirements",
"An Ordinance of the County of Orange, California Amending Section
7-9-40 and Section 7-9-140 of the Codified Ordinances of the County of Orange
Related to the Definition of Senior Citizen and Senior Citizen Housing, and
Density Bonus Regulations" and "An Ordinance of the County of
Orange, California Adding Section 7-9-148.7 (c) of the Codified Ordinances of
the County of Orange Related to Graduated Density Zoning" - All
Districts (Continued from 10/8/13, Item 17) |
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B.O. |
CONTINUED TO 11/5/13, 9:30 A.M. |
V. CLOSED SESSION (Items CS-1-CS-6)
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, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF CALIFORNIA
DEPARTMENT OF FINANCE, ET. AL. V. JAN GRIMES, ETC. 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. |
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CS-2. |
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
Section 54956.9(d)(1). |
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B.O. |
HELD,
THE CLERK READ: THE BOARD BY A
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF SANDRA CHARETTE
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-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 HAYWARD MILLER
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. |
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 DAWN ARTHUR 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-5. |
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 JANE ANDREWS 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-6. |
Human Resource Services - 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 COMMENTS & ADJOURNMENT
PUBLIC COMMENTS:
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Michael
Klubnikin - Oral Re: CalOptima, loss of his Mother's estate |
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Ilya Tseglin & Robert Tseglin - Oral
Re: Nate Tseglin, OC Regional Center, SSA, and District Attorney |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Supervisor Spitzer - Oral Re: Decorum at
public meetings and United Way Golf Tournament |
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Supervisor Nguyen - Oral Re: Free flu shot
clinic held |
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Vice Chair Bates - Oral Re: 6th Annual
South County Disaster Preparedness and tour of new U.S. Naval Hospital at
Camp Pendleton |
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Supervisor Moorlach - Oral Re:
Quasquicentennial, Library Advisory Board, CALAFCO's Government Leadership
Award for Unincorporated Communities Task Force, Baker Canyon fire |
ADJOURNED:
12:30 P.M.
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54123 |
Adjourned in memory of Tom Goodall |
***
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 |