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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: |
INTERIM 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 Nelson, Fourth District, gave the invocation
PLEDGE OF ALLEGIANCE: Supervisor Campbell, Third District, led the
assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
II. CONSENT CALENDAR (Items 1-22)
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34152 |
APPROVED AS RECOMMENDED WITH THE EXCEPTION
OF ITEM 16 WHICH WAS CONTINUED TO 1/29/13, 9:30 A.M.; ITEMS 19 AND 21 WHICH
WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; AND ITEM 10 WHICH WAS MOVED TO
DISCUSSION TO BE HEARD WITH PUBLIC HEARING FOR ITEM 37 |
BOARD APPOINTMENTS
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1. |
Supervisor Bates - Orange
County Cemetery District - Reappoint Leslie Ann Keane, Laguna Woods, for
term ending 1/4/16 |
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2. |
Supervisor Nguyen - Orange
County Historical Commission - Appoint Philip C. Chinn, Santa Ana, for
term concurrent with 1st District Supervisor's term of office |
ELECTED DEPARTMENT HEADS
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Sheriff-Coroner: |
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3. |
Approve
amendment 5 to agreement MA-060-13010622 with Susan Saxe-Clifford, Ph.D.
for psychological evaluation services, 12/31/12 - 12/30/13 ($115,000
decrease; new total $465,000); and authorize Purchasing Agent or authorized
Deputy to execute amendment - All Districts |
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4. |
Approve
agreement 12-204-799 with State Department of Boating and Waterways for
marine law enforcement training classes ($23,000); and authorize
Sheriff-Coroner Sandra Hutchens to execute agreement - All Districts |
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5. |
Treasurer-Tax Collector - Adopt
resolution approving public auction sale
#1384 of tax-defaulted real property - All Districts |
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RESO: 12-166 |
HEALTH CARE AGENCY
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6. |
Approve
renewal of master agreement MA-042-12011118 as MA-042-13010727 with
Insight Enterprises, Inc. for software maintenance and support services,
1/1/13 - 12/31/13 ($138,000); authorize Purchasing Agent or authorized Deputy
to execute agreement - All Districts |
JOHN WAYNE AIRPORT
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7. |
Approve
agreement with United States Department of Agriculture Animal and Plant
Health Inspection Service Wildlife Services for Wildlife Hazard Assessment
and Mitigation services, 12/5/12 - 12/4/17 ($335,000); authorize Purchasing
Agent or authorized Deputy to execute agreement; and make California
Environmental Quality Act findings -District 2 |
OC COMMUNITY RESOURCES
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8. |
Approve
amendment 1 to agreement MA-012-13010672 with Sirsi Corporation dba
SirsiDynix for software maintenance service for Integrated Library System,
12/16/12 - 7/31/13 ($82,500) - All Districts |
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9. |
Approve
lease with City of Villa Park for Villa Park Branch Library space at no-cost;
and make California Environmental Quality Act findings - District 3 |
OC PUBLIC WORKS
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10. |
Approve
agreement D12-073 with Orange County Transportation Authority and the
Cities of Irvine, Laguna Hills, and Lake Forest to amend Master Plan of
Arterial Highways; approve reprogramming of Coastal Area Roadway Improvements
and Traffic Signal Program funds; direct Auditor-Controller to make related
payments; and make California Environmental Quality Act and other findings -
District 5 |
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35142 |
APPROVED AS RECOMMENDED |
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11. |
Approve
agreement D12-067 with Orange County Transportation Authority for La
Colina Drive Pavement Rehabilitation Project funding North Tustin area
($763,680); and make California Environmental Quality Act findings - District
3 |
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12. |
Approve
agreement D12-069 with Orange County Transportation Authority for funding
of Dale Street Reconstruction Project ($157,800); and make California
Environmental Quality Act findings - District 2 |
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13. |
Approve
agreement D12-068 with Orange County Transportation Authority for funding
of Skyline Drive Reconstruction Project North Tustin area ($251,935); and
make California Environmental Quality Act findings - District 3 |
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14. |
Approve
plans and specifications and set bid opening upon federal approval for San
Juan Creek Bike Trail Improvement Project; and make California Environmental
Quality Act findings - District 5 |
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15. |
Approve
plans and specifications and set bid opening for 1/9/13, 2:00 p.m., for
slurry seal of various streets; make California Environmental Quality
Acts findings; and approve agreement D12-037 with the City of Tustin for
rehabilitation of streets (Phase 1 Project, $72,532; Phase 2 Project $25,945)
- Districts 2 and 3 |
SOCIAL SERVICES AGENCY
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16. |
Approve
plans and specifications and set bid opening for 1/30/13, 2:00 p.m., for
replacement of energy management system at Orangewood Children and Family
Center; and make California Environmental Quality Act findings - District 3
(Continued from 11/20/12, Item 27) |
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34152 |
CONTINUED TO 1/29/13, 9:30 A.M. |
GENERAL ADMINISTRATION
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Clerk of the
Board: |
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17. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filers
Exhibits for Assessor, Health Care Agency, John Wayne Airport, OC Community
Resources and the Public Administrator/Public Guardian Department - All
Districts |
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18. |
Approve
proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for the Anaheim Union High School District, Irvine Unified School
District, Nova Academy Early College High School, Ocean View School District,
Buena Park Library District, Rancho Santiago Community College District,
Orange County Employees Retirement System,
Municipal Water District of Orange County, Municipal Water District of
Orange County Water Facilities Corporation, Yorba Linda Water District and
Yorba Linda Water District Public Financing Corporation - All Districts |
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19. |
Adopt
amended Board of Supervisors Rules of Procedure, Chapter VIII
Participation by the Public, Rules 44, 45, 46 and 47 to be effective upon
adoption - All Districts |
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32145 |
APPROVED
RECOMMENDED RULE AMENDMENTS AS MODIFIED TO REMOVE THE THIRD SENTENCE IN
PROPOSED RULE 47 BEGINNING WITH "EACH TIME A MEMBER OF THE
PUBLIC..." |
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20. |
County Executive Office - Adopt
resolution approving FY 2011-12 Measure M2 Expenditure Report; and make
California Environmental Quality Act findings - All Districts |
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RESO: 12-167 |
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Registrar of
Voters: |
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21. |
Receive
and file certification of election results for November 6, 2012 General
Election - All Districts |
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23145 |
APPROVED
AS RECOMMENDED |
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22. |
Receive
and file certification of results of October 23, 2012 Board of Retirement
election; and declare elected the person having the highest number of votes
for General Member for three year term, commencing 1/1/13 - All Districts |
END OF
CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 23-34)
ELECTED DEPARTMENT HEADS
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District
Attorney: |
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23. |
Approve
agreement MA-026-13010867 with Southern California Private Investigators,
Inc. for document analysis services, 1/1/13 - 12/31/13; renewable for four
one-year periods ($200,000); and authorize Purchasing Agent to execute
agreement and exercise contingency contract cost increase not to exceed 10%
without further Board action - All Districts |
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43152 |
APPROVED
AS RECOMMENDED |
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24. |
Approve
amendment 8 to renew agreement MA-026-112011015 with The Bode Technology
Group, Inc. for DNA processing services, 1/1/13 - 12/31/13 ($1,368,000); and
authorize |
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45132 |
APPROVED
AS RECOMMENDED |
OC DANA POINT HARBOR
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25. |
Approve
lease with Dana Point Yacht Club for continuation of ocean access,
membership provisions and services for boating community and general public,
ten year term, renewable with additional option to extend lease up to 10
years; and make California Environmental Quality Act findings - District 5
(4/5 vote of the members present) |
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51342 |
APPROVED AS RECOMMENDED |
OC COMMUNITY RESOURCES
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26. |
Approve
plans and specifications and set bid opening for 1/23/13, 2:00 p.m., for Job
Order Contract P010 thru P015; and make California Environmental Quality Act
findings - All Districts |
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35142 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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27. |
Authorize
Director or designee to adjust Manchester Parking Facility parking rates
effective 1/1/13; and make California Environmental Quality Act findings -
District 3 |
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B.O. |
CONTINUED TO1/29/13, 9:30 A.M. |
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28. |
Receive
bids and award contract to Griffith Company for construction of Moulton
Parkway Widening Segment 3, Phase II Project ($9,302,214.25); approve
Proposition 1B State-Local Partnership Program funds ($3,421,017); approve
agreement D12-052 with El Toro Water District for relocation and adjustment
of District facilities within Moulton Parkway Widening project; and make
California Environmental Quality Act findings - District 5 |
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54132 |
APPROVED AS RECOMMENDED |
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29. |
Acting as the Orange County Flood Control
District - Approve
agreements D12-056 with Hunsaker & Associates Irvine, Inc., D12-057
with WRC Consulting Services, Inc., and D12-058 with PENCO Engineering, Inc.,
for on-call architect and engineering professional services to supplement
County resources for completing Orange County Flood Control District
projects, three-year terms ($400,000 each); and make California Environmental
Quality Act findings - All Districts |
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34152 |
APPROVED AS RECOMMENDED |
OC WASTE & RECYCLING
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30. |
Approve
agreement with New Irvine Ranch Conservancy to restore and enhance habitat in
Agua Chinon Wash area of Limestone-Whiting Wilderness Park, 1/1/13 -
6/30/23 ($2,832,000); and adopt resolution approving escrow agreement with
State Department of Fish and Game ($879,010); and authorize Treasurer-Tax
Collector or designee to execute agreement; adopt resolution approving pledge
of revenue with U.S. Army Corps of Engineers for wetland creation and Agua
Chinon Wash riparian restoration and enhancement mitigation sites, Frank R.
Bowerman Landfill ($10,221 per year; adjusted annually by CPI); authorizing
Auditor-Controller to make related payments and dissolve existing escrow
agreement for the San Joaquin Marsh Phase II project; and make California
Environmental Quality Act findings - District 3 (4/5 vote of the members
present) |
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35142 |
APPROVED AS RECOMMENDED |
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RESO: 12-168 -
12-169 |
SOCIAL SERVICES AGENCY
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31. |
Ratify
emergency agreement PO-063-13010834 with OP Almaraz dba Allied Restoration
Services Inc. for emergency sanitation clean-up at 800/840 N. Eckhoff
St., Orange, 9/1/12 - 9/3/12 ($182,186.05); and make related findings -
District 3 (4/5 vote of members present) (Continued from 10/23/12, Item 17;
11/20/12, Item 43) |
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31452 |
APPROVED AT REVISED AGREEMENT AMOUNT OF
$122,880.42 |
GENERAL ADMINISTRATION
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County
Executive Office: |
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32. |
Approve
recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts |
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53142 |
RECEIVED
& FILED |
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33. |
Approve
grant applications/awards submitted by District Attorney and Sheriff-Coroner
in 12/4/12 grant report and other actions as recommended; adopt
resolution authorizing District Attorney or designee to execute grant
agreement and amendments with State Office of Traffic Safety (OTS) for
Alcohol and Drug Impaired Driver Vertical Prosecution Program, 10/1/12 -
9/30/13 ($480,000); and make California Environmental Quality Act and other
findings; adopt resolution authorizing Sheriff-Coroner to submit and execute
application with Board of State and Community Corrections (BSCC) for 2012-13
Anti-Drug Abuse (ADA) Enforcement Teams Program ($528,547) - All Districts |
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14352 |
APPROVED
AS RECOMMENDED |
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RESO: 12-170 - 12-171 |
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34. |
Response
to 10/30/12 Board Directive - Direct CEO and Human Resource Services to
modify draft job descriptions for Clerk-Recorder and Public Administrator
as needed; and provide direction to staff concerning selection process and
timing to fill vacant countywide elected positions - All Districts (Continued
from 11/20/12, Item 50) |
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51342 |
ADOPTED
STAFF RECOMMENDED TIMELINE FOR THE BOARD TO MAKE INTERIM APPOINTMENTS TO THE
POSITIONS OF AUDITOR/CONTROLLER, CLERK-RECORDER AND PUBLIC ADMINISTRATOR;
DIRECTED STAFF TO PROVIDE AN OPEN PROCESS FOR INTERESTED PERSONS TO APPLY FOR
AN APPOINTMENT AND DIRECTED COUNTY COUNCIL TO DETERMINE WHO IS ELIGIBLE TO
APPLY AND WHETHER AN INTERIM APPOINTEE CAN REMAIN AS A COUNTY EMPLOYEE AND
NOT ASSUME THE ELECTED OFFICE |
IV. PUBLIC HEARINGS (Items 35-37)
ELECTED DEPARTMENT HEADS
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35. |
Sheriff-Coroner - Public
Hearing to consider adopting resolution approving fee for each inmate-initiated
medical visit, effective 2/15/13 ($3.00); and make California Environmental
Quality Act findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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43152 |
APPROVED AS RECOMMENDED |
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RESO: 12-172 |
OC COMMUNITY RESOURCES
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36. |
Acting as the Board of Supervisors and
Orange County Housing Authority - Conduct
Public Hearing to consider adopting FY 2013-14 Funding Allocation Policy
and process for Housing and Community Development activities - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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45132 |
APPROVED AS RECOMMENDED |
OC PUBLIC WORKS
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37. |
Public
Hearing to consider adopting resolution approving General Plan Amendment GPA
12-03 for Transportation and Recreation Element update; and make
California Environmental Quality Act and other findings - All Districts |
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B.O. |
CLOSED PUBLIC HEARING |
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35142 |
APPROVED AS RECOMMENDED |
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RESO: 12-173 |
V. CLOSED SESSION (Items CS-1-SCS6)
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 UNANIMOUS
VOTE, AUTHORIZED COUNTY COUNSEL TO RETAIN JACOBS & DODDS, AND TO FILE
LITIGATION. 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. |
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code
Section 54956.9(b): |
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B.O. |
HELD,
NO REPORTABLE ACTION |
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CS-4. |
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
UNANIMOUS VOTE, APPROVED A PROPOSED SETTLEMENT IN THE CASE OF ARNOLD AND
MEI-LING APPLEBAUM V. COUNTY OR 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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Human Resource
Services: |
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CS-5. |
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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SCS6. |
PUBLIC
EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957: |
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B.O. |
HELD,
NO REPORTABLE ACTION |
VI. PUBLIC, CEO, BOARD & EMAIL COMMENTS
& ADJOURNMENT
PUBLIC COMMENTS:
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Michael Lerman - Oral Re: unlawful election of Barrack Obama to
President of the United States |
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Michael Klubnikin, Ilya Tseglin, Robert
Tseglin, Tim Hoover and Daniel Sulton - Oral Re: Nate Tseglin |
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Darrell Nolta - Oral Re: Shoreline Ambulance Service in
Westminster, theft of bicycle, Sheriff Hutchens |
COUNTY EXECUTIVE OFFICER COMMENTS:
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None |
BOARD COMMENTS, COMMITTEE, COMMISSION AND
TRAVEL REPORTS:
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Chairman Moorlach - Oral Re: AB 1234 trip report to CSAC conference and
Urban County Caucus meetings; congratulated Edison High school on their CIF
Title victory |
ADJOURNED:
1:00 P.M.
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52134 |
Adjourned im memory of John
"Jack" Leahy |
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32145 |
Adjourned in memory of Bob Santos |
***
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 |