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Todd Spitzer - Supervisor Third District
June 20, 2014 Volume 2 Issue 24
Supervisor Spitzer Fights State Proposal to “Game” Definition of Recidivism by Mandating New Convictions

Supervisor Todd Spitzer testifies in Los Angeles at Thursday’s hearing of the Board of State and Community Corrections regarding the definition of “recidivism” in state regulations.
 
On Tuesday, at the urging of Supervisor Todd Spitzer, the Orange County Board of Supervisors voted to persuade the Board of State and Community Corrections (BSCC) to amend a proposed definition of recidivism. The Board of Supervisors expressed concerns that the proposal being considered by the BSCC would overly narrow the definition of recidivism. District Attorney Tony Rackauckas was very instrumental in providing arguments to the Board of Supervisors in order to formulate a position. Supervisor Spitzer, Supervisor Janet Nguyen’s office, and District Attorney Rackauckas then testified at Thursday’s BSCC hearing in Los Angeles.

“Defining ‘recidivism’ narrowly will paint a false picture by not measuring true recidivism,” Supervisor Todd Spitzer said. “A pared down definition of ‘recidivism’ will incorrectly portray AB 109 as ‘working’ when in reality many AB 109 criminals are on probation and re-offending.”

(AB 109 is a state law that moves many criminals from State prison to County jails.) The BSCC is considering a definition of recidivism that reads, “Recidivism is defined as a conviction of a new crime committed within three years of release from custody or committed within three years of placement on supervision for a previous criminal conviction.”

Due to the narrow scope of its wording, the proposed definition fails to take into account individuals who are released on parole or probation. When parolees or probationers re-offend, they would not be counted under recidivism calculations.

The Board of Supervisors proposed that the BSCC adopt this broader definition: “Recidivism is defined as a conviction of a new crime committed within three years of release from custody or committed within three years of placement on supervision for a previous criminal conviction or a sustained parole or probation violation of the underlying offense, or any new lawful arrest whether or not it leads to imprisonment in any penal institution. Recidivism also includes those who are sentenced to programs which are not considered a conviction under PC 1000 (drug diversion) and PC 1210 (non-violent drug possession offense).”

Supervisor Spitzer and Supervisor Janet Nguyen’s office testified on behalf of the Orange County Board of Supervisors at Thursday’s hearing of the BSCC in Los Angeles. District Attorney Tony Rackauckas testified on behalf of his office at the same hearing.

The BSCC has held two public hearings on the definition of recidivism, one in Fresno on June 18 and one in Los Angeles on June 19. The BSCC will hold its third and final public hearing on the definition in San Francisco on June 25. The BSCC will continue to accept public comment on the definition until July 3 by email at recidivism@bscc.ca.gov or by mail at

Board of State and Community Corrections
Attn: Ricardo Goodridge
600 Bercut Drive
Sacramento, CA 95811
 
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Supervisors Approve Reforms to County Procurement Processes
On Tuesday, the Board of Supervisors approved nine recommendations from Supervisors Todd Spitzer and Janet Nguyen to improve County procurement processes for contracts under $25,000. Working in concert with the two Supervisors’ recommendations, the Office of the Performance Audit Director brought 30 additional recommendations on Countywide purchasing, which were approved by the Board of Supervisors on the same day. This week, the Grand Jury published four recommendations relating to the structure of County procurement and training procedures, which will be considered at another Board meeting.

“This is a unique opportunity to examine how we do County procurement,” Supervisor Spitzer said. “All of these things are coming together at the same time: the recommendations from Supervisor Nguyen and me, the recommendations from the Performance Auditor, and the recommendations from the Grand Jury.”

During the process to appoint a new Clerk-Recorder (to replace the previous Clerk-Recorder who had resigned to enter the State Assembly) in April 2013, significant controversy arose about various contracts under $25,000 that were issued by the former Clerk-Recorder.

In August 2013, Supervisor Spitzer revealed the initial results of a review of County contracts below $25,000. The review found that over a four-year period, more than 17,000 contracts totaling $85,000,000 had been issued by Department heads without any review by the Board of Supervisors, the County Executive Office, or the public. This averaged 4,200 contracts per year with an annual total of $21,000,000.

The Board of Supervisors then appointed Supervisors Nguyen and Spitzer to a subcommittee to make recommendations for the reform of procedures related to these contracts. The subcommittee recommendations focused on requiring more information about the contracts being made available and on increasing the transparency of the contracts. The subcommittee’s recommendations can be read here and here.

Working in parallel with the Nguyen-Spitzer subcommittee, the Office of the Performance Audit Director conducted a broader audit of Countywide purchasing. The Performance Auditor’s recommendations focused on increasing efficiencies in the Countywide purchasing processes. The Performance Auditor’s report and recommendations can be read here.

While the Nguyen-Spitzer subcommittee and the Performance Auditor’s work was underway, the Grand Jury also examined County procurement. The Grand Jury’s recommendations focused on the structure of County procurement and on increased training for County staff. The Grand Jury’s report and recommendations can be read here.

The recommendations from the Nguyen-Spitzer subcommittee and the Performance Audit Director were both published for public review on June 11 and approved by the Board of Supervisors on June 17. The Grand Jury published its recommendations for public review on June 16, with responses from the County due in August.
 
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Supervisor Spitzer Proposes Prohibition on Circulating Candidate Nomination Papers to County Employees at Work
This week, Supervisor Todd Spitzer proposed a County ordinance to prohibit any person from asking a County employee to sign candidate nomination papers when that employee is at his or her workplace. The ordinance will be considered at the June 24 Board of Supervisors meeting.

“It’s a slippery slope to allow County employees to sign election documents during work hours, even if it is during a break or lunch (an often abused excuse),” Supervisor Spitzer said. “There are plenty of places where signatures can be obtained without getting people in trouble when these employees simply want to be helpful. How do you gracefully say ‘no’ to your boss running for re-election or to someone who could, upon election, be your future boss? This ordinance helps candidates and employees stay out of trouble.”

The one-sentence ordinance simply states, “No person may solicit for the nomination paper for any local, state, or federal office the signature of any County employee at his or her workplace.”

If the ordinance passes its first reading on June 24, then the ordinance will be set for a second reading at the July 15 Board meeting. If adopted on July 15, the ordinance will take effect 30 days later, on August 14.
 
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Board of Supervisors Approves Rehabilitation Projects for Portions of Hewes St. & Fairhaven Ave.

The Board of Supervisors approved rehabilitation plans for the portions of Hewes St. shaded above. Click on the image above to view a PDF version.
 
This week, the Board of Supervisors approved a cooperative agreement with the City of Orange for plans to rehabilitate portions of Hewes Street and of Fairhaven Avenue. The agreement will rehabilitate Hewes Street from Fowler Avenue to Fairhaven Avenue and rehabilitate Fairhaven Avenue from Yorba Street to the 55 Freeway.

“This agreement is just a small demonstration of the good work we can do as regional partners when different governments cooperate for the public good,” Supervisor Todd Spitzer said. “I thank the City of Orange and our County staff for working together to improve these portions of Hewes and Fairhaven.”

The project sites for Hewes Street and for Fairhaven Avenue each cross jurisdictional lines, lying partly in unincorporated County areas and partly in the incorporated City of Orange. Under the terms of the cooperative agreement, the County will rehabilitate Hewes Street while the City will rehabilitate Fairhaven Avenue.

The City would need to pay the County approximately $16,000 to reimburse the County for its work in the City’s boundaries on Hewes Street. The County would need to pay the City approximately $16,000 to reimburse the City for its work in the County’s jurisdiction on Fairhaven Avenue. As the reimbursement amount for the two projects is substantially the same, the County and the City have agreed to not reimburse each other for the costs, as it would be redundant for the County and the City to pay each other for effectively equal amounts.
 

The Board of Supervisors approved rehabilitation plans for the portions of Fairhaven Ave. shaded above. Click on the image above to view a PDF version.
 
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Board of Supervisors Approves Villa Park Dam Subdrain Maintenance Project

Click on the image above to view a PDF version.
 
The Orange County Board of Supervisors this week approved the Villa Park Dam Subdrain Maintenance Project. The project will strengthen flood protection from Santiago Creek for residences, schools, and businesses in Villa Park, Orange, Tustin, and North Tustin.

“This project will help better protect the residents and businesses of substantial portions of the Third District,” Supervisor Todd Spitzer said. “I thank our OC Public Works and Flood Control District staff for their proactive work to protect my constituents.”

The project will add a valve to the subdrain of the Villa Park Dam, along with a concrete pad and entrance ramp to access the valve. The installation of the valve will improve subdrain maintenance by enabling temporary shutoffs of subdrain flow.

Assuming final project plans are approved by the Board of Supervisors this summer, OC Public Works and OC Flood Control District staff expect construction on the project to begin in September.
 
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Time is Running Out to Enter the 2014 Eco Challenge Poster Contest, Entries Are Due Monday, June 30

Last year’s Third District winner, Mia Mongan, with the poster she designed.
 
(Portions courtesy of OC Waste & Recycling)

The chance to be an Honorary Bat Kid at a 2014 Angels baseball game ends soon. Orange County residents between the ages of 8 and 14 have until Monday, June 30, 2014 to submit their posters and be eligible to win. Among other prizes, the five winners of the contest will serve as Honorary Bat Kids. Visit www.discoverycube.org/batkid for contest rules and eligibility.

“This contest is a unique opportunity for students to learn about the environment and take advantage of a once-in-a-lifetime opportunity at an Angels baseball game,” Supervisor Todd Spitzer said. “I encourage all Third District children to enter the contest in the next ten days.”

Posters must be delivered in person or mailed to Discovery Science Center. Five lucky winners (one from each of Orange County’s Supervisorial District) will be awarded the status of Honorary Bat Kid during one of five predetermined Angels Baseball home games in July, August or September 2014. Winners will also receive the following:
  • Four tickets to a predetermined Angels home game
  • Complimentary parking for the game
  • One Bat Kid uniform
  • One official baseball for autographs
  • One on-field credential for dugout access (for Bat Kid only)
  • Recognition on the video board during pre-game activities
  • One professional field photo
 
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Pet of the Week

Click on the image above to view a PDF version.


Click on the image above to view a PDF version.
 
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Events Around the District
Anaheim
Illusionist Allen Oshiro
Monday, June 23, 6:30 PM
Anaheim Public Library – Canyon Hills Branch, 400 Scout Trail

Irvine
Garden Beats Music Exploration
Sunday, June 22, 2:00 PM – 3:00 PM
Orange Count Great Park, Sand Canyon and Marine Way

Orange
Drumming Circle
Saturday, June 21, 10:30 AM – 12:00 PM
Orange Public Library & History Center, 407 E. Chapman Ave.

Silverado
8th Annual Silverado Summer Concert Series
Jeff Sarkissian, Alter Billies, and Kelly Boyz & the Loose Cannons
Saturday, June 21, 6:00 PM – 10:00 PM
Silverado Community Center, 27641 Silverado Canyon Rd.

Tustin
Concert in the Park
Wednesday, June 25, 6:00 PM – 8:00 PM
Peppertree Park, 230 W. First St.

Villa Park
Villa Park 5K & 10K Run/Walk
Saturday, June 21, 7:30 AM
Villa Park High School, 18042 Taft Ave.

Yorba Linda
Science Show
Thursday, June 26, 6:30 PM – 7:15 PM
Yorba Linda Public Library, 18181 Imperial Hwy.

 
Table of Contents
orange arrow Supervisor Spitzer Fights State Proposal to “Game” Definition of Recidivism by Mandating New Convictions
orange arrow Supervisors Approve Reforms to County Procurement Processes
orange arrow Supervisor Spitzer Proposes Prohibition on Circulating Candidate Nomination Papers to County Employees at Work
orange arrow Board of Supervisors Approves Rehabilitation Projects for Portions of Hewes St. & Fairhaven Ave.
orange arrow Board of Supervisors Approves Villa Park Dam Subdrain Maintenance Project
orange arrow Time is Running Out to Enter the 2014 Eco Challenge Poster Contest, Entries Are Due Monday, June 30
orange arrow Pet of the Week
orange arrow Events Around the District
DISTRICT STAFF
 
Martha Ochoa
Chief of Staff

Chris Nguyen
Senior Policy Advisor

Carrie O'Malley
Senior Policy Advisor

Martin Gardner
Policy Advisor

Christine Richters
Executive Aide

 
 
District Map
third District Map
Anaheim, Irvine, Orange, Tustin, Villa Park, Yorba Linda, El Modena, North Tustin, Orange Park Acres, the Canyon Communities
 
 
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