REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, February 2, 2010,
9:30 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR                  

333 W. Santa Ana Blvd., 10 Civic Center Plaza    

Santa Ana, California              

 

JANET NGUYEN                           

CHAIR                                  

First District     

 

BILL CAMPBELL                          

VICE CHAIRMAN                          

Third District     

JOHN M. W. MOORLACH                    

SUPERVISOR                             

Second District    

 

 

VACANT                                 

SUPERVISOR                             

Fourth District    

PATRICIA BATES                         

SUPERVISOR                             

Fifth District     

 

ATTENDANCE:  All Present

 

EXCUSED:          None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Thomas G. Mauk

 

COUNTY COUNSEL

 

Nicholas S. Chrisos

 

CLERK OF THE BOARD

 

Darlene J. Bloom

 

INVOCATION:  Supervisor Campbell, Third District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Bates, Fifth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chair Nguyen recognized graduates of Orange County Leadership Academy XII

 

Supervisor Moorlach presented a resolution recognizing Robert Aldrich, past Executive Director of the Orange County Local Agency Formation Commission on his retirement

 

Chair Nguyen presented a resolution proclaiming February 2010 as "American Heart Month"

 

II.   CONSENT CALENDAR (Items 1-16)

 

3251

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEMS 6, 7, 11 & 16 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; AND ITEM 14 WHICH WAS DELETED

 

BOARD APPOINTMENTS

 

1.

Supervisor Campbell - Orange County Human Relations Commission - Reappoint Vince DeVargas, Placentia, for term ending 2/1/12            

 

 

Chair Nguyen:

 

2.

Senior Citizens Advisory Council - Reappoint Pat McGuigan, Santa Ana, to complete term ending 12/31/10

 

3.

Acting as In-Home Supportive Services Public Authority - In-Home Supportive Services Advisory Committee - Appoint Dustin Manhart, Anaheim, to complete term ending 12/31/10

 

ELECTED DEPARTMENT HEADS

 

4.

District Attorney - Authorize District Attorney to accept disbursement of state funds from Privacy and Piracy Fund administered by State Attorney General's Office for FY 2009-10 ($35,950); and authorize District Attorney or designee to execute subsequent amendments under certain conditions - All Districts

 

5.

Sheriff-Coroner - Approve amendment 5 to price agreement N1000008122 with Premier Computing Inc. for purchase of a commissary inventory system - All Districts

 

6.

Treasurer-Tax Collector - Approve agreement MA-074-10011955 with Vavrinek, Trine, Day & Company, LLP (VTD) for annual compliance audit services, 1/26/10 - 1/25/13 ($74,835); renewable for two additional years; and authorize Deputy Purchasing Agent to execute agreement - All Districts (Continued from 1/26/10, Item 16)

3152
   N

APPROVED CONTRACTING WITH OC INTERNAL AUDIT FOR THIS SERVICE

 

HEALTH CARE AGENCY

 

7.

Approve agreements with Hoag Memorial Hospital Presbyterian ($30,000) and Advanced Skincare MedCenter, Inc. ($70,000) for HIV Health Care services, 3/1/10 - 2/29/12 - All Districts

5321

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

8.

Approve agreement 09-0499 with State Department of Food and Agriculture for reimbursement costs related to inspection of high-risk plant shipments, 7/1/09 - 6/30/10 ($279,177); and authorize Agricultural Commissioner to execute agreement - All Districts

 

9.

Approve agreement D09-083 with Orange County Sanitation District for adjustment of manhole lids and frames, North Tustin area - District 3

 

10.

Approve plans and specifications and set bid opening for 4/14/10, 2:00 p.m., for construction of new 401 S. Tustin Street Mental Health Facility; authorize Director or designee to execute related documents; and make California Environmental Quality Act findings - District 3

 

11.

Approve Harding Creek Restoration Project in concept; and adopt Negative Declaration IP 09-088 - District 3

3521

APPROVED AS RECOMMENDED

 

SOCIAL SERVICES AGENCY

 

12.

Approve agreement CCE0110 with Orangewood Children's Foundation for preparation of  Annual Report on the Conditions of Children in Orange County, 3/1/10 - 2/28/11 ($113,400) - All Districts

 

GENERAL ADMINISTRATION

 

13.

Clerk of the Board - Approve proposed amendments to the County’s Conflict of Interest Code Designated Filers Exhibits for Office of the Performance Audit Director - All Districts

 

 

County Executive Office:

 

14.

Approve amendment to agreement N1000011007 with Avasant to expand Scope of Work to include development and contract negotiations for combined County-wide voice and data network Request for Proposal (RFP), 11/10/09 - 6/30/11 ($159,500) - All Districts (Continued from 11/10/09, Item 14; 11/24/09, Item 24; 12/8/09, Item 25; 1/26/10, Item 35)

3251

DELETED

 

15.

Approve amendment 4 to Memorandum of Understanding with Center for Demographic Research (CDR) at California State University, Fullerton for demographic research and information services, 7/1/09 - 6/30/10 ($71,000); authorize Auditor-Controller to pay sponsor fees; and authorize CEO to execute MOU - All Districts

 

16.

Authorize development of Request for Proposals (RFP) for information technology utility services and voice and network infrastructure upgrade and implementation of voice over Internet Protocol and return for Board final approval of Request for Proposals; approve amendment to agreement N1000011007 with Avasant to expand Scope of Work to include development and contract negotiations for combined County-wide voice and data network, effective 2/2/10 - 8/31/11 ($159,500) - All Districts

1523

APPROVED AS AMENDED TO COMBINE RAs 1 & 2 INTO DEVELOPMENT OF A SINGLE COMBINED RFP FOR SERVICES STATED (INCLUDING COUNTYWIDE NETWORK AND VOIP AND INFORMATION TECHNOLOGY UTILITY SERVICES CURRENTLY PROVIDED BY ACS) THAT WILL ALLOW BIDDERS TO BID ON BOTH COMPONENTS OR ON EITHER COMPONENT WITH FINAL REVIEW AND APPROVAL BY THE BOARD; AND MODIFIED RA 3 TO AUTHORIZE THE CEO TO NEGOTIATE AND EXECUTE A “NOT TO EXCEED” AGREEMENT WITH AVASANT TO EXPAND THEIR CURRENT SCOPE OF WORK TO ASSIST WITH PREPARATION OF THE COMBINED RFP

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 17-29)

 

ELECTED DEPARTMENT HEADS

 

17.

Assessor Department - Oral Report - ATS Re-engineering Project Quarterly Update - All Districts

 

PRESENTED

 

 

Sheriff-Coroner:

 

18.

Receive and file status report on Emergency Declaration - Conditions resulting from weather, and continue declaration of Local State of Emergency; and set review to determine continuing need for emergency action for 3/2/10, 9:30 a.m. and every 30 days thereafter - All Districts (Continued from 1/26/10, Item S58A)

3521

APPROVED AS RECOMMENDED

 

19.

Ratify approval of price agreements N1000009241, N1000009242 and N1000009249 with Cellco Partnership dba Verizon Wireless for wireless services, 10/1/08 - 9/30/09 ($5,886); and approve price agreement DO-060-10012544 with Cellco Partnership dba Verizon Wireless for wireless services and equipment, 10/1/09 - 9/30/10 ($769,090) - All Districts  

3521

APPROVED AS RECOMMENDED

 

20.

Consider second reading and adoption of "An Ordinance of the County of Orange, California Adopting Section 6-4-608 of the Codified Ordinances of the County of Orange Regarding Parking Violations"; "An Ordinance of the County of Orange, California Amending Section 2-1-66 of the Codified Ordinances of the County of Orange Regarding Parking Violations"; "An Ordinance of the County of Orange, California Amending Section 2-5-3 of the Codified Ordinances of the County of Orange Regarding Parking Violations"; "An Ordinance of the County of Orange, California Amending Section 2-5-16 of the Codified Ordinances of the County of Orange Regarding Parking Violations", "An Ordinance of the County of Orange, California Amending Section 2-5-103 of the Codified Ordinances of the County of Orange Regarding Parking Violations"; and "An Ordinance of the County of Orange, California Amending Section 2-7-22 of the Codified Ordinances of the County of Orange Regarding Parking Violations" - All Districts (Continued from 1/26/10, Item 41)

2351

APPROVED AS RECOMMENDED

 

 ORD: 10-001 - 10-006

 

HEALTH CARE AGENCY

 

21.

Approve amendment 1 to agreement with Orange County Association for Mental Health dba Mental Health Association of Orange County for Multi-Service Center services to Mentally Disabled Homeless, 7/1/09 - 6/30/10 ($198,772; new total $1,016,303) - All Districts

2351

APPROVED AS RECOMMENDED

 

OC COMMUNITY RESOURCES

 

22.

Oral Presentation on the Police Community Reconciliation Program - All Districts

 

PRESENTED

 

PUBLIC PROTECTION

 

23.

Probation - Approve agreement with Atkinson Polygraph Associates for adult sex offender polygraph examination services, 2/2/10 - 2/1/11 ($142,600); renewable for four additional years per Board approval; and make California Environmental Quality Act findings - All Districts

B.O.

CONTINUED TO 2/9/10, 9:30 A.M.

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

24.

Response to 6/3/09 & 10/28/09 Board Directive regarding DNA Lab Operation and OC Crime Lab Structure - All Districts (Continued from 12/15/09, Item 55)

B.O.

CONTINUED TO 2/9/10, 9:30 A.M.

 

25.

Adopt resolution amending agreement MA-017-10010355 with Community Service Programs, Inc. (CSP) for Victim/Witness Assistance 2009-10 Recovery Act - VAWA Stimulus Grant ($10,000; new total $34,461); authorize the Clerk of the Board of Supervisors to execute grant award agreement - All Districts

5321
   X

APPROVED AS RECOMMENDED

 

RESO: 10-007

 

26.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts

2531
   X

APPROVED AS RECOMMENDED

 

27.

Approve recommended grant applications submitted by OC Crime Laboratory (FY 2011 Portable Evidentiary Breath Test Program) and OC Community Resources/ Public Libraries (We Love Libraries) in 2/2/10 grant report and other actions as recommended - All Districts

5321
   X

APPROVED AS RECOMMENDED

 

28.

Report on County financial and budget status - All Districts

 

PRESENTED

 

29.

Approve amendment 3 to price agreement N1000008540 with Network Television Time, Inc. for Board of Supervisors Meeting broadcast services and equipment, 4/1/10 - 3/31/11 ($415,000) - All Districts

2531

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Item CS-1)

 

GENERAL ADMINISTRATION

 

CS-1.

County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a):
Name of Case:     In re Mesa Air Group, Inc., United States Bankruptcy Court, Southern District of New York, Case No. 10-10026-(mg)

B.O.

HELD THE CLERK READ:  BY A UNANIMOUS VOTE WITH SUPERVISOR CAMPBELL BEING ABSENT, THE BORD AUTHORIZED COUNTY COUNSEL TO RETAIN FOLEY & LARDNER LLP, TO REPRESENT THE COUNTY IN THE MATTER OF IN RE MESA AIR GROUP, INC.

 

VI.  PUBLIC, CEO, BOARD & EMAIL COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Cynthia Tipton - Oral Re:  Shared her firm's polygraph services

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS, COMMITTEE, COMMISSION AND TRAVEL REPORTS:

None

 

ADJOURNED:  12:30 P.M.

5123
   X

Adjourned in memory of Mary Jane Hynes Hannegan

 

5123
   X

Adjourned in memory of Barbara Hughes

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Nguyen

A.  =   Abstained

2. = Supervisor Moorlach

X.  =   Excused

3. = Supervisor Campbell

N.  =   No

4. = Vacant

BO =   Board Order

5. = Supervisor Bates

 

 

 

ORD.  = Ordinance

 

RESO. = Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

                                                                                                                                                           

 Chair, Orange County Board of Supervisors

                                                                                   

 

 

 

 

                                                                       

   Orange County Clerk of the Board