County of Inyo

Public Comment

The Chairperson announced the public comment period.  Mr. Harry Holgate addressed the Board to support the reappointment of Paul Lamos to the Water Commission and to urge the Board to remain open and flexible in addressing the request for changes in the Independence Regreening Project.

P.W.-Bishop A/P/

Sierra Wave Plaque

Ms. Sylvia Colton, Mr. Gene Brown of E. Clampus Vitas and Mr. Jeff Jewett, Public Works Director, provided additional information and further justification for the placement of a plaque at the Bishop Airport honoring the historic Sierra Wave Project.  The County Administrator reviewed the project per the criteria recently adopted for evaluating these types of requests, expressing his thought that this project meets the criteria. The County Administrator also suggested that the Board not consider anymore plaques for placement at the Bishop Airport until after Airport development plans are finalized in the future.  Moved by Supervisor Bear and seconded by Supervisor Lent to authorize the placement of a plaque at the Bishop Airport honoring the historic Sierra Wave Project that occurred in, above and around Bishop in the early 1950’s.  Motion carried unanimously.

Post Agenda/ Water Dept. Well Permits

Mr. Greg James, Inyo County Water Director, provided an explanation and justification for the request for the Board to consider a Post Agenda Item regarding the approval of permits for two new monitoring wells in the Lone Pine Area.  The County Administrator reviewed the process for placing a post agenda on the Board’s agenda.  Mr. Mendez indicated that he would schedule a workshop in the future for a review of this process with the Board.  Moved by Supervisor Bear and seconded by Supervisor Dorame to find that the need to consider a request for approval of Permits to allow the City of Los Angeles Department of Water and Power to construct two monitoring wells in the Lone Pine area arose after the Agenda for the February 19, 2002, Board of Supervisors Meeting was posted and there is a need for a decision regarding these permits prior to the next regularly scheduled meeting, therefore this item is added as Agenda Item No. 34A.   Motion carried unanimously.

Water Dept./P.O.  Campbell Scientific 

Moved by Supervisor Lent and seconded by Supervisor Bear to approve a purchase order to Campbell Scientific, Inc., of Logan, Utah, for the repair and calibration of equipment being used to conduct a cooperative study with the City of Los Angeles Department of Water and Power, in an amount not to exceed $3,547.94 including sales tax.  Motion carried unanimously.

Water Dept./ Copier Upgrade

Moved by Supervisor Lent and seconded by Supervisor Bear to declare American Business Machines as the sole-source provider for network printer board and authorize the purchase of a network printer board for the Canon copier in the Water Department from American Business Machines in an amount not to exceed $5,225.88.  Motion carried unanimously.

P.W.-Bishop A/P/ Terminal Bldg. Furniture P.O.

Moved by Supervisor Lent and seconded by Supervisor Bear to approve the purchase of the furniture for the Bishop Airport Terminal Building Lobby from Adirondack Direct, in an amount not to exceed $2,295.78.  Motion carried unanimously.

P.W.-No. Inyo A/P Adv. Comm Appt.

Moved by Supervisor Lent and seconded by Supervisor Bear to appoint Joy Melgard to the Northern Inyo Airport Advisory Commission to complete an unexpired term ending December 1, 2002. Motion carried unanimously.

P.W.-LTC/Auto P.O.

Moved by Supervisor Lent and seconded by Supervisor Bear to award the bid for and approve the purchase of a Taurus passenger car from Eastern Sierra Motors in an amount not to exceed $17,240.  Motion carried unanimously.

H&H-Hlth Serv./ Richardson Contract Amendment

Moved by Supervisor Lent and seconded by Supervisor Bear to approve Amendment No. 1 to the Contract between the County of Inyo and James Richardson, M.D., for Health Officer services, increasing the Contract by $5,800 to a total not to exceed $81,608, for the period of July 1, 2001, through June 30, 2002; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-Behavioral Hlth/Vista Pacifica Contract

The request for approval of Amendment No. 2 to the Contract between the County of Inyo and Vista Pacifica Center for the provision of mental health placement services, increasing the Contract by $18,500, to a total not to exceed $98,500 for the period of July 1, 2001, through June 30, 2002 was pulled from the Agenda at the request of the Department.

H&H-Behavioral Hlth/State Mental Health Contract

Moved by Supervisor Lent and seconded by Supervisor Bear to approve the Contract between the County of Inyo and the State of California Department of Mental Health for “Mental Health Services Provider” services for the period of July 1, 2001, through June 30, 2002; and authorize the Chairperson to sign.   Motion carried unanimously.

Resol. #2002-10/ SATTA Program Plan Approval 

On a motion by Supervisor Lent and a second by Supervisor Bear, Resolution No. 2002-10 was adopted, approving the Substance Abuse Treatment Testing Accountability (SATTA) Program Plan outlining the expenditure of $15,475 allocated to Inyo County’s Substance Abuse and Crime Prevention Act Program for drug testing as part of treatment: motion unanimously passed and adopted.

H&H-Misc./UC Davis Training Contract

Moved by Supervisor Lent and seconded by Supervisor Bear to approve the Contract between the County of Inyo and the Regents of the University of California on behalf of its Davis Campus University Extension for Public Eligibility Training for the period of July 1, 2001, through June 30, 2002, in an amount not to exceed $29,000; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-Hlth Serv./ Immunization Outreach Grant Funds Contract

Moved by Supervisor Lent and seconded by Supervisor Bear to approve the Contract between the County of Inyo and the State of California Department of Health Services for the provision of Immunization Outreach Grant funds in an amount not to exceed $18,608 for the period of January 1, 2002, through December 31, 2002; and authorize the Chairperson to sign.  Motion carried unanimously.

Integrated Waste/ Pahrump Valley Disposal Contract

Moved by Supervisor Lent and seconded by Supervisor Bear to approve Amendment No. 1 to the Contract between the County of Inyo and Pahrump Valley Disposal for waste hauling services in the Community of Furnace Creek, increasing the amount by $19,173 to an amount not to exceed $42,293; and authorize the Chairperson to sign.  Motion carried unanimously.

Integrated Waste/ Keeler Transfer Station Lease

Moved by Supervisor Lent and seconded by Supervisor Bear to approve the Modified Lease between the County of Inyo and the City of Los Angeles Department of Water and Power for the Keeler Transfer Station, for the period of July 1, 1999, through June 30, 2004, increasing the lease from 5 acres to 24.117 acres; and authorize the Chairperson to sign.  Motion carried unanimously.

Integrated Waste/ Repair of Cat Loader

The Board and Staff had a discussion as to why the repair of an Integrated Waste Cat Loader was required.  Mr. Chuck Hamilton, Deputy County Administrator explained that the equipment is used in a very hostile environment where the machinery encounters many hazards and assured the Board the damage was caused by use.  Moved by Supervisor Lent and seconded by Supervisor Bear to authorize the emergency repair of a Caterpillar 963 Track Loader and approve a purchase order to Shepherd Machinery in an amount not to exceed $13,520 for the repair.  Motion carried unanimously.

Introduction

Congressman Buck McKeon introduced himself and two members of his Staff, Mr. Scott Wilk, Press Secretary and Mr. James Bergeron, Legislative Director, to the Board.  Congressman McKeon expressed his desire to represent Inyo County, if elected, as our new Congressman, indicating that he had made himself familiar with Inyo County issues through Congressman Jerry Lewis.  

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:20 a.m., reconvening in open session at 10:30 a.m., with all Board Members present.

Workshop/Role of

Juvenile Center

The Chairperson immediately recessed open session to convene in a workshop to receive information and discuss the role of the Juvenile Center.  The Chairperson recessed the workshop at 11:30 a.m., to reconvene in open session with all Board Members present.  

H&H-Behavioral Hlth/Mental Health Fee Ordinance

The Chairperson opened the public hearing at 11:30 a.m., on an ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Revising Inyo County Community Mental Health Services Fees.”  Dr. Zwier reviewed the Staff Report and recommendations regarding the request to change the Mental Health Services Fees.  She informed the Board that the changes in the fees will allow the Department to bill Medi-Cal up to the State maximum allowed, providing maximum cost recovery for the County.  There being no further comment, the Chairperson closed the public hearing at 11:37 a.m.  

Moved by Supervisor Hambleton and seconded by Supervisor Bear to waive the first reading of the ordinance; and schedule 10:05 a.m., February 26, 2002, in the Board of Supervisors Room, at the County Administrative Center, in Independence as the time, date and place for the enactment.   Motion carried unanimously.

Library/Closures

Supervisor Lent expressed his support for the library and queried the Staff as to the feasibility, within budget constraints, of having the branches remain open on three day holiday weekends in order to facilitate public use.  The County Administrator explained the staffing and budget issues which make implementation of this suggestion costly to the County.  Moved by Supervisor Lent and seconded by Supervisor Dorame to authorize the closure of all library branches on the following dates because of 3-day holiday weekends; February 16, May 25, August 31 and November 30, 2002.  Motion carried unanimously.

H&H-Behavioral Hlth/Charis Youth Center Contract

Moved by Supervisor Bear and seconded by Supervisor Hambleton to ratify the Contract between the County of Inyo and Charis Youth Center for the provision of mental health placement services in an amount not to exceed $31,900, for the period of October 10, 2001, through June 30, 2002; and authorize the Chairperson to sign.  Motion carried unanimously.

Water Dept./Water Commission Appointment

Mr. Greg James, Inyo County Water Director, provided a review of the process for appointing Water Commissioners.  Supervisor Bear expressed her support for the reappointment of the incumbents Paul Lamos and Ken Lloyd.  Mr. Prather of the Owens Valley Committee addressed the Board to support the appointment of Independence Resident, Jason Warren.  Supervisor Lent requested that the appointments be made individually.

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to appointment Mr. Paul Lamos to the Inyo County Water Commission to complete a term ending December 31, 2005.  Motion carried unanimously.

Moved by Supervisor Lent and seconded by Supervisor Dorame to appoint Mr. Jason Warren to the Inyo County Water Commission to complete a term ending December 31, 2005.  Motion failed on a two-to-three vote, with Supervisors Lent and Dorame voting yes, and with Supervisors Arcularius, Bear, and Hambleton voting no.

Moved by Supervisor Hambleton and seconded by Supervisor Bear to appoint Mr. Ken Lloyd to the Inyo County Water Commission to complete a term ending December 31, 2005.  Motion passed on a four-to-one vote, with Supervisors Arcularius, Bear, Hambleton and Dorame voting yes, and with Supervisor Lent voting no.

Resol. #2002-11/ Proof of Payment

On a motion by Supervisor Bear and a second by Supervisor Dorame, Resolution No. 2002-11 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Adopted Pursuant to Public Resources Code Section 3914, Requiring Proof of Payment of Unsecured Property Taxes Prior to Recordation of Certain Documents Concerning Mining Claims” was adopted: motion unanimously passed and adopted.  

Closed Session

The Chairperson recessed open session at 12:00 p.m., to convene in closed session to discuss Agenda Items No. 41. PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Performance Evaluation – Title:  Director of Health and Human Services;  No. 42. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Title Director of Health and Human Services – Negotiator – Member of Board of Supervisors as designated; and No. 43. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Title ICEA – Negotiator – County Administrative Officer & Personnel Analyst.   The Chairperson recessed closed session at 2:25 p.m., to convene in open session with all Board Members present.

Water Dept./W/S Drought Recovery

The Chairperson immediately recessed open session to convene in a workshop with representatives of the Inyo County Water Department to receive a presentation on and discuss the Drought Recovery Policy.  

Water Dept./ Direction to Water Commission Re: Drought Recovery Policy

Mr. James, Inyo County Water Director, provided a brief review of the current information surrounding the Drought  Recovery Policy, explaining that he feels the Drought Recovery Policy is governed by the Standing Committee and recommending that the Policy be submitted to the Standing Committee for a determination.  The Water Director went on to review the request from the Water Commission on direction regarding a recommendation from them to the Board on the Drought Recovery Policy. Supervisor Hambleton asked for clarification on why there was a recommendation from the Commission on the next item which is the Independence Regreening Project, while in this instance the Commission is asking for direction on whether to submit a recommendation on the Drought Recovery Policy.   Mr. David Miller, Chairperson of the Inyo County Water Commission addressed the Board to provide additional information and to respond to Supervisor Hambleton’s question by explaining that the Commission felt they needed the Board’s input as to whether the Drought Recovery Policy was within the Commission’s purview.  The Board and Staff discussed the Drought Recovery Policy, and the Board provided direction to Staff that the Drought Recovery Policy be sent to the  Technical Committee for review and then submitted to the Standing Committee for a decision.  The Board directed that the Water Commission provide a recommendation to the Board of Supervisors if the process and time allows.  

Water Dept./Indy Regreening Project

The Board, Mr. Miller of the Water Commission and Staff discussed the recommendation of the Commission to move forward with the Independence Regreening Project.  Supervisor Hambleton expressed his concern with moving forward with a project which clearly did not have the support of the Community, indicating that jumping forward without analysis of the alternatives would be doing an injustice to the Citizens.  Mr. Hambleton went on to explain that he supports the Long Term Water Agreement which provides the process for altering the Independence Regreening Project and the other EEM Projects.  He agreed with the concept that the Agreement is a living document which was drafted in  order to provide a means for the long-term management of Owens Valley water, while securing protection of the environment and personal property rights.   Mr. Ken Lloyd of the Water Commission, indicated his support for using a portion of this Regreening Project for a ball field.  Ms. Lora Lee Cole, Independence Resident, supported the concept of a housing development and sports complex on the portion of the Regreening Project close to her home.  Ms. Arlene Grider, Independence Resident, supported using a portion of the land identified for the Regreening Project for a sports complex.  Mr. Michael Prather, Owens Valley Committee, addressed the Board to caution the Board in changing the existing Regreening Project because of the ramifications to other aspects of the Long Term Water Agreement.  Mr. Chris Riesen, Independence Resident, supported the sports complex concept.  He provided in-depth information and justification for the concept and gave the Board preliminary concept drawings which delineated possible layouts for a sports complex.  Mr. Mannatt, Independence Resident, provided additional information and further explanation on the sports complex idea.  Ms. Nancy Masters of the Owens Valley Committee, spoke in support of the existing Regreening Project, siting her concerns with changing the Long Term Water Agreement.  She expressed her concern with the City of Los Angeles using this change to attempt to change the Agreement in their favor.  Mr. Jack Pound, Independence Resident, also expressed his concern with changing the Long Term Water Agreement.  Mr. Jason Warren, Independence Resident, supported the existing Regreening Project, expressing his concern with changing the Long Term Water Agreement.   The Board and Staff continued to discuss the Independence Regreening Project and the Long Term Water Agreement, with Staff providing the Board with various alternatives regarding the Independence Regreening Project, including the concept of using a portion of the Independence Regreening Project to allow for a Community supported sports complex in Independence.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to direct Staff to present a report to the Board on the process to amend the Long Term Water Agreement to provide for changes in EEM Projects and further request Supervisor Hambleton to meet with the proponents of the sports complex and DWP to work out the details of the project.  Motion carried unanimously.

Water Dept./DWP Monitoring Well Permit

Mr. Greg James, Inyo County Water Director, reviewed the Staff Report and recommendations regarding the permit to allow two monitoring wells in the Lone Pine area to provide data on the effects to groundwater a new production well will have on surrounding property.  Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the permits to allow the City of Los Angeles, Department of Water and Power to construct two monitoring wells in the Lone Pine area.  Motion carried unanimously.

Treasurer/Over-

sight Committee Appointments

Moved by Supervisor Bear and seconded by Supervisor Hambleton to accept the resignations of Ms. Donna Bahr and Mr. Tony Sorci from the County Treasury Oversight Committee and confirm the Treasurer’s nomination of Mr. George Lozito, Inyo County Superintendent of Schools and Mr. Ray Seguine, Chief of the Bishop Rural Fire Protection District, to the Committee.  Motion carried unanimously.

Resol. #2002-12/ Investment Authority

On a motion by Supervisor Dorame and a second by Supervisor Lent, Resolution No. 2002-12 was adopted delegating investment and reinvestment authority to the Inyo County Treasurer;  motion unanimously passed and adopted.

Treasurer/Invest-

ment Policy

The Treasurer-Tax Collector asked for approval of the County Investment Policy, explaining that there are no changes in the Policy.  Moved by Supervisor Lent and seconded by Supervisor Bear to approve the Inyo County Treasury Investment Policy as presented.  Motion carried unanimously.

Reso. #2002-13/ Master Agreement

Supervisor Dorame briefly left the meeting.  On a motion by Supervisor Hambleton and a second by Supervisor Lent, Resolution No. 2002-13 was adopted, establishing the authorization for the execution of a Master Agreement and Program Supplements for State funded transit projects: motion unanimously passed and adopted with Supervisors Arcularius, Bear, Lent and Hambleton voting yes, and with Supervisor Dorame absent.

Library/Budget Amendment

Parks/Budget Amendment

Supervisor Dorame, who had previously stepped away from the Board Room, rejoined the meeting.  Moved by Supervisor Bear and seconded by Supervisor Lent to amend the FY 2001-02 County Budget by: A) increasing estimated revenue in the Parks & Recreation Budget Unit 076900, Contribution from the Los Angeles Department of Water and Power (Revenue Code #4563) by $23,513 and increasing appropriations in Grant Contribution (Object Code #5538) by $23,513; and B) establish a new budget unit for the Millpond Playground Equipment Grant (budget to be determined by the Auditor); increasing estimated revenue in State Grants (Revenue Code #4498) by $32,538 and County General Contribution (Revenue Code #4562) by $23,513 and increasing appropriations in Other Professional Services (Object Code #5265) by $54,451 and General Operating Expense (Object Code #5311) by $1,600.  Motion carried unanimously.

Closed Session

Mr. Paul Bruce, County Counsel, informed the Board that he would be leaving the meeting due to a prior commitment to conduct a meeting with the Special Districts and that he would return as quickly as possible.  He publicly announced that the Board would not be considering Agenda Items No. 38. CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case – 2002-2003 Pumping Plan Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgement, Inyo County Superior Court, Case No. 12908; No. 39. CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case – Drought Recovery Policy Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgement, Inyo County Superior Court, Case No. 12908; No. 40. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768;  in  closed session.  He informed the public that the only remaining item to be addressed in closed session, when the Board breaks for closed session, will be Agenda Item No. 43.

CAO-Budget/ Mid Year Budget Report

The County Administrator briefly and succinctly reviewed the Mid-Year Budget Report, highlighting specific actions which were being requested.  Mr. Mendez cautioned the Board that while the current budget picture for the County may appear satisfactory, future actions being contemplated by the Governor and the Legislature may adversely impact the County next year. He discussed how the Federal Government Homeland Security efforts may affect how PILT funding is provided to counties in the future.  He informed the Board that should Measure B pass, the County will be required to pay over $400,000 of Tobacco Settlement funding, which has been appropriated to the County’s General Reserve Account, to the hospitals, which will result in the General Reserves falling to less than $750,000.    The Board and the County Administrator discussed various cost containment measures which might be implemented in order to make the General Reserves whole, including scrutinizing expenditures and reducing appropriations, freezing General Fund positions and re-evaluating the use of Geothermal revenues.   Mr. Mendez indicated that the Third Quarter Budget Review will provide a clearer picture of the budget and the effects should Measure B pass.  Moved by Supervisor Lent and seconded by Supervisor Hambleton to accept the 2001-02 County Midyear Budget Report as presented; and  approve the specific budget action items detailed in the report.  Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Lent and seconded by Supervisor Hambleton to approve the minutes of the January 22, 2002, Board of Supervisors Meeting.  Motion carried unanimously.

Moved by Supervisor Hambleton and seconded by Supervisor Lent to approve the minutes of the January 28 and 29, 2002, Annual Death Valley Board of Supervisors Meeting.  Motion carried unanimously, with Supervisors Bear and Dorame abstaining.

BofS/Engineers Week Proclamation

Moved by Supervisor Bear and seconded by Supervisor Hambleton to proclaim February 17-23, 2002, as National Engineers Week in Inyo County.  Motion carried unanimously.

District/Indepen-

dence Cemetery District Board Appointments

Moved by Supervisor Hambleton and seconded by Supervisor Dorame to reappoint the following to the Independence Cemetery District Board: A) Ms. Betty Jewett for an unexpired four-year term ending January 31, 2006; B) Ms. Sandy Sepsey for an unexpired four-year term ending October 8, 2003; and C) Mr. Louis Mannatt for an unexpired four-year term ending March 1, 2004.  Motion carried unanimously.

Fish & Game/ Commission Appointment

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to appoint Mr. William Wright to the Fish and Game Advisory Commission to complete an unexpired term ending July 1, 2003.   Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 6:35 p.m., to convene in closed session with all Board Members present to discuss Agenda Item No. 43. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Title ICEA – Negotiator – County Administrative Officer & Personnel Analyst. 

Report on Closed Session

The Chairperson recessed closed session at 7:20 p.m., to convene in open session to receive a report on closed session.  In the absence of County Counsel, the County Administrator reported there were no items discussed in closed session which were required by law to be reported on in open session.  

Adjournment

The Chairperson adjourned the regular meeting at 7:20 p.m. to 9:00 a.m., February 26, 2002, in the Board of Supervisors Room, at the County Administrative Center, in Independence.