County of Inyo

Public Comment

The Chairperson announced the public comment period.  Mr. Richard Cervantes, Lone Pine Resident, read a letter he wrote to the Board opposing the Wilderness Legislation.  Mr. George Holland, Auditor-Controller, provided information regarding a question posed at last week’s meeting regarding charging for accounting services for the handling of the Tobacco Settlement funds.  Mr. Holland explained that the County does not have a mechanism in place whereby Special Districts may be charged for accounting services.

Introduction

Ms. Linda Anisman, Director of Child Support Services, introduced Lauren Sigler, Office Assistant in the Child Support Services Department, to the Board. 

WS on County Vision Statement

The Chairperson recessed open session at 8:25 a.m., to convene in a workshop with the County Administrator on the development of a County Vision Statement.  The Chairperson reconvened open session at 8:55 a.m., with all Board Members present. 

Resol. #2002-27/ RCRC Rural Home Mortgage JPA

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-27,  entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Adopting the Regional Council of Rural Counties California Rural Home Mortgage Finance Authority Amendment of the Joint Powers Agreement,” was adopted: motion unanimously passed and adopted. 

Resol. #2002-28/ RCRC Local Gov. Finance Authority

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-28, entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Adopting the Regional Council of Rural Counties California Local Government Finance Authority Amendment of the Joint Powers Agreement,” was adopted: motion unanimously passed and adopted.

Resol #2002-29/ RCRC Rural Health JPA

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-29  entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Adopting the Regional Council of Rural Counties Rural Health Joint Powers Authority Amendment of the Joint Powers Agreement,” was adopted: motion unanimously passed and adopted.

Resol. #2002-30/ RCRC Environ-

mental Services JPA

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-30  entitled “A Resolution of the Board of Supervisors, County of Inyo, Statement of California, Adopting the Regional Council of Rural Counties Environmental Services Joint Powers Authority Amendment of the Joint Powers Agreement,” was adopted: motion unanimously passed and adopted. 

BofS/RCRC JPA Amendments

Moved by Supervisor Bear and seconded by Supervisor Hambleton to authorize the Chairperson to sign the four amendments to the RCRC JPA’s approved by the previous resolutions.  Motion carried unanimously.

CAO-Personnel/ On-Site Training

Supervisor Dorame queried the County Administrator on the type of training that will be conducted, and who will be attending. Mr. Mendez explained that this session is for department heads and their assistants, that this will be an intensive management training which will focus on all aspects of decision making.  Mr. Mendez, in response to a request from the Board, indicated that he would provide a synopsis of the training session to the Board, as well as providing the Board with the training materials.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to A) authorize a purchase order to Graham Research Consultants in an amount not to exceed $5,000 for on-site personnel training and B) authorize a purchase order to Bar-B-Q Bills in an amount not to exceed $1,000 for catering costs associated with the on-site training.  Motion carried unanimously.

Motor Pool/Sale of Surplus Vehicles and Equipment

Moved by Supervisor Bear and seconded by Supervisor Hambleton to declare the list of vehicles and heavy equipment identified by Staff as surplus; B) approve a Contract between the County of Inyo and Ken Porter Auctions of North Hollywood, California, for the removal and sale of County owned surplus vehicles and heavy equipment for the period of May 7, 2002, through June 30, 2002, and authorize the Motor Pool Transportation Manager to sign on behalf of the County; and C) waive the requirements of Sections 3.08.080 and 3.08.090 of the Inyo County Code to allow the sale of these surplus vehicles and equipment.  Motion carried unanimously.

CAO-Purchasing/ Targets and Range Supplies P.O.

CAO-Info Serv./ Software Lic. for Servers

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the purchase of six Microsoft server operating system software licenses for Network Servers from Insight in an amount not to exceed $3,400.  Motion carried unanimously.

CAO-Info Serv./ Computer P.O.s

CAO-Info Serv./ IBM Servers

Resol. #2002-31/ Victim Witness Grant

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-31 was adopted authorizing the submittal of the reapplication for the Victim/Witness Assistance Center Grant to the Office of Criminal Justice: motion unanimously passed and adopted.

Resol. #2002-32/ Statutory Rape Vertical Prosecu-

tion Grant

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-32 was adopted authorizing the submittal of the reapplication for the Statutory Rape Vertical Prosecution Grant to the Office of Criminal Justice Planning for Fiscal Year 2002-2003 and authorize the District Attorney to sign the application on behalf of the County: motion unanimously passed and adopted.

Resol. #2002-33/ Drug Suppression Task Force Grant

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-33 was adopted authorizing the submittal of the reapplication for the Inyo County Drug Suppression Task Force Grant to the Office of Criminal Justice Planning for Fiscal Year 2002-2003 and authorize the District Attorney to sign the application on behalf of the County: motion unanimously passed and adopted.

H&H-CalWorks/ Stage I Child Care Services Contract Amendment

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve Amendment No. One to the Stage I Child Care Services Contract between the County of Inyo and the County Superintendent of Schools for the period of July 1, 2001, through June 30, 2002, increasing the amount of the Contract by $64,200 to a total not to exceed $379,200; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-Behavioral Hlth./ CAPIT and CBFRS Grants

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the combined non-competitive grant application for Child Abuse, Intervention and Treatment (CAPIT) funds in the amount of $60,000 per year and Community Based Family Resource and Support (CBFRS) funds in the amount of $34,310 per year, for the period of July 1, 2002, through June 30, 2005, contingent upon the Board’s adoption of future budgets.  Motion carried unanimously.

H&H-Tobacco Pgrm./Smoke Free Zones for Mule Days

Ms. Jean Dickinson, Assistant Director of Health & Human Services, provided additional information, further justification and responded to questions regarding the request to contract for “smoke free” zones at the Tri-County Fairgrounds during Mule Days.  Ms. Dickinson indicated that she would provide the wording of the banners to the Board before the end of today’s meeting.  Ms. Dickinson also explained that the Department and the Mule Days people would review how this program works this year in order to improve the program next year.  

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and Mule Days Celebration for smoke free zones in certain areas of the Tri-County Fairgrounds during the Mule Days Celebration, for the period of May 1, 2002, through June 30, 2002, in an amount not to exceed $2,000; and authorize the Chairperson to sign.  Motion carried unanimously.

Rd. Dept./Mobile and Portable Radios P.O.

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the purchase of six mobile radios and two portable radios from Nielsen’s Equipment Communications of Mammoth Lakes, in an amount not to exceed $4,192.73.  Motion carried unanimously.

Rd. Dept./Cold Mix Asphalt P.O.

Moved by Supervisor Bear and seconded by Supervisor Hambleton to declare Wulfenstein Construction Company as a sole-source provider of cold mix asphalt and approve the purchase of 1,000 tons of cold mix asphalt from Wulfenstein Construction Company in an amount not to exceed $30,000.  Motion carried unanimously.

Sheriff’s Dept./ TMS Software

Moved by Supervisor Bear and seconded by Supervisor Hambleton to declare Training Innovations, Inc., as a sole-source provider of TMS (Training Management System) software and approve the purchase of software, one network license, user training and program manual from Training Innovations, Inc., in an amount not to exceed $4,890 plus shipping.  Motion carried unanimously.

Sheriff’s Dept./ Boating Safety Program

Sheriff Lucas updated the Board on the status of the Sheriff’s Boating Safety Program including plans for the Program.  At the conclusion of the Sheriff’s report, at 9:30 a.m., the Board exited the Board room to view the Boat which was on display in the parking lot of the Administrative Center and which is used by the Sheriff’s Department for implementation of the Boating Safety Program.  At the conclusion of the viewing at 9:47 a.m., the Board returned to their Chambers to continue the meeting. 

P.W./Parcel Map #348

Mr. Jewett, Director of Public Works, responded to a question from Supervisor Dorame concerning the Agenda Request Form’s explanation of the map.  Mr. Jewett explained that the reference to the “east” boundary of the subdivision should be corrected to reflect “west” boundary.   Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve Parcel Map #348 and accept the Offer of Dedication for road purposes as shown on the Map and correct the Agenda Request Form to reflect “west” boundary.  Motion carried unanimously.

Rd. Dept./Aggre-

gate Materials Contract

Mr. Jewett, presented the Board with the Staff recommendations with regard to the purchase of aggregate materials, asking the Board to award the contract for the material to the low bidder Hyatt Ready Mix in an amount not to exceed $10,990.50.  Moved by Supervisor Hambleton and seconded by Supervisor Dorame to award the bid and approve the Contract for aggregate materials with Hyatt Ready Mix, in an amount not to exceed $10,990.50, for the period of May 1, 2002, through June 30, 2002; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

D.A./Budget Amendment

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to amend the FY 2001/02 District Attorney Budget 022400 as follows: increase estimated revenue in Resititutions (Revenue Code #4976) by $6,978 and increase appropriations in Special Appropriations (Object Code #5321) by $6,978.  Motion carried unanimously.

H&H-Social Serv./ In-Home Suppor-

tive Services Advisory Board

Dr. Susan Holgate, Director of Health and Human Services, provided additional information and further justification for the request to form and recruit for membership in an In-Home Supportive Services Program Advisory Board.  The County Administrator confirmed that the recruitment of the membership would follow the normal appointment process and be enhanced through larger ads being placed in the Inyo Register.  The Board and Staff discussed the recommendation that a Board Member be involved in the screening of applicants for recommendation of appointment. The consensus of the group was that no Board Member would be appointed to participate and that if Dr. Holgate wanted to invite a Board Member to participate that was her option.  Moved by Supervisor Bear and seconded by Supervisor Lent to authorize the recruitment of five individuals to serve on an AB 1682 Advisory Board to advise the Board regarding the In-Home Supportive Services Program.  Motion carried unanimously.

Sheriff’s Dept./ Budget Amendment

Moved by Supervisor Dorame and seconded by Supervisor Lent to amend the FY 2001-02 County Budget as follows:  increase appropriations in Jail Safety Budget Unit 022910, Overtime (Object Code #5003) by $20,000 and reduce Jail General Budget Unit 022900, Salaries (Object Code #5001) by $20,000.  Motion carried unanimously.

BofS/Caltrans Crosswalk Policy and EMS Use 

Mr. Tom Hallenbeck, Caltrans District Director, addressed the Board to discuss Caltrans’ Crosswalk Policy.  Mr. Hallenbeck and the Board discussed the removal of a crosswalk in Shoshone, with Mr. Hallenbeck explaining that the Department’s analysis of the removal of a crosswalk is done on a case by case basis.  He explained that the removal of the crosswalk in Shoshone was warranted because there have been no incidents reported and the users are telling the Department that people do not use the crosswalk as a corridor for crossing the road. He informed the Board that Caltrans will monitor the roadway and if necessary revisit the need to replace the crosswalk at a future date.  Mr. Hallenbeck went on to talk about Caltrans’ policy on electronic messaging signs to notify motorists of deer and elk crossings.  The Board and Mr. Hallenbeck discussed the crosswalk and EMS policies in depth and at length.  At the conclusion of the conversation the Board thanked Mr. Hallenbeck.  

Forest Serv./ Proposed Use for HR2389

The County Administrator provided a brief history of the HR2389 funding and allocation process, with Mr. Mendez explaining that the funds had to be expended as they were advertised and that in future years other activities for the money may be advertised.  Moved by Supervisor Lent and seconded by Supervisor Hambleton to approve the County’s proposed uses for HR2389 Forest Service Special Project Funds as follows:  A) $33,640 for Forest Related Educational Opportunities by the Inyo County Office of Education for their Outdoor Science Education Programs at the Bernasconi Education Center in Big Pine;  B) $15,000 for Search and Rescue activities on Federal lands paid for by the County; and C) $18,640 for a Grant Program for fire prevention and County planning for Fire Safety Councils throughout the County and approve the recommended Grant Program evaluation application and process and direct Staff to advertise for Request for Proposals (RFPs) for fire prevention and County planning activities for Fire Safety Councils; and D)  amend the FY 2001/02 OES Budget Unit 023700 as follows: increase estimated revenue in Federal Forest Reserves (Revenue Code #4521) by $33,640 and increase appropriations in Professional Services (Object Code #5265) by $33,640.  Motion carried unanimously.

H&H-Tobacco Pgrm.

Ms. Dickinson addressed the Board to provide them with the language to be used for the banners designating the smoke-free zones at the Fairgrounds during the Mule Days Celebration.   

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:50 a.m., reconvening at 1:35 p.m., with all Board Members present.

BofS/Minute Approval

The request for approval of the minutes of the April 30, 2002, Special Board of Supervisors Meeting was pulled at the request of the Clerk of the Board. 

Water Dept./ Annual Oper. Plan

The request for consideration of and possible direction to Staff regarding the County’s response to the Department of Water and Power’s proposed 2002-2003 Annual Operation Program, was continued at the request of the Board.

Fish & Game/Bait Caught Trout Study Results

Mr. Dick Noles briefly reviewed the results of the study on the release of “bait caught” trout for the purpose of reducing mortality.  Mr. Noles provided the Board with a copy of the “How to Release” video which is a part of this study in order for the Board Members to watch the video at their discretion.  The Board commended Mr. Noles for his efforts on behalf of this Program.

CAO-O.V. Railway Co.

The request by the Owens Valley Railway Company for the Board to authorize the County’s assistance in the four areas of the project as detailed in their letter dated March 27, 2002, was postponed at the request of the Railway Company.

Resol. #2002-34/ County Input on Boxer’s Wilderness Legislation

Ms. Andrea Clark, Resource Management Coordinator, reviewed the Staff report and the recommended resolution articulating issues and concerns that must be addressed in any consideration of Congressional legislation expanding the Wildness System on Inyo National Forest and Bureau of Land Management lands managed by the Bishop Field Office in Inyo County. Prior to taking public input the Board Members briefly addressed their individual thoughts on the resolution, with Supervisors Hambleton and Dorame supporting the resolution, with Supervisor Lent supporting the resolution and expressing his concern that Tribal governance and use is protected.  He requested the resolution be amended to include protection of archeological resources.  Supervisor Bear supported the resolution asking that a minor change in #1 on Page 2 be made to either include the word “continue” or another word that reflects continuation or that #1 be struck in its entirety. The Chairperson acknowledged and welcomed Senator Boxer’s Staff Member, Tom Bohigian, thanking him for making an appearance at today’s meeting. 

The Chairperson opened the floor for public comment.  The following people addressed the Board to express either support (SP) or opposition (OP) for the proposed Wilderness legislation, with those supporting the legislation presenting letters of support from others who were unable to attend today’s meeting.  Mr. Bohigian throughout the discussion provided input and responded to questions.  William Wright (OP), Joe Andrews (OP), Robert Jellison (SP), Todd Vogel (SP), Frank Nyholt (OP), Rex Allen (OP), Mary Grimsley (OP), James Wilson (SP), Dick Noles (OP), Derrick Vocezka (SP), Richard Cervantes (OP), Rick Muskar (SP), Lisa Yeager (SP), Nancy Smith (SP), Ron Smith (SP), Brooke Yarnell (SP), Frank Stewart (SP), Mary Allen (OP), Maya Cahn (SP), Deborah Bendinelli (SP), Sally Miller (SP), Larry Thompson (OP), John Dittli (SP), Tom Sigler (OP), Ken Lloyd (OP), Dale Comontofski (OP), Stephen White (SP), Paul Fretheim (SP), Andy Selters (SP).  

The Chairperson recessed the regular meeting at 4:05 p.m., reconvening at 4:15 p.m., with all Board Members present, to continue taking public comment on the proposed Wilderness legislation.  Laurie Constan (SP), Lefty Irwin (OP), Mark Davis (SP), Allen Pietrasanta (SP), Ron Schiller (OP), Sophia Merk (OP), Paul McFarland (SP), Clark Trowell (SP), Ceal Klingler (SP), Tim Alpers (SP), Steve Howe (OP), Derham Gilliani (SP).  

At the conclusion of the public remarks the Board and Staff discussed at length and in detail the proposed legislation, the resolution, and the effects this legislation may have on different and various aspects of Inyo County.  In response to the concern sited by Supervisor Lent, Staff suggested alternative language for item #3 which would read as follows:  “Protect existing recreation, grazing, packing, mining, research, archeological and cultural uses on federal lands, including access.”  

It was moved by Supervisor Hambleton to adopt the resolution entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Regarding Proposed Legislation Extending the Wilderness System on the Inyo National Forest and Bureau of Land Management Lands Managed by the Bishop Field Office in the Eastern Sierra,” as amended to reflect the wording for #3 as recommended by Staff.  Supervisor Bear indicated that she would second the motion if the motion maker would possibly consider changing #1 to add the word “continue” as it relates to efforts to reach consensus.  The motion maker, Supervisor Hambleton, Supervisor Bear and the remaining Board Members discussed this change, with concerns about the ability to reach consensus being the focal point of the discussion.  At this point the County Administrator cautioned the Board with making too many changes that might limit the County’s ability to remain at the table as this legislation moves forward.   He reminded the Board that it is important for the County to continue to have a say in how this legislation is formulated.  County Counsel suggested alternative language to Supervisor Bear which would read “provide opportunities to obtain local consensus…”  Supervisor Bear said she liked that wording and asked Supervisor Hambleton to amend his motion to incorporate that language in #1.  The motion maker amended his original motion to include the wording for #1 as requested by Supervisor Bear.  Supervisor Hambleton restated his revised motion and it was seconded by Supervisor Bear as follows: 

Moved by Supervisor Hambleton and seconded by Supervisor Bear to adopt Resolution No. 2002-34, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Regarding Proposed Legislation Extending the Wilderness System on the Inyo National Forest and Bureau of Land Management Lands Managed by the Bishop Field Office in the Eastern Sierra,”  amended as follows:  #1 on Page 2 to read “Provide opportunities to obtain local consensus and support for any changes to public land designations in Inyo County and address the concerns of residents and public land users;” and #3 on Page 2 to read “Protect existing recreation, grazing, packing, mining, research, archeological and cultural uses on federal lands, including access,” and direct Staff to actively represent the County’s issues and concerns throughout the legislative process, particularly in the Congressional committee mark-up, hearings and amendment processes.  Motion carried unanimously.

Closed Session 

The Chairperson recessed open session at 7:05 p.m., to convene in closed session to discuss Agenda Items No. 33.  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. 12098;  No. 34. 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. 12098;  No. 35. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - Irrigation of Laws Ranch 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 Judgment, Inyo County Superior Court, Case No. 12908; No. 36. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - EIR/EIS Lower Owens River Project (LORP)  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 Judgment, Inyo County Superior Court, Case No. 12908; No. 37. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - Laws/McNally Canals 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 Judgment, Inyo County Superior Court, Case No. 12908;  No. 38. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - Lower Owens River Project Pumpback  Station 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. 12098; No. 39. 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;  No. 40. CONFERENCE WITH LABOR NEGOTIATOR [PURSUANT TO GOVERNMENT CODE SECTION 54957.6] -  Instructions to Negotiators re: wages, salaries and benefits - Title: ICEA – Negotiator: County Administrator and Personnel Analyst.

Report on Closed Session

The Chairperson recessed closed session at 8:25 p.m., to convene in open session to receive a report on closed session.  County Counsel 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 8:25 p.m., to 9:00 a.m., May 14, 2002, in the Board of Supervisors Room, at the County Administrative Center, in Independence.