County of Inyo

Public Comment

The Chairperson announced the public comment period.  Mr. Dick Noles updated the Board on the status of the water guzzlers in the Inyo and White Mountains. 

Introduction

Mr. Bill Michael, Museum and Library Director, introduced Miriam Steelman, Museum Secretary, to the Board. 

H&H-Behavioral Hlth Workshop

The Chairperson recessed open session at 9:15 a.m., to convene in a workshop with Health and Human Services on the fiscal portion of the Behavioral Health Program.  The Chairperson recessed the workshop at 10:35 a.m., to convene at 10:45 a.m., in open session with all Board Members present, except Supervisor Bear.

County Counsel/ Local Agencies Conflict Codes

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to receive and approve the Conflict of Interest Codes and the Conflict of Interest Code Biennial Reports from Local Agencies as recommended.  Motion carried unanimously, with Supervisor Bear absent.

H&H-Behavioral Hlth/Olive Vista Placement Contract

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and Olive Vista Rehabilitation Center for the provision of mental health placement services in an amount not to exceed $8,600 for the period of March 11, 2002, through June 30, 2002; and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Bear absent.

P.W.-Bldg. & Mnt./ Heat Pump Replacement

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve an emergency purchase of a replacement heat pump from Dean’s Plumbing & Heating in an amount not to exceed $18,194.  Motion carried unanimously, with Supervisor Bear absent.

P.W.-Bldg. & Mnt./ Superior Court II Building Lease

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the Lease Agreement between the County of Inyo and Robert Bell for the Superior Court II building at 345 S. Clay Street in Independence, at the rate of $1,135 per month, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

P.W./Old Sherwin Grade Plans & Specs.

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the Plans, Special Provisions and Bid Documents of the Old Sherwin Grade Reconstruction Project and authorize the Public Works Director to advertise for bids for the project.  Motion carried unanimously, with Supervisor Bear absent.

Resol. #2002-35/ Completion of Water Line Relocation 

On a motion by Supervisor Dorame and a second by Supervisor Hambleton, Resolution No. 2002-35 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for the Independence Courthouse Annex Water Line relocation Project:  motion unanimously passed and adopted, with Supervisor Bear absent.

Rd. Dept./Crack Filler P.O.

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the purchase of 18,500 pounds of crack filler from Maxwell Products, Inc., in an amount not to exceed $4,230.95 plus sales tax.  Motion carried unanimously, with Supervisor Bear absent.

Water Dept./ Equipment P.O.

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the purchase of scientific equipment to perform vadose zone studies for the DWR Grant front Campbell Scientific, Inc., in an amount not to exceed $6,263.92 plus tax.  Motion carried unanimously, with Supervisor Bear absent.

Resol. #2002-36/ Revised Statute 2477

The Planning Director and the Resource Management Coordinator reviewed the Staff report and the proposed resolution setting forth the County’s position on United States Revised Statute 2477.  Mr. Earl Brown addressed the Board to support the resolution, as did Mr. Sam Wasson and Mr. Dick Noles.  Mr. Rex Allen addressed the Board to support the resolution and ask that it be amended to include a protection for the County that notification of road closures by Federal agencies be provided to the County.  Additionally the Board, Staff and members of the audience discussed addressing the maintenance of roads issues to ensure that the County was not required to maintain a road in order for the right-of-way to be in effect and discussed an Assistant County Counsel memorandum, dated May 3, 2002, regarding the County’s liability for unaccepted Revised Statute 2477 Roads.  On a motion by Supervisor Dorame and a second by Supervisor Lent, Resolution No. 2002-36, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, reaffirming and establishing standards for the recognition of rights-of-way in accordance with United States Revised Statute 2477,” is adopted and amended to include an item which addresses that the County maintains RS 2477 rights-of-way whether they are maintained or not and requesting that all federal agencies notify the County of any action pending or intended which may close or significantly restrict the use of any road in Inyo County: motion unanimously passed and adopted, with Supervisor Bear absent.

Planning Dept./ RAP Comments

With regard to page 1, item 2) of the letter, Supervisor Dorame queried Staff on their use of disbursement instead of dispersion, with Staff acknowledging that the word which should be used is dispersion.  Moved by Supervisor Hambleton and seconded by Supervisor Lent to approve the letter which articulates the County’s comments on the Inyo National Forest Roads Analysis Process (RAP) and addresses the RAP Key Questions and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

BofS/RCRC-RAI-BOS Scholarship Policy and Procedure

With regard to the proposed policy for the RCRC-RAI – Board of Supervisors Annual Scholarship, Supervisor Hambleton suggested that instead of selecting the District to begin this process through a random drawing that the Board designate the First District to begin the process.  The County Administrator concurred with the recommendation to begin the first year of the program with the First District, saying that this will assist Staff in keeping track of the program.  Supervisor Dorame requested that Page 2, Letter E be revised to take out the reference “who resides in the District awarding the scholarship,” because in his District there may be a situation where a student attends High School in the District but does not reside in the District.  Moved by Supervisor Dorame and seconded by Supervisor Hambleton to A) authorize the County of Inyo’s participation in the Regional Council of Rural Counties and Rural Alliance Inc. Rural Scholarship Program; B) approve the proposed Policy and Procedures for the annual award of this scholarship, with Page 2, Letter E amended to delete “who resides in the District awarding the scholarship;” and C) select District One to begin the scholarship award rotation cycle and make this year’s recommendation for award.  Motion carried unanimously, with Supervisor Bear absent.

Resol. #2002-37/ Deed for L.P. Film Museum Property

On a motion by Supervisor Dorame and a second by Supervisor Hambleton, Resolution No. 2002-37  entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California Accepting the Grant Deed for the Lone Pine Film Museum Property,” was adopted and direction to the Clerk of the Board to record the Deed with the Inyo County Clerk-Recorder.  Motion carried unanimously, with Supervisor Bear absent.

Museum/Co-op Agreement with National Park Service

Moved by Supervisor Lent and seconded by Supervisor Hambleton to A) approve the Cooperative Agreement between the National Park Service, Manzanar National Historic Site and the County of Inyo to establish a framework for sharing information, work, and opportunities for the protection, management, interpretation and development of the Manzanar National Historic Site; B) direct the Museum Director to sign the associated certifications related to this Agreement; and C) authorize the Museum Director (per Inyo County Code Section 2.52.040) to sign task agreements and to accept funds to carry out the provisions of the Agreement for individual projects less than $10,000.  Motion carried unanimously, with Supervisor Bear absent.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:10 p.m., reconvening at 1:15 p.m., with all Board Members present, except Supervisor Bear.

CAO-Budget Amendment Tobacco Settlement 

The County Administrator explained that this item will transfer Tobacco Settlement proceeds received by the County to the Local Hospital Districts.  He also explained that in the next couple of weeks he will be bringing forth a resolution for the Board’s consideration which will streamline this process and eliminate the need for Board action.   Moved by Supervisor Dorame and seconded by Supervisor Hambleton to amend the FY 2001/02 County Budget, as follows (a) increase estimated revenue in General Revenues and Expenditure Budget Unit 011900, Miscellaneous Revenue (Revenue Code #4959) by $16,844 from tobacco settlement proceeds and (b) increase appropriations in the Auditor-Controller – Tobacco Budget Unit 010409, Non Operating (Object Code #5322) by $16,844.  Motion carried unanimously, with Supervisor Bear absent.

County Counsel/ Price & Brumfield Contract Amendment

Moved by Supervisor Lent and seconded by Supervisor Hambleton to approve Amendment No. 1 to the Contract between the County of Inyo and the Law Firm of Price & Brumfield, for the provision of legal services extending the ending date of the Contract from June 30, 2002, to June 30, 2003 and increasing the Contract by $25,000 to an amount not to exceed $50,000, contingent upon the Board’s adoption of a FY 2002/2003 budget and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

County Counsel/ Kirby Contract Amendment

Moved by Supervisor Hambleton and seconded by Supervisor Dorame to approve Amendment No. 1 to the Agreement between the County of Inyo and John D. Kirby, A.P.C., for the provision of legal services for the period of July 1, 2001, through June 30, 2002, increasing the Contract by $20,000 to an amount not to exceed $160,000; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

Supervisor Bear absent.

BofS/Minute Approval

Moved by Supervisor Hambleton and seconded by Supervisor Lent to approve the minutes of Special Board of Supervisors Meetings of A)  April 30, 2002 and B) May 1, 2002.  Motion carried unanimously, with Supervisor Bear absent.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding weeks, including an Inter Agency Visitor Center Board Meeting, a Great Basin APCD Meeting, a Work Investment Board Meeting, meetings with Senator Feinstein Representatives, and the upcoming RCRC Meeting.   The County Administrator informed the Board that he will be out of County attending the CAO’s Meeting on the Governor’s Budget May Revise.  

County Counsel/Closed Session

County Counsel, Mr. Paul Bruce, notified the Board that closed session Agenda Items No. 21.   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; and No. 22. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits –  Employee Organization – ICEA – Negotiators – County Administrative Officer and Personnel Analyst, were being postponed.

Adjournment

The Chairperson adjourned the regular meeting at 2:10 p.m., to 9:00 a.m., May 21, 2002, in the Board of Supervisors Room, at the County Administrative Center, in Independence.