Board Minutes - May 28, 2002

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County of Inyo

Board of Supervisors


The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 9:15 a.m., on Tuesday, May 28, 2002, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Linda Arcularius presiding, Julie Bear, Carroll M. Hambleton, Jr., and Michael Dorame.  Supervisor Lent was absent.  Supervisor Hambleton provided the Invocation, and Supervisor Dorame led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the public comment period and there was no one from the public wishing to speak.

 

Workshop/Vision Statement

The Chairperson recessed open session at 9:15 a.m., to convene in a workshop to continue discussions with the County Administrator, Mr. René Mendez, and the Assistant Director of Health & Human Services, Ms. Jean Dickinson, on the  development of a County Vision Statement.  At the conclusion of this workshop the Chairperson immediately convened the following workshop. 

 

Auditor/GASB 34 Workshop

The Chairperson convened the Workshop with the Auditor-Controller, Mr. George Holland on Governmental Accounting Standards Board, Statement Number 34 (GASB 34). The Chairperson recessed the workshop at 9:45 a.m., to reconvene in open session with all Board Members present except Supervisor Lent.

 

CAO-Purchasing/ Office Furniture

Moved by Supervisor Bear and seconded by Supervisor Hambleton to declare Sierra Office Supply a sole-source provider for office furniture and approve the purchase of 5 task and 8 guest chairs from Sierra Office Supply in an amount not to exceed $3,402, plus tax.  Motion carried unanimously, with Supervisor Lent absent.

 

Integ. Waste/Air Monitoring L. P. Landfill

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Agreement between the County of Inyo and Forensic Analytical for personal air monitoring at the Lone Pine Landfill for respirable dust, for the period of May 28, 2002, through June 30, 2002, in an amount not to exceed $2,265; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

County Counsel/ Dept. Conflict of Interest Codes

Moved by Supervisor Bear and seconded by Supervisor Hambleton to receive and approve the 2002 Conflict of Interest Codes and Conflict of Interest Code Biennial Reports from Inyo County Departments as recommended by Staff.  Motion carried unanimously, with Supervisor Lent absent.

 

H&H-Behavioral Hlth/Mono County Contract Amendment

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve Amendment No. 1 to the Contract between the County of Inyo and the County of Mono for the provision of residential alcohol and drug treatment increasing the Contract by $10,000 to a total not to exceed $70,000 for the period of July 1, 2001, through June 30, 2002; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

H&H-Behavioral Hlth/Vista Pacifica Contract Amendment No. 2

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve 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 for a total not to exceed $98,500 for the period of July 1, 2001, through June 30, 2002; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

H&H-Behavioral Hlth/Sycamore Hlth Care Contract Amendment No. 1

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve Amendment No. 1 to the Contract between the County of Inyo and Sycamore Health Care, Inc. for provision of mental health residential placement for adults in a locked facility increasing the Contract by $5,000 to a total not to exceed $89,000 for the period of July 1, 2001, through June 30, 2002; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

 

H&H-Hlth Serv./ Office Space Lease – Grove Street

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Lease Option provided in the Agreement between the County of Inyo and Connie and Michael Layne Trust for office space at 162 Grove Street, at the rate of $5,187 per month for the period of July 1, 2002, through June 30, 2002, contingent upon the Board’s adoption of a 2002/2003 County Budget; and authorize the Fiscal Services Director to provide written notice exercising the option to renew the Lease.  Motion carried unanimously, with Supervisor Lent absent.

 

H&H-Soc. Serv./ IMACA Head Start Contract Amendment No. 1

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve Amendment No. 1 to the Contract between the County of Inyo and IMACA Head Start Program for child abuse prevention services, reducing the Contract by $1,314 to a total not to exceed $68,686 for the period of July 1, 2001, through June 30, 2002; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

Resol. #2002-39/ Juvenile Justice Plan Modification

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-39 entitled “Resolution of the Board of Supervisors, County of Inyo, State of California, Authorizing the Chief Probation Officer to Sign and Submit the County’s Comprehensive Multiagency Juvenile Justice Plan Modification,” was adopted: motion unanimously passed and adopted, with Supervisor Lent absent.

 

P.W.-Rd. Dept./ Schober Ln. Re- surfacing Project

Plans and Specs.

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Plans, Special Provisions, and Bid Documents for the Schober Lane Resurfacing Project and authorize the Public Works Director to advertise for bids for the Project.  Motion carried unanimously, with Supervisor Lent absent.

 

P.W.-Rd. Dept./ Fish Springs Rd. Resurfacing Project Contract

Moved by Supervisor Bear and seconded by Supervisor Hambleton to award and approve the Contract for the Fish Springs Road Resurfacing Project to Granite Construction Company in an amount not to exceed $391,948; authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and authorize the Public Works Director to execute all other Contract documents, including Contract change orders, to the extent permitted by Public Contract Code Section 20142 and other applicable law.  Motion carried unanimously, with Supervisor Lent absent.

 

Rd. Dept./Fed Apportionment Exchange

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the 2001/2002 Federal Apportionment Exchange Program and State Match Program Agreement No. X02-5948(001), with the California Department of Transportation in the amount of $673,352 plus a State match of $100,000 for a total not to exceed $773,352 and authorize the Chairperson to sign the Agreement.  Motion carried unanimously, with Supervisor Lent absent.

 

Water Dept./Dr. Or Contract

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and Dr. Dani Or to provide groundwater modeling and consulting services for the period of May 1, 2002, through June 30, 2003, in an amount not to exceed $59,700, contingent upon the Board’s adoption of a FY 2002/2003 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

Recess/

Reconvene

The Chairperson recessed the open session at 10:40 a.m., reconvening 10:50 a.m., with all Board Members present except Supervisor Lent.

 

Planning-Resc. Mng./WEMO Plan

Mr. William Haigh provided a detailed and in-depth update on the West Mojave Coordinated Management Plan.  The Board, Staff and Mr. Haigh discussed various aspects of the Plan, with Ms. Sophia Merck and Mr. Bob Strub of Ridgecrest and Trona, California, respectively, supporting the plan.

 

Recess/

Reconvene

The Chairperson recessed regular session at 11:45 a.m., reconvening at 11:50 a.m., with all Board Members present except Supervisor Lent.

 

CAO-Auditor-DA/ Personal Services Contracts for Elected Officials

The County Administrator provided additional information and further justification for the request for personal services contracts for the District Attorney Elect and the Auditor-Controller Elect.  Mr. Mendez explained that this was a perfect opportunity for those officials to actively participate in various discipline training, such as budget, management, computer programs, etc.  He responded to questions from the Board explaining that the Contracts provide for a minimum wage reimbursement of hours while participating in training as well as travel and mileage reimbursement per the County’s policy.  Mr. George Holland, Auditor-Controller, and Ms. Leslie Chapman, Auditor-Controller Elect, addressed the Board to provide their perspectives on the Contracts. 

 

Moved by Supervisor Hambleton and seconded by Supervisor Dorame to approve the personal services contracts between the County of Inyo and the following for the period of May 1, 2002, through December 31, 2002, in an amount not to exceed $5,000 for each contract, contingent upon the Board’s adoption of the FY 2002-03 County Budget and authorize the Chairperson to sign: A) Art Maillet, District Attorney Elect and B) Leslie Chapman, CPA, Auditor-Controller Elect.  Motion carried unanimously, with Supervisor Lent absent.

 

Water Dept./

Joint Funding Agreement with Dept. of Interior

Supervisor Dorame asked if there was a way in which this money could also be used to study the Amargosa River with regard to the Wild and Scenic River designation.  Mr. Doug Daniels, Water Department, explained that funding may be available but not through this Agreement because of the grant proposal which was associated with this funding.  The Chairperson requested that Supervisor Dorame work with the Department to explore options for funding to develop a project to study the Amargosa River.    Moved by Supervisor Dorame and seconded by Supervisor Bear to approve the Joint Funding Agreement between the County of Inyo and the U.S. Department of Interior for ground water modeling for the period of June 1, 2002, through October 31, 2003, in the amount of $36,000, contingent upon the Board’s adoption of a 2002/2003 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

Org. Indy CofC

Mr. Rich White representing the Independence Chamber of Commerce, addressed the Board to support the Chamber’s letter requesting the Board’s support of the Chamber’s position regarding the local Four-Lane Project.  Mr. White provided the Board with an addendum to the letter asking the Board to also consider the impact on residents at the north end of town and explaining that the Chamber of Commerce was asking the Board to support the construction of a sound wall or similar barrier along the east side of the highway.  The Board, Staff and Mr. White discussed the Chamber’s recommendation.  Mr. Jeff Jewett, Public Works Director, explained that Caltrans has a process which they must follow and which includes the CEQA and NEPA processes.  He went on to explain that the processes including taking public input and cautioned the Board from circumventing the processes by deciding on an alternative before the process begins.  The County Administrator concurred with the Public Works Director’s remarks and suggested the Board direct the Public Works Director to draft a letter to Caltrans for the Chairperson’s signature which identifies the Community’s concerns.  Moved by Supervisor Hambleton and seconded by Supervisor Dorame to direct Staff to prepare a letter for the Chairperson’s signature notifying Caltrans of the concerns addressed by the Chamber of Commerce regarding the local Four-Lane Project and authorize the Chairperson to sign, contingent upon her acceptance of the letter.  Motion carried unanimously, with Supervisor Lent absent.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:55 p.m., reconvening at 2:05 p.m., with all Board Members present, except Supervisor Lent.

 

Resol. 2002-40 Payment of Tobacco Settlement Funds

The County Administrator explained that the proposed resolution before the Board would facilitate and expedite the future payment of Tobacco Settlement Funds to the local hospital districts per Measure B, without Board of Supervisors approval and thereby improving on the efficient delivery of the money.    On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-40 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Authorizing the County Disbursement of Future Tobacco Settlement Funds to Northern Inyo County Local Hospital District and Southern Inyo County Local Healthcare District,” was adopted: motion unanimously passed and adopted, with Supervisor Lent absent. 

 

CAO-Budget/FY 2001/02 Tobacco Settlement Proceeds

The County Administrator reviewed the Staff recommendation regarding the use of the $200,000 of Tobacco Settlement Proceeds which were appropriated by the County in FY 2001-02 for a health grant program which was not passed by the voters.  He explained that the recommendation to fund a portion of this year’s County contribution to health and human services was in keeping with the Board’s desire which was expressed in July, 2001, during budget hearings, to use the Tobacco Settlement Proceeds to support health services countywide.  He provided the Board with a letter received via FAX from Kenney Scruggs asking that the Board table the discussion of this item in order for the Hospital Districts to research the legality of the proposed use of these funds.  Mr. Paul Bruce, County Counsel, read the language of Measure B to the Board and refreshed the Board on the intent of the provisions of the  Measure as (a) described in County Counsel’s summary of the petition submitted to the Board requesting  the measure be placed on the ballot, (b) contained in the initiative (Measure B) and (c) defined in County Counsel’s impartial analysis of Measure B which appeared on the Ballot.  Mr. Mendez confirmed that $200,000 of Tobacco Settlement Proceeds were appropriated in FY 2001-2002 and that the amount was excluded from distribution to the hospitals per the language of Measure B.  Mr. Jim Bilyeu, President of the Southern Inyo Hospital District Board, addressed the Board to vehemently denounce the County’s proposed use for these funds and demand that the money be given to the hospitals per Measure B.  Mr. Richard Cervantes representing the Citizens in Support of Southern Inyo Hospital, echoed Mr. Bilyeu’s sentiments, explaining that with the failure of the County’s Measure A the money appropriated by the County in FY 2001-02 should be paid to the hospitals because he did not believe the Board’s appropriating the money qualified as a specific use.  The Board, Staff, Mr. Bilyeu and Mr. Cervantes discussed the language of Measure B and the Staff’s recommendation for the use of the FY 2001-2002 appropriated funds at length.  In response to the Board’s query concerning the supporters understanding of Measure B, Mr. Bilyeu indicated  that while the Southern Inyo Hospital District Board supported Measure B, he did not read the Initiative language in detail prior to taking a position to support the Initiative.  Mr. Bilyeu and Mr. Cervantes went on to indicate that while the specific language in Measure B may have provided that already appropriated Tobacco Settlement Proceeds were excluded from the distribution per Measure B,  the voters did not know what they were voting on and really expected the FY 2001-02 County appropriated money to go to the hospitals. The Board of Supervisors upheld their belief in the voters understanding of Measure B and indicated their intent to follow the voters directive in the distribution of the Tobacco Settlement Proceeds.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to A) reaffirm the intent of failed Measure A to utilize Tobacco Settlement Proceeds appropriated this Fiscal Year be used for a Countywide Health Grant Program and B) direct that the $200,000 allocated in the FY 2001/2002 County Budget be used to fund a portion of this Fiscal Year’s County contribution to the Health & Human Services Programs.  Motion carried unanimously, with Supervisor Lent absent. 

 

CAO-Budget/Third Quarter Report

The County Administrator reviewed the Year-End Financial Report.  He provided the Board with a copy of CSAC’s latest bulletin on the status of the State Budget and the current Budget proposals before the State legislature.  The Board and Mr. Mendez discussed the potential ramifications of the proposed State Budget actions on Inyo County.  The Board and Staff discussed the recommendation for implementation of a “hiring freeze” to begin to address the impacts.  Mr. Mendez provided the Board an update on the status of current county-wide recruitments.  The Board and Mr. Mendez discussed the various recruitments and other options, alternatives and strategies associated with implementing a “county-wide hiring freeze,” including (a) implementation of freezes for cost savings, (b) implementation for the purpose of keeping positions open so that if layoffs are required reassignments may be made, (c) selective freezes by identifying only general fund positions, or only in specific programs, (d) criteria for the types of positions that will be considered during a “hiring freeze,” etc.  Individual Board Members expressed their desire, when addressing a “hiring freeze,” to protect the jobs of employees already working for the County.  Mr. Mendez explained that he was recommending the “hiring freeze” be implemented on those positions identified in his report and any future vacancies, informing the Board that there were several open recruitments where positions had been offered and he was not proposing the County withdraw those offers.  Additionally during the discussion of a “hiring freeze” the Board and Mr. Mendez discussed the status of the “Equity and Reclassification” requests in light of a potential “hiring freeze.”  Mr. Mendez informed the Board that should they implement a “hiring freeze” he would suspend future recruitments, and that no requests for new positions nor equity or reclassification requests would be presented to the Board for consideration.  Additionally, Mr. Mendez indicated that he would not be bringing back for consideration requests for contracts for new services during the period of the “hiring freeze.”  Also during the discussion the Board and Mr. Mendez discussed the need for the Department Heads to be preparing for potential reductions in funding and services, with Mr. Mendez requesting that he be allowed to work with the Department Heads on reduction plans.    The Board and Mr. Mendez went on to discuss the projected length of time a “hiring freeze” would be in place. 

 

Moved by Supervisor Dorame and seconded by Supervisor Bear to

 

A) accept the Year-End Financial Report;

B) authorize the County Administrator and Auditor-Controller to transfer funds within the General Fund to ensure there are sufficient resources in the current Fiscal Year to adequately cover the projected increases in Net County Cost identified by Staff;

C) authorize the Auditor-Controller to make the budget adjustments identified by Staff;

D) authorize the Auditor-Controller to make year-end adjustments, as necessary, within each fund;

E) in response to the request for the Board to provide direction to staff to begin preparing the County’s response or plan to deal with any impacts from the State Budget, direct that a county-wide “hiring freeze” be implemented immediately, contingent upon the Board’s ability to revisit this hiring freeze whenever the impacts of the State’s budget on Inyo County are determined;

F) direct the CAO to prepare a rollover budget for the start of FY 2002/2003 and present if for approval on June 18, 2002; and

G) set the FY 2002/2003 Budget Hearings for the week of July 22, 2002 and direct the Clerk of the Board to advertise the Hearings.

Motion carried unanimously, with Supervisor Lent absent.

H&H-Children & Families Comm/ New Position

In light of the previous action implementing a county-wide “hiring freeze” the request from Health and Human Services, Children and Families Commission for approval of a change in authorized strength by adding one full-time Health and Human Services Specialist at a Range 53 ($2,199 - $2,577) was pulled from consideration at the request of the Department.

Planning Dept.- Yucca Mnt./Budget Adjustment

The request by the Planning Department for consideration to amend the FY 2001-2002 County Budget by A) increasing estimated revenue in Death Valley Regional Ground Water Monitoring Program Budget Unit 620697, Aid From Other Government Agencies (Revenue Code #4599) by $745,655 and               B) increasing appropriations as recommended by Staff by $63,600, was pulled from the Agenda at the request of the Department.

 

Water Dept./ Standing Water Committee Mtg.

The County Administrator updated the Board on the status of the Standing Committee Meeting which was scheduled for May 31, 2002, informing the Board that the meeting has been cancelled and that the Operational Plan has been scheduled to be discussed at a meeting of the Technical Committee and upon a recommendation coming forward from the Technical Committee the process will continue. 

 

BofS/Minute Approval

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the minutes of the May 14, 2002, Board of Supervisors Meeting.   Motion carried unanimously on a three-to-zero vote with Supervisors Arcularius, Hambleton and Dorame voting yes, with Supervisor Bear abstaining and with Supervisor Lent absent.

 

Closed Session

Announcement

County Counsel reported that Agenda Items No. 28. 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 of Judgement, Inyo County Superior Court, Case 12908; No. 29. CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case – LORP 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 of Judgement, Inyo County Superior Court, Case 12908; No. 30. 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. 31. CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED 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, were being pulled from the Agenda and would not be discussed in closed session.

 

Closed Session

The Chairperson recessed open session at 5:10 p.m., to convene in closed session, with all Board Members present, except Supervisor Lent to discuss Agenda Items No. 32. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Employee Organization – ICEA - Negotiators – County Administrator and Personnel Analyst and No. 33. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (PURSUANT TO GOVERNMENT CODE SECTION 54956.8) – Property – Northern  Sewage Settling Pond – Tecopa Hot Springs Resort – Between Noonday Road and Old Spanish Trial Highway; Assessor’s Parcel No. 45-300-03 – Agency negotiators – Deputy County Administrator and Director of Public Works – Negotiating Parties – Principal Owner – Amy Noel – Under Negotiation – Price and Terms of Payment. 

 

Report on Closed Session

The Chairperson recessed closed session at 7:15 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 7:15 p.m., to 9:00 a.m., June 4, 2002, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

 

_______________________________________
   Chairperson, Inyo County Board of Supervisors

 

Attest:   RENÉ L. MENDEZ
         Clerk of the Board

    by:        ___________________________________
                   
Patricia Gunsolley, Assistant

 

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