Board Minutes - September 17, 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, September 17, 2002, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Linda Arcularius presiding, Julie Bear, and Carroll M. Hambleton, Jr., Supervisors Ervin Lent and Michael Dorame were absent.   Supervisor Hambleton provided the Invocation, and Supervisor Bear led the Pledge of Allegiance.

 

 

Commemoration

Prior to announcing the public comment period the Chairperson, Supervisor Arcularius, read into the record an essay written by Kelsey Tatum, Bishop High School Girl State Representative, on Americanism.  Supervisor Arcularius explained that the essay was written after Kelsie had toured the American Memorial at Normandy, France.  The Chairperson requested that the essay be memorialized in the minutes in its entirety as the County’s commemoration of the events of September 11, 2001.  The essay was read into the record as follows:

AMERICANISM - June 6, 1944:  Thousands of American soldiers fell simultaneously on the beaches I just crossed….But today, seeming near an eternity later, each foot, slowly, gracefully, respectively after the other…my entire being spins in circles as my eyes run rampantly through the sea of stone white, not only remembering what the strong crosses represent, but also the bravery of the men within them.  ‘Their graves are the eternal symbol of their heroism and sacrifice to the common cause of humanity.’

‘September 11 brought out the best in America,’ said George W. Bush after the tragic terrorist attacks against the United States.  Meanwhile, Americans everywhere fly flags, buy bumper stickers, and show support and respect to the thousands of people who lost their lives during the events of September 11.

America under attack, America at war, America’s fallen soldiers, Americas pride, support and respect….Americanism.  But can we truly define Americanism?  Under my definition, Americanism isn’t a quality to possess, it is instead a goal to establish.  As we evaluate our reactions to the tragedy of September 11, we have pride in our country for pulling together in a time of pain, loss, and fear.  I commend the people of America for having such strength, but I also encourage a continued strength and pride.  I suggest that achieving the goal of Americanism is an act of our higher self, instead of returning to the ways of habitual living, we should choose to look upon every new day as an opportunity to be the compassionate, loving, and empathetic individuals we are capable of being. 

I entertain the thought of a society where compassion is universal and instead of a dream for the present, I see a goal for the future…the breeze slowly brushes the hair across my face and I walk along the solid, cement pathway.  Pulling away from the overwhelming sadness of the death and sacrifice represented by each stone cross, my eyes drift toward the sky, where instead of hearing the whisper of wisdom, I find the years of American progress.  Each thread sewn with love and compassion to represent the emotions experienced throughout America’s history.  The fibers contain our growth, knowledge, sacrifice, and strength.  Americanism isn’t a condition, it is instead a journey, and as I continue my final steps, I stare upward and focus on the waving symbol of peace and understanding, strength and pride.  Each star and stripe and single thread shaped and created by the wisdom and power behind it.  The future goal rises above me, always superior and victorious, no matter how sharp the breeze or the direction, the American flag waves proudly…Kelsie J. Tatum”

 

Public Comment

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

 

Workshop/ Mental Hlth Outcomes

The Chairperson recessed open session at 9:20 a.m., to convene in a workshop with representatives of the Health and Human Services Department on Mental Health Outcomes.  The Chairperson recessed the workshop at 10:05 a.m., to convene in open session with Supervisors Arcularius, Bear and Hambleton present, and Supervisors Lent and Dorame absent.

 

BofS/RSIP Funding

Moved by Supervisor Hambleton and seconded by Supervisor Bear to approve the letter to Senators Boxer and Feinstein urging the restoration of full funding for the US Department of Agriculture’s Rural Strategic Investment Program (RSIP) as part of the FY 2003 Agriculture appropriations bill (S. 2801); and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

CAO-Info Serv./

Fiber-optic Cable Link

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and the City of Los Angeles, Department of Water and Power, which allows for the attachment of  a fiber-optic cable link between the Jail Facility and the Annex Building on utility poles and provides for a ten-year attachment lease, for the period of August 15, 2002 through August 14, 2012, at the rate of $500 per year, plus a one-time administrative fee in an amount not to exceed $3,000, contingent upon the Board’s adoption of future budgets and the appropriate signatures being obtained; and authorize the County Administrator to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

CAO-Info Serv./

Microsoft Server Software

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve a purchase order for the purchase of Microsoft Exchange server software and thirty (30) associated Client Access Licenses to Insight, in an amount not to exceed $4,540.00, contingent upon the Board’s adoption of a FY 2002-03 budget.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

CAO-Info Serv./ Insight P.O. Software

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve a purchase order and declare Insight as the “sole-source” vendor for the purchase of Microsoft software products through January 31, 2003, contingent upon the Board’s adoption of a FY 2002-03 budget.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

Parks/Izaak Walton Play Equipment P.O.

Moved by Supervisor Bear and seconded by Supervisor Hambleton to award the bid and approve the purchase order for the construction of play equipment at Izaak Walton Park to Little Tykes Commercial Play Systems of Huntington Beach, in an amount not to exceed $21,311.32, and authorize the purchase order to be issued after completion of the project.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Road Dept./

Ed Powers Rd. Closure

The request by the Road Dept. for the Board to approve the temporary closure of the south end of Ed Powers Road at the State Highway 168 intersection for a period of one day to enable contract (CalTrans) road improvements, was pulled from the Agenda at the request of the department.

 

Planning/P.H. on Z.R. 2002-2/

ESIA Vistor Center

Mr. Courtney Smith, Associate Planner, provided a detailed review of the Staff Report and recommendations regarding Zone Reclassification No. 2002-2/Eastern Sierra Inter-Agency Visitors Center.  The Chairperson opened the public hearing, at 10:18 a.m., to consider the proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2002-2/Eastern Sierra Inter-Agency Visitor Center and Amending ordinance No. 943, the Inyo County Zoning Ordinance, by Reclassifying a 12-Acre Portion of a Parcel Located at 100 Highway 136 from OS-40 (Open Space - 40-Acre Minimum) to P (Public).  Mr. Ed Pitman, Project Manager for the Eastern Sierra Inter-Agency Visitor Center expansion project, addressed the Board to support the Ordinance.  There being no one else from the public wishing to speak, the Chairperson closed the public hearing at 10:20 a.m.

 

Resol. #2002-54/Mitg. Neg. Declaration

On a motion by Supervisor Hambleton and a second by Supervisor Bear, Resolution No. 2002-54, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification #2002-2 and Certifying the Mitigated negative Declaration of Environmental Impact Prepared Pursuant to the California Environmental Quality Act for the New Eastern Sierra Inter-Agency Visitor Center” was adopted:  motion unanimously passed and adopted with Supervisors Lent and Dorame absent.  

 

Planning/Ord. For Z.R. 2002-2

Moved by Supervisor Hambleton and seconded by Supervisor Bear to waive the first reading of the ordinance approving Zone Reclassification No. 2002-2/ Eastern Sierra Inter-Agency Visitor Center; and schedule 10:05 a.m., on September 24, 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, with Supervisors Lent and Dorame absent.

CAO-Personnel/ VSO Require-

ments

 

The County Administrator provided additional information and further justification for the ordinance deleting the requirement for the Veterans Service Officer to obtain and maintain federal certification.  He explained that this would not diminish the service being provided to the veterans and would promote the effectiveness of the Department.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to A) waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors, County of Inyo, State of California, Amending Section 2.30.050(d) of the Inyo County Code to Delete the Requirement for the County Veterans Service Officer to Obtain and Maintain Federal Certification;” and B) schedule 10:05 a.m., on October 1, 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, with Supervisors Lent and Dorame absent.

 

Transit/LeFever Contract of Bus Advertising Sales

With regard to the request to ratify a contract for bus advertising sales, the County Administrator provided an explanation on the reasons for asking the Board to ratify a contract.  He explained that  one reasons was because charges had been incurred prior to approval and the other being because the contract date is prior to the approval.  He clarified the reason for the ratification of the Contract with Mr. LeFever was based on the date of the contract, July 1, 2002, being prior to today’s approval date.  Ms. Monika Watterson, Transit Program Director, provided additional information and further justification for the contract with Bill LeFever for transit bus advertising sales.  She explained that the County received a percentage of the revenues received on this advertising.  Moved by Supervisor Hambleton and seconded by Supervisor Bear to ratify the Contract between the County of Inyo and Bill LeFever for transit bus advertising sales service for the period of July 1, 2002, through June 30, 2006, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Probation/Bar-O- Boys Ranch Contract

Moved by Supervisor Bear and seconded by Supervisor Hambleton to ratify the Contract Amendment between the County of Inyo and Bar-O-Boys Ranch for the supervision of juvenile commitments in the amount of $2,300 per month per minor, in an amount not to exceed $27,600, for the period of July 1, 2002, through June 30, 2003, contingent upon the Board’s adoption of a FY 2002-03 budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

P.W./TEA Grant  for a portion of the Dehy Park Project

Moved by Supervisor Hambleton and seconded by Supervisor Bear to approve the TEA Grant Application for the Scenic and Historical Link to the Eastern Sierra Scenic Byway and Tourist Center Facility and authorize the County Administrator to sign the application and submit it to the Inyo County Local Transportation Commission.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Road/D.V. Road Project Contract

Mr. Jeff Jewett, Director of Public Works, provided the Board with the Staff recommendations regarding the award of the Contract for the Death Valley Road Resurfacing Project.  He asked the Board to award the bid to the low bidder, Granite Construction Company in the amount of $563,713.  He explained that the low bid was almost 15% higher than the Engineers Estimate.  He explained that Staff had reviewed the estimates and decided that the County’s Engineerings Estimate for the asphalt product was much lower than those bid by all responders to the RFP, which were fairly close in price.  He explained that while the higher price would make the project tight on the contingencies, that he felt with a close control and management of the project it could be completed within the budgeted amount.  He also explained that the funding for this project was originally lost due to project delays and as a result of an appeal the project funding was reinstated.  He also informed the Board should there be a delay in this project approval, it would result in the project funding being cancelled, and the project would then have to be re-programmed into a future STIP cycle.   Moved by Supervisor Hambleton and seconded by Supervisor Bear to award and approve the Contract for the Death Valley Road Resurfacing Project to Granite Construction Company in an amount not to exceed $563,713, contingent upon the Board’s adoption of a FY 2002-03 budget, authorize the Chairperson to sign the Contract, contingent upon review of the bids by County Counsel, and 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 Supervisors Lent and Dorame absent.

 

Announcement

County Counsel announced that closed session agenda items No. 19.  CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code § 54957.6].  Instructions to Negotiators re: wages, salaries and benefits - Employee Organization: ICEA - Negotiators: County Administrator and Personnel Analyst and No. 20.  CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code § 54957.6].  Instructions to Negotiators re:  wages, salaries and benefits - Employee Organization:  Elective Officials Assistant Association (EOAA) - Negotiators:  County Administrator & Personnel Analyst, were being pulled from the Agenda and would not be discussed in closed session.

 

Closed Session

The Chairperson recessed open session at 11:00 a.m.,  to convene in closed session will all Board Members present, except Supervisors Lent and Dorame, to address agenda items No. 15 CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION  [Pursuant to Government Code § 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. 16.  CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION  [Pursuant to Government Code § 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 for Judgment, Inyo County Superior Court, Case No.  12908; No. 17.  CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)]. One Case.  Big Pine Ditch Dispute between LADWP and County 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; and No. 18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)].  Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768.

 

Report on Closed Session

The Chairperson recessed closed session at 12:15 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 12:15 p.m., to 8:00 a.m., September 24, 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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Last Updated: May 18, 2006