County of Inyo

Public Comment

The Chairperson announced the public comment period.  Mr. Richard Cervantes notified the Board that he would be addressing the “fireworks” ordinance when the item is brought forward.  Mr. Andrew Remus reported on a DOE Meeting he had attended last week, in Nevada.  Mr. Jeff Jewett provided the Board with a copy of the Bikeway Master Plan, asking for comments by November 8, 2002.  Mr. Jack Pound, Independence Resident, read a letter into the record addressing last week’s item concerning the Independence Regreening Project and requesting the County move forward with the Project as it is identified in the Long Term Water Agreement.  Mr. Pound asked that DWP be directed to begin implementation of the regreening by November 5, 2002. 

H&H-Hlth Serv./ Bioterrorism Plan

Ms. Tamara Pound, Director of Clinical Services for the Health and Human Services Department, presented and reviewed the Public Health Preparedness and Response to Bioterrorism Plan by providing a brief synopsis of the plan.

CAO-Purchasing/ Furniture Bid

Moved by Supervisor Bear and seconded by Supervisor Lent to award Bid No. 2002-03 for and approve the purchase of office furniture for Inyo Mono Transit, as recommended by Staff.  Motion carried unanimously.

Integ. Waste/D-6 Dozer Rental

Moved by Supervisor Bear and seconded by Supervisor Lent to ratify the emergency purchase order to Shepherd Tractor/Machinery in the amount of $4,528.73, for the rental and transportation of a D-6 Dozer for use at the Bishop-Sunland Landfill.  Motion carried unanimously.

Integ. Waste/ Portable Litter Fence P.O.

Moved by Supervisor Bear and seconded by Supervisor Lent to approve the purchase order to High Sierra Welding in an amount not to exceed $4,699.55, for the construction of six portable litter fences for use at the Bishop-Sunland Landfill.  Motion carried unanimously.

Museum/Com-

mander’s House Lease

Supervisor Hambleton indicated that through discussions with Mr. Bill Michael, Library/Museum Director, he had requested an item be brought forward regarding the plans for the Commander’s House.  Moved by Supervisor Bear and seconded by Supervisor Lent to approve the Lease Agreement between the County of Inyo and City of Los Angeles Department of Water and Power for the Commander’s House for the period of July 1, 2002, through June 30, 2007, in an amount of $360 for this year and $500 per year for the remainder of the Contract; and authorize the Chairperson to sign.  Motion carried unanimously.

Parks/Lone Park and Ballpark Lease

Moved by Supervisor Bear and seconded by Supervisor Lent to approve the Lease Agreement between the County of Inyo and the City of Los Angeles Department of Water and Power for property utilized for the Lone Pine Park and Ballpark for the period of October 1, 2002, through September 30, 2007, at the rate of $500 per year; and authorize the Chairperson to sign.  Motion carried unanimously.

Parks/Little League Ballpark Lease

Moved by Supervisor Bear and seconded by Supervisor Lent to approve the Lease Agreement between the County of Inyo and the City of Los Angeles Department of Water and Power for property utilized for the Little League Ballpark, for the period of September 1, 2002, through August 31, 2005, at the rate of $360 for this year and $500 per year for the remainder of the Contract; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-Behavioral Hlth/SAMHSA Grant

Moved by Supervisor Bear and seconded by Supervisor Lent to ratify the Behavioral Health Director’s signature on the renewal application for the SAMHSA federal block grant in the amount of $160,239 for FY 02/03.  Motion carried unanimously.

H&H-Social Serv./UC Davis Training Contract

Moved by Supervisor Bear and seconded by Supervisor Lent to approve the Contract between the County of Inyo and the Regents of the University of California, Davis Campus University Extension, for training for the period of July 1, 2002, through June 30, 2003, in an amount not to exceed $30,450; and authorize the Chairperson to sign.  Motion carried unanimously.

Planning Dept./ Computer P.O.

Moved by Supervisor Bear and seconded by Supervisor Lent to approve the purchase of a laptop computer and necessary accessories and software through the CMAS Agreement from CDW-Government of Tempe, Arizona, in an amount not to exceed $2,500, plus shipping.  Motion carried unanimously.

P.W.-Bishop A/P/ Hood Installation

Moved by Supervisor Bear and seconded by Supervisor Lent to approve a purchase order to Dean’s Plumbing and Heating for the installation of a hood at the Bishop Airport Restaurant, in an amount not to exceed $3,200.  Motion carried unanimously.

Road/Storm Drain Pipe P.O.

Moved by Supervisor Bear and seconded by Supervisor Lent to ratify the purchase of 460 lineal feet of 24” plastic storm drain pipe from Brown’s Supply, in an amount not to exceed $7,673.  Motion carried unanimously.

Water Dept./ Computer P.O.

Moved by Supervisor Bear and seconded by Supervisor Lent to approve the purchase through the CMAS Agreement of the following a) one enhanced personal computer from Gateway in an amount not to exceed $2,610, not including tax and shipping; and b) a Western Digital 100GB EIDE Hard Drive from CDW-G in an amount not to exceed $172.51, including tax and shipping.  Motion carried unanimously.

H&H-Behavioral Hlth/AODS Schools and Communities Grant

Ms. Jean Dickinson, Assistant Director of Health & Human Services, responded to questions from the Board regarding the AODS Safe and Drug-Free Schools and Communities funds.  She explained that  the services to be provided through this grant would be provided to students at the Jill Kinmont Boothe Continuation School in Bishop.  She confirmed to the Board that due to time constraints, the application was submitted prior to today’s discussion and final approval by the Board.  The Board expressed their concern with the grant being submitted prior to approval by the Board.  The Board also indicated their desire to see the grant criteria process implemented in the near future in order to establish a process for scrutinizing and prioritizing grants.  Moved by Supervisor Lent and seconded by Supervisor Hambleton to authorize the submission of a grant application to the California Department of Alcohol and Drug Program for Safe and Drug-Free Schools and Communities funds in the amount of $200,000 per year for three years; and authorize the Inyo County Alcohol and Drug Administrator to sign.  Motion carried unanimously.

CAO-Personnel-DA/Vacant Positions

The District Attorney, Phil McDowell, addressed the Board to provide additional information, further justification and respond to questions regarding the request to fill vacant budgeted positions. The County Administrator and the District Attorney provided additional information regarding the request for permission to temporarily fill the vacant Deputy DA position because of the length of time it will take to bring a permanent employee on board and the need for on-going DA services.   

Moved by Supervisor Hambleton and seconded by Supervisor Bear to authorize the filling of one full-time Welfare Fraud/SRVP Investigator and one Deputy District Attorney.  Motion carried unanimously.

Moved by Supervisor Bear and seconded by Supervisor Lent to authorize, as necessary, the filling of the vacant Deputy District Attorney position, on a temporary basis.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:40 a.m., reconvening at 10:55 a.m., with all Board Members present.

H&H-Children & Families Comm./

Strategic Plan

The Board continued last week’s discussion on the Children and Families Commission’s Strategic Plan.  The Board Members provided input regarding what they envision are the challenges affecting health, safety, and growth and learning of children ages 0-5 years and their families in Inyo County, including: difficulty in obtaining affordable child care, obtaining medical and dental care, perinatal care and proper nutrition. 

Assets and resources for outreach were identified, including: the hospital auxiliaries, boy scout troops, the ministerial association, in the Tecopa area the Senior Citizen’s Group, soccer groups, home schooling coalition, IMAAA for the grandparents program and local school boards.  Supervisor Bear thanked the members of the Board for their input and explained that the Commission would be taking an active role in the data compilation process and interpretation.

P.W.-Town Water Systems/

Telemetry System

Mr. Jeff Jewett, Public Works Director, provided additional information regarding the request to purchase a telemetry system for the operation of the Town Water Systems.  Moved by Supervisor Dorame and seconded by Supervisor Hambleton to declare Roper Associates as sole-source providers of Rugid Telemetry Systems communication equipment, including training and installation; and authorize the purchase of the Rugid Telemetry Systems for the Town Water Distribution Systems from Roper Associates in an amount not to exceed $38,424.  Motion carried unanimously.

Planning Dept./ CDBG for Planning & Technical Assistance Funds

Ms. Andrea Clark, Resource Management Coordinator, provided additional information, further justification and responded to questions regarding the request to authorize the submittal of applications for Community Development Block Grant (CDBG) Planning and Technical Assistance funds.  The Board and Staff discussed the reasons for the exclusion of south County from the grant parameters, including how the information regarding the target population will be utilized.  Ms. Clark went on to explain that because the grant parameters allow for no more than one-half of the geographic area in the jurisdiction to be covered by the grant, as much of the County as possible was identified in the application, without exceeding the limitations established by the parameters.  She confirmed that in order for the County to be eligible for future larger CDBG grants, the County must have the information, which will be compiled by these grants.   Ms. Clark also confirmed that while south County information is not a part of these grants, the County is not precluded from including the southern portion of the County from future different and/or larger grant applications.   The Board and Staff went on to discuss the following: (a) the potential for the County to receive larger grant awards in the future; (b) the essential need for the County to demonstrate its capabilities to handle these smaller grants in order to be considered for future larger grants; and (c) the County’s ability to expand the scope of work of any contract which may be forthcoming as a result of these grants to include south County, to be paid for by the County. 

The Chairperson opened the public hearing at 12:42 p.m., to solicit comment on the County’s proposed application for Community Development Block Grant (CDBG) Planning and Technical Assistance funds.  There being one from the public wishing to comment the Chairperson closed the public hearing at 12:43 p.m.  

Resol. #2002-63/

CDBG Grant Gen. Pgrm.

On a motion by Supervisor Hambleton and a second by Supervisor Bear Resolution No. 2002-63, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, approving an application for funding from the Planning/Technical Assistance Allocation of the State Community Development Block Grant Program for General Program Purposes and authorizing the Planning Director to act on behalf of the County with Respect to the Application” was adopted: motion unanimously passed and adopted.

Resol. #2002-64/ CDBG Grant Econ. Develop.

On a motion by Supervisor Lent and a second by Supervisor Dorame, Resolution No. 2002-64,  entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, approving an application for funding from the Planning/Technical Assistance Allocation of the State Community Development Block Grant Program for Economic Development and authorizing the County Administrative Officer to act on behalf of the County with respect to that Application” was adopted: motion unanimously passed and adopted.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 1:50 p.m., to reconvene at 2:50 p.m., with all Board Members present.

CAO-Fireworks Ordinance

The County Administrator prefaced the discussion regarding direction on a permanent ordinance restricting the use of fireworks in the County by providing a brief history of Urgency Ordinance 1053 currently restricting the use of fireworks in Inyo County, and the sunset clause ending the requirements of the ordinance on October 31, 2002.  Mr. Mendez reviewed the information contained in the Staff report and reiterated the reasons why he felt it was necessary to permanently establish an ordinance restricting the use of fireworks in the County.  Mr. Paul Payne and Mr. Richard Cervantes addressed the Board to oppose any ban on the use or sale of “safe and sane” fireworks in Inyo County. 

The Board, Staff and members of the audience discussed various aspects of the ordinance including enforcement, the difference between illegal, and safe and sane fireworks, the increased regulations, the loss of historic patriotic activities, and the diminishment of personal freedoms.  Mr. Ray Saguine, Chief of the Bishop Rural Fire Department and representing the other local Fire Chiefs, addressed the Board to support a permanent restriction of fireworks in the County, saying that with regard to allowing fireworks, the risks far out-weight the benefits.   Discussion continued on the County Administrator’s recommendations, with Supervisor Dorame and Supervisor Lent opposing a total ban, with Supervisor Hambleton and Bear supporting the total ban, and with Supervisor Arcularius opposing any ban, explaining she did not believe that the ban on “safe and sane” fireworks would address the issues relative to “illegal” fireworks.  The Board, Staff and members of the audience continued to discuss the proposed ban, including the loss of income to the non-profit organizations that use the sale of fireworks as their yearly fundraisers and how the restrictions will affect other jurisdictions such as the tribes and the City of Bishop.

At the conclusion of the conversation the County Administrator clarified that since three Board Members were opposing a ban that he would consider the item completed and would not pursue further action with regard to restricting fireworks in Inyo County.  Supervisor Dorame clarified that while he was not in support of a total ban, he was in favor of Alternative No. 2 addressed in the Staff Report, explaining that the Fire Chiefs in his District had conveyed to him their support for and the success of the restrictions contained in Ordinance 1053. 

Supervisors Dorame and Hambleton expressed their desires to see the provisions for restricting fireworks in the County identified in Ordinance 1053 adopted as permanent.  Supervisor Lent concurred, but also indicated his desire to ensure public input in the process.  Supervisor Bear indicated that she was hoping for stronger restrictions but would support the current ordinance in that “something is better than nothing.”  The County Administrator clarified that the “ordinance process” which includes a public hearing, a first reading and enactment, would have to be followed for any ordinance adoption, thereby insuring public input.  Supervisor Arcularius reiterated her concerns with controlling “safe and sane” fireworks in an effort to stop the use of “illegal” fireworks, but clarified that if conditions warranted restricting the use of “safe and sane” fireworks such as what happened this year, she would consider the restrictions on case-by-case basis. 

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to direct Staff to initiate the process to adopt the provisions of Urgency Ordinance 1053 as a permanent ordinance restricting the use of fireworks in Inyo County and direct Staff to work with other jurisdictions to gain cooperation.  Motion carried on a four-to-one vote, with Supervisors Bear, Lent, Hambleton, and Dorame voting yes, and with Supervisor Arcularius voting no.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 3:45 p.m., reconvening at 4:00 p.m., with all Board Members present.

CAO-Budget- Sheriff-Integ. Waste/Financing for Sheriff’s Radio Network Upgrade and Solid Waste Equipment Purchases and

Resolution 

#2002-65

The County Administrator reviewed Staff recommendations regarding the financing for the Sheriff’s Radio Network and the purchase of equipment for solid waste.

Moved by Supervisor Lent and seconded by Supervisor Bear to amend the FY 2002-2003 countywide budget as follows:

(a) increase appropriations in the Auditor-Controller-Special Reserves Budget Unit 010408, Operating Transfer Out (Object Code #5801) by $217,559 and increase estimated revenue in the Sheriff Radio System Budget Unit 022702, Operating Transfers In (Revenue Code #4998) by $115,627; and

(b) create a new Solid Waste - Equipment budget (number to be assigned by the Auditor-Controller in the Solid Waste Fund); increase estimated revenue in the Solid Waste – Equipment budget, Operating Transfers In (Revenue Code #4998) by $101,932; and increase appropriations in Interest on Notes (Object Code #5553) by $14,704 and Vehicles (Object Code #5674) by $934,760.

(c) approve $934,760 in fixed assets to modernize the Solid Waste landfill equipment including two D-6 Waste Handler Dozers ($500,900), one 928 Loader ($117,850), one 963 Track Loader ($236,010), one 3-Axle Dump Truck ($10,000), one Service Truck with utility bed and boom ($50,000) and one ¾ ton Pickup Truck ($20,000);

(d) adopt Resolution No. 2002-65 which authorizes the County to participate in the Banc of America Leasing & Capital lease-purchase program; reaffirms the August 20, 2002 Board decision to provide final approval to the contract with Motorola to upgrade the Sheriff Radio System and finance $1,243,027 of the total cost of the project; establishes the need to acquire and finance $934,760 for Solid Waste landfill equipment; and authorizes the County Administrator and County Counsel to sign all of the appropriate documentation as recommended by Staff;

Approve the Master Equipment Lease/Purchase Agreement as recommended by Staff; 

Approve the five (5) year lease payment schedule, which sets forth the amounts and due dates as required, for a total cost of $2,370,492.43 as recommended by Staff; and

Direct staff to develop other funding/revenue alternatives to offset and/or minimize the impact to the General Fund. 

Motion carried unanimously.

Resol. #2002-66/ HIPAA Development

On a motion by Supervisor Dorame and a second by Supervisor Bear, Resolution No. 2002-66 was adopted, supporting the privacy and security of health information and authorizing the development of administrative policies and procedures as required to comply with the Health Insurance Portability and Accountability Act (HIPAA):  motion unanimously passed and adopted.

CAO-Info Serv./ Temp. Pgrm. Coordinator

Moved by Supervisor Bear and seconded by Supervisor Lent to authorize the filling of a temporary (six-month) Program Coordinator position at a Range 66, ($16.53 per hour) to serve as an assistant to the Health Insurance Portability and Accountability Act Coordinator.   Motion carried unanimously.

CAO-Purchasing/ Cellular One Agreement

Moved by Supervisor Dorame and seconded by Supervisor Lent to approve a one-year service agreement between the County and CellularOne, for cellular phone service at a basic monthly access charge of $20 and higher monthly roaming plans of $35, $45 and $75, for the period ending October 15, 2003; and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

H&H-Filling Vacant Positions

Dr. Susan Holgate, Director of Health and Human Services, addressed the Board to provide additional information and further justification for the request to fill several vacant budgeted positions.  Additionally, Dr. Holgate asked that the request to fill one full-time HHS Specialist for Child Protective Services be pulled from consideration.  She explained that Staff wanted the opportunity to further evaluate the position in context to overall program services. Moved by Supervisor Bear and seconded by Supervisor Hambleton to authorize filling the following vacant budgeted positions in the Health and Human Services Dept. (a) one full-time Therapeutic Behavioral Aide; (b) one full-time Administrative Secretary; (c) two part-time Health and Human Services Specialists for Progress House; (d) one full-time Eligibility Worker; and (e) one full-time Public Health Nurse.  Motion carried unanimously.

Transit Pgrm/ Budget Amendments

Moved by Supervisor Hambleton and seconded by Supervisor Dorame to amend the FY 2002-03 Inyo Mono Transit Budget Unit 153101 by increasing estimated revenue in Federal Grants (Revenue Code #4555) by $17,800 and Local Transportation Tax (Revenue Code #4061) by $2,200 and increasing appropriations in Office Equipment over $500 (Object Code #5669) by $13,500 and Other Equipment Over $500 (Object Code #5670) by $6,500.  Motion carried unanimously.

Transit Program/ Increase in Authorized Strength

The County Administrator and Ms. Monika Watterson, Program Director, provided additional information and further justification for increasing the authorized strength in the Transit Program by adding a Program Coordinator position.  Supervisor Hambleton requested a Transit Program Review prior to taking action on the request, explaining that as a member of the LTC he has concern with the continuation of the Bishop Fixed Route and the CREST Route.  The Board and Staff discussed the transit program duties and responsibilities, with Supervisor Hambleton reiterating his request for more Program information and with Supervisor Bear concurring with Supervisor Hambleton’s request.  Moved by Supervisor Dorame and seconded by Supervisor Lent to approve a change in authorized strength by adding one full-time Program Coordinator position at Range 66 ($2,865 - $3,487) and authorize the recruitment and filling of the position through an open recruitment.  Motion carried on a three-to-two vote, with Supervisors Arcularius, Lent and Dorame voting yes and with Supervisors Bear and Hambleton voting no.

Transit Program/ Vacant Budgeted Position

Moved by Supervisor Hambleton and seconded by Supervisor Bear to authorize the filling of one vacant budgeted full-time Driver III position at Range 43 ($1,683 - $2,045), through an open recruitment.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 5:40 p.m., reconvening at 5:50 p.m., with all Board Members present.

Ag. Comm./ Drought Declaration

Supervisor Arcularius declared a possible conflict and recused herself from considering the request regarding the USDA Livestock Assistance Programs, turned the meeting over to the Vice Chairperson, Supervisor Dorame, and left the meeting.  Mr. George Milovich, Agricultural Commissioner, provided additional information and further explanation on the request to ratify the information provided to the USDA regarding impacts of the drought on local ranchers.  Moved by Supervisor Bear and seconded by Supervisor Lent to ratify the request for United States Department of Agriculture (USDA) Secretarial Drought Declaration regarding ranchers impacted by the drought emergency and that USDA Livestock Assistance Programs be made available to eligible Inyo County Ranchers.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Bear, Lent, Hambleton and Dorame voting yes and with Supervisor Arcularius absent.  At the conclusion of this item, Supervisor Arcularius rejoined the meeting.

Ag Comm./Weed Management Grant App.

Moved by Supervisor Bear and seconded by Supervisor Lent to authorize the submittal of a grant application to the State of California Resources Agency for Eastern Sierra Weed Management Area in an amount not to exceed $250,000; and authorize the Agricultural Commissioner to sign on behalf of the County.  Motion carried unanimously.

Water Dept./ Seasonal Employee

Moved by Supervisor Bear and seconded by Supervisor Dorame to authorize the employment of one seasonal employee for the control of Saltcedar in the Owens Valley under the EEM Grant Budget Unit 621600.  Motion carried unanimously.

Water Dept./ Standing Water Comm. Mtg.

The request by the Water Department for the Board to provide direction to the County’s representatives to the Standing Committee regarding the items to be discussed at the October 23, 2002, meeting, was pulled from the Agenda at the request of the County Administrator.  The County Administrator then requested the Board schedule a special meeting on Tuesday, October 22, 2002, to provide the direction to the Standing Committee Representatives.  The Board Members checked their calendars and authorized the CAO to schedule the meeting.

Fish & Game/Fine Fund Expenditure

The request by the Inyo-Mono Fish and Game Advisory Commission for approval of a $2,500 Fine Fund expenditure to assist with deer management activities through the costs of helicopter time for two projects in Inyo and Mono Counties and authorize the payment of these funds through warrant based upon certification of expenses by the California Department of Fish and Game, was pulled from the agenda, with direction to reschedule for a future meeting.

Closed Session

The Chairperson recessed open session at 6:15 p.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 31.  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; No. 32. 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; No. 33.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Performance Evaluation - Title - Director of Planning;  No. 34.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Title - Director of Planning – Negotiator – Member of Board of Supervisors as designated; No. 35.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment - Title - Director of Health and Human Services; and No. 36.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Performance Evaluation - Title - Director of County Counsel.

Report on Closed Session

The Chairperson recessed closed session at 6:40 p.m., to reconvene 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 6:40 p.m., to 9:00 a.m., November 5, 2002, in the Board of Supervisors Room, at the County Administrative Center, in Independence.