Board Minutes - November 26, 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 9:00 a.m., on Tuesday, November 26, 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 Bear led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the public comment period.  Mr. Chuck Hamilton, Deputy County Administrator, informed the Board that the new play equipment is being installed at Izaak Walton Park, and has been installed at Millpond.  Ms. Andrea Clark, Resource Management Coordinator, informed the Board that the Bishop BLM Office has received one of the BLM’s highest honors for the SUV Map, with the Chairperson requesting Ms. Clark prepare a congratulatory note from the Board for the Chairperson’s signature.  Ms. Clark also informed the Board that the Old Spanish Trail in the southeastern portion of Inyo County has received a Historical Trail Designation.  Ms. Clark went on to inform the Board that Inyo County has been notified of its eligibility for the Community Block Grant allocation and that community meetings have been scheduled in Lone Pine for December 17 and in Bishop on December 18 to solicit information from the communities on the types of projects they would like to see be applied for.  Sheriff Dan Lucas provided the year-end report on the Boating Program, reviewing program statistics in detail.  Mr. George Holland, Auditor-Controller, announced the publication of the FY 2002/2003 County Budget, provided copies to the Board and informed the public that copies are available for review at the Auditor’s Office in Independence and at each of the Branch Libraries.

 

Forest Service/ Workshop

The Chairperson recessed open session at 9:20 a.m., to convene in a workshop with representatives of the U.S. Forest Services to receive an update on Forest Service issues, programs and projects.  The Chairperson recessed the workshop at 9:50 a.m., to reconvene in open session with all Board Members present, except Supervisor Lent.

 

CAO-Purchas-ing/Copier Paper P.O.

The County Administrator provided information regarding the low bidder, asking that the Board award the bid to Sierra Office Supply.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to award the bid for, and approve the purchase of, 300 cartons of 8-1/2 x 11” copier paper to the lowest qualified bidder, Sierra Office Supply in the amount of $23.85 plus tax, as recommended by Staff.  Motion carried unanimously, with Supervisor Lent absent.

 

Motor Pool/ Cooling System

P.O.

Moved by Supervisor Bear and seconded by Supervisor Hambleton to award the bid for, and approve the purchase of, an AF 3400 Cooling System Service Center from Dave’s Auto Parts of Lone Pine, in an amount not to exceed $2,114.07.  Motion carried unanimously, with Supervisor Lent absent.

 

 

H&H-Hlth Serv./ Bioterrorism Preparedness Consulting Contract Amendment

The County Administrator confirmed that the ending date, which is reflected in the Staff Report should be June 30, 2003.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve Amendment No. 1 to the Contract between the County of Inyo and Bioterrorism Preparedness Consulting, expanding the scope of work to include multiple assessments and the development of appropriate action plans, and increasing the amount of the Contract by $11,000 to a total not to exceed $29,800, for the period of July 15, 2002, through June 30, 2003; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

H&H-Mental Hlth/State Contract Mental Hlth Services

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and the State of California Mental Health for the provision of Community Mental Health services, for the period of July 1, 2002, through June 30, 2003; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

H&H-Hlth Serv./ CMS Plan

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the 2002-2003 Children Medical Services (CMS) Plan and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Lent absent.

 

Planning/Quad Knopf and Pacifica Dev. Contract Amendments

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained, the following: A) Amendment #3 to the Agreement between the County of Inyo and Quad Knopf Consultants, increasing the Contract by $59,979, to an amount not to exceed $213,804; and B) Amendment #4 to the Agreement between the County of Inyo and Pacifica Development, Inc., increasing the Contract by $28,026, to an amount not to exceed $339,490, and changing the fringe benefit calculation percentage to 40%.  Motion carried unanimously, with Supervisor Lent absent.

 

P.W.-Bishop A/P/Demo Project

The request for the Board to approve the Plans and Specifications for the Bishop Airport Demolition Project; and authorize the Public Works Director to advertise for bids to complete the project, was pulled from the Agenda at the request of the Department.

 

 

Resol. #2002-72/Notice of Completion Fish Springs Rd.

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-72 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for the Fish Springs Road Resurfacing Project: motion unanimously passed and adopted, with Supervisor Lent absent.

 

Road Dept./ Wheel Balancer P.O.

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the purchase of a Coats 950 Computer Wheel Balancer from Supply Station, in an amount not to exceed $3,678.59.  Motion carried unanimously, with Supervisor Lent absent.

 

Rd. Dept./Cold Mix Asphalt Purchase

Moved by Supervisor Bear and seconded by Supervisor Hambleton to declare Wulfenstein Construction Company as the sole-source provider of cold mix asphalt and approve the purchase of 400 tons of cold mix asphalt from Wulfenstein Construction Company, in an amount not to exceed $12,000.  Motion carried unanimously, with Supervisor Lent absent.

 

Integ. Waste/ Landfill Equipment Purchase

The Board and Staff discussed the recommendation regarding the purchase of heavy equipment for Integrated Waste.  County Counsel provided additional clarification on the legal aspects of waiving the requirement for a competitive bid.  The County Administrator provided additional information and further justification for the recommendation to acquire the equipment from Caterpillar.  Supervisor Dorame began the Board discussion by requesting an explanation regarding the increase from the initial amount identified as $810,000 for the purchase of all of the equipment in July, during the Budget Hearings, to this recommendation for $932,000 for the purchase of only a portion of the equipment.  Mr. Chuck Hamilton, Deputy County Administrator, explained that he had inadvertently forgotten to include tax, shipping and warranty costs when the initial estimation was being prepared.  Mr. Hamilton went on to review Staff’s recommendations regarding the purchase of Integrated Waste equipment.  Staff and the Board continued to discuss the various specifications for the equipment in detail, with staff confirming their professional opinion that Caterpillar equipment is the most superior product for the landfill environment and application.  Mr. Paul Murphy of Blaine Equipment, representing John-Deere equipment, addressed the Board to provide information and further clarification on the particular specifications for John-Deere Equipment.  Supervisors Dorame and Hambleton questioned staff on the specifications and whether Caterpillar and John-Deere equipment met the specifications as originally requested by the Staff.  Staff confirmed that both manufacturers had good equipment, but that Caterpillar was the only manufacturer to meet the specifications the County was requiring.  Supervisor Dorame disagreed with Staff’s perspective, explaining that he felt both manufacturers did meet the specifications as required by the County.  Supervisors Hambleton and Dorame continued to request Staff to explain how other manufacturers, such as Blaine Equipment, did not meet the specifications, which the Board was being asked to approve as a part of this Agenda Item.  Staff, the Blaine Equipment Representative and the Board continued to discuss various aspects of the recommendations, the specifications, and the differences between the quotation process and the competitive bid process.  Supervisors Dorame and Hambleton indicated their desire to see the County define their specifications and go out for formal competitive bid on this equipment.  Supervisor Bear indicated her support of the staff recommendation, explaining that she felt staff had met the threshold in justifying the purchase of the equipment from the Caterpillar Dealer.  Mr. Bob Mayhugh, Integrated Waste Management Supervisor, provided additional explanation on the Caterpillar seal for the drive mechanism.  

The Board, Staff and the Blaine Representatives continued to discuss the specifications for the equipment to be purchased.  Supervisors Dorame and Hambleton reiterated their desire to have the competitive bid process followed in order to ensure that the County and the taxpayers are protected in the expenditure of almost $1,000,000 for the purchase of this equipment.

It was moved by Supervisor Bear, with no second that the equipment to be purchased for use at the landfills must have, at a minimum, the components set forth by Staff; that only the Caterpillar brand equipment has the components needed for use in the landfill operations; waive the requirement for competitive bid in acquiring the specified equipment from Caterpillar since only one dealer is authorized to sell such equipment in the County; and authorize the County Administrator to acquire the specified equipment from Shepherd Machinery Company of Whittier, California, under the Banc of America Lease Purchase Agreement, previously approved by the Board, in an amount not to exceed $932,190.83 to approve Staff’s recommendations regarding the purchase of Integrated Waste equipment.  The motion failed on a two-to-two roll call vote, with Supervisors Arcularius and Bear voting yes, with Supervisors Hambleton and Dorame voting no and with Supervisor Lent absent.

At the conclusion of the motion and prior to the vote being called on the following motion, the County Administrator asked for clarification on the specifications to be utilized in the competitive bid.  Supervisors Hambleton and Dorame expressed a desire to see the bid contain the specifications as identified by Staff in this Agenda Item.  Supervisor Arcularius also asked for clarification on what will happen to the purchase of the equipment should the motion fail, further explaining that she felt Supervisors Dorame and Hambleton were simply requesting that the competitive bid process be followed prior to approving the purchase of the equipment.  Mr. Mendez, explained that should the second motion also fail, the equipment would not be purchased and the item would die for lack of approval by a 3/5’s majority vote of the Board.  He also clarified that he would not expect Staff’s recommendation to differ as a result of the competitive bid process.

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to direct Staff to establish the criteria for the Integrated Waste equipment as recommended by Staff and go out to formal competitive bid on the equipment.  Motion passed on a three-to-one vote, with Supervisors Arcularius, Hambleton and Dorame voting yes, with Supervisor Bear voting no, and with Supervisor Lent absent. 

 

Sheriff/Testing Serv. & Equip.

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to declare Intoximeters as the sole-source provider of testing services and equipment and approve the purchase of 8 Alco Sensor IV, and 1 As IV Total Recall Software package, including a single CPU License and manual from Intoximeters, in an amount not to exceed $6,850, plus shipping.  Motion carried unanimously, with Supervisor Lent absent.

 

Sheriff/Budget Amendment

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to amend the Sheriff Safety Budget Unit #022710 by decreasing estimated revenue in Sheriff AB443 (Revenue Code #4486) by $111,395, and increase estimated revenue in Citizens Option Public Safety (Revenue Code #4488) by $111,395 to partially fund three (3) Deputy Sheriff Trainee positions.  Motion carried unanimously, with Supervisor Lent absent.  At 11:15 a.m., Supervisor Dorame excused himself from the meeting, explaining that he would rejoin the meeting later in the afternoon.

 

P.W.-Town Water Systems/ Telemetry P.O.

Moved by Supervisor Hambleton and seconded by Supervisor Bear to amend the October 15, 2002, Board Order, approving the purchase of a telemetry system in the amount of $38,424, by increasing the not to exceed amount to $39,654.11 to cover tax and shipping charges.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

H&H-Soc. Serv./ IMACA Contract

Moved by Supervisor Bear and seconded by Supervisor Hambleton to ratify the multi-year Contract between the County of Inyo and IMACA for the provision of Child Abuse Prevention services, in an amount not to exceed $162,000, for the period of July 1, 2002, through June 30, 2005; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

H&H-Behavioral Hlth./Olive Vista Rehab Contract

Moved by Supervisor Hambleton and seconded by Supervisor Bear to ratify 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 $44,000, for the period of August 28, 2002, through June 30, 2003; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Ord. No. 1059 Coroner Salary Increase

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Ordinance No. 1059, an ordinance entitled “An Ordinance of the Board of Supervisors, County of Inyo, State of California, Amending Section 2.88.040 of the Inyo Code to increase the Salary for the Coroner” was adopted; motion unanimously passed and adopted, with Supervisors Lent and Dorame absent.

 

Resol. #2002-73/EMPG Grant

On a motion by Supervisor Bear and a second by Supervisor Hambleton, Resolution No. 2002-27, was adopted, requesting Emergency Management Performance Grant Program (EMPG) funding under the Federal Emergency Management Agency (FEMA), which authorizes the submittal of a Federal Fiscal Year (FFY) 2003 EMPG Application and authorizes the County Administrator to sign the application and related documents, including the Assurances/Certification form, on behalf of the County; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained: motion unanimously passed and adopted, with Supervisors Lent and Dorame absent.

 

CAO-Info Serv./ Change in Authorized Strength

Mr. Brandon Shults, Information Services Director, provided additional information and further clarification to the request for a change in authorized strength.  Mr. Shults requested that the title of the position being deleted be changed from an Information Technician at Range 52 to a Program Analyst at Range 56.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve a change in the authorized strength in Information Services by: A) deleting one (1) full-time Program Analyst position at Range 56 ($2,272  $2,759) and one (1) .5 FTE Account Clerk I - Range 43 ($1,682-$2,045); and B) adding one (1) full-time Office Manager position at Range 54 ($2,165-$2,632).  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

CAO-Personnel/ Child Support Vacancy

Moved by Supervisor Bear and seconded by Supervisor Hambleton to authorize the filling of the budgeted vacant Ombudsperson/Customer Service Advocate in the Child Support Services Department.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

DA/INET Investigator Vacancy

Moved by Supervisor Hambleton and seconded by Supervisor Bear to authorize the filling of the budgeted vacant INET Investigator position in the District Attorney’s Office.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Sheriff/Deputy, Investigator and Cook Vacancies

Moved by Supervisor Hambleton and seconded by Supervisor Bear to authorize the filling of two vacant budgeted Deputy Sheriff positions.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Moved by Supervisor Bear and seconded by Supervisor Hambleton to authorize the filling of one budgeted vacant Sheriff’s Investigator position.  Motion carried unanimously, with Supervisors Lent and Dorame absent.


Moved by Supervisor Bear and seconded by Supervisor Hambleton to authorize the filling of one budgeted vacant Cook I position.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Public Defender/ Christensen Contract

The County Administrator explained that the Contract being submitted for approval was a one year contract, and that he expected additional changes being made in the future with regard to other Public Defender contracts and he would make further recommendations regarding the length of this contract at that time.  Moved by Supervisor Hambleton and seconded by Supervisor Bear to approve the Standard Public Defender Contract with David Christensen for Inyo Felony Public Defender services coverage for a period of one year, beginning January 1, 2003, and ending December 31, 2003, in an amount not to exceed $100,000, and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

CAO-Purchasing/ Avalanche Monitoring

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the purchase of  Avalanche Monitoring Services from Snow Survey Associates in an amount not to exceed $3,000.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Clerk-Elections/ Statement of All Votes Cast

Moved by Supervisor Bear and seconded by Supervisor Hambleton to A) issue an order accepting the Statement of All Votes Cast at the Consolidated Gubernatorial General Election held November 5, 2002, and declare elected those offices under their jurisdiction for this election, according to the number of votes for each as certified by the Inyo County Clerk and as shown on the Statement of All Votes Cast; and B) appoint, in lieu of election, those persons who filed a Declaration of Candidacy for those offices for which the number of candidates did not exceed the number of vacancies and appoint, in lieu of election, those persons who are qualified and have expressed an interest for those offices for which no person filed a Declaration of Candidacy.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Org./L.P. C of C Christmas Parade

Moved by Supervisor Bear and seconded by Supervisor Hambleton to support the Annual Christmas Parade and direct the Public Works Director to issue all necessary permits.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

BofS/Buckhorn Grade Improv. Project

Mr. Jeff Jewett, Director of Public Works, addressed the Board to address the request by Humbolt County for their Caltrans Buckhorn Grade Improvement Project.  Mr. Jewett expressed concern with the County supporting a project that may impact funding for Inyo County Projects.  The Board concurred with Mr. Jewett and directed Staff to research the request and if it’s appropriate return with an Agenda Item for Board support.  

 

Child Support/ Video Conferencing Services

The County Administrator addressed the request by the Child Support Services Department for approval of an agreement for the installation of video conferencing equipment.  He explained that the Agenda reflected an incorrect date for the contract, asking that the date be changed to June 30, 2003.  Moved by Supervisor Hambleton and seconded by Supervisor Bear to approve the Service Agreement between the County of Inyo and Wire One for the installation of video conference equipment, and the provision of video conferencing bridging services, for the period of December 1, 2002, through June 30, 2003, in an amount not to exceed $10,000; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

BofS/Minute Approval

The Chairperson announced that the request for approval of the minutes of the Board of Supervisors Meetings of: A) October 22, 2002; B) November 5, 2002; and C) November 12, 2002, had been pulled from consideration at the request of the Clerk.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:05 p.m., reconvening at 1:20 p.m., with all Board Members present except Supervisors Lent and Dorame.

 

P.W.-Bishop A/P/ Contract for Airport Restaurant

Mr. Jeff Jewett, Director of Public Works, addressed the Board to provide additional information on the contract for the operation of the Bishop Airport Restaurant.  Mr. Jewett introduced Ron and Terri Graeber, who informed the Board that the restaurant would be known as the Sierra Wing Restaurant.  The Graeber’s discussed proposed operations for the restaurant and responded to questions from the Board regarding the potential for publicizing the restaurant.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and Ron and Terri Graeber for the operation of the Bishop Airport Restaurant, for the period of January 1, 2003, through December 31, 2007, with options to extend; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously, with Supervisors Lent and Dorame absent.

 

Closed Session

The Chairperson recessed open session at 1:40 p.m., to convene in closed session, with all Board Members present, except Supervisors Lent and Dorame, to discuss Agenda Items No. 31.  CONFRENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a)] - Bishop Paiute Tribe v. County of Inyo, United States Court of Appeals for the Ninth Circuit Docket No. 01-15007  (United States District Court for the Eastern District Case No. CIV F-00 6153 REC LJO); 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; No. 33.  CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code Section 54957.6] - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization: Elective Officials Assistant Association (EOAA) - Negotiator: County

Administrative Officer & Personnel Analyst; No. 34.  PERSONNEL [Pursuant to Government Code Section 54957] - Public Employee Performance Evaluation - Title: County Counsel; No. 35.  PERSONNEL [Pursuant to Government Code Section 54957] - Public Employee Performance Evaluation - Title:  County Administrator; and No. 36.  PERSONNEL [Pursuant to Government Code Section 54957] - Public Employee Appointment - Title: Director of Health & Human Services.   Supervisor Dorame rejoined the meeting in closed session at 2:15 p.m.  The Chairperson recessed closed session at 8:45 p.m., to convene in open session to receive a report on closed session.

 

Report on Closed Session

County Counsel reported that there were no items discussed in closed session, which were required by law to be discussed in open session.

 

Adjournment

The Chairperson adjourned the regular meeting at 8:45 p.m., to 9:00 a.m., December 3, 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