County of Inyo

Closed Session

The Chairperson announced a change in schedule and recessed the regular meeting at 9:10 a.m., to convene in closed session, with all Board Members present, to discuss Agenda Items No. 14.  CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION  [Pursuant to Government Code §54956.9(a)(c)]. One Case -  Boyer v. County of Inyo Claim No. 8005395   WCAB # Unassigned; No. 15.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)] - Bishop Paiute Tribe v. County of Inyo,  United States Supreme Court Docket No. 02-281 (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. 16.  CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION  [PURSUANT TO GOVERNMENT CODE SECTION 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. 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.

Public Comment

The Chairperson recessed closed session at 11:05 a.m., to reconvene in open session, with all Board Members present.  The Chairperson announced the public comment period.  The new General Manager of the CR Briggs mining operations addressed the Board, to provide an update on the mine’s activities and to request Board support in opposing proposed legislation, which will affect future mining exploration and operations.  The Chairperson took the opportunity to introduced Travis Wilson a student shadowing Ms. Freda Lindsay, the USA Media Video technician.

CAO-Purchasing/ Office Furniture P.O.

Moved by Supervisor Bear and seconded by Supervisor Arcularius to award the quotation for and approve the purchase of office furniture for the Health Department as recommended by Staff.  Motion carried unanimously.

Parks/Backhoe P.O.

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the purchase of a 1997 Caterpillar 416 C Backhoe Loader for use in the County Parks system, from Cashman Equipment of Las Vegas, Nevada, in an amount not to exceed $25,000.  Motion carried unanimously.

Resol #2003-05/ Employee Disability

H&H-Hlth Serv./ Immunization Outreach Grant

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and the State Department of Health Services for the provision of Immunization Outreach Grant funds for the period of January 1, 2003, through December 31, 2003, in an amount not to exceed $20,468; and authorize the Chairperson to sign.  Motion carried unanimously.

Resol. #2003-06/ Notice of Comp. Schober Lane

On a motion by Supervisor Bear and a second by Supervisor Arcularius, Resolution No. 2003-06 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for the Schober Lane Resurfacing Project: motion unanimously passed and adopted.

Water Dept./GIS Software P.O.

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the purchase of geographic information systems software as recommended by Staff from ESRI in an amount not to exceed $2,580.61 plus shipping, tax and insurance.  Motion carried unanimously.

Planning/CDBG Grant Public Hearing

Ms. Andrea Clark, Resource Management Coordinator, reviewed the Staff Report and recommendations regarding the proposed application for Community Development Block Grant (CDBG) funds.  The Chairperson opened the public hearing to solicit comment on the County’s proposal at 11:45 a.m.  Mr. Terry Britain and Larry Krause, representing the Darwin Community Services District, addressed the Board to support the CDBG funds for their water improvement and distribution system project.  Ms. Clark read into the record a letter from Ms. Jennifer Verick, representing the Southeast Inyo Children’s Council supporting the CDBG funds for acquiring and improving their Family Resource Center facility in Tecopa.  The Board and Staff discussed the County’s matching funds of $35,000, with the County Administrator explaining that should the Board approve the projects, the $35,000 would be a priority “set aside” in next year’s budget.  Staff requested that the Staff report be accepted into the record.  There being no one else wishing to address the proposals for CDBG funds, the Chairperson accepted the Staff Report and closed the public hearing at 11:55 a.m.

Resolution No. 2003-07/CDBG Applications

On a motion by Supervisor Arcularius and a second by Supervisor Bear, Resolution No. 2003-07, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, approving an application for funding from the General Allocation of the State Community Development Block Grant Program and Authorizing the Planning Director to act on behalf of the County with Respect to that Application and to Execute a Grant Agreement with the State of California [contingent upon the appropriate signatures being obtained], and any Amendments Thereto Pertaining to the Grant,” was adopted: motion unanimously passed and adopted. 

Planning/CDBG Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Bear to direct the Budget Officer to set $35,000 aside from this year’s budget to be a priority budget item in next year’s budget.  Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 11:56 a.m., to reconvene in closed session with all Board Members present, to continue discussion on those closed session items previously identified.

Report on Closed Session

The Chairperson recessed closed session at 2:15 p.m., to reconvene in open session.  County Counsel announced that closed session Items No. 18.  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. 19.  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 Administrative Officer & Personnel Analyst, had been pulled from the agenda and reported that there were no items discussed in closed session, which were required by law to be reported on in open session.

County Counsel/ Price & Brumfield Contract Amendment

Moved by Supervisor Hambleton and seconded by Supervisor Williams to approve Amendment No. 3 to the Contract between the County of Inyo and the Law Firm of Price & Brumfield, for the provision of legal services which increases the Contract limit by $50,000 to an amount not to exceed $125,000; and authorize the Chairperson to sign.  Motion carried unanimously.

Planning/LAFCO Agreement

Prior to the discussion on the LAFCO Agreement, Supervisor Bear briefly left the meeting.  The Planning Director, Mr. Chuck Thistlethwaite, provided additional information and further justification on the request to ratify the agreement for services with LAFCO.  Moved by Supervisor Hambleton and seconded by Supervisor Arcularius, to ratify the Agreement between the County of Inyo and the Inyo Local Agency Formation Commission for the provision of services in an amount not to exceed $13,073 for the period of July 1, 2002, through June 30, 2003; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.   Motion carried unanimously on a four-to-zero vote, with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear absent. 

BofS/Minute Approval

Supervisor Bear rejoined the meeting.  Moved by Supervisor Hambleton and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Meetings of A) January 7, 2003; B) January 14, 2003; and C) the Special Meeting of January 13, 2003.  Motion carried unanimously.  Supervisor Williams left the meeting at the conclusion of this item, because he was traveling to a Yucca Mountain Meeting. 

Water Dept./ Instructions to Standing Committee Representatives

Mr. Greg James, Water Director, provided the Board with a copy of the Agenda for the January 30, 2003, Standing Water Committee Meeting, to be held in Los Angeles.  Mr. James provided a review of the two items for which Staff was requesting direction from the Board.  He discussed the Big Pine Ditch System and the Laws Area irrigation proposals.  The Board and Staff discussed the recommendations regarding these two items in detail and at length.  Mr. Mike Prather, Owens Valley Committee, addressed the Board to support the solution to the Big Pine Ditch System, and to caution the Board with regard to the Laws rewatering proposal.    The Board directed the representatives to the Standing Committee to support Staffs recommendations with regard to the Laws irrigation and the Big Pine Ditch System. 

Adjournment

The Chairperson adjourned the regular meeting at 3:40 p.m., to 9:00 a.m., February 4, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.