County of Inyo

Public Comment

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

County Dept. Reports

The Chairperson announced the County Department Report period.  Ms. Andrea Clark, Acting Planning Director, addressed the Board to announce that the County has been awarded the CDBG Grants for projects in Darwin and Tecopa and for a countywide revolving loan program.  The County Administrator reminded the Board that Senator Maze would be in Bishop on Thursday, May 15, 2003, to conduct a Town Hall Meeting.

Yucca Mnt./DOE Update

Mr. Bill Lupton of the Department of Energy updated the Board on the Yucca Mountain Project and activities.

CAO-Personnel/ Leave

Moved by Supervisor Williams and seconded by Supervisor Hambleton to authorize a leave of absence without pay for the period of May 17, 2003, through June 9, 2003, in accordance with Article 808(a) of the Inyo County Personnel Rules and Regulations.  Motion carried unanimously, with Supervisor Arcularius absent.

H&H-Hlth. Serv./ HIV Program MOU and Contract Amendments

Moved by Supervisor Williams and seconded by Supervisor Hambleton to approve Amendment No. 3 to the Contract and Amendment No. 1 to the MOU between the County of Inyo and the State of California Department of Health Services for HIV/AIDS Education and Prevention Programs, increasing the funding by $1,000 for a total not to exceed $210,700 for the period of July 1, 2002, through June 30, 2004, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Arcularius absent.

H&H-Behavioral Hlth. Serv./ Change in Hallis Contract

Moved by Supervisor Williams and seconded by Supervisor Hambleton to a) cancel the Contract between the County of Inyo and Maxwell and Hallis, LLC, for accounting, reporting and consultation services effective February 28, 2003; b) approve the Contracts between the County of Inyo and Hallis, LLC, for these services in an amount not to exceed $1,300 for the period of March 1, 2003, through June 30, 2003, and an amount not to exceed $7,000 for the period of July 1, 2003, through June 30, 2004, contingent upon the Board’s adoption of a FY 2003/04 Budget; and c) authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Arcularius absent.

H&H-Behavioral Hlth. Serv./NNA Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Hambleton to approve Amendment No. 1 to the FY 2002/03 Negotiated Net Amount Contract between the County of Inyo and the State of California Department of Alcohol and Drug Programs, for prevention and treatment programs, increasing the amount of the Contract by $6,544 for a total of $536,156; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Arcularius absent.

P.W./Diaz Lane Plans and Spec.

Mr. Jeff Jewett, Public Works Director, provided additional information on the Diaz Lane Resurfacing Project.  He explained that the project is on the Bishop Reservation and informed the Board that during a review of the documents the Department had become aware of a Bishop Tribal Ordinance which implements the Tribal Employment Rights Ordinance (TERO) for projects conducted on the reservation. 

Mr. Jewett explained that TERO entitles the Tribe to collect a percentage of the project amount as a fee for conducting business on tribal lands and sets in place language for giving Native American preference in hiring for these projects.  He went on to explain that when a tribe enacts TERO, the tribe is then allowed the enforcement of a federal regulation which requires TERO compliance when federal money is funding projects on or adjacent to reservation lands.  Mr. Jewett went on to say that through the research conducted on TERO it was learned that Caltrans does comply with TERO and he has been unable to ascertain under what legal requirement Caltrans complies with the TERO directive.  He said Caltrans’ compliance appears to be a policy choice rather than a legal mandate.   Mr. Jewett clarified his concerns regarding the County adhering to TERO, citing it would be precedent setting with respect to other County projects, the County would be giving up a portion of the project control and, it may require hiring practices to which the County cannot legally comply.  Mr. Paul Bruce, County Counsel, in responding to questions from the Board, confirmed that the Diaz Lane project is being performed on a County right-of-way, which was granted by the Bureau of Indian Affairs in the early 1950’s and as such the project is being performed on County property.  In response to questions from the Board, Mr. Jewett confirmed that he had conversation with the Tribal Administrator, who had informed him that he would need to discuss this issue with the Tribal Council prior to commenting.  At the conclusion of the discussion, Mr. Jewett reiterated his conclusion that TERO did not apply to this project, recommended that the project proceed as designed and, indicated that he would advise the Tribal Administrator of the Board’s decision regarding the project.  Moved Supervisor Hambleton and seconded by Supervisor Bear to approve the Plans, Special Provisions and Bid Documents for the Diaz Lane Resurfacing Project and authorize the Public Works Director to advertise for bids for the Project, and direct the Public Works Director to inform the Tribe of the Board’s decision.  Motion carried unanimously, with Supervisor Arcularius absent.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:55 a.m., reconvening at 10:05 a.m., with all Board Members present, except Supervisor Arcularius.

Ord. 1063 Zone Reclassification 2002-6/Jasper

(Uncle Bud’s Restaurant)

The Acting Planning Director reviewed the Staff Report and recommendations regarding Zone Reclassification 2002-6/Jasper (Uncle Bud’s Restaurant).  On a motion by Supervisor Hambleton and a second by Supervisor Williams, Ordinance 1063, entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2002-6/Jasper (Uncle Bud’s Restaurant) and Amending Ordinance No. 943, the Inyo County Zoning Ordinance, by Reclassifying a 7,253 Square Foot Piece of Property Located at 120 South Main Street in the Community of Big Pine from C-1-10,000 (General Commercial and Retail - 10,000 Square Feet Minimum) to C-1-10,000-MH (General Commercial and Retail - 10,000 Square Feet Minimum - Mobilehome Overlay),” was adopted: motion unanimously passed and adopted, with Supervisor Arcularius absent.

Planning/Public Hearing on Tract Map 137 Amendment

The Chairperson opened the public hearing at 10:10 a.m., to consider a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Amendment No. 1 to Tract Map No. 137, Increasing the Buildable Area of Lot 3, and Providing an Access Easement Across Common Property as Indicated in Exhibit A.”  The Acting Planning Director reviewed the Staff Report and recommendations and at the conclusion of her remarks, asked that the report be accepted into the record and it was marked Exhibit A.  There being no one from the public wishing to speak to this issue, the Chairperson closed the public hearing at 10:13 a.m.  Moved by Supervisor Williams and seconded by Supervisor Bear to waive the first reading of the Ordinance and schedule 10:05 a.m., on May 20, 2003, 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 Supervisor Arcularius absent.

Planning Dept./ Darwin Road Abandonment

The Chairperson opened the public hearing at 10:15 a.m. to consider a proposed resolution entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Declaring Its Intent to Vacate Portions of Howard Street, Main Street and an Unnamed Alley in Darwin Townsite and Setting and Providing Notice of a Public Hearing on Said Vacations.”  Ms. Adeana Fansler, Planning Department, reviewed the Staff Report and recommendations.  At the conclusion of her remarks, Ms. Fansler requested the Staff Report be accepted into the record and it was marked Exhibit A.  The Clerk of the Board requested that correspondence received by the Board be accepted into the record and marked: a letter dated March 21, 2003, from Mr. Jim Hunolt accompanied by a petition signed by Darwin residents opposing the proposed road abandonment was marked Exhibit B and an undated letter received today from Deborah Levin of Darwin supporting the project was marked Exhibit C. 

Ms. Kathy Goss, representing the Darwin Community Services District (DCSD) addressed the Board to oppose the road abandonment, citing concern with DCSD access to their water lines being restrained.  She asked that a DCSD letter dated December 16, 2002, to the Planning Department, identifying the District’s concern, be accepted into the record and it was marked Exhibit D.  During her discussion Ms. Goss asked the Board to look at a map entitled “Distribution Layout,” which was not entered into the record.  Ms. Goss also requested that copies of photographs of the road be accepted into the record and the six copies were marked Exhibit E. 

Mr. Joe Haveson, Darwin Resident, addressed the Board to oppose the road abandonment and to request that the County take responsibility to maintain the road. Mr. Haveson addressed concerns with the loss of access to and through Lucky Jim Wash.  The Acting Planning Director, Ms. Andrea Clark, provided additional clarification on the project parameters.  She confirmed that a portion of the project is to abandon a County right-of-way, which is a dirt road, which is the southern most portion of Main Street, adjacent to the applicant’s property.  Ms. Clark explained that the proposed actions are consistent with the County’s General Plan and will provide for orderly and controlled growth in the Darwin area.   Ms. Clark also confirmed that with regard to concern about access to DCSD water lines, that the application provides for an utility easement which is attached to the land and will remain in effect in perpetuity.  Mr. Jim Hunolt addressed the Board to oppose the portion of the project, which will abandon a part of Main Street and requesting the Board approve the application deleting only that road abandonment. 

The applicant, Ms. Burma Reese, read into the record a letter dated May 13, 2003, to the Board of Supervisors, supporting her application.  Ms. Reese asked that the letter be accepted into the record and it was marked Exhibit F.   Mr. Don Reese, Darwin Resident, addressed the Board to support the application, explaining that he thought the road abandonment encompassed only 40 ft. of the County’s right-of-way.  The Acting Planning Director clarified that the application is for the total 80 ft.  Mr. Larry Krause, Darwin Resident, asked that a decision regarding the road abandonment be deferred until after the work on the water system improvement project has been completed.  The Board, Staff and the various members of the audience continued to discuss the Road Abandonment.  At the conclusion of the conversation, the Acting Planning Director, suggested an alternative which would be to abandon 40 ft. of the County’s right-of-way, thereby leaving 40 ft. of access and directing that the conditions of approval include language which would ensure that whatever portion of the abandoned right-of-way is needed for the utility easement be included.  The Chairperson recessed the public hearing at 12:00 p.m., reconvening at 12:02 p.m., with all Board Members present, except Supervisor Arcularius.  The Board and Staff continued to discuss the alternative recommended by Ms. Clark, with the applicant and those in the audience opposing the 80 ft. road abandonment agreeing to the compromise.  Ms. Clark informed the Board that the Staff Reports and the posting notices will encompass the change, but that there is no change to the verbiage contained in the resolution declaring the Board’s intent to take action on the application.

Moved by Supervisor Hambleton and seconded by Supervisor Bear to declare the Board’s intent to abandon a 40 ft. portion of the County’s 80 ft. right-of-way identified in the Staff Report marked Exhibit A and known as Main Street, and to approve Resolution No. 2003-22, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Declaring Its Intent to Vacate Portions of Howard Street, Main Street and an Unnamed Alley in Darwin Townsite and Setting and Providing Notice of a Public Hearing on Said Vacations.”   Motion carried unanimously, with Supervisor Arcularius absent.     

BofS/Mule Days Security Funding

Mr. Ross Corner, representing the Mule Days Committee, provided additional information and further justification for the request for a $2,000 County contribution to the Mule Days Celebration security efforts.  He explained that the insurance carrier who had been covering the event for the last 12 to 14 years, had chosen to not renew the policy this year because of increased security concerns.  And, instead had required the Event Organizers to submit a new insurance application, which had resulted in an increase of about $5,000.  Mr. Corner assured the Board that while there are no terrorist threats associated with this year’s Mule Days Celebration there is a need to address the concerns associated with the increased costs for insurance.  Mr. Corner and the Board discussed the Celebration’s ability to cover the costs.    Mr. Corner explained that an article in the Inyo Register regarding the County’s grant for terrorism preparedness had precipitated the request.  He explained that as a responsible member of the Mule Days Celebration Committee he felt it was incumbent upon him to seek alternative funding to offset the increased costs if it was available.  Mr. Corner confirmed that he had not requested help from the City of Bishop nor the Chamber of Commerce because he felt the grant funding was available.  

The County Administrator explained that when applying for grants the use of the funds is clearly defined and the award is based upon the understanding that the funds will be used for the identified purposes.  Mr. Mendez did clarify that as a result of the grant funds being awarded there would be salary savings in the OES Budget, which could be utilized to fund the Mule Days Celebration request.  The County Administrator also reminded the Board that generally requests for event and organization funding is considered through the Grants-in-Support Program, with Mr. Mendez explaining that while a request for OES funding is not a part of the Grants-in-Support Program, should the Board approve the request, the funding would be funneled through a grants-in-support contract.  The Board Members expressed their concern with (a) setting a precedent, (b) the impending impact of increased insurance costs to other organizations, (c) with potential increased insurance costs to the County and (d) the unknown impacts associated with the State Budget crisis.  The Board asked that Staff be on the look out for grant funds which might be utilized to help defray increased insurance costs as a result of terrorist activities and asked that the Mule Days Celebration be provided a grants-in-support application for the upcoming FY 2003/04 budget consideration.  At the conclusion of the conversation, Mr. Corner withdrew the request from the Mule Days Celebration for a contribution of $2,000 to defer increased security costs, thanking the Board for their consideration.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:40 p.m., reconvening at 1:45 p.m., with all Board Members present, except Supervisor Arcularius.

Planning Dept./ Borax Owens Lake Project

Ms. Andrea Clark, Acting Planning Director, provided additional information on the request to contract with U.S. Borax and Science Applications International for environmental review and processing services relative to the proposed U.S. Borax Owens Lake Trona Processing Project.  Mr. Paul Lamos of U.S. Borax, provided the Board with information describing the project and updated the Board on the proposed project.  Moved by Supervisor Hambleton and seconded by Supervisor Bear to take the following action regarding environmental review and processing services for the proposed U.S. Borax Owens Lake Trona Processing Project:

A) ratify the Contract between the County of Inyo and U.S. Borax for the period of May 6, 2003, through June 30, 2004, in an amount not to exceed $152,575, contingent upon the Board’s adoption of a FY 2003/04 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; 

B) ratify the Contract between the County of Inyo and Science Applications International Corporation, for the period of May 6, 2003, through June 30, 2004, in an amount not to exceed $84,764, contingent upon the Board’s adoption of a FY 2003/04 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and

C) amend the FY 2002/03 Planning and Zoning Budget  023800 by increasing estimated revenues in Services and Fees (Revenue Code #4819) by $152,575 and increasing appropriations in Professional and Special Services (Object Code #5265) by $84,764.  Motion carried unanimously, with Supervisor Arcularius absent.

Ag. Comm./ NRCS Grant

Mr. George Milovich, Agricultural Commissioner and the County Administrator provided additional information, further clarification and justification for the joint application for an NRCS grant for noxious weed and salt cedar eradication efforts in the Owens Valley.  Mr. Milovich explained that (a) this is a cost share program, (b) that there is a 25% matching requirement, which will be met, and (c) that in the Ag Department it will increase two part-time positions to full-time.  The County Administrator clarified that the funding would be used to sustain current operations in the Salt Cedar Program and the Weed Management Program, as well as detailing the exact amount being applied for which is a little more than $3.2 million.  The Board and Staff discussed the financing for the grant, with Mr. Mendez explaining that should the Water Fund be unable to up-front the Water Department’s portion then the General Fund would cover the costs as is the case in many other grants.  Mr. Mendez did caution the Board that he would anticipate a discussion regarding the repayment of grants and loaning from General Fund during the upcoming budget program workshops with the various Departments.  Moved by Supervisor Bear and seconded by Supervisor Williams to approve the request for authorization of the Inyo County Agriculture Department Weed Management Division and Inyo County Water Department Saltcedar Program to provide contract services to the City of Los Angeles Department of Water and Power for their application to the Wildlife Habitat Incentives Program/Natural Resource Conservation Services in the amount of approximately $3.2 million; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.  Motion carried unanimously, with Supervisor Arcularius absent.

Assessor/Price & Brumfield Contract

Mr. Tom Lanshaw, Assessor, provided additional information on the request to approve the contract with Price and Brumfield for preparation of upcoming Coso Appeals.  The County Administrator informed the Board that after this contingencies appropriation and the County’s Counsel’s request the balance in contingencies will be $260,000.  Moved by Supervisor Williams and seconded by Supervisor Hambleton to A) amend the FY 2002/03 County Budget as follows: reduce Contingencies Budget 087100, Contingencies (Object Code #5901) by $50,000 and increase Assessors Budget 010600, Professional & Special Services (Object Code #5265) by $50,000; and B) ratify the Contract between the County of Inyo and the law firm of Price & Brumfield, LLP for the period of April 1, 2003, through June 30, 2004, in an amount not to exceed $50,000, contingent upon the Board’s adoption of FY 2003/04 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Arcularius absent.

Auditor/Fixed Asset Policy Change

Ms. Leslie Chapman, Auditor-Controller, explained that the request to increase the threshold for capitalization of assets was being driven by GASB requirements and the amount of work associated with compliance.  She assured the Board that while those assets under $5,000 would no longer be monitored for depreciation they would be maintained on the County’s Asset list.  Moved by Supervisor Williams and seconded by Supervisor Bear to amend the existing County of Inyo Fixed Asset and Equipment Management Policy to reflect an increased minimum capitalization threshold of $5,000 and updating the language to more accurately reflect current practices.  Motion carried unanimously, with Supervisor Arcularius absent.

Clerk-Recorder/ Microfilm Contract

Ms. Beverly Harry, Clerk-Recorder, provided additional information and responded to questions from the Board regarding the request to enter into a contract for microfilming court and clerk records.  Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and Delta MicroImaging for the provision of scanning and microfilming services of Court and Clerk-Recorder records for the initial period of May 13, 2003, through June 30, 2003, and with annual fiscal year extensions in an amount not to exceed $40,000 per year, for a total not to exceed $200,000, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously, with Supervisor Arcularius absent.

County Counsel/

Kirby Contract Amendment

Moved by Supervisor Hambleton and seconded by Supervisor Williams to approve Amendment No. 1 to the Agreement between the County of Inyo and John D. Kirby, A.P.C., for provision of legal services for the period of July 1, 2002, through June 30, 2003, increasing the Contract by $36,000, to an amount not to exceed $206,000; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Arcularius absent.

County Counsel/ Price and Brumfield Contract Amendment

Moved by Supervisor Bear and seconded by Supervisor Hambleton to A) ratify Amendment No. 4 to the Contract between the County of Inyo and the Law Firm of Price & Brumfield, effective November 1, 2002, for the provision of legal services, increasing the Contract by $75,000, to an amount not to exceed $200,000 for the period of July 1, 2001, through June 30, 2003; and authorize the Chairperson to sign; and B) amend the FY 2002-03 County Budget by reducing Contingencies Budget 087100, Contingencies (Object Code #5901) by $58,000 and increasing County Counsel Budget 010700, Professional and Special Services (Object Code #5265) by $58,000.  Motion carried unanimously, with Supervisor Arcularius absent.

Planning Dept./ Pacific Municipal Contract

Moved by Supervisor Bear and seconded by Supervisor Hambleton to approve the Contract between the County of Inyo and Pacific Municipal Consultants for current and long-range planning services, for the period of May 13, 2003, through June 30, 2004, in an amount not to exceed $80,000, contingent upon the Board’s adoption of a FY 2003/04 Budgets; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Arcularius absent.

Sheriff/COPS Expenditures

Moved by Supervisor Bear and seconded by Supervisor Williams to A) amend the FY 2002/03 Sheriff’s General Budget 022700 by increasing estimated revenue in Citizen Option, Public Safety (Revenue Code #4488) by $102,641 and increasing appropriations in expenditures as recommended by Staff by $102,641; and B) award and authorize the purchase of equipment, etc. as recommended by Staff to the low bidders and/or declare the following as sole-source providers of equipment and authorize the purchase of the equipment from those sole-source providers as recommended by Staff: Motorola for radios; Davidson’s Law Enforcement for firearms and magazines; Frank E. Wilbur Company for ID equipment, hardware/software, and supplies; Action Target for range targets; and Dillion Precision for related training equipment.  Motion carried unanimously, with Supervisor Arcularius absent.

H&H-Child Care Council/Appt.

Moved by Supervisor Bear and seconded by Supervisor Hambleton to appoint Deborah Breazeale to serve an unexpired term ending November 4, 2003.  Motion carried unanimously, with Supervisor Arcularius absent.

Closed Session

The Chairperson recessed open session at 3:20 p.m., to convene in closed session, with all Board Members present, except Supervisor Arcularius to discuss Agenda Items No. 23.  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 Judgment, Inyo County Superior Court, Case 12908;  No. 24.  CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case -  EIR/EIS Lower Owens River Project (LORP)  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 Judgment, Inyo County Superior Court, Case 12908; No. 25. CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case -   2003-2004 Annual Operations 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 Judgment, Inyo County Superior Court, Case No. 12908; No. 26.  CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case -  Sierra Club v. City of Los Angeles, Department of Water and Power and Inyo County, Superior Court Case No. SICVCV01-29768; No. 27.  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. 28.  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 - Negotiators - County Administrator and Personnel Analyst

Report on Closed Session

The Chairperson recessed closed session at 6:00 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 6:00 p.m., to 9:00 a.m., May 20, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.