Board Minutes - June 03, 2003

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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, June 3, 2003, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Michael Dorame presiding, Linda Arcularius, Julie Bear, Ted Williams, and Carroll M. Hambleton, Jr.   Supervisor Dorame provided the Invocation, and Supervisor Hambleton led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the public comment period.  Ms. Irene Jensen of Lone Pine, addressed the Board to ask about additions to the CREST Route, which would enable people to travel outside of the County without having to have an overnight stay.  The County Administrator indicated that an item next week, concerning the CREST Route was being scheduled, and suggested the Board discuss Ms. Jensen’s recommendation at that time.  Mr. Jeff Jewett, Public Works Director, responded to Ms. Jensen’s remarks, explaining that Ms. Jensen had also addressed the Local Transportation Commission, and he was working with the Transit Program and also the Senior Program to help address the concerns identified.  Ms. Sophia Merk, representing the High Desert Multiple-Use Coalition, addressed the Board to comment on the disperity between and among the variety of environmental documents, ie NEMO, NEPA, WEMO, etc., which are being required on BLM projects.  She provided the Board with a CD Rom copy of the latest NEMO document, as well as a number of letters regarding enviornmental document requirements.

 

County Dept. Reports

The Chairperson announced the County Department Report period, and there were no reports forthcoming.

 

Planning Dept.- Yucca Mnt./NRC Presentation

Representatives of the Nuclear Regulatory Commission addressed the Board to make a presentation on the NRC’s role in the licensing of the proposed Yucca Mountain Nuclear Waste Repository and Inyo County’s potential role in the licensing process.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:00 a.m., reconvening at 11:15 a.m., with all Board Members present.

 

Post Agenda/ Change in Jurisdiction for Coso Operations

The County Administrator presented a post agenda item for the Board’s consideration.  Mr. Mendez explained that the situation regarding the change in jurisdiction for the Coso operations from the military to the BLM continues to escalate, with the County of Inyo being placed in a situation where both factions are courting Inyo County’s support.  Mr. Mendez explained that through the course of the investigation into the situation, Congressman Gibbons, the author of the legislation, which is proposing the change in jurisdiction, had requested the County provide language for the legislation, which would secure the County’s ability to assess property tax.  Mr. Mendez went on to explain that Congressman Gibbons was requiring the County’s input by today, therefore the request for the Board to consider this item as a post agenda item.  Moved by Supervisor Bear and seconded by Supervisor Williams to find that the need to discuss and take possible action regarding the County’s position on a change of jurisdiction for the Coso Operations in Inyo County, from the military to the BLM, arose after the Agenda for the June 3, 2003, Board of Supervisors Meeting was posted, and there is a need for the Board to take action on this item prior to the next regularly scheduled Board Meeting, therefore, this item is added as Agenda Item No. 21A.  Motion carried unanimously.

 

CAO-Admin. Serv./Bishop Office Lease

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the extension to the Lease Agreement between the County of Inyo and Bishop Development Company for office space at the Cottonwood Plaza for the Juvenile & Adult Probation Offices, Integrated Waste Management, Risk Management, Personnel, the County Administrator and Board of Supervisors Offices, extending the lease to the period of July 1, 2003, through June 30, 2004, at the rate of $4,165.83 per month; and authorize the Deputy County Administrator to notify Bishop Development Company.   Motion carried unanimously.

 

Integ. Waste/ Bishop Waste Big Pine Transfer Contract

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Bishop Waste Disposal for transfer of solid waste from the Big Pine Transfer Station to the Bishop-Sunland landfill, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $36,000, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Integ. Waste/ Bishop Waste Olancha - Keeler Transfer Contract

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Bishop Waste Disposal for transfer of solid waste from the Olancha and Keeler Transfer Stations to the Lone Pine landfill, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $27,145, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

 

Integ. Waste/ Bishop Waste Transfer Station Toilet Service Contract

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Bishop Waste Disposal for chemical toilet services at the Independence, Lone Pine, Bishop-Sunland landfills and the Big Pine Transfer Station for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $3,923, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Integ. Waste/

Olancha Transfer Station Maintenance Serv. Contract

Deputy County Administrator, Chuck Hamilton, responded to a question from Supervisor Williams explaining that the difference in cost for the contracts for Olancha, Keeler, and Homewood Canyon is due to the diversity of demand for services at the various locations.  Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Ramona Barker for maintenance services at the Olancha Transfer Station, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $2,880, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Integ. Waste/ Keeler Transfer Station Maintenance Contract

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and David Tallent for maintenance services at the Keeler Transfer Station, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $1,800, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

 

Integ. Waste/ Homewood Canyon Transfer Station Mainten-ance Contract

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Ardith Peek for maintenance services at the Homewood Canyon Transfer Station, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $2,520, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

 

Integ. Waste/ Pahrump Disposal - D.V. Junction Waste Hauling Contract

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Pahrump Valley Disposal, Inc. for waste hauling services from Death Valley Junction for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $1,556, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

 

Integ. Waste/ Pahrump Disposal Tecopa Waste Hauling Contract

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Pahrump Valley Disposal, Inc. for waste hauling services from the community of Tecopa, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $30,914, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

 

Integ. Waste/ Pahrump Disposal Furnace Creek Waste Hauling

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Pahrump Valley Disposal, Inc. for waste hauling services from the community of Furnace Creek, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $40,400, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Integ. Waste/ Pahrump Dis-posal Shoshone & Charleston View Hauling

Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Pahrump Valley Disposal, Inc. for waste hauling services from the communities of Shoshone and Charleston View, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $20,481, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Integ. Waste/ Kern County Waste Mng. Contract

Ms. Margaret Gramm, a Homewood Canyon Resident, asked why the waste from the southern end of the County was being transported to Ridgecrest instead of Trona.  Deputy County Administrator responded, that the County has an agreement with Kern County for this service and in order to transport the waste to Trona, a contract with San Bernardino County would need to be in place.  The County Administrator indicated that this alternative would be explored, with a report back to the Board.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to authorize the annual payment in an amount not to exceed $6,099 to Kern County Waste Management for disposal of solid waste, generated within the most southern area of the County, at the Ridgecrest Sanitary Landfill, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $6,099, contingent upon the Board’s adoption of a FY 2003/04 County Budget.  Motion carried unanimously.

 

 

Integ. Waste/ Ridgecrest Sanitation Waste Hauling Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Ridgecrest Sanitation for the transfer of solid waste from the Homewood Canyon Transfer Station to the Ridgecrest landfill in Kern County, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $7,453.32, contingent upon the Board’s adoption of a FY 2003/04 County Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Resol. #2003-25/Reese Rd. Abandonment & Parcel Merger

The Chairperson opened the public hearing at 11:25 a.m., to consider a resolution entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Declaring the Vacation and Abandonment of Portions of Howard Street, Main Street, and an Unnamed Alley in Darwin Townsite” which approves Road Abandonment No. 2002-02/Reese and Parcel Merger No. 2002-05/Reese.  Ms. Adena Fansler, Planing Department Representative, reviewed the Staff Report and recommendations, requesting that the Staff Report be entered into the record and it was marked Exhibit A.  Ms. Fansler then requested that the Minutes of the Board of Supervisors Meeting of March 13, 2003, be accepted into the record and they were marked Exhibit B.  Additionally, Ms. Fansler requested that the Staff Report and Exhibits identified in the minutes pertaining to the Reese Road Abandonment and Parcel Merger be added to the record and they were incorporated into Exhibit B by reference. 

Ms. Kathy Goss, Darwin Resident and Darwin Community Service District Representative, addressed the Board to support the compromise being presented and requested that the Exhibits presented during the public hearing held during the May 13, 2003, Board of Supervisors Meeting be made a part of this record.  The Board Members thanked the community members for their willingness to work together to resolve their concerns and congratulated the community on the successful conclusion to this road abandonment and parcel merger.  There being no one else from the public wishing to address this matter, the Chairperson closed the public hearing at 11:35 a.m. 

On a motion by Supervisor Bear and a second by Supervisor Williams, Resolution No. 2003-25, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Declaring the Vacation and Abandonment of Portions of Howard Street, Main Street, and an Unnamed Alley in Darwin Townsite” was adopted; motion unanimously passed and adopted.  

 

Resol. #2003-26/ RCRC Scholar- ship Award

Supervisor Bear provided the Board with a copy of the resolution awarding a $500 Scholarship to two Second District Bishop High School Graduates.  She asked that the recipient names remain confidential until after the presentation of the Scholarships during the June 4, 2003, Scholarship Ceremonies.  Supervisor Bear indicated that she would announce the names during next week’s Board of Supervisors Meeting.  On a motion by Supervisor Bear and a second by Supervisor Arcularius, Resolution No. 2003-26, awarding two $500 “Regional Council of Rural Counties, Rural Alliance, Inc., and the Inyo County Board of Supervisors Rural Scholarships” for 2003 was adopted; motion unanimously passed and adopted.

 

Planning Dept.- Yucca Mnt./Prior Year Claim for Payment - Hydrodynamics Group

Mr. Andrew Remus, Yucca Mountain Coordinator and Ms. Andrea Clark, Acting Planning Director, provided additional information and further justification for the payment of a prior year claim by the Hydrodynamics Group for hydrologic support service provided in conjunction with the D.V. Ground Water Monitoring Program.  Mr. Remus and Ms. Clark explained that additional controls have been put in place to ensure timely contract payments and more intense contract administration, as well as confirming that the services provided were a part of the scope-of-work for the contract, which is currently in place.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to treat the request for payment as a claim and authorize the Auditor-Controller to pay the amount requested by the Hydrodynamics Group, LLC, in the amount of $66,673 for hydrologic support services provided to the County’s Death Valley Regional Ground Water Monitoring Program in FY 2001/02, prior to the beginning of the current Contract with Hydrodynamics Group.  Motion carried unanimously.

 

BofS/Minute Approval

The Assistant Clerk requested that the minutes of the May 27, 2003, Board of Supervisors Meeting be amended to include the statement in the opening paragraph that Supervisor Dorame was absent. 

Moved by Supervisor Hambleton and seconded by Supervisor Williams to approve the minutes of the May 20, 2003, Board of Supervisors Meeting.  Motion carried unanimously, with Supervisor Dorame abstaining.

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the minutes of the May 22, 2003, Special Board of Supervisors Meeting.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Hambleton to approve the minutes of the May 27, 2003, Board of Supervisors Meeting as amended to include the statement “Supervisor Dorame was absent” in the opening paragraph.  Motion carried unanimously, with Supervisor Dorame abstaining. 

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:50 a.m., reconvening at 1:10 p.m., with all Board Members present.

 

CAO-Treasurer/ Change of Jurisdiction for Coso Operations

The County Administrator provided additional information regarding the need for the County to take a position on the proposal to change the jurisdictional responsibility of the Coso Geothermal Operations from the military to the BLM.  Mr. Mendez reviewed the information which is known at the present time:

·                                 The private sector is driving the movement for the change.

 

·                                 A change will not affect the County’s ability to tax the operations.

 

·                                 There may be a change in the amount of geothermal royalties which are paid to the County should the BLM assume responsibility.

 

·                                 A Kern County Supervisor is opposing the change.

 

·                                 Congressman Gibbons is sponsoring legislation to authorize the move in jurisdiction and is requesting input from Inyo County to secure the County’s ability to tax the operations.

 

·                                 The military is opposed to the change and has indicated that should the BLM gain authority continued operations may be in jeopardy.

 

·                                 The Navy’s position for no change supports the County of Inyo’s position that the operations are not on a Federal Enclave.

 

·                                 Congressman Lewis, a long-standing Inyo County supporter and highly placed and influential member of Congress, is opposed to the change.

 

·                                 Several Nevada Counties are opposed to the change.

 

·                                 Lake County may be concerned with the change should it result in loss of royalty payments due to a change in the formula for calculating the payments.

 

·                                 At the present time, the entities identified thus far are indicating impact to Inyo County without our buy-in.

 

·                                 The Inyo County Treasurer-Tax Collector, John Treacy,  has been invited by Congressman Gibbons to testify to the Sub-Committee, regarding the County’s taxing authority.

 

·                                 Inyo County is working with Congressman McKeon’s Office to determine the Congressman’s position on this matter.

 

·                                 A formal resolution needs to be to NACo by June 10, 2003, in order to be considered at the Annual Conference in July. 

 

·                                 The County of Inyo is a major player in this issue and there is a need for the County to take a position on the matter.

 

The County Administrator recommended and the Board directed Staff to continue to monitor and investigate the situation and agendize, for next week’s meeting, a discussion and possible action item in order to provide the maximum flexibility for the County to protect our interests.

 

 

Fish & Game/  Regulations and Water Systems Fine Fund Expenditures

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the following expenditures from the Fine Fund and authorize payment of these funds through warrant based upon certification of the expenses by the California Department of Fish and Game and/or Mr. Dick Noles : A) $2,206.50 to print 10,000 copies of “A Guide to the Special Regulation Waters of Inyo and Mono Counties” with the stipulation that the name “Inyo-Mono Fish and Game Advisory Commission” be printed on the front cover; and B) $750 for the purchase of a motion camera and for plumbing and miscellaneous material for the installation of 5 new 1,000 gallon water systems.  Motion carried unanimously.

 

Closed Session

The Chairperson recessed open session at 2:20 p.m., to convene in closed session, to discuss Agenda Items No. 23.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)] - William Williams v. County of Inyo, et al., United States District Court for the Eastern District of California Case No. CIV-F-03-5640 OWW SMS; No. 24.  CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)] - One Case - 2003-2004 Annual Operations Plan 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; No. 25.  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 for Judgment, Inyo County Superior Court, Case No.  12908; No. 26.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)] - County of Inyo v. Bishop Paiute Tribe, 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. 27.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)] - Saumur v. County of  Inyo, United States Court of Appeals, Ninth Circuit Case No. 01-17110 (United States District Court for the Eastern District Case No. CIV-F-98-6124 REC DLB).

 

Report on Closed Session

The Chairperson recessed closed session at 7:00 p.m., to reconvene in open session to receive a report on closed session.  County Counsel reported that with regard to Item No. 23.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)] - William Williams v. County of Inyo, et al., United States District Court for the Eastern District of California Case No. CIV-F-03-5640 OWW SMS, the Board, in a unanimous  vote, with Supervisors Arcularius, Bear, Williams, Hambleton and Dorame, voting yes, has authorized and directed the Office of County Counsel to defend the County of Inyo, the County Administrator, René L. Mendez, Sheriff Dan Lucas, Undersheriff Jack Goodrich and Risk Manager, Marlena Baker in this matter, and to engage the services of John Kirby A.P.C., in that effort.

 

Water Dept./ Instructions to Negotiators

Mr. Greg James, Inyo County Water Director, reviewed the Agenda for the June 6, 2003, Standing Water Committee Meeting to be held at the Patio Building at the Tri-County Fairgrounds in Bishop.  Mr. James identified the information items and provided an explanation of Staff recommendations on the actions items.  The Board concurred with Staff’s recommendations.

 

 

 

Adjournment

The Chairperson adjourned the regular meeting at 7:00 p.m., to 9:00 a.m., Tuesday, June 10, 2003, 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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