Board Minutes - July 08, 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, July 8, 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 Hambleton provided the Invocation, and Supervisor Williams led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the public comment period.  Ms. Arlene Grider, Independence Resident, spoke to the Board.  She thanked the County for their renovation of the local tennis courts and suggested that the County place a sign on the site for the new Justice Court, identifying the project, the funding source and the start date.  Ms. Grider also suggested that a sign be placed at Dehy Park identifying the expansion and the funding source.  She explained that she felt the County needed to be acknowledged for the work, which they are responsible for and recognized for their accomplishments around the community.  Mr. Rich White, Independence Chamber of Commerce, reported on the success of the recent Independence Fishing Derby and the 4th of July Celebration.  He presented the Board with a published copy of the “Campgrounds of Inyo County” guide which was a Coalition of Chambers project and a joint project with the Forest Service, the National Park Service, the Bureau of Land Management, Inyo County, and Private Campgrounds.  Mr. White explained that 95% of the funding for the printing of this guide was paid by the advertisers.  Ms. Frieda Lindsay of Channel 12, notified the Board that Channel 12 would be broadcasting a memorial program honoring Bob Campbell, which is scheduled to be aired this weekend.

County Dept. Reports

The Chairperson announced the County Department Report period.  Mr. René Mendez, County Administrator, updated the Board on the status of the State Budget, reporting that there is nothing to report.  He provided the Board with a copy of a comparison sheet prepared by CSAC, which compares the various budget proposals currently being circulated.

 

H&H-Behavioral Hlth./Summitview Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Summitview Child Treatment Center for the provision of mental health services for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $55,000, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

P.W./Plans for Pa Ha & Tu Su Lane Project

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Plans, Special Provisions, and Bid Package for the Pa Ha and Tu Su Lanes Resurfacing Project and authorize the Public Works Director to advertise for bids for the project.  Motion carried unanimously.

 

Rd. Dept./Rd. Report Contract State Controller

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract with the Controller of the State of California for the preparation of the annual Road Report for the fiscal year ending June 30, 2003, in an amount not to exceed $4,000, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Probation/Chief Probation Officer Governance Agreement

The County Administrator provided the Board with an amended page 5 to the Governance Agreement between the County and the Superior Court for oversight of the Chief Probation Officer (CPO).  He explained that the amendment expands Paragraph 5 of page 5, to identify the Board of Supervisors role in the appointment of a Chief Probation Officer.  Mr. Mendez described the current relationship between the Courts and the Chief Probation Officer, explaining that the relationship is established in State statute.  He went on to explain the relationship between the Courts, the CPO and the Probation Department.  Mr. Mendez informed the Board that the Agreement is a joint partnership between the County and the Courts for the governance of the CPO.  He also explained that it is a governance model, which is being recommended throughout the state and should it prove unsuccessful the governance would default back to State statute.  Mr. Mendez, in response to a question, explained that through this agreement there will be no unilateral discipline of the CPO by either party, that it would require the agreement of both parties. 

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the Governance Agreement, with the amended page 5, between the County of Inyo and the Superior Court of the County of Inyo, State of California, for the appointment and oversight of the Chief Probation Officer.  Motion carried unanimously.

 

Probation/Moffett Appointment

The County Administrator informed the Board that Mr. James Moffett, has accepted the County’s offer for the Chief Probation Officer position.  He provided the Board with a copy of Judge Stout’s Order making the appointment of Mr. Moffett, effective August 11, 2003.  Mr. Mendez explained that this is the first example of how the previously approved Governance Agreement will work in Inyo County.  He went on to say that the approval of the personal services contract between the County of Inyo and Mr. Moffett is the next step in the process. Mr. Mendez introduced Mr. Moffett to the audience, indicating that he would be issuing a press release in the near future to introduce Mr. Moffett to the citizens and residents of the County.  Mr. James Moffett addressed the Board to express his pleasure in having the opportunity to become a part of the Inyo County family and introduced his wife Danielle to the Board.  The Board welcomed Mr. And Mrs. Moffett to Inyo County and expressed their confidence in his ability to lead the Probation Department.  Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Mr. James Moffett for personal services as the Chief Probation Officer; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Recess/

Reconvene

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

 

Transit/CREST Fares for Service to Reno

Ms. Monika Watterson, Transit Program Director, reviewed the Staff Report and recommendations regarding the proposed fares to be charged for the expanded CREST service from Bishop to Reno, Nevada.  The Chairperson opened the public hearing at 10:10 a.m., to take testimony on the proposed fares to be charged the users of the Inyo Mono Transit Interregional Bus Route for the expansion of service from Bishop to Reno, Nevada, and destinations between.  There was no one from the public wishing to speak to this issue. The Board and Ms. Watterson discussed the proposed fares, including the formulas used to arrive at the rates.  The Board expressed their satisfaction in seeing this transportation need met for those in the communities who depend upon this route.  The Board Members went on to recognize that not everyone’s individual concerns regarding interregional bus service could be solved, noting a concern with southbound scheduling and connections, which was brought to the Board’s attention by a Lone Pine Resident several weeks ago.  Ms. Watterson, in response to the Board’s comments, provided information that Inyo County, along with Kern County are working on new schedules to coincide with Greyhounds new schedules, to improve connections and links for the southbound CREST travelers, which should be in place by September and relieve some of the issues.  The Chairperson closed the public hearing at 10:25 a.m.  

 

Resol. 2003-37/ CREST Fares for Serv. To Reno

On a motion by Supervisor Bear and a second by Supervisor Williams, Resolution No. 2003-37, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Establishing Fares for Inyo Mono Transit’s Bus Route from Bishop to Reno, Nevada,” was adopted:  motion unanimously passed and adopted.

 

CAO-Info Serv./ Agreement With  Canon for Rental of Copier Machines

Mr. Brandon Shults, Information Services Director, provided additional information and further explanation on the request to contract with Canon for centralized copier machine rental.  Mr. Shults, in response to a question regarding the initial capital outlay, explained that as a result of the Agreement and potential trade-in credit for many of the machines being replaced, which are owned by the County, he expects an initial rebate to the County of about $30,000.  The County Administrator provided clarification that while the Agreement may be approved now, this service will not begin until sometime in September, after the Final Budget is adopted.  The Board thanked Mr. Shults and Mr. Mendez for the thoroughness of the Staff Report. The Board Members expressed their gratification at the number of County copier machines, which have been kept to the small number of only 41.  The Board noted that with a County as large as Inyo, which has such a diverse number of offices and locations, it is a testament to the employees’ ability to successfully coordinate copier workload issues.  Moved by Supervisor Williams and seconded by Supervisor Hambleton to approve the rental Agreement with Canon Financial Services, Inc. of Carol Stream, Illinois, on behalf of American Business Machines of Bishop California for copier machine rental, for a five-year term, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

 

 

Water Dept/ Laws Area Irrigation Project - Resol. #2003-38 Laws Area Irrigation Project Approval

Mr. Greg James, Inyo County Water Director, reviewed the documentation provided regarding the Laws Area Irrigation Project, including the Water Commission’s recommendations and Staff’s requested actions.  Mr. James explained that the Irrigation Project being proposed would irrigate a greater amount of acreage in the Laws area, using less water than currently identified in the Agreement.  Mr. James and the Board discussed the Project in detail and at great length.  Mr. James informed the Board that only three people spoke to this issue during the Water Commission’s public hearing on Wednesday, July 1, 2003, and they were (a) Mr. Mark Johns the potential lessee of the area being proposed for irrigation who spoke in support of the project; (b) Mr. Mike Prather, of the Owens Valley Committee who opposed the project; and (c) Mr. Daniel Pritchett, of the California Native Plant Society who also opposed the project. Mr. James reviewed the additional recommendation by the Water Commission that the Board aggressively pursue a comprehensive management plan.  Mr. James highlighted what he felt were the County’s only options regarding the Laws area which were:

 

 

1.

 

2.

 

 

3.

to approve Staffs recommendations as presented in the Staff Report;

 

to not approve this project and proceed, through whatever channels are available, to have LADWP irrigate the existing lands per the Water Agreement; or

 

to perform no irrigation and defer irrigation of the Laws area until there is agreement on a comprehensive plan for the area.

 

 

The Board expressed their support for the recommendations, explaining that they did not feel the amendment to the Water Agreement was precedent setting, because the Laws Area is a unique situation, which requires immediate action.  They expressed their thoughts that the Long Term Water Agreement is a living document, which provides local jurisdictions the opportunity to govern their own water issues, and it is an adaptive management tool, which provides for change.  The Board also concurred with the Water Commission’s recommendation to pursue a comprehensive management plan for the area, with the Board endorsing the continuation of the Water Commission, and thanking the Water Commissioners for their continuing efforts on behalf of the County.

 

Moved by Supervisor Bear and seconded by Supervisor Arcularius to A) adopt the Mitigated Negative Declaration for the Irrigation Project in the Laws Area; B) approve the Irrigation Project in the Laws Area; C) approve an Amendment to the Water Agreement to Modify the Management Map for the Laws Area; D) support the recommendation to aggressively pursue a comprehensive management plan for the Laws area; and E) adopt a Resolution No. 2003-38, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Certifying the Mitigated Negative declaration of Environmental Impact Prepared Pursuant to the California Environmental Quality Act for the Irrigation Project in the Laws Area, Adopting a Mitigation Monitoring and Reporting Program, Approving the Irrigation Project in the Laws Area and Approving the Amendment to the Water Agreement to Modify the Management Map for the Laws Area.”  Motion unanimously passed and adopted.

 

BofS/Minute Approval

Moved by Supervisor Hambleton and seconded by Supervisor Williams to approve the minutes of the following Board of Supervisors Meetings: A) June 17, 2003, Regular Meeting; B) June 23, 2003, Special Meeting; C) June 24, 2003, Regular Meeting; D) June 27, 2003, Special Meeting; E) June 30, 2003, Special Meeting; and F) July 1, 2003, Regular Meeting.  Motion carried unanimously.

 

Board Members and Staff Reports

The Chairperson suspended Board Reports because of his need to travel to Markleeville tonight in order to attend the Great Basin Meeting tomorrow morning.  The County Administrator confirmed the Special Meeting to be held Monday, July 14, 2003, beginning at 9:00 a.m., at the Administrative Services Offices in Bishop, to conduct closed session on the Planning Director appointment.

 

Closed Session

County Counsel reported that closed session Agenda Items No. 15.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment - Title - Chief Probation Officer and No. 16.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Title - Chief Probation Officer - Negotiators – Member of Board of Supervisors as designated, had been withdrawn and would not be discussed in closed session.  The Chairperson recessed open session at 12:05 p.m., to convene in closed session to discuss Agenda Items No. 13.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Patricia Grose v. County of Inyo, WCAB #SBR 0305898; No. 14.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Performance Evaluation - Title - County Administrative Officer; No. 17.  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. 18.  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) - Negotiators - County Administrator and Personnel Analyst.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:05 p.m., to reconvene in closed session at 1:00 p.m., with all Board Members present, to continue discussions on closed session items.  The Chairperson recessed closed session at 2:00 p.m., to convene as the Board of Equalization (separate minutes).  The Chairperson reconvened in closed session at 2:35 p.m., with all Board Members present to continue discussion on closed session items.

 

Report on Closed Session

The Chairperson recessed closed session at 5:15 p.m., to convene 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 5:15 p.m. to 9:00 a.m., Tuesday, July 15, 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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Last Updated: May 18, 2006