Board Minutes - December 16, 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 9:40 a.m., on Tuesday, December 16, 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 Bear led the Pledge of Allegiance.

 

 

Public Comment

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

 

County Dept. Report

The Chairperson announced the County Department report period.  Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on a Welfare Director’s Association Meeting, where the State budget reductions were discussed.  She said that she would keep the Board informed as to the impacts to Inyo County of pending actions at the State level.  Ms. Leslie Chapman, Auditor-Controller, presented the Board Members with a copy of the published Inyo County FY 2003/04 Budget Book. 

 

CAO-Econ. Devel. Workshop

The Chairperson recessed open session at 9:50 a.m., to convene in a workshop with Deputy County Administrator, Mr. Ron Juliff, to receive an update on the County’s Economic Development efforts.  The Chairperson recessed the workshop at 10:20 a.m., to reconvene in open session with all Board Members present.

 

 

CAO-Info Serv./ Sungard License & Services Agreement

Moved by Supervisor Bear and seconded by Supervisor Williams to A) approve the Sungard H.T.E., Inc., Software License and Services Agreement for the period of December 1, 2003 through November 30, 2004, in an amount not to exceed $33,040, contingent upon the Board’s adoption of future budgets; B) approve the Addendum between Sungard H.T.E., Inc., Inyo County and the Inyo Superior Court; and C) authorize the Chairperson to sign the Agreement and the Addendum, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

P.W./Laws TEA Grant Extension

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the one-year extension for the Laws Railroad Museum TEA grant; and authorize the Chairperson to sign the Projects with Lapsing Funds Form.   Motion carried unanimously.

 

P.W./Plans & Specs Lone Pine Park Rehab. Project

Mr. Ron Chegwidden, Road Department, responded to questions from Supervisor Dorame, confirming that this project will not interfere with the Lone Pine Homecoming scheduled for next year.  Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Plans and Specifications for the Lone Pine Park Rehabilitation Project, contingent upon review by County Counsel, and authorize the Public Works Director to advertise for bids for the project.  Motion carried unanimously.

 

P.W./Hoerner Vigen Alliance Contract Amendment

Moved by Supervisor Bear and seconded by Supervisor Williams to A) approve Amendment No. 1 to the Contract between the County of Inyo and Hoerner Vigen Alliance for the provision of Architectural Services for the design of the Inyo County Justice Facility, increasing the Contract by $19,570, to an amount not to exceed $312,359, contingent upon the Board’s adoption of future budgets, and extending the term of the contract from September 1, 2002, through December 31, 2004; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Rd. Dept./Survey Equipment P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to ratify the emergency purchase of a LIECA TC-407 survey instrument and tripod from Haselback Survey Instruments, Inc., in the amount of $5,822.81.  Motion carried unanimously.

 

 

 

CAO-Econ. Dev./ CBDG Grant Amendment

The Chairperson opened the public hearing, at 10:25 a.m., to consider the County’s proposed amendment for the CDBG #02-STBG-1781 grant to consolidate the grant into a regional study with other agencies.  Deputy County Administrator Ron Juliff reviewed the Staff report and recommendations regarding the regional study approach for the CDBG Grant.  Ms. Andrea Clark, Executive Director of Mammoth Lakes Housing Inc., addressed the Board to support the proposed amendment to the CDBG Grant.  The Chairperson closed the public hearing at 10:40 a.m. 

 

Resol. #2003-79/ CDBG Grant Amendment

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2003-79 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Approving a Request to Amend the Planning/Technical Assistance Grant Awarded by the State Community Development Block Grant Program to Consolidate the Award Into a Regional Study Effort and Authorizing the Economic Development Coordinator to Act on Behalf of the County with Respect to that Amendment,” was adopted: motion unanimously passed and adopted.

 

Resol. 2003-80/ B.P. Ditch System Project

Mr. Greg James, Water Director, provided additional information and further clarification on the actions associated with the approval of the Big Pine Ditch System.  Mr. James responded to questions from the Board.  Mr. Bob Steele of Big Pine addressed the Board to support the project and to recommend the Board take the appropriate actions to approve the project.  On a motion by Supervisor Hambleton and a second by Supervisor Williams Resolution No. 2003-80 was adopted, which

 

A) certifies the Mitigated Negative Declaration for the Big Pine Ditch System -- Implementation, Water Supply, and Associated Modification of the Klondike Lake Enhancement/Mitigation Project; certifies that the requirements of the California Environmental Quality Act (CEQA) have been satisfied; adopts the Mitigation Monitoring and Reporting Program, and directs staff to file a Notice of Determination;

 

B) approves the Big Pine Ditch System -- Implementation, Water Supply, and Associated Modification of the Klondike Lake Enhancements/Mitigation Project; and

 

C) approves the Amendment to the Water Agreement to Modify the Source of Water to Supply the Big Pine Ditch System and authorizes and directs County Counsel to seek approval of the amendment by the Inyo County Superior Court: motion unanimously passed and adopted.

 

Integ. Waste/ 2004 Hauling Permits

Supervisor Williams asked that options for secure revenue calculations for the waste hauling permits be explored, in order to guard against fluctuating revenue.  Deputy County Administrator Chuck Hamilton indicated that he would research the options and provide a report back to the Board.  Moved by Supervisor Williams and seconded by Supervisor Bear to approve the issuance of a 2004 Solid Waste Collection/Transportation Permit to Bishop Waste Disposal, Inc. (Area A), Sierra Disposal, Inc. (Area B), Benz Sanitation (Areas C & F), Pahrump Valley Disposal (Areas D &E), and M.P. Environmental (Area F) to operate in Inyo County; and authorize the Deputy County Administrator, to sign the permits.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the open session at 11:25 a.m., reconvening at 11:35 a.m., with all Board Members present.

 

Sheriff/Night Vision Scopes Lease

The Undersheriff Jack Goodrich, responded to questions regarding the need for the night vision scopes, confirming that this equipment is extremely valuable to law enforcement, and has enabled safer and more effective night surveillance resulting in arrests for illegal activities.  The Undersheriff also confirmed that the lease option is the most cost effective method of obtaining this technology.  Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and the Naval Surface Warfare Center (NAVSURFWARCENDIV) for the lease of eleven (11) AN/PVS-5 (or equivalent) night vision scopes for a one year period, in an amount not to exceed $3,300; and authorize the Sheriff to sign.  Motion carried unanimously.

 

 

Water Dept./ Office Lease

Supervisor Hambleton queried staff regarding the use of the Big Pine Convalescent Hospital for the Water Department Offices, indicating that he would continue to raise the question of using the facility whenever office space leases are being approved.  He explained that it was important that the County find a use for the property in order to prevent further decay of the facility.  Supervisor Hambleton also confirmed his support of a consolidated office building in Bishop, which he said is substantiated when the  money being expended for office space leases in the Bishop area is highlighted. 

 

Moved by Supervisor Hambleton and seconded by Supervisor Bear to approve the one-year lease extension from January 1, 2004, through December 31, 2004, for the offices at 163 May Street, increasing the per month rate by $115.93 to the rate of $4,574.93; 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 12:00 p.m., reconvening at 1:10 p.m., with all Board Members present.

 

E. Health/Dept. Status Report

The County Administrator updated the Board on the status of the Environmental Health Department Programs, commending the Staff on their abilities and for their cooperation during this transition period.  He indicated that he would be bringing a recommendation regarding the disposition of the Department and it’s programs for discussion on January 6, 2004.  Mr. Mendez explained that while the Board is evaluating how to proceed with the Environmental Health Department, there is a need for the County to provide certain mandated services, such as LEA enforcement and oversight.  He indicated that he had been in talks with an individual who was interested in helping the County on an interim basis and asked the Board for the authority to enter into a standard County contract should the negotiations with this individual be successful.  Supervisor Dorame indicated that he would like to see in-house personnel fill the interim leadership role in the Department, with Mr. Mendez explaining the pros and cons of using current personnel for this interim position.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve a standard contract with the County of Inyo and the person designated by the County Administrator for Interim Environmental Health Director services, in an amount not to exceed $20,000, for the period of January 1, 2004, through June 30, 2004; and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

CAO-Info. Serv./ Copier Rental Agreement

Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) rescind the Board Order of July 8, 2003, approving a photocopy machine rental Agreement with Canon Financial Services, Inc.; and B) approve a lease agreement with Xerox on behalf of Sierra Office Supply, a Xerox authorized dealer, for photocopy machine rental for a five year period, 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.

 

CAO-Budget/Title III Funding

Moved by Supervisor Bear and seconded by Supervisor Hambleton to amend the County Budget as follows: A) decrease appropriations in Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $34,347 and B) increase appropriations in Disaster Services Budget Unit 023700, Professional Services (Object Code #5265) by $34,347 in order to recover Title III funding not rolled over and inadvertently used for the Fund Balance as of the end of last fiscal year.  Motion carried unanimously.

 

Parks/Tecopa Play Equipment

The Deputy County Administrator asked that the amount of $8,764 be amended to reflect only the total necessary to complete the purchase which is $764.  Moved by Supervisor Bear and seconded by Supervisor Williams to A) amend the FY 2003-04 Parks & Recreation Budget Unit 076998 by increasing revenue in State Grant (Revenue Code #4498) by $764 and increase appropriations in Other Equipment >$1000 (Object Code #5670) by $764; B) award the bid for the construction of play equipment at the Tecopa Hot Springs Park and Campground to Little Tikes Commercial Play Systems, of Huntington Beach; C) approve the purchase order to Little Tikes Commercial Play Systems c/o Pacific Design Concepts for the construction of the play equipment in an amount not to exceed $32,763,75; and D) adopt the Notice of Exemption and certify the requirements of the California Environmental Quality Act have been satisfied.  Motion carried unanimously.

 

CAO-Personnel/ Vacancy Report

The County Administrator provided the Board with a Vacancy Report, which logged the status of current vacant positions within the County.  The Board and Staff discussed the Report in depth and at length, with the Board agreeing with the recommendations regarding those positions which are currently authorized  for filling by the County Administrator per the current hiring process as delegated by the Board. During the discussion Supervisor Arcularius indicated that RCRC has recognized a need to let our legislators know the impact the loss of the VLF backfill will have on the local jurisdictions in order to facilitate this being heard on the floor.  She said that currently the discussions are only taking place in committee and that RCRC is recommending that the counties send resolutions to their legislatures asking that the debate of this issue be heard on the floor.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to direct staff to work with the Chairperson to develop a resolution to be sent to our legislators regarding the VLF Backfill debate being heard on the floor.  Motion carried unanimously.

 

Treasurer/Amend Treasury Investment Policy

Mr. John Treacy, Treasurer-Tax Collector, reviewed his recommendations regarding the amendment to the County’s Treasury Investment Policy, indicating that his recommendations will ensure safety and liquidity as well as higher yields.  Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to approve the amendment to the Inyo County Treasury Investment Policy as follows:  “The remaining maturities of purchased securities shall not exceed one (1) year as calculated from settlement dates, except that no more than thirty-five percent (35%) of the treasury, as calculated on trade dates,  may consist of securities with maximum maturities of three (3) years from settlement dates. (Amended text is indicated by underline.)  Motion carried unanimously.

 

Treasurer/County Treasury Status Report

Mr. Treacy, Treasurer-Tax Collector, reviewed the information contained in the status report on the County Treasury, recommending that the report be provided to the Board on a quarterly basis.  Supervisor Arcularius indicated that she would like to have a year-end report as well as the quarterly report, which would recap the entire year’s activities.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to direct that the status report on the County Treasury be provided on a quarterly basis with a year-end report by the Treasurer.  Motion carried unanimously.

 

Resol. #2003-81/ CA Resources Grant

On a motion by Supervisor Bear and a second by Supervisor Williams, Resolution No. 2003-81 was adopted, which authorizes the Water Department to submit an application to the California Resources Agency for a $250,000 grant from the Department of Transportation’s Environmental Enhancement and Mitigation Program for continuation of the Salt Cedar Control Program in the area of the Lower Owens River Project:  motion unanimously passed and adopted.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 3:20 p.m., reconvening in closed session at 4:00 p.m., with all Board Members present.

 

Closed Session

The Board met in closed session to discuss Agenda Items No. 22. 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. 23.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power and County of Inyo,  Inyo County Superior Court Case No. SICVCV01-29768; and No. 24.  CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION [Pursuant to Government Code § 54956.9(b)(3)(B)] - Threatened litigation concerning consolidation of Veteran’s Service Officer duties with the Sheriff’s Department.

 

Report on Closed Session

The Chairperson recessed closed session at 7:45 p.m., to convene in open session to receive a report on closed session.  County Counsel reported that with regard to Agenda Item No. 23.    CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power and County of Inyo,  Inyo County Superior Court Case No. SICVCV01-29768, the Board of Supervisors in a unanimous vote, with Supervisors Arcularius, Bear, Williams, Hambleton and Dorame voting yes, approved a proposed settlement in this case and have authorized  the release of the settlement details once the City of Los Angeles Water Commission has had the opportunity to consider this settlement proposal.

 

Adjournment

The Chairperson adjourned the regular meeting at 7:45 p.m., to 9:00 a.m., January 6, 2004, 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

 

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