County of Inyo

The Chairperson announced the public comment period.  Supervisor Dorame read into the record a letter from Ms. Kathy Goss of the Darwin Community Service District, commending the County Road Department on the improvement of the Saline Valley Road.  Ms. Mary Lou Priest of Assemblyman Bill Maze’s Office, updated the Board on state legislation, which will benefit rural counties. 

Ms. Linda Anisman, Director of Child Support Services, informed the Board that the transfer of the Department’s operations to the Cottonwood Plaza have been completed and staff is occupying their new offices.  Ms. Anisman, thanked the Building and Maintenance Staff for their assistance in facilitating the move.

HHS-Behavioral Hlth./ECHO Group P.O.

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve a purchase order to The ECHO Group, for updating the INSYST System to become HIPAA compliant and allow for electronic Medicare billings and payment processing, in an amount not to exceed $3,000.  Motion carried unanimously.

HHS-Behavioral Hlth./Merced Manor Contract Amendment

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve Amendment No. 1 to the Contract between the County of Inyo and Merced Manor for residential placement for adults in a locked facility, increasing the Contract amount by $42,200 to a total not to exceed $92,000, for the period of July 1, 2003 through June 30, 2004; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-First 5 Comm./School Readiness Contract with Office of Ed.

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Contract between the County of Inyo and the Inyo County Superintendent of Schools for School Readiness services for the period of February 17, 2004 through February 16, 2008, in an amount not to exceed $192,316, for the annual amounts of FY 2003/04 $79,513; FY 2004/05 $37,601; FY 2005/06 $37,601; and FY 2006/07 $37,601, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

Resol. #2004-04/ No. & So. Round Valley Rd. Completion

CAO-Purchasing/ Office Divider P.O.

In response to a question from Supervisor Williams, the County Administrator confirmed that the furniture being purchased for this item and the following two items is for the Child Support Services.  Supervisor Williams requested that future purchasing items provide more specific detail as to what is being purchased.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to award Quote #53-2003 for and approve the purchase of office dividers from LC Enterprises, in an amount not to exceed $2,216.35, plus tax.  Motion carried unanimously.

COA-Purchasing/ Chair P.O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to award Quote #54-2003 for and approve the purchase of chairs for Child Support Services as recommended by Staff.  Motion carried unanimously.

CAO-Purchasing/ Table P.O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to award Quote #56-2003 for and approve the purchase of tables from Sierra Office Supply, in an amount not to exceed $2,284, plus tax.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to amend the FY 2003/04 County Budget by A) establishing the Used Oil Grant 9^th Cycle Budget Unit 640110; B) increase estimated revenue in the newly established budget, State Grants (Revenue Code #4498) by $14,310; and C) increase appropriations in Professional Services (Object Code #5265) by $6,000; Advertising (Object Code #5263) by $4,450; and County Cost Plan (Object Code #5315) by $520. Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bear to temporarily increase the authorized strength within the District Attorney’s Office by adding two (2) Special Deputy District Attorney positions and authorize the District Attorney to fill the temporary positions.  Motion carried unanimously.

On a motion by Supervisor Bear and a second by Supervisor Arcularius, Resolution No. 2004-05 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for the Big Pine Street Light Relocation Project: motion unanimously passed and adopted.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to A) waive the first reading of an ordinance repealing County Ordinance No. 834, County Ordinance No. 1009, and Chapter 14.29 of the Inyo County Code, and adding a new Chapter entitled “Flood Damage Prevention” to the County Code; and B) schedule the enactment of this ordinance for 10:05 a.m., April 6, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

Mr. Jeff Jewett, Public Works Director, provided additional information and further clarification on the recommended projects for the 2004 RTIP Program cycle.  The Board and Staff discussed the recommendations in detail, with the Public Works Director responding to questions from the Board regarding funding allocations, alternate funding sources, priorities and future projects.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the County road improvement projects to be included in the 2004 Regional Transportation Improvement Program as identified and prioritized by Staff.  Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Meetings of February 10, 2004, and February 24, 2004.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Meeting of  February 17, 2004.  Motion carried unanimously on a four-to-zero vote, with Supervisors Arcularius, Williams, Hambleton and Dorame votine yes and with Supervisor Bear abstaining.

Dist./Indy Cemetery District

Moved by Supervisor Arcularius and seconded by Supervisor Bear to appoint Marilyn Bracken to the Independence Cemetery District Board of Trustees to complete a four-year term ending March 1, 2008.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:55 a.m., to reconvene at 10:15 a.m., with all Board Members present.

Ord. 1074/Board of Supervisors Wages - Rescinding COLA

On a motion by Supervisor Dorame and a second by Supervisor Bear, Ordinance No. 1074 entitled “An Ordinance of the Inyo County Board of Supervisors, State of California, Amending Section III of Inyo County Ordinance 1072 and Subdivision A of Section 2.04.040 of the Inyo County Code Decreasing the Compensation for the Members of the Board of Supervisors” was adopted: motion unanimously passed and adopted.

Ord. 1075/Price for Aviation Fuel and Ramp Fees at Eastern Sierra Regional Airport

On a motion by Supervisor Bear and a second by Supervisor Arcularius, Ordinance No. 1075, entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Establishing a Formula for Setting the Price of Aviation Fuel Sold at the Eastern Sierra Regional Airport, Establishing Transient Commercial Operator Ramp Fees to be Charged at the Eastern Sierra Regional Airport, and Repealing Inyo County Ordinance No. 1029” was adopted: motion unanimously passed and adopted.

Resol. #2004-06/ FTA Grant App. for Replacement Buses

The Chairperson opened the public hearing 10:20 a.m., to receive testimony on a Transit Program application for Federal Transportation Act (FTA) grant funds to purchase replacement buses.  Ms. Monika Watterson, Transit Program Director, reviewed the Staff Report and recommendations.  The Staff Report was accepted into the record and marked Exhibit A.  Supervisor Hambleton queried Staff on the ability to have any surplus buses made available to local non-profit groups and organizations.  The County Administrator concurred and explained that the buses would be disposed of through the local bid process as opposed to turning them over to an outside auctioneer.  There being no one from the public wishing to speak to this issue, the Chairperson closed the public hearing at 10:40 a.m., 

Moved by Supervisor Williams and seconded by Supervisor Arcularius to certify that there are no non-profit organizations readily available in Inyo County to provide the transportation currently provided by Inyo Mono Transit.  Motion carried unanimously.

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2004-06 was adopted, authorizing the submission of the grant applications and authorizing the Inyo Mono Transit Program Director to sign: motion unanimously passed and adopted.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding weeks, including an Interagency Committee on Owens Valley Land & Wildlife Meeting, a Caltrans Meeting on the Bishop access issue, a COG Meeting, a LAFCO Meeting, the tour of the Mt. Whitney Fish Hatchery by Supervisors Hambleton and Williams and the County Administrator, and an EMCC Meeting.  The County Administrator provided a brief recap of the Governor’s budget and the LAO’s budget recommendations, explaining that Inyo County would fare a little bit better under the Governor’s budget than the LAO’s. 

Closed Session

The Chairperson recessed open session at 11:20 a.m., to convene in closed session, with all Board Members present, to discuss Agenda Items No. 21.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Northern Inyo County Local Hospital District and Southern Inyo Healthcare District v. County of inyo, et al., Inyo County Superior Court Case No. SICVPT 03-33417; No. 22.  CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION  [Pursuant to Government Code Section 54956.9(a)(c)] - One Case - Reinhackle Springs Pumping 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. 2908; No. 23.  CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION  [Pursuant to Government Code Section 54956.9(a)(c)] - One Case - Wells 380 and 381 Pump Test 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.   24.  CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION  [Pursuant to Government Code Section 54956.9(a)(c)] - One Case - Bishop Cone Pumping 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; and noticed Item No. 1A. which should be 21A.  Conference with Legal Council - Existing/Anticipated Litigation (Pursuant to Government Code Section 54956.9 (a) (c)] – People of the State of California on the Relation of Beverly Harry and Patrick McLernon v. Jack Goodrich, Undersheriff of Inyo County and Veterans Services Officer, before the Attorney General of the State of California Case No. (None).

E. Health/West Nile Virus Program

The Chairperson recessed closed session at 1:35 p.m., to convene in open session, with all Board Members present to address the Environmental Health Department’s West Nile Virus Disease Program.  Mr. Dave Oldenberg, Interim Environmental Health Director and Staff Members, Mr. Steve Fredrickson and Ernie Poncet, updated the Board on West Nile Virus Program and recent nationwide statistics on the virus.  The Board and Staff discussed the program statistics, with the Board commending the Environmental Health Department for an outstanding job.  The Board and Staff continued to discuss the Program, with the County Administrator providing additional clarification on the funding request, and explaining that by using contingencies there is clearer tracking of the expenditure.  Mr. Mendez also explained that funding for the Program will be included in future budgets.  Moved by Supervisor Bear and seconded by Supervisor Dorame to continue the West Nile Virus Disease Prevention and Response Plan and direct the County Administrator and Auditor Controller to make the necessary changes to the FY 2003/04 County Budget General Fund Contingencies budget to fund the $10,358 for the program.  Motion carried unanimously.

Closed Session

Report on Closed Session

The Chairperson recessed closed session at 4:40 p.m., to reconvene in open session, to receive a report on closed session.  County Counsel reported as a result of the Board’s consideration of the items on the agenda for closed session the following is required to be reported out.  With regard to Agenda Item No. 21A. Conference with Legal Council - Existing/Anticipated Litigation (Pursuant to Government Code Section 54956.9 (a) (c)] – People of the State of California on the Relation of Beverly Harry and Patrick McLernon v. Jack Goodrich, Undersheriff of Inyo County and Veterans Services Officer, before the Attorney General of the State of California Case No. (None), an action for Quo Warrento being requested by Beverly Harry and others against Undersheriff and Veteran Service Officer Jack Goodrich challenging the validity of defendant Goodrich holding the position of Veteran Service Officer, the Inyo County Board of Supervisors, in a five-to-zero vote, with Supervisors Arcularius, Bear, Williams, Hambleton and Dorame voting yes, directed and authorized the Office of County Counsel to defend Jack Goodrich in this matter, and authorized the County to indemnify him.

Adjournment

The Chairperson adjourned the regular meeting at 4:42 p.m., to 9:00 a.m., March 16, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.