Board Minutes - March 23, 2004

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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, March 23, 2004, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Carroll “Butch” Hambleton presiding, Linda Arcularius, Julie Bear, Ted Williams, and Michael Dorame.  Supervisor Dorame provided the Invocation, and Supervisor Williams led the Pledge of Allegiance.

 

 

Public Comment

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

 

County Dept. Reports

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

 

Introduction

Ms. Jean Dickinson, Director of Health and Human Services, introduced Ms. Lisa Keller, an Eligibility Worker to the Board. 

 

Integ. Waste/Tub Assembly P. O.

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the purchase of one (1) Inner Tub Assembly for the tub grinder from Jones Manufacturing in an amount not to exceed $5,387.50.  Motion carried unanimously.

 

Rd. Dept./Tree Removal

Moved by Supervisor Williams and seconded by Supervisor Dorame to authorize County Road Department Personnel to remove two trees in the road right of way at the east end of Choctaw Drive near the intersection of Sioux Lane.  Motion carried unanimously.

 

Sheriff/Body Armor P.O.

Moved by Supervisor Williams and seconded by Supervisor Dorame to declare Adamson Industries of Costa Mesa, California, a sole-source provider of body armor and authorize the purchase of thirteen (13) Second Chance Monarch 6th Generation Summit Level II replacement vests in an amount not to exceed $9,154.88, plus tax and shipping.  Motion carried unanimously.

 

HHS-Misc/ Vehicle P.O.

Ms. Lita Shepard, Health and Human Services Department, requested that the Board consider, in an addition to the award of the vehicle bids to also amend the CBFRSG budget to accommodate the purchases. She indicated that it was an oversight not to request the appropriation change at the time this agenda item was being prepared.  The County Administrator also informed the Board that the budget amendment action would require a 4/5’s vote.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to A) amend the FY2003/04 CBFRSG Budget Unit 642503 by increasing appropriations in Vehicles (Object Code #5674) by $1,658 and reducing appropriations in General Operating Expense (Object Code #5311) by $1,658; B) award the bid for and authorize the purchase of a 4x4 utility vehicle from the low bidder, Eastern Sierra Motors, in an amount not to exceed $21,657.45 and C) award the bid for and approve the purchase of one 7-passenger all-wheel-drive minivan from the low bidder, Rotolo Chevrolet, in an amount not to exceed $22,242.83.  Motion carried unanimously.

 

Public Defender/ Budget Amendment

The County Administrator provided additional information and further explanation for the Public Defender budget amendment.  He explained that the $30,000 increase, which was being requested, should cover normal Public Defender costs through the end of this fiscal year.  He clarified that these higher Public Defender costs were due in large part to the anomaly in the crime statistics, which were reported on by the Sheriff last week and which reflect higher crime rates in the past several months.  He also explained that the $30,000 is not a part of the special circumstances case, where the costs are being tracked in a separate budget line item. 

 

Moved by Supervisor Bear and seconded by Supervisor Williams to amend the FY 2003-04 County Budget by reducing Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $30,000 and increasing appropriations in Public Defender Budget Unit 022600, Other Professional Services (Object Code #5265) by $30,000.  Motion carried unanimously.

 

Clerk-Elections/ Statement of Votes Cast

Supervisor Dorame asked what the final election costs were for the March 2, 2004 primary.  Ms. Mary Roper, Assistant Clerk-Recorder, indicated that the final tally had not been calculated and that she would provide that information once the amount was known.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to accept the Statement of All Votes Cast at the Consolidated Primary Election held March 2, 2004.  Motion carried unanimously.

 

E. Health/S. W. Management Hearing Panel Appointment

Moved by Supervisor Dorame and seconded by Supervisor Williams to make the following appointments to the Integrated Solid Waste Management Hearing Panel to complete two-year terms ending March 17, 2006: A) Mr. Dan Totheroh as the Technical representative and B) Mr. Bob Hayner, representing the Public-at-Large. Motion carried unanimously.

 

HHS-First Five Comm./IMACA Contract School Readiness

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the contract between the County of Inyo and Inyo Mono Advocates for Community Action (IMACA) for school readiness services for the period of April 1, 2004, through March 31, 2008, in an amount not to exceed $475,280, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-First Five Comm./Budget Amendment

Ms. Lita Shepard, Health and Human Services Dept., requested that the budget amendment being requested be changed to reflect $19,152 instead of $11,000.  She explained that the Commission had allocated additional money to the Office of Education for the School Readiness Program.  She also asked that the Agenda Request Form Summary Discusion section be amended to reflect a total of $98,598 instead of the total of $90,446.  Moved by Supervisor Williams and seconded by Supervisor Dorame to amend the FY 2003-04 County Budget as follows:  A) increase estimated revenue in Children and Families Commission Budget Unit 643000, State Grants (Revenue Code #4498) by $32,575 and increase appropriations in Professional and Special Services (Object Code #5265) by $112,021 and Grant Contributions (Object Code #5538) by $19,152; and B) increase estimated revenue in Oral Health Budget Unit 643006, Other Agency (Revenue Code #4599),  by $19,152 and increase appropriations in Professional and Special Services (Object Code #5265) by $19,152.  Motion carried unanimously.

 

HHS-First Five Comm./IMACA Contracts

Moved by Supervisor Bear and seconded by Supervisor Arcularius take the following actions regarding contracts between the County of Inyo and the Inyo Mono Advocates for Community Action (IMACA) and authorize the Chairperson to sign: A) approve Amendment No. Two which cancels the current Contract for the period of March 1, 2001, through June 30, 2004, effective April 1, 2004; and B) approve the new contract for the provision of countywide home visiting services for the period of April 1, 2004, through March 31, 2005, in an amount not to exceed $107,021, including the option to renew for the period of April 1, 2005, through March 31, 2006 in an amount not to exceed $107,755 and April 1, 2006, through March 31, 2007, in an amount not to exceed $111,356, and authorize the Commission to exercise the renewal options, contingent upon the Board’s adoption of future budgets.  Motion carried unanimously.

 

Probation/Office of Education Extended Day Program

Moved by Supervisor Dorame and seconded by Supervisor Williams to ratify the Contract between the County of Inyo and the Inyo County Office of Education for the Extended Day Program, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $30,000; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Sheriff/Seizure Trust Transfer

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the transfer of fund balance, in the amount of $33,856.23, from the Sheriff’s Drug Enforcement Seizure Trust Budget Unit 502703, to the District Attorney’s DA Federal Asset Seizure Trust Budget Unit 502405.  Motion carried unanimously.

 

Water Dept./ Budget Amendment

Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) amend the FY 2003-04 Wildlife Conservation Board Grant Budget 621700 by increasing estimated revenue in State Grant (Revenue Code #4498) by $78,552 and increasing appropriations by $78,552 as recommended by Staff, (4/5’s vote required); B) approve Amendment No. 1 to the Wildlife Conservation Board Grant No. WC-1002SC, ending May 1, 2006, in the amount of $560,000; and C) ratify the Water Director’s action to sign the Amendment.   Motion carried unanimously.

 

 

BofS/Minute Approval

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the minutes of the Board of Supervisors Meeting of March 9, 2004.   Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:05 a.m., reconvening at 10:15 a.m., with all Board Members Present.

 

Parks/Tecopa Concessionaire

Mr. Chuck Hamilton, Deputy County Administrator, reviewed the Staff Report and recommendations regarding the recommendation to contract with California Land Management of Palo Alto as the concessionaire for the Tecopa Hot Springs.  Ms. Kim Swords, Ms. Yvonne Ball, and Mr. James Ramm, opposed the concessionaire concept for the Campground and advocated the County maintain the operations.  Ms. Jennifer Verik, Hummingbird Family Resource Center, presented a thank-you poster made by the children of the Center to the Board of Supervisors, for the new playground equipment.  Ms. Verik and Ms. Jan Rucquio supported the concessionaire proposal submitted by the Hummingbird Family Resource Center, expressing their desire to see the operations maintained locally.  Mr. Richard Cervantes, Lone Pine Resident, opposed the concessionaire concept.  Mr. Brad Goans, Friends of Tecopa, opposed the privatization of the baths and asked that the item be tabled until the new Supervisor took office.  Boris Gelhaar, visitor, opposed the privatization of the baths.  Ms. Joy Melgard, Bishop Resident and Inyo County Parks Advisory Committee Member, supported the recommendation for a concessionaire for the Campground.  The Board, Staff and members of the audience discussed the proposed recommendation and the alternatives in detail and at length, including, the County’s obligations for sewer pond clean-up irrespective of the disposition of the operations issues, historical use of the waters, the healing powers of the water, the restrictions which may be placed if the baths are privatized, as well as development potential for the facilities and the ability to mobilize and sustain local volunteer efforts in relationship to operations at the baths. 

 

Mr. Steve Parson, Tecopa Resident, addressed the Board to question the accountability of the current employees of the County in Tecopa.  Mr. Wayne Templeton opposed changes in the operations at the Campgrounds.  Mr. Mike Koi, Tecopa Resident, addressed the Board to say he had no complaints about the baths and suggesting that more activities be planned using the baths as a focal point.  Those opposing the recommendation presented petitions from people opposing any change to the County’s ordinance, which would require bathing suits at the baths and opposing the privatization of the baths.  During the discussion the County Administrator suggested that the Board direct staff to develop criteria to help the Board assess the top two proposals.  At that time he indicated to the Board that based on the County’s history with the Hummingbird Family Resource Center in the CDBG Grant process he would recommend the Center as the second in the top two proposals received. 

 

Supervisor Dorame expressed his concern that the baths and the campground operations be protected and supported Staff’s recommendation for the concessionaire.   Supervisor Dorame moved, with no second, to direct staff to negotiate the specific terms and conditions for a contract with California Land Management of Palo Alto, for concessionaire operations of the Tecopa Hot Springs Campground, to include the concerns identified by the residents for maintaining historical use and allowing access to local residents.   The motion failed on a one-to-four roll-call vote, with Supervisor Dorame voting yes, and with Supervisors Arcularius, Bear, Williams and Hambleton voting no.  The Board continued to discuss the recommendation with several Board Members expressing their desire to proceed with an evaluation process, to evaluate the top two proposals.  Supervisors Arcularius and Hambleton expressed their desire to consider a second proposal, while also expressing concern with the local volunteer effort being able to be sustained in light of the apparent discourse displayed between the supporters of the Friends of Tecopa and the Hummingbird Family Resource Center. 

 

Moved by Supervisor Arcularius and seconded by Supervisor Bear to direct Staff to come back April 6, 2004, with criteria parameters to evaluate the proposals for the concessionaire operations of the Tecopa Hot Springs Campground received from California Land Management and Hummingbird Family Resource Center.  Motion carried on a four-to-one vote, with Supervisors Arcularius, Bear, Williams and Hambleton voting yes, and with Supervisor Dorame voting no. 

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 1:30 p.m., reconvening at 2:05 p.m., with all Board Members present.

 

E. Health/Well Permits

Mr. Dave Oldenburg, Environmental Health Director, Dr. Randy Jackson, Hydrologist, and Mr. Larry Beaman, Desert Aggregate, provided additional information on the request for three monitoring wells located near Five Bridges Road and the Desert Aggregate operations in the area.  Mr. Beaman explained that the wells were needed in conjunction with proposed expansion of the Desert Aggregate operations.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve three (3) well permit applications submitted by the City of Los Angeles Department of Water and Power for three monitoring wells to be located near Five Bridges Road.  Motion carried unanimously.

 

Planning/Appeal by Pine Creek Development

The Chairperson opened the public hearing at 2:15 p.m., to consider an appeal by Mr. Lynn Goodfellow, dba Pine Creek Development, of a Planning Commission’s decision regarding the applicant’s standing for Pine Creek Mine.   Ms. Freda Pechner, Counsel for the Appellants, presented their case in support of Mr. Goodfellow’s appeal of a Planning Commission decision denying Pine Creek Development standing to apply for an amended reclamation plan for the Pine Creek Mine site.  Ms. Pechner entered into the record the following:  Exhibit 1, a March 17, 2004 Letter from Ms. Carolyn Saputo of the Department of Conservation to Mr. Stan Hess; Exhibit 2, a February 26, 1992 Planning Department Staff Report regarding the Reclamation Plan #91-4/U.S. Tungsten Corporation; Exhibit 3, a March 2, 1992 letter from the Planning Director to Tim Scott, U.S. Tungsten; and Exhibits R, J, P, Z & D from the Planning Department Staff Report for this item. 

 

Mr. Allen Berry, Counsel for the Planning Department and Commission, proceeded with the Planning Commission’s case.  Ms. Leslie Klusmire, Planning Director, as well as Mr. Gary Oye, U.S. Forest Service, Mr. Jim Pompy, Office of Mine Reclamation and Mr. Robert Joehnck, Counsel for the Department of Conservation, representing the Office of Mine Reclamation, provided testimony supporting the Planning Commission’s decision to deny Mr. Lynn Goodfellow, dba Pine Creek Development standing to submit an amended reclamation plan for the Pine Creek Mine site until the two requirements of SMARA for standing, which are that responsibility for the current reclamation plan is accepted and the appropriate financial assurances for that plan are posted, are met.  The County entered into the record the following:  Exhibit 4, the Inyo County Staff Report and all attachments and exhibits which are identified hereto as Exhibits, A through ZZ and AA and Exhibit 5 Excerpts of SMARA Regarding Standing.  The Chairperson closed the public hearing at 5:25 p.m.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 5:25 p.m., reconvening at 5:45 p.m., with all Board Members present. 

 

Planning/Appeal by Pine Creek Development

The Board Members discussed the appeal by Pine Creek Development of a Planning Commission’s decision to deny standing to Mr. Lynn Goodfellow of Pine Creek Development LLC, to submit an amended reclamation plan for the Pine Creek Mine site because Mr. Goodfellow has not met the requirement that he accept the approved reclamation plan and post adequate financial assurances.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to uphold the Planning Commission’s decision that Mr. Goodfellow does not have standing at this time, send it back to the Planning Commission for determination if the formal acceptance and assignment of the reclamation plan has been met and that adequate financial assurances have been posted.  Motion carried unanimously.

 

Adjourned

The Chairperson adjourned the Special Meeting at 6:10 p.m.

____________________________________
   Chairperson, Inyo County Board of Supervisors

Attest:   RENÉ L. MENDEZ
         Clerk of the Board

 

 

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